CITY OF ELGIN, ILLINOIS COUNCIL AGENDA CITY COUNCIL CHAMBERS Regular Meeting 7:00 P.M. September 23, 2015 Call to Order Invocation – Pledge of Allegiance Roll Call Minutes of Previous Meetings – September 9, 2015 Recognize Persons Present Bids 1. 15‐040 Fulton Street Parking Structure Maintenance Repairs ($36,160) 2. 15‐041 Oakwood Park Subdivision Water Main Improvements ($817,758) 3. The Cooperative Purchase Network Bid ‐ Therapy Pool HVAC Equipment Replacement ($383,050) Other Business (O) 1. Resolution Authorizing Execution of Restaurant Lease and Services Agreement with Porter’s Pub Payroll PPP, LLC for restaurant and related services operations at Bowes Creek Country Club 2. Resolution Authorizing Execution of an Agreement with the Service Employees International Union, Local 73 Municipal Division, Elgin Public Works Chapter 3. Ordinance Establishing a Pay Plan for the Public Services Employee Group of the City of Elgin
City Council Agenda – September 23, 2015 4.
Page 2
Resolution Authorizing Execution of an Economic Incentive Agreement with Motorola Solutions, Inc. (2580 Galvin Drive)
5. Resolution Accepting the Proposals for the City of Elgin’s Insurance Program **Consent Agenda (C) 1. Resolution Authorizing Execution of Amendment Agreement No. 2 with HR Green, Inc. for Construction Administration and Inspection Services in Connection with the 2013 Combined Sewer Separation Project‐Bluff City Boulevard Phase I 2. Resolution Authorizing Execution of an Agreement Between the City of Elgin and School District U‐46 Providing for a School Resource Officer 3. Resolution Establishing an Honorary Street Name for Father Edward J. Seisser for Dominican Way Miscellaneous Business (M) 1. Minutes for Various Boards and Commissions a. Design Review Subcommittee Heritage Commission July 14, 28, and August 11, 2015 b. Liquor Commission August 12, 2015 c. Planning and Zoning Commission August 3, 2015 d. Sustainability Commission May 12, June 9, July 7, and August 18, 2015 e. Committee of the Whole Minutes for August 26, 2015 f. City Council Minutes for August 26, 2015 2. Various Tax Reports a. Alcoholic Tax Revenue 3. Disbursement Report Announcements Next Committee of the Whole Meeting, Wednesday, October 14, 2015, at 6:00 p.m., in the City Council Chambers Next Regular Meeting of the Elgin City Council, Wednesday, October 14, 2015, at 7:00 p.m. in the City Council Chambers Adjournment
City Council Agenda – September 23, 2015
Page 3
**All matters listed under Consent Agenda are considered to be routine and non‐controversial by the City Council and will be enacted by one motion and one roll call vote. There will be no separate discussion of these items. If discussion is desired by a Council member or citizen, that item will be removed from the Consent Agenda and will be considered separately immediately after approval of the Consent Agenda. Citizens desiring discussion on any item listed under the Consent Agenda should contact a Council member prior to the meeting and request that the item be removed for discussion. The City of Elgin is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are requested to contact the Human Resources Department at (847) 931‐6076 or TT/TDD (847) 931‐5616 promptly to allow the City of Elgin to make reasonable accommodations for those persons.
1
AGENDA ITEM: MEETING DATE: September 23, 2015 ITEM: Fulton Street Parking Structure Maintenance Repairs ‐ Bid 15‐040 ($36,160) OBJECTIVE: Perform necessary maintenance repairs to the Fulton Street Parking Structure to maintain the city infrastructure. RECOMMENDATION: Award a contract to J. Gill and Company for Fulton Street Parking Structure Maintenance Re‐ pairs in the amount of $36,160. The Fulton Street parking deck is constructed with precast concrete that uses flexible joint seal‐ ants between those components. The flexible joint sealants allow for the expansion and contrac‐ tion of the concrete sections during colder and warmer weather. The fourth and fifth levels of the parking deck are regularly exposed to the elements and the flexible joints on those floors are in need of repair. This bid will authorize work that can be com‐ pleted by the end of this October in time for the winter weather. BACKGROUND Parking structures require preventative maintenance activities that are necessary to prevent further damage and deterioration within the parking structure. These regular maintenance ac‐ tivities include the removal and replacement of all flexible joint sealants located on the exposed upper levels of the parking structure as well as other minor concrete patching and repair work. The Fulton Street parking deck requires these preventative maintenance activities to ensure the structure remains in good sound condition. OPERATIONAL ANALYSIS The Fulton Street Parking deck is a precast, concrete structure. To allow for expansion and con‐ traction of these individual precast components, a flexible joint sealant is installed at all joints. Age and exposure to the elements will cause this flexible joint sealant material to become brit‐ tle, shrink and break down over time, allowing moisture and other contaminants to get in be‐
tween these precast components. This leads to deterioration of the precast components them‐ selves. When the flexible joint sealant becomes brittle and begins to break down, it needs to be replaced to prevent further damage to the structure itself. In addition to removing and replac‐ ing the flexible joint sealant, it is also necessary to perform concrete patchwork and other mi‐ nor repair work to the exposed surfaces of the structure to prevent moisture and other con‐ taminants from causing further damage. The proposed repairs are located on the fourth and fifth level of the Fulton Street parking struc‐ ture, as these are the levels that are constantly exposed to the elements and are in need of these maintenance repairs. All maintenance repairs covered by this contract shall be completed by October 30, 2015. The parking structure is located as highlighted below.
INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS Three bidders responded with bids ranging from a low of $36,130 to a high of $48,373. J. Gill and Company was the lowest responsive bidder and has worked previously for the city.
2
BUDGET IMPACT FUND(S)
ACCOUNT(S)
PROJECT #(S)
General
010‐3344‐755.40‐09
AMOUNT BUDGETED $39,500
AMOUNT AVAILABLE $37,500
LEGAL IMPACT An invitation to bid was advertised in the Daily Herald and was posted on the city’s website on August 21, 2015. Three bids were received, opened and read publicly on September 4, 2015. The lowest responsive bidder was J. Gill and Company with a bid price of $36,160. See Attach‐ ment A for a bid tab summary. ALTERNATIVES 1. The city council may choose not to award the project to J. Gill and Company and rebid this work. 2. The city council may choose to do nothing at this time and postpone necessary preven‐ tative maintenance activities. NEXT STEPS 1. Award contract to J. Gill and Company for the Fulton Street Parking structure mainte‐ nance repairs. 2. Schedule and complete the necessary maintenance work. Originators: Final Review:
Christopher Tiedt, Senior Engineer‐ Public Services Gregory J. Rokos, Public Services Director
Debra Nawrocki, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager
ATTACHMENTS A.
Bid Tab
3
Fulton Street Parking Structure Maintenance Repairs TABULATION OF BIDS J Gill and Company 236 E. 161st Place Suite A South Holland, IL 60473
CITY OF ELGIN Invitation No: 15-040 Date of Opening: 9/4/15 Department: Land Management Item No. 1 2
3 4
General Requirements Concrete Floor Repair Floor Repair Floor Repair - Lifting Loops Concrete Wall Repair Crack and Joint Repair Random Crack Repair Control Joint Sealant Tee-To-Tee Joint Sealant Grand Total
JLJ CONTRACTING 2748 S. 21st Avenue Broadview, IL 60155
Bulley & Andrews Concrete Restoration 1755 W. Armitage Chicago, IL 60622
Quantity
Unit Price
Ext. Price
Unit Price
Ext. Price
Unit Price
Ext. Price
1
$3,000
$3,000
$4,480
$4,480
$13,267
$13,267
10 20 10
$150 $75 $150
$1,500 $1,500 $1,500
65 65 175
$650 $1,300 $1,750
$154 $135 $259
$1,540 $2,700 $2,590
330 500 2510
$6 $6 $10
$1,815 $3,000 $23,845 $36,160
11 11 10
$3,630 $5,500 $25,100 $42,410
$5.40 $5.80 $9.40
$1,782 $2,900 $23,594 $48,373
2
AGENDA ITEM: MEETING DATE: September 23, 2015 ITEM: Oakwood Park Subdivision Water Main Improvements – Bid 15‐041 ($817,758) OBJECTIVE: Improve the city’s infrastructure with replacement of aging water main in the Oakwood Park Subdivision. RECOMMENDATION: Award the Oakwood Park subdivision water main improvements to J. Congdon Sewer Service, Inc. of Carol Stream, Illinois in the amount of $817,758 Water main breaks have been occurring in the Oakwood Park subdivision with increasing fre‐ quency. The high repair incidence has prompted an attendant rise in resident complaints regard‐ ing the street surfaces and water mains. This water main replacement project is the first phase of neighborhood improvements with street resurfacing following in 2016. Phasing the water main replacement before the street re‐ surfacing project will ensure the new pavement remains in place for an extended time following its completion. BACKGROUND The city has approximately 500 miles of water main throughout the distribution system to con‐ vey potable water from the treatment plants to consumers. These water mains deteriorate over time due to various issues including the surrounding soil characteristics, age of the pipe, mate‐ rials available when originally constructed and hydraulic characteristics in the distribution sys‐ tem. The number of water main breaks in the Oakwood Park subdivision has been steadily growing as the age of the mains increases. There has also been an increasing number of resident com‐ plaints relating to the condition of the subdivision infrastructure, including the roads and water mains. This water main replacement project will be the first phase of neighborhood improve‐ ments for the area, with a street resurfacing project anticipated in 2016. It was determined that due to the poor condition of the water mains, a full replacement in portions of the subdivision
will be in the best interests of the water distribution system. Replacement of the water mains before the street resurfacing will decrease the number of main breaks and required street re‐ pairs once the street rehabilitation is completed. The map of the area for water main replacement is shown below.
OPERATIONAL ANALYSIS The project will include the replacement of failing water main with the installation of approxi‐ mately 2,445 feet of eight inch water main on Oakwood and Forest, and replacement of the fire hydrants, valve and services along the route. Redundant four inch mains located on Tefft and Bode will be abandoned with the services and hydrants reconnected to the adjacent mains. The project will include roadway patching and landscape restoration in areas affected by construc‐ tion. The lowest bid was submitted by J. Congdon Sewer Services, Inc. of Carol Stream, Illinois. J. Congdon has previously done satisfactory work for the city. See Attachment A and B for the recommendation letter and bid tabulation prepared by Wills Burke Kelsey Associates, the con‐ sultant design engineer.
2
INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS There were eight bids received for the project with bids ranging from a low bid of $817,758 to a high bid of $1,182,184. Staff recommends awarding the contract to the lowest responsible bid‐ der, J. Congdon Sewer Services, in the amount of $817,758. This project will require construction engineering oversight to ensure that the infrastructure improvements meet the design requirements. Staff will be proposing a construction engineer‐ ing services contract with Wills Burke Kelsey Associates to the council in the near future. BUDGET IMPACT FUND(S)
ACCOUNT(S)
PROJECT #(S)
Utility
401‐4005‐771.93‐41
AMOUNT BUDGETED $817,758
AMOUNT AVAILABLE $817,758
LEGAL IMPACT Notices were published in the Daily Herald on August 28, 2015 and on the city’s website. The bids were opened and read publicly on September 8, 2015. ALTERNATIVES The city council may choose to reject the bid. Additional direction to staff would be necessary in order to restart the bid process. NEXT STEPS 1. Execute contract documents. 2. Issue Notice to Proceed. 3. Complete scheduled construction by December 2015.
3
Originators: Final Review:
Nora Bertram, Engineer II Eric B. Weiss, Senior Engineer Kyla B. Jacobsen, Water Director Gregory J. Rokos, Public Services Director
Debra Nawrocki, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager
ATTACHMENTS A. B.
Letter Recommending Award of Contract ‐ Wills Burke Kelsey Associates Bid Tabulation
4
Bid Tabulation September 8, 2015 County Kane / Cook Local Public Agency City of Elgin Route Oakwood Park Subdivision
Oakwood Park Subdivision Water Main Improvements Elgin, Illinois Engineer's Estimate Item No.
Items
Unit Price
J.Congdon Sewer Service, Inc.
10,580.00
$
75.00
$
6,900.00
$
85.00
$
7,820.00
$
63.00
$
5,796.00
$
98.00
$
9,016.00
$
140.00
$
12,880.00
$
120.00
$
11,040.00
$
85.00
$
7,820.00
$
105.00
$
9,660.00
2
8" Ductile Iron Pipe, Water Main
LF
2,571
$
125.00
$
321,375.00
$
100.00
$
257,100.00
$
90.00
$
231,390.00
$
75.50
$
194,110.50
$
108.00
$
277,668.00
$
150.00
$
385,650.00
$
140.00
$
359,940.00
$
98.00
$
251,958.00
$
110.00
$
282,810.00
3
6" Polyethylene Wrap
LF
92
$
1.00
$
92.00
$
1.00
$
92.00
$
2.00
$
184.00
$
1.00
$
92.00
$
0.50
$
46.00
$
0.50
$
46.00
$
1.00
$
92.00
$
1.00
$
92.00
$
1.00
$
$
$
5,142.00
$
1,285.50
$
1.00
$
$
2,571.00
0.50
$
1,285.50
$
150.00
$
40,050.00
$
50.00
$
13,350.00
$
95.00
$
25,365.00
$
90.00
$
24,030.00
$
87.00
$
23,229.00
$
90.00
$
24,030.00
$
85.00
$
22,695.00
$
15.00
$
4,005.00
$
120.00
$
32,040.00
5
$
2,800.00
$
14,000.00
$
1,500.00
$
7,500.00
$
2,600.00
$
13,000.00
$
2,315.40
$
11,577.00
$
4,100.00
$
20,500.00
$
3,000.00
$
15,000.00
$
2,000.00
$
10,000.00
$
2,400.00
$
12,000.00
$
3,000.00
$
15,000.00
2,500.00
$
12,500.00
$
20,000.00
$
12,500.00
$
9,000.00
$
1,530.00
$
7,650.00
$
1,940.00
$
9,700.00
$
4,000.00
$
1,875.00
$
9,375.00
$
1.00
1,500.00
$
$
2,571.00
7,500.00
$
92.00
1.00
267
1,800.00
$
Total
2,571
$
2,571.00
Unit Price
LF
$
$
Total
LF
9,000.00
1.00
Unit Price
EA
$
$
Total
5' Diameter Valve Vault
1,800.00
$
Unit Price
8" Polyethylene Wrap
$
0.50
Total
16" Steel Casing Pipe, Water Main
5
$
Unit Price
6
EA
2,571.00
Total
4
8" Gate Valve
$
Unit Price
5 7
1.00
Total
A Lamp Concrete Contractors, Inc.
$
$
Unit Price
H. Linden & Sons Sewer & Water, Inc.
115.00
2.00
Total
Gerardi Sewer & Water Co.
$
$
Unit Price
Bolder Contractors, Inc.
92
2,571.00
Total
Martam Construction, Inc.
LF
$
Unit Price
City Construction Company Inc.
Quantity
6" Ductile Iron Pipe, Water Main
1.00
Total
John Neri Construction Co., Inc.
Unit
1
$
2,500.00
2,571.00
8
10”x8” Tapping Sleeve and Valve with 5’ Diameter Valve Vault
EA
1
$
12,000.00
$
12,000.00
$
5,500.00
$
5,500.00
$
6,500.00
$
6,500.00
$
7,900.50
$
7,900.50
$
8,820.00
$
8,820.00
$
8,000.00
$
8,000.00
$
7,500.00
$
7,500.00
$
10,000.00
$
10,000.00
$
7,000.00
$
9
12”x6” Tapping Sleeve and Valve with 5’ Diameter Valve Vault
EA
1
$
12,000.00
$
12,000.00
$
5,000.00
$
5,000.00
$
7,200.00
$
7,200.00
$
5,761.00
$
5,761.00
$
8,610.00
$
8,610.00
$
8,000.00
$
8,000.00
$
7,000.00
$
7,000.00
$
15,000.00
$
15,000.00
$
9,000.00
$
9,000.00
10
12”x8” Tapping Sleeve and Valve with 5’ Diameter Valve Vault
EA
2
$
14,000.00
$
28,000.00
$
6,000.00
$
12,000.00
$
6,750.00
$
13,500.00
$
9,211.50
$
18,423.00
$
9,440.00
$
18,880.00
$
8,000.00
$
16,000.00
$
7,750.00
$
15,500.00
$
15,000.00
$
30,000.00
$
11,000.00
$
22,000.00
$
3,500.00
3,000.00
$
3,440.00
$
3,440.00
$
4,200.00
$
7,000.00
$
7,000.00
$
5,000.00
$
3,000.00
$
$
7,000.00
11
Cut-in Connection, Water Main
EA
1
$
3,500.00
$
3,500.00
3,500.00
$
3,000.00
$
4,200.00
$
5,000.00
$
3,000.00
$
3,000.00
$
3,000.00
12
Ductile Iron Fittings
LBS
8,175
$
5.50
$
44,962.50
$
0.01
$
81.75
$
0.10
$
817.50
$
7.20
$
58,860.00
$
1.00
$
8,175.00
$
0.01
$
81.75
$
1.00
$
8,175.00
$
1.00
$
8,175.00
$
2.00
$
16,350.00
13
Near Side Water Service
EA
10
$
1,600.00
$
16,000.00
$
1,200.00
$
12,000.00
$
1,200.00
$
12,000.00
$
1,756.00
$
17,560.00
$
3,460.00
$
34,600.00
$
1,500.00
$
15,000.00
$
1,300.00
$
13,000.00
$
2,000.00
$
20,000.00
$
2,000.00
$
20,000.00
$
14
Near Side Water Service with 3” D.I.P. Casing Pipe
EA
1
$
2,000.00
$
2,000.00
$
2,000.00
$
2,000.00
$
2,100.00
$
2,100.00
$
2,434.00
$
2,434.00
$
4,960.00
$
4,960.00
$
1,900.00
$
1,900.00
$
2,000.00
2,000.00
$
2,500.00
$
2,500.00
$
5,000.00
15
Far Side Water Service
EA
9
$
2,800.00
$
25,200.00
$
1,500.00
$
13,500.00
$
1,600.00
$
14,400.00
$
2,200.00
$
19,800.00
$
3,460.00
$
31,140.00
$
2,300.00
$
20,700.00
$
1,650.00
$
14,850.00
$
3,500.00
$
31,500.00
$
2,850.00
16
Far Side Water Service with 3” D.I.P. Casing Pipe
EA
18
$
3,200.00
$
57,600.00
$
2,500.00
$
45,000.00
$
2,400.00
$
43,200.00
$
3,112.00
$
56,016.00
$
4,920.00
$
88,560.00
$
3,000.00
$
54,000.00
$
3,000.00
$
54,000.00
$
4,000.00
$
72,000.00
$
5,500.00
17
Domestic Water Service Box Removal
EA
38
$
250.00
$
9,500.00
$
100.00
$
3,800.00
$
50.00
$
1,900.00
$
18.00
$
684.00
$
150.00
$
5,700.00
$
45.00
$
1,710.00
$
50.00
$
1,900.00
$
10.00
$
380.00
$
150.00
LF
18
30.00
$
72.00
$
1.00
$
18.00
$
Fire Hydrant to be Removed
EA
4
$
700.00
$
2,800.00
$
250.00
$
1,000.00
$
800.00
$
3,200.00
$
848.00
$
3,392.00
$
850.00
$
3,400.00
$
500.00
$
2,000.00
$
575.00
$
2,300.00
$
750.00
$
3,000.00
$
150.00
$
600.00
EA
9
$
5,000.00
$
45,000.00
$
6,500.00
$
58,500.00
$
4,800.00
$
43,200.00
$
5,750.00
$
51,750.00
$
4,420.00
$
39,780.00
$
6,000.00
$
54,000.00
$
5,000.00
$
45,000.00
$
5,200.00
$
46,800.00
$
5,250.00
$
47,250.00
Abandon Valve Vault
EA
6
$
400.00
$
2,400.00
$
250.00
$
1,500.00
$
350.00
$
2,100.00
$
1,000.00
$
6,000.00
$
450.00
$
2,700.00
$
600.00
$
3,600.00
$
500.00
$
3,000.00
$
350.00
$
2,100.00
$
500.00
$
3,000.00
$
22
$
25.00
$
$
270.00
$
650.00
$
11,700.00
$
15.00
$
270.00
$
80.00
$
1,440.00
$
4.00
$
Catch Basin to be Removed
EA
1
$
300.00
300.00
$
250.00
250.00
$
350.00
$
350.00
$
800.00
$
800.00
$
250.00
$
250.00
$
600.00
$
600.00
$
225.00
$
23
Catch Basin, Type C, with Type 1 Frame, Open Lid
EA
1
$
1,300.00
$
1,300.00
$
1,500.00
$
1,500.00
$
1,800.00
$
1,800.00
$
1,500.00
$
1,500.00
$
1,650.00
$
1,650.00
$
2,500.00
$
2,500.00
$
1,275.00
$
24
Sanitary Sewer Service Removal and Replacement – PVC C900 Pipe
LF
147
$
50.00
$
7,350.00
$
65.00
$
9,555.00
$
48.00
$
7,056.00
$
38.50
$
5,659.50
$
104.00
$
15,288.00
$
150.00
$
22,050.00
$
50.00
$
7,350.00
$
25
8” Sanitary Sewer Removal and Replacement – Ductile Iron Pipe, Class 52
LF
46
$
70.00
$
3,220.00
$
95.00
$
4,370.00
$
75.00
$
3,450.00
$
209.00
$
9,614.00
$
163.00
$
7,498.00
$
250.00
$
11,500.00
$
300.00
$
13,800.00
$
$ $
26
Sanitary Sewer Point Repair, 6” Ductile Iron Pipe
EA
1
$
8,000.00
$
8,000.00
$
3,500.00
$
3,500.00
$
1,800.00
$
1,800.00
$
4,100.00
27
Sanitary Sewer Point Repair, 8” PVC SDR 26 Pipe
EA
12
$
8,000.00
$
96,000.00
$
4,500.00
$
54,000.00
$
2,500.00
$
30,000.00
$
7,500.00
Sanitary Sewer Point Repair, 10” PCV SDR 26 Pipe
EA
1
$
9,000.00
$
9,000.00
$
5,500.00
$
5,500.00
$
3,200.00
$
3,200.00
$
6,501.00
$
8” CMP Storm Sewer Removal and Replacement
LF
20
$
50.00
$
1,000.00
$
50.00
$
1,000.00
$
48.00
$
960.00
$
65.00
$
LF
10
$
60.00
$
600.00
$
50.00
$
500.00
$
60.00
$
600.00
$
65.00
$
650.00
70.00
$
28 29 30
8” PVC Storm Sewer Removal and Replacement
31
12” PVC Storm Sewer Removal and Replacement
LF
10
$
700.00
$
55.00
$
550.00
$
75.00
$
750.00
$
95.00
$
4,100.00
$
4,160.00
$
4,000.00
$
90,000.00
$
4,160.00
$
4,000.00
6,501.00
$
4,280.00
$
4,280.00
$
4,000.00
$
1,300.00
$
67.00
$
1,340.00
$
200.00
$
$
112.00
$
1,120.00
$
200.00
$
2,000.00
$
950.00
$
188.00
$
4,160.00
$
49,920.00
$
1,880.00
$
210.00
10.00
5,700.00
Fire Hydrant, Complete
540.00
15.00
99,000.00
19
$
$
25,650.00
$
21
Water Main Removal, 4”
450.00
5,000.00
$
20
18
$
$
$ $
180.00
225.00
$
350.00
$
350.00
$
500.00
$
1,275.00
$
2,000.00
$
2,000.00
$
1,500.00
$
1,500.00
75.00
$
11,025.00
$
110.00
$
16,170.00
180.00
$
8,280.00
$
300.00
$
13,800.00
500.00
$
7,500.00
$
4,000.00
$
7,000.00
7,000.00
$
10,000.00
$
10,000.00
$
48,000.00
$
7,250.00
87,000.00
$
10,000.00
$
120,000.00
$
7,000.00
4,000.00
$
7,500.00
$
7,500.00
$
12,000.00
$
12,000.00
$
7,500.00
$
7,500.00
4,000.00
$
60.00
$
1,200.00
$
62.00
$
1,240.00
$
200.00
$
4,000.00
$
72.00
$
720.00
$
95.00
$
950.00
$
200.00
$
2,000.00
$
2,100.00
$
90.00
$
900.00
$
158.00
$
1,580.00
$
300.00
$
7,500.00
$
84,000.00
$
3,000.00
32
18” RCP Storm Sewer Removal and Replacement
LF
16
$
85.00
$
1,360.00
$
55.00
$
880.00
$
90.00
$
1,440.00
$
110.00
$
1,760.00
$
214.00
$
3,424.00
$
210.00
$
3,360.00
$
225.00
$
3,600.00
$
175.00
$
2,800.00
$
400.00
$
6,400.00
33
Exploratory Trench
EA
50
$
350.00
$
17,500.00
$
50.00
$
2,500.00
$
300.00
$
15,000.00
$
120.00
$
6,000.00
$
250.00
$
12,500.00
$
100.00
$
5,000.00
$
100.00
$
5,000.00
$
100.00
$
5,000.00
$
350.00
$
17,500.00
34
Bode Road Driveway Culvert Removal and Replacement
LF
38
$
60.00
2,280.00
$
65.00
2,470.00
$
80.00
$
3,040.00
$
55.00
$
2,090.00
$
87.00
$
3,306.00
$
150.00
$
5,700.00
$
72.00
$
2,736.00
$
75.00
$
2,850.00
$
100.00
$
3,800.00
35
Aggregate Shoulder Removal and Replacement, Type B, 6"
SY
290
$
16.00
$
4,640.00
$
8.00
$
2,320.00
$
10.00
$
2,900.00
$
8.75
$
2,537.50
$
41.00
$
11,890.00
$
14.00
$
4,060.00
$
12.00
$
3,480.00
$
10.00
$
2,900.00
$
40.00
$
11,600.00
36
Class "D" Patches, Special, 2"
SY
1,420
$
28.00
$
39,760.00
$
20.00
$
28,400.00
$
36.00
$
51,120.00
$
38.00
$
53,960.00
$
16.00
$
22,720.00
$
10.00
$
14,200.00
$
40.00
$
56,800.00
$
32.00
$
45,440.00
$
32.25
$
45,795.00
37
Class "D" Patches, Special, 5"
SY
307
$
45.00
$
13,815.00
$
60.00
$
18,420.00
$
76.00
$
23,332.00
$
76.00
$
23,332.00
$
56.00
$
17,192.00
$
25.00
$
7,675.00
$
80.00
$
24,560.00
$
52.00
$
15,964.00
$
65.00
$
19,955.00
38
Combination Curb and Gutter Removal
$
12.00
$
264.00
$
5.00
$
110.00
$
5.00
110.00
$
6.00
$
132.00
$
18.00
$
396.00
$
6.00
$
132.00
$
5.00
$
110.00
$
51.00
$
1,122.00
$
5.00
39
Combination Concrete Curb & Gutter, Type B-6.12
LF
22
$
35.00
$
770.00
$
45.00
$
990.00
$
45.00
$
990.00
$
6.00
$
132.00
$
33.00
$
726.00
$
60.00
$
1,320.00
$
45.00
$
990.00
$
51.00
$
1,122.00
$
35.00
$
770.00
40
Sidewalk Removal
SF
376
$
2.50
$
940.00
$
2.00
$
752.00
$
4.00
$
1,504.00
$
2.50
$
940.00
$
2.00
$
752.00
$
5.00
$
1,880.00
$
1.00
$
376.00
$
2.00
$
752.00
$
4.00
$
1,504.00
41
SF
376
$
10.00
$
3,760.00
$
6.00
$
2,256.00
$
7.00
$
2,632.00
$
8.00
$
3,008.00
$
7.00
$
2,632.00
$
15.00
$
5,640.00
$
10.00
$
3,760.00
$
15.00
$
5,640.00
$
8.00
$
3,008.00
42
PCC Sidewalk, 5" Brick Gutter Removal
43
Paved Ditch, Special
44
Tree Removal
45
22
$
$
$
110.00
LF
235
$
10.00
$
2,350.00
$
5.00
$
1,175.00
$
12.00
$
2,820.00
24.00
$
5,640.00
$
18.00
$
4,230.00
$
10.00
$
2,350.00
$
3.00
$
705.00
$
10.00
$
2,350.00
$
4.00
$
940.00
LF
235
$
50.00
$
11,750.00
$
75.00
$
17,625.00
$
35.00
$
8,225.00
$
50.00
$
11,750.00
$
77.00
$
18,095.00
$
60.00
$
14,100.00
$
44.00
$
10,340.00
$
128.00
$
30,080.00
$
90.00
$
21,150.00
Inch Dia.
42
$
30.00
$
1,260.00
$
25.00
$
1,050.00
$
30.00
$
1,260.00
$
140.00
$
5,880.00
$
46.00
$
1,932.00
$
50.00
$
2,100.00
$
62.00
$
2,604.00
$
48.00
$
2,016.00
$
35.00
$
1,470.00
21
$
120.00
$
525.00
$
100.00
$
1,365.00
$
10,500.00
3,150.00
$
185.00
4,200.00
$
65.00
25.00
$
630.00
$
18.00
$
630.00
$
18.00
630.00
$
20.00
$
700.00
$
12.00
420.00
$
10.00
$
350.00
$
15.00
$
525.00
47
Portland Cement Concrete Driveway Pavement, 6"
SY
10
$
70.00
$
700.00
$
85.00
$
850.00
$
90.00
$
900.00
$
110.00
$
1,100.00
$
67.00
$
670.00
$
110.00
$
1,100.00
$
90.00
$
900.00
$
125.00
$
1,250.00
$
105.00
$
1,050.00
HMA Driveway Pavement
SY
25
$
50.00
$
1,250.00
$
45.00
$
1,125.00
$
75.00
$
1,875.00
$
55.00
$
1,375.00
$
67.00
$
1,675.00
$
75.00
$
1,875.00
$
55.00
$
1,375.00
$
45.00
$
1,125.00
$
50.00
$
1,250.00
$
400.00
$
2,000.00
$
500.00
$
Driveway Pavement Removal
EA SY
35
$
875.00
$
25.00
$
5.00
175.00
$
18.00
$
2,100.00
$
150.00
$ $
3,885.00
$
200.00
$
500.00
$
125.00
$
2,625.00
Neenah R-1712-C Frame with Closed Lid, 390 lbs/Concealed Pick Holes
EA
5
350.00
$
1,750.00
500.00
$
2,500.00
450.00
$
2,250.00
420.00
$
2,100.00
$
460.00
$
2,300.00
$
300.00
$
1,500.00
$
1,375.00
$
2,500.00
SY
6,630
$
12.00
$
79,560.00
$
8.00
$
53,040.00
$
16.00
$
106,080.00
$
17.00
$
112,710.00
$
12.00
$
79,560.00
$
6.00
$
39,780.00
$
10.00
$
66,300.00
$
12.00
79,560.00
$
7.00
$
46,410.00
EA
4
$
800.00
$
3,200.00
$
125.00
$
500.00
$
250.00
$
1,000.00
$
1,500.00
$
6,000.00
$
350.00
$
1,400.00
$
100.00
$
400.00
$
1,000.00
$
4,000.00
$
25.00
$
100.00
$
1.00
$
LF
1,405
$
4.00
$
5,620.00
$
1.00
$
1,405.00
$
4.00
$
5,620.00
$
4.00
$
5,620.00
$
3.00
$
4,215.00
$
1.00
$
1,405.00
$
2.00
$
2,810.00
$
3.00
$
4,215.00
$
3.00
$
4,215.00
LF
68
$
25.00
$
1,700.00
$
5.00
$
340.00
$
45.00
$
3,060.00
$
47.00
$
3,196.00
$
25.00
$
1,700.00
$
35.00
$
2,380.00
$
20.00
$
1,360.00
$
10.00
$
680.00
$
20.00
$
1,360.00
$
200.00
2,000.00
$
10.00
$
250.00
$
$
500.00
$
5,000.00
$
120.00
$
$
500.00
$
5,000.00
$
300.00
$
3,000.00
$
100.00
$
1,000.00
$
50.00
$
500.00
$
200.00
$
6,000.00
$
10.00
$
300.00
$
250.00
$
7,500.00
$
275.00
$
8,250.00
$
150.00
$
4,500.00
$
200.00
$
6,000.00
$
450.00
$
13,500.00
$
100.00
$
3,000.00
$
350.00
$
10,500.00
$
1.00
$
50,000.00
$
1.00
$
50,000.00
$
1.00
$
50,000.00
$
1.00
$
50,000.00
$
1.00
$
50,000.00
$
1.00
$
50,000.00
$
1.00
$
50,000.00
$
1.00
$
50,000.00
$
1.00
$
50,000.00
Dust Control - Watering with Calcium Chloride
Unit
55
Dust Control -Mechanical Sweeping
EA
30
56
Miscellaneous Additions to the Project at the City's Discretion
EA
50,000
57
Construction Staking
10
12,000.00
$
12,000.00
4,500.00
12,500.00
LS
1
$
4,500.00
$
12,500.00
$
7,800.00
$
7,500.00
$
7,000.00
$
Paint Pavement Marking - Line, 4” (Bode Road)
LF
3,880
$
0.50
$
1,940.00
$
1.00
$
3,880.00
$
1.75
$
6,790.00
$
1.25
$
4,850.00
$
0.80
$
3,104.00
$
1.00
$
3,880.00
$
2.00
$
7,760.00
$
2.00
$
7,760.00
$
1.00
$
3,880.00
LS
1
$
150,000.00
$
150,000.00
$
75,000.00
$
75,000.00
$
27,500.00
$
27,500.00
$
18,600.00
$
18,600.00
$
65,000.00
$
65,000.00
$
109,000.00
$
109,000.00
$
175,000.00
$
175,000.00
$
190,000.00
$
190,000.00
$
145,000.00
$
145,000.00
$
817,757.75
$
839,932.50
$
985,964.00
$
1,016,059.50
$
1,056,810.25
$
1,173,706.00
$
1,174,420.00
$
1,192,194.00
Total
$
15,600.00
Total
$
15,600.00
$
7,800.00
Total
$
1,200.00
Traffic Control and Protection
Total
$
2,500.00
58
$ 1,206,204.50
$
100.00
9,000.00
Total
$
9,000.00
$
7,500.00
Total
$
7,000.00
Total
$
30,000.00
Total
$
4.00
59
Total
$
$
275.00
$
Additional Supplemental Watering
54
$
$
Silt Fence Coir Logs
$
$
Sodding and Supplemental Watering
53
$
$
49 51
$
$ $
50 52
$
2,520.00
$
48
46
Tree Trunk Protection
LF
$
30,000.00
3
AGENDA ITEM: MEETING DATE: September 23, 2015 ITEM: Therapy Pool HVAC Equipment Replacement – The Cooperative Purchase Network Bid ($383,050) OBJECTIVE: Replace HVAC equipment that has reached the end of its useful life to maintain city infrastruc‐ ture. RECOMMENDATION: Approve contract with Trane Commercial Systems in the amount of $383,050. The city replaced the heating, ventilation and air conditioning (HVAC) at The Centre of Elgin’s pool last summer following a failure that prompted numerous complaints from patrons. A simi‐ larly ineffective HVAC unit remains in place at The Centre’s therapy pool and whirlpools and is in need of replacement. This bid will replace the ineffective HVAC units serving the therapy pool and whirlpools with similar units to those that are performing exceptionally well in The Centre’s main pool area. This work under bid will also install a new HVAC buildings control system for The Centre. The new control system will be replacing a system that was installed more than twenty years ago and lacks the energy management capabilities that modern system controllers have been utiliz‐ ing for many years now. BACKGROUND The pool environment, with the high moisture and chemicals used to treat the water, is very hard on the equipment within the space. A little over a year ago the city replaced the main pool HVAC unit which greatly improved the air quality within the pool space. The new unit provided a different technology and thought process to dealing with the conditions in the pool space. This unit provides a much greater rate of fresh air to the space while capturing a great deal of the energy from the dirty air that is being exhausted. The result is a system that provides better air quality with a lower energy usage. The design of the system also prevents the contaminated air from coming into contact with the main unit which should greatly extend its useful life by several years.
There is a separate HVAC unit for the therapy pool and also the whirlpools at the Centre. These units are suffering many of the same problems that the main unit suffered with a shortened life due to the high moisture content and chemicals which pass through the unit. This replacement will use a similar design as was used on the main unit. This change should improve the air quali‐ ty within the space while recovering much of the energy from the exhaust air. These changes will allow for a longer equipment life and lower overall maintenance and operating cost. As staff planned for the replacement of these units, the buildings control system was also re‐ viewed. The new equipment will need to be tied into the control system to provide for the proper operation and monitoring of the system. The building control is a computer based oper‐ ating system which is now thirteen years old in the Centre and the main base system was in‐ stalled twenty years ago. Computer technology changes quickly and it is time for the city to start upgrading the building control system to the latest technology. The system update will al‐ low for much better access and communication for the maintenance staff and allow them to find and fix issues quickly and often from a remote location. OPERATIONAL ANALYSIS The current equipment has never provided the best quality of air to the pool spaces within the Centre. With the high humidity and chemicals used within the pool, the equipment has suffered and has required a high level of maintenance to keep it running. With the current equipment not providing the best quality of air and being at the end of its useful life, money was budgeted to replace the equipment in 2015. The building maintenance staff worked with an engineering firm to find solutions to the poor operation of the current equipment. The engineer’s design specified Trane equipment for the project and the city’s current control system in the building is Trane. Since Trane is a The Coop‐ erative Purchasing Network (TCPN) vendor and can deliver a complete turnkey installation, they were asked to provide a proposal directly for this project. The city of Elgin has successfully used the TCPN process on other projects including a very similar project with Trane for the equip‐ ment replacement for the main pool. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS Staff recommends awarding the contract, under the TCPN contract to Trane Commercial Sys‐ tems in the amount of $383,050.
2
BUDGET IMPACT FUND(S)
ACCOUNT(S)
PROJECT #(S)
AMOUNT BUDGETED
AMOUNT AVAILABLE
Riverboat 275‐0000‐791.92‐36 M00056 $383,050 $383,050 LEGAL IMPACT The process for acquiring renovating/remodeling projects utilizes the TCPN joint purchasing agreement which has been used successfully on other projects. This process was publicly bid and is offered to other municipal governments through a joint purchasing agreement. The city’s procurement ordinance expressly authorizes “purchases made pursuant to any joint purchasing program sponsored by the state or other governmental agency or association.” ALTERNATIVES The city council may choose not to award the project to the TCPN contractor, Trane Commer‐ cial Systems and start the process of a traditional bid. NEXT STEPS Once the bid is awarded, issue a purchase order and complete the project. Originator: Final Review:
Rich Hoke, Building Maintenance Superintendent Debra Nawrocki, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager
ATTACHMENTS A.
Proposal
3
The City of Elgin Rec Center 100 Symphony Way Elgin, IL
Pool HVAC Replacement Phase II Turnkey Proposal September 7, 2015
Presented by: Jon Nyhuis Daniel E. Burrows, PE Trane Commercial Systems 7100 South Madison Street Willowbrook, IL 60527-5505
TABLE OF CONTENTS Executive Summary ......................................................................................... ….3 Trane Background .................................................................................................4 Why Trane for a Turnkey Project ..........................................................................6 Detailed Inclusions and Exclusions ………………………………………………….. 7 Terms and Conditions ..................................................................................... …11
Turnkey Proposal for The City of Elgin Rec Center Elgin, IL
Executive Summary We at Trane, are pleased to have the opportunity to submit to The City of Elgin in Elgin, IL this Turnkey program for the selected replacement of RTU equipment and systems serving the Pool at the Facilities listed on the cover sheet. It is The City of Elgin’s desire to have Trane’s Turnkey Design/Build Solutions result in the following improvements to their Pool Facilities: Replacement of the existing RTU’s serving the Spa unit and whirlpool unit The new system shall be 100% outside air and shall control temperature, humidity and pressurization The new system shall recover energy in an efficient, safe, and operational easy methodology Provide a Procurement Method that will streamline the Process and provide for Partnering for these types of Projects Reduce O&M expenditures thru enhanced equipment and system design Tie into the existing Trane Facility Management System Narrative The existing system that services the Spa Area of the pool at the Elgin Rec Center is a Dectron type de-humidification unit. It is sized for for the Spa area and provides only minimal outside air to the space. The unit is approximately 20+ years old and has failed several times in the past and has proven to be an un-reliable unit. The equipment is older and requires replacement. The equipment is constant volume with a fixed outside air CFM. This area is experiencing high amounts of humidity along with humidity migration to the adjacent areas of the Rec Center. The Whirlpool area is served by a AHU that is a recirculated system. This is building up humidity and causing issues within each of their perspective locker rooms. CCE has prepared a scope of work document that utilizes Trane equipment and controls for the retrofit of these areas. This proposal is based upon these plans and specifications and will utilize the TCPN Procurement Methodology. The proposal is a Turnkey Proposal and provides for a complete project from equipment, to controls, to installation including all of the GC items associated with this Program Trane shall Partner with The City of Elgin to expedite this Project by utilizing the TCPN Purchasing Cooperative. This Procurement Methodology will provide the following benefits:
Benefits Energy efficient system with superior IAQ design features New reliable equipment Guaranteed pricing from Coop Purchasing from TCPN Speed to Market thru implementation
Pricing:
$383,050.00 Page 3
Turnkey Proposal for The City of Elgin Rec Center Elgin, IL
TRANE Background
Trane is the world’s leading manufacturer of reliable and efficient air conditioning equipment. We are also the leading single-source provider of equipment, controls, installation, training, and support. Since our incorporation in 1913 in La Crosse, Wisconsin, Trane has been an innovator. For over ninety years, our mission has been to help building owners create safe, comfortable environments. As our customers’ needs have changed over the years, we have changed with them by broadening our services and solutions offerings to meet those needs. Our principal objective is to provide building owners with comprehensive solutions using efficiency, performance, and risk management as our guide. Managing a facility—and the money it takes to run it—is a constant challenge. We help all types of institutions meet that challenge every day. With Trane as your partner, you will receive the results you expect. Our relationship with you does not end once we have installed your equipment. We make a long-term commitment to The City of Elgin, working with you to ensure your system’s ongoing performance. If you’re looking for the best solution to your comfort and facility needs, Trane is the right choice. The following captures further the capabilities and experience of our company;
Dedicated Resources In addition to assigning a local project team, Trane will commit all necessary resources to The City of Elgin includes expertise in installing and maintaining HVAC equipment and controls.
Expertise As an industry leader, Trane has developed a wealth of knowledge and unique insight into finding solutions to building performance issues. Our support team of sales representatives, project managers, energy engineers, and service agents are well recognized and highly trained. The professionals who work with you have a long history of working successfully as a team.
Global company, local presence As a global company with 100 local offices in the United States, we are just a short distance from The City of Elgin. Each local office is equipped to develop comprehensive solutions, provide for installation, and continue our relationship with ongoing service and monitoring. All local offices provide customer training in HVAC applications, building automation system operation, and equipment maintenance. Because we have a global presence, our local offices have access to a depth of resources unparalleled in the industry today. In short, Trane provides customers with the right support, in the right place, at the right time.
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Turnkey Proposal for The City of Elgin Rec Center Elgin, IL
Recognized environmental leadership Trane has received several prestigious industry awards, proving our commitment to the betterment of our environment. The Energy Star Buildings Ally of the Year: The United States Environmental Protection Agency presented this award to Trane for promoting energy-efficient technologies that reduce pollution. Maria Tikoff Vargas, Co-Director of the EPA’s Energy Star Buildings and Green Lights Program, said, "Trane’s partnership with the EPA serves as a remarkable example of environmental leadership." The Green Seal of Honor: Green Seal, a privately funded, non-profit organization, has certified Trane’s Earth•WiseTM CenTraVac® chillers as environmentally responsible. Equipment with the Green Seal must meet the group’s rigorous environmental standards. EPA Climate Protection Award: This award recognized the development and manufacture of the Trane CenTraVac® chiller. This chiller uses an environmentally balanced alternative refrigerant and leads the industry with superior performance. As recognized by the EPA, the performance of this chiller exceeds all other product technologies currently available in the marketplace, typically by five to 20 percent. Wisconsin Governor’s Export Achievement Award: This award recognized Trane’s commitment to increasing its activity in international exports of their products. One of the achievements cited was that nearly 40% of the centrifugal water chillers manufactured domestically are shipped to customers outside the U.S. This was the second award received by Trane for export achievements. Trane, also received the President’s E star Award for excellence in exporting from the U.S. Department of Commerce.
Stability Since 1913, Trane has provided our customers with high-efficiency products and valueadded services. We have a solid financial history with current sales over $6.8 billion annually. In addition, Trane has achieved one of the lowest associate turnover rates in the industry. As a result, our team is consistent and reliable in providing solutions that allow us to meet your immediate and future goals.
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Turnkey Proposal for The City of Elgin Rec Center Elgin, IL
Why Trane for your Turnkey Project: The City of Elgin will be taking full advantage of Trane’s expertise in the HVAC industry with the implementation of a turnkey project. Trane is uniquely qualified to provide the solutions that best fit the needs of your facilities. Trane’s strengths are our people, our knowledge, and our close proximity to your buildings. These strengths are evident in our approach towards turnkey solutions: Focus on Customer Goals- Trane’s projects are always developed with the customer’s goals and needs in mind. Creative Solution- Although most of the measures included in this comprehensive solution project are ‘core competencies’ for Trane, our focus does not end there. Other measures that are important to you, such as lighting improvements, water conservation measures, financial concerns, and other non-HVAC items have been considered. Our creativity, coupled with our vast technical knowledge, will provide the best project possible. Single Source Responsibility- Trane’s people are its best attribute. We provide HVAC equipment, controls, service, contracting, parts, engineering, estimating, project development, project management, training, and measurement and verification (M&V) services. No other energy savings company has the breadth or depth that Trane does. Our people will be deeply entrenched in your project for the length of the contract. Long Term Support- One of our guiding principles is to “passionately serve the customer” from project concept, through construction, and beyond. Trane has been around for a long time and we are not going away. Trane will support you for many years to come with ongoing service, training, and other needs as they arise. Local Presence- The people who have played an active role in developing this project will also play an active role in the fulfillment of your project. All project developers, project managers, engineers, estimators, and technicians are close by to serve your needs over the full term of the project.
