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HomeMy WebLinkAbout04.08.19 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, April 8, 2019 Administration & Public Works (A&PW) Committee meets at 6 p.m. Planning & Development Committee (P&D) meets at 6:30 p.m. City Council meeting will convene at conclusion of the P&D Committee meeting. ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Rainey (II) Mayor Public Announcements and Proclamations National Fair Housing Month, April 2019 National Volunteer Week, April 7-13, 2019 (III) City Manager Public Announcements Property Tax Assessment Issues Recognition of Valli Produce for $250,000 Donation to Robert Crown (IV) Communications: City Clerk (V) Public Comment Members of the public are welcome to speak at City Council meetings. As part of the Council agenda, a period for public comments shall be offered at the commencement of each regular Council meeting. Public comments will be noted in the City Council Minutes and become part of the official record. Those wishing to speak should sign their name and the agenda item or non- agenda topic to be addressed on a designated participation sheet. If there are five or fewer speakers, fifteen minutes shall be provided for Public Comment. If there are more than five speakers, a period of forty-five minutes shall be provided for all comment, and no individual shall speak longer than three minutes. The Mayor will allocate time among the speakers to ensure that Public Comment does not exceed forty-five minutes. The business of the City Council shall commence forty-five minutes after the beginning of Public Comment. Aldermen do not respond during Public Comment. Public Comment is intended as a forum for residents to share their perspective in a respectful and civil manner. Public comments are requested to be made with these guidelines in mind. 1 of 921 City Council Agenda April 8, 2019 Page 2 of 10 (VI) Consent Agenda and Report of Standing Committees: Administration & Public Works - Alderman Suffredin Planning & Development - Alderman Revelle Human Services - Alderman Rue Simmons Economic Development - Alderman Rue Simmons Rules Committee - Alderman Braithwaite CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meetings of March 18, 2019 and April 1, 2019. For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) Payroll – February 18, 2019 through March 3, 2019 $2,726,667.51 Payroll – March 4, 2019 through March 17, 2019 $2,716,547.89 (A2) Bills List – April 9, 2019 $8,151,610.90 Credit Card Activity (not including Amazon purchases) - Period Ending February 26, 2019 (A3) Amazon Credit Card Activity – Ending February 26, 2019 $189,370.79 $6,998.09 For Action (A4) Contract with Chicagoland Paving, Inc. for the 2019 Parking Lot Improvements Projects at 717 Howard Street and Parking Lot #51 – Tallmadge Park Staff recommends City Council authorize the City Manager to execute a contract for the 2019 Parking Lot Improvements Project (Bid No. 19-07) with Chicagoland Paving, Inc. (225 Telser Rd., Lake Zurich, IL 60047) in the amount of $422,500.00. Funding will be provided from the Parking Fund in the amount of $410,500.00 and the Sewer Fund in the amount of $12,000.00. If funding becomes available in the Howard-Ridge TIF at a later date, $180,500 will be reimbursed to the Parking Fund. A detailed summary of the funding can be found in the corresponding transmittal memorandum. For Action 2 of 921 City Council Agenda April 8, 2019 Page 3 of 10 (A5) Contract with Hecker and Company, Inc. for Emerson Street Traffic Signals Project Staff recommends City Council authorize the City Manager to execute a contract for the Emerson Street Traffic Signals Project (Bid No. 19-04) with Hecker and Company, Inc. (250 Industrial Lane, Wheeling, IL 60090) in the amount of $968,928.90. Funding will be provided from the CIP Fund 2019 General Obligation Bonds in the amount of $948,928.90 and from fees from the public benefit for the Planned Unit Development located at 831 Emerson Street in the amount of $20,000. A detailed summary of the funding can be found in the corresponding transmittal memorandum. For Action (A6) Contract with Terra for Emerson Street Traffic Signal – Construction Engineering Staff recommends that City Council authorize the City Manager to execute an amendment to the existing agreement with Terra Engineering, Ltd. (225 West Ohio Street, 4th Floor Chicago, IL 60654) in the not-to-exceed amount of $103,778.00 to provide the Phase III construction services for the Emerson Street Traffic Signal Modernization Project. Funding will be provided from the CIP Fund 2019 General Obligation Bonds in the amount of $39,778.00 and from fees from the public benefit for the Planned Unit Development located at 1890 Maple Avenue in the amount of $64,000. A detailed summary of the funding can be found on the corresponding transmittal memorandum. For Action (A7) Contract with Landmark Contractors, Inc. for the Main Street Corridor Improvement Project Staff recommends City Council authorize the City Manager to execute a contract for the Main Street Corridor Improvement Project (Bid No. 19-05) with Landmark Contractors, Inc. (11916 W. Main St., Huntley, IL 60142) in the amount of $2,062,822.08. Funding will be provided from the CIP Fund 2018 General Obligation Bonds in the amount of $900,000; the 2019 General Obligation Bonds in the amount of $1,062,822.08 and the Sewer Fund in the amount of $100,000. A detailed summary of the funding can be found in the corresponding transmittal memorandum. For Action 3 of 921 City Council Agenda April 8, 2019 Page 4 of 10 (A8) Contract with Stanley Consultants, Inc. for Phase III Construction Services for the Main Street Corridor Improvement Project Staff recommends that City Council authorize the City Manager to execute an amendment to the agreement with Stanley Consultants, Inc. (8501 W. Higgins Road, Suite 730, Chicago IL 60631) in the not-to-exceed amount of $269,282.00 to provide the Phase III construction services for the Main Street Corridor Improvement Project. Funding will be provided from the CIP Fund 2018 General Obligation Bonds in the amount of $34,000 and the 2019 General Obligation Bonds in the amount of $235,282. A detailed summary of the funding can be found in the corresponding transmittal memorandum. For Action (A9) Contract with J. A. Johnson Paving Company for Pavement Patching Staff recommends that City Council authorize the City Manager to execute a one year single source contract for pavement patching with J. A. Johnson Paving Company (1025 E. Addison Ct., Arlington Heights, Illinois) in the amount of $650,000. Funding will be from the Capital Improvement Fund 2019 General Obligation Bonds (Account 415.40.4119.65515 – 419009). $600,000 is allocated for pavement patching in this account. The additional $50,000 funding is available due to a reduced scope of work for pavement rejuvenation which is budgeted at $100,000. Based on field inspections only $50,000 will be needed for this work in 2019. For Action (A10) Contract with G & L Contractors for 2019 Debris Hauling Staff recommends that City Council authorize the City Manager to execute a one- year contract for debris hauling with G & L Contractors (7401 N St. Louis Ave Skokie, IL) in the amount of $70,000. This contract award is part of a bid let by the Municipal Partnering Initiative (MPI). Funding for this purchase will be provided by three separate funds (Water, Sewer, and General Funds) as shown in the corresponding transmittal memorandum. For Action (A11) Contract with G & L Contractors for Purchase of Granular Materials Staff recommends that City Council authorize the City Manager to execute a one- year contract for the purchase of Granular Materials with G & L Contractors (7401 N. St. Louis Ave, Skokie, IL) in the amount of $28,200. This contract award is part of a bid let by the Municipal Partnering Initiative (MPI). Purchase of materials under this contract will be funded as follows: $14,100 from the Water Fund (Account 510.40.4540.65055), with a YTD balance of $140,400, and $14,100 from the Sewer Fund (Account 515.40.4530.65055) with a YTD balance of $33,400. For Action 4 of 921 City Council Agenda April 8, 2019 Page 5 of 10 (A12) Contract with Patriot Pavement Maintenance for Crack Sealing Services Staff recommends City Council authorize the City Manager to execute a one-year contract for crack sealing services with Patriot Pavement Maintenance (825 Segers Rd., Des Plaines, IL 60016), in the amount of $80,000. This contract award is part of a bid let by the Municipal Partnering Initiative. Funding for this work will come from the General Fund (Account 100.40.4510.62509), with a budget of $80,000. The account has a remaining balance of $80,000. For Action (A13) Contract with Precision Pavement Markings, Inc. for Pavement Markings Staff recommends City Council authorize the City Manager to execute a one-year contract for pavement markings with Precision Pavement Markings, Inc. (P.O. Box 705 Elgin IL 60123) in the amount of $110,000. This contract is part of a bid let by the Municipal Partnering Initiative (MPI). Funding for this work will come from the Capital Improvement Fund (Account 415.40.4119.65515-419019), with a budget of $210,000, all of which is remaining. For Action (A14) Contract with Herrera Landscape and Snow Removal, Inc., for the 2019 Streetscape and Rain Garden Landscape Maintenance Staff recommends City Council authorize the City Manager to execute a contract award for the 2019 Streetscape and Rain Garden Landscape Maintenance and plant replacements to the low bidder, Herrera Landscape and Snow Removal, Inc., Evanston, IL, in the amount of $56,920.00. For Action (A15) 2019 Lakefront Concession Contract Renewal with Krave Concession LLC Staff recommends that City Council authorize the City Manager to execute a one year contract renewal between the City of Evanston and Krave Concession LLC for the Arrington Lagoon and Clark Street food & drink stand and the lakefront mobile concessions (Lighthouse, Clark St., Greenwood St., South Blvd. and Lee Street) for the 2019 season. Krave Concession LLC is owned by Brian Fogle, 5313 West 123rd Place, Alsip, Illinois 60803. For Action (A16) Agreement with Evanston Township High School to Supply Lunches for the 2019 Summer Food Program Staff recommends that City Council authorize the City Manager to execute an agreement with Evanston Township High School (1600 Dodge Ave, Evanston, IL 60201) to provide lunch meals for the 2019 Summer Food Program in the not-to- exceed amount of $3.25 per meal and $3.50 for special diet meals. This is a reimbursement program in which the total amount of reimbursement the City will receive is solely dependent upon the number of meals served. Funding for this program is budgeted in business unit 100.30.3050 in various line items. For Action 5 of 921 City Council Agenda April 8, 2019 Page 6 of 10 (A17) Contract with Elevator Inspection Service Co. Inc. for City of Evanston- Elevator Inspection Program Staff recommends that the City Council authorize the City Manager to enter into an agreement with Elevator Inspection Service Co, Inc. (EIS) (745 McClintock Drive, Suite 235, Burr Ridge, IL 60527) for elevator and inspection services from June 1, 2019 – May 31, 2021 with three one-year options to renew. EIS has reiterated their commitment to provide quality services in a timely, well-qualified and resourceful manner. Funding will be from the Building Inspections Service– Elevator Contract Costs (Account No. 100.21.2126.62425) with a FY 19 budget of $4,500. For Action (A18) Purchase of Four (4) Vehicles for Operations in the City of Evanston’s Public Works Agency and Police Department Staff recommends City Council approval of the purchase of four (4) vehicles for operations in the Public Works Agency and the Police Department. The following vehicles will be purchased: one (1) 2019 Ford Pickup with Service Body from Currie Motors Fleet (10125 W. Laraway, Frankfort, IL 60423) in the amount of $42,548.00; one (1) 2019 Peterbilt Dump Truck from in the amount of $208,888.00 and one (1) 2019 Peterbilt 11 Yd. Refuse Truck in the amount of $147,831.00 from JX Peterbilt (42400 Old Highway 41, Wadsworth, IL 60083); and one (1) BMW Motorcycle from Schlossmann Motorcycles of Milwaukee (12011 W. Silver Spring Drive, Milwaukee, WI 53225) in the amount of $32,613.50. Funding for the purchase of these four vehicles will be from the Equipment Replacement Fund (Account 601.19.7780.65550) in the amount of $431,880.50, which has a budgeted amount of $1,622,977. For Action (A19) Collective Bargaining Agreement – International Association of Fire Fighters Local 742 Staff recommends City Council authorize the City Manager to execute a collective bargaining agreement with the International Association of Fire Fighters Local 742, effective January 1, 2019 through December 31, 2022. For Action (A20) Great Merchant Grant Program – Hill Arts Business Association Staff recommends City Council approval to provide financial assistance through the Great Merchants Grant Program to the Hill Arts Business Association (Hill Arts) for an amount not to exceed $6,325.00. Staff recommends utilizing the Economic Development Business District Improvement Program (Account 100.21.5300.65522). The approved 2019 Fiscal Year Budget allocated $150,000 to this account. To date, $10,841.89 has been spent from this account, leaving $139,158.11 available for expenditure. For Action 6 of 921 City Council Agenda April 8, 2019 Page 7 of 10 (A21) Resolution 21-R-19, Authorizing the City Manager to Negotiate and Execute an Easement Agreement with Evanston Custer LLC The Plan Commission and staff recommend adoption of Resolution 21-R-19 for an Easement Agreement to increase the usable width of the north-south and east-west alleys that abut the side and rear of 910-938 Custer Ave. to a total width of 20’. This Resolution is in conjunction with Ord. 22-O-19 for a Map Amendment to Rezone from MUE Transitional Manufacturing-Employment District to MXE Mixed-Use Employment District and a Special Use for a Planned Development for 40 single family attached townhomes, which was introduced at City Council on March 11, 2019. For Action (A22) Resolution 25-R-19, Approving the Settlement and Release of all Claims in Paul Caldwell v. City of Evanston, et al. Staff recommends City Council adoption of Resolution 25-R-19 authorizing the City of Evanston to issue a settlement payment pursuant to a settlement agreement and release in Paul Caldwell v. City of Evanston, et al. (Case No. 2017-L-3216). For Action (A23) Resolution 20-R-19, Memorandum of Understanding with Friends of Robert Crown Staff recommends City Council adoption of Resolution 20-R-19 authorizing the City Manager to execute a ten year Memorandum of Understanding (MOU) with the Friends of the Robert Crown Center (FRCC). The MOU memorializes the relationship between the City of Evanston and the volunteer-led fundraising entity and details how the funds raised by FRCC are applied to the Robert Crown Community Center Project construction and debt service. For Action (A24) Resolution 27-R-19, Authorizing the City Manager to Execute a Gift Agreement with Wintrust Bank for a Donation to the New Robert Crown Community Center Staff recommends City Council adoption of Resolution 27-R-19 authorizing the City Manager to execute a naming rights gift agreement with Wintrust Bank (70 W. Madison St., Chicago IL 60602) for a field and a multi-purpose room at the new Robert Crown Community Center. For Action (A25) Resolution 31-R-19, Execute a Gift Agreement with Valli Produce for the Donation to the New Robert Crown Community Center Staff recommends City Council adoption of Resolution 31-R-19 authorizing the City Manager to execute a Gift Agreement with Valli Produce (1910 Dempster St, Evanston IL 60202) for naming rights to the lobby of the new Robert Crown Community Center. For Action 7 of 921 City Council Agenda April 8, 2019 Page 8 of 10 (A26) Resolution 35-R-19, Amending the City of Evanston Budget Policy Staff also recommends approval of Resolution 35-R-19, increasing the current debt limit from $150,000,000 to $160,000,000 to cover the proposed 2019 A&B bond issues and any unexpected changes. As discussed in the corresponding transmittal memorandum, unabated debt is estimated to be slightly over $150,000,000 at the end of 2019 including the proposed 2019 issues. For Action (A27) Ordinance 27-O-19 Authorizing 2019 A&B General Obligation Bond Issues Staff recommends introduction of Ordinance 27-O-19 providing for the issuance of one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center and one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019B, for capital improvements, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, and authorizing and directing the sale of said bonds at public competitive sale. The ordinance will be adopted and signed at the City Council meeting on April 22, 2019. The final terms of the bonds will be approved by the Designated Officers under the ordinance after the bond sale, which is scheduled for May 16, 2019, by completion of the bond order as authorized by the bond ordinance. For Introduction (A28) Ordinance 24-O-19, Increasing the Number of Class T Liquor Licenses for Halim Time and Glass Banquet Hall Located at 1560 Oak Avenue Local Liquor Commissioner recommends City Council adoption of Ordinance 24- O-19, amending Evanston City Code Subsection 3-4-6-(T) to increase the number of Class T Liquor Licenses from six (5) to six (6) and permit issuance of a Class T license to 1560 Oak Banquet Facilities LLC, d/b/a Halim Time and Glass Banquet Hall, 1560 Oak Avenue. Alderman Wilson recommends suspension of the rules for Introduction and Action at the April 8, 2019 City Council meeting. For Introduction and Action (A29) Ordinance 25-O-19, Increasing the Number of Class D Liquor Licenses for Eurest Dining Services Located at 1560 Sherman Avenue Local Liquor Commissioner recommends City Council adoption of Ordinance 25- O-19, amending Class D Liquor License from fifty-three (53) to fifty-four (54) for Compass Group USA, Inc., d/b/a Eurest Dining Services, 1560 Sherman Avenue. Alderman Wilson recommends suspension of the rules for Introduction and Action at the April 8, 2019 City Council meeting. For Introduction and Action 8 of 921 City Council Agenda April 8, 2019 Page 9 of 10 (A30) Ordinance 26-O-19, Increasing the Number of Class T Liquor Licenses for Eurest Dining Group Located at 1560 Sherman Avenue Local Liquor Commissioner recommends City Council adoption of Ordinance 26- O-19, amending Evanston City Code Subsection 3-4-6-(T) to increase the number of Class T Liquor Licenses from six (6) to seven (7) and permit issuance of a Class T license to Compass Group USA, Inc., d/b/a Eurest Dining Services, 1560 Sherman Avenue. Alderman Wilson recommends suspension of the rules for Introduction and Action at the April 8, 2019 City Council meeting. For Introduction (A31) Ordinance 28-O-19, To Approve the Construction of a Local Improvement Known as Evanston Special Assessment No. 1524 Staff recommends City Council adopt Ordinance 28-O-19 allowing the paving of the alley north of Simpson Street and east of McDaniel Avenue through the Special Assessment Process. Funding will be from the Capital Improvement Program (CIP) 2019 General Obligation Bonds (Account 415.40.4119.65515 – 419001), which has $250,000 budgeted in FY 2019; and the Special Assessment Funds (Account 420.26.6000.65515 – 419001), which has $408,000 budgeted in FY 2019. For Introduction (A32) Ordinance 29-O-19, Updating City Code Section 10-4-16-2(A) Vehicle Parking Permits Staff recommends City Council adoption of Ordinance 29-O-19, amending City Code Section 10-4-16 changing the payment for parking permits from quarterly to monthly and allowing for the stickerless enforcement of the City operated surface parking lots. For Introduction PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 18-O-19, Amending City Code Section 6-15-14-7, “Active Ground Floor Uses” Plan Commission and staff recommend adoption of Ordinance 18-O-19, amending the Zoning Ordinance Section 6-15-14-7 to revise the listing of appropriate ground floor uses in the Central Street Overlay District. For Introduction 9 of 921 City Council Agenda April 8, 2019 Page 10 of 10 (P2) Ordinance 30-O-19, Granting a Special Use Permit for a Planned Development at 2425 Oakton Street The Plan Commission and staff recommend adoption of Ordinance 30-O-19 for approval of a Planned Development for a car wash facility with 20 vacuum spaces and 4 parking spaces in the I1 Industrial District and oRD Redevelopment Overlay District. The applicant is seeking one site development allowance for an accessory structure that is 3 ft. from the principal structure where 10 ft. is required. Alderman Fleming requests suspension of the rules for Introduction and Action of Ordinance 30-O-19 at the April 8, 2019 City Council meeting. For Introduction and Action (P3) Ordinance 22-O-19, Special Use Permit for a Planned Development at 910- 938 Custer Avenue and Amending Zoning Map The Plan Commission and staff recommend adoption of Ordinance 22-O-19 for approval of a Map Amendment to Rezone from the MUE Transitional Manufacturing-Employment District to the MXE Mixed-Use Employment District and a Special Use for a Planned Development for 40 single family attached townhomes in five standalone buildings that feature interior courtyards, two-car attached garages per dwelling unit, and building height of four stories. The proposal includes six Site Development Allowances. For Action (VIII) Call of the Wards (Aldermen shall be called upon by the Mayor to announce or provide information about any Ward or City matter which an Alderman desires to bring before the Council.) {Council Rule 2.1(10)} (IX) Executive Session (X) Adjournment MEETINGS SCHEDULED THROUGH APRIL 15, 2019 Upcoming Aldermanic Committee Meetings 4/10/2019 7:00 PM Affordable Housing Steering Committee 4/15/2019 6:00 PM City Council Information is available about Evanston City Council meetings at: www.cityofevanston.org/citycouncil. Questions can be directed to the City Manager’s Office at 847-866-2936. The City is committed to ensuring accessibility for all citizens. If an accommodation is needed to participate in this meeting, please contact the City Manager’s Office 48 hours in advance so that arrangements can be made for the accommodation if possible. 10 of 921 ​REGULAR CITY COUNCIL MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, March 18th, 2019 Present: Alderman Fiske Alderman Revelle Alderman Braithwaite Alderman Rainey Alderman Wynne Alderman Fleming Alderman Wilson Alderman Suffredin Alderman Rue Simmons (9) Absent: Presiding: Mayor Stephen Hagerty Devon Reid City Clerk 11 of 921 Mayor’s Public Announcements Mayor Hagerty congratulated ETHS boys and girls basketball team for winning their respective conference title. The boys basketball team placed 2nd in the State. Talked about the success of this year's Mayor Summer Youth program, which had over 84 employers signed up and over 500 students that attended. Mayor Hagerty had two Proclamations: ●Evanston North Shore Bird Club - 100th Anniversary ●National Public Health Week, April 1 – 7 Watch City Manager’s Public Announcements City Manager Wally Bobkiewicz had no announcements Watch City Clerk’s Communications City Clerk Reid announced the start of Early Voting. Early Voting will take place from March 18 - April 1 at 2100 Ridge Ave. in Room G300. Watch Public Comment Marcia Kuhr Spoke about the Proposed office building development at 1714-1720 Chicago Ave. Watch Carl Klein Opposed the development at 1714-1720 Chicago Avenue. Watch Michelle Sweeney Opposed the parking lot development which will have a profound impact on the surrounding businesses and living spaces. Watch Melanie Cody Read a letter from the Evanston Index of 1910 Watch 12 of 921 Austin R Sherer Opposed the development at 1714 Chicago Ave. Said the proposal lacks public benefits and subjects the city to significant liability. Watch Mike Vasilko Asked City Council members to hold ward meetings for the Robert Crown Center. Believes some Alderman should recuse themselves from voting on Robert Crown Center because of the personal interests. Watch Dan Coyne Invited the community to attend the League of Women Voters forum at ETHS for the candidates running for the school board. Watch Bruce Enenbach Shared his opposition to the Robert Crown Center. Watch James Angleman Wanted City Council to purchase the ice resurfacing material for the Robert Crown Center. Watch Bryan Whiting Wanted City Council to find a solution that would all developers to create more office spaces around the proposed development at Chicago Ave. Watch R Razz Jenkins Wanted to remind the audience of the upcoming election and the candidates for the school board election. Watch Doreen Price Spoke about City Council Goals. Wants to see Ordinances and procedures to align with City Councils Equity and Housing goals. Watch Misty Witenberg Asked City Council to consider the contingencies associated with the funding for Robert Crown. Named a few organizations who listed contingencies associated with their donations towards the Robert Crown Center. Watch John Jarger Spoke about the proposed development project at 1714-1720 Chicago Avenue. Watch Don Flayton Opposed the 1714-1720 Chicago Avenue development because of the lack of public parking available to the public. Watch Lori Osborne Asked City Council questions that would help them make a better decision for the proposed development at Chicago Ave. Watch Mary Rosinski Wanted the public to receive a clear presentation of the Robert Crown Center and the cost for Evanston taxpayers. Watch Sarah Schastok Spoke about the proposed development project at 1714-1720 Chicago Avenue. Watch Ray Friedman Because of the current fiscal deficit the city is facing, Mr. Friedman would like the city to be more responsible with taxpayer money. Watch 13 of 921 Evelyn McGowan Spoke about the proposed library parking lot development. Believes there are better areas suited for this type of project that would help conserve the landscape. Watch Kiera Kelly Stated that the current open parking lot at the library is the last convenient place where residents can park and reach various places within walking distance in downtown Evanston. Asked City Council to reject the proposal for housing development. Watch Special Order of Business (SP1) ​Robert Crown Community Center, Ice Complex and Library Project Update Staff will present City Council with an update on the Robert Crown Community Center, Ice Complex and Library project. For Action Received and Placed on File Watch (SP2) ​Purchase of One Ice Resurfacer for Ice Rink Operations at the Robert Crown Center from Frank J. Zamboni & Co., Inc. City Council approved the purchase of one ice resurfacer, a 2019 Zamboni 552AC, for ice rink operations at the Robert Crown Center from Frank J. Zamboni & Co., Inc. (15714 Colorado Avenue, Paramount, CA 9723) in the amount of $143,425.50. Funding for the purchase will be from the Equipment Replacement Fund (Account 601.19.7780.65550) in the amount of $143,425.50, which has a budgeted amount of $1,622,977. For Action Passed 9-0 Motion: Ald. Rainey Watch 14 of 921 (SP3) ​Ordinance 4-O-19, Map Amendment and Planned Development, 1714-1720 Chicago Avenue The Plan Commission and staff recommend denial of Ordinance 4-O-19 for approval of a Map Amendment from the R6 General Residential to the D3 Downtown Core Development District and a Planned Development for a 13-story office building with 112 on-site parking spaces. Passage of the Map Amendment shall require a favorable vote of three-fourths (3/4) of all the Aldermen per City Code 6-3-4-7 because a petition signed and acknowledged by 30% of owners of property within 500-feet of the subject property was submitted to the City. Revised plans include: approval to construct a new eleven (11) story one hundred ten (110) foot eight (8) inch tall office building, excluding 32 feet 6 inches of parking levels, consisting of approximately 130,000 gross square feet of office space, with seventy six (76) parking spaces. For Action Failed 5-4​ Ald. Revelle, Wynne, Wilson and Suffredin voted “No” Motion: Ald. Fiske Motion (SP4) ​Resolution 26-R-19, Authorization of Third Amendment to the Real Estate Sale Agreement to provide for a Right of Reverter The City Council directed staff to negotiate a right of reverter to ensure that the development is constructed with subject approved plan and enclosed for adoption is Resolution 26-R-19, authorization of Third Amendment to Real Estate Sale Contract. Additionally, Alderman Wilson requested information from the Applicant during the February 25, 2019 Council meeting. The request was for the applicant to provide ownership information for the developer. For Action Item not voted on due to failure of SP3 (SP5) ​City Council Goals Staff requests that City Council discuss implementation of 2019-2020 City Council goals. For Discussion Moved to a future meeting (SP6) ​Ordinance 19-O-19, Sale of Surplus Property Fleet Vehicles City Council adopted Ordinance 19-O-19, directing the City Manager to offer the sale of vehicles owned by the City through public auction at the Northwest Municipal Vehicle Auction being sponsored by America’s Auto Auctions on Tuesday, March 26, 2019 or any other subsequent America’s Motion: Ald. Wilson Watch 15 of 921 Online Auction. These vehicles have been determined to be surplus as a result of new vehicle replacements being placed into service or vehicles that had to be taken out of service for safety reasons with the intention of eventual replacement. For Action Passed 8-0 (SP7) ​2018 Consolidated Annual Performance and Evaluation Report for the City’s Community Development Block Grant, HOME Investment Partnerships, and Emergency Solutions Grant Programs City Council approved the 2018 Consolidated Annual Performance and Evaluation Report (CAPER). The CAPER is posted on the City website at cityofevanston/caper The CAPER must be submitted to the Chicago Field Office of the U.S. Department of Housing and Urban Development by March 31, 2019. For Action Passed 8-0 Motion: Ald. Braithwaite Watch (SP8) ​2019 Special Events in City Parks City Council approved the 2019 special events proposed in city parks, contingent upon compliance of all requirements as set forth by the Special Event Policy & Guidelines. This year’s calendar includes one new park event (1 Million Steps for OCD Walk). Costs for city services provided for events require a 100% reimbursement from the sponsoring organization or event coordinator. These fees are waived for City events and City co-sponsored Events. For Action Passed 8-0 Watch 16 of 921 Call of the Wards Ward 1: No Report Watch Ward 2: Students 16 up are invited to a job fair at the Levy Senior Center on May 23 from 3-6 p.m. Lastly, thanked students and members of Council who supported the Chessman Club. Watch Ward 3: No Report Watch Ward 4: No Report Watch Ward 5: Encouraged everyone to attend the Evanston Property Tax Appeal Seminar on March 21. Watch Ward 6: Fritz Kaegi will headline the Three Crowns annual meeting on March 28 at 7 p.m. Space is limited for the first 150 people. Watch Ward 7: Invited the community to the American Legion building on Sunday, March 31 from 2-5 p.m. for a celebration. Watch Ward 8: No Report Watch Ward 9: Encouraged residents to attend Evanston Property Tax Appeal Seminar on Thursday, March 21, 2019 at 6:30 p.m. in Room 2800. Attended a memorial service at Connection for the Homeless for those who passed away and asked residents to be considerate of those less fortunate in the community. Recognized ETHS student Quinn Hughes for his amazing performance during his debate tournament. Watch Adjournment Mayor Hagerty called a voice vote to adjourn the City Council meeting, and by unanimous vote the meeting was adjourned. 17 of 921 ​SPECIAL CITY COUNCIL MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, April 1st, 2019 Present: Alderman Fiske Alderman Revelle Alderman Braithwaite Alderman Rainey Alderman Wynne Alderman Fleming Alderman Wilson Alderman Suffredin (8) Absent: Alderman Rue Simmons (1) Presiding: Mayor Pro tempore Don Wilson Devon Reid City Clerk 18 of 921 Mayor’s Public Announcements Mayor Hagerty had no announcements. Watch City Manager’s Public Announcements City Manager Wally Bobkiewicz has no announcements. Watch City Clerk’s Communications City Clerk Reid gave an update to Early Voting in Evanston Watch Public Comment Mike Vasilko Spoke about the turf product being used for the Robert Crown Center. Said the city needs to direct the contractor to hold the purchase of the material because of the dangerous chemicals within the material Watch Eric Paset Owner of Northshore Apartments and Condos who shared his concerns over the new assessment value. In order for them to recuperate lost revenue, they need to increase rent by 5-10 percent. Said this increase in taxes will cause vacant properties to increase in downtown Evanston. Watch Ray Friedman Wanted to know how the money tied in the municipal bonds affect property taxes in Evanston. Said he has not received a response yet from the city. Said he isn’t opposed to the development of projects in Evanston, as long as there is money to fund the projects without increasing property taxes. Watch Bennett Johnson Invited City Council members to the Harley Clarke Committee meeting to listen to speakers on different perspective on how to raise funds for the preservation of historical buildings. Watch Betty Esther Said the community needs ample time to speak with City Council members about issues they care about. When City Council doesn’t adhere to the recommendation of the various committees, the residents should be given more opportunity to persuade City Council Watch 19 of 921 members on their votes. Clare Kelly Said the city paid over $800,000 to hire a fundraiser to raise money for the Robert Crown Center. Wanted to know the amount of money was raised and where the money is located. To date she has not received an answer and is asking the City Manager’s Office for a response to her question. Watch Mary Rosinski Wanted complete financial disclosure and transparency for the Robert Crow Center. Shared her concerns over the increasing property taxes to pay off the debt in Evanston. Watch Dan Coyne Read a letter about his experience during a recent public comment during the Ridgeville Park District Commissioner meeting. In the letter, he reads about Ald. Rainey’s disperaging remarks towards African-American residents saying “Any black person who wants a port-a-pottys in their back yard is stupid” She went on to suggest raising property taxes via referendum. When speaking about Vice-President Rob Bady, Ald. Rainey went on to say “doesn’t wear big boy pants in his hole as Vice President of the Board... he’s sat on his big boy bottom for the past 6 years doing nothing” Implored City Council to censor Ald. Rainey for her remarks and hopes there can be better methods implemented to govern the city. Watch Doreen Price Complained about Executive Session items not being listed on the agenda. Wants an independent officer for the Open Meetings Act. Thanked Ald. Fiske for wanting procedures to be done more effectively. Watch 20 of 921 Call of the Wards Ward 1: No Report Watch Ward 2: No Report Watch Ward 3: Office hours 7-10 a.m. on April 4. Watch Ward 4: Sub-committee meeting April 22 at 4:15 p.m. Watch Ward 5: No Report Watch Ward 6: No Report Watch Ward 7: No Report Watch Ward 8: Responded to remarks made by Dan Coyne Watch Ward 9: No Report Watch Adjournment Mayor Pro tempore Don Wilson called a voice vote to adjourn the City Council meeting, and by unanimous vote the meeting was adjourned. Ald. Wilson led City Council into Executive Session. A roll call vote was taken and by a unanimous vote (7-0) City Council recessed into Executive Session 21 of 921 ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, April 8, 2019 6:00 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston James C. Lytle Council Chambers AGENDA I. DECLARATION OF A QUORUM: ALDERMAN SUFFREDIN II.APPROVAL OF MINUTES OF REGULAR MEETING OF MARCH 11, 2019 III.CONSENT CALENDAR All matters listed under the Item III (3), Consent Calendar, are considered by the Committee to be routine and will be enacted in one motion without discussion. If discussion is desired, that item may be removed and considered separately. (A1) Payroll – February 18, 2019 through March 3, 2019 $2,726,667.51 Payroll – March 4, 2019 through March 17, 2019 $2,716,547.89 (A2) Bills List – April 9, 2019 $8,151,610.90 Credit Card Activity (not including Amazon purchases) - Period Ending February 26, 2019 $189,370.79 (A9) Contract with J. A. Johnson Paving Company for Pavement Patching Staff recommends that City Council authorize the City Manager to execute a one year single source contract for pavement patching with J. A. Johnson Paving Company (1025 E. Addison Ct., Arlington Heights, Illinois) in the amount of $650,000. Funding will be from the Capital Improvement Fund 2019 General Obligation Bonds (Account 415.40.4119.65515 – 419009). $600,000 is allocated for pavement patching in this account. The additional $50,000 funding is available due to a reduced scope of work for pavement rejuvenation which is budgeted at $100,000. Based on field inspections only $50,000 will be needed for this work in 2019. For Action 22 of 921 (A10) Contract with G & L Contractors for 2019 Debris Hauling Staff recommends that City Council authorize the City Manager to execute a one- year contract for debris hauling with G & L Contractors (7401 N St. Louis Ave Skokie, IL) in the amount of $70,000. This contract award is part of a bid let by the Municipal Partnering Initiative (MPI). Funding for this purchase will be provided by three separate funds (Water, Sewer, and General Funds) as shown in the corresponding transmittal memorandum. For Action (A11) Contract with G & L Contractors for Purchase of Granular Materials Staff recommends that City Council authorize the City Manager to execute a one- year contract for the purchase of Granular Materials with G & L Contractors (7401 N. St. Louis Ave, Skokie, IL) in the amount of $28,200. This contract award is part of a bid let by the Municipal Partnering Initiative (MPI). Purchase of materials under this contract will be funded as follows: $14,100 from the Water Fund (Account 510.40.4540.65055), with a YTD balance of $140,400, and $14,100 from the Sewer Fund (Account 515.40.4530.65055) with a YTD balance of $33,400. For Action (A12) Contract with Patriot Pavement Maintenance for Crack Sealing Services Staff recommends City Council authorize the City Manager to execute a one-year contract for crack sealing services with Patriot Pavement Maintenance (825 Segers Rd., Des Plaines, IL 60016), in the amount of $80,000. This contract award is part of a bid let by the Municipal Partnering Initiative. Funding for this work will come from the General Fund (Account 100.40.4510.62509), with a budget of $80,000. The account has a remaining balance of $80,000. For Action (A13) Contract with Precision Pavement Markings, Inc. for Pavement Markings Staff recommends City Council authorize the City Manager to execute a one-year contract for pavement markings with Precision Pavement Markings, Inc. (P.O. Box 705 Elgin IL 60123) in the amount of $110,000. This contract is part of a bid let by the Municipal Partnering Initiative (MPI). Funding for this work will come from the Capital Improvement Fund (Account 415.40.4119.65515-419019), with a budget of $210,000, all of which is remaining. For Action (A14) Contract with Herrera Landscape and Snow Removal, Inc., for the 2019 Streetscape and Rain Garden Landscape Maintenance Staff recommends City Council authorize the City Manager to execute a contract award for the 2019 Streetscape and Rain Garden Landscape Maintenance and plant replacements to the low bidder, Herrera Landscape and Snow Removal, Inc., Evanston, IL, in the amount of $56,920.00. For Action 23 of 921 (A15) 2019 Lakefront Concession Contract Renewal with Krave Concession LLC Staff recommends that City Council authorize the City Manager to execute a one year contract renewal between the City of Evanston and Krave Concession LLC for the Arrington Lagoon and Clark Street food & drink stand and the lakefront mobile concessions (Lighthouse, Clark St., Greenwood St., South Blvd. and Lee Street) for the 2019 season. Krave Concession LLC is owned by Brian Fogle, 5313 West 123rd Place, Alsip, Illinois 60803. For Action (A16) Agreement with Evanston Township High School to Supply Lunches for the 2019 Summer Food Program Staff recommends that City Council authorize the City Manager to execute an agreement with Evanston Township High School (1600 Dodge Ave, Evanston, IL 60201) to provide lunch meals for the 2019 Summer Food Program in the not-to- exceed amount of $3.25 per meal and $3.50 for special diet meals. This is a reimbursement program in which the total amount of reimbursement the City will receive is solely dependent upon the number of meals served. Funding for this program is budgeted in business unit 100.30.3050 in various line items. For Action (A17) Contract with Elevator Inspection Service Co. Inc. for City of Evanston- Elevator Inspection Program Staff recommends that the City Council authorize the City Manager to enter into an agreement with Elevator Inspection Service Co, Inc. (EIS) (745 McClintock Drive, Suite 235, Burr Ridge, IL 60527) for elevator and inspection services from June 1, 2019 – May 31, 2021 with three one-year options to renew. EIS has reiterated their commitment to provide quality services in a timely, well-qualified and resourceful manner. Funding will be from the Building Inspections Service– Elevator Contract Costs (Account No. 100.21.2126.62425) with a FY 19 budget of $4,500. For Action (A18) Purchase of Four (4) Vehicles for Operations in the City of Evanston’s Public Works Agency and Police Department Staff recommends City Council approval of the purchase of four (4) vehicles for operations in the Public Works Agency and the Police Department. The following vehicles will be purchased: one (1) 2019 Ford Pickup with Service Body from Currie Motors Fleet (10125 W. Laraway, Frankfort, IL 60423) in the amount of $42,548.00; one (1) 2019 Peterbilt Dump Truck from in the amount of $208,888.00 and one (1) 2019 Peterbilt 11 Yd. Refuse Truck in the amount of $147,831.00 from JX Peterbilt (42400 Old Highway 41, Wadsworth, IL 60083); and one (1) BMW Motorcycle from Schlossmann Motorcycles of Milwaukee (12011 W. Silver Spring Drive, Milwaukee, WI 53225) in the amount of $32,613.50. Funding for the purchase of these four vehicles will be from the Equipment Replacement Fund (Account 601.19.7780.65550) in the amount of $431,880.50, which has a budgeted amount of $1,622,977. For Action 24 of 921 (A20) Great Merchant Grant Program – Hill Arts Business Association Staff recommends City Council approval to provide financial assistance through the Great Merchants Grant Program to the Hill Arts Business Association (Hill Arts) for an amount not to exceed $6,325.00. Staff recommends utilizing the Economic Development Business District Improvement Program (Account 100.21.5300.65522). The approved 2019 Fiscal Year Budget allocated $150,000 to this account. To date, $10,841.89 has been spent from this account, leaving $139,158.11 available for expenditure. For Action (A28) Ordinance 24-O-19, Increasing the Number of Class T Liquor Licenses for Halim Time and Glass Banquet Hall Located at 1560 Oak Avenue Local Liquor Commissioner recommends City Council adoption of Ordinance 24- O-19, amending Evanston City Code Subsection 3-4-6-(T) to increase the number of Class T Liquor Licenses from six (5) to six (6) and permit issuance of a Class T license to 1560 Oak Banquet Facilities LLC, d/b/a Halim Time and Glass Banquet Hall, 1560 Oak Avenue. Alderman Wilson recommends suspension of the rules for Introduction and Action at the April 8, 2019 City Council meeting. For Introduction and Action (A29) Ordinance 25-O-19, Increasing the Number of Class D Liquor Licenses for Eurest Dining Services Located at 1560 Sherman Avenue Local Liquor Commissioner recommends City Council adoption of Ordinance 25- O-19, amending Class D Liquor License from fifty-three (53) to fifty-four (54) for Compass Group USA, Inc., d/b/a Eurest Dining Services, 1560 Sherman Avenue. Alderman Wilson recommends suspension of the rules for Introduction and Action at the April 8, 2019 City Council meeting. For Introduction and Action (A30) Ordinance 26-O-19, Increasing the Number of Class T Liquor Licenses for Eurest Dining Group Located at 1560 Sherman Avenue Local Liquor Commissioner recommends City Council adoption of Ordinance 26- O-19, amending Evanston City Code Subsection 3-4-6-(T) to increase the number of Class T Liquor Licenses from six (6) to seven (7) and permit issuance of a Class T license to Compass Group USA, Inc., d/b/a Eurest Dining Services, 1560 Sherman Avenue. Alderman Wilson recommends suspension of the rules for Introduction and Action at the April 8, 2019 City Council meeting. For Introduction 25 of 921 (A31) Ordinance 28-O-19, To Approve the Construction of a Local Improvement Known as Evanston Special Assessment No. 1524 Staff recommends City Council adopt Ordinance 28-O-19 allowing the paving of the alley north of Simpson Street and east of McDaniel Avenue through the Special Assessment Process. Funding will be from the Capital Improvement Program (CIP) 2019 General Obligation Bonds (Account 415.40.4119.65515 – 419001), which has $250,000 budgeted in FY 2019; and the Special Assessment Funds (Account 420.26.6000.65515 – 419001), which has $408,000 budgeted in FY 2019. For Introduction IV.ITEMS FOR CONSIDERATION (A3) Amazon Credit Card Activity – Ending February 26, 2019 $6,998.09 For Action (A4) Contract with Chicagoland Paving, Inc. for the 2019 Parking Lot Improvements Projects at 717 Howard Street and Parking Lot #51 – Tallmadge Park Staff recommends City Council authorize the City Manager to execute a contract for the 2019 Parking Lot Improvements Project (Bid No. 19-07) with Chicagoland Paving, Inc. (225 Telser Rd., Lake Zurich, IL 60047) in the amount of $422,500.00. Funding will be provided from the Parking Fund in the amount of $410,500.00 and the Sewer Fund in the amount of $12,000.00. If funding becomes available in the Howard-Ridge TIF at a later date, $180,500 will be reimbursed to the Parking Fund. A detailed summary of the funding can be found in the corresponding transmittal memorandum. For Action (A5) Contract with Hecker and Company, Inc. for Emerson Street Traffic Signals Project Staff recommends City Council authorize the City Manager to execute a contract for the Emerson Street Traffic Signals Project (Bid No. 19-04) with Hecker and Company, Inc. (250 Industrial Lane, Wheeling, IL 60090) in the amount of $968,928.90. Funding will be provided from the CIP Fund 2019 General Obligation Bonds in the amount of $948,928.90 and from fees from the public benefit for the Planned Unit Development located at 831 Emerson Street in the amount of $20,000. A detailed summary of the funding can be found in the corresponding transmittal memorandum. For Action 26 of 921 (A6) Contract with Terra for Emerson Street Traffic Signal – Construction Engineering Staff recommends that City Council authorize the City Manager to execute an amendment to the existing agreement with Terra Engineering, Ltd. (225 West Ohio Street, 4th Floor Chicago, IL 60654) in the not-to-exceed amount of $103,778.00 to provide the Phase III construction services for the Emerson Street Traffic Signal Modernization Project. Funding will be provided from the CIP Fund 2019 General Obligation Bonds in the amount of $39,778.00 and from fees from the public benefit for the Planned Unit Development located at 1890 Maple Avenue in the amount of $64,000. A detailed summary of the funding can be found on the corresponding transmittal memorandum. For Action (A7) Contract with Landmark Contractors, Inc. for the Main Street Corridor Improvement Project Staff recommends City Council authorize the City Manager to execute a contract for the Main Street Corridor Improvement Project (Bid No. 19-05) with Landmark Contractors, Inc. (11916 W. Main St., Huntley, IL 60142) in the amount of $2,062,822.08. Funding will be provided from the CIP Fund 2018 General Obligation Bonds in the amount of $900,000; the 2019 General Obligation Bonds in the amount of $1,062,822.08 and the Sewer Fund in the amount of $100,000. A detailed summary of the funding can be found in the corresponding transmittal memorandum. For Action (A8) Contract with Stanley Consultants, Inc. for Phase III Construction Services for the Main Street Corridor Improvement Project Staff recommends that City Council authorize the City Manager to execute an amendment to the agreement with Stanley Consultants, Inc. (8501 W. Higgins Road, Suite 730, Chicago IL 60631) in the not-to-exceed amount of $269,282.00 to provide the Phase III construction services for the Main Street Corridor Improvement Project. Funding will be provided from the CIP Fund 2018 General Obligation Bonds in the amount of $34,000 and the 2019 General Obligation Bonds in the amount of $235,282. A detailed summary of the funding can be found in the corresponding transmittal memorandum. For Action (A19) Collective Bargaining Agreement – International Association of Fire Fighters Local 742 Staff recommends City Council authorize the City Manager to execute a collective bargaining agreement with the International Association of Fire Fighters Local 742, effective January 1, 2019 through December 31, 2022. For Action 27 of 921 (A21) Resolution 21-R-19, Authorizing the City Manager to Negotiate and Execute an Easement Agreement with Evanston Custer LLC The Plan Commission and staff recommend adoption of Resolution 21-R-19 for an Easement Agreement to increase the usable width of the north-south and east-west alleys that abut the side and rear of 910-938 Custer Ave. to a total width of 20’. This Resolution is in conjunction with Ord. 22-O-19 for a Map Amendment to Rezone from MUE Transitional Manufacturing-Employment District to MXE Mixed-Use Employment District and a Special Use for a Planned Development for 40 single family attached townhomes, which was introduced at City Council on March 11, 2019. For Action (A22) Resolution 25-R-19, Approving the Settlement and Release of all Claims in Paul Caldwell v. City of Evanston, et al. Staff recommends City Council adoption of Resolution 25-R-19 authorizing the City of Evanston to issue a settlement payment pursuant to a settlement agreement and release in Paul Caldwell v. City of Evanston, et al. (Case No. 2017-L-3216). For Action (A23) Resolution 20-R-19, Memorandum of Understanding with Friends of Robert Crown Staff recommends City Council adoption of Resolution 20-R-19 authorizing the City Manager to execute a ten year Memorandum of Understanding (MOU) with the Friends of the Robert Crown Center (FRCC). The MOU memorializes the relationship between the City of Evanston and the volunteer-led fundraising entity and details how the funds raised by FRCC are applied to the Robert Crown Community Center Project construction and debt service. For Action (A24) Resolution 27-R-19, Authorizing the City Manager to Execute a Gift Agreement with Wintrust Bank for a Donation to the New Robert Crown Community Center Staff recommends City Council adoption of Resolution 27-R-19 authorizing the City Manager to execute a naming rights gift agreement with Wintrust Bank (70 W. Madison St., Chicago IL 60602) for a field and a multi-purpose room at the new Robert Crown Community Center. For Action (A25) Resolution 31-R-19, Execute a Gift Agreement with Valli Produce for the Donation to the New Robert Crown Community Center Staff recommends City Council adoption of Resolution 31-R-19 authorizing the City Manager to execute a Gift Agreement with Valli Produce (1910 Dempster St, Evanston IL 60202) for naming rights to the lobby of the new Robert Crown Community Center. For Action 28 of 921 (A26) Resolution 35-R-19, Amending the City of Evanston Budget Policy Staff also recommends approval of Resolution 35-R-19, increasing the current debt limit from $150,000,000 to $160,000,000 to cover the proposed 2019 A&B bond issues and any unexpected changes. As discussed in the corresponding transmittal memorandum, unabated debt is estimated to be slightly over $150,000,000 at the end of 2019 including the proposed 2019 issues. For Action (A27) Ordinance 27-O-19 Authorizing 2019 A&B General Obligation Bond Issues Staff recommends introduction of Ordinance 27-O-19 providing for the issuance of one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center and one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019B, for capital improvements, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, and authorizing and directing the sale of said bonds at public competitive sale. The ordinance will be adopted and signed at the City Council meeting on April 22, 2019. The final terms of the bonds will be approved by the Designated Officers under the ordinance after the bond sale, which is scheduled for May 16, 2019, by completion of the bond order as authorized by the bond ordinance. For Introduction (A32) Ordinance 29-O-19, Updating City Code Section 10-4-16-2(A) Vehicle Parking Permits Staff recommends City Council adoption of Ordinance 29-O-19, amending City Code Section 10-4-16 changing the payment for parking permits from quarterly to monthly and allowing for the stickerless enforcement of the City operated surface parking lots. For Introduction V. ITEMS FOR DISCUSSION VI. COMMUNICATIONS VII. ADJOURNMENT 29 of 921 Administration & Public Works Committee Meeting Minutes of March 11, 2019 James C. Lytle Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: C. Fleming, T. Suffredin, A. Rainey, P. Braithwaite MEMBERS ABSENT: R. Rue Simmons STAFF PRESENT: D. Stoneback, W. Bobkiewicz, E. Storlie, V. Benson, H. Desai, S. Flax, T. Nunez, D. King, E. Thomas-Smith, P. D’Agostino, Chief Cook, S. Ciolek PRESIDING OFFICIAL: Ald. Suffredin I. DECLARATION OF A QUORUM: ALDERMAN SUFFREDIN, CHAIR A quorum being present, Ald. Suffredin called the meeting to order at 5:59p.m. II. APPROVAL OF MINUTES OF REGULAR MEETING OF FEBRUARY 25, 2019 Ald. Braithwaite moved to accept the Minutes of February 25, 2019 A&PW meeting as submitted, seconded by Ald. Fleming. The Minutes of the February 25, 2019 A&PW meeting were approved unanimously 4-0. III. CONSENT CALENDAR All matters listed under the Item III (3), Consent Calendar, are considered by the Committee to be routine and will be enacted in one motion without discussion. If discussion is desired, that item may be removed and considered separately. (A1) Payroll – February 4, 2019 through February 17, 2019 $ 3,122,700.75 (A2) Bills List – March 12, 2019 $ 3,030,105.51 Credit Card Activity (not including Amazon purchases) - Period Ending January 26, 2019 $ 153,068.53 For Action (A5) Contract with Landscape Concepts Management, Inc., for Green Bay Road Landscape Maintenance Staff recommends City Council authorize the City Manager to execute a contract for the 2019 Green Bay Road Landscape Maintenance contract to the low bidder, Landscape Concepts Management, Inc., (31745 Alleghany Rd., Grayslake, IL, 60030) in the amount of $25,117.30. Funding for this project is included in the proposed FY 2019 General Fund budget (Account 100.40.4330.62195), which has a total allocation of $142,000.00. For Action DRAFT - NOT APPROVED 30 of 921 (A7) Contract with Visu-Sewer of Illinois, LLC for the 2019 CIPP Sewer Rehabilitation Contract A Project Staff recommends that City Council authorize the City Manager to execute a contract for the 2019 CIPP Sewer Rehabilitation Contract A (Bid No. 19-01) with Visu-Sewer of Illinois, LLC (9014 S Thomas Avenue, Bridgeview, IL 60455) in the amount of $332,121.00. Funding for this project is from Sewer Fund (Account No. 515.40.4535.62461–419004), which has an FY 2019 budget of $700,000 for this work, all of which is remaining. For Action (A8) Sole Source Purchase of Hot Mix Asphalt from Builders Asphalt Staff recommends that City Council authorize the City Manager to execute a one- year single source contract for the purchase of Hot Mix Asphalt with Builders Asphalt (4413 Roosevelt Road Suite 108, Hillside, IL 60162) in the amount of $48,700. Funding will be provided by three separate accounts, which are detailed on the corresponding transmittal memorandum. For Action (A9) Sole Source Contract for Purchase of Concrete and Flowable Fill with Ozinga Ready Mix Inc. Staff recommends the City Council authorize the City Manager to execute a one year single source contract for the purchase of concrete and flowable fill with Ozinga Ready Mix Concrete Inc. (2222 South Lumber Street, Chicago, IL) in the amount of $45,000. Funding will be provided by three separate accounts, which are detailed on the corresponding transmittal memorandum. For Action (A13) 2019 Non-Park Special Events Staff recommends approval of the 2019 non-park special events, contingent upon compliance of all requirements as set forth by the Special Event Policy & Guidelines. Costs for city services provided for events require a 100% reimbursement from the sponsoring organization or event coordinator. These fees are waived for City events and City co-sponsored Events. For Action (A14) Resolution 22-R-19, Nine Month Lease for Studio 109 at Noyes Cultural Arts Center Staff recommends approval of Resolution 22-R-19 authorizing the City Manager to enter into an agreement for a nine (9) month lease term with new tenants and Evanston residents, Jane Rickard and Rimma Mitchell, to lease studio 109 at the Noyes Cultural Arts Center. For Action (A15) Resolution 23-R-19, Nine Month Lease for Studio B12 at the Noyes Cultural Arts Center Staff recommends approval of Resolution 23-R-19 authorizing the City Manager to enter into an agreement for a nine (9) month lease term with new tenant and 31 of 921 Evanston resident Tina Rohde, to lease vacant studio B12 at the Noyes Cultural Arts Center. For Action (A16) Resolution 17-R-19, One-Year Lease Agreement for Office Space at the Lorraine H. Morton Civic Center Staff recommends City Council adoption of Resolution 17-R-19 authorizing the City Manager to negotiate the lease of office space with Mental Health America of the North Shore (MHA) at the rate of $142.50 per month for 12 months beginning April 2, 2019 for 142.5 square feet of space on the ground floor of the Lorraine H. Morton Civic Center, Suite G204. For Action (A17) Resolution 24-R-19, One-Year Lease Agreement for the Apartment located at 1223 Simpson Street Staff recommends City Council adopt Resolution 24-R-19, authorizing the City Manager to execute a lease between the City of Evanston and Diane Kerston and Omar Lockhart for 12 months beginning May 1, 2019 through April 30, 2019 for the apartment located at 1223 Simpson Street. The monthly rent will be $1,500 per month. For Action (A19) Ordinance 19-O-19, Sale of Surplus Property Fleet Vehicles Staff recommends that City Council adopt Ordinance 19-O-19, directing the City Manager to offer the sale of vehicles owned by the City through public auction at the Northwest Municipal Vehicle Auction being sponsored by America’s Auto Auctions on Tuesday, March 26, 2019 or any other subsequent America’s Online Auction. These vehicles have been determined to be surplus as a result of new vehicle replacements being placed into service or vehicles that had to be taken out of service for safety reasons with the intention of eventual replacement. For Introduction Ald. Rainey moved to recommend City Council approval of the consent agenda, seconded by Ald. Braithwaite. The Committee voted unanimously 4-0 to approve the consent agenda. IV. ITEMS FOR CONSIDERATION (A6) Contract with Cleanslate Chicago, LLC, for 2019 Mowing Services Staff recommends City Council authorize the City Manager to execute a contract award for the 2019 Mowing Services to the low bidder, Cleanslate Chicago, LLC (1540 South Ashland, Chicago, IL), in the amount of $30,896.25. Funding for this project is included in the proposed FY 2019 General Fund budget (Account 100.40.4330.62195), which has a total allocation of $142,000.00. For Action Ald. Braithwaite moved to recommend City Council authorize the City Manager to execute a contract award for the 2019 Mowing Services to the 32 of 921 low bidder, Cleanslate Chicago, LLC, in the amount of $30,896.25, seconded by Ald. Fleming. At Ald. Braithwaite’s inquiry, Environmental Services Coordinator Paul D’Agostino explained that this contract was jointly bid with Skokie in 2017. The City invited a list of local landscapers for this project, but they did not bid. He will provide the list to the Committee. The Committee voted unanimously 4-0 to approve the contract. (A12) Sole Source Agreement with Robothink, LLC for Youth Classes and Camps Staff recommends City Council approval of the sole source agreement with Robothink, LLC (37 Sherwood Ter., Suite 122, Lake Bluff, IL 60066) for instruction of youth robotic and coding classes and camps. Instructional expenses are paid from the Chandler-Newberger Fund (Account 100.30.3035.62505), which has a $125,900 budgeted allocation. Compensation for the vendor is based on the following amount of revenue collected. For 2019, staff is projecting $29,000 in revenues and $22,000 in expenses. For Action Ald. Fleming moved to recommend City Council approval of the sole source agreement with Robothink, LLC for instruction of youth robotic and coding classes and camps, seconded by Ald. Braithwaite. At Ald. Braithwaite’s inquiry, Parks, Recreation & Community Services Director Lawrence Hemingway explained that the City provides other STEM programming with local bidders, but this company specializes in robotics. He noted that local bids began going out last year over a 3-4 year cycle for different programs. This program is scheduled to be bid out in 2020. The Committee voted unanimously 4-0 to approve the contract. (A3) Amazon Credit Card Activity – Ending January 26, 2019 $ 5,574.50 For Action Ald. Rainey moved to recommend approval of the Amazon Credit Card activity for the period ending January 26, 2019 in the amount of $5,574.50, seconded by Ald. Fleming. The Committee voted 3-0 with Ald. Suffredin abstaining. (A4) Contract with Chicagoland Paving for Lovelace Park – Tennis Court Rehabilitation Staff recommends City Council authorize the City Manager to execute a contract for the Lovelace Park – Tennis Court Rehabilitation with Chicagoland Paving (225 Telser Rd., Lake Zurich, IL 60047) in the amount of $124,000.00. This contract is part of a bid advertised by the Municipal Partnering Initiative (MPI). Funding will be provided from the CIP Fund 2019 General Obligation Bonds (Account 415.40.4119.65515 – 518006), which has a budget allocation of $250,000, all of which is remaining. 