City Council

AGENDA Committee of the Whole Meeting August 24, 2015 5:00 p.m. A. Roll Call B. Items Also on the Regular Agenda C. Considerations 1. Crime-Free Housing Program Presentation. 2. Request for Proposal for Engineering Services for Plan Review and Inspection Services. 3. Smoke-Free Campus Act. D. Public Participation E. Recess for Executive Session of the City Council F. Adjournment  C-2 August 24, 2015 DATE: August 19, 2015 TO: Honorable Mayor John Rey City Council FROM: Anne Marie Gaura, City Manager John Laskowski, Interim Director Public Works, City Engineer, DSATS Director SUBJECT: Approving a Request for Proposal to Solicit Engineering Services for Plan Review and Inspection Services. I. Summary This Request for Proposal (RFP) will allow staff the flexibility to solicit engineering plan review services as needed to meet the level of service expected of the applicants and comply with City Code. II. Background On February 28, 2015, the Council approved a Request for Qualifications that included a project for plan review services. Engineering plan review is typically performed by the City Engineer or the Project Implementation Engineer to ensure the plans associated with proposed developments are in compliance with standard engineering methods and practices as well as with the City Code. Commercial development has increased and it is forecasted that development of residential property may follow. This increased demand for service has the potential to increase beyond the capacity of City engineers. In this situation, the plan review timelines outlined in the City Code would be exceeded and customer service would suffer. Alternatively, the Public Works Department may have to divert critical services away from other activities if the timelines were to be accommodated. The City currently charges 3.5% of the engineer’s estimate of probable cost, per project, to cover the cost of the City’s engineering review and is authorized to charge an additional 0.5% fee for subsequent revisions. With some large projects, such as the recent 3M project, the City has used a Professional Fee Reimbursement Agreement to cover plan review and inspection costs. At the time that this RFP returns to Council for approval of a successful respondent, staff will propose an amendment to City Code, to formally implement the Professional Fee Reimbursement Agreement process. In short, those seeking City Engineer approval of their plans would submit a payment equal to 3.5% of the engineer’s estimate of probable costs, which would be held in escrow by the City. If the City performed the engineering review and  C-2 August 24, 2015 inspections, the 3.5% would be surrendered to the City for those services. If the City Engineer determines that the City does not have the capacity to perform those services with the other workload of the City, then the City Engineer could opt to outsource the plan review and/or inspections. The cost of such outsourcing would be charged to the applicant under the Fee Reimbursement Agreement. If the cost of the plan review was less than 3.5%, the City would retain the overage; if the cost exceeded 3.5%, the applicant would be responsible for the actual cost Again, the determination about whether to utilize an independent engineer to perform the plan review and/or inspections would be made by the City Engineer on a case by case basis. The purpose of this RFP would provide the City Engineer the flexibility to prioritize the day to day operations within the Engineering Division by utilizing third party plan review services when necessary. III. Community Groups/Interested Parties Contacted The City has had satisfactory results in the past utilizing third party consultants to perform plan review in order to accommodate abbreviated project timelines. Currently, the City is using a third party to review the 3M development in Park 88. IV. Legal Impact In order to ensure that the plans associated with proposed developments are in compliance with standard engineering methods and practices, as well as with the City Code, engineer’s plan reviews must be performed. The City has the authority to enter into an agreement for such services, and upon completion of the review process, staff will select the most qualified candidate to provide the services. This item is simply approval of the RFP. V. Financial Impact The City will negotiate with the most qualified respondent to establish a revenue neutral fee reimbursement schedule. Costs incurred for these services will be offset by a corresponding revenue. VI. Options 1. Council may approve the RFP. 2. Council may deny the RFP. 3. Council can provide further clarification to the scope of work outlined in the proposal. VII. Recommendation It is recommended that Council approve the request as submitted.  C-2 August 24, 2015 REQUEST FOR PROPOSAL Engineering Services for Plan Review and Inspection Services General Information The City of DeKalb is seeking plan reviews services to supplement the in-house review process. The City wishes to provide expedited plan review services to developers in order to more expeditiously meet their project goals. Proposals are requested from Consultant Engineers to furnish professional services pertinent to the scope of services outlined below for the Plan Review Services. Please return your proposal no later than September 28, 2015 at 5:00 p.m. electronically to Interim Public Works Director/City Engineer John Laskowski at john.laskowski@cityofdekalb.com or by mail to City of DeKalb, 200 South Fourth Street, DeKalb, Illinois 60115, demonstrating the qualifications of your firm to meet criteria contained herein. Interviews for this project are planned to be conducted October 5 through October 9, 2015. Should you have any questions, please contact Project Implementation Engineer Michael Bauling at (815) 748-2333 or Interim Public Works Director/City Engineer John Laskowski at (815) 748-2331. Scope of Services The scope of services outlined below are the anticipated services