Trane is a Good Partner- Trane’s people will be in contact with you during the project and beyond. We will continuously work with you, listen to your concerns, react promptly to your requests for scope modifications, and passionately serve you.
Trane is recognized as a leader in the HVAC industry. No other company in the industry can match Trane’s level of building applications expertise and scope of products and services. Our proven track record of providing successful turnkey projects is why Trane is the best choice for your building needs.
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Turnkey Proposal for The City of Elgin Rec Center Elgin, IL
Detailed Inclusions and Exclusions Turnkey Program: Project Scope Inclusions: The following are included in the installation scope for Elgin Rec Center: Provide for a complete retrofit based upon the following CCE drawings date 7-2-15 o Title Page o M-15014-1.0 o M-15014-1.1 o E-15014-1.0 o Sp-15014-1.0 o SP-15014-1.1 o SP-15014-1.2 Equipment (Qty: 2) Packaged Make Up Air RTUs (MAU-2, MAU-3) o 460-3-60 o Airflow Configuration: Vertical Discharge/Vertical Return o Packaged DX with Modulating Hot Gas Reheat, Digital Scroll Compressor Primary Circuit o Heat Type: Indirect Fired; Natural Gas; 439 Stainless Steel Furnace; (10:1 Turndown NG) o Unit Controls: Trane UC600 - Discharge Air Control w/BACNET w/Display – confirm DAT or Space temp control prior to ordering o Filters: MERV-8 o Electrical Options: Non-Fused Disconnect Switch w/ 115v Outlet o Air Flow Monitoring: IFM Fan Piezo Ring o Accessories: Condenser Hailguard o 1" Vibration Isolation curb, flat uninsulated o Start-up o First year parts and labor warranty o 5-Year Compressor parts only warranty; 25-Year Heat Exchanger parts only warranty o Supply Discharge Air Sensor (FLD) o 2 inch Double Wall Construction o Stainless Steel Drip Pan Modifications to the Existing Trane Tracer Building Automation System o Trane is pleased to provide the following Temperature Control System proposal for your review. This BAS Scope of Work is based on the Mechanical Drawings (Issued for Bid), dated 7/3/2015 prepared by Consolidated Consulting Engineers and the Trane Control Scope below o No Addendums are included Web based Operator Interface (Trane SC) with Custom Graphics All Controls Engineering and Project Management Trane to develop Submittal Control Drawings, 11” x 17” Size All Trane controls and end devices for the equipment included herein All Technicians labor for system programming and checkout Owner Training (8) hour (allowance) Commissioning Assistance (4) hour (allowance) Page 7
Turnkey Proposal for The City of Elgin Rec Center Elgin, IL
Test & Balance Assistance (4) hour (allowance) Note: All Training, Commissioning and T&B Assistance is to be performed weekdays during straight time working hours ONLY One (1) year warranty on all controls material and labor Electrical Installation per local code requirements
Temperature Control Scope of Work includes: Upgrade existing Building Control Unit to Trane Tracer SC with Comm3/4 Bridge Replace existing BCU control board with Comm3/4 bridge board, existing BCU enclosure to remain Install new Tracer SC in enclosure adjacent to the existing BCU panel Tie the new Tracer SC into the existing Tracer ES Server for monitoring and control Provide new 3D floorplan graphics for the Family Rec Center site Provide graphics in both the Tracer ES and Tracer SC web-based interfaces Control for Two (2) new Trane Horizon Rooftop Units to replace the existing Dectron Units Complete Manufacturer Controls. Trane Horizon RTU's will be provided with BACnet Controllers and factory installed TD7 displays Wire new combo space temperature/humidity sensor to new MAU-2 Wire new combo duct temperature/humidity sensor to new MAU-3 Wire factory supplied DAT sensor to each MAU Interlock MAU-2 to the new associated Exhaust Fan, tag: E-2 Interlock MAU-3 to the existing associated Exhaust Fan, tag: E-3 Existing TCM Controllers and Demolition Reuse existing Trane Controls for control of duct heaters DH-3A, DH-3B Replace existing Men’s and Women’s Whirlpool Trane Zone Sensors with new Additional Trane to take ownership of refrigerant and oil and remove from site Provide for new Energy Efficient Trane RTU with the following features: o Curb adaptors that will allow for installation with existing roofing o Single Zone VAV Application which will save energy and perform dehumidification better than standard units o Trane DDC controls and thermostat o Re-connect hot water lines to new units o Re-connect power wiring to new units o Re-use existing smoke detectors and Fire Alarm integration system o Provide for Factory start up New exhaust as noted on design documents: o New power wiring to the new unit o New Trane DDC Controls o New exhaust ductwork extension/connection where necessary
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Turnkey Proposal for The City of Elgin Rec Center Elgin, IL
Installation Items o Demolition and removal of the existing RTU unit and Cond o Curb adapter required for the new RTU unit o New Energy efficient units as described above o New gas piping modifications for both the new RTU’s o All new power wiring as needed per electrical drawing o Start up and commissioning of new systems and controls o Final documentation of new system configuration and operating parameters o Owner training associated with the new systems o Pipe labeling o Pre and Post Testing and balancing of HVAC system o Cranes and Lifts o Project management o Bonding costs o TCPN Fees o One year labor and material warranty on all equipment, controls and installation work o One year inspection Service Agreement during the warranty period
Project Scope Exclusions: Operator Workstation Any work associated with Fire Alarm System including panel, fire/smoke dampers, detectors, interface/wiring, etc. Lighting Controls and Security Control Systems/Interface Documented Point to Point Commissioning Assistance and or Commissioning Assistance Financial Responsibility for Liquidated Damages Premium Time Labor All Life Safety work Ceiling tile removal/replacement, painting, cutting/patching Temporary heat / Temporary facilities MBE/WBE requirements OCIP/Special Insurance requirements Troubleshooting or repair of existing equipment or controls Pricing as quoted is based on the purchase of Trane Equipment. Pricing is subject to change if Mechanical Equipment other than Trane is purchased. Any work not specifically included in the above work scope Permits and fees costs Taxes Asbestos abatement Unforeseen conditions
Pricing: Payment terms:
$383,050.00 AIA billing. See attached terms and conditions Page 9
Turnkey Proposal for The City of Elgin Rec Center Elgin, IL
We hope that you find this proposal complete and look forward to being of service to you on this and many additional projects. If you have any questions, please contact me at phone numbers listed below. Sincerely,
Daniel E. Burrows, PE Strategic Sales Executive Office: (630) 734-6020 Cell: (630) 460-8983 E-mail:
[email protected] Jon Nyhuis Sales Engineer Trane Chicago Commercial Systems and Controls Ingersoll Rand 7100 S Madison St Willowbrook, IL 60527 USA
[email protected] BUYER’S ACCEPTANCE AND AUTHORIZATION
THE ABOVE PRICES, SPECIFICATIONS AND ALL TERMS AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED. WE OFFER TO BUY THE WORK AS SPECIFIED AND AUTHORIZE YOU TO PROCEED. PAYMENT WILL BE MADE AS STATED ABOVE.
BY:_________________________________________ SIGNATURE: _________________________________ TITLE: ______________________________________ DATE ACCEPTED: ___
_
PURCHASE ORDER NO . ________________________
Trane, your Trusted and Innovative Facilities Partner Page 10
Turnkey Proposal for The City of Elgin Rec Center Elgin, IL
TERMS AND CONDITIONS - INSTALLATION “Company” shall mean Trane Canada ULC for Work performed in Canada and Trane U.S. Inc. for Work performed in the United States. 1. Acceptance; Agreement. These terms and conditions are an integral part of Company’s offer and form the basis of any agreement (the “Agreement”) resulting from Company’s proposal (the “Proposal”) for the goods and/or services described (the “Work”). COMPANY’S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent (“Customer”) delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer’s order shall be deemed acceptance of the Proposal subject to Company’s terms and conditions. If Customer’s order is expressly conditioned upon Company’s acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company’s terms and conditions attached or referenced serves as Company’s notice of objection to Customer’s terms and as Company’s counter-offer to provide Work in accordance with the Proposal and the applicable Company terms and conditions in effect at the time of delivery or acceptance of the Work. If Customer does not reject or object in writing to Company within 10 days, Company’s counter-offer will be deemed accepted. Customer’s acceptance of the Work by Company will in any event constitute an acceptance by Customer of Company’s terms and conditions.. In the case of a dispute, the applicable terms and conditions will be those in effect at the time of delivery or acceptance of the Work. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer’s obligation to pay for Work rendered by Company to the date of cancellation. 2. Pricing and Taxes. Unless otherwise noted, the price in the Proposal includes standard ground transportation and, if required by law, all sales, consumer, use and similar taxes legally enacted as of the date hereof for equipment and material installed by Company. Tax exemption is contingent upon Customer furnishing appropriate certificates evidencing Customer’s tax exempt status. Company shall charge Customer additional costs for bonds agreed to be provided. Equipment sold on an uninstalled basis and any taxable labor/labor do not include sales tax and taxes will be added. Following acceptance without addition of any other terms and condition of sale or any other modification by Customer, the prices stated are firm provided that notification of release for immediate production and shipment is received at the factory not later than 3 months from order receipt. If such release is received later than 3 months from order receipt date, prices will be increased a straight 1% (not compounded) for each one-month period (or part thereof) beyond the 3 month firm price period up to the date of receipt of such release. If such release is not received within 6 months after date of order receipt, the prices are subject to renegotiation, or at Company’s option, the order will be cancelled. Any delay in shipment caused by Customer's actions will subject prices to increase equal to the percentage increase in list prices during that period of delay and Company may charge Customer with incurred storage fees. 3. Exclusions from Work. Company’s obligation is limited to the Work as defined and does not include any modifications to the Work site under the Americans With Disabilities Act or any other law or building code(s). In no event shall Company be required to perform work Company reasonably believes is outside of the defined Work without a written change order signed by Customer and Company. 4. Performance. Company shall perform the Work in accordance with industry standards generally applicable in the area under similar circumstances as of the time Company performs the Work Company may refuse to perform any Work where working conditions could endanger property or put at risk the safety of persons. Unless otherwise agreed to by Customer and Company, at Customer’s expense and before the Work begins, Customer will provide any necessary access platforms, catwalks to safely perform the Work in compliance with OSHA or state industrial safety regulations. 5. Payment. Customer shall pay Company’s invoices within net 30 days of invoice date. Company may invoice Customer for all equipment or material furnished, whether delivered to the installation site or to an off-site storage facility and for all Work performed on-site or off-site. No retention shall be withheld from any payments except as expressly agreed in writing by Company, in which case retention shall be reduced per the contract documents and released no later than the date of substantial completion. Under no circumstances shall any retention be withheld for the equipment portion of the order. If payment is not received as required, Company may suspend performance and the time for completion shall be extended for a reasonable period of time not less than the period of suspension. Customer shall be liable to Company for all reasonable shutdown, standby and startup costs as a result of the suspension. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to 1.5% of the principal amount due at the end of each month. Customer shall pay all costs (including attorneys’ fees) incurred by Company in attempting to collect amounts due and otherwise enforcing these terms and conditions. If requested, Company will provide appropriate lien waivers upon receipt of payment. Customer agrees that, unless Customer makes payment in advance, Company will have a purchase money security interest in all equipment from Company to secure payment in full of all amounts due Company and its order for the equipment, together with these terms and conditions, form a security agreement. Customer shall keep the equipment free of all taxes and encumbrances, shall not remove the equipment from its original installation point and shall not assign or transfer any interest in the equipment until all payments due Company have been made. 6. Time for Completion. Except to the extent otherwise expressly agreed in writing signed by an authorized representative of Company, all dates provided by Company or its representatives for commencement, progress or completion are estimates only. While Company shall use commercially reasonable efforts to meet such estimated dates, Company shall not be responsible for any damages for its failure to do so. 7. Access. Company and its subcontractors shall be provided access to the Work site during regular business hours, or such other hours as may be requested by Company and acceptable to the Work site’ owner or tenant for the performance of the Work, including sufficient areas for staging, mobilization, and storage. Company’s access to correct any emergency condition shall not be restricted. 8. Completion. Notwithstanding any other term or condition herein, when Company informs Customer that the Work has been completed, Customer shall inspect the Work in the presence of Company's representative, and Customer shall either (a) accept the Work in its entirety in writing, or (b) accept the Work in part and specifically identify, in writing, any exception items. Customer agrees to re-inspect any and all excepted items as soon as Company informs Customer that all such excepted items have been completed. The initial acceptance inspection shall take place within ten (10) days from the date when Company informs Customer that the Work has been completed. Any subsequent re-inspection of excepted items shall take place within five (5) days from the date when Company informs Customer that the excepted items have been completed. Customer’s failure to cooperate and complete any of said inspections within the required time limits shall constitute complete acceptance of the Work as of ten (10) days from date when Company informs Customer that the Work, or the excepted items, if applicable, has/have been completed. 9. Permits and Governmental Fees. Company shall secure (with Customer’s assistance) and pay for building and other permits and governmental fees, licenses, and inspections necessary for proper performance and completion of the Work which are legally required when bids from Company’s subcontractors are received, negotiations thereon concluded, or the effective date of a relevant Change Order, whichever is later. Customer is responsible for necessary approvals, easements, assessments and charges for construction, use or occupancy of permanent structures or for permanent changes to existing facilities. If the cost of such permits, fees, licenses and inspections are not included in the Proposal, Company will invoice Customer for such costs. 10. Utilities During Construction. Customer shall provide without charge to Company all water, heat, and utilities required for performance of the Work. 11. Concealed or Unknown Conditions. In the performance of the Work, if Company encounters conditions at the Work site that are (i) subsurface or otherwise concealed physical conditions that differ materially from those indicated on drFox Valley PArk Districtngs expressly incorporated herein or (ii) unknown physical conditions of an unusual nature that differ materially from those conditions ordinarily found to exist and generally recognized as inherent in construction activities of the type and character as the Work, Company shall notify Customer of such conditions promptly, prior to
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Turnkey Proposal for The City of Elgin Rec Center Elgin, IL
significantly disturbing same. If such conditions differ materially and cause an increase in Company’s cost of, or time required for, performance of any part of the Work, Company shall be entitled to, and Customer shall consent by Change Order to, an equitable adjustment in the Contract Price, contract time, or both. 12. Pre-Existing Conditions. Company is not liable for any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on, or upon the Work site before the Commencement Date of this Agreement (“Pre-Existing Conditions”), including, without limitation, damages, losses, or expenses involving Pre-Existing Conditions of building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould and/or fungi. Company also is not liable for any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. 13. Asbestos and Hazardous Materials. Company’s Work and other services in connection with this Agreement expressly excludes any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos, polychlorinated biphenyl (“PCB”), or other hazardous materials (hereinafter, collectively, “Hazardous Materials”). Customer warrants and represents that, except as set forth in a writing signed by Company, there are no Hazardous Materials on the Work site that will in any way affect Company’s Work and Customer has disclosed to Company the existence and location of any Hazardous Materials in all areas within which Company will be performing the Work. Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and shall notify Customer. Customer will be exclusively responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for and shall indemnify and hold harmless Company (including its employees, agents and subcontractors) from and against any loss, claim, liability, fees, penalties, injury (including death) or liability of any nature, and the payment thereof arising out of or relating to any Hazardous Materials on or about the Work site, not brought onto the Work site by Company. Company shall be required to resume performance of the Work in the affected area only in the absence of Hazardous Materials or when the affected area has been rendered harmless. In no event shall Company be obligated to transport or handle Hazardous Materials, provide any notices to any governmental agency, or examine the Work site for the presence of Hazardous Materials. 14. Force Majeure. Company’s duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company’s election (i) remain in effect but Company’s obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days notice to Customer, in which event Customer shall pay Company for all parts of the Work furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, “Event of Force Majeure” includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor/labor disputes; labor/labor or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non-action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 15. Customer’s Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement or suspend performance by delivery of written notice declaring termination, upon which event Customer shall be liable to Company for all Work furnished to date and all damages sustained by Company (including lost profit and overhead): (1) Any failure by Customer to pay amounts when due; or (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. 16. Indemnity. Company and Customer shall indemnify, defend and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or tangible personal property, to the extent caused by the negligence or misconduct of their respective employees or other authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses or liabilities to the extent attributable to the acts or omissions of the other party. If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination. 17. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION BUSINESS INTERRUPTION, LOST DATA, LOST REVENUE, LOST PROFITS, LOST DOLLAR SAVINGS, OR LOST ENERGY USE SAVINGS, EVEN IF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS FRAMED IN CONTRACT, NEGLIGENCE, ANY OTHER TORT, WARRANTY, STRICT LIABILITY, OR PRODUCT LIABILITY). In no event will Company’s liability in connection with the provision of products or services or otherwise under this Agreement exceed the entire amount paid to Company by Customer under this Agreement. 18. Patent Indemnity. Company shall protect and indemnify Customer from and against all claims, damages, judgments and loss arising from infringement or alleged infringement of any United States patent by any of the goods manufactured by Company and delivered hereunder, provided that in the event of suit or threat of suit for patent infringement, Company shall promptly be notified and given full opportunity to negotiate a settlement. Company does not warrant against infringement by reason of Customer's design of the articles or the use thereof in combination with other materials or in the operation of any process. In the event of litigation, Customer agrees to reasonably cooperate with Company. In connection with any proceeding under the provisions of this Section, all parties concerned shall be entitled to be represented by counsel at their own expense. 18. Limited Warranty. Company warrants for a period of 12 months from the date of substantial completion (“Warranty Period”) equipment manufactured by Company against failure due to defects in material and manufacture and that the labor/labour furnished is warranted to have been properly performed (the "Warranty"). Product manufactured by Company that includes required startup and is sold in North America will not be warranted by Company unless Company performs the product start-up. Substantial completion shall be the earlier of the date that the Work is sufficiently complete so that the Work can be utilized for its intended use or the date that Customer receives beneficial use of the Work. If such defect is discovered within the Warranty period, Company will correct the defect or furnish replacement equipment (or, at its option, parts therefor) and, if said equipment was installed pursuant hereto, labor associated with the replacement of parts or equipment not conforming to this Warranty. Defects must be reported to Company within the Warranty period. Exclusions from this Warranty include damage or failure arising from: wear and tear; corrosion, erosion, deterioration; Customer's failure to follow the Company-provided maintenance plan; modifications made by others to Company's equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Additional terms and conditions of warranty coverage are applicable for refrigeration equipment. Some components of Company equipment may be warranted directly from the component supplier, in which event this Company Warranty shall not apply to those components but shall be pursuant to the warranty given by such component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. No warranty liability whatsoever shall attach to Company until the Work has been paid for in full and then said liability shall be limited to the lesser of Company’s cost to
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Turnkey Proposal for The City of Elgin Rec Center Elgin, IL
correct the defective Work and/or the purchase price of the equipment shown to be defective. Equipment, material and/or parts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. Trane equipment sold on an uninstalled basis is warranted in accordance with Trane’s standard warranty for supplied equipment. THE WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. UNLESS EXPRESSLY WARRANTED IN WRITING FOR CERTAIN HUSSMANN BRANDED EQUIPMENT, COMPANY MAKES NO REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED REGARDING PREVENTION BY THE WORK, OR ANY COMPONENT THEREOF, OF MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY IF THE WORK OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. 19. Insurance. Company agrees to maintain the following insurance while the Work is being performed with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company’s insurance policy, Company will do so but only subject to Company’s manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company waive its right of subrogation. 20. Commencement of Statutory Limitation Period. Except as to warranty claims, as may be applicable, any applicable statutes of limitation for acts or failures to act shall commence to run, and any alleged cause of action stemming therefrom shall be deemed to have accrued, in any and all events not later than the last date that Trane or its subcontractors physically performed work on the project site. 21. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which the Work is performed. Any dispute arising under or relating to this Agreement that is not disposed of by agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Work is performed. To the extent the Work site is owned and/or operated by any agency of the Federal Government, determination of any substantive issue of law shall be according to the Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. This Agreement may not be amended, modified or terminated except by a writing signed by the parties hereto. No documents shall be incorporated herein by reference except to the extent Company is a signatory thereon. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title or interest herein, without the written consent of the Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of Customer’s permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. 22. Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 23. U.S. Government Work. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to “commercial” suppliers and that are contained in FAR 52.212-5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the Work is in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to Customer’s ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the work that is the subject of the Proposal or this Agreement, other than the Proposal or this Agreement. NOTICE: Company is restricted from receiving funds appropriated or otherwise made available under U.S Public Laws 110-161, 111-8, and 111-117. 1-26.251-10(1011A) Supersedes 1-26.251-10(1011)
Page 13
Resolution No. 15-126 RESOLUTION AUTHORIZING EXECUTION OF RESTAURANT LEASE AND SERVICES AGREEMENT WITH PORTER’S PUB PAYROLL PPP, LLC FOR RESTAURANT AND RELATED SERVICES OPERATIONS AT BOWES CREEK COUNTRY CLUB BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Restaurant Lease and Services Agreement on behalf of the City of Elgin with Porter’s Pub Payroll PPP, LLC for restaurant and related services operations at the Bowes Creek Country Club, a copy of which is attached hereto and made a part hereof by reference. ____________________________________ David J. Kaptain, Mayor Presented: September 23, 2015 Adopted: Vote: Yeas Nays: Recorded: Attest: ____________________________ Kimberly A. Dewis, City Clerk
RESTAURANT LEASE AND SERVICES AGREEMENT THIS LEASE AND SERVICES AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this
day of
, 2015, by and between the City of
Elgin, an Illinois municipal corporation (hereinafter referred to as the "Lessor"), and Porter's Pub Payroll PPP, LLC, an Illinois limited liability corporation (hereinafter referred to as "Lessee"), and constitutes a lease between the parties of the Premises as identified in the Basic Lease Provisions below, on the terms and conditions and with and subject to the covenants and agreements of the parties hereinafter set forth. WITNESSETH:
WHEREAS, Lessor owns and operates a golf course and clubhouse associated therewith, commonly known as Bowes Creek Country Club (hereinafter referred to as the "Bowes Creek"); and,
WHEREAS, Lessee operates and has provided restaurant consultant services to multiple restaurant facilities, which provide dining, catering and other bar services for its customers; and, WHEREAS, Lessor desires that Lessee develop, operate and provide certain restaurant, banquet service, full-service bar, concession and on-course beverage service at Bowes Creek, in accordance with the terms and conditions of this Agreement; and, WHEREAS, Lessee has provided such services for the Lessor at Bowes Creek since April of 2011, pursuant to a Restaurant Management Services Agreement, said agreement terminating at the end of the 2012 Operating Year, December 31, 2012, and pursuant to a Restaurant Lease and
Services Agreement dated January 11, 2012, said agreement terminating at the end of the 2015 Operating Year, December 31, 2015; and, WHEREAS, the parties desire that the Lessee continue with the operation of the restaurant
and related services in accordance with the terms and conditions of this Agreement; and, WHEREAS, Lessee desires and is ready, willing and able to provide such services upon the terms and conditions contained herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows:
1. Basic Lease Provisions.
The following are certain lease provisions which are part of, and, in certain instances, referred to, in subsequent provisions of this Agreement: Lessor's Name and Address:
City of Elgin, 150 Dexter Court, Elgin, IL 60120-5555.
Lessee's Name and Address:
Porter's Pub Payroll PPP, LLC, 2001 Butterfield Road, Downers Grove, IL 60515
Premises:
Certain premises located at Bowes Creek Country Club, 1250 Bowes Creek Boulevard, Elgin, Kane County, Illinois 60124, and consisting
of approximately
7500
square
feet within
the
clubhouse, as more particularly identified on Exhibit A, attached hereto and incorporated herein by this reference (hereinafter referred to as the "Premises"). 2. Grant.
2.1
Grant. Lessor hereby grants to Lessee, and Lessee takes from Lessor, the Premises in
consideration for the covenants to be performed by Lessee. 2.2
Possession.
Lessor and Lessee hereby agree that Lessee having previously taken
possession of the Premises shall be deemed conclusive evidence of Lessee's acceptance of the Premises in satisfactory condition and in full compliance with all covenants and obligations of Lessor in connection therewith. Lessee agrees that it has accepted possession of the Premises in a "where-is," "as-is" condition and that Lessor has made no representations or inducements respecting the condition of the Premises to Lessee, and that Lessor has made no warranty, express or implied,
with regard to suitability for a particular purpose of the Premises, nor any fixture nor equipment subject to this Agreement.
Lessor expressly disclaims any warranty regarding the presence or
absence of any environmental hazard on, upon, beneath or within the Premises to include the presence of asbestos or other material. 3. Rent.
3.1
Rent.
For all of the Premises during the entire term of this Agreement, Lessee
covenants and agrees to pay Lessor, in lawful money of the United States, without any prior demand
and free from all claims, demands, set-offs or counterclaims of any kind, the following amounts in Rent:
Retention of Lessee's Services as Annual Base Rent. As Annual Base Rent for all of the Premises during the entire term of this Agreement, Lessee covenants and agrees to provide the following services to the City: develop, operate, manage and provide certain restaurant,
banquet service, full-service bar, concession and on-course beverage services at the Premises (such services are hereinafter referred to as the "Food and Beverage Operations") for the purposes and on the terms and conditions set forth in this Agreement, provided that Lessee shall have no right or authority, express or implied, to commit or otherwise obligate City in any manner whatsoever except to the extent specifically provided for in this Agreement.
Percentage Rent,
hi addition to the Annual Base Rent, Lessee shall pay to Lessor as
additional compensation five percent (5%) on only those amounts of Gross Revenues that exceed One Million One Hundred Thousand Dollars ($1,100,000) in any Operating Year.
Payment of any additional compensation due as Percentage Rent under this Agreement shall
be made within sixty (60) days at the end of the Operating Year for which it is due. The additional compensation amount shall be automatically increased by five percent (5%) if
received by the Lessor after the 5th day from the date which it is due. 3.2
Gross Revenues. Any Gross Revenues generated, earned, or received from the Food
and Beverage Operations shall be retained by the Lessee. For the purposes of this Agreement, the term "Gross Revenues" shall mean all revenues, from whatever source, received by the Lessee from
or in respect of the operation of the Food and Beverage Operations, and from any income generating
activity associated with the Food and Beverage Operations. Without limiting the foregoing, "Gross Revenues" shall mean all monies or other consideration paid or payable to Lessee, its officers, employees and agents from all business conducted upon or from the Premises by Lessee and all others, and whether such sales be evidenced by cash, check, credit charge account, exchange or otherwise, and shall include, but not be limited to, the amount received from the sale of goods, wares
and merchandise and for services performed on or at or originated from the Premises, together with the amount of all orders taken, received or originated at the Premises or sales completed by delivery at the Premises, whether such orders be filled from the Premises or elsewhere. Each charge or sale
upon installment or credit shall be treated as a sale for the full price in the month during which such charge or sale shall be made, irrespective of the time when Lessee shall receive payment (whether full or partial) thereof. No deductions of any kind shall be made from Gross Revenues, including but not limited to any uncollected or uncollectible installment or credit accounts, credit card discounts or thefts. Any provisions of this Agreement to the contrary notwithstanding, Gross Revenues includes only those revenues generated from or in respect to the Food and Beverage Operations, and does not
include any other revenues generated with respect to Bowes Creek Country Club, including, but not limited to, the operations of the Bowes Creek golf course and pro shop. 3.3
Expenses. Unless another provision of this Agreement expressly provides that the
Lessor is responsible for an expense under this Agreement, Lessee shall be solely responsible for, and shall pay when due, all expenses incurred by Lessee and its officers, employees and agents, in connection with the Food and Beverage Operations or in any way related to this Agreement. 3.4
Operating Year. For the purposes of this Agreement, an "Operating Year" shall run
from January 1 of a calendar year to December 31 of the same calendar year, inclusive. 4. Security Deposit.
4.1
Security Deposit. No security deposit shall be required.
5. Term.
5.1
Effective Date. This Agreement shall be effective and binding as of the date first set
forth above (the "Effective Date").
5.2
Term. The Term of this Agreement shall commence on January 1, 2016, and shall
continue in full force and effect until December 31,2019, unless terminated prior thereto as provided in this Agreement.
5.3
Subsequent Term. This Agreement shall automatically renew for a subsequent term
commencing on January 1, 2020, and continuing until December 31, 2023, unless either party
notifies the other party in writing of its intention not to enter into such subsequent term not less than one hundred and eighty (180) days before December 31, 2019.
Either party may terminate this
Agreement as provided in this Agreement. 6. Accounting and Right to Inspect Records.
6.1
Monthly Reports. Beginning on the second month of the Term of this Agreement,
and continuing until and including the month immediately following the termination or expiration of this Agreement, on or before the twentieth (20th) calendar day of each calendar month, without prior demand, Lessee shall submit to Lessor reports setting forth the amount of Lessee's Gross Revenues for the preceding calendar month. Such reports shall, at a minimum, reflect total Gross Revenues, Gross Revenues by Lessee's operation within the Premises, and Gross Revenues by category (e.g., food, alcoholic beverages, etc.). Such reports shall be in a form acceptable to Lessor, and shall be accompanied by a statement of Lessee that, to the best of its knowledge, the information contained in the report is true, accurate and complete. 6.2
Records.
Lessee shall keep full and accurate books and pertinent original and
duplicate records showing all of Lessee's revenues and expenses from the Food and Beverage Operations. Such records shall be kept in a form consistent with good accounting practices for at least a three (3) year period after the expiration or earlier termination of this Agreement. Lessee shall make available such books and records at Bowes Creek within thirty (30) days of any request by
Lessor. Lessor shall have the right itself or through its representatives at all reasonable times to audit and otherwise examine and inspect such books and records, including sales tax returns for the State of Illinois. Pertinent original records shall include, but not be limited to, the following: (a) point of
sale systems records; (b) cash register tapes, including tapes from temporary registers; (c) serially numbered sales slips; (d) such other sales records that would normally be examined by an independent accountant pursuant to accepted accounting standards in performing an audit of Lessee's
profits or Gross Revenues; (e) employee time records; (f) records of payments made pursuant to this Agreement.
6.3
Annual Report. Lessee shall also furnish a written report to Lessor listing Lessee's
profit and loss statement from the Food and Beverage Operations, including all of the Gross
Revenues, Cost of Goods Sold, Labor Expenses, and Operating Expenses, during the preceding Operating Year. An officer of Lessee who holds at a minimum the title of Vice-President shall certify Lessee's report, and the report shall further be certified by an independent certified public accountant.
Such report shall be completed within sixty (60) calendar days after the end of the
Operating Year.
6.4
Lessee shall, within thirty (30) days of preparation thereof, provide Lessor with any
copies of any financial statements, quarterly or annual shareholder reports, internal or external audit reports or any other publications of Lessee relating to Lessee's operation of the Premises. 7. Conduct of Business and Use of Leased Premises by Lessee.
7.1
Use and Occupancy.
Lessee shall have the right, privilege and obligation to
continuously and uninterruptedly use and occupy the Premises in accordance with the provisions of this Agreement, solely for the purposes of developing and providing restaurant, banquet service, fullservice bar, concession and on-course beverage service through Porter's Pub at Bowes Creek Country Club, and for no other purposes whatsoever.
7.2
Use of Porter's Pub Name; Reliance on Lessee. Lessee's business in the Premises
shall be conducted under the common name of Porter's Pub. Lessee shall not use or permit the
Premises to be used under any other trade name without Lessor's written consent.
Lessee
acknowledges and hereby agrees that the identity, skill, experience and reputation of Lessee, the specific character of Lessee's business, the anticipated use of the Premises, and the relationship between such use and other uses within Bowes Creek Country Club were all relied upon by Lessor
and served as significant and material inducements contributing to Lessor's decision to enter into this Agreement with Lessee.
Any change in the character of Lessee's business, trade name or use
without Lessor's written consent shall constitute a material breach under this Agreement. 7.3
Menus. Lessee shall provide all menus. The menu shall be mutually agreed upon by
Lessee and Lessor's Director of Golf Operations. Menus shall be of excellent quality and sufficient in number to meet peak period demands.
Changes to the menus or to pricing shall be mutually
agreed upon by Lessee and Lessor's Director of Golf Operations. Sampling shall be required for all new menu items and approved by Lessor's Director of Golf Operations.
In the event Lessor's
Director of Golf Operations, in his or her sole opinion, determines that any item or service displayed, offered for sale or sold by Lessee is objectionable, Lessee shall, upon written notice from Lessor's Director of Golf Operations, immediately remove such item or service from display and from its inventory and Lessee agrees that it shall not thereafter display, offer for sale, or sell such item or service. 7.4
Advertising. Lessee shall not offer for sale or advertise any item, product, service or
thing which is not available within the Premises. This paragraph is not intended to limit or disallow Lessee from advertising Lessee's products or services available at Bowes Creek Country Club, as
provided herein. 7.5
Ingress and Egress. Lessee or Lessee's agents shall have the non-exclusive right of
ingress and egress from the Premises at all reasonable times. 7.6
Access. Lessee shall have access to all Bowes Creek's refrigerators, freezers, ovens,
coolers and employee spaces as may be deemed necessary by Lessor's Director of Golf Operations. Lessee shall hold Lessor harmless from and against any suits, causes of action, claims for damages, or other liability arising out of or in connection with any injury to any person or property as a result of Lessee's use of such refrigerators, freezers, coolers, ovens and employee spaces. All such fixtures
and equipment shall remain the property of the Lessor, and shall not be removed from, and shall remain with, the Premises following the expiration or termination of this Agreement.
7.7
Staff and Supplies. Lessee shall supply, at its own expense, all staff and operational
supplies necessary to manage and operate Porter's Pub as a full-service bar, restaurant, banquet facility, concession operations and on-course beverage service established within the Bowes Creek Country Club property. Lessor has previously supplied a beginning inventory of tables, equipment,
silverware, flatware, glassware, cookware and utensils. Additionally, Lessor has previously provided a beginning inventory level of food and liquor prior to the previous Restaurant Management Services
Agreement and Restaurant Lease and Services Agreement. The inventory shall be maintained by Lessee, replacing any items that are damaged or lost.
All such inventory, whether originally
provided or replaced by Lessee, shall remain the property of the Lessor, and shall not be removed from, and shall remain with, the Premises following the expiration or termination of this Agreement. Lessee shall provide additional servers, linens, plates, centerpieces and other accoutrements as may be reasonably required from time-to-time. Such additional servers and materials shall be included in any "per plate" price.
7.8
All labor, food, food-related costs, miscellaneous food and beverage operating
expenses, equipment replacement, linen service, grease removal service, staff uniforms, office expenditures and marketing costs shall be at Lessee's sole cost and expense. All utilities, electricity service, natural gas service, water and sewer service, telephone service, trash removal service, and general building and facility maintenance shall be at Lessor's sole cost and expense.
General
maintenance does not include the cleaning of the areas of the Premises occupied by the Food and Beverage Operations to comply with local health codes.
7.9
Hours of Service.
Lessor has established minimum hours of service for each
operational area, based upon business volume and customer service needs.
Lessee shall be
continuously and uninterruptedly open for business and provide all services and sales activities as required by the Agreement at such minimum hours unless prior arrangements are made with and approved in writing by Lessor's Director of Golf Operations or his appointed designee.
The
minimum hours of operation shall be as follows: Prime Season. The Clubhouse shall be open from April 1 to September 30 with seven (7)
days per week operation and full food and beverage service. The Restaurant shall be open from 11:00 a.m. through 9:00 p.m. for lunch and dinner service. The Turn Stand shall be open from 7:00 a.m. through 6:00 p.m. Beverage cart service will be required from May 15 through September 15, and will be provided for such hours as determined by the Lessor's Director of Golf Operations.
Shoulder Season. The Clubhouse will have reduced hours of operation in the months of March and October, with seven (7) days per week operation as the facility gears up or slows
down, respectively. The Restaurant shall be open from 11:00 a.m. through 3:00 p.m. for lunch on Monday through Thursday. The Restaurant shall be open from 11:00 a.m. through
9:00 p.m. for lunch and dinner service on Friday and Saturday. The Turn Stand shall be
closed. Beverage cart service will be required as agreed upon by Lessor's Director of Golf Operations and Lessee. Modifications to this schedule will be made for banquets only. Off Season. The Clubhouse will have limited hours of operation from November 1 through February 28, with reduced service days. The Restaurant shall be closed Saturday through
Monday, and shall be open from 11:00 a.m. through 3:00 p.m. for lunch on Tuesday through Friday. The Turn Stand shall be closed. Hours of operation of the bar may extend until 2:00 a.m., as per local municipal codes and Lessee's liquor license. 7.10
Lessee shall be required, in each of the individual locations which comprise the
Premises, to prominently post in an area visible to employees and the public the most current copy of Lessee's hours of operation. 8. Operational Standards.
8.1
Adherence to Standards. Lessee, its employees, agents, and servants shall at all times
observe, obey and adhere to all the standards, rules, regulations and procedures that may from time to
time be promulgated by Lessor. Lessee shall also submit to Lessor a copy of any customer service, operations or organizational standards, rules, regulations and procedures that may from time to time be promulgated by Lessee, and shall ensure continuous adherence to Lessee's own standards in
addition to Lessor's standards as set forth herein. Further, Lessee, its employees, agents and servants shall comply with all with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees.
Without limiting the foregoing, Lessee hereby
certifies, represents and warrants to the Lessor that all Lessee's employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legal residents of the United States. Lessee shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. Lessor shall have the right to
audit any records in the possession or control of Lessee to determine Lessee's compliance with the provisions of this paragraph. In the event Lessor proceeds with such an audit, Lessee shall make
available to Lessor the Lessee's relevant records at no cost to Lessor. Lessor's Director of Golf Operations, in his or her sole opinion, shall have the right to determine Lessee's compliance with all
operational standards, rules, regulations or procedures. 8.2
Care of Premises.
Lessee shall keep the Premises (including the service areas
adjacent to the Premises, windows, and signs) orderly, neat, safe, and clean. The kitchen, bar and all food-related facilities shall be cleaned and disinfected by Lessee's staff at such levels as required by applicable codes and as deemed necessary by Lessor's Director of Golf Services.
Lessor shall
provide basic janitorial services to the common areas of the Premises. 8.3
Testing and Inspection by Lessor.
Lessee hereby acknowledges and agrees that
Lessor may monitor, test or inspect Lessee's services at any time through the use of its own direct
review and/or the use of third parties and/or by other reasonable means that do not unduly interfere with Lessee's business. 8.4
Lessee Conduct of Business. Lessee shall operate its business in the Premises so as to
maximize the gross sales produced by such operations and shall maintain an adequate staff of employees and maintain in the Premises at all times a stock of merchandise as is reasonably designed to produce a maximum return.
8.5
Entertainment Systems. No radio, television, antenna, aerial or other similar device
shall be installed without first obtaining in each instance Lessor's Director of Golf Operations' written consent. Any radio, television, antenna, aerial or other similar device, so installed without such prior written consent shall be subject to removal and/or forfeiture without notice at any time. The cost of said removal shall be borne by Lessee. No loudspeakers, televisions, phonographs, radios, or other devices shall be used in a manner so as to be heard or seen outside the Premises without the prior written consent of Lessor's Director of Golf Operations. 8.6
Delivery.
All loading and unloading of goods, the delivery or shipping of
merchandise, supplies, and fixtures to and from the Premises shall be done only at such time, in the areas, and through the routes designated for such purposes by Lessor. Lessee shall be required to make significant efforts to avoid using the public areas for large quantity deliveries during peak periods. Lessee shall ensure that any items being transported within Bowes Creek are handled with care in a manner that ensures that items are safely packaged within appropriate containers. 8.7
Plumbing Facilities. The plumbing facilities in the Premises shall not be used for any
purpose other than that which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision, wherever such occurs, shall be borne by Lessee.
8.8
Method of Payment. Lessee shall accept and honor U.S. currency, maj or companies'
travelers-type checks and at least the following three major credit cards: American Express, Visa and MasterCard for any purchase. 8.9
Point of Sale Devices. Lessee shall install and use, or cause to be installed and used
at the Premises, cash registers, sales slips, invoicing machines and other automatic accounting equipment or devices required to properly and accurately record the Gross Revenues on all sales, by
type and location, services, and other business transactions made by Lessee under this Agreement all of which are in conformance of Bowes Creek Country Club specifications.
Lessee shall be
responsible for providing annual service to the Point of Sale System and maintaining the same in
good working order. All transactions recorded on these devices shall be visibly displayed so that the amount recorded can be viewed by customers from a reasonable distance. All persons handling sales shall promptly recover said sales (cash or credit) in cash registers and other electronic or mechanical
devices and shall not delay or "gang" register or record such sales. 8.10
Level of Service.
Lessee shall conduct its operations in a first-class manner in
accordance with the highest standards. Lessee shall conduct its operation to provide prompt and 8
timely service. Lessee shall maintain its Premises and conduct its operations at all times in a safe, clean, orderly and inviting condition, to the satisfaction of Lessor's Director of Golf Operations. Lessee shall not create any nuisance, annoy, or be offensive or disturbing to others. 8.11
Management. All Lessee's operations shall be supervised at all times by an active,
qualified, competent manager or a qualified assistant manager in the manager's absence.
The
manager or qualified assistant manager shall be available at the Premises during Lessee's hours of operation. Said manager shall have full authority to make day-to-day business decisions on behalf of Lessee with respect to the Premises and shall be responsible for ordering and receiving merchandise, maintaining merchandise and supplies, and supervising sales personnel and other personnel employed in the business of Lessee, represent Lessee in dealings with Lessor, and coordinate all concession activities with Lessor. Lessee shall also designate such manager or qualified assistant
manager to attend a weekly golf managers' meeting.
Lessee and such persons employed or
designated by Lessee to manage or supervise the Food and Beverage Operations shall report directly to the Lessor's Director of Golf Operations. 8.12
Staffing Levels. Lessee shall recruit, train, supervise, direct and deploy the number of
representatives, agents and employees, collectively referred to as "personnel," necessary to promptly provide services to all customers and to meet all of the requirements of this Agreement. Lessee shall
be continuously responsible for actively managing personnel levels to ensure that changes in passenger activity, due to schedule changes, load factor changes or flight delays are adequately
accommodated through increased levels of personnel. Upon Lessor's Director of Golf Operations' or his or her designee's reasonable request, Lessee shall remove any employee, agents, partner or assign from the building and not allow that person to again serve without the written approval of Lessor's Director of Golf Operations or his or her designee.
8.13
Personnel.
Lessee shall ensure that all personnel utilized in its Premises shall
conform to the following:
a.
All personnel employed by Lessee shall be neat, clean and courteous at all times. Lessee shall provide and maintain uniforms for all employees.
b.
Lessee shall insure that employees working at Bowes Creek Country Club report to work and remain drug-free during all work hours.
c.
All Lessee employees shall be subject to criminal background checks performed Illinois State Police at Lessee's cost and effort. Lessee's hiring of any employee or
prospective employee having a criminal record shall be subject to the sole discretion of Lessor's Director of Golf Operations.
d.
No loud, boisterous or otherwise improper actions or language shall be permitted while on or about Bowes Creek Country Club.
e.
All personnel shall be attentive to customer needs, display a positive attitude and refrain from discussing personal issues/problems within the sales areas of the
Premises. f.
All personnel shall know and utilize practices of good customer service, such as the following: (1) assisting customers with purchase decisions; (2) identify product alternatives; (3) possess and display good product knowledge; and (4) utilize appropriate suggestive selling.
g.
All personnel shall provide warm, friendly, smiling, prompt and courteous service.
h.
All necessary personnel shall be proficient with and trained in the required operations of all equipment and devices used in the Premises to facilitate sales (i.e. point of sale devices, credit card transaction equipment, etc.).
i.
All personnel shall be familiar will all applicable polices of this Agreement, Bowes Creek and Lessee.
j.
All personnel engaged in sales activities shall speak and comprehend English at a level appropriate to their duties.
8.14
Customer Complaints.
Lessee shall be required to respond to any complaints in
writing within ten (10) days of receipt, with a good faith effort to explain, resolve or rectify the corresponding problem. Lessee shall provide Lessor with a copy of any complaint received the same
day it is received by Lessee and shall provide Lessor with a copy of the written response the same day it is sent.
Complaints received by Lessor shall be forwarded to Lessee, who shall respond
utilizing the above procedure.
8.15
Pricing. Lessee acknowledges by its entering into this Agreement, Lessor's desire and
obligation to provide the public with a mix of high-quality products and a high-level of public service at prices comparable to off-site locations from Bowes Creek Country Club. The increase of any items' or services' price by Lessee without the prior written consent of Lessor shall be deemed a material breach of this Agreement.
8.16
Product. All items sold or offered at the Premises shall be first quality and conform to
all applicable regulations. Lessee shall at all times maintain the degree of quality and quantity for all items offered for sale comparable to items offered for sale at similar restaurants in the area commonly referred to as the "Fox Valley." The quality, quantity and specifications of all items shall at all times be subject to the review and approval of Lessor's Director of Golf Operations. Lessee
shall restore products and/or specifications to Lessor's Director of Golf Operations' reasonable satisfaction within ten (10) days of such notice.
8.17
Interference with Systems.
