20201207 Council PacketMonday, December 7, 2020 Regular Session – 7:00 p.m.
As the City of Des Plaines continues to follow social distancing requirements along with Governor Pritzker’s
Executive Orders and mandated mitigation restrictions, the City Council Meeting on Monday, December 7,
2020 will be held virtually beginning at 7:00 p.m.
The meeting will be live-streamed via: http://desplaines.org/accessdesplaines and played on DPTV Channel
17. The meeting may also be viewed in person at City Hall in the Council Chambers . However, pursuant to
the current state-wide executive orders, no more than 10 people (including City staff) can be in the Council
Chambers at one time during the meeting. Therefore, the City encourages residents and interested parties
to participate in the meeting by watching the live-stream or by submitting written public comments in advance
of the meeting. Public comment can be taken during the meeting for those that choose to be physically
present, those that follow the instructions below to participate virtually, or by submitting public comments by
e-mail to publiccomments@desplaines.org.
Public comments received by 5 p.m., Monday, December 7, 2020 will be distributed to City Council members
prior to the Council meeting. Please indicate if you wish to have your comment read at the meeting. Public
comments read at the meeting are limited to 200 words or less. Public comments should be e-mailed and
contain the following information:
• In the subject line, identify “City Council Meeting Public Comment”
• Name
• Address (optional)
• City
• Phone (optional)
• Organization, agency representing, if applicable
• Topic or agenda item number of interest
If you would like to provide live public comment during the virtual meeting, please send your request to
publiccomments@desplaines.org and you will be sent a link with additional information to join the meeting.
All e-mails received will be acknowledged. Individuals with no access to e-mail may leave a message with the
City Clerk’s Office at 847-391-5311.
The City of Des Plaines remains united in ensuring the safety and health of our community and our employee s. To
protect the public and staff, the City will continue to provide only essential functions and services during the Governor’s
Stay-at-Home Order. The City urges residents and businesses to comply with the Order. If residents must leave their
home, it is very important to practice social distancing and keep at least six feet between others. For a list of services
and additional information during this time, please visit www.desplaines.org. The City encourages individuals to sign up
for its e-news for important information from the City and its government partners, including State and Federal
authorities. The City updates its website and posts on social media daily. To sign up for electronic newsletters, ple ase
visit https://www.desplaines.org/mycity/.
Monday, December 7, 2020
Regular Session – 7:00 p.m.
Via Zoom Video Conference
publiccomments@desplaines.org
CALL TO ORDER
REGULAR SESSION
ROLL CALL
PRAYER
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT – publiccomments@desplaines.org
ALDERMEN ANNOUNCEMENTS/COMMENTS
MAYORAL ANNOUNCEMENTS/COMMENTS
Motion to Extend Declaration of Civil Emergency
CITY CLERK ANNOUNCEMENTS/COMMENTS
MANAGER’S REPORT
CITY ATTORNEY/GENERAL COUNSEL REPORT
|
CONSENT AGENDA
1. SECOND READING – ORDINANCE M-30-20: Approving a New Class A Tavern Liquor License for
American Wild Burger, LLC, 1534 Oakton Street
2. SECOND READING – ORDINANCE M-31-20: Levying Taxes for the City of Des Plaines, Cook County,
Illinois for the Fiscal Year Beginning January 1, 2021 and Ending December 31, 2021
3. RESOLUTION R-195-20: Approving a Supplemental Water Purchase and Sale Contract with the Northwest
Water Commission
4. RESOLUTION R-196-20: Approving a Claim Settlement Agreement with ComEd for Damages Related to
Orchard Place Improvements
5. RESOLUTION R-197-20: Approve Agreements with Wisconsin Central, Ltd. and Union Pacific Railroad
Company for the Construction and Maintenance of a Multi-Use Path in Connection with the Rand Road
Sidepath Project. Budgeted Funds – Grant Funded Projects.
6. Minutes/Regular Meeting – November 16, 2020
UNFINISHED BUSINESS
n/a
NEW BUSINESS
1. FINANCE & ADMINISTRATION – Alderman Malcolm Chester, Chair
a. Warrant Register in the Amount of $3,453,473.43 – RESOLUTION R-198-20
b. 2021 Budget Approval – RESOLUTION R-199-20
2. COMMUNITY DEVELOPMENT – Alderman Denise Rodd, Chair
a. Consideration of Text Amendments, Map Amendment, and Conditional Use for the Proposed
Construction of a 104-foot Tall Public Utilities Antenna Support Structure at 1495 Howard Avenue –
ORDINANCE Z-24-20 and ORDINANCE Z-25-20
OTHER MAYOR/ALDERMEN COMMENTS FOR THE GOOD OF THE ORDER
CLOSED SESSION
REVIEW OF CLOSED SESSION MINUTES
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 accessibilit y of the
meeting(s) or facilities, contact the ADA Coordinator at 391-5486 to allow the City to make reasonable accommodations for these
persons.
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5301
desplaines.org
Date: October 28, 2020
To: Honorable Aldermen
From: Matthew J. Bogusz, Local Liquor Commissioner
Cc: Vickie Baumann, Secretary/Licensing Division
Subject: Liquor License Request for an Increase in Liquor License Classification
Attached please find a Liquor License request for the following applicant:
American Wild Burger LLC
1534 Oakton Street
Class A – Tavern / seats 250 or less (on-site consumption only)
-New Increase from 35 to 36
The complete application packet is on file in the Community and Economic Development Department. The
required posting will be completed November 16, 2020 and all necessary fees have been secured.
This request will come before you on the Consent Agenda of the City Council meeting of Monday,
November 16, 2020.
Matthew J. Bogusz
Mayor
Local Liquor Commissioner
Attachments: Ordinance M-30-20
Application Packet
Page 1 of 9
CONSENT AGENDA #1.
{00117298.1}[Deleted text is struck through; inserted text is bold and double underlined.]
1
CITY OF DES PLAINES
ORDINANCE M - 30 - 20
AN ORDINANCE AMENDING THE CITY CODE TO ADD
ONE CLASS “A” LIQUOR LICENSE.
WHEREAS, American Wild Burger, LLC ("Applicant") applied to the Department of
Community and Economic Development for a Class A liquor license for the premises commonly
known as 1534 Oakton Street, Des Plaines, Illinois ("Premises") pursuant to Chapter 4 of Title 4
of the Des Plaines City Code ("City Code"); and
WHEREAS, the City desires to issue one Class A liquor license to the Applicant for the
Premises; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
grant the Applicant a Class A liquor license for the Premises;
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Des
Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows:
SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part
of, this Ordinance as the findings of the City Council.
SECTION 2: APPROVAL OF LIQUOR LICENSE. The City Council hereby grants
the Applicant a Class A Liquor License to the Applicant for the Premises.
SECTION 3: FEE SCHEDULE. Section 1, titled “Fee Schedule,” of Chapter 18, titled
"Schedule of Fees," of Title 4, titled “Business Regulations,” of the City Code is hereby amended
further to read as follows:
4-18-1: FEE SCHEDULE:
Section Fee Description Number Term Fee
New
* * *
Chapter 4 Liquor Control
4-4-5A License Fees and Number:
Class Number Term Initial Fee Annual Fee
Class A 35 36 Annual $3,850.00 $1,925.00
* * *
Page 2 of 9
{00117298.1}[Deleted text is struck through; inserted text is bold and double underlined.]
2
SECTION 4: SEVERABILITY. If any paragraph, section, clause or provision of this
Ordinance is held invalid, the remainder shall continue in full force and effect without affecting
the validity of the remaining portions of the Ordinance.
SECTION 5: EFFECTIVE DATE. This Ordinance shall be in full force and effect
from and after its passage, approval, and publication in pamphlet form according to law.
PASSED this _____day of ____________, 2020.
APPROVED this _____ day of ____________, 2020.
VOTE: AYES _____ NAYS _____ ABSENT ______
MAYOR
ATTEST:
CITY CLERK
Published in pamphlet form this Approved as to form:
______ day of ________________, 2020.
CITY CLERK Peter M. Friedman, General Counsel
DP-Ordinance Add One Class A Liquor License for American Wild Burger 1534 Oakton Street
Page 3 of 9
Page 4 of 9Attachment 1
Page 5 of 9Attachment 1
Page 6 of 9Attachment 1
Page 7 of 9Attachment 1
Page 8 of 9Attachment 1
Page 9 of 9Attachment 1
FINANCE DEPARTMENT
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5300
desplaines.org
Date: November 4, 2020
To: Michael Bartholomew, City Manager
From: Dorothy Wisniewski, Assistant City Manager/Director of Finance
Subject: 2020 Property Tax Levy
Issue: Presented for City Council approval is the 2020 Tax Levy representing a 2.91% decrease from the 2019
Property Tax Extension.
Analysis: Section 18-15 of the Illinois Property Tax Code requires that the City adopt a tax levy ordinance and
file it with the County Clerk’s office by the last Tuesday in December (Tuesday, December 29 for 2020).
The 2020 Tax Levy is scheduled for first reading on November 16th (in conjunction with the public hearing on
the Tax Levy) and second reading on December 7th. However, the County Clerk’s office filing deadline of
December 29, 2020 remains firm and it is imperative the City Council adopt a tax levy of some amount on
or before the evening of December 21st, or the City would be prohibited from levying any property tax.
The table above depicts a detailed comparison of the 2019 Tax Extension and the 2020 Tax Levy. The 2020 Tax
Levy, which includes the general (corporate) fund, police and fire pension funds, public library fund, and bond
& interest (debt service) fund, totals $30,589,150. This represents a decrease of $917,675, or -2.91% from the
2019 Property Tax Extension.
Recommendation: I recommend the City Council formally adopt the 2020 Property Tax Levy Ordinance.
Attachments:
Attachment 1 – 2020 Tax Levy Ordinance M - 31 - 20
Attachment 2 – 2020 Property Tax Levy Snapshot
Fund Amount Fund Amount +/- % +/- $
Corporate Fund 12,955,495 Corporate Fund 9,282,822 -28.35% (3,672,673)
Police Pension Fund 6,298,450 Police Pension Fund 7,856,751 24.74% 1,558,301
Fire Pension Fund 5,969,880 Fire Pension Fund 7,349,577 23.11% 1,379,697
Library Board Fund 6,283,000 Library Board Fund 6,100,000 -2.91% (183,000)
ITTA Aggregate Property
Tax Extension 31,506,825
ITTA Aggregate
Property Tax Levy 30,589,150 -2.91% (917,675)
2019 Property Tax Extension 2020 Estimated Property Tax Levy
MEMORANDUM
Page 1 of 5
CONSENT AGENDA #2.
1
CITY OF DES PLAINES
ORDINANCE M - 31 - 20
AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES
PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL
YEAR BEGINNING JANUARY 1, 2021 AND ENDING
DECEMBER 31, 2021. ______
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES,
COOK COUNTY, ILLINOIS IN THE EXERCISE OF ITS HOME RULE POWER, AS
FOLLOWS:
SECTION 1: That a tax in the sum of $30,589,150 (Thirty Million, Five Hundred Eighty
Nine Thousand, One Hundred Fifty Dollars) being the total estimated appropriation heretofore legally
made, or so much thereof as may be authorized by law, which is to be collected from the 2020 tax
year levy for all Corporate purposes of the City of Des Plaines, including but not limited to, the
maintenance of the Des Plaines Free Public Library, and Police and Firefighter Pension Funds as
appropriated for the fiscal year by the ANNUAL APPROPRIATION ORDINANCE OF THE CITY
OF DES PLAINES, duly passed by the City Council of the said City of Des Plaines, be and the same
is hereby levied for said purposes against all taxable property in the City of Des Plaines for the fiscal
year commencing January 1, 2021 and ending December 31, 2021.
SECTION 2: The specific amounts as levied for the various purposes heretofore named are
indicated herein by being placed in a separate column under the heading “TO BE RAISED BY
TAXATION” which appears over same. The said tax is so levied for the aforesaid, said items being
as follows:
Attachment 1 Page 2 of 5
2
Fund
2020 Estimated
Appropriations
Estimated Receipts
from sources other
than Taxation
To be raised by
Taxation
General Fund 71,635,446 62,352,624 9,282,822
Police Pension Fund 7,856,751 7,856,751
Fire Pension Fund 7,349,577 7,349,577
Bond & Interest (Debt
Service) 0 0
Public Library Fund 7,069,499 969,499 6,100,000
Total: 93,911,273 63,322,123 30,589,150
SECTION 3: It is hereby provided that any funds remaining on hand shall be construed with
and classified with the miscellaneous revenue anticipated during the coming year and covered by the
appropriation from such miscellaneous revenue.
SECTION 4: That 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]
Attachment 1 Page 3 of 5
3
PASSED this _____ day of _________________, 2020.
APPROVED this _____ day of ___________________, 2020.
VOTE: AYES ______ NAYS ______ ABSENT ______
MAYOR
ATTEST:
_______________________________
CITY CLERK
Published in pamphlet form this Approved as to form:
____ day of ____________, 2020.
________________________________
CITY CLERK Peter M. Friedman, General Counsel
DP-2020 Tax Levy Ordinance
Attachment 1 Page 4 of 5
2021 Budget
PROPERTY TAX LEVY (2020 Levy Extended in 2021)
Dollar Percent
2018 2019 2020 Change Change
Purpose Tax Extension Tax Extension Tax Levy 2020 2020
Corporate 13,043,045 12,955,495 9,282,822 (3,672,673) -28.35%
Police Pension 6,276,820 6,298,450 7,856,751 1,558,301 24.74%
Firefighter Pension 5,903,960 5,969,880 7,349,577 1,379,697 23.11%
Total City 25,223,825$ 25,223,825$ 24,489,150$ (734,675)$ -2.91%
Library 6,283,000 6,283,000 6,100,000 (183,000) -2.91%
31,506,825 31,506,825 30,589,150 (917,675)$ -2.91%
2020 PROPERTY TAX LEVY
(Collections to occur in the 2021 Budget)
Attachment 2 Page 5 of 5
PUBLIC WORKS AND
ENGINEERING DEPARTMENT
1111 Joseph Schwab Road
Des Plaines, IL 60016
P: 847.391.5464
desplaines.org
Date: November 16, 2020
To: Michael G. Bartholomew, MCP, LEED-AP, City Manager
From: Timothy Watkins, Assistant Director of Public Works and Engineering
Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering
Subject: Northwest Water Commission, Supplemental Water Purchase and Sale Contract
Issue: The current Northwest Water Commission contract has been revised to increase the quantity of water
purchased. The amended agreement requires approval by the City Council.
Analysis: The existing water purchase between the Northwest Water Commission and the City of Des Plaines
allows the City to purchase an amount of water not to exceed 5 million gallons of water per day and not to exceed
75% of the City’s total water usage. The City has successfully negotiated a new agreement allowing the City to
purchase 5.8 million gallons of water per day not to exceed 87.5% of the City’s total water usage. The rate of
purchase for this amount of water did increase by $0.05 per thousand gallons to a final rate of $1.96 per thousand
gallons. Currently, the City pays the City of Chicago $4.07 per thousand gallons. Purchasing this additional water
from the Northwest Water Commission will result in both cost savings of $2.11 per thousand gallons (up to
$1,700 per day) and ensure better operation of the City’s water system. The new contract has a term of 20 years.
Recommendation: We recommend approval of the Supplemental Water Purchase and Sale Contract with the
Northwest Water Commission.
Attachments:
Resolution R-195-20
Exhibit A – Supplemental Water Purchase and Sale Contract
MEMORANDUM
Page 1 of 47
CONSENT AGENDA #3.
1
CITY OF DES PLAINES
RESOLUTION R - 195 - 20
A RESOLUTION APPROVING A SUPPLEMENTAL
WATER PURCHASE AND SALE CONTRACT WITH THE
NORTHWEST WATER COMMISSION FOR THE
ADDITIONAL SUPPLY OF POTABLE WATER.
WHEREAS, the City of Des Plaines ("City") is an Illinois home-rule municipal
corporation authorized by Article VII, Section 6 of the Illinois Constitution to exercise any power
or perform any function pertaining to its government and affairs; and
WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution and the Illinois
Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorize and encourage
intergovernmental cooperation; and
WHEREAS, the City currently contracts with the Northwest Water Commission
("NWC") for up to 75 percent, or 5 million gallons, of the City’s supply of potable water per day
and the City of Chicago for 25 percent of the City’s supply of potable water per day; and
WHEREAS, the City desires to obtain an additional supply of potable water per day from
the NWC; and
WHEREAS, the City has negotiated a Supplemental Water Purchase and Sale Contract
("Agreement") with the NWC with a 20-year term; and
WHEREAS, pursuant to the Agreement, the NWC will supply the City with up to 87.5
percent, or 5.8 million gallons, of water per day at a rate of $1.96 per thousand gallons for the first
year of the Agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into the Agreement with the NWC;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des
Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows:
SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a part
of, this Resolution as findings of the City Council.
SECTION 2: APPROVAL OF AGREEMENT. The City Council hereby approves the
Agreement in substantially the form attached to this Resolution as Exhibit A, and in a final form
to be approved by the General Counsel.
Page 2 of 47
2
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 and all documentation related thereto.
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 _________________, 2020.
APPROVED this ___ day of ____________________, 2020.
VOTE: AYES _____ NAYS _____ ABSENT _____
MAYOR
ATTEST: Approved as to form:
CITY CLERK Peter M. Friedman, General Counsel
DP-Resolution Approving Supplemental Water Purchase and Sale Contract with Northwest Water Commission
Page 3 of 47
NORTHWEST WATER COMMISSION
SUPPLEMENTAL WATER PURCHASE AND SALE CONTRACT
BY AND BETWEEN
THE NORTHWEST WATER COMMISSION
AND THE CITY OF DES PLAINES
Dated:
Exhibit A Page 4 of 47
i
TABLE OF CONTENTS
SECTION 1 BACKGROUND ........................................................................................ 1
SECTION 2 DEFINITIONS ............................................................................................ 2
SECTION 3 SUPPLEMENTAL WATER SUPPLY ........................................................ 6
A. Agreement to Sell and Purchase. ......................................................................... 6
B. Beginning of Obligations to Deliver and Receive Potable Water .......................... 6
C. Limits on Supply ................................................................................................... 6
D. Additional Subsequent Customers ....................................................................... 7
E. Emergency or Maintenance Stoppage or Flow Reduction .................................... 7
F. Curtailment: Emergency Use of Other Sources .................................................... 7
G. Limits on Use ........................................................................................................ 7
SECTION 4 QUALITY;DELIVERY;STORAGE;DISTRIBUTION;
CONSERVATION ...................................................................................... 8
A. Water Quality ........................................................................................................ 8
B. Maintenance of System; Water Quality; Prevention of Waste .............................. 8
C. Wells and Well Water. .......................................................................................... 8
i. No Other Wells ................................................................................................. 8
D. Surges and Back-Flows ........................................................................................ 8
E. City System Pressures ......................................................................................... 9
F. Connection to Transmission Mains ....................................................................... 9
G. City System Connection Facilities ........................................................................ 9
i. City Obligation .................................................................................................. 9
SECTION 5 MEASURING EQUIPMENT ....................................................................... 9
A. Metering Stations. ................................................................................................. 9
i. Construction of Metering Stations ..................................................................... 9
ii. Site of Point of Delivery Metering Station ....................................................... 10
iii. Access by City ................................................................................................ 10
iv. Meter Reading ................................................................................................ 10
B. Records .............................................................................................................. 10
C. Calibration .......................................................................................................... 10
D. Check Meters ..................................................................................................... 11
E. Meter Malfunctions ............................................................................................. 11
F. Removal of Metering Stations............................................................................. 12
G. Removal of Transmission Mains ......................................................................... 13
H. Meters for City Customers .................................................................................. 13
I. Right of Inspection .............................................................................................. 13
SECTION 6 UNIT OF MEASUREMENT ..................................................................... 13
SECTION 7 RATES AND TERMS OF PAYMENT ...................................................... 14
A. Rate .................................................................................................................... 14
B. Adjustments to Rate ........................................................................................... 14
C. Reserved ............................................................................................................ 14
D. Reserved ............................................................................................................ 14
E. Bills and Due Date .............................................................................................. 14
F. Disputed Payments ............................................................................................ 14
G. Overdue Payments ............................................................................................. 15
i. Interest ........................................................................................................... 15
Exhibit A Page 5 of 47
ii
ii. Reduction or Discontinuance of Delivery ........................................................ 15
iii. Security Deposit ............................................................................................. 16
H. Beginning of Obligation to Pay ........................................................................... 16
I. Rate Agreed to be Reasonable. ......................................................................... 17
J. Commission Charges and Rates Covenant ........................................................ 17
K. City Charges and Rates Covenant ..................................................................... 17
L. Character of Payment Obligations as Water Revenue Obligations .................... 18
M. Character of Payment Obligations as Operating Expenses ................................ 18
SECTION 8 SPECIAL CONDITIONS AND COVENANTS .......................................... 19
A. No Liability for Unintentional Delay. .................................................................... 19
B. Title to Potable Water ......................................................................................... 19
C. Other Supply; Emergency Supply ....................................................................... 19
D. Covenants to Be Set Out in Bond Ordinances ................................................... 20
E. Other Financial Obligations of City System ........................................................ 20
i. Payment Obligations ...................................................................................... 20
ii. Future City Debt ............................................................................................. 20
F. Maintenance of City’s Existence. ........................................................................ 20
G. City Jurisdiction .................................................................................................. 21
H. Maintenance and Operation of City System. ...................................................... 21
I. City Regulations Equivalent to Member Municipality Regulations ...................... 21
J. Accounting and Audit. ......................................................................................... 21
K. Maintain Ownership of City Waterworks System ................................................ 22
L. No Sale of Water System. .................................................................................. 22
M. Release and Indemnification .............................................................................. 22
N. Assignment of Litigation ..................................................................................... 23
O. Rate of Withdrawal ............................................................................................. 23
P. Status as Customer ............................................................................................ 23
SECTION 9 SCHEDULE FOR COMPLETION OF VARIOUS FACILITIES ................ 24
A. Plans and Specifications for City System Connection Facilities ......................... 24
B. IEPA and Other Approvals For City System Connection Facilities and
Commission Connection Facilities ...................................................................... 24
C. Commencement of Construction of City System Connection Facilities and
Commission Connection Facilities ...................................................................... 25
D. Transfer of Property Rights/Payment Covenant/Oversizing ............................... 25
i. Conveyance of City Easement ....................................................................... 25
ii. Acquisition of Property .................................................................................... 25
iii Payment Covenant ......................................................................................... 25
iv. Oversizing ...................................................................................................... 25
SECTION 10 ASSIGNABILITY ..................................................................................... 26
A. Assignment by City ............................................................................................. 26
B. Assignment by the Commission ......................................................................... 26
SECTION 11 FORCE MAJEURE .................................................................................. 26
SECTION 12 COMMISSION DEFAULTS ..................................................................... 27
SECTION 13 CITY OBLIGATION UNCONDITIONAL .................................................. 27
SECTION 14. TAX COVENANTS ................................................................................. 28
SECTION 15 COOPERATION IN ISSUANCE OF OBLIGATIONS .............................. 28
Exhibit A Page 6 of 47
iii
SECTION 16 REGULATORY BODIES ......................................................................... 29
SECTION 17 OTHER WATER SUPPLIERS ................................................................. 29
SECTION 18 EFFECTIVE DATE: TERM ...................................................................... 30
A. Effective Date ..................................................................................................... 30
B. Term ................................................................................................................... 30
SECTION 19 TERMINATION ........................................................................................ 30
A. By Commission ................................................................................................... 30
SECTION 20 GENERAL ............................................................................................... 30
A. Governing Law. .................................................................................................. 32
B. Notices ............................................................................................................... 32
C. Calendar Days and Time .................................................................................... 32
D. Entire Agreement ................................................................................................ 33
E. Amendments ...................................................................................................... 33
F. Further Action ..................................................................................................... 33
G. Captions ............................................................................................................. 33
H. Exhibits ............................................................................................................... 33
I. Changes in Laws. ............................................................................................... 33
J. Time is of the Essence. ...................................................................................... 34
K. Pending Lawsuits ............................................................................................... 34
L. Responsible Party. ............................................................................................. 34
M. Commission Exemptions. ................................................................................... 34
N. Severability. ........................................................................................................ 34
O. Reimbursement of Professional Fees/Costs....................................................... 35
Exhibit A Page 7 of 47
1
NORTHWEST WATER COMMISSION
SUPPLEMENTAL WATER PURCHASE AND SALE CONTRACT
BY AND BETWEEN
THE NORTHWEST WATER COMMISSION
WITH THE CITY OF DES PLAINES
THIS SUPPLEMENTAL WATER PURCHASE AND SALE CONTRACT is made and
entered into as of ____________________, 2020, by and between the NORTHWEST WATER
COMMISSION, an Illinois water commission and public corporation organized and existing under
the Illinois Constitution of 1970 and Division 135 of Article 11 of the Illinois Municipal Code, 65
ILCS 5/11-135-1 et seq. (2020), and the CITY OF DES PLAINES, a municipal corporation
organized and existing under the Illinois Constitution of 1970 and the Illinois Municipal Code, 65
ILCS 5/1-1-1 et seq. (2020) for and in consideration of the mutual covenants and agreements
herein contained.
SECTION 1 BACKGROUND
A. The Commission owns and operates the Commission Waterworks System for the
receipt of Potable Water and for the delivery of Potable Water to its Member Municipalities and
other Customers1.
B. The Commission has issued and sold, and may in the future issue and sell, Bonds
from time to time during the term of this Contract in sufficient amounts for the payment of the
costs of acquiring, designing, constructing, and maintaining its Waterworks System.
C. The City owns and operates the City Waterworks System for the delivery of
Potable Water to its customers.
D. The City has received an allocation from the State of Illinois Department of Natural
Resources to divert water from Lake Michigan for the City Waterworks System.
1 All capitalized words and phrases throughout this Contract shall have the meanings set forth in Section 2 hereof.
Exhibit A Page 8 of 47
2
E. The City desires to purchase Potable Water from the Commission and the
Commission desires to sell Potable Water to the City, solely for the purposes set forth in and in
strict accordance with the provisions of this Contract. The Commission and the City acknowledge
that this is not an exclusive contract for the sale and purchase of water to the City. Further, the
City acknowledges that it is not and shall not be entitled to receive more than 87.5% of its water
use from the Commission.
F. Pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq. (2020), the
Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. (2020), and Article VII, Sections 3 and
10 of the Illinois Constitution of 1970, the Commission and the City are authorized to enter into
this Contract.
G. The City recognizes that the Commission may use this Contract as the basis, in
part, for obtaining loans from time to time to be evidenced by the issuance of its Bonds; and for
payment of the principal of and the premium, if any, and interest on such Bonds; and as the
means for the payment of its maintenance and operating expenses; and for such purposes as
may be authorized by applicable statutes or required in any Bond Ordinance adopted by the
Commission authorizing issuance of Bonds.
SECTION 2 DEFINITIONS
The following words and phrases shall have the following meanings when used in this
Contract.
“Bond Ordinances” means all of the respective bond ordinances and resolutions under
which the Parties have or will authorize the issuance of, or issue, Bonds.
“Bonds” means Commission Revenue Bonds and City Bonds.
“City” means the City of Des Plaines.
“City Bonds” means the debt obligations, whether in the form of bonds, notes, or other
evidences of indebtedness, to be issued by the City in an amount sufficient to pay the expected
Exhibit A Page 9 of 47
3
costs to complete all of the City’s obligations under this Contract, including, without limitation,
costs of construction and professional services.
“City System Connection Facilities” means those portions of the City Waterworks
System to connect the existing City Waterworks System to the Commission Waterworks System,
which facilities are depicted in the final plans approved by both Parties and attached as Exhibit B
to this Contract. The City System Connection Facilities include, among other items, the valves
[and pressure adjusting station] described in this Contract and pipeline and equipment
appurtenant thereto.
“City Waterworks System” means all of the City’s facilities, including land; easements;
rights-of-way over lands and waters; pumping facilities, wells, treatment facilities, storage
facilities, metering stations, and other facilities; mains; and pipelines acquired and used for the
purposes of transmitting and providing Potable Water to the City’s customers, as depicted in
Exhibit A.
“Commission” means the Northwest Water Commission.
“Commission Connection Facilities” means the portions of the Commission
Waterworks System to be constructed pursuant to this Contract by the City after approval by the
Commission to connect the City Waterworks System to the existing Commission Waterworks
System, which facilities are depicted in the final plans approved by both Parties and attached as
Exhibit B to this Contract. The Commission Connection Facilities include, among other items, the
metering station and Supervisory Control and Data Acquisition (“SCADA”) facilities described in
Subsection 5A of this Contract and pipelines and equipment appurtenant thereto.
“Commission Revenue Bonds” means all of the Commission’s debt obligations,
whether in the form of bonds, notes, or other evidences of indebtedness, in whatever original
principal amount, together with any such revenue obligations authorized by law to be issued by
the Commission from time to time and refunding revenue obligations issued to refund other such
obligations.
Exhibit A Page 10 of 47
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“Commission Waterworks System” means all of the Commission’s facilities, including
land; easements; rights-of-way over lands and waters; pumping facilities, treatment facilities,
storage facilities, metering stations, and other facilities; mains; and pipelines acquired and used
for the purposes of transmitting Potable Water to the Commission’s Member Municipalities and
Customers. The Commission Waterworks System includes the metering station and all meters
and other equipment located therein constructed as part of the Commission Connection Facilities.
“Connection Area” means an area at the east side of the Commission’s pump station
on and adjacent to the Commission’s property as depicted in Exhibit B, or as otherwise may be
agreed upon by the Parties.
“Connection Facilities” means the Commission Connection Facilities and the City
Connection Facilities.
“Contract” means this Contract.
“Customer” means any person or entity to whom the Commission sells Potable Water.
“Day” means any 24-hour continuous period commencing at 12:00 a.m. (midnight) local
time.
“Delivery Date” means the date that the Commission first delivers Potable Water to the
City.
“Effective Date” means the date established in Section 18 of this Contract.
“Fiscal Year” means the fiscal year of the Commission.
“Force Majeure” means acts of God; strikes, lockouts, or other industrial disturbances;
acts of a public enemy; orders of any kind of the Government of the United States, of the State
of Illinois, or of any civil or military authority; insurrections; riots; acts of terrorism; epidemics;
pandemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts;
droughts; arrests; restraints of government and people; civil disturbances; explosions, breakage,
or accidents to machinery, pipelines, plants, canals, or tunnels; and inability on the part of the
Commission to deliver Potable Water hereunder, or of the City to receive Potable Water
Exhibit A Page 11 of 47
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hereunder, on account of any other causes not reasonably within the control or ability to cure of
the Party claiming such inability.
“Maximum Water Supply Amount” means the maximum amount of Potable Water that
the Commission shall be obligated to deliver to the City, and that the City shall be authorized to
purchase from the Commission, pursuant to this Contract, which amount shall not exceed Five
Million Eight Hundred Thirty Three gallons per Day (5.833 MGD), unless otherwise agreed in
writing from time to time by the Commission and the City.
“Member Municipalities” means the Villages of Arlington Heights, Buffalo Grove,
Palatine and Wheeling.
“Party” or “Parties” means either the City, the Commission or both, as appropriate.
“Point of Delivery” means the first valve immediately downstream from the metering
station at which the Potable Water delivered to the City pursuant to this Contract leaves the
Commission Waterworks System and enters the City Waterworks System.
“Potable Water” means treated, filtered water drawn from Lake Michigan provided to the
Commission.
“Rate” means the customary and applicable rate for delivery of Potable Water established
by the Commission for a particular fiscal year.
“Trustee” means a trustee provided in a Bond Ordinance.
“Water Allocation” means the sum of the City’s allocations and allowable excesses from
time to time of Potable Water for the City Waterworks System pursuant to the Level of Lake
Michigan Act, 615 ILCS 50/1 et seq. (2020), as amended from time to time; the Illinois Department
of Natural Resources Rules and Regulations for the Allocation of Water from Lake Michigan, 92
III. Admin. Code Part 730, as amended from time to time; applicable Illinois Department of Natural
Resources Decisions, as amended from time to time; and such other amounts of Potable Water
as the City may lawfully take for the City Waterworks System.
Exhibit A Page 12 of 47
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“Well Water” means either treated, filtered water or untreated, unfiltered water drawn
from wells owned and, operated by the City.
SECTION 3 SUPPLEMENTAL WATER SUPPLY
A. Agreement to Sell and Purchase. Subj ect to all provisions of this Contract, the
Commission shall sell and deliver to the City, and the City shall purchase and receive from the
Commission, an amount of Potable Water not to exceed Five Million Eight Hundred Thirty Three
thousand gallons per day (5.833 MG D) and in no event shall it exceed 87.5% of the City’s total
water usage. This amount includes municipal use, system leakage and metering losses located
beyond the Point of Delivery. The Commission’s obligation to the City to deliver Potable Water
hereunder shall be limited to this amount.
B. Beginning of Obligations to Deliver and Receive Potable Water. The Commission
shall be obligated to deliver Potable Water to the City Waterworks System, and the City shall be
obligated to receive at the City W aterworks System, Potable Water delivered by the Commission
immediately after completion of construction of the Point of Delivery and any other City System
Connection Facilities and any Commission Connection Facilities and inspection and approval for
operation thereof by the Commission and any other regulatory agency. This paragraph includes
any water used to test or prepare the City System Connection Facilities.
C. Limits on Supply. The Commission shall use its best efforts to furnish Potable
Water to the City as hereinabove provided, but the City acknowledges and agrees that the
Commission’s obligation hereunder is limited by:
i. The amount of Potable Water available to the Commission from
time to time;
ii. The capacity of, and any risk of harm to, the Commission W aterworks
System due to the furnishing of Potable Water;
iii. Ordinary transmission loss, including standard metering error, between the
Commission’s source of supply and/or the Point of Delivery to the City Waterworks System;
Exhibit A Page 13 of 47
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iv. The Provisions of this Contract; and
v. Force Majeure.
D. Additional Subsequent Customer. The City acknowledges that the Commission
may enter into contracts for the sale by the Commission of Potable Water to Customers other
than City. The Parties acknowledge that the rates for the sale of Potable Water in such contracts
may affect the rates charged to the City pursuant to Section 7 of this Contract.
E. Emergency or Maintenance Stoppage or Flow Reduction. The Commission
undertakes to use reasonable care and diligence to provide a constant supply of Potable Water
as herein provided, but reserves the right at any time to cease or reduce the flow of Potable Water
in its mains for emergency and maintenance purposes. The Commission shall give notice not
less than 48 hours in advance of any stoppage for scheduled maintenance purposes and it shall
give such notice as is reasonable under the particular circumstances of any cessation or
reduction of flow for emergency purposes. The Commission shall provide as much notice as
practical where the flow of water is expected to be reduced temporarily.
F. Curtailment: Emergency Use of Other Sources. Subject to the rights of the Member
Municipalities, if it becomes necessary for the Commission to limit its delivery of Potable Water
to its Customers for any reason, the City shall be entitled, to the extent possible after taking into
account all factors including but not limited to the rights of the Member Municipalities, to receive
during such period of curtailment a pro rata share of available Potable Water as determined by
the ratio of the City Waterworks System’s total Potable Water delivered during the prior Fiscal
Year to the sum of Potable Water delivered during the prior Fiscal Year of all of the Commission’s
Customers entitled to Potable Water during such period of curtailment.
G. Limits on Use. Potable Water delivered by the Commission to the City pursuant to
this Contract shall be used solely for the purpose of resale by City for use on land within the
jurisdiction of the City. Except for the City’s extraterritorial customers existing as of the Effective
Date, as listed in Exhibit C to this Contract, neither the City nor any customer of the City shall sell
Exhibit A Page 14 of 47
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or resell Potable Water to anyone outside the jurisdiction, or for use outside of the jurisdiction, of
the City without the written approval of the Commission.
SECTION 4 QUALITY; DELIVERY; STORAGE; DISTRIBUTION; CONSERVATION
A. Water Quality. The Commission shall supply the City with Potable Water of a
quality commensurate to that furnished to the Commission’s other Customers and Member
Municipalities. The Commission bears no responsibility for the contamination of Potable Water or
deterioration of water quality occurring beyond the Point of Delivery to the City Waterworks
System.
B. Maintenance of System; Water Quality; Prevention of Waste. The City shall
operate the City Waterworks Systems in such a manner as at no time to place the Commission,
or the Commission Waterworks System, in jeopardy of failing to meet (i) the regulations of any
federal, State of Illinois, or local agency or governmental authority having jurisdiction over the
operation of the Commission’s Waterworks System or (ii) the commitments the Commission has
to its Members, other customers and to its water suppliers. The City shall notify the Commission
immediately of all emergency and other conditions that may directly or indirectly affect quantity or
the quality of the water to be received under this Contract or the Commission Waterworks System
or water supply. The City further agrees to take reasonable measures to conserve water.
C. No Use of Wells and Well Water. The City warrants and represents that it does
not distribute well water through the City Waterworks System to its Potable Water customers and
will not do so in the future without the written consent of the Commission.
D. Surges and Back-Flows. The City’s operation of the City Waterworks System,
including, without limitation, its pressure adjusting stations, shall not cause surges or back-flows
into the Commission Waterworks System and any connection to the Commission Connection
Facilities and/or Commissioner Waterworks System to the City System Connection Facilities shall
be provided with air gap protection. The Commission shall not be responsible for any damage to
Exhibit A Page 15 of 47
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the City Waterworks System caused by the design, operation, or maintenance of the City
Waterworks System.
E. City Waterworks System Pressures. The City shall be solely responsible for
delivering Potable Water to its customers at pressures required or necessary to make such
delivery.
F. Connection to Transmission Mains. The City shall not construct or install, nor
permit to be constructed or installed, any taps from or connections to the Commission Waterworks
System. Such prohibited taps and connections shall include, without limitation, distribution mains,
valves, fire hydrants and service lines. Nor shall City construct taps on the City Waterworks
System at or near the Point of Delivery, without written consent of the Commission.
G. City System Connection Facilities. The City, at its own expense and pursuant to
the schedule established in Section 9 of this Contract, shall site, design, construct, operate,
maintain, and when necessary replace the City System Connection Facilities, including any
valves and/or pressure adjusting stations as may be required, immediately downstream from the
Point of Delivery. Initial design and construction plans and specifications for the City System
Connection Facilities, and any future modifications thereof, shall be submitted in advance of
construction or modification to the Commission for review and approval.
SECTION 5 MEASURING EQUIPMENT
A. Metering Stations.
i. Construction of Metering Stations. The City shall, pursuant to the schedule
established in Section 9 of this Contract, furnish and install metering stations containing the
necessary equipment and devices of a type meeting the standards of the American Water Works
Association, and as determined in the sole discretion of the Commission, for measuring properly
the quantity of Potable Water delivered under this Contract, including all structures as the
Commission shall deem necessary to house such equipment and devices. Such furnishing and
installing of the metering stations shall be done in substantial conformance with the final plans
Exhibit A Page 16 of 47
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therefor attached as Exhibit B to this Contract, as such final plans may be revised by mutual
agreement of the Commission and the City. After construction is completed by the City and
approved by the Commission, the City shall convey to the Commission and the Commission shall
own, operate, maintain, and replace such metering stations and all equipment and structures
related thereto.
ii. Site of Point of Delivery Metering Station. The metering station for the Point
of Delivery shall be located within the Connection Area in a specific location determined by the
Commission. Water shall be delivered at atmospheric pressure such that an air gap exists
between the Commission Waterworks System and the City’s System Connection Facilities.
iii. Access by City. The City shall have access to the metering stations for
examination and inspection in a manner to be mutually agreed by the Parties. The reading of the
meters for billing purposes, and the calibration and adjustment of the meters and other equipment
in the metering stations, shall be done only by the employees or agents of the Commission at the
cost of the City.
iv. Meter Reading. The Commission intends to read the meters in the
metering station on the first day of each month.
B. Records. For the purpose of this Contract, the official record of readings of each
meter at the metering station shall be the handwritten journal or other handwritten or electronic
record book of the Commission in its office in which the records of the employees or agents of
the Commission who take the readings are or may be transcribed or entered. Upon written request
of the City, the Commission will give the City a copy of such handwritten journal or record book,
or permit the City to have access thereto in the office of the Commission during regular business
hours.
C. Calibration. The Commission shall calibrate its meters at least once in each Fiscal
Year measuring the Potable Water delivered to the City Waterworks System. If requested in
writing by the City to do so, said calibration shall be in the presence of a representative of the
Exhibit A Page 17 of 47
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City, and the Commission and the City shall jointly observe any adjustments that are made to the
meters in case any adjustments shall be necessary. If any check meters have been installed, then
such check meters shall be calibrated by the City, if requested in writing by the Commission to do
so, at least once in each Fiscal Year in the presence of a representative of the Commission, and
the Commission and the City shall jointly observe any adjustments that are made to the meters
in case any adjustments shall be necessary.
D. Check Meters. The City, at its option and its own expense, may install and operate
a check meter to check each meter installed by the Commission. Notwithstanding the foregoing,
the measurement of Potable Water for purposes of this Contract shall be solely by the
Commission’s meters, except in the cases hereinafter specifically provided to the contrary. All
check meters shall be of standard make and shall be subject to inspection and examination by
any employee or agent of the Commission at all reasonable times. The calibration and adjustment
of check meters shall be made only by the City, except during any period when a check meter
may be used under the provisions hereunder for measuring the amount of Potable Water
delivered to the City, in which case the calibration and adjustment of such check meter shall be
made by the Commission with like effects as if such check meter had been furnished and installed
by the Commission.
E. Meter Malfunctions. If the Commission or the City at any time observe a variation
between a meter and a check meter or any evidence of meter malfunction, such Party shall
promptly notify the other Party and the Commission and the City shall then cooperate to procure
an immediate calibration test and such adjustment, replacement, or other work necessary to
return such meter to accuracy. The Party who discovers such variation or malfunction shall give
the other Party notice not less than 72 hours prior to the time of any test of any meter (which tests
shall be conducted, if practical, during normal working hours) so that the other Party may
conveniently have a representative present. If such representative is not present after the required
notification at the time set in such notice, calibration and adjustment may proceed in the absence
Exhibit A Page 18 of 47
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of said representative notwithstanding any other provision of this Subsection. If the percentage of
inaccuracy of any meter is found to be in excess of two percent between the check meter and the
Commission meter, registration thereof shall be corrected by agreement of the Commission and
City based upon the best data available, for a period extending back to the time when such
inaccuracy began if such time is ascertainable, or for a period extending back one-half of the time
elapsed since the last date of calibration (but in no event further back than a period of six months)
if such time is not ascertainable.
If for any reason any meter is out of service or in disrepair so that the amount of
Potable Water delivered cannot be ascertained or computed from the reading thereof, then the
Potable Water delivered during the period such meter is out of service or in disrepair shall be
deemed to be the registration of the check meter if one has been installed and is registering
accurately, or, in the event that no check meter has been installed or the check meter is
registering inaccurately, shall be estimated:
i. By correcting the error if the percentage of the error is ascertainable by
calibration tests or mathematical calculations; or
ii. If the error is not ascertainable by calibration tests or mathematical
calculation, by estimating the quantity of delivery by considering deliveries during preceding
periods under similar conditions when the meter or meters were registering accurately. During
any period of such disagreement, the Commission’s estimate of water delivered shall be used for
the purpose of computing payments due under Section 7 of this Contract, and any adjustments
based upon later resolution of such disagreement shall be made by appropriate adjustments to
the City’s future payments pursuant to Section 7.
F. Removal of Metering Stations. At any time after 90 days following the termination
of this Contract without renewal, the Commission, at its own expense and in its discretion, may
remove the metering stations, including equipment, and any SCADA antennas and appurtenant
facilities and release any perpetual easements therefor.
Exhibit A Page 19 of 47
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G. Removal of Transmission Mains. Within 120 days after the termination of this
Contract without renewal, the City, at its own expense, shall remove or abandon in place any City
transmission mains and other equipment and appurtenances owned by the City that are located
on Commission property or within the Commission service area. Any proposal by the City to
abandon in place shall be subject to the prior review and approval by the Commission. The City
shall be solely responsible for completing all restoration work necessary as a result of the removal
of the same.
H. Meters for City Customers. The Commission shall have no responsibility for
ensuring that the City customers have operable water meters meeting the standards of the
American Water Works Association.
I. Right of Inspection. The Commission reserves the right to inspect the property of
the City System Connection Facilities to ensure that the facilities are being operated consistent
with the terms of this Contract, including but not limited to inspections to ensure there are no cross
connections that threaten potential contamination to the Commission Waterworks System and to
ensure that the Commission Waterworks System is otherwise fully in accordance with state and
federal law. If the inspection discloses any code violations or threats to the Commission
Waterworks System, the Commission shall deliver the City a notice at the address listed in Section
20 hereof of the Commission’s intention to shut off the supply of water to the City at the expiration
of 48 hours after giving such notice unless within the 48 hour period the City shall cure said threats
to the Commission Waterworks System. The foregoing notwithstanding, in the event such threats
to the Commission Waterworks System constitute an emergency, the notice required of the
Commission shall be no more than is reasonable under the circumstances.
SECTION 6 UNIT OF MEASUREMENT
The unit of measurement for Potable Water delivered hereunder shall be gallons of water,
U.S. Standard Liquid Measure, and all measuring devices shall be so calibrated unless the
Commission and the City agree otherwise in writing. Should it become necessary or desirable to
Exhibit A Page 20 of 47
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use other units of measurement, the basis of conversion shall be that 7.48 gallons is equivalent
to one cubic foot.
SECTION 7 RATES AND TERMS OF PAYMENT
A. Rate. For the first year of this Contract, the rate to be charged shall be based on
actual monthly usage by the City and shall be a minimum of $1.96/1,000 gallons. This rate is
based on a (1) capital charge based on current capacity which is presently $0. 69/1000 gallons;
(2) operation and maintenance costs of the Commission based upon actual usage which is
presently $1.27/1000 gallons; and (3) costs charged by the City of Evanston for providing water
to the Commission, under the contract between the Commission and the City of Evanston, that
are not included in the operation and maintenance costs charged pursuant to item (2) above
(collectively the “Rate Formula”).
B. Adjustments to Rate. Rates will be examined by the Commission and shall be
subject to annual adjustment by the Commission pursuant to the Rate Formula set forth above.
C. Reserved.
D. Reserved.
E. Bills and Due Date. The Commission shall bill the City monthly based upon actual
monthly usage as delivered by the Commission pursuant to this Contract.
F. Disputed Payments. If the City desires to dispute any payment, or part thereof, due
or claimed to be due under this Contract, the City shall nevertheless pay the full amount of any
such payment when claimed by the Commission to be due and shall provide written notification
to the Commission that charges are disputed, the grounds for dispute, and the amount in dispute,
not later than the due date of such payment. No adjustment or relief on account of any disputed
charges shall be made unless disputed charges are the subject of such notice within the time
herein specified, or within a reasonable period from the time the City knew or should have known
of the facts giving rise to the dispute. It is expressly understood and agreed that no dispute over
payments due or claimed to be due under this Contract shall be referred to arbitration for review
Exhibit A Page 21 of 47
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or settlement. Upon receipt of a notification of dispute, representatives of the Commission shall
meet with representatives of the City to resolve such dispute. In the event the dispute is resolved
in favor of the City, a credit will be made on the next bill of the City.