33 of 921 For Action Ald. Rainey moved to recommend City Council authorize the City Manager to execute a contract for the Lovelace Park – Tennis Court Rehabilitation with Chicagoland Paving in the amount of $124,000.00, seconded by Ald. Fleming. The Committee voted unanimously 4-0 to approve the contract. (A10) Purchase/Lease of City Vehicles Staff recommends City Council approval of the purchase of eight (8) vehicles for operations in the Public Works Agency and Administrative Services Department and the lease of four (4) vehicles for operations in the Administrative Services Department. The following vehicles will be purchased: two (2) 2019 Ford Pickups from Currie Motors Fleet (10125 W. Laraway, Frankfort, IL 60423) in the amount of $81,384.00; one (1) John Deere Tractor from Buck Bros., Inc. (29626 N. Highway 12, Wauconda, IL 60084 in the amount of $47,703.03; two (2) Vermeer Chippers from Vermeer-Illinois, Inc. (2801 Beverly Drive, Aurora, IL 60504) in the amount of $154,480.00; one (1) Falcon Asphalt Recycler/Hot Box from Midwest Paving Equipment, Inc. (575 DuPage Blvd., Suite 2387, Glen Ellyn, IL 60137) in the amount of $40,473.00; one (1) Hamm Roller from Roland Machinery Co. (816 N. Dirksen Parkway, Springfield, IL 62702 in the amount of $69,280.00; and one (1) 2019 Ford Transit Connect Van from Kunes Country Ford of Antioch (104 Route 173 W. Antioch, IL 60002) in the amount of $21,707.00. The following vehicles will be leased to own: four (4) 2019 Nissan Rogue SUVs from Nissan Autobarn of Evanston (1012 Chicago Ave, Evanston, IL 60202) in the amount of $107,091.36 (to be spread out over 3 years). Funding will be from the Equipment Replacement Funds (Account 601.19.7780.65550 and Account 601.19.7780.62402) and the Parking Fund (Account 505.19.7005.65070). Further details can be found on the corresponding transmittal memorandum. For Action Ald. Braithwaite moved to recommend City Council approval of the purchase of eight (8) vehicles for operations in the Public Works Agency and Administrative Services Department and the lease of four (4) vehicles for operations in the Administrative Services Department, seconded by Ald. Rainey. The Committee voted unanimously 4-0 to approve the purchases. (A11) Service Provider Agreement with YWCA Evanston/North Shore Staff recommends City Council authorize the City Manager to sign a six-month Service Provider Agreement with the YWCA Evanston/North Shore (1215 Church Street, Evanston, IL), which will cost $75,000. The service agreement will supplement current victim services with training for law enforcement, 24 hour crisis intervention, and set aside 2 beds for a victim of Domestic violence. Funds will be provided from the Health and Human Services–Service Agreements Fund (Account 100.24.2445.62509), with a YTD budget and balance of $75,000. The City Council previously approved to fund two current fulltime victim advocate 34 of 921 positions for six months, and eliminates one vacant victim advocate position. For Action Ald. Fleming moved to recommend City Council authorize the City Manager to sign a six-month Service Provider Agreement with the YWCA Evanston/North Shore, which will cost $75,000, to supplement current victim services with training for law enforcement, 24 hour crisis intervention, and set aside 2 beds for a victim of domestic violence, seconded by Ald. Braithwaite. Ald. Fleming expressed concern about duplication of services provided by the YWCA and the City’s Victim Services Advocates. Ald. Rainey stated that although we are fortunate to have the YWCA in our town, with the exception of reserving an additional bed for Evanston residents, this contract looks like we are paying for services we already support. She added the City should pay the YWCA for any services above and beyond the statistics proposed in the CDBG proposal. We should not pay for what they are already providing. She also hopes we are coordinating services between the YWCA and Evanston Police Department. Health and Human Services (HHS) Department Director Evonda Thomas-Smith explained that the City Council approved $75,000 in funding to provide complimentary services for the two Victim Services Advocates during talks of position elimination. She noted that the Advocates do not provide 24 hour coverage or crisis intervention. The YWCA has committed 1 bed to the Evanston Police Deapartment and an additional bed outside of times the Advocates are working. Often, the Advocates are in court and will need coverage from the YWCA. The YWCA will also provide additional and necessary training, assessment crisis intervention assessment and case management to the Advocates and Police Department at the request of Chief Cook. YWCA President/CEO Karen Singer explained that they are at capacity. The YWCA cannot add services without additional staffing. YWCA Director of Domestic Violence Residential and Community Services Sandy Williams added that they are expanding their services to provide interventions for perpetrators and at-risk youth with advocates through a prevention program. At Ald. Rainey’s inquiry, City Manager Bobkiewicz noted that the City needed additional resources for 6 months to continue providing the expected level of services. He will return with a mid-year report and proposal after a social services review around June or July. At Ald. Fleming’s inquiry, Police Chief Demetrious Cook confirmed that his department participates in ongoing training for domestic violence. Ald. Rainey asked for the expenses for the past two years of domestic violence training in the Police Department. The Committee voted 3-1 with Ald. Fleming opposed to approval of the contract. 35 of 921 (A18) Resolution 18-R-19, Loan Agreement with Police Chief, Demitrous Cook Staff recommends City Council adoption of Resolution 18-R-19 approving a loan to Police Chief, Demitrous Cook. Funding will be from the General Fund (Account 100.12230). As this is a loan, the expense is being booked to a receivable account and the money will be repaid into the same account upon his departure. For Action Ald. Rainey moved to recommend City Council adoption of Resolution 18- R-19 approving a loan to Police Chief, Demitrous Cook, seconded by Ald. Braithwaite. Ald. Suffredin noted that there are currently 2 employees with this agreement. He asked for recommendations to expand or discontinue this practice. He is interested in holding a discussion on incentiving key current and prospective employees to relocate to Evanston. City Manager Bobkiewicz explained that in other municipalities the City Manager, Police and Fire Chief all live within the community they serve. Ald. Rainey suggested surveying employees to determine whether they are interested in an incentive to relocate to Evanston. Ald. Braithwaite is concerned about budget constraints of offering assistance to employees. Also, would the City assist with rentals and home purchases? The Committee voted unanimously 4-0 to adopt the resolution. VI. COMMUNICATIONS VII. ADJOURNMENT Ald. Braithwaite moved to recommend adjournment, seconded by Ald. Fleming. The meeting adjourned at 6:49pm. Respectfully Submitted, Janella Hardin, PHR 36 of 921 37 of 921 38 of 921 39 of 921 40 of 921 41 of 921 42 of 921 43 of 921 44 of 921 45 of 921 46 of 921 47 of 921 48 of 921 49 of 921 50 of 921 51 of 921 52 of 921 53 of 921 54 of 921 55 of 921 56 of 921 57 of 921 58 of 921 59 of 921 60 of 921 61 of 921 62 of 921 63 of 921 64 of 921 65 of 921 66 of 921 67 of 921 68 of 921 69 of 921 70 of 921 71 of 921 72 of 921 73 of 921 74 of 921 75 of 921 76 of 921 77 of 921 78 of 921 79 of 921 80 of 921 81 of 921 82 of 921 83 of 921 84 of 921 85 of 921 86 of 921 87 of 921 88 of 921 89 of 921 90 of 921 For City Council meeting of April 8, 2019 Item A4 Business of the City by Motion: 2019 Parking Lot Improvements Project For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer Chris Venatta, P.E., Senior Project Manager Subject: Approval of Contract for 2019 Parking Lot Improvements Project (Bid No. 19-07) Date: April 8, 2019 Recommended Action: Staff recommends City Council authorize the City Manager to execute a contract for the 2019 Parking Lot Improvements Project (Bid No. 19-07) with Chicagoland Paving, Inc. (225 Telser Rd., Lake Zurich, IL 60047) in the amount of $422,500.00. Funding Source: Funding will be provided from the Parking Fund in the amount of $410,500.00 and the Sewer Fund in the amount of $12,000.00. A detailed summary of the funding is as follows: Fund Account Amount Budgeted Contract Award Parking Fund 505.19.7005.65515 – 419013 $ 630,000.00 (See Note 1) $ 410,500.00 Sewer Fund 515.40.4533.65515 – 419018 $100,000.00 $ 12,000.00 Total $ 630,000.00 $ 422,500.00 Notes: 1. While the parking lot at 717 Howard was not originally budgeted in the 2019 CIP, the Transportation & Parking Committee recommended proceeding with the project to be paid from the Parking Fund and reimbursed by the Howard-Ridge TIF at a later date if funding is available. The amount of the reimbursement is $180,500. Memorandum 91 of 921 Livability Benefits: Built Environment: Enhance public spaces Climate and Energy: Improve energy and water efficiency Background Information: Work on this project included the rehabilitation of Parking Lot #51 - Tallmadge Park and a new parking lot located on an empty lot at 717 Howard Street. The work at these lots include pavement removal and replacement, concrete sidewalk, curb and driveway repairs, earthwork and grading, minor sewer improvements, lighting improvements, permeable paver block installation, landscape improvements, fencing, and parkway restoration. In addition to the above parking lot work this contract also includes an alternate for two permeable paver block patches for the Civic Center parking lot. In accordance with the terms of our grant with MWRD and maintenance plan for the Civic Center parking lot, the City must maintain the design-permeability levels of the porous pavement. During an annual inspection in December 2018, two locations of porous asphalt failed infiltration tests. Replacing these sections with permeable pavers will provide a more durable and longer lasting product than the existing porous asphalt. Analysis: This bid was advertised on Demandstar and in the Pioneer Press. Bids for the project were received and publicly read on March 19, 2019. Two contractors submitted bids for this project as follows. Contractor Address Chicagoland Paving, Inc. 225 Telser Rd., Lake Zurich, IL 60047 Landmark Contractors, Inc. 11916 W. Main St., Huntley, IL 60142 The submitted bids cannot be withdrawn or canceled for a period of sixty (60) calendar days following the bid opening. The bids were reviewed by Chris Venatta, Senior Project Manager. Attached is a bid tabulation showing the detailed bid results. A summary of the bid pricing received is as follows: Contractor Base Bid Price Alternate Total Bid Price Chicagoland Paving, Inc. $ 410,500.00 $ 12,000.00 $ 422,500.00 Landmark Contractors, Inc. $ 465,271.40 $ 6,480.00 $ 471,751.40 After reviewing the proposals, staff recommends that the contract be awarded to Chicagoland Paving, Inc. including the Alternate for a total amount of $422,500.00. The bid proposal indicated intent to meet the City’s M/W/EBE program goal, however, at the time of bid Chicagoland Paving only had commitments for 22% of the 25% goal. They did indicate intent to fully comply with the Local Employment Program. A memo reviewing compliance with the City’s M/W/EBE program goals is attached. 92 of 921 Attachments: Bid Tabulation Memo on M/W/EBE Compliance 93 of 921 CITY OF EVANSTONTABULATION OF BIDS FOR 2019 Parking Lot Improvements Project BID NO: 19-07 DATE: March 19, 2019 TIME: 2:00 P.M. ATTENDED BY: BN TOTAL UNIT UNIT UNIT QUANTITY PRICE PRICE PRICE 1 Tree Removal EA 3 $50.00 150.00$ $500.00 $1,500.00 $975.00 $2,925.00 2 Temporary Tree Fence FOOT 100 $2.50 250.00$ $2.50 $250.00 $6.00 $600.00 3 Earth Excavation CY 330 $45.00 14,850.00$ $40.00 $13,200.00 $76.00 $25,080.00 4 Exploration Trench EA 1 $750.00 750.00$ $970.00 $970.00 $555.00 $555.00 5 Removal and Disposal of Unsuitable Material CY 100 $50.00 5,000.00$ $25.00 $2,500.00 $84.00 $8,400.00 6 Trench Backfill CY 30 $50.00 1,500.00$ $59.50 $1,785.00 $54.00 $1,620.00 7 Porous Granular Backfill CY 5 $35.00 175.00$ $50.00 $250.00 $121.00 $605.00 8 Sodding SY 245 $12.00 2,940.00$ $20.00 $4,900.00 $22.80 $5,586.00 9 Topsoil Furnish and Place SY 245 $7.00 1,715.00$ $5.00 $1,225.00 $11.40 $2,793.00 10 Geotechnical Fabric for Ground Stabilization SY 100 $5.00 500.00$ $2.50 $250.00 $2.40 $240.00 11 Inlet and Pipe Protection EA 4 $300.00 1,200.00$ $175.00 $700.00 $151.00 $604.00 12 Aggregate Subgrade Improvement CY 100 $60.00 6,000.00$ $30.00 $3,000.00 $72.50 $7,250.00 13 Aggregate Base Course, Type B, 4"SY 18 $9.00 162.00$ $10.00 $180.00 $9.75 $175.50 14 Aggregate Base Course, Type B, 6"SY 0 $9.00 -$ $0.00 $0.00 15 Aggregate Base Course, Type B, 8"SY 20 $16.00 320.00$ $15.00 $300.00 $18.75 $375.00 16 Hot-Mix Asphalt Binder Course, IL-19.0, N50 TN 100 $110.00 11,000.00$ $100.00 $10,000.00 $122.00 $12,200.00 17 Hot-Mix Asphalt Surface Course, Mix 'D', N50 TN 150 $110.00 16,500.00$ $150.00 $22,500.00 $127.00 $19,050.00 18 Bituminous Materials (Tack Coat)LBS 790 $5.00 3,950.00$ $0.01 $7.90 $0.01 $7.90 19 Portland Cement Concrete Driveway Pavement, 8"SY 0 $80.00 -$ $0.00 $0.00 20 Portland Cement Concrete Sidewalk, 5"SF 535 $15.00 8,025.00$ $8.00 $4,280.00 $7.60 $4,066.00 21 Pavement Removal SY 510 $10.00 5,100.00$ $15.00 $7,650.00 $22.00 $11,220.00 22 Hot-Mix Asphalt Surface Removal, 2.5"SY 1,700 $8.00 13,600.00$ $6.00 $10,200.00 $6.50 $11,050.00 23 Curb Removal FOOT 450 $5.00 2,250.00$ $5.00 $2,250.00 $10.00 $4,500.00 24 Curb and Gutter Removal FOOT 50 $10.00 500.00$ $10.00 $500.00 $21.00 $1,050.00 25 Sidewalk Removal SF 365 $5.00 1,825.00$ $2.00 $730.00 $1.80 $657.00 26 Brick Paver Removal SF 0 $20.00 -$ $0.00 $0.00 27 Class B Patches, Special 8"SY 0 $100.00 -$ $0.00 $0.00 28 Full Depth Patches, Special 11"SY 0 $150.00 -$ $0.00 $0.00 29 Storm Sewers 8", Special (DIP CL 50)FOOT 85 $175.00 14,875.00$ $85.50 $7,267.50 $108.96 $9,261.60 30 Catch Basins, Type A, 4' Diameter, Type 1 Frame, O.L.EA 0 $4,000.00 -$ $0.00 $0.00 31 Manholes, Type A, 4'-Diameter, Type 1 Frame, C.L.EA 0 $6,000.00 -$ $0.00 $0.00 32 Inlet, Type A, 2' Diameter, Type 1 Frame, Open Lid EA 1 $2,000.00 2,000.00$ $1,505.00 $1,505.00 $3,520.00 $3,520.00 33 Concrete Curb Type B FOOT 335 $20.00 6,700.00$ $30.25 $10,133.75 $36.50 $12,227.50 34 Combination Curb and Gutter, Type B-6.12 FOOT 50 $24.00 1,200.00$ $32.00 $1,600.00 $39.75 $1,987.50 35 Vinyl Coated Chain Link Fence, 4' FOOT 225 $80.00 18,000.00$ $38.00 $8,550.00 $33.00 $7,425.00 36 Split Rail Wood Fence FOOT 140 $60.00 8,400.00$ $27.00 $3,780.00 $23.00 $3,220.00 37 Non-Special Waste Disposal CU YD 0 $95.00 -$ $0.00 $0.00 38 Special Waste Plans and Reports LSUM 0 $5,000.00 -$ $0.00 $0.00 39 Soil Disposal Analysis EA 0 $5,000.00 -$ $0.00 $0.00 40 Mobilization LSUM 1 $20,000.00 10,000.00$ $15,501.20 $7,750.60 $20,305.00 $10,152.50 41 Sign Panel - Type 1 SF 9 $30.00 270.00$ $35.00 $315.00 $25.00 $225.00 42 Metal Post - Type B FOOT 15 $30.00 450.00$ $20.00 $300.00 $15.00 $225.00 43 Pavement Marking Removal SF 0 $10.00 -$ $0.00 $0.00 44 Thermoplastic Pavement Marking - Letters and Symbols SF 25 $10.00 250.00$ $15.25 $381.25 $13.50 $337.50 45 Thermoplastic Pavement Marking - Line 4"FOOT 780 $5.00 3,900.00$ $5.10 $3,978.00 $4.44 $3,463.20 46 Epoxy Pavement Marking - Line 4"FOOT 435 $5.00 2,175.00$ $11.20 $4,872.00 $9.88 $4,297.80 47 Electrical Service Installation EA 0 $1,500.00 -$ $0.00 $0.00 48 Electrical Utility Service Connection LSUM 0 $3,000.00 -$ $0.00 $0.00 49 Underground Conduit, Galvanized Steel, 1" Dia.FOOT 390 $12.00 4,680.00$ $13.80 $5,382.00 $17.00 $6,630.00 50 Electric Cable in Conduit, 600V(XLP-Type Use)1/C No.10 FOOT 0 $1.10 -$ $0.00 $0.00 51 Electric Cable in Conduit, 600V(XLP-Type Use)1/C No.6 FOOT 1,320 $1.75 2,310.00$ $1.70 $2,244.00 $1.50 $1,980.00 52 Light Pole Foundation, 24" Diameter FOOT 58 $175.00 10,062.50$ $150.00 $8,625.00 $180.00 $10,350.00 53 Removal of Lighting Unit, Salvage EA 2 $400.00 800.00$ $425.00 $850.00 $550.00 $1,100.00 54 Removal of Light Pole Foundation EA 2 $325.00 650.00$ $350.00 $700.00 $250.00 $500.00 55 Drill Existing Handhole EA 1 $600.00 600.00$ $405.00 $405.00 $950.00 $950.00 56 Remove Electric Cable from Conduit FOOT 550 $0.85 467.50$ $1.06 $583.00 $0.10 $55.00 57 Chain Link Fence Removal FOOT 175 $6.00 1,050.00$ $5.00 $875.00 $11.00 $1,925.00 58 Split Rail Wood Fence Removal FOOT 220 $6.00 1,320.00$ $5.00 $1,100.00 $11.00 $2,420.00 59 Traffic Control and Protection LSUM 1 $10,000.00 5,000.00$ $5,000.00 $2,500.00 $4,625.00 $2,312.50 60 Removal Existing Sign Complete EA 1 $100.00 100.00$ $100.00 $100.00 $100.00 $100.00 61 Lighting Unit A, Complete EA 0 $1,900.00 -$ $0.00 $0.00 62 Lighting Unit B, Complete EA 4 $1,850.00 7,400.00$ $2,090.00 $8,360.00 $3,000.00 $12,000.00 63 Lighting Unit C, Complete EA 1 $2,500.00 2,500.00$ $2,825.00 $2,825.00 $3,650.00 $3,650.00 64 Construction Layout LSUM 1 $10,000.00 5,000.00$ $5,000.00 $2,500.00 $3,750.00 $1,875.00 65 Aggregate Base Leveling Course, CA-16 SY 425 $10.00 4,250.00$ $10.00 $4,250.00 $1.00 $425.00 66 Aggregate Base Course, Type B, CA-7 CY 210 $63.00 13,230.00$ $50.00 $10,500.00 $62.27 $13,076.70 67 Concrete Ribbon Curb, 12"FOOT 210 $30.00 6,300.00$ $24.50 $5,145.00 $32.30 $6,783.00 68 Incidental Hot-Mix Asphalt Surfacing TN 0 $110.00 -$ $0.00 $0.00 69 Remove Parking Meters EA 7 $200.00 1,400.00$ $100.00 $700.00 $100.00 $700.00 70 Permeable Paver Pavement SY 425 $50.00 21,250.00$ $47.00 $19,975.00 $54.00 $22,950.00 71 Core into Existing Structure w/ Boot EA 3 $1,000.00 3,000.00$ $2,400.00 $7,200.00 $400.00 $1,200.00 72 Frames and Lids To Be Adjusted, Special EA 2 $650.00 1,300.00$ $1,010.00 $2,020.00 $790.00 $1,580.00 73 Concrete Curb Stops EA 0 $150.00 -$ $0.00 $0.00 74 Temporary Construction Fence FOOT 400 $5.00 2,000.00$ $2.00 $800.00 $10.00 $4,000.00 75 Street Sweeping EA 5 $500.00 2,500.00$ $200.00 $1,000.00 $450.00 $2,250.00 76 Pre and Post Construction Sub-Surface Videotaping FOOT 60 $30.00 1,800.00$ $30.00 $1,800.00 $16.67 $1,000.20 77 Backflow Preventer LSUM 0 $5,000.00 -$ $0.00 $0.00 $265,452.00 $230,000.00 $276,764.40TOTAL BID AS READ AS CORRECTED ITEM NUMBER ITEM UNIT APPROVED ENGINEER'S ESTIMATE PARKING LOT 51 Huntley, IL 60142 TOTAL TOTALTOTAL NAME AND ADDRESS OF BIDDERS Chicagoland Paving, Inc. 225 Telser Road Lake Zurich, IL 60047 Landmark Contractors, Inc. 11916 W. Main St. 1 of 194 of 921 CITY OF EVANSTONTABULATION OF BIDS FOR 2019 Parking Lot Improvements Project BID NO: 19-07 DATE: March 19, 2019 TIME: 2:00 P.M. ATTENDED BY: BN TOTAL UNIT UNIT UNIT QUANTITY PRICE PRICE PRICE 1 Tree Removal EA 1 $50.00 50.00$ $1,000.00 $1,000.00 $725.00 $725.00 2 Temporary Tree Fence FOOT 0 $2.50 -$ $0.00 $0.00 3 Earth Excavation CY 280 $45.00 12,600.00$ $40.00 $11,200.00 $76.00 $21,280.00 4 Exploration Trench EA 1 $750.00 750.00$ $925.00 $925.00 $555.00 $555.00 5 Removal and Disposal of Unsuitable Material CY 90 $50.00 4,500.00$ $25.00 $2,250.00 $84.00 $7,560.00 6 Trench Backfill CY 60 $50.00 3,000.00$ $97.00 $5,820.00 $53.01 $3,180.60 7 Porous Granular Backfill CY 10 $35.00 350.00$ $35.00 $350.00 $87.22 $872.20 8 Sodding SY 0 $12.00 -$ $0.00 $0.00 9 Topsoil Furnish and Place SY 0 $7.00 -$ $0.00 $0.00 10 Geotechnical Fabric for Ground Stabilization SY 555 $5.00 2,775.00$ $1.50 $832.50 $1.20 $666.00 11 Inlet and Pipe Protection EA 2 $300.00 600.00$ $175.00 $350.00 $151.00 $302.00 12 Aggregate Subgrade Improvement CY 90 $60.00 5,400.00$ $30.00 $2,700.00 $69.12 $6,220.80 13 Aggregate Base Course, Type B, 4"SY 5 $9.00 45.00$ $15.00 $75.00 $9.65 $48.25 14 Aggregate Base Course, Type B, 6"SY 25 $9.00 225.00$ $15.00 $375.00 $15.00 $375.00 15 Aggregate Base Course, Type B, 8"SY 555 $16.00 8,880.00$ $12.50 $6,937.50 $17.00 $9,435.00 16 Hot-Mix Asphalt Binder Course, IL-19.0, N50 TN 80 $110.00 8,800.00$ $100.00 $8,000.00 $122.00 $9,760.00 17 Hot-Mix Asphalt Surface Course, Mix 'D', N50 TN 65 $110.00 7,150.00$ $150.00 $9,750.00 $127.00 $8,255.00 18 Bituminous Materials (Tack Coat)LBS 255 $5.00 1,275.00$ $0.01 $2.55 $0.01 $2.55 19 Portland Cement Concrete Driveway Pavement, 8"SY 25 $80.00 2,000.00$ $80.00 $2,000.00 $76.50 $1,912.50 20 Portland Cement Concrete Sidewalk, 5"SF 25 $15.00 375.00$ $8.00 $200.00 $9.10 $227.50 21 Pavement Removal SY 25 $10.00 250.00$ $15.00 $375.00 $24.15 $603.75 22 Hot-Mix Asphalt Surface Removal, 2.5"SY 0 $8.00 -$ $0.00 $0.00 23 Curb Removal FOOT 0 $5.00 -$ $0.00 $0.00 24 Curb and Gutter Removal FOOT 25 $10.00 250.00$ $10.00 $250.00 $37.00 $925.00 25 Sidewalk Removal SF 275 $5.00 1,375.00$ $2.00 $550.00 $3.00 $825.00 26 Brick Paver Removal SF 50 $20.00 1,000.00$ $20.00 $1,000.00 $4.00 $200.00 27 Class B Patches, Special 8"SY 16 $100.00 1,600.00$ $150.00 $2,400.00 $121.00 $1,936.00 28 Full Depth Patches, Special 11"SY 8 $150.00 1,200.00$ $200.00 $1,600.00 $250.00 $2,000.00 29 Storm Sewers 8", Special (DIP CL 50)FOOT 70 $175.00 12,250.00$ $152.00 $10,640.00 $110.00 $7,700.00 30 Catch Basins, Type A, 4' Diameter, Type 1 Frame, O.L.EA 1 $4,000.00 4,000.00$ $3,885.00 $3,885.00 $5,200.00 $5,200.00 31 Manholes, Type A, 4'-Diameter, Type 1 Frame, C.L.EA 1 $6,000.00 6,000.00$ $7,355.00 $7,355.00 $7,100.00 $7,100.00 32 Inlet, Type A, 2' Diameter, Type 1 Frame, Open Lid EA 0 $2,000.00 -$ $0.00 $0.00 33 Concrete Curb Type B FOOT 160 $20.00 3,200.00$ $30.25 $4,840.00 $35.40 $5,664.00 34 Combination Curb and Gutter, Type B-6.12 FOOT 25 $24.00 600.00$ $32.00 $800.00 $40.00 $1,000.00 35 Vinyl Coated Chain Link Fence, 4' FOOT 0 $80.00 -$ $0.00 $0.00 36 Split Rail Wood Fence FOOT 0 $60.00 -$ $0.00 $0.00 37 Non-Special Waste Disposal CU YD 370 $95.00 35,150.00$ $50.00 $18,500.00 $82.35 $30,469.50 38 Special Waste Plans and Reports LSUM 1 $5,000.00 5,000.00$ $3,000.00 $3,000.00 $4,000.00 $4,000.00 39 Soil Disposal Analysis EA 1 $5,000.00 5,000.00$ $2,500.00 $2,500.00 $900.00 $900.00 40 Mobilization LSUM 0.5 $20,000.00 10,000.00$ $71,689.05 $35,844.53 $20,305.00 $10,152.50 41 Sign Panel - Type 1 SF 25 $30.00 750.00$ $35.00 $875.00 $25.00 $625.00 42 Metal Post - Type B FOOT 56 $30.00 1,680.00$ $20.00 $1,120.00 $15.00 $840.00 43 Pavement Marking Removal SF 20 $10.00 200.00$ $11.30 $226.00 $10.00 $200.00 44 Thermoplastic Pavement Marking - Letters and Symbols SF 3.1 $10.00 31.00$ $36.75 $113.93 $32.50 $100.75 45 Thermoplastic Pavement Marking - Line 4"FOOT 480 $5.00 2,400.00$ $10.50 $5,040.00 $9.28 $4,454.40 46 Epoxy Pavement Marking - Line 4"FOOT 0 $5.00 -$ $0.00 $0.00 47 Electrical Service Installation EA 1 $1,500.00 1,500.00$ $2,760.00 $2,760.00 $1,950.00 $1,950.00 48 Electrical Utility Service Connection LSUM 1 $3,000.00 3,000.00$ $2,650.00 $2,650.00 $1.00 $1.00 49 Underground Conduit, Galvanized Steel, 1" Dia.FOOT 160 $12.00 1,920.00$ $13.80 $2,208.00 $17.00 $2,720.00 50 Electric Cable in Conduit, 600V(XLP-Type Use)1/C No.10 FOOT 500 $1.10 550.00$ $1.45 $725.00 $1.00 $500.00 51 Electric Cable in Conduit, 600V(XLP-Type Use)1/C No.6 FOOT 0 $1.75 -$ $0.00 $0.00 52 Light Pole Foundation, 24" Diameter FOOT 23 $175.00 4,025.00$ $150.00 $3,450.00 $180.00 $4,140.00 53 Removal of Lighting Unit, Salvage EA 0 $400.00 -$ $0.00 $0.00 54 Removal of Light Pole Foundation EA 0 $325.00 -$ $0.00 $0.00 55 Drill Existing Handhole EA 0 $600.00 -$ $0.00 $0.00 56 Remove Electric Cable from Conduit FOOT 0 $0.85 -$ $0.00 $0.00 57 Chain Link Fence Removal FOOT 100 $6.00 600.00$ $5.00 $500.00 $11.00 $1,100.00 58 Split Rail Wood Fence Removal FOOT 0 $6.00 -$ $0.00 $0.00 59 Traffic Control and Protection LSUM 0.5 $10,000.00 5,000.00$ $1,000.00 $500.00 $4,625.00 $2,312.50 60 Removal Existing Sign Complete EA 0 $100.00 -$ $0.00 $0.00 61 Lighting Unit A, Complete EA 2 $1,900.00 3,800.00$ $2,240.00 $4,480.00 $3,175.00 $6,350.00 62 Lighting Unit B, Complete EA 0 $1,850.00 -$ $0.00 $0.00 63 Lighting Unit C, Complete EA 0 $2,500.00 -$ $0.00 $0.00 64 Construction Layout LSUM 0.5 $10,000.00 5,000.00$ $5,000.00 $2,500.00 $3,750.00 $1,875.00 65 Aggregate Base Leveling Course, CA-16 SY 0 $10.00 -$ $0.00 $0.00 66 Aggregate Base Course, Type B, CA-7 CY 0 $63.00 -$ $0.00 $0.00 67 Concrete Ribbon Curb, 12"FOOT 0 $30.00 -$ $0.00 $0.00 68 Incidental Hot-Mix Asphalt Surfacing TN 5 $110.00 550.00$ $150.00 $750.00 $277.00 $1,385.00 69 Remove Parking Meters EA 1 $200.00 200.00$ $100.00 $100.00 $100.00 $100.00 70 Permeable Paver Pavement SY 0 $50.00 -$ $0.00 $0.00 71 Core into Existing Structure w/ Boot EA 0 $1,000.00 -$ $0.00 $0.00 72 Frames and Lids To Be Adjusted, Special EA 0 $650.00 -$ $0.00 $0.00 73 Concrete Curb Stops EA 12 $150.00 1,800.00$ $85.00 $1,020.00 $200.00 $2,400.00 74 Temporary Construction Fence FOOT 200 $5.00 1,000.00$ $4.00 $800.00 $10.00 $2,000.00 75 Street Sweeping EA 6 $500.00 3,000.00$ $200.00 $1,200.00 $450.00 $2,700.00 76 Pre and Post Construction Sub-Surface Videotaping FOOT 60 $30.00 1,800.00$ $30.00 $1,800.00 $16.67 $1,000.20 77 Backflow Preventer LSUM 1 $5,000.00 5,000.00$ $1,375.00 $1,375.00 $1,700.00 $1,700.00 $189,456.00 $185,000.00 $188,507.00 $180,500.00 TOTAL TOTAL TOTAL 717 HOWARD STREET APPROVED ENGINEER'S ESTIMATE NAME AND ADDRESS OF BIDDERS Chicagoland Paving, Inc.Landmark Contractors, Inc. 225 Telser Road 11916 W. Main St. Lake Zurich, IL 60047 Huntley, IL 60142 TOTAL BID AS READ AS CORRECTED ITEM NUMBER ITEM UNIT 1 of 195 of 921 CITY OF EVANSTONTABULATION OF BIDS FOR 2019 Parking Lot Improvements Project BID NO: 19-07 DATE: March 19, 2019 TIME: 2:00 P.M. ATTENDED BY: BN TOTAL UNIT UNIT UNIT QUANTITY PRICE PRICE PRICE 1 Permeable Paver - SPECIAL SY 120 $100.00 12,000.00$ $100.00 $12,000.00 $54.00 $6,480.00 $12,000.00 $12,000.00 $6,480.00 TOTAL TOTAL TOTAL ALTERNATE APPROVED ENGINEER'S ESTIMATE NAME AND ADDRESS OF BIDDERS Chicagoland Paving, Inc.Landmark Contractors, Inc. 225 Telser Road 11916 W. Main St. Lake Zurich, IL 60047 Huntley, IL 60142 TOTAL BID AS READ AS CORRECTED ITEM NUMBER ITEM UNIT 1 of 196 of 921 2019 Parking Lot Improvements Project, Bid 19-07, M/W/EBE Memo 04.08.2019 To: David Stoneback, Public Works Agency Director Lara Biggs, P.E. Bureau Chief – Capital Planning / City Engineer Chris Venatta, P.E. Senior Project Manager From: Tammi Nunez, Purchasing Manager Subject: 2019 Parking Lot Improvements Project, Bid 19-07 Date: April 8, 2019 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to the 2019 Parking Lot Improvements Project, Bid 19-07, Chicagoland Paving total base bid is $422,500.00 and they will receive 9.6% credit for compliance towards the M/W/EBE goal. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Archon Construction Company 563 South Route 53 Addison, IL 60101 Utility Installation $28,250.00 6.7% X Marking Specialist Corporation 114 High Road, Unit 1 Cary, IL 60013 Line Painting $12,853.65 3.0% X Total M/W/EBE $41,103.65 9.7% Chicagoland Paving is requesting to waive 15.3% of the MWEBE goal, citing participation is impracticable. CC: Hitesh Desai, Chief Financial Officer Memorandum 97 of 921 For City Council meeting of April 08, 2019 Item A5 Business of the City by Motion: Emerson Street Traffic Signals Project For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer Rajeev Dahal, Senior Project Manager - Transportation Subject: Approval of Contract Emerson Street Traffic Signals Project (Bid No. 19-04) Dodge Avenue, Maple Avenue, Elgin Road and Elgin Road/Benson Avenue Date: March 13, 2019 Recommended Action: Staff recommends City Council authorize the City Manager to execute a contract for the Emerson Street Traffic Signals Project (Bid No. 19-04) with Hecker and Company, Inc. (250 Industrial Lane, Wheeling, IL 60090) in the amount of $968,928.90. Funding Source: Funding will be provided from the CIP Fund 2019 General Obligation Bonds in the amount of $948,928.90 and from fees from the public benefit for the Planned Unit Development located at 831 Emerson Street in the amount of $20,000. A detailed summary of the funding is as follows: Fund Account Budget Contract Amount 2019 G.O. Bonds 415.40.4118.65515 – 417016 $1,250,000.00 $948,928.90 PUD Fees (Ord. 37-O-17) 415.40.4219.65515 – 417016 $ 20,000.00 $ 20,000.00 Total $1,270,000.00 $968,928.90 Livability Benefits: Built Environment: Enhance public spaces Health & Safety: Improve emergency prevention and response Equity & Empowerment: Ensure equitable access to community assets Background Information: The project involves signal modernization and fiber interconnection of three signals at Emerson Street/Maple Avenue, Emerson Street/Elgin Road, and Elgin Road/Benson Avenue. It also involves signal modernization of one signal at Emerson Street/Dodge Memorandum 98 of 921 Avenue. The project will include the replacement of outdated controllers, new mast arm poles, traffic signal equipment, installation of loop detectors and fiber optic interconnect system, LED heads, etc. per IDOT standards and also traffic signal emergency vehicle preemption devices. Sidewalk improvements, pedestrian countdown signals, and audible pedestrian signals are also included as part of the project to improve the safety of pedestrians. Analysis: This bid was advertised on Demandstar and in the Pioneer Press on February 14, 2019, A non-mandatory pre-bid meeting was held on February 26, 2019. Bids for the project were received and publicly read on March 12, 2019. Two contractors submitted bids for this project as follows. Contractor Address Home Towne Electric, Inc. 35220 Rt. 83, PO BOX 863, Lake Villa, IL 60046 Hecker and Company, Inc. 250 Industrial lane, Wheeling, IL 60090 The submitted bids cannot be withdrawn or canceled for a period of sixty (60) calendar days following the bid opening. The bids were reviewed by Rajeev Dahal, Senior Project Manager. Attached is the bid tabulation showing the detailed bid results. A summary of the bid pricing received was as follows: Contractor Total Bid Price Hecker and Company, Inc. $968,928.90 Home Towne Electric, Inc. $1,671,654.35 Hecker and Company, Inc. has completed previous projects for the City, and staff has found their work to be satisfactory. Therefore, staff recommends that the contract be awarded to Hecker and Company, Inc. for a total amount of $968,928.90. The bid proposal indicated intent to meet the City’s M/W/EBE program goal and comply with the Local Employment Program. A memo reviewing compliance with the City’s M/W/EBE program goals is attached. Legislative History: On 6/12/17, the City Council approved Ordinance 37-O-17 (the Planned Unit Development located 831 Emerson) Attachments: Bid Tabulation M/W/EBE Participation Memo 99 of 921 DATE: 3/12/19 TIME: 2:00 P.M. ATTENDED BY: RD Item No.Items Unit Quantity Unit Price Cost UNIT PRICE TOTAL UNIT PRICE TOTAL 00000000 COMBINATION CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENTFOOT 677 75.00$ 50,775.00$ $43.00 $29,111.00 $38.50 $26,064.50 00000001 PAVER BRICK REMOVAL SQ FT 260 6.00$ 1,560.00$ $4.10 $1,066.00 $16.50 $4,290.00 00000002 PAVER BRICK REMOVAL AND REPLACEMENT SQ FT 725 22.00$ 15,950.00$ $12.50 $9,062.50 $16.50 $11,962.50 20100110 TREE REMOVAL (6 TO 15 UNITS DIAMETER)UNIT 6 25.00$ 150.00$ $36.00 $216.00 $66.00 $396.00 20101000 TEMPORARY FENCE FOOT 130 5.00$ 650.00$ $6.00 $780.00 $7.70 $1,001.00 20101200 TREE ROOT PRUNING EACH 7 100.00$ 700.00$ $153.00 $1,071.00 $275.00 $1,925.00 20101300 TREE PRUNING (1 TO 10 INCH DIAMETER)EACH 3 40.00$ 120.00$ $225.00 $675.00 $176.00 $528.00 20101350 TREE PRUNING (OVER 10 INCH DIAMETER)EACH 5 50.00$ 250.00$ $256.00 $1,280.00 $248.00 $1,240.00 20101700 SUPPLEMENTAL WATERING UNIT 3 125.00$ 375.00$ $102.00 $306.00 $55.00 $165.00 20201200 REMOVAL AND DISPOSAL OF UNSUITABLE MATERIAL CU YD 60 80.00$ 4,800.00$ $71.50 $4,290.00 $63.30 $3,798.00 21101625 TOPSOIL FURNISH AND PLACE, 6"SQ YD 30 40.00$ 1,200.00$ $82.00 $2,460.00 $49.50 $1,485.00 21301048 EXPLORATION TRENCH 48" DEPTH FOOT 80 5.00$ 400.00$ $32.00 $2,560.00 $12.00 $960.00 21301072 EXPLORATION TRENCH 72" DEPTH FOOT 110 10.00$ 1,100.00$ $38.50 $4,235.00 $12.00 $1,320.00 25200110 SODDING, SALT TOLERANT SQ YD 30 35.00$ 1,050.00$ $16.50 $495.00 $99.00 $2,970.00 28000510 INLET FILTERS EACH 30 200.00$ 6,000.00$ $256.00 $7,680.00 $281.00 $8,430.00 40600290 BITUMINOUS MATERIALS (TACK COAT)POUND 41 6.00$ 246.00$ $1.00 $41.00 $0.10 $4.10 40600535 LEVELING BINDER (HAND METHOD), N70 TON 10 150.00$ 1,500.00$ $256.00 $2,560.00 $660.00 $6,600.00 40603335 HOT-MIX ASPHALT SURFACE COURSE, MIX "D", N50 TON 10 150.00$ 1,500.00$ $256.00 $2,560.00 $660.00 $6,600.00 42001300 PROTECTIVE COAT SQ YD 717 4.00$ 2,868.00$ $3.05 $2,186.85 $5.50 $3,943.50 42400200 PORTLAND CEMENT CONCRETE SIDEWALK 5 INCH SQ FT 6,018 17.00$ 102,306.00$ $8.00 $48,144.00 $9.40 $56,569.20 42400800 DETECTABLE WARNINGS SQ FT 255 40.00$ 10,200.00$ $35.00 $8,925.00 $49.50 $12,622.50 44000100 PAVEMENT REMOVAL SQ YD 7 36.00$ 252.00$ $19.00 $133.00 $102.50 $717.50 44000157 HOT-MIX ASPHALT SURFACE REMOVAL, 2"SQ YD 91 22.00$ 2,002.00$ $16.50 $1,501.50 $5.50 $500.50 44000600 SIDEWALK REMOVAL SQ FT 5,999 4.00$ 23,996.00$ $3.30 $19,796.70 $5.50 $32,994.50 44003100 MEDIAN REMOVAL SQ FT 20 12.00$ 240.00$ $4.10 $82.00 $5.50 $110.00 60619600 CONCRETE MEDIAN, TYPE SB-6.12 SQ FT 57 20.00$ 1,140.00$ $29.50 $1,681.50 $55.00 $3,135.00 66900200 NON-SPECIAL WASTE DISPOSAL CU YD 22 100.00$ 2,200.00$ $139.00 $3,058.00 $203.50 $4,477.00 66900450 SPECIAL WASTE PLANS AND REPORTS LSUM 1 2,000.00$ 2,000.00$ $5,610.00 $5,610.00 $2,420.00 $2,420.00 66900530 SOIL DISPOSAL ANALYSIS EACH 2 2,500.00$ 5,000.00$ $1,840.00 $3,680.00 $1,650.00 $3,300.00 67100100 MOBILIZATION LSUM 1 65,000.00$ 65,000.00$ $58,000.00 $58,000.00 $225,000.00 $225,000.00 70107025 CHANGEABLE MESSAGE SIGN CAL DA 120 50.00$ 6,000.00$ $31.50 $3,780.00 $46.00 $5,520.00 72000100 SIGN PANEL - TYPE 1 SQ FT 97.5 46.00$ 4,485.00$ $45.50 $4,436.25 $58.90 $5,742.75 78000100 THERMOPLASTIC PAVEMENT MARKING - LETTERS AND SYMBOLS SQ FT 400 8.00$ 3,200.00$ $6.00 $2,400.00 $6.10 $2,440.00 78000200 THERMOPLASTIC PAVEMENT MARKING - LINE 4"FOOT 2,390 4.00$ 9,560.00$ $1.00 $2,390.00 $1.10 $2,629.00 78000400 THERMOPLASTIC PAVEMENT MARKING - LINE 6"FOOT 1,656 5.00$ 8,280.00$ $1.55 $2,566.80 $1.70 $2,815.20 78000600 THERMOPLASTIC PAVEMENT MARKING - LINE 12"FOOT 836 7.00$ 5,852.00$ $2.45 $2,048.20 $2.90 $2,424.40 78000650 THERMOPLASTIC PAVEMENT MARKING - LINE 24"FOOT 242 14.00$ 3,388.00$ $6.00 $1,452.00 $6.10 $1,476.20 78001150 PAINT PAVEMENT MARKING - LINE 12"FOOT 683 4.00$ 2,732.00$ $3.00 $2,049.00 $1.80 $1,229.40 78005100 EPOXY PAVEMENT MARKING - LETTERS AND SYMBOLS SQ FT 255 8.00$ 2,040.00$ $10.00 $2,550.00 $7.70 $1,963.50 78005110 EPOXY PAVEMENT MARKING - LINE 4"FOOT 724 4.00$ 2,896.00$ $3.85 $2,787.40 $1.70 $1,230.80 78005130 EPOXY PAVEMENT MARKING - LINE 6"FOOT 922 5.00$ 4,610.00$ $4.10 $3,780.20 $2.80 $2,581.60 78005150 EPOXY PAVEMENT MARKING - LINE 12"FOOT 36 6.00$ 216.00$ $10.00 $360.00 $3.90 $140.40 APPROVED ENGINEER'S ESTIMATE Hecker and Company, Inc. 250 Industrial lane NAME AND ADDRESS OF BIDDERS Wheeling, IL 60090 Home Towne Electric, Inc. 35220 Rt. 83 PO BOX 863 Lake Villa, IL 60046 CITY OF EVANSTONTABULATION OF BIDS FOR EMERSON STREET TRAFFIC SIGNALS IMPROVEMENT PROJECTBID NO. 19-04 100 of 921 DATE: 3/12/19 TIME: 2:00 P.M. ATTENDED BY: RD Item No.Items Unit Quantity Unit Price Cost UNIT PRICE TOTAL UNIT PRICE TOTAL APPROVED ENGINEER'S ESTIMATE Hecker and Company, Inc. 250 Industrial lane NAME AND ADDRESS OF BIDDERS Wheeling, IL 60090 Home Towne Electric, Inc. 35220 Rt. 83 PO BOX 863 Lake Villa, IL 60046 CITY OF EVANSTONTABULATION OF BIDS FOR EMERSON STREET TRAFFIC SIGNALS IMPROVEMENT PROJECTBID NO. 19-04 78005180 EPOXY PAVEMENT MARKING - LINE 24"FOOT 150 8.00$ 1,200.00$ $10.00 $1,500.00 $7.70 $1,155.00 80500020 SERVICE INSTALLATION - POLE MOUNTED EACH 3 2,200.00$ 6,600.00$ $1,350.00 $4,050.00 $2,508.00 $7,524.00 81028200 UNDERGROUND CONDUIT, GALVANIZED STEEL, 2" DIA.FOOT 774 25.00$ 19,350.00$ $20.50 $15,867.00 $19.40 $15,015.60 81028210 UNDERGROUND CONDUIT, GALVANIZED STEEL, 2 1/2" DIA.FOOT 372 30.00$ 11,160.00$ $27.00 $10,044.00 $24.80 $9,225.60 81028220 UNDERGROUND CONDUIT, GALVANIZED STEEL, 3" DIA.FOOT 152 50.00$ 7,600.00$ $36.00 $5,472.00 $29.60 $4,499.20 81028240 UNDERGROUND CONDUIT, GALVANIZED STEEL, 4" DIA.FOOT 1,114 57.00$ 63,498.00$ $38.00 $42,332.00 $51.20 $57,036.80 81400100 HANDHOLE EACH 16 1,610.00$ 25,760.00$ $1,460.00 $23,360.00 $1,675.00 $26,800.00 81400300 DOUBLE HANDHOLE EACH 4 3,300.00$ 13,200.00$ $3,040.00 $12,160.00 $2,700.00 $10,800.00 85000200 MAINTENANCE OF EXISTING TRAFFIC SIGNAL INSTALLATION EACH 3 5,000.00$ 15,000.00$ $9,530.00 $28,590.00 $1,760.00 $5,280.00 85700200 FULL-ACTUATED CONTROLLER AND TYPE IV CABINET EACH 3 27,500.00$ 82,500.00$ $29,700.00 $89,100.00 $32,229.00 $96,687.00 86000100 MASTER CONTROLLER EACH 1 6,700.00$ 6,700.00$ $3,850.00 $3,850.00 $6,437.00 $6,437.00 86400100 TRANSCEIVER - FIBER OPTIC EACH 2 5,500.00$ 11,000.00$ $3,970.00 $7,940.00 $6,489.00 $12,978.00 87300925 ELECTRIC CABLE IN CONDUIT, TRACER, NO. 14 1C FOOT 603 0.70$ 422.10$ $0.75 $452.25 $660.20 $398,100.60 87301215 ELECTRIC CABLE IN CONDUIT, SIGNAL NO. 14 2C FOOT 4,162 0.80$ 3,329.60$ $0.85 $3,537.70 $1.00 $4,162.00 87301225 ELECTRIC CABLE IN CONDUIT, SIGNAL NO. 14 3C FOOT 5,654 1.00$ 5,654.00$ $0.95 $5,371.30 $1.10 $6,219.40 87301245 ELECTRIC CABLE IN CONDUIT, SIGNAL NO. 14 5C FOOT 6,474 1.20$ 7,768.80$ $1.10 $7,121.40 $1.30 $8,416.20 87301255 ELECTRIC CABLE IN CONDUIT, SIGNAL NO. 14 7C FOOT 2,325 1.40$ 3,255.00$ $1.35 $3,138.75 $1.50 $3,487.50 87301305 ELECTRIC CABLE IN CONDUIT, LEAD-IN, NO. 14 1 PAIR FOOT 671 1.70$ 1,140.70$ $0.90 $603.90 $1.10 $738.10 87301805 ELECTRIC CABLE IN CONDUIT, SERVICE, NO. 6 2 C FOOT 658 4.00$ 2,632.00$ $3.50 $2,303.00 $3.10 $2,039.80 87301900 ELECTRIC CABLE IN CONDUIT, EQUIPMENT GROUNDING CONDUCTOR, NO. 6 1CFOOT 2,556 1.50$ 3,834.00$ $1.15 $2,939.40 $1.50 $3,834.00 87502290 TRAFFIC SIGNAL POST, PAINTED STEEL 14 FT.EACH 6 1,750.00$ 10,500.00$ $1,190.00 $7,140.00 $1,237.00 $7,422.00 87502310 TRAFFIC SIGNAL POST, PAINTED STEEL 16 FT.EACH 3 1,875.00$ 5,625.00$ $1,220.00 $3,660.00 $1,265.00 $3,795.00 87502330 TRAFFIC SIGNAL POST, PAINTED STEEL 18 FT.EACH 2 2,000.00$ 4,000.00$ $876.00 $1,752.00 $1,001.00 $2,002.00 87700140 STEEL MAST ARM ASSEMBLY AND POLE, 20 FT.EACH 1 7,250.00$ 7,250.00$ $7,520.00 $7,520.00 $9,059.00 $9,059.00 87700150 STEEL MAST ARM ASSEMBLY AND POLE, 22 FT.EACH 2 7,500.00$ 15,000.00$ $7,750.00 $15,500.00 $9,326.00 $18,652.00 87700160 STEEL MAST ARM ASSEMBLY AND POLE, 24 FT.EACH 1 7,700.00$ 7,700.00$ $8,170.00 $8,170.00 $9,817.00 $9,817.00 87700180 STEEL MAST ARM ASSEMBLY AND POLE, 28 FT.EACH 1 8,000.00$ 8,000.00$ $8,650.00 $8,650.00 $10,370.00 $10,370.00 87700190 STEEL MAST ARM ASSEMBLY AND POLE, 30 FT.EACH 2 8,250.00$ 16,500.00$ $8,350.00 $16,700.00 $10,348.00 $20,696.00 87700200 STEEL MAST ARM ASSEMBLY AND POLE, 32 FT.EACH 2 9,000.00$ 18,000.00$ $8,790.00 $17,580.00 $10,924.00 $21,848.00 87700220 STEEL MAST ARM ASSEMBLY AND POLE, 36 FT.EACH 2 10,000.00$ 20,000.00$ $10,100.00 $20,200.00 $12,608.00 $25,216.00 87700230 STEEL MAST ARM ASSEMBLY AND POLE, 38 FT.EACH 2 10,200.00$ 20,400.00$ $10,200.00 $20,400.00 $13,163.00 $26,326.00 87700240 STEEL MAST ARM ASSEMBLY AND POLE, 40 FT.EACH 1 10,400.00$ 10,400.00$ $11,500.00 $11,500.00 $14,960.00 $14,960.00 87800100 CONCRETE FOUNDATION, TYPE A FOOT 60 235.00$ 14,100.00$ $204.00 $12,240.00 $306.30 $18,378.00 87800200 CONCRETE FOUNDATION, TYPE D FOOT 12 580.00$ 6,960.00$ $733.00 $8,796.00 $612.50 $7,350.00 87800400 CONCRETE FOUNDATION, TYPE E 30-INCH DIAMETER FOOT 158 230.00$ 36,340.00$ $227.00 $35,866.00 $213.50 $33,733.00 87800415 CONCRETE FOUNDATION, TYPE E 36-INCH DIAMETER FOOT 13 260.00$ 3,380.00$ $284.00 $3,692.00 $225.00 $2,925.00 88030020 SIGNAL HEAD, LED, 1-FACE, 3-SECTION, MAST-ARM MOUNTED EACH 18 1,000.00$ 18,000.00$ $820.00 $14,760.00 $777.00 $13,986.00 88030050 SIGNAL HEAD, LED, 1-FACE, 3-SECTION, BRACKET MOUNTED EACH 11 850.00$ 9,350.00$ $766.00 $8,426.00 $673.00 $7,403.00 88030100 SIGNAL HEAD, LED, 1-FACE, 5-SECTION, BRACKET MOUNTED EACH 6 1,400.00$ 8,400.00$ $949.00 $5,694.00 $970.00 $5,820.00 88030110 SIGNAL HEAD, LED, 1-FACE, 5-SECTION, MAST-ARM MOUNTED EACH 6 1,500.00$ 9,000.00$ $1,020.00 $6,120.00 $1,090.00 $6,540.00 88055160 OPTICALLY PROGRAMMED SIGNAL HEAD, LED, 1-FACE, 3-SECTION, MAST ARM MOUNTEDEACH 3 1,400.00$ 4,200.00$ $4,030.00 $12,090.00 $4,549.00 $13,647.00 88055165 OPTICALLY PROGRAMMED SIGNAL HEAD, LED, 1-FACE, 4-SECTION, BRACKET MOUNTEDEACH 1 1,600.00$ 1,600.00$ $5,290.00 $5,290.00 $5,914.00 $5,914.00101 of 921 DATE: 3/12/19 TIME: 2:00 P.M. ATTENDED BY: RD Item No.Items Unit Quantity Unit Price Cost UNIT PRICE TOTAL UNIT PRICE TOTAL APPROVED ENGINEER'S ESTIMATE Hecker and Company, Inc. 250 Industrial lane NAME AND ADDRESS OF BIDDERS Wheeling, IL 60090 Home Towne Electric, Inc. 35220 Rt. 83 PO BOX 863 Lake Villa, IL 60046 CITY OF EVANSTONTABULATION OF BIDS FOR EMERSON STREET TRAFFIC SIGNALS IMPROVEMENT PROJECTBID NO. 19-04 88055170 OPTICALLY PROGRAMMED SIGNAL HEAD, LED, 1-FACE, 4-SECTION, MAST ARM MOUNTEDEACH 1 1,500.00$ 1,500.00$ $4,970.00 $4,970.00 $5,689.00 $5,689.00 88102717 PEDESTRIAN SIGNAL HEAD, LED, 1-FACE, BRACKET MOUNTED WITH COUNTDOWN TIMEREACH 26 950.00$ 24,700.00$ $590.00 $15,340.00 $533.00 $13,858.00 88200410 TRAFFIC SIGNAL BACKPLATE, LOUVERED, FORMED PLASTIC EACH 28 320.00$ 8,960.00$ $222.00 $6,216.00 $268.00 $7,504.00 88500100 INDUCTIVE LOOP DETECTOR EACH 6 375.00$ 2,250.00$ $108.00 $648.00 $138.00 $828.00 88600100 DETECTOR LOOP, TYPE I EACH 818 18.00$ 14,724.00$ $22.00 $17,996.00 $18.00 $14,724.00 88700200 LIGHT DETECTOR EACH 12 1,400.00$ 16,800.00$ $838.00 $10,056.00 $1,047.00 $12,564.00 88700300 LIGHT DETECTOR AMPLIFIER EACH 3 2,000.00$ 6,000.00$ $1,980.00 $5,940.00 $2,362.00 $7,086.00 89502300 REMOVE ELECTRIC CABLE FROM CONDUIT FOOT 13,500 1.00$ 13,500.00$ $0.34 $4,590.00 $0.40 $5,400.00 89502375 REMOVE EXISTING TRAFFIC SIGNAL EQUIPMENT EACH 3 3,000.00$ 9,000.00$ $2,850.00 $8,550.00 $1,760.00 $5,280.00 89502380 REMOVE EXISTING HANDHOLE EACH 21 300.00$ 6,300.00$ $447.00 $9,387.00 $660.00 $13,860.00 89502382 REMOVE EXISTING DOUBLE HANDHOLE EACH 1 400.00$ 400.00$ $974.00 $974.00 $880.00 $880.00 89502385 REMOVE EXISTING CONCRETE FOUNDATION EACH 32 400.00$ 12,800.00$ $511.00 $16,352.00 $880.00 $28,160.00 X0324085 EMERGENCY VEHICLE PRIORITY SYSTEM LINE SENSOR CABLE, NO. 20 3/CFOOT 1,270 0.90$ 1,143.00$ $0.80 $1,016.00 $1.10 $1,397.00 X0327979 PAVEMENT MARKING REMOVAL - GRINDING SQ FT 5,384 2.00$ 10,768.00$ $1.95 $10,498.80 $1.10 $5,922.40 X1400144 UNINTERRUPTABLE POWER SUPPLYAND CABINET, SPECIAL EACH 3 2,000.00$ 6,000.00$ $7,020.00 $21,060.00 $7,595.00 $22,785.00 X7010216 TRAFFIC CONTROL AND PROTECTION, (SPECIAL)LSUM 1 50,000.00$ 50,000.00$ $7,220.00 $7,220.00 $40,000.00 $40,000.00 X8710024 FIBER OPTIC CABLE IN CONDUIT, NO. 62.5/125, MM12F SM24F FOOT 603 5.00$ 3,015.00$ $6.50 $3,919.50 $8.70 $5,246.10 X8760055 PEDESTRIAN PUSH-BUTTON POST, TYPE A EACH 4 1,000.00$ 4,000.00$ $1,010.00 $4,040.00 $957.00 $3,828.00 X8760200 ACCESSIBLE PEDESTRIAN SIGNALS EACH 26 900.00$ 23,400.00$ $1,140.00 $29,640.00 $1,331.00 $34,606.00 Z0007430 TEMPORARY SIDEWALK SQ FT 1,400 8.00$ 11,200.00$ $6.50 $9,100.00 $2.20 $3,080.00 Z0013798 CONSTRUCTION LAYOUT LSUM 1 30,000.00$ 30,000.00$ $5,050.00 $5,050.00 $15,730.00 $15,730.00 Z0033046 RE-OPTIMIZE TRAFFIC SIGNAL SYSTEM LEVEL 2 EACH 1 2,000.00$ 2,000.00$ $1,040.00 $1,040.00 $1,210.00 $1,210.00 1,163,558.20$ $968,928.90 $1,671,654.35 $968,928.90 $1,671,654.35BASE BID TOTAL AS READ AS CORRECTED 102 of 921 Emerson Street Traffic Signals Improvement Project, Bid 19-04, M/W/EBE Memo 04.08.2019 To: David Stoneback, Public Works Agency Director Lara Biggs, P.E. Bureau Chief – Capital Planning / City Engineer Rajeev Dahal, Senior Project Manager - Transportation From: Tammi Nunez, Purchasing Manager Subject: Emerson Street Traffic Signals Improvement Project, Bid 19-04 Date: April 8, 2019 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to the Emerson Street Traffic Signals Improvement, Bid 19-04, Hecker and Company, Inc., total base bid is $968,928.90 and they will receive 25% credit for compliance towards the M/W/EBE goal. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Lyons View Manufacturer & Supply, Inc. 5261 W. Harrison Street Chicago, IL 60644 Lighting Equipment $76,215.20 7.8% X Sumit Construction Co. 4150 W. Wrightwood Avenue Chicago, IL 60639 Construction $166,972.00 17.2% X Total M/W/EBE $243,187.20 25% CC: Hitesh Desai, Chief Financial Officer Memorandum 103 of 921 For City Council meeting of April 08, 2019 Item A6 Business of the City by Motion: Emerson Street Traffic Signals Project For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer Rajeev Dahal, Senior Project Manager - Transportation Subject: Construction Engineering Services Contract Amendment Emerson Street Traffic Signals Modernization Project (RFP 16-73) Dodge Avenue, Maple Avenue, Elgin Road and Elgin Road/Benson Avenue Date: March 12, 2019 Recommended Action: Staff recommends that City Council authorize the City Manager to execute an amendment to the existing agreement with Terra Engineering, Ltd. (225 West Ohio Street, 4th Floor Chicago, IL 60654) in the not-to-exceed amount of $103,778.00 to provide the Phase III construction services for the Emerson Street Traffic Signal Modernization Project. Funding Source: Funding will be provided from the CIP Fund 2019 General Obligation Bonds in the amount of $39,778.00 and from fees from the public benefit for the Planned Unit Development located at 1890 Maple Avenue in the amount of $64,000. A detailed summary of the funding is as follows: Fund Account Budget Contract Amount 2019 G.O. Bonds 415.40.4119.62145-417016 $ 56,000 $ 39,778.00 PUD Fees (Ord. 45-O-07) 415.40.4219.62145-417016 $ 64,000 $ 64,000.00 Total $120,000 $103,778.00 Livability Benefits: Built Environment: Enhance public spaces Health & Safety: Improve emergency prevention and response Equity & Empowerment: Ensure equitable access to community assets Memorandum 104 of 921 Background: On January 9, 2019, the City Council awarded the Emerson Street Traffic Signals Modernization Project Engineering Services Contract (RFP 16-73) to Terra Engineering. Emerson Street is an arterial street adjacent to residential and commercial areas and is under the jurisdiction of the City of Evanston. The Average Daily Traffic is estimated to be about 13,000 to 16,000 vehicles. The roadway system is multi-modal in nature with considerable pedestrian, bicycle, and transit services activity. Emerson Street is also a designated truck route. The existing traffic signal infrastructure poses maintenance challenges. The project involves signal modernization and fiber interconnection of three (3) signals at Emerson Street/Maple Avenue, Emerson Street/Elgin Road, and Elgin Road/Benson Avenue. It also involves signal modernization of one (1) signal at Emerson Street/Dodge Avenue. The project will include the replacement of outdated controllers, new mast arm poles, traffic signal equipment, installation of loop detectors and fiber optic interconnect system, LED heads, etc. per IDOT standards, as well as traffic signal emergency vehicle preemption devices. Sidewalk improvements, pedestrian countdown signals, and audible pedestrian signals are also included as part of the project to improve the safety of pedestrians. On January 9, 2017, the City Council awarded the engineering services for this project to Terra Engineering based on the review of the original Request for Proposal (RFP 16- 73). The construction plans for the project are complete and was bid by the City on February 14, 2019. Bid Proposals (Bid 19-04) were due on March 12, 2019 and the construction award is scheduled for Council approval on April 8, 2019. Analysis: The scope of the Phase III engineering services includes construction inspection for the traffic signal installations, sidewalk improvements, pavement markings and traffic control during construction. Terra Engineering will perform on-site inspection, check construction layout, maintain project records and documentation, and prepare pay estimates. Terra Engineering has experience with this scope of work and will ensure that the contractor meets the intent of the contract plans/ specifications and complete the necessary paper work as required on construction projects. To date, Terra Engineering has provided satisfactory work on this project and therefore staff recommends the award of the construction engineering services as well per RFP 16-73. Terra Engineering’s proposal to comply with the City’s M/W/EBE goals is attached. Legislative History: City Council approved the Engineering Services Contract with Terra on January 9, 2017. City Council adopted ordinance 45-O-07 on September 24, 2017. Attachments: Terra Engineering’s Proposal M/W/EBE Participation Memo 105 of 921 EMERSON STREET TRAFFIC SIGNAL REPLACEMENT Construction Management Services Firm Name: TERRA Engineering, Ltd. Subconsultants: Interra, Inc. February 5, 2019 106 of 921 Project Understanding The TERRA Team understands that this project is for a performing full-time construction inspection services for the Emerson Street Traffic Signal Improvement project in Evanston, Illinois. Project Approach The TERRA Team will perform on-site inspection, checking of construction layout, maintain all project records and documentation, prepare and submit pay estimates and change orders, and perform any other duties required to complete this project on time and in accordance with the project specifications. The Team will complete and submit final measurements, calculations and contract record documents to the City no later than six (6) weeks after completion of the punch list for the project. Preconstruction The TERRA Team believes the success of a construction project begins in the preparation. The Team will provide, at a minimum, the following services during the pre-construction phase: · Perform an in-depth plan review to highlight potential conflicts or other issues that may affect the construction phase; · Review the construction schedule, highlight the critical path activities, and compare the duration between activities and the float time with contractor equipment and manpower assigned to each activity to ensure the contractors schedule is feasible with the project's timeframe · Review construction staging; · Perform a field inspection to ensure that field conditions do not conflict with the intent of the contract documents; · Set-up project files, books and records for proper documentation; · Initiate coordination with any outside agencies and determine status of utility relocations. The project team will assemble in the field prior to the start of construction to familiarize themselves with the job site. A separate maintenance of traffic coordination meeting will be held to discuss flagman requirements, work hours, and restrictions placed on the contractor. Other discussion points will include: material certification requirements, EEO compliance, material submittals, catalog cuts, coordination of material inspections requiring field or lab testing, sign survey, measurements of removal items and implementation of the erosion control plan. Resident Engineer and inspectors will set up the documentation for the project. This includes the quantity book, the project diary, inspector’s daily report forms, appropriate tables for quantity computations, forms for documenting applicable construction engineering costs, and applicable construction inspector’s checklists. The Resident Engineer and the Project Manager will review the contractor’s schedule in depth. The Resident Engineer will perform a detailed review of the maintenance of traffic and staging 107 of 921 plans. The project team will create a record of existing, pre-construction conditions by using digital photography and digital videotaping. A copy of these records will be kept at the project site and TERRA’s main office. Construction Phase The Team will provide, at a minimum, the following services during the construction phase: · Perform monthly construction progress schedule reviews and report conclusions to the City; · Perform on-site inspection to ensure completion of the work in accordance with contract documents; · Perform on-site inspection of materials including nuclear density testing of aggregates and bituminous construction; · Prepare and submit pay estimates; · Review, prepare and submit for approval authorizations, including independent cost estimates; · Review all contractor requests for changes in construction procedures and/or materials and make appropriate recommendations; · Monitor workzone traffic control for compliance and effectiveness · Monitor erosion control for maintenance and effectiveness · Monitor affirmative action to assure that DBE participation goals are met; · Review and process submittals; · Conduct weekly progress meetings with the City, contractor and other affected agencies and prepare meeting minutes. Weekly construction team progress meetings will be held to review the progress of the work, the overall schedule, and the anticipated construction activities for the upcoming week and other issues that arise. Following each weekly construction progress meeting, the Resident Engineer will then meet with the technical staff and brief them on the upcoming work. During construction, TERRA will act as liaison between local agencies, businesses, the general public and the City to address any concerns such as access and provide updates of progress as necessary. The Team will evaluate all existing condition and proposed construction sequencing on a weekly basis to incorporate measures that will allow access to residents and businesses. Final Close Out The Team will provide, at a minimum, the following services during the final closeout phase: · Prepare and monitor the completion of the final punch list; · Conduct final inspection of contractor’s work; · Prepare “As-Built” drawings and deliver to the City; · Make final measurements of all pay items; · Provide final calculations of all pay items; 108 of 921 · Obtain all back-up documentation required for the final payment; · Prepare and submit the final payment request; · Submit all contract record documents to the City. TERRA’s team will strive to provide accurate, timely and cost-effective construction inspection services to the City while ensuring a safe work environment for all workers and the traveling public. 