Lessee shall not do, or permit, anything which may
interfere with the effectiveness of utility, heating, ventilating or air-conditioning systems or portions thereof on or adjoining the facilities (including lines, pipes, wires, conduits and equipment connected with or appurtenant thereto) or overload any floor in the Premises.
10
8.18
Unauthorized Locks. Lessee shall not place, or suffer to be placed, any additional
lock of any kind upon any window or interior or exterior door in the Premises, or make any change in any existing door or window lock or the mechanism thereof. Lessee shall pay Lessor, on demand, the cost for replacement thereof, and the cost of re-keying any such locks.
8.19
Loitering. Lessee shall not permit undue loitering on or about the Premises.
9. Alterations; Lessee and Lessor Alterations. 9.1
Lessee may make repairs and improvements to the Premises only with prior written
approval of Lessor, subject to Bowes Creek Country Club' standards and all building, health, fire, and other applicable codes, ordinances, rules and regulations. All alterations, decorations, additions, and improvements made by Lessee shall be deemed to have attached to the leasehold and to have become the property of Lessor upon such attachment, and upon expiration ofthis Agreement, Lessee shall not remove any of such alterations, decorations, additions, and improvements, except trade fixtures installed by Lessee may be removed if all rents due herein are paid in full and Lessee is not otherwise in default hereunder.
Prior to commencing any renovation work approved by Lessor,
Lessee shall procure certificates of insurance from all contractors and subcontractors showing general liability and worker's compensation coverage and naming Lessor as an additional insured. Lessee shall in any event be responsible for repairing any damage caused to the Premises by virtue of any unauthorized alteration, addition, or improvement installed by or on behalf of Lessee. Lessee
shall not remove or demolish, in whole or in part, any fixed improvements upon the Premises without the prior written consent of Lessor, which consent may be conditioned upon the obligation of Lessee to replace the same by a specified fixed improvement. 9.2
At the expiration of the term of this Agreement, for all of the Premises, the Net Book
Value of Lessee's Fixed Improvements shall be $0.00. 10. Signs.
10.1
Lessee agrees not to use any advertising media without first receiving written
approval from Lessor. All signage shall be professionally prepared and Lessee further agrees to maintain any such sign, awning, canopy, decoration, lettering, advertising matter, or other thing, as
may be approved, in good condition and repair at all times. All signs shall be accurate, showcase a
cross section of product and be visible. All interior store signage shall require the prior written approval of Lessor's Director of Golf Operations prior to installation. Such signage shall assist and complement the overall effective and creative merchandising and marketing of the permitted
merchandise. All signage shall be professionally designed and no hand-lettered or hand-modified
signs shall be permitted without the prior written approval of Lessor's Director of Golf Operations. 10.2
All displays, posters, computer or TV projections, and sounds in the Premises shall
reflect good taste, be professionally developed and presented in such a manner as not to be offensive to the general public and be of such high caliber so as to reflect the dignity of Bowes Creek Country Club and the services provided to the public by Lessor. All reasonable complaints from the public to Lessor, or from Lessor, will be forwarded to Lessee in writing. Lessee shall remedy such offensive 11
items within two (2) calendar days of receipt of said complaints. 10.3
Lessor shall have the right to use Porter's Pub's name, logos and trademarks in the
marketing of services. 11. Maintenance and Repair of Premises.
11.1
Lessee agrees to provide at its own expense maintenance, custodial, and cleaning
services for the Premises. Lessee shall keep and maintain the Premises in a clean, sanitary, and safe condition in accordance with the laws of the State of Illinois and in accordance with all directions, rules, and regulations of the health officer, fire marshal, building inspector, or other proper officials
of the governmental agencies having jurisdiction at the sole cost and expense of Lessee, and Lessee shall comply with all requirements of law, ordinance, and otherwise, affecting the Premises. 11.2
Lessee shall use at Lessee's sole cost and expense such pest extermination contractor
as Lessor may direct and at such intervals as Lessor may require.
11.3
Lessee shall ensure that all personnel conform to personal hygiene and product-
handling requirements established by Lessee, Lessor or applicable laws, rules, regulations and ordinances. 11.4
Lessee agrees, at its own expense, to keep and maintain in good working order, and to
make necessary repairs to, any equipment provided for under this Agreement or otherwise utilized in the Food and Beverage Operations, including regular cleaning and maintenance of the grease trap. Lessor agrees to replace, at its own expense and in its sole discretion, any equipment that the Lessor determines has exceeded its useful life. Lessor further agrees to provide, at its sole expense and in its sole discretion, for the maintenance of the building and facility, including any necessary repairs to the building or the facility, and for any capital expenditures.
11.5
Lessor and its agents shall have the right to inspect the Premises during the hours of
operation and/or at any time in case of emergency, to determine whether Lessee has complied with and is complying with the terms and conditions of this Agreement. Lessor may, at its sole discretion, require Lessee to effect repairs required under this Agreement at Lessee's sole cost and expense. The Lessor shall further have the right to perform any and all things which Lessee is obligated to and has failed to do after fifteen (15) calendar days written notice to act and/or at any time in case emergency, including: maintenance, repairs and replacements to the equipment at the Premises. The cost of all labor and materials, and other charges required for performance of such work, plus twentyfive (25) percent thereof for administrative overhead, will be invoiced to Lessee and Lessee shall
remit payments in full thereof to Lessor within ten (10) calendar days following receipt of invoice by Lessee as additional rent. 11.6
Lessee shall keep the Premises and all other parts of Bowes Creek free from any and
all liens arising out of any work performed, materials furnished, or obligations incurred by or for Lessee, and agrees to bond against or discharge any mechanic's or materialmen's lien within ten (10) days. Lessee shall reimburse Lessor for any and all costs and expenses which may be incurred by 12
Lessor by reason of the filing of any such liens and/or the removal of same, such reimbursement to
be made within ten (10) days after receipt by Lessee from Lessor of a statement setting forth the amount of such costs and expenses. The failure of Lessee to pay any such amount to Lessor within
said ten (10) day period shall carry with it the same consequences as failure to pay any installment of rental.
11.7
Lessee, at its own expense, shall install and maintain fire extinguishers and other fire
protection devices as may be required from time to time by any agency having jurisdiction thereof
and the insurance underwriters insuring the Building. Lessee further agrees to comply with any and all requirements of the insurance underwriters insuring the Premises. 12. Use of Golf Course.
12.1
Lessor shall provide Lessee annually with up to thirty (30) complimentary rounds of
golf to be used at Lessee's discretion, the days and times of such use subject to approval by Lessor's Director of Golf Operations. Lessor will be entitled to a food allowance or house account to be used with the approval of the Director of Golf Operations and at the Director of Golf Operations' discretion to promote the City's business and affairs. 13. Hazardous Materials.
13.1
Lessee covenants and agrees that it shall not receive, use, store, maintain, discharge or
operate, whether intentionally or unintentionally, any material or merchandise that is toxic, explosive, highly flammable or classified by law as hazardous, on the Premises or Bowes Creek in violation of any applicable federal, state, county or local statutes, laws, regulations, rules, ordinances, codes, standards, orders, licenses or permits of any governmental authorities.
Lessee shall
immediately notify Lessor if Lessee learns of any noncompliance or of any facts that could give rise to a claim of noncompliance with such laws or rules and regulations promulgated thereunder. Lessee
shall indemnify, defend, and hold harmless Lessor from and against any and all claims, damages, costs, losses and liabilities arising during or after the term as a result of or arising from: (a) a breach
by Lessee of its obligations contained in this Paragraph; (b) any release of Hazardous Substance from, in, on or about the Premises or Bowes Creek caused by any act or omission of Lessee, its members, officers, agents, servants, employees and customers or, (c) the existence of any Hazardous
Materials within the interior portions of the Premises. The obligations ofthis paragraph shall survive the expiration or termination of this Agreement.
14. Insurance.
14.1
Insurance during the Life of this Agreement. As additional rent for the Premises,
Lessee shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company (ies) either (i) admitted by the Illinois Insurance Commissioner to do business in the State of Illinois and rated not less than "A-VII" in Best's Insurance Rating Guide; (ii) authorized by Lessor's Fiscal Services Director. The following policies of insurance are required:
a.
Commercial General Liability. Commercial general liability insurance which shall 13
include Owners, Landlords and Tenant's liability, premises liability, contractual, products and completed operations coverage, fire legal liability, bodily injury and property damage
liability insurance with combined single limits of not less than $1,000,000 per occurrence. b.
Commercial Automobile Liability.
Commercial automobile liability insurance
endorsed for "any auto" with combined single limits of liability of not less than $ 1,000,000 per occurrence.
c.
Property Insurance. An all-risk property insurance policy covering all contents, and
Lessee's trade fixtures, machinery, equipment, furniture and furnishings in the Premises to the extent of at least ninety percent (90%) of their replacement cost under standard fire and
extended coverage insurance, including, without limitation, vandalism and malicious mischief. In the event of loss, the proceeds of any such policy shall promptly be used by
Lessee for restoration of its improvements, alterations and trade fixtures and the replacement of its personal property.
d.
Worker's Compensation. As required under Illinois law. In addition, employer's
liability insurance shall be provided with limits of $ 100,000 per accident, and $ 100,000 per
employee for disease, with a minimum policy limit of $500,000 for disease. e.
Dram Shop Insurance. A policy of insurance in the sum of not less than $ 1,000,000
issued by an insurance company approved by the City of Elgin Local Liquor Control Commission in the form commonly known as "dramshop insurance." 14.2
Proof of Insurance. The above described policies of insurance shall be endorsed to
provide an unrestricted thirty (30) day written notice in favor of Lessor, of policy cancellation, change or reduction of coverage, except for the Workers' Compensation policy which shall provide a ten (10) day written notice of such cancellation, change or reduction of coverage. In the event any
policies are due to expire during the term of this Agreement, Lessee shall provide a new certificate evidencing renewal of such policy(ies). Upon issuance by the insurer, broker, or agent of a notice of cancellation, change or reduction in coverage, Lessee shall file with Lessor a certified copy of the new or renewal policy and certificates for such policy. 14.3
The General Liability and Automobile Liability insurance policies shall be written on
an occurrence form and shall name Lessor, its officers, officials, agents, employees and volunteers as
an additional insured. Such policies of insurance shall be endorsed so Lessee's insurance shall be primary and no contribution shall be required of Lessor.
Lessee shall furnish Lessor with the
certificates and applicable endorsements for all required insurance prior to Lessor's execution of the Agreement.
Lessee shall furnish Lessor with copies of the actual policies upon the request of
Lessor's Fiscal Services Director at any time during the life of the Agreement or any extension. 14.4
Failure to Maintain Insurance. If at any time during the life of the Agreement or any
extension Lessee fails to maintain the required insurance in full force and effect, Lessor may, but is not required to, obtain and maintain insurance for protection of its own interests, and all premiums paid or payable by Lessor therefore shall be deemed to be additional rent due to Lessor from Lessee. 14
14.5
Lessee shall not do or permit any act or thing upon the Premises which will invalidate,
suspend or increase the rate of any insurance policy carried by Lessor covering the Premises, or the buildings in which the same are located or Bowes Creek, or which, in the opinion of Lessor, may constitute a hazardous condition that will increase the risks normally attendant upon the operations contemplated under this Agreement. 14.6
Each party hereto shall give to the other prompt and timely written notice of any claim
made or suit instituted coming to its knowledge which in any way directly or indirectly, contingently or otherwise, affects or might affect either, and each shall have the right to participate in the defense of the same to the extent of its own interest. 15. Liability and Indemnity.
15.1
To the fullest extent permitted by law, Lessee agrees to indemnify, defend and hold
harmless Lessor, its officials, officers, employees, boards and commissions from and against any and
all claims, suits, judgments, costs, fines, fees, expenses, penalties, damages, or other relief, including attorneys' fees, of any kind and nature arising out of or resulting from or through or alleged to arise
out of any reckless or negligent acts or omissions of Lessee and/or of Lessee's officials, officers, employees or agents in connection with the leasing of the Premises and/or in the performance of this
agreement. In the event of any action against Lessor, its officials, officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action
shall be defended by legal counsel of Lessor's choosing. The provisions of this section shall survive any termination and/or expiration of this Agreement. 15.2
Lessor shall not be liable for, and is hereby released from, all liability to Lessee,
Lessee's insurance carrier(s), or any person claiming under or through Lessee, for any loss or damage
to Lessee's business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property located in, upon or about the Premises, whether belonging to Lessee or any other person; nor shall Lessor be liable for injury to Lessee or Lessee's employees, agents, contractors,
subcontractors, customers, or invitees caused by fire, steam, electricity, gas, water, rain, leakage, breakage, obstruction, pipe defects, sprinkler, wires, appliances, plumbing, air conditioning, lighting fixtures, or any other cause, arising on the leased premises. Lessee shall be solely responsible for the safety and security of the leased premises and the safety and security of all equipment, supplies, and
commodities used or sold by Lessee. Lessee also covenants and agrees that Lessor shall not be liable for damages arising from any act or neglect on the part of any third parties. 15.3
Lessee agrees that the sole remedy available to Lessee upon any breach of this
Agreement by Lessor shall be the cancellation of the Agreement under its terms. It is the essence of
this Agreement that Lessor shall not be liable in money damages for any breach of this Agreement, and in no event shall Lessor be liable for any other monetary damages, including, but not limited to, compensatory, consequential or incidental damages or attorney's fees, arising from or in any way
related to any breach or other violation of the terms of this Agreement. 15.4
The provisions of this Section 15 shall survive any termination and/or expiration of
this Agreement. 15
16. Utilities.
16.1 Lessor shall be solely responsible for and promptly pay all charges for water, gas, heat, electricity, sewer, phone service, trash removal and any other utility used upon or furnished to
the Premises. Lessor does not warrant that any of the connections for services and utilities will be free from interruption, but Lessor will take reasonable steps to restore service if interrupted. Interruption of services or utilities shall not be deemed an eviction and shall not excuse performance of any of Lessee's obligations under this Agreement, nor shall it render Lessor liable for damages. Lessee agrees to utilize prudent energy management to the satisfaction of the Director of Golf Operations.
16.2
Lessee shall be responsible for the proper disposal of all refuse and waste materials
created by its operations. Waste receptacles shall conform and blend with interior design of Bowes Creek at the Premises. Lessor shall dispose of all refuse when placed in designated receptacles. Lessee shall regularly monitor these areas for cleanliness and trash removal during the day/event. 16.3 Non-interference with utilities. Lessee shall do nothing, and shall permit nothing to be done, that may interfere with the utilities at Bowes Creek, including by way of example and
without limitation such water, gas, heat, electricity, sewer, phone and internet service, trash removal and any other utility used upon or furnished to the Premises. Lessee's duties under this section
include, but are not limited to, preventing grease and oils from entering waste lines, drains, and sewers.
17. Assignment, Delegation and Change of Ownership.
17.1
This Agreement and the rights and privileges contained herein are personal to Lessee
and Lessee agrees that it shall not assign, mortgage, pledge, or transfer this Agreement or any other right, privilege or license conferred by this Agreement, either in whole or in part, or sublet or permit use of any Premises by another, or in any manner encumber the Premises or any part thereof, without obtaining in advance the written consent of Lessor, which may be withheld for any reason
whatsoever. It is understood and agreed that Lessor's consent hereunder (and wherever else in this Agreement required, unless specifically provided to the contrary) may be withheld for any reason whatsoever or for no reason, notwithstanding any statutory or other provisions of law to the contrary. 18. Waste and Nuisance.
18.1
Lessee shall not commit or suffer to be committed any waste upon the Premises or
any nuisance or other act or thing which may disturb the quiet enjoyment of surrounding properties. Lessee shall not use or permit to be used any medium that might constitute a nuisance, such as loudspeakers, sound amplifiers, phonographs, radios, televisions, or any other sound-producing device which will carry sound outside the Premises.
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19. Damage or Destruction of Leased Premises.
19.1
hi the event the Premises shall be rendered untenantable by fire, explosion or other
casualty, Lessor may, at its sole option, terminate this Agreement or repair the Premises within sixty (60) days, with the exception of Lessee improvements, alterations and trade fixtures, the restoration of which shall be Lessee's sole obligation and expense. If Lessor does not repair the Premises within said time, or the building on the Premises shall have been wholly destroyed, the term hereby created by the Agreement shall cease and terminate without further liability between the parties hereto. 20.
Compliance.
20.1 Lessee, its officers, agents, servants, employees, contractors, licensees, and any other person over which Lessee has the right to exercise control shall comply with all present and future
laws, ordinances, orders, directives, codes, rules, regulations, and directives of, or imposed by, the federal, state, and local governmental agencies, including those of Lessor, which maybe applicable to Lessee's operations at Bowes Creek, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wages, workplace safety, and legal status of employees. 20.2 Lessee shall pay on or before their respective due dates, to the appropriate collecting authority, all federal, state, and local taxes and fees levied upon Lessee, or upon Lessee's business conducted at Bowes Creek, or upon Lessee's interest hereunder, or upon any of Lessee's property used in connection therewith, including possessory interest as and when such be applicable to Lessee.
Lessee agrees to protect and hold harmless Lessor and the Premises and any and all
improvements located therein or thereon and any and all facilities and fixtures appurtenant thereto and any and all other property located therein or thereon and any and all of Lessee's interest in or to said Premises, improvements, appurtenant facilities, fixtures or other property, from any and all such taxes and assessments, including any and all interest, penalties and other expenses which may be
imposed thereby or result therefrom, and from any lien therefore or sale or other proceedings to enforce payment thereof. Nothing in this paragraph shall be deemed to limit any of Lessee's rights to appeal any such levies or assessments in accordance with the rules, regulations, laws, statutes, or ordinances governing the appeal process of the taxing authority making such levies or assessments. 20.3
Lessor shall pay on or before their respective due dates, to the appropriate collecting
authority, all real estate taxes, special assessments and leasehold taxes, which are now or may hereafter be levied, charged and or assessed upon the Premises, the improvements and/or the leasehold of the Premises. Nothing in this paragraph shall be deemed to limit any of Lessor's rights to appeal any such levies or assessments in accordance with the rules, regulations, laws, statutes, or
ordinances governing the appeal process of the taxing authority making such levies or assessments.
20.4
Lessee agrees to pay, and hereby guarantees payment of all lawful fines and penalties
as may be assessed by the City, Federal, State or local agencies or against Lessor for violations of federal, state or local laws, ordinances, ruling or regulations, or City rules and regulations by Lessee
or its officers, agents, servants, employees, contractors, licensees, or any other person over which Lessee has the right to exercise control within the earlier of delinquency or thirty (30) calendar days of written notice of such fines or penalties. 17
20.5
Lessee shall obtain, pay for and continuously maintain current all licenses and permits
necessary or required by all applicable Federal, State, county or local laws, regulations, rules,
ordinances, codes, standards, orders, licenses or permits for the conduct of the permitted activities hereunder. Lessee is expressly required to obtain a retail alcoholic liquor dealer's license from the State of Illinois and the City of Elgin Local Liquor Control Commission as a material condition to the performance of this Agreement and Lessee's failure to obtain and maintain in lawful effect such retail alcoholic liquor dealer's licenses shall constitute a breach of this Agreement. Lessee shall ensure that any such required items are displayed prominently and/or in conformance with applicable guidelines.
20.6
Liquor License.
Lessee shall be responsible for obtaining the appropriate liquor
license and complying with all local and state requirements with respect to the same. All servers provided by Lessee shall be BASSETT certified as may be required by law and at Lessor's discretion. Training for all servers shall be required at Lessee's sole cost and expense. The cost of any training materials shall be paid by Lessee. 20.7
If applicable, Lessee shall provide Lessor with a copy of any health inspection report
within twenty-four (24) hours after Lessee receives such report. If a health inspection does not result in a report, Lessee shall submit a written summary of the nature and findings of such inspection as they were communicated to Lessee. Lessee shall also provide Lessor with any required corrective actions and timeframes for each corrective action to be continuously implemented. 21. Termination by Lessee.
21.1
In addition to all other remedies otherwise available to Lessee at law or in equity,
Lessee may terminate this Agreement by giving a thirty (30) calendar day written notice to Lessor of
its intent to do so, should any one or more of the following events occur, provided however, that Lessee's sole remedy shall be the termination of this Agreement, and Lessor shall have no other or further obligation to Lessee, and further provided that Lessee shall remain liable for all obligations accrued under this Agreement through the effective date of termination:
a.
The breach by Lessor in the performance of any material covenant of this Agreement required to be performed by Lessor and the failure of Lessor to commence to remedy such breach for a period of thirty (30) calendar days after receipt of written notice of such breach by Lessee.
22. Termination by Lessor.
22.1
In addition to all other remedies otherwise available to Lessor at law or in equity,
Lessor may terminate this Agreement or may, without terminating this Agreement, take possession of the Premises by giving a thirty (30) calendar day written notice of its intent to do so to Lessee, should any one or more of the following events occur:
a.
Lessee fails to cooperate with any inspection of books and records by Lessor and/or
fails to maintain its books and records as required hereunder; 18
b.
Except as otherwise permitted in this Agreement, a majority of the ownership interest of Lessee is transferred, passes to or devolves upon, by operation of law or otherwise, to any other person, firm or corporation without the written consent of Lessor;
c.
Except as otherwise permitted in this Agreement, Lessee becomes, without the prior
written approval of Lessor, a successor or merged corporation in a merger, a constituent corporation in a consolidation, or a corporation in dissolution;
d.
Lessee shall breach, materially breach, default under and/or neglect or fail to perform and observe any promise, covenant or condition set forth in this Agreement within
thirty (30) days after the giving of written notice of such failure by Lessor to Lessee, except where fulfillment of such obligation requires activity over a period of time and Lessee has commenced to perform whatever may be required to remedy such failure within thirty (30) calendar days after giving of such written notice and continues such performance without interruption; or
e.
The services provide by Lessee pursuant to this Agreement shall deteriorate to the point which, in the sole opinion of Lessor, materially and adversely affects the operation of service required to be performed by Lessee after the giving of written notice of such deterioration by Lessor to Lessee, except where fulfillment of such
obligation requires activity over a period of time and Lessee has commenced to perform whatever may be required to remedy such failure within ten (10) calendar
days after giving of such written notice and continues such performance without interruption to the satisfaction of Lessor. 22.2
In addition to all other remedies otherwise available to Lessor at law or in equity,
Lessor may immediately terminate this Agreement or may, without terminating this Agreement, take immediate possession of the Premises by giving written notice of its intent to do so to Lessee, upon the occurrence of any one or more of the following:
a.
Lessee fails to pay any rent or payments when due under this Agreement, or to provide and maintain insurance as required in accordance with this Agreement;
b.
Any lien is filed against the Premises arising by or through Lessee or because of any act or omission of Lessee and such lien is not removed, enjoined or a bond for satisfaction of such lien is not posted within sixty (60) calendar days after Lessee receives notice of the filing thereof;
c.
Lessee permits to continue, for a period of three (3) days after receipt of written
notice from the Lessor or other agency having jurisdiction, the existence of unsanitary conditions or practices in or about the Premises; provided however, if the
unsanitary condition is such as to require replacement, repair or construction, Lessee shall have a reasonable time in which to correct, but must begin action on the matter immediately upon receipt of said notice;
19
d.
Lessee abandons, deserts, vacates or discontinues its operation of the business herein authorized from the Premises for a period of three (3) calendar days without prior written consent of Lessor; or
e.
A petition is filed by or against Lessee for relief under the bankruptcy laws, or Lessee
shall make an assignment for the benefit of creditors, or if a receiver of any property of Lessee be appointed in any action, suit, or proceeding by or against Lessee, or if Lessee shall admit that it is insolvent, or it is generally not paying its debts as such
debts become due, or if the interest of Lessee in the premises shall be sold under execution or other legal process;
f.
This Agreement or the Premises or any part of the Premises are taken upon execution or by other process of law directed against Lessee, or are taken upon or subject to any attachment at the instance of any creditor or claimant against Lessee, and the attachment is not discharged or disposed of within fifteen (15) days after its levy;
g.
Lessee is dissolved.
22.3
Acceptance by Lessor of any rentals or other payments specified in this Agreement,
after a breach, material breach, default under, neglect or failure to perform or observe any of the terms of this Agreement, shall not be deemed a waiver of any right on the part of Lessor to terminate this Agreement on account thereof. No receipt of money by Lessor from Lessee after the termination of this Agreement shall reinstate, continue, or extend the term, nor affect or waive any notice given by Lessor to Lessee prior to such receipt of money. 22.4
Upon termination or reentry by Lessor, Lessor may reassign the Premises and any
improvements thereon or any part thereof to be operated by one or more sub-operators or any other party acceptable to Lessor, at such rentals, fees and charges and upon such other terms and
conditions as Lessor, in its sole discretion, may deem advisable, with the right to make alterations, repairs or improvements on said Premises.
22.5
In the event Lessor, without terminating this Agreement, re-enters, regains or resumes
possession of the Premises, Lessee shall have no further right to possession under the Agreement, but
all of the obligations of Lessee hereunder shall survive and shall remain in full force and effect for the full term of this Agreement. The amount or amounts of rent, charges, and fees shall become due and payable to Lessor to the same extent, at the same time or times and in the same manner as if no re-entry, regaining or resumption of possession had taken place. Should Lessor elect to re-enter, as
herein provided, it may from time to time, without terminating this Agreement, make such alterations and repairs as may be necessary in order to relet the Premises, and relet said Premises or any part thereof for such term or terms (which may be for a term extending beyond the term of this Agreement) and at such rental or rentals and upon such other terms and conditions as Lessor in its sole discretion may deem advisable. Lessor may maintain separate actions each month to recover
any monies then due, or at its sole and absolute discretion and at any time, may sue to recover the full deficiency.
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22.6
Bankruptcy.
If Lessor shall not be permitted to terminate this Agreement as
hereinabove provided because of the provisions of Title 11 of the United States Code relating to Bankruptcy, as amended ("Bankruptcy Code"), then Lessee as a debtor-in possession or any trustee for Lessee agrees to promptly, within no more than sixty (60) days upon request by Lessor to the Bankruptcy Court, assume or reject this Agreement. In such event, Lessee or any trustee for Lessee
may only assume this Agreement if (a) it cures and provides adequate assurance that the trustee will promptly cure any default hereunder, (b) compensates or provides adequate assurances that the trustee or Lessee will promptly compensate Lessor for any actual pecuniary loss to Lessor resulting from Lessee's default, and (c) provides adequate assurance of performance during the fully stated term hereof of all of the terms, covenants, and provisions of this Agreement to be performed by Lessee. In no event after the assumption of this Agreement shall any then existing default remain uncured for a period in excess of the earlier often (10) days or the time period set herein. 22.7
Upon the occurrence of an event of default, Lessor shall have the right to terminate
the Agreement and shall be entitled to possession of the Premises. Lessor may make its election to terminate known to Lessee by delivery of a notice of termination.
Such termination shall be
immediately effective unless otherwise provided in this Agreement, and Lessor shall be entitled to forthwith commence an action in summary proceedings to recover possession of the Premises, but such termination shall not terminate Lessee's liabilities hereunder.
Lessee waives all notice in
connection with such termination, including by way of illustration, but not limitation, notice of intent to terminate, demand for possession or payment, and notice of re-entry. Notwithstanding anything herein to the contrary, Lessor may, without demand or notice, re-enter and take possession of the
Premises or any part of the Premises, repossess the same, expel Lessee and those claiming through or under Lessee, and remove the effects of both or either, using such force for such purposes as may be necessary, without being liable for prosecution, without being deemed guilty of any manner of
trespass, and without prejudice to any remedies for arrears of amounts payable under this Agreement or as a result of any preceding breach of covenants or conditions. 22.8
Cure of Defaults. Upon default with respect to any provision of this Agreement, the
non-defaulting party may choose to allow the defaulting party an opportunity to cure the default, in accordance with the provisions of this paragraph. The non-defaulting party shall provide written notice of the default to such other party, who shall then have thirty (30) days to correct the default, or to commence corrective action in the event that such default cannot be corrected within thirty (30)
days, whereby such corrections shall be completed within a reasonable time thereafter, hi the event that such default is not cured, the non-defaulting party may then immediately terminate this Agreement without further liability. The remedy in this paragraph is cumulative, and shall not be
exclusive of or otherwise prejudice the right to pursue any other rights, remedies and benefits allowed by law.
22.10
Right of Termination. In addition to any other termination rights provided for in this
Agreement, this Agreement may be terminated at the convenience of Lessor, without cause, upon one hundred eighty (180) days written notice to Lessee, without further liability. 22.11
Intentionally Omitted.
21
22.12
Remedies are Cumulative. Lessor's rights, remedies, and benefits provided by this
Agreement shall be cumulative, and shall not be exclusive of any other rights, remedies and benefits allowed by law.
23. Surrender of Premises. 23.1
Condition on Surrender. At the expiration or earlier termination of this Agreement,
Lessee shall quit and surrender up the Premises to Lessor, peaceably, quietly and broom clean and in the same condition as when tendered by Lessor, or hereinafter improved by Lessee, reasonable wear and tear and insured casualty excepted.
All trade fixtures or personal property installed in the
Premises by Lessee shall be removed by Lessee, provided that Lessee is not in default hereunder, and further provided that the same can be removed without damage to the Premises or to Bowes Creek. At the sole option of Lessor, all fixed improvements shall, without compensation to Lessee, become the property of Lessor, free and clear of all claims to or against them by Lessee or any third person, upon surrender of the Premises by Lessee for whatever reason.
Should Lessor elect not to take
ownership of any fixed improvements, prior to the date of surrender, Lessee shall be solely responsible for the expense of the removal of said fixed improvements and restoring the Premises to the same condition as when originally tendered by Lessor.
In the event that Lessee shall fail to
remove its personal property and/or trade fixtures on or before the termination (whether by expiration of the lease term, cancellation, forfeiture, or otherwise, whichever first occurs) of this Agreement, at the sole option of Lessor, (i) said personal property and trade fixtures may be stored at a public warehouse or elsewhere at Lessee's sole cost and expense; or (ii) title to such trade fixtures and personal property shall vest in Lessor, free and clear of all claims to or against them by Lessee or any third person, at no cost to Lessor, in the manner allowed by law. In such event Lessor shall not be responsible for any losses related to such personal property or trade fixtures and Lessor may sell or otherwise dispose of such items.
23.2
Holding Over. In the event Lessee shall hold over and remain in possession of the
Premises after the expiration of the term of this Agreement without the written consent of Lessor,
such holding over shall not be deemed to operate as a renewal or extension of this Agreement (or any
lease or license hereunder) but shall only create a month-to-month permit at the same rentals, fees, charges, and other terms, conditions and covenants contained in this Agreement and effective at the time holdover commenced, which may be terminated at any time by Lessor or Lessee by providing
written notice to the other to be effective on the first day of the month following the month in which such notice was served. 24. Nondiscrimination and Sexual Harassment.
24.1
Lessee covenants and agrees that no person shall be unlawfully discriminated against
in the use and operation of the Premises pursuant to this Agreement. 24.2
Nondiscrimination.
a.
Lessee, for itself, its personal representatives, successors in interest, and assigns, as part of the consideration hereof, does hereby covenant and agree that (1) no person, 22
on the grounds of race, color, or national origin shall be excluded from participation, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements and the furnishing of services, no person on the grounds of race, color, creed, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination.
b.
That in the event of breach of any of the above nondiscrimination covenants, Lessor shall have the right to terminate this Agreement and re-enter and repossess said Premises, and hold the same as if said Agreement had never been made or issued and no reimbursement shall be made to Lessee.
c.
Lessee shall furnish its accommodations and/or services and operate the Food and Beverages Operation on a fair, equal, and nondiscriminatory basis to all users thereof, and it shall charge fair, reasonable, and nondiscriminatory prices for each unit of services provided.
24.3
Sexual Harassment Policy. As a condition of this Agreement, the Lessee shall have a
written sexual harassment policy that includes, at a minimum, the following information: a.
The illegality of sexual harassment;
b.
The definition of sexual harassment under state law;
c.
A description of sexual harassment, utilizing examples;
d.
The vendor's internal complaint process including penalties;
e.
The legal recourse, investigative and complaint process available through the Illinois Human Rights Commission;
f.
Directions on how to contact the department and commission;
g.
Protection against retaliation as provided by section 6-101 of the Human Rights Act.
25. Miscellaneous.
25.1
Nonwaiver of Rights. No failure by either party to insist upon strict compliance of
any obligation of the other party under this Agreement or to exercise any right, power or remedy of a
breach thereof, irrespective of the length of time for which such failure continues (except in cases where this Agreement expressly limits the time for exercising rights or remedies arising out of a breach), shall constitute a waiver of such breach or of that party's right to demand strict compliance with such term, covenant or condition or operate as a surrender of this Agreement. No waiver of
breach by Lessor or Lessee of any of the terms, covenants, and conditions hereof to be performed,
kept, and observed by the other party shall be construed as, or shall operate as, a waiver of any 23
subsequent breach of any of the terms, covenants, or conditions herein contained, to be performed, kept, and observed by the other parties, and the consent or approval by Lessor to or of any act by Lessee requiring Lessor's consent or approval shall not be deemed a waiver of Lessor's consent or
approval to or of any subsequent similar act by Lessee. No breach of a covenant, term, condition, or provision of this Agreement shall be deemed to have been waived by Lessor, unless such waiver (i) is in writing signed by Lessor, (ii) identifies the breach, and (iii) expressly states that it is a waiver of the identified breach. 25.2
Notice. Any notice, demand, request, consent, approval, or other instrument which
may be or is required to be given under this Agreement shall be sent by overnight courier or United
States certified mail return receipt requested, postage prepaid, and shall be addressed to the addresses and persons set forth hereunder: To Lessor:
To Lessee:
City Manager
Porter's Pub Payroll PPP, LLC
City of Elgin
c/o Joe Carlucci, President
150 Dexter Court
Carlucci Hospitality
Elgin, IL 60120-5555
2001 Butterfield Road Downers Grove, IL 60515
With a copy to: Corporation Counsel City of Elgin 150 Dexter Court
Elgin, IL 60120-5555 25.3
Captions. The headings of the several articles and paragraphs of this Agreement are
inserted only as a matter of convenience and for reference and in no way define, limit, or describe the scope or intent of any provisions of this Agreement and shall not be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 25.4
Severability. The terms of this Agreement shall be severable. If any provision of this
Agreement or the application thereof to any person or circumstances shall, to any extent, be void, invalid or otherwise unenforceable for any reason, the remainder of this Agreement shall not be affected thereby and each provision of the Agreement shall be valid and enforceable to the fullest extent permitted by law, and the remaining provisions of this Agreement shall be interpreted so as to
nearly as possible conform to the intent of the parties as indicated in this Agreement. 25.5
Waiver of Claims. Lessee hereby waives any claim against Lessor and its directors,
officers, agents, or employees for loss of anticipated profits caused by any suit or proceedings directly or indirectly attacking the validity of this Agreement or any part thereof, or by any judgment or award in any suit or proceeding declaring this Agreement null, void or voidable, or delaying the same or any part thereof from being carried out. 24
25.6
Right to Develop Bowes Creek. It is covenanted and agreed that Lessor reserves the
right to further develop or improve Bowes Creek regardless of the desires or views of Lessee and without interference or hindrance. 25.7
Incorporation of Exhibits. All exhibits, documents and instruments referred to in this
Agreement are intended to be and hereby are specifically made a part of this Agreement.
It is
specifically agreed that any or all Exhibits may be modified and substituted in accordance with the provisions of this Agreement without formal amendment hereto. 25.8
Incorporation of Required Provisions. The parties incorporate herein by this reference
all provisions lawfully required to be contained herein by any governmental body or agency. 25.9
Relationship of Parties. Nothing contained herein shall be deemed or construed by
Lessor or Lessee, or by any other parties, as creating the relationship of employer and employee,
principal and agent, partners, joint venturers, or any other similar such relationship, between the parties hereto. Lessor and Lessee shall understand and agree that neither the method of computation of rent, nor any other provision contained herein, nor any acts of Lessor and Lessee creates a relationship other than the relationship of Lessee as permitted of Lessor. No manager, chef, staff
member, employee or any other individual associated with Lessee shall be deemed or construed as an employee of Lessor. 25.10
Non-liability of Agents or Employees. No director, officer, agent, or employee of
Lessor or Lessee shall be charged personally or held contractually liable by or to the other party under the provisions of this Agreement or because of any breach thereof or because of its or their execution or attempted execution.
25.11
Successors and Assigns Bound. This Agreement shall be binding upon and inure to
the benefit of the successors and assigns of the parties hereto, where permitted by this Agreement. 25.12
Time of Essence. Time is expressed to be of the essence in this Agreement.
25.13
Gender. Words of any gender used in this Agreement shall be held and construed to
include any other gender and words in the singular number shall be held to include the plural, unless the context otherwise requires.
25.14
Force Majeure. Except for the payment of any rent or fee or charge required by this
Agreement, neither Lessor nor Lessee shall be liable to the other for any failure, delay or interruption
in the performance of any of the terms, covenants or conditions of this Agreement due to causes
beyond the control of that party or persons or entities for whose acts or omissions that party is responsible under this Agreement or applicable law, including, without limitation, strikes, boycotts,
labor disputes, embargoes, acts of God, acts of the public enemy, acts of superior governmental authority, weather conditions, floods, riots, rebellion, sabotage or any other circumstance for which such party is not responsible or which is not in its own power to control, provided that, should said cause(s) continue for a period beyond six (6) months, such shall be a grounds for termination by
either party in the manner provided in this Agreement. 25
25.15
Representative of Lessor. The Elgin City Manager, or his/her representative, shall be
designated as the official representative of Lessor in all matters pertaining to this Agreement. To the extent expressly authorized by City Council, the Elgin City Manager, or his/her representative, shall
have the right and authority to act on behalf of Lessor with respect to all action required of Lessor in this Agreement.
25.16
Governing Law and Venue. This Agreement is governed by the laws of the State of
Illinois. Any disputes relating to this Agreement or the interpretation thereof must be resolved in accordance with the laws of Illinois. Lessee and Lessor agree that any legal or equitable action for claims, debts, or obligations arising out of or to enforce the terms of this Agreement shall be brought by Lessee or Lessor in the Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois and that such court shall have personal jurisdiction over the parties and venue of the action shall be appropriate in each such court.
25.17
Writing Required. This Agreement may not be amended or otherwise modified in any
way whatsoever, except in writing approved by City Council and signed by the parties authorized agents.
25.18 Rights Cumulative. Each right of the parties hereto is cumulative and in addition to each of the other legal rights that a party may have in law or equity, except as otherwise expressly limited in this Agreement.
25.19
Sub-agreements.
Lessee hereby assures that it shall include all of the terms,
conditions, covenants and other obligations contained herein in any and all agreements and contracts or sub-agreements and subcontracts entered into by it under which Lessee grants a right or privilege to any person, firm or corporation to render accommodations and/or services within or for the
Premises. Lessee shall require that any document so entered into is subordinate in all terms to this Agreement. Lessee hereby also assures that it shall similarly cause the same to be included in any
further subleases, subcontracts or sub-agreements.
The voluntary or other surrender of this
Agreement by Lessee or a mutual termination hereof, or a termination by Lessor, or an automatic
termination, or termination by a court of competent jurisdiction, or any other termination hereof shall not work a merger, and shall, at the option of Lessor, terminate any or all existing sub-agreements or subcontracts, or may, at the option of Lessor, operate as an assignment to Lessor of any or all such sub-agreements or subcontracts
25.20
Inspection of Records.
Lessee shall provide all information and reports and shall
permit access to and audit of its books, record, accounts and other sources of information and its facilities as may be determined by Lessor to be pertinent to ascertain compliance with this Agreement for the term of this agreement and three (3) years thereafter. Where any information
required of Lessee is in the exclusive possession of another who fails or refuses to furnish this information, Lessee shall so certify to Lessor and shall set forth what efforts it has made to obtain the information. This paragraph shall survive termination of the Agreement. 25.21
Precedence of Document. In the event of any conflict between this Agreement and
any exhibit or attachment hereto, the terms and conditions of the Agreement shall control and take 26
precedence over the terms and conditions expressed within the exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit or attachment hereto which purport to modify the allocation of risk between the parties provided for within the Agreement shall be null and void. 25.22
Recording. Lessee shall not record this Agreement without the consent of Lessor,
which may be withheld for any reason whatsoever, in Lessor's absolute discretion. 25.23
No Encumbrance to Title.
Lessee shall not do any act which shall in any way
encumber the title of Lessor in and to the Premises or the improvements, nor shall the interest or estate of Lessor in the Premises or the improvements be in any way subject to any claim by way of lien, mortgage or encumbrance, whether by operation of law or by virtue of any express or implied contract by Lessee.
25.24
Estoppel.
The parties agree that they shall rely solely upon the terms of this
Agreement to govern their relationship. They further agree that reliance upon any representation, act,
or omission outside the terms of this Agreement shall be deemed unreasonable, and shall not establish any rights or obligations on the part of either party.
25.25
Eminent Domain. If the whole of the Premises hereby leased, or any portion thereof
shall be taken by any public authority under the power of eminent domain, or by deed in lieu thereof,
then the term of this Agreement shall cease as of the day possession shall be taken by such public authority and the Rent and other charges due hereunder, shall be paid up to that day with a proportionate refund by Lessor of such rent as may have been paid in advance for a period subsequent to the date of the taking. If less than the whole of the Premises shall be taken under eminent domain, Lessor shall have the right either to terminate this Agreement and declare same void, or require Lessee to continue in the possession of the remainder of the Premises if such can reasonably be accomplished. Lessor shall notify Lessee in writing within twenty (20) days after such taking of Lessor's intention. If the Lessee is to remain in possession, all of the terms herein provided shall continue in effect, except that the Annual Base Lease Payment shall be reduced in proportion to the amount of the Premises, if any, taken. All damages awarded for such taking under the power of eminent domain, whether for the whole or a part of the Premises, shall belong to and be the property of Lessor whether such damages shall be awarded as compensation for diminution in value to the leasehold or to the fee of the Premises. The Lessee may pursue its own claims for damages with the
appropriate government authority so long as same does not interfere with, or in any manner diminish, the award of Lessor. 26. Entire Agreement.
26.1
This Agreement and the Exhibits attached hereto and forming a part hereof, set forth
all the covenants, promises, agreements, conditions, and understandings between Lessor and Lessee concerning the Premises; that there are no covenants, promises, agreements, conditions, or understandings, either oral or written, between them other than are herein set forth; and that no claim or liability shall arise for any representations or promises not expressly stated in this Agreement.
Any other writing or parol agreement with the other party being expressly waived. No alteration,
27
amendment, change, or addition to this Agreement shall be binding upon Lessor or Lessee unless reduced to writing and signed by the party to be charged. IN WITNESS WHEREOF, Lessor and Lessee have signed this Agreement as of the day and year first above written. LESSEE:
LESSOR:
PORTER'S PUB PAYROLL PPP, LLC
CITY OF ELGIN
By:
By:
David J. Kaptain, Mayor Attest:
City Clerk
F:\Lcgal Dcpt\Agreement\Porter's Pub-Leasc-Bowcs Creek CC-clean 9-1 l-15.docx
28
Exhibit A
Plan Depicting Assigned Premises/Location of Food and Beverage Operations (TO BE INSERTED)
29
Resolution No. 15-127 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 73 MUNICIPAL DIVISION, ELGIN PUBLIC WORKS CHAPTER WHEREAS, representatives of the City of Elgin and representatives of the Service Employees International Union, Local 73 Municipal Division, Elgin Public Works Chapter have met and discussed wages, fringe benefits and other working conditions; and WHEREAS, said representatives have submitted for review and approval by the City Council an agreement pertaining to such matters; and WHEREAS, the City Council has reviewed said agreement and finds that it is fair and equitable for the City of Elgin and employees covered by it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the proposed agreement between the City of Elgin and the Service Employees International Union Local 73 Municipal Division Elgin Public Works Chapter, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute said agreement on behalf of the City of Elgin. ____________________________________ David J. Kaptain, Mayor Presented: September 23, 2015 Adopted: Vote: Yeas Nays: Recorded: Attest: ____________________________ Kimberly A. Dewis, City Clerk
PREAMBLE This agreement is made by and between the City of Elgin (herein called “City”) and the Service Employees International Union, Local 73 Municipal Division, Elgin Public Works Chapter (herein called “Union”) and sets forth the wages and benefits for the period January 1, 2015 through December 31, 2017. Each employee represented by the Union will receive a copy of this Agreement. ARTICLE I Recognition Section 1. Bargaining Unit. The City recognizes the Union as the sole bargaining representative for the purposes of establishing wages, hours and conditions of employment for all full-time employees of the Public Works, Parks and Recreation and the Water Department who are in the classifications listed in Attachment A. All other employees of the City are excluded, including, but not limited to part-time; seasonal; and short-term employees; and all confidential employees, managerial employees and supervisory employees. Absent a significant change in work duties or responsibilities, those persons originally included within the bargaining unit under the Illinois State Labor Relations Board (ISLRB) certification shall continue as bargaining unit members and those persons excluded under the ISLRB's certification shall remain excluded. The employer agrees that it will not reduce the work hours of bargaining unit employees for the purpose of removing such employees from the bargaining unit under this section. Section 2. Classifications. The classifications found in Attachment A are for descriptive purposes only. The City will not arbitrarily change or eliminate classifications nor will it use this provision to reduce the compensation levels of existing employees whose duties have not changed. Furthermore, the City will not create a new department and transfer work performed by bargaining unit personnel to that department with the intent of avoiding the terms of this Agreement. The City shall meet and negotiate with the Union any aspect of this section that is required to be negotiated by law. ARTICLE II Management Responsibilities The City shall retain the sole right and authority to operate and direct the affairs of the City and its various operating departments in all its various aspects, including, but not limited to, all rights and authority exercised by the City prior to the execution of this Agreement, except as modified by this Agreement. Among the rights retained is the City's right to determine its mission, policies and to set forth all standards of service offered to the public; to plan, direct, control and determine the operations or services to be conducted by the operating departments and by employees of the City; to determine the methods, means and number of personnel needed to carry out each department's mission; to direct the working forces, to schedule and assign work,
and to assign overtime; to hire, assign and transfer employees; to promote or demote; to discipline, suspend, or to discharge for just cause; to lay off or relieve employees due to lack of work or other legitimate reasons; to establish work and productivity standards; to make, publish and enforce reasonable rules and regulations; to contract out for goods and services; to introduce new or improved methods, equipment or facilities; and to take any and all actions as may be necessary to carry out the mission of the City in situations of civil emergency; provided, however, that the exercise of any of the above rights shall not conflict with any of the specific provisions of this Agreement, nor shall such rights be exercised in an arbitrary or capricious manner. ARTICLE III Anti-Discrimination/SubContracting Section 1. No Discrimination. The Union and the Employer agree not to discriminate against employees covered by this Agreement on account of race, religion, creed, color, national origin, sex, sexual orientation, age, mental or physical handicap. Any dispute concerning the application and interpretation of this paragraph shall be processed through the appropriate federal and state agency or court rather than through the grievance procedure set forth in this Agreement. Section 2. Rights Under the Agreement. No employee covered under this Agreement shall be intimidated, coerced, restrained, penalized, or discriminated against in any manner because they have exercised their rights and privileges provided for in the terms of this Agreement which include, but are not limited to, the processing of grievances. Section 3. Gender Reference. All references to the employee under this Agreement are intended to designate both sexes, and wherever the male gender is used it shall be construed to include both male and female employees. Section 4. Sub-Contracting a)
General Policy: It is the general policy of the City to utilize its employees to perform work they are qualified to perform. However, the City reserves the right, in determining its mission and setting forth all standards of service offered to the public, to contract out any work it deems necessary.
b)
Notice: Except in an emergency situation, the City shall give the Union a sixty (60) day advance notice of any plan or proposal to contract out work that may result in the loss of work to bargaining unit employees. Such notice shall offer the Union an opportunity to discuss and present its views to the City prior to the implementation of the contracting out.