G. Overdue Payments. If the City shall fail to make any payment required under this
Contract on or before its due date, and after notice and an opportunity to cure as set forth herein
has been exhausted, the Commission shall have the right to exercise any or all of the following
three remedies:
i. Interest. The Commission, at is option and in its discretion, may collect
from the City, and the City shall pay to the Commission, interest on the amount of such payment,
at the maximum legal rate payable, not to exceed the higher of:
a. the highest coupon rate of interest payable on all series of
Commission Revenue Bonds any of which are then outstanding, plus 2%; or
b. 110% of the prime rate of interest from time to time established by
the largest commercial bank, measured in terms of total assets, located and doing banking
business in the State of Illinois. Such interest shall accrue and shall be compounded on a monthly
basis from the date such payment becomes due until paid in full with interest as herein specified.
ii. Reduction or Discontinuance of Delivery. If such payment is not made by
the City within 30 days after the date such payment becomes due, then the Commission, at its
option and in its discretion, and whether or not such payment is disputed, may reduce or
discontinue delivery of Potable Water to the City Waterworks System until the amount due to the
Commission is paid in full with interest as herein specified. The Commission shall give notice to
the City not less than 10 business days prior to the event of its intention to reduce or discontinue
delivery of Potable Water in accordance with this Subsection and shall provide the City an
opportunity for a hearing prior to any reduction or discontinuance. If the Commission reduces or
discontinues the delivery of water under such circumstances, the City shall continue to be liable
to make all payments hereunder for any water used.
Exhibit A Page 22 of 47
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iii. Security Deposit.
a. Purpose. If the City is at any time in default on any payment due
under this Contract and the default is not cured within 60 days after the due date of the defaulted
payment, then the Commission, at its option and in its discretion, may require City, as a further
obligation under this Contract, to deposit in a separate interest bearing account in the
Commission’s name, with authorized signatories as designated by the Commission’s Executive
Director, a sum of money in a reasonable amount determined by the Commission, as security for
the payment of the City’s obligations hereunder. The City’s compliance with the Commission’s
demand for such a security deposit shall be a condition precedent to the curing of such City’s
default and the restoration of the Potable Water service to the City Waterworks System, if such
Potable Water service has been reduced or discontinued by reason of such default.
b. Use; Restoration. The security deposit or any part thereof may be
applied, at the Commission’s option and in its discretion, to any subsequent default by the City in
any payments due under this Contract. If so applied, the City shall provide funds immediately to
restore the security deposit to the amount required by the Commission.
c. Return. At the earliest of the end of the term of this Contract, or a
term of two years after the curing of the most recent default by the City, or such earlier time that
the Commission at its option and in its discretion may determine, any security deposit with all
accrued interest shall be returned to the City if the City has performed all its obligations under this
Contract.
H. Beginning of Obligation to Pay. Notwithstanding any other provision of this
Contract, the City’s obligation to make any and all payments under this Contract shall begin with
the issuance by the Commission of the first bill issued after the first delivery of water to the City
Waterworks System or any portion thereof. This obligation includes, but it not limited to, any water
used to test or prepare the City Waterworks System.
Exhibit A Page 23 of 47
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I. Rate Agreed to be Reasonable. The City agrees that it has had an opportunity to
conduct its own studies and evaluation of the rates to be charged under this Contract. The City
recognizes and acknowledges that as a Customer it has not incurred the same risks nor
undertaken the same financial obligations with regard to the Commission Waterworks System as
the Member Municipalities. The City further unconditionally agrees that the rates in this Contract
are reasonable and non-discriminatory and hereby expressly waives any and all claims
challenging the rates in any way.
J. Commission Charges and Rates Covenant. The Commission hereby covenants to
establish such charges and rates for water supplied to the City as will be sufficient at all times (1)
to pay the costs of operation and maintenance of the Commission Waterworks System; (2) to
provide an adequate depreciation fund for the Commission Waterworks System as determined
by the Commission on the basis of its statutory duties and its obligations under the Bonds and
ordinance or ordinances authorizing the issuance of the Bonds; (3) to pay the principal of, at
maturity or pursuant to mandatory redemption requirements, premium, if any, and interest on the
Bonds; (4) to comply with the covenants of the ordinance or ordinances authorizing the issuance
of the Bonds; and (5) to carry out its corporate purposes and powers.
For purposes of this paragraph J, a “sufficient” amount shall mean an amount adequate,
when taken together with any and all other amounts available, in the sole discretion of the
Commission, to enable the Commission to meet its obligations and responsibilities as they come
due, including without limitation the making of all deposits required to be made under the
ordinance or ordinances authorizing the issuances of the Bonds and for maintenance of a reserve
fund.
K. City Charges and Rates Covenant. City hereby covenants to establish such
charges and rates for water supplied by the City to consumers as will be sufficient at all times (1)
to pay the costs of operation and maintenance of the City Waterworks System, (2) to provide an
adequate depreciation fund therefor, (3) to pay the principal of and interest on all revenue bonds
Exhibit A Page 24 of 47
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of the City payable from the revenues of the City Waterworks System, (4) to pay the charges and
rates established by the Commission for the sale of water by the Commission to the City. The
City agrees to approve initial rates sufficient to satisfy this rate covenant not later than 30 days
after execution of this Contract and shall file its rate ordinances with the Commission upon
adoption.
L. Character of Payment Obligations as Water Revenue Obligations. This Contract
shall not be construed to constitute an indebtedness of the City within the meaning of any
statutory or constitutional limitation. It is expressly understood and agreed that all payments to be
made hereunder by the City may be required to be made only from revenues to be derived from
the operation of its City Waterworks System, and this Contract shall be a continuing, valid and
binding obligation of the City payable from such revenues throughout the term hereof. Without in
any manner limiting the foregoing provisions of this paragraph L, it is also expressly understood
and agreed that the aforesaid revenues from the operation of the said City Waterworks System
shall remain available for payments due or claimed to be due under this Contract without regard
to any designation of such revenues by the City from time to time as operating revenue, retained
earnings, reserves, surplus or otherwise. Nothing in this Paragraph L or this Contract shall,
however, prohibit any City from using any other legally available funds for payments due
hereunder.
M. Character of Payment Obligations as Operating Expenses. Inasmuch as obtaining
water is an essential item of expense of a waterworks system, City hereby represents and
covenants that all payments required to be made by it pursuant to the provisions of this Contract
shall constitute operating expenses of its City Waterworks System and that such payments will
constitute operation expenses as to any and all revenue bonds of that City which are supported
in whole or in part by a pledge of the revenues of its City Waterworks System, with the effect that
such City’s obligation to make payment from its water revenues under this Contract has priority
over its obligation to make payments of the principal of any interest on any such bonds which are
Exhibit A Page 25 of 47
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or will be supported in whole or in part by a pledge of that City’s Waterworks System revenues.
Consistent with this paragraph M, City hereby covenants and agrees that from and after the date
of this Contract, any ordinance or resolution to be passed by it authorizing the issuance of City
obligations to be paid from the revenues of its City Waterworks System shall expressly provide
that the revenues of the City Waterworks System may be used to pay the principal of and interest
on such obligations only to the extent that those revenues exceed amounts require to pay the
operating expenses of the City Waterworks System, including all payments to be made by it under
this Contract regardless of whether water is being delivered or is ever delivered to the City
hereunder. Without in any manner limiting the foregoing provisions of this paragraph M, it is also
expressly understood and agreed that the obligation of the City under this Contract shall be
enforceable against and collectable from any monies from time to time available in any of the
various accounts and funds, including reserve and surplus accounts, maintained by the City in
connection with the City Waterworks System.
SECTION 8 SPECIAL CONDITIONS AND COVENANTS
A. No Liability for Delay. The City acknowledges and agrees that the Commission
shall not be liable to the City nor any of the City’s customers for any damages occasioned by or
in any way related to delay or failure in the delivery of Potable Water to the City Waterworks
System, except if the Commission willfully delays or discontinues water service in breach of this
Contract.
B. Title to Potable Water. Title to all Potable Water supplied hereunder shall remain
in the Commission to the Point of Delivery and thereupon shall pass to the City.
C. Other Supply; Emergency Supply. The City must, during the term of this Contract,
maintain a contract with another unit of local government or any other entity for purchase of
Potable Water to meet its full water requirements, not including water supplied by the
Commission. The City shall install meters, on any system providing additional water supply, which
would allow the Commission to monitor the amount of water provided to the City on a daily basis.
Exhibit A Page 26 of 47
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D. Covenants to Be Set Out in Bond Ordinances. The City acknowledges and agrees
future Bond Ordinances may grant to bondholders certain rights and duties of the Commission,
and that such bondholder rights may be included in any subsequent Bond Ordinances.
E. Other Financial Obligations of City Waterworks System.
i. Payment Obligations. The City shall make all budgetary, emergency, and
other provisions and appropriations necessary to provide for and authorize the prompt payment
to the Commission of all amounts under this Contract.
ii. Future City Debt. In any revenue bond, indenture, or other evidence of
indebtedness hereafter issued by the City, the obligation for payment established pursuant to this
Contract shall be expressly provided and set forth in the ordinances or resolutions providing for
the issuance of such bonds, indentures, or other evidence of indebtedness.
F. Maintenance of City’s Existence. The City’s corporate authorities agree that,
during the term of this Contract, the City will maintain its existence as a municipal corporation, it
will continue to be a municipal corporation in good standing in the State of Illinois, it will not
voluntarily dissolve or otherwise dispose of all or substantially all of its assets, and, unless the
City shall be the surviving entity, it will not consolidate with or merge into any other legal entity or
permit any other legal entity to consolidate with or merge into it; provided, however, that the City
may consolidate with or merge into another legal entity, or permit one or more legal entities to
consolidate with or merge into it, or sell or otherwise transfer to another legal entity all or
substantially all of its assets as an entirety and thereafter dissolve, if, but only if, the City first
provides the Commission with (1) a transferee assumption agreement, in form and substance
conforming with Exhibit D attached, in which the new entity agrees to accept all the rights, duties,
and obligations of the City under this Contract; (2) evidence that the surviving, resulting, or
transferee legal entity, as the case may be, is a legal entity organized and existing under the laws
of one of the states of the United States of America or the District of Columbia, is qualified to do
business in the State of Illinois, and has a consolidated net worth immediately subsequent to such
Exhibit A Page 27 of 47
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acquisition, consolidation, or merger at least equal to that of the City immediately prior to such
acquisition, consolidate, or merger; (3) evidence that such consolidation, merger, sale, or transfer
will not affect the tax exempt status of the interest on any Bonds of the Commission; and (4)
certificates from the chief financial officer and the general counsel of the City that in the opinion
of each such officer none of the covenants, agreements, or obligations contained in this Contract
will be violated as a result of such consolidation, merger, sale, or transfer.
G. City Jurisdiction. The City shall not serve any customers outside of its Municipal
boundaries, except as provided in Subsection 3G of this Contract and as listed in Exhibit C or
with the express prior written agreement of the Commission.
H. Maintenance and Operation of City Waterworks System. The City shall own and
maintain the City Waterworks System, and all improvements and extensions of said System, in
good repair and working order, shall operate said System efficiently, shall take all steps
reasonably necessary so that said System may at all times be operated properly and
advantageously, and shall punctually perform all duties with respect to said System as may be
required by this Contract, and by the Constitution and laws of the United States of America and
the State of Illinois and all other applicable laws. In addition, City shall carry insurance or other
risk management protection on its City Waterworks System of the kinds and in the amounts which
are customarily carried by parties operating similar facilities.
I. City Regulations Equivalent to Member Municipality Regulations. The City shall
enact regulatory measures regarding the supply and use of Potable Water within the City,
including, without limitation, lawn sprinkling, that are at least as restrictive as the strictest among
those adopted by the Commission or the Member Municipalities.
J. Accounting and Audit. The City shall, within six months after the close of each of
its fiscal years occurring during the term of this Contract, provide to the Commission complete
annual audited financial statements of the City, which may be on a consolidated basis, duly
certified by the City’s independent certified public accountants. In addition, no later than October
Exhibit A Page 28 of 47
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31 of each calendar year, the City shall provide the Commission with a full accounting of water
use and source of supply for the prior 12-month period.
K. Maintain Ownership of City Waterworks System. Subject to the proper exercise by
a governmental authority of its powers of eminent domain including its power to acquire property
in lieu of obtaining judgment in an eminent domain action, the City shall continue to own and
possess the City Waterworks System and, within the exercise of reasonable business judgment
and in a manner so as not to cause a default hereunder, shall dispose of property which is part
of said System only to the extent that such property is no longer useful or profitable in the
operations of said System and with approval of the Commission, which approval shall not be
unreasonably withheld.
L. No Sale of Water System. The City shall not sell or otherwise convey the City
Waterworks System or any portion thereof, or enter into an agreement for the sale of the City
Waterworks System or any portion thereof, unless such sale or conveyance is to the Commission,
or an entity approved by the Commission, in its sole discretion.
M. Release and Indemnification. The City hereby releases the Commission and the
Member Municipalities from, agrees that the Commission and Member Municipalities shall not be
liable for, and agrees to indemnify and hold the Commission harmless from: (1) any liabilities for
any loss or damage to property or any injury to, or death of, any third party that may be occasioned
by or related to any cause whatsoever pertaining to the provision of water under this Contract,
construction, installation, removal, relocation, replacement, extension, improvement,
maintenance, or operation of the City Waterworks System or to the Connection Facilities or (2)
any liabilities, losses, or damages, or claims therefor, arising out of the failure, or claimed failure,
of the City to comply with its covenants or obligations contained in this Contract, including, in each
such case, any attorneys’ fees (all of the matters in phrases (1) and (2) being referred to
individually as a “Claim” and collectively as the “Claims”). The City agrees to indemnify and hold
the Commission, the Commissioners and Member Municipalities individually harmless to the
Exhibit A Page 29 of 47
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fullest extent permitted by law from any losses, costs, charges, expenses (including attorneys’
fees), judgments, and liabilities incurred by the Commission, the Commissioners, or Member
Municipalities in connection with any Claim or action, suit, or proceeding instituted or threatened
by any third party in connection with any Claim. If any Claim is asserted, the Commission, the
Commissioners, or Member Municipalities shall give prompt notice to the City, and the City, if
requested by the Commission, the Commissioners, or Member Municipalities, shall assume the
defense thereof, it being understood, however, that the City shall not settle or consent to the
settlement of any such claim without the written consent of the Commission, the Commissioners,
or Member Municipalities and that the Commission shall be entitled to choose the counsel for any
such defense. This paragraph shall in no way be construed to be nor shall it be a waiver of any
immunity that the Commission, the Commissioners, or Member Municipalities and/or City may
assert to any Claim.
N. Assignment of Litigation. The City shall promptly notify the Commission of any
litigation or administrative or other proceeding concerning this Contract or which may in any way
limit any Party’s ability to perform any of the obligations of this Contract. Upon request of the
Commission, the City shall promptly assign to the Commission the right to prosecute, defend or
intervene in any litigation or administrative or other proceeding, to which the City is a party or in
which the City is involved, that involves or arises out of the limitation of the Party’s obligation as
set forth in this Contract. Upon assignment, the Commission shall be responsible for all costs and
expenses of the litigation or administrative or other proceeding.
O. Rate of Withdrawal. The City will take Potable Water at the most uniform and
continuous rate of withdrawal practicable.
P. Status as Customer. The City recognizes that it is a customer and not a member
of the Commission. The City understands and agrees that it has no claim or right to become a
member, and no claim that the City should be granted Member Municipality status due to the
terms of this Contract and no claim to any assets of the Commission or the Member Municipalities.
Exhibit A Page 30 of 47
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Notwithstanding any other provision of this Contract, in the event that the statutory threshold for
becoming a member of the Commission is amended to be less restrictive than the current
requirements, as of the Effective Date found in 65 ILCS 5/11-135-1, et. seq. then the Commission
and the City, prior to the effective date of those less restrictive State amendments, will confer in
good faith on amendments to this Contract to avoid any right in the City to be a member of the
Commission and any obligation of the Commission to confer membership status on the City, and,
in the absence of agreement on amendments, after reasonable negotiations, prior to the effective
date of the State amendments, then the Commission shall have the right to terminate this
Contract.
SECTION 9 SCHEDULE FOR COMPLETION OF VARIOUS FACILITIES
A. Plans and Specifications for City System Connection Facilities and Commission
Connection Facilities. The City shall prepare, and submit to the Commission for its review and
approval, complete detailed plans, specifications, and construction contract documents
(collectively the “Construction Documents”) for the City to construct the City System Connection
Facilities and the Commission Connection Facilities. The Commission shall provide its comments
and revisions on the Construction Documents to the City within 45 days after receipt of those
documents. The City shall make all required changes to the Construction Documents necessary
to ensure compliance with this Contract.
B. IEPA and Other Approvals For City System Connection Facilities and Commission
Connection Facilities. The City shall, within 40 days after receipt of Commission’s comments and
revisions pursuant to Subsection 9A above, submit the final Construction Documents for approval
and permitting to the Illinois Environmental Protection Agency (the “IEPA”) and each other federal,
state, or local governmental body having jurisdiction over the City System Connection Facilities
and Commission Connection Facilities, and shall diligently pursue each such approval and permit
until it is secured.
Exhibit A Page 31 of 47
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C. Commencement of Construction of City System Connection Facilities and
Commission Connection Facilities. The City shall cause construction of the City System
Connection Facilities and Commission Connection Facilities to be commenced within 90 days
after the City receives the last approval from any governmental body required as a condition
precedent to construction of the City System Connection Facilities, Metering Stations and
Commission Connection Facilities. The City shall cause construction to be pursued diligently and
continuously until it is completed.
D. Transfer of Property Rights/Payment Covenant/Oversizing.
i. Conveyance of City Easement. The City shall grant to the Commission all
necessary easements for the Commission metering stations and other facilities to be constructed
on City owned or controlled property pursuant to this Contract.
ii. Acquisition of Property. The City shall commence all actions necessary to
acquire all property rights not already owned by it necessary to fulfill the requirements of this
Contract.
iii. Payment Covenant. It is expressly understood and agreed that the City shall
be responsible for the payment of the design and construction of the City System Connection Facilities
and Commission Connection Facilities. It is further agreed that upon completion and approval of the
Commission Connection Facilities, by the Commission, said improvements shall be conveyed to the
Commission, at no cost to the Commission.
iv. Oversizing. In the event that the Commission requires that the City System
Connection Facilities, the Commission Connection Facilities, or any other element of the City’s
work on an element of the Commission Waterworks System be oversized, said cost of oversizing
will be reimbursed to the City through a reduction in the cost of water provided pursuant to this
Contract. The reimbursement will be applied to the City’s bill for water service on a monthly basis
over a one year period or such longer period as necessary to fully reimburse the cost of oversizing
to the City.
Exhibit A Page 32 of 47
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SECTION 10 ASSIGNABILITY
A. Assignment by City. The City shall not assign or transfer this Contract or any rights
or interests herein without the advance written consent of the Commission.
B. Assignment by the Commission. The right to receive all payments that are required
to be made by the City to the Commission in accordance with the provisions of this Contract may
be assigned by the Commission to any Trustee as provided in any Bond Ordinance to secure the
payment of the principal of and the premium, if any, and interest on the Bonds as those amounts
come due, subject to the application of those payments as may be provided in any Bond
Ordinance. The City, upon notice of assignment to any such Trustee, shall make all payments
directly to such Trustee. Further, the rights of the Commission to enforce the provisions of this
Contract may be assigned to any such Trustee and, in such event, such Trustee shall have the
right to enforce this Contract at law or in equity with or without the further consent or participation
of the Commission. The Commission also may retain the right to enforce this Contract.
SECTION 11 FORCE MAJEURE
If by reason, of Force Majeure, either Party to this Contract shall be rendered unable
wholly or in part to carry out its obligation under this Contract, then if such Party shall give notice
and full particulars of such Force Majeure in writing to the other Party within a reasonable time
after occurrence of the event or cause relied on, the obligation of the Party giving such notice, so
far as it is affected by such Force Majeure, shall be suspended during the continuance of the
inability then claimed, but for no longer period, and any such Party shall endeavor to remove or
overcome such inability with all reasonable dispatch. The settlement of strikes and lockouts shall
be entirely within the discretion of the Party having the difficulty and the above requirement that
any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement
of strikes and lockouts by acceding to the demands of the opposing Party or Parties when such
settlement is unfavorable to it in the judgment of the Party having the difficulty.
Exhibit A Page 33 of 47
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SECTION 12 COMMISSION DEFAULTS, CITY TERMINATION
Failure by the Commission to deliver Potable Water to the City as required by this Contract
for a period of seven days after written notice from the City to the Commission of such failure, or
a failure of the Commission to perform any other obligation under this Contract for a period of 60
days after written notice from the City to the Commission of such failure, shall be a default of the
Commission under this Contract, unless any such failure is excused or exercised pursuant to this
Contract. If the Commission defaults under this Contract, then the City may, as its sole and
exclusive remedy, declare this Contract null and void after giving the required notice set forth
above.
SECTION 13 CITY RIGHTS AND OBLIGATIONS
The City shall have: (1) no right to terminate, cancel, or rescind this Contract, except for
the right of termination in the event the Commission is unable to provide water to the City for a
period of thirty (30) days after the commencement of water service; (2) no right to withhold from
the Commission or any Trustee who is an assignee of the Commission pursuant to this Contract
payments due under this Contract; (3) no right to recover from the Commission or any such
Commissioner amounts previously paid under this Contract unless paid in error or contrary to the
provisions of this Contract or law; (4) no right of reduction or set-off against the amounts due or
to become due under this Contract to the Commission; and (5) no lien on any amounts in any
fund established by the Commission for any reason or on account of the existence or occurrence
of any event, condition, or contingency, whether foreseen or unforeseen or foreseeable or
unforeseeable by the City or the Commission or any other person. It is the intent hereof that the
City shall be absolutely and unconditionally obligated to make all payments under this Contract
except as otherwise expressly provided in this Contract. The Commission may issue its Bonds in
specific reliance on the limitations set forth in this Section with respect to the rights of the City.
Exhibit A Page 34 of 47
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SECTION 14 TAX COVENANTS
At no time shall the City permit use of the City Waterworks System, as a result of (1)
ownership, (2) actual or beneficial use pursuant to a lease or a management, service, incentive
payment or output contract, or (3) any other similar arrangement, agreement or understanding,
whether written or oral, so that such use would prevent the Commission from issuing Bonds as
“governmental use” bonds within the meaning of Section 141 of the Internal Revenue Code of
1986. Furthermore, the City shall not take any action, or omit to take any action lawful and within
its power to take, which action or omission would cause interest on any of the Commission’s
Bonds to become subject to federal income taxes in addition to federal income taxes to which
interest on such Bond is subject on the date of original issuance thereof. Additionally, the City
shall use its best efforts to ensure that none of its debt obligations, including, without limitation,
the City Bonds, ever become “private activity bonds” within the meaning of Section 141 of the
Internal Revenue Code of 1986.
SECTION 15 COOPERATION IN ISSUANCE OF OBLIGATIONS
The City and the Commission shall cooperate with each other in the issuance of their
respective debt obligations. Each shall comply with all reasonable requests of the other and shall,
upon reasonable request of the other:
A. Make available general and financial information about itself; and
B. Consent to publication and distribution of its financial information; and
C. Certify that general and financial information about it is accurate, does not contain
an untrue statement of a material fact, and does not omit to state a material fact necessary in
order to make the statements in that information, in light of the circumstances under which they
were made, not misleading; and
D. Make available certified copies of official proceedings; and
E. Provide reasonable certifications to be used in a transcript of closing documents;
and
Exhibit A Page 35 of 47
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F. Provide and pay for reasonably requested opinions of counsel of its choice as to
the validity of its actions taken with respect to and the binding effect of this Contract, title to the
applicable system, pending or threatened litigation which could materially affect its performance
hereunder, and other reasonably related opinions. The first such opinion that is requested by each
Party shall be at opposite Party’s sole cost and expense. Subsequent opinions shall be at the
sole cost and expense of the requesting Party.
The provisions of Subsection A of this Section shall be deemed satisfied by delivery of a
complete set of the annual audited financial statements for the most recently completed fiscal
year, duly certified by independent certified public accountants.
SECTION 16 REGULATORY BODIES
The Commission and the City through this Contract seek to exercise and maintain all
sovereign rights granted to them under and through the Constitution and laws of the State of
Illinois. This Contract shall be subject to all valid rules, regulations, and laws applicable hereto
passed or promulgated by the United States of America, the State of Illinois, any governmental
body or agency having lawful jurisdiction, and any authorized representative or agent of any of
them; provided, however, that this clause shall not be construed as waiving the right of either
Party to challenge the validity of such rule, regulation, or law on any basis, including the
impairment of this Contract.
SECTION 17 OTHER WATER SUPPLIERS
Notwithstanding any of the provisions of this Contract, the Commission is not prohibited
by this Contract from entering into cooperative arrangements with other suppliers or users of
Potable Water to provide Potable Water to each other to meet each other’s water needs, provided
that these arrangements do not interfere, except in emergencies, with the delivery of Potable
Water to the City Waterworks System.
Exhibit A Page 36 of 47
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SECTION 18 EFFECTIVE DATE: TERM
A. Effective Date. This Contract shall be effective immediately after authorization and
execution by both Parties hereto.
B. Term. This Contract shall continue in force and effect for a period of that is
coterminous with the term of the First Amended Water Supply Contract between the Northwest
Water Commission and the Village of Arlington Heights, the Village of Buffalo Grove, the Village
of Palatine and the Village of Wheeling, dated April 4, 1983 and any subsequent amendments
thereto. Provided however, that the term of this Contract shall not exceed 20 years in total from
the Effective Date at which time this Contract and the Commission’s obligations to provide water
shall terminate, unless otherwise terminated earlier pursuant to the terms of this Contract.
Notwithstanding any other provision contained in this Contract, any right of the City to receive
water from the Commission shall automatically terminate upon the termination of the Agreement
between the Commission and the Member Municipalities.
SECTION 19 TERMINATION BY COMMISSION
A. Notwithstanding any other provision of this Contract, upon the occurrence of any
of the following events, the Commission, in its sole discretion, may terminate this Contract as
provided in this Section 19 for the following reasons:
i. If the City fails to make any payment required under this Contract on or
before its due date and fails to cure that failure within the five business days after demand therefor
from the Commission; or
ii. Termination of the Commission; or
iii. Immediate threat of damage to the Commission Waterworks System or of
danger to public health, unless the Commission, with the assistance of the City as appropriate,
can reasonably and promptly mitigate the threat of damage or danger by engineering, operational,
or other means short of termination of this Contract; or
iv. The Commission’s inability to receive water from the City of Evanston.
Exhibit A Page 37 of 47
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B. If, within the first ten (10) years following May 2, 2016, the Commission terminates
the Contract for any reason other than the reasons enumerated in Section A above or through
the expiration of this Contract, the Commission shall reimburse the City for its costs in developing
and constructing the City System Connection Facilities in the amounts as follows:
Termination Period
Reimbursement Rate
Prior to that date which is one (1) year after
the Delivery Date
100%
After that date which is one (1) year after the
Delivery Date but prior to that date which is
two (2) years after the Delivery Date
90%
After that date which is two (2) year after the
Delivery Date but prior to that date which is
three (3) years after the Delivery Date
80%
After that date which is three (3) year after the
Delivery Date but prior to that date which is
four (4) years after the Delivery Date
70%
After that date which is four (4) year after the
Delivery Date but prior to that date which is
five (5) years after the Delivery Date
60%
After that date which is five (5) year after the
Delivery Date but prior to that date which is six
(6) years after the Delivery Date
50%
After that date which is six (6) year after the
Delivery Date but prior to that date which is
seven (7) years after the Delivery Date
40%
After that date which is seven (7) year after the
Delivery Date but prior to that date which is
eight (8) years after the Delivery Date
30%
After that date which is eight (8) year after the
Delivery Date but prior to that date which is
nine (9) years after the Delivery Date
20%
After that date which is nine (9) year after the
Delivery Date but prior to that date which is ten
(10) years after the Delivery Date
10%
After that date which is ten (10) year after the
Delivery Date
0%
Exhibit A Page 38 of 47
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SECTION 20 GENERAL
A. Governing Law. This Contract and the rights of the Parties hereunder shall be
interpreted and enforced in accordance with the internal laws, but not the conflicts of laws rules,
of the State of Illinois.
B. Notices. Unless expressly provided otherwise herein, all notices and other
communications in connection with this Contract shall be in writing, and shall be deemed
delivered to the addressee thereof when delivered in person at the address set forth below, or
three business days after deposit thereof in any main or branch United States post office,
overnight express delivery, or mailed by United States registered mail or certified mail, postage
prepaid, properly addressed to the Parties, respectively, as follows:
For notices and communications to the Commission:
Northwest Water Commission
1525 N Wolf Road
Des Plaines, IL 60016-1181
Attention: Executive Director
For notices and communications to City:
City of Des Plaines
1420 Miner Street
Des Plaines, IL 60016
Attention: City Manager
By notice complying with the foregoing requirements of this Subsection, each Party shall
have the right to change the address or addressee, or both, for all future notices and
communications to such Party, but no notice of a change of address shall be effective until
actually received.
C. Calendar Days and Time. Any reference herein to “day” or “days” shall mean
calendar and not business days unless the word “business” is used. If the date for giving of any
notice required to be given hereunder or the performance of any obligation hereunder falls on a
Saturday, Sunday or federal holiday, then said notice or obligation may be given or performed on
Exhibit A Page 39 of 47
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the next business day after such Saturday, Sunday or federal holiday. Any reference herein to
time of day shall refer to local time for Des Plaines, Illinois.
D. Entire Agreement. This Contract, including the exhibits hereto, contains the entire
agreement between the Parties hereto with respect to the transactions contemplated by this
Contract and matters related thereto, and does hereby supersede and render null and void and
of no further force or effect any and all prior agreements, drafts of agreements and
understandings between the Parties.
E. Amendments. This Contract may not be modified or amended except by a written
instrument executed by each of the Parties hereto. No such modification or amendment shall
materially impair or adversely affect the ability or obligation of the City to make payments to the
Commission to meet the Commission’s obligations under the Bond Ordinances.
F. Further Action. Each of the Parties hereto agree from time to time to execute and
deliver such further instruments, and to take such further action not inconsistent with the
provisions of this Contract, as may reasonably be necessary in order to fully perform and carry
out the terms and intent hereof.
G. Captions. The headings, titles or captions contained in this Contract have been
inserted only as a matter of convenience and for reference, and such captions in no way define,
limit, extend or describe the scope of this Contract or the intent of any provision hereof.
H. Exhibits. Exhibits A through D attached hereto are, by this reference, incorporated
herein. In case of any conflict between an Exhibit to the Contract and the text of this Contract, the
text of this Contract shall control. The Parties recognize that Exhibit B is not in final form as of the
date of execution of this Contract. When that Exhibit B is in final and approved by both Parties, it
shall be deemed to be incorporated into this Contract.
I. Changes in Laws. Unless otherwise explicitly provided in this Contract, any
reference to laws, ordinances, rules, or regulations shall include such laws, ordinances, rules, or
regulations as they may be amended or modified from time to time hereafter.
Exhibit A Page 40 of 47
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J. Time is of the Essence. Time is of the essence in the performance of all terms and
provisions of this Contract.
K. Pending Lawsuits. There are no agreements in effect and no lawsuits pending or,
to the best of either Parties’ knowledge, threatened, that would materially and adversely affect
the ability of either Party to fulfill the terms of this Contract.
L. Responsible Party. The City shall notify and keep the Commission informed of a
telephone number or numbers at which a responsible individual with knowledge of water
operations for the City can be reached at all times to an emergency. Initially, the City designates
the following telephone number and names: Telephone: (847) 391-5464; Names: Tim Oakley,
Director of Public Works and Engineering and Tim Watkins, Assistant Director of Public Works
and Engineering.
M. Commission Exemptions. The City recognizes the Commission is a municipal
corporation. Accordingly, the Parties agree that the Commission shall be exempt from the zoning
and permitting authority of the City, but only for facilities and equipment directly related to the
functions of the Commission. Further, for any project performed in furtherance of this Contract,
the Commission shall not be charged any fees or costs.
N. Severability. In the event any part or portion of this Contract, or any provision,
clause, wording or designation contained within this Contract, is held to be invalid by a court of
competent jurisdiction, such part, portion, provision, clause, wording or designation shall be
deemed to be excised from this Contract and the invalidity thereof shall not affect the remainder
of this Contract.
O. Reimbursement of Professional Fees/Costs. The City agrees to reimburse the
Commission for all legal, engineering and other professional fees incurred by the Commission
related to the design, review and approval of all facilities necessary to provide the City with water
pursuant to this Contract. The Parties shall confer regularly to estimate fees, to review fees that
Exhibit A Page 41 of 47
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have been incurred and to consider what fees are estimated still to be incurred, and the
Commission will take all reasonable and appropriate steps to avoid excessive fees.
IN WITNESS WHEREOF, the Parties hereto have caused their respective corporate
names to be subscribed hereto and their respective corporate seals to be affixed hereto and
attested by their duly authorized officers, all on the date first shown above.
[The remainder of this page left intentionally blank.]
Exhibit A Page 42 of 47
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NORTHWEST WATER COMMISSION, a water commission and unit of local government duly
constituted under the laws of the State of Illinois
By:
Name: _____________________________
Title: _____________________________
ATTEST:
By: _____________________________
Clerk
CITY OF DES PLAINES, an Illinois municipal corporation
By: _____________________________
Name: Matthew Bogusz
Title: Mayor
ATTEST:
By: ____________________________
Clerk Gloria Ludwig, City Clerk
Exhibit A Page 43 of 47
LIST OF EXHIBITS
Exhibit A: City Waterworks System
Exhibit B: Final Plan for the Commission Connection Facilities, City System Connection
Facilities, and the Point of Delivery
Exhibit C: City’s Pre-Existing Extraterritorial Customers
Exhibit D: Form of Transferee Assumption Agreement
Exhibit A Page 44 of 47
EXHIBIT A
WATER UTILITY MAP
City of Des Plaines
Exhibit A Page 45 of 47
EXHIBIT B
FINAL PLAN FOR THE
COMMISSION CONNECTION FACILITIES,
CITY CONNECTION FACILITIES, AND THE POINT OF DELIVERY
[SUBJECT TO REVISION WITH APPROVAL OF BOTH PARTIES]
Exhibit A Page 46 of 47
EXHIBIT C
CITY’S PRE-EXISTING EXTRATERRITORIAL CUSTOMERS
101 Gregory Street, Des Plaines
103 Gregory Street, Des Plaines
123 Gregory Street, Des Plaines
202 N. Graylynn Drive, Mount Prospect
2434 Church Street, Des Plaines
12521 W. Touhy Avenue, Des Plaines
Exhibit A Page 47 of 47
PUBLIC WORKS AND
ENGINEERING DEPARTMENT
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5390
desplaines.org
Date: November 17, 2020
To: Michael G. Bartholomew, MCP, LEED-AP, City Manager
From: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering
Subject: ComEd Claim Settlement, Orchard Place Improvements
Issue: In connection with the water main construction of the Orchard Place Improvements, we incurred
damages on November 15, 2016 as a result of ComEd not properly locating their utilities. We are proposing
to settle the claim.
Analysis: The Orchard Place Improvements included the reconstruction of Orchard Place, including
construction of a new bridge, storm sewers, and the extension of a water main to serve the redevelopment at
the northeast corner of Mannheim Road and Higgins Road.
The water main construction included a 12” main along Orchard Place and connection to an existing main
along Higgins Road to the south and connection to a dead-end main behind 1700 Higgins Road to the
northeast. The latter connection required auger-boring the 12” water main in a 24” steel casing under the
Canadian National Railroad and various existing utilities along the railroad right-of-way.
During boring operations on November 15, 2016, it was discovered that one of three ComEd ducts was not
field located properly and resulted in a conflict with the proposed water main alignment. This caused the
abandonment of 40’ of steel casing pipe and forced the construction of new boring pits on each side of the
railroad right-of-way in order to construct the new water main.
We filed a claim with ComEd for $130,486.26. ComEd initially offered to settle for $65,243.13. We then
held firm at $130,486.26. ComEd later counter offered with $76,000. We responded that we would not
consider an offer less than $100,000. ComEd then prepared the attached general release in the amount of
$100,000.
Recommendation: We recommend approval of the general release agreement with ComEd in the amount of
$100,000.
Attachments:
Resolution R-196-20
Exhibit A – General Release
MEMORANDUM
Page 1 of 4
CONSENT AGENDA #4.
1
CITY OF DES PLAINES
RESOLUTION R - 196 - 20
A RESOLUTION APPROVING AND AUTHORIZING THE
EXECUTION OF A GENERAL RELEASE AGREEMENT
BETWEEN THE CITY OF DES PLAINES AND
COMMONWEALTH EDISON 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, on November 15, 2016, the City incurred damages in connection with the
water main construction portion of the Orchard Place Improvements Project that was alleged to
have resulted from Commonwealth Edison Company ("ComEd") not properly locating their
utilities at or near 1700 Higgins Road (“Claim”); and
WHEREAS, the City and Commonwealth Edison Company have reached an agreement
to resolve the Claim ("General Release"); and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into the General Release with ComEd;
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 GENERAL RELEASE. The City Council hereby
approves the General Release 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 GENERAL RELEASE. The City
Council hereby authorizes and directs the City Manager to execute, on behalf of the City, the
final General Release.
SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect
from and after its passage and approval according to law.
[SIGNATURE PAGE FOLLOWS]
Page 2 of 4
2
PASSED this _____ day of ____________, 2020.
APPROVED this _____ day of _____________, 2020.
VOTE: AYES _____ NAYS _____ ABSENT _____
MAYOR
ATTEST: Approved as to form:
CITY CLERK Peter M. Friedman, General Counsel
DP-Resolution Approving General Release Agreement with ComEd Orchard Place Improvements
Page 3 of 4
ComEd PD Claim Number: GCED2016376193
GENERAL RELEASE
FOR AND IN CONSIDERATION OF THE SOLE SUM OF One Hundred Thousand Dollars and Zero
Cents ($100,000.00), in hand paid within execution and return of this General Release form, representing the
aggregate of all sewer and water installation infrastructure, design and engineering costs, material, labor, and
other bills, lost wages, lost revenue and lost time, other personal property damages belonging to the City of Des
Plaines, as well as the costs and expenses of recovery, THE CITY OF DES PLAINES, does hereby, for itself
and its successor, assigns, and associated entities, servants and agents, release and forever discharge the
Commonwealth Edison Company, a Corporation, its successors, assigns, and associated entities, servants and
agents, of and from all actions, causes of actions, suits, controversies, claims and demands of whatsoever kind,
at law or in equity, which it now has or may have for damages and associated losses arising out of an incident
that occurred on or about 11/15/2016, at or near 1700 Higgins Rd, in the City of Des Plaines, IL.
THE CITY OF DES PLAINES, FURTHER UNDERSTANDS AND AGREES THAT THIS
SETTLEMENT IS THE COMPROMISE OF A DISPUTED CLAIM AND THAT THE PAYMENT MADE IS
NOT TO BE CONSTRUED AS AN ADMISSION OF LIABILITY ON THE PARTS OF THE PARTY OR
PARTIES HEREBY RELEASED, BY WHOM LIABILITY IS EXPRESSLY DENIED.
The City of Des Plaines, further states affirmatively that it knows of no liens of any kind on the
property damage claims asserted, and that it agrees to indemnify the Commonwealth Edison Company, a
Corporation, for any and all such claims based upon such a lien if presented at any time hereafter.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEALS THIS
DAY OF A.D. 20 .
CITY OF DES PLAINES
By:
Its:
WITNESSES (NOTARY SEAL)
Exhibit A Page 4 of 4
PUBLIC WORKS AND
ENGINEERING DEPARTMENT
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5390
desplaines.org
Date: November 17, 2020
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 and Engineering
Subject: Rand Road Sidepath Project – Railroad Crossing Agreements
Issue: The City was awarded Illinois Transportation Enhancement Program funds to construct the Rand Road
Sidepath project. The path will be located on the south side of Rand Road (Central Rd to Elk Blvd) and will
cross over two sets of railroad tracks. An agreement with each railroad, the Wisconsin Central Railroad and
the Union Pacific Railroad, is required.
Analysis: These agreements will grant the City rights to construct, maintain and repair a new multi-use path
within the railroad right of way at each of these crossings. Each railroad will construct pedestrian gates, lights,
and crossing surfaces at their tracks. The City will be reimbursed these costs through the grant.
The addition of sidewalk/sidepath along the Rand Road corridor is one of the most highly requested facilities
in the City. Under existing conditions, there is no sidewalk on either side along most of the length of the Rand
Road corridor. The project will locally connect residential areas, schools, and businesses. This sidepath is part
of the Northwest Municipal Conference Bike and Pedestrian Network.
Recommendation: We recommend the City enter into two agreements with 1) Wisconsin Central Ltd. and
2)Union Pacific Railroad Company for the construction and maintenance of the Rand Road Sidepath project.
All costs for these agreements will be covered by the Illinois Transportation Enhancement Program grant.
Source of funding will be Grant Funded Projects Fund.
Attachments:
Resolution R-197-20
Exhibit A – Union Pacific Railroad Agreement
Exhibit B – Wisconsin Central Railroad Agreement
MEMORANDUM
Page 1 of 50
CONSENT AGENDA #5.
1
CITY OF DES PLAINES
RESOLUTION R - 197 - 20
A RESOLUTION APPROVING AGREEMENTS WITH THE
WISCONSIN CENTRAL LTD. AND UNION PACIFIC
RAILROADS REGARDING THE CONSTRUCTION OF
THE RAND ROAD SIDEPATH AT-GRADE RAILROAD
CROSSINGS.
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 was awarded Illinois Transportation Enhancement Program
("ITEP") funds to construct the Rand Road multi-use sidepath (“Multi-Use Path”) to be a part
of the Northwest Municipal Conference Bike and Pedestrian Network, which will be located on
the south side of Rand Road from Central Road to Elk Boulevard ("Project"); and
WHEREAS, as part of the Project, the City will construct a portion of the Multi-Use
Path within railroad rights of way ("Crossing Improvements") where the Multi-Use Path crosses
the Wisconsin Central Railroad ("WCRR") and Union Pacific Railroad ("UPRR") (collectively,
"Railroads") at-grade tracks; and
WHEREAS, in order to construct the Crossing Improvements within the UPRR right-of-
way, the UPRR requires the City to enter into an agreement ("UPRR Agreement") granting the
City a license to construct the Crossing Improvements in the not to exceed amount of $30,000
and setting for the parties’ respective rights and responsibilities regarding the construction of the
Crossing Improvements; and
WHEREAS, the WCRR also requires that the City enter into an agreement ("WCRR
Agreement") setting forth the parties’ respective rights and responsibilities regarding the
construction of the Crossing Improvements; and
WHEREAS, the cost of the Crossing Improvements will be reimbursed to the City with
ITEP funds; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into the WCRR Agreement and the UPRR Agreement with the Railroads;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des
Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows:
SECTION 1: RECITALS. The foregoing recitals are incorporated into, and made a
part of, this Resolution as findings of the City Council.
Page 2 of 50
2
SECTION 2: APPROVAL OF UPRR AGREEMENT. The City Council hereby
approves the UPRR Agreement with the UPRR 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 UPRR 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 UPRR Agreement with the UPRR.
SECTION 4: APPROVAL OF WCRR AGREEMENT. The City Council hereby
approves the WCRR Agreement with the WCRR in substantially the form attached to this
Resolution as Exhibit B, and in a final form to be approved by the General Counsel.
SECTION 5: AUTHORIZATION TO EXECUTE WCRR 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 WCRR Agreement with the WCRR.
SECTION 6: 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 ____________, 2020.
APPROVED this _____ day of _____________, 2020.
VOTE: AYES _____ NAYS _____ ABSENT _____
MAYOR
ATTEST: Approved as to form:
CITY CLERK Peter M. Friedman, General Counsel
DP-Resolution Approving License Agreements with WCRR and UPRR for Rand Road Sidepath Project
Page 3 of 50
1
UP Real Estate Folder No.: 2291-93
PUBLIC AT-GRADE CROSSING
Rand Rd
DOT 174106B
Milwaukee Subdivision, Mile Post 12.57
Des Plaines, Cook County, Illinois
THIS AGREEMENT ("Agreement") is made and entered into as of the ____ day
of ___________, 2020 ("Effective Date"), by and between UNION PACIFIC RAILROAD
COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400
Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 (”Railroad") and the CITY OF
DES PLAINES, a municipal corporation or political subdivision of the State of Illinois to
be addressed at 1420 Miner St., Des Plaines, IL 60016 ("Political Body").
RECITALS:
Presently, an at-grade public road crossing exists for Rand Road a/k/a US
Highway 12, DOT 174106B, at Railroad’s Milepost 12.57 on Railroad’s Milwaukee
Subdivision, at or near Des Plaines, Cook County, Illinois (the “Existing Crossing”).
The Political Body desires to undertake as its project (the “Project”) the
construction of new multi-use path (the “Path”) on the south side of the Existing
Crossing, including improvements to the existing warning devices and the installation of
new pedestrian gates, in accordance with the Plans (defined below). The portion of the
Project, including the Path, warning devices and pedestrian gates, within the Railroad’s
property is hereinafter referred to as the “Crossing Area.” Under this Agreement, the
Railroad will be granting rights to the Political Body for the construction, maintenance
and repair of the Project within the Crossing Area. The Crossing Area is shown on the
print marked Exhibit A attached hereto and hereby made a part hereof, and as
described in the Detailed Print(s) marked Exhibit A-1 attached hereto and made a part
hereof.
The Railroad and the Political Body are entering into this Agreement to cover the
above.
AGREEMENT:
NOW , THEREFORE, it is mutually agreed by and between the parties hereto as
follows:
Section 1. EXHIBIT B
The general terms and conditions marked Exhibit B, are attached hereto and
hereby made a part hereof.
Exhibit A Page 4 of 50
2
Section 2. RAILROAD GRANTS RIGHT
For and in consideration THIRTY THOUSAND DOLLARS ($30,000) to be paid
by the Political Body to the Railroad upon the execution and delivery of this Agreement
and in further consideration of the Political Body’s agreement to perform and comply
with the terms of this Agreement, the Railroad hereby grants to the Political Body the
right to construct, maintain and repair the Project, including the Path, over and across
the Crossing Area.
Section 3. DEFINITION OF CONTRACTOR
For purposes of this Agreement the term “Contractor” shall mean the contractor
or contractors hired by the Political Body to perform any Project work on any portion of
the Railroad’s property and shall also include the Contractor’s subcontractors and the
Contractor’s and subcontractor’s respective employees, officers and agents, and others
acting under its or their authority, including without limitation any CIC (defined below)
hired by the Political Body.
Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE
A. Prior to Contractor performing any Project work within the Crossing Area or on
any portion of Railroad’s property, and any subsequent maintenance or repair work, the
Political Body shall require the Contractor to:
(i) execute the Railroad's then current form of Contractor's Right of Entry
Agreement (“CROE”).