109 of 921 PROJECT HOURS EMERSON STREET SIGNAL MODERNIZATION PHASE III ENGINEERING February 5, 2019 1 TASK 1 – INSPECTION SERVICES Construction Oversight of Contractors Operations (60 days) 480 Hours Measurement and computation of Pay Items 80 Hours Material Testing (Subconsultant) Task 1 Total 560 Hours TASK 2 – MEETINGS Attend weekly coordination meetings with Contractor and City 80 Hours 20 meetings x 2 hours x 2 people Task 2 Total 80 Hours TASK 3 – ADMINISTRATION Prepare Daily Records 50 Hours Prepare Pay Estimates, Change Orders, Documentation, Reports 24 Hours Prepare As Built Drawings 40 Hours Administration Support 20 Hours Task 3 Total 134 Hours TASK 4 – SCAT Update Synchro analysis 8 Hours Develop Timing Plans 20 Hours Oversee signal timing implementation (2 visits) 16 Hours Update timing plans accordingly after field tweaks 8 Hours QA/QC 8 Hours Task 4 Total 60 Hours TOTAL PROJECT HOURS 834 Hours 110 of 921 PROJECT HOURS EMERSON STREET SIGNAL MODERNIZATION PHASE III ENGINEERING February 5, 2019 2 FEE 834 Hours x $106/Hour (average billing rate) = $88,400 DIRECT COSTS (Vehicles) (80 days x $65/day) $5,200 Subconsultant $10,178 TOTAL $103,778 111 of 921 DF-824-039 REV 12/04 PAYROLL ESCALATION TABLE FIXED RAISES FIRM NAME Interra, Inc.DATE 02/04/19 PRIME/SUPPLEMENT Terra Engineering 0.00 PTB NO.Emerson Street Improvements, Evanston CONTRACT TERM 4 MONTHS OVERHEAD RATE 170.29% START DATE 4/1/2019 COMPLEXITY FACTOR 0 RAISE DATE 1/1/2020 % OF RAISE 3.00% ESCALATION PER YEAR 4/1/2019 -7/31/2019 4 4 =100.00% =1.0000 The total escalation for this project would be:0.00% Bureau of Design and Environment Printed 2/4/2019 2:28 PM 112 of 921 DF-824-039 REV 12/04 PAYROLL RATES FIRM NAME Interra, Inc.DATE 02/04/19 PRIME/SUPPLEMENT Terra Engineering PSB NO.Emerson Street Improvements, Evanston ESCALATION FACTOR 0.00% CLASSIFICATION CURRENT RATE CALCULATED RATE Project Manager $63.50 $63.50 Materials Tester I and II $44.86 $44.86 Staff Engineer $29.75 $29.75 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PREPARED BY THE AGREEMENTS UNIT Printed 2/4/2019 2:28 PM 113 of 921 Subconsultants FIRM NAME Interra, Inc.DATE 02/04/19 PRIME/SUPPLEMENT Terra Engineering PSB NO.Emerson Street Improvements, Evanston NAME Direct Labor Total Contribution to Prime Consultant 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total 0.00 0.00 114 of 921 DF-824-039 REV 12/04 COST ESTIMATE OF CONSULTANT SERVICES FIRM Interra, Inc.DATE PSB Emerson Street Improvements, EvanstonOVERHEAD RATE 1.7029 PRIME/SUPPLEMENT Terra Engineering COMPLEXITY FACTOR 0 DBE OVERHEAD IN-HOUSE Outside SERVICES DROP ITEM MANHOURS PAYROLL &DIRECT FIXED Direct BY DBE TOTAL BOX FRINGE BENF COSTS FEE Costs OTHERS TOTAL (A)(B)( C )(D)(E)(F)(G)(H)(B-G) DBE Project Manager 6 381.00 648.80 140.97 1,170.77 1,170.77 DBE Material Tester II 48 2,153.28 3,666.82 1,842.00 796.71 8,458.81 8,458.81 DBE Staff Engineer 6 178.50 303.97 66.05 548.51 548.51 Subconsultant DL 0.00 TOTALS 60 2,712.78 4,619.59 1,842.00 1,003.73 0.00 0.00 10,178.10 10,178.10 COST PLUS FIXED FEE PREPARED BY THE AGREEMENTS UNIT Printed 2/4/2019 2:28 PM 115 of 921 DF-824-039 REV 12/04 AVERAGE HOURLY PROJECT RATES FIRM Interra, Inc. PSB Emerson Street Improvements, Evanston DATE 02/04/19 PRIME/SUPPLEMENT Terra Engineering SHEET 1 OF 5 PAYROLL AVG TOTAL PROJECT RATES Project Manager Material Tester II Staff Engineer HOURLY Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd CLASSIFICATION RATES Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Project Manager 63.50 6 10.00%6.35 6 100.00%63.50 Materials Tester I and II 44.86 48 80.00%35.89 48 100.00%44.86 Staff Engineer 29.75 6 10.00%2.98 6 100.00%29.75 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 60 100%$45.21 6 100.00%$63.50 48 100%$44.86 6 100%$29.75 0 0%$0.00 0 0%$0.00 PREPARED BY THE AGREEMENTS UNIT Printed 2/4/2019 2:28 PM 116 of 921 COMPANY NAME: PTB NUMBER: TODAY'S DATE: ITEM ALLOWABLE UTILIZE W.O. ONLY QUANTITY J.S. ONLY CONTRACT RATE TOTAL Per Diem (per GOVERNOR’S TRAVEL CONTROL BOARD)Up to state rate maximum $0.00 $0.00 Lodging (per GOVERNOR’S TRAVEL CONTROL BOARD)Actual cost (Up to state rate maximum)$0.00 $0.00 Air Fare Coach rate, actual cost, requires minimum two weeks' notice, with prior IDOT approval $0.00 $0.00 Vehicle Mileage (per GOVERNOR’S TRAVEL CONTROL BOARD)Up to state rate maximum $0.00 $0.00 Vehicle Owned or Leased $32.50/half day (4 hours or less) or $65/full day 6 $65.00 $390.00 Vehicle Rental Actual cost (Up to $55/day)$0.00 $0.00 Tolls Actual cost $0.00 $0.00 Parking Actual cost 0 $6.05 $0.00 Overtime Premium portion (Submit supporting documentation)0.0 $18.32 $0.00 Shift Differential Actual cost (Based on firm's policy)$0.00 $0.00 Overnight Delivery/Postage/Courier Service Actual cost (Submit supporting documentation)$0.00 $0.00 Copies of Deliverables/Mylars (In-house)Actual cost (Submit supporting documentation)$0.00 $0.00 Copies of Deliverables/Mylars (Outside)Actual cost (Submit supporting documentation)$0.00 $0.00 Project Specific Insurance Actual cost $0.00 $0.00 Monuments (Permanent)Actual cost $0.00 $0.00 Photo Processing Actual cost $0.00 $0.00 2-Way Radio (Survey or Phase III Only)Actual cost $0.00 $0.00 Telephone Usage (Traffic System Monitoring Only)Actual cost $0.00 $0.00 CADD Actual cost (Max $15/hour)$0.00 $0.00 Web Site Actual cost (Submit supporting documentation)$0.00 $0.00 Advertisements Actual cost (Submit supporting documentation)$0.00 $0.00 Public Meeting Facility Rental Actual cost (Submit supporting documentation)$0.00 $0.00 Public Meeting Exhibits/Renderings & Equipment Actual cost (Submit supporting documentation)$0.00 $0.00 Recording Fees Actual cost $0.00 $0.00 Transcriptions (specific to project)Actual cost $0.00 $0.00 Storm Sewer Cleaning and Televising Actual cost (Requires 2-3 quotes with IDOT approval)$0.00 $0.00 Traffic Control and Protection Actual cost (Requires 2-3 quotes with IDOT approval)$0.00 $0.00 Aerial Photography and Mapping Actual cost (Requires 2-3 quotes with IDOT approval)$0.00 $0.00 Utility Exploratory Trenching Actual cost (Requires 2-3 quotes with IDOT approval)$0.00 $0.00 Testing of Soil Samples*Actual cost $0.00 $0.00 Lab Services*Actual cost (Provide breakdown of each cost)$0.00 $0.00 Modified Proctor Tests 0 $220.00 $0.00 Standard Proctor Tests 0 $190.00 $0.00 Organic Content 0 $150.00 $0.00 Sieve Analysis with Hydrometer Tests 0 $190.00 $0.00 Atterberg Limits 0 $140.00 $0.00 PGE Gradation 0 $385.00 $0.00 Compressive Strength of Concrete Cylinders 16 $32.00 $512.00 Wash Gradation 1 $170.00 $170.00 HMA Air Voids (Avg of 2 Gmm & 2 Gmb)1 $480.00 $480.00 Core Density 0 $74.00 $0.00 Reflux Extraction & Gradation 1 $290.00 $290.00 Ignition Burn & Gradation 0 $265.00 $0.00 Mobilization of Core Rig $267.50 $0.00 Core Rig Rental $100.00 $0.00 Unconfined Compressive Strength of soils 0 $75.00 $0.00 Moisture Content $12.00 $0.00 $0.00 $0.00 TOTAL DIRECT COST $1,842.00 Interra, Inc. Emerson Street, Evanston 2/4/2019 Direct Costs Check Sheet PRINTED 2/4/2019 BDE 436 (Rev. 09/30/13)117 of 921 *Experience prior to joining TERRA Engineering, Ltd. www.terraengineering.com Chicago | Peoria | Milwaukee | St. Louis | Oak Park DAVID LANDEWEER, PE, ENV SP Senior Project Manager EDUCATION Bachelor of Science in Civil Engineering, Valparaiso University, Valparaiso, IN, 1980 LICENSES / CERTIFICATES Professional Engineer, IL – 1985 – 062-042363 PROFESSIONAL EXPERIENCE 4 years with TERRA 36 years prior to TERRA PROFESSIONAL AFFILIATIONS Member, Board of Local Improvements, Village of Arlington Heights Illinois Association of Highway Engineers Board Member, Trails for Illinois Mr. Landeweer is responsible for the preparation of engineering plans and specifications, project reports and other work related to transportation design and site development work. His experience includes all aspects of civil engineering such as horizontal and vertical geometry, maintenance of traffic, drainage, traffic signal/interconnect design, and street lighting design. He has an extensive knowledge of the AASHTO Policy on Geometric Design, the AASHTO Guide for the Development of Bicycle Facilities, and the Manual on Uniform Traffic Control Devices as well as other state and local design manuals. EMERSON ST TRAFFIC SIGNAL MODERNIZATION / Evanston, Illinois / Project Manager / Project Manager for the preparation of Phase II Plans, Specifications and Estimates for the modernization of four traffic signals on Emerson Street for the City of Evanston. The four signals to be modernized are at Dodge Avenue, Maple Avenue, Elgin Road, and the intersection of Elgin Road with Benson Avenue. The modernization will include new ADA ramps, improved pedestrian actuation, vehicle actuation, a signal interconnect, the addition of separate turn lanes with separate signal phases and other improvements ass ociated with the signal improvements. A traffic analysis was prepared using Synchro to determine the Levels of Service at the intersections and to determine the appropriate phasing and timing . WASHINGTON & WISCONSIN SIGNAL INSTALLATION / Oak Park, Illinois / Project Engineer / Project Manager for the preparation of Phase II Plans, Specifications, and Estimates for the installation of a new traffic signal at the intersection of Washington Boulevard and Wisconsin Avenue for the Village of Oak Park. The existing intersection consisted of a two-way stop-controlled intersection on Wisconsin Avenue. Signal warrants were prepared that showed a traffic signal was warranted at this location. Work included preparation of the signal plan, cable plan, design of ADA ramps, signing and pavement markings. With Washington Boulevard being an IDOT route, the project was permitted through the IDOT Bureau of Programming. As part of the approval process an Intersection Design Study was prepared with left turn lane storage and taper lengths calculated. Due to the presence of a high demand for on-street parking, a Design Exception was submitted that justified the reduced lengths for the project. Additionally, an Auto-Turn analysis was performed to provide for minimum radii based on the proposed Design Vehicle. HAWK SIGNAL INSTALLATION / Oak Park, Illinois / Project Manager / Project Manager for the preparation of Phase II Plans, Specifications, and Estimates for the installation of a Modified High Intensity Activated Crosswalk (HAWK) signal for both pedestrian and bicycle crossings of Chicago Avenue at the intersection of Harvey Avenue for the Village of Oak Park. This intersection is a designated safe route to school crossing and on the Village’s proposed Neighborhood Greenway Network which is a bicycle boulevard network. The HAWK signal provides for both passive and actuated detection of bicyclists that would n ot require cyclists to dismount to activate the signal. The work included preparation of the signal plan, cable plan, design of ADA ramps, signing and pavement markings. US 45 (LAGRANGE ROAD) PROJECT* / Orland Park, Illinois / Project Manager / Project Manager for the preparation of Phase II contract plans and specifications for the reconstruction and the inclusion of additional lanes to almost 6 miles of US 45 (LaGrange Road) for the Illinois Department of Transportation. The proposed US 45 road way cross section consists of three through lanes in each direction with a continuous landscaped barrier median. The work included new drainage design, lighting design and photometric calculations, traffic signal design, traffic staging, permitting, quanti ty calculations and additional Phase I work such as a new Intersection Design Study with accompanying plan changes. The work also included extensive coordination with the Village of Orland Park which was preparing landscaping and site amenity plans for the corridor. From Notice to Proceed to submittal of the final plans, contract plans were completed for the five separate construction contracts in less than seven months. 118 of 921 www.TerraEngineering.com Chicago / Peoria / Milwaukee / St. Louis / Oak Park SAMUEL GRIMES Construction Engineer EDUCATION Bachelor of Science in Civil Engineering, The University of Iowa, 2011 LICENSES / CERTIFICATES Certificate of Proficiency, IDOT Documentation of Contract Quantities (Certification #19-15251; Certificate of Completion of IDOT Erosion & Sediment Control Workshop Modules I & III PROFESSIONAL EXPERIENCE 5 Years with TERRA PROFESSIONAL AFFILIATIONS UIOWA Alumni Association SOFTWARE EXPERTISE e-Builder Enterprise & FieldSys for the ISTHA; IDOT ICORS & MISTIC; MicroStation; GEOPAK Civil Engineering Suite; Microsoft Office Suite; ProjectWise; Ruby on Rails; Autodesk Robot; AutoCAD; Mathematica; MATLAB; HEC-RAS; GIS; ANSYS for structures Mr. Grimes is a Construction Inspector with over four years of experience in key roles covering project scheduling, inspection, documentation, pay estimates and change orders, materials testing management, and coordination with the Illinois Tollway, Illinois Department of Transportation, and various local agencies in northeastern Illinois. Experience with web- based project management tools include e-Builder, ICORS, and I-MIRS. He has served as the main point of contact for contractors and owners to ensure projects are constructed in compliance with plans and specifications. Recent responsibilities have involved prominent roles in Illinois Tollway task order contracts, and local agency projects involving IDOT. CAL-SAG GREENWAY TRAIL, RIVERDALE SEGMENT / Cook County, Illinois / Construction Engineer / Construction Engineer covering services for the Village of Riverdale, Forest Preserves of Cook County, and the Illinois Department of Transportation to construct a combined pedestrian and bike asphalt trail starting in the Whistler Woods Forest Preserve at Halsted St and 134th St, then traveling east partially on-street along 138th St., and ending near Indiana Ave. This project is a 2.1-mile segment of the 26-mile Friends of the Cal-Sag Trail project was completed on schedule and within the construction cost budget. CAL-SAG GREENWAY TRAIL, BLUE ISLAND EAST SEGMENT / Cook County, Illinois / Construction Engineer / Construction Engineering covering services for the City of Blue Island, Forest Preserves of Cook County, and the Illinois Department of Transportation to construct a combined pedestrian and bike asphalt trail through the Whistler Woods Forest Preserve, adjacent to Joe Louis Golf Course, from Ashland Ave to Halsted St. Project included a 310-foot, three-span pedestrian bridge over the Little Calumet River, with clearance for major water traffic. This project is a 1.3-mile segment of the 26-mile Friends of the Cal-Sag Trail was completed on schedule and within the construction cost budget. VILLAGE OF OAK PARK HARRISON STREET ARTS DISTRICT LIGHTING IMPROVEMENTS / Cook County, Illinois / Construction Engineer / Construction inspection services for replacing existing street and pedestrian lighting and associated infrastructure with combined street and pedestrian ornamental lighting units from Austin Blvd to Ridgeland Ave, in the Village of Oak Park’s Harrison St. Arts’ District. Additional responsibilities included community outreach, coordination, and communication to minimize construction impact to local businesses and residents. ILLINOIS STATE TOLL HIGHWAY AUTHORITY / Construction Management Services, RR-14-5704 Task Order 5, Systemwide Bridge Repairs on I-88 and I-355 / Construction Inspector / Construction inspection services to perform maintenance of existing bridge structures, including partial- and full-depth bridge deck repairs, beam-end repairs to protect exposed reinforcement, shim bearing plates for structural beams, and expansion joint replacement. Project included trial application of epoxy and flint -chip bridge deck overlay to increase the lifespan of continuously reinforced concrete bridge decks. ILLINOIS STATE TOLL HIGHWAY AUTHORITY / Construction Management Services, RR-14-5704 Task Order 1, I-88 Lighting Upgrades / Construction Inspector / Construction inspection services to retrofit LED luminaires for light poles and upgrade and reconstruct various existing lighting controller cabinets and services along I-88 from IL 56 to York Road. Project included reconstructing a 120-foot span truss over IL 31 entrance and exit ramps. ILLINOIS STATE TOLL HIGHWAY AUTHORITY / Construction Management Services, RR-14-5704 Task Order 4, I-355 Southbound Roadway Widening at 75th Street / Construction Inspector / Construction inspection services for the Illinois Tollway to construct a fourth, outside lane along the southbound Veterans Memorial Tollway (I -355), from north of 63rd Street to south of 75th Street. Project includes updating the storm sewer system for increased roadway storm water runoff, reconstructing the roadway lighting and associated lighting infrastructure, reconstructing a 90-foot overhead sign truss and reconstruction of exit and entrance ramps to accommodate the added lane. 119 of 921 Emerson Street Traffic Signals Modernization Project (Phase III), RFP 16-73, M/W/EBE Memo 04.08.2019 To: David Stoneback, Public Works Agency Director Lara Biggs, P.E. Bureau Chief – Capital Planning / City Engineer Rajeev Dahal, Senior Project Manager - Transportation From: Tammi Nunez, Purchasing Manager Subject: Emerson Street Traffic Signals Modernization Project (Phase III) RFP 16-73 Date: April 8, 2019 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to the Emerson Street Traffic Signals Modernization Project, RFP 16-73, Terra Engineering Ltd., total base bid is $103,778.00 and they will receive 90% credit for compliance towards the M/W/EBE goal. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Interra, Inc. 600 Territorial Drive, Suite G Bolingbrook, IL 60440 Consultant $10,178.00 10% X Terra Engineering Ltd 225 West Ohio Street Chicago, IL 60654 Engineering $93,600.00 90% X Total M/W/EBE $103,778.00 100% CC: Hitesh Desai, Chief Financial Officer Memorandum 120 of 921 For City Council meeting of April 08, 2019 Item A7 Business of the City by Motion: Main Street Corridor Improvement Project For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer Rajeev Dahal, Senior Project Manager - Transportation Subject: Approval of Contract Main Street Corridor Improvement Project (Bid No. 19-05) West City Limits to Hartrey Avenue Date: March 21, 2019 Recommended Action: Staff recommends City Council authorize the City Manager to execute a contract for the Main Street Corridor Improvement Project (Bid No. 19-05) with Landmark Contractors, Inc. (11916 W. Main St., Huntley, IL 60142) in the amount of $2,062,822.08. Funding Source: Funding will be provided from the CIP Fund 2018 General Obligation Bonds in the amount of $900,000; the 2019 General Obligation Bonds in the amount of $1,062,822.08 and the Sewer Fund in the amount of $100,000. A detailed summary of the funding is as follows: Fund Account Remaining Budget Contract Amount 2018 CIP Fund (GO Bonds) 415.40.4119.65515 – 416535 $900,000 $ 900,000.00 2019 CIP Fund (GO Bonds) 415.40.4119.65515 – 416535 $900,000 $ 900,000.00 2019 CIP Fund (GO Bonds) (other project savings) 415.40.4119.65515 - 416535 $164,000 $ 162,822.08 Sewer Fund 515.40.4535.62461 – 416535 $100,000 $ 100,000.00 Total $2,064,000 $2,062,822.08 Additional funding is available because of savings on the Emerson Street Traffic Signal Improvements project. Kap-Sum Properties will reimburse the City up to $25,000 for sidewalk improvements following the completion of construction. Memorandum 121 of 921 Livability Benefits: Built Environment: Enhance public spaces Health & Safety: Improve emergency prevention and response Equity & Empowerment: Ensure equitable access to community assets Background Information: The project consists of the installation of a coordinated traffic signal system including the traffic signal modernization of an existing signalized intersection at McDaniel Avenue and a new traffic signal at the easternmost driveway, by the Food 4 Less area, for both pedestrian and vehicle operation and safety. The project also consists of the reconstruction of the eastbound Main Street pavement, profile grade line adjustments, roadway cross slopes corrections, driveway entrances reconstruction to address ADA access compliance and steep grade issues. Other improvements include extending the sidewalk on the south side of the street from the shopping center to Hartrey Avenue, installing new LED street lights, tree removal and replacements, storm sewer extensions, resurfacing the roadway and improved lane lines and pavement markings. Analysis: This bid was advertised on Demandstar and in the Pioneer Press on February 21, 2019, A non-mandatory pre-bid meeting was held on March 5, 2019. Bids for the project were received and publicly read on March 19, 2019. Four contractors submitted bids for this project as follows. Contractor Address Bolder Contractors, Inc. 316 Cary Point Drive, Cary, IL 60013 Landmark Contractors, Inc. 11916 W. Main St., Huntley, IL 60142 Capitol Cement Company, Inc. 6231 N. Pulaski Rd., Chicago, IL 60646 Sumit Construction Co., Inc. 4150 W. Wrightwood Ave., Chicago, IL 60639 The submitted bids cannot be withdrawn or canceled for a period of sixty (60) calendar days following the bid opening. The bids were reviewed by Rajeev Dahal, Senior Project Manager. Attached is the bid tabulation showing the detailed bid results. A summary of the bid pricing received was as follows: Contractor Total Bid Price Landmark Contractors, Inc. $2,062,822.08 Capitol Cement Company, Inc. $2,096,470.65 Sumit Construction Co., Inc. $2,362,053.76 Bolder Contractors, Inc. $2,678,511.50 Landmark, Inc. has previously completed projects for the City, and staff has found their work to be satisfactory. Therefore, staff recommends that the contract be awarded to Landmark Contractors, Inc. for a total amount of $2,062,822.08. 122 of 921 The bid proposal indicated intent to meet the City’s M/W/EBE program goal and comply with the Local Employment Program. A memo reviewing compliance with the City’s M/W/EBE program goals is attached. Legislative History: The City Council Approved Design Engineering Services Contracts on August 15, 2016 and on January 9, 2017 The City Council approved temporary construction easement agreements Resolutions 1-R-19 and 5-R-19 on January 14, 2019 Attachments: Bid Tabulation M/W/EBE Participation Memo 123 of 921 DATE: 3/19/19TIME: 2:00 P.M.ATTENDED BY: RDItem No.ItemsUnit Quantity Unit Price CostUNIT PRICETOTALUNIT PRICETOTALUNIT PRICETOTALUNIT PRICETOTAL1 TREE REMOVAL (6 TO 15 UNITS DIAMETER)UNIT 5410.00$ 540.00$ $40.00 2,160.00$ $21.00 1,134.00$ $15.00810.00$ $30.00 1,620.00$ 2 TREE REMOVAL (OVER 15 UNITS DIAMETER)UNIT 14315.00$ 2,145.00$ $50.00 7,150.00$ $29.00 4,147.00$ $35.00 5,005.00$ $40.00 5,720.00$ 3 TEMPORARY FENCEFOOT 1,0805.00$ 5,400.00$ $2.00 2,160.00$ $3.00 3,240.00$ $5.50 5,940.00$ $6.00 6,480.00$ 4 TREE TRUNK PROTECTIONEACH 36 110.00$ 3,960.00$ $100.00 3,600.00$ $115.00 4,140.00$ $200.00 7,200.00$ $70.00 2,520.00$ 5 TREE ROOT PRUNINGEACH 36 500.00$ 18,000.00$ $100.00 3,600.00$ $80.00 2,880.00$ $80.00 2,880.00$ $125.00 4,500.00$ 6 TREE PRUNING (1 TO 10 INCH DIAMETER)EACH 4200.00$ 800.00$ $100.00400.00$ $40.00160.00$ $40.00160.00$ $158.00 632.00$ 7 TREE PRUNING (OVER 10 INCH DIAMETER)EACH 13 350.00$ 4,550.00$ $200.00 2,600.00$ $50.00650.00$ $120.00 1,560.00$ $175.00 2,275.00$ 8 EARTH EXCAVATIONCU YD 1,700 25.00$ 42,500.00$ $50.00 85,000.00$ $40.00 68,000.00$ $67.00 113,900.00$ $59.85 101,745.00$ 9 REMOVAL AND DISPOSAL OF UNSUITABLE MATERIALCU YD 40035.00$ 14,000.00$ $50.00 20,000.00$ $40.00 16,000.00$ $71.60 28,640.00$ $68.25 27,300.00$ 10 TRENCH BACKFILLCU YD 5042.00$ 2,100.00$ $60.00 3,000.00$ $35.00 1,750.00$ $58.00 2,900.00$ $40.95 2,047.50$ 11 GEOTECHNICAL FABRIC FOR GROUND STABILIZATIONSQ YD 4,9503.00$ 14,850.00$ $1.00 4,950.00$ $2.00 9,900.00$ $1.25 6,187.50$ $3.10 15,345.00$ 12 TOPSOIL FURNISH AND PLACE, 4"SQ YD 3,0005.00$ 15,000.00$ $4.00 12,000.00$ $5.75 17,250.00$ $7.65 22,950.00$ $6.25 18,750.00$ 13 SODDING, SALT TOLERANTSQ YD 3,0007.00$ 21,000.00$ $10.00 30,000.00$ $13.00 39,000.00$ $15.60 46,800.00$ $14.00 42,000.00$ 14 SUPPLEMENTAL WATERINGUNIT 10025.00$ 2,500.00$ $1.00100.00$ $20.00 2,000.00$ $48.00 4,800.00$ $100.00 10,000.00$ 15 TEMPORARY EROSION CONTROL SEEDINGPOUND 622.00$ 124.00$ $15.00930.00$ $5.00310.00$ $6.00372.00$ $3.00 186.00$ 16 PERIMETER EROSION BARRIERFOOT 5703.00$ 1,710.00$ $5.00 2,850.00$ $6.00 3,420.00$ $3.30 1,881.00$ $2.75 1,567.50$ 17 INLET FILTERSEACH 27 180.00$ 4,860.00$ $150.00 4,050.00$ $75.00 2,025.00$ $148.00 3,996.00$ $195.00 5,265.00$ 18 TEMPORARY EROSION CONTROL BLANKETSQ YD 6502.00$ 1,300.00$ $1.00650.00$ $4.00 2,600.00$ $1.40910.00$ $2.75 1,787.50$ 19 AGGREGATE SUBGRADE IMPROVEMENT 12"SQ YD 4,700 22.00$ 103,400.00$ $22.00 103,400.00$ $20.00 94,000.00$ $22.75 106,925.00$ $14.00 65,800.00$ 20 SUBBASE GRANULAR MATERIAL, TYPE B 4"SQ YD 2,094 15.00$ 31,410.00$ $11.00 23,034.00$ $5.00 10,470.00$ $8.60 18,008.40$ $6.50 13,611.00$ 21 AGGREGATE BASE COURSE, TYPE BCU YD 20060.00$ 12,000.00$ $50.00 10,000.00$ $45.00 9,000.00$ $75.25 15,050.00$ $50.40 10,080.00$ 22 HIGH-EARLY-STRENGTH PORTLAND CEMENT CONCRETE BASE COURSE 8" SQ YD 2,500 75.00$ 187,500.00$ $95.00 237,500.00$ $65.00 162,500.00$ $59.90 149,750.00$ $82.00 205,000.00$ 23 BITUMINOUS MATERIALS (PRIME COAT)POUND 7000.25$ 175.00$ $0.017.00$ $3.00 2,100.00$ $0.50350.00$ $2.63 1,837.50$ 24 BITUMINOUS MATERIALS (TACK COAT)POUND 5,3000.25$ 1,325.00$ $0.0153.00$ $0.0153.00$ $0.50 2,650.00$ $0.0155.65$ 25 HOT-MIX ASPHALT SURFACE REMOVAL - BUTT JOINTSQ YD 15010.00$ 1,500.00$ $20.00 3,000.00$ $52.50 7,875.00$ $10.00 1,500.00$ $26.25 3,937.50$ 26 HOT-MIX ASPHALT BINDER COURSE, IL-19.0, N70TON 1,100 75.00$ 82,500.00$ $88.00 96,800.00$ $90.17 99,187.00$ $79.00 86,900.00$ $96.86 106,548.75$ 27 HOT-MIX ASPHALT SURFACE COURSE, MIX "D", N70TON 65095.00$ 61,750.00$ $95.00 61,750.00$ $104.41 67,866.50$ $92.00 59,800.00$ $101.33 65,861.25$ 28 LEVELING BINDER (MACHINE METHOD), N70TON 15095.00$ 14,250.00$ $95.00 14,250.00$ $102.97 15,445.50$ $110.00 16,500.00$ $89.25 13,387.50$ 29HOT-MIX ASPHALT PAVEMENT (FULL-DEPTH), 10"SQ YD 1,150 100.00$ 115,000.00$ $95.00 109,250.00$ $56.25 64,687.50$ $53.00 60,950.00$ $75.60 86,940.00$ 30 PROTECTIVE COATSQ YD 5002.50$ 1,250.00$ $1.00500.00$ $1.00500.00$ $3.00 1,500.00$ $3.00 1,500.00$ 31 PORTLAND CEMENT CONCRETE SIDEWALK 5 INCHSQ FT 10,4007.00$ 72,800.00$ $9.00 93,600.00$ $6.00 62,400.00$ $6.35 66,040.00$ $6.75 70,200.00$ 32 DETECTABLE WARNINGSSQ FT 40035.00$ 14,000.00$ $45.00 18,000.00$ $50.00 20,000.00$ $22.00 8,800.00$ $36.00 14,400.00$ 33 PAVEMENT REMOVALSQ YD 2,950 16.00$ 47,200.00$ $22.00 64,900.00$ $23.00 67,850.00$ $13.25 39,087.50$ $23.26 68,609.63$ 34 DRIVEWAY PAVEMENT REMOVALSQ YD 2,110 15.00$ 31,650.00$ $16.00 33,760.00$ $12.00 25,320.00$ $12.60 26,586.00$ $17.85 37,663.50$ 35 CURB REMOVALFOOT 2005.00$ 1,000.00$ $9.00 1,800.00$ $4.00800.00$ $11.70 2,340.00$ $6.83 1,365.00$ 36 COMBINATION CURB AND GUTTER REMOVALFOOT 4,6007.00$ 32,200.00$ $9.00 41,400.00$ $3.00 13,800.00$ $6.60 30,360.00$ $7.35 33,810.00$ 37 SIDEWALK REMOVALSQ FT 8,1003.00$ 24,300.00$ $2.00 16,200.00$ $2.00 16,200.00$ $1.35 10,935.00$ $2.10 17,010.00$ 38 HOT-MIX ASPHALT REMOVAL OVER PATCHES, 4"SQ YD 8510.00$ 850.00$ $30.00 2,550.00$ $19.69 1,673.65$ $48.00 4,080.00$ $26.25 2,231.25$ 39 MEDIAN REMOVALSQ FT 1603.00$ 480.00$ $20.00 3,200.00$ $5.00800.00$ $7.05 1,128.00$ $3.15 504.00$ 40 HOT-MIX ASPHALT REPLACEMENT OVER PATCHESTON 20 135.00$ 2,700.00$ $50.00 1,000.00$ $151.90 3,038.00$ $150.00 3,000.00$ $165.90 3,318.00$ 41 CLASS C PATCHES, TYPE I, 8 INCHSQ YD 10 100.00$ 1,000.00$ $200.00 2,000.00$ $75.00750.00$ $88.50885.00$ $60.00 600.00$ Sumit Construction Co., Inc.4150 W. Wrightwood AvenueChicago, IL 60639NAME AND ADDRESS OF BIDDERSCary, IL 60013 Huntley, IL 60142Capitol Cement Co.. Inc.6231 North Pulaski RoadCITY OF EVANSTONTABULATION OF BIDS FOR Main Street Corridor Improvements 2019Chicago, IL 60646Landmark Contractors, Inc.11916 W. Main StreetAPPROVED ENGINEER'S ESTIMATEBolder Contractors316 Cary Point Drive124 of 921 DATE: 3/19/19TIME: 2:00 P.M.ATTENDED BY: RDItem No.ItemsUnit Quantity Unit Price CostUNIT PRICETOTALUNIT PRICETOTALUNIT PRICETOTALUNIT PRICETOTALSumit Construction Co., Inc.4150 W. Wrightwood AvenueChicago, IL 60639NAME AND ADDRESS OF BIDDERSCary, IL 60013 Huntley, IL 60142Capitol Cement Co.. Inc.6231 North Pulaski RoadCITY OF EVANSTONTABULATION OF BIDS FOR Main Street Corridor Improvements 2019Chicago, IL 60646Landmark Contractors, Inc.11916 W. Main StreetAPPROVED ENGINEER'S ESTIMATEBolder Contractors316 Cary Point Drive42 CLASS C PATCHES, TYPE II, 8 INCHSQ YD 25 100.00$ 2,500.00$ $200.00 5,000.00$ $75.00 1,875.00$ $76.85 1,921.25$ $60.00 1,500.00$ 43 CLASS C PATCHES, TYPE III, 8 INCHSQ YD 50 100.00$ 5,000.00$ $200.00 10,000.00$ $75.00 3,750.00$ $72.75 3,637.50$ $60.00 3,000.00$ 44 CLASS D PATCHES, TYPE I, 10 INCHSQ YD 1050.00$ 500.00$ $220.00 2,200.00$ $120.00 1,200.00$ $125.00 1,250.00$ $90.00 900.00$ 45 CLASS D PATCHES, TYPE II, 10 INCHSQ YD 2550.00$ 1,250.00$ $220.00 5,500.00$ $120.00 3,000.00$ $125.00 3,125.00$ $90.00 2,250.00$ 46 CLASS D PATCHES, TYPE III, 10 INCHSQ YD 5050.00$ 2,500.00$ $220.00 11,000.00$ $120.00 6,000.00$ $115.00 5,750.00$ $90.00 4,500.00$ 47 INLETS, TYPE A, TYPE 1 FRAME, OPEN LIDEACH 6 1,200.00$ 7,200.00$ $3,000.00 18,000.00$ $2,750.00 16,500.00$ $1,890.00 11,340.00$ $1,365.00 8,190.00$ 48 CATCH BASINS TO BE ADJUSTEDEACH 16 500.00$ 8,000.00$ $600.00 9,600.00$ $750.00 12,000.00$ $175.00 2,800.00$ $425.00 6,800.00$ 49 CATCH BASINS TO BE ADJUSTED WITH NEW TYPE 1 FRAME, CLOSED LID EACH 2850.00$ 1,700.00$ $900.00 1,800.00$ $1,050.00 2,100.00$ $468.55937.10$ $775.00 1,550.00$ 50 MANHOLES TO BE ADJUSTEDEACH 17 500.00$ 8,500.00$ $600.00 10,200.00$ $750.00 12,750.00$ $605.00 10,285.00$ $475.00 8,075.00$ 51 VALVE BOXES TO BE ADJUSTEDEACH 24 270.00$ 6,480.00$ $400.00 9,600.00$ $250.00 6,000.00$ $200.00 4,800.00$ $325.00 7,800.00$ 52 CONCRETE CURB, TYPE BFOOT 5030.00$ 1,500.00$ $35.00 1,750.00$ $32.00 1,600.00$ $38.00 1,900.00$ $22.00 1,100.00$ 53 COMBINATION CONCRETE CURB AND GUTTER, TYPE B-6.12FOOT 3,520 25.00$ 88,000.00$ $35.00 123,200.00$ $32.00 112,640.00$ $24.55 86,416.00$ $30.00 105,600.00$ 54 CONCRETE MEDIAN SURFACE, 4 INCHSQ FT 10010.00$ 1,000.00$ $20.00 2,000.00$ $7.00700.00$ $5.40540.00$ $5.50 550.00$ 55 ENGINEER'S FIELD OFFICE, TYPE BCAL MO 8 2,500.00$ 20,000.00$ $2,000.00 16,000.00$ $1,500.00 12,000.00$ $1,780.00 14,240.00$ $2,200.00 17,600.00$ 56 MOBILIZATIONL SUM 1 100,000.00$ 100,000.00$ $150,000.00 150,000.00$ $100,000.00 100,000.00$ $43,500.00 43,500.00$ $60,000.00 60,000.00$ 57 SHORT TERM PAVEMENT MARKINGFOOT 3,3000.50$ 1,650.00$ $1.00 3,300.00$ $1.25 4,125.00$ $1.50 4,950.00$ $1.71 5,647.95$ 58 SHORT TERM PAVEMENT MARKING REMOVALSQ FT 3,3000.50$ 1,650.00$ $1.00 3,300.00$ $0.25825.00$ $1.50 4,950.00$ $0.53 1,732.50$ 59 TEMPORARY PAVEMENT MARKING LETTERS AND SYMBOLSSQ FT 6001.00$ 600.00$ $3.00 1,800.00$ $2.80 1,680.00$ $1.50900.00$ $1.58 945.00$ 60 TEMPORARY PAVEMENT MARKING - LINE 4"FOOT 20,3000.25$ 5,075.00$ $0.50 10,150.00$ $0.90 18,270.00$ $0.25 5,075.00$ $0.40 8,099.70$ 61 TEMPORARY PAVEMENT MARKING - LINE 6"FOOT 9500.30$ 285.00$ $1.00950.00$ $1.45 1,377.50$ $1.00950.00$ $0.53 498.75$ 62 TEMPORARY PAVEMENT MARKING - LINE 12"FOOT 9000.50$ 450.00$ $3.00 2,700.00$ $2.70 2,430.00$ $0.70630.00$ $1.05 945.00$ 63 TEMPORARY PAVEMENT MARKING - LINE 24"FOOT 2400.75$ 180.00$ $6.00 1,440.00$ $6.00 1,440.00$ $1.50360.00$ $2.10 504.00$ 64 SIGN PANEL - TYPE 1SQ FT 6030.00$ 1,800.00$ $30.00 1,800.00$ $25.00 1,500.00$ $20.00 1,200.00$ $37.80 2,268.00$ 65 METAL POST - TYPE AFOOT 30020.00$ 6,000.00$ $15.00 4,500.00$ $12.00 3,600.00$ $10.00 3,000.00$ $9.45 2,835.00$ 66 THERMOPLASTIC PAVEMENT MARKING - LETTERS AND SYMBOLSSQ FT 3643.50$ 1,274.00$ $4.00 1,456.00$ $4.40 1,601.60$ $4.40 1,601.60$ $4.78 1,739.01$ 67 THERMOPLASTIC PAVEMENT MARKING - LINE 4"FOOT 3,8000.75$ 2,850.00$ $1.00 3,800.00$ $0.89 3,382.00$ $0.89 3,382.00$ $1.43 5,426.40$ 68 THERMOPLASTIC PAVEMENT MARKING - LINE 6"FOOT 8301.00$ 830.00$ $2.00 1,660.00$ $1.24 1,029.20$ $1.24 1,029.20$ $2.30 1,908.59$ 69 THERMOPLASTIC PAVEMENT MARKING - LINE 8"FOOT 9001.25$ 1,125.00$ $2.00 1,800.00$ $1.84 1,656.00$ $1.84 1,656.00$ $3.07 2,759.40$ 70 THERMOPLASTIC PAVEMENT MARKING - LINE 12"FOOT 9251.50$ 1,387.50$ $3.00 2,775.00$ $2.15 1,988.75$ $2.15 1,988.75$ $4.60 4,254.08$ 71 THERMOPLASTIC PAVEMENT MARKING - LINE 24"FOOT 1504.00$ 600.00$ $6.00900.00$ $4.40660.00$ $4.40660.00$ $9.20 1,379.70$ 72 PAINT PAVEMENT MARKING - LINE 12"FOOT 1751.50$ 262.50$ $12.00 2,100.00$ $2.95516.25$ $2.95516.25$ $4.18 731.33$ 73 PREFORMED PLASTIC PAVEMENT MARKING, TYPE B - LINE 8"FOOT 1752.00$ 350.00$ $16.00 2,800.00$ $8.20 1,435.00$ $8.20 1,435.00$ $23.57 4,125.19$ 74 SERVICE INSTALLATION - POLE MOUNTEDEACH 2 2,500.00$ 5,000.00$ $1,350.00 2,700.00$ $1,628.00 3,256.00$ $1,250.00 2,500.00$ $1,375.50 2,751.00$ 75 UNDERGROUND CONDUIT, GALVANIZED STEEL, 2" DIA.FOOT 1,380 20.00$ 27,600.00$ $19.00 26,220.00$ $18.40 25,392.00$ $16.00 22,080.00$ $23.10 31,878.00$ 76 UNDERGROUND CONDUIT, GALVANIZED STEEL, 3" DIA.FOOT 1,120 30.00$ 33,600.00$ $33.00 36,960.00$ $35.40 39,648.00$ $31.00 34,720.00$ $39.90 44,688.00$ 77 UNDERGROUND CONDUIT, GALVANIZED STEEL, 4" DIA.FOOT 51045.00$ 22,950.00$ $37.00 18,870.00$ $43.90 22,389.00$ $35.00 17,850.00$ $42.00 21,420.00$ 78 HANDHOLEEACH 11 1,400.00$ 15,400.00$ $1,800.00 19,800.00$ $1,455.00 16,005.00$ $1,750.00 19,250.00$ $1,596.00 17,556.00$ 79 HEAVY-DUTY HANDHOLEEACH 2 2,000.00$ 4,000.00$ $2,100.00 4,200.00$ $1,853.00 3,706.00$ $2,100.00 4,200.00$ $2,425.50 4,851.00$ 80 DOUBLE HANDHOLEEACH 2 2,400.00$ 4,800.00$ $2,600.00 5,200.00$ $2,480.00 4,960.00$ $2,600.00 5,200.00$ $3,381.00 6,762.00$ 81UNIT DUCT, 600V, 2-1C NO.6, 1/C NO.6 GROUND, (XLP-TYPE USE), 1" DIA. POLYETHYLENEFOOT 3,150 17.00$ 53,550.00$ $11.00 34,650.00$ $12.60 39,690.00$ $9.00 28,350.00$ $15.23 47,958.75$ 82 LIGHT POLE FOUNDATION, 24" DIAMETERFOOT 135 200.00$ 27,000.00$ $210.00 28,350.00$ $282.50 38,137.50$ $210.00 28,350.00$ $231.00 31,185.00$ 125 of 921 DATE: 3/19/19TIME: 2:00 P.M.ATTENDED BY: RDItem No.ItemsUnit Quantity Unit Price CostUNIT PRICETOTALUNIT PRICETOTALUNIT PRICETOTALUNIT PRICETOTALSumit Construction Co., Inc.4150 W. Wrightwood AvenueChicago, IL 60639NAME AND ADDRESS OF BIDDERSCary, IL 60013 Huntley, IL 60142Capitol Cement Co.. Inc.6231 North Pulaski RoadCITY OF EVANSTONTABULATION OF BIDS FOR Main Street Corridor Improvements 2019Chicago, IL 60646Landmark Contractors, Inc.11916 W. Main StreetAPPROVED ENGINEER'S ESTIMATEBolder Contractors316 Cary Point Drive83 REMOVAL OF LIGHTING UNIT, SALVAGEEACH 19 450.00$ 8,550.00$ $800.00 15,200.00$ $440.00 8,360.00$ $800.00 15,200.00$ $479.85 9,117.15$ 84 REMOVAL OF POLE FOUNDATIONEACH 19 750.00$ 14,250.00$ $200.00 3,800.00$ $220.00 4,180.00$ $175.00 3,325.00$ $444.15 8,438.85$ 85 MAINTENANCE OF TEMPORARY TRAFFIC SIGNAL INSTALLATIONEACH 1 1,000.00$ 1,000.00$ $1,250.00 1,250.00$ $660.00660.00$ $1,250.00 1,250.00$ $525.00 525.00$ 86 FULL-ACTUATED CONTROLLER AND TYPE IV CABINETEACH 2 16,000.00$ 32,000.00$ $33,000.00 66,000.00$ $32,804.00 65,608.00$ $32,950.00 65,900.00$ $31,500.00 63,000.00$ 87 MASTER CONTROLLEREACH 1 6,000.00$ 6,000.00$ $5,300.00 5,300.00$ $5,557.00 5,557.00$ $5,260.00 5,260.00$ $4,672.50 4,672.50$ 88 TRANSCEIVER - FIBER OPTICEACH 2250.00$ 500.00$ $5,000.00 10,000.00$ $5,609.00 11,218.00$ $4,550.00 9,100.00$ $4,200.00 8,400.00$ 89 ELECTRIC CABLE IN TRENCH, SIGNAL, NO. 14 1CFOOT 7701.00$ 770.00$ $1.40 1,078.00$ $0.80616.00$ $1.40 1,078.00$ $0.84 646.80$ 90 ELECTRIC CABLE IN TRENCH, SIGNAL, NO. 14 2CFOOT 1,6201.25$ 2,025.00$ $1.40 2,268.00$ $0.80 1,296.00$ $1.40 2,268.00$ $0.95 1,530.90$ 91 ELECTRIC CABLE IN TRENCH, SIGNAL, NO. 14 3CFOOT 2,7001.30$ 3,510.00$ $1.50 4,050.00$ $1.20 3,240.00$ $1.50 4,050.00$ $1.05 2,835.00$ 92 ELECTRIC CABLE IN TRENCH, SIGNAL, NO. 14 5CFOOT 2,6001.50$ 3,900.00$ $1.60 4,160.00$ $1.60 4,160.00$ $1.60 4,160.00$ $1.16 3,003.00$ 93 ELECTRIC CABLE IN TRENCH, SIGNAL, NO. 14 7CFOOT 6002.00$ 1,200.00$ $1.80 1,080.00$ $1.90 1,140.00$ $1.80 1,080.00$ $1.37 819.00$ 94 ELECTRIC CABLE IN TRENCH, LEAD-IN, NO. 14 1 PAIRFOOT 2,6501.00$ 2,650.00$ $1.40 3,710.00$ $0.90 2,385.00$ $1.40 3,710.00$ $0.95 2,504.25$ 95 ELECTRIC CABLE IN TRENCH, SERVICE, NO. 6 2 CFOOT 4203.50$ 1,470.00$ $5.50 2,310.00$ $3.10 1,302.00$ $5.50 2,310.00$ $3.68 1,543.50$ 96ELECTRIC CABLE IN CONDUIT, EQUIPMENT GROUNDING CONDUCTOR, NO. 6 1CFOOT 1,2201.50$ 1,830.00$ $2.40 2,928.00$ $1.60 1,952.00$ $2.40 2,928.00$ $2.05 2,497.95$ 97 TRAFFIC SIGNAL POST, 10 FT.EACH 4 1,000.00$ 4,000.00$ $1,700.00 6,800.00$ $1,137.00 4,548.00$ $1,652.00 6,608.00$ $1,270.50 5,082.00$ 98 TRAFFIC SIGNAL POST, 16 FT.EACH 7 1,500.00$ 10,500.00$ $1,800.00 12,600.00$ $1,265.00 8,855.00$ $1,765.00 12,355.00$ $1,407.00 9,849.00$ 99 STEEL MAST ARM ASSEMBLY AND POLE, 26 FT.EACH 1 7,500.00$ 7,500.00$ $11,000.00 11,000.00$ $9,824.00 9,824.00$ $10,860.00 10,860.00$ $10,815.00 10,815.00$ 100 STEEL MAST ARM ASSEMBLY AND POLE, 28 FT.EACH 2 8,000.00$ 16,000.00$ $11,400.00 22,800.00$ $10,392.00 20,784.00$ $11,350.00 22,700.00$ $11,340.00 22,680.00$ 101 STEEL MAST ARM ASSEMBLY AND POLE, 40 FT.EACH 1 10,000.00$ 10,000.00$ $13,400.00 13,400.00$ $13,131.00 13,131.00$ $13,380.00 13,380.00$ $14,070.00 14,070.00$ 102 CONCRETE FOUNDATION, TYPE AFOOT 16 200.00$ 3,200.00$ $220.00 3,520.00$ $196.30 3,140.80$ $220.00 3,520.00$ $197.40 3,158.40$ 103 CONCRETE FOUNDATION, TYPE CFOOT 8650.00$ 5,200.00$ $700.00 5,600.00$ $693.00 5,544.00$ $630.00 5,040.00$ $756.00 6,048.00$ 104 CONCRETE FOUNDATION, TYPE E 30-INCH DIAMETERFOOT 30 150.00$ 4,500.00$ $275.00 8,250.00$ $213.50 6,405.00$ $265.00 7,950.00$ $234.15 7,024.50$ 105 CONCRETE FOUNDATION, TYPE E 36-INCH DIAMETERFOOT 13 200.00$ 2,600.00$ $320.00 4,160.00$ $225.00 2,925.00$ $300.00 3,900.00$ $294.00 3,822.00$ 106 SIGNAL HEAD, LED, 1-FACE, 3-SECTION, MAST-ARM MOUNTEDEACH 6670.00$ 4,020.00$ $840.00 5,040.00$ $777.00 4,662.00$ $840.00 5,040.00$ $879.90 5,279.40$ 107 SIGNAL HEAD, LED, 1-FACE, 3-SECTION, BRACKET MOUNTEDEACH 13 600.00$ 7,800.00$ $750.00 9,750.00$ $673.00 8,749.00$ $750.00 9,750.00$ $822.15 10,687.95$ 108 SIGNAL HEAD, LED, 1-FACE, 5-SECTION, BRACKET MOUNTEDEACH 2800.00$ 1,600.00$ $910.00 1,820.00$ $970.00 1,940.00$ $910.00 1,820.00$ $1,018.50 2,037.00$ 109 SIGNAL HEAD, LED, 1-FACE, 5-SECTION, MAST-ARM MOUNTEDEACH 2900.00$ 1,800.00$ $1,000.00 2,000.00$ $1,090.00 2,180.00$ $1,015.00 2,030.00$ $1,092.00 2,184.00$ 110PEDESTRIAN SIGNAL HEAD, LED, 1-FACE, BRACKET MOUNTED WITH COUNTDOWN TIMEREACH 12 700.00$ 8,400.00$ $700.00 8,400.00$ $533.00 6,396.00$ $685.00 8,220.00$ $633.15 7,597.80$ 111 TRAFFIC SIGNAL BACKPLATE, LOUVERED, FORMED PLASTICEACH 8200.00$ 1,600.00$ $240.00 1,920.00$ $268.00 2,144.00$ $240.00 1,920.00$ $250.95 2,007.60$ 112 INDUCTIVE LOOP DETECTOREACH 12 150.00$ 1,800.00$ $220.00 2,640.00$ $138.00 1,656.00$ $220.00 2,640.00$ $116.55 1,398.60$ 113 DETECTOR LOOP, TYPE IFOOT 99017.00$ 16,830.00$ $19.00 18,810.00$ $15.70 15,543.00$ $15.00 14,850.00$ $23.10 22,869.00$ 114 LIGHT DETECTOREACH 7 1,100.00$ 7,700.00$ $1,050.00 7,350.00$ $966.00 6,762.00$ $980.00 6,860.00$ $1,000.65 7,004.55$ 115 LIGHT DETECTOR AMPLIFIEREACH 2 1,800.00$ 3,600.00$ $3,200.00 6,400.00$ $3,071.00 6,142.00$ $2,950.00 5,900.00$ $3,129.00 6,258.00$ 116 PEDESTRIAN PUSH-BUTTONEACH 12 300.00$ 3,600.00$ $230.00 2,760.00$ $343.00 4,116.00$ $230.00 2,760.00$ $371.70 4,460.40$ 117 TEMPORARY TRAFFIC SIGNAL INSTALLATIONL SUM 1 40,000.00$ 40,000.00$ $42,500.00 42,500.00$ $27,750.00 27,750.00$ $39,560.00 39,560.00$ $44,310.00 44,310.00$ 118 REMOVE EXISTING TRAFFIC SIGNAL EQUIPMENTEACH 1 2,000.00$ 2,000.00$ $9,600.00 9,600.00$ $1,760.00 1,760.00$ $8,580.00 8,580.00$ $4,200.00 4,200.00$ 119 REMOVE EXISTING HANDHOLEEACH 5300.00$ 1,500.00$ $200.00 1,000.00$ $220.00 1,100.00$ $175.00875.00$ $444.15 2,220.75$ 120 REMOVE EXISTING DOUBLE HANDHOLEEACH 1400.00$ 400.00$ $200.00200.00$ $220.00220.00$ $175.00175.00$ $740.25 740.25$ 121 REMOVE EXISTING CONCRETE FOUNDATIONEACH 7500.00$ 3,500.00$ $200.00 1,400.00$ $220.00 1,540.00$ $175.00 1,225.00$ $517.65 3,623.55$ 126 of 921 DATE: 3/19/19TIME: 2:00 P.M.ATTENDED BY: RDItem No.ItemsUnit Quantity Unit Price CostUNIT PRICETOTALUNIT PRICETOTALUNIT PRICETOTALUNIT PRICETOTALSumit Construction Co., Inc.4150 W. Wrightwood AvenueChicago, IL 60639NAME AND ADDRESS OF BIDDERSCary, IL 60013 Huntley, IL 60142Capitol Cement Co.. Inc.6231 North Pulaski RoadCITY OF EVANSTONTABULATION OF BIDS FOR Main Street Corridor Improvements 2019Chicago, IL 60646Landmark Contractors, Inc.11916 W. Main StreetAPPROVED ENGINEER'S ESTIMATEBolder Contractors316 Cary Point Drive122TREE, LIRIODENDRON TULIPIFERA (TULIP TREE), 3" CALIPER, BALLED AND BURLAPPEDEACH 5 500.00$ 2,500.00$ $900.00 4,500.00$ $750.00 3,750.00$ $815.00 4,075.00$ $750.00 3,750.00$ 123TREE, PLATANUS X ACERIFOLIA BLOODGOOD (BLOODGOOD LONDON PLANETREE), 3" CALIPER, BALLED AND BURLAPPEDEACH 5 $ 620.00 $ 3,100.00 $900.00 $ 4,500.00 $750.00 $ 3,750.00 $810.00 $ 4,050.00 $750.00 $ 3,750.00 124 HOT-MIX ASPHALT DRIVEWAY PAVEMENT, 8" SQ YD 310 60.00$ 18,600.00$ $70.00 21,700.00$ $42.04 13,032.40$ $80.00 24,800.00$ $69.30 21,483.00$ 125 CONSTRUCTION LAYOUT L SUM 1 25,000.00$ 25,000.00$ $30,000.00 30,000.00$ $20,000.00 20,000.00$ $10,900.00 10,900.00$ $16,000.00 16,000.00$ 126 DRILL AND GROUT DOWEL BARS EACH 1,200 10.00$ 12,000.00$ $9.00 10,800.00$ $3.00 3,600.00$ $14.40 17,280.00$ $9.00 10,800.00$ 127 TEMPORARY INFORMATION SIGNING SQ FT 52 25.00$ 1,300.00$ $40.00 2,080.00$ $25.00 1,300.00$ $14.00 728.00$ $16.80 873.60$ 128 MAINTENANCE OF LIGHTING SYSTEM CAL MO 8 1,500.00$ 12,000.00$ $320.00 2,560.00$ $500.00 4,000.00$ $320.00 2,560.00$ $892.50 7,140.00$ 129 OPTIMIZE TRAFFIC SIGNAL SYSTEM EACH 1 2,000.00$ 2,000.00$ $1,900.00 1,900.00$ $2,145.00 2,145.00$ $1,900.00 1,900.00$ $2,100.00 2,100.00$ 130 STORM SEWER (WATER MAIN REQUIREMENTS) 8 INCH FOOT 340 150.00$ 51,000.00$ $150.00 51,000.00$ $105.00 35,700.00$ $113.53 38,600.20$ $110.25 37,485.00$ 131 TEMPORARY PAVEMENT SQ YD 120 50.00$ 6,000.00$ $30.00 3,600.00$ $50.00 6,000.00$ $92.00 11,040.00$ $68.00 8,160.00$ 132 TEMPORARY PAVEMENT (VARIABLE DEPTH) TON 50 250.00$ 12,500.00$ $90.00 4,500.00$ $100.00 5,000.00$ $170.00 8,500.00$ $88.00 4,400.00$ 133 TEMPORARY TRAFFIC SIGNAL TIMINGEACH 1 1,000.00$ 1,000.00$ $850.00850.00$ $990.00990.00$ $850.00850.00$ $963.00 963.00$ 134 STREET SWEEPINGEACH 60 250.00$ 15,000.00$ $200.00 12,000.00$ $5.00300.00$ $235.00 14,100.00$ $600.00 36,000.00$ 135 REMOVE AND REINSTALL LIGHT POLESL SUM 1 6,000.00$ 6,000.00$ $2,500.00 2,500.00$ $7,334.00 7,334.00$ $2,450.00 2,450.00$ $4,389.00 4,389.00$ 136 REMOVE AND RELOCATE SIGN (SPECIAL)EACH 32 250.00$ 8,000.00$ $200.00 6,400.00$ $200.00 6,400.00$ $60.00 1,920.00$ $141.75 4,536.00$ 137 PAVEMENT MARKING REMOVAL - WATER BLASTINGSQ FT 1,7003.00$ 5,100.00$ $1.00 1,700.00$ $3.00 5,100.00$ $2.00 3,400.00$ $5.25 8,925.00$ 138 BIKE PATH REMOVALSQ YD 608.00$ 480.00$ $20.00 1,200.00$ $9.00540.00$ $8.70522.00$ $10.00 600.00$ 139 LANDSCAPING, SPECIALL SUM 1 25,000.00$ 25,000.00$ $20,000.00 20,000.00$ $15,000.00 15,000.00$ $5,500.00 5,500.00$ $10,000.00 10,000.00$ 140 CONNECTION TO EXISTING DRAINAGE STRUCTUREEACH 6 2,000.00$ 12,000.00$ $900.00 5,400.00$ $500.00 3,000.00$ $1,185.68 7,114.08$ $945.00 5,670.00$ 141 HOT-MIX ASPHALT SURFACE REMOVAL, VARIABLE DEPTHSQ YD 5,4005.00$ 27,000.00$ $7.00 37,800.00$ $5.08 27,432.00$ $4.25 22,950.00$ $6.83 36,855.00$ 142 TRAFFIC CONTROL AND PROTECTION, (SPECIAL)L SUM 1 60,000.00$ 60,000.00$ $190,000.00 190,000.00$ $29,500.00 29,500.00$ $29,825.00 29,825.00$ $80,000.00 80,000.00$ 143 UNINTERRUPTABLE POWER SUPPLY, SPECIALEACH 2 4,000.00$ 8,000.00$ $7,000.00 14,000.00$ $7,595.00 15,190.00$ $6,980.00 13,960.00$ $7,350.00 14,700.00$ 144 ELECTRIC CABLE IN CONDUIT NO. 20 3/C, TWISTED, SHIELDEDFOOT 9751.50$ 1,462.50$ $1.20 1,170.00$ $1.10 1,072.50$ $1.20 1,170.00$ $0.95 921.38$ 145 FIBER OPTIC CABLE IN CONDUIT, NO. 62.5/125, MM12F SM24FFOOT 4752.50$ 1,187.50$ $5.50 2,612.50$ $3.60 1,710.00$ $5.50 2,612.50$ $9.45 4,488.75$ 146 ACCESSIBLE PEDESTRIAN SIGNALSEACH 12 1,200.00$ 14,400.00$ $1,300.00 15,600.00$ $1,331.00 15,972.00$ $1,275.00 15,300.00$ $1,228.50 14,742.00$ 147 ROADWAY TYPE LIGHTING UNITS, COMPLETE IN PLACEEACH 15 8,000.00$ 120,000.00$ $5,640.00 84,600.00$ $4,975.00 74,625.00$ $5,100.00 76,500.00$ $5,040.00 75,600.00$ 148 EXPLORATION TRENCH (UP TO 8 FEET DEEP)EACH 8250.00$ 2,000.00$ $1,500.00 12,000.00$ $100.00800.00$ $560.00 4,480.00$ $420.00 3,360.00$ 149HIGH-EARLY-STRENGTH PORTLAND CEMENT CONCRETE DRIVEWAY PAVEMENT 8"SQ YD 52565.00$ 34,125.00$ $100.00 52,500.00$ $65.00 34,125.00$ $71.75 37,668.75$ $85.00 44,625.00$ 150HIGH-EARLY-STRENGTH COMBINATION CONCRETE CURB AND GUTTER, TYPE B-6.12FOOT 62535.00$ 21,875.00$ $40.00 25,000.00$ $35.00 21,875.00$ $29.90 18,687.50$ $36.00 22,500.00$ 2,227,913.00$ 2,678,511.50$ 2,096,470.65$ 2,062,822.08$ 2,362,054.63$ 2,227,913.00$ 2,678,511.50$ 2,096,470.65$ 2,062,822.08$ 2,362,053.76$ BASE BID TOTALAS READAS CORRECTED127 of 921 Main Street Corridor Improvement, Bid 19-05, M/W/EBE Memo 04.08.2019 To: David Stoneback, Public Works Agency Director Lara Biggs, P.E. Bureau Chief – Capital Planning / City Engineer Rajeev Dahal, Senior Project Manager - Transportation From: Tammi Nunez, Purchasing Manager Subject: Main Street Corridor Improvement Project, Bid 19-05 Date: April 8, 2019 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to the Main Street Corridor Improvement Project, Bid 19-05, Landmark Contractors, Inc., total base bid is $2,062,822.08 and they will receive 29% credit for compliance towards the M/W/EBE goal. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Elmund & Nelson Company 1510 Sheldon Drive Elgin, IL 60120 Construction $599.939.50 29% X Total M/W/EBE $599,939.50 29% CC: Hitesh Desai, Chief Financial Officer Memorandum 128 of 921 For City Council meeting of April 8, 2019 Item A8 Business of the City by Motion: Main Street Corridor Improvement Project For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer Rajeev Dahal, Senior Project Manager - Transportation Subject: Construction Engineering Services Contract Amendment Main Street Corridor Improvement Project (RFP 16-47) West City Limits to Hartrey Avenue Date: March 21, 2019 Recommended Action: Staff recommends that City Council authorize the City Manager to execute an amendment to the agreement with Stanley Consultants, Inc. (8501 W. Higgins Road, Suite 730, Chicago IL 60631) in the not-to-exceed amount of $269,282.00 to provide the Phase III construction services for the Main Street Corridor Improvement Project. Funding Source: Funding will be provided from the CIP Fund 2018 General Obligation Bonds in the amount of $34,000 and the 2019 General Obligation Bonds in the amount of $235,282. A detailed summary of the funding is as follows: Fund Account Budget Remaining Contract Amount 2018 CIP Fund (GO Bonds) 415.40.4118.62145-416535 $ 34,000 $ 34,000.00 2019 CIP Fund (GO Bonds) 415.40.4119.62145-416535 $100,000 $100,000.00 2019 CIP Fund (GO Bonds) (other project savings) 415.40.4119.62145-416535 $136,000 $135,282.00 Total $270,000 $269,282.00 Additional funding is available because of savings on the Emerson Street Traffic Signal Improvements project. Livability Benefits: Built Environment: Enhance public spaces Health & Safety: Improve emergency prevention and response Equity & Empowerment: Ensure equitable access to community assets Memorandum 129 of 921 Background: The project consists of the installation of a coordinated traffic signal system including the traffic signal modernization of an existing signalized intersection at McDaniel Avenue and a new traffic signal at the easternmost driveway, by the Food 4 Less area, for both pedestrian and vehicle operation and safety. The project also consists of the reconstruction of the eastbound Main Street pavement, profile grade line adjustments, roadway cross slopes corrections, driveway entrances reconstruction to address ADA access compliance and steep grade issues. Other improvements include extending the sidewalk on the south side of the street from the shopping center to Hartrey Avenue, installing new LED street lights, tree removal and replacements, storm sewer extensions, resurfacing the roadway and improved lane lines and pavement markings On August 15, 2016, the City Council awarded the initial preliminary design engineering services for the Main Street Corridor Improvement Project to Stanley Consultants. Due to budget limitations in FY 2016, the scope of design services was limited to topographic survey, data collection, preliminary analysis and some stakeholder meetings. With approval of additional CIP funds for 2017, on January 9, 2017, the City Council awarded the remaining engineering design services to complete the concept plans and preliminary engineering, geotechnical & soils analysis, public meetings, and completion of engineering plans for construction. The original Request for Proposal (RFP 16-47) evaluated and selected Stanley Consultants as the recommended engineer on the basis of their ability to provide engineering services for planning, design and construction of the project. The construction plans for the project are complete and was bid by the City on February 21, 2019. Bid Proposals were due on March 19, 2019 and the award of construction contract is scheduled for Council approval on April 8, 2019. Analysis: The scope of the Phase III engineering services includes construction inspection for the traffic signal installation, roadway reconstruction, resurfacing, driveway entrances and sidewalk improvements, street light installation, tree replacements, sewer extension, concrete work, pavement markings and traffic control during construction. Stanley Consultants will perform on-site inspection, check construction layout, maintain project records and documentation, and prepare pay estimates. Stanley Consultants has experience with this scope of work and will ensure that the contractor meets the intent of the contract plans/ specifications and complete the necessary paper work as required on construction projects. To date, Stanley Consultants has provided satisfactory work on this project and therefore staff recommends the award of the construction engineering services as well per RFP 16-47. Stanley Consultants proposal to comply with the City’s M/W/EBE goals is attached. Legislative History: The City Council Approved Design Engineering Services Contracts on August 15, 2016 and on January 9, 2017 The City Council approved temporary construction easement agreements resolutions 1-R-19 and 5-R-19 on January 14, 2019 130 of 921 Attachments: Stanley Consultants, Inc., Proposal M/W/EBE Participation Memo 131 of 921 Main Street Corridor Improvement Project Construction Management Services Firm Name: Stanley Consultants, Inc Subconsultants: Environmental Design International, Inc Interra, Inc Date: March 15, 2019 132 of 921 Page 1 of 8 EXHIBIT A Consulted Construction Management/Observation A. OVERVIEW THE CONSULTANT AGREES: 1. To perform or be responsible for the performance of the following engineering services for the CITY in connection with the proposed improvement herein described: a. Furnish or cause to be furnished: i. Construction observers and other technical personnel to perform the construction observation. ii. Observation of the work and Contractor’s operations for compliance with the plans and specifications as construction proceeds, however the CONSULTANT does not guarantee the contract performance of the Contractor. iii. Maintain daily records of Contractor’s activity which shall include: (i) Project Diary (ii) Inspector’s Daily Report (I.D.R.) (iii) Quantity Book (iv) Resident’s Weekly Report (v) Paving Summary (Field Book) (vi) All other documentation required by the City of Evanston iv. Supervision of construction observers, proportioning engineers, and other technical personnel and also the type, frequency, and location of material testing and sampling. v. Random checks or as required by the CITY of Contractor’s construction staking activities. vi. Preparation and submission to the CITY in required form and number of copies, all partial and final Pay Estimates, Change Orders, records and reports required by the CITY. vii. Verify that all required evidence of material certification and inspection is received from the Contractor before final payment is made. viii. Mark contract plans in red to provide record drawings (As-Built Plans) of the completed project for permanent record. Submit one set of Record Plans to the CITY at the time of final payment. ix. To attend up to two (2) Public Information Meetings. x. To prepare for and provide materials as directed by the CITY for and attend the Pre- Construction Conference, and provide meeting minutes to the CITY no later than 7 days from the date of the meeting. 