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ARTICLE IV No Strike or Lockout During the term of this Agreement, the Union, its officers and agents, and the employees covered by this Agreement, agree not to instigate, promote, sponsor, engage in, or condone any strike, concerted stoppage of work, refuse to cross a picket line, or any other intentional interruption of operations of the City of Elgin. Any or all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the City. The City will not lock out any employees during the term of this Agreement as a result of a labor dispute with the Union. Upon the request of the Union, City shall provide police protection for Union members who are required to cross picket lines within Elgin City limits. Upon the expiration of this Agreement, the remedies for the resolution of any bargaining impasse shall be in accordance with the Alternative Impasse Resolution Procedure attached as Attachment B and incorporated herein by reference. ARTICLE V Union Security Section 1. Checkoff. Upon receipt of a voluntarily signed written dues authorization card from an employee covered by this Agreement, the City shall, during the term of this Agreement, deduct the uniform bi-weekly Union dues and uniform initiation fees of such employees from their pay and remit such deductions to the Secretary-Treasurer of the Union. Additionally, the City shall include a voluntary "checkoff" for the Union's Committee on Political Education ("COPE"). Section 2. Fair Share. During the term of this Agreement, all non-probationary bargaining unit employees who are not members of the Union shall pay as a condition of employment a fair share fee to the Union for collective bargaining and contract administration services rendered by the Union as the exclusive representative of the employees covered by this Agreement, provided that the fair share fee shall not exceed the dues attributable to being a member of the Union. Such fair share fees shall be deducted by the City from the earnings of non-members and remitted to the Union in the same manner and intervals as Union dues are deducted. The Union shall periodically submit to the City a list of employees covered by this Agreement who are not members of the Union and an affidavit which specifies the amount of the fair share fee. The amount of the fair share fee shall not include any contributions related to the election of or support of any candidate for political office or for any member-only benefit. The Union agrees to assume full responsibility to insure full compliance with the requirements laid down by the United States Supreme Court in Chicago Teachers Union v. Hudson, 106 S.Ct.1066 (1986); and on remand at 922 F.2d 1306 (1991), with respect to the constitutional rights of fair share fee payors. It is specifically agreed that any dispute concerning the amount of the fair share fee and/or the responsibilities of the Union with respect to fair share fee payors as set forth above shall not be subject to the grievance and arbitration procedure set forth in this
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Agreement. Non-members who object to this fair share fee based upon bona fide religious tenets or teachings shall pay an amount equal to such fair share fee to a non-religious charitable organization mutually agreed upon by the employee and the Union. If the affected non-member and the Union are unable to reach agreement on the organization, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois State Labor Relations Board and the payment shall be made to said organization. Section 3. Fair Representation. The Union recognizes its responsibility as bargaining agent, and agrees to represent all employees in the bargaining unit fairly, whether or not they are members of the Union. The Union further agrees to indemnify, defend and hold harmless the City and its officials, representatives and agents from any and all claims, demands, suits, or other forms of liability (monetary or otherwise) and for all legal costs resulting from any failure on the part of the Union to fulfill its duty of fair representation. Section 4. Indemnification. The Union shall indemnify the City and any Department of the City and hold it harmless against any and all claims, demands, suits, legal costs or other forms of liability, monetary or otherwise, arising out of, or by reason of, any action taken by the City or any Department of the City, at the direction of the Union for the purpose of complying with the provisions of this Article V. Section 5. Notice. The City shall provide the relevant Chairperson with written notification of any changes to any rules or procedures pertaining to hiring, promotion, demotion or termination. The terms of this Section 5 shall not be deemed to limit the authority or jurisdiction of the City. Section 6. Hires. The City agrees to complete and provide the Union with a copy of the Union's "New Employee Information Form" (Attachment C) for each newly hired employee who will be covered by this Agreement. Section 7. Residency. There shall be no residency requirement for employees covered by this bargaining unit. ARTICLE VI Union Rights Section 1. Bulletin Boards. The City will make available appropriate space for the posting of official Union notices of a non-political, non-inflammatory nature on existing City bulletin boards where bargaining unit employees normally work. The Union will limit the posting of Union notices to these bulletin boards. The City shall review material to be posted and may object to the posting of material that is political and inflammatory. The material posted will contain the date posted, date to be removed and an indication of who posted the material, within the parameters of this Agreement. Section 2. Visitation by Union Representative. A representative of the Union, and an off-duty
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bargaining unit officer or steward previously accredited to the City in writing, shall have reasonable access to the premises of the City during working hours with advance notice to the City Manager or his designated representatives under the conditions described below. Such visitation shall be for the purpose of helping to resolve a problem or dispute and such visitation shall not interfere with the activities of employees who are working. For any meeting or visitation called for or requested by Management requiring the presence of any on-duty Union Officers during working hours, it shall be the responsibility of Management and the employee to inform any other necessary managers of that employee's need to be at such meeting. Any meeting, visitation or conducting of union business requested of or by any Union Officer or Union employees under this section shall require notification of appropriate management, excepting that there shall be no restrictions on such meetings and no notice requirements if such activity is within an employee's established break or lunch period. The Union shall provide the City with a list of all officers, stewards and employee representatives for the purposes of this section. Section 3. E-Mail. The Union shall be permitted to send e-mails, using the City's e-mail system, to its members for the purpose of disseminating Union information of a non-political and non-inflammatory nature. Said information will consist of meeting notices, negotiation updates, Steward's names, election notices and results and the like. Any e-mail transmissions made under this section shall be in accordance with the City's Internet Usage Policy. Section 4. Orientation. The Union shall be permitted to present a two hour orientation, to be scheduled through the Department Head during normal work hours, on a one time basis to any newly hired employee who will be covered under this Agreement. ARTICLE VII Seniority Section 1. Definition and Accumulation. Unless otherwise provided in this Agreement, seniority shall be defined as a non-probationary employee's length of continuous full-time service in a position covered by this Agreement since the employee's last date of hire, less adjustments for layoff, approved leave of absence without pay (i.e., the employee is not receiving payment from the City), and all other unauthorized breaks in service. Provided, however, notwithstanding the above, seniority shall continue to accumulate, solely for the purposes of calculating any seniority preference in testing, time off selection and overtime assignments, when employee is on a leave, whether paid or unpaid. This practice shall not impact economic benefits, including but not limited to step increases and length of service calculations where length of service results in additional payment or benefits from the City. Section 2. Termination of Seniority. terminated when an employee:
Seniority and the employment relationship shall be
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a)
Quits.
b)
Is discharged for just cause.
c)
Applies for and is accepted under permanent disability, or is on a non-job-related temporary disability leave, including but not limited to any City leave or leave pursuant to IMRF, or other type of leave-based absence for a period in excess of one (1) year. Calculation of such leave shall be cumulative over any one (1) year period relative to the same disability.
d)
Retires.
e)
Does not report for work within forty-eight (48) hours after the termination of an authorized leave of absence unless the employee is able to demonstrate that the failure to notify the City was due to extraordinary circumstances beyond the employee's control.
f)
Is absent for three (3) consecutive working days without notifying the City unless the employee is able to demonstrate that the failure to notify the City was due to extraordinary circumstances beyond the employee's control.
g)
Is laid off and fails to notify the City of his intent to return to work within three (3) working days after receiving notification of recall or fails to report to work within fourteen (14) calendar days after receiving notification of recall; provided, however, that the City may waive the provisions of this subsection if the employee is able to demonstrate that failure to notify the City was due to extraordinary circumstances beyond the employee's control.
h)
Is laid off for a period exceeding two (2) full years.
Section 3. Probationary Period. All newly hired employees, and those employees rehired after loss of seniority, shall be considered probationary employees until they successfully complete a probationary period of six (6) months, as may be adjusted for any authorized unpaid leaves of absence or other unpaid breaks in service. During the probationary period, a probationary employee may be disciplined, discharged, laid off or otherwise dismissed at the sole discretion of the City, and neither the reason for, nor action taken, may be the subject of the grievance procedure. There shall be no seniority among probationary employees. The employee successfully completing the Probationary Period shall be fully covered by the provisions of this Agreement. Consideration of successful completion of the Probationary Period will be reviewed by the City following the completion of six (6) full months of service. If the City does not hold such review within thirty (30) days of the employee’s six (6) month anniversary, said employee shall be automatically certified as a member of the bargaining unit. Section 4. Job Vacancies. As soon as practical upon determination of the City Manager to fill a vacant position, the City agrees to post on bulletin boards a notice of any opening for any position covered by this Agreement with a detailed explanation of the requirements, hourly wage range and duties of the position, and to provide a copy of such notice to the Unit Chairperson and
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each current employee eligible to apply for such vacant position. A copy of the job description for the position will be made available to any applicant upon request. The City further agrees to take into consideration any applicant's prior City service; although the City reserves the right to choose the best available applicant for the job. Promotions to positions outside the bargaining unit shall not be subject to the grievance procedure. Eligible employees shall be allowed a minimum of ten (10) calendar days or as is mutually agreeable from the date of posting to remit any completed application to the Human Resources Department. Section 5. Other Temporary Assignments. Employees on temporary assignment to another division or workgroup shall be subject to the same overtime, break or hours of work requirements of the section or division to which the employee is temporarily assigned. Employees on temporary assignment to another division or workgroup shall maintain their divisional/workgroup seniority in the division/workgroup from which they were temporarily transferred. Section 6. Career Ladder. All initial hirings shall be made by the City in its sole discretion and such matters are not subject to this Agreement. Any bargaining unit employee who meets the qualifications of the promotional position as defined herein that is within the other bargaining unit shall be permitted to test as an inside candidate for any promotional position within the other bargaining unit; provided, however, if an employee is terminated from a position s/he shall be removed from all lists. If an employee changes units s/he will remain in the new unit for a minimum of one (1) year subject to Section 4, "Promotions Between Groups", below. 1. DEMOTIONS: An employee may be demoted from a higher class pay grade to a lower pay grade within the same or a different division under the following conditions: (a) An employee may be demoted upon the written request of the employee with the written consent of the City Manager. (b) In addition to any suspension that may be imposed, and in lieu of dismissal, an employee may be demoted for cause upon the direction of the City Manager. Such disciplinary demotions shall be subject to the grievance procedure provided for by the collective bargaining agreement. (c) Any employee who is demoted pursuant to a disciplinary demotion as provided by subsection (b) above shall not be eligible for a promotion for a period of two (2) years, unless this two year restriction is waived by the City Manager in the City Manager’s sole discretion. (d) In the event of a disciplinary demotion as provided for herein, the City shall not permanently fill the position from which the subject employee has been demoted until the grievance procedure has been concluded either by an award issued by an arbitrator; waiver of the -7-
grievance by the Union; or the expiration of a time limitation as provided for by the grievance provisions of the collective bargaining agreement; provided, however, that the subject position may be permanently filled by the City Manager if, in the City Manager’s sole discretion, the immediate permanent filling of the subject position is necessary for the good order and functioning of the City. It is also agreed that the demotions shall take precedence over lateral transfers and promotions when such demotion requires an opening to effect such change. A demoting employee must take and pass the exam for the lower position, unless otherwise agreed by the parties. Notwithstanding the above, if the demoting employee has previously performed the work of the lower position for a significant period (i.e., the demoting employee has a level of experience such that management is assured that the person is capable of performing the work) for the City, that employee will not be unreasonably required to test for the position. Demotions between Clerical Technical and Public Works Units are not permitted. 2.
LATERAL TRANSFERS: Lateral transfers shall be allowed within the pay grade within the bargaining unit as long as the employee meets the minimum requirements of the position. Employees making a lateral move must remain in the new position for one year, unless the employee is promoted to another position. A minimum of seven (7) calendar days notice of lateral transfer opportunities shall be given to the Unit Chairperson and to employees in the same job classification when there is a job vacancy. The notice shall list the position available, division to which it is assigned and the normal work day and/or work week of the position to be filled. It shall also indicate a due date as well as an indication of to whom a letter of interest should be forwarded by any interested employees. An employee seeking a lateral transfer must take and pass the exam for the new position, unless otherwise agreed by the parties. Notwithstanding the above, if the employee seeking a lateral transfer has previously performed the work of the new position for a significant period (i.e., the transferring employee has a level of experience such that management is assured that the person is capable of performing the work) for the City, that employee will not be unreasonably required to test for the position. A final decision shall be made by the Department Head of the position to be filled, based on the Department Head's good faith assessment of the applicant's suitability for the position to be filled, which assessment shall include but not be limited to a consideration of the applicant's ability and employment record. Lateral transfers between Clerical Technical and Public Works Units are not permitted.
3.
PROMOTIONAL VACANCIES: Following lateral transfers the resulting vacancy shall be filled as a promotional opening according to the following: Any interested bargaining unit employee (regardless of Department, Division or Chapter) who is in a position at which the highest hourly wage range is at or below the highest
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hourly wage range of the job classification in which there is a promotional opening shall be given the opportunity to apply and sit for the prescribed test for the open position, if s/he meets the required qualifications for the position. This limitation shall not apply to employees who missed the one and only opportunity of applying and testing for promotional positions for which they are qualified due to: 1. 2.
Being hired right after the in-house test but before the position is advertised and tested for outside. Being on authorized leave or on disability when the position was advertised and tested for in-house (unless notified of the test).
Employees falling within categories 1 or 2 above shall be given the opportunity to apply for and test for the position with outside applicants without eligibility for seniority points. Employees testing with outside applicants within the parameters of categories 1 or 2 above, who pass all parts of the exam, shall be given preference over such outside applicants and shall not be subject to the "rule of three" interview process. 4.
PROMOTIONS BETWEEN GROUPS: If an employee from one Group (i.e., Public Works or Clerical Technical) promotes to a position in the other Group, such employee's probationary period shall run as follows: Within the first ninety (90) days of said promotion, or within ten (10) days of the performance evaluation provided for in this section, whichever is later, the employee shall be entitled to return to his former position or equivalent position. The employee shall be given an evaluation by his supervisor on the eightieth (80th) day on the new job. If, within ten (10) days of the aforementioned performance review, in the City's sole discretion, the employee does not reasonably demonstrate the ability to satisfactorily perform the job, the employee shall be returned to her former position or equivalent position
5.
LATERAL TRANSFERS DUE TO WORK FORCE REDUCTION: In instances whereby lateral transfers (from one division/work group to another) occur due to a workforce reduction based on a wholly City/management initiative, the process for such selection shall be as follows: a) By volunteer (within the affected classification's division/work group as is applicable), with Citywide date-of-hire seniority providing the order of such "right of first refusal." b) By assignment (if insufficient volunteers are available) based on Citywide dateof-hire seniority within the affected classification's division/work group as is applicable, with the least senior qualified employee, if the position is one classified in subsection 3(a) (as promotional) or the least senior employee, if the position is one classified in subsection 3(b) herein (as entry level) receiving the mandatory lateral transfer. c) Vacant positions to be advertised publicly, if they cannot be filled through the career ladder process outlined above so long as the required qualifications have not been downgraded from what was originally advertised internally. -9-
The provisions of this section shall not be deemed to limit or infringe on the management authority, rights, or jurisdiction of the City, provided, however, where any part of this Agreement conflicts with any City rules or procedures, this Agreement shall be controlling. 6.
PROMOTIONAL PANEL: Notwithstanding anything to the contrary in this Agreement, all promotions shall be determined by a promotional panel consisting of two (2) members of management and two (2) members of the Union. Both Union and management panel members shall be selected by each party in each party's discretion. The City shall continue to create any applicable written tests for positions, and all oral interviews shall be conducted by the aforementioned promotional panel. In the event the promotional panel is unable to agree on a ranking of promotional candidates by a majority vote, promotional rankings shall be determined by the City Manager in the City Manager’s discretion. ARTICLE VIII Layoff and Recall
Section 1. Layoffs. If the City, in its sole discretion, determines that layoffs are necessary, employees will be laid off in the following order: a)
Temporary, part-time or seasonal employees in the affected classification within the affected department or division;
b)
Newly hired probationary employees in the affected classification within the affected department or division;
c)
In the event of further reductions in force, employees will be laid off from the affected classification within the affected department or division starting with the least classification seniority. When such reduction shall occur, the employee with the least classification seniority in the affected classification shall, based on City-wide seniority, displace the least senior employee in a lower or equally rated job classification in the bargaining unit, provided he is qualified to do the job and has the necessary City-wide seniority. For the purposes of this section, an employee shall be presumed to be qualified for a lower or equally rated job classification if the employee has previously held and satisfactorily performed in such position for not less than one (1) year or if the employee has previously been on the hiring list for such position within the previous five (5) years. For the purposes of this section, an employee shall not be considered unqualified for a lower or equally rated job classification solely because the employee does not then currently possess a license required by a current job description if such job description allows for a period of time to obtain such required license. For the purpose of clarification, such an employee shall be required to thereafter obtain the required license within the time period specified in the job description.
d)
An employee who is on layoff with recall rights shall retain his seniority and unused benefits accrued up to the effective date of the layoff and shall have the right to maintain
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insurance coverage by paying in advance the full applicable monthly premium for employee or dependent coverage, whichever may apply; provided, however, that the employee shall not be eligible to accrue seniority, sick leave and vacation leave during the layoff. An employee electing to participate in the insurance coverage while on layoff shall be allowed up to twenty-four (24) months of said participation and shall be reimbursed for any overpayment. If any non-probationary employee is laid off as a result of the foregoing layoff provisions, said employee may, at his option, bump any non-bargaining unit temporary, part-time, or seasonal employee employed by the City to perform work the same as or similar to work performed by bargaining unit employees, provided he is qualified to do the job of the displaced temporary, part-time, or seasonal employee. In such event, the employee shall not be in the bargaining unit; provided, however, that such employee shall retain the right to be recalled to a bargaining unit position in accordance with the provisions of this Agreement. Section 2. Recall List. Employees so laid off shall have their names placed on a recall list. The names of such laid off employees shall remain on the list for a period of two (2) full years. Section 3. Order of Recall. Employees on the recall list shall be recalled in seniority order within their job classification within the affected department or division, provided they are still qualified to perform the work in the job classification. The City will not impose new job tests when there has been no change in job duties. However, the City may require any returning employee to undergo, at the City's expense, a physical and/or mental examination by a physician and/or psychologist of City's choosing. Any person determined to be unfit for employment by the City on the basis of such examination shall be given notice of such determination, the basis therefore and an opportunity to present contrary evidence to the City Manager. The City Manager may thereafter require additional medical or physical examinations; but no such additional examinations shall be required except in the City Manager's sole discretion. The City Manager is vested with sole authority to make a final determination as to the physical or medical fitness of such employee for the relevant position. In event of a recall, the employee(s) shall be sent a letter by registered mail, return receipt requested, with a copy to the Union. The recalled employee shall notify the City of his intent to return to work within three (3) working days after receiving notification of recall and shall report to work within fourteen (14) calendar days of receiving notice of the recall. The City shall be deemed to have fulfilled its obligations by mailing the recall notice by registered mail. ARTICLE IX Wages Section 1. Wages. Effective at the beginning of the next payroll period immediately following the ratification of this Agreement by both parties, employees covered by this Agreement shall receive a two and one-half percent (2.5%) across the board hourly wage increase retroactive to January 1, 2015. Effective January 1, 2016, employees covered by this Agreement shall receive a two and one-half percent (2.5%) across the board hourly wage increase. The foregoing wage increases for 2015 and 2016 are the final agreement and resolution for wages for 2015 and 2016. - 11 -
The parties hereto further agree to a reopener for wages effective January 1, 2017 The parties agree to meet prior to December 31, 2016, for the purpose of discussing a wage settlement which would be effective during the fiscal year commencing January 1, 2017, and retroactive to January 1, 2017. Unless otherwise mutually agreed by the parties, such reopener negotiations for 2017 shall be solely restricted to wages as specifically applied to this Article IX of this Agreement and medical and health plans provided for in Article XIV of this Agreement. Effective January 1, 2017, employees covered by this Agreement shall receive hourly wage range increases for 2017commensurate with wage increases for 2017 provided to the City's police or fire bargaining units or to non-bargaining unit management employees, whichever is the greatest. Section 2. Hourly Wage Ranges. All full-time hires into job classifications covered by this Agreement hired after the ratification of this agreement by both parties shall be assigned to hourly wage ranges which consist of steps that are seventy percent (70%), seventy-five percent (75%), eighty percent (80%), eighty-five percent (85%), ninety percent (90%), ninety-five percent (95%) and one hundred percent (100%) of the maximum hourly wage range rate for all applicable job classifications. Said maximum hourly wage range rates may be modified from time to time as provided under Section 1 above. The time between each step shall be equal to at least one year of satisfactory service, with the exception of the first step, which shall be the starting rate. Progression through the steps shall continue to be based upon satisfactory performance. Section 3. Temporary Upgrading. To assure the orderly performance and continuity of municipal services, the City may, at its discretion, temporarily assign an employee on an acting basis to a higher position than his/her permanent classification. Such temporary assignment may be made to a vacant position in order to maintain the work flow during the normal appointment process, or to replace an employee temporarily absent for whatever reason, including, but not limited to, extended sick leave, worker's compensation leave, or any other leave. An employee temporarily upgraded shall receive the greater of one-step pay increase over their current rate of pay, or an increase equal to the minimum step of the position being temporarily filled starting from the first hour of the first day in such an assignment. Section 4. Shift Differential. Employees assigned to a work schedule with two (2) or more shifts as in the water treatment section may be eligible for a shift differential. Compensation for employees in the water treatment section will only be for hours actually worked during the time period specified below. Overtime rate shall not be applied to this provision. Time Period
Rate/Hour
3:30 p.m. - 11:30 p.m. 11:30 p.m. - 7:30 a.m.
$0.80 $0.99
Section 5. INTENTIONALLY OMITTED. Section 6. Water Operator I Class A Certification Increase. Any Operator I in the Water Department who successfully completes and receives a Class A Certification shall be entitled to - 12 -
a 5% or one Step hourly wage increase (whichever is greater), effective the pay period following the attainment of such certification. Certifications must be maintained in order to continue to earn the certification increase. All certification training shall be at the times designated by the Department Head and shall not be unreasonably denied. Section 7. Water Operator II Class A Certification. Maintenance of a Class A certification, if so required by an employee's job description at date of such employee's hire into said position, shall constitute an essential requirement necessary to perform the essential job functions of a Water Operator II position. Section 8. Water Relief Operator Increase. The Water Relief Operator I and II job assignments shall consist of performing maintenance and repair work, and other duties during a five-day Monday through Friday work week when not assigned to cover operations. They are part of the Water Operator work group. One or both of these persons will also act as Crew Leader(s) in charge of the hydrant flushing program as outlined below in this Agreement. Operations coverage shall primarily be for vacation, personal time and long-term illnesses of fellow Operators. The Water Relief Operator I and II positions shall be filled from the respective Operator work group as follows: 1. By volunteers (by seniority) from the Water Operator work group; 2. By filling of vacancy as outlined previously in this Agreement. Seniority shall be based on job classification first; and second, if needed, by time within division. The Water Relief Operator job assignments carry with them a one-step pay increase (5%) over their current step. This is to compensate for the irregularities in scheduling and the responsibility of being able to operate any shift at either plant. Section 9. SEIU National Industry Pension Fund. The City shall contribute funds to the SEIU National Industry Pension Fund according to the following schedule: Commencing January 1, 2010, the City shall contribute to the Fund at the total rate of 80¢ per paid hour for all employees covered by this Agreement. The aforementioned contributions shall be paid to the Fund on or before the 15th day of the month following the period for which contributions are due or before such other date as may be agreed between the City and the Union. Such contributions shall be transmitted together with a remittance report containing such information, and on such form as may be required by the Fund or their designee. Section 10. Longevity Pay. Effective January 1, 2014, employees with continuous service in a position covered by this Agreement shall receive annual longevity pay in accordance with the following schedule: Years of continuous service
Amount of annual longevity pay - 13 -
15 years but less than 25 years 25 years but less than 35 years 35 years or more
$750 $1,000 $1,500
Longevity Pay shall be considered part of the employee’s base salary for the purpose of computing the employee’s hourly rate of pay and for overtime purposes. Section 11. Fleet Safety Program All employees shall be subject to the provisions of the Fleet Safety Program attached hereto and made a part hereof as Attachment E. Section 12. Employee Review. Within thirty (30) days before or after the employee's anniversary date, the City shall review the employee's work performance to determine whether the employee will progress to the next step, when step increases are applicable. If the employee is on any contractually, legally or City-authorized leave (i.e., Family Medical Leave or worker's compensation, etc.) such review may be postponed an equivalent number of days to the total days of such absence. For purposes of clarification, an employee shall be reviewed when their aggregate time of service since the date of the last completed review equals twelve (12) months of active service. In the event the employee review is not conducted within the applicable established time frame, the employee shall automatically receive any step increase. ARTICLE X Hours of Work and Overtime Section 1. Application of this Article. This Article is intended to define the normal hours of work and provide the basis for the calculation and payment of overtime and shall not be construed as a guarantee of hours per day or per week, or a guarantee of days of work per week. Section 2. Work Week. Non-Shift Employees: Members assigned to the Streets, Water Distribution, Sewers, Traffic and the Fleet Services Divisions, Engineering Department and Land Management shall have a work week consisting of five (5) days of eight (8) hours each which shall normally be Monday through Friday. An eight (8) hour workday shall include one (1) fifteen (15) minute rest period and one (1) twenty minute paid lunch period. The lunch period will normally be taken between 12:00 p.m. and 12:20 p.m. as the division's operation allows. The aforementioned fifteen (15) minute rest period shall normally be taken between 9:00 a.m. and 9:30 a.m. as the Division's operations allow. For engineering inspectors during the months the engineering inspectors are working winter hours with a starting time of 8:00 a.m., the aforementioned fifteen (15) minute rest period shall normally be taken between 9:45 a.m. and 10:00 a.m., as the Division's operations allow. Other Non-Shift Employees: The work week for non-shift employees in divisions not listed above shall consist of five (5) days of eight and one-half (8-1/2) hours each which shall normally be between Monday through Friday, except for the two meter shop positions, which shall be Tuesday through Saturday. An eight and one-half (8-1/2) hour workday shall include two (2) fifteen (15) minute rest periods and one (1) thirty (30) minute non-paid lunch period. The lunch
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period will normally be taken between 12:00 p.m. and 12:30 p.m. as the division's operations allow. The first of the aforementioned fifteen (15) minute rest periods shall normally be taken between 9:00 a.m. and 9:30 a.m. as the Division's operations allow. The second of the aforementioned fifteen (15) minute rest periods shall normally be taken between 2:30 p.m. and 3:00 p.m., as the Division's operations allow. Shift Employees: The normal work week for shift employees shall consist of five (5) days of eight (8) hours each. An eight (8) hour workday shall include two (2) fifteen (15) minute paid rest periods as the department's operation allows. Section 3. Temporary Work Schedule Change. Should it be necessary for the City to temporarily establish a daily or weekly work schedule departing from the normal workday or normal work week, the City shall, where possible, give at least one week notice, except in emergency situations, to the employee or employees to be effected. Temporary schedule changes shall be for periods not to exceed twenty (20) consecutive working days. Time and one half (1-1/2) hours shall be paid for all hours worked in excess of twenty (20) consecutive working days. It is understood that temporary work schedule change shall not be used to effect a permanent schedule change by rotating employees to circumvent the provisions set forth above. When an employee, for the benefit of the City, in emergency situations is required to report to work earlier than his regular starting time or report later so as to work beyond his/her regular quitting time, he/she shall be paid time and one-half for the hours worked before or beyond his/her normal starting or quitting time. When the workday is changed for a period of longer than five (5) consecutive days, all regular hours worked commencing from the sixth day shall be compensated at the employee's straight-time hourly rate of pay. For the purposes of this section, "emergency situations" shall be defined to mean situations which arise which were not reasonably foreseeable at such time. Section 4. Street Sweeping. The Street Division shall operate an early street sweeping crew consisting of a minimum of two (2) persons (equipment operators). Additional crew members may be added as workload demands. This crew shall work five (5) days per week, 4:00 a.m. to noon, May through September. The work day for the aforementioned early street sweeping crew shall include one fifteen (15) minute break and one twenty (20) minute paid lunch period. The equipment operators assigned to the crew shall be selected as follows: 1.
By volunteers (by seniority) from the Streets Division.
2.
By appointment (by least seniority) from the Streets Division from a rotational list on a monthly basis.
If Utility Workers are needed for the crew, they shall be selected as follows: 1.
By volunteer (by seniority) from the Utility Workers in the Streets Division.
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2.
By appointments (by least seniority) from Utility Workers in the Streets Divisions from a rotational list on a monthly basis.
Should more than the requisite number of volunteers for the early street sweeping crew exist, a rotation schedule may be applied (as in Sewers and Water Distribution) if so agreed upon by the most senior volunteer person (s) already involved. Provisions shall be considered whereby those persons assigned to the aforementioned early crew may seek limited relief from the early assignment, provided there are replacement volunteers available to fill in. Notwithstanding the foregoing, and subject to the notice provisions for temporary work schedule changes in Section 3 above, the Public Services Director may alter the scheduling of and assignments for such early street sweeping based upon the bona fide operational needs of the Street Division or the Public Works Department. Section 5. Hydrant Flushing. The Water Department shall conduct a fire hydrant flushing program typically during April and May. Work shall be five days a week Sunday through Thursday from 10 p.m. until 6 a.m., not to exceed 25 working days during the aforementioned period. The work day shall include one 15-minute break and one 20-minute paid lunch period. Two utility workers shall be assigned from the Distribution Division as follows: 1.
By volunteers (by seniority) from the Distribution Division of the Public Works Department.
2.
By appointment (by least seniority) from utility workers in the Distribution Division of the Public Works Department.
Seniority shall be based on job classification first; and thereafter, if needed, by seniority within the Distribution Division of the Public Works Department. Should more than two utility workers volunteer for the hydrant flushing program, a rotation schedule may be considered if so agreed upon by the most senior volunteer person already involved. The Water Operations Division shall supply the relief operator, who shall be in charge of this program. Additionally, if management so determines, a summer season laborer may be assigned. Any person assigned to the aforementioned program may seek limited relief from the assignment, provided there is a replacement volunteer to fill in. Notwithstanding the foregoing, and subject to the notice provisions for temporary work schedule changes in Section 3 above, the Public Services Director may alter the scheduling of and the assignments for such hydrant flushing based upon the bona fide operational needs of the Water Department or the Public Works Department. Section 6. Current Starting Times. There shall be an effort to make starting times uniform within operating divisions depending on the requirements of the City. Except in an
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emergency, one week's notice shall, where possible, be given to all employees affected by changes in starting time prior to the change taking effect. The current starting times for most employees covered by this Agreement at the time of signature, except for special summer and winter starting times, are as follows: Engineering Department April 1 - November 30 December 1 - March 31 Traffic Division Street Division Sewer Division Distribution Division Land Management Division Water Plant (Non-Shift) Water Plant (Shift) Water Meter Shop Cemetery Operations Golf Maintenance Operations April 1 - August 31 September 1 - October 31 November 1 - March 31 Fleet Services
7:00 a.m. 8:00 a.m. 7:00 a.m. 7:00 a.m. 7:00 a.m. 7:00 a.m. 7:00 a.m. 7:30 a.m. 7:30 a.m. 3:30 & 11:30 p.m. 7:30 a.m. 6:30 a.m. 5:00 a.m. 5:30 a.m. 6:00 a.m. 7:00 a.m.
The City will notify employees and the Union Steward or officers of changes in starting times. Section 7. Job Creation. The City may create new bargaining unit positions with a normal work day or work week other than the normal Monday through Friday work day or work week. The Union shall first be given at least thirty (30) calendar days notice and shall be provided the opportunity to meet with the City Manager or his designee to present its views. Section 8. Overtime. Employees covered by this Agreement shall be paid one and one-half times their regular straight-time hourly rate of pay for all hours worked in excess of the scheduled eight (8) hours in a day or forty (40) hours in a week actually worked. For shift employees this would also be in excess of the scheduled eight (8) hours in a day or forty (40) hours in the normal work period actually worked. For the purpose of application of this section, hours worked shall not include sick time. In addition: a)
On the officially designated day on which Central Daylight Savings Time becomes effective (clocks turned ahead one (1) hour), employees on duty and actually working during the time change shall be paid for actual hours worked and shall be allowed to work their complete eight (8) hour shift.
b)
On the officially designated day on which Central Daylight Savings Time reverts to Central Standard Time (clocks turned back one (1) hour), employees on duty and actually working during the time change shall be paid for actual hours worked. Any hours actually worked beyond eight (8) hours shall be paid at the employee's applicable overtime rate of
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pay. c)
The Union employees of each work group or division shall develop a written policy on overtime assignment, and shall submit such written policies to the Department Head no later than ninety (90) days after Contract ratification. In the event the Workgroup or Division fails to provide the applicable Department Head with such a written policy by the above date, the applicable Department Head may institute such a policy. Such instituted policy may be at the applicable Department Head's discretion so long as such policy is not arbitrary, capricious, or unreasonable in its design. Any submitted policy shall also include a provision on mandatory overtime. The policy shall run concurrently with this contract, and shall outline criteria to be used in the overtime assignment; e.g., employee status, interests in available overtime, seniority and ability to perform the available work. The aforementioned written policies on overtime shall be subject to approval by the applicable Department heads, which approval shall not be unreasonably or arbitrarily withheld.
Section 9. INTENTIONALLY OMITTED. Section 10. Shift Compensation. Shift employees off duty and returning to work for attendance at departmental meetings, shall be paid a minimum of two (2) hours overtime pay for each such meeting attended in its entirety. If a shift employee is not notified via voice mail of the cancellation of a scheduled meeting prior to the end of the first shift on the day prior to the meeting and he/she shows up for the meeting, he/she shall be paid a minimum of two (2) hours pay at the applicable overtime rate. Section 11. Unmanned Shift Coverage. A shift employee assigned to a twenty-four (24) hour work shift schedule may be subject to a change in their work period when the shift employee assigned to the next scheduled shift provides less than twenty-four (24) hours notification to his/her supervisor that he/she is unable to report to work. Under such circumstances, the shift employee on duty shall be assigned coverage of the unmanned shift. Said employee may, at his/her option, contact either the employee scheduled to work immediately following the unmanned shift or a qualified off-duty employee in the same job classification, to work part or all hours of the unmanned shift. Any coverage of the unmanned shift by an employee other than the shift employee on duty must have the concurrence of the supervisor. Except in an emergency situation, shift personnel shall not be required or allowed to work more than sixteen (16) consecutive hours. Should an employee be required or allowed, due to said emergency situation, to work more than sixteen (16) consecutive hours, said employee shall not be allowed to return to work without being off duty a minimum of eight (8) hours from time they were relieved. Section 12. Length of Shift. Except in an emergency situation, personnel shall not be required or allowed to work more than sixteen (16) consecutive hours. Should an employee be required or allowed, due to said emergency situation, to work more than sixteen (16) consecutive hours, said employee shall not be allowed to return to work without being off duty a minimum of eight (8) hours from time said employee was relieved.
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Section 13. Standby Compensation. An employee who is placed on standby or on-call status by his/her supervisor will be paid two (2) hours pay at one and one-half (1-1/2) times his/her straight time hourly rate of pay on weekdays and three (3) hours pay at one and one-half (1-1/2) times his/her straight-time hourly rate of pay on weekends or days observed as holidays. An employee on standby status called out to work will receive compensation for the actual time worked at one and one-half (1-1/2) times his/her straight-time hourly rate of pay in addition to the scheduled standby compensation. A shift employee's days off following a regular shift shall be considered as his/her weekend off and shall qualify him/her for three (3) hours pay at one and one-half (1-1/2) times his/her straight-time hourly rate of pay when on standby on his/her days off. Section 14. Standby Policies. Employees on any of the standby rosters herein shall limit their alcohol intake and travel so that they can respond to the call-in to arrive at their reporting location capable of safely and legally performing safety sensitive tasks, driving City vehicles and operating City equipment. Employees on call must be no farther away than their residence or within a 60 minute response time to their reporting locations, whichever is farther. A.
Traffic, Water Distribution and Sewer Divisions. The following standby policies are hereby established for the Traffic, Water Distribution and Sewer divisions of the Public Works Department of the City of Elgin. A standby rotation roster shall be established for each division as provided herein. Each slot on a standby rotation roster shall constitute one week of standby duty. Separate standby rosters shall be established for each of the three divisions. Each roster shall contain a minimum of four (4) standby slots. There may be additional standby slots in the event more than four (4) qualified employees wish to be placed on the standby rotation roster. Each standby slot shall represent one (1) week and shall rotate with the remaining standby slots. The standby rotation roster shall be established and shall be in effect for twelve (12) calendar months. Starting with the most senior qualified employee in the relevant division, qualified employees will be given the option of selecting a slot on the roster. An employee may select up to two (2) slots provided all other qualified employees have had an opportunity to bid and the minimum four (4) slots have not been filled. In the event that after all employees have had an opportunity to bid and there remains fewer than four (4) slots filled, the Public Works Director shall place qualified employees within the remaining unfilled slots up to the minimum required, starting with the qualified employee with the least seniority. Trading of days or weeks with other qualified personnel may be allowed subject to prior approval of the Division Superintendent; provided, however, the employee newly assigned for the traded time shall remain in the rotation and shall be responsible for that time. Except as otherwise agreed to by the City, any employee who voluntarily gives up more than one consecutive week of the employee’s standby rotation shall be ineligible for
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inclusion on the standby roster for the remainder of that calendar year. The standby rotation roster, once established, shall be in effect for twelve (12) calendar months and shall be re-bid at the end of its term. Employees shall not be permitted to withdraw from the roster before the expiration of its term, except with the prior approval of the Division Superintendent, due to medical disability or when a qualified employee not on the roster is willing to replace the employee wishing to withdraw. In addition, the Public Works Director may permit an employee to withdraw due to unusual, unique or extraordinary circumstances or conditions affecting the employee; but only if such withdrawal will not reduce the roster below the minimum number of slots set forth above. In the event that during the term of this roster any person thereon leaves the division or employment of the City or is permitted to withdraw and is not replaced, the following provisions shall be utilized to fill all remaining time available: 1.
All qualified employees within the affected division but not currently on standby roster shall receive the first right of refusal, based on divisional seniority, for all remaining weeks made available through an employee's withdrawal from the standby list.
2.
Should weeks still be left after Step #1 is complete, all divisional employees currently on the standby list in the affected division shall be offered, by divisional seniority, the option to choose one (1) week (per employee) in rotational sequence until available weeks are exhausted.
3.
Should there remain unassigned standby slots after Step #2 is complete, the same procedure as outlined in Step #2 shall be applicable for the remaining time. Such bidding shall be for one day at a time and shall continue until all unassigned slots have been selected.
4.
Finally, any remaining unassigned slots, upon conclusion of all steps as outlined above, shall be assigned by the Public Works Director to the least senior qualified employee within the affected division.
Employees participating in the standby duty will be provided with a designated "on call" cell phone that will be their primary method of getting contacted while on standby duty. B.
Land Management Division Public Works Department. Additional Divisions. The following standby policies are hereby established for State Licensed Aquatic Facilities, and Forestry operations of the Land Management Division of the Public Works Department. A standby rotation roster shall be established for each operation as provided herein. Each slot on a standby rotation roster shall constitute one week of standby duty. 1. State Licensed Aquatic Facilities. A standby roster shall be established for State Licensed Aquatic Facilities which open
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during any given season. The roster shall contain a minimum of four (4) standby slots. Each standby slot shall represent one (1) week and shall rotate with the remaining standby slots. Weekly standby hours shall be Monday 6:30 a.m. to Monday 6:30 a.m. (or Tuesday at 6:30 a.m. if the preceding Monday was a covered holiday). The standby rotation roster shall be established by March 1st of each year and shall commence with the introduction of treated water to any covered location, and shall cease when all locations have been emptied of water for the season. Starting with the most senior qualified employee, such qualified employees shall be given the option of selecting a spot on the roster. An employee may select up to two (2) slots provided all other qualified employees have had an opportunity to bid and the minimum four (4) slots have not been filled. In the event that all qualified employees have had an opportunity to bid and there remains fewer than four (4) slots filled, the Land Management Superintendent shall place qualified employees within the remaining unfilled slots up to the minimum required, starting with the qualified employee with the least Divisional seniority. Trading of days or weeks with other qualified personnel may be allowed subject to prior approval of the Land Management Superintendent, provided that 72 hours notice is provided to the Land Management Superintendent. Such notice may be waived for emergency situations at the discretion of the Land Management Superintendent. The standby rotation roster, once established, shall remain in effect for the duration of the season, as referenced above, and shall be rebid by March 1st of the following year. Employees shall not be allowed to withdraw from the roster before the expiration of its term, except with the prior approval of the Land Management Superintendent. In the event that during the term of this roster a person thereon leaves the employment of the City or is permitted to withdraw, the remaining slot/slots shall be filled in the following manner: 1. By volunteer from qualified employees already on the roster, as determined by such qualified employee's Divisional seniority. By volunteers from qualified employees within the affected 2. Division, but not already on the established roster, as determined by such qualified employee's Divisional seniority. 3. Should slots still remain unfilled after all qualified volunteers have been given an opportunity to bid, remaining slots shall be filled by the Land Management Superintendent through appointment of qualified employees beginning with the qualified employee having the least Divisional seniority. Any employee on the standby rotation roster shall additionally be responsible for any/all regular Saturday and Sunday maintenance falling within their standby week Standby personnel will be responsible for all covered locations during their week on rotation only after such standby personnel have been trained at all locations. Minimum qualifications to be placed on the roster shall be:
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Pool/Spa Operators Certification or Aquatic Facilities Operators Certification; and At least one (1) cumulative season experience at the City of Elgin Pools. In order to ensure smooth departmental operation, the minimum qualification provision may be waived to allow additional personnel on the roster upon mutual agreement of the Land Management Superintendent and the Union Chairman or designee. 2. Forestry Operations. A standby roster shall be established for Forestry Operations. The roster shall contain a minimum of four (4) standby slots. Each standby slot shall represent one (1) week and shall rotate with the remaining standby slots. Weekly standby hours shall be Monday 6:30 a.m. to Monday 6:30 a.m., or Tuesday at 6:30 a.m. if the preceding Monday was a covered holiday. The standby rotation roster shall be established and shall run from January 1 until December 31 each year. Starting with the most senior qualified employee in the relevant operation, qualified employees shall be given the option of selecting a slot on the roster. An employee may select up to two (2) slots provided all other qualified employees have had an opportunity to bid and the minimum four (4) slots have not been filled. In the event that all qualified employees have had an opportunity to bid and there remain fewer than four (4) slots filled, the Operations Engineer shall place qualified employees within the remaining unfilled slots up to the minimum required, starting with the qualified employee with the least Divisional seniority. Trading of days or weeks with other qualified personnel may be allowed subject to prior approval of the Operations Engineer provided that 72 hours notice is provided to the Operations Engineer. Such notice may be waived for emergency situations at the discretion of the Operations Engineer. The standby rotation roster, once established, shall remain in effect for the duration of the calendar year and shall be re-bid by December 1 each year. Employees shall not be allowed to withdraw from the roster before the expiration of its term, except with the prior approval of the Operations Engineer. In the event that during the term of this roster a person thereon leaves the employment of the City or is permitted to withdraw, the remaining slot/slots shall be filled in the following manner: 1. By volunteer from qualified employees already on the roster, as determined by such qualified employee's Divisional seniority. 2. By volunteers from qualified employees within the affected Division, but not already on the established roster, as determined by such qualified employee's Divisional seniority. 3. Should slots still remain unfilled after all qualified volunteers have been given an
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opportunity to bid, remaining slots shall be filled by the Operations Engineer through appointment of qualified employee beginning with the qualified employee having the least Divisional seniority. Minimum qualifications to be placed on the roster shall be: A. B. C. D.