that will be required of the consulting engineering firm selected to provide plan review services to the City of DeKalb. Plan review would include a thorough review of grading plans, utility plans, storm water pollution prevention plans, geometric plans, removal or demolition plans, and photometric plans. This may require visiting the proposed construction site to gain an understanding of the existing site conditions. Depending on the magnitude of the development, it could include an evaluation of the impact of the development on existing infrastructure including storm water facilities, the existing water distribution system or the transportation network. Special attention will be required for developments impacting floodplains or wetlands. Calculations associated with the documents, most notably storm water calculations, demonstrating adequate capacity, conveyance, storage, and traffic studies shall be reviewed as part of Plan Review and Permit Services. The plan review would verify that all of the plan review materials are in compliance with standard engineering methods, adopted standards, City details, acknowledge City policies and comply with City code. The review must confirm that all permits required by other agencies necessary to complete the project have been identified in the project documents. Plat review  C-2 August 24, 2015 would evaluate plats and determine that the appropriate easements have been provided for underground utilities and detention facilities as well as alignment with adopted City plans for future growth. The deliverables associated with plan review include a review letter compiling deficiencies, inconsistencies, and recommendations. This letter shall be produced in print and electronic formats. The consulting engineer should be able to provide a reasonable amount of communication with the applicant to explain the comments generated from the review if the applicant needs additional explanation. A consultation via telephone or electronic correspondence would be required with City staff for the project. This consultation simply reviews the main topics outlined in the review letter and highlights. Infrequently the consulting engineer should be able to attend a pre-development or pre-submittal meeting to get a better understanding of the project. Inspection services shall be performed to ensure that construction is completed in accordance with the approved plans. These inspection services include the inspection of proposed utilities, grading, photometric, pavements including curb and gutter identified on the approved plans. Inspection services include the erosion control inspections necessary for compliance with the approved Storm Water Pollution Prevention Plan needed for compliance with the National Pollutant Discharge Elimination System (NPDES) Phase 2 requirements. The City understands that the ultimate agreement with a successful respondent would include usual and customary language relating to the respondent’s duties to the City. The City acknowledges that respondents are not responsible for the means of performance employed by contractors whose work is being inspected, nor for supervision or safety oversight of contractors. Qualifications A qualified firm is expected to have successfully demonstrated the ability to perform these services for a municipality in the past. The firm should have adequate capacity to complete plan reviews in an abbreviated time frame to accommodate the expedited services offered by the City of DeKalb. The firm should be familiar with the City Code and Unified Development Ordinance and be able to interpret regulations therein and apply them to the plans subject to review. Proposal Requirements Proposals must include the following: 1. The consultant’s name, address, contact information and the name of the primary contact in reference to the proposal. 2. An example of three review letters prepared for municipalities in the past. 3. An explanation of the consultants approach to plan review services. 4. Brief background information concerning the consultant (e.g. size, type of services provided, and examples of similar projects.  C-2 August 24, 2015 5. Consultant’s qualifications and how they compare with the Scope of Services. 6. Brief resumes of all staff members who would participate in the project, as well as manager, partner, or principal responsible for same. If possible, City staff would like to meet the staff members the firm proposes for the project during the interview process. 7. Names, addresses, phone numbers of previous clients that the City may contact for reference regarding similar projects. 8. Proof of the following insurance carried by the consultant: a. General Liability b. Worker’s Compensation 9. Itemized compensation proposal with fee schedule. Fee schedule should be itemized to the greatest extent possible. The treatment of copying, telephone, travel, and similar incidental expenses should be clear. 10. All proposals must be signed by an individual with contractual authority for the consultant. Selection Criteria The successful consulting firm will be selected on the basis of professional qualifications and demonstrated competence. Particular attention will be paid to: 1. The experience the firm has had with plan review for municipalities. 2. The firm’s capacity to expedite plan reviews. 3. The ability to communicate effectively with City staff and the applicants. 4. Examination of the example letters submitted for review. Insurance Requirements 1. All Contractors and All Contracts. Contractor shall provide any and all insurance required under any applicable law, regulation, statute or ordinance, including but not limited to Workers’ Compensation insurance, unemployment insurance, automobile liability insurance and other legally required insurance. Contractor shall produce a certificate evidencing current coverage, upon request from the City. Contractor shall indemnify and hold harmless the City from any and all liability, damage, cost or expense which the City may incur or be liable to pay as a result of any and all accidental injuries or damages suffered by the Consultant or its employees (in addition to any other required indemnification or insurance from Consultant). 