133 of 921 Page 2 of 8 xi. To schedule, coordinate, and provide an agenda for weekly progress meetings. Also, to provide meeting minutes to the CITY no later than 7 days from the date of the meeting. xii. The basic survey notes and sketches, charts, computations and other data and records prepared or obtained by the CONSULTANT pursuant to this agreement will be made available upon request to the CITY without cost and without restriction or limitation as to their use. b. Coordinate, furnish or cause to be furnished: i. Proportioning and testing of concrete mixtures in accordance with the “Manual of Instructions for Concrete Proportioning and Testing” issued by the Bureau of Materials and Physical Research of the Illinois Department of Transportation and promptly submit reports on forms prepared by said Bureau. ii. Proportioning and testing of bituminous mixtures in accordance with the “Manual of instructions for Bituminous Proportioning and Testing” issued by the Bureau of Materials and Physical Research of the Illinois Department of Transportation and promptly submit reports on forms prepared by said Bureau. iii. All compaction tests as required by the specifications or as directed by the CITY and report promptly the same on forms prepared by the Bureau of Materials and Physical Research of the Illinois Department of Transportation. iv. Utility coordination with Contractor to help resolve utility conflicts. Additional coordination with the Village of Skokie related to the existing lighting and construction progress. v. Request and obtain all names and lien waivers from Contractor in accordance with the City’s Local Employment Program Ordinance and Minority-Owned, Women-Owned, and Evanston-based businesses (M/W/EBEs). THE CITY OF EVANSTON AGREES: 1. The CONSULTANT is entitled to additional compensation if contract funds are exhausted and the duration of work requires services beyond the original completion date of the project. The CONSULTANT will submit additional scope and fee for processing by the CITY. B. SERVICES AND PROCEDURES FOR CONSULTED CONSTRUCTION MANAGEMENT/OBSERVATION 1. DUTIES AND AUTHORITY OF THE RESIDENT ENGINEER/TECHNICIAN The Resident Engineer/Technician (Resident) provided by the CONSULTANT, who from this point on shall be referred to, as the Resident, along with his/her staff is responsible for all construction details 134 of 921 Page 3 of 8 on the project. He/she shall report directly to the City of Evanston Project Manager (COE PM). The Resident is expected to accept delegated responsibility and to make decisions within the authority delegated to him/her. A Resident’s first duty is to enforce the contract and specification requirements. The Resident shall assign and schedule all field and material inspection and must maintain daily contact with the Contractor’s personnel to proficiently provide the engineering services necessary for the Contractor’s continued progress. In addition, the Resident is expected to make the day-to-day decisions to the extent that his/her experience and construction knowledge permit. However, the Resident is not authorized nor should he/she attempt to revise, delete, or change the contract provisions. When contract, plan, or specification changes are anticipated the Resident should contact the COE PM for guidance. The Resident also shall schedule, attend, and provide meeting minutes for all necessary meetings. The Resident shall be the COE public relations person when dealing those the contract may involve and inconvenience. The Resident shall review contract compliance with respect to: a. Contract Proposal i. Special Provisions ii. Highway Standards b. Contract Plans c. “Supplemental Specifications and Recurring Special Provisions” d. “Standard Specifications for Road and Bridge Construction” e. Payroll f. Pay Estimates g. Erosion Control/Drainage h. E.E.O. Bulletin Boards i. Traffic Control – Includes two (2) night time inspections each month j. Documentation k. Inspection i. Material ii. Field (Various Construction Operations) l. Army Corps and EPA permits, SWPP completion, NOI and NOT submittals as well as other paperwork required in active permits for the project. m. CCDD compliance and necessary forms and paperwork n. Schedule i. If the Contractor fall 10 calendar days behind schedule, the Resident will work with the Contractor to develop a plan to get back on schedule. 135 of 921 Page 4 of 8 2. MEETINGS Prior to the start of construction, the COE shall arrange a pre -construction conference. All personnel involved with the project, including all necessary utility representatives, Contractor’s personnel, construction supervision personnel, local agency representatives, and COE staff shall be requested to attend. The Resident shall be required to attend, run, provide agenda and take meeting minutes to be submitted to the COE with copies sent to all other attendees no later than 7 days after the date of the pre-construction conference. Weekly coordination meetings shall be scheduled and coordinated by the Resident. These meetings shall be for the purpose of coordinating construction activities for the upcoming week, and any other important issues that may arise. The Resident shall be required to attend, run and also provide meeting minutes to be submitted to the COE no later than 3 days after the date of the coordination meeting. 3. DOCUMENTATION a. Project Diary: The Resident or a designated representative shall be required to keep a daily diary on each contract. The diary shall be a bound hardback book; there must be a separate diary on each Contract and a separate diary for each year. All entries throughout the diary shall be in ink. The first entry in the diary shall be on the inside cover. This entry shall include the year, the official designation of the section (County, Section number, Route, District number, Job number, Contract number), the name of the Contractor, and the name and signature of the Resident. A list of all personnel (inspectors) assigned to or working on the project also shall be printed on the inside cover, and each person shall put his/her initials after his/her name. COE’s return address shall be noted on the inside cover so that it may be returned if ever lost. An entry must be made in the project diary for each day of the project, including weekends and holidays, except when the project is officially suspended. Entries must begin by the official start date or when the Contractor begins work, whichever is first. The diary shall contain a day- to-day record of all significant items relating to the project. The date and day of the week shall be shown on the top of the page. Also, the time(s) of arrival and departure of the Resident or staff shall be listed under the date. A description of the day activities, and the number and the type of workers for the general contractor and each of the subcontractors shall be recorded for each day. Other information that shall be documented in the project diary is: 136 of 921 Page 5 of 8 i. Weather. ii. Progress schedule controlling item of work. iii. Working days charged and reason for partial or non-working days. iv. Traffic control inspections and changes. v. Description and hours of material inspection (done by Material Consultants) vi. Important discussions with Contractor(s). vii. Official visitors and inspections. viii. Opening and closing of detours. ix. Work and materials rejected and reasons. x. Time of discontinuing or resuming work and reasons. xi. Account of any time spent by Contractor’s workers or equipment on disputable items of work. xii. The presence of railroad flaggers and whether the Contractor is to be reimbursed for their services. xiii. Length and cause of any delay. xiv. Dates on which payment began and end for Engineer’s Field Office, or any other calendar-month item. xv. Description of important faxes and telephone calls. Unusual conditions, if any, such as high water, bridge failures, accidents/injuries, etc. b. Inspector’s Daily Report (IDR): An Inspector’s daily inspection field report shall be kept by the Resident and or his/her staff for each contract. I.D.O.T. form BC-628 shall be used for the documentation of daily work. This form is available as a spreadsheet on Microsoft Excel and is available from the COE Completed IDR forms shall be kept in chronological order in a 3- ring hard cover binder. The items shall be checked on the right side of the report when they are entered the Quantity Book. The information contained on this report shall identify: i. Date ii. Name of Contractor/Sub-Contractor(s) that performs on pay items iii. Weather iv. Item No. v. Pay Item vi. Location of work vii. Quantity and Units viii. Evidence of Material Inspection. ix. Calculations and Sketches (if applicable) c. Quantity Book: A Quantity Book shall be kept by the Resident and or his/her staff for each contract. A similar COE Quantity Book Form shall be used for all other projects. The COE Quantity Book Form is available as a spreadsheet on Microsoft Excel and is available from the COE. A separate Quantity Book sheet shall be provided for each contract pay item. A title page listing the official designation of the section, the name address, and telephone number of the Contractor, and the address of COE shall be provided. Also, a sheet index page listing item number, item, and page number shall be provided. The Quantity Book Sheets (in numerical order), title page, and sheet index page shall all be kept in a 3-ring binder. Quantities shall be placed in this form daily. d. Resident’s Weekly Report: A weekly report containing a record of the contractor’s progress shall be kept by the Resident. IDOT form BC-239 shall be used for the Resident’s Weekly Report. This report shall be filled out weekly, signed by the Resident, and a copy mailed to the 137 of 921 Page 6 of 8 Contractor’s office as soon as possible (at no time shall the Contractor receive the copy later than 7 days from the date of the report). Copies of the report shall be marked c.c. for: i. Contractor ii. Project file (COE) iii. Resident’s file e. Other periodic reports for traffic control and project issues shall be completed and maintained as per IDOT policy and procedures. The Resident shall keep his/her copies in chronological order, and contained within a hard covered 3-ring binder. 4. CHANGE ORDERS Whenever it becomes apparent that extra work is necessary on a project, the Resident shall contact COE PM. COE PM shall determine the appropriate course of action. Payment for extra work shall be classified as either an agreed Unit Price or a Force Account. In the case when an Agreed Unit Price shall be used, The Resident shall submit a formal request letter to the Contractor. This letter shall list the requested item, unit, and estimated quantity for an Agreed Unit Price. Once the Contractor’s Agreed Unit Price letter is received, the COE shall review it. If the Agreed Unit Price letter is found acceptable, the Resident shall prepare the appropriate Change Order form and submit it to COE PM. In the case when a Force Account shall be used, the process shall be same as that of an Agreed Unit Price, except that the Resident shall submit a formal request letter to the Contractor requesting an estimated amount for time, equipment and material costs for the proposed Force Account work. The Resident shall document this work daily by using IDOT form BC-635 and both the Contractor and the Resident will retain copies. The completed itemized bill shall be submitted to COE PM for approval, and Change Order processing. Once COE PM has approved the Change Order, the Resident shall add the Agreed Unit Price(s) or Force Account(s) to the next pay estimate as a line item. All Change Orders shall be entered on a COE Change Order form. The COE Change Order form is available as a spreadsheet on Microsoft Excel and can be obtained from the COE. 138 of 921 Page 7 of 8 5. PAY ESTIMATES The Resident shall prepare an Engineer’s Payment Estimate (pay estimate) for submittal and payment at least once a month for each contract. All documented partially and completed work that has all required material inspection should be shown for payment on the Engineer’s Payment Estimate form. 6. INSPECTION MATERIAL An independent Materials Consultant shall perform all required material inspection for all projects. The Materials Consultant shall be under the direct employment of Consultant. The Resident shall coordinate, direct, and schedule all material inspection with the Materials Consultant. Materials inspection and documentation is the responsibility of the Materials Consultant. However, the Resident and his/her staff shall verify that the quality, quantity, and frequency of all material inspection reports meet the requirements of IDOT (Bureau of Materials). Copies of completed material inspection reports shall be retained in the Resident’s file. See scope of work from Interra, Inc. for additional information. 7. TRAFFIC CONTROL INSPECTION Inspection of all traffic control devices, signing, pavement marking, etc. shall be inspected by the Resident or his/her staff daily when the Contractor is working. The Resident and or his/her staff shall verify that all traffic control is accordance with the Traffic Control plan, and all applicable standards. The Resident and or his/her staff shall notify the Contractor as soon as possible of any and all deficiencies including: a. Downed and/or damaged signs b. Downed and/or damaged barricades or sign panels c. Worn, missing or conflicting temporary pavement marking d. Malfunctioning or damaged temporary traffic signals and temporary roadway lighting The Resident shall list the times of inspection, descriptions of any and all deficiencies, and description of conversation with Contractor in the Daily Diary and complete the appropriate IDOT forms for Traffic Control Inspection for daytime and/or nighttime inspection. Nighttime inspections will be conducted twice per month while traffic control devices are in place. 8. FINAL INSPECTIONS a. Traffic Signal/Roadway Lighting Installation: Once Traffic Signal/Roadway Lighting installation have been completed and energized, the Resident shall schedule a Pre-Turn On inspection with the Contractor and COE. The Contractor shall address any deficiencies that are discovered as soon as possible. Once all deficiencies have been addressed, the Resident shall schedule a Turn On inspection with the Contractor, Maintenance Contractor, controller manufacturer’s technician (Traffic Signals) and the COE. 139 of 921 Page 8 of 8 b. Overall Project Inspection (Final Walk-Through): Upon notice from the Contractor of completion of the entire project, the Resident shall schedule a walk-through inspection with the Contractor, COE and any other agency (Municipal and/or State) representatives if there is any outside agency funding. The inspection shall consist of walking the length of all portions of roadway (both sides). The Resident shall include any and all deficiencies that are discovered in the Resident’s Punch list. The Punch list shall be addressed to the Contractor and signed by the Resident. The Punch list shall be mailed to the Contractor, and a copy shall be sent to COE. Once all deficiencies have been addressed, the Resident shall conduct another inspection with the Contractor to ensure that all the items on the punch list have been addressed. 9. RECORD DRAWINGS The Resident and or his/her staff shall provide a complete set of record drawings (as built plans) to COE for their records. The record drawings shall be marked as “RECORD DRAWINGS” dated and initialed by the individual(s) who prepared them. The drawings shall consist of a 11” x 17” size set of project plans that have all changes and additions tagged by clouds or similar easy to see markings in red ink. 140 of 921 Planned Hours Planned Bill 1,538 230,470 11,800 27,012 1,538 269,282 Labor Breakdown Hamilton, Jared 32 7,712 Grau, Tyler 16 2,652 48 10,364 Kennedy, Jean 32 2,864 32 2,864 Haller, Steven 140 20,860 Pedrigi, Benjamin 1,318 196,382 1,458 217,242 Expense Breakdown Daily Car @ $59 / day 160 9,440 Saturday / Additional Support Staff @ $59 / day 40 2,360 11,800 Title Commitments 2,247 Recording Fees 400 2,647 24,365 24,365 1,538 269,282 1,538 269,282 Project Fee Summary Stanley Consultants, Inc. Main Street Improvements CM Main Street Improvements CM Labor Expense Consultant Total for Main Street Improvements CM Project Manager Total for Project Manager Office Admin Total for Office Admin Resident Project Representative Total for Resident Project Representative Total for Expenses Sub Consultants Breakdown EDI Total for EDI Total for Main Street Corridor Improvements CM Final Totals Interra Consultant Total for Interra v7.6.710 (8357) - Page 1 of 1 141 of 921 Month Length Resident Project  Representative Project  Management Administration Support Vehicle Days May 4 Weeks 200 8 4 20 June 4 Weeks 200 8 4 20 July 4 Weeks 192 8 4 20 August 5 Weeks 250 8 4 25 September 4 Weeks 152 4 4 20 October 4 Weeks 200 4 4 20 November 5 Weeks 184 4 4 25 December 4 Weeks 80 4 4 10 Included Above 40 Total 1458 48 32 200 Main Street Corridor Improvements ‐ Construction Management Estimate (Stanley Consultants) Saturday / Additional Staff Main Street Corridor Improvements Estimate of Direct Hours142 of 921 Project:Main Street Corridor Improvements City:Evanston, IL $24,365.00 Trips Hours Scope of Work No. Rate Cost ($) 6 4.0 Field Testing 1 120.00 2880.00 4 4.0 Field Testing 1 120.00 1920.00 5 4.0 PCC Field Testing 1 120.00 2400.00 2 8.0 HMA Plant & Field Testing 1 120.00 1920.00 2 8.0 HMA Plant & Field Testing 1 120.00 1920.00 1 8.0 HMA Plant & Field Testing 1 120.00 960.00 2 4.0 PCC Field Testing 1 120.00 960.00 5 4.0 PCC Field Testing 1 120.00 2400.00 1 4.0 PCC Field Testing 1 120.00 480.00 1 4.0 PCC Field Testing 1 120.00 480.00 68 25.00 1700.00 3 600.00 1800.00 2 225.00 450.00 14 125.00 1750.00 13 35.00 455.00 Project Management 6.0 Field Issues & Review Reports 1 135.00 810.00 12.0 Reporting 1 90.00 1080.00 $24,365.00 Notes: 1 2 3 4 5 Show-up time will be charged at 2 Hrs./day upon cancellation of job on the scheduled date. 6 Minimum Chargeable time is 4.0 Hrs. on Weekdays and 8.0 Hrs. on Saturdays, Sundays and Holidays. 7 8 Payment Terms: Net 30 Days from date of invoice. High Early PCC Base Course HMA Leveling Binder High Early PCC Driveway Pavement High Early COMBINATION CONCRETE CURB AND GUTTER Earth Excavation COMBINATION CONCRETE CURB AND GUTTER Interra, Inc. 600 Territorial Drive, Suite G, Bolingbrook, IL 60440 Phone :(630) 754-8700 Fax :(630) 754-8705 Construction Materials Testing (Non QC/QA) Total Cost Estimate for Field Testing Cylinder Breaks (6" x 12") Cylinder Pick-Up Item Description Nuclear Gauge Rental Reports HMA Surface Course HMA Binder Course PCC SIDEWALK 5-INCH Aggregate Subgrade, Subbase & Base Course HMA Air Voids & Gradations Above mentioned unit rates are applicable for above project until December 2019. Night Shift hours will be charged at 1.25 times the above unit rates. Saturday hours will be charged at 1.5 times the above unit rates. Sunday and Holiday hours will be charged at 1.5 times the above unit rates. All times are from portal to portal. Standard Proctor 143 of 921 Additional fee of $400.00 to complete the recording of the easements for the three parcels. This includes all direct costs and processing fees. 144 of 921 Education Bachelor of Science Civil Engineering University of Missouri-Columbia Professional Registration Civil Engineering IL: #062-057963 Civil Engineering IA: #20442 NCEES Record Holder -: #64611 Civil Engineering WI: #44611 Civil Engineering IN: #PE11600374 Professional Societies Professional experience since 2000 in construction engineering and materials quality assurance. Construction Materials Supervisor with eight years Illinois Dept. of Transportation experience specifically related to highway, roadway, and bridge construction. Responsible for design, testing, and quality assurance of materials on multiple large highway reconstructions in District One. Managed and directed all Mixture Control activities and personnel in South Cook and East Will Counties. Construction Inspection experience including supervising a team of construction inspectors, reviewing daily reports, finalizing quantities and resolving field issues between inspectors and contractors. PROJECT EXPERIENCE Archer and 135th Street; Will County Department of Highways; IL Project Manager responsible for working hand in hand with the client to ensure their needs are being met by means of staffing, facilitating coordination with contractors, engineers, entities, general public or utilities, public outreach, or providing specific knowledge to any situation. Responsibilities also included ensuring that the team is properly handling and documenting all areas of work assisting in contract negotiations, review of the monthly pay applications, managing the approved funds, and handling any construction conflicts. Russell Road at I-94; IDOT, District 1; IL Project Manager and Materials Coordinator responsible for managing all required QA activities and tests. Services included managing the Quality Assurance (QA) requirements for Hot Mix Asphalt (HMA) and Portland Cement Concrete (PCC). Services also included coordination of QA activities with the Contractor and IDOT Personnel, QA field and lab tests, inspection of the Contractor’s QC activities, reporting of results and investigations of tests when required by the contract. Walker Road Bridge Replacement; Kane County Division of Transportation, IL Project Manager/Resident Engineer for the replacement of an existing 2 span cast in place PCC slab structure with a new structure constructed of steel beams, PCC deck with shell piles and integral abutments. Other project features include new culverts, under drains, guardrail, HMA pavement, striping, restoration and other misc. items to complete the project. IL 83, Kedzie to Western Construction Inspection; IDOT, District 1; ILProject Manager responsible for working hand in hand with the client to ensure their needs are being met by means of staffing, facilitating coordination with contractors, engineers, entities, general public or utilities, public outreach, or providing specific knowledge to any situation. Responsibilities also included ensuring that the team is properly handling and documenting all areas of work assisting in contract negotiations, review of the monthly pay applications, managing the approved funds, handling any construction conflicts, and supporting any public address. 159th Street Widening and Reconstruction from I-355 to Will Cook Road; IDOT Project Manager for roadway reconstruction and widening of IL Route 7 for a length of 5 miles from 2 to 4 lanes including protected left turn bays. Additionally, there is roadway reconstruction and widening of the related cross roads. The improvement includes the installation of proposed storm sewer, pipe culverts, precast box culverts, three retaining walls, two pile-supported land bridge embankments, traffic signals, pavement markings and landscaping. JARED HAMILTON, P.E. Project ManagerStanley Consultants18 Years of Experience Member - Illinois Association of Highway Engineers Member - Illinois Road and Trans- portation Builders Association Specialized Training Illinois DOT Training; HMA Level I; HMA Level II; HMA Level III PCC Level I; PCC Level II; PCC Level III Documentation of Contract Quantities, #16-11310, Expires 1/13/2020 Materials Management for Resident Engineers Geotechnical Field Testing and Inspection (S 33) Pile Foundation Construction Inspection (S 19) Project Management in Primavera P6 145 of 921 STANLEYCONSULTANTS, Inc » Main Street Corridor Improvements » February 7, 2019 Professional experience in construction engineering including performing as a Resident Engi- neer for Will County Division of Transportation. Experience relates to county highway and bridge reconstruction projects. Responsible for daily reports, finalizing quantities, submitting payments, and resolving issues in the field. Worked in conjunction with townships throughout Will County to put together proposals for a variety of general maintenance projects including resurfacing, seal- coats, and bridge replacements. PROJECT EXPERIENCE Various Construction Management Contract; IDOT District One - Inspector for the resur- facing of IL-31 from Main Street to Maple Avenue. This 2.75-mile project consisted of pavement patching, HMA removal and resurfacing, detector loop replacement, curb and gutter replace- ment, sidewalk replacement and ADA improvements. 159th Street Widening and Reconstruction; Illinois Department of Transportation, District 1, IL - Inspector for improvement that consisted of the roadway reconstruction and widening of IL Route 7 and roadway reconstruction and roadway widening of related cross roads. The improve- ment also included the installation of proposed storm sewer, pipe culverts, precast box culverts, three (3) retaining walls, two (2) pile-supported embankments, traffic signals, and collateral work necessary to complete the project as shown in the plans. Offner Road Bridge Replacement Over Forked Creek; Green Garden Road District - Resi- dent Engineer for the replacement of an existing one lane cast in place PCC structure with a new two-lane structure consisting of new piles, concrete beams, deck and integral abutments. Other project features included under drains, guardrail, HMA pavement, and landscaping restoration. Laraway Road Box Culvert Replacement Over Hickory Creek; WCDOT - Assistant Resident Engineer for the replacement of a cast in place box culvert with a new larger 8’ x 8’ cast in place box culvert. Work also included construction and subsequent removal of temporary pavement to maintain traffic during staged construction, earthwork, striping, guardrail, and HMA pavement. Arsenal-Manhattan Road (IL-53 to IL-52) Resurfacing; WCDOT - Resident Engineer for project that also included replacing existing cross culverts, milling, and detector loop replace- ment. Responsible for the on-site inspection and record keeping of daily construction activities, construction layout, measurement and documentation of daily quantities, quality assurance of work performed by the contractor. Completed and processed all documentation including extra work order and pay estimates. West River Road (IL-53 to IL-113) Resurfacing; WCDOT - Resident Engineer responsible for record keeping of daily construction activities, construction layout, measurement and documen- tation of daily quantities, and quality assurance of work performed by the contractor. Completed and processed all documentation including extra work order and pay estimates. Wilton-Center Road (IL-52 to Wilmington-Peotone Road); WCDOT - Resident Engineer for project that also included replacing existing cross culverts. Responsible for the on-site inspection and record keeping of daily construction activities, construction layout, measurement and docu- mentation of daily quantities, quality assurance of work performed by the contractor. Completed and processed all documentation including extra work order and pay estimates. BEN PEDRIGI Resident Engineer Stanley Consultants 4 Years of Experience Education Bachelor of Science Civil Engineering, Southern Illinois University-Carbondale Professional Registration Engineer-in-Training IL: #061- 038664 IDOT Documentation of Contract Quantities Specialized Training Geotechnical Field Testing and Inspection (S-33) Nuclear Density Training ACI Level I Understanding Specifications Phase I Training MUTCD Certification Small Drainage Structures (S 46) 146 of 921 STEVEN P. HALLER Professional experience since 1997 in Survey Section of the Transportation Department. Presently functioning as a Survey Party Chief. Responsibilities include gathering of survey field data, courthouse research, preparation of legal descriptions, preparation of property Acquisition Plats of Survey, and other general survey tasks, under the supervision of the department Land Surveyor. PROJECT EXPERIENCE ExxonMobil Construction Administration Services for Boat Ramp Installation Project; CBRE, Inc - Global Workplace Solutions; Joliet, IL--Construction Observer Village of Lincolnwood Phase 2 Touhy Avenue Pedestrian Bridge; Village of Lincolnwood; Village of Lincolnwood, IL--Construction Observer responsibilities included the on-site inspection and record keeping of daily construction activities, verification of construction layout, measurement and documentation of daily quantities, and quality assurance of work performed by the contractor. Illinois American Water Company Arbury Hills East Water Main; American Water Company, Illinois; IL--Resident Engineer responsibilities included the on-site inspection and record keeping of daily construction activities, verification of construction layout, measurement and documentation of daily quantities, and quality assurance of work performed by the contractor. Lake County Hunt Club Road (CH29) at IL Route 132; Lake County Division of Transportation; Libertyville, IL--Lead Surveyor responsible for establishing project control and topographic survey of existing conditions. Illinois American Water Company Arbury Hills N. Water Main Replacement - Design; American Water Company, Illinois; IL--Resident Engineer responsibilities included the on-site inspection and record keeping of daily construction activities, verification of construction layout, measurement and documentation of daily quantities, and quality assurance of work performed by the contractor. Kane County Division of Transportation Walker Road Bridge Replacement; Kane County Division of Transportation; , IL--Construction Observer responsible for all project surveying for the project and overseeing our survey sub-contractor. Other responsibilities included the on-site inspection and record keeping of daily construction activities, verification of construction layout, measurement and documentation of daily quantities, and quality assurance of work performed by the contractor. Village of Kenilworth Kenilworth Avenue and Green Bay Road Water Main Extensions; Village of Kenilworth; Kenilworth, IL-- Illinois DOT, District 1 159th Street Widening and Reconstruction; Illinois Department of Transportation, District 1; IL--Project Surveyor responsible for all project surveying for the project and overseeing our survey sub-contractor. Other responsibilities included the on-site inspection and record keeping of daily construction activities, verification of construction layout, measurement and documentation of daily quantities, and quality assurance of work performed by the contractor. Illinois DOT, District 1 I-94 from IL 173 to Wisconsin State Line; Illinois Department of Transportation, District 1; IL--Construction Observer responsibilities included the on- site inspection and record keeping of daily construction activities, verification of STEVEN P. HALLER Senior Construction Inspector Stanley Consultants 31 Years of Experience Education Bachelor of Science, Community and Regional Planning, Iowa State University 147 of 921 STEVEN P. HALLER construction layout, measurement and documentation of daily quantities, and quality assurance of work performed by the contractor. District 1 U.S. 45 - IL 60 to IL 22 PS&E; Illinois Department of Transportation, District 1; IL--Project Surveyor responsible for all project surveying for the project and overseeing our survey sub-contractor. Other responsibilities included the on-site inspection and record keeping of daily construction activities, verification of construction layout, measurement and documentation of daily quantities, and quality assurance of work performed by the contractor. Will County Department of Highways Archer and 135th Street; Will County Department of Highways; IL--Construction Observer responsibilities included the on-site inspection and record keeping of daily construction activities, verification of construction layout, measurement and documentation of daily quantities, and quality assurance of work performed by the contractor. Illinois Prarie Path Underpass at the WCL Railroad, Phase I; DuPage County Division of Transportation; Wheaton, IL-- Surveyor responsible for establishing project control and topographic survey of existing conditions for use in the design. ISTHA Fox River Bridge Design Concept Report; Illinois State Toll Highway Authority; IL--Surveyor responsibilities included the on-site inspection and record keeping of daily construction activities, verification of construction layout, measurement and documentation of daily quantities, and quality assurance of work performed by the contractor. Illinois DOT, District 1 Russell Road at I-94; Illinois Department of Transportation, District 1; IL--Construction Observer responsibilities included the on-site inspection and record keeping of daily construction activities, verification of construction layout, measurement and documentation of daily quantities, and quality assurance of work performed by the contractor. Illinois DOT, District 1 Construction Management for I-80, US30 to US45; Illinois Department of Transportation, District 1; IL--Construction Observer responsibilities included the on-site inspection and record keeping of daily construction activities, verification of construction layout, measurement and documentation of daily quantities, and quality assurance of work performed by the contractor. Illinois American Water Blackhawk Boulevard Water Main Replacement; American Water Company, Illinois; , IL--Survey Party Chief responsible for establishing project control and topographic survey. Illinois American Water Waycinden and Moreland Water Main Improvements; American Water Company, Illinois; , IL-- Survey Party Chief responsible for establishing project control and topographic survey. Construction Engineering Services for I-55; Illinois Department of Transportation, District 1; IL--Construction Observer responsibilities included the on-site inspection and record keeping of daily construction activities, verification of construction layout, measurement and documentation of daily quantities, and quality assurance of work performed by the contractor. Chicago DOT LaSalle Drive Reconfiguration; City of Chicago, Department of Transportation; Chicago, IL--Construction Observer responsibilities included the on-site inspection and record keeping of daily construction activities, verification of construction layout, measurement and documentation of daily quantities, and quality assurance of work performed by the contractor. ISTHA Construction Management Services, I-294 Bridge Rehabilitation; Illinois State Toll Highway Authority; IL--Survey Party Chief responsible for construction survey and observation. Illinois DOT, District 1 Various Projects; Illinois Department of Transportation, District 1; IL--Survey Party Chief responsible for establishing project control and topographic survey. ISTHA I-90 Master Plan and Shoulder Widening; Illinois State Toll Highway Authority; IL--Survey Party Chief responsible for establishing project control and topographic survey. 148 of 921 DnplRruBNT oF PnocuRnunNr Snnvrcps CITY OF CHICAGO Nov * ? 20tô Ms. Leslie J. Sawyer Environmental Design lnternational, lnc. 33 West Monroe Street, Suite 1825 Chicago, lL 60603 Dear Leslie J. Sawyer:REVISED We are pleased to inform you that Environmental Design lnternational, inc., has been recertified as a Minority-Owned Business Enterprise ("MBE") and Women-Owned Business Enterprise ("WBE") by the City of Chicago ("City"). This MBE/\II/BE certification is valid until 911512019; however your firm's certification must be revalidated annually. ln the past the City has provided you with an annual letter confirming your certification; such letters will no longer be issued. As a consequence, we require you to be even more diligent in filing your annual No-Ghange Affidavit 60 days before your annual anniversary date. It is now your responsibility to check the City's certification directory and verify your certification status. As a condition of continued certification during the fíve year period stated above, you must file an annual No-Change Affidavit. Your firm's annual No-Change Affidavit is due by 911512017, and 911512018. Please remember, you have an affirmative duty to file your No- Change Affidavit 60 days prior to the date of expiration. Failure to file your annual No- Change Affidavit may result in the suspension or rescission of your certification. Your firm's five year certification will expire on 9/1512019. You have an affirmative duty to file for recertification 60 days prior to the date of the five year anniversary date. Therefore, you must file for recertification by 711512019. It is important to note that you also have an ongoing affirmative duty to notify the City of any changes in ownership or control of your firm, or any other fact affecting your firm's eligibility for certification within 10 days of such change. These changes may include but are not limited to a change of address, change of business structure, change in ownership or ownership structure, change of business operations, gross receipts and or personal net worth that exceed the program threshold. Failure to provide the City with timely notice of such changes may result in the suspension or rescission of your certification. ln addition, you may be liable for civil penalties under Chapter 1-22, "False Claims", of the Municipal Code of Chicago. Flease note - you shall be deemed to have had your certification lapse and will be ineligible to participate as a MBEM/BE if you fail to: l2l NORTH LASALLE STREET, ROOM 806, CHICAGO,ILLINOIS 60602 149 of 921 Environmental Design lnternational, lnc. N'V- ? A0lô Page 2 of 2 o File your annual No-Change Affidavit within the required time period; o provide financial or other records requested pursuant to an audit within the required time period; . Notify the City of any changes affecting your firm's certification within 10 days of such change; or. File your recertification within the required time period' please be reminded of your contractual obligation to cooperate with the City with respect to any reviews, audits or inveétigation of its contracts and affirmative action programs. We strongly encourage you to assist us in maintaining the integrity of our programs by reporting instances or rujpi"ions of fraud or abuêe to the Gity's lnspector General at chicagoinspectorgeneral.org, or 866-lG-Tt PLINE (866-448-4754). Be advised that if you or your firm is found to be involved in certification, bidding and/or contractual fraud or abuse, itre City will pursue decertification and debarment' ln addition to any other penalty imposed by law, any person who knowingly obtains, or knowingly assists anóther in obtainjng å contraðt w¡tr the City by falsely representing the individual or entity, or the individual or en-tity assisted is guilty of a misdemeanor, punishable by_ incarceration in the county jail for a period not to exceeã six months, or a fine of not less than $5,000 and not more than $10,000 or both. your firm's name will be listed in the City's Directory of Minority and Women-Owned Business Enterprises in the specialty area(s) of: NAICS Code(s): 541330 - Engineering Services 541350 - Building lnspection Services 541370 - Surveying and Mapping Services (except geophysical) 541620 - Environmental Gonsulting Services 561210 - Facility Support Services 562910 - Remediation Services vnrrr firm'c nartieinatinn ôn Citv contracts will be credited onlV toward Minority-Owned Business Enterpiise and Women-Owned Business Enterprise goals in your area(s) specialty. While your participation on City contracts is not limited to your area of specialty, credit tôward goåls will be given only for work that is self-performed and providing a commercially useful function that is done in the approved specialty category' Thank you for your interest in the City's Minority and Women-Owned Business Enterprise (MBEAIVBE) Program. Sincerely, R First RB/cm puty Procurement Officer 150 of 921 151 of 921 Main Street Corridor Improvement Project, RFP 16-47, M/W/EBE Memo 04.08.2019 To: David Stoneback, Public Works Agency Director Lara Biggs, P.E. Bureau Chief – Capital Planning / City Engineer Rajeev Dahal, Senior Project Manager - Transportation From: Tammi Nunez, Purchasing Manager Subject: Main Street Corridor Improvement Project, RFP 16-47 Date: April 8, 2019 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to the Main Street Corridor Improvement Project, RFP 16-47, Stanley Consultants, Inc., total base bid is $269,282.00 and they will receive 10% credit for compliance towards the M/W/EBE goal. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Interra, Inc. 600 Territorial Drive, Suite G Bolingbrook, IL 60440 Consultant $24,365.00 % X Environmental Design International 33 W. Monroe Street, Ste.1825 Chicago, IL 60603 Design $2,647.00 % X Total M/W/EBE $27,012.00 10% Stanley Consultants is requesting to receive a waiver for the remaining 15% of the MWEBE goal, citing it is impractical due to the scope of work for construction management. CC: Hitesh Desai, Chief Financial Officer Memorandum 152 of 921 For City Council meeting of April 8, 2019 Item A9 Business of the City by Motion: Single Source Contract for Pavement Patching For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Edgar Cano, Public Services Bureau Chief Subject: Single Source Pavement Patching Contract Award Date: March 14, 2019 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a one year single source contract for pavement patching with J. A. Johnson Paving Company (1025 E. Addison Ct., Arlington Heights, Illinois) in the amount of $650,000. Funding Source: Funding will be from the Capital Improvement Fund 2019 General Obligation Bonds (Account 415.40.4119.65515 – 419009). $600,000 is allocated for pavement patching in this account. The additional $50,000 funding is available due to a reduced scope of work for pavement rejuvenation which is budgeted at $100,000. Based on field inspections only $50,000 will be needed for this work in 2019. Livability Benefits: Built Environment – Enhance Public Spaces Climate & Energy – Reduce Material Waste Health & Safety – Enhance Resiliency to Natural & Human Hazards Background Information: In April 2015, Evanston partnered with staff from the Municipal Partnership Initiative (MPI) to solicit bids for pavement patching services. The contract was for a one-year period with the option of three 1-year extensions, which ended in 2018. The lowest qualified bidder was J.A Johnson Paving with a 2015 per square yard unit price of $22.25. Due to the patching quantity of work in Evanston, J.A. Johnson agreed to hold their 2015 prices for 2016, 2017, 2018, and once again for this year of 2019. As comparison, in 2014 the City of Evanston paid $25.50 per square yard for the patching program. Memorandum 153 of 921 City staff carefully considers the use of the Cooperative Bidding Programs when it is advantageous and cost effective. During the 2019 MPI project discussion meeting it was discovered that the asphalt patching project bid size of all other participating communities (excluding Evanston) was just under $200,000, a third of Evanston’s $600,000 budgeted amount. Additionally, as of March 8th, the Municipal Partnership Initiative had not let a bid for this contract. That negatively impacts and interferes with Evanston’s regular pavement patching schedule which begins early in the spring season in order to have other contracts such as crack sealing and pavement markings follow, as makes operational sense. Therefore, given the low joint bid quantity, the recent increases to the cost of petroleum and hot mix asphalt in 2018/19, and MPI Bid schedule, staff recommends not participating in bidding this project in 2019 and recommends City Council to approve a one year single source contract for pavement patching with J.A. Johnson Paving Company of Arlington Heights. The contract will allow the City to provide asphalt patching of approximately 29,200 square yards of distressed pavement areas throughout the City for the amount of $650,000. Last year 27,000 square yards were patched as a part of this program for a budgeted amount of $600,000. A preliminary map of patching locations is enclosed. Additional locations may be added or subtracted as conditions require and budget allows. Legislative History: The original 2015 Supplemental Patching Contract was approved by the City Council on June 22, 2015. The first of three possible contract extensions was approved by the City Council on February 22, 2016. The second of three possible contract extensions was approved by the City Council on March 13, 2017. The third of three possible contract extensions was approved by the City Council on March, 12, 2018 Attachments: Preliminary map of patching locations Letter from J.A. Johnson Paving Company confirming 2019 pricing 154 of 921 ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !NORTH SHORE CHANNELNORTH SHORE CHANNELLAKEMICHIGANMcCORMICK BLVDSH E R IDAN RD PARK PL ASHLAND AVEDODGE AVEHURD AVEGIRARD AVELEE STOAK AVE SHERIDAN PL RIDGE CTG R E E N B A Y R D THAYER ST PRATT CTGRANT JENKS ST HAVEN ST PAYNE ST LEON PL P O P L A R A V E GREY AVEHARRISON ST PR A I R I E A V E REBA PL COLFAX ST LEMAR AVEMARCY AVEDAVIS ST MAPLE AVEHARTZELL ST LIBRARY PL SIMPSON ST CLYDE AVEBROWN AVEGREELEYPITNER ALYLAUREL AVEHINMAN AVEDEWEY AVEEWING AVECOWPER AVEKIRK STHOVLAND CTJUDSON AVEGARRETT PLARBORLN FOREST AVEINGLESIDE PK GREY AVEST. MARK'S CTEMERSON ST CAMPUS DRSHERMAN AVEWILDER ST MILBURN PKGARRISON AVETHELIN CT FOREST PLASBURY AVEMICHIGAN AVEWESLEY AVELELAND AVECENTRAL ST CALLAN AVERIDGE TER HULL TER HOWARD ST ISABELLA ST GROSS POINT RDCUSTER AVEEMERSON ST LYONS ST FOWLER AVECLARK S T DARROW AVEPIONEER RDHASTINGS AVEHARTREY AVEBRUMMEL STPRINCETON AVEPROSPECT AVEHAMLIN ST PAYNE ELM AVECASE PLRIDGEWAY AVEMULFORD ST MICHIGAN AVELAWNDALE AVECHURCH S T CRAIN ST DEMPSTER STJACKSON AVEKEDZIE ST CLINTON PL McDANIEL AVEELMWOOD AVESEWARD ST ROSLYN P L E A S T R A I L R O A D A V E FLORENCE AVEBENSON AVESHERMAN PL CULVER FORESTVIEW RDMARTHA LNHAWTHORNE LN WADE CT BROWN AVECROFT LN COLFAX TER BROWNGREYBRI D G E ST CALVIN CIR BROWN AVERICHMOND AVENORMANDY PL WOODLAND RD ELINOR PL KEENEY ST SOUTH BLVD HAMILTON ST GREENWOOD ST UNIVERSITY PLREESE AVEAUTOBARN PL GAFFIELD PLLINCOLNWOOD DRCRAWFORD AVELEONARD PLCENTRAL PARK AVEBENNETT AVEMADISON PL BRADLEY PL GREENLEAF STWALNUT AVEROSALIE ST BURNHAM PL WARREN STLIVINGSTON WASHINGTON ST CLEVELAND ST MONTICELLO PL NATHANIEL PL HARVARD TERWOODBINE AVEMAPLE AVEDOBSON STDEWEY AVEDARROW AVEDEWEY AVEINGLESIDE PL RIDGE AVEASBURY AVEFOWLER AVEHARTREY AVECASE ST SOUTH BLVD ASHLAND AVESHERMAN AVELYONS ST STE W A R T A V EMARCY AVEWELLINGTON CTCLEVELAND ST MONROE ST LINDEN PL LAKE SHORE BLVDKNOX CIRHILLSIDE LN TRINITY CT SHERIDAN SQEDGEMERE CTG R E E N B A Y R D GARNETT PL CENTRAL ST HARRISON RIDGEAVEPAYNE ST WESLEY AVECHURCH ST HARTZELL ST P R A I R I E A V E DODGE AVEOAKTON ST SOUTH BLVD CRAINMcDANIEL AVEPITNER AVELEE ST ASHLAND AVEGROVE ST FOSTER ST ASBURY AVEBARTON AVEGRANT ST BRYANT AVEJUDSON AVESHERMAN AVECOLFAX ST ISABELLA ST DAVIS ST MAIN ST RIDGE AVEASBURY AVET H A Y E R C T THAYER ST ISABELLA ST HAYES DARTMOUTH PL COLFAX PL THAYERTHAYERST C R A W F O R D LINCOLNWOOD DRLIVINGSTON ST CHANCELLOR ST CHANCELLORLIVINGSTON MILBURN ST LAKESIDE CT EUCLIDPARK PL WESLEYCLARK STLYONS ST GREY AVEDEWEY AVEPAYNE ST MAIN STDODGE AVECENTRAL ST McDANIEL AVEEWING AVESHERIDAN RDBRUMMEL STPITNER AVELINCOLN ST HINMAN AVE SEWARD ST WESLEY AVECENTRAL ST KEENEY ST RIDGE AVEOAK AVEJACKSONSHERMAN AVEDOBSON ST LINCOLN ST SEWARD STDARROW AVEGREY AVEPARK PL NOYES ST LAKE ST THAYER ST WASHINGTON ST LAKE STMcDANIEL AVEBROWN AVEAUSTIN STASHLAND AVEWESLEY AVETECH DR NOYES CTHAMPTON PKYOTTO LNBERNARD PLMEADOW-LARK LNRIDGE AVEELGI N R D ELMWOOD AVECOLFAX ST HINMAN AVESIMPSON ST WESLEY AVEOAKTON ST SHERIDAN RD SHERIDAN RD DEMPSTER ST GREY AVELEE ST SIMPSON ST CHICAGO AVECHICAGO AVEBENNETT AVEMADISON ST KEENEY STOAKRIDGE AVESHERIDAN RDGRANT ST ASBURY AVEGROVE S T ELG I N R D FLORENCE AVEFOREST AVEDODGE AVEFOSTER ST MULFORD ST GREENLEAF ST HILLSIDE RD HARTREY AVEHARTREY AVEGREY AVEARNOLD PLPITNER AVELINCOLN ST McCORMICK BLVDFOSTER STGREENWOOD ST CALLANPARK PL JUDSON AVE NOYES ST DARROW AVEASHLAND AVEHARRISON ST HOWARD ST NOYES GLENVIEW RD PRINCETONCLIFFORD ST HIGHLAND AVELAWNDALE AVEDARTMOUTH PL ARTSCIRCLE DRORRINGTON AVEEASTWOOD AVEBROADWAY AVEWASHINGTON ST NORTHWESTERNPL DRYDEN PL 700400 500300600 800200 900 1002600 1700 310012001900 1000 130014002200 2300 11001800280015003600 20002400 2700 34002100 250029001600300032003300 300600 2800 1900 1000 2700 400 2500 1400 800 1700 1600 700220024001400 200500 140020023002000 700 8002600 1200 22001500 16001200100 150013001002900190010005002100 220024001100 1100 2001300 28001000120026001500 2300 1800 2000700 300 900600400240025002000 13001800 300 800 6001100100 500 25002700 1600 17003500260017001800900190090021002300210040038003700!Patching Spots (contracted) Main Road Local Street Railroad Water City Boundary 0 0.5 10.25 Mile 1:31,680 1 inch = 0.5 mile Potential Areas for 2019 Pavement Patching 3/29/2019 This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. Patching2019Map.mxd ´ 155 of 921 156 of 921 For City Council meeting of April 8, 2019 Item A10 Business of the City by Motion: Debris Hauling Contract For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Edgar Cano, Public Services Bureau Chief Subject: 2019 Debris Hauling Contract Date: March 13, 2019 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a one-year contract for debris hauling with G & L Contractors (7401 N St. Louis Ave Skokie, IL) in the amount of $70,000. This contract award is part of a bid let by the Municipal Partnering Initiative (MPI). Funding Source: Funding for this purchase will be provided by three separate funds as shown in the table below. Fund Account FY 2019 Budget Unencumbered Balance Contract Amount Water 510.40.4540.62415 $38,000 $38,000 $33,000 Sewer 515.40.4530.62415 $38,000 $38,000 $33,000 General 100.40.4510.62415 $45,000 $45,000 $ 4,000 Total $70,000 Livability Benefits: Built Environment: Enhance Public Spaces Climate & Energy: Reduce Material Waste Memorandum 157 of 921 Background Information: The City of Evanston’s Public Works Agency performs numerous activities throughout the year including water, sewer, and pavement repairs. These activities create debris/spoils which must be hauled and disposed of properly. These hauling and disposal services are contracted out as it benefits City operations and finances. In 2019, as in past years, the City of Evanston participated in the Municipal Partnership Initiative (MPI) to attempt to secure lower per unit pricing. In February 2019 the MPI let a bid for debris hauling in which G & L Contractors were found to be the lowest responsible bidder. The contract term was for one year with a possible one-year contract extension. G & L Contractors have been awarded hauling contracts by the City of Evanston in past years and have performed in a professional and reliable manner. Analysis: G&L contractors were the successful bidders of the 2019 contract as well as the previous year. Below is the cost comparison from last year’s unit pricing and how it compares to this year’s. Item Description Est. Quantity 2018 G&L Price 2019 G&L Price Mixed spoils 240 truck loads $350 per load $270 per load Broken concrete 5 truck loads $275 per load $200 per load Broken asphalt 20 truck loads $350 per load $200 per load As noted, there are significant cost savings over last year’s prices. Staff recommends participation in the Municipal Partnership Initiative for debris hauling services in 2019 and awarding the contract to G & L Contractors, the successful bidder of the MPI contract. Legislative History: The City Council approved debris hauling contracts with G & L Contractors in 2016, 2017, and 2018. Attached: 2019 Bid tab 158 of 921 Item Number Item Description Unit G&L Contractors Martam Construction Utility Transport Services 1 CA-7 Crushed Aggregate Virgin Crushed Limestone Delivered Ton Delivered $21.50 $34.00 $27.95 2 CA-7 (3/4) Chip (no fines)Ton Delivered $21.50 $36.00 $27.95 3 CA-6 Crushed Aggregate Stone Delivered Ton Delivered $16.40 $31.00 $23.80 4 Pulverized Top Soil Delivered 21-ton Truckload $400.00 $500.00 $475.00 5 FA-2 Torpedo Sand Delivered Ton Delivered $15.50 $29.00 $22.00 6 FA-6 Clean Brown Beach Sand Ton Delivered $40.00 $38.00 $22.00 7 3/4 inch diameter Wash Stone Ton Delivered $25.00 $34.00 $27.95 8 Hauling of Spoil 21-ton Truckload $270.00 $400.00 $349.86 9 Hauling of Spoil – Concrete Only 21-ton Truckload $200.00 $350.00 $274.89 10 Hauling of Spoil - Asphalt Only 21-ton Truckload $200.00 $450.00 $349.86 11 Hauling of Street Sweeping Debris 21-ton Truckload $600.00 $600.00 $1,050.00 $1,809.90 $2,502.00 $2,651.26 159 of 921 For City Council meeting of April 8, 2019 Item A11 Business of the City by Motion: Granular Materials Contract For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director, Public Works Agency Edgar Cano, Public Services Bureau Chief Subject: 2019 Granular Materials Purchase Contract Date: March 13, 2019 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a one-year contract for the purchase of Granular Materials with G & L Contractors (7401 N. St. Louis Ave, Skokie, IL) in the amount of $28,200. This contract award is part of a bid let by the Municipal Partnering Initiative (MPI). Funding Source: Purchase of materials under this contract will be funded as follows: Fund Account FY 2019 Budget Unencumbered Balance Contract Amount Water 510.40.4540.65055 $150,000 $140,400 $14,100 Sewer 515.40.4530.65055 $ 43,000 $ 33,400 $14,100 Total $28,200 Livability Benefits: Built Environment – Enhance Public Spaces Natural Systems – Create and Maintain Green Infrastructure Summary: The City of Evanston has partnered with other north shore and northwest suburban communities to collectively let bids for a wide range of municipal services and materials. Participation in these collective bids has provided the City cost savings for the past several years on contracts such as this. In February of 2019, a bid was let for a contract term of one year with a possible one year extension. Memorandum 160 of 921 The Granular Materials contract provides for the purchase of bulk granular materials for use by the Water and Sewer Divisions. The materials being purchased are used in conjunction with the maintenance and repair of the water distribution system and the sewer conveyance system throughout the City of Evanston. Analysis: Below is a cost comparison of the three bid participants, showing G&L Contractors as the lowest bidder. Description Estimated QTY G & L Contractors Martam Construction Utility Transport Limestone CA-6 1,500 tons $16.40 ton $31.00 ton $23.80 ton Wash stone, ¾” 50 tons $25.00 ton $34.00 ton $27.95 ton Fine sand 150 tons $15.50 ton $29.00 ton $22.00 ton Total $28,175 $52,550 $40,398 Staff recommends participation in the Municipal Partnership Initiative for Granular Materials and delivery services in 2019 and approving a contract with G & L Contractors, the successful bidder of the MPI contract. Legislative History: G& L Contractors were the previous successful bidders of this contract and were awarded contracts in 2016, 2017, and 2018 Attached: 2019 Bid tab 161 of 921 Item Number Item Description Unit G&L Contractors Martam Construction Utility Transport Services 1 CA-7 Crushed Aggregate Virgin Crushed Limestone Delivered Ton Delivered $21.50 $34.00 $27.95 2 CA-7 (3/4) Chip (no fines)Ton Delivered $21.50 $36.00 $27.95 3 CA-6 Crushed Aggregate Stone Delivered Ton Delivered $16.40 $31.00 $23.80 4 Pulverized Top Soil Delivered 21-ton Truckload $400.00 $500.00 $475.00 5 FA-2 Torpedo Sand Delivered Ton Delivered $15.50 $29.00 $22.00 6 FA-6 Clean Brown Beach Sand Ton Delivered $40.00 $38.00 $22.00 7 3/4 inch diameter Wash Stone Ton Delivered $25.00 $34.00 $27.95 8 Hauling of Spoil 21-ton Truckload $270.00 $400.00 $349.86 9 Hauling of Spoil – Concrete Only 21-ton Truckload $200.00 $350.00 $274.89 10 Hauling of Spoil - Asphalt Only 21-ton Truckload $200.00 $450.00 $349.86 11 Hauling of Street Sweeping Debris 21-ton Truckload $600.00 $600.00 $1,050.00 $1,809.90 $2,502.00 $2,651.26 162 of 921 For City Council meeting of April 8, 2019 Item A12 Business of the City by Motion: Crack Sealing Program For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director, Public Works Agency Edgar Cano, Public Services Bureau Chief Subject: Crack Sealing Program Contract 2019 Date: March 14, 2019 Recommended Action: Staff recommends City Council authorize the City Manager to execute a one-year contract for crack sealing services with Patriot Pavement Maintenance (825 Segers Rd., Des Plaines, IL 60016), in the amount of $80,000. This contract award is part of a bid let by the Municipal Partnering Initiative. Funding Source: Funding for this work will come from the General Fund (Account 100.40.4510.62509), with a budget of $80,000. The account has a remaining balance of $80,000. Livability benefits: Built environment: Enhance Public Spaces Climate & Energy: Reduce Material Waste Background: Ten years ago, the Public Works Agency implemented a crack sealing program designed to extend the life of recently resurfaced streets in Evanston. Crack sealing is typically performed three to five years after the street is resurfaced. Cracks develop on the street surface due to the weather conditions and the composite material pavement section. The cracks need to be sealed as they develop to prevent moisture and road salt from seeping into the base, which can lead to potholes and more serious road failures. The streets to be sealed each year are selected based on available funding, previous resurfacing years, and road condition surveys conducted in the field by Public Works Agency staff. As was successfully completed in past years, the City has partnered with other north shore and northwest suburban communities under the Municipal Partnership Initiative. As a result of the partnership, a bid was let in February 2019 and Patriot Pavement Memorandum 163 of 921 Maintenance Inc. was found to be the lowest responsible bidder. The term of the contract is for one year with possible two additional one-year extensions. Bid Summary: 2019 pricing is highlighted yellow. BIDDER Crack Sealant 1 year (2019) Crack Sealant 2 year (2020) Crack Sealant 3 year (2021) SKC Construction West Dundee, IL $1.35 lb. $1.41 lb. $1.45 lb. Denler Inc. Mokena, IL $1.255 lb. $1.29 lb. $1.33 lb. Patriot Pavement Des Plaines, IL $1.15 lb. $1.19 lb. $1.21 lb. Staff recommends awarding the crack sealing contract to Patriot Pavement Maintenance, the successful bidder of the MPI contract. Evaluation of streets has been completed and enclosed is the preliminary list of streets to be crack sealed as a part of the 2019 program. Additional streets may be added as funding allows. Priority locations for crack sealing this year include: Street From: To: Central Central Park Cowper Central Sheridan Sherman Dodge Lake Dempster Dodge Emerson Simpson Foster Maple Sherman Clark Chicago Orrington Lake Pitner McDaniel Greenleaf Chicago Hinman Washington Custer Chicago City Hall Parking Lot N/A N/A Levy Center Parking Lot N/A N/A Secondary locations for crack sealing this year include: Street From: To: Ashland Main Lee South Blvd Florence Wesley Ashland Mulford North of Kirk Marcy Colfax Grant Lee Pitner McDaniel Forestview Simpson Grant Keeney Hinman Sheridan Lee Hinman Forest Elmwood Lee Crain 164 of 921 Austin Ridge Custer Washington Custer Chicago McDaniel Church Lake Legislative History: City Council approved crack sealing contracts with Patriot Pavement in 2016, 2017, and 2018. Attached: 2019 Bid Sheet 165 of 921 VILLAGE OF ARLINGTON HEIGHTS, EVANSTON, GLENVIEW, MT. PROSPECT, NORTHBROOK, ROLLING MEADOWS, SKOKIE AND KENILWORTH Bid Tabulation Sheet 2019 CRACK SEALING PROGRAM The following bids were publicly opened on March 12, 2019, at 11:00 A.M., in the Village of Arlington Heights Municipal Building, 33 S. Arlington Heights Road, Arlington Heights, Illinois 60005. BIDDER Bid Bond Hot Poured Joint Sealer 1 year Hot Poured Joint Sealer 2 year Hot Poured Joint Sealer 3 year Fiber Modified 1 year Fiber Modified 2 year Fiber Modified 3 year SKC Construction West Dundee, IL Yes 1.35 lb.