(ii) obtain the then current insurance required in the CROE; and
(iii) provide such insurance policies, certificates, binders and/or endorsements
to the Railroad.
B. The Railroad's current CROE is marked Exhibit D, attached hereto and
hereby made a part hereof. The Political Body confirms that it will inform its Contractor
that it is required to execute such form of agreement and obtain the required insurance
before commencing any work on any Railroad property. Under no circumstances will
the Contractor be allowed on the Railroad's property without first executing the
Railroad's CROE and obtaining the insurance set forth therein and also providing to the
Railroad the insurance policies, binders, certificates and/or endorsements described
therein.
C. All insurance correspondence, binders, policies, certificates and/or
endorsements shall be sent to:
Senior Manager - Contracts
Exhibit A Page 5 of 50
3
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street, Mail Stop 1690
Omaha, NE 68179-1690
UP File Folder No. 2291-93
D. If the Political Body's own employees will be performing any of the Project
work, the Political Body may self-insure all or a portion of the insurance coverage
subject to the Railroad's prior review and approval.
Section 5. FEDERAL AID POLICY GUIDE
If the Political Body will be receiving any federal funding for the Project, the
applicable rules, regulations and provisions of the Federal Aid Policy Guide as
contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B as of the
Effective Date are incorporated into this Agreement by reference.
Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD
The Political Body agrees that no Project costs and expenses are to be borne by
the Railroad, including without limitation any cost and expense for work performed by
Contractor and/or any CIC. In addition, the Railroad is not required to contribute any
funding for the Project.
Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT
TO POLITICAL BODY; POLITICAL BODY'S PAYMENT OF BILLS
A. The work to be performed by the Railroad, at the Political Body's sole cost
and expense, is described in the Railroad's Signal Material and Force Account Estimate
dated October 3, 2018, and Surface Material and Force Account Estimate dated May
31, 2019, both marked Exhibit C, attached hereto and hereby made a part hereof (the
"Estimate"). As set forth in the Estimates, the Railroad's estimated cost for the
Railroad's signal work associated with the Project is Eighty Nine Thousand Two
Hundred Ninety Eight Dollars ($89,298.00) and surface work associated with the Project
is Forty Eight Thousand Nine Hundred Twenty Four Dollars ($48,924.00).
B. The Railroad, if it so elects, may recalculate and update the Estimate
submitted to the Political Body in the event the Political Body does not commence
construction on the portion of the Project located on the Railroad’s property within six
(6) months from the date of the Estimate.
C. Railroad, in its sole and absolute discretion, shall determine whether a
flagman or other special protective or safety measures are required in connection with
the Project (any of the foregoing, collectively “Flagging Services”). For purposes of
clarity, Railroad and Political Body each acknowledge that Railroad may contract a CIC
for the performance of any Flagging Services that are part of Railroad’s work (as
Exhibit A Page 6 of 50
4
provided in Section 4 of Exhibit B) or, alternatively, that the Political Body may hire a
CIC as a Contractor to perform Flagging Services, subject to Section 6.C of Exhibit B
and any and all other applicable terms and conditions set forth in this Agreement. If any
Flagging Services are to be performed in connection with the Project, then, after
consultation with the Political Body, Railroad shall determine, in Railroad’s sole and
absolute discretion, whether Railroad or the CIC will bill the Political Body or,
alternatively, the Contractor directly, for the costs of such Flagging Services. If Railroad
determines the Contractor will be billed directly pursuant to the foregoing sentence,
Political Body agrees that it will pay the Railroad or the CIC, as applicable, on demand
for any such costs that have not been paid by any Contractor within thirty (30) days of
the Contractor's receipt of billing. The Political Body acknowledges that whether or not
the Estimate includes costs for Flagging Services performed by Railroad or a CIC, as
applicable, such costs shall be at no expense to Railroad.
D. The Railroad shall send progressive billing to the Political Body during the
Project and final billing to the Political Body within one hundred eighty (180) days after
receiving written notice from the Political Body that all Project work affecting the
Railroad's property has been completed.
E. The Political Body agrees to reimburse the Railroad within forty-five (45)
days of its receipt of billing from the Railroad for one hundred percent (100%) of all
actual costs incurred by the Railroad in connection with the Project including specifically
all actual costs of engineering review (including preliminary engineering review costs
incurred by Railroad prior to the Effective Date of this Agreement) and the costs listed
on the Railroad’s Estimate, which includes preparation of the plans as set forth in
Section 8.A of this Agreement, construction, inspection, flagging (unless flagging costs
are to be billed directly to the Contractor), procurement of materials, equipment rental,
manpower and deliveries to the job site and all direct and indirect overhead
labor/construction costs including Railroad's standard additive rates.
Section 8. PLANS
A. The Political Body, at its expense, shall prepare, or cause to be prepared
by others, the detailed plans and specifications for the Project within the Crossing Area
and submit such plans and specifications to the Railroad’s Assistant Vice President
Engineering-Design, or his authorized representative, for prior review and approval.
The plans and specifications shall include all road layout specifications, cross sections
and elevations, associated drainage, and other appurtenances. The Railroad, at the
Political Body’s expense, shall prepare or cause to be prepared, the detailed plans and
specifications for the portion of the Project located between the track tie ends. Railroad
shall provide to the Political Body such plans and specifications to be included in the
Plans.
B. The final one hundred percent (100%) completed plans for the Project
within the Crossing Area that are approved in writing by the Railroad’s Assista nt Vice
President Engineering-Design, or his authorized representative, designed in accordance
Exhibit A Page 7 of 50
5
with this Agreement and the order of the Illinois Commerce Commission, are hereinafter
referred to as the “Plans”. The Plans are hereby made a part of this Agre ement by
reference.
C. No changes in the Plans for work performed in the Crossing Area shall be
made unless the Railroad has consented to such changes in writing.
D. The Railroad's review and approval of the Plans in no way relieves the
Political Body or the Contractor from their responsibilities, obligations and/or liabilities
under this Agreement, and will be given with the understanding that the Railroad makes
no representations or warranties as to the validity, accuracy, legal compliance or
completeness of the Plans and that any reliance by the Political Body or Contractor on
the Plans is at the risk of the Political Body and Contractor.
Section 9. NON-RAILROAD IMPROVEMENTS
A. Submittal of plans and specifications for protecting, encasing, reinforcing,
relocation, replacing, removing and abandoning in place all non-railroad owned facilities
(the "Non Railroad Facilities") affected by the Project, if any, including, without limitation,
utilities, fiber optics, pipelines, wirelines, communication lines and fences is required
under Section 8. The Non Railroad Facilities plans and specifications shall comply with
Railroad's standard specifications and requirements, including, without limitation,
American Railway Engineering and Maintenance-of-Way Association ("AREMA")
standards and guidelines. Railroad has no obligation to supply additional land for any
Non Railroad Facilities and does not waive its right to assert preemption defenses,
challenge the right-to-take, or pursue compensation in any condemnation action,
regardless if the submitted Non Railroad Facilities plans and specifications comply with
Railroad's standard specifications and requirements. Railroad has no obligation to
permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's
property.
B. Upon Railroad's approval of any submitted Non Railroad Facilities plans
and specifications, Railroad will attempt to incorporate them into new agreements or
supplements of existing agreements with Non Railroad Facilities owners or operators.
Railroad may use its standard terms and conditions, including, without limitation, its
standard license fee and administrative charges when requiring supplements or new
agreements for Non Railroad Facilities. Non Railroad Facilities work shall not
commence before a supplement or new agreement has been fully executed by Railroad
and the Non Railroad Facilities owner or operator, or before Railroad and Political Body
mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and
specifications to be Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities
part of the Project, and (iii) supplement this Agreement with terms and conditions
covering the Non Railroad Facilities.
Section 10. EFFECTIVE DATE; TERM; TERMINATION
Exhibit A Page 8 of 50
6
A. This Agreement is effective as of the Effective Date and shall continue in
full force and effect for as long as the Path remains on the Railroad’s property.
B. The Railroad, if it so elects, may terminate this Agreement effective upon
delivery of written notice to the Political Body in the event the Political Body does not
commence construction on the portion of the Project located on the Railroad’s property
within eighteen(18) months from the Effective Date.
C. If the Agreement is terminated as provided above, or for any other reason,
the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in
connection with the Project up to the date of termination, including, without limitation, all
actual costs incurred by the Railroad in connection with reviewing any preliminary or
final Project Plans.
Section 11. CONDITIONS TO BE MET BEFORE
POLITICAL BODY CAN COMMENCE WORK
Neither the Political Body nor the Contractor may commence any work within the
Crossing Area or on any other Railroad property until:
(i) The Railroad and the Political Body have executed this Agreement.
(ii) The Railroad has provided to the Political Body the Railroad’s written
approval of the Plans.
(iii) The Political Body has required each Contractor to (a) execute Railroad’s
CROE and obtain and/or provide to the Railroad the insurance policies, certificates,
binders, and/or endorsements required under the CROE; (b) provide the advance
notice(s) required under the CROE to the Railroad representative(s) named in the
CROE; and (c) participate in a preconstruction meeting to coordinate work activities with
Railroad if any work to be provided by the Contractor will involve flagging protection
and/or if there is separate work to be performed by the Railroad for the Project.
Section 12. FUTURE PROJECTS
Future projects involving substantial maintenance, repair, reconstruction, renewal
and/or demolition of the Path within the Crossing Area shall not commence until
Railroad and Political Body agree on the plans for such future projects, cost allocations,
right of entry terms and conditions and temporary construction rights, terms and
conditions.
Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS
A. Political Body shall not assign this Agreement without the prior written
consent of Railroad.
Exhibit A Page 9 of 50
7
B. Subject to the provisions of Paragraph A above, this Agreement shall
inure to the benefit of and be binding upon the successors and assigns of Railroad and
Political Body.
Section 14. FEDERAL FUNDING
If the Political Body will be receiving any federal funds for the Project, the Political
Body agrees that it is solely responsible for performing and completing all reporting
requirements in connection with the Project and receipt of such funding and that the
Railroad shall not have any responsibility in connection with the same. The Political
Body also confirms and acknowledges that (A) the Railroad shall provide to the Political
Body the Railroad's standard and customary billing for expenses incurred by the
Railroad for the Project including the Railroad's standard and customary documentation
to support such billing, and (B) such standard and customary billing and documentation
from the Railroad provides the information needed by the Political Body to perform and
complete any such reporting requirements in connection with any federal funding. The
Railroad confirms that the Political Body shall have the right to audit the Railroad's
billing and documentation for the Project as provided in Exhibit B of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly
executed as of the Effective Date first herein written.
UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID #94-6001323)
By: _________________________________
Printed Name: ________________________
Title: ________________________________
CITY OF DES PLAINES
By: ________________________________
Printed Name: ________________________
Title: ________________________________
Exhibit A Page 10 of 50
{00114897.1} 1
EXHIBIT A
TO
PUBLIC AT GRADE CROSSING AGREEMENT
Exhibit A will be a print showing the Crossing Area
Exhibit A Page 11 of 50
Exhibit A Page 12 of 50
{00114897.1} 2
EXHIBIT A-1
TO
PUBLIC AT GRADE CROSSING AGREEMENT
Exhibit A-1 will be Detailed Print(s) showing the Crossing Area
Exhibit A Page 13 of 50
Warning Surface
Proposed Detectable
Beacon
and Overhead Flashing
Existing Crossing Arm
(
Ran
d
R
oad)
U.S.
R
o
ute 1
2
Proposed Retaining Wall
Proposed Retaining Wall
Right-of-Way
Existing Railroad
8'
Union Pacific Railroad
Path
Proposed Shared-Use
15' RCrossing Arm
Pedestrian
Proposed Railroad
10'
25' R
25' R
80°
Desirable Bike Course (15' R Typ. Between Tracks)
8' Area
Proposed Aggregate
Area
Proposed Aggregate
12'
5'
5'
5'
5'96' R'Proposed Detectable Warning Surface
2
1
'
1
7
'
Railroad (Match Existing Rail Elevation)
Pedestrian Pavement Surface Widened at
5
1
°
1
1
'
Scale: 1" = 20'
City of Des Plaines
Central Road to Elk Boulevard
Rand Road Sidepath Phase I Study
At-Grade Crossing Details
N
Union Pacific Railroad
E
x
h
i
b
i
t
A
P
a
g
e
1
4
o
f
5
0
{00114897.1} 3
EXHIBIT B
TO
PUBLIC AT GRADE CROSSING AGREEMENT
SECTION 1. CONDITIONS AND COVENANTS
A. The Railroad makes no covenant or warranty of title for quiet possession or
against encumbrances. The Political Body shall not use or permit use of the Crossing
Area for any purposes other than those described in this Agreement. Without limiting
the foregoing, the Political Body shall not use or permit use of the Crossing Area for
railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the
Railroad's property by or under authority of the Political Body for the purpose of
conveying electric power or communications incidental to the Political Body's use of the
property for highway purposes shall be constructed in accordance with specifications
and requirements of the Railroad, and in such manner as not adversely to affect
communication or signal lines of the Railroad or its licensees now or hereafter located
upon said property. No nonparty shall be admitted by the Political Body to use or
occupy any part of the Railroad's property without the Railroad's written consent.
Nothing herein shall obligate the Railroad to give such consent.
B. The Railroad reserves the right to cross the Crossing Area with such railroad
tracks as may be required for its convenience or purposes. In the event the Railroad
shall place additional tracks upon the Crossing Area, the Political Body shall, at its sole
cost and expense, modify the Path to conform with all tracks within the Crossing Area.
C. The right hereby granted is subject to any existing encumbrances and rights
(whether public or private), recorded or unrecorded, and also to any renewals thereof.
The Political Body shall not damage, destroy or interfere with the property or rights of
nonparties in, upon or relating to the Railroad's property, unless the Political Body at its
own expense settles with and obtains releases from such nonparties.
D. The Railroad reserves the right to use and to grant to others the right to use the
Crossing Area for any purpose not inconsistent with the right hereby granted, including,
but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair,
alter, renew and replace tracks, facilities and appurtenances on the property; and the
right to cross the Crossing Area with all kinds of equipment.
E. So far as it lawfully may do so, the Political Body will assume, bear and pay all
taxes and assessments of whatsoever nature or kind (whether general, local or special)
levied or assessed upon or against the Crossing Area, excepting taxes levied upon and
against the property as a component part of the Railroad's operating property.
F. If any property or rights other than the right hereby granted are necessary for the
construction, maintenance and use of the Path and its appurtenances, or for the
Exhibit A Page 15 of 50
{00114897.1} 4
performance of any work in connection with the Project, the Political Body will acquire
all such other property and rights at its own expense and without expense to the
Railroad.
SECTION 2. CONSTRUCTION OF PROJECT
A. The Political Body, at its expense, will apply for and obtain all public authority
required by law, ordinance, rule or regulation for the Project, and will furnish the
Railroad upon request with satisfactory evidence that such authority has been obtained.
B. Except as may be otherwise specifically provided herein, the Political Body, at its
expense, will furnish all necessary labor, material and equipment to construct and
complete the Path and portion of the Project within the Crossing Area, with the
exception of the portion between the track tie ends, installation of the pedestrian gate
and any associated signal work, which shall be constructed and performed by the
Railroad, at the Political Body’s expense. The appurtenances shall include, without
limitation, all necessary and proper highway warning devices (except those installed by
the Railroad within its right of way) and all necessary drainage facilities, guard rails or
barriers, and right of way fences between the Path and the railroad tracks. Upon
completion of the Project, the Political Body shall remove from the Railroad's property
all temporary structures and false work, and will leave the Crossing Area in a condition
satisfactory to the Railroad.
C. All construction work of the Political Body upon the Railroad's property (including,
but not limited to, construction of the Path and all appurtenances and all related and
incidental work) shall be performed and completed in a manner satisfactory to the
Assistant Vice President Engineering-Design of the Railroad or his authorized
representative and in compliance with the Plans, and other guidelines furnished by the
Railroad.
D. All construction work of the Political Body within the Crossing Area shall be
performed diligently and completed within a reasonable time. No part of the Project
shall be suspended, discontinued or unduly delayed without the Railroad's written
consent, and subject to such reasonable conditions as the Railroad may specify. It is
understood that the Railroad's tracks at and in the vicinity of the work will be in constant
or frequent use during progress of the work and that movement or stoppage of trains,
engines or cars may cause delays in the work of the Political Body. The Political Body
hereby assumes the risk of any such delays and agrees that no claims for damages on
account of any delay shall be made against the Railroad by the State and/or the
Contractor.
SECTION 3. INJURY AND DAMAGE TO PROPERTY
If the Political Body, in the performance of any work contemplated by this
Agreement or by the failure to do or perform anything for which the Political Body is
responsible under the provisions of this Agreement, shall injure, damage or destroy any
Exhibit A Page 16 of 50
{00114897.1} 5
property of the Railroad or of any other person lawfully occupying or using the property
of the Railroad, such property shall be replaced or repaired by the Political Body at the
Political Body's own expense, or by the Railroad at the expense of the Political Body,
and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design.
SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK
The Railroad may contract for the performance of any of its work by other than
the Railroad forces. The Railroad shall notify the Political Body of the contract price
within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed
on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of
the contract.
SECTION 5. MAINTENANCE AND REPAIRS
A. The Political Body shall, at its own sole expense, maintain, repair, and renew, or
cause to be maintained, repaired and renewed, the entire Crossing Area and Path,
except for the pedestrian gates and the portion of crossing surface between the track tie
ends, which shall be maintained by and at the expense of the Railroad. The Political
Body, at its expense, shall be responsible for any and all future repair costs associated
with damage or vandalism to the pedestrian gates, and for any and all maintenance and
repair costs for all portions of its overall project which may be outside of the Crossing
Area, including but not limited to retaining wall(s) and any and all appurtenances
thereto.
B. If, in the future, the Political Body elects to have the surfacing material between
the track tie ends, or between tracks if there is more than one railroad track across the
Crossing Area, replaced with paving or some surfacing material other than timber
planking, the Railroad, at the Political Body’s expense, shall install such replacement
surfacing, and in the future, to the extent repair or replacement of the surfacing is
necessitated by repair or rehabilitation of the Railroad’s tracks through the Crossing
Area, the Political Body shall bear the expense of such repairs or replacement.
SECTION 6. CHANGES IN GRADE
If at any time the Railroad shall elect, or be required by competent authority to,
raise or lower the grade of all or any portion of the track(s) located within the Crossing
Area, the Political Body shall, at its own expense, conform the Path to conform with the
change of grade of the trackage.
SECTION 7. REARRANGEMENT OF WARNING DEVICES
If the change or rearrangement of any warning device installed hereunder is
necessitated for public or Railroad convenience or on account of improvements for
either the Railroad, highway or both, the parties will apportion the expense incidental
thereto between themselves by negotiation, agreement or by the order of a competent
Exhibit A Page 17 of 50
{00114897.1} 6
authority before the change or rearrangement is undertaken.
SECTION 8. SAFETY MEASURES; PROTECTION
OF RAILROAD COMPANY OPERATIONS
It is understood and recognized that safety and continuity of the Railroad's
operations and communications are of the utmost importance; and in order that the
same may be adequately safeguarded, protected and assured, and in order that
accidents may be prevented and avoided, it is agreed with respect to all of said work of
the Political Body that the work will be performed in a safe manner and in conformity
with the following standards:
A. Definitions. All references in this Agreement to the Political Body shall also
include the Contractor and their respective officers, agents and employees, and others
acting under its or their authority; and all references in this Agreement to work of the
Political Body shall include work both within and outside of the Railroad’s property.
B. Entry on to Railroad's Property by Political Body. If the Political Body's
employees need to enter Railroad's property in order to perform an inspection of the
Path, minor maintenance or other activities, the Political Body shall first provide at least
ten (10) working days advance notice to the Railroad Representative. With respect to
such entry on to Railroad’s property, the Political Body, to the extent permitted by law,
agrees to release, defend and indemnify the Railroad from and against any loss,
damage, injury, liability, claim, cost or expense incurred by any person including,
without limitation, the Political Body’s employees, or damage to any property or
equipment (collectively the “Loss”) that arises from the presence or activities of Political
Body’s employees on Railroad’s property, except to the extent that any Loss is caused
by the sole direct negligence of Railroad.
C. Flagging.
(i) If the Political Body's employees need to enter Railroad's property as
provided in Paragraph B above, the Political Body agrees to notify the Railroad
Representative at least thirty (30) working days in advance of proposed performance of
any work by Political Body in which any person or equipment will be within twenty-five
(25) feet of any track, or will be near enough to any track that any equipment extension
(such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of
any track. No work of any kind shall be performed, and no person, equipment,
machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed,
or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any
reason, unless and until a Railroad approved flagman is provided to watch for trains.
Upon receipt of such thirty (30) day notice, the Railroad Representative will determine
and inform Political Body whether a flagman need be present and whether Political
Body needs to implement any special protective or safety measures.
Exhibit A Page 18 of 50
{00114897.1} 7
(ii) The provisions set forth in this subsection are only applicable for Flagging
Services performed by employees of Railroad: the rate of pay per hour for each flagman
will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen
used during regularly assigned hours and overtime in accordance with labor
agreements and schedules in effect at the time the work is performed. In addition to the
cost of such labor, a composite charge for vacation, holiday, health and welfare,
supplemental sickness, Railroad Retirement and unemployment compensation,
supplemental pension, Employees Liability and Property Damage and Administration
will be included, computed on actual payroll. The composite charge will be the
prevailing composite charge in effect at the time the work is performed. One and one-
half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two
and one-half times current hourly rate for holidays. Wage rates are subject to change ,
at any time, by law or by agreement between Railroad and its employees, and may be
retroactive as a result of negotiations or a ruling of an authorized governmental agency.
Additional charges on labor are also subject to change. If the wage rate or additional
charges are changed, Political Body shall pay on the basis of the new rates and
charges. Reimbursement to Railroad will be required covering the full eight-hour day
during which any flagman is furnished, unless the flagman can be assigned to other
Railroad work during a portion of such day, in which event reimbursement will not be
required for the portion of the day during which the flagman is engaged in other Railroad
work. Reimbursement will also be required for any day not actually worked by th e
flagman following the flagman's assignment to work on the project for which Railroad is
required to pay the flagman and which could not reasonably be avoided by Railroad by
assignment of such flagman to other work, even though Political Body may not be
working during such time. When it becomes necessary for Railroad to bulletin and
assign an employee to a flagging position in compliance with union collective bargaining
agreements, Political Body must provide Railroad a minimum of five (5) days notice
prior to the cessation of the need for a flagman. If five (5) days notice of cessation is
not given, Political Body will still be required to pay flagging charges for the five (5) day
notice period required by union agreement to be given to the employee, even though
flagging is not required for that period. An additional thirty (30) days notice must then
be given to Railroad if flagging services are needed again after such five day cessation
notice has been given to Railroad.
(iii) Political Body or its Contractor shall be permitted to hire a private
contractor (such private contractor being commonly known in the railroad industry as a
contractor-in-charge (“CIC”)) to perform Flagging Services in lieu of Railroad providing
such services or in concert with Railroad providing such services, subject to receiving
prior written approval by Railroad, which approval shall be in Railroad’s sole and
absolute discretion. If Railroad agrees to permit Political Body or its Contractor to utilize
a CIC pursuant to the preceding sentence, the Political Body or its Contractor, as
applicable, shall be required to obtain Railroad’s prior written approval for each of the
following items, as determined in all respects in Railroad’s sole and absolute discretion:
(i) the identity of the third-party performing the role of CIC; (ii) the scope of the Flagging
Services to be performed by the approved CIC; and (iii) any other terms and conditions
governing the Flagging Services to be provided by the CIC. Railroad reserves the right
Exhibit A Page 19 of 50
{00114897.1} 8
to rescind any approval pursuant to this section, in whole or in part, at any time, as
determined in Railroad’s sole and absolute discretion,
(iv) If any flagging or other special protective or safety measures are
performed by Railroad and/or a CIC, Political Body agrees that Political Body is not
relieved of any of its responsibilities or liabilities set forth in this Agreement.
D. Compliance With Laws. The Political Body shall comply with all applicable
federal, state and local laws, regulations and enactments affecting the work. The
Political Body shall use only such methods as are consistent with safety, both as
concerns the Political Body, the Political Body's agents and employees, the officers,
agents, employees and property of the Railroad and the public in general. The Political
Body (without limiting the generality of the foregoing) shall comply with all applicable
state and federal occupational safety and health acts and regulations. All Federal
Railroad Administration regulations shall be followed when work is performed on the
Railroad's premises. If any failure by the Political Body to comply with any such laws,
regulations, and enactments, shall result in any fine, penalty, cost or charge being
assessed, imposed or charged against the Railroad, the Political Body shall reimburse,
and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty,
cost, or charge, including without limitation attorney's fees, court costs and expenses.
The Political Body further agrees in the event of any such action, upon notice thereof
being provided by the Railroad, to defend such action free of cost, charge, or expense
to the Railroad.
E. No Interference or Delays. The Political Body shall not do, suffer or permit
anything which will or may obstruct, endanger, interfere with, hinder or delay
maintenance or operation of the Railroad's tracks or facilities, or any communication or
signal lines, installations or any appurtenances thereof, or the operations of others
lawfully occupying or using the Railroad's property or facilities; provided, however, that
the Railroad and Political Body may agree to scheduled delays or obstructions for the
purposes of constructing, repair, or maintaining the Project, including, without limitation
the Path.
F. Supervision. The Political Body, at its own expense, shall adequately police
and supervise all work to be performed by the Political Body, and shall not inflict injury
to persons or damage to property for the safety of whom or of which the Railroad may
be responsible, or to property of the Railroad. The responsibility of the Political Body
for safe conduct and adequate policing and supervision of the Project shall not be
lessened or otherwise affected by the Railroad's approval of plans and specifications,
or by the Railroad's collaboration in performance of any work, or by the presence at
the work site of the Railroad's representatives, or by compliance by the Political Body
with any requests or recommendations made by such representatives. If a
representative of the Railroad is assigned to the Project, the Political Body will give
due consideration to suggestions and recommendations made by such representative
for the safety and protection of the Railroad's property and operations.
Exhibit A Page 20 of 50
{00114897.1} 9
G. Suspension of Work. If at any time the Political Body's engineers or the Vice
President-Engineering Services of the Railroad or their respective representatives
shall be of the opinion that any work of the Political Body is being or is about to be
done or prosecuted without due regard and precaution for safety and security, the
Political Body shall immediately suspend the work until suitable, adequate and proper
protective measures are adopted and provided.
H. Removal of Debris. The Political Body shall not cause, suffer or permit
material or debris to be deposited or cast upon, or to slide or fall upon any property or
facilities of the Railroad; and any such material and debris shall be promptly removed
from the Railroad's property by the Political Body at the Political Body's own expense
or by the Railroad at the expense of the Political Body. The Political Body shall not
cause, suffer or permit any snow to be plowed or cast upon the Railroad's property
during snow removal from the Crossing Area.
I. Explosives. The Political Body shall not discharge any explosives on or in the
vicinity of the Railroad's property without the prior consent of the Railroad's Vice
President-Engineering Services, which shall not be given if, in the sole discretion of
the Railroad's Vice President-Engineering Services, such discharge would be
dangerous or would interfere with the Railroad's property or facilities. For the
purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any
place on the Railroad's property or in such close proximity to the Railroad's property
that the discharge of explosives could cause injury to the Railroad's employees or
other persons, or cause damage to or interference with the facilities or operations on
the Railroad's property. The Railroad reserves the right to impose such conditions,
restrictions or limitations on the transportation, handling, storage, security and use of
explosives as the Railroad, in the Railroad's sole discretion, may deem to be
necessary, desirable or appropriate.
J. Excavation. The Political Body shall not excavate from existing slopes nor
construct new slopes which are excessive and may create hazards of slides or falling
rock, or impair or endanger the clearance between existing or new slopes and the
tracks of the Railroad. The Political Body shall not do or cause to be done any work
which will or may disturb the stability of any area or adversely affect the Railroad's
tracks or facilities. The Political Body, at its own expense, shall install and maintain
adequate shoring and cribbing for all excavation and/or trenching performed by the
Political Body in connection with construction, maintenance or other work. The
shoring and cribbing shall be constructed and maintained with materials and in a
manner approved by the Railroad's Assistant Vice President Engineering - Design to
withstand all stresses likely to be encountered, including any stresses resulting from
vibrations caused by the Railroad's operations in the vicinity.
K. Drainage. The Political Body, at the Political Body's own expense, shall
provide and maintain suitable facilities for draining the Path and its appurtenances,
and shall not suffer or permit drainage water therefrom to flow or collect upon property
of the Railroad. The Political Body, at the Political Body's own expense, shall provide
Exhibit A Page 21 of 50
{00114897.1} 10
adequate passageway for the waters of any streams, bodies of water and drainage
facilities (either natural or artificial, and including water from the Railroad's culvert and
drainage facilities), so that said waters may not, because of any facilities or work of the
Political Body, be impeded, obstructed, diverted or caused to back up, overflow or
damage the property of the Railroad or any part thereof, or property of others. The
Political Body shall not obstruct or interfere with existing ditches or drainage facilities.
L. Notice. Before commencing any work, the Political Body shall provide the
advance notice that is required under the Contractor's Right of Entry Agreement.
M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's
property. Protection of the fiber optic cable systems is of extreme importance since
any break could disrupt service to users resulting in business interruption and loss of
revenue and profits. Political Body shall telephone the Railroad during normal
business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except
holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to
determine if fiber optic cable is buried anywhere on the Railroad's premises to be used
by the Political Body. If it is, Political Body will telephone the telecommunications
company(ies) involved, arrange for a cable locator, and make arrangements for
relocation or other protection of the fiber optic cable prior to beginning any work on the
Railroad's premises.
SECTION 9. INTERIM WARNING DEVICES
If at anytime it is determined by a competent authority, by the Political Body, or
by agreement between the parties, that new or improved train activated warning
devices should be installed at the Crossing Area, the Political Body shall install
adequate temporary warning devices or signs and impose appropriate vehicular
control measures to protect the public using the Path until the new or improved
devices have been installed.
SECTION 10. OTHER RAILROADS
All protective and indemnifying provisions of this Agreement shall inure to the
benefit of the Railroad and any other railroad company lawfully using the Railroad's
property or facilities.
SECTION 11. BOOKS AND RECORDS
The books, papers, records and accounts of Railroad, so far as they relate to the
items of expense for the materials to be provided by Railroad under this Project, or are
associated with the work to be performed by Railroad under this Project, shall be open
to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal
business hours by the agents and authorized representatives of Political Body for a
period of three (3) years following the date of Railroad's last billing sent to Political
Body.
Exhibit A Page 22 of 50
{00114897.1} 11
SECTION 12. REMEDIES FOR BREACH OR NONUSE
A. If the Political Body shall fail, refuse or neglect to perform and abide by the
terms of this Agreement, the Railroad, in addition to any other rights and remedies,
may perform any work which in the judgment of the Railroad is necessary to place the
Path and appurtenances in such condition as will not menace, endanger or interfere
with the Railroad's facilities or operations or jeopardize the Railroad's employees; and
the Political Body will reimburse the Railroad for the expenses thereof.
B. Nonuse by the Political Body of the Crossing Area for public highway purposes
continuing at any time for a period of eighteen (18) months shall, at the option of the
Railroad, work a termination of this Agreement and of all rights of the Political Body
hereunder.
C. The Political Body will surrender peaceable possession of the Crossing Area
and Path upon termination of this Agreement. Termination of this Agreement shall not
affect any rights, obligations or liabilities of the parties, accrued or otherwise, which
may have arisen prior to termination.
SECTION 13. MODIFICATION - ENTIRE AGREEMENT
No waiver, modification or amendment of this Agreement shall be of any force
or effect unless made in writing, signed by the Political Body and the Railroad and
specifying with particularity the nature and extent of such waiver, modification or
amendment. Any waiver by the Railroad of any default by the Political Body shall not
affect or impair any right arising from any subsequent default. This Agreement and
Exhibits attached hereto and made a part hereof constitute the entire understanding
between the Political Body and the Railroad and cancel and supersede any prior
negotiations, understandings or agreements, whether written or oral, with respect to
the work or any part thereof.
Exhibit A Page 23 of 50
{00114897.1}
EXHIBIT C
TO
PUBLIC AT GRADE CROSSING AGREEMENT
Exhibit C (if applicable) will be Railroad's Material and Force Agreement Estimate.
Exhibit A Page 24 of 50
Material And Force Account Estimate
CITY OF DES PLAINES
Estimate Creation Date: 10/03/2018 Number: 119263 Version: 1
Estimate Good Until 07/03/19
Location: MILWAUKEE SUB, NO 1, 12-17.49
Buy America: Yes
Description of Work: DES PLAINES, IL RAND ROAD MP 12.55 MILWAUKEE SUBDIVISION DOT#174106B
WO#46038 PID#108579 100% RECOLLECTABLE
COMMENTS Description QTY UOM Unit LABOR MATERIAL TOTAL UP 00%Agncy 100%
Cost
SIGNAL
PED NO FLASHERS Xing - Add Gates Existing
Location (pair)
1 EA 44,362.00 20,000 24,362 44,362 0 44,362
Xing - Engineering Design 1 LS 2,214.00 2,214 0 2,214 0 2,214
Xing - Fill/Rock/Gravel 1 LS 11,000.00 0 11,000 11,000 0 11,000
Xing - Labor Additive 1 LS 25,722.00 25,722 0 25,722 0 25,722
Xing - Boring 1 LS 6,000.00 0 6,000 6,000 0 6,000
Sub-Total = 47,936 41,362 89,298 0 89,298
Totals = 47,936 41,362 89,298 0 89,298
Grand Total = $89,298
Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an
increase or decrease in the cost or amount of material or labor required, CITY OF DES PLAINES will pay
actual construction costs at the current rates effective thereof.
____________________________________________________________________________________________________________________________________
Wednesday, October 3, 2018 Page 1 of 1
Exhibit A Page 25 of 50
Material And Force Account Estimate
CITY / STATE / FED
Estimate Number: 122883 Version: 1
Standard Rates: Labor Additive = 158.82%
Estimate Good Until 11/30/19
Location: MILWAUKEE SUB, NO 1, 12.56-12.58
Description of Work: DES PLAINES, IL / RAND ROAD
DOT#174106B-3 / MILWAUKEE SUB MP 12.57
INSTALL 16' OF NEW CONCRETE RDX PANELS ON #1 & #2 TRACK TO ACCOMMODATE NEW PEDESTRIAN RDX
.
Prepared For:
Buy America: No
COMMENTS FACILITY Description QTY UOM UCST LABOR MATERIAL TOTAL UP %0 Agcy %100
ENGINEERING
Engineering 1 LS 5,397.30 5,397 0 5,397 0 5,397
Bill Prep Fee - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900
Homeline Freight - Track Surface RECOLLECT 1 LS 900.00 0 900 900 0 900
Foreign Line Freight - Track Surface RECOLLECT 1 LS 553.46 0 553 553 0 553
Sub-Total = 5,397 2,353 7,751 0 7,751
TRACK CONSTRUCTION - COMPANY
RDXING RDXING 136# CON10W 10' LOOSE PAN TIES
COMPLETE
32 TF 783.95 12,225 12,861 25,086 0 25,086
BALAST BALAST CL1 2 CL 1,293.32 355 2,232 2,587 0 2,587
Sub-Total = 12,580 15,093 27,673 0 27,673
SITE WORK - CONTRACT
Asphalt: Hot Mix 1 TN 2,000.00 0 2,000 2,000 0 2,000
Traffic Control - Detour Signs & Coordination 1 LS 10,000.00 0 10,000 10,000 0 10,000
Sub-Total = 0 12,000 12,000 0 12,000
SIGNAL - COMPANY
Signal: Xing Signals 1 LS 1,500.00 1,500 0 1,500 0 1,500
Sub-Total = 1,500 0 1,500 0 1,500
Total Wgt. in Tons = 327 Totals = 19,477 29,446 48,924 0 48,924
Grand Total = $48,924
Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an
increase or decrease in the cost or amount of material or labor required, will pay actual construction
costs at the current rates effective thereof.
______________________________________________________________________________________________________________________________________________________________________________________________
Friday, May 31, 2019 Page 1 of 1
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{00114897.1}
EXHIBIT D
TO
PUBLIC AT-GRADE CROSSING AGREEMENT
Exhibit D will be Current Form of Contractor’s Right of Entry Agreement
Exhibit A Page 27 of 50
Contractor's Right of Entry (Private Flagging Contractor)
Form Approved - UPRR Law Dept 03/09/2017
2291-93
1
CONTRACTOR'S
RIGHT OF ENTRY AGREEMENT
THIS AGREEMENT is made and entered into as of the ______ day of _______________________, 2020,
by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and
___________________________________________________, a ______________________ corporation ("Contractor").
RECITALS:
Contractor has been hired by the City of Des Plaines (“City”) to improve the existing Rand Rd., at-grade public
road crossing, DOT 174106B, including the construction of a new 8’ Pedestrian and Bike Path on the south side of the
road crossing with 2 Emergency Exist Areas on the north easterly and south easterly sides of the road crossing with a
Retaining Wall running, and the installation of Detectable Warning Surface, at Railroad’s Milepost 12.57 on Railroad’s
Milwaukee Sub., at or near Des Plaines, Cook County, Illinois, as such locations are in the general location shown on the
prints marked Exhibit A, attached hereto and hereby made a part hereof, which work is the subject of an agreement
dated , 2019 between Railroad and the County.
Railroad is willing to permit Contractor to perform the work described above at the location described above
subject to the terms and conditions contained in this agreement
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows:
ARTICLE 1 - DEFINITION OF CONTRACTOR.
For purposes of this agreement, all references in this agreement to Contractor shall include Contractor's
contractors, subcontractors, officers, agents and employees, and others acting under its o r their authority. For purposes
of clarity, Contractor agrees that any CIC (defined below) hired by Contractor is a subcontractor of Contractor and
therefore included in the defined term Contractor pursuant to the foregoing sentence.
ARTICLE 2 - RIGHT GRANTED; PURPOSE.
Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each
and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the
property described in the Recitals for the purpose of performing the work described in the Recitals above. The right
herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as
designated by the Railroad Representative named in Article 4.
ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B, C AND D.
The terms and conditions contained in Exhibit B, Exhibit C and Exhibit D, attached hereto, are hereby made a
part of this agreement.
ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE .
A. Contractor shall bear any and all costs and expenses associated with any work performed by Contractor
(including without limitation any CIC), or any costs or expenses incurred by Railroad relating to this agreement.
Exhibit A Page 28 of 50
Contractor's Right of Entry (Private Flagging Contractor)
Form Approved - UPRR Law Dept 03/09/2017
2291-93
2
B. Contractor shall coordinate all of its work with the following Railroad representative or his or her duly
authorized representative (the "Railroad Representative"):
Fabian Graumann
Manager Track Mntnc.
708/649-2532
fgrauma@up.com
C. Contractor, at its own expense, shall adequately police and supervise all work to be performed by
Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7 of Exhibit B. The
responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's work shall not be
lessened or otherwise affected by Railroad's approval of plans and specifications involving the work, or by Railroad's
collaboration in performance of any work, or by the presence at the work site of a Railroad Representative, or by
compliance by Contractor with any requests or recommendations made by Railroad Representative.
ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS.
The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of work to the Railroad
Representative named in Article 4B above. The reports shall start at the execution of this agreement and continue until
this agreement is terminated as provided in this agreement or until the Contractor has completed all work on Railroad’s
property.
ARTICLE 6 - TERM; TERMINATION.
A. The grant of right herein made to Contractor shall commence on the date of this agreement, and continue
until __________________________, unless sooner terminated as herein provided, or at such time as Contractor has
completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in
writing when it has completed its work on Railroad's property.
B. This agreement may be terminated by either party on ten (10) days written notice to the other party.
ARTICLE 7 - CERTIFICATE OF INSURANCE.
A. Before commencing any work, contractor will provide Railroad with the (i) insurance binders, policies,
certificates and endorsements set forth in Exhibit C of this agreement, and (ii) the insurance endorsements obtained by
each subcontractor as required under Section 12 of Exhibit B of this agreement.
B. All insurance correspondence, binders, policies, certificates and endorsements shall be sent to:
Union Pacific Railroad Company
1400 Douglas STOP 1690
Omaha, NE 68179
Folder 2291-93
ARTICLE 8 - PRECONSTRUCTION MEETING.
If the work to be performed by the Contractor will involve the Railroad providing any flagging protection (or if a
CIC is approved to provide flagging protection pursuant to the terms set forth herein) and/or there is separate work to be
performed by the Railroad, the Contractor confirms that no work shall commence until the Railroad and Contractor
participate in a preconstruction meeting involving flagging procedures and coordination of work activities of the Contractor
and the Railroad (and any CIC, as applicable.)
Exhibit A Page 29 of 50
Contractor's Right of Entry (Private Flagging Contractor)
Form Approved - UPRR Law Dept 03/09/2017
2291-93
3
ARTICLE 9. DISMISSAL OF CONTRACTOR'S EMPLOYEE.
At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails
to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any
right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any
claims arising from the removal of any such employee from Railroad's property.
ARTICLE 10. ADMINISTRATIVE FEE.
Upon the execution and delivery of this agreement, Contractor shall pay to Railroad ($1025.00) as reimbursement
for clerical, administrative and handling expenses in connection with the processing of this agreement.
ARTICLE 11. CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES.
A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's
trackage shall be installed or used by Contractor without the prior written permission of Railroad.
B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to
the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules,
regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event
the Railroad is found to be out of compliance with federal safety regulations due to the Contractor’s modifications,
negligence, or any other reason arising from the Contractor’s presence on the Railroad’s property, the Contractor agrees
to assume liability for any civil penalties imposed upon the Railroad for such noncompliance.
ARTICLE 12.- EXPLOSIVES.
Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the
prior written approval of Railroad.
IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first
herein written.
UNION PACIFIC RAILROAD COMPANY
By:
Title:___________________________________
(Name of Contractor)
By:
Title:
Exhibit A Page 30 of 50
EXHIBIT A
TO
CONTRACTOR’S RIGHT OF ENTRY AGREEMENT
Exhibit A will be a print showing the general location of the work site.
Exhibit A Page 31 of 50
EXHIBIT B
TO
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGING.
A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of
Contractor commencing its work and at least thirty (30) working days in advance of proposed performance of any work by
Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any
track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of
any track.
B. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s),
vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s)
at any time, for any reason, unless and until a Railroad approved flagman is provided to watch for trains. Upon receipt of
such thirty (30)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be
present and whether Contractor needs to implement any special protective or safety measures.
C. Contractor shall be permitted to hire a private contractor to perform flagging or other special protective or
safety measures (such private contractor being commonly known in the railroad industry as a contractor-in-charge (“CIC”))
in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to prior written
approval by Railroad, which approval shall be in Railroad’s sole and absolute discretion. If Railroad agrees to permit
Contractor to utilize a CIC pursuant to the preceding sentence, Contractor shall obtain Railro ad’s prior approval in writing
for each of the following items, as determined in all respects in Railroad’s sole and absolute discretion: (i) the identity of
the third-party performing the role of CIC; (ii) the scope of the services to be performed for the project by the approved
CIC; and (iii) any other terms and conditions governing such services to be provided by the CIC. If flagging or other
special protective or safety measures are performed by an approved CIC, Contractor shall be solely responsible for (and
shall timely pay such CIC for) its services. Railroad reserves the right to rescind any approval pursuant to this Section 1,
Subsection C., in whole or in part, at any time, as determined in Railroad’s sole and absolute discretion.
D. If any flagging or other special protective or safety measures are performed by employees of Railroad
and/or any contractor of Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and
a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local
governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30)
days of Contractor's receipt of billing.
E. If any flagging or other special protective or safety measures are performed by Railroad or a CIC,
Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this agreement.
F. The provisions set forth in this subsection are only applicable for Flagging Services performed by
employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-
hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with labor agreements
and schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for
vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation,
supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual
payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One
and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times
current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad
and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency.
Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (o r
the governmental entity, as applicable) shall pay on the basis of the new rates and charges. If flagging is performed by
Railroad, reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is
furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event
reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work.
Exhibit A Page 32 of 50
Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to
work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by
Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time.
When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with
union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the
cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay
flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though
flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging
services are needed again after such five day cessation notice has been given to Railroad.
Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED
A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of
the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair,
renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other
wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be
freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or
damages.
B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and
including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and
extend the same, and is made without covenant of title or for quiet enjoyment.
Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.
A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use
and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's
lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be
done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations.
When not in use, Contractor's machinery and materials shall be kept at least fifty (50) feet from the centerline of Railroad's
nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings.
B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed
by Contractor caused by such railroad operations and work are expected by Contractor, and Contractor agrees that
Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall
coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The
safe operation of Railroad train movements and other activities by Railroad takes precedence over any work to be
performed by Contractor.
Section 4. LIENS.
Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by
Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be
created or enforced against any property of Railroad for any such work performed. Contractor shall indemnify and hold
harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any
way connected with or growing out of such work done, labor performed, or materials furnished. If Contractor fails to
promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at
Contractor's expense.
Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable
systems is of extreme importance since any break could disrupt service to users resulting in business interruption and
loss of revenue and profits. Contractor shall telephone Railroad during normal business hours (7:00 a.m. to 9:00 p.m.
Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency
calls) to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is,
Exhibit A Page 33 of 50
Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if
applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any work until all
such protection or relocation (if applicable) has been accomplished.
B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, CONTRACTOR SHALL
INDEMNIFY, DEFEND AND HOLD RAILROAD HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND
EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND
EXPENSES) ARISING OUT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS AGENTS AND/OR EMPLOYEES,
THAT CAUSES OR CONTRIBUTES TO (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS
SYSTEM ON RAILROAD'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY
OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR
EMPLOYEES, ON RAILROAD'S PROPERTY. CONTRACTOR SHALL NOT HAVE OR SEEK RECOURSE AGAINST
RAILROAD FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS
OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING
RAILROAD'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON
RAILROAD'S PROPERTY.
Section 6. PERMITS - COMPLIANCE WITH LAWS.
In the prosecution of the work covered by this agreement, Contractor shall secure any and all necessary permits
and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including,
without limitation, all applicable Federal Railroad Administration regulations.
Section 7. SAFETY.
A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution
of the work performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety,
operations and programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety
standards listed in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by Railroad's own
forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor determines that any
of Railroad's safety standards are contrary to good safety practices. Contractor shall furnish copies of Exhibit D to each
of its employees before they enter the job site.
B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from
safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health
aspects of the job.
C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services
may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational
Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees
while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence
of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of
any work.
D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan
for conducting the work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to
correct any deficiencies in the Safety Plan. The terms of this agreement shall control if there are any inconsistencies
between this agreement and the Safety Plan.
Section 8. INDEMNITY.