2. Certificates and General Conditions. Unless otherwise indicated herein, any certificate of insurance shall further indicate that the City is additional primary insured on such policy of insurance, shall indicate that such policies shall not have any right of subrogation against the City or the City’s insurers, and shall indicate that said policy shall not be cancelled or revoked except after the provision of not less than thirty (30)  C-2 August 24, 2015 days’ notice to the City. Contractor shall maintain said policy in full force and effect for the duration of this agreement, and shall periodically provide updated certificates of insurance to evidence continuing coverage in compliance herewith. For purposes of this agreement and insurance provided hereunder, the “City” shall include the City of DeKalb, its employees, appointed and elected officers, its committees, its attorneys, and all corporate bodies that exist as a subsidiary to the City. 3. Comprehensive General Liability Coverage Requirements. Unless this Section 3 of Exhibit E is clearly marked out as being inapplicable, Contractor shall also be required to provide the City with a Certificate of Insurance, in a form and from an issuer acceptable to the City, indicating that the Contractor has obtained and maintains comprehensive general liability insurance with policy limits of not less than One Million Dollars ($1,000,000) per person / Two Million Dollars ($2,000,000) per occurrence. This insurance shall include independent contractors’ protective liability, products and completed operations broad form property damage coverage. The completed operations and products liability coverage shall be maintained for at least two years after final payment. The coverage shall also include contractual liability insurance coverage for the Contractor’s obligations to indemnify and hold harmless the City and the City Indemnitees. 4. Automobile Insurance Coverage. Unless this Section 4 of Exhibit E is clearly marked out as being inapplicable, Contractor shall also be required to provide the City with a Certificate of Insurance, in a form and from an issuer acceptable to the City, indicating that the Contractor has obtained and maintains comprehensive automobile liability insurance with policy limits of not less than One Million Dollars ($1,000,000) per person / Two Million Dollars ($2,000,000) per occurrence. This policy shall include coverage for all owned, hired and non-owned automobiles used in furtherance of this agreement. 5. Professional Liability Insurance Coverage / Errors & Omissions Insurance Coverage. Unless one or more subsections of this Section 5 of Exhibit E is clearly marked out as being in applicable: a. Professional Liability / Malpractice. Contractor shall also be required to provide the City with a Certificate of Insurance, in a form and from an issuer acceptable to the City, indicating that the Contractor has obtained and maintains professional liability or malpractice insurance with policy limits of not less than One Million Dollars ($1,000,000) per person / per occurrence. Said policy need not identify the City as additional primary insured. b. Errors & Omissions Insurance Coverage. Contractor shall also be required to provide the City with a Certificate of Insurance, in a form and from an issuer acceptable to the City, indicating that the Contractor has obtained and maintains errors & omissions insurance with policy limits of not less than One Million Dollars ($1,000,000) per person / per occurrence. Said policy need not identify the City as additional primary insured.  C-2 August 24, 2015 6. Indemnification. The policy limits availability or unavailability of insurance coverage or the applicability of claims, defenses or limitations based upon applicable law (including but not limited to the Illinois Workers’ Compensation Act or similar laws or statutes) shall in no way limit the Contractor’s obligation to indemnify and hold harmless the City from any claims for damage, liabilities or other costs arising out of or relating to the Contractor’s work or this Agreement. 7. Additional Insurance Requirements. Contractor shall also be required to provide the following insurance: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ EACH CERTIFICATE OF LIABILITY INSURANCE SHALL REFERENCE THE SPECIFIC BID NUMBER AND PROJECT DESCRIPTION IN THE ADDITIONAL INSURED FIELD, AND MUST BE PROVIDED DIRECTLY TO THE CITY REPRESENTATIVE.  C-2 August 24, 2015 Independent Contractor Agreement for Services THIS AGREEMENT, by and between the City of DeKalb, hereinafter referred to as the "City" and “________________________________________________________________________” hereinafter referred to as the "Contractor", with the City and Contractor agreeing as follows: A. Services. Contractor agrees to furnish to the City the outlined in the scope of services on page 1 and 2 of this document. Contractor represents that it possesses the skills and knowledge necessary to provide all such services and understands that the City is relying upon such representation. Contractor further acknowledges that Exhibit A is an integral part of this Agreement and may not be modified except in accordance with a modification to the terms of this Agreement. B. Term. Services will be provided as needed and directed by the City beginning on the date of execution of this Agreement and continuing, until terminated by either party upon seven (7) days written notice to the non-terminating party. Upon termination, the Contractor shall be compensated for all work performed for the City prior to termination and shall provide to the City all work completed through the date of termination. The City’s issuance of a notice of termination shall function as a stop work order, beyond which the Contractor shall not incur any