$1.41 lb.$1.45 lb.1.27 lb.1.32 lb.1.40 lb. Denler Inc. Joliet, IL Yes 1.255 lb.1.29 lb.1.33 lb 1.42 lb.1.45 lb.1.48 lb. Patriot Pavement Des Plaines, IL Yes 1.15 lb.1.19 lb.1.21 lb.1.18 lb.1.19 lb.1.21 lb. Notice: This is a preliminary summary of the bids as they were opened and announced at the bid opening. Bid prices have not been verified and are subject to change in the event mathematical errors are discovered during bid review. Other information contained in this summary is also subject to review. 166 of 921 For City Council meeting of April 8, 2019 Item A13 Business of the City by Motion: Pavement Marking Program For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director, Public Works Agency Edgar Cano, Public Services Bureau Chief Subject: 2019 Pavement Marking Program Contract Date: March 27, 2019 Recommended Action: Staff recommends City Council authorize the City Manager to execute a one-year contract for pavement markings with Precision Pavement Markings, Inc. (P.O. Box 705 Elgin IL 60123) in the amount of $110,000. This contract is part of a bid let by the Municipal Partnering Initiative (MPI). Funding Source: Funding for this work will come from the Capital Improvement Fund 2019 General Obligation Bonds (Account 415.40.4119.65515-419019), with a budget of $210,000, all of which is remaining. Livability Benefits: Built Environment: Enhance Public Spaces, Promote Diverse Transportation Modes Background: The Pavement Marking Program is an annual maintenance program which involves the striping and re-striping of pavement markings on City roads and lots which have faded due to traffic and other factors. Thermoplastic is the material used for the majority of pavement markings in the City. Thermoplastic has, in most cases, a four to five year life expectancy before it needs to be refreshed. Based on this, staff divided the City into five geographic sections with a revolving five year maintenance schedule. Organizing the Pavement Marking Program by sections allows staff to field evaluate and inspect the markings thoroughly. Budgeted resources can then be focused in a specific area raising and maintaining the level of service City wide. City staff maintains flexibility to handle any “hot spots” that develop outside the program schedule. Memorandum 167 of 921 In March of 2019, as in past years, the City of Evanston participated in the Municipal Partnership Initiative (MPI) to attempt to secure lower per unit pricing. The lowest qualified bidder for 2019 was found to be Precision Pavement Markings, Inc. The contract term is understood to be for a one (1) year period with possible two (2) additional one (1) year period extensions. Below is a bid summary of services. Bid Summary from 2019: Description Unit Precision Pavement Markings Marking Specialists Corporation Thermoplastic 4” line L.F. $0.54 $0.72 Thermoplastic 6” line L.F. $0.79 $1.14 Thermoplastic Letters/symbols S.F. $3.89 $3.25 Pavement Marking Removal S.F. $0.25 $1.95 Grooving - recessed markings 5” L.F. $0.75 $0.50 This is a Quantity Based contract. Payment to the contractor is based on the quantity of the work completed using the table above to calculate the costs. The pavement marking contract will not exceed the budgeted amount of $110,000. Legislative History: City Council approved the 2016 pavement marking contract with Precision Pavement Markings, the successful bidder of the 2016 MPI bid; as well as one year contract extensions in 2017 and 2018. Attachments: Pavement Marking Schedule Map 168 of 921 McCORMICK BLVDSH E R IDAN RD PARK PL ASHLAND AVEDODGE AVEHURD AVEGIRARD AVELEE STOAK AVESHERIDAN PL RIDGE CTG R E E N B A Y R D THAYER ST PRATT CTGRANT JENKS ST HAVEN ST PAYNE ST LEON PL P O P L A R A V E GREY AVEHARRISON ST PR A I R I E A V E REBA PL COLFAX ST LEMAR AVEMARCY AVEDAVIS ST MAPLE AVEHARTZELL ST LIBRARY PL SIMPSON ST CLYDE AVEBROWN AVEGREELEYPITNER ALYLAUREL AVEHINMAN AVEDEWEY AVEEWING AVECOWPER AVEKIRK STHOVLAND CTJUDSON AVEGARRETT PLARBORLN FOREST AVEINGLESIDE PK GREY AVEST. MARK'S CTEMERSON ST CAMPUS DRSHERMAN AVEWILDER ST MILBURN PKGARRISON AVETHELIN CT FOREST PLASBURY AVEMICHIGAN AVEWESLEY AVELELAND AVECENTRAL ST CALLAN AVERIDGE TER HULL TER HOWARD ST ISABELLA ST GROSS POINT RDCUSTER AVEEMERSON ST LYONS ST FOWLER AVECLARK S T DARROW AVEPIONEER RDHASTINGS AVEHARTREY AVEBRUMMEL STPRINCETON AVEPROSPECT AVEHAMLIN ST PAYNE ELM AVECASE PLRIDGEWAY AVEMULFORD ST MICHIGAN AVELAWNDALE AVECHURCH S T CRAIN ST DEMPSTER STJACKSON AVEKEDZIE ST CLINTON PL McDANIEL AVEELMWOOD AVESEWARD ST ROSLYN P L E A S T R A I L R O A D A V E FLORENCE AVEBENSON AVESHERMAN PL CULVER FORESTVIEW RDMARTHA LNHAWTHORNE LN WADE CT BROWN AVECROFT LN COLFAX TER BROWNGREYBRI D G E ST CALVIN CIR BROWN AVERICHMOND AVENORMANDY PL WOODLAND RD ELINOR PL KEENEY ST SOUTH BLVD HAMILTON ST GREENWOOD ST UNIVERSITY PLREESE AVEAUTOBARN PL GAFFIELD PLLINCOLNWOOD DRCRAWFORD AVELEONARD PLCENTRAL PARK AVEBENNETT AVEMADISON PL BRADLEY PL GREENLEAF STWALNUT AVEROSALIE ST BURNHAM PL WARREN STLIVINGSTON WASHINGTON ST CLEVELAND ST MONTICELLO PL NATHANIEL PL HARVARD TERWOODBINE AVEMAPLE AVEDOBSON STDEWEY AVEDARROW AVEDEWEY AVEINGLESIDE PL RIDGE AVEASBURY AVEFOWLER AVEHARTREY AVECASE ST SOUTH BLVD ASHLAND AVESHERMAN AVELYONS ST STE W A R T A V EMARCY AVEWELLINGTON CTCLEVELAND ST MONROE ST LINDEN PL LAKE SHORE BLVDKNOX CIRHILLSIDE LN TRINITY CT SHERIDAN SQEDGEMERE CTG R E E N B A Y R D GARNETT PL CENTRAL ST HARRISON RIDGEAVEPAYNE ST WESLEY AVECHURCH ST HARTZELL ST P R A I R I E A V E DODGE AVEOAKTON ST SOUTH BLVD CRAINMcDANIEL AVEPITNER AVELEE ST ASHLAND AVEGROVE ST FOSTER ST ASBURY AVEBARTON AVEGRANT ST BRYANT AVEJUDSON AVESHERMAN AVECOLFAX ST ISABELLA ST DAVIS ST MAIN ST RIDGE AVEASBURY AVET H A Y E R C T THAYER ST ISABELLA ST HAYES DARTMOUTH PL COLFAX PL THAYERTHAYERST C R A W F O R D LINCOLNWOOD DRLIVINGSTON ST CHANCELLOR ST CHANCELLORLIVINGSTON MILBURN ST LAKESIDE CT EUCLIDPARK PL WESLEYCLARK STLYONS ST GREY AVEDEWEY AVEPAYNE ST MAIN STDODGE AVECENTRAL ST McDANIEL AVEEWING AVESHERIDAN RDBRUMMEL STPITNER AVELINCOLN ST HINMAN AVE SEWARD ST WESLEY AVECENTRAL ST KEENEY ST RIDGE AVEOAK AVEJACKSONSHERMAN AVEDOBSON ST LINCOLN ST SEWARD STDARROW AVEGREY AVEPARK PL NOYES ST LAKE ST THAYER ST WASHINGTON ST LAKE STMcDANIEL AVEBROWN AVEAUSTIN STASHLAND AVEWESLEY AVETECH DR NOYES CTHAMPTON PKYOTTO LNBERNARD PLMEADOW-LARK LNRIDGE AVEELGI N R D ELMWOOD AVECOLFAX ST HINMAN AVESIMPSON ST WESLEY AVEOAKTON ST SHERIDAN RD SHERIDAN RD DEMPSTER ST GREY AVELEE ST SIMPSON ST CHICAGO AVECHICAGO AVEBENNETT AVEMADISON ST KEENEY STOAKRIDGE AVESHERIDAN RDGRANT ST ASBURY AVEGROVE S T ELG I N R D FLORENCE AVEFOREST AVEDODGE AVEFOSTER ST MULFORD ST GREENLEAF ST HILLSIDE RD HARTREY AVEHARTREY AVEGREY AVEARNOLD PLPITNER AVELINCOLN ST McCORMICK BLVDFOSTER STGREENWOOD ST CALLANPARK PL JUDSON AVE NOYES ST DARROW AVEASHLAND AVEHARRISON ST HOWARD ST NOYES GLENVIEW RD PRINCETONCLIFFORD ST HIGHLAND AVELAWNDALE AVEDARTMOUTH PL ARTSCIRCLE DRORRINGTON AVEEASTWOOD AVEBROADWAY AVEWASHINGTON ST NORTHWESTERNPL DRYDEN PL NORTH SHORE CHANNELNORTH SHORE CHANNELLAKEMICHIGAN700400 500300600 800200 900 1002600 1700 310012001900 1000 130014002200 2300 11001800280015003600 20002400 2700 34002100 250029001600300032003300 300600 2800 1900 1000 2700 400 2500 1400 800 1700 1600 700220024001400 200500 140020023002000 700 8002600 1200 22001500 16001200100 150013001002900190010005002100 220024001100 1100 2001300 28001000120026001500 2300 1800 2000700 300 900600400240025002000 13001800 300 800 6001100100 500 25002700 1600 170035002600170018009001900900210023002100400380037002020 2017 2018 2016 2016 2017 2019 20192018 Pavement Marking Schedule 5/3/2016 This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. PavementMarkingScheduleMap.mxd ´ City of Evanston Department of Public Works Scheduled Year 2016 2017 2018 2019 2020 Main Road Local Street Railroad Water City Boundary 0 0.5 10.25 Mile 169 of 921 For City Council meeting of April 8, 2019 Item A14 Business of the City by Motion: Streetscape & Rain Garden Landscape For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director, Public Works Agency Paul D’Agostino, Environmental Services Coordinator Subject: Streetscape and Rain Garden Landscape Maintenance Date: April 1, 2019 Recommended Action Staff recommends City Council authorize the City Manager to execute a contract award for the 2019 Streetscape and Rain Garden Landscape Maintenance and plant replacements to the low bidder, Herrera Landscape and Snow Removal, Inc., Evanston, IL, in the amount of $56,920.00. Funding Source Funding for this project is from two sources. $38,420.00 will come from the proposed FY 2019 Public Works General Fund budget (100.40.4330.62195) which has a total allocation of $142,000.00. The remaining $15,500 specifically for Rain Garden Maintenance will come from Sewer Maintenance Contracts (515.40.4530.62461) which has a total allocation of $50,000.00. Livability Benefits: Built Environment: Enhance public spaces Natural Systems: Create and maintain green infrastructure Natural Systems: Prevent and manage invasive species Summary The City has been contracting out the landscape maintenance of various streetscapes and planting areas for many years. These contracts were typically under $20,000 each year, so City Council approval was not required. Over the past few years, other landscape improvements have been installed around the City which require regular maintenance during the growing season. These new landscape improvements include the Lorraine H. Morton Civic Center parking lot islands and three adjacent rain gardens, the plantings along the Hartrey Avenue wall adjacent to the Target store on Howard Street, two rain gardens adjacent to the Ecology Center, a rain garden in James Park Memorandum 170 of 921 along Oakton Street, a rain garden in City parking lot #32 in the 800 block of Hinman Avenue, and additional sidewalk planters on Chicago Avenue both north and south Of Main Street. Staff made the decision to combine all these new planting areas with the previously contracted locations of the streetscapes on Main Street and Howard Street, the Callan Avenue Metra embankment, and the 58 corner and cul-de-sac plantings in numerous locations surrounding the Dempster - Dodge shopping plaza. Bids for the landscape maintenance of all of these areas were opened and publicly read on March 26, 2019. The bid package was advertised in Pioneer Press, and direct invitations to bid were sent to several Evanston based landscape companies, as well as fifteen other Landscape companies, but only three bids were received. This contract is for one year of maintenance of tall locations. The 2019 bid includes two optional one-year contract renewals, with the recommendation of award to be based on the performance of the contractor during the 2019 season and the approval of sufficient funding in FY 2020 and FY 2021. The scope of maintenance work for all areas involves a spring and fall cleanup; weekly litter and debris cleanups from April through December; annual mulching and fertilization, weed/insect/disease control; tree and shrub pruning as needed; grass cutting, three seasonal flower plantings through the growing season; sidewalk power washing; and seasonal watering of all plantings as needed. The rain garden maintenance also includes the maintenance of water flow both into and out of each site as well as water infiltration monitoring. The results of the bids received are as follows: Bidder City/Sate 2019 Bid 2020 Bid 2021 Bid Landscape Concepts Management, Inc. Grayslake, IL $81,715.00 $81,715.00 $81,715.00 KGI Landscaping Skokie, IL $74,400.00 $74,400.00 $74,400.00 Herrera Landscape and Snow Removal, Inc. Evanston, IL $53,920.00 $53,920.00 $53,920.00 Staff conducted site inspections prior to the bid opening to determine plant replacement requirements for 2019. Based on this inspection, an allowance of $3,000 will be added to the bid total above. This allowance will be used to have the contractor purchase and install new plants where necessary at any of the locations under this contract based on plant prices submitted as a part of the bid. Attachments: Memo on M/W/EBE Compliance, dated 4/8/2019 171 of 921 Streetscape and Rain Garden Landscape Maintenance, Bid 19-14, M/W/EBE Memo 04.08.2019 To: David Stoneback, Public Works Agency Director Paul D’Agostino, Environmental Services Coordinator From: Tammi Nunez, Purchasing Manager Subject: Streetscape and Rain Garden Landscape Maintenance, Bid 19-14 Date: April 8, 2019 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to the Streetscape and Rain Garden Landscape Maintenance, Bid 19-14, Herrera Landscape and Snow Removal, Inc., will self-perform 100% of the work. Herrera Landscape Snow Removal, Inc. located within 60203 zip code is not eligible to receive credit as an EBE (based on the City Ordinance Section1-17-1 C). However, Herrera Landscape Snow Removal, Inc. possesses a city business license based on taxes paid into Evanston school districts. CC: Hitesh Desai, Chief Financial Officer Memorandum 172 of 921 For City Council meeting of April 8, 2019 Item A15 Business of the City by Motion: Lakefront Concession Contract Renewal For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Lawrence C. Hemingway, Director, Parks, Recreation & Community Services Karen Hawk, Assistant Director, Parks, Recreation & Community Services Ray Doerner, Recreation Services Manager Subject: 2019 Lakefront Concession Contract Renewal with Krave Concession LLC Date: April 8, 2019 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a one year contract renewal between the City of Evanston and Krave Concession LLC for the Arrington Lagoon and Clark Street food & drink stand and the lakefront mobile concessions (Lighthouse, Clark St., Greenwood St., South Blvd. and Lee Street) for the 2019 season. Krave Concession LLC is owned by Brian Fogle, 5313 West 123rd Place, Alsip, Illinois 60803. Funding Source: Krave Concession LLC will pay the City $10,000 for the privilege of the 2019 permit. Revenue is budgeted in Business Unit 100.30.3080.53565 Lakefront Operations. The 2019 budget for concession permit revenue was projected at $10,000 and overall revenue for Lakefront Operations is $795,000. Livability Benefit: Economy and Jobs: Expand job opportunities and develop workforce. Summary: The term of the 2017 agreement included the option to renew their contract annually for up to two additional years. The lakefront mobile and Clark Street concession permit is from May 13, 2019 through September 2, 2019. The Arrington Lagoon Food & Drink Stand permit is from May 13, 2019 through October 31, 2019. Krave Concession will operate the Clark Street Beach and Mobile Lakefront Concessions daily from 11:30am to 6:00pm and the Arrington Lagoon location on weekdays from 11:00am to 6:30pm and weekends from 10:00 am to 7:00 pm, weather Memorandum 173 of 921 permitting. The vendor must minimally provide the following items for sale: snack goods (i.e., potato chips, candy bars and pretzels), ice cream, candy, water, soft drinks, and hot food, such as hot dogs and hamburgers. Also, in an effort to promote healthy lifestyle choices, the Parks, Recreation and Community Services Department staff has encouraged the concessionaire to provide several healthy foods and drink options, as well. In February 2017, staff solicited Evanston and non-Evanston vendors to submit proposals for the Church and Clark Street Food & Drink Stand and the Lakefront Mobile Concessions. The only proposal received was from Krave Concession LLC. Krave Concession LLC was first awarded the Lakefront Concession permit in 2009 and they have provided good services since first being awarded the permit. Mr. Fogle, the new owner of Krave Concession LLC since 2018, is very knowledgeable about concession operations and currently operates refreshment stands at three Chicago Park District sites. He is also committed to hiring Evanston residents for open positions. Attachment: Contract Agreement with Krave LLC 174 of 921 LAKEFRONT CONCESSION LEASE AGREEMENT BETWEEN THE CITY OF EVANSTON, LANDLORD AND KRAVE CONCESSION, TENANT 175 of 921 INDEX Section Title Page Number SECTION 1. DESCRIPTION OF PREMISES ........................................................................... 1 SECTION 2. TERM ................................................................................................................... 1 SECTION 3. RENT .................................................................................................................... 2 SECTION 4. COMMON FACILITIES ........................................................................................ 2 SECTION 5. USE OF PREMISES ............................................................................................ 4 SECTION 6. SIGNS .................................................................................................................. 6 SECTION 7. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS ............................................................................................................ 6 SECTION 8. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT ............................. 7 SECTION 9. REPAIRS AND MAINTENANCE ......................................................................... 8 SECTION 10. UTILITIES ............................................................................................................ 8 SECTION 11. TAXES ................................................................................................................. 8 SECTION 12. INSURANCE ........................................................................................................ 8 SECTION 13. SUBLETTING; ASSIGNMENT .......................................................................... 10 SECTION 14. SURRENDER OF PREMISES; HOLDING OVER ............................................. 10 SECTION 15. INDEMNIFICATION AND LIENS ....................................................................... 10 SECTION 16. LANDLORD’S RIGHT OF INSPECTION AND REPAIRS ................................. 11 SECTION 17. DEFAULT AND REMEDIES .............................................................................. 11 SECTION 18. REMOVAL OF OTHER LIENS .......................................................................... 12 SECTION 19. REMEDIES NOT EXCLUSIVE ........................................................................... 14 SECTION 20. EXPENSES OF ENFORCEMENT ..................................................................... 14 SECTION 21. EMINENT DOMAIN ............................................................................................ 14 SECTION 22. GOVERNMENTAL INTERFERENCE WITH POSSESSION ............................. 15 SECTION 23. PEACEFUL ENJOYMENT ................................................................................. 15 SECTION 24. EFFECT OF WAIVER OF BREACH OF COVENANTS .................................... 15 SECTION 25. AMENDMENTS TO BE IN WRITING ................................................................. 15 SECTION 26. PARTIES BOUND .............................................................................................. 15 SECTION 27. NOTICES ........................................................................................................... 16 SECTION 28. MISCELLANEOUS ............................................................................................ 16 SECTION 29. VENUE AND JURISDICTION ............................................................................ 17 SECTION 30. FORCE MAJEURE ............................................................................................ 17 176 of 921 1 This Lease Agreement (the “Agreement” or “Lease”) shall take effect as of the date of execution of the Agreement by the City (the “Effective Date”). This Lease is by and between The City of Evanston, an Illinois home rule municipality and owner of subject Property (“Landlord”), whose main business office is located at 2100 Ridge Avenue, Evanston, Cook County, Illinois, “Landlord”, and Krave Concession, LLC., an Illinois limited liability company d/b/a “Krave Concession (“Tenant”). Landlord and Tenant may be referred to collectively as the “Parties”. SECTION 1. DESCRIPTION OF PREMISES A. TENANT PREMISES. Landlord leases to Tenant and for its exclusive use the concession spaces located at 1631 Sheridan Road and 1811 Sheridan, Evanston, Illinois 60201 (the “Premises”), and located within the buildings commonly known as the Arrington Lagoon Building and the Clark Street Beach House (“Property”). Additionally, the city hereby grants to the tenant the use of a concession wagon space within the park area at Lighthouse Beach, Clark Street Beach, Greenwood Street Beach, Lee Street Beach and South Blvd. Beach for the sale of food and beverages known hereinafter collectively as “Concessions.” B. COMMON FACILITIES. The Property has various community programming for the Parks, Recreation and Community Services Department of the City of Evanston, and many other uses. The term “Common Facilities” as used in this Agreement will include those areas and facilities within the Property (outside of the Premises) for the nonexclusive use of Tenants in common with other authorized users, and includes, but is not limited to, café seating, patio seating, sidewalks, restrooms and open means of ingress and egress. Tenants will have the non-exclusive right to use the Common Facilities, including the washrooms referenced above. The Tenant may request for consideration to the Director of Park, Recreation and Community Services or his/her designee the use of the Arrington Lagoon party room for temporary overnight storage of equipment. If approved, the Tenant must adhere to the move in and move out time. Failure to comply will result in cancellation of this privilege. C. Menu The Tenant is expected to serve quality food and drinks to meet the needs of the visiting public. Simple menu items, such as sandwiches, hot dogs, nachos, and other snacks should be offered at competitive prices. Also, in an effort to promote healthy lifestyle choices, the Parks, Recreation and Community Services Department encourage the vendor to provide several healthy foods and drink options. Beverages should 177 of 921 2 include sodas, juice drinks, and bottled water. Alcoholic beverage sales are not permitted. D. Operation/Classification The Tenant must provide all equipment necessary to operate the Arrington Lagoon Food & Drink Stand, the Clark Street Food and Drink Stand and the mobile stands (trucks, trailers and pushcarts). The stands must adhere to state and local codes and be licensed with a City of Evanston Health Department License Permit prior to being placed in service. Stands will be allowed to park only in areas that have been pre-approved by the Director of the Parks, Recreation and Community Services Department. The Church Street Food & Drink Stand is classified as a Category II concession by the Evanston Health Department. E. Employees The Vendor shall, at their cost and expense, provide an adequate number of employees to serve the public promptly, efficiently, and in a manner satisfactory to the Director of Parks, Recreation & Community Services. All employees shall be clad in neat and clean uniforms with name tags. The Vendor shall employ only competent persons who perform satisfactorily. The Director of Parks, Recreation and Community Services shall notify the Vendor, in writing, when any person employed on the premises is incompetent, disorderly, unsanitary or otherwise unsatisfactory. In response, the Vendor must immediately take corrective action with the person, up to removal from performing under this contract (permanently). F. Meetings. Meetings shall be held as required at a City building and time to be designated and agreed upon mutually by the Tenant and the Director of Parks, Recreation & Community Services. The purpose of these meetings will include current operational problems, presentation of official requests for changes in schedules, accommodations, portions, products or policies and other pertinent business. The Director of Parks, Recreation and Community Services or designee(s) shall attend. The Tenant shall be represented at a minimum by one officer of the company, a partner if a partnership, or the owner, as applicable. 178 of 921 3 SECTION 2. TERM  TERM DEFINED: Contracted season of May 13 through October 31, 2019. The term of this Agreement will be for the 2019 season.  EVALUATION: At the end of the 2019 season, the Parties will meet to discuss the operations, hours of operation, special events, and any other operational concerns. A. EVENTS IN THE PREMISES AND PROPERTY: Tenant is not the exclusive caterer for City sponsored events at the Property. However, the City will seek to utilize Tenant for events during the Term. SECTION 3. RENT  RATE: Lessee will be subject to  In consideration for the use of the premises for the sale of concessions the Tenant agrees to the pay the $10,000 permit fee in four (4) equal payments. Payments will be due by the following dates: May 15, 2019, June 15, 2019, July 15, 2019 & August 15, 2019  A. PAYMENTS. The Rent outlined in Section 3[A] above shall be paid in accordance with said Section. B. Any and all Rent PAYMENTS under this Lease shall be mailed to: City of Evanston Parks, Recreation, and Community Services Department 2100 Ridge Avenue Evanston, IL 60201 SECTION 4. COMMON FACILITIES A. MAINTENANCE BY LANDLORD: Tenant acknowledges that it leases the Premises, Common Facilities and remainder of the Property in as-is condition, and acknowledge that the Landlord has made no representations to the condition or has made any repairs to same. The Landlord or Landlord’s staff or other representatives have made no representations or assurances that it will alter or remodel the Premises or Property. Landlord shall, when necessary, as determined by Landlord, in its reasonable discretion or when required by applicable laws, perform, repair and maintain all of the following: 179 of 921 4 1. Exterior maintenance, including the foundation, exterior walls, slab, common area doors and roof; 2. A refuse container to be shared by all tenants in the Property to be located at the Property in reasonable proximity to the Premises. Landlord will contract, to have trash hauled from such container with reasonable frequency; 3. Electric facilities and systems, gas facilities and systems and the HVAC unit(s) and systems (including the portions of such systems serving the Premises exclusively). However, Landlord will not upgrade electric facilities to accommodate an increased capacity due to Tenant’s use and any upgrade in electrical will be at the sole cost and expense of Tenant and any work performed shall be done in consultation and review by the Landlord prior to work; 4. Plumbing and water facilities and systems (including the portions of such systems serving the Premises exclusively). However, Landlord will not upgrade plumbing facilities to accommodate an increased capacity due to Tenant’s use and any upgrade in plumbing will be at the sole cost and expense of Tenant and any work performed shall be done in consultation and review by the Landlord prior to work; B. MAINTENANCE BY TENANTS: 1. All refuse from Premises to be placed in appropriate containers; 2. The Tenants will at all times maintain all of the Premises in a clean, neat and orderly condition. The Tenants will not use the Premises in a manner that will violate or make void or inoperative any policy of insurance held by the Landlord. The Tenants shall pay the Landlord for overtime wages for staff and for any other related expenses incurred in the event that repairs, alterations or other work in the Premises required or permitted hereunder are not made during ordinary Business Hours at the Tenant’s request. 3. Tenants will keep the interior non-structural portions of the Premises, including all interior, non-structural walls, surfaces and appurtenances (other than systems and any other items that Landlord is required to maintain pursuant to Section 4[A]), in good repair. Tenants shall be responsible for repairs, damages and losses for damages sustained outside the Premises to other Center property attributable to Tenant’s negligence or intentional misconduct. All such damage must be reported in writing to the Director of Parks, Recreation and Community 180 of 921 5 Services, or his/her designee, by the next City of Evanston business day, after discovery of such damage by Tenants. 4. Tenants are required upon lease termination to leave space in good repair and condition. Maintenance and repair issues which constitute a life and safety hazard must be corrected within twenty-four (24) hours after discovery by Tenants, provided that the issue can be fixed within that time frame. If the issue cannot be fixed within twenty-four (24) hours after discovery by Tenants, the Tenants must provide a schedule for repair within one (1) business day after discovery by Tenants to the Director of Parks, Recreation and Community Services for approval, which cannot be unreasonably withheld. SECTION 5. USE OF PREMISES A. PURPOSES: Tenant shall have the use of the premises solely for the purpose of purveying and selling of Concessions. B. HOURS OF OPERATION AND LANDLORD ACCESS:  Tenant shall have the right to conduct their business at Evanston beaches (Lighthouse, Clark St., Greenwood St., Lee St., and South Blvd.) from May 13, 2019 from approximately 10:30a.m. to 7:30p.m. until September 2, 2019. However, the parks may be used by the public during all hours that the parks are open; parks close at 11:00p.m. Concession services must be provided at all five of the swimming beaches.  Tenant shall at a minimum operate refreshment concession services on weekends at the Arrington Lagoon Food & Drink Stand between the hours of 10:00 a.m. and 5:00 p.m., weather permitting or during hours designated and agreed upon with the Director of the Parks, Recreation and Community Services Department. The Arrington Lagoon Food & Drink Stand can remain open until October 31, 2019. 1. The Landlord shall have the right to retain a set of keys to the Premises, and Tenants shall not change any locks for the Premises to any other lock, other than a lock consistent with the Landlord’s master lock for the Property. The Tenants shall permit the Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises concealed to the greatest extent possible, above ceiling, under floor or in walls that don’t reduce the square footage of the Premises and don’t 181 of 921 6 materially affect Tenants’ use of the Premises. The Landlord shall have the right to enter upon the Premises with 24 hours prior written notice or without notice in case of an emergency, to control heat, electricity, to inspect the same, and to make such repairs, alterations, improvements or additions to the Facilities. as the Landlord may deem necessary or desirable. Tenants will not cease any Rent payments while repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of the Tenants, or otherwise, provided Landlord shall complete such work as quickly as reasonably possible. Notwithstanding the foregoing, if a portion of the Premises is unusable for the purpose contemplated hereunder for a period of greater than 5 days (including, without limitation, as a result of a casualty or a condemnation or the repairs required in connection therewith), the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage. Notwithstanding anything to the contrary contained herein, Landlord shall not have the right to alter the Premises except as expressly required or permitted hereunder. Notwithstanding the foregoing, if the repairs, alterations, improvements, or additions are at a Tenant’s request or if the repairs are necessitated by a Tenant’s actions, then the Tenants may not cease any rent for any period, unless the Premises are unusable as a result of the negligence or intentional misconduct of Landlord or its agents, employees or contractors. If a Tenant shall not be personally present to open and permit an entry into Premises, at any time, when for any reason an entry therein shall be necessary or permissible, the Landlord or the Lessor's agents may enter the same by using the key, or may forcibly enter the same, without rendering the Landlord or such agents liable therefore (if during such entry the Landlord or the Lessor's agents shall accord reasonable care to Tenants’ property), and without in any manner affecting the obligations and covenants of this Lease. 2. Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Premises or any part thereof, other than as herein provided. The Landlord shall also have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to the Tenants therefore, to change the arrangement and/or location of Common Facilities, including entrances or passageways, doors and doorways, and corridors, stairs, toilets or public parts of the GM Center, and to close Common Facilities (as and when reasonably necessary for Landlord to perform its obligations hereunder or exercise its rights or as necessary due to Force Majeure), including entrances, doors, corridors or other 182 of 921 7 facilities. The Landlord shall not be liable to the Tenants for any expense, injury, loss or damage resulting from work done by persons other than the Landlord in or upon, or the use of, any adjacent or nearby building, land, street, or alley. C. LOCKING OF PREMISES: All doors to the facilities must be kept locked at all times except during the Business Hours. STORAGE OF INFLAMMABLE MATERIALS: Tenants agree that they will not permit to be kept at the Premises any gasoline, distillate or other petroleum product, or other substance of an explosive or inflammable nature as may endanger any part of the premises without the written consent of the Landlord, provided that Tenants can maintain customary cleaning products in the Premises. D. USE IMPAIRING STRUCTURAL STRENGTH: The Tenants will not permit the Premises to be used in any manner that will impair the structural strength of the Premises, or permit the installment of any machinery or apparatus the weight or vibration of which may tend to impair the building’s foundations or structural strength. E. GARBAGE DISPOSAL: The Tenants will not incinerate any garbage or debris in or about the Premises, and will cause all containers, rubbish, garbage and debris stored in the Premises to be placed in the refuse container supplied by Landlord for the Property before accumulation of any substantial quantity. F. PUBLIC REGULATIONS: In the conduct of its business on the Premises, Tenants will observe and comply with all laws, ordinances and regulations of public authorities. Tenants acknowledge that the Property is owned by the City of Evanston and therefore no smoking will be permitted at the Property. G. OTHER MISUSE: Tenants will not permit any unlawful or immoral practice with or without his knowledge or consent, to be committed or carried on in the Premises by Tenants or any other person. Tenant will not use or allow the use of the Premises for any purpose whatsoever that will injure the reputation of the Premises or of the building of which they are a part. H. PARKING: One parking pass for the Church Street Boat Parking Lot will be provided to the Tenant. 183 of 921 8 SECTION 6. SIGNS: The Tenant shall be allowed to place suitable signs, approved in advance by the Director of Parks, Recreation and Community Services, informing the public of the nature of the services, pricing information and the name of the Tenant furnishing the services. Tenants acknowledge that there are limitations from the City of Evanston Municipal Code of 2012, as amended, and the Code governs the application process and the details regarding size, type, and number of signs and Tenants agree to be bound by such ordinances. Landlord cannot make representations in a lease agreement that Tenants shall be entitled additional signage, a certain number of signs and/or dimensions of proposed signage, because the Tenants must make an application to the Sign Review Board, as provided by Code.DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS Except as provided by Illinois law and except to the extent arising from the negligence or intentional misconduct of Landlord or its agents, employees or contractors, or from the breach of this Lease by Landlord, Landlord will not be liable to Tenants for any damage or injury to Tenants or Tenants’ property occasioned by the failure of Landlord to keep the Premises in repair, and shall not be liable for any injury done or occasioned by wind or by or from any defect of plumbing, electric wiring or of insulation thereof, gas pipes, water pipes or steam pipes, or from broken stairs, porches, railings or walks, or from the backing up of any sewer pipe or down-spout or from the bursting, leaking or running of any tank, tub, washstand, water closet or waste pipe, drain, or any other pipe or tank in, upon or about the Premises or the building of which they are a part nor from the escape of steam or hot water from any radiator, nor for any such damage or injury occasioned by water, snow or ice being upon or coming through the roof, skylight, trap door, stairs, walks or any other place upon or near the Premises, or otherwise, nor for any such damage or injury done or occasioned by the falling of any fixture, plaster, or stucco, nor for any damage or injury arising from any act, omission or negligence or co-tenants or of other persons, occupants of the same building or of adjoining or contiguous buildings or of owners of adjacent or contiguous property, or of Landlord’s agents or Landlord, all claims for any such damage or injury being hereby expressly waived by Tenants. Notwithstanding the foregoing, if any portion of the Premises unusable for the purpose contemplated hereunder for a period of greater than 5 days, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage. 184 of 921 9 SECTION 7. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT A. USE OF PARTIALLY DAMAGED PREMISES: On damage or destruction by a casualty to the Premises, Tenants will continue to use them for the operation of its business to the extent practicable B. RIGHT TO TERMINATE ON DESTRUCTION OF TWO-THIRDS OF PREMISES: Either Party will have the right to terminate this Agreement if, the Premises is damaged by a casualty to an extent exceeding two-thirds of the reconstruction cost of the Premises as a whole. If such damage occurs, this termination will be affected by written notice to the other Party, delivered within 90 days of the damage. C. REPAIRS BY LANDLORD: If the Premises are damaged by a casualty before or after the start of the Agreement, then Landlord will immediately, on receipt of insurance proceeds paid in connection with casualty damage, but no later than sixty days after damage has occurred, proceed to repair the Property. Repairs will include any improvements made by Landlord or by Tenants with Landlord’s consent, on the same plan and design as existed immediately before the damage occurred, subject to those delays reasonably attributable to governmental restrictions or failure to obtain materials, labor or other causes, whether similar or dissimilar, beyond the control of Landlord. Materials used in repair will be as nearly like original materials as reasonably procured in regular channels of supply. Wherever cause beyond the power of the party affected causes delay, the period of delay will be added to the period in this lease for completion of the work, reconstruction or replacement. D. REDUCTION OF RENT DURING REPAIRS: If a portion of the Premises is unusable for the purpose contemplated hereunder for a period of greater than 5 days, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage No rent will be payable while the Premises is wholly unoccupied pending the repair of casualty damage. E. FIRE AND CASUALTY. If the Premises are entirely destroyed by fire or another act of God, and Landlord elects to not rebuild the Premises, then this Agreement shall be terminated effective as of the date of the casualty. SECTION 8. REPAIRS AND MAINTENANCE Except to the extent any of the following is Landlord’s obligation pursuant to Section 4[A], Tenants shall keep the interior, non-structural portions of the Premises in a clean condition, and in good repair, all according to the statutes and ordinances in such cases made and provided, and the directions of public 185 of 921 10 officers thereunto duly authorized, all at Tenants’ own expense, and shall yield the same back to Landlord, upon the termination of this Agreement, whether such termination shall occur by expiration of the term, or in any other manner whatsoever, in the same condition of cleanliness and repair as at the date of the execution hereof, loss by fire and reasonable wear and tear excepted. Except to the extent any of the following is Landlord’s obligation pursuant to Section 4[A], Tenant shall make all necessary repairs and renewals upon Premises and replace broken fixtures with material of the same size and quality as that broken. If, however, the Premises shall not thus be kept in good repair and in a clean condition by Tenants, as aforesaid, Landlord may enter the same, or by Landlord’s agents, servants or employees, without such entering causing or constituting a termination of this Agreement or an interference with the possession of the Premises by Tenants, and Landlord may replace the same in the same condition of repair and cleanliness as existed at the date of execution hereof, and Tenants agree to pay Landlord, in addition to the rent hereby reserved, the expenses of Landlord in thus replacing the Premises in that condition. Tenants shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. Tenants will also be in compliance with all laws and regulations during the entire term of this Agreement, except for repairs required of the Landlord to be made and damage occasioned by fire, hurricane or other causes as provided for in this Agreement. SECTION 9. UTILITIES Landlord agrees to pay before delinquency all charges for gas, water, heat, electricity, power and other similar charges incurred by Landlord or Tenants with respect to the Premises or the Property during the Term of this Agreement and Tenants’ occupancy of the Premises. SECTION 10. TAXES If applicable, Tenants will pay before delinquency all taxes levied on Tenants’ fixtures, equipment and personal property on the demised Premises, whether or not affixed to the real property. Landlord will pay all real estate taxes for the Property. SECTION 11. INSURANCE A. INSURANCE COMPANIES: It is agreed that any policies of insurance to be maintained by the respective parties will be obtained from good and solvent insurance companies. Only companies with an “A” Policyholder’s Rating with the Alfred Best Company will be acceptable. 186 of 921 11 B. TENANT TO OBTAIN LIABILITY INSURANCE: Tenants agree that they will, at their expense, maintain a policy of insurance, written by responsible insurance carriers, approved by Landlord that will insure Tenants against liability for injury to or death of persons or damage to property occurring about the Premises. Landlord will be named as an additional insured. The liability under insurance will be at least $1 million for any one person injured or killed or any one occurrence, $2 million general aggregate coverage for any one accident, and $100,000.00 property damage. Tenants will obtain an endorsement and Certificate of Insurance naming the Landlord as an additional insured from Tenants’ carrier (during the term of the Lease, including Premises Improvement construction) and all contractors during the construction of the Premises Improvements and any other renovation or construction at the Premises. Annually, Tenant shall provide copies of the insurance policy and all endorsements thereto to Landlord. Tenant shall send the policy to the Law Department on or before January 1st of every year this Lease is in effect. If the Tenant fails to comply with this requirement, that shall constitute a default by Tenant. C. TENANTS TO OBTAIN WORKER’S COMPENSATION INSURANCE: Tenants agree to maintain employees’ Worker’s Compensation insurance required under Illinois law. D. TENANTS TO OBTAIN INSURANCE ON FIXTURES AND EQUIPMENT: The Tenants agree to maintain on all trade fixtures and personal property in the Premises, a policy of insurance approved by the Landlord of at least 90% of the insurable replacement value of all trade fixtures and personal property. E. TENANTS’ WAIVER OF CASUALTY INSURANCE PROCEEDS: If the Premises are damaged by fire or other casualty insured against, Tenants agree to claim no interest in any insurance settlement arising out of any loss where premiums are paid by Landlord, or where Landlord is named as sole beneficiary, and that it will sign all documents required by Landlord or the insurance company necessary in connection with the settlement of any loss. F. CONTROL OF INSURANCE PROCEEDS TO AVOID TAXABLE GAIN: If the Premises, including any improvements, were to be damaged in any manner, and the receipt of any insurance proceeds or other reimbursement for such damage would result in the realization of taxable gain for federal or state purposes, then the party to whom the gain would be taxed will have the right to take all action respecting proceeds or reimbursements necessary to enable party to comply with any regulations of the appropriate taxing authorities, so that the gain will not be recognized for tax purposes. Nothing here will be construed to 187 of 921 12 entitle Landlord to delay any repairs to any part of the improvements in the event of damage. G. TENANTS’ FAILURE TO INSURE: Should Tenants fail to keep in effect and pay for insurance as required by this section, the Landlord may terminate this Lease immediately. SECTION 12. SUBLETTING; ASSIGNMENT Tenant cannot sublet or assign this Lease Agreement without Landlord’s consent, which consent can be withheld in Landlord’s sole discretion. SECTION 13. SURRENDER OF PREMISES; HOLDING OVER Tenants will, at the termination of this Lease, leave the Premises in as good condition as they are in at the time of entry by Tenants, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Tenants. On vacating, Tenants will leave the Premises clear of all rubbish and debris. If Tenants retain possession of the Premises or any part thereof after the termination of the term by lapse of time or otherwise, then Landlord may at its option within thirty days after termination of the term serve written notice upon Tenants that such holding over constitutes the creation of a month to month tenancy, upon the terms of this Agreement. Tenants shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenants. The provisions of this paragraph shall not constitute a waiver by Landlord of any right of re-entry as hereinafter set forth; nor shall receipt of any rent or any other act in apparent affirmation of tenancy operate as a waiver of the right to terminate this Agreement for a breach of any of the covenants herein. SECTION 14. INDEMNIFICATION AND LIENS A. LIENS AND ENCUMBRANCES: The Tenants will hold the Landlord harmless from all claims, liens, claims of lien, demands, charges, encumbrances or litigation arising out of any work or activity of Tenants on the Premises. Tenant wills, within sixty (60) days after filing of any lien, fully pay and satisfy the lien and reimburse Landlord for all resulting loss and expense, including a reasonable attorney’s fees. Provided, however, in the event that Tenants contest any lien so filed in good faith and pursues an active defense of said lien, Tenants shall not be in default of this paragraph. However, in the event of any final judgment against Tenants regarding such lien, Tenants agree to pay such judgment and satisfy such lien within 60 days of the entry of any such judgment. 188 of 921 13 B. DISCHARGE OF LIEN: If Tenants fail to fully discharge any claim, lien, claim of lien, demand, charge, encumbrance, or litigation, or should proceedings be instituted for the foreclosure of any lien or encumbrance, and if judgment is rendered against Tenants either by a court of competent jurisdiction or by arbitration and Tenants still persists in non-payment of the same within the 60 days set forth above, Landlord will have the right at any time after expiration of the 60-day period, to pay the lien or encumbrance. All amounts so paid will be repaid by the Tenants on demand, together with interest at the rate of __10__% per year from the date of payment and shall be considered additional rent owed to Landlord by Tenants. C. INDEMNIFICATION OF LANDLORD: Except as otherwise provided in this Agreement, and except to the extent caused by the negligence or willful misconduct of Landlord, or its agents, employees or contractors, or by the breach of this Lease by Landlord, Tenants shall protect, defend, indemnify and save Landlord and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Premises, which is not the result of Landlord’s negligence or willful misconduct, or (ii) any negligence or willful misconduct of Tenants, or their agents, employees or contractors. D. INDEMNIFICATION OF TENANTS. Except as otherwise provided in this Agreement, and except to the extent caused by the negligence or willful misconduct of Tenants, or its agents, employees or contractors, or by the breach of this Lease by Tenants, Landlord shall protect, defend, indemnify and save Tenants and their officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Common Facilities, which is not the result of Tenants’ negligence, or willful misconduct or (ii) any negligence or willful misconduct of Landlord, or its agents, employees or contractors. SECTION 15. LANDLORD’S RIGHT OF INSPECTION AND REPAIRS Tenants shall allow Landlord or any person authorized by Landlord reasonable access to the Premises during the Business Hours for the purpose of examining or exhibiting the same, or to make any repairs or alterations thereof which Landlord may see fit to make (provided that Landlord cannot make voluntary alterations or modifications to the Premises without Tenant’s consent). If the Tenants do not exercise the Option to renew the Lease and/or will be vacating the Premises at or prior to the end of the Term, Tenants will also allow Landlord to have placed upon the Premises at all times notices of “For Sale” and/or “For Rent” and Tenants will not interfere with the same. 189 of 921 14 SECTION 16. DEFAULT AND REMEDIES A. EVENT OF DEFAULT: Any one of the following events shall be deemed to be an event of default hereunder by Tenants subject to Tenants’ right to cure: 1. Tenants shall fail to pay any item of Base Rent at the time and place when and where due and does not cure such failure within five (5) business days after Rent is due; 2. Tenants shall fail to maintain the insurance coverage as set forth herein; 3. Tenants shall fail to comply with any term, provision, condition or covenant of this Lease, other than the payment of rent, and shall not cure, any such failure, within fifteen (15) days after written notice to the Tenants of such failure; 4. Tenants shall make a general assignment the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy; or B. OCCURRENCE OF AN EVENT: Upon the occurrence of any event of default, Landlord shall have the option to pursue any one or more of the following remedies subject to the laws of the State of Illinois and the Tenants’ right to cure: 1. Terminate this Lease, in which event Tenants shall immediately surrender the Premises to Landlord, but if Tenants fail to do so, Landlord may, without further notice and without prejudice to any other remedy Landlord may have for possession or arrearages in rent, or damages for breach of contract, enter upon the Premises and expel or remove and with or without notice of such election or any notice or demand whatsoever, this Agreement shall thereupon terminate and upon the termination of Tenants’ right of possession, as aforesaid, whether this Agreement be terminated or not, Tenants agree to surrender possession of the Premises immediately, without the receipt of any demand for rent, notice to quit or demand for possession of the Premises whatsoever and hereby grants to Landlord full and free license to enter into and upon the Premises or any part thereof, to take possession thereof with or (to the extent permitted by law) without process of law, and to expel and to remove Tenants or any other person who may be occupying the Premises or any part thereof, and Landlord may use such force in and about expelling and removing Tenants and other persons as may reasonably be necessary, and Landlord may re-possess itself of the Premises, but such 190 of 921 15 entry of the Premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue thereof, nor a waiver of any covenant, agreement or promise in this Agreement contained to be performed by Tenants. Tenants agree to indemnify Landlord for all loss and damage which Landlord may suffer by reason of such lease termination, whether through inability to re-let the Premises, or through decrease in Rent, or otherwise. 