A. TO THE EXTENT NOT PROHIBITED BY APPLICABLE STATUTE, CONTRACTOR SHALL
INDEMNIFY, DEFEND AND HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS,
AGENTS AND EMPLOYEES (INDIVIDUALLY AN “INDEMNIFIED PARTY” OR COLLECTIVELY "INDEMNIFIED
PARTIES") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY, CLAIM, DEMAND, COST OR
EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S, CONSULTANT'S AND EXPERT'S FEES, AND
Exhibit A Page 34 of 50
COURT COSTS), FINE OR PENALTY (COLLECTIVELY, "LOSS") INCURRED BY ANY PERSON (INCLUDING,
WITHOUT LIMITATION, ANY INDEMNIFIED PARTY, CONTRACTOR, OR ANY EMPLOYEE OF CONTRACTOR OR
OF ANY INDEMNIFIED PARTY) ARISING OUT OF OR IN ANY MANNER CONNECTED WITH (I) ANY WORK
PERFORMED BY CONTRACTOR, OR (II) ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS OR
EMPLOYEES, OR (III) ANY BREACH OF THIS AGREEMENT BY CONTRACTOR.
B. THE RIGHT TO INDEMNITY UNDER THIS SECTION 8 SHALL ACCRUE UPON OCCURRENCE OF
THE EVENT GIVING RISE TO THE LOSS, AND SHALL APPLY REGARDLESS OF ANY NEGLIGENCE OR STRICT
LIABILITY OF ANY INDEMNIFIED PARTY, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE ACTIVE
NEGLIGENCE OF AN INDEMNIFIED PARTY AS ESTABLISHED BY THE FINAL JUDGMENT OF A COURT OF
COMPETENT JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY SHALL NOT BAR
THE RECOVERY OF ANY OTHER INDEMNIFIED PARTY.
C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY UNDER THIS
SECTION 8 FOR CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES. CONTRACTOR
WAIVES ANY IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR INDUSTRIAL INSURANCE ACTS
TO INDEMNIFY THE INDEMNIFIED PARTIES UNDER THIS SECTION 8. CONTRACTOR ACKNOWLEDGES THAT
THIS WAIVER WAS MUTUALLY NEGOTIATED BY THE PARTIES HERETO.
D. NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT TO ANY WORKER'S
COMPENSATION ACT OR THE FEDERAL EMPLOYERS' LIABILITY ACT AGAINST A PARTY TO THIS
AGREEMENT MAY BE RELIED UPON OR USED BY CONTRACTOR IN ANY ATTEMPT TO ASSERT LIABILITY
AGAINST ANY INDEMNIFIED PARTY.
E. THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE COMPLETION OF ANY WORK
PERFORMED BY CONTRACTOR OR THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. IN NO EVENT
SHALL THIS SECTION 8 OR ANY OTHER PROVISION OF THIS AGREEMENT BE DEEMED TO LIMIT ANY
LIABILITY CONTRACTOR MAY HAVE TO ANY INDEMNIFIED PARTY BY STATUTE OR UNDER COMMON LAW.
Section 9. RESTORATION OF PROPERTY.
In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb
any of the other property of Railroad in connection with the work to be performed by Contractor, then in that event
Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same
condition as the same were in before such fence was taken down or such other property was moved or disturbed.
Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly
upon completion of the work, restoring Railroad's property to the same state and condition as when Contractor entered
thereon.
Section 10. WAIVER OF DEFAULT.
Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept,
observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any
subsequent breach or default.
Section 11. MODIFICATION - ENTIRE AGREEMENT.
No modification of this agreement shall be effective unless made in writing and signed by Contractor and
Railroad. This agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding
between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements,
whether written or oral, with respect to the work to be performed by Contractor.
Section 12. ASSIGNMENT - SUBCONTRACTING.
Contractor shall not assign or subcontract this agreement, or any interest therein, without the written consent of
the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor
Exhibit A Page 35 of 50
commences any work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to
include the Contractor as "Additional Insured” on the subcontractor's Commercial General Liability policy and Umbrella or
Excess policies (if applicable) with respect to all liabilities arising out of the subcontractor's performance of work on behalf
of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or
substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial
General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing
equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile
Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute
form providing equivalent coverage) for the job site.
Exhibit A Page 36 of 50
EXHIBIT C
TO
CONTRACTOR'S
RIGHT OF ENTRY AGREEMENT
Union Pacific Railroad Company
Insurance Provisions For
Contractor’s Right of Entry Agreement
Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Projec t
work on Railroad’s property has been completed and the Contractor has removed all equipment and materials from
Railroad’s property and has cleaned and restored Railroad’s property to Railroad’s satisfaction, the following insurance
coverage:
A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than
$5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written
on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).
The policy must also contain the following endorsement, which must be stated on the certificate of insurance:
Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent
coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site.
Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute
form providing equivalent coverage) showing the project on the form schedule.
B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a
substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each
accident and coverage must include liability arising out of any auto (including owned, hired and non-owned
autos).
The policy must contain the following endorsements, which must be stated on the certificate of insurance:
Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute
form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site.
Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law.
C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to:
Contractor's statutory liability under the workers' compensation laws of the state where the work is being
performed.
Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit
$500,000 each employee.
If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be
provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones
Act, and the Outer Continental Shelf Land Act, if applicable.
D. Railroad Protective Liability insurance. Contractor must maintain "Railroad Protective Liability" (RPL)
insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on
behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of
$6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to
this agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall
provide this agreement to Contractor's insurance agent(s) and/or broker(s) and Contractor shall instruct such
agent(s) and/or broker(s) to procure the insurance coverage required by this agreement. A BINDER STATING
THE POLICY IS IN PLACE MUST BE SUBMITTED TO RAILROAD BEFORE THE WORK MAY COMMENCE
AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD.
Exhibit A Page 37 of 50
E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must “follow
form” and afford no less coverage than the primary policy.
F. Pollution Liability insurance. Pollution liability coverage must be included when the scope of the work as
defined in the agreement includes installation, temporary storage, or disposal of any "hazardous" material that is
injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time.
If required, coverage may be provided in separate policy form or by endorsement to Contractors CGL or RPL.
Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension
Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence
and an aggregate limit of $10,000,000.
If the scope of work as defined in this agreement includes the disposal of any hazardous or non-hazardous
materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance
maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with
coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000.
Other Requirements
G. All policy(ies) required above (except business automobile, worker’s compensation and employers liability) must
include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or
substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall
not be limited by Contractor's liability under the indemnity provisions of this agreement. BOTH CONTRACTOR
AND RAILROAD EXPECT THAT UNION PACIFIC RAILROAD COMPANY WILL BE PROVIDED WITH THE
BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL
INSURED FORMS CG 20 10 AND CG 20 37.
H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance),
unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this
agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed.
I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against
Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and
employers liability or commercial umbrella or excess liability obtained by Contractor required in this agreement
where prohibited by law. This waiver must be stated on the certificate of insurance.
J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a
duly authorized representative of each insurer, showing compliance with the insurance requirements in this
agreement.
K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current
Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the
work is being performed.
L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to
release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of
this agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the
amount of the required insurance coverage.
Exhibit A Page 38 of 50
EXHIBIT D
TO
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
MINIMUM SAFETY REQUIREMENTS
The term "employees" as used herein refer to all employees of Contractor as well as all employees of any subcontractor
or agent of Contractor.
I. Clothing
A. All employees of Contractor will be suitably dressed to perform their duties safely and in a manner that
will not interfere with their vision, hearing, or free use of their hands or feet.
Specifically, Contractor’s employees must wear:
(i) Waist-length shirts with sleeves.
(ii) Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be
tied to prevent catching.
(iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are
required to wear safety-toed footwear that conforms to the American National Standards Institute
(ANSI) and FRA footwear requirements.
B. Employees shall not wear boots (other than work boots), sandals, canvas-type shoes, or other shoes that
have thin soles or heels that are higher than normal.
C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while
operating or working on machinery.
II. Personal Protective Equipment
Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules,
regulations, or recommended or requested by the Railroad Representative.
(i) Hard hat that meets the American National Standard (ANSI) Z89.1 – latest revision. Hard hats should be
affixed with Contractor’s company logo or name.
(ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and
face protection, Z87.1 – latest revision. Additional eye protection must be provided to meet specific job
situations such as welding, grinding, etc.
(iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be
occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when
employees are within:
100 feet of a locomotive or roadway/work equipment
15 feet of power operated tools
150 feet of jet blowers or pile drivers
150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection –
plugs and muffs)
(iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face
shields, must be worn as recommended or requested by the Railroad Representative.
Exhibit A Page 39 of 50
III. On Track Safety
Contractor is responsible for compliance with the Federal Railroad Administration’s Roadway Worker Protection
regulations – 49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railroad
contractors are responsible for the training of their employees on such regulations. In addition to the instructions
contained in Roadway Worker Protection regulations, all employees must:
(i) Maintain a distance of twenty-five (25) feet to any track unless the Railroad Representative is present to
authorize movements.
(ii) Wear an orange, reflectorized workwear approved by the Railroad Representative.
(iii) Participate in a job briefing that will specify the type of On-Track Safety for the type of work being
performed. Contractor must take special note of limits of track authority, which tracks may or may not be
fouled, and clearing the track. Contractor will also receive special instructions relating to the work zone
around machines and minimum distances between machines while working or traveling.
IV. Equipment
A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the
opinion of the Railroad Representative, any of Contractor’s equipment is unsafe for use, Contractor shall
remove such equipment from Railroad’s property. In addition, Contractor must ensure that the operators
of all equipment are properly trained and competent in the safe operation of the equipment. In addition,
operators must be:
Familiar and comply with Railroad’s rules on lockout/tagout of equipment.
Trained in and comply with the applicable operating rules if operating any hy-rail equipment on-
track.
Trained in and comply with the applicable air brake rules if operating any equipment that moves
rail cars or any other railbound equipment.
B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up
warning device.
C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of
twenty-five (25) feet from any track. Before leaving any equipment unattended, the operator must stop
the engine and properly secure the equipment against movement.
D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane
and the minimum clearances to overhead powerlines.
V. General Safety Requirements
A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and
state regulations.
B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the
Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe
work procedures, (including On-Track Safety) and the potential hazards of the job. If any employee has
any questions or concerns about the work, the employee must voice them during the job briefing.
Additional job briefings will be conducted during the work as conditions, work procedures, or personnel
change.
C. All track work performed by Contractor meets the minimum safety requirements established by the
Federal Railroad Administration’s Track Safety Standards 49CFR213.
D. All employees comply with the following safety procedures when working around any railroad track:
Exhibit A Page 40 of 50
(i) Always be on the alert for moving equipment. Employees must always expect movement on any
track, at any time, in either direction.
(ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components.
(iii) In passing around the ends of standing cars, engines, roadway machines or work equipment,
leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces
of equipment of the opening is less than one car length (50 feet).
(iv) Avoid walking or standing on a track unless so authorized by the employee in charge.
(v) Before stepping over or crossing tracks, look in both directions first.
(vi) Do not sit on, lie under, or cross between cars except as required in the performance of your
duties and only when track and equipment have been protected against movement.
E. All employees must comply with all federal and state regulations concerning workplace safety.
Exhibit A Page 41 of 50
{00117342.2}
LICENSE FOR
Sidewalks/Pathways on the South Side of Rand Road, Des Plaines, Illinois
at AAR/DOT #689677V
THIS AGREEMENT, made and entered into as of the ___ day of _________,
2019, by and among the WISCONSIN CENTRAL LTD.(hereinafter referred to as
"Railroad") whose mailing address is 17641 S. Ashland Avenue, Homewood, Illinois
60430-1345, the CITY OF DES PLAINES, Illinois, an Illinois body corporate and politic,
acting by and through its Board ("City") whose mailing address is xxxx. xxxxxxxx,
xxxxxx, xxx xxxxxx.
W I T N E S S E T H:
IN CONSIDERATION of the mutual covenants and agreements herein set forth,
Railroad, insofar as it lawfully may, does hereby grant unto the City a right or license to
construct, maintain and use a Sidewalk/Pathway Crossing that varies from 8 to 12 feet
in width, upon, over and across the property or right-of-way of the Railroad for the
sidewalk crossing on the south side of Rand Road (including the track located thereon)
at railroad milepost of approximately MP 24.05 on Waukesha Subdivision as shown on
Print A, attached hereto and made a part hereof,
UPON AND SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
1. DEFINITIONS.
(a) Railroad's Property. "Railroad's Property" shall mean the property
shown on the attached print, to the extent owned by Railroad, whether owned in
full ownership or as a servitude, easement, or right-of-way, including Railroad's
track, the land on which the track is situated, and any adjacent land of Railroad
on either side of the track.
(b) License. "License" shall mean the right granted by Railroad to the
City to construct and maintain and use a Sidewalk/Pathway, under the terms and
conditions set forth hereinafter.
(c) License Area. "License Area" shall mean that portion of Railroad's
Property over and across which the License is granted. The License Area
extends from one edge of the Railroad's Property across the track to the opposite
edge of the Railroad's Property and measures a distance of approximately ten
(10) feet in width on either side of the center line of the Sidewalk/Pathway, all as
more fully shown on the attached Print A.
Exhibit B Page 42 of 50
2
{00117342.2}
(d) Sidewalk/Pathway. "Sidewalk/Pathway" shall mean the
sidewalk/pathway approaches on either side of the Crossing Proper within the
License Area including that portion between tracks where multiple tracks exist.
(e) Crossing Proper. "Crossing Proper" shall mean that portion of
the License Area encompassing an area from end-of-tie to end-of-tie of an
individual set of tracks.
(f) City's Property. "City's Property" shall mean the property of the City to
and from which the License provides ingress and egress for the City's benefit and
use.
(g) Cost. "Cost" shall mean the actual cost of labor, equipment and
materials plus Railroad's then current customary additives for overhead and other
indirect costs necessary to complete the work performed by the Railroad as set
forth in Section 4 of this Agreement.
2. USE.
(a) The License shall only affect and burden the License Area and no
other portion of Railroad's Property, and the Sidewalk/Pathway and Crossing
Proper shall be constructed, located, and maintained entirely within the License
Area. The City shall have no right to use or cross any other portion of Railroad's
Property or to use the Sidewalk/Pathway and Crossing Proper for any purposes
other than as expressly permitted herein, and the City, as a further consideration,
cause, and condition without which this License would not have been granted,
agree to restrict its and the public’s use to those purposes and then only to said
location and no other for crossing the Railroad's Property, including the track.
(b) The City shall not do or permit to be done any act which will in any
manner interfere with, limit, restrict, obstruct, damage, interrupt, or endanger
Railroad's operations or facilities; provided, however, that the City and Railroad
may agree on scheduled limits, restrictions, obstructions or interrupts required for
construction and/or maintenance of the Sidewalk/Pathway.
(c) Vehicles prohibited from multi-use trails shall not be used on the
Sidewalk/Pathway.
3. TERM.
(a) This License shall become effective as of the date first written above
and shall continue in effect thereafter until terminated in one of the manners set
forth below:
Exhibit B Page 43 of 50
3
{00117342.2}
(i) Any party may at any time give the other parties written notice of
termination specifying the date on which termination shall be effective,
provided that such notice shall be delivered at least sixty (60) days in
advance of the proposed date of termination. It is hereby agreed and
understood that Railroad will not exercise its right herein to terminate this
Agreement in the absence of any failure by the City to comply with the terms
and conditions of this Agreement. In the event that the City fails or refuses
to comply with any of the terms or conditions of this Agreement, Railroad
shall notify City in writing of the default and the City shall have sixty (60)
days to correct said default. If after the said sixty (60) days the City still fails
or refuses to cure said default, Railroad shall then have the right to
terminate this Agreement at once;
(ii) This License shall terminate through non-use or in any other manner
provided by law. For the purposes of this Subsection (ii), “non-use” will
occur upon City notifying the Railroad in writing that the City intends to
abandon the Sidewalk/Pathway.
(b) Unless the parties mutually agree in writing to leave the
Sidewalk/Pathway and Crossing Proper in place after termination, the termination
of this Agreement shall not be effective until all removal and restoration is
complete. Termination of this Agreement shall not release the City and/or the
Railroad from any liability or responsibility and duty which accrued prior to such
termination, removal and restoration.
4. CONSTRUCTION. The construction of the Sidewalk/Pathway,
including installing asphalt between between multiple tracks where multiple
tracks exist, including the necessary grading, culverts and drainage on each side
of the Railroad's track, shall be performed by the City at its own risk and
expense, and to the satisfaction of the Railroad's authorized representative. Any
contractor working on the Railroad property would be required to enter into the
standard Railroad Right of Entry Agreement. The Railroad will install the
Crossing Proper over its track(s), from end-of-tie to end-of-tie, and install the
track ties and rubber surface. The Railroad will also install flashing signals and
lights and pedestrian gates, and make all adjustments required in Railroad
facilities, if any, at City's sole expense.
5. NOTIFICATION OF OTHER PARTY.
(a) At least ten (10) days prior to entering upon the Sidewalk/Pathway for
the purpose of performing any construction or maintenance work hereunder, the
City shall notify Railroad's Senior Engineering Manager in writing of the type of
work to be performed and the date such work will commence. The notice shall
be sent to the following address:
Exhibit B Page 44 of 50
4
{00117342.2}
Senior Engineering Manager
WISCONSIN CENTRAL LTD.
17641 South Ashland Avenue
Homewood, IL 60430
6. SIGHTING AT CROSSING. THE CITY SHALL KEEP EACH
QUADRANT OF THE INTERSECTION OF THE SIDEWALK/PATHWAY WITH
RAILROAD'S TRACK WITHIN THE LICENSE AREA FREE OF BUSHES,
TREES, WEEDS, VEGETATION, AND ALL OTHER OBSTRUCTIONS OF ANY
KIND THAT COULD INTERFERE WITH A PERSON SIGHTING AN
APPROACHING TRAIN.
7. RAISING WIRE LINES. If it should be necessary during construction
to raise any wires on Railroad's property not belonging to Railroad to provide
safe clearance for vehicles, the City shall make all arrangements therefor at its
own sole risk and expense.
8. MAINTENANCE. The City shall, at its own risk and expense, maintain
said Sidewalk/Pathway in good and safe condition commensurate with its
intended use. The Railroad shall be responsible for the routine maintenance
costs associated with the pedestrian gates, lights, and the crossing surfaces. The
City shall be responsible for all repair costs associated with any damage or
vandalism to the pedestrian gates and lights.
9. CROSSING TO BE KEPT FREE OF DEBRIS. The City shall, to the
extent reasonably possible, at all times during the term of this Agreement, keep
the Railroad's track at the intersection of the Sidewalk/Pathway and Crossing
Proper and within the License Area free of dirt, rocks, snow, ice or other debris or
obstructions of any kind, and will not permit any condition which might interfere
with the safe and efficient operation of trains over the Crossing Proper, or which
might damage equipment or facilities belonging to Railroad or others, or which
might constitute a safety hazard of any kind. If at any time the City shall fail to do
so, Railroad may, at its option, remove any dirt, rocks, debris or obstructions, and
the City will reimburse Railroad the cost thereof pursuant to those terms and
conditions set forth in Paragraph 17 hereof. If the continued or repeated
presence of dirt, rocks, debris or obstructions should, in the opinion of Railroad,
create an operating hazard, Railroad may keep a flagman on duty at the City's
expense until such condition is corrected in a manner reasonably satisfactory to
Railroad, or at its option may immediately terminate this Agreement.
10. TEMPORARY GATES AND FLAGGING. (a) During construction: The
City shall, at its own risk and expense, install and maintain any temporary gate or
other barrier which Railroad indicates is reasonably necessary and shall keep the
Exhibit B Page 45 of 50
5
{00117342.2}
gates closed until the Sidewalk/Pathway is open for public use. Railroad shall, at
the City‘s risk and expense, provide whatever flag protection Railroad shall
indicate is necessary, and the City shall pay the cost thereof upon receipt of a
bill. It is further understood and acknowledged by the City that Railroad has no
obligation or duty to determine the need for any gate or other barrier or the need
for flag protection. (b) After construction maintenance activities: The City shall, at
its own risk and expense, install and maintain any temporary gate or other barrier
which Railroad indicates is reasonably necessary during the City’s maintenance
of the Sidewalk/Pathway to protect the public. Railroad shall, at the City‘s risk
and expense, provide whatever flag protection Railroad shall indicate is
necessary, and the City shall reimburse the Railroad the cost thereof pursuant to
those terms and conditions set forth in Paragraph 18 hereof. It is further
understood and acknowledged by the City that Railroad has no obligation or duty
to determine the need for any gate or other barrier or the need for flag protection.
11. SIGNS, SIGNALS AND WARNING DEVICES.
(a)The City acknowledges that Railroad has no obligation or duty to give
audible warning of the approach of a train, nor erect whistle posts, nor reduce the
speed of its trains, nor alter its operations in any manner, owing to the presence
or existence of the Sidewalk/Pathway and crossing proper or other use or
exercise of the right or license granted herein. The Illinois Commerce
Commission entered an order in Docket Number T18-0098 requiring that, in
conjunction with the installation of the Sidewalk/Pathway, existing warning
devices should be upgraed to include pedestrian gates. The Illinois Commerce
Commission will determine if any additoinal signs, signals or other warning
devices are necessary or appropriate for the safety of persons using the License
Area and specifically acknowledges that Railroad has no obligation or duty
whatever to make any such determination. If the installation of any signs, signals
or warning devices on the License Area is presently or hereafter required by law
or by competent public authority, or is otherwise requested by the City, same
shall conform to any then currently applicable practices of the Railroad for such
devices as to design, material and workmanship and all costs incurred by the
Railroad related to the installation and upgrading thereof shall be solely borne by
the City.
(b) The Crossing Proper and the Sidewalk/Pathway shall be subject to the
terms and conditions set forth in that certain Agreed Order, based upon the draft
License Agreement, and prepared by the Illinois Commerce Commission relative
to case number T18-0097, marked Group Exhibit B, and such additional orders
as may be entered by the Illinois Commerce Commission relative to this Project,
and understood by the parties to be part of this Agreement.
Exhibit B Page 46 of 50
6
{00117342.2}
12. INDEMNITY. As a further consideration for the License herein
granted, and as a condition without which the License would not have been
granted, (a) the City agrees to defend, indemnify and save harmless Railroad
and its officers, employees and agents, from and against any and all claims,
demands, actions and causes of action, and to assume all risk, responsibility and
liability (including all liability for expenses, attorney's fees and costs incurred or
sustained by Railroad, whether in defense of any such claims, demands, actions
and causes of action or in the enforcement of the indemnification rights hereby
conferred), for death of or injury to any and all persons, including but not limited
to the officers, employees, agents, patrons, invitees and licensees of the parties
hereto, and for any and all loss, damage or injury to any property whatsoever,
including but not limited to that belonging to or in the custody and control of the
parties hereto, in whole or in part attributable to the City’s negligence in its
construction of the Sidewalk/Pathway.
(b) the City agrees to defend, indemnify and save harmless Railroad and its
officers, employees and agents, to the extent permitted by law, from and against
any and all claims, demands, actions and causes of action, and to assume all
risk, responsibility and liability (including all liability for expenses, attorney's fees
and costs incurred or sustained by Railroad, whether in defense of any such
claims, demands, actions and causes of action or in the enforcement of the
indemnification rights hereby conferred), for death of or injury to any and all
persons, including but not limited to the officers, employees, agents, patrons,
invitees and licensees of the parties hereto, and for any and all loss, damage or
injury to any property whatsoever, including but not limited to that belonging to or
in the custody and control of the parties hereto, in whole or in part attributable to
the City’s negligence in its maintenance of the Sidewalk/Pathway.
(c) Nothing contained in this Agreement shall be construed or deemed to
diminish or constitute a waiver or relinquishment of the rights, privileges,
defenses and immunities available or afforded to either Party under the Illinois
Local Government and Governmental Employee’s Tort Immunity Act or under
other State statutes affording similar protections.
13. INSURANCE.
Before commencing work, and for the period of time specified in Section 3
herein, the City shall provide and maintain the following insurance:
a. Statutory Workers Compensation and Employer’s Liability Insurance;
b. Automobile Liability in an amount not less than $1,000,000 dollars
combined single limit;
c. Comprehensive General Liability (claims form) in an amount not less than
$5,000,000 combined single limit, $10,000,000 annual aggregate. The policy
Exhibit B Page 47 of 50
7
{00117342.2}
must name Wisconsin Central Ltd. as an Additional Insured and must not
contain any exclusions related to doing business on, near, or adjacent to
railroad facilities.
Before commencing work, the City shall deliver to the Railroad a certificate of
insurance evidencing the foregoing coverage and upon request the LICENSEE
shall deliver a certified, true and complete copy of the policy or policies. The
policies shall provide for not less than ten (10) days prior written notice to
LICENSOR of cancellation of or any material change in the policies and shall
contain the waiver of right of subrogation.
It is further understood and agreed that, so long as the Agreement shall remain
in force or the Sidewalk/Pathway shall have been removed (whichever shall be
later), the coverage limits required herein will be increased as the City increases
the limits of the coverage it already carries, without further written amendment to
this Agreement. In addition, if any claim is made against LICENSOR relating to
the Pedestrian Crossing where it is reasonably probable that the recovery will
exceed the then-current limits of the coverages stated above, the parties will
negotiate in good faith to revise the limits stated above to insure up to 110% of
the amount of the reasonably probable recovery. The LICENSEE will use
reasonable diligence to increase the limits of the relevant policy(ies).
If a contractor is to be employed by the City for the installation or maintenance
of the approaches to the Sidewalk/Pathway on the License Area, then before
commencing work, the contractor shall provide and maintain the following
insurance, in form and amount and with companies satisfactory to and as
approved by the Railroad.
Statutory Workers’ Compensation and Employer’s Liability Insurance.
Automobile Liability in an amount not less than $1,000,000 dollars combined
single limit.
An Occurrence Form Railroad Protective Policy (so long as reasonably
commercially available, and if not, the parties will negotiate reasonable terms to
allow a Claims Made Policy) with limits of not less than $5,000,000 dollars per
occurrence for Bodily Injury Liability, Property Damage Liability and Physical
Damage to Property with $10,000,000 dollars aggregate for the term of the
policy with respect of Bodily Injury Liability, Property Damage Liability and
Physical Damage to Property. The policy must name Wisconsin Central Ltd. as
the insured and shall provide for not less than ten (10) days prior written notice
to LICENSOR of cancellation of, or any other material change in, the policy.
Exhibit B Page 48 of 50
8
{00117342.2}
14. REMOVAL OF SIDEWALK/PATHWAY AND CROSSING PROPER.
Prior to termination of this Agreement, the City shall remove its
Sidewalk/Pathway from License Area (except for the Crossing Proper located
between the ends of ties) and restore the License Area, as near as may be, to its
former condition insofar as such restoration may in the opinion of Railroad's duly
authorized representative be practical, all at City's sole risk and expense. If after
Termination, the City fails to so remove and restore the License Area after 30
days’ notice from Railroad, Railroad shall have the right, but not the obligation, to
do so at the City's sole risk and expense. The City shall pay the cost of any work
performed by Railroad pursuant to this Section 14 upon presentation of a bill.
Railroad shall have the right to require the City to deposit the estimated cost of
any or all removal or restoration work involving the Sidewalk/Pathway and/or
Crossing Proper or to furnish an acceptable performance bond in such amount
upon execution of this Agreement or at any time thereafter to assure complete
performance under this Section.
15. ASSIGNMENT. The City shall not have the right to assign this
Agreement without first obtaining the consent in writing of the Railroad, which
consent will not be unreasonably withheld.
16. TAXES. Pursuant to those terms and conditions set forth in
Paragraph 17 hereof, the City shall pay all taxes, general and special, license
fees or other charges which may become due or which may be assessed against
that portion of the premises of the Railroad identified herein as the License Area
because of the construction, existence, operation or use of said Pathway and
Crossing Proper, and shall reimburse the Railroad for any such taxes, license
fees or other charges which may otherwise be the responsibility of the Railroad
to pay.
17. BILLS. For all bills submitted by the Railroad to the City pursuant to
the terms of this Agreement, the City will comply with the Illinois Local
Government Prompt Payment Act.
18. ENFORCEABILITY. In the event that any parts, sections or other
portions of this Agreement are found unenforceable under the applicable law of
any courts having jurisdiction over this Agreement, the remaining parts, sections
or other portions thereof and the enforcement of same shall not be affected and
shall otherwise remain in full effect and enforceable.
19. This Agreement will be governed by the laws of the State of Illinois and
venue shall be in Cook County, Illinois. Any future change or modification of this
Agreement must be in writing and signed by the parties hereto except for the City
if it has no further obligations under this Agreement.
Exhibit B Page 49 of 50
9
{00117342.2}
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate as of the date first above written.
WISCONSIN CENTRAL LTD.
By __________________________________
Chad Anderson
Regional Chief Engineer
CITY OF DES PLAINES
ATTEST:
By:
City Manager
City Clerk
Date:
Exhibit B Page 50 of 50
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF DES PLAINES, ILLINOIS HELD VIA ZOOM VIDEO
CONFERENCE ON MONDAY, NOVEMBER 16, 2020
CALL TO
ORDER:
The regular meeting of the City Council of the City of Des Plaines, Illinois, was called
to order by Mayor Bogusz at 7:00 p.m. The meeting was lived-streamed via:
http://desplaines.org/accessdeplaines and played on DPTV Channel 17 on Monday,
November 16, 2020.
ROLL CALL: Roll call indicated the following Aldermen present: Lysakowski, Moylan, Rodd,
Zadrozny, Brookman, Chester, Smith, Goczkowski. A quorum was present.
Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski,
Director of Public Works and Engineering Oakley, Community and Economic Development Director
McMahon, Fire Chief Anderson, Police Chief Kushner, and General Counsel Friedman.
PRAYER AND
PLEDGE:
The prayer was offered by Mayor Bogusz followed by the Pledge of Allegiance offered
by Alderman Rodd.
Mayor Bogusz announced that New Business Item 2b, Consideration of a Preliminary
Planned Unit Development, Tentative Plat of Subdivision, Map Amendment and
Conditional Use for the Proposed Construction of a 449 unit Multiple Family
Residential Development with a Freestanding Commercial Our-Lot in the M-1 Zoning
District t 414 E. Golf Road, Ordinance Z-23-20 is postponed to allow additional time
for the developer to meet with nearby residents. Moved by Rodd, seconded by
Goczkowski to postpone New Business Item 2b. Upon roll call the vote was:
AYES: 8 - Lysakowski, Moylan, Rodd, Zadrozny
Brookman, Chester, Smith, Goczkowski
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR
ROHRBACH MEMORIAL COUNCIL CHAMBERS DES PLAINES CIVIC
CENTER, MONDAY, NOVEMEBER 16, 2020
PUBLIC
HEARING/
PROPOSED 2020
PROPERTY TAX
LEVY:
Mayor Bogusz called the Proposed 2020 Property Tax Levy Public Hearing to order at
7:04 p.m.
Each year the City complies with the Illinois Truth in Taxation Act (ITTA)
requirements as it pertains to the issuance of the property tax levy. The ITTA requires
the City to provide notice and conduct a public hearing if the proposed aggregate levy
is 5% or more than the previous year’s property tax extension. Under the ITTA, the
City would be prohibited from levying any amount greater than 5% of the previous
year’s property tax extension if we failed to comply with this specific notice and
hearing provisions.
The 2020 Tax Levy, which includes the general fund, police and fire pension funds,
public library fund, and bond & interest fund, totals $30,589,150. This represents a
decrease of $917,675, or -2.91% from the 2019 Property Tax Extension.
Page 1 of 7
CONSENT AGENDA #6.
Page 2 of 6 11/16/20
Since the 2020 estimated aggregate levy is below the 5% of the 2019 property tax
extension, the City is not required to publish a legal notice and hold a public hearing.
However, a legal notice was published and a public hearing is being conducted as it
provides the City Council with increased flexibility in determining the 2020 property
tax levy amount and more opportunity for public input.
Section 18-15 of the Illinois Property Tax Code requires that the City adopt a tax levy
ordinance and file it with the County Clerk’s office by December 29, 2020.
Moved by Brookman, seconded by Chester, to Approve Ordinance M-31-20, AN
ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK
COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2021
AND ENDING DECEMBER 31, 2021. Upon roll call, the vote was:
.AYES: 8 - Lysakowski, Moylan, Rodd, Zadrozny
Brookman, Chester, Smith, Goczkowski
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
With no public comment, Mayor Bogusz adjourned the Public Hearing at 7:08 p.m.
PUBLIC
COMMENT:
The City of Des Plaines continues to follow social distancing requirements. In response
to the risks created by the COVID-19 outbreak, Governor Pritzker issued Executive Order
2020-07 on March 16, 2020, suspending the Open Meetings Act provision relating to in -
person attendance by the members of the public body. Tonight’s meeting is allowed to be
conducted via video conferencing.
Public comments were allowed to be e-mailed to publiccomments@desplaines.org or
phoned in to the City Clerk’s Office by 5:00 pm on November 16, 2020.
Public comments that were received were distributed to the City Council prior to
tonight’s meeting and are included as Exhibit A.
MAYORAL
ANNOUNCEMENT
On March 16, 2020, a Declaration of Civil Emergency for the City of Des Plaines
related to the COVID-19 emergency was authorized. The Declaration provided that:
(1) the City may enter into contracts for the emergency purchase of goods and services;
(2) the City Manager may implement emergency staffing protocols pursuant to the
City’s respective collective bargaining agreements; and (3) directed City officials and
employees to cooperate with other government agencies.
In accordance with Illinois statutes, the Mayor’s Declaration lasted only for a period
of seven days, unless it was extended by action of the City Council. At each
subsequent City Council meeting, the City Council, by motion, extended the
Declaration until the next adjournment of the next special or City Council meeting.
This extension of the Declaration includes Mayor Bogusz’s Supplemental Order dated
July 29, 2020.
Moved by Goczkowski, seconded by Moylan, to extend the Mayor’s March 16, 2020
Declaration of Civil Emergency until the adjournment of the next regular, special, or
emergency meeting of the City Council. Upon roll call, the vote was:
Page 2 of 7
Page 3 of 6 11/16/20
AYES: 8 - Lysakowski, Moylan, Rodd, Zadrozny
Brookman, Chester, Smith, Goczkowski
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
CONSENT
AGENDA:
Moved by Chester, seconded by Rodd, to establish the Consent Agenda. Upon voice
vote, the vote was:
AYES: 8 - Lysakowski, Moylan, Rodd, Zadrozny
Brookman, Chester, Smith, Goczkowski
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
Moved by Rodd, seconded Chester, to approve the Consent Agenda. Upon roll call,
the vote was:
AYES: 8 - Lysakowski, Moylan, Rodd, Zadrozny
Brookman, Chester, Smith, Goczkowski
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
Minutes were approved; Ordinance M-30-20 was approved; Resolutions R-190-20,
R-191-20, R-192-20 were adopted.
APPROVE CITY
CODE
AMENDMENT/
CLASS A LIQUOR
LICENSE:
Moved by Rodd, seconded by Chester, to Approve Ordinance M-30-20, AN
ORDINANCE AMENDING THE CITY CODE TO ADD ONE CLASS "A" LIQUOR
LICENSE. Motion declared carried as app roved unanimously under Consent Agenda.
APPROVE
AGMTS/
CDBG FUNDS PY
2020:
Consent Agenda
Resolution
R-190-20
Moved by Rodd, seconded by Chester, to Approve Resolution R-190-20, A
RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENTS WITH
SUBRECIPIENTS OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
Motion declared carried as approved unanimously under Consent Agenda.
APPROVE AGMT/
CDW
GOVERNMENT,
INC:
Consent Agenda
Resolution
R-191-20
Moved by Rodd, seconded by Chester, to Approve Resolution R-191-20, A
RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS UNDER AN
AGREEMENT WITH CDW GOVERNMENT, INC. Motion declared carried as
approved unanimously under Consent Agenda.
Page 3 of 7
Page 4 of 6 11/16/20
APPROVE
PURCHASE/FIRE
DEPARTMENT
UNIFORMS:
Consent Agenda
Resolution
R-192-20
Moved by Rodd, seconded by Chester, to Approve Resolution R-192-20, A
RESOLUTION AUTHORIZING THE PURCHASE OF FIRE DEPARTMENT
UNIFORMS FROM ON TIME EMBROIDERY, INC. Motion declared carried as
approved unanimously under Consent Agenda.
APPROVE
MINUTES:
Consent Agenda
Moved by Rodd, seconded by Chester, to approve the Minutes of the Special City
Council meeting of October 26, 2020, as published. Motion declared carried as
approved unanimously under Consent Agenda
APPROVE
MINUTES:
Consent Agenda
Moved by Rodd, seconded by Chester, to approve the Minutes of the Special City
Council meeting of October 28, 2020, as published. Motion declared carried as
approved unanimously under Consent Agenda
APPROVE
MINUTES:
Consent Agenda
Moved by Rodd, seconded by Chester, to approve the Minutes of the City Council
meeting of November 2, 2020, as published. Motion declared carried as approved
unanimously under Consent Agenda
APPROVE
MINUTES:
Consent Agenda
Moved by Rodd, seconded by Chester, to approve the Minutes of the Closed Session
City Council meeting of November 2, 2020, as published. Motion declared carried as
approved unanimously under Consent Agenda.
NEW BUSINESS:
FINANCE & ADMINISTRATION – Alderman Chester, Chairman
WARRANT
REGISTER:
Resolution
R-193-20
Moved by Chester, seconded by Rodd, to approve the Warrant Register of
November 16, 2020 in the Amount of $3,933,548.52 and approve Resolution
R-193-20. Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Rodd, Zadrozny
Brookman, Chester, Smith, Goczkowski
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
COMMUNITY DEVELOPMENT – Alderman Rodd, Chairman
CONSIDER COOK
COUNTY CLASS
6B/1794 S.
WINTHROP
DRIVE:
Resolution
R-194-20
Chicago Industrial Portfolio Owner LLC, owner of 1794 S. Winthrop Drive, has filed
a Class 6b Property Tax Incentive Application, which requests a new Class 6b property
tax incentive, based on abandoned property with special circumstances and substantial
rehabilitation.
The new proposed tenant is Kranze Technology Solutions, Inc. (KTS). KTS provides
contract support services, design, development, and manufacturing/assembly of
Digital Interoperability equipment for the US Armed Forces. KTS’s primary customers
have been the United States Marine Core and Special Operations Command, to which
Page 4 of 7
Page 5 of 6 11/16/20
they provide a range of services from test and evaluation of Infrared Countermeasure
Systems to design and development of encrypted aviation networking solutions. KTS
designs and develops all software for these devices on site.
This building was last occupied by Metsovo Banking Company in 2016, and has been
vacant since. Since 2019, the Applicant has invested almost $1,000,000 in repairs and
upgrades to the facility to make it suitable for an industrial user.
Should the Class 6b be approved, the subject property would generate approximately
$1,611,655 additional real estate taxes over the life of the Class 6b Tax Incentive.
Staff recommended that the City Council approve Resolution R-194-20.
Moved by Brookman, seconded by Rodd, to Approve Resolution R-194-20, A
RESOLUTION SUPPORTING AND CONSENTING TO APPROVAL OF CLASS
6B CLASSIFICATION FOR THE PROPERTY LOCATED AT 1794 S WINTHROP
DRIVE, DES PLAINES, IL. Upon roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Rodd, Zadrozny
Brookman, Chester, Smith, Goczkowski
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried.
PRELIMINARY
PUD/TENTATIVE
PLAT OF
SUBDIVISION,
MAP
AMENDMENT
AND CU/
414 E GOLF
ROAD:
Consideration of a Preliminary Planned Unit Development, Tentative Plat of
Subdivision, Map Amendment and Conditional Use for the Proposed Construction of
a 449 unit Multiple Family Residential Development with a Freestanding Commercial
Our-Lot in the M-1 Zoning District t 414 E. Golf Road, Ordinance Z-23-20 was
postponed.
LEGAL & LICENSING – Alderman Brookman, Chairman
DISCUSSION OF
GOVENOR
PRITZKER’S
EXECUTIVE
ORDER:
On October 27, 2020 Governor Pritzker enacted Executive Order 2020-63 which
included a ban on indoor consumption in bars and restaurants.
Alderman Brookman expressed her opposition of the City’s position to enforce
Governor Pritzker’s recent executive order citing reasons of the accuracy of COVID
testing, the hardship on the businesses and the strain on the Police Department.
Restaurant owners expressed their opposition to the enforcement. The restaurant
owners are following guidelines of social distancing, requiring masks and sanitizing
and if enforcement of the executive order is followed many businesses will have a
difficult time paying their bills and may have to close their business.
General Counsel Friedman stated that the city has the authority to enforce the
governor’s order, however is not obligated.
Page 5 of 7
Page 6 of 6 11/16/20
Several elected officials expressed that while they understood that this is an
unfortunate circumstance they support enforcement of the executive order due to health
and safety.
Moved by Brookman to acknowledge the governor’s order, but not enforce it due to
the scarce resources the city has being down nine police officers.
A consensus for the motion was taken by show of hands; the vote was:
AYES: 4 - Lysakowski, Zadrozny, Brookman, Chester
NAYS: 4 - Moylan, Rodd, Smith, Goczkowski
ABSENT: 0 - None
No consensus.
Motion by Smith, seconded by Goczkowski to continue to enforce as directed; to issue
two warnings, violations in the amounts of $250/$500/$750 and potentially suspend
the establishment’s liquor license.
Substitute motion to amend, moved by Brookman, seconded by Lysakowski to
acknowledge the governor’s order, but not enforce it due to the scarce resources the
city has being down nine police officers. Upon roll call, the vote was:
AYES: 4 - Lysakowski, Zadrozny, Brookman, Chester
NAYS: 5 - Moylan, Rodd, Smith, Goczkowski, Bogusz
ABSENT: 0 - None
Motion failed.
Motion by Smith, seconded by Goczkowski to continue to enforce as directed, to issue
two warnings, violations in the amounts of $250/$500/$750 and potentially suspend
the liquor license. Upon roll call, the vote was:
AYES: 5 - Moylan, Rodd, Smith, Goczkowski, Bogusz
NAYS: 4 - Lysakowski, Zadrozny, Brookman, Chester
ABSENT: 0 - None
Motion declared carried.
ADJOURNMENT: Moved by Brookman, seconded by Smith to adjourn the City Council meeting. Upon
roll call, the vote was:
AYES: 8 - Lysakowski, Moylan, Rodd, Zadrozny
Brookman, Chester, Smith, Goczkowski
NAYS: 0 - None
ABSENT: 0 - None
Motion declared carried. The meeting adjourned at 9:07 p.m.
Jennifer L. Tsalapatanis – City Clerk
APPROVED BY ME THIS
DAY OF , 2020
______________________________
Matthew J. Bogusz, MAYOR
Page 6 of 7
Public Comments
From:
Sent:
To:
Subject:
Bob
Friday, November 13, 2020 3:43 PM
Public Comments
Proposed Cumberland Crossing Development
Dear Mayor Bogusz and Alderpeople,
Yesterday I received a poorly written circular at my door urging you all to vote no
on the proposed Cumberland Crossing Development.at Golf and Wolf Roads, for
a variety of reasons. However, I am actually asking you to vote YES on the
proposed Cumberland Crossing Development.
As a resident of the 7th Ward, I believe that this project adds value to the city over
the blighted, empty pillow factory. Its proximity to the train will attract many
people who would travel inbound to Chicago for work and/or leisure, or even to
ride one stop into Downtown Des Plaines for shopping and entertainment. The
proximity to the Cumberland Corridor would even bring people across Northwest
Highway to enjoy the amenities of the Cumberland Corridor and the Frisbee
Senior Center, as well, and its proximity to Mariano's and Walgreen's will provide
enhanced shopping experiences for its residents. The project plans look beautiful,
and I believe would enhance the residential quality of living in the neighborhood.
In summary, please consider voting YES on the proposed Cumberland Crossing
Development. Thank you for your service to the city and your consideration.
Best regards,
Robert L. Chapman
167 Cambridge Road
Des Plaines, IL 60016
Sent from my iPad
1
Exhibit A Page 7 of 7
FINANCE DEPARTMENT
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5300
desplaines.org
Date: November 24, 2020
To: Michael G. Bartholomew, City Manager
From: Dorothy Wisniewski, Assistant City Manager/Director of Finance
Subject: Resolution R-198-20, December 7, 2020 Warrant Register
Recommendation: I recommend that the City Council approve the December 7, 2020 Warrant Register
Resolution R-198-20.
Warrant Register……………………………$3,453,473.43
MEMORANDUM
Estimated General Fund Balance
Balance as of 10/31/2020: $29,248,401
Please use caution when evaluating this number as
revenues fluctuate dramatically from month to month
due to delays in receiving sales tax revenue from the
State and 1st & 2nd installments of property tax revenue.
Page 1 of 36
NEW BUSINESS #1A.
CITY OF DES PLAINES
RESOLUTION
R-198-20
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.