additional costs without the City’s express, written permission. C. Compensation. Contractor shall receive as compensation for all work and services to be performed herein, an amount based on the fee schedule attached hereto as Exhibit A and B. All payments will be made according to the Illinois State Prompt Payment Act. Any payment made to the Contractor shall be strictly on the basis of quantum meruit. The Contractor shall submit to the City a detailed breakdown and invoice of all charges, including detail of past payments and amounts still remaining due, accurate to the date of the invoice, with each request for payment. Any additions to or deductions from the approved total amount of the contract, and any out of scope work shall require prior, written approval from the City. Any work performed without the City’s express, written consent shall be solely at the expense of the Contractor. Prior to tendering any payment to Contractor, Contractor shall provide the City with a completed W-9 form. D. Changes in Rates of Compensation (and Prevailing Wages). If the Contractor seeks to impose any change in the fee schedule (whether in terms of hourly fee or lump sum fees), then the Contractor shall provide not less than ninety (90) days written notice of its intent to change its fee schedule, and any such change in fee schedule shall require the  C-2 August 24, 2015 approval of the City. To the extent applicable, the contractor shall further comply with the requirements of the Prevailing Wage Act in that all laborers, mechanics and other workers performing work under this Agreement which is subject to the Prevailing Wage Act shall be paid not less than the general prevailing rate of hourly wage as provided for in 820 ILCS 130/1 et seq. E. Ownership of Records and Documents / Confidential Information. Contractor agrees to keep and maintain all books and records and other recorded information required to comply with any applicable laws, including but not limited to the Prevailing Wage Act. Contractor agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. Contractor further agrees to keep as confidential any information belonging or relating to the City which is of a confidential nature, including without limitation information which is proprietary, personal, required by law to be confidential, or relates to the business, operations or accounts of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the Freedom of Information Act or if already previously disclosed by a third party. Contractor acknowledges that the Freedom of Information Act, 5 ILCS 140/1 et seq. (the “Act”) places an obligation on the City to produce certain records that may be in the possession of Contractor. Contractor shall comply with the record retention and documentation requirements of the Local Records Act 50 ILCS 205/1 et seq. and the Act and shall maintain all records relating to this Agreement in compliance with the Local Records Retention Act and the Act (complying in all respects as if the Contractor was, in fact, the City). Contractor shall review its records promptly and produce to the City within two (2) business days of contact from the City the required documents responsive to a request under the Act. If additional time is necessary to comply with the request, the Contractor may request the City to extend the time do so, and the City will, if time and a basis for extension under the Act permits, consider such extensions. F. Governing Law. This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue and jurisdiction for any legal action arising out of or related to this Agreement shall be exclusively fixed in the DeKalb County Circuit Court, DeKalb County, Illinois. G. Independent Contractor. Contractor shall have sole control over the manner and means of providing the work and services performed under this Agreement. The City’s relationship to the Contractor under this Agreement shall be that of an independent contractor. Contractor will not be considered an employee to the City for any purpose. The parties agree that the Contractor is exclusively responsible for the determination of what work is required to complete the tasks outlined in Exhibit F, and for the means and methods of completing such work. The City’s compensation to Contractor shall be limited to that described in Exhibits A and B, and the City shall not reimburse any expenses, provide any benefits, withhold any employment taxes or otherwise have a financial relationship with Contractor other than payment of the stated compensation. The Contractor shall be solely responsible for withholding of taxes, providing employee benefits, or otherwise complying with applicable laws relating to its employees or contractors.  C-2 August 24, 2015 In the event that the City determines, in its sole discretion, that it is economically advantageous for the City to provide certain supplies or tools for use by Contractor in lieu of paying Contractor to provide the same, the City and Contractor agree that Contractor shall then utilize the City’s equipment or supplies according to its own determination of their best and appropriate use. Contractor shall be responsible for its own personnel, training, instruction and related matters. Contractor shall be responsible for determining its sequence of performance for required work. Contractor’s work shall be evaluated by the City based upon the end result of such work. Contractor shall be responsible for any expenses incurred by Contractor in the performance of its work, and shall not be authorized, expressly or impliedly, to obligate the City on any debt, contract or other agreement whatsoever. In the event that Contractor is compensated on an hourly basis under the terms of this Agreement, the City and Contractor agree that Contractor’s compensation is usual and customary, based on the terms that Contractor offers its services to the market in general. The Contractor acknowledges that neither it nor its personnel shall be acting as an employee or official representative