2. Landlord may recover from Tenants upon demand all of Landlord’s costs, charges and expenses, including the fees and costs of counsel, agents and others retained by Landlord which have been incurred by Landlord in enforcing Tenants’ obligations hereunder, subject to Landlord prevailing on its claims. 3. Pursuit of any of the foregoing remedies shall not preclude pursuit of any other remedy herein provided or available to Landlord at law or in equity, or constitute a forfeiture or waiver of any Rent due hereunder or of any damages suffered by Landlord. C. REPOSSESSION OR RELETTING NOT A TERMINATION; LANDLORD’S RIGHT TO TERMINATE NOT FORFEITED: No repossession, operation or re-letting of the Premises or of fixtures and equipment will be construed as an election by Landlord to terminate this Agreement unless a written notice is given by the Landlord to the Tenants. The Landlord may terminate this Agreement if the Tenants remain in default (beyond any applicable notice and cure period). The acceptance of rent, whether in a single instance or repeatedly, after it falls due, or after knowledge of any breach hereof by Tenants, or the giving or making of any notice or demand, whether according to any statutory provision or not, or any act or series of acts except written waiver, shall not be construed as a waiver of Landlord’s rights to act without notice or demand or of any other right hereby given Landlord, or as an election not to proceed under the provisions of this Agreement. D. TENANTS’ OBLIGATION TO PAY DEFICIENCIES: If rentals received by the Landlord from re-letting the Premises under the provisions of this section are insufficient to pay all expenses and amounts due, Tenants will pay any deficiencies to the Landlord on demand and be declared in default for failure to pay. E. LANDLORD’S RIGHT TO PERFORM TENANTS’ DUTIES AT TENANTS’ COST: If in Landlord’s judgment any default by Tenants will jeopardize the Premises or the rights of Landlord, Landlord may, without notice, elect to cure Tenants’ default and Tenants will reimburse Landlord, with interest, on 10-days’ notice by Landlord to Tenants. 191 of 921 16 F. LANDLORD’S RIGHT TO TERMINATE AGREEMENT: If there is an event of default by Tenants as stated in Paragraph A of this section, Landlord may, without further notice, terminate this Agreement and all interest of Tenants and may take possession of the Premises by legal proceedings. G. LANDLORD’S RIGHT ON TERMINATION TO RECOVER AMOUNT EQUAL TO RENT RESERVED: If this Agreement is terminated by Landlord due to any event of default by Tenants, Landlord will be entitled to recover from Tenants, at termination, the excess, if any, of the rent reserved in this Agreement for the balance of the term over the reasonable rental value of the Premises for the same period. The “reasonable rental value” will be the amount of rental Landlord can obtain as rent for the balance of the term. H. LANDLORD’S REMEDIES CUMULATIVE: All of the remedies given to Landlord in this Agreement or by law are cumulative, and the exercise of one remedy by the Landlord will not impair its right to exercise any other right or remedy. Landlord shall not look to the property or assets of any direct or indirect partner, member, manager, shareholder, director, officer, principal, employee or agent of Tenants in seeking either to enforce Tenants’ obligations under this Agreement or to satisfy a judgment for Tenants’ failure to perform such obligations; and none of such parties shall be personally liable for the performance of Tenants’ obligations under this Agreement. SECTION 17. REMOVAL OF OTHER LIENS In event any lien upon Landlord’s title results from any act or neglect of Tenants and Tenants fail to remove said lien within thirty (30) days after Landlord’s notice to do so, Landlord may remove the lien by paying the full amount thereof or otherwise and without any investigation or contest of the validity thereof and Tenants shall pay Landlord upon request the amount paid out by Landlord in such behalf, including Landlord’s costs, expenses and attorney’s fees. If Tenants demonstrate to Landlord that Tenants are contesting the validity of said lien in good faith, then Landlord shall allow Tenants to so contest such lien until either Tenant either abandons such contest or a final verdict is reached in a court of competent jurisdiction. Any amount advanced on behalf of Tenants shall be paid to Landlord by Tenants within 30 days after such advancement is made together with interest at 9% per annum and such amount shall be considered additional rentals (including any overage provided in either of the two [2] immediately preceding years). SECTION 18. REMEDIES NOT EXCLUSIVE The obligation of Tenants to pay the rent reserved hereby during the balance of the term hereof, or during any extension hereof, shall not be deemed to be waived, released or terminated, by the service of any five-day notice, other 192 of 921 17 notice to collect, demand for possession, or notice that the tenancy hereby created will be terminated on the date therein named, the institution of any action of forcible detainer or ejectment or any judgment for possession that may be rendered in such action, or any other act or acts resulting in the termination of Tenants’ right to possession of the Premises. The Landlord may collect and receive any rent due from Tenants and payment or receipt thereof shall not waive or affect any such notice, demand, suit or judgment, or in any manner whatsoever waive, affect, change, modify or alter any rights or remedies which Landlord may have by virtue hereof. SECTION 19. EXPENSES OF ENFORCEMENT Tenants, if Landlord is the prevailing party, shall pay upon demand all Landlord’s costs, charges and expenses, including attorney’s fees, agents fees and fees of others retained by Landlord, incurred in enforcing any of the obligations of Tenants under this Agreement, or in any litigation, negotiation or transaction in which Landlord shall, without Landlord’s fault become involved through or on account of any action or omission of Tenants regarding this Agreement. Landlord, if Tenants are the prevailing party, shall pay upon demand all Tenants’ costs, charges and expenses, incurred in enforcing any of the obligations of Landlord under this Agreement, or in any litigation, negotiation or transaction in which Tenant shall, without Tenants’ fault become involved through or on account of any action or omission of Landlord regarding this Agreement. SECTION 20. EMINENT DOMAIN A. MORE THAN 30 PERCENT TAKEN: If 30 percent or more of the Premises are taken for a public or quasi-public use, this Agreement will terminate as of the date of the physical taking, and the Parties will be released from all further liability. B. LESS THAN 30 PERCENT TAKEN: If the taking affects less than 30 percent of the Premises, the Landlord will, with reasonable diligence, proceed at Landlord’s expense to repair the Premises and place them in tenantable condition within 120 days after the date of the actual physical taking. However, if 25% percent or more of the Premises as a whole is taken, the Landlord may elect to terminate this Agreement, notwithstanding that less than 30 percent of the Premises were taken. On termination, the parties will be released from all further liability under this Agreement. C. ABATEMENT OF RENT: During any repair, Tenants will be required to pay only that part of the fixed minimum monthly rental as the area of the tenantable Premises remaining during repairs bears to the entire area leased. 193 of 921 18 On completion of repairs, the fixed minimum monthly rental will be adjusted in proportion to the repaired area, and Tenants will be required to pay the adjusted fixed minimum monthly rental in accordance this Agreement (attributable to the portion of the Premises taken) and the remainder of the fixed minimum monthly rental shall be forever waived and forgiven by Landlord. D. RIGHT TO CONDEMNATION AWARD: Any award made in any condemnation proceeding for the taking of any part of the Premises will be the sole property of Landlord, except that Tenants can make a claim for the unamortized portion of the cost incurred by Tenants for the Premises Improvements. SECTION 21. GOVERNMENTAL INTERFERENCE WITH POSSESSION Tenants will not be released from its obligation should their possession of the Premises be interfered with by adoption of any law, ordinance, resolution, regulation or act of any legal or governmental authority. Further, Tenants will not be released by any order of abatement or judgment preventing use of the premises on the ground that the Premises or the business operated there constitutes a legally recognized nuisance. SECTION 22. PEACEFUL ENJOYMENT Landlord covenants and warrants that it is the owner of the Property and Premises, and that Tenants, on payment of rents and performance of the conditions, covenants, and agreements to be performed by it, may enjoy the Premises without interruption or disturbance. Landlord covenants, represents and warrants that there is no mortgage, deed of trust or similar encumbrance affecting the Property, as of the date hereof. SECTION 23. EFFECT OF WAIVER OF BREACH OF COVENANTS No waiver of any breach of any condition of this Agreement will be construed to be a waiver of any other breach of provision, covenant or condition. SECTION 24. AMENDMENTS TO BE IN WRITING This Agreement may be modified or amended only in writing signed by Landlord and Tenants. It may not be amended or modified by oral agreements between the Parties unless they are in writing duly executed by Landlord and Tenants. 194 of 921 19 SECTION 25. PARTIES BOUND Every provision of this Agreement will bind the parties and their legal representatives. The term “legal representatives” is used in its broadest meaning and includes, in addition to assignees, every person, partnership, corporation or association succeeding to any interest in this Agreement. Every covenant, agreement and condition of this Agreement will be binding on Tenant’s successors and assignees. Any sublease, concession or license agreement will be subject and subordinate to this Lease. SECTION 26. NOTICES All notices or demands that either party may need to serve under this Agreement may be served on the other party by mailing a copy by registered or certified mail to the following addresses for the parties (or at such other address as the applicable party may designate in a written notice to the other party): If to the City: with a copy to: City Manager Corporation Counsel 2100 Ridge Avenue 2100 Ridge Avenue Evanston, IL 60201 Evanston, IL 60201 Fax: 847-448-8083 Fax: 847-448-8093 If to Tenants: Krave LLC Attn: Brian Fogle 5313 West 123rd Place Alsip, Illinois 60803 Service will be deemed complete at the time of the leaving of notice or within 2 days after mailing. In the event that it appears that Tenants are avoiding the service of any notice and is not present at the Premises for a period of more than 14 consecutive days, notices may be served by posting such notice upon the Premises. Notice shall than be deemed effective 5 days after such posting. SECTION 27. MISCELLANEOUS A. Provisions typed on this Agreement and all riders attached to this Agreement and signed by Landlord and Tenant are hereby made a part of this Agreement. 195 of 921 20 B. Tenant shall keep and observe such reasonable rules and regulations now or hereafter required by Landlord, which may be necessary for the proper and orderly care of the building of which the Premises are a part. C. All covenants, promises, representations and agreements herein contained shall be binding upon, apply and inure to the benefit of Landlord and Tenants and their respective heirs, legal representatives, successors and assigns. D. The rights and remedies hereby created are cumulative and the use of one remedy shall not be taken to excuse or waive the right to the use of another. E. This Agreement and any written and signed Amendments and/or Riders hereto shall constitute the entire agreement between the parties, and any oral representations made by one party to the other are considered merged herein. F. In all cases where Landlord’s consent is required, Landlord’s consent shall not be unreasonably withheld. G. This Agreement may be executed in multiple copies, each of which shall constitute an original. SECTION 28. VENUE AND JURISDICTION The Parties agree the this Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois and that venue for any disputes shall be in the Circuit Court of Cook County, Illinois. SECTION 29. FORCE MAJEURE Other than for Landlord’s and Tenants obligations under this Lease that can be performed by the payment of money, whenever a period of time is herein prescribed for action to be taken by either party hereto, such time period will be extended by a period equal to the period of any delays in performance by the applicable party due to any of the following events (“Force Majeure”): (i) Acts of God, (ii) strike or other such labor difficulties not specific to any labor issue existing only at the Property, (iii) extraordinary weather conditions greatly exceeding norms for the greater metropolitan area where the Premises located, (iv) extraordinary scarcity of or industry-wide inability to obtain supplies, parts or employees to furnish such services, or (v) or any cause whatsoever beyond a party’s control. For purposes of this Section, a cause or event shall not be deemed to be beyond a party's control, if it is within the control of such party's agents, employees or contractors. 196 of 921 21 [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 197 of 921 22 IN WITNESS WHEREOF, both of said Landlord and Tenants caused this Agreement to be executed as of the date signed by the Landlord. Landlord: THE CITY OF EVANSTON, an Illinois home rule municipal corporation By: __________________________________ Date: ____________, 2019 Its: City Manager, Wally Bobkiewicz Tenant: Krave, LLC An Illinois limited liability company By: _________________________________ Date: ____________, 2019 Its: Owner, Brian Fogle 198 of 921 For City Council meeting of April 8, 2019 Item A16 Business of the City by Motion: Agreement for Summer Food Program For Action To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Lawrence C. Hemingway, Director Parks, Recreation & Community Services Karen Hawk, Assistant Director, Parks, Recreation & Community Services Kenneth Cherry, Recreation Manager Subject: Approval of the agreement with Evanston Township High School to supply lunches for the 2019 Summer Food Program Date: April 8, 2019 Recommended Action: Staff recommends that City Council authorize the City Manager to execute an agreement with Evanston Township High School (ETHS), (1600 Dodge Ave, Evanston, IL 60201) to provide lunch meals for the 2019 Summer Food Program in the not-to- exceed amount of $3.25 per meal and $3.50 for special diet meals. Funding Source: This is a reimbursement program in which the total amount of reimbursement the City will receive is solely dependent upon the number of meals served and varies depending on the level of participation. The city’s estimated reimbursement is calculated using the highest daily participation level stated in our application. Funding for this program is budgeted in business unit 100.30.3050 in various line items. There is a food budget allocation in 100.30.3050.65025 in the amount of $125,000. Projected expenses for food costs are $158,000 Projected revenue reimbursement is $185,000 Livability Benefits: Economy and Job: Expand job opportunities Health and Safety: Provide access to fresh, healthful food Memorandum 199 of 921 Page 2 of 2 Summary: The City participates in a Summer Food Service Program, which is a program sponsored by USDA and administered by the Illinois State Board of Education (ISBE) to provide free breakfast and lunch to all youth ages 1-18. The lunch program will be held Mondays-Fridays, June 11 – August 23, 2019 at the following sites: Robert Crown Center, Fleetwood-Jourdain Center, Mason Park, Chute School, Oakton School, Dewey School, Kingsley School, McGaw YMCA and the Salvation Army. Breakfast meals will be served at all locations with the exception of the Salvation Army and Mason Park. Current rate of reimbursement set by the Federal Government is $2.23 per breakfast and $3.85 per lunch served. For 2018, 11,905 breakfast meals and 30,991 lunch meals were served. Reimbursement totaled $146,125.53. The increase in projected revenue of 2019 is due to the addition of Dewey School as a site. We are anticipating 125 participants being served breakfast and lunch at this new location. This will result in an anticipated minimum increase of $40,000 in revenue. Meals will be prepared at ETHS by their kitchen staff and picked up and transported to the meal sites by city staff. Parks, Recreation and Community Services staff is responsible for the overall coordination of each site, including set up, distribution, monitoring, safety, clean up and record keeping. Non Competitive Bid Award Regulations for Summer Food Programs (7 CFR 225.15(b)(1) The Federal regulations allow programs that sponsor Summer Food Programs to first consider their local School district as a source for obtaining meal service. Utilizing ETHS or another local public school to prepare or obtain meals does not require a competitive bid process. The site must be approved by the Illinois State Board of Education, which has approved ETHS to supply meals for our program. ETHS is also accustomed to preparing large numbers of meals during the school year and has the facilities and the staff to prepare meals for the SFSP. In addition, ETHS staff is very knowledgeable about the USDA requirements for meal standards, which must be met. ETHS was not utilized in prior years because they could not transport meals to the sites and their per meal costs exceeded other vendors. For comparison, Open Kitchens, Inc. supplied the lowest unit price meal in 2016 for the city’s program at a rate of $3.25 per lunch meal. Breakfast meals were prepared by staff at the Fleetwood-Jourdain and food was purchased from local grocery supply stores. The per meal cost rates that ETHS provided is also within the budgeted reimbursement amount pre-determined by the Federal Government. Attachments: Proposal from Evanston Township High School Illinois State Board of Education Contract 200 of 921 Evanston Township High School’s Proposal to Furnish Food Service to City of Evanston’s Summer Camps 2019 Evanston Township High School (“Vendor”) proposes to furnish the following for the City of Evanston’s (“City”) Summer Camps 2019: 1. Bulk lunches to the Fleetwood Jourdain Community Center, Mason Park Community Center, Robert Crown Community Center, Chute Middle School, King Arts School, Oakton Elementary School, Salvation Army and the McGaw YMCA. a. Meals, when served in the designated portions, will meet all meal pattern requirements of the National School Lunch Summer Program and will include the appropriate amounts of meat/meat alternate, vegetables, fruits and grains. b. Meals will be prepared at Evanston Township High School according to the final menu to be agreed upon by both parties by May 1, 2018. c. The menu is subject to change based on food cost and availability. d. The number of meals will be based on a weekly order estimate given on the Thursday of the prior week. i. Count can be adjusted no later than 3 days prior to production. If less than a 3-day notice is given, the weekly estimate will be billed accordingly. 2. City of Evanston will deliver meals to all locations. a. All unsold food will be communicated to allow ETHS to track and maintain accurate projections of food quantities. b. Soiled bins, leftovers and other items will be picked up by the City of Evanston and dropped off to ETHS no later than 2:00 PM. 3. Vendor assumes full responsibility for the food safety of the meals until they are taken to location, at which time the City will assume responsibility for the safe handling and serving of the meals. 4. Vendor will begin service on June 11, 2019 and the final day of service will be August 23, 2019. 5. The price per lunch is $3.25. a. Special diet price is $3.50. 201 of 921 2 b. Paper products such as plates, napkins and paper lunch bags will be charged as needed, on a per case basis. 6. A monthly invoice will be submitted to the City by the fifth day of each month by Vendor for the preceding month. 7. Payment is due to vendor within thirty (30) days of receipt of the invoice. Payments will be sent to: a. ETHS Nutrition Services Department Evanston Township High School District #202 1600 Dodge Avenue Evanston, IL 60204 ________________________________ __________________________ Evanston Township High School, Dist. # 202 City of Evanston ___________________ _________________ Date Date 202 of 921 Illinois State Board of Education Nutrition & Wellness Programs Division 100 North First Street, W-270 Springfield, IL 62777-0001 THIS AGREEMENT is made and entered into by and between: ________________City Of Evanston ________________________________________________________ Name of Sponsor and __________Evanston Township High School________________________________________________. Name of Vendor The Vendor agrees to furnish meals as ordered by the Sponsor for the period of: ______June 10, 2019________________ to ___August 23, 2019____________ Based on the following: Meal Type Estimated Servings per Day Estimated Number of Serving Days Unit Price Total Price Breakfast N/A AM or PM Snack N/A Lunch 573 54 3.25 100,561.50 Supper N/A The Vendor agrees to deliver __________N/A___________ (unitized or bulk) meals __________N/A________________ (inclusive or exclusive) of milk on a daily basis to the location(s) during the timeframes indicated in Schedule A, attached hereto and incorporated into this Agreement. The unit prices of each meal type which the Vendor agrees to furnish must be written in ink or typed in the blank space provided above. The price should be based on costs less the value of government donated foods provided by the Sponsor (this adjustment may be reflected in the unit price or in an adjustment on the final billing). The Vendor may not subcontract for the total meal, with or without milk, or for the assembly of the meals. The unit prices submitted are based on the cycle menu in Schedule B, attached hereto and incorporated into this Agreement. The meals furnished shall meet or exceed Summer Food Service Program (SFSP) meal pattern requirements as specified in Schedule C, attached hereto and incorporated into this Agreement, and Title 7, Part 225 of the Code of FOOD SERVICE AGREEMENT Summer Food Service Program (SFSP) Contracts Less Than $150,000 203 of 921 Federal Regulations. If the Sponsor elects to participate in the offer vs serve option allowed in Section 225.16(f), the parties agree to meet the requirements defined in Part 210 of Title 7 of the Code of Federal Regulations, and an appropriate meal plan (Schedule C) must be added to this Agreement. Notification of any changes in approved sites will be made by the Sponsor not less than __3___ days prior to the day delivery of the meals are to begin or end. The Sponsor reserves the right to increase or decrease the number of meals ordered on ___72_____hour(s) notice. Less notice may be provided, if mutually agreed upon between the parties of this Agreement at the time notice is given. The Vendor agrees to package and deliver meals in containers that meet local health standards. Foods subject to spoilage must be maintained at temperatures of less than 41 degrees Fahrenheit or at 140 degrees Fahrenheit or above, as applicable, during transport. The Vendor assures it has State or local health certification at the meal preparation facility(ies) and that health and sanitation requirements will be met at all times. The Vendor must ensure that meals are inspected periodically to determine bacteria levels. The bacteria level results must be promptly sent to the Sponsor and the State Agency. The Vendor shall attach a ticket with each delivery specifying the date and quantity of meals by type that are provided. The delivery ticket must also state the menu for the day so each site can ensure the proper meals are being delivered. The Sponsor or Sponsor’s representative must sign each delivery ticket, keep a copy, and document any discrepancies. The Vendor shall promptly submit itemized invoices to the Sponsor ________monthly_________ (weekly or monthly), which specify the quantity of meals by type delivered during the preceding ______month_______ (week, month). Invoices not provided within the time limit may be disallowed by the Sponsor. The Vendor shall not be paid for unauthorized menus, incomplete meals, meals that do not comply with SFSP meal pattern requirements (Schedule C), meals not delivered within the specified delivery time period, meals rejected because they do not comply with temperature requirements, or foods that are substandard in quality or show signs of spoilage. The Vendor is responsible for any costs the Sponsor may incur as a result of replacing these meals. Vendors will be informed within forty-eight (48) hours of any disallowed meals. The Vendor shall be paid by the Sponsor for all meals delivered in accordance with this contract and SFSP regulations. Neither United States Department of Agriculture (USDA) nor the State Agency assumes any liability to the Vendor, nor for payment to the Sponsor or Vendor of differences between the number of meals delivered by the Vendor and the number of meals served by the Sponsor that are eligible for reimbursement. 204 of 921 The Sponsor shall have the option to cancel this Agreement if the Federal government withdraws funds to support the SFSP. It is further understood that, in the event of cancellation of this Agreement, the Sponsor shall be responsible for meals that have already been assembled and delivered in accordance with this Agreement. The Vendor agrees to maintain all records (supported by invoices, menus, production records, receipts, etc) that the Sponsor needs to meet its responsibilities under Title 7, Part 225 of the Code of Federal Regulations. These records shall be available for inspection and audit by representatives of the Sponsor, the Illinois and/or Chicago Department of Public Health, the State Agency, U.S. Department of Agriculture, and the U.S. General Accounting Office at any reasonable time and place for up to three years from the date of receipt of final payment or until final resolution of any audits or investigations. The Vendor shall comply with the appropriate bonding requirements, as set forth in subsections 225.15(m)(5) through (m)(7) of Title 7 of the Code of Federal Regulations. This Agreement may be terminated by either party upon thirty (30) days written notification. This Agreement is hereby executed by the following parties as of the date indicated below: Vendor Representative’s Signature Printed Name of Vendor Representative Title Date Sponsor Representative’s Signature Printed Name of Sponsor Representative’s Signature Title Date Acceptance of Agreement 205 of 921 For City Council meeting of April 8, 2019 Item A17 Business of the City by Motion: Elevator Inspection Program For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Johanna Leonard, Community Development Director Gary Gerdes, Building and Inspection Services Manager Jim Hurley, Management Analyst Subject: Contract with Elevator Inspection Service Co. Inc. for City of Evanston- Elevator Inspection Program Date: April 8, 2019 Recommended Action: Staff recommends that the City Council authorize the City Manager to enter into an agreement with Elevator Inspection Service Co, Inc. (EIS) (745 McClintock Drive, Suite 235, Burr Ridge, IL 60527) for elevator and inspection services from June 1, 2019 – May 31, 2021 with three one-year options to renew. EIS has reiterated their commitment to provide quality services in a timely, well-qualified and resourceful manner. Funding Sources: Funding will be from the Building Inspections Service–Elevator Contract Costs (Account No. 100.21.2126.62425) with a FY 19 budget of $4,500. Fee revenue will be to Building Inspections Service-Elevator Permits (Account No. 100.21.2126.52115) with a FY19 projected revenue of $42,000. Livability Benefits: Innovation & Process: Support local government best practices and processes Background: Elevator inspection and plan review services are conducted to assure compliance of all safety and equipment related to passenger and freight elevators, escalators, dumbwaiters, or any conveyance device with the City municipal ordinance, state and Federal laws. Elevator inspections are required on a bi-annual basis for approximately 853 conveyance systems in Evanston. The vendor performs the services along with administering certificates, coordinating inspections, maintaining records and submitting a monthly report of inspections to the City. Memorandum 206 of 921 In 2014, the City of Evanston along with the Village of Skokie hired EIS through a joint Request for Proposal (RFP) in order to secure elevator inspection and plan review services. The five-year agreement reduced expenses to the City and enabled EIS to offer additional elevator testing services to building owners. The current agreement will expire May 31, 2019. In 2019, the vendor solicitation process changed due to City purchasing requirements for services below a total budget of $20,000. The elevator inspection program is revenue positive. The cost for bi-annual inspections of existing conveyance systems is offset by fee revenue from annual elevator inspection fees charged to the building owners which results in net positive revenue of approximately $40,000 to $50,000 annually. The City solicited written quotes from four (4) vendors: (1) EIS (Burr Ridge, IL) (2) Thompson Elevator Inspection Services, Inc. (Mt Prospect, IL) (3) Boca Group Central, LLC (Chicago, IL) and (4) City Wide Elevator Inspection Services, Inc. (Chicago, IL). All vendors confirmed the solicitation was received. The City received one quote, which is from its current vendor, EIS. The fee per inspection to the City will reduce from $18 to $13, resulting in an annual savings of approximately $4,265. Additionally, fees for bi-annual inspections for city-owned conveyances will remain waived. The proposed contract is for two (2) years with three (3) one-year options to renew. EIS has served as the City’s elevator inspection services and plan review provider for the last five (5) years and staff has been pleased with the exceptional on-demand services provided. EIS inspectors are familiar with the elevator equipment systems in the city. Their staff has developed a trusted relationship with the building owners/managers allowing for the efficient and accurate completion of inspection responsibilities. Attachments: Appendix A&B – Fee Proposal Appendix C – Professional Services Agreement 207 of 921 208 of 921 EXHIBIT B PRICE/COSTS FORMS -FEE PROPOSAL (Cont'd) Breakdown of Conveyance Systems within the City of Evanston Conveyance Type Total Addresses within the City by Conveyance Type Dumbwaiter Type A 14 Dumbwaiter TypeB 2 Escalator Type A 12 Escalator TypeB 3 F reioht/Service Type A 72 Freioht/Service Type 8 32 Garaoe Type A 1 Garaoe Type B 1 Passenoer Type A 430 Passenoer Type 8 229 Platform Lift Type A 4 Platform Lift Type 8 1 Porch Lift 1 Sidewalk Lift 2 Truck Dock Lift 3 Wheelchair Lift 46 TOTAL 853x$16.00 Type A = Equals units with five or less floors Type B=Equals units with more than five floors *Please provide the fee per inspection **Please provide the fee per re-inspection Semi Annual Compliance Re- Inspection Fee (2x Inspection Fee'"' per Year)* 8 x 2 = 16.00 ea per year 8.00 per re-inspection 8x 2 = 16.00 ea per year 8.00 per re-inspection 8x 2 = 16.00 ea per year 8.00 per re-inspection 8 x 2 = 16.00 ea per year 8.00 per re-inspection 8 x 2 = 16.00 ea per year 8.00 per re-inspection 8 x 2 = 16.00 ea per year 8.00 per re-inspection 8 x 2= 16.00 ea per year 8.00 per re-inspection 8 x 2 = 16.00 ea per year 8.00 per re-inspection 8 x 2 = 16.00 ea per year 8.00 per re-inspection 8x 2 = 16.00 ea per year 8.00 per re-inspection 8x 2 = 16.00 ea per year 8.00 per re-inspection 8x2 = 16.00 ea per year 8.00 per re-inspection 8.00 per re-inspection 8x 2 = 16.00 ea per year 8.00 per re-inspection 8 x 2 = 16.00 ea per year 8.00 per re-inspection 8x 2 = 16.00 ea per year 8.00 per re-inspection $13,648.00 per year Inventory of City of Evanston Owned Conveyance Systems Inventory of City Owned Conveyance Systems and Location 1 City of Evanston Service Center 2020 Asbury Ave. 1 Chandler Comm. Center/Assist. Tech 1028 Central St. 1 Evanston Fire Department #5 2830 Central St. 3 City of Evanston -525 Church 525 Church St. 6 Sherman Plaza Parking Garage 821 Davis St. 1 Levy Senior Center 300 Dodge Ave. 1 Evanston Police Department 1454 Elmwood Ave. 2 Fleetwood Jordain 1655 Foster St. 2 City of Evanston Water Department 555 Lincoln St. 6 City of Evanston Parkino Garaoe 1800 Maple Ave. 2 Noyes Cultural Art Center 927 Noyes St. 3 Evanston Public Library 1703 Orrington Ave. 2 Citv of Evanston Facilities ManaQement 2100 RidQeAve. 1 City of Evanston -1620 Sherman 1620 Sherman Ave. 32 Total Conveyance Systems 81 Page 8 x 2 = 16.00 ea per year 209 of 921 CITY USE ONLY NOT PART OF CONTRACTUAL PROVISIONS PBC# Project Title Contract # Procurement Method (IFB, RFP, Small, etc): Ref. # Publication Date: Award Code: Subcontractor Utilization? Yes No Subcontractor Disclosure? Yes No Funding Source Obligation # Approval: Signature Date/Printed Name Phone ______________________________ E-mail _______________________ Revision 10/2011 Page 1 AGREEMENT (Goods and Services between $10,000 to $20,000) The Parties to this Agreement are the City of Evanston and Vendor. This Agreement, consisting of the signature page and numbered sections listed below and any attachments referenced in this Agreement, constitutes the entire Agreement between the Parties concerning the subject matter of the Agreement, and supersedes all prior proposals, Agreements and understandings between the Parties concerning the subject matter of the Agreement. This Agreement can be signed in multiple counterparts and signature may be electronic or digital upon agreement of the Parties. 1. TERM AND TERMINATION 2. DESCRIPTION OF SUPPLIES AND SERVICES 3. PRICING 4. STANDARD BUSINESS TERMS AND CONDITIONS 5. STANDARD CERTIFICATIONS 6. DISCLOSURES AND CONFLICTS OF INTEREST 7. SUPPLEMENTAL PROVISIONS In consideration of the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the terms and conditions set forth herein and have caused this Agreement to be executed by their duly authorized representatives on the dates shown below. VENDOR CITY OF EVANSTON (Vendor Name) (Procuring Department Name) _______________ Signature Official Signature Printed Name Printed Name Title Date Title Date Address Designee Signature Printed Name Phone Fax Title E-mail Address 210 of 921 Page 1 1. TERM AND TERMINATION 1.1 TERM OF THIS AGREEMENT: The contract is for two (2) years. After the initial term, there shall be three (3) one-year options (1) to renew. The City may terminate a contract for either cause or convenience. Vendor shall not commence billable work in furtherance of the Agreement prior to final execution of the Agreement. 1.2 RENEWAL: The parties may agree to extend this Agreement after the completion date for three (3) one-year options (1) only upon written agreement by both parties. Pricing for the renewal term, or the formula for determining price is shown in the pricing section of this Agreement. Any renewal is subject to the same terms and conditions as the original Agreement except as stated below in this subsection. The City may renew this Agreement for any or all of the option periods specified; may exercise any of the renewal options early and may exercise more than one option at a time based on continuing need and favorable market conditions when in the best interest of the City. The Agreement shall not renew automatically nor shall the Agreement renew solely at Vendor’s option. 1.3 TERMINATION: City may, at any time, with or without cause, terminate this Agreement upon seven (7) days written notice to Vendor. If the City terminates this agreement, the City will make payment to Vendor for Services performed prior to termination. Payments made by the City pursuant to this Agreement are subject to sufficient appropriations made by the City of Evanston City Council. In the event of termination resulting from non-appropriation or insufficient appropriation by the City Council, the City’s obligations hereunder shall cease and there shall be no penalty or further payment required. In the event of an emergency or threat to the life, safety or welfare of the citizens of the City, the City shall have the rig ht terminate this Agreement without prior written notice. Within thirty (30) days of termination of this Agreement, the Vendor s hall turn over to the City any documents, drafts, and materials, including but not limited to, outstanding work product, data, studies, test results, source documents, AutoCad Version 2007, PDF, ArtView, Word, Excel spreadsheets, technical specifications and calculations, and any other such items. 2. DESCRIPTION OF SUPPLIES AND SERVICES 2.1 GOAL: To utilize the knowledge and expertise of Vendor, that is lacking in the Procuring Department’s staff, to obtain supplies and services necessary to help meet the responsibilities of the Procuring Department. 2.2 SUPPLIES AND/OR SERVICES REQUIRED: See Request for Quote – Elevator Inspections 2.3 MILESTONES AND DELIVERABLES: Vendor shall not perform services, provide supplies or incur expenses in amount exceeding the amount shown in this Section, unless the City has authorized a higher amount in writing prior to Vendor performing the services, providing the supplies, or incurring the expenses. Not-to-exceed $ See Exhibits A&B – Price/Costs Forms. 2.4 VENDOR / STAFF SPECIFICATIONS: See Request for Quote – Elevator Inspections 2.5 ASSIGNMENT AND SUBCONTRACTING: 2.5.1 This Agreement may not be assigned, transferred in whole or in part by Vendor without the prior written consent of the City. 2.5.2 For purposes of this section, subcontractors are those specifically hired to perform all or part of the work covered by the Agreement. Will subcontractors be utilized? Yes No 2.5.3 Vendor shall describe below the names and addresses of all authorized subcontractors to be utilized by Vendor in the performance of this Agreement, together with a description of the work to be performed by the subcontractor and the anticipated amount of money that each subcontractor is expected to receive pursuant to this Agreement. Vendor shall provide a copy of any subcontracts within 20 days of execution of this Agreement for approval by the City. Vendor shall be responsible for the accuracy and quality of any subcontractor’s perform ance. Subcontractor Name Amount to be paid Address Description of work Subcontractor Name Amount to be paid Address Description of work 211 of 921 Page 2 2.5.4 Vendor shall obtain approval from the City prior to hiring any additional or substitute subcontractors during the term of this Agreement. Vendor may, upon request of the City, provide to the City a draft subcontractor agreement for review and approval prior to the execution of the subcontract. Subontractor agreements shall provide that services to be performed under the subcontracting agreement shall not be sublet, sold, transferred, assigned or otherwise disposed of to another entity or person without the City’s prior written consent. 2.5.5 All subcontracts must include the same certifications that Vendor must make as a condition of this Agreement. 2.6 TRANSPORTATION AND DELIVERY: 2.7 WHERE SERVICES ARE TO BE PERFORMED: Unless otherwise specified in this section all services shall be performed in the United States. If Vendor manufactures the supplies or performs the services purchased hereunder in another country in violation of this provision, such action may be deemed by the City as a breach of the Agreement by Vendor. Vendor shall disclose the locations where the services required shall be performed and the known or anticipated value of the services to be performed at each location. If Vendor received additional consideration in the evaluation based on work being performed in the United States, it shall be a breach of contract if Vendor shifts any such work outside the United States. Location where services will be performed Value of services performed at this location Location where services will be performed Value of services performed at this location 2.8 SCHEDULE OF WORK: Any work performed on City premises shall be done during the hours designated by the City and performed in a manner that does not interfere with the City and its personnel. 2.9 WARRANTIES FOR SUPPLIES AND SERVICES: 2.9.1 Vendor, for itself, and on behalf of all subcontractors, suppliers, materialmen and others claiming by, through or under Vendor, hereby waives and releases any and all statutory or common law mechanics’ materialmens’ or oth er such lien claims, or rights to place a lien upon City property or any improvements thereon in connection with any Services performed under or in connection with this Agreement. Vendor further agrees, as and to the extent of payment made hereunder, to execute a sworn affidavit respecting the payment and lien releases of all subcontractors, suppliers and materialmen, and a release of lien respecting the Services at such time or times and in such form as may be reasonably requested by City. Vendor shall protect City from all liens for labor performed, material supplied or used by Vendor and/or any other person in connection with the Services undertaken by vendor hereunder, and shall not at any time suffer or permit any lien or attachment or encumbrance to be imposed by any subVendor, supplier or materialmen, or other person, firm or corporation, upon City property or any improvements thereon, by reason or any claim or demand against Vendor or otherwise in connection with the Services. 2.9.2 Vendor shall insure that all manufacturers’ warranties are transferred to the City and shall provide a copy of the warranty. These warranties shall be in addition to all other warranties, express, implied or statutory, and shall survive the City’s payment, acceptance, inspection or failure to inspect the supplies. 2.9.3 Vendor warrants that all services will be performed to meet the requirements of the Agreement in an efficient and effective manner by trained and competent personnel. Vendor shall monitor performances of each individual and shall reassign immediately any individual who is not performing in accordance with the Agreement, who is disruptive or not respectful of others in the workplace, or who in any way violates the Agreement or City policies. 2.10 REPORTING, STATUS AND MONITORING SPECIFICATIONS: 2.10.1 Vendor shall immediately notify the City of any event that may have a material impact on Vendor’s ability to perform the Agreement. 3. PRICING 3.1 METHOD AND RATE OF COMPENSATION: The City will compensate Vendor for the initial term as follows: See Exhibits A&B – Price/Costs Forms. 3.2 TYPE OF PRICING: Pricing under this Agreement is: See Exhibits A&B – Price/Costs Forms. 3.3 RENEWAL COMPENSATION: If this Agreement is renewed, the price shall be at the same rate as for the initial term unless a different compensation or formula for determining the renewal compensation is stated in this section. 212 of 921 Page 3 3.4 EXPENSES: Any expenses that Vendor may charge are shown in this section. The City will not compensate Vendor for expenses related to travel, lodging or meal. 3.5 TAX: Vendor shall not bill for any taxes unless accompanied by proof the City is subject to the tax. If necessary, Vendor may request the applicable City’s Illinois tax exemption number and federal tax exemption information. 3.6 INVOICING: Vendor shall invoice at the completion of the Agreement unless invoicing is tied in this Agreement to milestones, deliverables, or other invoicing requirements agreed to in this Agreement. Send invoices to . 3.7 PAYMENT TERMS AND CONDITIONS: 3.7.1 Invoices for payment shall be submitted by Vendor to City at the address set forth above, together with reasonable supporting documentation, City may require such additional supporting documentation as City reasonably deems necessary or desirable. Payment shall be made in accordance with the Illinois Local Government Prompt Payment Act, after City’s receipt of an invoice and all such supporting documentation. 3.7.2 Payments, including late payment charges, will be paid in accordance with all applicable laws and rules of the City of Evanston and the State of Illinois. Remedies provided for therein shall be Vendor’s sole remedy for late payments by the City. Payment terms contained on Vendor’s invoices shall have no force and effect. 3.7.3 The City will not pay for supplies provided or services rendered, including related expenses, incurred prior to the execution of this Agreement by the Parties even if the effective date of the Agreement is prior to execution. 3.7.4 As a condition of receiving payment Vendor must (i) be in compliance with the Agreement, (ii) pay its employees prevailing wages when required by law (Examples of prevailing wage categories include public works, printing, janitorial, window washing, building and grounds services, site technician services, natural resource services, security guard and food services). Vendor is responsible for contacting the Illinois Dept. of Labor 217-782-6206; http://www.state.il.us/Department/idol/index.htm to ensure compliance with prevailing wage requirements), (iii) pay its suppliers and subcontractors according to the terms of their respective contracts, and (iv) provide lien waivers to the City upon request. 4. STANDARD BUSINESS TERMS AND CONDITIONS 4.1 AVAILABILITY OF APPROPRIATION: This Agreement is contingent upon and subject to the availability of funds. The City, at its sole option, may terminate or suspend this Agreement, in whole or in part, without penalty or further payment being required, if a reduction in funding is necessary or advisable based upon actual or projected budgetary considerations. Vendor will be notified in writing of the failure of appropriation or of a reduction or decrease. 4.2 AUDIT/RETENTION OF RECORDS: Vendor shall for a period of three years following performance of the Services, keep and make available for the inspection, examination and audit by City or City’s authorized employees, agents or representatives, at all reasonable time, all records respecting the services and expenses incurred by Vendor, including without limitation, all book, accounts, memoranda, receipts, ledgers, canceled checks, and any other documents indicating, documenting, verifying or substantiating the cost and appropriateness of any and all expenses. If any invoice submitted by Vendor is found to have been overstated, Vendor shall provide City an immediate refund of the overpayment together with interest at the highest rate permitted by applicable law, and shall reimburse all of City’s expenses for and in connection with the audit respecting such invoice. 4.3 TIME IS OF THE ESSENCE: Time is of the essence with respect to Vendor’s performance of this Agreement. Vendor shall continue to perform its obligations while any dispute concerning the Agreement is being resolved, unless otherwise directed by the City. 4.4 NO WAIVER OF RIGHTS: Except as specifically waived in writing, failure by a Party to exercise or enforce a right does not waive that Party’s right to exercise or enforce that or other rights in the future. 4.5 FORCE MAJEURE: Failure by either Party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control and not due to its negligence including acts of nature, acts of terrorism, riots, labor disputes, fire, flood, explosion, and governmental prohibition. The non-declaring Party may cancel the Agreement without penalty if performance does not resume within 30 days of the declaration. 4.6 CONFIDENTIAL INFORMATION/FOIA: Each Party, including its agents and subcontractors, to this Agreement may have or gain access to confidential data or information owned or maintained by the other Party in the course of carrying out its responsibilities under this Agreement. Vendor shall presume all information received from the City or to which it gains access pursuant to this Agreement is confidential. Vendor information, unless clearly marked as confidential and exempt from disclosure under the Illinois Freedom of Information Act (“FOIA”), 5 ILCS 140/7 et. seq., shall be considered public. No confidential data collected, maintained, or used in the course of performance of the Agreement shall be disseminated except as authorized by law and with the written consent of the disclosing Party, either during the period of the Agreement or 213 of 921 Page 4 thereafter. The receiving Party must return any and all data collected, maintained, created or used in the course of the performance of the Agreement, in whatever form it is maintained, promptly at the end of the Agreement, or earlier at the request of the disclosing Party, or notify the disclosing Party in writing of its destruction. Upon notification by the City that it has received a Freedom of Information Act request that calls for records within the Vendor’s control, the Vendor shall promptly provide all requested records to the City so that the City may comply with the request within the limited statutory timeframes required by FOIA. Vendor shall indemnify and defend the City from and against all claims arising from the City’s exceptions to disclosing certain records which Vendor may designate as proprietary or confidential. Compliance by the City with an opinion or a directive from the Illinois Public Access Counselor or the Attorney General under FOIA, or with a decision or order of Court with jurisdiction over the City, shall not be a violation of this Section. 4.7 USE AND OWNERSHIP: All originals, duplicates and negatives of all plans, drawings, reports, photographs, charts, programs, models, specimens, specifications, AutoCad Version 2007, Excel spreadsheets, PDF, and other documents or materials required to be furnished by Vendor hereunder, including drafts and reproduction copies thereof, shall be and remain the exclusive property of City, and City shall have the unlimited right to publish and use all or any part of the same without payment of any additional royalty, charge, or other compensation to Vendor. Upon the termination of this Agreement, or upon request of City, during any stage of the Services, Vendor shall promptly deliver all such materials to City. Vendor shall not publish, transfer, license or, except in connection with carrying out obligations under this Agreement, use or reuse all or any part of such reports and other documents, including working pages, without the prior written approval of City, provided, however, that Vendor may retain copies of the same for Vendor’s own general reference. 4.8 INDEMNIFICATION AND LIABILITY: Vendor shall defend, indemnify and hold harmless the City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including but not limited to costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of Vendor or Vendor’s subcontractors, employees, agents or subcontractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. Nothing contained herein shall be construed as prohibiting the City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. Vendor shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. At the City Corporation Counsel’s option, Vendor must defend all suits brought upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Vendor of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Project by Vendor must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City. To the extent permissible by law, Vendor waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums due under any Losses, including any claim by any employee of Vendor that may be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision, including but not limited to, Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991). The City, however, does not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the Illinois Pension Code or any other statute. Vendor shall be responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from or arising out of any act or omission, neglect, or misconduct in the performance of its Work or its subcontractors’ work. Acceptance of the work by the City will not relieve Vendor of the responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for loss or damage resulting therefrom. All provisions of this Section 4.8 shall survive completion, expiration, or termination of this Agreement. 4.9 INSURANCE: Vendor shall, at its own expense, secure and maintain in effect throughout the duration of this contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services and work hereunder by Vendor, its agents, representatives, employees or subcontractors. Vendor acknowledges and agrees that if it fails to comply with all requirements of this Section 4.9, the City may void this Agreement. Vendor must give to the City Certificates of Insurance identifying the City to be an additional insured for the services required pursuant to the Agreement before City staff recommends award of the contract to City Council. Any limitiations or modifications on the Certificate of Insurance issued to the City in compliance with this Section that conflict with the provisions of this Section 4.9 shall have no force and effect. If requested, Vendor shall give the City a certified copy(ies) of the insurance policy(ies) evidencing the amounts set forth in this Section. The policies must be delivered to the City within two (2) weeks of the request. All insurance policies shall be written with insurance companies licensed or authorized to do business in the State of Illinois and having a rating of not less than A-VII according to the A.M. Best Company. Should any of the insurance policies be canceled before the expiration date, the issuing company will mail thirty (30) days written notice to the City. Vendor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. Vendor shall carry and maintain at its own cost with such companies as are reasonably acceptable to City all necessary liability 214 of 921 Page 5 insurance (which shall include as a minimum the requirements set forth below) during the term of this Agreement, for damages caused or contributed to by Vendor, and insuring Vendor against claims which may arise out of or result from vendor’s performance or failure to perform hereunder: a) Worker’s compensation in statutory limits and employer’s liability insurance in the amount of at least five hundred thousand dollars ($500,000); b) Comprehensive general liability coverage which designates the City as an additional insured for not less than three million dollars ($3,000,000) combined single limit for bodily injury, death and property damage, per occurrence; c) Comprehensive automobile liability insurance covering owned, non-owned, and leased vehicles for not less than one million dollars ($1,000,000) combined single limit for bodily injury, death, or property damage, per occurrence; and d) Errors and omissions or professional liability insurance respecting any insurable professional services hereunder in the amount of at least one million dollars ($1,000,000). Vendor shall give to the City certificates of insurance for all Services done pursuant to this Agreement before Vendor performs any Services, and, if requested by City, certified copies of the policies of insurance evidencing the coverage and amounts set forth in this Section. The City may also require Vendor to provide copies of the Additional Insured Endorsement to said policy(ies) which name the City as an Additional Insured for all of Vendor’s Services and work under th is Agreement. Any limitations or modification on the certificate of insurance issued to the City in compliance with this Section that conflict with the provisions of this Section shall have no force and effect. Vendor’s c ertificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without thirty (30) days prior written notice (hand delivered or registered mail) to City. Vendor understands that the acceptance of certificates, policies and any other documents by the City in no way releases the Vendor and its subcontractors from the requirements set forth herein. Vendor expressly agrees to waive its rights, benefits and entitlements under the “Other Insurance” clause of its commercial gener al liability insurance policy as respects the City. In the event Vendor fails to purchase or procure insurance as required above, the parties expressly agree that Vendor shall be in default under this Agreement, and that the City may recover all losses, attorney’s fees and costs expended in pursuing a remedy or reimbursement, at law or in equity, against Vendor. 