Certified Arborist License; Class B CDL Driver's License; Applicators License; and Assigned to the Forestry Workgroup
Call in Procedure for Forestry Operations: Recognizing that Forestry Call-in can vary from simple branch removal to long term emergency storm response, and recognizing the City's intent to respond to all Forestry related issues in a proactive manner, the City may, at its discretion, place additional personnel on standby to address any potential issue. Additionally, the following establishes the standard call-in procedure for Forestry: 1. To ensure the quickest response time, the first call for response, in any given week, shall go to the employee currently on standby for that week. Employee shall respond to any call-in within the agreed upon time limits set forth elsewhere in this document. 2. Upon notification, the on call employee shall alert the City Forester or designee and provide a description of what has occurred or is occurring. The City Forester, or designee may, upon being informed of the current situation status, report to the incident site for further or more detailed assessment; thereafter the City Forester or designee shall make any decision concerning calling in additional resources to ensure safe response. The City Forester shall not substitute himself in place of a Union employee in staffing an event. 3. If additional personnel are required, they shall be called in using the following procedure: (a) By Workgroup Seniority within the Forestry Workgroup (b) By Divisional Seniority from the established volunteer storm response list. For safety reasons, and in compliance with OSHA regulations, any chainsaw or chipper work performed on emergency call-in shall require a minimum of two Union employees present. Should an additional crew, (required to work in locations separate from the initial response crew) be called in order to ensure proper response, such crew shall also have a minimum of two Union employees present as defined above. Due to the dangerous work involved in Forestry emergency response, employees on such emergency response shall not be required to work more than sixteen (16) straight hours or
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sixteen (16) hours in a 24 hour period. Employees shall immediately notify the City Forester or his designee of any safety issues of which such employee has or should have reasonably become aware. The City shall reasonably respond to any safety related notification. Qualifications to be on the Forestry Supplemental Call List: 1. Class B CDL Driver's License; 2. Chainsaw Operation Certified, or minimum 6 months experience in chainsaw operations; 3. Experience working with wood chipper equipment; 4. Ability to lift and carry at least 50 pounds repeatedly; and 5. An understanding of safety procedures. Employees may volunteer to be on the Forestry Supplemental Call List without #2 provided their work does not involve chainsaw operation and they function as a basic laborer only in such situations. Section 15. Snow and Ice Control Plan Staffing. Snow and ice control plan staffing shall be subject to the provisions of the Snow and Ice Control Plan Staffing Agreement attached hereto as Attachment F. Section 16. Other Standby. Where need dictates, and the City, in its judgment decides to establish a standby policy for any other division(s) covered by this agreement, the City, while developing such standby policies, shall take into consideration the format of existing standby policies, and shall solicit input from the union and from employees affected by any such new policies. Section 17. Call-outs. When an employee is called back to work after having completed their assigned work or shift, or when they are called out on their day off, such employee shall receive a minimum of two (2) hours compensation, or their actual time, whichever is greater, at one and one-half (1-1/2) times his/her straight time rate of pay for the minimum two (2) hours or his/her actual time, whichever is greater. Section 18. No Pyramiding. Compensation shall not be paid more than once for the same hours under any provision of this Article or Agreement. For example, daily and weekly overtime will not be paid for the same hours worked. Section 19. Light Duty and Overtime. If an employee on light duty requests an overtime assignment, according to the terms of the City's, or his/her work group's, department's or division's policy, or pursuant to any applicable bargaining unit agreement on overtime assignments, such request shall be submitted in writing to the Department Head, who shall approve or deny such overtime request in his/her sole, reasonable discretion. The Department Head shall base such consideration upon the following factors:
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1.
The employee's stipulated medical or physical limitations;
2.
The physical requirements and environment of the overtime assignment;
3.
Whether the overtime assignment requires performance by a crew or a single person; and
4.
If the overtime assignment requires performance by a crew, whether the overtime assignment can reasonably be divided among the crew members so as to accommodate the employee's limitations without causing: a.
an unreasonably inequitable distribution of labor to other employees;
b.
an unreasonable risk to any other person; or
c.
an unreasonable risk to the affected employee.
Provided, however, that in the event the contemplated overtime assignment consists of job functions currently being performed by the employee on light duty, such employee shall be deemed to be eligible for the overtime assignment based on the above factors. ARTICLE XI Holidays and Personal Days Section 1. Recognized Holidays. The employees covered by this Agreement are eligible for the following holidays: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
New Year's Day Martin Luther King Jr. Birthday Memorial Day Independence Day Labor Day Thanksgiving Day The day following Thanksgiving Day Christmas Eve Christmas Day New Year's Eve
Section 2. Holiday Observance. The standard observance of recognized holidays will be on the day they occur. For employees whose regularly scheduled work week does not include Saturday and/or Sunday: when a holiday falls on Saturday, the preceding Friday shall be observed, and when a holiday falls on Sunday, the following Monday shall be observed. If Christmas and New Year's Eve fall on a Friday, that Friday plus one floating holiday shall be granted for each of Christmas and New Year's Day. If Christmas and New Year's Eve fall on a Sunday, the
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following Monday plus one Floating Holiday shall be granted for each of New Year's Eve and Christmas Eve. Such Floating Holiday shall only be used after October 1 of the same year. Section 3. Floating Holiday Pay Eligibility. Employees will be eligible for cash payment if a floating day scheduled as time off is canceled by the Department Head because of emergency reasons and cannot be rescheduled by December 31st. Such payment shall be equal to his/her straight-time hourly rate of pay times eight. Section 4. Holiday Pay Eligibility. In order to be eligible for holiday pay, the employee must work his/her last full scheduled working day before and immediately following the day observed as a holiday, unless one of these days is the employee's scheduled day off or unless the employee is excused in writing by his/her supervisor because said employee is off work as a result of authorized paid leave. If an employee has been required to submit a written statement as provided in Article XIII, Section 5, in the previous 12 month period, and said employee takes a sick day either the day immediately before or immediately after a holiday, the employee will not receive holiday pay. Section 5. Holiday Remuneration. Non-shift employees who do not work on an observed holiday shall receive eight (8) hours' holiday pay at his/her straight-time hourly rate. A non-shift employee required to work on an observed holiday because of a call-out will be paid at the applicable overtime provisions in addition to his/her holiday pay. Section 6. Shift Holiday Pay. Any shift employee assigned to work a schedule with two (2) or more shifts in a twenty-four hour shift operation, working on any holiday, shall receive holiday pay at one and one-half (1-1/2) times the normal rate of pay for all hours worked on the holiday. When a holiday falls on an employee's regularly scheduled day off, the employee shall have the option of receiving holiday pay at the applicable rate of pay or requesting alternative scheduled holiday time off to be taken only on a Thursday maintenance day, within six (6) months of the recognized holiday. Section 7. Personal Days. Employees shall be eligible for four (4) personal days in any one payroll year for all employees on the payroll as of January 1st. Employees hired after January 1st but before June 30th of the same payroll year shall be eligible for two (2) personal days. A. Non-shift Employees. Non-shift employees requesting a personal day shall give at least twenty-four (24) hours notice, except in an emergency, in which case the employee shall give as much notice as is reasonably possible. B. Shift Employees. For purposes of interpretation of this section, shift employees assigned to an operation with a twenty-four (24) hours schedule consisting of an eight (8) hour workday shall receive personal days as set forth above. Any time off for a personal day shall be scheduled with the approval of the employee's immediate supervisor or his designee and any such approval shall not be unreasonably withheld provided that if one employee on the same shift has already requested that day as a personal day, any additional requests may be denied without being deemed unreasonable.
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ARTICLE XII Vacations Section 1. Vacation Eligibility. Employees covered by this Agreement who have been employed by the City for a period of at least one (1) year, shall be entitled to a vacation as follows: Years of Continuous Service
Length of Vacation
First (1st) year to sixth (6th) anniversary
Two (2) weeks 80 hours
Seventh (7th) year to thirteenth (13th) anniversary
Three (3) weeks 120 hours
Fourteenth (14th) year to twentyfirst (21st) anniversary
Four (4) weeks 160 hours
Twenty-Second (22nd) year and over
Five (5) weeks 200 hours
The employee's anniversary date of continuous employment from the last date of hire as a fulltime employee shall be the basis of calculation for length of service. This section shall not be construed so as to limit any employee’s ability to request and utilize earned vacation time during or within such employee’s first full year of employment. Section 2. Vacation Accrual. Vacation hours are accrued each bi-weekly pay period if the employee is paid for a minimum of sixty (60) hours, inclusive of holiday, vacation, sick leave, worker's compensation or authorized leave. An employee does not earn vacation hours while he/she is absent "without leave"; on "leave without pay"; or extending out accrued vacation hours upon retirement. Employees shall be allowed to accumulate vacation according to the provisions of the City Ordinance S14-97, providing for the accumulation of vacation leave, as the same may be changed from time to time by the City Council. Section 3. Vacation Pay. For each week of vacation, an eligible employee shall be entitled to a vacation allowance of forty (40) hours' pay (8 hours per day) at the employee's regular straighttime hourly rate of pay. Section 4. Increasing Vacation. The annual vacation leave an employee actually takes in any payroll year may be increased by the conversion of accrued sick leave. An employee with more than sixty (60) accrued sick leave days, which is the equivalent of 480 sick leave hours, is eligible to convert and take up to five (5) additional vacation days in the payroll year, as long as the remaining balance of accrued sick leave days shall not total less than sixty (60) days. Such conversion shall be three (3) days of sick leave for one (1) additional day of vacation leave. Such additional vacation leave shall be taken during the same payroll period as it is converted,
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and shall be scheduled only after all other employees in the department or division have scheduled their vacation leave. Shift employees shall be allowed to utilize shift-trades for the purpose of extending authorized leaves. Requests for shift-trades may be denied if such requests conflict with other authorized leaves of absence or vacations. Trades shall only be allowed between employees who are qualified to do each others' jobs. Section 5. Scheduling of Vacation. Vacation shall be scheduled insofar as is practicable, at a time most desired by each employee, with preference being given to employees on the basis of full-time city-wide seniority. The final right to designate vacation periods and the number of employees who may be on vacation at any one time is solely and exclusively reserved to the City through the applicable department head in order to insure the orderly operations of the City and department. The granting of vacation times shall not be unreasonably denied, however; and unless specifically modified elsewhere in this Agreement, a minimum of two (2) employee requests per division/workgroup, as is applicable, shall be made available for vacation usage. Section 6. Vacation to Sick Time Transfer. Any covered employee may, at his/her discretion, convert unused vacation time into sick time for the purposes of extending their service credit upon retirement or providing additional coverage for approved FMLA leave. The following restrictions shall apply to any utilization of this section: 1.
The employee must have already vested in the IMRF pension program;
2.
The employee may not extend FMLA coverage beyond the twelve (12) week maximum allowed under law;
3.
The employee may not convert more than five (5) days per year for a maximum of five (5) years;
4.
The employee must be eligible for a sick leave bonus (at any level) in the same year in which such conversion is being sought; The employee must notify the Human Resources Department of his/her intent to convert vacation time to sick time thirty (30) days prior to the end of the calendar year in which such conversion is sought. The Human Resources Department, upon such notification, shall provide to the employee a written receipt of such notification along with notice of how much time is being approved for conversion; and
5.
6.
Such conversion shall take place at the end of the last pay period of the fiscal year in which it is requested. ARTICLE XIII Sick Leave
Section 1. Sick Leave Accumulation. Employees covered by this Agreement shall earn sick leave by accumulating the equivalent of twelve (12) days of sick leave on the basis of 3.692
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hours of sick leave each payroll period. Sick hours are accumulated each payroll period if the employee is paid a minimum of sixty (60) hours inclusive of holidays; personal days; vacation; sick leave; worker's compensation; or authorized leave "with pay." An employee does not earn sick hours while he/she is absent "without leave"; on "leave without pay"; or extending out accrued vacation hours upon retirement. Employees may accumulate sick leave up to a total maximum accrual of 240 sick days; which is the equivalent of 1920 hours of sick leave. Section 2. Sick Leave Allowance. Sick leave is a term insurance-type benefit that should be used by the employee only when needed and an employee may charge time to sick leave only for the following reasons:
Non-service related illness or injury of an employee that renders him/her unable to perform the duties of his/her position, except that an employee shall not be eligible for sick leave benefits under this section for injuries incurred while working for another employer where the employee is receiving Worker's Compensation from the other employer or would be eligible to receive Worker's Compensation.
Illness of a member of the employee's immediate family requiring the employee's personal care and attendance, and which would create a hardship on the employee or the employee's family if such employee reported to work.
Death of a member of the employee's immediate family for which up to three (3) consecutive workdays may be charged to sick leave. Members of the immediate family shall include: spouse, child, mother, father, mother-in-law, father-in-law, brother, sister, grandmother, grandfather, stepchild and stepparent.
Funeral of a close friend or relative. Such leave shall be limited to travel time and necessary attendance at the funeral.
The first three (3) days off work because of an on-the-job injury, when said days are not covered by the State of Illinois Worker's Compensation Statutes.
Section 3. Sick Leave Pay. The rate of sick leave pay shall be the employee's regular straighttime hourly rate of pay in effect at the time the sick leave is being taken. Requests for paid sick leave shall not be made in excess of the total hours of accrued sick leave. When an absence chargeable to sick leave exceeds accrued sick leave hours, the balance will be charged to accrued vacation hours or personal leave hours. Section 4. Notification. It is the responsibility of each employee requesting paid sick leave to notify their immediate supervisor, other supervisors within the department, or other employee(s) that may be designated by the supervisor, if the supervisor is not available, of such request for paid sick leave. Said notification shall be made at least (30) minutes (sixty (60) minutes for employees assigned to a work scheduled with two (2) or more shifts) before the employee's scheduled starting time. An employee who becomes ill during work shall notify their immediate supervisor, other supervisors within the department or other employee that may be designated by the supervisor if the supervisor is not available, before leaving work. The lack of the - 29 -
aforementioned notification shall cause the employee to be absent without pay, unless the employee can document that it was impossible to provide such notification. Sick leave notification must be made each workday that paid sick leave is being requested, unless this requirement is expressly waived by the employee's supervisor. A doctor's slip may be required for absences on days before and after a paid holiday where there is a record of abuse of sick time. Section 5. Employee Release. Any employee who is sick or disabled for three (3) nonsequential, non-continuous occurrences or five (5) total days in any forty-one (41) day period may be required to secure and submit a written statement from a licensed practicing physician, certifying their capacity to return to work and resume the full duties of their position; and also certifying the existence of a reasonable medical reason for the absence. Any employee who is sick or disabled for ten (10) or more consecutive workdays shall be required to secure and submit such a written statement. An employee certified by a written physician's statement as capable for light duty work may be required to return to work for such light duty work. Any written release or certification must be submitted to the employee's supervisor before the employee will be permitted to return to work. Section 6. Sick Leave Incentive Recognition. In recognition of the non-use of sick leave, all employees on the payroll for the full payroll year (actually working a minimum of 1560 regularly scheduled hours) shall be eligible for a sick leave incentive recognition bonus for that year's accrued sick leave days in accordance with the following schedule: Citywide Seniority 1-6 years 7-13 years 14-19 years 20 years and over
Recognition Bonus $20 per day $30 per day $40 per day $50 per day
Following the end of the payroll year, payment will be made for any bonus recognition for which an employee may be eligible. Funeral Leave Exemption. For the purpose of this section, sick leave utilized for the purpose of attending the funeral of a close friend or relative or due to the death of a member of the immediate family (up to a maximum of forty (40) hours) shall not be counted when computing the Sick Leave Incentive. Section 7. Separation from Service. Employees, upon their resignation or retirement, may be eligible to convert accrued sick leave for severance pay. The employee with more than ninety (90) accrued sick leave days, which is the equivalent of 720 sick leave hours, may convert up to twenty (20) days or 160 hours of severance pay, as long as the remaining balance of accrued sick leave days shall not total less than ninety (90) days. Such conversion shall be at the rate of three (3) days of sick leave for one (1) day of severance pay. ARTICLE XIV Medical and Health Plans
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Section 1. Medical and Health Coverage. Full-time employees who have been employed for at least thirty (30) days will be eligible to elect one of the following health and medical coverage options for themselves and their dependents. The City reserves the right to change insurance carriers, self-insure or implement cost containment features so long as the overall coverage available to employees employed upon the effective date of this Agreement is substantially the same. Any difference between an employee (or his beneficiary) and the health plan provider(s) or the processor of claims shall not be subject to the grievance procedure as set forth in this Agreement. Section 2. Medical Insurance. The City will offer a group medical insurance plan for the employee and their dependent(s). Effective January 1, 2015, employees hired prior to July 1, 2012 shall pay twelve percent (12%) of the total cost of the premium for medical insurance. Employees hired on after July 1, 2012, shall pay twenty percent (20%) of the total cost of the premium for medical insurance. The City's basic comprehensive major medical insurance plan for employees covered by this Agreement shall include the following provisions: 1. $200 deductible per person, limit three (3) deductibles per family ($600 per family); provided, however, that such deductible per person shall be raised to $300 ($900 per family) in the event that such $300 per person deductible is implemented city-wide. The parties shall meet annually upon receipt of health insurance renewal proposals to review such deductible provisions. 2.
$5,000,000 Major Medical Limit.
Section 3. Health Maintenance Organization. The employee may, as an option, elect to participate in any eligible Health Maintenance Organization (HMO) certified with the City. Effective January 1, 2015, employees hired prior to July 1, 2012 shall pay 12% of the total cost of the premium for HMO insurance. Employees hired on or after July 1, 2012, shall pay 20% of the total cost of the premium for HMO insurance. Section 4. Dental. Employees covered by this Agreement who have been employed for at least thirty (30) days shall be eligible to participate in a dental insurance plan offered and administered by the City. Participation in the plan shall be at the employee's option. The full amount of the premium and liability for the plan shall be paid by the employee through payroll deduction. The monthly administrative fee for said plan shall be paid by the City. Section 5. Early Retirement. An employee who is a participant in the Illinois Municipal Retirement Fund who retires and is qualified to receive an immediate pension may elect to continue participation in the City's group comprehensive major medical insurance program upon retirement. Said participation shall be available only on a continuous coverage basis and by the retiree paying 100% of the applicable premium, payable in advance on a monthly basis. If a retiree fails to make the applicable monthly payment by the beginning of the month, coverage will be terminated. The right of a retiree to continue coverage under the provisions of this
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Section shall terminate when the retiree (1) returns to active service, (2) loses his/her rights to pension benefits, or (3) dies. Notwithstanding anything to the contrary provided for by this agreement, bargaining unit members hired prior to March 1, 2010, who meet the eligibility requirements outlined in the city ordinance on the program for continuation of health insurance (Ordinance No. G70-02) shall be eligible for a retiree insurance premium subsidy pursuant to the said program. The retiree insurance premium subsidy described above shall not be available to any employee hired after March 1, 2010. Such employees shall not be entitled to any retiree insurance premium subsidy. Section 6. Health Insurance Opt-Out. Employees who have alternative health insurance coverage may elect to discontinue to participate in the City's health insurance plan pursuant to the City's health insurance opt-out program adopted pursuant to Resolution No. 05-38, as amended by Resolution No. 09-24. The opt-out benefit to such employees shall be in the annual amount of $3,000 prorated based upon employment with the City during the applicable plan year and shall be paid at the employee's option either to a Health Reimbursement Account or in the form of additional compensation to the employee to be paid in a lump sum, less appropriate deductions, on the first pay day in December in the applicable plan year. Section 7. HMO Stipend. Any employee who provides the City with a written commitment to opt for coverage under the City’s HMO Blue Advantage insurance plan for a four year period on a form provided by the City shall receive a one-time cash payment of $1,000 within two pay periods from the close of open enrollment and the employee's submission of the aforementioned form. In the event any such employee fails to fulfill or otherwise breaches said aforementioned four year written commitment, such employee shall agree to refund the aforementioned $1,000 to the City at the rate of $100 per pay period if such employee was previously covered under the City’s Blue Cross/Blue Shield Blue Advantage HMO insurance plan prior to the date of the aforementioned written commitment. If the breaching employee was covered under the City’s PPO or Blue Cross/Blue Shield HMO of Illinois (non-Blue Advantage) insurance coverage, such employee shall refund the City a proportionate share of the $1,000 on a pro rata basis at the rate of $100 per pay period. Employees hired after March 1, 2010, shall not be eligible for the aforementioned stipend. Section 8. Notification of Qualifying Event. Employees shall notify the City’s Human Resources Department of any qualifying event (e.g., divorce, birth of a child) within thirty (30) days of the event. If the employee fails to notify the City’s Human Resources Department within the aforementioned time frame, the employee shall be responsible for and shall reimburse the City for the City’s share of the additional premium if any. Section 9. Reopener for Medical and Health Plans. The parties hereto further agree to a reopener regarding medical and health plans for 2016 whereby the parties agree to meet prior to October 15, 2015, for the purpose of negotiating terms for medical and health plans which be effective during the fiscal year commencing January 1, 2016. The parties hereto further agree to a reopener regarding medical and health plans for 2017 whereby the parties agree to meet prior
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to October 15, 2016, for the purpose of negotiating terms for medical and health plans which would be effective during the fiscal year commencing January 1, 2017. The purpose of such reopener negotiations shall be bargaining and attempting to agree to the implementation of changes needed to the city's medical and health plans including in order to avoid the anticipated imposition of the so-called Cadillac tax of the Affordable Care Act. The parties shall attempt to agree on changes to Article XIV for medical and health plans to be effective for 2016 prior to December 15, 2015, and to attempt to agree on changes to Article XIV for 2017 prior to December 15, 2016. Unless otherwise mutually agreed by the parties, such medical and health plans reopener negotiations for 2016 shall be solely restricted to medical and health plans as specifically applied to Article XIV of this Agreement. Unless otherwise mutually agreed by the parties, such medical and health plans reopener negotiations and the wage reopener negotiations for 2017 shall be solely restricted to medical and health plans and wages as specifically applied to Article XIV and Article IX of this Agreement. ARTICLE XV Health Club Membership The City shall agree to provide a Health Club Membership benefit, applicable only at the Centre of Elgin, for all covered Bargaining Unit Employees. The value of such membership shall be equal in amount to what is currently defined as the Silver Membership level. Should the City, during the term of this agreement, increase the cost of such Silver Membership, or its equivalent, the amount of benefit per covered Bargaining Unit member shall increase accordingly. ARTICLE XVI Life Insurance Effective the beginning of the first month immediately following the ratification of this Agreement by both parties, the City shall provide each employee covered by this Agreement who has been employed full-time for thirty (30) days or more, with a paid $70,000 group term life insurance policy (including accidental death and dismemberment). Employees in the bargaining unit may, at their option and at their cost, purchase additional group term life insurance up to double the base amount to the extent allowed by the carrier. ARTICLE XVII Tool Reimbursement Effective upon the date of signature of this Agreement by both parties, non-probationary employees in the positions of Automotive Mechanic, Automotive Service Worker, and Land Management Mechanic covered by this Agreement shall be eligible for an annual tool reimbursement. Said reimbursement shall be up to $1,200 for the Automotive Mechanics and $350 for the Automotive Service Worker and Land Management Mechanic positions per calendar year, upon presenting receipts of tool purchases to their respective supervisors. Any employee receiving such allowance shall refund to the City any tool allowance amount paid by - 33 -
the City on a pro rata basis for any time period between such employee's separation of employment from the City and the end of the calendar year. City may deduct such refund amount from such employee's pay. ARTICLE XVIII Employee Discipline Section 1. Employee Discipline. The City Manager may impose and enforce disciplinary measures against the employees covered by this Agreement. Such disciplinary measures against employees may include, but are not limited to, written reprimands, suspensions without pay or removal or discharge. No non-probationary employee covered by this Agreement shall be suspended for more than thirty (30) days or removed or discharged from employment with the City except for cause. Employees are expected to comply with and to assist in carrying into effect the provisions of established City Council policies, City Personnel Rules and Regulations and departmental rules and policies. When disciplinary action is warranted it shall normally be of an increasing progressive nature, the order normally being 1) written reprimand; 2) suspension without pay; and 3) demotion or dismissal. However, this normal progression shall not restrict the imposition of an advanced level of disciplinary action by the City whenever the situation warrants. Section 2. Verbal Counseling. Generally, to the greatest extent practicable, employees shall be provided with verbal clarification and direction as to work performance which may violate any practice, policy or rule of the department or City, or which may otherwise constitute a basis for discipline if such behavior or performance is continued or uncorrected. Such verbal clarification, counseling or correction shall not constitute nor be construed as discipline. Such verbal clarification, counseling or correction may be included as part of an employee's next written performance review or evaluation, but shall not otherwise be included in an employee's personnel file. However, the provisions of this section shall not restrict the imposition of an advanced level of disciplinary action whenever the situation warrants. Section 3. Meeting Prior to Suspension or Termination. No non-probationary employee covered by this Agreement shall be suspended or removed or discharged from employment with the City without first being given the opportunity to discuss in a meeting with the department head of the subject non-probationary employee the incident/situation giving rise to the proposed suspension or removal or discharge. The foregoing provision that a non-probationary employee be given the opportunity to meet with the department head prior to the imposition of a suspension or removal or discharge shall not apply if the incident/situation involves alleged criminal or unlawful activity which in the reasonable opinion of management requires immediate action to maintain order or to protect the workplace or public safety. Disciplinary measures involving suspensions of thirty (30) days or more or removal or discharge from employment with the City may be imposed and served at the City's discretion at any time following the meeting provided for in this section. Disciplinary measures involving suspensions of twenty-nine (29) days or less and for which a timely and proper Step 3 grievance to arbitration has been filed shall be imposed and served only following and in accordance with an arbitrator's decision or the withdrawal or dismissal of the grievance to arbitration.
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Section 4. Expungement of Records. In keeping with the parties’ Agreement that discipline is to be corrective, all files maintained concerning an employee shall be expunged of any reference to such employee's disciplinary history if there has been no recurrence of the type or kind of conduct giving rise to the discipline in accordance with the following schedule: Written reprimand Disciplinary suspension Discipline involving a violation of the City's anti-harassment/non-discrimination Policy
-
three (3) years no expungement
-
no expungement
The burden of effecting such expungement shall be on the employee. ARTICLE XIX Grievance Procedure Section 1. Definition of Grievance. A grievance for the purpose of this Agreement is defined as a difference of opinion between an employee, or the Union, and the City with respect to the meaning or application of the terms of this Agreement or the inequitable application of rules, regulations, personnel policies or procedures as may be adopted by the City during the term of this Agreement or matters involving the suspension or the removal or discharge from employment with the City of non-probationary employees covered by this Agreement. Such disciplinary grievances shall be initiated at Step 2 of the grievance procedure. The contractual grievance and arbitration procedure shall be the sole recourse for appealing such disciplinary action and shall be in lieu of the provisions relating to disciplinary procedures and disciplinary hearings for civil service employees in the Civil Service in Cities Act at 65 ILCS 5/10-1-1, et seq., as amended, and in lieu of disciplinary proceedings before the City of Elgin Civil Service Commission; provided, however, that any grievances based upon inequitable discipline as between employees shall cite, in writing on the face of the grievance form, to a minimum of one instance in which a similarly situated employee received discipline on an inequitable basis to the grievant. Failure to so cite shall result in the grievance not being processed or entertained, and shall be deemed settled in favor of the City. In the event it is later determined that the citation to a similarly situated employee is incorrect, this error shall not affect the processing of the grievance in any way and the City shall continue to process and entertain the grievance. Further, if the Union submits an information request concerning discipline of similarly situated individuals, this will stay the time period for the filing of the grievance until seven (7) calendar days after the City's response is provided to the Union. For the purposes of this section, the term "similarly situated" shall not be construed to include non-bargaining unit employees. The City shall not be required to comply with the requirements of the Personnel Record Review Act (820 ILCS 40/0.01, et seq.), as amended, as a result of compliance with any such information request. No union member shall file any lawsuit based on an alleged violation of the PRRA resulting from the City's providing of information to the Union pursuant to this section.
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Section 2. Meeting Prior to Filing of Grievance. Except for disciplinary grievances, no grievance shall be filed by an employee, group of employees or the Union without first giving the department head, or his/her designee, of the aggrieved employee(s) the opportunity to discuss in a meeting the incident/situation giving rise to the grievance. Neither party shall knowingly withhold any relevant information. Should previously undisclosed information become known by either party at any stage of the grievance process, such information shall be immediately disclosed to the other side. Any such information disclosed during any hearing step of any grievance which has not been heretofore disclosed to both parties prior to such hearing step, upon such disclosure, shall, upon request of either party, cause an immediate recess of the current step for a time period of seven (7) calendar days (or as may be mutually agreed between both parties) so that the party receiving such previously undisclosed information shall have sufficient opportunity to review such newly disclosed evidence and re-present its position as may be necessary. Meetings and hearings shall be held at such times as shall be mutually agreed to, but shall in no event, except at management's sole discretion, be held at times that require shift adjustments or overtime payments to cover attendance at such meetings or hearings. The meeting to discuss prior to the filing of the grievance shall take place no later than seven (7) City Hall business days, unless otherwise mutually agreed by the parties, of the date of the event giving rise to the grievance or the date the aggrieved employee(s) should have known of the occurrence of the first event giving rise to the grievance; provided, however, that the deadline to file a grievance may be extended in order to provide an opportunity for the Department Head and the Union to meet. A "notice of intent to grieve" shall not constitute a notice of opportunity to meet, and shall not constitute the filing of a grievance, and shall have no effect. Any grievance filing time limits shall be stayed an equivalent number of days from the date of the filing of the notice of opportunity to meet (sent from Union to Department Head) to the date of either Department Head's written response following the holding of such a meeting or a written waiver of the opportunity to meet by the Department Head. If the Department Head does not respond to the notice of opportunity to meet within five (5) City Hall business days of his receipt of said notice, the opportunity to meet provided for herein shall be deemed waived. Section 3. Grievance Procedure. Recognizing that any grievance should be raised and settled promptly, a grievance must be filed no later than ten (10) calendar days from the date of which the aforementioned meeting prior to the filing of a grievance took place or of which the last date by which the meeting prior to the filing of a grievance should have taken place. A grievance shall be processed as follows: STEP 1: Meeting with Department Head. The employee, group of employees, or the Union shall file the grievance in writing to the applicable department head within ten (10) calendar days of the date of the meeting provided for in Section 2 ("Section 2 Meeting") herein; within ten (10) calendar days of the last date to respond to any Section 2 Meeting opportunity to meet notice; or within ten (10) calendar days of the date of any waiver of a Section 2 Meeting opportunity to meet, whichever is earliest. The department head or designee shall schedule a meeting within seven (7) calendar days of receipt of the grievance. Such meeting
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will be held with the aggrieved employee(s), the Union Chairman or designee, and either the steward of the affected employee(s) or the relevant department vice-chairperson. The Management representative will give his answer in writing within seven (7) calendar days of the meeting. . STEP 2: Appeal to City Manager. If the grievance is not settled in Step 1, and the aggrieved employee(s) and the Union decide to appeal from a Step 1 answer when applicable, the Union shall, within seven (7) calendar days after receipt of the Step 1 answer, file a written appeal or initial grievance as may be appropriate with the City Manager. A meeting between the City Manager, or his designee, and the appropriate Union representative, shall be scheduled within ten (10) calendar days of receipt of such appeal or initial grievance. If no settlement is reached at such meeting, the City Manager, or his designee, shall give his answer in writing within ten (10) calendar days of the meeting. If the grievance concerns the imposition of discipline, the aggrieved employee(s) and the Union shall within ten (10) calendar days of the aggrieved employee(s) receiving notice of the proposed discipline from the City, file such written grievance with the City Manager. A meeting between the City Manager or his designee, and the appropriate Union representative, shall be scheduled within ten (10) calendar days of receipt of such grievance. If no settlement is reached at such meeting, the City Manager or his designee shall give his answer in writing within ten (10) calendar days of the meeting. STEP 3: Arbitration. If the grievance is not settled in accordance with the foregoing procedure, the Union may give written notice to the City Manager within ten (10) calendar days after receipt of the City’s answer in Step 2 of its initial intent to proceed to arbitration. The Union shall notify the City no later than six (6) months from the date of the above-referenced written notice as to whether the SEIU Local 73 Arbitration Committee has agreed to proceed to arbitration. If no such notice is received by the City by such date; or if the aforementioned notice informs the City that the Union is declining to arbitrate the grievance, the matter shall be deemed to be resolved as determined in Step 2. The parties shall attempt to agree upon an arbitrator promptly. In the event the parties are unable to agree upon an arbitrator, the parties shall then use one of the arbitrators listed in Attachment G hereto. Such arbitrators shall be assigned/selected on a rotational basis subject to availability commencing with the first named arbitrator on such listing. Such listing of arbitrators as set forth in Attachment H hereto may be amended from time to time by the parties by mutual agreement of the parties. The arbitrator shall be notified on his/her selection by a joint letter from the City and the Union, requesting that he/she set a time and a place for a hearing, subject to the availability of the City and Union representatives. For grievances involving the suspension or the removal or discharge from employment with the City of non-probationary employees covered by this
- 37 -
agreement, the parties agree to request that the arbitrator schedule a hearing for such disciplinary grievances within thirty (30) days of the arbitrator's notification of selection, and shall also request that each arbitrator in such disciplinary grievances render a decision within thirty (30) days of the date of any such hearing. In the event any arbitrator fails to conform to the aforementioned time restrictions it shall be without prejudice to either party. The arbitrator shall have no authority to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. He/she shall consider and decide only the specific issue submitted to him/her, and his/her recommendation shall be based solely upon his/her interpretation of the meaning or application of the terms of this Agreement to the facts of the grievance presented. The decision of the arbitrator shall be binding. The costs of the arbitration proceeding, including the fee and expenses of the arbitrator, shall be divided equally by both parties. Section 4. Time Limits. No grievance shall be entertained or processed unless it is filed within the time limits set forth above. If a grievance is not appealed within the time limits for appeal set forth above, it shall be deemed settled on the basis of the last answer of the City. If the city fails to provide an answer within the time limits so provided or schedule a required meeting within the specified time, the Union may immediately appeal the grievance to the next step. The parties may mutually agree in writing to extend any time limits provided for in this Article. Where the parties mutually agree in writing, more than one grievance may be submitted to the same arbitrator. All time limits provided for herein shall be jurisdictional. Section 5. Investigation and Discussion of Grievances. All grievances resulting in suspension or discharge of an employee(s) shall be subject to immediate investigation by the Union and its offduty employee delegate(s) during working hours. Discussion and investigation of grievances relating to other issues shall take place outside of working hours unless otherwise agreed to by the City. Section 6. Precedence of Agreement. If there is any conflict between the specific terms of this Agreement and any City rules, regulations or policies, the specific terms of this Agreement shall be controlling. If an employee believes that there is such a conflict, the employee may file a grievance in accordance with the provisions of this Article. ARTICLE XX Disciplinary Investigation Whenever an employee covered by this Agreement is the subject of a disciplinary investigation requiring an interrogation, such interrogation shall be scheduled at a reasonable time and at such City facility as determined by the City. Prior to the interrogation the employee shall be informed of the general nature of the investigation. The employee shall be allowed to have an elected Union representative present during the interrogation.
- 38 -
ARTICLE XXI Americans With Disabilities Act Notwithstanding any other provisions of this Agreement, the employer may take any action which may be required by the provisions of the Americans with Disabilities Act. ARTICLE XXII DOT Drug and Alcohol Testing The City and the Union are aware of the requirements of the DOT Alcohol testing rules and the expanded DOT Drug Testing rules and hereby agree that all employees who possess a Commercial Driver's License shall be subject to mandatory treatment and/or discipline, upon failing required drug or alcohol tests, within a sixty (60) month period, as follows: 1. First Incident - A mandatory evaluation and counseling with a City-approved substance abuse professional under such terms and conditions as may be determined by such substance abuse professional in their sole discretion. 2. Second Incident - Mandatory participation in a City-approved rehabilitation program to be selected at City's discretion for a period not to exceed twenty-four (24) months. Such twenty-four (24) month participation period shall not be construed as a limitation on any follow-up testing period requirements as may be required by this policy. 3. Third Incident - Termination. All other employees, not subject to DOT alcohol and drug testing, shall be afforded these same rights, as necessary. Employees who temporarily lose driving privileges, except for employees who refuse to submit to required DOT testing, may be allowed, at management's discretion, to continue their employment for as long as the alternate assignment not requiring a driver's license is available; provided, however, such discretion shall not be unreasonably or arbitrarily applied. Management shall consider the skills and training of the employee desiring an alternate assignment and available assignment opportunities, if any, within the employee's Department when determining the appropriateness of an alternative assignment. No employee performing a light duty assignment shall be displaced by any employee under this section. Additionally, an alternate assignment may be terminated if necessary to fulfill the light duty restrictions of any employee with an active worker's compensation case. All testing requirements shall be subject to the provisions of Attachment "H" Drug and Alcohol Testing Policy and testing shall be performed in accordance with the applicable provisions of the DOT procedure.
- 39 -
ARTICLE XXIII Direct Deposit All new members of the bargaining unit covered by this Agreement shall establish and maintain an account which will permit such employees to receive their paychecks via direct deposit. All members who receive their paychecks via direct deposit as of December 25, 2005, shall continue to maintain a direct deposit account. ARTICLE XXIV Video Surveillance Cameras and GPS/Locating Technologies The City shall provide the Union with written notice prior to the installation and use of any video surveillance equipment in exclusively non-public employee work areas, such as offices and cubicles, not currently installed; provided, however, that the City shall not be required to provide the Union with notice of the installation and use of such equipment, including but not limited to covert video surveillance equipment, when such installation and use of video surveillance equipment is pursuant to a criminal investigation. The City shall be entitled to use GPS and/or other locating technology data as evidence for all disciplinary or other lawful purposes. ARTICLE XXV Savings If any provision of this Agreement is subsequently declared by legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable laws, statutes, ordinance and regulations of the United States of America, the State of Illinois, or the Counties of Cook and Kane, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. ARTICLE XXVI Entire Agreement The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the duration of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement, including the impact of the City's exercise of its rights as set forth herein on wages, fringe benefits or terms and conditions of employment unless such discussion is mutually
- 40 -
agreed to by both parties; provided, however, that the parties agree that the subject of medical and health plans for the periods commencing January 1, 2016 through December 31, 2016, and January 1, 2017 through December 31, 2017, shall be negotiated by the parties. The parties further agree that the subject of wages for the period commencing January 1, 2017, through December 31, 2017, shall be negotiated by the parties. Unless otherwise mutually agreed by the parties, such medical and health plans reopener negotiations for 2016 shall be solely restricted to medical and health plans as specifically applied to Article XIV of this Agreement. Unless otherwise mutually agreed by the parties, such medical and health plans reopener negotiations and wage reopener negotiations for 2017 shall be solely restricted to medical and health plans and wages as specifically applied to Article XIV and Article IX of this Agreement. ARTICLE XXVII Term Unless specifically provided otherwise, this Agreement shall be in full force and effect as of the date it is ratified by both parties and shall remain in full force and effect until the 31st day of December, 2017. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing at least sixty (60) days prior to the expiration date set forth above that it desires to modify this Agreement. If either party submits such written notice, the parties' designated representatives shall immediately commence negotiations. Notwithstanding the expiration date set forth above, this entire Agreement shall remain in full force and effect during the period of negotiations and until a successor agreement is ratified by both parties. EXECUTED THIS _______ day of ____________, 2015, after approval by the City Council, City of Elgin, and after ratification by the Union membership. FOR THE CITY:
FOR THE UNION:
By_________________________________ Sean R. Stegall City Manager
By _______________________________ Print Name ________________________ Its _______________________________
ATTEST:
ATTEST:
By____________________________ City Clerk
By ________________________________ Print Name__________________________ Its _________________________________
F:\Legal Dept\Agreement\SEIU\PW-2015-2017\Agreement-clean-8-14-15.docx
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ATTACHMENT A Job Classifications Arborist Automotive Mechanic Cement Worker Electrical Worker II Electrical Worker Water Engineering Inspector Equipment Operator Fleet Services Lead Mechanic Golf Course Mechanic Greens Worker Instrumentation Service Worker Land Management Grounds Worker Land Management Grounds Laborer Land Management Crew Leader Land Management Maintenance Technician Land Management Safety Inspector Lead Meter Shop Worker Sewer Crew Leader Signs Lead Worker Sports Complex Coordinator Sports Complex Lead Worker Streets Crew Leader Traffic Control Crew Leader Utility Maintenance Mechanic Utility Worker Water Distribution Crew Leader Water Distribution Inspector Water Laboratory Assistant Water Meter Servicer Water Meter Maintenance Person Water Service/Maintenance Laborer Water Service Person Water Treatment Laborer Water Treatment Operator I Water Treatment Operator II Water Treatment Relief Operator I Water Treatment Relief Operator II
ATTACHMENT B ALTERNATIVE IMPASSE RESOLUTION PROCEDURE WHEREAS, the provision of §1614(p) of the Act provide that the
parties
may
agree
to
submit
their
unresolved
disputes
concerning wages, hour, terms and conditions of employment to an alternative form of impasse resolution; NOW,
THEREFORE,
based
upon
the
mutual
benefits
and
consideration set forth herein, the receipt and sufficiency of which for each party is hereby acknowledged, the City and the Union
agree
to
the
following
Alternative
Impasse
Resolution
Procedure: Section 1.
Authority for Agreement.
The parties agree
that the statutory authority for this Agreement is §1614 (p) of the Illinois Public Labor Relations Act (“Act”). intend
the
provisions
of
this
Agreement
to
The parties represent
and
constitute an agreement to submit to an alternative form of impasse resolution any unresolved disputes concerning the wages, hours,
terms
and
conditions
of
employment
of
the
employees
represented by the Union that are subject to the negotiations for a successor Agreement. Section 2.
Selection of Arbitrator and Naming of Panel.
The parties that should it become necessary to submit their unresolved disputes in negotiations to arbitration pursuant to §1614, they will engage in the arbitration of impasses procedure described
in
the
Act
and
the
Rules
and
Regulations
of
the
Illinois State Labor Relations Board (“Board”), subject to the following: (a)
Service of Demand for Compulsory Interest Arbitration: The
parties
agree
that
a
Demand
for
Compulsory
Interest Arbitration filed by either party upon the other prior to February 1, 2018, with respect to the
negotiations for a successor Agreement shall be deemed to be a proper and timely demand as provided in the Act
and
further,
the
Rules
and
Regulations
of
the
Board;
that arbitration proceedings under the Act
and those Rules and Regulations shall be deemed to have
been
service
initiated
and
filing
and of
commenced the
on
Demand
the
for
date
of
Compulsory
Interest Arbitration; (b)
Arbitrator Selection Process.
The parties agree that
notwithstanding the filing and service of any Demand for Compulsory Interest Arbitration by the Union, the selection of an arbitrator will be delayed until such time as either party serves upon the representative of the other, in writing by certified mail, a demand that the
arbitrator
provided occurred. (i)
that
selection
at
least
process
one
month
be of
commenced,
mediation
has
It is further agreed that:
During this period of delay, the parties agree to continue
good
faith
collective
bargaining
with
the advice and assistance of a Mediator: (ii) Within seven (7) days of receipt by the other party of the written demand that selection of an arbitrator
begin,
the
representatives
of
the
parties shall meet and attempt to mutually agree upon an arbitrator. arbitration
The parties agree that the
proceedings
shall
single, neutral arbitrator.
be
heard
by
a
Each party waives
the right to a three member panel of arbitrators as provided in the Act; (iii)
In
the
arbitrator,
absence the
of
parties 2
agreement
on
shall
file
a
neutral a
joint
request
with
the
American
Arbitration
Union
(“AAA”) for a panel of seven (7) arbitrators from which
the
parties
arbitrator.
shall
select
a
neutral
The parties agree to request the AAA
to limit the panel to members of the National Academy
of
Arbitrators.
Both
the
City
and
the
Union shall each have the right to reject one panel in its entirety within seven (7) calendar days of its receipt and request that a new panel be submitted.
The parties agree to engage in the
AAA’s ranking process for purposes of determining which of the seven (7) arbitrators on the panel shall serve as the neutral arbitrator, provided that each party may strike or cross out not more than
two
(2)
of
the
arbitrators
on
the
panel
before ranking the remaining arbitrators on the panel.
Each party shall have fourteen (14) days
from the date the panel list is received from the AAA to number the names on the panel list in order of preference and return the list to the AAA.
In accordance with the designated order of
mutual
preference,
the
AAA
shall
invite
acceptance of the arbitrator to serve.
the
In the
event that the arbitrator declines or is unable to
serve,
the
arbitrator
AAA
in
preference
to
shall
invite
designated so
serve.
order
In
the
the of
event
next mutual
that
he
declines or is unable to serve, the parties agree to
jointly
arbitrators selection
request from
process 3
a the
anew.
new
panel
AAA It
and is
of
seven
commence further
(7) the
agreed
that
the
AAA’s
role
and
participation
in
the
arbitration process shall be strictly limited to providing
the
panel(s)
selection process.
and
administering
the
Once an arbitrator has been
selected by means of the parties’ ranking of the members of the panel, the AAA’s participation in the arbitration proceedings shall be terminated. The
parties
associated
shall with
divide
the
selection process.
equally
AAA
any
costs
administering
the
The parties shall inform the
AAA of this limited role by joint letter at the time the first panel is requested; (iv) The
parties
shall
jointly
communicate
all
remaining aspects of the arbitration (including but
not
limited
to
scheduling
of
post-hearing
briefs) directly with the neutral arbitrator in the manner prescribed in the Act and the Rules and Regulations of the Board. (c)
Issues in Dispute and Final Offers.