of the City for purposes of being offered any protection or coverage under City insurance policies for tort immunity or other legal purposes. H. Certifications Executing this Agreement constitutes acknowledgment, acceptance, and certification of the accuracy of the following certifications, and any other certifications required under any applicable law relating to the performance of this Agreement. The Contractor is responsible for identifying all such applicable regulations and certifications, and for compliance with the same. Sexual Harassment: The Contractor certifies that it is in compliance with the Illinois Human Rights Act 775 ILCS 5/1.101, et seq. including establishment and maintenance of sexual harassment policies and program. Tax Delinquency: The Contractor certifies that it is not delinquent in payment of any taxes to the Illinois Department of Revenue in accordance with 65 ILCS 5/11-42.1, and is not delinquent in the payment of any tax, charge or obligation to the City of DeKalb. Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) ­ (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). Felony Certification: The Contractor certifies that it is not barred pursuant to 30 ILCS 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony.  C-2 August 24, 2015 Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 ILCS 5/33E-3 (Bid Rigging) or 720 ILCS 5/33-4 (Bid Rotating) or a similar law of another state or of the federal government. Prevailing Wage: The Contractor certifies that it shall comply with all applicable provisions of the Prevailing Wage Act, and further certifies that it is not in violation of said Act and has not been barred from bidding on this proposal by virtue of a past violation of the Act. A copy of the most recent available list of prevailing wages is attached hereto or has been provided to the Contractor. The Contractor is responsible for regularly updating said list as new prevailing wage rates are made available by the City or by the Illinois Department of Labor. The Illinois Department of Labor posts regular updates to prevailing wage rates on its official website, which is currently www.illinois.gov/idol. This notice is given pursuant to 820 ILCS 130/4 and the balance of the Illinois Prevailing Wage Act, which is incorporated herein by reference as if fully restated. In the event that this is a public works project as defined under the Prevailing Wage Act, Proposer agrees to comply with the Substance Abuse Prevention on Public Works Projects Acts, 820 ILCS 265/1 et. seq., and further agrees that all of its subcontractors shall comply with such Act. As required by the Act, Contractor agrees that it will file with the City, prior to commencing work, its written substance abuse prevention program and/or that of its subcontractor(s) which meet or exceed the requirements of the Act. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. The Contractor further certifies that it maintains a substance-abuse program and provide drug testing in accordance with 820 ILCS 130/11G, Public Act 095-0635. The Contractor shall also comply with the Federal Highway Administrative Rules on Controlled Substances and Alcohol Use and Testing, 49 CFR Parts 40 and 382 and that all of Contractor’s drivers are currently participating in a drug and alcohol testing program pursuant to the Rules. Responsible Contractor Requirements: The Contractor certifies that it complies with the Illinois Procurement Code and the provisions of Section 30-22 thereof relating to apprenticeship and training, if applicable. The Contractor further certifies for work that will be performed by subcontract that each of its subcontractors submitted for approval either is in compliance or will begin participation in an approved apprenticeship and training program prior to commencing any Work. The Illinois Department of Labor, at any time before or after award, may require production of a copy of each applicable Certificate of Registration issued by the United States Department of Labor evidencing such participation by the Contractor and all of its Subcontractors. Applicable apprenticeship and training programs are those that have been approved or registered with the United States Department of Labor. The Contractor shall provide to the City, upon request, copies of all Certificates of Registration, and copies of all work or craft job category included in the Work, along with such other records as the City may  C-2 August 24, 2015 require. Any records or logs required to be provided by law shall be provided by the Contractor, without requiring a request from the City. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. The Contractor acknowledges that neither it nor the City shall discriminate on the basis of any protected classification. Record Retention and Audits: If 30 ILCS 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she/it is a: _ _ United States Citizen or Corporation ___ Resident Alien ___ Non-Resident Alien. The Internal Revenue Service requires that taxes be withheld on payments made to non-resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification: Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is ___________________ and is doing business as a (check one): ___ Individual ___ Real Estate Agent ___ Sole Proprietorship ___ Government Entity ___ Partnership ___ Tax Exempt Organization (IRC 501(a) only) _ __ Corporation ___ Not for Profit Corporation ___ Trust or Estate ___ Medical and Health Care Services Provider Corp. Authorized in Illinois: The Contractor that it is authorized to lawfully transact business in the State of Illinois, under all applicable Illinois laws and regulations. The Contractor certifies that it shall comply with the Corporate Accountability for Tax Administration Act, 20 ILCS 715/1, et. seq. Where applicable, the Contractor certifies that it is not barred from bidding by virtue of having been adjudicated to have committed a willing or knowing violation of Section 42 of the Environmental Protection Act within