December 7, 2020
Page 2 of 36
Line #Vendor Invoice Invoice Description Amount
1 4160 Real Estate Transfer
Tax
8303 Trivedi & Khan PC Refund 11/02/20 Real Estate Transfer Tax
Refund 11/02/2020
340.00
2 4630 Resident Ambulance
Fees
1459 Blue Cross Blue Shield
of Illinois
DPIL-200024294:1 Medical Reimbursement DOS
06/30/2020
1,573.50
1,913.50
3 6000 Professional Services 7692 Advantage
Government Strategies LLC
1956 Lobbyist Services - October
2020 - R-208-19
5,000.00
4 6000 Professional Services 1016 Alfred G Ronan LTD November 2020 Lobbyist Services November
2020 R-166-19
5,000.00
5 7000 Office Supplies 1644 Warehouse Direct Inc 4814619-0 2021 Appointment Book 19.13
10,019.13
6 6100 Publication of Notices 1050 Journal & Topics
Newspapers
184505 Legal Notice - Tax Levy
11/04/2020
320.80
7 6100 Publication of Notices 1050 Journal & Topics
Newspapers
184618 Legal Notice - Oakton Water
Painting 11/11/2020
103.86
8 7200 Other Supplies 1046 Hinckley Spring Water
Co
2533573 111020 Water Supply Delivered
10/15/2020
23.27
447.93
10,467.06
9 7200 Other Supplies 1046 Hinckley Spring Water
Co
2533573 111020 Water Supply Delivered
10/15/2020
44.74
44.74
10 6005 Legal Fees 8133 Elrod Friedman LLP 2223 10-20 Non-Retainer Matters 450.00
11 6005 Legal Fees 8133 Elrod Friedman LLP 2239 10-20 Non-Retainer Litigation 228.00
12 6005 Legal Fees 8133 Elrod Friedman LLP 2240 10-20 Non-Retainer Litigation 535.50
13 6005 Legal Fees 8133 Elrod Friedman LLP 2243 10-20 Non-Retainer Matters 1,624.50
14 6005 Legal Fees 8133 Elrod Friedman LLP 2251 10-20 Non-Retainer Litigation 730.00
15 6005 Legal Fees 8133 Elrod Friedman LLP OCT 2020 RET October 2020 Retainer 18,500.00
16 6009 Legal Fees - Admin
Hearings/Prosecutions
1073 Bartel, Raymond 20-15 Legal Services 11/05-
11/12/2020
1,847.50
17 6010 Legal Fees - Labor &
Employment
1127 Clark Baird Smith LLP 13222 Legal Services October 2020 18,674.69
42,590.19
Total 00 - Non Departmental
Elected Office
Division: 110 - Legislative
Total 110 - Legislative
City of Des Plaines
Warrant Register 12/07/2020
Account
Fund: 100 - General Fund
Department: 00 - Non Departmental
City Administration
Division: 210 - City Manager
Total 210 - City Manager
Division: 120 - City Clerk
Total 120 - City Clerk
Total 10 - Elected Office
Division: 220 - Legal
Total 220 - Legal
Page 3 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
18 6305 R&M Equipment 6963 Curvature Inc 90575508 Server Maintenance Contract
11/01/2020 - 11/30/2020
117.00
19 6305 R&M Equipment 4715 SHI International
Corporation
B12561110 Palo Alto Maintenance
11/12/20- 11/21/21
13,984.36
20 7200 Other Supplies 1046 Hinckley Spring Water
Co
2533573 111020 Water Supply Delivered
10/15/2020
23.27
14,124.63
21 6000 Professional Services 8305 Moore, Teresa 0132 Voice-Overs for Holiday
Lighting Video 11/16/2020
250.00
22 6000 Professional Services 8297 Graphic Solutions Inc
Chicago
8728 Graphic Design Services 2021
Calendar 11/10/2020
3,480.00
23 6108 Public Relations &
Communications
1050 Journal & Topics
Newspapers
184541 1/2 Page Ad for 2020
Veterans Day Special Section
11/04/2020
525.00
24 7000 Office Supplies 1644 Warehouse Direct Inc 4808146-0 5 Boxes of Facial Tissue & 1
Doz Legal Pads for Media
Services
12.73
25 7200 Other Supplies 1644 Warehouse Direct Inc 4808146-0 5 Boxes of Facial Tissue & 1
Doz Legal Pads for Media
Services
9.80
4,277.53
26 5340 Pre-Employment
Testing
1015 Alexian Brothers
Corporate Health Svcs
713150 CED New Hire Pre-
Employment Testing
10/01/2020
189.00
27 5530 Employee Assistance
Program
4651 Perspectives 96962 Employee Assistance Program
11/01-11/30/2020
620.00
28 7000 Office Supplies 1644 Warehouse Direct Inc 4811066-0 2 Cartons Copy Paper 68.64
29 7200 Other Supplies 1046 Hinckley Spring Water
Co
2533573 111020 Water Supply Delivered
10/15/2020
44.25
30 7200 Other Supplies 2016 Signarama 41660 Name Signage for 1 Office -
HHS
111.70
1,033.59
31 6550 Subsidy - Senior Citizen
Cab Service
3344 Taxi One of Des Plaines
Inc
0000015 Taxi Cab Voucher Program-
October 2020 M-12-11
216.00
216.00
62,286.68
32 6000 Professional Services 1101 Capital Gains Inc 2571 Investment Management
Services 10/01-12/31/2020
1,995.00
33 7000 Office Supplies 1644 Warehouse Direct Inc 4811703-0 3 Cartons of Copy Paper 112.95
34 7000 Office Supplies 1644 Warehouse Direct Inc 4822864-0 2 Boxes of Folders (Hanging &
Manilla)
58.28
Division: 240 - Media Services
Total 240 - Media Services
Division: 250 - Human Resources
Division: 230 - Information Technology
Total 230 - Information Technology
Total 20 - City Administration
Department: 30 - Finance
Total 250 - Human Resources
Division: 260 - Health & Human Services
Total 260 - Health & Human Services
Page 4 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
35 7200 Other Supplies 1046 Hinckley Spring Water
Co
2533573 111020 Water Supply Delivered
10/15/2020
75.72
36 8010 Furniture & Fixtures 1604 BOS Business Office
Systems Inc
19916 Quickstand Eco, Dual
Monitor, Black Desk - Finance
525.00
37 8010 Furniture & Fixtures 1644 Warehouse Direct Inc 4820659-0 1 Mesh Chair 265.45
3,032.40
38 6000 Professional Services 6315 B&F Construction
Code Services Inc
13573 Administrative Consultant
09/16-09/30/2020
4,400.00
39 6000 Professional Services 3337 HR Green Inc 138629 Building Services/Inspections
9/1/20-9/31/20
7,014.06
40 6000 Professional Services 3337 HR Green Inc 138629CR Credit for Mileage Charged in
Error on Inv 138629
(31.06)
41 6000 Professional Services 6315 B&F Construction
Code Services Inc
54769 Plan Review - 10/19/20 -
Project #1121913
1,319.37
42 6000 Professional Services 6315 B&F Construction
Code Services Inc
54772 Plan Review - 10/19/20 -
Project #1121942
200.00
43 6000 Professional Services 6315 B&F Construction
Code Services Inc
54775 Plan Review - 10/19/20 -
Project #1121941
1,069.37
44 6000 Professional Services 6315 B&F Construction
Code Services Inc
54777 Plan Review - 10/19/20 -
Project # 1121938
1,069.37
45 6000 Professional Services 6315 B&F Construction
Code Services Inc
54781 Plan Review - 10/19/20 -
Project # 1121692
1,069.37
46 6000 Professional Services 6315 B&F Construction
Code Services Inc
54843 Plan Review - 10/22/20 -
Project # 1121722
729.42
47 6000 Professional Services 6315 B&F Construction
Code Services Inc
54847 Plan Review - 10/22/20 -
Project # 1121723
635.00
48 6000 Professional Services 6315 B&F Construction
Code Services Inc
54879 Plan Review - 10/27/20 -
Project # 1122030
1,069.37
49 6000 Professional Services 6315 B&F Construction
Code Services Inc
54960 Plan Review - 11/5/20 -
Project # 11220091
1,070.00
50 6000 Professional Services 6315 B&F Construction
Code Services Inc
54962 Plan Review - 11/5/20 -
Project # 1122072
1,069.37
51 6005 Legal Fees 8133 Elrod Friedman LLP 2237 10-20 Non-Retainer Property
Enforcement Matters
110.00
52 6005 Legal Fees 8133 Elrod Friedman LLP 2241 10-20 Non-Retainer Property
Enforcement Matters
8,251.00
53 6005 Legal Fees 8133 Elrod Friedman LLP 2242 10-20 Non-Retainer Property
Enforcement Matters
1,939.88
54 6105 Records Preservation 1370 Microsystems Inc 083383 Records Preservation 09/18-
10/29/2020 Building Dept
699.28
55 7000 Office Supplies 1644 Warehouse Direct Inc 4808060-0 Calendars, Hand Sanitizer,
Disinfecting Wipes
85.95
56 7000 Office Supplies 1644 Warehouse Direct Inc 4816275-0 2 Boxes Copy Paper, Desk
Calendars, Paper Plates
71.75
Total 30 - Finance
Community Development
Division: 410 - Building & Code Enforcement
Page 5 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
57 7200 Other Supplies 1046 Hinckley Spring Water
Co
2533573 111020 Water Supply Delivered
10/15/2020
75.72
58 7200 Other Supplies 1644 Warehouse Direct Inc 4808060-0 Calendars, Hand Sanitizer,
Disinfecting Wipes
45.46
59 7200 Other Supplies 1644 Warehouse Direct Inc 4816275-0 2 Boxes Copy Paper, Desk
Calendars, Paper Plates
16.95
60 7500 Postage & Parcel 1041 Federal Express 7-164-50222 Delivery Service - 10/22/20 16.07
31,995.70
61 6005 Legal Fees 8133 Elrod Friedman LLP 2250 10-20 Non-Retainer Matters 747.50
62 7000 Office Supplies 1644 Warehouse Direct Inc 4816275-0 2 Boxes Copy Paper, Desk
Calendars, Paper Plates
42.06
63 7200 Other Supplies 1644 Warehouse Direct Inc 4808060-0 Calendars, Hand Sanitizer,
Disinfecting Wipes
45.47
64 7200 Other Supplies 1644 Warehouse Direct Inc 4816275-0 2 Boxes Copy Paper, Desk
Calendars, Paper Plates
16.95
851.98
65 6000 Professional Services 5215 CoStar Realty
Information Inc
112696745-1 November 2020 Available
Property Database
398.79
398.79
33,246.47
66 6025 Administrative Services 7961 BridgePay Network
Solutions LLC
6718 Utility Web & Business
License Transaction Fee for
Oct 2020
40.92
67 6040 Waste Hauling &
Debris Removal
1021 Republic Services Inc 0551-015013698 Residential Refuse &
Recycling - 10/01-10/31/2020,
R-35-14
273,541.00
273,581.92
68 7500 Postage & Parcel 1041 Federal Express 7-171-76847 Delivery Service 10/28-
11/02/2020
98.18
98.18
69 6195 Miscellaneous
Contractual Services
1060 Municipal GIS Partners
Inc
4999 Geographic Information
System Support 10/01-
10/30/2020
13,932.80
70 6195 Miscellaneous
Contractual Services
1385 GIS Consortium 611 Fee to Support Shared Assets
of GIS Property 01/01-
12/31/2020
6,344.00
20,276.80
Total 420 - Planning & Zoning
Division: 430 - Economic Development
Total 430 - Economic Development
Total 410 - Building & Code Enforcement
Division: 420 - Planning & Zoning
Division: 510 - Engineering
Total 510 - Engineering
Division: 520 - Geographic Information Systems
Total 40 - Community Development
Public Works & Engineering
Division: 100 - Administration
Total 100 - Administration
Total 520 - Geographic Information Systems
Page 6 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
71 6170 Tree Maintenance 6555 Landscape Concepts
Management Inc
184679 Cut Back & Remove
Debris/Logs - Dog Park -
10/26/2020, R-168-19
1,756.00
72 6195 Miscellaneous
Contractual Services
1559 Continental Weather
Svc
193309 Monthly Weather Forecasting
- 11/01/2020
150.00
73 6195 Miscellaneous
Contractual Services
2016 Signarama 41640 500 Temporary No Parking
Signs - 10/22/2020
517.00
74 6195 Miscellaneous
Contractual Services
6799 Kimco USA Inc 8724A Conveyor Maintenance -
08/03/2020
1,526.00
75 6305 R&M Equipment 6799 Kimco USA Inc 8737 Drive Roller Replacement on
Salt Conveyor - 10/29/2020
1,826.00
76 6325 R&M Street Lights 1044 H&H Electric Co 35710 Pedestrian Signal Repair -
Forest & Wolf - 9/23/2020, R-
78-19
649.16
77 6325 R&M Street Lights 1044 H&H Electric Co 35713 Streetlight Repair - Pine Court -
09/25/2020, R-78-19
151.06
78 6325 R&M Street Lights 1044 H&H Electric Co 35737 Streetlight Repairs - Oakton,
Wolf, Anita - 10/01/2020, R-
78-19
2,137.66
79 6325 R&M Street Lights 1044 H&H Electric Co 35762 Crossing Signal Repair - Forest
& Wolf - 10/27/2020, R-78-19
665.09
80 6325 R&M Street Lights 1044 H&H Electric Co 35767 Streetlight Repair-River Rd &
Devon-10/28/2020, R-78-19
791.32
81 7030 Supplies - Tools &
Hardware
1043 WW Grainger Inc 9703737677 Cylinder Hand Truck 141.37
82 7055 Supplies - Street R&M 1018 Anderson Lock
Company LTD
1050924 Spray Lubricant - Street Light
Cabinets
17.00
83 7055 Supplies - Street R&M 1732 Traffic Control &
Protection Inc
105630 Delineator Roadside Marker
Post
654.15
84 7055 Supplies - Street R&M 1057 Menard Incorporated 68008 Marking Paint, Spray Paint, &
Striping Paint
86.92
85 7055 Supplies - Street R&M 7691 Builders Asphalt LLC 71467 10.26 Cu Yds Asphalt - Wolf,
Mill, City Hall Alley -
10/29/2020
441.18
86 7055 Supplies - Street R&M 7691 Builders Asphalt LLC 72092 1.55 Tons Asphalt - Potholes
Wolf Rd Central-Rand -
11/05/2020
66.65
87 7055 Supplies - Street R&M 7691 Builders Asphalt LLC 72206 0.48 Tons Asphalt - Potholes -
10/06/2020
20.64
88 7055 Supplies - Street R&M 7691 Builders Asphalt LLC 72471 0.55 Tons Asphalt - Sewer
Catch Basin Repairs -
11/10/2020
23.65
89 7055 Supplies - Street R&M 7691 Builders Asphalt LLC 72772 3.41 Tons Asphalt - Big Bend
Main Break Repair -
11/13/2020
146.63
90 7055 Supplies - Street R&M 1192 Sherwin Industries Inc SS086857 Asphalt/Concrete Crack Filler 40.00
91 7055 Supplies - Street R&M 1347 Lurvey Landscape
Supply
T1-10367709 1.0 Cu Yds Top Soil & 25#
Grass Seed - 10/20/2020
111.70
11,919.18
Division: 530 - Street Maintenance
Total 530 - Street Maintenance
Page 7 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
92 6000 Professional Services 7619 Henneman
Engineering Inc
76677 HVAC Replace - Eng Svcs - City
Hall - 10/01-10/31/2020, R-
180-19
3,917.93
93 6145 Custodial Services 8073 Crystal Maintenance
Services Corporation
27137 Additional Cleaning Services -
Police Station - 11/02/2020
490.00
94 6195 Miscellaneous
Contractual Services
6420 International
Exterminator Company Inc
09-3715 Interior Pest Control - City
Hall & Police Station -
09/01/2020
97.00
95 6195 Miscellaneous
Contractual Services
6420 International
Exterminator Company Inc
09-3715 Interior Pest Control - City
Hall & Police Station -
09/01/2020
96.00
96 6195 Miscellaneous
Contractual Services
6420 International
Exterminator Company Inc
09-3716 Quarterly Interior Pest
Control - 7 Buildings -
09/01/2020
165.00
97 6195 Miscellaneous
Contractual Services
6420 International
Exterminator Company Inc
09-3716 Quarterly Interior Pest
Control - 7 Buildings -
09/01/2020
113.00
98 6195 Miscellaneous
Contractual Services
6420 International
Exterminator Company Inc
09-3716 Quarterly Interior Pest
Control - 7 Buildings -
09/01/2020
78.00
99 6195 Miscellaneous
Contractual Services
6420 International
Exterminator Company Inc
09-3716 Quarterly Interior Pest
Control - 7 Buildings -
09/01/2020
74.00
100 6195 Miscellaneous
Contractual Services
6420 International
Exterminator Company Inc
09-3716 Quarterly Interior Pest
Control - 7 Buildings -
09/01/2020
78.00
101 6195 Miscellaneous
Contractual Services
6420 International
Exterminator Company Inc
11-9402 Exterior Pest Control - City
Hall & Police Station -
11/01/2020
40.00
102 6195 Miscellaneous
Contractual Services
6420 International
Exterminator Company Inc
11-9402 Exterior Pest Control - City
Hall & Police Station -
11/01/2020
40.00
103 6195 Miscellaneous
Contractual Services
6420 International
Exterminator Company Inc
11-9403 Interior Pest Control - City
Hall & Police Station -
11/01/20202
97.00
104 6195 Miscellaneous
Contractual Services
6420 International
Exterminator Company Inc
11-9403 Interior Pest Control - City
Hall & Police Station -
11/01/20202
96.00
105 6195 Miscellaneous
Contractual Services
6420 International
Exterminator Company Inc
110376 Pest Control - Lady Bugs - City
Hall Finance - 11/06/2020
187.00
106 6195 Miscellaneous
Contractual Services
5399 Beary Landscape
Management
176407 Fertilizer/Vegetation Control -
10/31/2020, R-14-20
2,606.40
107 6195 Miscellaneous
Contractual Services
5399 Beary Landscape
Management
176408 City Owned Greenspace
Mowing-10/31/2020, R-3-20
16,974.70
108 6195 Miscellaneous
Contractual Services
1029 Cintas Corporation 4066552345 Mat Service - Police Station -
11/04/2020
120.79
109 6195 Miscellaneous
Contractual Services
5214 State Industrial
Products
901747280 Drain Maintenance Program
11/09/2020 - City Hall
106.09
110 6315 R&M Buildings &
Structures
7689 Ambius 016730CS299800 November 2020 Bill for Plant
Maintenance
351.94
Division: 535 - Facilities & Grounds Maintenance
Page 8 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
111 6315 R&M Buildings &
Structures
1025 Bedco Inc 096601 Transformer Replacement -
10/19/2020, R-167-19
844.45
112 6315 R&M Buildings &
Structures
1025 Bedco Inc 096602 Chiller Evaluation - City Hall -
10/20/2020, R-167-19
330.00
113 6315 R&M Buildings &
Structures
1025 Bedco Inc 096607 Exchanger Replacement - Fire
Station #63 - 09/29/2020, R-
167-19
1,915.00
114 6315 R&M Buildings &
Structures
1025 Bedco Inc 096613 Boiler Repair - PW -
10/21/2020, R-167-19
330.00
115 6315 R&M Buildings &
Structures
1025 Bedco Inc 096618 Cylinder Replacement - Fire
Station #63 - 10/24/2020, R-
167-19
996.00
116 6315 R&M Buildings &
Structures
1025 Bedco Inc 096626 Tower Drain - City Hall -
10/27/2020, R-167-19
165.00
117 6315 R&M Buildings &
Structures
1025 Bedco Inc 096628 Contactor Repair - PW Garage
- 10/27/2020, R-167-19
193.50
118 6315 R&M Buildings &
Structures
5972 Cobra Concrete
Cutting Services Co
17493 X-Ray Services - City Hall -
10/16/2020
1,260.00
119 6315 R&M Buildings &
Structures
5400 Dahme Mechanical
Industries Inc
20200459 RPZ Testing & Certification
10/08-10/21/2020
200.00
120 6315 R&M Buildings &
Structures
5400 Dahme Mechanical
Industries Inc
20200459 RPZ Testing & Certification
10/08-10/21/2020
200.00
121 6315 R&M Buildings &
Structures
1237 Pro-Line Door Systems
Inc
89054 PW Mechanics Overhead
Door Repair 10/23/2020
492.05
122 6315 R&M Buildings &
Structures
1544 Fox Valley Fire &
Safety Company Inc
IN00393390 Reprogram Fire Panel
10/22/2020 - PW Building #3
274.00
123 7025 Supplies - Custodial 1028 Case Lots Inc 1157 Paper Towels & Toilet Paper -
City Hall
1,845.50
124 7025 Supplies - Custodial 1028 Case Lots Inc 1158 Urinal Screens & Can Liners -
City Hall
858.60
125 7025 Supplies - Custodial 7283 Bella Bagno Inc 126454 4 Grippy Floor Mats - Public
Works
624.00
126 7025 Supplies - Custodial 1029 Cintas Corporation 4066552300 Scraper, Cleaners, Paper
Towels, Mat, Scrub, Etc - PW
163.08
127 7025 Supplies - Custodial 1029 Cintas Corporation 4067058369 Cleaners, Paper towels, Air
Freshener, Mat, Soap, Etc -
PW
142.15
128 7025 Supplies - Custodial 1644 Warehouse Direct Inc 4771953-1 Disinfectant Spray - Covid 19 134.99
129 7025 Supplies - Custodial 1644 Warehouse Direct Inc 4813917-0 Hand Sanitizer Refills - Covid-
19
408.98
130 7025 Supplies - Custodial 1047 Home Depot Credit
Svcs
7071718 Disinfectant Spray - Covid 19 9.68
131 7035 Supplies - Equipment
R&M
1550 Addison Building
Material Co
938906 8 Gaskets & Tool Hose 76.39
132 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
1540781 Surge Protector - City Hall
Chambers
22.87
133 7045 Supplies - Building
R&M
2480 Just Faucets 193528 Faucet Parts - Fire Station #61 47.76
134 7045 Supplies - Building
R&M
8283 Banner Plumbing
Supply Company LLC
2668535 Hot Water Heater Pump - Fire
Station #63
344.40
Page 9 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
135 7045 Supplies - Building
R&M
1057 Menard Incorporated 67991 Door Stops/Painters
Tape/Drill Bit for City Hall
50.09
136 7045 Supplies - Building
R&M
1057 Menard Incorporated 68233 Hinged Flange for Fire Station
62
3.99
137 7045 Supplies - Building
R&M
1057 Menard Incorporated 68345 Light Switch/Screws/Soap City
Hall
32.02
138 7045 Supplies - Building
R&M
1057 Menard Incorporated 68739 Batteries - City Hall Women's
Restroom
9.96
139 7045 Supplies - Building
R&M
5969 Security Equipment
Supply Inc
M03295 Door System Components -
PW
475.75
140 7045 Supplies - Building
R&M
5969 Security Equipment
Supply Inc
M14150 Door Hardware Access System
- PW
128.31
141 7045 Supplies - Building
R&M
5969 Security Equipment
Supply Inc
M18647 Heat Detector - PW Building
#3
11.85
142 7045 Supplies - Building
R&M
5969 Security Equipment
Supply Inc
M20525 Door Access System
Components - PW
2,290.31
143 7045 Supplies - Building
R&M
5969 Security Equipment
Supply Inc
M24150 Door System Controller - PW 591.35
144 7045 Supplies - Building
R&M
5969 Security Equipment
Supply Inc
M25552 Door System Controller 1,046.90
42,247.78
145 6135 Rentals 1029 Cintas Corporation 4065718870 Mechanic's Uniform Rental -
10/28/2020
153.57
146 6135 Rentals 1029 Cintas Corporation 4066342709 Mechanic's Uniform Rental -
11/04/2020
153.57
147 6135 Rentals 1029 Cintas Corporation 4067169903 Mechanic's Uniform Rental -
11/11/2020
153.57
148 6190 Tow/Storage/Abandon
ed Fees
1567 Schimka Auto
Wreckers, Inc
11-04-2020 Towed Vehicle to PW
11/04/2020 - PW 5077
105.00
149 6195 Miscellaneous
Contractual Services
2168 Petroleum
Technologies Equipment,
Inc
24330 UST Inspection - 5PW3 Fuel
Island - 11/10/2020
774.00
150 6195 Miscellaneous
Contractual Services
1741 Praxair Distribution Inc 99055635 Cylinder Rental - 08/20-
09/20/2020
590.65
151 6195 Miscellaneous
Contractual Services
1741 Praxair Distribution Inc 99665145 Cylinder Rental - 09/20-
10/20/2020
572.45
152 6305 R&M Equipment 6598 Cummins Inc F2-94242 Annual Maintenance -
Generator - PW 9110 -
10/19/2020
780.00
153 6305 R&M Equipment 6598 Cummins Inc F2-98004 Load Bank Test - PW 9110 -
10/16/2020
695.00
154 6310 R&M Vehicles 8231 Folta, Edmund V 02023 Radio Repair 11/02/2020 - PW
2109
80.00
155 6310 R&M Vehicles 2016 Signarama 41666 Fabricate & Install Vinyl
Decals - PW 5123 -
11/05/2020
109.40
156 7000 Office Supplies 1644 Warehouse Direct Inc 4811828-0 Clipboard, Notes, Tape,
Markers, Labels, Pens, Etc -
PW
57.97
Total 535 - Facilities & Grounds Maintenance
Division: 540 - Vehicle Maintenance
Page 10 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
157 7035 Supplies - Equipment
R&M
2164 JB Metal Works Inc 19328 Steel for Leaf Bucket - PW
5033
480.00
158 7035 Supplies - Equipment
R&M
4328 Batteries Plus Bulbs
(#490)
P32515994 3 Batteries - CED 2030 & PW
9110
359.90
159 7035 Supplies - Equipment
R&M
1154 West Side Tractor
Sales
W86222 2 Bumper Stops - PW 5033 373.02
160 7040 Supplies - Vehicle R&M 1078 Acme Truck Brake &
Supply Co
01_144474 Push Button Switch - PW 5079 24.65
161 7040 Supplies - Vehicle R&M 1078 Acme Truck Brake &
Supply Co
01_145537 Brake Chamber Bracket - Fire
7603
191.78
162 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound
LLC
1-0171012 Radiator, Alternator, & Core
Deposit - Police 6035
661.56
163 7040 Supplies - Vehicle R&M 1045 Havey
Communications
10614 Unitrol Controller - Police
6090
227.20
164 7040 Supplies - Vehicle R&M 1674 Spring-Align of
Palatine, Inc
116604 4 Electric Solenoids - PW
Stock
94.24
165 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1234227 Spray 9 Cleaner - PW 239.52
166 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1234238 Brake Rotors & Pads - Fire
7500
147.14
167 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1234346 2 Lift Supports - Fire 7500 77.98
168 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1234826 3 Serpentine Belts &
Alternator - PW 5077
228.48
169 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-777822 Air Filter & 2 Spark Plugs - PW
5061
13.96
170 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-777972 Returned Air Filter - PW 5061 (9.76)
171 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-778031 Belt, Alternator, Core Deposit,
& Fuel Filter - Police 6035
350.24
172 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-778082 Battery & Core Deposit -
Engineering 2003
118.91
173 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-778266 3 Filters & Fittings - Fire 7704 102.77
174 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-778377 Starter & Core Deposit - PW
5077
178.49
175 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-778524 Converter - PW 5077 851.39
176 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-778615 Core Deposit Returned -
Police 6035
(66.00)
177 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-778616 Belt Tensioner, Battery, &
Core Deposit - Police 6035,
PW 5047
73.99
178 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-778616 Belt Tensioner, Battery, &
Core Deposit - Police 6035,
PW 5047
125.47
179 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-778768 Air Filter - PW 5089 66.39
180 7040 Supplies - Vehicle R&M 1057 Menard Incorporated 68453 Springs, Magnetic Holders, &
Chipping Hammer - PW 5074
37.10
Page 11 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
181 7040 Supplies - Vehicle R&M 8104 MacQueen Emergency
Group
P04965 Radiator Gasket Kit - Fire 7603 557.70
182 7040 Supplies - Vehicle R&M 4328 Batteries Plus Bulbs
(#490)
P32515994 3 Batteries - CED 2030 & PW
9110
97.33
183 7040 Supplies - Vehicle R&M 4328 Batteries Plus Bulbs
(#490)
P32742852 6 Batteries - PW 5091 & Fire
Stock
79.05
184 7040 Supplies - Vehicle R&M 4328 Batteries Plus Bulbs
(#490)
P32742852 6 Batteries - PW 5091 & Fire
Stock
283.23
185 7040 Supplies - Vehicle R&M 4328 Batteries Plus Bulbs
(#490)
P33020434 4 Batteries - PW 5021, 5047,
Stock & Police 6068
97.13
186 7040 Supplies - Vehicle R&M 4328 Batteries Plus Bulbs
(#490)
P33020434 4 Batteries - PW 5021, 5047,
Stock & Police 6068
316.21
187 7040 Supplies - Vehicle R&M 4328 Batteries Plus Bulbs
(#490)
P33020502 2 Battery Tenders - Fire Stock 71.90
188 7040 Supplies - Vehicle R&M 5035 Northwest Trucks Inc X101014780:01 Antifreeze - Fire 7801 91.92
189 7120 Gasoline 5415 Gas Depot Inc 85604-1 5,500 Gals Unleaded Gas -
11/12/2020, R-26-20
6,981.06
190 7130 Diesel 5415 Gas Depot Inc 85605-1 2,505 Gals Bio Diesel Winter
Blend - 11/12/2020, R-26-20
4,024.34
21,773.47
369,897.33
191 7300 Uniforms 5705 Artistic Engraving 15876 Retirement Badge, Wallet and
Mount (1 DC)
265.46
192 7300 Uniforms 5705 Artistic Engraving 15878 Patrol Hat Shield and Badges
#541-550
2,271.72
2,537.18
193 6195 Miscellaneous
Contractual Services
1517 Trans Union LLC 10051262 Investigations Database
October 2020
100.00
194 6195 Miscellaneous
Contractual Services
1572 LexisNexis Risk
Solutions
1037713-
20201031
Investigations Database
October 2020
398.75
195 6195 Miscellaneous
Contractual Services
1683 Thomson Reuters 843278461 Investigations Database
October 2020
324.15
822.90
196 6000 Professional Services 5975 Aero Removals Trisons
Inc
20012CRJM Removal and Transport of 2
Deceased 2020 October
700.00
197 6015 Communication
Services
1680 Pacific
Telemanagement Services
2056434 3 Public Pay Phones Monthly
Fee December 2020
228.00
198 6015 Communication
Services
1027 Call One 338683 Communication Service 11/15-
12/14/2020
35,637.55
199 6110 Printing Services 1233 Press Tech Inc 47022 #10 Envelopes, Police
Department (5,000)
11/16/2020
519.00
Total 540 - Vehicle Maintenance
Total 610 - Uniformed Patrol
Division: 620 - Criminal Investigation
Total 620 - Criminal Investigation
Total 50 - Public Works & Engineering
Police Department
Division: 610 - Uniformed Patrol
Division: 630 - Support Services
Page 12 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
200 6110 Printing Services 1142 Copyset Printing
Company
58675 80 Daily Activity Sheet Pads
10/26/2020
400.00
201 6185 Animal Control 1266 Northwest Animal
Hospital PC
00427932 Stray Animals October 2020
(10)
1,452.50
202 6185 Animal Control 2950 When Nature Calls 3050-20 Nuisance Animal Control 2020
(Year 2 of 3) October 2020
3,927.00
203 6190 Tow/Storage/Abandon
ed Fees
1567 Schimka Auto
Wreckers, Inc
10/1/2020 September 2020 Towing
Services (14)
560.00
204 6190 Tow/Storage/Abandon
ed Fees
1567 Schimka Auto
Wreckers, Inc
11/1/2020 October 2020 Towing Services
(5)
160.00
205 6195 Miscellaneous
Contractual Services
1077 Shred-It USA LLC 8180824510 Shredding Services PD 10/9,
10/16, 10/23, 10/30,
11/06/2020
865.05
206 6305 R&M Equipment 1729 Triton Electronics Inc 7517 Calibrate, Re-Certify
Radar/Lidar Units 10/29/2020
1,683.00
207 7000 Office Supplies 1644 Warehouse Direct Inc 4789551-0 Shelf Label Holders (2),
Lithium Batteries (2)
21.78
208 7000 Office Supplies 1644 Warehouse Direct Inc 4807172-0 Desk Pad, Date Received
Stamp
34.40
209 7000 Office Supplies 1644 Warehouse Direct Inc 4807193-0 5 Wall Calendars, 30 Desk
Calendars
207.55
210 7000 Office Supplies 1644 Warehouse Direct Inc 4811801-0 Desk Pad (2), Correction Tape
(1)
36.00
211 7200 Other Supplies 1580 Mighty Mites 14906 Retirement Plaques (2
Officers)
674.00
212 7320 Equipment < $5,000 1244 Ray O'Herron
Company Inc
2061578-IN 4 Batons 552.44
47,658.27
51,018.35
213 6035 Dispatch Services 5973 Emergency Twenty
Four Inc
92689 Elevator Alarm Dispatch
October 2020
2,537.00
214 6305 R&M Equipment 2501 FireService
Management LLC
23005 Repairs to TurnOut Gear-1
Engineer 10/23/2020
289.95
215 6305 R&M Equipment 2501 FireService
Management LLC
23046 Repairs to TurnOut Gear-1
Paramedic 11/09/2020
342.88
216 7000 Office Supplies 1644 Warehouse Direct Inc 4816066-0 Envelopes, Scotch Tape, Note
Pads, Paper Clips
270.08
217 7025 Supplies - Custodial 8019 Ferguson Facilities 0227494 Butyl Cleaner, Damp Mop
Cleaner, Car Wash, Laundry
Spot, Detergent
2,182.90
218 7200 Other Supplies 1571 Welding Industrial
Supply
R02624849 16 Therapy Oxygen Cylinders-
October 2020
214.39
219 7300 Uniforms 3212 On Time Embroidery
Inc
79090 6" Side Zip Waterproof Boots -
1 Paramedic
119.00
220 7300 Uniforms 3212 On Time Embroidery
Inc
79139 2 Trousers - 1 Batt Chief 144.00
Fire Department
Division: 710 - Emergency Services
Total 630 - Support Services
Total 60 - Police Department
Page 13 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
221 7300 Uniforms 3212 On Time Embroidery
Inc
79763 Class A Coat Update Items-Lt
& Div Chief
115.00
222 7300 Uniforms 3212 On Time Embroidery
Inc
80293 2 T-Shirts, Knit Cap & Twill
Cap - 1 Paramedic
67.00
223 7300 Uniforms 3212 On Time Embroidery
Inc
80299 B/C Class A Cap Badge &
Rosette - 1 Batt Chief
98.00
224 7300 Uniforms 3212 On Time Embroidery
Inc
80300 3 Name Patch Alterations - 1
Lieutenant
36.00
225 7300 Uniforms 3212 On Time Embroidery
Inc
E 78003 3 Polos - 1 FF/Inspector 132.00
226 7300 Uniforms 3212 On Time Embroidery
Inc
E 78193 Zip Job Shirt - 1 Paramedic 71.00
227 7300 Uniforms 3212 On Time Embroidery
Inc
ES 77098 3 Polos, Trousers - 1 Div Chief 198.00
228 7300 Uniforms 3212 On Time Embroidery
Inc
ES 78356 2 Polos - 1 Div Chief 84.00
229 7300 Uniforms 3212 On Time Embroidery
Inc
ES 79495 3 T-Shirts - 1 Div Chief 27.00
230 7300 Uniforms 3212 On Time Embroidery
Inc
ES 79762 4 T-Shirts, Twill Cap - 1
Paramedic
67.00
231 7300 Uniforms 3212 On Time Embroidery
Inc
ES 80292 5 T-Shirts, 2 Knit Caps, 2
Shorts - 1 Engineer
113.00
232 7300 Uniforms 3212 On Time Embroidery
Inc
ES 80295 2 L/S T-Shirts, Twill Cap - 1
Paramedic
47.00
233 7300 Uniforms 3212 On Time Embroidery
Inc
ES 80296 5 T-Shirts, Twill Cap, 6" Side
Zip Waterproof Boot - 1
Paramedic
183.00
234 7300 Uniforms 3212 On Time Embroidery
Inc
O 78196 3 Cargo Station Pants - 1
Engineer
186.00
235 7300 Uniforms 3212 On Time Embroidery
Inc
O 78829 3 Cargo Station Pants - 1
Lieutenant
186.00
236 7300 Uniforms 3212 On Time Embroidery
Inc
OE 78072 Zip Job Shirt - 1 Lieutenant 76.00
237 7300 Uniforms 3212 On Time Embroidery
Inc
OE 78079 Class A Sentry Shirt - 1
Lieutenant
48.00
238 7300 Uniforms 3212 On Time Embroidery
Inc
OE 79496 5 Cargo Station Pants, Twill
Cap - 1 FF/Inspector
329.00
239 7300 Uniforms 3212 On Time Embroidery
Inc
OES 77480 4 T-Shirts, 2 L/S T-Shirts, 2 Zip
Job Shirts, Etc. - 1 Paramedic
353.00
240 7300 Uniforms 3212 On Time Embroidery
Inc
OES 77500 3 Polos, 1 L/D Polo, 2 Pants - 1
Engineer
287.00
241 7300 Uniforms 3212 On Time Embroidery
Inc
OES 78184 4 T-Shirts, 1 L/S T-Shirt - 1
Paramedic
48.00
242 7300 Uniforms 3212 On Time Embroidery
Inc
OES 78192 5 T-Shirts, 2 Polos, Zip Job
Shirt - 1 Lieutenant
271.00
243 7300 Uniforms 3212 On Time Embroidery
Inc
OES 78211 3 T-Shirts - 1 Engineer 33.00
244 7300 Uniforms 3212 On Time Embroidery
Inc
OES 78357 3 L/S T-Shirts, 2 Pants, Tactical
Fleece Jacket - 1 Paramedic
279.00
Page 14 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
245 7300 Uniforms 3212 On Time Embroidery
Inc
OES 78800 New Uniform Items for New
Lieutenant
316.00
246 7300 Uniforms 3212 On Time Embroidery
Inc
OES 78804 5 T-Shirts - 1 Div Chief 45.00
247 7300 Uniforms 3212 On Time Embroidery
Inc
OES 79494 3 T-Shirts - 1 Lieutenant 27.00
248 7300 Uniforms 3212 On Time Embroidery
Inc
OES 79497 2 Polos, L/S Polo, Pants -1
Engineer
199.00
249 7300 Uniforms 3212 On Time Embroidery
Inc
OES 79498 2 L/S Polos, Zip Job Shirt,
Pants - 1 Paramedic
219.00
250 7300 Uniforms 3212 On Time Embroidery
Inc
OES 79499 L/S Polo - 1 New Lieutenant 54.00
251 7300 Uniforms 3212 On Time Embroidery
Inc
OES 79500 2 NFPA Station Pants - 1
Lieutenant
112.00
252 7300 Uniforms 3212 On Time Embroidery
Inc
OES 79501 4 Pants, 2 Polos - 1 Div Chief 332.00
253 7300 Uniforms 3212 On Time Embroidery
Inc
OES 80294 6 T-Shirts, Knit Cap, Twill Cap,
Sweatpants - 1 Lieutenant
113.00
254 7300 Uniforms 3212 On Time Embroidery
Inc
OES 80297 3 T-Shirts - 1 Lieutenant 36.00
255 7300 Uniforms 3212 On Time Embroidery
Inc
OES 80298 3 T-Shirts, Belt - 1 Paramedic 53.00
256 7300 Uniforms 3212 On Time Embroidery
Inc
OESH 79761 New Uniform Items for New
Candidate
698.00
257 7300 Uniforms 3212 On Time Embroidery
Inc
OS 77674 Station Pants - 1 Paramedic 56.00
258 7300 Uniforms 3212 On Time Embroidery
Inc
S 78194 6 T-Shirts, 2 Trousers - 1
Paramedic
198.00
259 7320 Equipment < $5,000 1080 Air One Equipment Inc 162238 3 Prs 10" Zipper/Speed Lace
Boots for TRT
1,295.00
260 7320 Equipment < $5,000 1148 WS Darley & Co 17415978 R-174-20 (4) TurnOut Gear-
2020 Yrly Repl-2 Eng/2 PMs
8,611.34
261 7320 Equipment < $5,000 1148 WS Darley & Co 17416199 R-174-20 (6) TurnOut Gear-
2020 Annual Repl-1 Lt/3
Engrs/2 PM
12,912.72
262 7320 Equipment < $5,000 1076 Sam's Club Direct 7798 New Vacuum -Station 61 159.98
34,871.24
263 7000 Office Supplies 1644 Warehouse Direct Inc 4812275-0 Post-Its, Key Tags, Calendar
Refill, Staples, Pens, Batteries
39.57
264 7000 Office Supplies 1644 Warehouse Direct Inc 4812275-2 12Pk C Batteries 7.54
265 7200 Other Supplies 1046 Hinckley Spring Water
Co
2533573 111020 Water Supply Delivered
10/15/2020
16.27
63.38
34,934.62
266 6015 Communication
Services
1027 Call One 338683 Communication Service 11/15-
12/14/2020
10,293.75
Total 710 - Emergency Services
Division: 720 - Fire Prevention
Total 720 - Fire Prevention
Total 70 - Fire Department
Department: 90 - Overhead
Page 15 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
267 6030 AMB Fee Processing
Services
3640 Andres Medical Billing
Ltd
250186 Collection Service for October
2020 - Ambulance Fees
5,989.18
16,282.93
583,079.34
268 6000 Professional Services 1123 Christopher B Burke
Engineering LTD
161767 Engr Design -Lee St Lighting
LED Conversion 09/27-
10/31/2020
720.00
269 6000 Professional Services 2785 Walker Parking
Consultants/Engineers Inc
310076989005 TO#10-Construction Parking
Deck Repairs-09/25-
10/29/2020, R-5-18
5,020.00
270 6000 Professional Services 2785 Walker Parking
Consultants/Engineers Inc
31848200019 Civic Deck Design Services -
10/01-10/29/2020, R-205-19
4,747.50
271 6000 Professional Services 8130 ECS Midwest LLC 845057 Weld Inspections 10/05/2020 547.50
272 6000 Professional Services 1112 Architectural
Consulting Group LTD
C20-311 TO#7 1486/1486.5 Roof &
HVAC Renovations -
11/11/2020, R-2-18
6,569.00
273 6000 Professional Services 1112 Architectural
Consulting Group LTD
C20-312 Task Order 15 Interior
Renovation at 1486 Miner
11/06/2020
1,416.00
274 6000 Professional Services 1112 Architectural
Consulting Group LTD
C20-331 Contract Administration Srvcs -
Pay App Review-Theater
11/06/20
1,145.00
275 6005 Legal Fees 8133 Elrod Friedman LLP 2238 10-20 Non-Retainer
Redevelopment
247.50
276 6005 Legal Fees 8133 Elrod Friedman LLP 2249 10-20 Non-Retainer Litigation 2,220.50
277 6150 City Maintenance 5399 Beary Landscape
Management
176404 TIF Maintenance -
09/30/2020, R-15-20
2,310.00
278 6150 City Maintenance 5399 Beary Landscape
Management
176405 Supplemental Watering -
10/31/2020, R-15-20
2,050.00
279 6150 City Maintenance 5399 Beary Landscape
Management
176406 TIF Maintenance -
10/31/2020, R-15-20
2,310.00
280 6150 City Maintenance 5399 Beary Landscape
Management
176763 Winterize Irrigation -
10/31/2020, R-15-20
1,290.00
281 6195 Miscellaneous
Contractual Services
6420 International
Exterminator Company Inc
09-3716 Quarterly Interior Pest
Control - 7 Buildings -
09/01/2020
97.00
282 6195 Miscellaneous
Contractual Services
5593 Sunbelt Rentals Inc 105942627-0001 Mini Excavator Rental -
9/24/2020-10/21/2020
2,511.86
283 6195 Miscellaneous
Contractual Services
5399 Beary Landscape
Management
176407 Fertilizer/Vegetation Control -
10/31/2020, R-14-20
289.60
284 6195 Miscellaneous
Contractual Services
1029 Cintas Corporation 4066552299 Metra Station Mat Service
11/04/2020
35.00
285 6195 Miscellaneous
Contractual Services
1029 Cintas Corporation 4067058297 Metra Station Mat Service
11/11/2020
35.00
286 6195 Miscellaneous
Contractual Services
1484 Thompson Rental
Station Inc
584297-3 Concrete Buggy Rental @
Theatre 10/23/2020
219.89
Total 90 - Overhead
Total 100 - General Fund
Fund: 201 - TIF #1 Downtown Fund
Page 16 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
287 6195 Miscellaneous
Contractual Services
1931 Oui Oui Enterprises
LLC
70478 Portable Restroom 09/14-
10/13/2020
95.00
288 6315 R&M Buildings &
Structures
6714 Waukegan Roofing
Co., Inc
1274109 Drain Work at 1486 Miner
10/08/2020
1,531.04
289 6315 R&M Buildings &
Structures
6714 Waukegan Roofing
Co., Inc
1274109-2 Roof Repairs 1486 Miner
11/04/2020
1,860.07
290 6315 R&M Buildings &
Structures
5972 Cobra Concrete
Cutting Services Co
17338 Hole Cutting - Duct Work -
Theater - 10/08/2020
1,983.00
291 6315 R&M Buildings &
Structures
5972 Cobra Concrete
Cutting Services Co
17339 Cut Basement In-Beds @
Theater - 10/09/2020
665.00
292 6315 R&M Buildings &
Structures
8099 Hillstone Structural
Services Inc
21-011-002 Column & Beam Installation -
Theater - 11/09/2020
10,550.00
293 6315 R&M Buildings &
Structures
7146 JOS Services Inc 3326 Plumbing Labor at Theatre
10/21/2020
1,000.00
294 6315 R&M Buildings &
Structures
7146 JOS Services Inc 3327 Plumbing Labor at Theatre
10/22/2020
1,000.00
295 6315 R&M Buildings &
Structures
7146 JOS Services Inc 3392 Plumber Labor at Theatre
11/03/2020
1,000.00
296 6315 R&M Buildings &
Structures
7146 JOS Services Inc 3393 Plumbing Labor at Theatre
11/04/2020
1,000.00
297 6315 R&M Buildings &
Structures
5440 Manusos General
Contracting Inc
6072 Revised Storefront Glazing & Facade -
Theater -09/05-10/23/2020, R-
92-20
107,630.00
298 6315 R&M Buildings &
Structures
7717 Oak Brook Mechanical
Services Inc
992528 Storefront HVAC Install-
Theater Pymt 3-09/06-
10/31/2020, R-52-20
92,593.75
299 6325 R&M Street Lights 1044 H&H Electric Co 35711 Streetlight Repair - Miner St -
09/30/2020, R-78-19
295.71
300 6325 R&M Street Lights 1044 H&H Electric Co 35738 Irrigation Electric Repair -
River & Miner - 10/06/2020, R-
78-19
587.72
301 6325 R&M Street Lights 1044 H&H Electric Co 35757 EVP Replacement -
Jefferson/Graceland -
10/16/2020, R-78-19
3,333.67
302 6325 R&M Street Lights 1044 H&H Electric Co 35758 Streetlight Repair on Jefferson
Due to Damage-10/16/20 R-
78-19
188.39
303 6325 R&M Street Lights 1044 H&H Electric Co 35759 Streetlight Repair - Metro
Square - 10/16/2020, R-78-19
204.80
304 6325 R&M Street Lights 1044 H&H Electric Co 35760 Streetlight Repair - Prairie -
10/16/2020, R-78-19
214.30
305 6325 R&M Street Lights 1044 H&H Electric Co 35761 Streetlight Cable Repair -
Parking Deck Excavating -
10/26/2020, R-78
5,260.51
306 7045 Supplies - Building
R&M
1424 Bushnell Inc 0017149700 6" PVC WYE Sewer Fitting -
Theatre
66.87
307 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
0023896 Ceiling Medallion for 10" LED
Light at Theater
18.97
308 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
0075178 Self Leveling
Concrete/Tape/Lumber at
Theatre
162.80
Page 17 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
309 7045 Supplies - Building
R&M
1699 Metal Supermarkets
Villa Park
1018931 Rolled Steel for Welders to
Reinforce Roof Joist @
Theatre
126.00
310 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
1023747 Water Stop and Fast Dry to
Plug Electric Holes at Theater
74.75
311 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
1031842 Plaster/Tapcons/Etc for
Theatre
81.79
312 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
1173014 Return Spotlight (29.97)
313 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
2023749 Bits/Cutting Oil/Bucket for
Theatre Ledger Install
117.04
314 7045 Supplies - Building
R&M
8283 Banner Plumbing
Supply Company LLC
2668820 Plumbing Supplies Theatre 2,010.32
315 7045 Supplies - Building
R&M
8283 Banner Plumbing
Supply Company LLC
2668821 Plumbing Supplies for Theatre 1,829.70