4.10 INDEPENDENT CONTRACTOR: Vendor’s status shall be that of an independent Vendor and not that of a servant, agent, or employee of City. Vendor shall not hold Vendor out, nor claim to be acting, as a servant, agent or employee of City. Vendor is not authorized to, and shall not, make or undertake any agreement, understanding, waiver or representation on behalf of City. Vendor shall at its own expense comply with all applicable workers compensation, unemployment insurance, employer’s liability, tax withholding, minimum wage and hour, and ot her federal, state, county and municipal laws, ordinances, rules, regulations and orders. Vendor agrees to abide by the Occupational Safety & Health Act of 1970 (OSHA), and as the same may be amended from time to time, applicable state and municipal safety and health laws and all regulations pursuant thereto. 4.11 SOLICITATION AND EMPLOYMENT: Vendor shall not employ any person employed by the City during the term of this Agreement to perform any work under this Agreement. Vendor shall give notice immediately to the City if Vendor solicits or intends to solicit City employees to perform any work under this Agreement. 4.12 COMPLIANCE WITH APPLICABLE STATUTES, ORDINANCES, AND REGULATIONS: In performing the Services, Vendor shall comply with all applicable federal, state, county, and municipal statutes, ordinances and regulations, at Vendor’s sole cost and exp ense, except to the extent expressly provided to the contrary herein. Whenever the City deems it reasonably necessary for security reasons, the City may conduct at its own expense, criminal and driver history background checks of Vendor’s officers, employee s, subcontractors, or agents. Vendor shall immediately reassign any such individual who in the opinion of the City does not pass the background check. 4.13 BACKGROUND CHECK: Whenever the City deems it reasonably necessary for security reasons, the City may conduct at its expense, criminal and driver history background checks of Vendor’s and subcontractors officers, employees or agents. Vendor or subcontractor shall reassign immediately any such individual who, in the opinion of the City, does not pass the background check. 4.14 APPLICABLE LAW/VENUE: This Agreement shall be construed in accordance with and is subject to the laws and rules of the City of Evanston and the State of Illinois. The Department of Human Rights’ Equal Opportunity requirements (44 Ill. Adm. Code 750) are incorporated by reference. The City shall not enter into binding arbitration to resolve any dispute related to this Agreement. The City does not waive tort immunity by entering into this Agreement. In compliance with the Illinois and federal Constitutions, the Illinois Human Rights Act, the U. S. Civil Rights Act, and Section 504 of the federal Rehabilitation Act and other applicable laws and rules, the City does not unlawfully discriminate in employment, contracts, or any other activity. Venue for any action out of or due to this Agreement shall be in Cook County, Illinois. 4.15 ANTI-TRUST ASSIGNMENT: If Vendor does not pursue any claim or cause of action it has arising under antitrust laws relating to the subject matter of the Agreement, then upon request of the City’s Corporation Counsel, Vendor shall assign to the City rights, title and interest in and to the claim or cause of action. 4.16 CONTRACTUAL AUTHORITY: The Department that signs for the City shall be the only City entity responsible for performance and payment under the Agreement. When the City’s authorized designee signs in addition to an Department, they do so as approving officer and shall have no liability to Vendor. 215 of 921 Page 6 4.17 NOTICES: Notices and other communications provided for herein shall tbe given in writing by registered or certified mail, return receipt requested, by receipted hand delivery, by courier (UPS, Federal Express or other similar and reliable carrier), by e-mail, or by fax showing the date and time of successful receipt. Notices shall be sent to the individuals who signed the Agreement using the contact information following the signatures. Each such notice shall be deemed to have been provided at the time is is acturally received. By giving notice, either party may charge this contact information. 4.18 MODIFICATIONS AND SURVIVAL: Amendments, modifications and waivers must be in writing and signed by authorized representatives of the Parties. Any provision of this Agreement officially declared void, unenforceable, or against public policy, shall be ignored and the remaining provisions shall be interpreted, as far as possible, to give effect to the Parties’ intent. All provisions that by their nature would be expected to survive, shall survive termination. In the event of a conflict between the City’s and Vendor’s terms, conditions and attachments, the City’s terms, conditions and attachments shall prevail. 4.19 PERFORMANCE RECORD / SUSPENSION: Upon request of the City, Vendor shall meet to discuss performance or provide contract performance updates to help ensure proper performance of the Agreement. The City may consider Vendor’s performance under this Agreement and compliance with law and rule to determine whether to continue the Agreement, suspend Vendor from doing future business with the City for a specified period of time, or to determine whether Vendor can be considered responsible on specific future contract opportunities. 4.20 FREEDOM OF INFORMATION ACT: This Agreement and all related public records maintained by, provided to or required to be provided to the City are subject to the Illinois Freedom of Information Act notwithstanding any provision to the contrary that may be found in thi s Agreement. 4.21 SUCCESSORS AND ASSIGNS: The City and Vendor each bind themselves and their partners, successors, executors, administrators, and assigns to the other party of the Agreement and to the partners, successors, executors, administrators, and assigns of such other party in respect to all covenants of this Agreement. Neither the City nor Vendor shall assign, sublet, or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body, which may be a party hereto, nor shall it be construed as giving any right or benefits hereunder to anyone other than the City and Vendor. 4.22 WAIVER: Any failure or delay by City to enforce the provisions of this Agreement shall in no way constitute a waiver by City of any contractual right hereunder, unless such waiver is in writing and signed by City. 4.23 SEVERABILITY: In the event that any provision of this Agreement should be held void, or unenforceable, the remaining portions hereof shall remain in full force and effect. 4.24 COUNTERPARTS: For convenience, this Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original. 4.25 SAVINGS CLAUSE: If any provision of this Agreement, or the application of such provision, shall be rendered or declared invalid by a court of competent jurisdiction, or by reason of its requiring any steps, actions, or results, the remaining parts or portions of this Agreement shall remain in full force and effect. 4.26 INTEGRATION: This Agreement sets forth all the covenants, conditions and promises between the parties with regard to the subject matter set forth herein. There are no covenants, promises, agreements, conditions or understandings between the parties, either oral or written, other than those contained in this Agreement. This Agreement has been negotiated and entered into by each party with the opportunity to consult with its counsel regarding the terms therein. No portion of the Agreement shall be construed against a party due to the fact that one party drafted that particular portion as the rule of contra proferentem shall not apply. In the event of any inconsistency between this Agreement, and any Exhibits, this Agreement shall control over the Exhibits. In no event shall any proposal or contract form submitted by Vendor be part of this Agreement unless agreed to in a writing signed by both parties and attached and referred to herein as an Addendum, and in such event, only the portions of such proposal or contract form consistent with this Agreement and Exhibits hereto shall be part hereof. 4.27 COSTS INCURRED The Municipality assumes no responsibility or liability for costs incurred by the Proposer prior to the execution of a contract. This includes costs incurred by the Proposer as a result of preparing a response to this agreement. 5. STANDARD CERTIFICATIONS 5.1 As part of each certification, Vendor acknowledges and agrees that should Vendor or its subcontractors provide false information, or fail to be or remain in compliance with the Standard Certification requirements, one or more of the following sanctions will apply:  the Agreement may be void by operation of law,  the City may void the Agreement, and 216 of 921 Page 7  Vendor and it subcontractors may be subject to one or more of the following: suspension, debarment, denial of payment, civil fine, or criminal penalty. Identifying a sanction or failing to identify a sanction in relation to any of the specific certifications does not waive imposition of other sanctions or preclude application of sanctions not specifically identified. 5.2 Vendor certifies it and its employees will comply with applicable provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) and applicable rules in performance under this Agreement. 5.3 Vendor certifies it is a properly formed and existing legal entity (30 ILCS 500/1.15.80, 20-43); and as applicable has obtained an assumed name certificate from the appropriate authority, or has registered to conduct business in Illinois and is in good standing with the Illinois Secretary of State. 5.4 If Vendor, or any officer, director, partner, or other managerial agent of Vendor, has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Vendor certifies at least five years have passed since the date of the conviction. Vendor further certifies that it is not barred from being awarded a contract and acknowledges that the City shall declare the Agreement void if this certification is false (30 ILCS 500/50-10.5). 5.5 Vendor certifies that it and its affiliates are not delinquent in the payment of any fees, fines, damages, or debts to the City. 5.6 In accordance with the Steel Products Procurement Act, Vendor certifies 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 head of the procuring Department grants an exception (30 ILCS 565). 5.7 Vendor certifies it has not been convicted of bid rigging or bid rotating or any similar offense, nor has Vendor made an admission of guilt of such conduct that is a matter of record (720 ILCS 5/33 E-3, E-4). 5.8 Vendor certifies it complies with the Section 1-12-5 of the City of Evanston Code and the Illinois Department of Human Rights Act and rules applicable to public contracts, including equal employment opportunity, refraining from unlawful discrimination, and having written sexual harassment policies (775 ILCS 5/2-105). 5.9 Vendor certifies that it shall employ only persons duly licensed by the State of Illinois to perform professional services under th is Agreement for which applicable Illinois law requires a license, subject to prior approval of the City. 5.10 Vendor certifies that if more favorable terms are granted by Vendor to any similar governmental entity in any state in a contemporaneous agreement let under under the same or similar financial terms and circumstances for comparable goods or services, the more favorable terms shall be applicable under this Agreement. 6.0 DISCLOSURES AND CONFLICTS OF INTEREST Section 1: Conflict of Interest Prohibited Vendor represents and warrants that no prior or present services provided by Vendor to third parties conflict with the interests of City in respect to the Services being provided hereunder except as shall have been expressly disclosed in writing by Vendor to City and consented to in writing to City. Section 2: Debarment/Legal Proceeding Disclosure (All Vendors must complete this section). Vendor must identify any of the following that occurred for it or any if its officers or directors within the previous 10 years: Debarment from contracting with any governmental entity Yes No Professional licensure discipline Yes No Bankruptcies Yes No Adverse civil judgments and administrative findings Yes No Criminal felony convictions Yes No If any of the above is checked yes, please identify with descriptive information the nature of the debarment and legal proceeding. The City reserves the right to request more information, should the information need further clarification. 7. SUPPLEMENTAL PROVISIONS 217 of 921 Page 8 7.1 City Supplemental Provisions Definitions Required Federal Clauses, Certifications and Assurances ARRA Requirements (American Recovery and Reinvestment Act of 2009) Prevailing Wage (820 ILCS 130/1 et seq.) M/W/EBE Subcontracting Requirements Other (describe) 7.2 Vendor Supplemental Provisions 218 of 921 Page 9 TAXPAYER IDENTIFICATION NUMBER I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S. resident alien).  If you are an individual, enter your name and SSN as it appears on your Social Security Card.  If you are a sole proprietor, enter the owner’s name on the name line followed by the name of the business and the owner’s SSN or EIN.  If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s name on the name line and the d/b/a on the business name line and enter the owner’s SSN or EIN.  If the LLC is a corporation or partnership, enter the entity’s business name and EIN and for corporations, attach IRS acceptance letter (CP261 or CP277).  For all other entities, enter the name of the entity as used to apply for the entity’s EIN and the EIN. Name: Business Name: Taxpayer Identification Number: Social Security Number or Employer Identification Number Legal Status (check one): Individual Governmental Sole Proprietor Nonresident alien Partnership ECity or trust Legal Services Corporation Pharmacy (Non-Corp.) Tax-exempt Pharmacy/Funeral Home/Cemetery (Corp.) Corporation providing or billing Limited Liability Company (select applicable tax classification) medical and/or health care services D = disregarded entity C = corporation Corporation NOT providing or billing P = partnership medical and/or health care services Signature: Date: 219 of 921 For the City Council Meeting of May 10, 2010 Item # For City Council Meeting of April 8, 2019 Item A18 Business of the City by Motion: Purchase of City Vehicles For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Erika Storlie, Assistant City Manager/ Director of Administrative Services Sean Ciolek, Division Manager of Facilities and Fleet Subject: Purchase of City Vehicles Date: April 8, 2019 Recommended Action: Staff recommends City Council approval of the purchase of four (4) vehicles for operations in the Public Works Agency and the Police Department. The following vehicles will be purchased: one (1) 2019 Ford Pickup with Service Body from Currie Motors Fleet (10125 W. Laraway, Frankfort, IL 60423) in the amount of $42,548.00; one (1) 2019 Peterbilt Dump Truck from in the amount of $208,888.00 and one (1) 2019 Peterbilt 11 Yd. Refuse Truck in the amount of $147,831.00 from JX Peterbilt (42400 Old Highway 41, Wadsworth, IL 60083); and one (1) BMW Motorcycle from Schlossmann Motorcycles of Milwaukee (12011 W. Silver Spring Drive, Milwaukee, WI 53225) in the amount of $32,613.50. Funding Source: Funding for the purchase of these four vehicles will be from the Equipment Replacement Fund (Account 601.19.7780.65550) in the amount of $431,880.50, which has a budgeted amount of $1,622,977. This expenditure represents 26.6% of this budgeted amount. The ERF will be reimbursed approximately $30,000 if court proceedings are successful (see Summary) Livability Benefit: Built Environment: Enhance public spaces. Climate & Energy: Reduce greenhouse gas emissions. Summary: The recommended vehicle purchases will support daily operations of the Public Works Agency and the Police Department. The current overall strategy includes replacement of these vehicles in combination with the re-purposing of some existing vehicles to other less strenuous uses in order to maximize full use and value throughout the entire life of the vehicles. Vehicle #569 will be a Ford F-250 XL 4x4 Pickup with Service Body and Snow Plow used by the Forestry Division of the Public Works Agency. It will be utilized to tow a stump grinder used in their operations. It will replace existing Vehicle #569 (a 2004 Memorandum 220 of 921 Ford F-350 4x4 Pickup which has had 130 service visits and $57,988.23 worth of in- house and vendor repairs over the life of the vehicle which was purchased for $37,166.35 in 2004). The existing vehicle will either be re-purposed to other uses in the Fleet or auctioned. Vehicle #629 will be a Peterbilt 348 Cab with 14’ Stainless Steel Radius Dump Spreader (RDS) Body used by the Streets Division of the Public Works Agency. It is a versatile vehicle that can be used as a dump truck or as a spreader. It will replace existing Vehicle #629 (a 1999 International 4900 which has had 470 service visits and $311,673.09 worth of in-house and vendor repairs over the life of the vehicle which was purchased for $115,841.01 in 1999). The existing vehicle will be auctioned. Vehicle #719 will be a Peterbilt 337 Cab with Loadmaster Legacy 11 yd. Rear Loading Refuse Body used by the Recycling & Environmental Maintenance Division of the Public Works Agency. It will replace existing Vehicle #719 (a 2012 Freightliner M2106 which has had 90 service visits and $80,387.69 worth of in-house and vendor repairs over the life of the vehicle which was purchased for $153,170.00 in 2011). The existing vehicle will be placed in reserve for when other refuse trucks are out of service and eventually auctioned. Vehicle #M4 will be a 2019 BMW R1250RTP Motorcycle used by the Traffic Division of the Police Department. This vehicle is instrumental to Traffic operations. It will replace existing Vehicle #M4 (a 2016 Harley Davidson Roadking Motorcycle which had 11 service visits and $7,788.50 worth of in-house and vendor repairs over the life of the vehicle which was purchased after a three year lease for $15,468.00 but outfitted separately in 2016). The existing vehicle was damaged in a crash on July 25, 2018 and deemed a total loss. Since this was the second motorcycle crash in as many years that deemed the vehicle a total loss, fleet staff was tasked with exploring different options to maximize safety, performance and to balance the up-front purchase price with the amount spent on maintenance and replacement. After researching and weighing several different manufacturers, Fleet and Police staff determined that the vehicle should be replaced with a BMW R1250RT-P as it was found to be one of the best overall performing motorcycles in the Michigan State Police annual fleet study over the last 10 years. This motorcycle achieved the fastest lap time, came in first for brake testing and fastest overall average deceleration rate. Crash protection compartments/bars to protect the vehicle combined with a dynamic riding feature prevents accidents on gravel and wet roads and minimizes repair costs. Staff also found that the high performance, reliability, serviceability and weight made it an option worth pursuing as a trial unit as opposed to the Harley Davidson motorcycles that currently make up the motorcycle fleet. This single source purchase will allow Fleet and Police staff the opportunity to see how the vehicle performs and if it makes sense to potentially shift to this type of motorcycle in the future as the other motorcycles in the fleet age out. EPD staff test rode the BMW and were satisfied with its rideability. The purchase price of $32,613.50 includes all necessary upfitting by the vendor including lights, sirens and accessories. 221 of 921 Staff anticipates the BMW will result in lower maintenance costs throughout the useful life of the vehicle since it is more affordable to service and also more affordable to make repairs if damaged in an accident. The price for the BMW includes 6,000 mile oil change service intervals and comes with a 3-year/60,000 mile limited warranty at no extra charge. The vendor will pick up and drop off the bike when servicing. Staff also looked into the option to lease this vehicle but found it to be cost prohibitive. By moving forward with this single source purchase from this vendor, the motorcycle will be in hand in time for the spring season. The Law Department is currently in litigation to recover the replacement cost of the motorcycle as the accident was deemed to be the fault of the driver of the vehicle, not the fault of the police officer on the motorcycle. Should a successful outcome arise, any proceeds garnered from the opposing party’s insurance company will be deposited into the ERF. The recommended replacement unit purchases are as follows: Division Unit # Replacement Description Model Year Purchase Price Type of Bid Vendor PWA Forestry 569 Ford F-250 w/ Service Body 2019 $42,548.00 SPC #178 Currie Ford PWA Streets 629 Peterbilt 348 w/ 14’ RDS Dump Body 2019 $208,888.00 Sourcewell Contract #81716 JX Peterbilt PWA Recycling 719 Peterbilt 337 w/ 11 yd. Refuse Body 2019 $147,831.00 Sourcewell Contract #81716- PMC JX Peterbilt Police Traffic M4 BMW R1250RT-P 2019 $32,613.50 Single Source Schlossmann Motorcycles The vehicles listed above for replacement support daily operations for the Public Works Agency and the Police Department Traffic Division. The replacement of these vehicles is crucial for safe, reliable, environmentally friendly, and cost effective operations. The one (1) Ford Pickup is a eight (8) cylinder Flex-Fuel units capable of using B20 fuel as well as regular 87 octane fuel. The two (2) Peterbilt trucks are EPA emissions compliant diesel units. The one (1) BMW Motorcycle uses unleaded 95 octane fuel. All vehicles will provide increased miles per gallon driven and reduced emissions as a result of the latest vehicle emission technology available in the marketplace at this point in time. 222 of 921 Existing vehicles being replaced will be auctioned off as Sale of Surplus or re-assigned as needed. Currie Motors is the Northwest Municipal Conference Suburban Purchasing Cooperative Competitive Bid (SPC) winner for the purchase of one (1) of these units. Currie Motors has been a responsive and responsible bid winner of the N.W.M.C. for many years and as such, have provided efficient turn-around to our ordering and timely delivery needs. JX Peterbilt has been awarded the Sourcewell Contract for the purchase of two (2) units. JX Peterbilt has also been a responsive and responsible joint purchasing bid winner for many years. There are no Evanston based businesses that can provide these types of vehicles. Attachments Specifications & pricing for the four (4) vehicles 223 of 921 Currie Commercial Center 10125 W. Laraway, Frankfort, Illinois, 60423 Office: 815-464-9200 Customer Proposal Prepared for: CITY OF EVANSTON Prepared by: THOMAS SULLIVAN Office: 815-464-9200 Date: 02/19/2019 Vehicle: 2019 F-250 XL 4x4 SD Regular Cab 8' box 142" WB SRW 1224 of 921 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availabilityor pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared for: CITY OF EVANSTON By: THOMAS SULLIVAN Date: 02/19/2019 Currie Commercial Center10125 W. Laraway, Frankfort, Illinois, 60423Office: 815-464-92002019 F-250, SD Regular Cab4x4 SD Regular Cab 8' box 142" WB SRW XL(F2B)Price Level: 950Major Equipment(Based on selected options, shown at right)6.2L V-8 SOHC w/SMPI 385hpExterior:Oxford WhiteTorqShift-G 6 speed automatic w/ODInterior:Medium Earth Gray*Rear locking differential driver selectable*4-wheel ABS*Brake assistance*Traction control* LT 245/75R17 E BSW AT S-rated tires*Battery with run down protection*Firm suspension*Advance Trac w/Roll Stability Control*Air conditioning*Tinted glass* AM/FM stereo with seek-scan, externalmemory control*Bluetooth streaming audio*Daytime running*Dual power remote heated mirrors* Variable intermittent wipers*17 x 7.5 steel wheels*Dual front airbags w/passenger cancel*Driver and front passenger seat mounted sideairbags*SecuriLock immobilizer*Tachometer*Message Center*Reclining front bucket seats*Audio control on steering wheel*Class V hitch*Front axle capacity: 6000 lbs.*Rear axle capacity: 6200 lbs.*Front spring rating: 4400 lbs.*Rear spring rating: 6340 lbs.*Frame section modulus: 10.7 cu.in.*Frame Yield Strength 50000 psi*Cab to axle: 56.1"* Axle to end of frame: 47.6"Fuel EconomyCityN/AHwyN/ASelected OptionsMSRPSTANDARD VEHICLE PRICE$35,945.00Order Code 600AN/CEngine: 6.2L 2-Valve SOHC EFI NA V8 Flex-Fuel IncludedTransmission: TorqShift-G 6-Spd Auto w/SelectShift IncludedGVWR: 10,000 lb Payload PackageIncludedWheels: 17" Argent Painted SteelIncluded142" WheelbaseSTDMonotone Paint ApplicationSTD50-State Emissions SystemSTDOxford WhiteN/CVinyl 40/Mini-Console/40 Front Seat (Fleet) $355.00Medium Earth GrayN/CElectronic-Locking w/3.73 Axle Ratio$390.00Tires: LT245/75Rx17E BSW A/T$165.00Spare Tire, Wheel, Carrier & Jack$295.00Pickup Box Delete-$625.00Rear Bumper DeleteIncludedRear View Camera & Prep Kit$415.00LED Roof Clearance Lights$95.00Trailer Brake Controller$270.00XL Value Package$1,000.002225 of 921 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availabilityor pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared for: CITY OF EVANSTON By: THOMAS SULLIVAN Date: 02/19/2019 Currie Commercial Center10125 W. Laraway, Frankfort, Illinois, 60423Office: 815-464-92002019 F-250, SD Regular Cab4x4 SD Regular Cab 8' box 142" WB SRW XL(F2B)Price Level: 9504.2" Center-Stack ScreenIncludedRadio: AM/FM Stereo/MP3 PlayerIncludedSYNC Communications & Entertainment System IncludedBright Chrome Hub Covers & Center Ornaments IncludedChrome Rear Step BumperIncludedSteering Wheel-Mounted Cruise ControlIncludedPower Equipment Group$915.00Accessory DelayIncludedManual Telescoping/Folding Trailer Tow Mirrors IncludedAdvanced Security PackIncludedPower LocksIncludedPower Tailgate LockIncludedPower Front Seat WindowsIncludedRemote Keyless EntryIncluded110V/400W Outlet$175.00Extra Heavy-Duty 200 Amp AlternatorIncludedUpfitter Switches (6)$165.00Daytime Running Lamps (DRL) (LPO)$45.00Amber LED Warning Strobes (Pre-Installed) $675.00Exterior Backup Alarm (Pre-Installed)$140.003226 of 921 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availabilityor pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared for: CITY OF EVANSTON By: THOMAS SULLIVAN Date: 02/19/2019 Currie Commercial Center10125 W. Laraway, Frankfort, Illinois, 60423Office: 815-464-92002019 F-250, SD Regular Cab4x4 SD Regular Cab 8' box 142" WB SRW XL(F2B)Price Level: 950SUBTOTAL$40,420.00Destination Charge $1,595.00TOTAL$42,015.004227 of 921 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared for: CITY OF EVANSTON By: THOMAS SULLIVAN Date: 02/19/2019 Currie Commercial Center 10125 W. Laraway, Frankfort, Illinois, 60423 Office: 815-464-9200 2019 F-250, SD Regular Cab 4x4 SD Regular Cab 8' box 142" WB SRW XL(F2B) Price Level: 950 Code Description MSRP Base Vehicle F2B Base Vehicle Price (F2B)$35,945.00 Packages 600A Order Code 600A N/C Includes: - Engine: 6.2L 2-Valve SOHC EFI NA V8 Flex-Fuel Flex-Fuel badge on fleet orders only. - Transmission: TorqShift-G 6-Spd Auto w/SelectShift - GVWR: 10,000 lb Payload Package - Wheels: 17" Argent Painted Steel Includes painted hub covers/center ornaments. Powertrain 996 Engine: 6.2L 2-Valve SOHC EFI NA V8 Flex-Fuel Included Flex-Fuel badge on fleet orders only. 44S Transmission: TorqShift-G 6-Spd Auto w/SelectShift Included X3E Electronic-Locking w/3.73 Axle Ratio $390.00 STDGV GVWR: 10,000 lb Payload Package Included Wheels & Tires TBM Tires: LT245/75Rx17E BSW A/T $165.00 64A Wheels: 17" Argent Painted Steel Included Includes painted hub covers/center ornaments. 512 Spare Tire, Wheel, Carrier & Jack $295.00 Spare tire is standard equipment; becomes optional when (66D) Pickup Box Delete is ordered. Other Options 142WB 142" Wheelbase STD PAINT Monotone Paint Application STD 96V XL Value Package $1,000.00 Includes: - 4.2" Center-Stack Screen - Radio: AM/FM Stereo/MP3 Player Includes 4 speakers. - SYNC Communications & Entertainment System Includes enhanced voice recognition with 911 Assist, 4.2" LCD center stack screen, AppLink, 1 smart-charging USB port and steering wheel audio controls. - Bright Chrome Hub Covers & Center Ornaments - Chrome Rear Step Bumper - Steering Wheel-Mounted Cruise Control Selected Options 5228 of 921 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared for: CITY OF EVANSTON By: THOMAS SULLIVAN Date: 02/19/2019 Currie Commercial Center 10125 W. Laraway, Frankfort, Illinois, 60423 Office: 815-464-9200 2019 F-250, SD Regular Cab 4x4 SD Regular Cab 8' box 142" WB SRW XL(F2B) Price Level: 950 Code Description MSRP 90L Power Equipment Group $915.00 Deletes passenger-side lock cylinder. Includes upgraded door trim panel. Includes: - Accessory Delay - Manual Telescoping/Folding Trailer Tow Mirrors Includes power heated glass, heated convex spotter mirror and integrated clearance lights and turn signal indicators. - Advanced Security Pack Includes SecuriLock Passive Anti-Theft System (PATS) and inclination/intrusion sensors. - Power Locks - Power Tailgate Lock - Power Front Seat Windows Includes 1-touch up/down driver/passenger window. - Remote Keyless Entry 66D Pickup Box Delete -$625.00 Deletes tie-down hooks, tailgate, rearview camera, 7/4 pin connector and center high-mounted stop lamp (CHMSL) (only on vehicles over 10,000 lbs.GVWR). Incomplete vehicle package - requires further manufacture and certification by a final stage manufacturer. In addition, Ford urges manufacturers to follow the recommendations of the Ford Incomplete Vehicle Manual and the Ford Truck Body Builder's Layout Book (and applicable supplements). Includes: - Rear Bumper Delete 52B Trailer Brake Controller $270.00 Verified to be compatible with select electric over hydraulic brakes. Includes smart trailer tow connector. 872 Rear View Camera & Prep Kit $415.00 Pre-installed content includes cab wiring, frame wiring to the rear most cross member and video display with electronic mirror and 4" display. Upfitters kit includes camera with mounting bracket, 14' jumper wire and camera mounting and aiming instructions. 592 LED Roof Clearance Lights $95.00 43C 110V/400W Outlet $175.00 REQUIRES Extra Extra Heavy-Duty Alternator (67E) when ordered with Upfitter Switches (66S) and Snow Plow Pkg. (473) or Snow Plow/Camper Pkg. (47B). Includes 1 in-dash mounted outlet. Includes: - Extra Heavy-Duty 200 Amp Alternator 66S Upfitter Switches (6)$165.00 REQUIRES Extra Extra Heavy-Duty Alternator (67E) when ordered with 110V/400W Outlet (43C) and Snow Plow Pkg. (473) or Snow Plow/Camper Pkg. (47B). Located in overhead console. Includes: - Extra Heavy-Duty 200 Amp Alternator 585_Radio: AM/FM Stereo/MP3 Player Included Includes 4 speakers. Includes: - SYNC Communications & Entertainment System Includes enhanced voice recognition with 911 Assist, 4.2" LCD center stack screen, AppLink, 1 smart-charging USB port and steering wheel audio controls. 91S Amber LED Warning Strobes (Pre- Installed) $675.00 Includes center high-mounted stop light bar and 2 hood mounted lights. 76C Exterior Backup Alarm (Pre-Installed)$140.00 Selected Options (cont'd) 6229 of 921 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared for: CITY OF EVANSTON By: THOMAS SULLIVAN Date: 02/19/2019 Currie Commercial Center 10125 W. Laraway, Frankfort, Illinois, 60423 Office: 815-464-9200 2019 F-250, SD Regular Cab 4x4 SD Regular Cab 8' box 142" WB SRW XL(F2B) Price Level: 950 Code Description MSRP Custom accessory. Fleet Options 942 Daytime Running Lamps (DRL) (LPO) $45.00 Requires valid FIN code. The non-controllable 942 Daytime Running Lamps (DRL) replace the standard Daytime Running Lamps (DRL). Includes on/off cluster controllable. L Vinyl 40/Mini-Console/40 Front Seat (Fleet) $355.00 Includes driver's side manual lumbar. Emissions 425 50-State Emissions System STD Interior Colors LS_01 Medium Earth Gray N/C Primary Colors Z1_01 Oxford White N/C Upfit Options A-01 4-Corner LED Strobes $895.00 F-0012 8' Steel Service Body $7,028.00 8' Knapheide Steel Service Body Spray Liner R-1116 8' Western Snow Plow $5,277.00 Cab Command P-01 Municpal Plates/Title-Shipped $203.00 SUBTOTAL $53,823.00 Destination Charge $1,595.00 TOTAL $55,418.00 Selected Options (cont'd) 7230 of 921 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared for: CITY OF EVANSTON By: THOMAS SULLIVAN Date: 02/19/2019 Currie Commercial Center 10125 W. Laraway, Frankfort, Illinois, 60423 Office: 815-464-9200 2019 F-250, SD Regular Cab 4x4 SD Regular Cab 8' box 142" WB SRW XL(F2B) Price Level: 950 Warranty Basic Distance 36,000 miles Months 36 months Powertrain Distance 60,000 miles Months 60 months Corrosion Perforation Distance Unlimited miles Months 60 months Roadside Assistance Distance 60,000 miles Months 60 months Warranty - Standard Equipment & Specs 8231 of 921 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared for: CITY OF EVANSTON By: THOMAS SULLIVAN Date: 02/19/2019 Currie Commercial Center 10125 W. Laraway, Frankfort, Illinois, 60423 Office: 815-464-9200 2019 F-250, SD Regular Cab 4x4 SD Regular Cab 8' box 142" WB SRW XL(F2B) Price Level: 950 Pricing - Single Vehicle MSRP Vehicle Pricing Base Vehicle Price $35,945.00 Options & Colors $4,475.00 Upfitting $13,403.00 Destination Charge $1,595.00 Discount Adjustments Discount -$12,870.00 Total $42,548.00 Customer Signature Acceptance Date 9232 of 921 233 of 921 234 of 921 235 of 921 236 of 921 237 of 921 238 of 921 239 of 921 240 of 921 241 of 921 242 of 921 243 of 921 244 of 921 245 of 921 246 of 921 247 of 921 248 of 921 249 of 921 250 of 921 251 of 921 252 of 921 253 of 921 254 of 921 255 of 921 256 of 921 257 of 921 258 of 921 259 of 921 260 of 921 261 of 921 262 of 921 R 1250 RT-P Motor Pricing Form Color Option Code 1 Night Black & Alpine White III 753 0 Night Black 716 0 Alpine White III (special order)751 0 Black Blue (special order +60 days)754 0 755 0 Violet Blue (special order +60 days)756 Revised 2/06/2019 0 Glacier Silver Metallic (special order)N99 Quotation:Motorcycle Option Code Retail Price $20,200.00 Factory Special-Order Options - Plan 90-120 Days for Delivery 0 193 $475.00 $0.00 0 Gear Shift Assist Pro 222 $475.00 $0.00 0 GPS Preparation 272 $205.00 $0.00 1 Dynamic Package (219, 224 + 182)238 $325.00 $325.00 0 Chrome Exhaust 350 $150.00 $0.00 0 Additional LED Headlights (driving lights)562 $450.00 $0.00 0 PA Microphone 599 $565.00 $0.00 0 High Seat Black 610 $0.00 $0.00 0 Low Seat Black 776 $0.00 $0.00 The Options Below denote Standard Order Deck - Removal is only by Special Order - Option Delete 1 Heated Seat 518 $159.09 $159.09 1 Tire Pressure Monitoring 530 $250.00 $250.00 1 Cruise Control 538 $350.00 $350.00 1 Weather Protection 649 $250.00 $250.00 Non-BMW Options or Additional Labor Operations Provided by Dealer $2,961.00 FMS Laptop Pivot mount (Generic) FMS_LPM-G $161.00 LIND Auto Adapter PA1580-3458 (computer power source-purchase online)$180.00 Radio Base Plate Generic FMSA-RBBP-G $57.00 FMS Laptop Power Supply Relay Harness FMSA-LPSRK $92.00 (2) FMS Saddlebag Inner Cover FMSA-SBIC $118.00 FMS Fairing USB Outlet w/Voltmeter & On and Off Switch $25.00 $299.00 (RH) FMS Mount for Zebra printer (ZQ520) $299.00 $529.00 $100.00 PD to Supply - Set Com Communication System - Installation only $100.00 Estimated Labor (excluding Axon Camera Installation and Set Com Installation)$1,400.00 Units Total Price - Page 1 $27,855.09 1 Total Price - Page 2 $2,309.68 Quotation valid for 60 days Total Price - Page 3 $1,308.44 from date noted below.Total Price - Page 4 $18.82 2/6/2019 Total Price - Page 5 $176.47 Dealer Basic Assembly / Preparation $450.00 Motorcycle Freight $495.00 Total Retail Price per Unit with Options $32,613.50 0.00%State Sales Tax (if applicable)$0.00 Total Retail Price per Unit with Options $32,613.50 Note: Prices subject to change without notice. Final price is always determined by the selling authorized BMW Motorcycle dealer. Saphir Blue (special order + 60 days) City of Evanston, IL Keyless Ride w/two transmitters DSR 2Ka Compact Display Stalker Radar for BMW R 1250 RT-P (Salker Quote #2026180) (LH) FMS Dragon Eye Speed Lidar Gun Holster Tomar Opticom T792 HL (Havey Quote 5491) PD to supply switch to activate body cam w/emrgency lights- Axon Camera Switch Installation Labor 263 of 921 R 1250 RT-P Motor Pricing Form See Special Notation Comment City of Evanston, IL Blue ID Light Selection (1) 1 Standard Blue Pod-Mounted ID Lights SID $0.00 $0.00 0 Round Blue License Plate ID Lights RID $0.00 $0.00 Per Emergency Warning Lights (10)BMW P/N Order # Retail $0.15 Total Retail 5 Red LED-X Light 63 17 2 361 718 5 $108.36 $541.82 5 Blue LED-X Light 63 17 2 361 719 5 $108.36 $541.82 0 Amber LED-X Light 63 17 2 361 720 0 $108.36 $0.00 0 White LED-X Light 63 17 2 361 721 0 $117.09 $0.00 0 Green LED-X Light 63 17 2 450 782 0 $117.09 $0.00 Rear Duplex Emergency Warning Light (1) 0 Duplex LED-X Red / Red 63 17 2 361 728 0 $345.88 $0.00 0 Duplex LED-X Blue / Blue 63 17 2 361 729 0 $378.25 $0.00 1 Duplex LED-X Red / Blue 63 17 2 361 730 1 $362.07 $362.07 0 Duplex LED-X Blue / Amber 63 17 2 361 731 0 $362.07 $0.00 0 Duplex LED-X Green / Green 63 17 2 450 783 0 $362.07 $0.00 0 Duplex LED-X Amber / Amber 63 17 2 450 784 0 $362.07 $0.00 Take-Down (4) Alley (2) TS (2) BT (2) Saddlebag Light (1) Red ID (1) 6 White Torus LED TDL/Alley 63 17 2 361 722 6 $76.91 $461.44 2 Auxiliary LED Turn Signals 63 17 2 361 725 2 $72.82 $145.65 2 Auxiliary LED Brake/Tail Light 63 17 2 361 726 2 $56.64 $113.27 1 Saddlebag LED Lights w/sensor switch 63 17 2 361 727 1 $143.61 $143.61 0 Red ID Lights (replacing blue ID lights) 63 17 2 361 724 0 $107.33 $0.00 0 Round Blue License Plate ID Light Kit 71 60 2 452 876 0 $130.59 $0.00 Video Integration 0 L3 Mobile Vision Display Mount 71 60 2 409 959 0 $34.41 $0.00 0 Video System Camera Mount 71 60 2 407 779 0 $19.41 $0.00 0 Road Warrior Display Head Mount 71 60 2 409 960 0 $34.41 $0.00 0 Road Warrior Processor Mount - Radio Box 65 14 2 153 832 0 $34.86 $0.00 0 Video System Icon Connection Plug 71 60 2 452 843 0 $8.53 $0.00 Note: Prices subject to change without notice. Always verify accuracy of part pricing before submitting quotations. Final price is always determined by the selling authorized BMW Motorcycle dealer. Quotation for: City of Evanston Police Department 264 of 921 R 1250 RT-P Motor Pricing Form Quotation for: City of Evanston, IL Additional Accessories Qty Item Description Per Additional Accessories BMW P/N Order # Retail Total Retail Dealer Installed Options / Retrofits 1 Shift Assistant Pro (hardware)23 41 8 536 884 1 $662.04 $662.04 1 Shift Assistant Pro - Enabling Code 77 15 8 395 839 1 $40.54 $40.54 0 Ride Modes Pro - Enabling Code 13 61 8 534 237 0 $202.89 $0.00 0 Also Requires DTC Enabling Code 13 61 8 550 119 0 $52.71 $0.00 0 Fire Extinguisher w/Bracket (1 Kg Dry Powder)72 60 0 000 335 0 $50.47 $0.00 0 Fire Extinguisher Mount Kit (for LH saddlebag)46 54 7 694 900 0 $101.05 $0.00 2 63 17 8 556 937 2 $151.24 $302.47 2 Bolt 6 x 40 (order 2)63 12 7 699 141 2 $5.35 $10.71 2 M6 Hex Nut (order 2)07 12 9 905 826 2 $3.00 $6.00 Requires Activation by Dealer - No Code Needed Convenience Options 0 51 25 8 540 950 0 $89.36 $0.00 0 66 12 8 555 168 0 $312.79 $0.00 1 Police Side Stand Extension / Base 71 60 2 412 389 1 $31.76 $31.76 1 LED Map Light 71 60 2 452 859 1 $99.27 $99.27 0 Work Light 71 60 7 705 570 0 $41.67 $0.00 0 Note Pad Holder 65 14 0 421 315 0 $42.35 $0.00 0 POLICE Decal Set 82 00 0 419 312 0 $70.51 $0.00 0 Rear Flashlight Holder - Right or Left 71 60 2 452 836 0 $117.65 $0.00 0 Rear Flashlight / PR24 Holder - Right 71 60 2 452 838 0 $176.47 $0.00 0 Rear Flashlight / PR24 Holder - Left 71 60 2 452 839 0 $176.47 $0.00 0 71 60 2 452 842 0 $111.76 $0.00 0 Ticket Book Holder (LAPD Style)71 60 2 452 848 0 $205.88 $0.00 0 Rear Vertical Shotgun Mount 71 60 2 452 890 0 $542.65 $0.00 0 M4 Combat Assault Rifle Mount 71 60 2 452 894 0 $676.47 $0.00 0 Shotgun / Assault Rifle Mounting Bracket 71 60 2 452 840 0 $52.06 $0.00 ###0 LAPD Rear Gun Lock Release 71 60 2 452 877 0 $69.71 $0.00 0 Gun Lock Variable Timer (required for above)71 60 2 452 895 0 $54.12 $0.00 0 Heated Seat - Low 52 53 8 544 786 0 $381.33 $0.00 0 Heated Seat - High 52 53 8 544 792 0 $381.33 $0.00 0 Tire Pressure Gauge 82 12 0 140 377 0 $32.12 $0.00 1 77 02 8 551 897 1 $155.65 $155.65 0 DVD Repair Manuals R Models K5x 01 59 8 555 666 0 $91.55 $0.00 0 Motorcycle Full Cover 71 60 2 450 408 0 $129.24 $0.00 Note: Prices subject to change without notice. Always verify accuracy of part pricing before submitting quotations. Final price is always determined by the selling authorized BMW Motorcycle dealer. LED Auxiliary Headlights Nano (order 2) Extra Ignition Key - No Keyless Ride Extra Ignition Key - Keyless Fob Transmitter PR24 Holder - Left (LAPD-Style) BMW Motorrad Battery Charger (2.5 Ah) 265 of 921 R 1250 RT-P Motor Pricing Form Quotation for: City of Evanston, IL Additional Accessories Qty Item Description Per Additional Accessories BMW P/N Order # Retail Total Retail GPS Navigation 0 BMW Navigator VI GPS Kit Complete 77 52 8 355 998 0 $759.20 $0.00 0 GPS Dashboard - Upper*77 31 8 545 667 0 $133.04 $0.00 0 GPS Dashboard - Lower*46 63 8 553 830 0 $318.74 $0.00 0 GPS Release Push Button*46 63 8 542 042 0 $5.74 $0.00 0 GPS Mount Cradle*77 52 7 721 941 0 $155.65 $0.00 0 Car Kit for Navigator VI 77 52 8 544 460 0 $144.94 $0.00 Storage Options 0 Saddlebag Liners (each)71 60 7 704 109 0 $85.41 $0.00 0 Tank Top Bag 77 45 8 543 227 0 $295.84 $0.00 Radio Options 1 Radio Power Plug Connector 71 60 2 452 887 1 $9.41 $9.41 0 Radio Speaker Plug 71 60 2 452 844 0 $9.41 $0.00 0 Helmet Headset Interface Plug 71 60 2 407 782 0 $9.41 $0.00 0 71 60 2 408 075 0 $25.59 $0.00 0 71 60 2 452 841 0 $11.76 $0.00 0 Radio "Y" Power Harness 71 60 2 452 880 0 $35.29 $0.00 0 Radio Quick Mounting Plate 71 60 2 408 076 0 $26.47 $0.00 0 Siren PA Cable Kit 71 60 2 447 074 0 $26.04 $0.00 0 Low Band Antenna Mount 71 60 2 448 421 0 $41.62 $0.00 0 800 MHz Antenna Ground Plate 71 60 2 452 882 0 $34.94 $0.00 Accessory Connection Plugs 1 Accessory Connection Plugs (3)71 60 2 452 846 1 $9.41 $9.41 0 71 60 2 452 847 0 $51.76 $0.00 0 Extension Cable - Power Socket 61 12 7 712 581 0 $46.07 $0.00 0 Power Socket Receptacle 61 34 7 694 306 0 $41.79 $0.00 0 Power Socket Plug - DIN 61 13 8 060 106 0 $26.12 $0.00 Engine Protection 0 Rocker Cover Protection - Available Q3-2019 77 14 8 406 187 0 $214.31 $0.00 0 Sump / Engine Protection Guard (order 1)11 84 8 532 939 0 $122.95 $0.00 0 07 12 9 908 076 0 $3.08 $0.00 0 Grommet (order 5)13 53 1 341 283 0 $2.49 $0.00 0 Bushing (order 5)11 84 8 544 832 0 $4.92 $0.00 0 Bracket front (order 1)11 84 8 532 937 0 $33.45 $0.00 0 Bracket Rear (order 1)11 84 8 532 940 0 $54.53 $0.00 0 07 14 7 693 887 0 $2.49 $0.00 0 07 12 9 907 382 0 $1.53 $0.00 Note: Prices subject to change without notice. Always verify accuracy of part pricing before submitting quotations. Final price is always determined by the selling authorized BMW Motorcycle dealer. * Parts Needed to Retrofit Nav to Std. Order Deck Unit Microphone Attachment Mount (need kit below)Microphone Attachment Mount (need kit below) Kustom/Stalker/MIC Remote Attachment Kit Tyco DUAC Release Tool Fillister Head Screws M6 x 20 (order 5) C-Clip Nut M6 (have been included w/brackets) Fillister Head Screws M8 x 25 (order 5) 266 of 921 R 1250 RT-P Motor Pricing Form Quotation for: City of Evanston, IL Radar Options 0 Front 12v Power Outlet (lighter style)71 60 2 407 785 0 $53.88 $0.00 0 Front Single USB Power Outlet 71 60 2 446 871 0 $49.41 $0.00 0 Fused Front Power Socket Harness 71 60 2 409 958 0 $29.12 $0.00 0 Radar Connection Plug 71 60 2 452 849 0 $8.24 $0.00 0 71 60 2 407 787 0 $42.35 $0.00 0 71 60 2 452 851 0 $41.47 $0.00 0 71 60 2 452 892 0 $31.33 $0.00 0 71 60 2 452 852 0 $64.38 $0.00 0 71 60 2 452 854 0 $67.06 $0.00 0 71 60 2 452 855 0 $21.18 $0.00 0 71 60 2 452 841 0 $11.76 $0.00 0 MPH Bee III Display Head Mount 71 60 2 409 957 0 $40.59 $0.00 0 Stalker DSR 2X Display Head Mount 71 60 2 452 856 0 $41.47 $0.00 1 Stalker Radar Remote Control Mounting Plate 71 60 2 452 837 1 $22.94 $22.94 1 Stalker Compact Display Head Mount 71 60 2 449 791 1 $41.47 $41.47 1 Stalker Compact Remote Control Mounting Plate 71 60 2 449 792 1 $22.94 $22.94 0 Stalker Dual Waterproof Display Head Mount 71 60 2 407 793 0 $45.88 $0.00 1 Stalker Front & Rear Antenna Mounts 71 60 2 452 858 1 $64.41 $64.41 1 Stalker Radar Counter Mount (radio box lid)71 60 2 407 795 1 $24.71 $24.71 0 71 60 2 407 797 0 $21.18 $0.00 0 71 60 2 452 884 0 $191.76 $0.00 0 71 60 2 452 885 0 $191.76 $0.00 0 71 60 2 452 886 0 $191.76 $0.00 0 71 60 2 407 798 0 $191.76 $0.00 0 65 14 0 415 846 0 $153.41 $0.00 0 Decatur Genesis Radar Holster Mount 65 14 0 445 545 0 $116.92 $0.00 Note: Prices subject to change without notice. Always verify accuracy of part pricing before submitting quotations. Final price is always determined by the selling authorized BMW Motorcycle dealer. Kustom Eagle Display Head Mount Kustom Raptor Display Head Mount Kustom Raptor Radar Counter Mount Kustom Ka Band Front & Rear Antenna Mounts Kustom K Band Front & Rear Antenna Mounts Kustom Radar Remote Control Mounting Plate Kustom/Stalker/MIC Remote Attachment Mount Radar / Lidar Gun Adaptor Plate MY19→ Kustom Talon Radar Gun Mount LTI Ultralite 20/20 Lidar Gun Mount Kustom Pro-Laser 3 Lidar Gun Mount Kustom Pro-Laser 4 Lidar Gun Mount Stalker Lidar Gun Mount (not XLR) 267 of 921 For City Council meeting of April 8, 2019 Item A19 Business of the City by Motion: IAFF Contract For Action To: Honorable Mayor and Members of the City Council From: Erika Storlie, Assistant City Manager/Administrative Services Director Michelle Masoncup, Corporation Counsel Jennifer Lin, Human Resources Division Manager Subject: Collective Bargaining Agreement – International Association of Fire Fighters (IAFF) Local 742 Date: April 3, 2019 Recommended Action: Staff recommends City Council authorize the City Manager to execute a collective bargaining agreement with the International Association of Fire Fighters (IAFF) Local 742, effective January 1, 2019 through December 31, 2022. Livability Benefits: Economy & Jobs: Support Quality Jobs Summary: City staff and representatives from the IAFF Union have been negotiating a new contract over the past several months. The attached agreement was agreed upon during mediation and has been ratified by the Union and represents a fair compromise between the City and the Union in light of the current financial situation of the City. Below is a summary of terms which have been updated for this contract: • The term of the contract is a four-year term, from January 1, 2019 through December 31, 2022. The four-year term will provide both parties with union security and stability. Furthermore, the lengthy term provides the City with the ability to properly and reasonably budget for salaries and expenses associated with these employees. • Wage increases have been secured for 0% effective 1/1/2019, 1% effective 12/31/2019, 1.5% effective 1/1/2020, 2.25% effective 1/1/2021, and 2.25% effective 1/1/2022. The union’s agreement for a 0% wage increase in 2019 and a low wage increase in 2020 will give the City the ability to significantly reduce and anticipate salary expenses to improve its financial situation. Memorandum 268 of 921 • The contract allows for an increase in employee contributions to insurance premiums to begin in 2020. The employee percentages will increase from 10% to 15% for PPO and 10% to 12% for HMO. • As a one-time consideration for concessions on wage increases, an additional 36 hours of comp time in 2019, 2020, and 2021 will be granted. Beginning 2022 and thereafter, an additional 24 hours of floating holiday hours will be granted and paid out to each member’s PEHP account. • The union has agreed to reduce the maximum sick days to be paid out from 620 to 600 hours beginning in 2022. • An MOU has been agreed upon between the City and the union where promoted division chiefs will be treated as bargaining unit members for a 5-year trial period. Attachments: IAFF 2019-22 Contract 269 of 921 AGREEMENT Between CITY OF EVANSTON, ILLINOIS And EVANSTON FIRE FIGHTERS ASSOCIATION LOCAL NO. 742 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO-CLC January 1, 2019 through December 31, 2022 270 of 921 ii Table of Contents ARTICLE I ......................................................................................................................... 2 Recognition and Representation ................................................................................... 2 Section 1.1. Recognition and Representation. ........................................................ 2 Section 1.2. Probationary Employees. ...................................................................... 2 ARTICLE II ........................................................................................................................ 3 Union Membership and Checkoff .................................................................................. 3 Section 2.1. Checkoff. ................................................................................................. 3 Section 2.2. Indemnification. ...................................................................................... 3 ARTICLE III ....................................................................................................................... 4 No Discrimination ............................................................................................................. 4 Section 3.1. General. ................................................................................................... 4 Section 3.2. Political Activity. ...................................................................................... 4 ARTICLE IV ....................................................................................................................... 5 Management Rights ......................................................................................................... 5 ARTICLE V ........................................................................................................................ 6 Seniority ............................................................................................................................. 6 Section 5.1. Definition. ................................................................................................ 6 Section 5.2. Layoff and Recall. .................................................................................. 6 Section 5.3. Vacation Selection on Scheduling Vacation. ..................................... 6 ARTICLE VI ....................................................................................................................... 7 Grievance Procedure ....................................................................................................... 7 Section 6.1. Definition of Grievance. ......................................................................... 7 Section 6.2. Grievance Committee: Stewards. ........................................................ 7 Section 6.3. Grievance Timing. .................................................................................. 7 Section 6.4. Time Limits. ............................................................................................. 9 Section 6.5. Investigation and Discussion. .............................................................. 9 Section 6.6. Civil Service. ........................................................................................... 9 Section 6.7. Disciplinary Meetings. ........................................................................... 9 Section 6.8. Disciplinary Grievances. ....................................................................... 9 ARTICLE VII .................................................................................................................... 11 No Strikes – No Lockouts ............................................................................................. 11 ARTICLE VIII................................................................................................................... 12 Leaves of Absence ........................................................................................................ 12 271 of 921 iii Section 8.1. Union Leave. ......................................................................................... 12 Section 8.2. Short-Term Military Leave. ................................................................. 12 Section 8.3. Active Military Service. ........................................................................ 12 Section 8.4. Education Leave. ................................................................................. 13 Section 8.5. Personal Leave. ................................................................................... 13 Section 8.6. Family and Medical Leave. ................................................................. 13 Section 8.7. Maternity Leave. ................................................................................... 16 ARTICLE IX ..................................................................................................................... 18 Wages and Benefits ....................................................................................................... 18 Section 9.1. Salary Schedules. ................................................................................ 18 Section 9.2. Paid Holidays. ....................................................................................... 18 Section 9.3. Paid Vacations. .................................................................................... 19 Section 9.4. Use of Banked Vacation Time. .......................................................... 20 Section 9.5. Sick Leave. ............................................................................................ 21 Section 9.6. Funeral Leave. ...................................................................................... 22 Section 9.7. Jury Duty. .............................................................................................. 22 Section 9.8. Uniforms. ............................................................................................... 23 Section 9.9. Educational Pay. .................................................................................. 23 Section 9.10. Longevity Pay. .................................................................................... 24 Section 9.11. Paramedic Differential. ...................................................................... 24 Section 9.12. Five-Day Employees. ........................................................................ 25 Section 9.13. Pay Differential. .................................................................................. 25 Section 9.14. Special Team Leaders ...................................................................... 25 Section 9.15. EMS/Paramedic Shift Coordinator. ................................................. 27 Section 9.16. Deferred Compensation Program. .................................................. 28 ARTICLE X ...................................................................................................................... 