the five years preceding this bid, pursuant to 415 ILCS 5/1, et. seq. The Contractor further certifies that it is in compliance with all applicable  C-2 August 24, 2015 requirements of the Business Enterprise for Minorities, Females and Persons with Disabilities Act, 30 ILCS 575/1, et. seq. Export Administration, Supplies, Labor: The Contractor certifies that neither it nor any substantially owned affiliate is participating, nor shall participate, in an international boycott which is in violation of the provisions of the US Export Administration Act of 1979 or the regulations of the US Department of Commerce promulgated under the Act, including but not limited to the requirements of 30 ILCS 582/5. The Contractor further certifies that no foreign made equipment, materials or supplies furnished under the proposal or agreement have been or will be produced in whole or in part by forced labor, convict labor, or indentured labor, nor made in whole or in part by the labor of any child under the age of 12, under penal sanction pursuant to 30 ILCS 583/1 and 30 ILCS 584/1. The Contractor certifies that steel products used or supplied in the performance of a contract for public works shall be manufactured or produced in the United States, unless the City Manager grants an exception to said requirement, pursuant to 30 ILCS 565/1, et. seq. General Compliance and Certification: The Contractor certifies that it has and will comply with all other applicable laws, regulations, ordinances or restrictions applicable to any component of the bidding process, agreement, or any services or materials provided in connection therewith. The Contractor acknowledges that it is responsible for identifying and complying with all applicable laws, ordinances, rules and regulations, and that it shall indemnify and hold harmless the City of DeKalb from any claim, liability or damages arising out of the failure to identify or comply with any such applicable legal restriction. The City reserves the right to reject any bid, cancel any contract or pursue any other legal remedy deemed necessary should it become aware of any violation of any laws, ordinances, rules or regulations on the part of the Contractor or any subcontractor. OSHA Standards: The Contractor certifies that it will identify and comply with all requirements and standards imposed by the Occupational Safety and Health Act. All guards and protectors, all appropriate markings, and all other protections shall be in place prior to delivery of any item, and at all times during performance of any Work. CERCLA Indemnification: The Contractor certifies that it shall, to the maximum extent permitted by law, indemnify, defend and hold harmless the City, and City Indemnitees from and against any and all liability, including without limitation, costs of response, removal, remediation, investigation, property damage, personal injury, damage to natural resources, health assessments, health settlements, attorneys’ fees, and other related transaction costs arising under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC 9601, et. seq., as amended from time to time, and all other applicable statutes, regulations, ordinances, and under common law for any release or threatened release of the waste material collected by the Contractor both before and after its disposal. Buy America: The Contractor certifies that, if required, it shall comply with 49 USC 5323(j), the Federal Transportation Administration’s (FTA) Buy America regulations at 49 CFR Part 661, and any amendments thereto, and any implementing guidance issued by the FTA, with respect to this contract, when financed by Federal funds (through a grant agreement or cooperative agreement), and to submit to the City an executed Buy America Certificate in a form acceptable to the City.  C-2 August 24, 2015 Collusion: The Contractor certifies that it is not colluding with any other party or person in the preparation or submittal of this Agreement. I. Indemnification Contractor shall indemnify and hold harmless the City and City’s agents, servants, and employees against all loss, damage, taxes, liabilities, charges or expense, including but not limited to attorneys fees and court costs, which the City may sustain or for which it may become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by Contractor or its Subcontractors, due to or arising in any manner from the intentional or wrongful act or negligence of Contractor or its Subcontractors of any employee of any of them, or otherwise arising out of this Agreement or the Contractor’s performance of services on behalf of the City. The Contractor shall be responsible for any and all damages to property or persons arising out of an error, omission, and/or negligent act in the prosecution of the work or failure to prosecute the work and shall indemnify and hold harmless the City, its officers, agents, and employees from all suits, claims, actions or damages of any nature whatsoever resulting therefrom. The Company shall assume all restitution and repair costs arising out of an error, omission and/or negligence. J. Insurance, Licensure and Intellectual Property The Contractor shall comply with all insurance requirements described on the attached Exhibit E. The Contractor agrees and warrants that it has procured all licenses, permits or other official permissions required by any applicable law to perform the services contemplated herein, that it will procure all additional licenses, permits or other official permissions hereafter required by law during the term of this Agreement, and that it will keep all such licenses in effect during the term of this Agreement. The Contractor shall provide a copy of any such licenses or permits upon request. All such insurance and licensure shall be provided at the Contractor’s sole expense. Contractor also warrants that it has complete ownership or authorization/entitlement to any intellectual property, software, images or other such items used in the performance of its work under this