Within seven (7)
calendar days of the service of a demand that the arbitrator
selection
process
commence,
the
representatives of the parties shall meet and develop a written list of those issues that remain in dispute. The
representatives
shall
prepare
a
Stipulation
of
Issues in Dispute for each party to then execute and for
submission
hearing.
at
the
beginning
of
the
arbitration
The parties agree that only those issues
listed in the Stipulation shall be submitted to the arbitrator
for
decision
agreed that: 4
and
award.
It
is
further
(i)
Each party retains the right to object to any issue on the grounds that the same constitutes a non-mandatory however,
subject
that
each
of
bargaining;
party
agrees
provided,
that
it
will
notify the other of any issue that it regards as a non-mandatory subject of bargaining not later than
the
issue
is
first
substantively
disputes
arise
mandatory agree
negotiation as
subject
to
meeting
discussed.
to
whether
of
bargaining,
cooperate
in
a
where
the
Should
any
subject the
obtaining
is
a
parties
a
prompt
resolution of the dispute by the Board pursuant to the Act and the Rules and Regulations of the Board [Section 1200.140(b)].
Either party may
file a petition with the Board’s General Counsel for
a
declaratory
notice
from
particular
ruling
either issue
a
after
party
receiving
that
it
non-mandatory
such
regards subject
a of
bargaining. (ii) Not less than seven (7) calendar days prior to the
date
when
the
are
scheduled
hearings
representatives simultaneously
first
of
day to
the
exchange
the
arbitration
commence, parties
in
person
the shall their
respective written final offers as to each issue in dispute as shown on the Stipulation of Issues in Dispute.
The foregoing shall not preclude the
parties from mutually agreeing to resolve any or all
the
issues
identified
as
being
through further collective bargaining. 5
in
dispute
(d)
Authority and Jurisdiction of Arbitrator.
The parties
agree that the neutral arbitrator shall not function as a mediator unless mutually agreed by the City and the Union. resolve
The arbitrator selected and appointed to
any
negotiations
disputes shall
that
have
may
the
exist
express
in
these
authority
and
jurisdiction to award increases or decreases in wages and all other forms of compensation (1) retroactive to December 20, 2009 (or to January 1 in any subsequent year if the Agreement is automatically renewed) for the negotiations for a successor Agreement, provided in either instance a party has served upon the other party
a
Arbitration
timely in
Demand
for
accordance
Compulsory
with
the
Interest
provisions
of
Section 2(a) above, notwithstanding any delay in the arbitrator selection process that may have occurred or any
other
modification
of
the
impasse
procedure
described in the Act and the Rules and Regulations of the Board as a result of this Agreement.
Provided one
party has served on the other party a timely Demand for Compulsory Interest Arbitration in accordance with the
provisions
of
Section
2(a)
above,
each
party
expressly waives and agrees not to assert any defense, right
or
claim
that
the
arbitrator
lacks
the
jurisdiction and authority to make such a retroactive award of increased or decreased wages or other forms of compensation. (e)
Discretion and Judgment of Arbitrator. not
intend
by
this
Agreement
to
The parties do predetermine
or
stipulate whether any award of increased or decreased wages or other forms of compensation should in fact be 6
retroactive,
but
rather
intend
to
insure
that
the
arbitrator has the jurisdiction and authority to so award retroactive increases or decreases, provided a timely Demand for Compulsory Interest Arbitration has been
submitted
discretion
and
by
one
party,
judgment
should
believe
such
he an
in
his
award
is
that
all
appropriate. (f)
Conduct
of
Hearings.
The
parties
agree
arbitration hearings shall be conducted as follows: (i)
Hearings
shall
Illinois, Hearings
be
at may
held
a be
in
the
mutually conducted
City
of
agreed
outside
Elgin,
location.
the
City
of
Elgin only by written mutual agreement; (ii) The hearings shall begin within thirty (30) days of
the
notification
from
the
AAA
that
the
arbitrator selected has accepted the appointment to serve as the neutral arbitrator.
The parties
by mutual written agreement may agree to delay the date of the first hearing for a period up to ninety
(90)
days.
The
hearings
shall
be
scheduled on mutually agreed dates, subject to the reasonable availability of the arbitrator and the representatives of the parties and shall be concluded within thirty (30) days of the date of the first hearing; (iii)
The
party
requesting
arbitration
shall
proceed with the presentation of its case first, followed by the non-requesting party.
Each party
shall have the right to submit rebuttal evidence and
testimony,
hearing
as
brief.
well
as
to
Post-hearing 7
submit briefs
a
post-
shall
be
simultaneously arbitrator, party’s
submitted
with
a
copy
representative,
directly sent
to
within
to
the
the
opposing
twenty-one
(21)
calendar days of the conclusion of the hearings; (iv) The
arbitrator’s
issued
in
writing
representative close
of
decision
directly
within
hearings
and
or
thirty the
award to
shall
each
(30)
party’s
days
submission
be
of
of
the
post-
hearing briefs, whichever is later; (v)
A mutually agreed court reporting service shall record and transcribe the hearings.
The costs of
the neutral arbitrator, as well as the costs of the court reporting service and a copy of the transcript for the arbitrator shall be divided equally.
Each
party
shall
be
responsible
for
purchasing its own copy of the transcript and for compensating its witnesses and representatives. Section 3. expressly
Remaining Provisions of §1614. provided
in
this
Agreement,
the
Except as
parties
agree
that the provisions of §1614 of the Act and the Rules and Regulations of the Board shall govern the resolution of any bargaining impasses and any arbitration proceedings that may occur over the negotiations for a successor Agreement.
F:\Legal Dept\Agreement\SEIU\PW-2015-2017\ATTACHMENT B-Alt Impasse Res Procedure-clean-8-14-15.docx
8
Attachment C
Service Employees International Union Local 73 Elgin Public Works Chapter 300 S. Ashland Ave., Suite 400, Chicago, IL 60607-2746 Office: 312.787.5868 Fax: 312.337.7768 Chapter President: Matt Mattingly
NEW EMPLOYEE FORM PLEASE PRINT First Name;____________________________________________________________________________ Last Name;____________________________________________________________________________ Home Address;________________________________________________________________________ City_____________________________________________ State____________ Zip_________________ Home Phone__________________________________________________________________________ Cell Phone____________________________________________________________________________ E-Mail________________________________________________________________________________ Job Classification / Position_______________________________________________________________ Work Site________________________________Shift_________________________________________ Date of Hire___________________________________________________________________________ Union Card Signed Date__________________________COPE Card Signed Date_____________________
ATTACHMENT D – INTENTIONALLY OMITTED
F:\Legal Dept\Agreement\SEIU\PW-2015-2017\ATTACHMENT D-Job Class Staffing Levels-clean-8-14-15.docx
ATTACHMENT E
Fleet Safety Program SCOPE This policy covers all employees who are allowed access to a City of Elgin’s vehicle and is designed to minimize equipment abuse, injuries to City of Elgin’s vehicle operators and the motoring public.
PURPOSE The purpose of this program is to ensure proper driver selection, training, supervision and vehicle maintenance practices for employees allowed access to a City of Elgin vehicle.
DRIVER QUALIFICATION Every new employee who will operate a City of Elgin vehicle or their own personal vehicle on city business will be required to supply evidence of a valid driver’s license. A copy of the license should be obtained by Human Resources and filed in the employee’s personnel file for future reference. Before any employee is initially assigned to operate a city vehicle or use their own vehicle on city business, they shall complete the City of Elgin "Driving Record Report" listing any prior accidents and/or moving violations. This report should be correlated with the state MVR report to verify the accuracy of data received. All employees who regularly drive a City of Elgin vehicle, or their own vehicle on city business, must have an acceptable driving record, as defined by this policy, on file. Those lacking an acceptable record shall be restricted from driving on city-related business as provided for herein or pursuant to the collective bargaining agreement. At the minimum, annual MVR reviews will be run by the City Police Department on anyone involved in regular use of a personal or City of Elgin vehicle for city business. Employees with prior accidents may be reviewed on a more frequent basis. The Human Resources Department will provide the police department with appropriate employee names for the MVR checks.
LIST OF MAJOR VIOLATIONS 1. 2. 3. 4. 5. 6. 7. 8.
Leaving the scene of an accident. Eluding or attempting to elude a police officer Participating in an unlawful speeding or racing contest. Hit & run. Vehicular homicide or assault with a vehicle. Reckless driving or driving to endanger life. Driving under the influence (including all alcohol and drug related violations). Traffic violation resulting in death.
City Of Elgin Fleet Safety Program 9. Operating with a suspended license when the driver knows, or should have known, of the suspension, or if the suspended or revoked license is based on driving-related, non-administrative matters.
CURRENT EMPLOYEE DRIVING RECORD REQUIREMENTS For any current city vehicle operator, the following vehicle driving policy shall apply: All employees shall be required to obtain and maintain a valid Illinois driver’s license for the type of vehicle(s) operated, as provided below: Driver's Licenses: For positions for which a driver's license is required in the job description as written at the time of the affected employee's date of entry into the position, possession of a valid driver's license in the appropriate classification shall constitute an essential job function. Employee's driving records must comply with the driving record requirements outlined in the City's Fleet Safety Program. An employee whose license is suspended may be considered for an alternate assignment as detailed in Article XXII of the Agreement between the City of Elgin and SEIU Local 73. For any employee who is convicted of two (2) moving violations and/or atfault accidents (regardless of severity) in one calendar year, on or off the job, the employee will be required to attend a defensive driving course. Proof of class participation will be required. Classes will be at City expense and scheduled during work hours if possible. No overtime shall arise out of or be incurred due to attendance at such classes. If an employee is convicted of three (3) moving violations and/or at-fault accidents (regardless of severity) in one (1) calendar year, the individual will lose their driving privileges until mandatory attendance at a defensive driving course. Proof of class participation will be required. Classes will be at City expense and scheduled during work hours if possible. No overtime shall arise out of or be incurred due to attendance at such classes. An employee who is convicted of any of the above 9 major violations/accidents must inform the Department Head immediately. If such conviction results in a loss of driver’s license, the employee may be assigned an appropriate non-driving job as outlined in Article XXII of the Agreement between The City of Elgin and SEIU Local 73. If such conviction occurred due to an on the job accident, the employee may be disciplined or terminated if the case review warrants. An employee returning to driving duties after any suspension shall participate in a defensive driving course. Proof of class participation will be required. Any second offense involving a major violation/accident offense within a three-year period will be grounds for automatic vehicle suspension and/or possible termination. (If there are mitigating circumstances, these will be taken into account in the final decision).
Page 2 of 3
City Of Elgin Fleet Safety Program
VEHICLE EQUIPMENT/MAINTENANCE POLICY New vehicles purchased will be equipped with reasonable safety features as standard equipment. These shall include at a minimum rear window defogger, passenger side rear view mirrors, air bags, anti-lock brakes, back-up alarms where applicable, etc. Every employee assigned a City of Elgin vehicle should be familiar with the proper operation and care of the vehicle and shall report any deficiencies to their supervisor / division manager. Proper daily maintenance (fluid checks and walk around inspection) of the vehicle will be the responsibility of the employee. Commercial Motor Vehicles needing a CDL to operate will be required to undergo a daily inspection using a Vehicle Condition Report
ACCIDENT REPORTING & INVESTIGATION All accidents must be immediately reported and reviewed for preventability using the City of Elgin accident form. Cases deemed preventable should highlight any corrective action recommended. Each driver should submit a copy of the accident report form, police report and any other supporting documentation to his / her immediate supervisor who will submit the entire report to the Purchasing / Risk Management department.
DRIVER SUPERVISION When an employee’s annual performance review is conducted, safe driving and care of city equipment must be included for all individuals who regularly operate a city vehicle. This will also apply to personnel who manage employees with city provided vehicles. Progressive discipline shall be applied to employees whose at-work driving record displays a failure to operate city vehicles in a responsible manner.
DRIVER TRAINING New drivers assigned or involved in regular use of a City of Elgin automobile or their own personal vehicle on city business should be encouraged to complete a self-study or other defensive driving training program within the first 30 days of employment. Self-study courses required by the City shall be conducted during the employee’s normal working hours. To ensure that defensive driving practices are followed, all drivers shall be issued a copy of the “Driver Safety Rules” Hand out and verify receipt of hand out. To keep drivers from becoming “rusty”, defensive driving training shall be addressed at least annually. To enhance the effectiveness of the training, audiovisuals and handouts should be utilized. All defensive driving training should be documented and retained on file for future reference.
Page 3 of 3
ATTACHMENT F SNOW AND ICE CONTROL STAFFING POLICY
PURPOSE This agreement clarifies the responsibilities of the City of Elgin and its employees related to the staffing and implementation of the Snow and Ice Control Plan. In addition, it establishes procedures for employee call out, for placing employees on standby and for disciplinary action against employees not complying with the provisions of this agreement. OBJECTIVES 1.
To ensure an appropriate level of staffing for snow and ice control operations in response to any amount of snowfall, within the limitations of current city staffing levels.
2.
Appropriately compensate employees for their participation.
3.
Formalize the details of this agreement for future use and consistency.
COVERAGE All bargaining unit employees who are required by their current job classification description to participate in the removal of snow and ice from streets, parking lots, sidewalks and public areas are covered by the provisions of this policy. Incumbents in the classifications which do not currently require participated in snow and ice removal, may participate voluntarily at any time but will only be required to participate when the Mayor declares a snow emergency. The fifteen (15) classifications which do not currently require participation are Electrical Worker – Water Department, Utility Maintenance Mechanic, Water Treatment Operator 1, Water Treatment Operator 2, Water Treatment Relief Operator, Water Relief Operator 2, Water Treatment Laborer, Water Service Person, Water Meter Servicer, Water Meter Maintenance Person, Water Laboratory Assistant, Instrumentation Service Worker, Automotive Service Worker, Automotive Mechanic and Land Management Mechanic. The City has the right to modify those classification descriptions at any time and any new employees hired under the revised description will be governed by its requirements. Engineering Inspectors will be called to monitor contractors and will only be required to plow after they are properly trained and the severity of the storm warrants. However, Engineering Inspectors can volunteer to plow at any time their normal duties allow.
1
ANNUAL SEASONAL STARTUP As part of the annual update of the City's Snow and Ice Control Plan, the Public Services Director will develop a list of route assignments for the upcoming season and a contact list for all employees that participate in the program. Employees in the Land Management Division, that are assigned routes, by the Public Services Director, or designee and those who are not assigned a route, will be contacted through the normal call out process. On November 1st each year, the City will provide all employees that are subject to a response under this policy with a cell phone which shall serve as the primary means of contact for snow call out. Employees who use a personal cell phone may request that it be used in place of the City-issued cell phone. The use of this alternate phone must be approved in advance by the Public Services Director and will be allowed as long as the phone dependability is equal to or greater than that used by the City and the cell phone has voice mail. Alternate arrangements will be terminated and a cell phone issued by the City after two events where the employee cannot be contacted successfully because of phone problems. The contact list is prearranged in order to facilitate contacting employees for call out for snow removal and ice control. For any storm event, forecast or not forecast, the City will utilize the call out procedure referenced within this document. During the winter season, as established within this document, Fleet Services employees shall be given cell phones, by the City to ensure contact and provide increased utilization of personnel. It is understood that text messaging from snow command will also be utilized during an event as an additional form of communicating, however, drivers will be called out for the beginning or end of any shift. Text messaging generally will be limited to being updated on conditions such as weather forecasts or treatment plans or meal breaks or any other announcements to be made by snow command in order to effectively contact drivers in a more efficient and timely manner. NON-COVERED EMPLOYEES Any employees who are not required to participate in snow and ice removal may participate if they desire, provided such participation does not unreasonably affect their normal duties as determined by the Public Services Director. They must notify the Public Services Director by October 31st and their name will be added to the list of unassigned drivers available on an as needed basis. CALL OUT PROCEDURES Responses to a snow storm that affects employee staffing include, but are not limited to, Partial Call Outs and a Full Call Out. It is expected that responses to a snow storm will typically involve a Full Call Out. A call out for a snow storm is presumed to be a Full Call Out versus a Partial Call Out unless management specifically notifies employees
2
being contacted for a call out that the Call Out is a Partial Call Out. Full Call Outs shall be considered mandatory overtime and Partial Call Outs (i.e. less than a full shift) shall initially be considered voluntary overtime. PARTIAL CALL OUT In the event of trouble spots or drifting, and in the event the Public Services Director or his designee determines that the level of a response to a snow storm does not require a full call out, a partial call out may be implemented. Initially, the Sewer Division employee on standby will be contacted to respond. If the Sewer Division employee on call is unavailable, the Duty Supervisor will be contacted. The determination as to the number of additional employees to be called in to respond, including whether to utilize a partial call out or full call out, will be determined by the Public Services Director or his designee. Initial calls for partial call outs shall be first to the Sewer Division employee on standby and then based upon seniority of qualified employees. Should the City be unable to obtain enough volunteers after using its best efforts to secure volunteers for a partial call out, the partial call out shall be considered mandatory overtime and the City shall have the right to make mandatory overtime call out assignments. Mandatory overtime assignments shall be rotational whereby the qualified employee with the least seniority shall receive the first mandatory overtime assignment and thereafter mandatory overtime shall be in ascending order of reverse seniority for each successive instance. FULL CALL OUT Full Call Out is defined as a response to a storm that will require salting and/or plowing to maintain the streets for safe travel on the streets. Such a response typically requires a response of not less than twenty-three (23) assigned drivers for the “A” shift, twenty (20) drivers for the “B” shift for each of the routes covering all City streets and twenty (20) drivers for the "C" Shift for each of the routes covering all City streets; and may require three (3) to six (6) employees to clear public building sidewalks and designated CBD sidewalks. The number of downtown "shovel crew" employees used will be determined by the Duty Crew Leader on a per event basis. Current staffing levels are such that all properly classified employees in the Public Works Department, the Sports Complex and Golf Divisions, of the Recreation Department, are needed to meet minimum staffing needs. Depending on the severity of the snow event, a full call out may require that “B” route drivers be called out as well. The "C" driver list will be utilized in the same way as the "B" driver list. The route selection will be offered by citywide seniority and will be on a permanent basis. These drivers will be utilized mainly for their own route. In the event any "C" driver is needed as a fill in or sub in an "A" or "B" route it will be offered by citywide seniority down the "C" driver list. If the route is unable to be filled for any reason then other employees will be assigned by management as determined by management to fill the route vacancy.
3
The "A", "B" and "C" drivers for each particular route may choose to "swap out" or trade the first responder responsibility for any given event so long as both "A" and "B" shifts would be covered if needed. The first responders to most events are the "A" drivers then "B" then "C". Example: the "A" driver for Route 1 put in for an excused absence or to be "unavailable for snow" via his divisional crew leader and/or supervisor and was denied because the maximum number of excused unavailable slots has been met, the driver may then choose to have his/her shift covered by the corresponding "B:" or "C" drivers for that date as another option to be absent. This route and shift will be considered covered and be recorded as an excused absence; however, the driver must remain available for snow in the case of emergency and would still be required to respond if needed. These trades need to be agreed upon by all parties involved and reported to the snow command Duty Supervisor immediately. All drivers will be notified per event of their route assignment and for how long. Some events last days, in this instance or when a rotating twelve (12) hour shift is enacted, these substitutions are in effect until the event is over. Employee call out and overtime assignment for the levels of response described above will utilize the call out procedure described below: 1.
All drivers assigned to “A” and “B” or "C" salt routes, sidewalk clearing operations and contractor oversight and inspection and small trucks will be contacted at some point during the storm response. a. During a call out requiring all assigned salt routes, if the “A” driver assigned to the salt route is not available, the “B” driver assigned for the same route will be contacted next. If the "B" driver is not available, the corresponding "C" driver will be contacted. If the "C" driver is unavailable, the route may be assigned to any other "C" driver by citywide seniority. If there are no "C" drivers available then other employees will be assigned by management as determined by management based upon citywide seniority to fill the route vacancy.
2.
Any driver assigned to an "A", "B" or "C" route that is on standby or "On Call" assignment for the Sewer, Water Distribution or Traffic Divisions will be called out in the normal order, but if they are called away for any reason, they may be replaced. If any of the "On Call" employees have worked to a level of exhaustion due to working more than sixteen (16) hours out of twenty-four (24), or have not had eight (8) hours rest in the last twenty-four (24) hours, and as a result thereof cannot fulfill their obligation as a route driver, the On Call employee will notify the duty supervisor immediately to inform them of their status so the route can be filled accordingly until such employee can return. The Duty Supervisor or, at the direction of the Duty Supervisor, one of the Duty Crew Leaders shall attempt to contact each employee by the City issued cell phone or approved alternate phone as described above. When called the employee
4
shall respond as quickly as possible but will have a maximum of five (5) minutes to do so. This includes to responding to a voice mail left at the time of the initial call. If the employee does not contact the Duty Supervisor/Crew Leaders within the required maximum five (5) minute response time, the Duty Supervisor/Crew Leaders shall call for a replacement in accordance with the above procedure and an incident of failure to respond shall be charged against the employee. 3.
The employee's response to the call out shall be made by answering the Cityissued cell phone or alternate phone as described above. Upon responding, the driver shall verify his availability and estimated travel time to work.
4.
Assignments to equipment may be modified due to the type of truck or equipment that is needed, for example, an Equipment Operator will be assigned to operate a loader or a motor grader when it will be used for street plowing or a Land Management employee will be given first option to operate specialized Land Management equipment when it will be used for sidewalk plowing.
5.
If a storm is forecast and the Public Services Director chooses to send employees home in the middle of the day to staff a hold-over shift, the employees sent home shall be chosen from the “A” salt route drivers based on city-wide seniority and first right of refusal. In addition, those employees sent home shall be paid straight time for the remainder of their scheduled 8 hour work day. If salt trucks are put out on their routes during the intervening period (before the hold-over shift starts), replacement drivers for the employees sent home shall be selected from the ”B” route drivers assigned to that route or based on city-wide seniority and first right of refusal.
SHOW UP TIME When an employee is asked to report to work at a time that is more than two (2) hours from the initial contact, they will be paid for only the hours worked after the designated start time. If the employee is required to report to work less than two (2) hours after the first attempt to contact, he will be paid (1) hour show-up time for reporting within one (1) hour in addition to the time worked. Drivers not reporting within one (1) hour from the first attempt to contact them will forfeit show-up time pay. They have an additional fifteen (15) minutes, or one hour and fifteen minutes from the attempt to contact them, to report to work or be considered late and be subject to progressive disciplinary action. There will be no show up time paid for any driver already receiving standby pay in the same day. Drivers that have been placed on standby are no longer eligible to receive show up time due to already being compensated to be on standby. PARTNERING All routes will be partnered with one (1) adjacent route; the associated drivers for which may be assigned by the City to assist each other; provided, however, that an assisting driver must complete his/her own route prior to providing the aforementioned assistance
5
to his/her partner in completing the unfinished route. When directed by the City to assist a partner pursuant to this provision, the assisting driver will be paid at two (2) times the regular rate of pay for all time spent assisting in the unfinished route. Upon completion of the driver’s own route he will report to Snow Command for all time tracking purposes prior to assisting his partner although neither driver can leave until both routes are complete given the event is over. "Super" route drivers from time to time more often than any other drivers will not be utilized in their route in the instances of multi-shift events. These drivers may work a shift plowing in several other routes other than their own, this is only considered partnering at the discretion of the Duty Supervisor based on the amount of time the driver spent in their own route (if any) prior to being used to assist in other routes. It is understood in multi-shift events "Super" route drivers in these particular instances will not be offered the option of leaving due to their route being complete or nearly complete at the time their shift begins. SNOW DAY SHIFT COVERAGE ALLOWANCE-
-
-
Any employee involved in snow removal operations shall, on January 1st of each calendar year, receive 24 hours of straight time that may be utilized at the employee’s request to be applied to normal shift hours that would otherwise require such employee to utilize vacation or personal time to cover ("Snow Time"). Any unused hours pursuant to this provision shall not be carried over to the following calendar year. These hours may only be used to cover periods of time when the employee would otherwise be required to be at work and shall only be paid as straight time. To be eligible for these hours employees must be participants in the snow removal process, either by assignment or on a voluntary basis. These hours may be utilized to complete an unworked portion of an employee’s eight hour shift (either prior to or subsequent to a snow event) instead of requiring the employee to either receive no pay or use vacation or personal accrual to receive pay for such unworked and otherwise uncompensated time. These hours are to be used to ensure drivers are able to achieve eight (8) hours rest before being required to return to work. These hours are to be utilized prior to using any other benefit time or taking any unpaid time off for the same purpose described above.
ALCOHOL IMPAIRMENT For any call out, all provisions of the Drug and Alcohol testing policy shall apply. Between November 1 and April 30, employees shall monitor the weather forecast and limit or avoid alcohol consumption when snow is predicted in order to insure their availability. If an employee has consumed alcohol within four hours of when called, they should advise the Duty Supervisor/Crew Leaders of such and make arrangements to report at a later time when the employee's compliance with the Drug and Alcohol Policy is assured. The employee's lack of availability will be reviewed and may be subject to progressive discipline. Employees who consume alcohol after notification of impending full call out will be subject to progressive discipline.
6
DISCIPLINE Employees may be subject to discipline in accordance with the disciplinary provisions of any applicable Collective Bargaining Agreement due to the failure of an employee to comply with the policy outlined herein. All employees involved in snow and ice removal are permitted only one (1) unexcused absence for any call out per season. Any employee with any additional unexcused absences shall be subject to discipline pursuant to the applicable collective bargaining agreement. Disciplinary action may be in addition to the removal or reassignment of employees from assignments. STANDBY FOR SNOW AND ICE CONTROL At the discretion of the Public Services Director or his/her designee, any number of employees may be placed on standby to ensure prompt implementation and adequate staffing of the Snow and Ice Control Plan. This decision will be made on an event by event basis based on the weather forecast, day of week, occurrence of holidays or any other relevant factor that may arise. Standby will be offered to employees based on seniority within the group of “A”, “B” or "C" Salt Route drivers with the most senior in each having first right of refusal for the duty. If spare drivers are needed for an unassigned route, drivers shall be selected by city-wide seniority of those individuals required to plow but not assigned a route and shall have first right of refusal. Notification of employees that they are being placed on standby will be done as much prior to the effective time as possible. The days that the employees will be on standby will be clearly defined at the time that the employee is placed on standby. For assignment of standby duty, an employee will be allowed one (1) occasion per season to decline standby duty due to previously arranged commitments. On the occasions of subsequent declinations, the employee will be subject to progressive discipline. If an employee on standby duty does not respond when called or cannot work due to alcohol consumption, they will be subject to discipline starting at a one day suspension. For the Mechanics in Fleet Services Division, winter standby will be scheduled for the same time period as the Crew Leader standby. In addition, if a Mechanic is on duty alone, every effort will be made to have a driver or Crew Leader in the area to monitor their safety and well being. CREW LEADER/MECHANIC STANDBY AND STANDBY PAY Winter standby (November through April) will be assigned to (Streets, Sewer, Traffic and Water Distribution) Crew Leaders on a rotating schedule of one (1) week per month and the four Land Management Divisional Crew Leaders (Sports Complex/Forestry, Lords Park, Center City and Wing Park) on a rotating schedule of one (1) week per month, Mechanics on a rotating schedule of one (1) week per month. Crew Leaders and Mechanics may trade standby assignments a whole week at a time or a number of days during an assigned week in workday-long increments for a period of up to one work
7
week. All changes in the schedule must be approved seventy-two (72) hours in advance by the Public Services Director unless extraordinary circumstances later prevent it. There shall be no more than one trade in any given week. If a snow event lasts longer than 12 hours and requires the replacement of the Crew Leaders, the replacement team shall, when practicable, come from the team that is assigned to cover the week that is two weeks subsequent to the snow event requiring a Crew Leader team replacement (“2 out”) from the existing team. For instance, if the snow event happens during week 1, then the replacement team shall, when practicable, come from those Crew Leaders assigned to cover week 3 of that month. If the “2 out” replacement is not available, then alternative arrangements shall, to the greatest extent practicable, be made in advance. The Public Services Director may permit a Crew Leader to withdraw due to unusual, unique or extraordinary circumstances or conditions affecting the employee. In the event that during the term of this roster a person subject to this policy leaves the employment of the City, is permitted to withdraw or otherwise becomes unavailable, the associated unmanned slot will be offered in accordance with the following method: 1.
If the withdrawal is from the Water Distribution, Sewers, Traffic or Streets Division, all other Divisional Crew Leaders within these aforementioned Divisions shall be offered, by divisional seniority, the option to choose one week each, in rotational sequence until available weeks are exhausted. Should there still remain unassigned standby slots after this procedure is complete, this rotational sequence may continue with each Crew Leader being allowed to select a day at a time until all available unassigned slots have been selected. Any remaining unassigned slots after the above process is completed shall be assigned by the Public Services Director to the least senior Crew Leader in the above listed Divisions.
2.
If the withdrawal is from the Land Management Division, all other Land Management Crew Leaders shall be offered, by divisional seniority, the option to choose one week each, in rotational sequence until available weeks are exhausted. Should there still remain unassigned standby slots after this procedure is complete, this rotational sequence may continue with each Crew Leader being allowed to select a day at a time until all available unassigned slots have been selected. Any remaining unassigned slots after the above process is completed shall be assigned by the Parks Superintendent to the least senior Crew Leader in the Land Management Division.
3.
Crew Leaders will be paid two (2) hours for each day on standby at one and one half times (1.5) the regular rate of pay for being on standby Monday through Friday, and three (3) hours for each day at one and one half times (1.5) the regular rate of pay for being on standby Saturday and Sunday, and three (3) hours at two and one half (2.5) times the regular rate of pay for being on standby on a City observed holiday.
8
SCHEDULING OF LEAVE Commencing with the Monday of the first full week following the January 1st holiday until March 15th, the Street Superintendent and the Operations Engineer shall approve no more than one (1) scheduled absence for any calendar day for employees in the Street, Traffic Division, and the four Land Management Division groups. During such time period the Senior Engineer shall approve no more than one scheduled absence for any calendar day for employees in the Sewer Division and the Water Distribution Division. During the months of November, December and the uncovered balance of January and March, two (2) employees per division per calendar day will be allowed a scheduled absence in the Street Sewer, Traffic and Water Distribution divisions and two (2) employees per work group in the Land Management Division. Depending on work schedules, additional approved absences may be scheduled, but shall only be approved subject to the employee being available for call out if required for snow removal, salting or related work. In those cases, conditional leave shall be rescheduled. Scheduled absences shall be guaranteed so that the employee can make firm plans, like making non-refundable reservations, without concern. Employees on scheduled leave may be contacted if their services are needed but it is their option to respond as per this policy. Those employees on conditional leave must report for work and their leave will be rescheduled. Employees who work outside of their normal work shift during snow removal operations may leave work prior to the end of their regular work shift, when work schedules allow and with the prior approval of their Division Superintendent. Workers shall be allowed at their option, but not forced or compelled, to use Snow Time, Vacation and/or Personal time to account for such time off. Employees who have worked 16 consecutive hours or 16 hours in any 24 hour period shall not be required to return to work without an intervening 8 hours off. When by Management directive, employees are required to leave work during their normal shift so as to return at a pre-arranged time, such employees shall be compensated for such unworked interim time at their straight rate of pay In the event of a “Blizzard” or severe storm that is expected to last several days all drivers may be placed on a “twelve (12) on/twelve (12) off” schedule for the duration of the event given Management notifies all drivers at least twenty-four (24) hours in advance of the change. Drivers will be appropriately compensated for all time worked during the event but may choose to use any of their benefit time (Snow Day, Vacation, Personal, Sick Time) to compensate any deficiency of their regularly scheduled work day due to the change. If the employee chooses not to use any of their benefit time, they may opt to not be compensated for hours not worked.
9
ASSIGNMENT OF SALT ROUTES 1.
All Salt and Manual Routes shall be for an entire winter season and newly created or vacated routes may be re-bid each new year as of September 15.
2.
Employees assigned routes who are not able to staff such routes due to injury, illness, disciplinary suspension, or other reasons for a period that is less than the entire season, shall retain the assignment to that route. In such instances, such routes will be temporarily assigned to another employee. In the case of a Salt route, such temporary assignment shall be first offered to the employee's “B” route partner and then to the "C" route driver. In any other route assignment management may temporarily assign such routes at their discretion.
3.
All employees that currently have a route of any type shall have the option to retain that same route, or bid on any new route available. Such bidding shall be on Route Seniority and shall follow the procedure described below: a.
“A” Salt Routes: All existing routes including any that are newly created will be first offered to existing “A” Salt Route drivers by bid based on Salt Route seniority. Any unfilled routes after all existing “A” Salt Drivers have had an opportunity to bid, shall be offered by city-wide seniority to any employee in any division that is required to plow. Any new “A” Salt Route driver must possess the needed skills and experience to be judged proficient by the Public Services Director prior to being assigned to said route. The City shall make training available to any requesting employee prior to each new season.
b.
“B” Salt Routes: “B” Salt Routes and small truck routes shall be offered, first to the employee currently assigned the route, then to all eligible drivers from the beginning of the list based on salt route seniority. Small Truck routes will be assigned at Management discretion based on operational needs.
c.
"C" Salt Routes: "C" Salt Routes shall be offered, first to the employee currently assigned the route, then to all eligible drivers from the beginning of the list based on citywide seniority. Small Truck routes will be assigned at Management discretion based on operational needs.
d.
Manual Routes: Manual Routes or "Shovel Crew" shall encompass three to six (3 to 6) of the Land Management employees required during any full call out, to clear the downtown and CBD areas. Employees with Manual Routes may also be required to plow to meet the operational needs of the City when determined necessary by the Public Services Director. Manual routes shall be bid each September 15 as follows: Land Management employees by City-wide Seniority, then all other divisions, required to plow, by City-wide Seniority.
10
4.
All route assignments, and any truck assignment shall be effective for the entire winter season, unless such assigned employee transfers to a Division not required to plow, leaves employment with the City, are removed or reassigned from such assignment by the Public Services Director pursuant to the terms of this policy or otherwise becomes unavailable.
5.
Any unassigned routes, after the preceding method has been exhausted, shall be assigned to the least senior qualified employee, based on city-wide seniority, from any/all Divisions that are required to plow.
6.
Volunteers who are not subject to this Snow and Ice Control Staffing Policy, but still wish to plow, shall be selected and called in by the Duty Supervisor or designee in the following order of seniority: a. b. c.
Members of SEIU Public Works Bargaining Unit by city-wide seniority. Members of SEIU Clerical Technical Unit by city-wide seniority Non-SEIU Bargaining Unit members by management determination
DOWNTOWN/CBD STREET SNOW REMOVAL Any such time, as determined by Management, when curbside snow removal and hauling within the Downtown and CBD area, (including bridges), is to be conducted during hours outside the normal working hours of Public Works employees, such crews shall be established and staffed as follows: 1. Management shall determine the amount of personnel needed to perform the task. 2.
Crew Leader slot shall be filled by the On Call Crew Leader(s).
3.
Assignments to operate sidewalk snow removal and snow loading equipment shall be offered to unassigned Land Management personnel qualified to operate the equipment based on city-wide seniority. If necessary, management may assign the slots beginning with the least senior qualified employee within the Land Management Division.
4.
Assignments to drive trucks shall be offered to unassigned employees qualified to operate the truck in any division currently required to plow (based on city-wide seniority). If necessary, management may assign the slots beginning with the least senior employee within any Division currently required to plow.
5.
If the equipment used is of a type normally operated by an Equipment Operator, then that offer shall go to the senior available Equipment Operator. Should there not be an available Equipment Operator, management may temporarily upgrade a qualified individual(s) to fill this slot or may assign the slots beginning with the least senior equipment operator.
11
6.
At the conclusion of the clearing operation for that time period, if it is determined that street salting of the affected areas is necessary to ensure safe travel, a salt truck driver currently on duty will be assigned. If no salt truck drivers are on duty, the assignment will be offered based on salt truck driver seniority. Such determination shall be by Management or designee at their reasonable discretion.
DOWNTOWN WEEKEND EVENT COVERAGE When Special Events or meetings require sidewalk snow removal services within the Downtown or CBD areas, that necessitate the presence of a Land Management Crew Leader with the crew, a second Land Management Crew Leader will be called in to supplement the Duty Crew Leader. The original On Duty Crew Leader shall remain at Snow Command. Such additional Land Management Crew Leader shall be selected by city-wide seniority. Should no other Land Management Crew leader be available, then a second Street or Utility Crew Leader shall be called in to work in Snow Command. Such Street and Utility Crew Leader shall be selected by city-wide seniority. ADDITIONAL 1.
The City reserves the right to increase the number of salt routes and drivers assigned as needed.
2.
All union officers and stewards affected under this policy shall receive a copy of the Snow Manual.
3.
A current list of officers and affected stewards shall be provided to the Public Services Director before October 31st each year.
4.
Notwithstanding anything to the contrary in this policy, nothing in this policy is intended or shall be construed as limiting the number of employees and/or the number of vehicles or equipment which may be deployed by the City for any particular storm event. The Public Services Director or his designee may assign and deploy such additional numbers of employees and/or equipment that the Public Services Director or his designee determine are required to respond to a particular event.
5.
Notwithstanding anything to the contrary in this policy, the Public Services Director or his designee shall have the right to remove or reassign employees who have been assigned pursuant to the procedures described in this policy in order to meet a demonstrated operational need of the City or to address performance or attendance issues of such an employee; provided, however, such authority shall not be exercised in an arbitrary or capricious manner.
F:\Legal Dept\Agreement\SEIU\PW-2015-2017\Attachment F-Snow and Ice Control-clean-8-14-15.docx
12
Ordinance No. G42-15 AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE PUBLIC SERVICES EMPLOYEE GROUP OF THE CITY OF ELGIN WHEREAS, the City Council of the City of Elgin has heretofore ratified and approved a negotiated settlement reached by the City of Elgin and the Service Employees International Union Local 73 Municipal Division, Elgin Public Works Chapter, also commonly known as the Public Services Employee Group; and WHEREAS, such negotiated settlement includes wages for 2015 and it is therefore necessary to implement a new salary plan for such Public Services Employee Group. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That effective January 1, 2015, there is hereby established the following schedule of standard hourly, annual and monthly salary ranges for the Public Services Employee Group. Pay Position Title
WATER RELIEF OPERATOR II
ENGINEERING INSPECTOR
Grade
634
633
INSTRUMENTATION SERVICE WORKER WATER TREATMENT OPERATOR II
Step
Step
Step
Step
Step
Step
Step
1
2
3
4
5
6
7
$27.2328
$29.1781
$31.1234
$33.0685
$35.0138
$36.9589
$38.9042
$56,644
$60,690
$64,737
$68,783
$72,829
$76,875
$80,921
$4,720
$5,058
$5,395
$5,732
$6,069
$6,406
$6,743
$25.9360
$27.7887
$29.6412
$31.4939
$33.3465
$35.1989
$37.0516
$53,947
$57,800
$61,654
$65,507
$69,361
$73,214
$77,067
$4,496
$4,817
$5,138
$5,459
$5,780
$6,101
$6,422
$24.9443
$26.7261
$28.5079
$30.2896
$32.0714
$33.8530
$35.6349
$51,884
$55,590
$59,296
$63,002
$66,709
$70,414
$74,121
$4,324
$4.633
$4.941
$5,250
$5,559
$5.868
$6,177
FLEET SERVICES LEAD MECHANIC
AUTOMOTIVE MECHANIC CREW LEADER - SEWER CREW LEADER - STREETS CREW LEADER - TRAFFIC CONTROL CREW LEADER-WATER DISTRIBUTION ELECTRICAL WORKER - WATER ELECTRICAL WORKER II -PUBLIC WORKS LAND MGT CREW LEADER LEAD METER SHOP WORKER
631
WATER RELIEF OPERATOR I
629
$23.5332
$25.2139
$26.8951
$28.5758
$30.2569
$31.9378
$33.6185
$48,949
$52,445
$55,942
$59,438
$62,934
$66,431
$69,927
$4,079
$4,370
$4,662
$4,953
$5,245
$5,536
$5,827
$23.3666
$25.0358
$26.7048
$28.3738
$30.0427
$31.7117
$33.3808
$48,602
$52,074
$55,546
$59,017
$62,489
$65,960
$6,9432
$4,050
$4,340
$4,629
$4,918
$5,207
$5,497
$5,786
$22.4125
$24.0132
$25.6143
$27.2150
$28.8161
$30.4169
$32.0177
$46,618
$49,948
$53,278
$56,607
$59,937
$63,267
$66,597
$3,885
$4,162
$4,440
$4,717
$4,995
$5,272
$5,550
$21.5033
$23.0390
$24.5751
$26.1111
$27.6468
$29.1830
$30.7189
$44,727
$47,921
$51,116
$54,311
$57,505
$60,701
$63,895
$3,727
$3,993
$4,260
$4,526
$4,792
$5,058
$5,325
$21.1126
$22.6206
$24.1285
$25.6366
$27.1447
$28.6528
$30.1608
UTILITY WORKER - SEWERS
$43,914
$47,051
$50,187
$53,324
$56,461
$59,598
$62,734
UTILITY WORKER - STREETS
$3,660
$3,921
$4,182
$4,444
$4,705
$4,966
$5,228
$19.8878
$21.3084
$22.7290
$24.1495
$25.5701
$26.9905
$28.4112
$41,367
$44,322
$47,276
$50,231
$53,186
$56,140
$59,095
$3,447
$3,693
$3,940
$4,186
$4,432
$4,678
$4,925
$17.1832
$18.4104
$19.6378
$20.8652
$22.0926
$23.3198
$24.5472
$35,741
$38,294
$40,847
$43,400
$45,953
$48,505
$51,058
$2,978
$3,191
$3,404
$3,617
$3,829
$4,042
$4,255
ARBORIST
628
CEMENT WORKER UTILITY MAINTENANCE MECHANIC
EQUIPMENT OPERATOR - SEWERS
626
EQUIPMENT OPERATOR - STREETS EQUIPMENT OPERATOR - WATER DIST WATER TREATMENT OPERATOR I
GOLF COURSE MECHANIC
624
GREENS WORKER LAND MGT MAINTENANCE TECHNICIAN LAND MGT SAFETY INSPECTOR SIGNS LEAD WORKER SPORTS COMPLEX LEAD WORKER SPORTS COMPLEX COORDINATOR WATER DISTRIBUTION INSPECTOR WATER SERVICE PERSON
LAND MGT GROUNDS WORKER
623
UTILITY WORKER - TRAFFIC UTILITY WORKER - WATER DIST. WATER METER SERVICER WATER TREATMENT LABORER
WATER METER MAINTENANCE PERSON
620
WATER LABORATORY ASSISTANT SERVICE MAINT. LABORER - WATER
LAND MGT GROUNDS LABORER
613
-2-
Section 2. That all ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2015, upon its passage in the manner provided by law. _________________________________ David J. Kaptain, Mayor
Presented: September 23, 2015 Passed: Vote: Yeas Nays: Recorded: Published: Attest: _____________________________ Kimberly A. Dewis, City Clerk
-3-
Resolution No. 15-128 RESOLUTION AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH MOTOROLA SOLUTIONS, INC. (2580 Galvin Drive) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Economic Incentive Agreement with Motorola Solutions, Inc. on behalf of the City of Elgin for economic development assistance in connection with the development of 2580 Galvin Drive, a copy of which is attached hereto and made a part hereof by reference. ________________________________ David J. Kaptain, Mayor Presented: September 23, 2015 Adopted: Vote: Yeas Nays: Recorded: Attest: ____________________________ Kimberly A. Dewis, City Clerk
ECONOMIC INCENTIVE AGREEMENT This Economic Incentive Agreement (the “Agreement”) is made and entered into as of this 24th day of September 2015, by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the “City”), and Motorola Solutions, Inc., a Delaware corporation (“Motorola Solutions”). WHEREAS, Motorola Solutions serves more than 100,000 public safety and commercial customers in more than one hundred countries making communications systems expressly designed to meet the needs of public safety workers; and WHEREAS, Motorola Solutions has been serving the world market from its Schaumburgbased headquarters since 1976; and WHEREAS, Motorola Solutions will be transitioning its business from selling primarily hardware products such as radios and network infrastructure that police officers, fire departments and other emergency workers use, to a broader, software-based emergency communications platform; and WHEREAS, Motorola Solutions is seeking to expand its existing operations to a vacant, 300,000 square-foot facility at 2580 Galvin Drive in the Northwest Business Park and make approximately $18 million in improvements to that facility that will ultimately create approximately 200 full-time positions plus the potential for an additional 200 jobs for seasonal flow (“Subject Project”); and WHEREAS, the property at 2580 Galvin Drive is zoned ORI—Office Research Industrial District and the permitted land uses for that parcel include the manufacturing of “electronic and other electrical equipment and components,” “industrial and commercial machinery and equipment” and “computer and office equipment”; and WHEREAS, to induce Motorola Solutions into proceeding with the Subject Project, the City will waive all City development permit fees, impact fees and and building permit fees associated with the construction of the Subject Project, and; WHEREAS, Motorola Solutions would not proceed with the Subject Project in Elgin without certain economic development assistance from the City; and WHEREAS, section 8-11-20 of the Illinois Municipal Code (65 ILCS 5/8-11-20) authorizes municipalities, including the City, to enter into economic incentive agreements relating to the development or redevelopment of lands within the corporate limits of a municipality; and WHEREAS, the City is a home rule unit of government authorized to exercise any power and perform any function, including without limitation the provision of incentives for economic development, relating to its government and affairs;
WHEREAS, economic incentive agreements including the incentives and other provisions set forth in this Agreement pertain to the government and affairs of the City; and WHEREAS, the real property at 2580 Galvin Drive has remained underutilized for at least one year; and WHEREAS, the Subject Project is expected to create job opportunities within the City; and WHEREAS, the Subject Project will serve to further the development of adjacent areas; and WHEREAS, without this Agreement, the Subject Project would not be possible; and WHEREAS, Motorola Solutions meets high standards of credit worthiness and financial strength; and WHEREAS, the Subject Project will strengthen the commercial and industrial sectors of the City; and WHEREAS, the Subject Project will enhance the tax base of the City; and WHEREAS, this Agreement is made in the best interests of the City. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The foregoing recitals are incorporated into this Agreement in their entirety. 2. Subject Project. Motorola Solutions, at its cost, shall develop the Subject Project. The development of the Subject Project shall substantially conform in all material respects with all applicable legal requirements, including, but not limited to, city ordinances and codes, the terms of this Agreement, or as otherwise directed by the City as is necessary to comply with ordinances, building codes or other requirements of law. Except as otherwise provided in this Agreement, all costs and expenses relating to the Subject Project shall be the responsibility of and shall be paid for by Motorola Solutions, and from tenant improvement funds to be provided by Motorola Solutions’ landlord in connection with the lease to be entered into to facilitate the Subject Project. 3. Economic Incentives. In consideration for Motorola Solutions’ undertaking of the Subject Project, the City agrees to provide economic incentives to Motorola Solutions to be used by Motorola Solutions solely and only for the Subject Project. Such economic incentives shall consist of and be distributed to Motorola Solutions as follows:
“Fast-Track” Permitting Process and Waiver of Development Building Permit Fees The City will conduct a “fast-track” permitting process for Motorola Solutions and waive any development, impact, application, administrative and building permit fees which would otherwise be due and payable to the City in connection with the proposed $18 million expansion of Motorola Solutions’ facility at 2580 Galvin Drive. Any other governmental agency fees (other than those of the City) and any third-party engineering review fees shall be paid by Motorola Solutions. 4. Miscellaneous.