316 7045 Supplies - Building
R&M
8283 Banner Plumbing
Supply Company LLC
2669640 Women's Room Plumbing
Supplies Theatre
1,965.67
317 7045 Supplies - Building
R&M
8283 Banner Plumbing
Supply Company LLC
2673682 Plumbing Supplies Theatre 492.76
318 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
3025298 Screws/Liquid Nails/Saw
Blade at Theatre
42.24
319 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
3514649 Liquid Nails for 1486 Miner 26.11
320 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
3623537 Spot Lights for Theatre 179.55
321 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
4024955 Screws/Bit Holder at Theatre 22.44
322 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
4031826 Wood and Corner Bead for
Theatre
893.84
323 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
4034193 Sump Pump for Elevator Shaft
at Theater
169.00
324 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
4053007 Tapcon and Tapcon Bits at
Theatre
65.33
325 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
4601273 Steel Door for 1486 Miner
St./Bit Holders
276.94
326 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
4971889 Primer for Theatre 2,123.80
327 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
5061682 Water, Insulating Foam
Sealant, Water Stop Cement-
Theater
81.69
328 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
5080540 Rust Stop Paint 58.56
329 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
5630031 Wood to Wrap Entrance
Doors at the Theater
187.69
330 7045 Supplies - Building
R&M
1527 Sherwin-Williams
Company, The
5837-0 Paint for Theatre 355.82
331 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
6024889 Mortar Mix/Fasteners for
Theatre
342.22
332 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
6024891 Conduit Box
Washers/Painters Tape/Duct
Tape/Etc
86.60
Page 18 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
333 7045 Supplies - Building
R&M
1057 Menard Incorporated 63255 Drywall Screws/Utility
Blades/Etc
89.03
334 7045 Supplies - Building
R&M
1527 Sherwin-Williams
Company, The
6349-5 Primer for Theatre 159.40
335 7045 Supplies - Building
R&M
1057 Menard Incorporated 64348 Lumber for Theatre 1,562.54
336 7045 Supplies - Building
R&M
1057 Menard Incorporated 64350 Bulbs for Theatre 9.99
337 7045 Supplies - Building
R&M
1057 Menard Incorporated 65304 Duct Tape for Theatre 8.45
338 7045 Supplies - Building
R&M
1057 Menard Incorporated 67545 Hydraulic Cement at Theatre 47.30
339 7045 Supplies - Building
R&M
1057 Menard Incorporated 67796 Theater Drywall and Adhesive 105.26
340 7045 Supplies - Building
R&M
1057 Menard Incorporated 67812 Supplies for Lights at the
Theater
31.85
341 7045 Supplies - Building
R&M
1057 Menard Incorporated 67872 Drill Bits for Theatre 30.90
342 7045 Supplies - Building
R&M
1057 Menard Incorporated 68011 Threadlocker for Joist Bolts
for Theatre
5.97
343 7045 Supplies - Building
R&M
1057 Menard Incorporated 68019 Lumber for Theatre 16.00
344 7045 Supplies - Building
R&M
1057 Menard Incorporated 68062 Plaster Supplies for Theatre 19.55
345 7045 Supplies - Building
R&M
1057 Menard Incorporated 68360 Ceiling Medallion for Theatre 29.99
346 7045 Supplies - Building
R&M
1057 Menard Incorporated 68632 Impact Bits for Theatre 7.44
347 7045 Supplies - Building
R&M
1057 Menard Incorporated 68633 LVL's to Support RTU's at
1486 Miner St
300.93
348 7045 Supplies - Building
R&M
1057 Menard Incorporated 68649 Painters Tape/Plastic/Etc for
Theatre
90.96
349 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
7024573 Wood/Nails for Theatre 48.15
350 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
7621216 Water Stop, Joist Hangers,
Joist Hanger Nails
58.57
351 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
8024241 Steel Studs for 1486 Miner St.143.52
352 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
8024388 Mortar Mix/Drywall
Compound/Etc Theatre
475.05
353 7045 Supplies - Building
R&M
1072 Prairie Material 889694816 Concrete for 1486 and
Theatre Basement
151.00
354 7045 Supplies - Building
R&M
1072 Prairie Material 889694816 Concrete for 1486 and
Theatre Basement
604.00
355 7045 Supplies - Building
R&M
1072 Prairie Material 889763183 Theatre Concrete for
Transformer Pad
631.60
356 7045 Supplies - Building
R&M
1047 Home Depot Credit
Svcs
9024121 Drywall Screws/Steel
Studs/Plated for 1486 Miner
78.85
357 7045 Supplies - Building
R&M
6992 Core & Main LP N075861 Storm Drain Fittings for
Theatre
387.00
358 7045 Supplies - Building
R&M
6992 Core & Main LP N075896 Sewer Pipe for Theatre 1,248.80
Page 19 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
359 7045 Supplies - Building
R&M
1208 Steiner Electric
Company
S006760182.003 Clips for Rope Lights in
Theatre
146.86
360 7045 Supplies - Building
R&M
1208 Steiner Electric
Company
S006760182.004 Theatre Cove Lighting 7,631.45
361 8100 Improvements 3281 Alliance Contractors
Inc
2018-River-P27 R-141-18 Contract 62267
River Rd Recon 10/01-
10/31/2020
50,330.93
341,054.18
362 8375 Bank/Trust/Agency
Fees
1718 Amalgamated Bank of
Chicago
1853486004-2020 Bank/Agency Fees Bond
Series 2009A for 11/01/2020-
10/31/2021
350.00
350.00
350.00
363 6000 Professional Services 7355 Soil & Material
Consultants Inc
45843 Geotechnical Services - Fire
Station 63 on 10/01/2020
175.00
364 6000 Professional Services 7355 Soil & Material
Consultants Inc
45855 Geotechnical Services- 2020
CIP Cont A 10/21/2020
820.00
365 6155 Sidewalk
Improvements
1141 Copenhaver
Construction Inc
2020-0-P3 R-126-20 Contractor 2020 CIP
Concrete Improv 10/15-
11/13/2020
70,914.65
366 6330 R&M Traffic Signals 1206 Illinois, State of 59745 Traffic Signal Maintenance
07/01-09/30/2020
9,679.40
367 8100 Improvements 1141 Copenhaver
Construction Inc
2020-0-P3 R-126-20 Contractor 2020 CIP
Concrete Improv 10/15-
11/13/2020
129,045.49
210,634.54
368 6000 Professional Services 1123 Christopher B Burke
Engineering LTD
161765 Engr Services-Oakton St
Sidepath 09/27-10/31/2020
1,167.50
369 6000 Professional Services 1394 Gewalt Hamilton
Associates Inc
5693.000-8 Construction Engr-Lee-Forest
Signalization 09/28-
10/31/2020
35,990.44
370 6005 Legal Fees 8133 Elrod Friedman LLP 2221 10-20 Non-Retainer IEMA &
FEMA Review Phase 5
88.00
371 6005 Legal Fees 8133 Elrod Friedman LLP 2222 10-20 Non-Retainer IEMA &
FEMA Review Phase 4
4,686.00
372 6005 Legal Fees 8169 Burke, Warren,
MacKay & Serritella PC
236219-0M70001 Legal Fees - Rand Rd Sidepath
21 Rand Rd 07/08-07/31/2020
2,660.00
373 6005 Legal Fees 8169 Burke, Warren,
MacKay & Serritella PC
236318 Legal Fees - Rand Rd Sidepath
1507 Rand Rd 07/02-
07/31/2020
1,080.00
374 6005 Legal Fees 1733 Burke Burns & Pinelli
Ltd
27901-0LN0006 Legal Fees - Lee & Forest TL
1387 Lee St 08/10/2020
100.00
Total 206 - TIF #6 Mannheim/Higgins Fund
Fund: 230 - Motor Fuel Tax Fund
Total 230 - Motor Fuel Tax Fund
Total 201 - TIF #1 Downtown Fund
Fund: 206 - TIF #6 Mannheim/Higgins Fund
Program: 09A0 - 2009A Refunding 2003C/2004B
Total 09A0 - 2009A Refunding 2003C/2004B
Fund: 250 - Grant Projects Fund
Program: 2520 - Capital Grants
Page 20 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
375 6005 Legal Fees 1733 Burke Burns & Pinelli
Ltd
27902-0LN0007 Legal Fees - Lee & Forest TL
1365 Lee 08/03/2020
60.00
376 8100 Improvements 3281 Alliance Contractors
Inc
2018-River-P27 R-141-18 Contract 62267
River Rd Recon 10/01-
10/31/2020
97,268.95
143,100.89
143,100.89
377 7300 Uniforms 1164 Uniform Den East Inc 69618-80 Credit For Body Armor
Alteration 09/09/2020
(50.00)
378 8015 Equipment 1164 Uniform Den East Inc 71333 TRT-2020- Ballistic Shields (2)11,605.00
11,555.00
11,555.00
379 6000 Professional Services 1123 Christopher B Burke
Engineering LTD
161766 T.O. 4 - Engr Services-Area #4
Drainage Study 09/27-
10/31/2020
10,080.00
380 6000 Professional Services 1079 AECOM Technical
Services Inc
2000429013 Engr Svcs-Ballard Rd Water
Main Relocation 09/12-
10/23/2020
1,076.31
381 6000 Professional Services 1647 RJN Group Inc 35460304 Engineering Services - Fire
Station #63 - 10/01-
10/30/2020,
4,137.50
382 6005 Legal Fees 8133 Elrod Friedman LLP 2247 10-20 Non-Retainer Rand
Road Sidepath Petition
76.50
383 8100 Improvements 3281 Alliance Contractors
Inc
2018-River-P27 R-141-18 Contract 62267
River Rd Recon 10/01-
10/31/2020
1,434.87
16,805.18
384 8020 Vehicles 1146 Currie Motors
Frankfort Inc
H13718 Ford F-450 Truck - PW 5123 -
10/30/2020, R-46-20
72,542.00
72,542.00
385 6140 Leases 5109 Konica Minolta
Premier Finance
5012475275 Konica Minolta Lease 10/01-
11/20/2020
12,273.63
12,273.63
386 6315 R&M Buildings &
Structures
5400 Dahme Mechanical
Industries Inc
20200459 RPZ Testing & Certification
10/08-10/21/2020
550.00
387 6315 R&M Buildings &
Structures
1113 Action Fence
Contractors Inc
30045 Dumpster Enclosure - 769
Holiday Lane - 11/09/2020
6,500.00
Total 250 - Grant Projects Fund
Fund: 260 - Asset Seizure Fund
Program: 2620 - DEA
Total 2620 - DEA
Total 2520 - Capital Grants
Fund: 410 - Equipment Replacement Fund
Total 410 - Equipment Replacement Fund
Fund: 420 - IT Replacement Fund
Total 260 - Asset Seizure Fund
Fund: 400 - Capital Projects Fund
Total 400 - Capital Projects Fund
Total 420 - IT Replacement Fund
Fund: 430 - Facilities Replacement Fund
Page 21 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
388 6315 R&M Buildings &
Structures
7146 JOS Services Inc 3328 Test Back-Flow Preventer at
Food Pantry 10/26/2020
250.00
389 6315 R&M Buildings &
Structures
1086 Arrow Road
Construction Company
50320-P1 CO#1 Parking Lot
Improvements-Pantry-10/11-
10/17/2020, R-151-20
50,062.50
390 6315 R&M Buildings &
Structures
1086 Arrow Road
Construction Company
50320-P1A Additional Asphalt Binder -
Pantry Lot 10/11-10/17/2020
15,528.34
391 7045 Supplies - Building
R&M
2028 Northwest Electrical
Supply
17480207 Food Pantry Electric Supplies 170.91
392 7045 Supplies - Building
R&M
1057 Menard Incorporated 67409 Electric Supplies at Food
Pantry
29.34
393 7045 Supplies - Building
R&M
1057 Menard Incorporated 67419 FRP for Bathroom at the Food
Pantry
91.11
394 7045 Supplies - Building
R&M
1057 Menard Incorporated 67436 Adhesive and Trowel for Food
Pantry Bathroom
24.94
395 7045 Supplies - Building
R&M
1057 Menard Incorporated 67535 Cap and Sealant for Leaking
Gas Line at Food Pantry
10.46
396 7045 Supplies - Building
R&M
1057 Menard Incorporated 67818 Plumbing Supplies for the
Food Pantry
21.41
397 7045 Supplies - Building
R&M
1550 Addison Building
Material Co
939699 Gas Pipe, Elbow, Nipples -
Food Pantry
173.24
398 7045 Supplies - Building
R&M
5969 Security Equipment
Supply Inc
L58621 Fire Protection Parts - Food
Pantry
275.10
399 7045 Supplies - Building
R&M
5969 Security Equipment
Supply Inc
L58624 Return Fire Protection Parts -
Food Pantry
(278.71)
400 7045 Supplies - Building
R&M
5969 Security Equipment
Supply Inc
M18652 Returned Smoke Detector -
Pantry - 10/28/2020
(54.45)
73,354.19
401 4601 New Construction -
Sale of Water
1805 Pine Park
Homeowner's Assn
Refund 11/04/20 Hydrant Usage Refund
10/28/2020
(710.38)
402 4601 New Construction -
Sale of Water
8309 Johnson Paving
Company
Refund 11/12/20 Hydrant Usage Refund
11/12/2020
(69.29)
(779.67)
403 5325 Training 1576 Illinois Section
American Water Works
Association
200056554 IEPA Webinar - Utility
Superintendent - 10/22/2020
& 10/29/2020
60.00
404 5325 Training 1576 Illinois Section
American Water Works
Association
200056934 2 Regulatory Updates - Crew
Leader/Operator -
10/22&10/29/2020
120.00
405 6015 Communication
Services
1027 Call One 338683 Communication Service 11/15-
12/14/2020
1,332.63
406 6180 Water Sample Testing 1642 Suburban
Laboratories, Inc
181928 IEPA Testing 10/06-
10/28/2020
1,995.00
407 6195 Miscellaneous
Contractual Services
1467 HBK Water Meter
Service Inc
200500 12 Meter Bench Tests -
11/02/2020
326.00
Fund: 500 - Water/Sewer Fund
Non Departmental
Division: 000 - Non Divisional
Total 000 - Non Divisional
Total 430 - Facilities Replacement Fund
Division: 550 - Water Systems
Page 22 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
408 6195 Miscellaneous
Contractual Services
5400 Dahme Mechanical
Industries Inc
20200459 RPZ Testing & Certification
10/08-10/21/2020
800.00
409 6335 R&M Water
Distribution System
8289 Layne Christensen
Company
1919781 T&M Estimate - Clean,
Disassemble & Inspect Pump -
11/13/2020
3,068.50
410 7030 Supplies - Tools &
Hardware
6679 Olson's Ace Hardware 014137/3 4 Paint Brushes 5.72
411 7030 Supplies - Tools &
Hardware
1057 Menard Incorporated 68459 Flashlight & Battery Pack 40.95
412 7045 Supplies - Building
R&M
1057 Menard Incorporated 67405 Batteries, Flashlights &
Heaters
69.91
413 7045 Supplies - Building
R&M
1057 Menard Incorporated 67925 Central Road Pump Station
Gate Batteries
27.47
414 7045 Supplies - Building
R&M
1057 Menard Incorporated 67992 Link Coil, Tape, Anchors,
Screws, Etc.
52.71
415 7050 Supplies - Streetscape 2016 Signarama 41602 24 Fall Boulevard Banners -
River Rd. - 10/06/2020
1,169.00
416 7050 Supplies - Streetscape 1347 Lurvey Landscape
Supply
T1-10363992 3.0 Cu Yds Top Soil & 50#
Grass Seed - 10/02/2020
218.95
417 7050 Supplies - Streetscape 1347 Lurvey Landscape
Supply
T1-10368969 3.0 Cu Yds Top Soil - Parkway
Restorations - 10/29/2020
88.95
418 7070 Supplies - Water
System Maintenance
1709 Ziebell Water Service
Products Inc
251026-000 2 Fire Hydrants - 08/19/2020,
R-24-20
6,556.00
419 7070 Supplies - Water
System Maintenance
1709 Ziebell Water Service
Products Inc
251946-000 2 Fire Hydrants - 10/28/2020,
R-24-20
6,556.00
420 7070 Supplies - Water
System Maintenance
1709 Ziebell Water Service
Products Inc
251947-000 2 Brass Bushings 74.72
421 7070 Supplies - Water
System Maintenance
1709 Ziebell Water Service
Products Inc
252098-000 12 B-Box Parts 262.56
422 7070 Supplies - Water
System Maintenance
1047 Home Depot Credit
Svcs
6072854 Replacement Hot Water Tank 389.00
423 7070 Supplies - Water
System Maintenance
1057 Menard Incorporated 63318 24 Brass Meter Fittings 128.36
424 7070 Supplies - Water
System Maintenance
1072 Prairie Material 889782864 7.5 Cu Yds Concrete - Wolf Rd -
10/27/2020
1,000.48
425 7070 Supplies - Water
System Maintenance
6992 Core & Main LP N081634 18 B-Boxes 1,230.00
426 7070 Supplies - Water
System Maintenance
6992 Core & Main LP N094965 900 Rubber Meter Washers 93.00
427 7070 Supplies - Water
System Maintenance
6992 Core & Main LP N096746 200 Rubber Meter Washers 24.00
428 7070 Supplies - Water
System Maintenance
6992 Core & Main LP N102931 18 5/8" Water Meters -
10/30/2020, R-4-20
7,920.00
429 7070 Supplies - Water
System Maintenance
6992 Core & Main LP N308555 Meter Installations - 10/12-
10/18/2020
4,944.00
430 7070 Supplies - Water
System Maintenance
6992 Core & Main LP N308766 Meter Installations - 01/19-
10/25/2020
8,014.00
431 7070 Supplies - Water
System Maintenance
6992 Core & Main LP N308985 Meter Installations - 10/26-
11/01/2020
7,117.00
432 7070 Supplies - Water
System Maintenance
6992 Core & Main LP N314421 6 Inch Valve 635.00
Page 23 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
433 7105 Wholesale Water -
NWWC
2901 Northwest Water
Commission
11022020 Wholesale Water Purchase -
10/01-10/31/2020, R-183-14
317,526.04
434 7120 Gasoline 5415 Gas Depot Inc 85604-1 5,500 Gals Unleaded Gas -
11/12/2020, R-26-20
1,247.97
435 7130 Diesel 5415 Gas Depot Inc 85605-1 2,505 Gals Bio Diesel Winter
Blend - 11/12/2020, R-26-20
384.31
436 7150 Water Treatment
Chemicals
1082 Alexander Chemical
Corporation
31717 CL2 Cylinder Rental -
10/30/2020
223.00
373,701.23
437 6015 Communication
Services
1027 Call One 338683 Communication Service 11/15-
12/14/2020
473.76
438 6340 R&M Sewer System 5737 Jamerson & Bauwens
Electrical Contractors Inc
82913 Annual Megger Testing -
Busse, Miner, & Wheels PS -
08/02/2020
1,176.96
439 6505 Subsidy - Sewer Lateral
Program
8308 Vogel, John R SLP20-024 Sewer Rebate - 11/17/20 2,443.50
440 6505 Subsidy - Sewer Lateral
Program
8307 Malczewski, Laura SLP20-025 Sewer Rebate -11/17/20 3,520.80
441 7020 Supplies - Safety 2053 USA Bluebook 414559 Safety PPE, Leather Gloves,
Latex Gloves, & Ear Plugs
492.15
442 7030 Supplies - Tools &
Hardware
1057 Menard Incorporated 68001 Steel Cable & Mounting
Hardware
29.79
443 7035 Supplies - Equipment
R&M
1274 O'Leary's Contractors
Equipment & Supply Inc
359571 16" Saw Blade 145.00
444 7040 Supplies - Vehicle R&M 5573 Henderson Products
Inc
323997 Plastic PVC Fittings - PW 8036 35.25
445 7040 Supplies - Vehicle R&M 1062 NAPA of Des Plaines 5741-773778 Fastener - PW 8021 6.55
446 7075 Supplies - Sewer
System Maintenance
2053 USA Bluebook 414387 55 Lbs Drain Opener 250.95
447 7075 Supplies - Sewer
System Maintenance
1072 Prairie Material 889797314 1.0 Cu Yd Concrete - 505 Bell
(Curb) - 11/04/2020
140.00
448 7075 Supplies - Sewer
System Maintenance
1072 Prairie Material 889803475 1.25 Cu Yds Concrete - 505
Bell & 80 Lance - 11/06/2020
175.00
449 7120 Gasoline 5415 Gas Depot Inc 85604-1 5,500 Gals Unleaded Gas -
11/12/2020, R-26-20
584.33
450 7130 Diesel 5415 Gas Depot Inc 85605-1 2,505 Gals Bio Diesel Winter
Blend - 11/12/2020, R-26-20
449.90
451 7140 Electricity 1033 ComEd 3240002012-
10/20
Electricity Service 09/23-
10/23/2020
410.48
10,334.42
452 6000 Professional Services 1647 RJN Group Inc 35460204A TO #2 - Sewer System
Evaluation - 10/01-
10/30/2020, R-11-20
1,253.13
453 6000 Professional Services 1647 RJN Group Inc 35460404 TO#4-NPDES MS4 & CSO
Program Review & Audit -
10/30/2020, R-18-2
1,262.50
Division: 580 - CIP - Water/Sewer
Total 550 - Water Systems
Division: 560 - Sewer Systems
Total 560 - Sewer Systems
Page 24 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
454 8100 Improvements 3281 Alliance Contractors
Inc
2018-River-P27 R-141-18 Contract 62267
River Rd Recon 10/01-
10/31/2020
59,596.93
62,112.56
445,368.54
455 6025 Administrative Services 7961 BridgePay Network
Solutions LLC
6718 Utility Web & Business
License Transaction Fee for
Oct 2020
199.78
199.78
445,568.32
456 6015 Communication
Services
1027 Call One 338683 Communication Service 11/15-
12/14/2020
207.61
457 6015 Communication
Services
1027 Call One 338683 Communication Service 11/15-
12/14/2020
1,023.06
458 6025 Administrative Services 7960 Passport Labs Inc INV-1016834 Mobile Pay Parking
Transaction Fees October
2020
3.33
459 6320 R&M Parking Lots 5400 Dahme Mechanical
Industries Inc
20200459 RPZ Testing & Certification
10/08-10/21/2020
200.00
460 6320 R&M Parking Lots 5400 Dahme Mechanical
Industries Inc
20200459 RPZ Testing & Certification
10/08-10/21/2020
200.00
461 6320 R&M Parking Lots 2350 Anderson Elevator Co INV-34945-V4P3 Library Parking Deck Elevator
Repair 10/16/2020
651.00
2,285.00
462 6025 Administrative Services 7960 Passport Labs Inc INV-1016834 Mobile Pay Parking
Transaction Fees October
2020
24.05
463 7540 Land Lease 1165 Union Pacific Railroad
Company
Oct 2020 Parking Fees for October 2020 170.68
194.73
464 5345 Post-Employment
Testing
7133 Mid-West Truckers
Association Inc
722556 Post-Employment Drug Tests -
10/29/2020
240.75
465 5545 MICA Deductible 1061 Municipal Insurance
Cooperative Agency
3099445 051084 MICA Claim Deductible
07/11/2020 L003099445
1,000.00
466 5545 MICA Deductible 1061 Municipal Insurance
Cooperative Agency
3113448 051085 MICA Claim Deductible
07/01/2020 L003113448
177.50
467 5570 Self Insured P&L
Expense
1089 Autokrafters of Des
Plaines
1455 Accident Repair - Police 6086 -
08/07/2020
11,267.20
12,685.45
Total 580 - CIP - Water/Sewer
Total 00 - Non Departmental
Fund: 510 - City Owned Parking Fund
Total 510 - City Owned Parking Fund
Fund: 520 - Metra Leased Parking Fund
Department: 30 - Finance
Total 30 - Finance
Total 500 - Water/Sewer Fund
Total 520 - Metra Leased Parking Fund
Fund: 600 - Risk Management Fund
Total 600 - Risk Management Fund
Page 25 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
468 6195 Miscellaneous
Contractual Services
1412 Discovery Benefits Inc 0001245920-IN Commuter-Monthly & FSA-
Monthly 10/01-10/31/2020
549.50
549.50
469 2229 Event - Holiday Lighting 1431 Optimist Club of Des
Plaines
2020 Trees 25 Trees for the 2020 Holiday
Lighting Ceremony
800.00
470 2430 Escrow - Police Items 1320 IL State Police Cost 01755-08/20 Background Check Services -
August 2020 Fingerprints
84.75
471 2460 Refundable Bonds 8306 Grama, Anatoli Refund - 11/4/20 Bond Refund - 2016-
09000052 - Permit Issued
7/12/2017
5,000.00
472 2464 Hydrant Deposits 1805 Pine Park
Homeowner's Assn
Refund 11/04/20 Hydrant Usage Refund
10/28/2020
1,100.00
473 2464 Hydrant Deposits 8309 Johnson Paving
Company
Refund 11/12/20 Hydrant Usage Refund
11/12/2020
1,100.00
474 2486 Additional Contracts -
Engineering
1141 Copenhaver
Construction Inc
2020-0-P3 R-126-20 Contractor 2020 CIP
Concrete Improv 10/15-
11/13/2020
675.00
475 2493 Escrow - CED
Development
8133 Elrod Friedman LLP 2229 10-20 Reimb Redevelopment 200.00
476 2493 Escrow - CED
Development
8133 Elrod Friedman LLP 2230 10-20 Reimb Redevelopment 520.00
477 2493 Escrow - CED
Development
8133 Elrod Friedman LLP 2231 10-20 Reimb Redevelopment 412.50
478 2493 Escrow - CED
Development
8133 Elrod Friedman LLP 2232 10-20 Reimb Redevelopment 1,720.00
479 2493 Escrow - CED
Development
8133 Elrod Friedman LLP 2233 10-20 Reimb Redevelopment 840.00
12,452.25
1,938,484.20Grand Total
Fund: 610 - Health Benefits Fund
Total 610 - Health Benefits Fund
Fund: 700 - Escrow Fund
Total 700 - Escrow Fund
Page 26 of 36
Line #Vendor Invoice Invoice Description Amount
480 6015 Communication
Services
1010 AT&T Mobility 287025333959No
v
Communication Service 10/04-
11/03/2020
135.69
135.69
481 5560 Unemployment
Claims
1048 IDES IL Dept of
Employment Security
0800793-Q2-
2020C
Covid-19 Credit for Unemployment
Claims Paid 2nd Qtr 2020
(16,577.50)
482 5560 Unemployment
Claims
1048 IDES IL Dept of
Employment Security
0800793-Q3-2020 Unemployment Claims Paid 3rd Qtr
2020 - Account 800793
21,216.50
4,639.00
4,774.69
483 7110 Natural Gas 1064 Nicor 10/15/20x507801
R
Natural Gas Service 09/14-
10/12/2020
122.03
484 7110 Natural Gas 1064 Nicor 10/16/20x318161
R
Natural Gas Service 09/15-
10/15/2020
122.15
485 7110 Natural Gas 1064 Nicor 10/26/20
x318161
Natural Gas Service 10/16-
10/22/2020
29.16
273.34
486 6195 Miscellaneous
Contractual
Services
7631 T-Mobile USA Inc 965199112-
Oct20R
Vehicle Positioning System 09/21-
10/20/2020
252.00
252.00
525.34
487 6015 Communication
Services
1009 AT&T 847R18054610-
20
Communication Service 10/28-
11/27/2020
63.55
63.55
63.55
488 6015 Communication
Services
1032 Comcast 10/22/20 x6716 Internet/Cable Service Nov 2020 48.84
48.84
489 6015 Communication
Services
1032 Comcast 11/11/20 x1141 Internet/Cable Service 11/18-
12/17/2020
434.62
Department: 90 - Overhead
Department: 65 - Emergency Management Agency
Total 65 - Emergency Management Agency
Total 535 - Facilities & Grounds Maintenance
Division: 540 - Vehicle Maintenance
Total 60 - Police Department
City of Des Plaines
Warrant Register 12/07/2020
Account
Fund: 100 - General Fund
City Administration
Manual Payments
Total 540 - Vehicle Maintenance
Total 50 - Public Works & Engineering
Police Department
Division: 630 - Support Services
Total 630 - Support Services
Division: 230 - Information Technology
Total 230 - Information Technology
Public Works & Engineering
Division: 535 - Facilities & Grounds Maintenance
Division: 250 - Human Resources
Total 250 - Human Resources
Total 20 - City Administration
Page 27 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
Manual Payments
490 6015 Communication
Services
1533 Wide Open West LLC 11526044Oct20R-
A
Internet/Cable Service x6044 10/21-
11/20/2020
661.37
491 6015 Communication
Services
1533 Wide Open West LLC 11526044Oct20R-
B
Internet/Cable Service x1245 10/21-
11/20/2020
1,575.92
492 6015 Communication
Services
1533 Wide Open West LLC 11526044Oct20R-
C
Internet/Cable Service x1246 10/21-
11/20/2020
1,139.50
3,811.41
9,223.83
493 8030 Land 4633 Walgreen Co 0M70001 Rand Rd Sidepath - Temporary
Easement 21 Rand Road
8,200.00
8,200.00
8,200.00
494 7110 Natural Gas 1064 Nicor 10/13/20x550488
R
Natural Gas Service 09/12-
10/11/2020
38.93
495 7110 Natural Gas 1064 Nicor 10/13/20x603131
R
Natural Gas Service 09/12-
10/11/2020
38.93
77.86
496 2466 Overpayments -
Utility Systems
8310 Mr. Pup, Inc Ref 73430628-
001
Refund Overpayment on Utility Bill
11/20/2020
1,440.00
497 6015 Communication
Services
1533 Wide Open West LLC 11526044Oct20R-
D
Internet/Cable Service x0573 10/21-
11/20/2020
420.00
420.00
1,860.00
498 5570 Self Insured P&L
Expense
8299 Andruszczak, Scot Reimb 11/04/20 Reimbursement for Damages -
Settlement Agreement
500.00
500.00
19,861.69Grand Total
Total 250 - Grant Projects Fund
Fund: 500 - Water/Sewer Fund
Division: 550 - Water Systems
Total 550 - Water Systems
Total 600 - Risk Management Fund
Fund: 600 - Risk Management Fund
Fund: 201 - TIF #1 Downtown Fund
Total 201 - TIF #1 Downtown Fund
Total 90 - Overhead
Total 500 - Water/Sewer Fund
Total 100 - General Fund
Fund: 250 - Grant Projects Fund
Program: 2520 - Capital Grants
Total 2520 - Capital Grants
Page 28 of 36
Line #Vendor Invoice Invoice Description Amount
499 7310 Publications 1050 Journal & Topics
Newspapers
PC - 30039 Oct 2020 Online Newspaper
Subscription - Mayor's Office
5.99
5.99
5.99
500 6195 Miscellaneous
Contractual
Services
8153 Zoom Video
Communications Inc
PC - 30056 Monthly Video Conferencing
Fee 10/26/2020 - 11/25/2020
14.99
14.99
501 6195 Miscellaneous
Contractual
Services
8153 Zoom Video
Communications Inc
PC - 30115 Zoom Webinar Subscription
10/30/2020-11/29/2020
40.00
502 6195 Miscellaneous
Contractual
Services
6008 Network Solutions LLC PC - 30120 Dpcitynet.com Renewal
10/6/20-10/5/21
81.96
503 6195 Miscellaneous
Contractual
Services
5940 GoDaddy.Com LLC PC - 30123 SSL Certificate for
*desplaines.org
859.98
504 6195 Miscellaneous
Contractual
Services
5940 GoDaddy.Com LLC PC - 30124 Refund for SSL Certificate for
*desplaines.org
(859.98)
505 6195 Miscellaneous
Contractual
Services
6008 Network Solutions LLC PC - 30130 Monthly Secure Express
Renewal 10/19/20 - 11/17/20
7.99
506 6195 Miscellaneous
Contractual
Services
6008 Network Solutions LLC PC - 30134 Cityofdesplaines 10/23/20-
2022 Tasteofdesplaines
10/23/20-2021
171.93
507 7005 Printer Supplies 4348 Amazon.Com PC - 30125 Epson Magenta Cartridge for
City Use
41.25
508 7320 Equipment <
$5,000
4348 Amazon.Com PC - 30116 Cat6 Cable for City Use 35.62
509 7320 Equipment <
$5,000
4348 Amazon.Com PC - 30117 Mouse Pad for 2nd Floor
Conference Room
11.39
510 7320 Equipment <
$5,000
4348 Amazon.Com PC - 30118 Toner USB Conference
Microphones for City Use
369.90
511 7320 Equipment <
$5,000
4348 Amazon.Com PC - 30119 HDMI Splitter for City Use 12.98
512 7320 Equipment <
$5,000
4348 Amazon.Com PC - 30121 Belkin Power Strips for City
Use
93.36
Division: 210 - City Manager
Total 210 - City Manager
Division: 230 - Information Technology
City of Des Plaines
Warrant Register 12/07/2020
Account
Fund: 100 - General Fund
Elected Office
JPMorgan Chase
Division: 110 - Legislative
Total 110 - Legislative
Total 10 - Elected Office
City Administration
Page 29 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
JPMorgan Chase
513 7320 Equipment <
$5,000
8260 GPSCity.com PC - 30122 Ram Mounting Hardware for
Police Department
292.31
514 7320 Equipment <
$5,000
4348 Amazon.Com PC - 30126 Otterbox Defender iPhone
Case for City Use
20.00
515 7320 Equipment <
$5,000
4348 Amazon.Com PC - 30127 Logitech Webcam for Police
Department
99.90
516 7320 Equipment <
$5,000
4348 Amazon.Com PC - 30128 Logitech Webcam for Police
Department
99.90
517 7320 Equipment <
$5,000
4348 Amazon.Com PC - 30129 Logitech Wireless Keyboard
and Mouse for City Use
39.96
518 7320 Equipment <
$5,000
8260 GPSCity.com PC - 30131 Ram Mounting Hardware for
Police Department
50.48
519 7320 Equipment <
$5,000
8260 GPSCity.com PC - 30132 Ram Mounting Hardware for
Police Department
92.08
520 7320 Equipment <
$5,000
8260 GPSCity.com PC - 30133 Ram Mounting Hardware for
Police Department
337.66
521 7320 Equipment <
$5,000
4348 Amazon.Com PC - 30135 Logitech Wireless Keyboard
and Mouse for City Use
39.96
522 7320 Equipment <
$5,000
4348 Amazon.Com PC - 30136 Dewalt Tool Box Mobile for IT
Department
97.99
523 7320 Equipment <
$5,000
4348 Amazon.Com PC - 30137 Olsa Socket Organizer for IT
Department
26.99
524 7320 Equipment <
$5,000
4348 Amazon.Com PC - 30138 Otterbox Defender iPhone
Cases for City Use
40.54
2,104.15
525 5325 Training 4626 National Association of
Social Workers - NASW
PC - 30040 NASW Webinar Art of
Remote Listening 10/06/20-
Social Worker
10.00
526 6195 Miscellaneous
Contractual
Services
5096 iStock PC - 30042 iStock Essentials 25/Pkg for
Illustration Rights 10/29/20-
11/29/
65.00
527 7550 Miscellaneous
Expenses
4348 Amazon.Com PC - 30041 Cellophane Bags for
Retirement Gifts
12.48
87.48
528 6100 Publication of
Notices
1753 American Public Works
Association - APWA
PC - 30085 Job Ad-PW-Maint Oper-Sewer
System Maint 10/16-
11/06/2020
325.00
529 6100 Publication of
Notices
1563 American Water
Works Assoc (AWWA)
PC - 30086 Job Ad-PW-Maint Oper-Sewer
System Maint 10/16-
11/06/2020
299.00
530 6195 Miscellaneous
Contractual
Services
8153 Zoom Video
Communications Inc
PC - 30053 Standard Pro Annual Plan
10/22/2020-10/21/21 HR
Director
149.90
Division: 240 - Media Services
Total 240 - Media Services
Division: 250 - Human Resources
Total 230 - Information Technology
Page 30 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
JPMorgan Chase
531 7000 Office Supplies 4348 Amazon.Com PC - 30054 10 Pack USB Thumb Drive
Memory Stick Zip Flash Drives
25.98
532 7550 Miscellaneous
Expenses
5191 Giordano's of Des
Plaines
PC - 30052 Meal-Fire Negotiations on
09/29/2020
61.44
861.32
3,067.94
533 6195 Miscellaneous
Contractual
Services
8153 Zoom Video
Communications Inc
PC - 30036 Zoom Subscription 10/7/20 to
11/6/20
14.99
14.99
534 7000 Office Supplies 5087 American Society of
Civil Engineers
PC - 30084 Two 2021 Calendars 24.00
24.00
535 5310 Membership
Dues
5441 International Society
of Arboriculture
PC - 30047 Arborist Renewal for Supt
12/31/2020-12/31/2021
190.00
536 5310 Membership
Dues
5441 International Society
of Arboriculture
PC - 30049 Street Foreman Arborist
Renewal 12/31/2020-
12/31/2021
190.00
380.00
537 7025 Supplies -
Custodial
8302 MetroTech Chemicals
Inc
PC - 30046 Disinfectant Spray for all
Buildings
1,200.00
538 7045 Supplies - Building
R&M
3617 Knox Company PC - 30048 Knox Box for Stock 510.00
539 7045 Supplies - Building
R&M
4444 Misc Vendor for
Procurement Card
PC - 30050 Food Pantry Water Service
9/2/20-10/1/20
70.57
540 7045 Supplies - Building
R&M
4348 Amazon.Com PC - 30089 Dishwasher Repair Part - Fire
Station 63
59.41
1,839.98
541 7320 Equipment <
$5,000
4444 Misc Vendor for
Procurement Card
PC - 30043 Caster Assembly for Lift 108.88
108.88
2,367.85
Division: 535 - Facilities & Grounds Maintenance
Total 535 - Facilities & Grounds Maintenance
Division: 540 - Vehicle Maintenance
Total 540 - Vehicle Maintenance
Total 50 - Public Works & Engineering
Total 250 - Human Resources
Total 20 - City Administration
Public Works & Engineering
Division: 100 - Administration
Total 100 - Administration
Division: 510 - Engineering
Total 510 - Engineering
Division: 530 - Street Maintenance
Total 530 - Street Maintenance
Page 31 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
JPMorgan Chase
542 7000 Office Supplies 4348 Amazon.Com PC - 30110 Bulletin Board 64.13
64.13
543 5325 Training 1438 Association of Police
Social Workers
PC - 30109 Ethics for Social Workers
Training, 1 Social Worker
10/23/2020
50.00
544 7000 Office Supplies 4348 Amazon.Com PC - 30108 4 Boxes of Flash Drives 99.26
149.26
545 5325 Training 7096 ALICE Training
Institute LLC
PC - 30059 Alice Instructor
Recertification Online Class, 1
Officer
10.00
546 5325 Training 4747 Safe Kids Worldwide PC - 30105 Training-1 CSO Child Safety
Seat Re-Certification
10/19/2020
55.00
547 7000 Office Supplies 4348 Amazon.Com PC - 30057 CD/CDR For Investigations
Division
355.46
548 7000 Office Supplies 4348 Amazon.Com PC - 30060 Refund for 1 Box of DVD-R, 16
Each
(22.99)
549 7000 Office Supplies 4348 Amazon.Com PC - 30061 Refund For 9 Boxes of DVD-R,
16 Each
(206.91)
550 7000 Office Supplies 4348 Amazon.Com PC - 30101 10 Boxes of DVD, 16 Each 384.80
551 7035 Supplies -
Equipment R&M
4348 Amazon.Com PC - 30058 Replacement Thermal Fuse
for Coffee Maker
6.00
552 7035 Supplies -
Equipment R&M
7292 Air Science USA PC - 30087 Filters for Evidence Drying
Cabinets
1,184.00
553 7200 Other Supplies 4348 Amazon.Com PC - 30100 5 Pepper Spray Holsters for
New Hire Officers
86.95
554 7200 Other Supplies 4348 Amazon.Com PC - 30104 5 Packs of Israeli Bandages, 5
Each
99.95
555 7550 Miscellaneous
Expenses
2318 Jewel Food Stores PC - 30097 Cake for Retirement Function
09/30/2020
28.49
556 7550 Miscellaneous
Expenses
2318 Jewel Food Stores PC - 30098 Cake for Retirement Function
10/07/2020
28.49
557 7550 Miscellaneous
Expenses
4348 Amazon.Com PC - 30112 10 Boxes of Disposable Face
Masks, 50 Each
308.80
558 7550 Miscellaneous
Expenses
2318 Jewel Food Stores PC - 30113 Cake for Retirement Function
10/28/2020
28.49
2,346.53
2,559.92Total 60 - Police Department
Division: 620 - Criminal Investigation
Total 620 - Criminal Investigation
Division: 630 - Support Services
Total 630 - Support Services
Police Department
Division: 610 - Uniformed Patrol
Total 610 - Uniformed Patrol
Page 32 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
JPMorgan Chase
559 7000 Office Supplies 4348 Amazon.Com PC - 30067 Self-Inking Rubber Stamp-1
Div Chief
12.99
12.99
560 5325 Training 1291 Elevated Safety LLC PC - 30062 Tower Rescue Tech Class-1
Paramedic 10/19/2020
895.00
561 5325 Training 2419 FireCompanies.com PC - 30063 Quarterly Website Training
Dept-Wide - 11/01/2020-
01/31/2021
89.97
562 6115 Licensing/Titles 1472 IL Department of
Public Health
PC - 30066 1 EMT-P System License
Renewal 10/31/2020-
10/31/2024
41.00
563 6115 Licensing/Titles 1472 IL Department of
Public Health
PC - 30074 1 EMT-P System License
Renewal-10/31/2020-
10/31/2024
41.00
564 7000 Office Supplies 8280 Battery Junction PC - 30070 2 Boxes/144 AA Batteries for
Stock
132.95
565 7320 Equipment <
$5,000
4348 Amazon.Com PC - 30071 Yates Escape Belt - 1 New
Candidate
193.70
566 7320 Equipment <
$5,000
4348 Amazon.Com PC - 30072 Large Gear Bag on Wheels - 1
New Candidate
96.63
567 7320 Equipment <
$5,000
4348 Amazon.Com PC - 30075 4 Streamlight Flashlights -
New Candidates
230.00
568 7320 Equipment <
$5,000
4348 Amazon.Com PC - 30076 Helmet Mounted Flashlight-1
New Candidate
85.79
569 7320 Equipment <
$5,000
4348 Amazon.Com PC - 30077 Shop Grinder for Sta 63 260.10
570 7320 Equipment <
$5,000
4348 Amazon.Com PC - 30078 Wire Brush for Grinder- Sta 63 7.19
571 7550 Miscellaneous
Expenses
8147 MacGill School Nurse
Supply
PC - 30064 1 Case Thermometer Probe
Covers
285.00
572 7550 Miscellaneous
Expenses
8292 Safco Dental Supply
LLC
PC - 30068 1 Case 3M N95 Particulate
Respirators
548.95
573 7550 Miscellaneous
Expenses
8257 Garden Fresh Market PC - 30069 30 Pkgs Sanitizer Wipes 599.70
574 7550 Miscellaneous
Expenses
5191 Giordano's of Des
Plaines
PC - 30094 Lunch for Negotiations
Meeting 10/07/2020
92.70
575 7550 Miscellaneous
Expenses
5191 Giordano's of Des
Plaines
PC - 30095 Lunch for Negotiations
Meeting 10/15/2020
114.10
576 7550 Miscellaneous
Expenses
4444 Misc Vendor for
Procurement Card
PC - 30096 Lunch for Red Center Op Sub-
Committee Mtg 10/22/2020
17.78
3,731.56
3,744.55
Fire Department
Division: 100 - Administration
Total 100 - Administration
Division: 710 - Emergency Services
Total 710 - Emergency Services
Total 70 - Fire Department
Page 33 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
JPMorgan Chase
577 5310 Membership
Dues
1573 IL Fire & Police
Commissioners Association
PC - 30065 2021 City-Wide Membership
Renewal
375.00
578 5340 Pre-Employment
Testing
3399 Blue Line, The PC - 30073 2020 Entry Level Testing Fee-
Police and Fire Commission
546.00
921.00
12,667.25
579 7045 Supplies - Building
R&M
8301 Concrete Fastening
Systems Inc
PC - 30044 Anchors for First Floor of
Theater
1,714.00
580 7045 Supplies - Building
R&M
8301 Concrete Fastening
Systems Inc
PC - 30045 Anchors for Second Floor or
Theater
1,714.00
581 7045 Supplies - Building
R&M
4348 Amazon.Com PC - 30051 D-Ring Pulls for Theater 25.98
582 7045 Supplies - Building
R&M
4444 Misc Vendor for
Procurement Card
PC - 30088 Transformer Pad for Theater 1,071.00
583 7045 Supplies - Building
R&M
8212 La Grange Materials
Inc
PC - 30090 Mortar for Theater 465.00
584 7045 Supplies - Building
R&M
4444 Misc Vendor for
Procurement Card
PC - 30091 Vendor Incorrectly Applied
Tax Refund on Prior Trans-Cr
in Nov
24.87
5,014.85
585 7200 Other Supplies 4348 Amazon.Com PC - 30099 Replacement Battery Cover
for PVS7 Night Vision Goggles
29.99
29.99
586 5325 Training 4360 Paypal PC - 30111 OSHA Chainsaw Safety
Certification Class TRT Online-
1 Detective
24.95
587 7300 Uniforms 8138 Propper International
Sales Inc
PC - 30102 Refund for BDU Blouse (29.99)
588 7300 Uniforms 8138 Propper International
Sales Inc
PC - 30107 TRT Uniform for New
Operator
144.95
589 7320 Equipment <
$5,000
4348 Amazon.Com PC - 30103 5 Carabiners and 11
Tourniquets for TRT
369.62
590 7320 Equipment <
$5,000
1047 Home Depot Credit
Svcs
PC - 30106 Chainsaw and Case for TRT 165.32
674.85
Fund: 260 - Asset Seizure Fund
Program: 2610 - Customs
Total 2610 - Customs
Program: 2620 - DEA
Total 2620 - DEA
Total 201 - TIF #1 Downtown Fund
Department: 75 - Fire & Police Commission
Total 75 - Fire & Police Commission
Total 100 - General Fund
Fund: 201 - TIF #1 Downtown Fund
Page 34 of 36
Line #Vendor Invoice Invoice Description Amount
City of Des Plaines
Warrant Register 12/07/2020
Account
JPMorgan Chase
591 7200 Other Supplies 5065 Pet Supplies Plus PC - 30055 Food for K9 Jager 10/19/2020 69.98
69.98
774.82
592 8005 Computer
Hardware
4348 Amazon.Com PC - 30114 APC UPS Battery Replacement
for IT Department
169.99
169.99
593 6300 R&M Software 8281 Win-911 Software PC - 30037 SCADA Alarming Software
Renewal-10/15/20-10/14/21
PO-2020-419
2,800.00
594 7035 Supplies -
Equipment R&M
4348 Amazon.Com PC - 30038 SCADA Smart Switches and
Bluetooth Headset for Water
Plant Opr
186.00
2,986.00
2,986.00
595 2400 Escrow 5010 Petsmart Home Office,
Inc
PC - 30092 Charge Made In Error -
Credited Immediately
62.82
596 2400 Escrow 5010 Petsmart Home Office,
Inc
PC - 30093 Credit for Charge Made In
Error
(62.82)
0.00
21,612.91Grand Total
Fund: 500 - Water/Sewer Fund
Division: 550 - Water Systems
Total 550 - Water Systems
Total 500 - Water/Sewer Fund
Fund: 700 - Escrow Fund
Total 700 - Escrow Fund
Total 420 - IT Replacement Fund
Program: 2640 - Forfeit
Total 2640 - Forfeit
Total 260 - Asset Seizure Fund
Fund: 420 - IT Replacement Fund
Page 35 of 36
Amount Transfer Date
Automated Accounts Payable 1,938,484.20$ **12/7/2020
Manual Checks 19,861.69$ **11/20/2020
Payroll 1,340,096.93$ 11/20/2020
-$
Electronic Transfer Activity:
JPMorgan Chase Credit Card 21,612.91$ **11/24/2020
Chicago Water Bill ACH 128,845.80$ 11/30/2020
Postage Meter Direct Debits 3,000.00$ 11/16/2020
Utility Billing Refunds 1,571.90$ 11/17/2020
Debt Interest Payment -$
IMRF Payments -$
Employee Medical Trust -$
Total Cash Disbursements:3,453,473.43$
* Multiple transfers processed on and/or before date shown
** See attached report
Adopted by the City Council of Des Plaines
This Seventh Day of December 2020
Ayes ______ Nays _______ Absent _______
Jennifer L. Tsalapatanis, City Clerk
Matthew J. Bogusz, Mayor
City of Des Plaines
Warrant Register 12/07/2020
Summary
RHS Payout
Page 36 of 36
FINANCE DEPARTMENT
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5300
desplaines.org
Date: November 23, 2020
To: Michael G. Bartholomew, City Manager
From: Dorothy Wisniewski, Assistant City Manager/Director of Finance
Subject: 2021 Annual Budget Approval
Issue: For the City Council to adopt the 2021 Budget Resolution.