Agreement, and that it shall transfer to the City, unrestricted, the ability to modify, amend, publicize or otherwise utilize any intellectual property provided to the City under this Agreement unless the City expressly preapproves in writing a limitation to these provisions. The Contractor shall not commence work under this Contract until they have obtained all insurance required and such insurance has been submitted to and approved by the City, nor shall the Contractor permit any Subcontractor to commence work on any subcontract until the same insurance has been obtained by the Subcontractor. The Company and all Subcontractors shall maintain their insurance in place for not less than two (2) years following completion of all work required under this Contract. All drawings, specifications, reports and any other project documents prepared by the Contractor in connection with any or all of the services to be furnished thereunder shall be delivered to the City for the expressed use of the City. The Contractor shall have the right to retain original documents, but shall cause to be delivered to the City such quality of documents so as to assure total reproducibility of the documents delivered. All information, worksheets, reports, design  C-2 August 24, 2015 calculations, plans and specifications shall be the sole property of the City unless otherwise specified in the negotiated agreement. The Contractor agrees that basic survey notes and sketches, charts, computations and other data prepared or obtained by the Contractor pursuant to this Agreement shall be made available, upon request, to the City without cost and without restriction or limitation as to their use. All field notes, test records, and reports shall be available to the City upon request. The prices included on this Agreement include all royalties and costs arising in the Work. Any items or services provided shall be provided to the City subject to the Contractor’s legal right to provide the same. The Contractor shall indemnify and hold harmless the City and City Indemnitees from any and all claims for infringement by reason of the use of any such patent design, device, materials or process, to be performed or used under the Agreement, and shall indemnify and hold harmless the City for any costs, expenses, attorneys’ fees and damages which it may be obligated to pay, by reason of any infringement at any time during the prosecution or after completion of the Work. K. Additional Terms or Modification The terms of this agreement shall be further modified as provided on the attached Exhibits and the Contract Documents. Except for those Exhibits, no additional terms are included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. The City reserves the right by written amendment to make changes in requirements, amount of work, or time schedule adjustments. The Contractor shall negotiate appropriate adjustments acceptable to both parties to accommodate any changes. The City may, at any time by written order, require the Contractor to stop all or part of the services required by this Agreement. Upon receipt of such an order, the Contractor shall immediately comply with its terms. L. Notices All notices required to be given under the terms of this License shall be given mail, addressed to the parties as follows: For the City: For the Contractor: City Manager ___________________________ City of DeKalb ___________________________ 200 S. Fourth Street ___________________________ DeKalb, IL 60115 ___________________________ Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. M. Subcontractors and Third Parties: Contractor shall not assign or subcontract for the performance of any obligation under this Agreement, except with the express, written preapproval of the City, which consent may be  C-2 August 24, 2015 withheld in the City’s sole and absolute discretion. Should Contractor assign any obligation arising under this Agreement with the consent of the City, the Contractor shall remain to be primarily liable to the City for the performance of the obligation in question, and further shall be liable for ensuring that the subcontractor(s) comply with all obligations arising under this Agreement as if the subcontractor(s) was/were the Contractor itself. Further, should Contractor request to assign the performance of any obligation arising hereunder to a subcontractor, Contractor expressly provides its consent to the City contracting directly with such proposed subcontractor (or another subcontractor acceptable to the City) for the performance of such work, and to the amendment of this Agreement to reduce the scope and cost accordingly. Nothing contained in this Agreement, nor the performance of the parties hereunder, is intended to benefit, nor shall it inure to the benefit of any third party. N. Progress Reports Contractor shall report to the City Manager or her designee, and shall submit written progress reports identifying, in detail, the extent of work completed, the percentage of project completion, and project status, accompanying any invoice submitted to the City. Contractor shall also provide additional written or verbal progress reports to the City upon request, at any time, without additional charge. The Contractor shall attend conferences and visit the site of the work as may be outlined in the Request for Proposal and at any reasonable time when requested to do so by the City, at no additional charge. O. Document Correction / Supplements Contractor agrees and acknowledges that the terms of the Contract Documents shall be binding upon this Work, notwithstanding the failure of this Agreement or the actions of the City to the contrary. No act by the City (other than a written amendment to these Contract Documents), including but not limited to payment of Contractor’s invoices, shall waive the City’s ability to later insist on strict compliance with the terms of these Contract Documents. Contractor agrees and acknowledges that it shall execute corrected documents upon request by the