A. That this Agreement shall not be deemed or construed to create an employment, joint venture, partnership, or other agency relationship between the parties hereto. B. That all notices or other communications hereunder shall be made in writing and shall be deemed given if personally delivered or mailed by registered or certified mail, return receipt requested, to the parties at the following addresses, or at such other addressed for a party as shall be specified by like notice, and shall be deemed received on the date of such personal delivery or the second business day following the date of such mailing: TO THE CITY: TO MOTOROLA SOLUTIONS: Richard G. Kozal Jason Pierzchalski Assistant City Manager Global Real Estate Transactions and Governance City of Elgin Motorola Solutions, Inc. 150 Dexter Court 1303 East Algonquin Road Elgin, IL 60120-5555 Schaumburg, IL 60196 847.931.6633 847.340.5583 With a copy of any such notice to: William A. Cogley Corporation Counsel and Chief Development Officer City of Elgin 150 Dexter Court Elgin, IL 60120-5555 C. That the failure by a party to enforce any provision of this Agreement against the other party shall not be deemed a waiver of the right to do so thereafter. D. That this Agreement may be modified or amended only in writing signed by both parties hereto, or their permitted successors or assigns, as the case may be.
E. That this Agreement contains the entire agreement and understanding of the parties hereto with respect to the subject matter as set forth herein, all prior agreements and understandings having been merged herein and extinguished hereby. F. That this Agreement is and shall be deemed and construed to be a joint and collective work product of the City and Motorola Solutions and, as such, this Agreement shall not be construed against the other party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, in the terms or provisions contained herein. G. That this Agreement is subject to and shall be governed by the laws of the State of Illinois. H. That this Agreement shall be binding on the parties hereto and their respective successors and permitted assigns. This Agreement and the obligations herein may not be assigned without the express written consent of each of the parties hereto, which consent may be withheld at the sole discretion of either the parties hereto. I. The City and Motorola Solutions agree that, in the event of a default by the other party, the other party shall, prior to taking any such actions as may be available to it, provide written notice to the defaulting party stating that they are giving the defaulting party thirty (30) days within which to cure such default. If the default shall not be cured within the thirty (30) days period aforesaid, then the party giving such notice shall be permitted to avail itself of remedies to which it may be entitled under this Agreement. J. If either party fails or refuses to carry out any of the material covenants or obligations hereunder, the other party shall be entitled to pursue any and all available remedies as specified herein or otherwise available at law, equity or otherwise. Notwithstanding the foregoing or anything else to the contrary in this Agreement, with the sole exception of an action to recover the fees the City has agreed to waive pursuant to the preceding paragraph 3 of this Agreement, no action shall be commenced by Motorola Solutions against the City for monetary damages. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. Notwithstanding anything to the contrary stated herein or otherwise, MOTOROLA SOLUTIONS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT AND IN CONNECTION WITH ITS RECEIPT OF THE ECONOMIC INCENTIVE DESCRIBED HEREIN SHALL BE EXPRESSLY LIMITED TO THE VALUE OF THE DEVELOPMENT, IMPACT AND BUILDING FEE WAIVERS RECEIVED BY MOTOROLA SOLUTIONS FROM THE CITY IN CONNECTION WITH THIS AGREEMENT AND SUCH ECONOMIC INCENTIVE. Motorola Solutions shall have no other liability whatsoever, whether based on breach of contract, negligence, strict liability or any other claim and under no circumstances shall Motorola Solutions be liable for lost profits or revenues, special incidental, indirect, consequential or exemplary damages incurred by the City or any third party. K. Time is of the essence of this Agreement.
L. This Agreement shall be construed, and the rights and obligations of the City and Motorola Solutions hereunder shall be determined in accordance with the laws of the State of Illinois without reference to its conflict of laws rules. M. No past, present or future elected or appointed official, officer, employee, attorney, agent or independent contractor of the City shall be charged personally or held contractually liable under any term or provision of this Agreement including, but not limited to, because of their negotiation, approval, execution or attempted execution of this Agreement. N. Notwithstanding any other provisions of this Agreement, it is expressly agreed and understood by Motorola Solutions and the City that in connection with the performance of this Agreement, that Motorola Solutions shall comply with all applicable federal, state, city and other requirements of law including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, Motorola Solutions hereby certifies, represents and warrants to the City that all of Motorola Solutions’ employees and/or agents who will be employed for the Subject Project shall be legal residents of the United States. Without limiting the foregoing, and notwithstanding anything to the contrary in this Agreement, Motorola Solutions and its contractors and subcontractors shall comply with the Prevailing Wage Act in all respects relating to the Subject Project. The City shall have the right to audit any records in the possession or control of Motorola Solutions to determine Motorola Solutions’ compliance with the provisions of this section. In the event the City proceeds with such an audit, Motorola Solutions shall make available to the City Motorola Solutions’ relevant records at no cost to the City. If so desired by Motorola Solutions, the audit shall, to the extent permitted by law, be subject to reasonable confidentiality restrictions set forth in a confidentiality agreement agreed to by the parties. The provisions of this section shall survive any termination, completion and/or expiration of this Agreement. O. Motorola Solutions, on behalf of itself and its respective successors, assigns and grantees hereby acknowledges the propriety, necessity and legality of all of the terms and provisions of this Agreement and does hereby further agree and does waive any and all rights to any and all legal or other challenges or defenses to any of the terms and provisions of this Agreement and hereby agrees and covenants on behalf of itself and its successors, assigns and grantees of the Subject Project, not to sue the City or maintain any legal action or other defenses against the City with respect to any challenges of the terms and provisions of this Agreement, other than with respect to any failure of the City to perform its obligations under this Agreement. The provisions of this section shall survive any termination, completion and/or expiration of this Agreement. P. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same once duly executed and delivered to the other party. For the purposes of executing this Agreement, any signed copy of this Agreement transmitted by email or facsimile shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by email or facsimile shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such emailed or faxed copy of this Agreement shall be considered to have
the same binding legal effect as an original document. At the request of either party, any email or facsimile copy of this Agreement shall be re-executed by the parties in an original form. No party to this Agreement shall raise the use of e-mail or facsimile as a defense to this Agreement and shall forever waive such defense. Q. If any provision or part thereof of this Agreement or the application of any such provision or part thereof to any party, person or circumstance shall be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, then such invalidity, illegality or unenforceability shall not affect any other provision or part thereof. IN WITNESS WHEREOF, the City and Motorola Solutions have executed this Agreement on the date and year first written above. CITY OF ELGIN: MOTOROLA SOLUTIONS, INC: By: _________________________ By: _____________________________________ David J. Kaptain, Mayor Its: Attest: _____________________________ Kimberly Dewis, City Clerk
Resolution No. 15-129 RESOLUTION ACCEPTING THE PROPOSALS FOR THE CITY OF ELGIN'S INSURANCE PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to accept the proposals on behalf of the City of Elgin for the city’s insurance program commencing October 1, 2015 as follows: a.
To accept Travelers’ renewal proposal for liability and crime insurance for an annual premium of $541,602.
b.
To accept Safety National’s renewal proposal for excess workers’ compensation insurance for an annual premium of $210,323.
c.
To accept Mesirow Insurance Services, Inc.’s renewal proposal for insurance broker and risk management consulting services for a three-year term and cost of $94,500.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an agreement with Mesirow Insurance Services, Inc. dated September 30, 2015, a copy of which is attached hereto and made a part hereof by reference. ____________________________________ David J. Kaptain, Mayor Presented: September 23, 2015 Adopted: Vote: Yeas Nays: Recorded: Attest: ____________________________ Kimberly A. Dewis, City Clerk
Resolution No. 15-123 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2 WITH HR GREEN, INC. FOR CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES IN CONNECTION WITH THE 2013 COMBINED SEWER SEPARATION PROJECT-BLUFF CITY BOULEVARD PHASE I BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an amendment agreement no. 2 on behalf of the City of Elgin with HR Green, Inc. for construction administration and inspection services in connection with the 2013 Combined Sewer Separation Project-Bluff City Boulevard Phase I, a copy of which is attached hereto and made a part hereof by reference. _______________________________________ David J. Kaptain, Mayor Presented: September 23, 2015 Adopted: Vote: Yeas Nays Recorded: Attest:
_________________________ Kimberly A. Dewis, City Clerk
Resolution No. 15-124 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF ELGIN AND SCHOOL DISTRICT U-46 PROVIDING FOR A SCHOOL RESOURCE OFFICER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute on behalf of the City of Elgin an Agreement between the City of Elgin and School District U-46 providing for a school resource officer, a copy of which is attached hereto and made a part hereof by reference. ____________________________________ David J. Kaptain, Mayor Presented: September 23, 2015 Adopted: Vote: Yeas Nays: Recorded: Attest: ____________________________ Kimberly A. Dewis, City Clerk
Resolution No. 15-125 RESOLUTION ESTABLISHING AN HONORARY STREET NAME FOR FATHER EDWARD J. SEISSER FOR DOMINICAN WAY WHEREAS, a formal application to endorse the dedication of Dominican Way to be dedicated with the honorary street name of Father Seisser Way was submitted to the City of Elgin by St. Edwards High School with a letter of support from Councilman Rosamaria Martinez; and WHEREAS, Father Edward J. Seisser, a native Elginite, served as superintendent of St. Edward Central Catholic High School from 2006 until August, 2015; and WHEREAS, Father Edward J. Seisser taught theology and history at St. Edward Central Catholic High School as well as coaching basketball; and WHEREAS, Father Edward J. Seisser received the Loyal Order of St. Edward Award in 2012; and WHEREAS, Father Edward J. Seisser was a faithful and diligent leader of St. Edward Central Catholic High School and a leader of the Catholic community in the Elgin area; and WHEREAS, the Mayor and members of the City Council wish to extend the appreciation and esteem of all Elgin citizens for Father Edward J. Seisser’s outstanding service to St. Edward Central Catholic High School and to the community; and WHEREAS, the Mayor and members of the City Council have determined that it is appropriate to formally recognize Father Edward J. Seisser. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Dominican Way be and the same is hereby dedicated with the honorary street name of Father Seisser Way. BE IT FURTHER RESOLVED that two honorary street signs shall be placed designating Dominican Way as Father Seisser Way.
____________________________________ David J. Kaptain, Mayor
Presented: September 23, 2015 Adopted: Vote: Yeas Nays: Recorded: Attest: ____________________________ Kimberly A. Dewis, City Clerk
2
Design Review Subcommittee of the Elgin Heritage Commission
July 14, 2015 Minutes
The meeting of the Design Review Subcommittee was called to order at 6: 00 p. m. in the City Council Chambers ( Located on the 21d floor of City Hall) by Chairman Wiedmeyer. MEMBERS PRESENT:
Rebecca Hunter, John Roberson, Dennis Roxworthy, Scott Savel, and John Wiedmeyer MEMBERS ABSENT:
Bill Ristow
CITY STAFF PRESENT:
Sarosh Saher, Senior Planner; and Cindy Walden, DRSC Secretary RECOGNIZE OTHER PERSONS PRESENT:
Dan Miller, Ms. Quindell PROPERTIES ON AGENDA FOR DISCUSSION: Old Business None
New Business
1.
806 W Highland Avenue —Reconstruction of decorative balusters at Juliet balcony
2.
125 Hilton Place — Replacement of three windows with new Jeld- wen aluminum clad wood windows
3.
821 N Spring Street —reconstruction of enclosed porch
4. 70 S. Chapel Street —replace existing, non -original stairs back to original length, rehabilitate porch back to original ( based on historic photograph/ drawings)
5.
450 Arlington Avenue —installation of privacy fence
6.
463- 465 St Charles Street— Submittal of porch details
7. 612 N Spring Street— Removal of front picture windows and replacement with two double hung wood windows 8. 712 Brook Street —demolition of existing garage, construction of new garage APPROVAL OF MINUTES:
Motion made by Committee Member Roxworthy to approve the DRSC minutes of June 9, 2015,
with the following word amendments: 1) pg. 5 " contractor" for "owner", pg. 5 " insulation" for installation"; pg 6. " may" for " shall"; and the 2015 Historic Rehabilitation Grant Application / Grant Subcommittee meeting of May 12, 2015, as submitted. The motion was seconded by Committee Member Savel. The motion passed unanimously.
Design Review Subcommittee —July 14, 2015 Page 2 of 15
ITEMS TABLED: None
OLD BUSINESS: None
NEW BUSINESS:
806 W Highland Avenue —Reconstruction of decorative balusters at Juliet balcony The owner has submitted an application for a Certificate of Appropriateness to restore the
handrail on the Juliet balcony.
The owner is proposing to use the same spindles used for their porch restoration at the Juliet balcony on the east elevation. The spindles will be 22 inches high. The owner has indicated that this will only be decorative and will not be used as a balcony. Elgin Design Guideline Manual Specifications:
Porch Columns and Railings
A.
should be preserved and maintained. Where repair is required, use materials to match the
original in dimensions and detailing. B.
should be rebuilt in historic designs if the original columns and railings have been removed or replaced.
C.
should have new balusters for the railing, if required. Porch balusters ( also called spindles) should be appropriate for the building' s style and period. The height of the railing should be in line with the window sill level, if present, and no greater than 30 inches in height.
Staff Recommendation:
Staff recommends approval of the Certificate of Appropriateness as submitted.
Dann & Nancy Farquher ( owners) and Dan Miller (contractor) were present for tonight' s COA discussion:
Juliet porch will be decorative element only; no person will be allowed on the Juliet porch. Extra spindles from the lower porch will be used for the Juliet porch.
Railing goes around the column; there is about 7 %" distance from the column to the outer edge of the existing Juliet porch. Unusual railing design, since typically railings meet up at the column. Old photograph proves the railing goes around the column and does not abut to the column in any fashion. Porch column and lower decorative supports appears to be original.
Motion made by Committee Member Sava] to approve as submitted.
The motion was seconded by Committee Member Hunter. The motion passed unanimously.
125 Hilton Place —Replacement of three windows with new Jeld- wen aluminum clad wood windows
The property owner has submitted a Certificate of Appropriateness (COA) to replace 3 windows. The windows include the front, second floor window; the north elevation, second
Design Review Subcommittee —July 14, 2015 Page 3 of 15
floor double -hung window; and the west elevation, first floor, double -hung window near the bay window. Staff conducted a site inspection on June 12, 2015. At that time, Staff assessed the window
condition and determined that the windows were in fair to poor condition. The first and second
floor, west elevation ( front) windows are missing their ropes and therefore, do not open properly. The north elevation, second floor double -hung window' s glazing is cracked and was found to be in the worst condition comparatively to the other two windows at the west elevation. The window sill at the west (front) elevation, second floor window was found to be beyond repair.
It should be noted that replacement windows were approved for the first, second floor and
basement at the Design Review Subcommittee' s meeting held on October 9, 2006 but work was never completed. The only window that was replaced is the second floor, south elevation double -hung window. it was replaced with an aluminum clad wood window.
The owner has already bought the replacement windows and indicated that they are nonrefundable. The replacement windows are Jeld-wen, double -hung, aluminum clad wood windows that match the window opening sizes and profiles. Elgin Design Guideline Manual Specifications: Windows A.
Which are original should be preserved in their original location, size, and design and with their original materials and numbers of panes ( glass lights).
B.
Which are not original should not be added to primary facades or to secondary facades where readily visible.
C.
Should be repaired rather than replaced, but if replacement is necessary, the recommended replacement should be in- kind to match the originals in material and design. Windows clad in aluminum or baked -on aluminum are acceptable as replacement
windows for use throughout the structure. Factors to be considered in determining whether the severity of deterioration of windows requires replacement shall include but
not be limited to the following factors: damage, excessive weathering, loss of soundness or integrity of the wood, deterioration due to rot or insect attack, and cost to repair. As to the
factor of the cost to repair windows, a particular window may be permitted to be replaced ratherthan repaired if the estimated cost to repair the windows is more than the estimated cost of the purchase and installation of appropriate replacement windows.
D.
Which are original of steel or aluminum should be repaired with materials to match the original. If repair is not feasible, replacement should be with new windows to match the
original as closely as possible in materials and dimensions. Aluminum extruded windows
are an acceptable replacement substitute for original steel sash windows, as long as their size, shape and profile match the original windows. E. F.
Vinyl extruded windows are not permitted for use in historic districts.
Which are new should not have snap -on or flush muntins. True divided muntins are preferred over these types of muntins which do not have the same appearance as historic
windows. New muntins which are an integral part of the window sash and installed on
both sides of the glass are preferable to snap -on simple grilles.
Design Review Subcommittee —July 14, 2015 Page 4 of 15
G.
screens and/ or storms should be wood or baked -on or anodized aluminum and fit within the window frames.
that are approved for replacement may be fitted with new double -paned Low -E glass that will improve the energy conservation on the interior. Only low -e glass that does not contain a tint should be used.
Staff Recommendation:
Staff recommends approval of the application with the following conditions: Based upon the recent site inspection, its non- contributing status and the previous Design
Review Sub -Committee approval, Staff would recommend approval for window replacement of 3 windows. 1.
The deteriorated front sill shall be replaced with treated wood, primed and painted and
match the existing size and profile of the existing sill.
Ebelin Tapia and Erika Solano (sisters/ owners) were present for tonight' s COA discussion: The new windows are to fit the existing window opening. Discussion/ comments made to support the replacement of the windows included:
Prior windows approved for replacement in 2006, although only one was installed at that time. Pictures provided of the sash and sill conditions of the upper front window.
Staffs comments in the report regardingthe condition of the three windows to be replaced. Motion made by Committee Member Roxworthy to approve with staff comments, and committee' s conditions as follow: 1) Sill of upper west window to be replace ( staff to approve
design), 2) Trim around the windows are to be retained. If deteriorated beyond repair, the trim is to be replaced in kind and profile.
The motion was seconded by Committee Member Hunter. The motion passed unanimously.
821 N Spring Street —reconstruction of enclosed porch The applicant has submitted an application for a Certificate of Appropriateness to completely reconstruct enclosed porch as the original porch was damaged due to a vehicular accident. Before the accident, this area was used as an additional room.
The proposed enclosed porch will have design details typical of that era of house and will have elements that if the applicant were to ever want to open up the porch, the elements (double -
hung windows and door) could be removed while keeping the overall design of the porch intact.
To note, the porch is not original to the house. The 1913 Sanborn map does not show a porch. However, the porch was added between 1913- 1950 as the 1950 Sanborn map shows a porch and a northern addition to the home. Elgin Design Guideline Manual Specifications: Porches
A. Should be maintained in their original design with original materials and detailing
Design Review Subcommittee— July 14, 2015 Page 5 of 15
B.
Should be repaired or replaced to match the original in design, materials, scale and placement
C. Should be screened only if the structural framework for the screen panels is minimal and the open appearance of the porch is maintained. Screen panels should be placed behind the original features such as columns or railings and should not hide decorative details or result in the removal of original porch materials,
D. Should have steps of the same material as the porch floor (e. g. porches with wood floors should also have steps made of wood, not concrete or brick)
E.
Should have poured concrete steps if the porch, patio or terrace floor is made of concrete see section on Porch Steps).
F.
Should have wood tongue and groove flooring running perpendicular to the fa4ade, if the porch floor is made of wood.
G.
Should have trellises made of wood, if trellises are appropriate.
H. Should be filled in as traditional for the type and style of the house or with decorative wood
1.
framed skirting, vertical slats, or lattice panels, if open areas in the foundation exist. Should not be removed if original to the dwelling
J.
Should not be enclosed with wood, glass, or other materials which would alter the porch' s open appearance.
Porch Columns and Railing A.
Should be preserved and maintained. Where repair is required, use materials to match the
B.
Should be rebuilt in historic designs if the original columns and railings have been removed
original in dimensions and detailing. or replaced
C. Should have new balusters for the railing, if required. Porch balusters ( also called spindles) should be appropriate for the building's style and period. The height of the railing should be in line with the window sill level, if present, and no greater than 30 inches in height. Porch Staircases and Steps
A. Should be retained in their original location and configuration, if original to the property. Wood and concrete steps should be repaired with materials to match the original. B.
Should be replaced with wood rather than brick or concrete, if the porch floor is made of wood.
C.
Should have their tread constructed in either 5/ 412 or 2x12 lumber. The ends of the treads
D.
Should have newel posts and balusters, treads and risers, to match original porch
should be bull -nosed and overhang the riser by no less than 1 inch. construction.
Staff Recommendation:
Staff recommends approval of the Certificate of Appropriateness as submitted and with the
following conditions: 1. The porch shall have the same footprint as the existing porch. 2.
That the decorative porch elements shall match the submitted drawings.
3.
All porch details shall be primed and painted.
4.
The handrail height shall be no more than 30 inches above finished floor.
S. The double -hung windows shall be wood or aluminum clad wood windows. 6.
The entrance door shall have one lite with two raised panels below with a material of wood or solid core fiberglass.
Design Review Subcommittee —July 14, 2015 Page 6 of 15
7. The proposed storm door shall be a full lite door.
Alva and Teo Ravadan ( daughter and son- in-law of owner), Tom Fend (Architect) and James Probeck and Ron Ploof (QCI- contractors) were present for tonight' s COA discussion:
Siding to be cedar shake shingle installed in a random pattern, similar to the asbestos siding on the main portion of the house.
Porch was recently removed due to life safety issues. The porch is a 3 season room with windows that can be removed if a future owner would prefer an open porch instead of a closed porch.
There are both a screen door and a standard door from the steps to inside the porch.
Bullnosed treads to be installed are 5/ 4 x 12. Exterior steps and landing: tongue and groove
1x4 decking installed perpendicular to the building; and balusters to be 2x2 ( I %actual dimension) with 2 h" spacing.
Motion made by Committee Member Roxworthy to approve with staff comments and the
following amendments: 1) landing to be 1x4 tongue and groove decking installed perpendicular to the building (wood or composite material); and 2) balusters to be 2x2 ( 1 % actual dimension) with 2 h" spacing.
The motion was seconded by Committee Member Roberson. The motion passed unanimously.
70 S. Chapel Street— replace existing, non -original stairs back to original length, rehabilitate porch back to original ( based on historic photograph/ drawings) The applicant has submitted an application for a Certificate of Appropriateness to replace
existing, non -original stairs back to original length, rehabilitate porch back to original design based on historic photograph and drawings.
The following work was approved at the August 23, 2011 Design Review Subcommittee meeting. This work was approved for the previous owner. 1.
Replace front stairs and handrails
a.
Stairs to match original width
b. Relocate existing columns to original position
c.
Railing to be curved with turned spindles
Elgin Design Guideline Manual Specifications: Porches
A. Should be maintained in their original design with original materials and detailing B. Should be repaired or replaced to match the original in design, materials, scale and placement
Design Review Subcommittee —July 14, 2015 Page 7 of 15
C. Should be screened only if the structural framework for the screen panels is minimal and the open appearance of the porch is maintained. Screen panels should be placed behind the original features such as columns or railings and should not hide decorative details or result in the removal of original porch materials.
D. Should have steps of the same material as the porch floor (e. g. porches with wood floors should also have steps made of wood, not concrete or brick) E.
Should have poured concrete steps if the porch, patio or terrace floor is made of concrete see section on Porch Steps).
F.
Should have wood tongue and groove flooring running perpendicular to the fagade, if the porch floor is made of wood.
G.
Should have trellises made of wood, if trellises are appropriate.
H.
Should be filled in as traditional for the type and style of the house or with decorative wood
I.
framed skirting, vertical slats, or lattice panels, if open areas in the foundation exist. Should not be removed if original to the dwelling
J.
Should not be enclosed with wood, glass, or other materials which would alter the porch' s open appearance.
Porch Columns and Railing A. Should be preserved and maintained. Where repair is required, use materials to match the
original in dimensions and detailing. B.
Should be rebuilt in historic designs if the original columns and railings have been removed or replaced
C. Should have new balusters for the railing, if required. Porch balusters ( also called spindles)
should be appropriate for the building' s style and period. The height of the railing should be in line with the window sill level, if present, and no greater than 30 inches in height. Porch Staircases and Steps
A. Should be retained in their original location and configuration, if original to the property. Wood and concrete steps should be repaired with materials to match the original. B.
Should be replaced with wood rather than brick or concrete, if the porch floor is made of
C.
Should have their tread constructed in either 5/ 4x12 or 2x12 lumber. The ends of the treads
D.
Should have newel posts and balusters, treads and risers, to match original porch
wood.
should be bull -nosed and overhang the riser by no less than 1 inch. construction.
Staff Recommendation: Staff recommends approval of the Certificate of Appropriateness as submitted and with the
following conditions: 1.
That the decorative porch elements shall match the submitted drawings.
2.
All porch details shall be primed and painted.
3.
The handrail height shall be no more than 30 inches above finished floor.
Oscar Jimenez (owner) was present for tonight' s COA discussion:
This house is a HUGE project. Homeowner was praised by the commission and audience members for the work done so far and commended the owner on his proposed work too.
Design Review Subcommittee —July 14, 2015 Page 8 of 15
Columns have already been moved to the appropriate locations on the porch. Older photos indicate the siding goes all the way down to the floor on each column. Mr. Jimenez intends to replicate the photo images.
Staircase will be closed off by the knee wails. Raisers will be installed to close in the steps.
Treads are quite long and quite wide. Recommendation to use two 2x8 boards cut to expose equal tread width, including a 13/." bullnose overhang. Tread depth ( 12"- 14") will need to be reviewed and approved by staff. The spacing between the two tread boards should equal dimension of each exposed board.
Knee wall to be constructed with clear cedar siding. Profile of 2 Y2" ( approx.) to match the
profile of the porch siding. Staff will have to work with home owner on width of knee wall and the handrail above the knee wall.
Motion made by Committee Member Hunter to approve with staff comments and the
following amendments: 1) split tread (two W's cut to equal widths) with 13/" overhang with bullnose. Staff as approve depth of tread ( commission suggested appx. 12- 14");
2) repair porch
flooring in kind; 3) handrail of 4 %" top rail with W cove molding below, 2' Y
oo
s
The motion was seconded by Committee Member Roxworthy. The motion passed unanimously.
463- 465 St. Charles Street —Submittal of porch details
The submitted Certificate of Appropriateness was approved at the May 12, 2015 with the
Design Details regarding balusters and frieze to be approved by the Design Review Subcommittee at a later date (see updated submitted drawings for detailing). Elgin Design Guideline Manual Specifications: Porches
A.
Should be maintained in their original design with original materials and detailing
B.
Should be repaired or replaced to match the original in design, materials, scale and placement
C.
Should be screened only if the structural framework for the screen panels is minimal and the open appearance of the porch is maintained. Screen panels should be placed behind the original features such as columns or railings and should not hide decorative details or result in the removal of original porch materials.
D.
Should have steps of the same material as the porch floor (e. g. porches with wood floors should also have steps made of wood, not concrete or brick)
E.
Should have poured concrete steps if the porch, patio or terrace floor is made of concrete (see section on Porch Steps).
F.
Should have wood tongue and groove flooring running perpendicular to the fagade, if the porch floor is made of wood.
G.
Should have trellises made of wood, if trellises are appropriate.
H.
Should be filled in as traditional for the type and style of the house or with
decorative wood framed skirting, vertical slats, or lattice panels, if open areas in the foundation exist. I.
Should not be removed if original to the dwelling
J.
Should not be enclosed with wood, glass, or other materials which would alter the porch' s open appearance.
Porch Columns and Railing A. Should be preserved and maintained. Where repair is required, use materials to
match the original in dimensions and detailing. B.
Should be rebuilt in historic designs if the original columns and railings have been removed or replaced
C.
Should have new balusters for the railing, if required. Porch balusters ( also called spindles) should be appropriate for the building' s style and period. The height of the
Design Review Subcommittee —July 14, 2015 Page 11 of 15
railing should be in line with the window sill level, if present, and no greater than 30 inches in height. Porch Staircases and Steps A.
Should be retained in their original location and configuration, if original to the
property. Wood and.concrete steps should be repaired with materials to match the original.
B.
Should be replaced with wood rather than brick or concrete, if the porch floor is made of wood.
C.
Should have their tread constructed in either 5/ 4x12 or 2x12 lumber. The ends of
D.
Should have newel posts and balusters, treads and risers, to match original porch
the treads should be bull -nosed and overhang the riser by no less than 1 inch. construction.
Staff Recommendation:
Staff recommends approval of the Certificate of Appropriateness as submitted.
Travis Juracek (Habitat for Humanity Representative) was present for tonight' s COA discussion:
Habitat has been working on the project by removing the back porch as previously approved by the committee. Upper back railing will be 36" height. If a letter can be obtained from the future homeowner, the lower railing height would be only 30". Habitat would like to install a simple pattern in the skirting for the various porches. A repeating centered pattern containing diamond shapes alternating one diamond, then two diamonds, then one diamond, etc. Skirting will be block framed as usually with upper, lower, side boards, with a vertical board to continue to cover the columns.
Hand railing is a ladder style, with less than 4" opening. Not sure where to connect the handrai to the posts. Drawings indicate handrail would end above the round portion of the post, where
the railing ends directly into the round portion of the post. Commission the column could be removed and raised from the bottom to allow the railing and handrail to end below the round portion of the post.
Ghost/ outlines of prior brackets for the porch can be seen and need to be replicated.
Motion made by Committee Member Save; to approve as amended: 1) staff to approve handrail height and connection to the column/ post; 2) skirting detail/ design to be approved by staff prior to installation; and 3) corbels and brackets to match shadow lines for the front left
and front right porches only. Staff to approve corbel and bracket designs. The motion was seconded by Committee Member Roxworthy. The motion passed unanimously.
Design Review Subcommittee— July 14, 2015 Page 12 of 15
612 N. Spring Street —Removal of front picture windows and replacement with two double hung wood windows The applicant has submitted an application for a Certificate of Appropriateness to remove
existing first floor, front picture window and replace with two double hung, Marvin wood windows that will be centered and are more appropriate for the time period of which the house was built (1875).
The applicant has also indicated that the window hoods will match existing hood details and the height of the proposed sill will be at the height of the proposed porch handrail height approved at the April 28, 2015 Design Review Subcommittee meeting). Elgin Design Guideline Manual Specifications: Windows
A.
B.
Which are original should be preserved in their original location, size, and design and with their original materials and numbers of panes (glass lights). Which are not original should not be added to primary facades or to secondary facades where readily visible.
C.
Should be repaired rather than replaced, but if replacement is necessary, the
recommended replacement should be in- kind to match the originals in material and design. Windows clad in aluminum or baked -on aluminum are acceptable as
replacement windows for use throughout the structure. factors to be considered in
determining whether the severity of deterioration of windows requires replacement shall include but not be limited to the following factors: damage, excessive weathering, loss of soundness or integrity of the wood, deterioration due to rot or insect attack, and cost to repair. As to the factor of the cost to repair windows, a particular window may be permitted to be replaced rather than repaired if the estimated cost to repair the windows is more than the estimated cost of the purchase and installation of appropriate replacement windows.
D.
Which are original of steel or aluminum should be repaired with materials to match the original. if repair is not feasible, replacement should be with new windows to match the
original as closely as possible in materials and dimensions. Aluminum extruded windows are an acceptable replacement substitute for original steel sash windows, as long as their size, shape and profile match the original windows. E.
Vinyl extruded windows are not permitted for use in historic districts.
F.
Which are new should not have snap -on or flush muntins. True divided muntins are preferred over these types of muntins which do not have the same appearance as historic windows. New muntins which are an integral part of the window sash and installed on both sides of the glass are preferable to snap -on simple grilles.
G.
screens and/ or storms should be wood or baked -on or anodized aluminum and fit within the window frames.
H.
that are approved for replacement may be fitted with new double -paned Low -E glass
that will improve the energy conservation on the interior. Only low -e glass that does not contain a tint should be used.
Design Review Subcommittee —July 14, 2015 Page 13 of 15
Staff Recommendation:
Staff recommends approval of the application as submitted, as the proposed changes/ repairs to the structure will further enhance its architectural character.
Renate Adams (owner) and Dan Miller (contractor) were present for tonight' s COA discussion:
Commission expressed that with the realignment of the porch columns, the double hung windows will look more appropriate. Need to replicate existing window trim details.
Motion made by Committee Member Roxworthy to approve as amended: 1) Top and bottom trim to match horizontal lines of siding; and 2) match existing window trim details. The motion was seconded by Committee Member Hunter. The motion passed 4- 0- 1. ( Abstain: Savel)
712 Brook Street —demolition of existing garage, construction of new garage The applicant has submitted an application for a Certificate of Appropriateness to demolish the
existing garage and construct a new garage in the same location. The existing concrete driveway will remain.
Staff completed a site inspection of the carriage house on July 9, 2015 and determined that the materials and structure have been altered. Although not beyond repair, the building is in fair to poor condition. The property received a code violation pertaining to the garage in 2013. At that time, the Owner was notified to repair or demolish the existing garage.
The proposed garage will include the following: wood construction, gabled roof to match roof
shape of associated dwelling, paneled overhead door, and paneled service door. The applicant is the recipient of a 2013 75/ 25 grant award for the construction of a new garage. Elgin Design Guideline Manual Specifications:
Guidelines for Demolition
A. Should be avoided of any original feature or part of a pre -1945 building. B.
should not occur, unless:
1.
An emergency condition exists and the public safety and welfare requires the removal of the building or structure;
2. A building does not contribute to the historical or architectural character of the districts and its removal will improve the appearance of the districts; or 3.
The denial of the demolition will result in an Economic Hardship on the applicant
as determined by Chapter 20. 10 of Title 20 of the Elgin Municipal Code — "Elgin Historic Preservation Ordinance." 4.
The denial of the demolition will impede rehabilitation, or redevelopment of the
site, and/ or adjacent properties from substantially improving the aesthetic, architectural or economic value of the affected properties and surrounding area.
Design Review Subcommittee-- July 14, 2015 Page 14 of 15
Secondary Buildings: Garages, Sheds, other Outbuildings A. Should be smaller in scale than the dwelling; clearly secondary in nature.
B. Should be simple in design but reflecting the general character of the associated dwelling. For example, use gable roof forms if the
dwelling has a gable roof, hipped roof forms if the dwelling has a hipped roof etc.
C. Should be built at traditional locations for outbuildings in the locally designated districts. These include at rear lot lines, adjacent to
alleys, and at the back side of a dwelling; D.
Should be compatible in design, shape, materials, and roof shape to
E.
the associated dwelling; Should be of an exterior material to match the associated dwelling such as clapboard, stucco, or brick. However, if not readily visible
from the street, secondary buildings may have exterior substitute siding materials such as cement fiber board with appropriate trim and exposure and cementitious materials.
F.
Should be of traditional materials if readily visible. For garages, wood paneled doors are more appropriate than paneled doors of
vinyl, aluminum, or steel. Wood paneled overhead roll -up doors are
widely available and are appropriate for new garages. For two car garages the use of two single doors instead of one larger double
door is more appropriate for use in a historic district. However, one
double is unacceptable for garages of less than twenty-two feet. G. Should have windows in the garage doors are recommended, but
windows may not be appropriate in every case for garage doors. H.
Should have raised panel steel doors are acceptable and should be painted to match the house and set off the relief of the panels.
L
Should be in designs that are more appropriate for use with traditionally designed structures, if prefabricated sheds are proposed to be used.
J.
Should not be constructed of rough sawn cedar with knots.
Staff Recommendation:
Staff recommends approval of the request to demolish the carriage house as it meets the standard Bl —existence of an emergency condition on the property
Staff would recommend approval of the new garage if the following conditions are met:
1. That the proposed garage siding material will be clear cedar (no knots) and installed smooth side out in a profile and exposure to match the house' s existing wood siding.
Fiber cement board siding is also acceptable as the garage will be placed further back on the site and difficult to see from the public way.
2. That the siding and trim is to be painted a color to match or complement the existing house colors.
3.
That the garage roof matches the house in slope and form.
4. That the eaves shall not be boxed but shall be open to match eaves of existing house.
Design Review Subcommittee— July 14, 2015 Page 15 of 15
That the frieze board dimensions match existing house. The frieze board shall be a minimum of 8" ( not to exceed 10") to match house. The frieze board shall be painted. That all other details meet the Design Review Subcommittee' s recommendations. Ht+f i
Michelle Anderson (owned was present for tonight' s COA discussion:
Several details regarding the proposed garage were discussed. Pitch of roof to match house roof pitch. Gutters are not required with this style of roof. Window is not required on the
building structure or within the overhead door. Hardy board is an acceptable construction material.
Commissioners also indicated a " heavier" top board was needed above the overhead door. Top board should be either: a) 8" high flat board across the entire width, or b) an angled board with dimensions of 4" at each end, increasing in height to a peak of 10" at the center of overhead door opening.
Motion made by Committee Member Roxworthy to approve with staffs comments as amended: 1) board above the overhead garage door to be installed as one of the two options
listed above; 2) man door and overhead door to have 4" flat trim molding; 3) man door can have either 4 or 6 vertical panels; 4) 1x8 frieze board; 5) windows are not required on the
overhead door; and 6) hardy board with profile/ exposure to match house ( 4-4 h"). The motion was seconded by Committee Member Savei. The motion passed unanimously.
ADDITIONAL STAFF COMMENTS:
CORRESPONDENCE:
None
ADJOURNMENT:
Motion to adjourn was made by Committee Member Roberson. The motion was seconded by Committee Member Savel. The motion passed unanimously.
The meeting of the Design Review Subcommittee was adjourned at 8: 15 p.m. Respectf Iy submitted
Approved:
den Cindy A. Design Review Subcommittee Secretary
G
C
P
20 j
Design Review Subcommittee of the Elgin Heritage Commission
July 28, 2015 Minutes
The meeting of the Design Review Subcommittee was called to order at 6: 00 p. m. in the City
Council Chambers ( Located on the 2" d floor of City Hall) by Chairman Wiedmeyer. MEMBERS PRESENT:
Rebecca Hunter, Bill Ristow, Dennis Roxworthy, Scott Savel ( 6: 04), and John Wiedmeyer MEMBERS ABSENT: John Roberson
CITY STAFF PRESENT:
Christen Sundquist, Historic Preservation; and Cindy Walden, DRSC Secretary RECOGNIZE OTHER PERSONS PRESENT: None
PROPERTIES ON AGENDA FOR DISCUSSION: Old Business None
New Business
814 Brook St — Installation of handrails on concrete steps in front of the house.
926 Douglas Ave — Removal and replacement of two 10inch, round wood columns on front porch 418 Lowrie Ct — Construction of new garage
821 Brook St — Repair screen porch
APPROVAL OF MINUTES:
Motion made by Committee Member Roxworthy to approve the minutes of July 14, 2015, as amended ( pg. 10 - 2x2 boards). The motion was seconded by Committee Member Ristow. The motion passed unanimously. ITEMS TABLED: None
Design Review Subcommittee —July 28, 2015 Page 2 of 7
NEW BUSINESS: 614 Brook St —Installation of handrails on concrete steps in front of the house.
The application was originally scheduled for the June 23, 2015 meeting of the Subcommittee which was canceled due to lack of a quorum. The applicant has submitted an application for a Certificate of Appropriateness to install
handrails on concrete steps in front of the house.
Due to a previous injury at the front/ centered concrete steps, the applicant is proposing to
install handrails on concrete steps for stability when walking down and up the steps. The concrete steps found at the south of the property are not used as often as the central
concrete steps/ walkway and are not proposed to have handrails. Elgin Design Guideline Manual Specifications:
Porch Columns and Railing A.
Should be preserved and maintained. Where repair is required, use materials to match the
original in dimensions and detailing. B.
Should be rebuilt in historic designs if the original columns and railings have been removed or replaced
C. Should have new balusters for the railing, if required. Porch balusters ( also called spindles) should be appropriate for the building' s style and period. The height of the railing should be in line with the window sill level, if present, and no greater than 30 inches in height. Porch Staircases and Steps
A. Should be retained in their original location and configuration, if original to the property. Wood and concrete steps should be repaired with materials to match the original.
B.
Should be replaced with wood rather than brick or concrete, if the porch floor is made of wood.
C.
Should have their tread constructed in either 5/ 412 or 2x12 lumber. The ends of the treads
should be bull -nosed and overhang the riser by no less than 1 inch. D.
Should have newel posts and balusters, treads and risers, to match original porch construction.
Staff Recommendation:
Staff recommends approval of the Certificate of Appropriateness as submitted and with the
following conditions:
1. The handrail shall match the existing porch handrails. 2.
That the newel posts are located on and attached to the bottom concrete stair tread.
3.
That the newel posts shall be 6x6 capped with a post cap to match the existing newel posts.
4.
All handrail details shall be primed and painted.
Paris Donehoo (owner) was present for tonight' s COA discussion:
Owner requesting handrail for safety, especially in the icy conditions. Newel post would took more appropriate and provide for additional handrail area too.
Design Review Subcommittee —July 28, 2015. Page 3 of 7
Recommend newel post be brought down one more step. Motion made by Committee Member Ristow to approve as amended, with the newel post being placed one step down (from proposed illustration).
The motion was seconded by Committee Member Roxworthy. The motion passed unanimously.
926 Douglas Ave —Removal and replacement of two 10inch, round wood columns on front porch
The application was originally scheduled for the June 23, 2015 meeting of the Subcommittee which was canceled due to lack of a quorum.
The applicant has submitted an application for a Certificate of Appropriateness to remove two
2) existing columns at front porch and replace with new columns to match existing. Staff, Chairman Wiedmeyer and Commissioner Savel conducted a site inspection on June 12,
2015 of the existing columns. The columns closer to the home were inspected as they are in worse condition than the columns in front. It was found that there was major deterioration at the base, shaft and capital of the north column and major deterioration found at the base and shaft of the south column.
The applicant indicated that it will be too expensive to replicate the columns exactly. The applicant would like to replace the columns with 10 inch diameter, 10'- 0" tall columns. The
applicant was made aware that the replacement columns shall not be tapered as the original columns are straight with no entasis (the application of a convex curve to the surface of the column for
aesthetic purposes). it was suggested that the applicant could buy a straight column and use split wood dowels and a cap to replicate the turned column capital details. Elgin Design Guideline Manual Specifications:
Porch Columns and Railing A. Should be preserved and maintained. Where repair is required, use materials to match the
original in dimensions and detailing. B.
Should be rebuilt in historic designs if the original columns and railings have been removed or replaced
C. Should have new balusters for the railing, if required. Porch balusters (also called spindles) should be appropriate for the building' s style and period. The height of the railing should be in line with the window sill level, if present, and no greater than 30 inches in height. Staff Recommendation:
Staff recommends approval of the Certificate of Appropriateness as submitted and with the
following conditions:
1. The column capitals shall be the same height as the existing column capitals. 2.
The columns are not required to have entasis ( tapered from base to capital) but can be
Design Review Subcommittee —July 28, 2015 Page 4 of 7
3.
straight to match existing. All new columns shall be primed and painted.
Richard Burdick ( owner) was present for tonight' s COA discussion:
Owner indicated the columns are non- load bearing. Original COA request was to replace in kind. However the homeowner found and would like to install are straight columns in a 10"
diameter. A flat square bottom base plate and a top flat square cap would be installed. However no ring, no fluting and no capital. Committee members indicated the columns are a major detail to this style home. Since the
columns are non -load bearing, the column could be assembled in several pieces to mimic the existing columns in style including base, capital, rings and fluting. Homeowner requested the committee to vote on the COA as proposed with straight columns
without detailing. Motion made by Committee Member Roxworthy to approve the homeowner' s amended COA request ( straight 10" round diameter columns without detailing, installed with a flat base plate and flat top cap). The motion was seconded by Committee Member Hunter. Chairman Wiedmeyer requested an individual roll call for voting. The motion failed unanimously (0- 5). The homeowner was informed of the appeals process by staff member Christen Sundquist.