Analysis: The City Council held two budget hearings over the 2021 Proposed Budget document. The first
meeting was held on October 26th and the discussion covered the review of the General Fund. The second
Budget meeting was held on October 28th to review the Non-General Funds within the Budget document.
Within those discussions, the City Council voted and approved all expenditures, revenues, and the resulting
fund balances to support City services and projects.
Additionally, during these meetings, the City Council achieved a consensus on additional changes to be
included as part of the 2021 Final Budget document. The following is a financial summary reflecting the
result of this process along with a Resolution to adopt the 2021 Budget document.
2021 Budget snapshot: The Fiscal Year 2021 annual budget totals $164 M (excluding transfers) or an $8.1M,
4.7% decrease over the 2020 Budget. The vast majority of this decrease is due to the conscious efforts of
reducing expenditures for 2021 as a result of decreased revenues directly attributable to the Covid-19
pandemic.
Principal and interest expenses for the City’s outstanding debt for the 2021 fiscal year are budgeted at $3.2M.
All of the debt service is within the City’s Tax Increment Financing (TIF) funds.
Table 1 below summarizes the final 2021 Budget changes approved by the City Council during the October
budget deliberations that were incorporated in the final 2021 Budget numbers. Based on the City Council
consensus, the expenditures were increased by $20K. A majority of the increase is related to additional
funding for the Automatic Chest Compression Device.
MEMORANDUM
Page 1 of 6
NEW BUSINESS #1B.
Table 1
2021 Budget Changes Approved by the City Council
GL Account Description Amount
General Fund
100-70-710-0000.8015 Automatic Chest Compression Device 20,000
Total General 20,000
Total 2021 Budget Changes $20,000
Exhibit A, ‘2021 Budget at a Glance’, summarizes the final figures to date as they pertain to revenues,
expenditures, and transfers in/out. Additionally, included for your information is the Fund Balances vs.
Financial Policy Requirements chart.
Recommendation: I recommend the City Council adopt the attached resolution approving the 2021 Budget
document.
Attachments:
Attachment 1: Resolution R-199-20 - Approving the 2021 Annual Budget
Exhibit A: 2021 Budget at a Glance
Attachment 2: Fund Balances vs. Financial Policy Requirements
Page 2 of 6
1
CITY OF DES PLAINES
RESOLUTION R - 199 - 20
A RESOLUTION APPROVING THE 2021 ANNUAL
BUDGET FOR THE CITY OF DES PLAINES.
WHEREAS, the City is a home rule municipal corporation in accordance with Article VII,
Section 6(a) of the Constitution of the State of Illinois of 1970; and
WHEREAS, the City desires to establish a budget to plan for and help satisfy the operating
needs of the City; and
WHEREAS, the City Council met two times in Special Meetings and reviewed and revised
the proposed 2021 Annual Budget for the City of Des Plaines; and
WHEREAS, the City Council has determined that it is in the best interest of the City of
Des Plaines to adopt the 2021 Annual Budget;
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 Ordinance as the findings of the City Council.
SECTION 2: ADOPTION OF 2021 ANNUAL BUDGET. The Mayor and City Council
hereby approve and adopt the 2021 Annual Budget, a summary of which, titled "2021 Budget at a
Glance", is attached to this Resolution as Exhibit A.
SECTION 3: EFFECTIVE DATE. This Resolution shall be in full force and effect from
and after its passage and approval according to law.
[SIGNATURE PAGE FOLLOWS]
Attachment 1 Page 3 of 6
2
PASSED this _____ day of ____________, 2020.
APPROVED this _____ day of _____________, 2020.
VOTE: AYES _____ NAYS _____ ABSENT _____
MAYOR
ATTEST: Approved as to form:
CITY CLERK Peter M. Friedman, General Counsel
DP-Resolution Approving the 2021 City Budget
Attachment 1 Page 4 of 6
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Exhibit A Page 5 of 6
Fund Fund 2021 % over (under)
Required Required Other Balance Balance Fund Policy
Fund Name %Years Requirements 1/1/2021 12/31/2021 Balance %Requirements
General Fund 25%Annual Expenditures 51,134,682 40,625,256 55.99%30.99%
Nonspendable N/A N/A 26,646,678 22,323,666
Assigned 7,517,500 -
Unassigned 25%Annual Expenditures 16,970,504 18,301,590 25.22%0.22%
TIF #1 N/A N/A (5,500,914) 238,568
TIF #3 N/A N/A (3,290,542) (2,888,616)
TIF #5 N/A N/A 269,490 344,361
TIF #6 N/A N/A (15,241,397) (16,579,034)
TIF #7 N/A N/A (2,013,840) (1,608,812)
TIF #8 N/A N/A 1,281,557 2,333,614
Motor Fuel Tax 20%5 yr. Average Expenditures 2,423,298 1,011,437 24.95%4.95%
CDBG 0%N/A
Pursuant to
Federal
Regulations 17,425 (1)
Grant Projects N/A N/A (121,622) (121,622)
Gaming Tax N/A N/A 20,421,007 19,631,007
Debt Service 25%Annual
Non-Property
Tax Supported
Expenditures - -
Capital Projects 20%5 yr. Average Expenditure 4,040,081 2,642,523 37.18%17.18%
Equipment
Replacement 20%5 yr. Total
Future Projected
Expenditures 4,806,509 4,303,749 376.61%356.61%
IT Replacement 20%5 yr. Average Expenditures 72,203 140,287 42.14%22.14%
Facilities Replacement 20%Annual Expenditures 10,477,113 4,233,091
Water/Sewer 20%Annual Expenses 4,652,731 378,052 1.72%-18.28%
City-Owned Parking 20%5 yr. Average Expenses 703,950 595,420 159.97%139.97%
Metra Parking 20%5 yr. Average Expenses 53,147 8,077 6.73%-13.27%
Risk Management 20%Annual Expenditures 1,291,546 1,162,172 42.39%22.39%
Health Benefits Fund 20%Annual Expenditures 3,839,487 3,559,947 36.14%16.14%
Policy Requirement
Fund Balance vs. Financial Policy Requirements
2021 Budget at a Glance
City of Des Plaines
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COMMUNITY AND ECONOMIC
DEVELOPMENT DEPARTMENT
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5380
desplaines.org
Date: November 18, 2020
To: Michael G. Bartholomew, MCP, LEED AP, City Manager
From: Michael McMahon, Director of Community and Economic Development
Jonathan Stytz, Planner
Subject: Consideration of Text Amendments, Map Amendment, and Conditional Use for the proposed
construction of a 104-foot tall Public Utilities – Antenna Support Structure at 1495 Howard
Avenue. Case #20-040-TA-MAP-CU (6th Ward)
Issue: The petitioner is requesting Text Amendments to the following sections of the 1998 Des Plaines
Zoning Ordinance, as amended: (a) to add “Public Utilities – Antenna Support Structures” to Table 5 under
Section 12-7-4(G) in the Zoning Ordinance as a conditional use in the M-2 district with a footnote allowing
the maximum height of the structure to exceed 100-feet and the minimum setback from property lines to be
less than 50-feet as required for similar structures in the M-2 district pursuant to City Council approval; (b)
add new section 12-8-14 with specific language regarding antenna support structure ownership, type of use,
height, and operations in Section 12-8 of the Zoning Ordinance; and (c) add a new definition for “Public
Utilities – Antenna Support Structures” in Section 12-13-3 of the Zoning Ordinance. (d) The petitioner is also
requesting a Map Amendment under Section 12-3-7 to rezone the existing property from R-1, Single Family
Residential to M-2, General Manufacturing; (e) a Conditional Use under Section 12-7-4 to allow the
installation of a Public Utilities – Antenna Support Structure at the existing electrical substation on the subject
property; and (f) approval of any other such variations, waivers, and zoning relief as may be necessary.
Analysis:
Owner: Commonwealth Edison Company, c/o Scott Saef, Sidley Austin, LLP, One
South Dearborn Street, Chicago, IL 60603
Petitioner: Commonwealth Edison Company, c/o Mark Primm, Three Lincoln Centre,
Oakbrook Terrace, IL 60181
Case Number: 20-040-TA-MAP-CU
Real Estate Index
Numbers: 09-29-401-002-0000
Ward: #6, Alderman Malcolm Chester
MEMORANDUM
Page 1 of 51
NEW BUSINESS #2A.
Existing Zoning: R-1, Single Family Residential District
Existing Land Use: ComEd Substation
Surrounding Zoning: North: R-1, Single-Family Residential District
South: R-1, Single-Family Residential District
East: R-1, Single-Family Residential District
West: Railroad; C-3, General Commercial District
Surrounding Land Use North: Single Family Residences
South: Arndt Park
East: Arndt Park
West: Metra Line; Mobil Gas Station; Safeguard Self Storage
Street Classification Howard Avenue is classified as a local street.
Comprehensive Plan
Designation The Comprehensive Plan designates this property as Transportation / Utilities /
Communication / Other.
Proposed Text Amendments
Project Description The petitioner is proposing several text amendments to the Des Plaines Zoning
Ordinance, which are as follows:
• Adding “Public Utilities – Antenna Support Structures” to Table 5 under
Section 12-7-4(G) in the Zoning Ordinance as a conditional use in the M-2
district with a footnote allowing the maximum height of the structure to
exceed 100-feet and the minimum setback from property lines to be less
than 50-feet as required for similar structures in the M-2 district pursuant to
City Council approval;
• Adding new section 12-8-14 with specific language regarding antenna
support structure ownership, type of use, height, and operations in Section
12-8 of the Zoning Ordinance; and
• Adding a new definition for “Public Utilities – Antenna Support Structures”
in Section 12-13-3 of the Zoning Ordinance.
The items below will be elaborated on in their own respective subsections for ease of following.
Adding “Public Utilities – Antenna Support Structures” as New Conditional Use for M-2 District
Currently, the zoning ordinance has specific regulations for antennas, radio transmitting towers for public
broadcasting, and commercial mobile radio service facilities as defined in Section 12-13-3. At this time, the
proposed 104-foot tall monopole with antennas would be classified as a commercial mobile radio service
facility and governed by the regulations in Section 12-8-5. However, the petitioner proposes to classify the
structure as a new use identified as a Public Utility – Antenna Support Structure and add it as a new conditional
use in the M-2, General Manufacturing district with a footnote that this use could exceed the maximum height
and minimum setbacks of similar structures within the M-2, General Manufacturing district pursuant to City
Council approval. The proposed text amendment would allow Public Utility – Antenna Support Structures
only in the M-2, General Manufacturing District. The proposed amendment is as follows:
Page 2 of 51
Add
12-7-4.G: Manufacturing Use Matrix: Adding “Public Utilities – Antenna Support Structures” as a Conditional
Use in the M-2, General Manufacturing district.
MANUFACTURING DISTRICT USE MATRIX
M-1 M-2 M-3
Public Utility – Antenna Support Structures C7
Notes 7. Public Utilities – Antenna Support Structures may exceed the maximum allowable M-2
district height and/or be located within a required M-2 district yard but only when the location
and height are approved by the City Council as part of a conditional use.
Adding New Section 12-8-14 for Specific Regulations for Public Utilities – Antenna Support Structures
The petitioner’s proposed text amendments include adding a new, separate section within the zoning
ordinance to add specific regulations for the Public Utilities – Antenna Support Structures. The proposed
amendments below look to differentiate Public Utilities – Antenna Support Structures from similar
telecommunication and utility structures as well as limit their ownership and operation to public utility
companies regulated by the Illinois Commerce Commission and/or the Federal Energy Regulatory
Commission. The proposed amendments are as follows:
Add
12-8-14: Public Utilities – Antenna Support Structures: Adding New Section for Public Utilities – Antenna Support
Structures
A. General Requirements: Public Utilities – Antenna Support Structures shall meet the following
requirements:
1. Public Utilities – Antenna Support Structures shall be owned and operated by a public
utility regulated by the Illinois Commerce Commission and/or Federal Energy Regulatory
Commission.
2. Public Utilities – Antenna Support Structures shall be considered a secondary use located
within the boundaries of an existing substation or other public utility-owned property,
which substation or property must be in existence prior to the establishment of the Public
Utilities – Antenna Support Structure.
3. Each Public Utilities – Antenna Support Structure shall be of no greater height than
permitted by the Federal Aviation Authority.
B. Operational Requirements: Every Public Utilities – Antenna Support Structure shall be fully
automated. No employees shall be stationed full-time at a structure site to support the structure
operation, except when completing periodic or emergency maintenance and repairs.
Adding New Definition for Public Utilities – Antenna Support Structures
The last proposed text amendment includes the addition of a new definition for Public Utilities – Antenna
Support Structures in Section 12-3-3 of the Zoning Ordinance. The intention of this amendment is to fully
define Public Utilities – Antenna Support Structures as a new type of structure and use within the Zoning
Ordinance. The proposed definition is below:
Page 3 of 51
Add
12-13-3: Definitions: Adding a New Definition for Public Utilities – Antenna Support Structures
Public Utilities – Antenna Support Structures: A freestanding structure of other than lattice-type
construction supporting antennae, which communicate exclusively with public utility transmission
and distribution equipment. Such structures may not include third party usage.
Map Amendment & Conditional Use
Project Description: The petitioner has requested a map amendment under Section 12-3-7 to rezone
the subject property from R-1, Single Family Residential to M-2, General
Manufacturing and a Conditional Use under Section 12-7-4(G) for the proposed
Public Utilities – Antenna Support Structure use on the subject property based
on the proposed text amendments. The proposed Public Utilities – Antenna
Support Structure will exceed both the maximum height and minimum setback
restrictions for similar structures within the M-2, General Manufacturing
district, which will need to be approved by City Council pursuant to the
proposed text amendments.
Compliance with the Comprehensive Plan
There is a portion of the City of Des Plaines’ 2019 Comprehensive Plan that align with the proposed project.
Under the Future Land Use Map, this property is marked for Transportation / Utilities / Communication /
Other uses. The proposed Public Utilities – Antenna Support Structure will make improvements to the existing
electric substation as it will allow it to effectively communicate with other electric substations in the area and
increase performance.
Amendment Findings: Map and Text Amendment requests are subject to the standards set forth in Section
12-3-7(E) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff
has the following comments:
A. The proposed amendment is consistent with the goals, objectives, and policies of the comprehensive
plan, as adopted and amended from time to time by the city council:
Comment: The Comprehensive Plan strives to improve transportation, utility, and communication services
city-wide in order to improve the quality of life for residents. The subject property contains an existing
ComEd electric substation that does not fit the scope or proposed development of the R-1 zoning district for
which it is located. While the subject property abuts single family residences to the north, the other
surrounding uses, including the Metra railroad and commercial businesses to the west and Arndt Park to the
east and south, the map amendment will not have a negative impact on neighboring properties. The rezoning
will bring the entire property under a zoning district tailored towards the existing uses present on the subject
property and that is consistent with the nearby manufacturing warehouse development. See also the
petitioner’s responses to standards for amendments.
B. The proposed amendment is compatible with current conditions and the overall character of
existing development in the immediate vicinity of the subject property:
Comment: The subject property is surrounded by a mix of commercial, manufacturing, and residentially-
zoned properties. However, the properties also directly south of the subject property are zoned M-2, General
Manufacturing, which are compatible with the proposed map amendment for the subject property. See also
the petitioner’s responses to standards for amendments.
Page 4 of 51
C. The proposed amendment is appropriate considering the adequacy of public facilities and services
available to this subject property:
Comment: There are currently adequate public facilities for the existing R-1, Single Family Residential
District zoned property to enable it to be rezoned to the M-2, General Manufacturing District. See also the
petitioner’s responses to standards for amendments.
D. The proposed amendment will not have an adverse effect on the value of properties throughout
the jurisdiction:
Comment: The proposal would better address the existing uses operating on the subject property and make
the subject property zoning consistent with similar M-2 zoned development in the area. This request would
also allow for additional uses to be located on site as proposed in the aforementioned text amendments for
improved functionality of the existing ComEd electrical substation. See also the petitioner’s responses to
standards for amendments.
E. The proposed amendment reflects responsible standards for development and growth:
Comment: The proposal strives to meet and exceed the responsible standards required for development and
growth as it would allow for additional uses to locate on site to further improve the operation of the existing
use on the subject property. See also the petitioner’s responses to standards for amendments.
Conditional Use Findings
Conditional Use requests are subject to the standards set forth in Section 12-3-4(E) of the 1998 City of Des
Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments:
A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning
district involved:
Comment: The petitioner is proposing a text amendment to add Public Utilities – Antenna Support Structures
as a conditional use in Section 12-7-4(G) of the 1998 City of Des Plaines Zoning Ordinance, as amended, for
properties in the M-2, General Manufacturing District. If approved by City Council, Public Utilities – Antenna
Support Structures will be a conditional use established within the M-2 zoning district, which the petitioner
proposes to rezone the subject property to as part of this request. See also the petitioner’s responses to
standards for conditional uses.
B. The proposed Conditional Use is in accordance with the objectives of the City’s Comprehensive Plan:
Comment: The Comprehensive Plan designates this property as Transportation / Utilities / Communication /
Other given the existing electrical substation on site. The Comprehensive Plan strives to advance
transportation, utility, and communication services city-wide in order to improve the quality of life for
residents. The proposed Public Utility – Antenna Support Structure will help ComEd upgrade existing
equipment on site with newer technology and infrastructure to improve reliability of the electrical grid. See
also the petitioner’s responses to standards for conditional uses.
C. The proposed Conditional Use is designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity:
Comment: The property and existing building has been designed for an electrical substation use. The
petitioner proposes to add one Public Utility – Antenna Support Structure on the site to improve the operation
and efficiency of the electrical substation. New landscaping proposed along Howard Avenue will help provide
additional screening of the site from the residential development located just north of the subject property.
See also the petitioner’s responses to standards for conditional uses.
Page 5 of 51
D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses:
Comment: The existing electrical substation use located on this site and within the existing building are not
hazardous or disturbing to existing neighboring uses. Aside from its visibility from surrounding properties,
the proposed Public Utility – Antenna Support Structure will not be hazardous or disturbing to neighboring
properties. See also the petitioner’s responses to standards for conditional uses.
E. The proposed Conditional Use is to be served adequately by essential public facilities and services,
such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and
sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide
adequately any such services:
Comment: The current electric substation use on this site is adequately served by essential public facilities
and services. Staff does not have concerns that the electric substation with the proposed Public Utility –
Antenna Support Structure use will also be adequately served by essential public facilities and services. See
also the petitioner’s responses to standards for conditional uses.
F. The proposed Conditional Use does not create excessive additional requirements at public expense
for public facilities and services and will not be detrimental to the economic well-being of the entire
community:
Comment: The current electric substation use does not create a burden on public facilities or become a
detriment to the economic well-being of the community. There is no anticipated burden for public facilities
or detriment to the community as a result of the Conditional Use Permit for a Public Utility – Antenna Support
Structure. See also the petitioner’s responses to standards for conditional uses.
G. The proposed Conditional Use does not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property, or the general
welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors:
Comment: The proposed Public Utility – Antenna Support Structure use is not anticipated to create additional
traffic compared to the previous auto service repair use. See also the petitioner’s responses to standards for
conditional uses.
H. The proposed Conditional Use provides vehicular access to the property designed so that it does not
create an interference with traffic on surrounding public thoroughfares:
Comment: The proposed Public Utility – Antenna Support Structure use will not create an interference with
traffic on surrounding public thoroughfares. There will be no changes to the existing two access points onto
the property from Howard Avenue utilized by the existing electrical substation. See also the petitioner’s
responses to standards for conditional uses.
I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic,
or historic features of major importance:
Comment: The proposed Public Utility – Antenna Support Structure use would not cause the destruction, loss,
or damage of any natural, scenic or historic features of major importance. The building and site were already
developed for an electrical substation. The petitioner plans to add landscaping and screening to improve the
aesthetics of the property. See also the petitioner’s responses to standards for conditional uses.
J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance
specific to the Conditional Use requested:
Comment: With the approval of the text amendments, the use will meet the requirements of the Zoning
Ordinance for the M-2 zoning District. See also the petitioner’s responses to standards for conditional uses.
Page 6 of 51
Planning and Zoning Board Review: The Planning and Zoning Board met on November 10, 2020 to
consider the requests for Text Amendments, Map Amendment, and Conditional Use for the proposed Public
Utility – Antenna Support Structure at 1495 Howard Avenue.
The petitioner presented an overview of the requests and provided information about the benefits of an antenna
support structure upgrade, including the reliability of the electrical grid through ComEd-only “Smart Grid”
Technology, coordinated functionality between the substation and distribution system, reduced distribution
outages, decreased outage durations, increased voltage efficiencies for all users, and enhanced operational
effectiveness and responsiveness. The ComEd project team provided a technical overview of the smart grid
infrastructure to explain how the addition of switches and cap banks along the distribution line limits the
amount of outages, duration of outages, and voltage along the line. They also discussed the components of
the proposed Public Utility – Antenna Support Structure noting that it would be 2.5-feet in diameter, consist
of five 5-foot tall antennas spaced 15-feet apart, and be located next to the existing control building—no new
building will be constructed. They added that each antenna can handle approximately 40-50 devices and that
the first antenna will be located 35-feet above grade. The ComEd project team described the landscape plan
detailing the plantings proposed along Howard Avenue to provide adequate screening of the site from the
adjacent single family residences while noting that the landscaping will not exceed 10-feet in height pursuant
to ComEd requirements.
The Planning and Zoning Board (PZB) Members asked about the number of pieces of equipment that are
currently installed on site; if the “Smart Grid” technology ties into the current smart meters in resident homes;
and about screening of the site from the Park District property next to the baseball field. The petitioner and
ComEd project team responded that there are approximately 12,000 pieces of equipment located at the current
site but 90 flags still need to be deployed in the Des Plaines area; that the “Smart Grid” technology is solely
for the electrical distribution system and is on a different system than the smart meters at resident homes; and
that there are no plans to add landscape screening on that portion of the property next to the Amdt Park
baseball field.
Community and Economic Development staff recommended approval of the request with no conditions.
One member from the public agreed with the importance of the project but asked if the PZB would work with
ComEd to bury the east-west power lines running through Amdt Park and work with the Park District to add
plantings on the east side of the subject property. The PZB members asked if ComEd would bury the east-
west power lines running through Amdt Park and the voltage of the east-west power lines running through
Amdt Park. The ComEd project ream responded that burying power lines is a non-standard function of ComEd
and would be an expense to the municipality and all rate payers in Des Plaines would be charged for
underground services in that area; and that the east-west power lines running through Amdt Park are low
voltage poles. They added that the additional landscape screening would not be an issue but that it would have
to be brought back to the ComEd team.
The Planning and Zoning Board recommended (4-0) that the City Council approve the request with two new
conditions: (i) recommendation of landscaping planting on the east side of the property and any appropriate
easement agreements for Park District maintenance; and (ii) provide information to the City Council regarding
the cost of burying lines as requested by the Park District.
Recommendations: I recommend approval of Ordinance Z-24-20 to approve the proposed Text Amendments
and Ordinance Z-25-20 to approve the proposed Map Amendment and Conditional Use for the proposed
Public Utility – Antenna Support Structure at 1495 Howard Avenue with the condition that additional
landscaping is installed on the east side of the property and any appropriated easement agreements are entered
into with the Park District for maintenance of additional landscape plantings in this area.
Page 7 of 51
Attachments:
Attachment 1: Project Narrative
Attachment 2: Petitioner’s Responses to Standards
Attachment 3: Location Map
Attachment 4: Proposed Text Amendments
Attachment 5: Site and Context Photos
Attachment 6: Chairman Szabo Letter from Planning & Zoning Board to the Mayor and City Council
Attachment 7: Draft Excerpt from the November 10, 2020 Planning and Zoning Board Meeting
Ordinance Z-24-20
No exhibits
Ordinance Z-25-20
Exhibit A: Plat of Survey
Exhibit B: Site Plan
Exhibit C: Landscape Plan
Page 8 of 51
City of Des Plaines – Development Application Addendum
Description of approvals requested
ComEd proposes to install a 104-foot Public Utilities -- antenna support structure (called
more formally by ComEd a Smart Grid distribution automation device monitoring support
structure )(“Structure”) at its electrical substation located at 1495 Howard Avenue (the
“Substation”). Given that the Substation is currently a legal non-conforming use within the
existing R-1 zoning district and also that the Public Utilities-antenna support structure use is not
proposed as an authorized use in the R-1 zoning district, ComEd is requesting that:
(1) its Substation property be rezoned from the existing R-1 zoning district to the “M-2”
General Manufacturing District,
(2) that the Des Plaines Zoning Ordinance be amended to add a new definition of a
freestanding “Public Utilities--antenna support structure” use (of which the Structure would be
one) -- separate and apart from the existing general “Public Utilities” use -- and to allow such new
use category as a conditional use only within the M-2 zoning districts; and
(3) a conditional use be approved to allow for installation of a 100-foot Structure (which
will hold five monitoring antennae) to which will be attached a 4-foot-long lightning rod at the
top.
As a regulated public utility and given that the Structure relates to core aspects of the
electrical grid, ComEd respectfully suggests that the City’s land use authority may not apply to the
company’s implementation of the Structure at its Substation. Nonetheless, ComEd is voluntarily
submitting this request in an effort to work on its project cooperatively with the City.
Project Narrative
A. Structure's role in and contribution to ComEd's Distribution Automation Network
The planned Structure at ComEd’s Substation is part of the company’s wide-ranging
implementation of its multi-year “smart grid” initiative. The smart grid initiative includes an
upgrading of the existing electrical distribution communication system with newer technology
and infrastructure. The Structure will be a key aspect of that infrastructure and technological
upgrade. Key resulting community benefits will be improved reliability of the electric grid
(through the reduction of electrical outages and the duration of outages), and increased voltage
efficiencies along each distribution line, resulting in smoother electric grid operations.
ComEd’s new technology and infrastructure involves the creation of a ComEd-only
radiofrequency network in which sensors and monitoring devices being installed within
distribution circuits and/or on distribution poles communicate in real time with antennae support
facilities like the Structure. The sensors and devices control and monitor equipment within the
distribution lines such as line reclosures, cap banks and switches which are important for
reliability and “voltage optimization” -- meaning, promotion as much as possible of a steady
voltage through a particular distribution circuit (given that voltage on a distribution line tends to
become less strong as the distance on the line increases from a particular substation). The
Attachment 1 Page 9 of 51
Structure will only communicate with ComEd's electrical devices/equipment on the electrical
grid system. It will not be used for any commercial communication services (e.g., 5G or any
other cellular telephone technologies).
The benefit of the new wireless technology can be explained with reference to a lightning
strike and its impact on a distribution line. With “legacy” technology, a lightning strike to a
distribution line would likely cause removal of a larger portion of a distribution circuit -- and the
customers served by such circuit -- until ComEd crews could determine the precise location of
the strike and re-route power around the affected area. By contrast, once the newer wireless
technology is deployed in a particular area, the sensors in the distribution circuit -- including at
the top of a distribution pole -- would communicate the fault to receiving antennae on the
Structure, which directly links to IT infrastructure tied into ComEd's centralized command and
control center. The precise area of the fault is known and crews can be dispatched efficiently to
the precise location. Further, the proposed Structure’s antennae can direct receiving equipment
on the distribution lines how to switch power around the fault.
The efficacy of the new technology depends on clear, clean wireless communication and
strong security given the criticality of the electrical grid to the nation's infrastructure system.
Existing electrical substations have been selected for locations of the support structures since
they offer necessary security, along with the indispensable link to the company's high-speed
existing IT backbone network. The necessary IT equipment accompanying the Structure will be
housed in an existing substation control building, so no new equipment enclosure is required,
thereby minimizing any external “footprint” resulting from the upgraded technology. And
electrical substations are already locations which contain pre-existing taller electrical
infrastructure (and/or community expectations for such taller infrastructure), mitigating visual
concerns.
The request for a change in zoning, text amendment and conditional use approval
(covering the 100-foot Structure and its 4-foot-tall lightning rod) is related to the need for five
receiving and transmitting antennae on the Structure (each antenna mount is a very thin two
inches in diameter, just under 5 feet long and installed only 3 feet from the Structure) to support
the approximately 210 monitoring and sensing devices to be installed in Des Plains-area
distribution circuits over the next two years.
Below is a computerized graphic which shows an existing “gap” in the ComEd
distribution automation device monitoring network. The locations with “flags” (red) indicate
existing communication structures and the proposed structure on Howard Avenue is assigned an
orange flag.
Attachment 1 Page 10 of 51
The red-colored dots in particular are existing sensors and monitoring devices in the Des
Plaines area operating on ComEd's radiofrequency network. These devices are communicating
wirelessly in particular to antennae located at ComEd's larger Rand Road substations in Des
Plaines located south of Golf Road and north of Northwest Highway. The antennae on this
structure are over capacity and do not provide optimum radiofrequency coverage, particularly for
those portions of the City located south and west, closer to O'Hare Airport. This condition will
only be aggravated as the additional approximately 210 devices are installed within Des Plaines-
area distribution circuits over the next two years. The graphic above dramatically illustrates the
important role in the network that will be carried out by the proposed Structure on Howard
Avenue.
The five antennae proposed for the Structure are needed for proper radiofrequency
capacity, since a reduced number of antennae on the Structure installed at lower heights would
result in an overburdened and less effective wireless communication system (resulting in
numerous “dropped” or “blocked” calls to use cellular telephone analogies) or “garbled”
communications related to foliage interference. For proper system functioning, the lowest
antenna should be installed at a minimum height of 35 feet to avoid foliage blockage. Each
additional antenna must be installed a minimum of 15 feet away vertically to avoid technological
interference. It is this required minimum spacing and the need for five antennae for effective
network functioning which forms the basis for the Structure's 100-foot height. A reduced number
of antennae are not enough to allow for seamless functioning of the Des Plains-area wireless
technology imbedded in (or to be imbedded in) the distribution circuits and on distribution poles.
Attachment 1 Page 11 of 51
ComEd is careful and judicious in its selection of locations for new support structures. To
the greatest extent feasible, ComEd installs its antennae on ComEd existing taller structures
(other than transmission towers where such installation is not feasible), such as taller rooftops or
existing taller microwave towers. This has been the case at the Rand Road substation in Des
Plaines at which ComEd was able to co-locate the antennae for its Distribution Automation
network on an existing taller structure already used for communications purposes. New
structures are placed at substations which have physical space within the existing footprint (so
that a physical expansion of the outer substation footprint can be avoided), space within an
existing substation control building (so that development of a new equipment enclosure is
obviated) and a secure link to the ComEd IT backbone. The Substation meets all of these criteria.
B. Depiction of similar existing Structures
Similar 104-foot Smart Grid Distribution Automation Device Monitoring support
structures can be found at ComEd's Willow Springs substation and its substation in Pleasant
Hills (near West Chicago).
Willow Springs
The Willow Springs substation carries the common address of 8600 Willow Spring Road in
Willow Springs, but it is actually located on the south side of an industrial access road (leading
to Valvoline's Willow Springs facility) across the street from a Speedway gas station and just
south of the Tri-State Fire Protection District station which is situated at 8259 Willow Springs
Road in Willow Springs.
A picture of the structure as located at the Willow Springs substation is set forth below. A
location aerial photo is also provided.
Attachment 1 Page 12 of 51
The structure is located to the rear of the substation control building. Note that if one visits the
Willow Springs substation, one will see a cellular telephone facility outside the boundaries of the
substation but adjacent to it. Know that, as noted earlier, neither ComEd's Structure at the
Howard Avenue substation nor any portion of the Howard Avenue substation property will be
used for personal wireless service (5G or otherwise) or any other commercial communications
function other than the Structure and other ComEd-only grid-related monitoring and functioning
communications.
Pleasant Hills
The Pleasant Hills substation is located on the east side of Pleasant Hill Road just south of the
Great Western Trail and St. Charles Road and a short distance south of North Avenue. The
substation is north of Geneva Road, north of the Village of Winfield and south of the Village of
Carol Stream. (The address assigned to the substation for property tax purposes is 1N701
Pleasant Hill Road, Winfield. Our experience is that this address does not show up on common
mapping applications such as Google Maps. The street address of the business to the north is
26W115 St. Charles Road in Carol Stream to provide a Google-friendly geographic reference
point.)
Attachment 1 Page 13 of 51
A picture of the structure as located at the Pleasant Hill substation is set forth below as is a
location aerial photo.
The structure in the Pleasant Hills substation is located on the north side of the substation just
west of the substation control building. Like in Willow Springs, there is a cellular telephone
Attachment 1 Page 14 of 51
facility outside of the substation itself. Again, by contrast, a cellular telephone facility does not
exist at ComEd's Howard Avenue substation and is not proposed whatsoever.
C. Technical, regulatory and permitting information
The antennas proposed for use on the Structure will operate in the frequency range of
902-928 MHz with a center frequency of 915 MHz. These frequencies are a small part of the
designated industrial, scientific and medical (ISM) radio bands. The FCC opened these ISM
frequency bands for wireless communications in 1985. Parties using this frequency range in the
manner of ComEd are not generally required to obtain use, structure or antenna licenses from the
FCC (and are not so required in ComEd's specific situation), but must comply with FCC
regulations (47 CFR Part 15) on how the frequencies are used, including the maximum output
power of the antennas on the Structure. The output power of the ComEd antennas will be
extremely low, at 1 Watt or less. Further, the antennas will only operate intermittently and will
not continuously transmit. By observing these two key operating criteria, along with compliance
with all of the other applicable federal regulations, ComEd's Structure will operate in a manner
protective of public health and safety, in that radiofrequency emissions are highly attenuated.
Other wireless devices operate in the frequency range of 902-928 MHz, with a center
frequency of 915 MHz -- most notably, ComEd's smart meters. The Structure will not being used
for smart meter functions. Although certain household wireless equipment operates at 915 MHz,
most notably certain cordless phones, baby monitors, and wireless home security systems, most
household wireless equipment now operates within the 2.4-GHz frequency band.
Like any system which chooses to operate with the ISM radio bands, ComEd's Smart
Grid Distribution Automation Device Monitoring System must tolerate the potential for
occasional interference from other wireless devices in use. At the same time, ComEd has
engineered its system to minimize any potential interference through incorporation of specific
technical features such as signal encryption and security which, like the smart meter system
using the same frequency range, have a now-proven record of safe, effective, reliable operation
without material impact to existing household wireless devices. In addition to these specific
technical features, in accordance with FCC regulations and as a technique to ensure minimal
interference, the electronic equipment used in the Distribution Automation Device Monitoring
System utilize a protocol called “frequency hopping” within subchannels spread evenly across
the frequency range of 902-928 MHz. Such “frequency hopping” allows for efficient use of the
full range of the allowable spectrum while minimizing interference risk.
The FCC is not required to review the specific siting of the proposed Structure. Instead,
parties such as ComEd may use the frequency range involved in the antennas on the Structure
without a specific license granted by the FCC so that as compliance with the detailed ISM radio
band regulations (47 CFR Part 15) is maintained. In addition, in terms of compliance with the
federal National Environmental Policy Act (to which the FCC is subject), the FCC has delegated
to each applicant the responsibility of determining whether a proposed structure is “categorically
excluded” from environmental review under NEPA when there is minimal or no impact on the
environment, or whether an Environmental Assessment needs to be prepared.
Attachment 1 Page 15 of 51
FCC rules categorically exclude all actions -- including ComEd's proposed Structure --
from detailed environmental review unless such a structure: (a) is located in a wilderness area or
wildlife preserve; (b) might affect threatened or endangered species or their habitat; (c) might
affect properties included in or eligible for inclusion in the National Register of Historic Places
or Indian religious or cultural sites; (d) will be located in a floodplain; (e) involve construction
involving significant changes in surface features, such as effects on wetlands, water, ground
disturbances, deforestations, etc.; (f) structures of over 450 feet potentially affecting migratory
birds; or (g) structures involving high-intensity lighting in a residential area or those which
would cause RF radiation in excess of FCC-established limits.
ComEd, through its consultant team, determined that the placement of the Structure
within an existing developed substation will have none of these impacts and therefore that the
proposed Structure is appropriately categorically excluded from NEPA review.
The proposed Structure will not be required to have a beacon and/or designated paint (the
closest runway at O'Hare Airport, oriented east-west, is situated just over 1 mile to the south.
This is because ComEd received a determination from the FAA as of September 14, 2020 that its
Structure will not be a hazard to air navigation and thus no lighting or special markings are
required. ComEd's Structure will not be illuminated in any way or painted any special color.
ComEd will be applying for a building permit from the City of Des Plaines. No
additional known governmental permits are necessary. ComEd will secure any additional
necessary permits which may be identified during the building permit process.
D. Site Plan and Renderings
As can be noted on the attached Site Plan, the proposed Structure will be situated within
the Substation approximately 8 feet east of the existing substation control building and
approximately 20 feet south of the control building's northern line. The Structure will be setback
24 feet from the eastern property line and 32 feet from the nearest point on the northern property
line. The Structure will be set back approximately 110 feet from the nearest property line zoned
and used for dwelling purposes, more than its overall height.
The proposed Structure has been carefully placed within the Substation so as to maintain
the required close distance to the substation control building in which the electronic equipment
will be housed so as to minimize signal degradation while also avoiding impacts to either
existing substation electrical equipment or areas set aside for future equipment expansion (so that
the Substation continues to maintain adequate space to serve growth in the area’s electrical
demand without the need for additional and new property acquisition for construction of an
entirely new and different substation).
The proposed Structure should have limited impact on surrounding property. Dense
foliage separates the Substation from residential homes to the north, thereby providing effective
existing screening. Further, the homes along Deane Street and Illinois Street, the closest rights-
of-way with homes on them, are generally oriented east and west, further mitigating any changes
to the existing view corridors of these homes as a result of the proposed Structure. There is one
home along Howard Street across the street from the Substation, but to the west of the substation
Attachment 1 Page 16 of 51
control building. The base of the Structure, in that it will be placed to the east of the substation
control building, is by design screened by the control building and should not at all be visible
from this residence.
To the west of the proposed Structure are a variety of taller existing electrical
transmission and distribution poles, a tall communications tower and the Village's water tower.
To the east is Arndt Park, a public park. To the south is an elevated sledding hill with its own
elevated light poles as well as various commercial and industrial properties.
The Structure will face the park, but will be set back a significant distance from the
nearest area used for structured recreation and, therefore, as noted in the attached renderings, will
blend in with the numerous taller electrical and other vertical structures (not to mention the
vertical quality of the sledding hill) when viewed from the first base line of the closest ballfield.
ComEd has not proposed any new ground-level screening in conjunction with its
Structure plans. A primary reason is that virtually no new additional ground-level improvements
are proposed (for example, there is no equipment enclosure or new fencing needed, as might be
the case with a typical commercial mobile radio service facility). In addition, there is relatively
limited space between the eastern property line of the Substation and the existing fence.
Installation of plantings in this area poses security concerns for ComEd since the visibility of
potential substation intruders could be limited. It is for this reason that ComEd’s current security
protocols mandate a minimum 10-foot distance whenever possible between any plantings and the
exterior fence of a substation, a challenge for the property lines closest to the proposed Structure
location.
Attached to this application are various renderings of the proposed Structure providing a
sense of how the Structure will blend into existing views from surrounding areas.
Attachment 1 Page 17 of 51
Standards for Map and Text Amendments
1.Whether the proposed amendment is consistent with the goals, objectives, and policies of the
comprehensive plan, as adopted and amended from time to time by the city council.
As part of the Future Land Use Map, the City’s Comprehensive Plan designates the
subject property for utility and communication uses (see Figure 2.1). A rezoning from R-
1 to M-2 is consistent with this aspect of the Comprehensive Plan in that it will allow the
Substation to become a conforming use in the M-2 district as opposed to the non-
conforming use that it is today under its R-1 map designation. The proposed map
amendment is also supported by the City’s Strategic Plan for 2022, “Roadmap to the
Future.” As discussed in Goal 2, Strategy 3, Action 5, rezoning the subject property to the
M-2 district ensures proper zoning district patterns for compatible uses, again in that the
existing use could be property assigned a conforming status. As discussed below, the
existing use of the subject property and the zoning patters of surrounding properties
support rezoning the subject property to “M-2.” Further, implementation in the Zoning
Ordinance of a new definition for "Public Utilities--antenna support structures" and
requiring conditional use approval for such facilities (coupled with specific limitations
clearly distinguishing the core public utility functions of such structures from similarly
looking structures serving commercial purposes) allows such facilities to remain
authorized uses within the M-2 zoning district while requiring a public hearing (with
public notice) and application of the conditional use standards to any proposed structure
of this type. This is actually more restrictive than the requirements applicable to similarly
looking commercial mobile radio service facilities which are permitted as of right up to
100 feet in height in the M-2 district so long as such structures as secondary uses on a
particular piece of property.
2.Whether the proposed amendment is compatible with current conditions and the overall
character of existing development in the immediate vicinity of the subject property.
The subject property is an electrical substation of a regulated public utility. Rezoning the
subject property to “M-2” is compatible with current conditions because, in addition to
bringing zoning conformity to the existing Public Utilities use, zoning districts in the
immediate vicinity of the subject property (most notably to the south and west) include
“M-2” and “C-3” General Commercial. Public utilities are a permitted use in both “M-2”
and “C-3” zoning districts. Rezoning the subject property to “M-2” aligns the property
with its existing use as well as the character and zoning of properties in its immediate
vicinity.
3.Whether the proposed amendment is appropriate considering the adequacy of public facilities
and services available to this subject property.
As discussed, the existing and proposed continued use of the subject property is as an
electrical substation of a regulated public utility. Rezoning the subject property to make
the existing use conforming will not alter the need for public facilities or services
available to the subject property. Implementation of the requested text amendment to
create an authorized Public Utilities-antenna support structure use actually improves the
Attachment 2 Page 18 of 51
adequacy of public facilities since it will allow for new and improved methods of
boosting the reliability and functioning of the electrical grid with minimal external
community impacts.
4. Whether the proposed amendment will have an adverse effect on the value of properties
throughout the jurisdiction.
The proposed map and text amendments will not have an adverse effect on the value of
properties. This is because the existing use of the subject property as an electrical
substation with existing taller masts and other electrical equipment will not change as a
result of the rezoning and granting of the conditional use for the Structure. The Structure
will be placed as far away from residential properties as feasible while still allowing for
future electrical capacity to be added within the Substation. The Structure will be noise-
less and unlit and, because of the existing substation control building, will not need to be
accompanied by any additional fencing or equipment enclosure. The essential nature and
functioning of the Substation will remain unchanged once the Structure is implemented.
5. Whether the proposed amendment reflects responsible standards for development and growth.
The proposed map and text amendments are related to ComEd’s unique needs for 24-
hour, 7-day per week secure, clear and stable electrical grid monitoring as a regulated
public utility, providing the community (particularly its southern and western regions)
with continued reliable and stable electric energy. As the City grows and changes, so, too,
should the state-of-the-art electrical infrastructure utilized to support such development.
Attachment 2 Page 19 of 51
Standards for Conditional Uses
1. The proposed conditional use is in fact a conditional use established within the specific zoning
district involved.
Freestanding "Public Utilities--antenna support structures" of non-lattice construction are
(as a result of the text amendments requested as part of the subject application package) a
conditional use in the “M-2” zoning district.
2. The proposed conditional use is in accordance with the objectives of the city's comprehensive
plan and this title.
The City’s Comprehensive Plan designates the subject property for utility and
communication uses as part of plan’s Future Land Use Map (see Figure 2.1). A Public
Utility--antenna support structure is fully consistent with the designated land use for the
substation parcel in the Comprehensive Plan and the Structure will advance both
objectives, offering an efficient and low-impact, low-power use of radiofrequency to help
improve grid reliability, minimize outages and stabilize distribution line voltage flows.
Additionally, the nature of the Structure’s design (tall, unlit thin vertical mast) is
essentially the same as structures allowed (or already located) on the subject property as
well as structures similarly allowed (or already located) on nearby properties.
3. The proposed conditional use is designed, constructed, operated, and maintained so as to be
harmonious and appropriate in appearance with the existing or intended character of the
general vicinity.
The Substation and various properties in the general vicinity already contain numerous
taller structures and equipment, such as metal and wooden utility poles, commercial
mobile radio service facilities, a tall water tower, light standards at the top of a taller
sledding hill and antennas installed on a variety of such existing taller structures. Many
properties in the general vicinity of the subject property (particularly to its south and
west) are zoned “M-2” or “C-3.” The “M-2” district already allows as of right
freestanding commercial radio facilities of up to 100 feet in height so long as such
facilities are a secondary principal use. The Structure will be compatible with similar
structures in the general vicinity. Its gray color will match the existing Substation
electrical equipment. It will be unlit and all associated electronics equipment will be
housed inside an existing building, minimizing any new external facilities within the
Substation.
4. The proposed conditional use is not hazardous or disturbing to existing neighboring uses.
The proposed Structure will not be hazardous or disturbing to existing neighboring uses
because it will function as an integral, but unmanned and unlit part of the Substation, just
like any other piece of taller electrical infrastructure. In addition, the Substation and
various nearby properties, particularly south and west, currently contain numerous
structures of similar size and form. Other than the Structure, no additional adjustments to
the Substation are proposed, thus minimizing any external effects. While there are
residential homes to the north of the Substation, these homes primarily face east and west
Attachment 2 Page 20 of 51
and thus will have limited, if any, views of the Structure. One home on Howard Avenue
faces south, in the vicinity of the subject property. However, views of the Structure from
this home will be mitigated by the east and north facades of the substation control
building (given that the Structure will be east of the control building). Existing dense
foliage provides screening of the Substation and its associated structures from points to
the north in the residential subdivision. Finally, the very low (1 Watt or less) output
power of the ComEd antennas coupled with their only-intermittent operation (along with
compliance with all of the other applicable federal regulations) will allow ComEd's
Structure to operate in a manner protective of public health and safety in that
radiofrequency emissions are highly attenuated.
5. The proposed conditional use is to be served adequately by essential public facilities and
services such as highways, streets, police and fire protection, drainage structures, refuse
disposal, water and sewer, and schools; or the persons or agencies responsible for the
establishment of the proposed conditional use shall provide adequately any such services.