City if any error or discrepancy is identified by the City, and shall provide certificates of insurance or other security required hereunder at any time, upon request of the City, notwithstanding the City’s failure to previously demand the same. Agreed to this __________ day of _______________, 20_____. City of DeKalb Contractor ___________________________________ ___________________________________ City Mayor/Manager Title: ___________________________________ City Clerk Return to Agenda  C-3 August 24, 2015 DATE: August 19, 2015 TO: Honorable Mayor John Rey City Council FROM: Anne Marie Gaura, City Manager Gene Lowery, Chief of Police Dean Frieders, City Attorney SUBJECT: Smoke-Free Campus Act. I. Summary The State of Illinois recently passed a Smoke-Free Campus Act, and Northern Illinois University (NIU) has requested assistance from the City in enabling them to fully comply with the Act. Discussion is requested. II. Background Illinois has recently passed the Smoke-Free Campus Act, which in essence bans smoking on state-funded college campuses such as NIU. The Act only applies to traditional smoking (i.e. does not affect ‘vaping’ or other forms of tobacco/nicotine use). NIU has taken steps to comply with the state statute, by designating their campus as a smoke-free zone and posting notice signage. The concern that has been identified is that the campus is intersected with streets under the jurisdiction of the City, which are not designated as smoke-free zones. NIU has raised a question as to whether this will create an unsafe condition, with persons going into the street or right of way to smoke, so as to circumvent the requirements of the Act. The University has started a dialogue with neighboring property and business owners regarding the Act, and has proposed an ordinance that the City could utilize to ban smoking on the rights of way within the University. Given the policy issues that this raises, this has been brought to the Committee of the Whole for discussion by Council. In specific, staff is seeking direction from Council regarding any public engagement or feedback that the City should solicit from stakeholders. A detailed memorandum from NIU is attached, along with their proposed draft ordinance. A few critical points should be noted: 1. This would not affect smoking in a motor vehicle, and would not be a basis for a traffic stop.  C-3 August 24, 2015 2. The City Police Department would not be required to dedicate resources to enforce this ordinance. NIU would have primary enforcement obligation under their co-policing initiatives with the City. 3. NIU is not contemplating harsh enforcement terms. They are proposing to work to ensure campus safety and prevent roadways from becoming attractive places to comingle and smoke. Council discussion and review is sought. III. Community Groups/Interested Parties Contacted This item is anticipated to be discussed at a Committee of the Whole meeting on August 24, 2015. NIU has engaged in public outreach activities, and will be available to describe those efforts. IV. Legal Impact The Council has the legal authority to adopt this proposed ordinance. V. Financial Impact There is no financial impact to this ordinance. VI. Options Council may adopt or not adopt the ordinance after proper public notice is provided. At this point, this item is for discussion only. VII. Recommendation Staff seeks feedback from Council regarding the proposed ordinance and the public notification/interaction process that Council wishes to utilize.  C-3 August 24, 2015 Office of General Counsel Altgeld Hall 330 DeKalb, Illinois 60115-2828 Phone: 815-753-1774 Fax: 815-753-7818 www.niu.edu/generalcounsel To: DeKalb County City Council From: Jerry D. Blakemore Vice President and General Counsel Northern Illinois University Date: August 18, 2015 RE: The Smoke-Free Campus Act The Illinois Smoke-Free Campus Act (Public Act 098-0985), hereinafter the Act, was passed and signed into law on August 18, 2014. The Act prohibits smoking on any property of State-Supported Institutions of Higher Education. With its initiation, all State- funded schools and universities of higher education are required to create smoke-free environments on their campus. The Act extends to the students, employees, and visitors of each institution. In compliance with the Act, Northern Illinois University (NIU) developed the “NIU Smoke-Free Campus Policy” which disallows the smoking, using, and/or carrying of any lighted smoking material/s on its campus. It also bans “the advertising, sale, or free sampling of tobacco products” on NIU’s campus. For reference, the statute defines smoke/smoking as follows: “‘Smoke’ or ‘smoking’ means the carrying, smoking, burning, inhaling, or exhaling of any kind of lighted pipe, cigar, cigarette, hookah, weed, herbs, or other lighted smoking equipment.” The Smoke-Free campus Act, (110 ILCS 64/10). This policy does not extend to persons driving in their personal cars. In addition, the Act required and the university created a map available on its website that specifies the locations where smoking is prohibited. NIU asks that it be authorized to show on its website city streets that are adjacent to the university property which would be included in the smoke-free areas. These adjacent streets are: Annie Glidden Road, Normal Road, Garden Road, Lucinda Avenue, Carroll Avenue, Lincoln Terrace, and Locust Street. Our request is limited to showing the aforementioned streets in the highlighted fashion on the university website and does not include city streets outside of NIU’s campus. Furthermore, NIU restricts its request to the implementation of the Act only. The university would take responsibility for the enforcement of the Act including the subject matter city streets at no cost to the city. Your Future, Our Focus Northern Illinois University is an Equal Opportunity/Affirmative Action Institution. Smoke-Free testimony  C-3 August 24, 2015  C-3 August 24, 2015  C-3 August 24, 2015  C-3 August 24, 2015 Return to Agenda