418 Lowrie Ct — Construction of new garage
The applicant has submitted an application for a Certificate of Appropriateness to construct a
new garage on the property. The property is relatively smaller than surrounding properties
3, 876 sci t. —approx. 76x51 feet) but contains sufficient land area to accommodate a garage. The existing asphalt driveway will remain and be extended to the rear to provide access to the new proposed garage.
The proposed 20x22 garage will be located towards the rear of the property and include the
following: wood frame construction, exterior cedar cladding, gabled roof with a 6: 12 pitch, paneled overhead door, and paneled service door. Additionally, staff has obtained information on the details of the trim corner boards, casings and the garage door. These details are included
in the elevation drawing prepared by staff. Elgin Design Guideline Manual Specifications:
Secondary Buildings: Garages, Sheds, Other'Cutbuildings A. Should be smaller in scale than the dwelling; clearly secondary in nature. B. Should be simple in design but reflecting the general character of the associated dwelling. For example, use gable roof forms if the dwelling has a gable roof, hipped roof forms if the dwelling has a hipped roof etc.
Design Review Subcommittee —July 28, 2015 Pagc 5 of 7
C. Should be built at traditional locations for outbuildings in the locally designated districts. These include at rear lot lines, adjacent to alleys, and at the back side of a dwelling; D.
E.
Should be compatible in design, shape, materials, and roof shape to the associated
dwelling; Should be of an exterior material to match the associated dwelling such as clapboard, stucco, or brick. However, if not readily visible from the street, secondary buildings may have exterior substitute siding materials such as cement fiber board with appropriate trim and exposure and cementitious materials.
F.
Should be of traditional materials if readily visible. For garages, wood paneled doors are more appropriate than paneled doors of vinyl, aluminum, or steel. Wood paneled overhead
roll -up doors are widely available and are appropriate for new garages. For two car garages the use of two single doors instead of one larger double door is more appropriate for use in a historic district. However, one double is unacceptable for garages of less than twenty-two feet.
G. Should have windows in the garage doors are recommended, but windows may not be appropriate in every case for garage doors. H.
Should have raised panel steel doors are acceptable and should be painted to match the house and set off the relief of the panels.
I.
Should be in designs that are more appropriate for use with traditionally designed
J.
Should not be constructed of rough sawn cedar with knots.
structures, if prefabricated sheds are proposed to be used.
Staff Recommendation:
Staff recommends approval of the request to construct the new garage if the following conditions are met:
1.
That the proposed garage siding material will be clear cedar (no knots) and installed smooth side out in a profile and exposure to match the house' s existing wood siding. Fiber cement
board siding is also acceptable as the garage will be placed further back on the site and not readily visible from the right-of-way. 2. That the siding and trim is to be painted a color to match or complement the existing house colors•
3.
That the garage roof matches the house in slope and form, but be no less than a 6: 12 slope.
4.
That the eaves shall not be boxed but shall be open to match eaves of existing house.
5. That the frieze board dimensions match existing house. The frieze board shall be a minimum of 8" ( not to exceed 10") to match house. The frieze board shall be painted. 6.
That all other details meet the Design Review Subcommittee' s recommendations.
Juan Estrada ( owner) was present for tonight' s COA discussion: Owner indicated the overhead door would be without glass windows, constructed of steel or aluminum with 8 rows of panels.
Committee members noted the following details which are to be included in the approval:
Head casing (board above the overhead door) to be 1x6 or 1x8 with 1x2 drip cap. Siding profile to match the house (appx. 4- 4' x" exposure).
Design Review Subcommittee —July 2$, 2015 Page 6 of 7
Gutters are not required by the committee, however Building CODE may require them. Gutters can be K -style or % round design.
Man door 6 panel proposed is okay for design. Needs 1x2 drip cap above. Trim to be 1x4 flat.
Rafters are to be enclosed, but not boxed.
Motion made by Committee Member Savel to approve with staff comments and details noted by committee above. The motion was seconded by Committee Member Roxworthy. The motion passed unanimously.
821 Brook St —Repair screen porch
The applicant has submitted an application for a Certificate of Appropriateness to rebuild the
screened porch area that is significant damaged due to rot. The screened room to the rear is
not being considered for rehabilitation at this time. The subject porch is located on the south side of the main house. The structure is supported on brick piers and screened with panels that are approximately 50% open ( glazed/ screened) with metal clad doors. The replacement panels will be in a design with larger openings to give a more traditional look to the screened porch. The application has provided a representative
picture to show the design being proposed. Elgin Design Guideline Manual Specifications., Porches
A. should be maintained in their original design with original materials and detailing. B. should be repaired or replaced to match the original in design, materials, scale, and placement.
C. should be screened only if the structural framework for the screen panels is minimal and the open appearance of the porch is maintained. Screen panels should be placed behind the original features such as columns or railings and should not hide decorative details or result in the removal of original porch materials.
D. should have steps of the same material as the porch floor (e. g. porches with wood floors should also have steps made of wood, not concrete or brick).
E. should have poured concrete steps if the porch, patio or terrace floor is made of concrete see section on Porch Steps).
F. should have wood tongue and groove flooring running perpendicular to the facade, if the porch floor is made of wood.
G. should have trellises made of wood, if trellises are appropriate.
H. should be filled in as traditional for the type and style of the house, or with decorative wood
framed skirting, vertical slats, or lattice panels, if open areas in the foundation exist. I. should not be removed if original to the dwelling. J. should not be enclosed with wood, glass, or other materials which would alter the porch' s open appearance.
Design Review Subcommittee - July 28, 2015 Page 7 of 7
Staff Recommendation:
Staff recommends approval of the Certificate of Appropriateness as submitted as it will bring the property closer to its original character. James Stenciler (owner) was present for tonight' s COA discussion:
Per the owner, the radiator system is setup for the space above as living space. The bow window would be removed and new windows in a new design would be installed to match the
rest of the screened porch. The screens and windows of the new porch are will be removable.
Commissioners expressed concern of material ( pine) proposed along the cement foundation. Maintenance and up keep would quickly become an issue. For longevity of the construction, other building materials were suggested to the homeowner. Motion made by Committee Member Savel to approve as submitted.
The motion was seconded by Committee Member Ristow. The motion passed unanimously.
ADDITIONAL. STAFF COMMENTS:
444 Raymond St- Noted as a " tabled item" on tonight' s agenda. Update on status; the existing
siding is being restored.
None
ADJOURNMENT:
Motion to adjourn was made by Committee Member Hunter.
The motion was seconded by Committee Member Ristow. The motion passed unanimously.
The meeting of the Design Review Subcommittee was adjourned at 7: 00 p. m. submitted,
Cindy A. Ven
Approved:
Design Review Subcommittee Secretary
August 25, 2015
Design Review Subcommittee of the Elgin Heritage Commission
August 11, 2015
Minutes
The meeting of the Design Review Subcommittee was called to order at 6: 02 p. m. in the City Council Chambers ( Located on the 2ntl floor of City Hall) by Chairman Wiedmeyer. MEMBERS PRESENT:
Rebecca Hunter, John Roberson, Dennis Roxworthy, Scott Save[, and John Wiedmeyer MEMBERS ABSENT: Bill Ristow
CITY STAFF PRESENT:
Christen Sundquist, Historic Preservation; and Cindy Walden, DRSC Secretary RECOGNIZE OTHER PERSONS PRESENT: None
PROPERTIES ON AGENDA FOR DISCUSSION: Old Business None
New Business 480 Regent Street
APPROVAL OF MINUTES:
No minutes were presented for consideration.
ITEMS TABLED: None
NEW BUSINESS: 480 Regent Street —Various Exterior Rehabilitations
The applicant has submitted a Certificate of Appropriateness ( COA) for general restoration and
rehabilitation including: 1.
2.
Repair and paint existing siding
Remove and replace deteriorated concrete stoop and sidewalk. The stoop and sidewalk
will match in size, detail and location as the existing.
Design Review Subcommittee —August 111 2015 Page
of
3. Replace side sun porch' s vertical siding with 8" wood, horizontal lap siding to match the existing siding on home 4. Repair all windows in home and install aluminum storm windows at all double -hung window locations S.
Replace two front picture windows with true divided light windows to match historic photograph.
6.
Remove window and air conditioning unit from west elevation and cover opening with siding to match the existing siding on home.
Staff conducted a site assessment on July 1, 2015. Staff found that the original wood siding was in good condition with only minor areas of deterioration found at the roof line and on the sides of the front dormers. The vertical siding at the side porch was found to be in poor condition.
Staff also assessed the windows throughout the house and found they were in good condition. The applicant indicated that they will be restoring the windows and will be installing baked -on aluminum storm windows at all the double -hung window locations. The front picture windows
are non -original features. The applicant specified that they will be replacing the windows with true -divided light, aluminum clad wood windows that will match the historic photograph.
The applicant stated that they will be enclosing the window opening found at the second floor, west elevation as they are splitting the second floor bedroom into two rooms. An interior wall will be located at the location of the existing opening. The opening will be covered with siding that matches in size and profile and staggers into the existing siding.
The applicant has also indicated that they will be restoring all exterior doors. The front, concrete stoop was found to be in overall good condition with slight deterioration found at the north corner of the stoop. This area exhibits a spall caused by the corroded handrail. Staff explained to the applicant that original materials must be retained and restored
if they are not beyond repair. The sidewalk leading up to the home is in poor condition.
Elgin Design Guideline Manual Specifications: Wood Siding
A. Should be repaired rather than replaced, if original. If replacement is necessary, wood siding and shingles should be replaced with new cement board or shingles to match the original in size, placement, and design. Wood that has been concealed beneath synthetic sidings such as aluminum, asbestos, or vinyl should be repaired and the
synthetic sidings removed. Following the removal of synthetic sidings, the original
siding should be repaired to match the original, caulked and painted. If the " ghosts" or outlines of decorative missing features are revealed, these should generally be replicated and reinstalled. If these features are not replaced, they should be recorded through photographs or drawings for future replication.
Design Review Subcommittee —August 11, 2015
Page 3 of b B.
Should be insulated if the addition of the insulation does not result in alterations to the
C.
Should have original asbestos shingles kept stained or painted. If asbestos shingle siding
siding. The creation of plugs or holes for blown -in insulation is not acceptable. is deteriorated or poses a health hazard, it may be removed and replaced with wood or
other substitute siding. Removal of asbestos siding should follow hazardous material guidelines.
D.
Should not be concealed beneath synthetic materials such as vinyl, Masonite, or
aluminum, if original. Original siding should also not be concealed beneath wood -based materials such as particleboard, gyp board, or pressboard. These materials generally do not possess textures or designs which closely match original wood siding. However, if more than 50% of the original siding material is damaged beyond repair, or missing, substitute materials may be applied if the following conditions are met: the existing damaged siding materials are removed prior to the installation of substitute materials;
Vinyl material is not permissible. Rather, cement board is and should be smooth without knots and be accented with trim Finger jointed board stock is acceptable, however, natural continuous board stock is
preferable for use as siding. The application of these materials must not result in the concealment of or removal of original
decorative detailing or trim including window and door surrounds. However, if no trim or surrounds exist then new wood trim in the form of fascia, corner boards, base boards, molding and windows should be installed.
Substitute materials should match the dimensions of the original wood siding as closely as possible. The cement board should abut the wood trim and be caulked to prevent moisture damage. Windows
A. Which are original should be preserved in their original location, size, and design and with their original materials and numbers of panes (glass lights).
B. Which are not original should not be added to primary facades or to secondary facades where readily visible.
C. Should be repaired rather than replaced, but if replacement is necessary, the recommended replacement should be in- kind to match the originals in material and design. Windows clad in aluminum or baked -on aluminum are acceptable as replacement windows for use throughout the structure. Factors to be considered in
determining whether the severity of deterioration of windows requires replacement shall include but not be limited to the following factors: damage, excessive weathering, loss of soundness or integrity of the wood, deterioration due to rot or insect attack, and cost to repair. As to the factor of the cost to repair windows, a particular window may be permitted to be replaced rather than repaired if the estimated cost to repair the
windows is more than the estimated cost of the purchase and installation of appropriate replacement windows.
D.
Which are original of steel or aluminum should be repaired with materials to match the original. If repair is not feasible, replacement should be with new windows to match the
Design Review Subcommittee— August 11, 2015
Page 4 of 6
original as closely as possible in materials and dimensions. Aluminum extruded windows are an acceptable replacement substitute for original steel sash windows, as long as their size, shape and profile match the original windows.
E.
Vinyl extruded windows are not permitted for use in historic districts.
F. Which are new should not have snap -on or flush muntins. True divided muntins are preferred over these types of muntins which do not have the same appearance as historic windows. New muntins which are an integral part of the window sash and
installed on both sides of the glass are preferable to snap -on simple grilles. G. screens and/ or storms should be wood or baked -on or anodized aluminum and fit within the window frames.
H. that are approved for replacement may be fitted with new double -paned Low -E glass that will improve the energy conservation on the interior. Only Caw -e glass that does not contain a tint should be used. Porches
A. Should be maintained in their original design with original materials and detailing. B.
Should be repaired or replaced to match the original design, materials, scale and replacement
C. Should be screened only if the structural framework for the screen panels is minimal and the open appearance of the porch is maintained. Screen panels should be placed behind the original features such as columns or railings and should not hide decorative details or result in the removal of original porch materials.
D. Should have steps of the same material as the porch floor (e. g. porches with wood floors E.
should also have steps made of wood, not concrete or brick). Should have poured concrete steps if the porch, patio or terrace floor is made of concrete ( see section on Porch steps)
F.
Should have wood tongue and groove flooring running perpendicular to the fagade, if the porch floor is made of wood.
G. Should have trellises made of wood, if trellises are appropriate H.
Should be filled in as traditional for the type and style of the house, or with decorative
wood framed skirting, vertical slats, or lattice panels, if open areas in the foundation exist.
1.
Should not be removed if original to the dwelling.
I
Should not be enclosed with wood, glass, or other materials which would alter the porch' s open appearance.
Porch Staircases and Steps
A. Should be retained in their original location and configuration, if original to the
property. Wood and concrete steps should be repaired with materials to match the original.
B.
Should be replaced with wood rather than brick or concrete, if the porch floor is made of wood.
C.
Should have their tread constructed in either 5/ 412 or 2x12 lumber. The ends of the
D.
Should have newel posts and balusters, treads and risers, to match original porch
treads should be bull -nosed and overhang the riser no less than 1 inch. construction.
Screen, Storm and Security Windows
Design Review Subcommittee —August 11, 2015
Page 5 of 6
A. Should coincide at the original meeting rail, if a sash window is uneven. B. Should be correctly sized to fit the window opening including round arched windows C. Should be wood or baked -on or anodized aluminum and fit within the window frames,
not overlap the frames. Screen window panels should be full view design or have the meeting rail match that of the window behind it. D.
Should be sized and shaped to fit the window opening. Round arched window openings should be preserved and not closed off with wood panels in new storm windows.
E. Should preferably be of wood but aluminum full -view design and with baked -on enamel or anodized finish in dark colors are also acceptable.
F.
Should be full -view design or with the central meeting rail at the same location as the historic window.
G.
Should have built-in lower screens, if triple track.
Staff Recommendation: Staff recommends the approval of the COA as submitted and with the following conditions: 1. The shutters shall be removed and not replaced as they are non -original features to the home.
2. The concrete stoop shall be retained and repaired as it is an original feature to the home and is in overall good condition.
If the front stoop is approved as proposed, staff recommends that the Design Review
Subcommittee recommend the stoop to match the existing in size, reveal, and detail. Ryan Spillane (owner' s son) was present for tonight' s COA discussion:
House is being renovated to sell. Ryan brought images of the front stoop to show the deterioration of the foundation under the right ( east side). Would prefer to remove and
replace the existing front stoop with same profiles and details. Railing would be removed, sent out for powder coating and then reinstalled. Commissioners agreed that with the spatting of the porch floor, left corner missing and foundation failing in a few places that a repair would not uphold the need. Replacement should be completed.
Windows proposed for front picture windows are simulated divided lites. Muntins/ rails are 1 %".
Although the dimension sounds large, the 1950' s photo clearly shows large/ wider than
usual muntins.
Shutters on the entire house should be removed, as they extend beyond the height of the glass panes. Shutters are not seen in the 1950' s photo. Removal of shutters will provide a must
cleaned look to the house.
Air conditioning unit in the upper western bedroom could be removed and siding staggered in to the wall. However, commissioners expressed concerns for required building code for light and egress. By dividing the room into two rooms, the overall window area is reduced.
Design Review Subcommittee— August 11, 2015 Page 6 of 6
Additionally, commission would prefer to see two double hung windows added to the west elevation to mirror the window placement of the east side 2nd floor. Window style, and trim details to match the east elevation windows.
Motion made by Committee Member Savel to approve as amended: 1) Concrete sidewalk, stoop and threshold to be replaced in kind, same profile, existing railing to be reinstalled with bolts of sunk into the new concrete; 2) Sun porch siding to be clear smooth cedar (8" exposure) to match the house profile, inside corners to have a 1 Y4" trim board, outside corners match
existing (if any), frieze board replacement ( if needed) to match existing in kind, window trim to be replaced in kind and profile; 3) Two front picture windows will each have 24 simulated
divided lites, brick mold to match existing windows; 4) 2nd floor west elevation to have two new solid wood or wood with aluminum clad windows with 6 over 6 lites, trim/ profile to mimic
details and profile of east elevation windows. Medium rail width to be used ( 2" side & top, and 3" on bottom). Muntins to match as dimension of east windows as close as possible.
The motion was seconded by Committee Member Hunter. The motion passed unanimously. ADDITIONAL STAFF COMMENTS: None
CORRESPONDENCE: None
ADJOURNMENT:
Motion to adjourn was made by Committee Member Roberson. The motion was seconded by Committee Member Roxworthy. The motion passed unanimously.
The meeting of the Design Review Subcommittee was adjourned at 6: 40 p. m. Respectfully submitted,
Cindy A. Wa
n
Design Review Subcommittee Secretary
Approved:
August 25, 2015
PLANNING & ZONING COMMISSION
City of Elgin August 3, 2015 Minutes
The regular meeting of the Planning & Zoning Commission was called to order at 7: 00 p.m. on Monday, August 3, 2015, in the City Council Chambers.
Commissioner Siljestrom welcomed Ms. Jerri McCue to the Planning & Zoning Commission,
via the Oath of Office process.
Members Present: Karen Beyer, Jay Cox, Corey Dixon, Beth Kruger, Jcrri McCue, Loretta Revesz and Chairman Robert Siljestrom. Members Absent: None.
Staff Present: Sarosh Saber, Senior Planner
APPROVAL OF MINUTES.INUTES. Motion Motion made by Commissioner
Kruger to approve the minutes of July 6, 2015, approved as
submitted.
The motion was seconded by Commissioner Beyer. The motion passed 7- 0.
Oath Administered: The court reporter administered the oath to all persons desiring to testify. PETITION TO BE CONSIDERED:
Consideration of Petition 13- 15
Requesting to establish a social service agency/ membership organization in the CCI Center City District. The subject property is located at 73 Riverside Drive, Units A & B, by Elgin Alano Club as Applicant, and Spring Lane investment, as Owner. No objectors were present.
Commissioner Cox moved to recommend that City Council approve Petition 13- 15, subject to the conditions outlined within the staff report; and to adopt as the findings of the Commission, the documents and conditions provided within such staff report. Commissioner Revesz seconded the motion, which was adopted 6- 1. ( Nay: McCue)
Planning & Zoning Commission August 3, 2015 Page 2 of
OTHER BUMNESS: None.
PENDING DEVELOPMENT APPLICATIONS:
Mr. Saber gave a summary of pending applications. ADJOURNMENT:
Motion to adjourn was made by Commissioner Cox.
The motion was seconded by Commissioner Kruger. The motion passed unanimously. The meeting of the Planning & 'Zoning Commission was adjourned at 7: 29 pan. Respectfully submitted,
Sarosh Saher, Secretary September 8, 2015
Date Approved by the Planning & Zoning Commission
ELGIN
Sustainability Commission Agenda
Tuesday, May 12, 2015 6 PM, Robert Gilliam Municipal Complex,
City Hall, Second Floor South Conference Room, 150 Dexter Ct. A.
Call to order (chairperson)
B.
Roll Call ( staff liaison)
Chairman Masterson and Commissioners Frazier, Hernandez, Knoerr & Segel present. C.
Approval of previous meeting' s minutes
Minutes were approved from the April 14, 2015 meeting. D.
Discussion Items
1.
Gail Borden Public Library recycling event in June. I. Update from Danielle Henson regarding budget items.
Danielle did not attend the meeting. Liaison shared the updated budget, provided via email from Danielle Henson. Liaison updated commission about Elgin Recycling' s
quote to provide electronic recycling at the event. The quote was $ 2000, which
makes it a nearly impossible option. Liaison recommended the library cut this part of the event, as there is a free electronic recycling event with Kane County the morning
of the library' s event. Liaison also updated commission that Danielle was informed, the commission funds would not pay for food or shredding truck, as discussed at the
April meeting. The new budget suggested the commission pay $ 200 for the DJ at the event. It is assumed she will have us pick up another line item or two, and the commission will still support the event with up to $ 1000 in funding. 2.
Partners for Places & Grand Victoria Foundation
i.
Review materials related to the Request for Proposal, discuss project ideas for Elgin, and have the opportunity to ask Rachel Traficanti ( Program Officer with the Grand Victoria Foundation) questions.
Rachel Traficanti introduced herself and the opportunity with Partners for Places. The
new round of funding would open in June, and application would need to be submitted by July. The next round starts in the winter, with the deadline in December. The city would need to develop a plan and proposal for funding. Most projects are awarded between $ 50, 000 and $ 150, 000, and awardee has two years to
spend the money on the projects. Chairman Masterson inquired if we would be able to partner with a local company, such as Wanxiang Energy, which manufactures solar panels. Rachel explained that the partnership could only be with a municipality. Commissioner Frazier said she' d like to incorporate a project that could link
sustainability with economic growth in Elgin. Chairman Masterson wants to reinstate
the home energy audits that allow for rebates related to upgrades on homes like additional installation, ceilings, furnaces, windows and doors. Commissioner Frazier
suggested that code inspection could help to verify that installations were done properly after permit was attained. Commissioner Frazier suggested sponsoring an entrepreneurial " shark tank" event to encourage small startup businesses. Liaison stated she will talk to Kyla Jacobsen about potential water projects the city could
initiate. Commissioners also mentioned Fox River Country Day School projects, such
as turning a building into a nature center. Chairman Masterson suggested converting the police fleet vehicles to using liquid propane. It was also mentioned that it could be beneficial to purchase electric vehicles for code enforcement. Commissioner
Hernandez suggested that a community composting project could be beneficial and Rachel confirmed that several composting projects have been supported in the past. Liaison will follow up and send a list of approved community projects related to composting. Commissioner Hernandez suggested each commissioner take on one idea to research and find prices. Chairman Masterson asked the liaison to look into the retrofit program and see what has happened, if its no longer promoted, or where
it' s funding stands. The commission agreed that this opportunity will need to be an ongoing conversation, and we should try to apply for the winter round. E.
Working Group Reports
F.
Old Business
1.
Habitat for Humanity partnership
I.
Discuss partnership and review plans from Kathy Haerr & Judi Brownfield Barbara Beckman, executive director for Habitat for Humanity, was present. Judi and
Kathy introduced Barb and presented plans they have created for the Sustainability Resource Development and Collaboration Center. Kathy provided materials related
to objectives and projects. Habitat has agreed to allow the Sustainability Commission
to hang a sign, create a window display and install an informational kiosk. Monthly gatherings can take place there, in order to provide space for educational workshops
and planning meetings. Barb shared that they are a community-based organization and they have been wanting to collaborate with our groups. They felt this idea ties in well. Judi said it' s a " home and heart" for the commission to have a vision. Habitat
for Humanity in Elgin is its own independent 5016, has its own board of directors, and financing, yet it is still a branch of the national organization. The Northern Fox
Valley Habitat for Humanity is turning 25 on July 31. They would like to have some of the display completed by then. Kathy suggested working groups begin meeting the following week, with no more than two commissioners present at a meeting. The liaison suggested created a Google document where commissioners can sign up for
meeting dates. On Monday, May 18, from 6- 7 p. m., Commissioners Hernandez and Segel will meet with Judi and Kathy at Sunset Books. On Thursday, June 4, at 7 p. m., Commissioner Knoerr and staff liaison will meet at Sunset Books. Liaison will put
together a list of completed and Sustainability Commission projects to be used in display or kiosk. 2.
Gail Borden Public Library partnership L
Potential for updates on summer projects
There were no updates regarding the Gail Borden Public Library partnership.
3. Sustainability Honor Roll i.
Review any new nominations There were no new nominees, however Chairman Masterson plans to write a nomination for Sherman Hospital.
R.
Discuss logistics (frequency, recognition, etc.) The commission agreed it would be best to give out two awards per year, one in April
on in October, with voting taking place in March & September. It was agreed to invite Mayor Kaptain to a sustainability commission meeting to present the award and take a photo with the awardee. Liaison will contact the Mayor and see if he can attend the June 2015 meeting to present Deb Perryman' s award. G.
Commissioner comments/ announcements
1.
Update from Chairman Masterson regarding trip to Freedom Field
Chairman Masterson is waiting to hear back from Chet from Freedom Field to set up a date or two for the commission to visit the facility.
Commissioner Segel announced that a commission survey is coming from Strategic Plan Advisory Committee. He would like us to track and have follow up with programs and groups
that the commission supports financially. Commissioners suggested we try to find what sustainable efforts are happening amongst different city departments so that we can support those efforts and work collaboratively instead of duplicating efforts. H.
Adjourn
The City of Elgin is subject to the requirements of the Americans with Disabilities Act (ADA) of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/ or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are requested to contact ADA coordinator, at ( 847) 931- 6076, or TTY/ TDD (847) 931-5616 promptly to allow the City of Elgin to make reasonable accommodations for those persons.
il _,
ELGIN
Sustatnablilty Commisslon
Minutes
Tuesday, June 9, 2015 6 PM, Robert Gilliam Municipal Complex,
City Hall, Second Floor South Conference Room, 150 Dexter Ct. A.
Call to order (chairperson)
B.
Roll Call ( staff liaison)
Commissioners Frazier, Hernandez, Jacobs, Knoerr, Masterson, and Segel present. C.
Approval of previous meeting' s minutes
The commission approved the May 2015 minutes. D.
Communications
1.
Sustainability Honor Roll presentation
Mayor Kaptain spoke about Deb Perryman and her accomplishments in both Elgin' s academic community and the natural environment. He then presented Deb the award and the two posed for a few pictures. Deb then spoke of how honored she was to receive this award and how much she enjoys working in Elgin.
2.
Friends of the Fox presentation by Gary Swick
Gary described how Friends of the Fox has been working on water quality tests
Water Quality Network Outreach Education, Elgin Report), which has been supported by the commission for a number of years. He recently presented with Deb Perryman at the Fox River Summit. They are planning to get municipalities,
of which there are 28 total in Fox River watershed, to help fund educators.
Aurora will be the next municipality to try to get involved. Gary would like to talk to 80 mayors. While the goal of $50,000 in funding is a high number, he suggested it is attainable spread out between the 28 municipalities. Cindy
Wendt, paid staff member of Friends of the Fox, has been studying water as long
as Gary. Part of the money the commission funds applies to her hourly rate of 20/ hour. Gary stated they were definitely under budget this year. He suggested Kyla Jacobsen from the city of Elgin Water Department can report the exact cost from the last year when she returns from vacation. Many volunteers are involved
in this organization. Money mostly goes to time, mileage, and equipment (nets,
chemicals, waders). Gary initially hoped to get 2000 kids in the stream each year. Right now they get about 1000 in the fall, mostly 5 -6th graders but also some middle school from Boys and Girls Club in 7th & 8th grade. Gary showed the
streams and local places where they got in the water to collect data with schools. Over the last year 1100 students were involved in the 29 times they
took groups into the streams. They are working to fill the gap with McHenry County and East Dundee. Gary will provide the commission with a schedule of stream trips, so that commissioners may participate if desired. Stream
monitoring is the most powerful vehicle Gary has experienced in his career. He suggested it' s a great educator and way to engage children. He appreciates support of the effort and hopes we can pump it up by getting other municipalities involved. Liaison will email Gary for a schedule to pass along to commissioners in the future.
3.
Mighty Acorns presentation by Maura Neuffer Maura works both as the part time naturalist for the city of Elgin, and as an educator for the Conservation Foundation. Maura gave a presentation on Mighty Acorns, a program through the Conservation Foundation that the commission has supported for the past few years. She described the curriculum and seasonal organization of the program.
E.
Discussion Items
1.
Partners for Places & Grand Victoria Foundation
I.
Review community projects from the " Idea Bank" related to composting and water that have been approved. Continue discussion of Elgin project ideas for proposal.
Commissioner Segel stated that the last round seemed different on what projects were selected for support. He suggested that he language is very important. Commissioners discussed the need to find a project that would
benefit the entire community. Trying to help the tributaries that lead into the Fox would help the health of the overall river, which impacts so many communities surrounding the watershed. It was recognized that the proposal
must support a healthy environment, strong economy and well being for all residents. Commissioner Knoerr suggested some of the newer developed areas are maybe what we need to focus on. Commissioner Segel suggested we look for other grants opportunities, too. Commissioner Knoerr inquired if we could
commission Friends Of The Fox to conduct a study to help find needs. Commissioner Masterson liked the Providence, RI " Lots of Hope" project, but
other commissioners stated concerns of having a water source for such gardens. Commissioner Masterson would also like to bring back the home retrofit program. Commissioner Frazier stated that the Community Development
department has a number of grants available based on funding, and she can look into those further. She also suggested we could look at having those lower
incomes be more applicable for this type of retrofit programs. We should
continue to look for grants that will help support the efforts of the Sustainability Commission, while deferring this particular Partners for Places until we can talk to Kyla Jacobsen from the water department and find out what is needed from 2.
the water conservation side, and avoid being " water stupid." New chairperson appointment recommendation for City Council L Chairman Masterson is renewing his term, but as a commissioner this time, and would like give another commissioner the opportunity to be chairperson. Commissioner Jacobs nominated Commission Knoerr. Masterson nominated
Fraizer as well. Commissioner Frazier stated she is unable to do so with current time restraints. The commission unanimously supported the appointment of Commissioner Knoerr as new chairperson.
F.
Working Group Reports
G.
Old Business
1.
Habitat for Humanity partnership I. Continued discussion on plans & commission involvement/ sponsorship Commissioner Knoerr and the liaison updated the commission on their meeting
with Kathy Haerr and Judi Brownfield the Thrusday prior. They explained questions they asked regarding the resource center idea and what their roles would be. The commission stated concerns of the project not following typical protocol of proposal with a budget, approval/ denial, and support/ sponsorship. The commissioners also stated concerns of personal time that would be required. Commissioner Masterson suggested the project would be a startup
and in an area of town with little foot traffic. He inquired why we would not use
the library for such a project, which is already a center for information that has the traffic. Commissioner Knoerr said it' d be nice to partner with Habitat for
Humanity on a project, but that the organization does not need us by any means. Commissioner Masterson suggested asking Wanxiang New Energy to donate a couple solar panels for a south -facing roof on a home they build, and we could help finance the project and look into providing insulation for electrical power. Commissioners discussed that we have no problem getting marketing materials
and providing a website and social media presence for the commission as of now. As a city commission, if there are efforts we can support financially, and each project is brought forth, we can consider such projects. Those concerned about sustainable efforts can know that our meetings are a place to come. It' s
not our place to provide an education center and hire community coordinators, we are here as a vehicle to provide funds. Commissioner Jacobs questioned the
added value of having such coordinators in the system. The commission agreed they are not seeking to hire anyone for marketing at this time, but are willing to consider proposals for future projects in which Kathy Haerr and Judi Brownfield
are seeking financial support for.
2. Gail Borden Public Library " Swap This" event L Update on budget items to be covered by sponsorship Liaison provided an update as to which budget items would be covered by
commission sponsorship of the library event including record DJ, live art demo, and A to Z rental, totaling under the agreed $ 1000. 3. Sustainability Honor Roll i.
Review any new nominations
1.
Commissioner Masterson wants to nominate Sherman Hospital for their geothermal heating/ cooling system, but was concerned about who would receive the award in comparison to nominating an individual.
2. The liaison suggested nominating Carl Missele for this extensive volunteer restoration work at Hawthorne Hill Nature Center, and she will
write up the nomination for the July meeting. H.
Commissioner comments/ announcements
1.
Update from Chairman Masterson regarding trip to Freedom Field
Commissioner Masterson reported that Chet from Freedom Field recently blew out his
knee and had surgery. He is waiting for his full recovery before we can set a date. 2. Riverside Manor entryway project updates from liaison Liaison updated the commission that things were moving forward with this
neighborhood improvement grant. It will likely end up costing less than initially estimated as the neighborhood decided they only want a garden bed on the north corner of the entryway instead of both north and south corners.
3. Commission surveys handed out by liaison Surveys were not yet available. Liaison anticipated she would receive a link to send out to commissioners over the next week so surveys could be completed online.
4. The July 2015 meeting will be rescheduled for one week earlier than usual, on Tuesday, July 7, due to scheduling conflicts. Liaison will look into room availability and post notice to website and social media.
I.
Adjourn
The City of Elgin is subject to the requirements of the Americans with Disabilities Act (ADA) of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/ or participate in
this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are requested to contact ADA coordinator, at (847) 931-6076, or TTY/ TDD ( 847) 931- 5616 promptly to allow the City of Elgin to make reasonable accommodations for those persons.
Ail
ELGIN
Sustainability Commission
Agenda
Tuesday, July 7, 2015 6 PM, Robert Gilliam Municipal Complex,
City Hall, First Floor South Conference Room, 150 Dexter Ct.
Note: Meeting date & room differ from normal meetings A.
Call to order (chairperson)
B.
Roll Call ( staff liaison)
Commissioners Frazier, Hernandez, Jacobs, Knoerr, Masterson, and Segel all present. C.
Approval of previous meeting' s minutes The June 2015 minutes were approved.
D.
Discussion Items
1.
Partners for Places & Grand Victoria Foundation
Kyla Jacobsen, Water Directorfor the City of Elgin, will discuss community projects related to water to consider when applying for the Partners for Places grant. Kyla explained storm sewers and separate sewers. She also mentioned the six minimum controls in management of storm water: public education and outreach, public
involvement and participation, illicit discharge detection and elimination, construction site storm water runoff control, post -construction storm water management, and
municipal pollution prevention. Kyla explained where the City of Elgin gets its water,
primarily from the Fox River, but from 10 wells also. She said the city has a grant -writing agreement with Baxter & Woodman, which provides they will write a grant for us under the condition that if we receive the grant, they get the job. There are two grant opportunities, Partners for Places and 319 grants, which Kyla can work on with Mark
Phipps from Baxter & Woodman. The community of Elgin is still growing, and it would be good to start looking into conservation efforts. It would be nice to provide an
opportunity for people to get low -flow devices, or give out vouchers for such conservation products. It' d be beneficial to provide education on both water
conservation and storm water management. The City of Elgin owns 124 detention ponds. The newer subdivisions have their own. What we need to do with some of our detention basins is take out the concrete channels and mowed turf grass, and install
natural and native prairie plants. We have several storm water marketing materials
developed by Baxter & Woodman ready to distribute electronically. Commissioners discussed ways to reach people and make education personal, so they are likely to take action. Commissioner Hernandez stated her support for applying the grant to address a
water project need. It will be easy to give people something tangible to learn from just.
Commissioner Segel mentioned the added perk of saving energy, as nearly 70% of the
cost of water is in the energy to move. Commissioner Knoerr asked for a report on the cost of the rain garden. A neighborhood or park rain garden project with educational
signs may be an option. Commissioner Hernandez also suggested looking more at a composting project on a vacant city lot. A motion was passed for each commissioner to come up with three project ideas to go over with the commission next meeting. 2.
Mighty Acorns contract renewal review
Review budget for the 2015-1016 year of Mighty Acorns programming at Hawthorne Hill Nature Center. The budget provides scenarios for expansion of the program, with potentially two additional classrooms.
Liaison described the budget presented for the Mighty Acorns contract renewal. The cost for five classrooms would still cost less than the previous year' s three classrooms now
that there is one less instructor to pay. There would be a small cost for supplies, as there will be more students served. The commission would pay for five classrooms, and if five classrooms are unable to participate, remaining funds will roll over into the next year.
The commissioners expressed that they want to continue to support this program and its expansion. The budget was approved unanimously. E.
Old Business
1.
Sustainability Honor Roll Review any new nominations
Liaison presented her nomination for Carl Missele. The commission will vote in August, so that awardee can be notified and award ordered in time for the October meeting. F.
Commissioner comments/ announcements
1.
Commission survey status update
Liaison updated the commission that the survey was still being developed.
2. Commissioner Masterson provided two potential dates for a Freedom Field fieldtrip. The
group decided that Saturday, July 25 would work best. The plan is to leave the Centre at 8: 30 a. m. Liaison will reserve a bus.
3. Commissioner Masterson said that Wanxiang New Energy isn' t likely to donate any solar panels or offer discounts. However, there is a school grant program that is worth looking into.
G.
Adjourn
The City of Elgin is subject to the requirements of the Americans with Disabilities Act (ADA) of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/ or participate in ---this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are requested to contact ADA coordinator, at (847) 931- 6076, or TTY/ TDD ( 847) 931- 5616 promptly to allow the City of Elgin to make reasonable accommodations for those persons.
At ELGIN
Sustainability Commission
Agenda • Tuesday, August 18, 2015 • 6 PM Robert Gilliam Municipal Complex, City Hall Second Floor South Conference Room 150 Dexter Ct., Elgin, IL 60120
A.
B.
Call to order (chairperson)
Roll Call ( staff liaison) Chairman Knoerr & Commissioners Aageson, Frazier, Hernandez, Jacobs, Masterson and Segel present.
C.
Approval of previous meeting' s minutes Commissioner Frazier made a motion and July meeting minutes were approved.
D.
Communications 1.
Welcome new commissioners & recognize new chairperson
Liaison introduced the newly appointed Commissioner Aageson and recognized the Chairperson Knoerr to her newly appointed position. Liaison explained that Commissioner Keare was also appointed, but was unable to attend due to conflicts with the August meeting date that was rescheduled by liaison. We would recognize and welcome her at the September meeting. E.
Discussion Items 1.
Neighborhood Improvement Grant
Carl Missele will present an application for the Neighborhood Improvement Grant to fund two
free little libraries in the North Country Knolls Neighborhood. Carl Missele, Secretary of the North Country Knolls Property Owners Association presented the plans to build two little libraries in the neighborhood. Neighbors normally not involved in neighborhood activities presented the idea to the association. Little free libraries are weatherproof
boxes used to store books that can be removed and replaced by neighborhood residents. The neighborhood is rather large, with borders of Larkin Avenue, Randall Road, Highland Avenue and
McLean Boulevard. For this reason, they would like two libraries. One library would be off of a walking path in the neighborhood, and the other at 1835 Lin Lor Lane, on the corner of Lin Lor and Lyle. While you can buy purchase a basic pre -constructed Little Free Library model for under $200,
they can build two for roughly $300, or $150 each. One neighborhood resident, Doug Schroyer, has agreed to build them and donate some of his services and materials. The grant amount requested
is $ 150. Added to the proposal was a $ 35 fee for registration with the Free Little Library website, which will be paid for by the neighborhood group. When Carl left the meeting, the commission scored the grant application as follows
Neighborhood improvement Grant Scoring Sheet Project: Little Free Libraries for the North Country Knolls Neighborhood Date: 8/ 18/ 15
1.
Municipal Compatibility
a.
Project integrates with the City' s Sustainable Master Plan and is consistent with City policy and ordinances ( 0 to 10 points) 7
b. 2.
Project or activities require minimal maintenance and staff time (0 to 10 points) 10
Community Benefit
a.
Project proposes a creative approach to a neighborhood need or enhancement that helps meet the SMP goals ( 0 to 15 points) 12
b. Project activities address a highly recognized need within the neighborhood (0 to 15 points) 12 3.
Participation
a.
Project includes opportunities to involve neighbors in shaping and carrying out the project
b.
The project promotes opportunities to form partnerships with other groups or
0 to 30 points) 30
organizations to complete joint projects or activities ( 0 to 10 points) 8
4.
Project Feasibility a. The proposal demonstrates excellence in design, planning, and execution of the proposed project or activity (0 to 10 points) 10
b.
Budget reliably represents the projects expenses and revenue (0 to 10 points) 10
c.
The proposed project meets all grant guidelines and provides detailed matching
contribution by identifying specific dollar matching amounts and specific volunteer
scheduling as opposed to generalized representations of matching dollar amounts or volunteer support (0 to 10 points) 10 Total: 89/ 100
Comments: The commission requested that the liaison report back the remaining funds for Neighborhood Improvement Grants.
2.
Baxter & Woodman Stormwater Management Presentation & Discussion
Baxter & Woodman consultant, Joel Krausse, willjoin us to discuss ways his company can help the commission continue to implement the Sustainability Action Plan.
Joel explained that they are contracted through the city of Elgin to help with stormwater management and we can utilize their services for projects. Their current contract ends in
October/ November, and they are looking for ideas to present to city council. The six components
of the City' s stormwater management program include Public Education and Outreach, Public Involvement and Participation, Illicit Discharge Detection and Elimination, Construction Site Stormwater Runoff Control, Post -Construction Stormwater Management, and Municipal Pollution
Prevention. They' ve already helped previously with developing educational water bill inserts, flyers, articles for City newsletters, coordinating stream cleanups and more. He mentioned several objectives in the Sustainability Master Plan that could be addressed. Perhaps it would be worth creating content for the city' s website and Neighbor Newsletter, as well as organize elementary
school stream cleanups. Baxter & Woodman could educate and provide programs at the library
and look into storm drain stenciling. They are also able to assist developing supplemental language for ordinances and subdivision standards in Elgin. The commission wishes to follow up with Joel
Krause by September with ways to collaborate on projects relative to the commission' s Sustainability Action Plan in the areas of community outreach, education and economic development.
3.
Plastic Bag Ordinance
Explore creating an ordinance prohibiting plastic bags in Elgin as Chicago has done
Commissioner Jacobs stated that he brought this item to the agenda as a Plastic Bag ban ordinance
was recently adopted in the City of Chicago. The commission discussed how targeting big box retailers is seemingly a tax on larger businesses, which doesn' t really address the concern. With Elgin being a " mom and pop store" community, versus a big box commerce area, working with the smaller area businesses to change out plastic for recyclable or reusable bags may be the better
way to encourage environmentally -friendly commercial behavior. Commissioner Aageson
suggested educating businesses about the benefits and supplying them with bags that recognize the commission to bring regional awareness. The commission discussed that there are many arguments for and against such an ordinance, and that it requires further research and exploration.
Commissioner Jacobs said he would check with the local Meijer and Menards managers to find their input from corporate offices regarding how the ordinance has effected their business and customers.
F.
Old Business
1.
Mighty Acorns contract renewal
Consider funding a sixth classroom for the Mighty Acorns programs in the 2015-2016 school year
The Mighty Acorns reviewed budget related to the addition of a sixth classroom for the 2015- 2016 school year, to the already agreed upon five -classroom model. Liaison explained that the sixth classroom would cost nearly double the price per classroom of a single room of the agreed upon five, as an extra instructor would be needed from the Conservation Foundation due to time
restraints of the City' s part-time naturalist. Liaison explained that Parks and Recreation would be willing to fund the additional classroom if the commission could not commit the funds, as they support the expanded program. The commission agreed to split the cost of the sixth classroom
with the City of Elgin' s Parks and Recreation department. The total cost for six classrooms is $ 4663 less $ 3350, the price of the five classrooms agreed upon in July, is $ 1313. That means the sixth classroom alone costs $ 1313, split in half is $ 656. 50. The Parks and Recreation department will
fund $ 656. 50 and the Sustainability Commission will fund $4006. 50 to pay for six Mighty Acorns 2015- 2016 school year classrooms, budgeted at $4663.
2.
Freedom Field trip Decide on date & outreach efforts
Commissioner Masterson suggested the trip be extended an extra hour to allow for additional tour time. This would make the entire trip about 3 y: hours. He asked the liaison follow up with whether
this would affect the ability or price of renting a bus for the field trip. The bus would pick up and drop off from the Centre. Those without bus seats would be encouraged to carpool. The commission discussed the two date options, October 3 and September 26. The commission agreed
upon Saturday, September 26. To open up the option to more community members and students, it
may be wise to schedule two field trips each year, one in the spring and one in the fall. Freedom Field can accommodate around 100 people on tours. Gary provided a list of known interested parties to distribute trip information to, and the commission agreed to promote the event via social media, word of mouth, and email as well.
3.
Sustainability Honor Roll Cast votes for October Sustainability Honor Roll Award Commissioners voted on their most preferred to least preferred awardee for the October 2015
Sustainability Honor Roll. Liaison explained that those commissioners absent or new could still vote and email votes to her prior to the next meeting. Five available votes, of eight total, were counted,
and MultiFilm leading with points. Once the other three votes are sent to the liaison, she will email results, notify the Mayor, and order the award from Anderson' s. G.
Commissioner comments/ announcements
1.
Commission survey status update from Liaison The liaison updated commission that the commission survey is still being written.
H.
Adjourn
The City of Elgin is subject to the requirements of the Americans with Disabilities Act (ADA) of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/ or participate in this meeting, or who have questions - -regarding the accessibility of the meeting or the facilities, are requested to contact ADA coordinator, at ( 847) 931- 6076, or TTY/ TDD ( 847) 931-5616 promptly to allow the City of Elgin to make reasonable accommodations for those persons.
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