Installation of the Structure at the Substation will not increase the need for the Substation
to be served by any new essential public facilities or services.
6. The proposed conditional use does not create excessive additional requirements at public
expense for public facilities and services and not be detrimental to the economic welfare of the
community.
The proposed Structure will not create any additional requirements at public expense for
public facilities or services. To the contrary, the Structure's function will be to effectively
pinpoint and minimize outages, allowing for power re-routing and restoration as quickly
as possible and in as surgical a manner as possible. The Structure will also help even out
the flow of electricity through the distribution lines. Both Structure functions will
promote reliability of the electric grid, thereby boosting the City's economic welfare and
public services.
7. The proposed conditional use does not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property, or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Structure will not be detrimental to any persons, property, or to the general welfare.
The Structure will be unmanned, silent in its operation and unlit. The Structure will
consist of a silver-grey steel pole, similar to numerous existing support structures on and
nearby the subject property and in this way will blend into the existing look and function
of the Substation.
8. The proposed conditional use provides vehicular access to the property designed that does not
create an interference with traffic on surrounding public thoroughfares.
The Structure will not obstruct vehicular access to the Substation nor, in that it will be
generally unmanned, will it interfere with traffic on surrounding public thoroughfares.
Attachment 2 Page 21 of 51
9. The proposed conditional use does not result in the destruction, loss, or damage of a natural,
scenic, or historic feature of major importance.
The Substation and nearby properties currently contain numerous taller structures such as
poles, masts and light standards of comparable height and form. The addition of the
Structure will not destroy, diminish, or damage any natural, scenic, or historic feature of
major importance.
10. The proposed conditional use complies with all additional regulations in this title specific to
the conditional use requested.
The proposed conditional use will comply with all regulations outlined in the Zoning
Ordinance (assuming the proposed text amendments included in this application are
adopted by the City Council immediately prior to the requested conditional use approval).
Attachment 2 Page 22 of 51
Attachment 3 Page 23 of 51
Proposed Text Amendments
1.Add “Public Utilities -- antenna support structures” to Table 5 in Section 12-7-4 as a
Conditional Use in the M-2 zoning district, with a footnote indicating that such uses may
exceed the allowable M-2 height and/or be situated within an otherwise required M-2 yard
only when such adjustments are approved by the City Council as part of a conditional use.
Uses M-1 M-2 M-3
Public Utilities --
antenna support
structures
C 7
7 Public Utilities--antenna support structures may exceed the allowable maximum M-2 height
and/or be located within a required M-2 yard but only when the location and height are
approved by the City Council as part of a conditional use.
2.Add the following to Section 12-8 as a new Section 12-8-14:
12-8-14: Public Utilities -- antenna support structures
1. General Requirements: Public Utilities -- antenna support structures shall meet the
following requirements:
a. Public Utilities -- antenna support structures shall be owned and operated by a
public utility regulated by the Illinois Commerce Commission and/or the Federal Energy
Regulatory Commission;
b. Public Utilities -- antenna support structures shall be considered a secondary
use located within the boundaries of an existing substation or other public utility-owned
property which substation or property must be in existence prior to the establishment of the
Public Utilities -- antenna support structure.
c. Each Public Utilities -- antenna support structure shall be of no greater height
than permitted by the federal aviation authority.
2. Operational requirement: Every Public Utilities -- antenna support structure shall be
fully automated. No employees shall be stationed full-time at a structure site to support the
structure operation, except when completing periodic or emergency maintenance and repairs.
3.Add a definition of "Public Utilities -- antenna support structures" to Section 12-13-3 as
follows:
PUBLIC UTILITIES -- ANTENNA SUPPORT STRUCTURES: A freestanding structure of
other than lattice-type construction supporting antennae which communicate exclusively with
public utility transmission and distribution equipment. Such structures may not include third-
party usage.
Attachment 4 Page 24 of 51
1495 Howard Ave – Public Notice
1495 Howard Ave – Looking Southeast at Property
1495 Howard Ave – Looking Southeast at Front of Site
1495 Howard Ave – Looking Southwest at Side Yard
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COMMUNITY AND ECONOMIC
DEVELOPMENT DEPARTMENT
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5380
desplaines.org
November 17, 2020
Mayor Bogusz and Des Plaines City Council
CITY OF DES PLAINES
Subject: Planning and Zoning Board, 1495 Howard Avenue, 20-040-CU-MAP-TA, 6th Ward
RE: Consideration of Text Amendments, Map Amendment, and Conditional Use at 1495 Howard
Avenue, Case #20-040-CU-MAP-TA (6th Ward)
Honorable Mayor and Members of the Des Plaines City Council:
The Planning and Zoning Board met on November 10, 2020 to consider: (i) a Map Amendment under Section
12-3-7 to rezone the existing property from R-1, Single Family Residential to M-2, General Manufacturing; (ii)
a Conditional Use under Section 12-7-4 to allow the installation of a Public Utilities – Antenna Support Structure
in the M-2, General Manufacturing District; and (iii) Text Amendments to the following sections of the 1998 Des
Plaines Zoning Ordinance, as amended: (a) to add “Public Utilities – Antenna Support Structures” to Table 5
under Section 12-7-4(G) in the Zoning Ordinance as a conditional use in the M-2 district with a footnote allowing
the maximum height of the structure to exceed 100-feet and the minimum setback from property lines to be less
than 50-feet as required for similar structures in the M-2 district pursuant to City Council approval; (b) add new
section 12-8-14 with specific language regarding antenna support structure ownership, type of use, height, and
operations in Section 12-8 of the Zoning Ordinance; and (c) add a new definition for “Public Utilities – Antenna
Support Structures” in Section 12-13-3 of the Zoning Ordinance.
1.The petitioner presented an overview of the requests and provided information about the benefits of an
antenna support structure upgrade, including the reliability of the electrical grid through ComEd-only
“Smart Grid” Technology, coordinated functionality between the substation and distribution system,
reduced distribution outages, decreased outage durations, increased voltage efficiencies for all users, and
enhanced operational effectiveness and responsiveness. The ComEd project team provided a technical
overview of the smart grid infrastructure to explain how the addition of switches and cap banks along the
distribution line limits the amount of outages, duration of outages, and voltage along the line. They also
discussed the components of the proposed Public Utility – Antenna Support Structure noting that it would
be 2.5-feet in diameter, consist of five 5-foot tall antennas spaced 15-feet apart, and be located next to the
existing control building—no new building will be constructed. They added that each antenna can handle
approximately 40-50 devices and that the first antenna will be located 35-feet above grade. The ComEd
project team described the landscape plan detailing the plantings proposed along Howard Avenue to
provide adequate screening of the site from the adjacent single family residences while noting that the
landscaping will not exceed 10-feet in height pursuant to ComEd requirements.
2. The Planning and Zoning Board (PZB) Members asked about the number of pieces of equipment that are
currently installed on site; if the “Smart Grid” technology ties into the current smart meters in resident
homes; and about screening of the site from the Park District property next to the baseball field. The
petitioner and ComEd project team responded that there are approximately 12,000 pieces of equipment
located at the current site but 90 flags still need to be deployed in the Des Plaines area; that the “Smart
Grid” technology is solely for the electrical distribution system and is on a different system than the smart
meters at resident homes; and that there are no plans to add landscape screening on that portion of the
property next to the Amdt Park baseball field.
Attachment 6 Page 26 of 51
3. Community and Economic Development staff recommended approval of the request with no conditions.
4.One member from the public agreed with the importance of the project but asked if the PZB would work
with ComEd to bury the east-west power lines running through Amdt Park and work with the Park District
to add plantings on the east side of the subject property. The PZB members asked if ComEd would bury
the east-west power lines running through Amdt Park and the voltage of the east-west power lines running
through Amdt Park. The ComEd project ream responded that burying power lines is a non-standard
function of ComEd and would be an expense to the municipality and all rate payers in Des Plaines would
be charged for underground services in that area; and that the east-west power lines running through Amdt
Park are low voltage poles. They added that the additional landscape screening would not be an issue but
that it would have to be brought back to the ComEd team.
5.The Planning and Zoning Board recommended (4-0) that the City Council approve the request with two
new conditions: (i) recommendation of landscaping planting on the east side of the property and any
appropriate easement agreements for Park District maintenance; and (ii) provide information to the City
Council regarding the cost of burying lines as requested by the Park District.
Respectfully submitted,
James Szabo,
Des Plaines Planning and Zoning Board, Chairman
Cc: City Officials/Aldermen
Attachment 6 Page 27 of 51
OLD BUSINESS
NEW BUSINESS
1. Address: 1495 Howard Avenue Case Number: 20-040-TA-MAP-CU
The petitioner is requesting Text Amendments to the following sections of the 1998 Des Plaines Zoning
Ordinance, as amended for: (a) to add “Public Utilities – Antenna Support Structures” to Table 5 under
Section 12-7-4(G) in the Zoning Ordinance as a conditional use in the M-2 district with a footnote
allowing the maximum height of the structure to exceed 100-feet and the minimum setback from
property lines to be less than 50-feet as required for similar structures in the M-2 district pursuant to
City Council approval; (b) add new section 12-8-14 with specific language regarding antenna support
structure ownership, type of use, height, and operations in Section 12-8 of the Zoning Ordinance; and (c)
add a new definition for “Public Utilities – Antenna Support Structures” in Section 12-13-3 of the Zoning
Ordinance. (d) The petitioner is also requesting a Map Amendment under Section 12-3-7 to rezone the
existing property from R-1, Single Family Residential to M-2, General Manufacturing; (e) a Conditional
Use under Section 12-7-4 to allow the installation of a Public Utilities – Antenna Support Structure at the
existing electrical substation on the subject property; and (f) approval of any other such variations,
waivers, and zoning relief as may be necessary.
PINs: 09-29-401-002-0000
Petitioner: Commonwealth Edison Company, c/o One South Dearborn Street, Chicago, IL 60603
Owner: Commonwealth Edison Company, Three Lincoln Centre, Oakbrook Terrace, IL 60181
Acting Chairman Saletnik swore in the following individuals to provide information regarding the
Planning & Zoning Board request:
Joseph Turnage, External Affairs Manager, Commonwealth Edison Company
1500 Franklin Blvd, Libertyville, IL 60048
Scott E Saef, Sidley Austin LLP
1 S Dearborn, Chicago, IL 60603
Christopher M Collins, Principal Project Manager, Exelon
Commonwealth Edison Company, Three Lincoln Centre, Oakbrook Terrace, IL 60181
Douglas J Gothan, Landscape Architect, Christopher B Burke Engineering LTD
9575 W Higgins Rd, Rosemont, IL 60018
Acting Chairman Saletnik also swore in Don Miletic, Executive Director for the Des Plaines Park District,
2222 Birch St, Des Plaines, IL 60018.
The applicants provided information about the benefits of the antenna support structure upgrade,
including improved reliability of the electric grid through:
•ComEd-only “Smart Grid” Technology
•Coordinated functionality between Substation and Distribution System
•Reduced Distribution Outages
•Decreased Outage Durations
•Increased Voltage Efficiencies for All Users
Attachment 7 Page 28 of 51
• Enhanced Operational Effectiveness and Responsiveness
Mr. Chris Collins provided a technical overview of the smart grid infrastructure. Mr. Collins explained
how the increase of switches and cap banks along the distribution line limits the amount of outages,
duration of outages and voltage along the line.
Member Fowler inquired about the number of current pieces of equipment currently. Mr. Collins stated
that there are approximately 12,000 pieces of equipment; they are about 90 flags still to be deployed in
the Des Plaines area. ComEd is still deploying switches and cap banks throughout Illinois. Mr. Collins
stated that the antennae will only be serving the Des Plaines area.
Mr. Collins went over the structure of the antenna; the structure has five antennas, separated by 15 feet
(antennas needs to be at least 10 feet apart). Antennas are five feet tall and the first antenna needs to
be approximately 35 feet above grade.
Each of the antennas can handle approximately 40-50 devices.
The pole is approximately 2½ feet in diameter next to the control building, no additional building will be
built.
Acting Chairman Saletnik inquired if this ties into the current smartmeters in our homes. Mr. Collins
stated that this is a different network, this systems is solely for the electrical distribution system.
Mr. Gotham went over the proposed landscape plan, which includes the planting of White Wood Aster,
Northern Bayberry and Blue Muffin Arrowwood Viburnum. The plants will be as close to Howard Street
as possible to provide appropriate screening, plants will not top ten feet in height due to ComEd
requirements.
Member Fowler asked about screening next to the Park District property next to the baseball field. Mr.
Gotham stated there are no plans to add screening to that portion of the property.
Mr. Saef stated that there is very little room between the current property and Park District property
line.
Acting Chairman Saletnik asked if the Board had any questions, there were no additional questions.
Acting Chairman Saletnik asked if there were any questions or concerns from the audience.
Park District Director Miletic agreed with the importance of the project. Mr. Miletic asked the Planning
& Zoning Board to work with ComEd for burying the east-west power lines and work with the Park
District regarding planting on the east side.
Director McMahon stated that he would work with ComEd and the Park District following the meeting,
prior to bringing forward to City Council.
Acting Chairman Saletnik stated that the lot line is very close on the east side and is Park District
property.
Attachment 7 Page 29 of 51
Member Fowler had two questions, 1. Would ComEd be able to bury the power lines and 2. Would
ComEd provide additional landscaping.
Mr. Turnage responded that burying power lines is a non-standard function of ComEd and an expense to
the municipality. The cost is unknown at this time. ComEd is regulatory utility, therefore, all rate payers
would be charged for undergrounding the services in Des Plaines.
Acting Chairman Saletnik asked about the voltage of poles. Mr. Turnage stated that they are low voltage
polies.
Mr. Turnage stated that the landscaping not be an issue, but would have be brought back to the ComEd
team. Acting Chairman Saletnik stated that an easement or agreement be put in place prior to the
planting.
Chairman Szabo asked that the Staff Report be entered into record. Director McMahon provided a
summary of the following report:
Issue: The petitioner is requesting Text Amendments to the following sections of the 1998 Des Plaines
Zoning Ordinance, as amended for: (a) to add “Public Utilities – Antenna Support Structures” to Table 5
under Section 12-7-4(G) in the Zoning Ordinance as a conditional use in the M-2 district with a footnote
allowing the maximum height of the structure to exceed 100-feet and the minimum setback from property
lines to be less than 50-feet as required for similar structures in the M-2 district pursuant to City Council
approval; (b) add new section 12-8-14 with specific language regarding antenna support structure
ownership, type of use, height, and operations in Section 12-8 of the Zoning Ordinance; and (c) add a new
definition for “Public Utilities – Antenna Support Structures” in Section 12-13-3 of the Zoning Ordinance.
(d) The petitioner is also requesting a Map Amendment under Section 12-3-7 to rezone the existing
property from R-1, Single Family Residential to M-2, General Manufacturing; (e) a Conditional Use under
Section 12-7-4 to allow the installation of a Public Utilities – Antenna Support Structure at the existing
electrical substation on the subject property; and (f) approval of any other such variations, waivers, and
zoning relief as may be necessary.
Analysis:
Owner: Commonwealth Edison Company, c/o Scott Saef, Sidley Austin, LLP, One
South Dearborn Street, Chicago, IL 60603
Petitioner: Commonwealth Edison Company, c/o Mark Primm, Three Lincoln
Centre, Oakbrook Terrace, IL 60181
Case Number: 20-040-TA-MAP-CU
Real Estate Index
Numbers: 09-29-401-002-0000
Ward: #6, Alderman Malcolm Chester
Existing Zoning: R-1, Single Family Residential District
Attachment 7 Page 30 of 51
Existing Land Use: ComEd Substation
Surrounding Zoning: North: R-1, Single-Family Residential District
South: R-1, Single-Family Residential District
East: R-1, Single-Family Residential District
West: Railroad; C-3, General Commercial District
Surrounding Land Use North: Single Family Residences
South: Arndt Park
East: Arndt Park
West: Metra Line; Mobil Gas Station; Safeguard Self Storage
Street Classification Howard Avenue is classified as a local street.
Comprehensive Plan
Designation The Comprehensive Plan designates this property as Transportation /
Utilities / Communication / Other.
Proposed Text Amendments
Project Description The petitioner is proposing several text amendments to the Des Plaines
Zoning Ordinance, which are as follows:
Adding “Public Utilities – Antenna Support Structures” to Table 5
under Section 12-7-4(G) in the Zoning Ordinance as a conditional use
in the M-2 district with a footnote allowing the maximum height of
the structure to exceed 100-feet and the minimum setback from
property lines to be less than 50-feet as required for similar
structures in the M-2 district pursuant to City Council approval;
Adding new section 12-8-14 with specific language regarding antenna
support structure ownership, type of use, height, and operations in
Section 12-8 of the Zoning Ordinance; and
Adding a new definition for “Public Utilities – Antenna Support
Structures” in Section 12-13-3 of the Zoning Ordinance.
The items below are elaborated on in their own respective subsections for ease of following.
Adding “Public Utilities – Antenna Support Structures” as New Conditional Use for M-2 District
Currently, the zoning ordinance has specific regulations for antennas, radio transmitting towers for public
broadcasting, and commercial mobile radio service facilities as defined in Section 12-13-3. At this time,
the proposed 104-foot tall monopole with antennas would be classified as a commercial mobile radio
service facility and governed by the regulations in Section 12-8-5. However, the petitioner proposes to
classify the structure as a new use identified as a Public Utility – Antenna Support Structure and add it as
a new conditional use in the M-2, General Manufacturing district with a footnote that this use could
exceed the maximum height and minimum setbacks of similar structures within the M-2, General
Attachment 7 Page 31 of 51
Manufacturing district pursuant to City Council approval. The proposed text amendment would allow
Public Utility – Antenna Support Structures only in the M-2, General Manufacturing District. The proposed
amendment is as follows:
Add
12-7-4.G: Manufacturing Use Matrix: Adding “Public Utilities – Antenna Support Structures” as a
Conditional Use in the M-2, General Manufacturing district.
MANUFACTURING DISTRICT USE MATRIX
M-1 M-2 M-3
Public Utility – Antenna Support Structures C7
Notes 7. Public Utilities – Antenna Support Structures may exceed the maximum allowable M-2
district height and/or be located within a required M-2 district yard but only when the location
and height are approved by the City Council as part of a conditional use.
Adding New Section 12-8-14 for Specific Regulations for Public Utilities – Antenna Support Structures
The petitioner’s proposed text amendments include adding a new, separate section within the zoning
ordinance to add specific regulations for the Public Utilities – Antenna Support Structures. The proposed
amendments below look to differentiate Public Utilities – Antenna Support Structures from similar
telecommunication and utility structures as well as limit their ownership and operation to public utility
companies regulated by the Illinois Commerce and/or the Federal Energy Regulatory Commission. The
proposed amendments are as follows:
Add
12-8-14: Public Utilities – Antenna Support Structures: Adding New Section for Public Utilities –
Antenna Support Structures
A. General Requirements: Public Utilities – Antenna Support Structures shall meet the following
requirements:
1. Public Utilities – Antenna Support Structures shall be owned and operated by a public
utility regulated by the Illinois Commerce Commission and/or Federal Energy
Regulatory Commission.
2. Public Utilities – Antenna Support Structures shall be considered a secondary use
located within the boundaries of an existing substation or other public utility-owned
property, which substation or property must be in existence prior to the establishment
of the Public Utilities – Antenna Support Structure.
3. Each Public Utilities – Antenna Support Structure shall be of no greater height than
permitted by the Federal Aviation Authority.
B. Operational Requirements: Every Public Utilities – Antenna Support Structure shall be fully
automated. No employees shall be stationed full-time at a structure site to support the
Attachment 7 Page 32 of 51
structure operation, except when completing periodic or emergency maintenance and repairs.
Adding New Definition for Public Utilities – Antenna Support Structures
The last proposed text amendment includes the addition of a new definition for Public Utilities –
Antenna Support Structures in Section 12-3-3 of the Zoning Ordinance. The intention of this
amendment is to fully define Public Utilities – Antenna Support Structures as a new type of structure
and use within the Zoning Ordinance. The proposed definition is below:
Add
12-13-3: Definitions: Adding a New Definition for Public Utilities – Antenna Support Structures
Public Utilities – Antenna Support Structures: A freestanding structure of other than lattice-type
construction supporting antennae, which communicate exclusively with public utility transmission
and distribution equipment. Such structures may not include third party usage.
Map Amendment & Conditional Use
Project Description: The petitioner has requested a map amendment under Section 12-3-7 to
rezone the subject property from R-1, Single Family Residential to M-2,
General Manufacturing and a Conditional Use under Section 12-7-4(G) for
the proposed Public Utilities – Antenna Support Structure use on the
subject property based on the proposed text amendments. The proposed
Public Utilities – Antenna Support Structure will exceed both the
maximum height and minimum setback restrictions for similar structures
within the M-2, General Manufacturing district, which will need to be
approved by City Council pursuant to the proposed text amendments.
Compliance with the Comprehensive Plan
There is a portion of the City of Des Plaines’ 2019 Comprehensive Plan that align with the proposed
project. Under the Future Land Use Map, this property is marked for Transportation / Utilities /
Communication / Other uses. The proposed Public Utilities – Antenna Support Structure will make
improvements to the existing electric substation as it will allow it to effectively communicate with other
electric substations in the area and increase performance.
Amendment Findings: Map and Text Amendment requests are subject to the standards set forth in
Section 12-3-7(E) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these
standards, staff has the following comments:
A. The proposed amendment is consistent with the goals, objectives, and policies of the
comprehensive plan, as adopted and amended from time to time by the city council:
Comment: The Comprehensive Plan strives to improve transportation, utility, and communication
services city-wide in order to improve the quality of life for residents. The subject property contains an
existing ComEd electric substation that does not fit the scope or proposed development of the R-1 zoning
district for which it is located. While the subject property abuts single family residences to the north, the
Attachment 7 Page 33 of 51
other surrounding uses, including the Metra railroad and commercial businesses to the west and Arndt
Park to the east and south, the map amendment will not have a negative impact on neighboring
properties. The rezoning will bring the entire property under a zoning district tailored towards the
existing uses present on the subject property and that is consistent with the nearby manufacturing
warehouse development. See also the petitioner’s responses to standards for amendments.
B. The proposed amendment is compatible with current conditions and the overall character of
existing development in the immediate vicinity of the subject property:
Comment: The subject property is surrounded by a mix of commercial, manufacturing, and residentially-
zoned properties. However, the properties also directly south of the subject property are zoned M -2,
General Manufacturing, which are compatible with the proposed map amendment for the subject
property. See also the petitioner’s responses to standards for amendments.
C. The proposed amendment is appropriate considering the adequacy of public facilities and services
available to this subject property:
Comment: There are currently adequate public facilities for the existing R-1, Single Family Residential
District zoned property to enable it to be rezoned to the M-2, General Manufacturing District. See also
the petitioner’s responses to standards for amendments.
D. The proposed amendment will have an adverse effect on the value of properties throughout the
jurisdiction:
Comment: The proposal would better address the existing uses operating on the subject property and
make the subject property zoning consistent with similar M-2 zoned development in the area. This
request would also allow for additional uses to be located on site as proposed in the aforementioned
text amendments for improve functionality of the existing ComEd electrical substation. See also the
petitioner’s responses to standards for amendments.
E. The proposed amendment reflects responsible standards for development and growth:
Comment: The proposal strives to meet and exceed the responsible standards required for development
and growth as it would allow for additional uses to locate on site to further improve the operation of the
existing use on the subject property. See also the petitioner’s responses to standards for amendments.
Conditional Use Findings
Conditional Use requests are subject to the standards set forth in Section 12-3-4(E) of the 1998 City of Des
Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments:
A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning
district involved:
Comment: The petitioner is proposing a text amendment to add Public Utilities – Antenna Support
Structures as a conditional use in Section 12-7-4(G) of the 1998 City of Des Plaines Zoning Ordinance, as
amended, for properties in the M-2, General Manufacturing District. If approved by City Council, Public
Utilities – Antenna Support Structures will be a conditional use established within the M-2 zoning district,
which the petitioner proposes to the rezone the subject property to as part of this request. See also the
petitioner’s responses to standards for conditional uses.
B. The proposed Conditional Use is in accordance with the objectives of the City’s Comprehensive Plan:
Comment: The Comprehensive Plan designates this property as Transportation / Utilities /
Attachment 7 Page 34 of 51
Communication / Other given the existing electrical substation on site. The Comprehensive Plan strives to
advance transportation, utility, and communication services city-wide in order to improve the quality of
life for residents. The proposed Public Utility – Antenna Support Structure will help ComEd upgrade
existing equipment on site with newer technology and infrastructure to improve reliability of the electrical
grid. See also the petitioner’s responses to standards for conditional uses.
C. The proposed Conditional Use is designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity:
Comment: The property and existing building has been designed for an electrical substation use. The
petitioner proposes to add one Public Utility – Antenna Support Structure on the site to improve the
operation and efficiency of the electrical substation. New landscaping proposed along Howard Avenue
will help provide additional screening of the site from the residential development located just north of
the subject property. See also the petitioner’s responses to standards for conditional uses.
D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses:
Comment: The existing electrical substation use located on this site and within the existing building are
not hazardous or disturbing to existing neighboring uses. Aside from its visibility from surrounding
properties, the proposed Public Utility – Antenna Support Structure will not be hazardous or disturbing to
neighboring properties. See also the petitioner’s responses to standards for conditional uses.
E. The proposed Conditional Use is to be served adequately by essential public facilities and services,
such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and
sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide
adequately any such services:
Comment: The current electric substation use on this site is adequately served by essential public facilities
and services. Staff does not have concerns that the electric substation with the proposed Public Utility –
Antenna Support Structure use will also be adequately served by essential public facilities and services.
See also the petitioner’s responses to standards for conditional uses.
F. The proposed Conditional Use does not create excessive additional requirements at public expense
for public facilities and services and will not be detrimental to the economic well -being of the entire
community:
Comment: The current electric substation use does not create a burden on public facilities or become a
detriment to the economic well-being of the community. There is no anticipated burden for public
facilities or detriment to the community as a result of the Conditional Use Permit for a Public Util ity –
Antenna Support Structure. See also the petitioner’s responses to standards for conditional uses.
G. The proposed Conditional Use does not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property, or the general
welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors:
Comment: The proposed Public Utility – Antenna Support Structure use is not anticipated to create
additional traffic compared to the previous auto service repair use. See also the petitioner’s responses to
standards for conditional uses.
H. The proposed Conditional Use provides vehicular access to the property designed so that it does not
Attachment 7 Page 35 of 51
create an interference with traffic on surrounding public thoroughfares:
Comment: The proposed Public Utility – Antenna Support Structure use will not create an interference
with traffic on surrounding public thoroughfares. There will be no changes to the existing two access
points onto the property from Howard Avenue utilized by the existing electrical substation. See also the
petitioner’s responses to standards for conditional uses.
I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic,
or historic features of major importance:
Comment: The proposed Public Utility – Antenna Support Structure use would not cause the destruction,
loss, or damage of any natural, scenic or historic features of major importance. The building and site were
already developed for an electrical substation. The petitioner plans to add landscaping and screening to
improve the aesthetics of the property. See also the petitioner’s responses to standards for conditional
uses.
J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance
specific to the Conditional Use requested:
Comment: With the approval of the text amendments, the use will meet the requirements of the Zoning
Ordinance for the M-2 zoning District. See also the petitioner’s responses to standards for conditional
uses.
Recommendations: Staff recommends approval of the following requests from the petitioner: (i) Text
Amendments to Sections 12-7-4, 12-8, and 12-13-3 of the Zoning Ordinance; (ii) Map Amendment under
Section 12-3-7 to rezone the property from R-1, Single Family Residential to M-2, General Manufacturing,
and (iii) Conditional Use under Section 12-7-4 to allow a Public Utility – Antenna Support Structure at 1495
Howard Avenue.
Planning and Zoning Board Procedure:
The Planning and Zoning Board may vote to recommend approval, approval with modifications, or
disapproval. The City Council has final authority over the proposed Text Amendments, Map
Amendment, and Conditional Use requests for 1495 Howard Avenue.
A motion was made by Board Member Hofherr, seconded by Board Member Fowler to approve with
the following additional conditions: a) recommendation of landscape planting on the east side of the
property and any appropriate easement agreements for Park District maintenance and b) provide
information to the City Council regarding the cost of burying lines as requested by the Park District.
AYES: Hofherr, Fowler, Catalano, Saletnik
NAYES: None
***MOTION CARRIES ***
Attachment 7 Page 36 of 51
Additions are bold and double-underlined; deletions are struck through.
CITY OF DES PLAINES
ORDINANCE Z - 24 - 20
AN ORDINANCE AMENDING THE DES PLAINES ZONING
CODE TO ESTABLISH PUBLIC UTILITIES – ANTENNA
SUPPORT STRUCTURES AS A CONDITIONAL USE IN
THE M-2, GENERAL MANUFACTURING DISTRICT
(CASE# 20-040-TA-MAP-CU).______________________
WHEREAS, the City is a home rule municipal corporation in accordance with Article VII,
Section 6(a) of the Constitution of the State of Illinois of 1970; and
WHEREAS, the "Des Plaines Zoning Ordinance of 1998," as amended ("Zoning
Ordinance"), is codified as Title 12 of the City Code; and
WHEREAS, Commonwealth Edison Company (“Petitioner”) filed an application to
amend the Zoning Code to permit the establishment of a new class of antenna support structures o
be used exclusively in support of public utility operations, including specifically the following: :
(i) to add “Public Utilities – Antenna Support Structures” to Table 5 under Section 12-7-4(G) in
the Zoning Ordinance as a conditional use in the M-2 General Manufacturing District ("M-2
District") with a footnote allowing the maximum height of the structure to exceed 100-feet and
the minimum setback from property lines to be less than 50-feet as required for similar structures
in the M-2 district pursuant to City Council approval; (ii) to add a new section 12-8-14 with
specific language regarding antenna support structure ownership, type of use, height, and
operations in Section 12-8 of the Zoning Ordinance; and (iii) to add a new definition for “Public
Utilities – Antenna Support Structures” in Section 12-13-3 of the Zoning Ordinance (collectively,
"Proposed Text Amendments"); and
WHEREAS, a public hearing by the Planning and Zoning Board ("PZB") to consider the
Proposed Text Amendments was duly advertised in the Des Plaines Journal on October 21, 2020,
and held on November 10, 2020; and
WHEREAS, on November 10, 2020, the PZB voted to recommend approval of the
Proposed Text Amendments by a vote of 4-0, which recommendation was forwarded in writing to
the City Council on November 17, 2020; and
WHEREAS, the City Council has considered the factors set forth in Section 12-3-7.E,
titled "Standards for Amendments," of the Zoning Ordinance; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
adopt the Proposed Text Amendments 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:
Page 37 of 51
Additions are bold and double-underlined; deletions are struck through.
SECTION 1. RECITALS. The recitals set forth above are incorporated herein by
reference and made a part hereof.
SECTION 2. FINDING OF COMPLIANCE. The City Council finds that consideration
of the Text Amendments has complied with the provisions of Section 12-3-7 of the Zoning
Ordinance.
SECTION 3. MANUFACTURING DISTRICT USE MATRIX. The Manufacturing
District Use Matrix set forth in Section 12-7-4.G, is amended to add the following new use:
MANUFACTURING DISTRICT USE MATRIX
M-1 M-2 M-3
Public Utility – Antenna Support Structure C7
Notes 7. Public Utilities – Antenna Support Structures may exceed the
maximum allowable M-2 district height and/or be located within a required M-
2 district yard but only when the location and height are approved by the City
Council as part of a conditional use.
SECTION 4. ACCESSORY, TEMPORARY, AND SPECIFIC USE
REGULATIONS. Chapter 8, titled “Accessory, Temporary, and Specific Use Regulations,” of of
the Zoning Ordinance is hereby amended to add a new Section 12-8-14, titled “Public Utilities –
Antenna Support Structure.”:
12-8-14: Public Utilities – Antenna Support Structures: Adding New Section
for Public Utilities – Antenna Support Structures
A.General Requirements: Public Utilities – Antenna Support Structures
shall meet the following requirements:
1.Public Utilities – Antenna Support Structures shall be owned and
operated by a public utility regulated by the Illinois Commerce
Commission and/or Federal Energy Regulatory Commission.
2.Public Utilities – Antenna Support Structures shall be considered a
secondary use located within the boundaries of an existing
substation or other public utility-owned property, which substation
or property must be in existence and currently operating prior to
the establishment of the Public Utilities – Antenna Support
Structure.
3.No Public Utilities – Antenna Support Structure may exceed a
height permitted by the Federal Aviation Authority.
Page 38 of 51
Additions are bold and double-underlined; deletions are struck through.
B.Operational Requirements: Every Public Utilities – Antenna Support
Structure shall be fully automated. No employees may be stationed full-
time at a structure site to support the structure operation, except when
completing periodic or emergency maintenance and repairs.
SECTION 5. DEFINITION OF TERMS. Section 12-13-3, titled “Definition of Terms,”
of Chapter 13, titled "Definitions," of the Zoning Ordinance is hereby amended to add a new term,
“Public Utilities – Antenna Support Structure”:
“12-13-3: DEFINITION OF TERMS:
For the purposes of this title, the following terms shall have the following
meanings:
* * *
Public Utilities – Antenna Support Structure: A freestanding structure of
other than lattice-type construction supporting antennae, that communicates
exclusively with public utility transmission and distribution equipment. Public
Utilities – Antenna Support Structures may not be used by third parties who
do not own or operate the structures.
* * *”
SECTION 6. 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 7. 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.
[SIGNATURES ON FOLLOWING PAGE]
Page 39 of 51
Additions are bold and double-underlined; deletions are struck through.
PASSED this day of , 2020.
APPROVED this day of , 2020.
VOTE: Ayes Nays Absent
MAYOR
ATTEST:
CITY CLERK
Published in pamphlet form this Approved as to form:
____ day of _______________, 2020
CITY CLERK Peter M. Friedman, General Counsel
Page 40 of 51
CITY OF DES PLAINES
ORDINANCE Z - 25 - 20
AN ORDINANCE APPROVING AMENDMENTS TO THE
TEXT OF VARIOUS SECTIONS OF THE DES PLAINES
ZONING ORDINANCE, A ZONING MAP AMENDMENT,
AND A CONDITIONAL USE PERMIT FOR THE
INSTALLATION OF A PUBLIC UTILITIES - ANTENNA
SUPPORT STRUCTURE AT 1495 HOWARD AVENUE, DES
PLAINES, ILLINOIS.
WHEREAS, Commonwealth Edison Company ("Petitioner") is the record title holder for
the property commonly known as 1495 Howard Avenue, Des Plaines, Illinois ("Subject
Property"); and
WHEREAS, the Subject Property currently located in the R-1 Single-Family Residential
District ("R-1 District") and is currently improved with an electrical substation ; and
WHEREAS, Petitioner desires to construct a Public Utilities - Antenna Support Structure
on the Subject Property ("Proposed Structure"); and
WHEREAS, the "Des Plaines Zoning Ordinance of 1998," as amended ("Zoning
Ordinance"), is codified as Title 12 of the City Code of the City of Des Plaines ("City Code");
and
WHEREAS, on [INSERT DATE], the Mayor and the City Council of the City of Des
Plaines adopted Ordinance Z-24-20 which amended the Zoning Code to add “Public Utilities –
Antenna Support Structure” as a conditional use in the M-2 General Manufacturing District and
established regulations for the location and operation of such structures; and
WHEREAS, the installation of the Proposed Structure is currently not permitted in the R-
1 District; and
WHEREAS, in order to construct the Proposed Structure on the Subject Property, and
pursuant to Sections 12-3-6 and 12-3-7 of the Zoning Ordinance, the Petitioner filed an application
with the City for the following: (i) a map amendment to the “Zoning Map of the City of Des
Plaines” ("Zoning Map") to rezone the Subject Property from the R-1 District to the M-2 District
("Proposed Map Amendment"); and (ii) a Conditional Use under Section 12-7-4 to allow the
installation of a Public Utilities – Antenna Support Structure at the existing electrical substation
on the Subject Property; ("Proposed Conditional Use Permit") (collectively, the Proposed Map
Amendment, and Proposed Conditional Use Permit are the "Requested Relief"); and
WHEREAS, within 15 days after the receipt thereof, the Petitioner’s application was
referred by the Department of Community and Economic Development to the Planning and Zoning
Board of the City of Des Plaines ("PZB"); and
Page 41 of 51
WHEREAS, within 90 days after the date of the Petitioner’s application, pursuant to
publication in the Des Plaines Journal on October 21, 2020, a public hearing to consider the
Requested Relief was held by the PZB on November 10, 2020; and
WHEREAS, notice of the public hearing was mailed to all property owners within 300
feet of the Subject Property; and
WHEREAS, during the public hearing the PZB heard testimony and received evidence
with respect to how the Petitioner intended to satisfy and comply with the provisions of the Zoning
Ordinance, and on November 10, 2020, the PZB recommended by a vote of 4-0 that the City
Council approve the Requested Relief subject to certain conditions; and
WHEREAS, pursuant to Sections 12-3-6 and 12-3-7 of the Zoning Ordinance, the PZB
filed a written report with the City Council on November 17, 2020, summarizing the testimony
and evidence received by the PZB and stating its recommendation; and
WHEREAS, the Petitioner made representations to the PZB with respect to the Requested
Relief which representations are hereby found by the City Council to be material and upon which
the City Council relies in approving the Requested Relief; and
WHEREAS, the City Council has considered the written report of the PZB, the applicable
standards for map amendments, major variations, and conditional use permit set forth in the Zoning
Ordinance, and the Community and Economic Development Staff Memorandum dated November
18, 2020, and has determined that it is in the best interest of the City and the public to approve the
Requested Relief subject to certain conditions 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 the approval of the
Requested Relief.
SECTION 2. LEGAL DESCRIPTION OF SUBJECT PROPERTY. The Subject
Property is legally described as:
THAT PART OF THE NORTH ONE HUNDRED SIXTY FIVE (165) FEET OF
THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION TWENTY NINE (29), TOWNSHIP FORTY ONE (41)
NORTH, RANGE TWELVE (12) EAST OF THE THIRD PRINCIPAL
MERIDIAN, LYING EAST OF THE RIGHT OF WAY OF THE WISCONSIN
CENTRAL RAILWAY COMPANY.
Page 42 of 51
EXCEPTING THEREFROM THAT PART SHOWN ON THE PLAT OF
GRANT FOR ILLINOIS STREET, ACCORDING TO THE PLAT THEREOF
RECORDED FEBRUARY 21, 1962 AS DOCUMENT NO. 18407631, ALL IN
COOK COUNTY, ILLINOIS.
PIN: 09-29-401-002-0000
Commonly known as 1495 Howard Avenue, Des Plaines, Illinois.
SECTION 3. APPROVAL OF PROPOSED MAP AMENDMENT. Subject to and
contingent upon the conditions set forth in Section 5 of this Ordinance and pursuant to Section 12-
3-7 of the Zoning Ordinance, the City Council has considered the factors relevant to the approval
of map amendments and has determined that the procedure for the review of map amendments has
been satisfied. The City Council hereby approves the Proposed Map Amendment, and the Zoning
Map is hereby amended to rezone the Subject Property from the R-1 District, Single Family
Residential District to the M-2, General Manufacturing District.
SECTION 4. PROPOSED CONDITIONAL USE PERMIT. Subject to and contingent
upon the conditions, restrictions, limitations and provisions set forth in Section 5 of this Ordinance,
the City Council hereby grants the Petitioner the Proposed Conditional Use Permit for a “Public
Utility – Antenna Support Structure,” to allow the installation of the Proposed Structure on the
Subject Property. The Proposed Conditional Use Permit granted by this Ordinance is consistent
with and equivalent to a "special use" as referenced in Section 11-13-25 of the Illinois Municipal
Code, 65 ILCS 5/11-13-25.
SECTION 5. CONDITIONS. The Proposed Map Amendment granted in Section 3 of
this Ordinance and the Proposed Conditional Use Permit granted in Section 4 of this Ordinance
shall be, and are hereby, expressly subject to and contingent upon the following conditions,
restrictions, limitations, and provisions of this Section 5.
A.Compliance with Law and Regulations. The development, use, operation, and
maintenance of the Subject Property, by the Petitioner must comply with all applicable City codes
and ordinances, as the same have been or may be amended from time to time, except to the extent
specifically provided otherwise in this Ordinance.
B.Compliance with Plans. Except for minor changes and site work approved by the
City Director of Community and Economic Development or Director of Public Works and
Engineering (for matters within their respective permitting authorities) in accordance with all
applicable City standards, the development, use, operation, and maintenance of the Subject
Property by the Petitioner must comply with the following plans:
1.That certain "Plat of Survey” prepared by HR Green, consisting of one page,
with a latest revision date of September 25, 2020, attached to and by this
reference made a part of this Ordinance as Exhibit A; and
Page 43 of 51
2.That certain “Site Plan” prepared by Petitioner, consisting of one page, and
dated September 22, 2020, attached to and by this reference made a part of,
this Ordinance as Exhibit B; and
2.That certain “Landscape Plan” prepared by Petitioner, consisting of one
page, in substantially the form attached to this Ordinance as Exhibit C, and
in a final form approved by the Director of Community and Economic
Development to reflect enhanced screening and buffering on the east side
of the Subject Property.
SECTION 6. FAILURE TO COMPLY WITH CONDITIONS.
A.Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with, or resists the enforcement of, any of the provisions of this Ordinance shall be fined
not less than seventy five dollars ($75.00) or more than seven hundred and fifty dollars ($750.00)
for each offense. Each and every day that a violation of this Ordinance is allowed to remain in
effect shall constitute a complete and separate offense. In addition, the appropriate authorities of
the City may take such other action as they deem proper to enforce the terms and conditions of
this Ordinance, including, without limitation, an action in equity to compel compliance with its
terms. Any person, firm or corporation violating the terms of this Ordinance shall be subject, in
addition to the foregoing penalties, to the payment of court costs and reasonable attorneys’ fees.
B.In the event that the Petitioner or Owner fails to develop or maintain the Subject
Property in accordance with the requirements of the Zoning Ordinance, or the conditions set forth
in Section 5 of this Ordinance and the Proposed Conditional Use Permit granted in Section 4 of
this Ordinance may be revoked after notice and hearing before the Zoning Administrator of the
City, all in accordance with the procedures set forth in Section 12-4-7 of the Zoning Ordinance.
In the event of revocation, the development and use of the Subject Property will be governed solely
by the regulations of the M-2, General Manufacturing District. Further, in the event of such
revocation of the Proposed 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, have considered the possibility of the
revocation provided for in this Section, and agree not to challenge any such revocation on the
grounds of any procedural infirmity or any denial of any procedural right, provided that the notice
and hearing required by Section 12-4-7 of the Zoning Ordinance is provided to the Petitioner.
SECTION 7. EFFECTIVE DATE.
A.This Ordinance shall be in full force and effect only after the occurrence of the
following events:
1.its passage and approval by the City Council in the manner provided by law;
2. its publication in pamphlet form in the manner provided by law;
Page 44 of 51
3.the filing with the City Clerk by the Petitioner and the Owner 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 Owner’s
consent to its recordation. Said unconditional agreement and consent shall be in
substantially the form attached to, and by this reference made a part of, this Ordinance as
Exhibit D; and
4.at the Petitioner’s sole cost and expense, the recordation of this Ordinance
together with such exhibits as the City Clerk deems appropriate, with the Office of the
Cook County Recorder.
B.In the event that the Petitioner and Owner do not file with the City Clerk a fully
executed copy of the unconditional agreement and consent referenced in Section 7.A.3 of this
Ordinance, within 60 days after the date of passage of this Ordinance by the City Council, the City
Council shall have the right, in its sole discretion, to declare this Ordinance null and void and of
no force or effect.
SECTION 8. SEVERABILITY. If any paragraph, section, clause or provision of this
Ordinance is held invalid, the remainder shall continue in full force and effect without affecting
the validity of the remaining portions of the Ordinance.
[SIGNATURE PAGE FOLLOWS]
Page 45 of 51
PASSED this _______ day of _______________, 2020.
APPROVED this _________ day of ____________, 2020.
VOTE: AYES ________ NAYS _________ ABSENT ________
MAYOR
ATTEST:
CITY CLERK
Published in pamphlet form this Approved as to form:
_______ day of __________________, 2020.
CITY CLERK Peter M. Friedman, General Counsel
DP-Ordinance Approving Text Amendments to the Zoning Code Map Amendment CUP for Antenna Structure at 1495 Howard Ave
Page 46 of 51
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Page 49 of 51
EXHIBIT D
UNCONDITIONAL AGREEMENT AND CONSENT AND REZONING COVENANT
WHEREAS, Commonwealth Edison Company (“Petitioner”), applied to the City of Des
Plaines for: (i) a map amendment to rezone that certain property known as 1495 Howard Avenue,
Des Plaines, Illinois (“Subject Property”) from R-1 Single-Family Residential District to the M-
2 General Manufacturing District (“Map Amendment”); and (ii) a conditional use permit to allow
the installation of a Public Utilities – Antenna Support Structure at the existing electrical substation
on the Subject Property ("Conditional Use Permit"); and
WHEREAS, Ordinance No. Z-25-20 adopted by the City Council of the City of Des
Plaines on , 2020 ("Ordinance"), grants approval of the Map Amendment and the
Conditional Use Permit, subject to certain conditions; and
WHEREAS, Petitioner desires to evidence to the City their unconditional agreement and
consent to accept and abide by each of the terms, conditions, and limitations set forth in said
Ordinance, and their consent to recording the Ordinance and this Unconditional Agreement and
Consent against the Subject Property;
NOW, THEREFORE, Petitioner and Owner do hereby agree and covenant as
follows:
1.Petitioner hereby unconditionally agrees to accept, consent to and abide by all of
the terms, conditions, restrictions, and provisions of that certain Ordinance No.
Z-25-20, adopted by the City Council on ______________, 2020.
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 Property, and that the City's
review and approval of any such plans and issuance of any such permits does not,
and shall not, in any way, be deemed to insure Petitioner 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, have considered the
possibility of the revocation provided for in the Ordinance, and agree not to
challenge any such revocation on the grounds of any procedural infirmity or any
denial of any procedural right, provided that the procedures required by Section 12-
4-7 of the City's Zoning Ordinance are followed.
4.Petitioner agrees to and do hereby hold harmless and indemnify the City, the City's
corporate authorities, and all City elected and appointed officials, officers,
employees, agents, representatives, and attorneys, from any and all claims that may,
at any time, be asserted against any of such parties in connection with (a) the City's
Exhibit D Page 50 of 51
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 Agreement and Consent.
5.Petitioner hereby agrees to pay all expenses incurred by the City in defending itself
with regard to any and all of the claims mentioned in this Unconditional Agreement
and Consent. These expenses shall include all out-of-pocket expenses, such as
attorneys' and experts' fees, and shall also include the reasonable value of any
services rendered by any employees of the City.
ATTEST: COMMONWEALTH EDISON
COMPANY
By: By:_____________________________
SUBSCRIBED and SWORN to
before me this _______ day of Name:___________________________
___________________, 2020.
Its:_______________________________
Notary Public
Exhibit D Page 51 of 51