29 Hours of Work and Overtime ........................................................................................ 29 Section 10.1. Normal Workday and Work Cycle. .................................................. 29 Section 10.2. Overtime. ............................................................................................. 29 Section 10.3. Compensatory Time. ......................................................................... 30 Section 10.4. Saturday Schedule. ........................................................................... 32 Section 10.5. Trade Policy. ....................................................................................... 32 ARTICLE XI ..................................................................................................................... 33 Group Insurance ............................................................................................................. 33 272 of 921 iv Section 11.1. Group Life Insurance. ........................................................................ 33 Section 11.2. Group Hospital-Surgical-Major Medical Insurance. ...................... 33 Section 11.3. Section 125 Plan. ............................................................................... 35 Section 11.4. Dental Plan Option. ........................................................................... 35 Section 11.5. Medical Insurance – Line of Duty Death. ....................................... 35 Section 11.6. Post-Employment Health Plan. ........................................................ 35 Section 11.7. Heath Insurance Opt-Out. ................................................................ 36 ARTICLE XII .................................................................................................................... 37 Labor-Management Conferences ................................................................................ 37 Section 12.1. Meeting Request. ............................................................................... 37 Section 12.2. Content. ............................................................................................... 37 Section 12.3. Procedures.......................................................................................... 37 Section 13.1. Safety. .................................................................................................. 38 Section 13.2. Exchange of Duty. ............................................................................. 38 Section 13.3. Rate of Pay for Serving in Higher Rank. ........................................ 38 Section 13.4. Outside Details. .................................................................................. 38 Section 13.5. Additional Duties. ............................................................................... 39 Section 13.6. Joint Safety Committee. .................................................................... 39 Section 13.7. Formal Training, ................................................................................. 40 Section 13.8. Mutual Aid. .......................................................................................... 41 Section 13.9. Pension System. ................................................................................ 41 Section 13.10. Light Duty. ......................................................................................... 41 Section 13.11. Bulletin Boards. ................................................................................ 42 Section 13.12. Job Descriptions. ............................................................................. 42 Section 13.13. Credit Union Checkoff. .................................................................... 42 Section 13.14. Bed Linens. ....................................................................................... 42 Section 13.15. Sick Leave Rules. ............................................................................ 43 Section 13.16. Hearings. ........................................................................................... 44 Section 13.17. Physical Fitness Program. ............................................................. 44 Section 13.18. New Classifications. ........................................................................ 46 Section 13.19. Maintenance of Service Levels. .................................................... 47 Section 13.20. Outside Employment. ...................................................................... 49 ARTICLE XIV .................................................................................................................. 50 Policy on Drug and Alcohol Screening ....................................................................... 50 273 of 921 v Section 14.1. General Policy Regarding Drugs and Alcohol. .............................. 50 Section 14.2. Definitions. .......................................................................................... 50 Section 14.3. Pre-Employment and Probationary Screening. ............................ 51 Section 14.4. Prohibitions. ........................................................................................ 51 Section 14.5. Administration of Tests. .................................................................... 52 Section 14.6. Testing Procedures. .......................................................................... 53 Section 14.7. Voluntary Request for Assistance. .................................................. 57 Section 14.8. Specific Responsibilities. .................................................................. 57 Section 14.9. Disciplinary Action for Confirmed Positive Test Results. ............ 58 ARTICLE XV ................................................................................................................... 60 Paramedics ..................................................................................................................... 60 Section 15.1. General. ............................................................................................... 60 Section 15.2. Training. .............................................................................................. 60 Section 15.3. Implementation of Staffing. .............................................................. 60 Section 15.4. Conditions for Withdrawal from Paramedic Program. .................. 61 Section 15.5. Paramedic School and Classes. ..................................................... 61 Section 15.6. Liability Coverage. ............................................................................. 62 Section 15.7. Paramedic Preceptors. ..................................................................... 62 Section 15.8. Performance Improvement Measures and Critiques "PIC". ........ 62 ARTICLE XVI .................................................................................................................. 64 Promotions ...................................................................................................................... 64 Section 16.1. Promotions. ......................................................................................... 64 Section 16.1.1. Vacancies. ....................................................................................... 64 Section 16.2. Fire Apparatus Operator/Qualified Driver. ..................................... 64 Section 16.3. Fire Captain. ....................................................................................... 71 Section 16.4. Shift Chief. .......................................................................................... 76 Section 16.5. Fire Department Promotion Act. ...................................................... 79 Section 16.6. Waiver and Agreement. .................................................................... 79 Section 16.7. Military Preference Points for Promotion. ...................................... 80 ARTICLE XVII ................................................................................................................. 82 Termination and Legality Clauses ............................................................................... 82 Section 17.1. Ratification and Amendment. ........................................................... 82 Section 17.2. Savings. ............................................................................................... 82 Section 17.3. Entire Agreement. .............................................................................. 82 274 of 921 vi Section 17.4. Duration and Renegotiations. .......................................................... 82 APPENDIX A................................................................................................................... 84 APPLICATION FOR UNION MEMBERSHIP AND AUTHORIZATION FOR CHECKOFF OF UNION DUES AND ASSESSMENTS ........................................... 84 APPENDIX B................................................................................................................... 85 SALARIES ....................................................................................................................... 85 APPENDIX C .................................................................................................................. 97 SIDE LETTER OF AGREEMENT ................................................................................ 97 APPENDIX D .................................................................................................................. 98 SIDE LETTER OF AGREEMENT ................................................................................ 98 APPENDIX E................................................................................................................... 99 SIDE LETTER OF AGREEMENT ................................................................................ 99 APPENDIX F ................................................................................................................. 100 SIDE LETTER OF AGREEMENT .............................................................................. 100 APPENDIX G ................................................................................................................ 101 FIRE DEPARTMENT PROMOTION ACT ................................................................ 101 APPENDIX H ................................................................................................................ 111 PLANS PARTICIPATION AGREEMENT ................................................................. 111 APPENDIX I .................................................................................................................. 114 RETURN TO SHIFT/EXEMPT POSITIONS ............................................................ 114 APPENDIX J ................................................................................................................. 115 INCIDENT COMMAND MINIMUM QUALIFICATIONS .......................................... 115 APPENDIX K................................................................................................................. 116 DIVISION CHIEF RESPONSE TO ALARMS .......................................................... 116 APPENDIX L ................................................................................................................. 117 PERSONNEL RULES / WORKERS’ COMPENSATION ....................................... 117 APPENDIX M ................................................................................................................ 122 DIVISION CHIEF MEMORANDUM OF UNDERSTANDING ................................ 122 275 of 921 1 AGREEMENT Between CITY OF EVANSTON And EVANSTON FIRE FIGHTERS ASSOCIATION LOCAL NO. 742 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL-CIO-CLC THIS AGREEMENT is entered into by and between the CITY OF EVANSTON, ILLINOIS (hereinafter called the “City” or “Employer”) and EVANSTON FIRE FIGHTERS ASSOCIATION, LOCAL NO. 742, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO-CLC (hereinafter called the “Union” or “Association”). WHEREAS, it is the purpose of this Agreement to increase general efficiency in the Fire Department, to maintain the existing harmonious relationship between the Fire Department and its employees and to promote the morale, rights and well-being of the members of the Fire Department, and to resolve grievances and prevent strikes or other disruption of work; and WHEREAS, the Fire Department and the individual members of the Union are to regard themselves as public employees and are to be governed by the highest ideals of honor and integrity in all their public and personal conduct, in order that they may merit the respect and confidence of the general public. 276 of 921 2 ARTICLE I Recognition and Representation Section 1.1. Recognition and Representation. The City recognizes the Union as the sole and exclusive bargaining agent with respect to wages, hours and other conditions of employment for all uniformed classifications, including the rank of Shift Chief and Division Chief (refer to Appendix M), below the rank of Assistant Fire Chief. Section 1.2. Probationary Employees. Probationary employees are covered by this Agreement; provided, however, that probationary employees during the first twelve (12) months of employment may be terminated or otherwise disciplined at the sole discretion of the City and such action shall not be subject to the grievance or arbitration procedure of this Agreement This probationary employment period may be extended for an employee who is required as a condition of employment to be a certified paramedic, during which time the sole reason that an employee may be discharged without cause or a hearing is for failing to meet the requirements for Paramedic certification as provided in Sections 15.1 and 15.5. 277 of 921 3 ARTICLE II Union Membership and Checkoff Section 2.1. Checkoff. Upon receipt of a signed authorization from an employee in the form set forth in Appendix “A”, the City agrees for the duration of this Agreement to deduct from such employee’s pay uniform monthly dues and uniform assessments (which may include a uniform amount to cover house dues if the Association so elects). The Union will notify the City in writing of the amount of the uniform dues or uniform assessments to be deducted. Deductions shall be made on the second City payday of each month and shall be remitted, together with an itemized statement, to the Treasurer of the Association no later than seven (7) days following the deduction. Section 2.2. Indemnification. The Union shall indemnify the City and hold it harmless against any and all claims, demands, suits or other forms of liability that may arise out of, or by reason of, any action taken by the City for the purpose of complying with the provisions of this Article. 278 of 921 4 ARTICLE III No Discrimination Section 3.1. General. Neither the City nor the Union shall discriminate against any employee because of race, creed, color, sex, national origin or Union activity. The use of the masculine pronoun in this document is understood to be for clerical convenience only, and it is further understood that the masculine pronoun includes the feminine pronoun as well. Section 3.2. Political Activity. Employees shall have the right to engage in political activities, including to identify themselves as members of the Evanston Fire Department, as long as they engage in such activities while they are off-duty and not in uniform and as long as they do not represent that their positions are positions that are sanctioned by the City or the Evanston Fire Department and make no threats and promises to voters concerning the delivery of services provided by the Evanston Fire Department. 279 of 921 5 ARTICLE IV Management Rights The City shall retain the sole right and authority to operate and direct the affairs of the City and the Fire Department 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 in this Agreement. Among the rights retained is the City’s right to determine its mission and set standards of service offered to the public, to direct the working forces, to plan, direct, control, and determine the operations or services to be conducted in or at the Fire Department or by the employees of the City; to assign and transfer employees; to hire, promote, demote, suspend, discipline or discharge for just cause, or relieve employees due to lack of work or for other legitimate reasons; to make and enforce reasonable rules and regulations; to change methods, equipment or facilities; provided, however, that the exercise of any of the above rights shall not conflict with any of the provisions of this Agreement. 280 of 921 6 ARTICLE V Seniority Section 5.1. Definition. Seniority is defined as the employee’s length of continuous service since his last date of hire, plus periods of prior service with the City’s Fire Department, but in no event including any service as a temporary employee. Seniority shall be determined from the following: a. Date of hire b. Placement on eligibility list For those employees hired under category grouping, the following shall be used: i. Date of hire ii. Category group placement iii. Date of original employment application iv. Coin toss Section 5.2. Layoff and Recall. In the event of layoff, the employee or employees with the least service in the classification shall be laid off. If a member of a particular classification is removed from his classification under the preceding sentence, he shall displace the least senior member in the last civil service rank the removed or displaced member held prior to his last promotion until the least senior Firefighter is displaced and laid off. When the City decides to recall to any classification reduced by layoff, it will recall any displaced or laid off employees to the positions affected in inverse order of removal, before making any new promotions or appointments. Section 5.3. Vacation Selection on Scheduling Vacation. When the City schedules vacations, employees shall be given preference as to vacation selection on the basis of seniority in the Fire Department (not within rank) and by shift to the extent that such scheduling will not interfere with Fire Department operations. Vacation days must be scheduled in no less than 24- hour increments. Employees shall be permitted an unlimited number of vacation picks, so long as such scheduling is consistent with the following sentence: The total number of employees scheduled off per shift for Kelly Days under Section 10.1 and vacation days shall be six employees (unless fewer vacation requests are received) except that only three (3) employees in the rank of Fire Captain or Shift Chief may be scheduled off for vacation on any shift. The City reserves the right to suspend and reschedule vacations and recall personnel during periods of extreme emergencies such as periods of conflagrations, riots, natural and man- made disasters, war, civil strife, injury, illness or sickness of a large number of the Fire Department employees. 281 of 921 7 ARTICLE VI Grievance Procedure Section 6.1. Definition of Grievance. A grievance is 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 with respect to inequitable application of the Personnel Rules of the City or with respect to inequitable application of the Rules of the Fire Department. Section 6.2. Grievance Committee: Stewards. The Union shall appoint a Grievance Committee of not more than three (3) members to attend grievance meetings scheduled pursuant to Step 2 and Step 3. The Union may appoint nine (9) Stewards to participate in the grievance procedure to the extent set forth in Step 1 of the grievance procedure. The Union shall notify the Fire Chief in writing of the names of employees serving on the Grievance Committee and as Stewards. By mutual agreement between the City and Union, the parties may be represented by non-employee representatives at Step 3 of the grievance procedure. Section 6.3. Grievance Timing. The Grievance Procedure set forth in this Section applies to employees covered by this Agreement. Recognizing that grievances should be raised and settled promptly, a grievance must be raised within twenty-one (21) calendar days of the occurrence of the event giving rise to the grievance or within twenty-one (21) calendar days of the date the employee knew or reasonably should have known of the event giving rise to the grievance. A grievance shall be processed as follows: STEP 1: Written to Deputy or Division Chief: The Union may, within the time limits set forth above, file a written grievance signed by the employee and his Steward on a form provided by the City setting forth the nature of the grievance and the contract provision(s) involved. The Deputy or Division Chief designated by the Fire Chief to hear Step 1 grievances shall give a written answer in ten (10) calendar days after receipt of the written grievance. STEP 2: Appeal to Chief: If the grievance is not settled in Step 1 and the Union decides to appeal, the Grievance Committee shall, within ten (10) calendar days from receipt of the Step 1 answer, appeal in writing to the Fire Chief. The Grievance Committee and the Fire Chief will discuss the grievance within thirty (30) calendar days, at a mutually agreeable time. If no agreement is reached in such discussion, the Chief will give his answer in writing within ten (10) calendar days of the discussion. STEP 3: Appeal to City Manager: If the grievance is not settled in Step 2 and the Union decides to appeal, the Grievance Committee shall, within ten (10) calendar days after receipt of the Step 2 answer, file a written appeal to the City 282 of 921 8 Manager. If the grievance involves a disciplinary suspension of seventy-two (72) hours or more, a demotion, or a discharge, there shall be a Step 3 meeting and a Step 3 answer from the City Manager. On all other grievances, the City Manager may elect not to hold a Step 3 meeting, in which event the City Manager shall advise the Union in writing within ten (10) calendar days of receipt of the Step 3 appeal that the Step 2 answer of the Fire Chief is the final City answer in the grievance procedure, at which point the Union may appeal the grievance to Step 4, Arbitration, if the Union so chooses. In cases where the City Manager will hear a Step 3 grievance, a meeting between the City Manager, or his designee, and the Grievance Committee will be held at a mutually agreeable time, generally within thirty (30) calendar days. If no settlement is reached at such meeting, the City Manager, or his designee, shall give his answer in writing within twenty-one (21) calendar days of the meeting. STEP 4: Arbitration. If the grievance is not settled in accordance with the foregoing procedure, the Union may refer the grievance to arbitration by giving written notice to the City Manager within twenty-one (21) calendar days after receipt of the City’s answer in Step 3. The parties shall attempt to agree upon an arbitrator promptly. In the event the parties are unable to agree upon an arbitrator, the Federal Mediation and Conciliation Service (FMCS) shall be requested by either or both parties to submit simultaneously to both parties an identical list of seven (7) names of persons from their grievance arbitration panel, who are members of the National Academy of Arbitrators and are residents of Illinois, Wisconsin or Indiana. Both the Employer and the Union shall have the right to strike three (3) names from the list. The parties by a toss of a coin shall determine which party shall first strike one (1) name; the other party shall then strike one (1) name; provided that either party before striking any names, shall have the right to reject one panel in its entirety. The process will be repeated twice and the remaining named person shall be the arbitrator. The arbitrator shall be notified of his selection by a joint letter from the City and the Union requesting that he set a time and place for hearing, subject to the availability of the City and the Union representatives. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. He shall consider and decide only the specific issue submitted to him and his decision and award shall be based solely upon his interpretation of the meaning or application of the terms of this Agreement to the facts of the grievance presented. The decision and award of the arbitrator, which conforms with his authority, shall be final and binding upon the City, the Union and the employee or employees involved. The costs of the arbitration, including the fee and expenses of the arbitrator, shall be divided equally between the City and the Union. The City and the Union shall each be responsible for compensation of their own witnesses and/or representatives who attend arbitration hearings; provided, however, that the grievant shall be released from duty if necessary to attend such hearing without loss of pay. One (1) Union representative and any additional Union witnesses shall be released from work pursuant to Section 13.2, Exchange of Duty, to attend the arbitration hearing. 283 of 921 9 Section 6.4. Time Limits. No grievance shall be entertained or processed unless it is filed within the time limits set forth in Section 6.3. If a grievance is not appealed within the time limits for appeal set forth above, or at least reasonably close to those time limits, it shall be deemed settled on the basis of the last answer of the City, provided that the parties may agree to extend any time limits. If the City fails to provide an answer within the time limits so provided, the Union may immediately appeal to the next Step. Section 6.5. Investigation and Discussion. All grievance discussions and investigations shall take place in a manner which does not interfere with City operations. Generally, grievance meetings will be held during working hours. Section 6.6. Civil Service. It is understood that matters subject to Civil Service are not subject to this grievance procedure, except as provided in Section 6.8, Disciplinary Grievances. This provision shall not be construed as limiting or removing any Union right to bargain with respect to matters that remain subject to Civil Service (i.e., other than disciplinary grievances) in any negotiations relating to successor contracts. Section 6.7. Disciplinary Meetings. No meeting between the City and/or its designee and an employee held for the purpose of discussing actual disciplinary matters shall take place unless the employee and a designated Association representative have been provided with a two-hour notice of the time, place and purpose of the meeting. An Association representative shall be present at all such meetings. If said representative is not present, the employee shall not be required to participate in said meeting and the employee shall not be discharged or otherwise disciplined for said refusal. Nothing in this Agreement shall waive and/or abridge any employee’s rights, benefits or protections under the Firemen’s Disciplinary Act of Illinois, 50 ILCS 745/ et seq. Section 6.8. Disciplinary Grievances. Unless the first disciplinary offense is sufficiently serious to warrant discharge, discipline in the Fire Department shall be progressive and corrective, designed to improve behavior and not merely to punish. Where the City believes just cause exists to institute disciplinary action, the Employer shall have the option to assess the following penalties: Oral reprimand Written reprimand Suspension Demotion Discharge 284 of 921 10 It is understood that the foregoing disciplinary steps may be repeated and/or certain progressive disciplinary steps may be omitted, depending upon the seriousness of the offense. Grievances may be filed with respect to the just cause of any disciplinary action (other than an oral reprimand) taken against an employee. If an employee is suspended or discharged, a grievance protesting the suspension or discharge shall be filed in the first instance at Step 3 of the grievance procedure within ten (10) calendar days of the imposition of discipline, and shall thereafter be processed in accordance with Section 6.3 of this Agreement. If the discipline involves a disciplinary suspension of 72 hours or more or demotion or discharge, the parties will request an arbitration panel pursuant to the grievance/arbitration procedure of this Agreement when the grievance is filed at Step 3, if the Union so requests in writing. Discharge and disciplinary suspensions shall be subject to review under the grievance procedure up to and including arbitration. Disciplinary actions shall be subject to review under the grievance procedure only. Such review procedures are in lieu of and expressly supersede and preempt the employee notification and appeal procedures of the City Civil Service Commission. Such contractual review procedure shall be the sole and exclusive method of reviewing all disciplinary action. 285 of 921 11 ARTICLE VII No Strikes – No Lockouts 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, slowdown, concerted stoppage of work or any other intentional interruption of operations. 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. 286 of 921 12 ARTICLE VIII Leaves of Absence Section 8.1. Union Leave. Leaves of absence shall be granted, to the extent that there is no interference with normal operations of the Fire Department, to employees who are elected, delegated or appointed to attend State or National seminars or conventions of the International Association of Fire Fighters, and other Labor Affiliation conventions and meetings, including but not limited to State AFL-CIO Conventions, Associated Fire Fighters of Illinois Conventions and District Meetings. Absence from an employee’s regular shift because of said leave shall be paid by the City, but not to exceed a total of fourteen (14) twenty-four (24) hour shifts per year for the bargaining unit for the term of this Agreement. Any request for such leaves shall be submitted in writing by the Union to the Fire Chief and shall be answered in writing, no later than five (5) calendar days following the request. Furthermore, the City will attempt to comply with employee requests to schedule holiday and vacation time off to coincide with a Union convention or educational conference. An employee who takes extended leave for full-time Union work shall hold reemployment rights for two (2) years to be reemployed in the first available vacancy. These rights may be extended by mutual agreement between the City and Union. Section 8.2. Short-Term Military Leave. Any employee who is a member of a reserve force of the Armed Forces of the United States, or the State of Illinois, and who is ordered by the appropriate authorities to attend training programs or perform assigned duties shall be granted a leave of absence for the period of such activity and shall suffer no loss of seniority rights. During leaves for annual training, the employee shall continue to receive his or her regular compensation. During leaves for reserve/guard basic training and up to 60 days of special or advanced training, if the employee’s compensation for military activities is less than his compensation as an employee, he shall receive his regular compensation as a public employee minus the amount of his or her base pay for military activities provided the employee provides proof of what he was paid during his reserve/guard training. For weekend military leave, the employee shall have the option of: (a) being allowed the necessary time off without pay; or (b) arranging a duty trade. Section 8.3. Active Military Service. An employee who enters into the active service of the Armed Forces of the United States while in the service of the City shall be granted a leave of absence for the period of such service. For employees who are members of the reserves or National Guard who are mobilized to active military duty as a result of an order of the President of the United States, the City will provide compensation during such leave equivalent to the difference between the employee’s regular pay and the total compensation 287 of 921 13 received for the period of service, less any allowance for travel, lodging or food. The City agrees to maintain the medical insurance and coverage (single or family) in which the employee is enrolled when called to active duty, minus the regular employee contribution. Employees ordered to active duty will present their orders to their supervisor as soon as possible, but not later than within three (3) working days of receipt of such orders, and shall place their request for Active Military Service leave in writing. To the best of the ability of the employee and the City, the terms and conditions of such Active Military Service will be placed in writing prior to the employee leaving for active duty; if not possible, the information will be mailed to the employee’s designated agent (spouse or other individual) and that person will be authorized by the employee to act on his behalf on those matters while the employee is on active duty. Employees discharged from the Armed Forces must report ready for assignment within ninety (90) days following said discharge. The City shall have up to fourteen (14) days from the date of application to place such returning serviceman. Employees covered under this Section shall be credited with the seniority which would have accumulated during time spent in the Armed Forces. Nothing in this section will prohibit the City from acting in accordance with any federal or state-enacted legislation. Section 8.4. Education Leave. Employees may be granted, upon request, a leave of absence not to exceed one (1) year for educational purposes, without pay. If leave granted under this Section is for education which is related to fire service, seniority shall accumulate during said leave. Leave under this Section may be extended upon mutual agreement of the City and the employee. The City has the right to require a transcript to prove that the employee satisfied the education leave requirement. Section 8.5. Personal Leave. An employee with one (1) year of service in the Department may be granted an unpaid personal leave of absence not to exceed one (1) year. If the leave is thirty (30) calendar days or less, seniority shall accumulate, group insurance shall continue as set forth in Article XI and the employee shall be reinstated to his former position. If the leave is over thirty (30) calendar days, seniority shall not accumulate, the employee may continue group insurance by paying the entire premium, and the employee shall be eligible for rehire ahead of all other new hires for one (1) year after termination of the leave. Leaves granted under this Section shall be at the discretion of the Fire Chief. The Department may establish procedures to administer the personal leave policy. Section 8.6. Family and Medical Leave. Banked Time: Refers to either vacation or sick leave that was accumulated prior to January of the current year. 288 of 921 14 Accrued Time: Refers to either vacation or sick leave that is being accumulated between January 1 and December 31 of the current year. (a) General Conditions: (1) An employee may request leave under the Family and Medical Leave Act. (2) A leave year for purposes of FMLA shall be the calendar year. (3) All employees who meet the applicable hours of work requirement during the preceding twelve (12) month period of employment shall be granted a total of twelve calendar weeks of family and/or medical leave during each calendar year for the following reasons: i. the birth of an employee’s child and in order to care for the child; ii. the placement of a child with an employee for adoption or foster care; iii. to care for a spouse, child, or parent who has a serious health condition; or iv. a serious health condition that renders the employee incapable of performing the functions of his job. (4) The twelve calendar week limit referred to in this Section shall either be consecutive or intermittent as permitted by FMLA regulations. (5) The employee will be required to provide advance leave notice and medical certification. The taking of FMLA leave may be denied if requirements are not met. If the need for Family Medical Leave is foreseeable, the employee shall give the City at least 30 days prior written notice if possible. Where the need for leave is not foreseeable, the employee shall notify the City as soon as practicable, generally within one to two business days of learning of the need for leave. (6) The employee will be required to submit appropriate certifications concerning the reason for using FMLA leave or the reason for failure to return to work at the conclusion of an FMLA leave, in accordance with the FMLA. (7) While on FMLA leave, the employee’s group health insurance coverage will be maintained, with the employee paying the regular employee contribution. (8) During FMLA leave, seniority shall continue to accrue regardless of whether the employee is in pay status or not. Paid leave benefits do not accrue during period of unpaid FMLA leave. (9) Employees on FMLA leave must notify the City in writing at least fourteen (14) calendar days prior to when they wish to return to work, so that arrangements for a fitness for duty report, if required, may be made efficiently. (10) If the employee fails to return to work at the conclusion of a FMLA leave, the employee shall repay to the City the premiums paid on the 289 of 921 15 employee’s behalf to maintain insurance coverage while on FMLA leave unless the reason the employee does not return to work is because of i) retirement under the pension plan; ii) the continuation, recurrence or onset of a serious health condition that would otherwise entitle the employee to leave under FMLA, or iii) circumstances beyond the employee’s control. (11) Definition of terms will be that as stated in the Family and Medical Leave Act. (b) FMLA leave due to the birth of a child, placement of a child for adoption or foster care: An employee who requests FMLA leave due to giving birth may use accrued sick leave, banked sick leave, accrued vacation, banked vacation, donated sick leave or compensatory time to be designated by the employee prior to the leave. The employee must specify in advance the amount of paid leave to be used. If the employee exhausts all the leave as stated above, the employee will then be on an unpaid FMLA leave basis, which leave will not exceed twelve calendar weeks in a calendar year. The employee must return to work at the conclusion of the FMLA leave, unless she is medically unable to return to work. In such cases, the conditions specified in subsection (d) shall apply. Employees not giving birth may request FMLA leave following the birth of a child or placement of a child for adoption or foster care. Such FMLA leave will not exceed twelve calendar weeks in a calendar year. The employee may use accrued vacation or compensatory time for some or all of the FMLA period. If the employee does not have sufficient accrued vacation or compensatory time for the full FMLA leave requested, the balance will be on an unpaid basis. The employee must return to work at the completion of the FMLA, or his employment will be terminated. The employee may use up to three (3) working days of banked sick leave not to be considered part of the FMLA. If the employee has no banked time available, annual accrued time may be used. (c) FMLA leave for an immediate family member with a serious health condition: An employee may request FMLA leave to care for an immediate family member (employee’s spouse or child, employee’s parent, or spouse’s parent) with a serious health condition. Such FMLA leave will not exceed twelve calendar weeks in a calendar year; the employee may use accrued sick leave, banked sick leave, accrued vacation, banked vacation, donated sick leave, or compensatory time in this order, for some or all of the FMLA. If the employee exhausts all leave as stated as above, the balance will be on an unpaid basis. The employee must return to work at the completion of the FMLA, or his employment will be terminated. (d) FMLA leave for the employee’s own serious health condition: An employee requesting FMLA leave for his own serious health condition must first use any or all of his accrued sick leave; if an employee has used up all his 290 of 921 16 accrued sick leave the employee may, at the employee’s option, use banked sick leave, accrued vacation, banked vacation, donated sick leave and/or compensatory time may be used in this order. If the employee exhausts all leave as stated above, the employee will then be on FMLA leave on an unpaid basis not to exceed twelve calendar weeks in a calendar year. If the employee continues to have the same serious medical condition after exhausting accrued time and the twelve calendar weeks of FMLA, he can request to be placed on a permanent leave of absence not to exceed nine calendar months. During that permanent leave of absence, the employee is responsible for paying 100% of the cost of health insurance coverage. If an employee becomes able to return to work during the permanent leave of absence, he may apply for re-employment and if qualified, placed on a re-employment list for the position held immediately prior to the taking of the leave. If the employee is not able to return to work by the conclusion of the permanent leave of absence, employment will be terminated. Section 8.7. Maternity Leave. It is recognized that reproductive health can be affected adversely by the conditions encountered in firefighting and EMS. When a member becomes pregnant, it is strongly advised, though not required, that she report her condition to the Fire Chief. Once a member has provided verification of her pregnancy from her own doctor, she shall be offered a non-hazardous, operational light duty assignment within the department in accordance with the provisions of 775 ILCS 5/2-102(H) using a 24/48 or 37.5 hour schedule as selected by the pregnant firefighter. Pregnant firefighters will not be required to use (5) 24 hour shift days (120 hours) of sick leave prior to being assigned light duty as noted in Section 13.10 Light Duty. The female firefighter will have the option to bank any unused vacation or bank time while pregnant to be used after the delivery. A member is not required to accept a non-operational light duty assignment. She is, however, encouraged to do so because of the unpredictable nature of emergency response. There is a potential risk to a pregnant woman and/or her developing fetus from activities associated with normal operational duties including firefighting, hazardous materials response, and EMS exposures. After giving birth, or at the termination of the pregnancy, the member shall be placed on FMLA, in accordance with Section 8.6(b) of this CBA. Prior to returning to normal operational duties the member must have approval from her personal physician. Such verification of readiness to work shall be in writing. This verification shall be given to the designated City physician for fitness for duty physical. When the member has been found to be fit, she will be reinstated in her former position. 291 of 921 17 At no time when a member becomes pregnant or during the pregnancy, will the member lose their job, position, seniority and benefits. Nor do they lose the eligibility for promotion or participate in a promotional exam due to any type of leave or non-operational duty assignment. 292 of 921 18 ARTICLE IX Wages and Benefits Section 9.1. Salary Schedules. Salary schedules effective January 1, 2019 through December 31, 2022 for the classifications covered by this Agreement are as follows: an increase of 0% effective January 1, 2019; an increase of 1% effective December 31, 2019; an increase of 1.5% effective January 1, 2020; an increase of 2.25% effective January 1, 2021; and an increase of 2.25% effective January 1, 2022; and are set forth in Appendix B attached hereto and made a part hereof. All employees hired after January 1, 2012 will start at the NH step of the pay range for Firefighter; employees will be eligible for merit review consideration to the A step at the successful completion of probation; employees are eligible for merit increase consideration to the next highest step based on performance after completing 12 months of service in the current step; possession of the 30 hours of college credit as specified in Section 9.9 makes the employee eligible to move to the G step following completion of 12 months at the F step; employees eligible for education pay under Section 9.9 will not receive that additional pay until completion of probation. All Captains and Shift Chiefs shall start at the D or D/P step of the applicable Salary Schedule. Captains promoted to Division Chief shall start at the D or D/P step of the Shift Chief Salary Schedule, and Shift Chiefs promoted to Division Chief shall remain at their current step (refer to Appendix M). Section 9.2. Paid Holidays. a) Shift personnel who are regularly scheduled to work the following holidays shall be compensated at the rate of time and a half rather than straight time for all hours worked on said holidays:  New Year’s Day  Christmas Eve  Christmas Day  4th of July  Thanksgiving Day  Labor Day Above paid holidays shall be the 24 hour period commencing at 7:00 a.m. on the date of the actual holiday. Recognized holidays under this section shall be on the date of the actual holiday as opposed to the day on which the holiday may be observed by the City. b) If an employee is not regularly scheduled to work one of the following days and is subject to a mandatory hire back on that day, the employee shall be paid two (2) times the hourly salary rate for all hours worked on that day. New Year’s Day Martin Luther King Jr.’s Birthday 293 of 921 19 Easter Fourth of July Labor Day Thanksgiving Day Christmas Day The foregoing is applicable for the actual holiday, and is not applicable for any day celebrated in lieu of the holiday. This subsection b) does not apply to exchanges of duty under Section 13.2. c) The following holidays are observed for the purpose of holiday work schedules: New Year’s Day Martin Luther King, Jr.’s Birthday Easter Sunday Memorial Day July 4th Labor Day Veterans’ Day Thanksgiving Day Christmas Eve Christmas Day Sunday The foregoing is applicable for the actual holiday, and is not applicable for any day celebrated in lieu of the holiday. Holiday routine: Stations, apparatus and all equipment will be maintained in a clean and ready status to respond to all alarms and calls for service. Public education/relations such as, but not limited to, tours, neighborhood picnics, safety fairs, block parties and holiday related events such as participation in parades and standby at fireworks displays will be allowed. Any day designated as a holiday will not have assigned training unless prior approval is agreed to at a labor/management meeting. d) Five Day Employees: Employees who are scheduled to work a five day 37.5 hour work week will work the hours of 0830 to 1700 (8:30 a.m. to 5 p.m.) with the exception of Saturday, Sunday and City Holidays. If they are required to work any designated City Holiday they will receive holiday pay at two (2) times the hourly salary for all hours worked. Section 9.3. Paid Vacations. For vacations beginning January 1, 1992, employees with six months or more of service shall receive paid vacation during each year, calculated as follows: Service Vacation Time One year but less than six years Five 24-hour shifts Six years but less than twelve years Seven 24-hour shifts Twelve years but less than fifteen years Eight 24-hour shifts Fifteen years but less than twenty years Ten 24-hour shifts Twenty years but less than twenty-five years Eleven 24-hour shifts Twenty-five years or more Twelve 24-hour shifts 294 of 921 20 Completion of the service year in the calendar year in which the vacation is taken shall determine the number of vacation days the employee will earn and is entitled to take. In the year in which the employee terminates employment, the employee will either take or be paid out at termination for all vacation earned up to the pay period of his termination. New employees of the Fire Department shall accrue 4.62 hours per pay period of vacation time from his/her date of hire. These new employees shall not be eligible for a vacation in the calendar year in which they are hired. Section 9.4. Use of Banked Vacation Time. (a) Openings into which banked vacation hours may be used will be limited to the days left open after the normal vacation selection process (Section 5.4 of this contract) is completed, openings created by the termination of an employee, situations involving shift transfers or other scheduling changes which create an opening. A terminated employee’s Kelly Days will also be available for picking, but must be forfeited when the vacancy is filled. (b) Employees will not be allowed to bring their vacation hour total below zero (0). Example: an employee will need a minimum of 24 hours at the beginning of the process to be able to make one 24-hour selection. (c) At the completion of the normal vacation selection process, vacation rosters will be posted in all fire stations with a posting date printed on them. Applications for the use of banked vacation hours in any openings, including mid- year openings, will be accepted by that shift’s Chief for a period of 14 calendar days starting with the roster or opening posting date. Thereafter, upon written request to the employee’s Chief or his/her designee. That designee will grant the use of banked vacation hours on a first-come, first-served basis. Seniority (Section 9.4d) will be used when multiple requests are received on the same day requesting to use the same date. (d) A seniority list of applicants will be created. Selections will begin with the most senior employee who will make one selection, then go the next senior and so on; there will be no limit to the number of selections an individual may make other than the need to maintain a minimum balance of zero (0) hours. Selection will continue until all openings are filled or the applicants have completed their selections. This will close those days to any other selections. Selections must be scheduled in no less than 24-hour increments. (e) All selections made are final. There will be no trading or canceling of any of these selections with the exception of those taken during Kelly Day openings which may need to be forfeited. 295 of 921 21 Section 9.5. Sick Leave. (a) Employees shall accrue sick leave at the rate of 72 hours for the first year of employment (three 24-hour shifts; 2.77 hours/pay period) and 144 hours for subsequent years of employment (six 24-hour shifts; 5.54 hours/pay period), with a maximum accrual of 2,280 hours (95 24-hour shifts). (b) Whenever an employee with ten (10) or more years of service resigns, the employee shall have directed to the Post-Employment Health Plan one hundred percent (100%) of accumulated sick days with a maximum of 500 hours. Effective March 1, 2001, for those employees who retire and qualify for a pension, and for those employees granted a disability pension, the maximum sick leave payout is increased to 620 hours, all of which will be directed to the PEHP. Effective January 1, 2022, for those employees who retire and qualify for a pension, and for those employees granted a disability pension, the maximum sick leave payout is 600 hours, all of which will be directed to the PEHP. There shall be no cash payout to the employee of any accrued sick leave, in accordance with Article XI, Section 11.6. (c) If an employee has 800 hours of banked sick leave as of January 1, he shall be eligible to receive in the month of January following the end of said year, a payout at the rate of one hundred percent (100%) for the difference between the sick leave hours accrued during that year less those sick leave hours used during that year. The first forty-eight (48) hours of such payment, if the employee is eligible, shall be directed to the Post-Employment Health Plan. Any hours available for payment above the first forty-eight will be paid to the employee if he so elects, or he may elect to defer the payment to the City’s deferred compensation program or to the employee’s HSA, if allowable. Effective January 1, 2018, and continuing, an eligible employee shall receive a payout as described above, except that any such payment shall not exceed 120 hours. All unused accrued sick hours exceeding the 120 hour maximum payout will remain in the employee’s sick leave bank. (d) In the event of death of an employee (not a retiree), the employee’s beneficiary shall receive a payment equivalent to one hundred percent (100%) of all accrued but unused sick leave. The beneficiary shall be the individual designated by the employee as beneficiary under the group life insurance plan. If there is no life insurance policy in place, the beneficiaries shall be determined by the names entered on the “Designation of Beneficiary Form.” (e) In the event of illness of an employee’s spouse or dependent children which is serious enough to warrant the presence of the employee, one (1) 24- hour day of accrued sick leave per incident may be used, with an annual maximum of three (3) such sick leave usage days. Additional sick leave beyond the three (3) days may be granted by the Fire Chief. 296 of 921 22 (f) In order to be eligible to direct sick leave payment at time of termination to the PEHP, an employee must give two weeks’ notice of intent to resign or retire. The Fire Chief may waive this requirement in special circumstances. (g) Sick Leave Donation. An individual employee may donate up to two 24- hours shifts per year to another employee in case of that employee’s own serious medical condition or the serious medical condition of an immediate family member (as defined by FMLA). No employee may receive any donated sick leave until his accrued and banked sick leave accrual has been exhausted. No employee shall receive more than 30 24-hour shifts in any calendar year. Donations of sick leave will be taken from banked time and are not chargeable to annual sick leave payout eligibility. If the donated sick leave is for the employee’s own serious medical condition, it will be considered an addition to the twelve calendar weeks of Family Medical Leave. If the donated sick leave is for the employee’s immediate family member, the donated sick leave will be considered as part of the twelve calendar weeks of Family Medical Leave. Section 9.6. Funeral Leave. In the event of death in the immediate family, an employee shall be granted paid funeral leave of two (2) 24-hour shifts. Requests for funeral leave must be made and used within 10 calendar days following the day of death. Funeral leave will be granted under this section for employees on duty. Vacation or any other leave time will not be converted to funeral leave. For the purpose of calculating funeral leave, the first full day of absence shall be counted as the first day of funeral leave. Immediate family shall be defined as the employee’s father, mother, spouse, child, brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in-law, grandmother, grandfather, spouse’s grandmother and grandfather, grandchild or minor child’s parent. “Mother” and “father” shall include persons other than the employee’s actual parent if said person or persons reared the employee during a substantial period of his childhood. If an employee needs more than the funeral leave provided in this Section, he may request the use of accrued or banked vacation time or comp time. Employees who wish to attend a funeral for other than their immediate family may request the use of one accrued or banked vacation day to attend such funeral, as long as 24 hours’ advance notice is given to the department and so long as the City is not required to hire back an employee to replace the absent Fire Fighter. Section 9.7. Jury Duty. When an employee is called for service as a juror on a shift he is scheduled to work, the employee will receive pay for the shift at his regular straight-time hourly rate, if the employee gives advance notice to the City and provides substantiation of jury service. Any compensation provided in return for serving as a juror may be kept by the employee. 297 of 921 23 Section 9.8. Uniforms. (a) The City will provide all uniforms, protective clothing and protective devices which the City determines are required of employees in performance of their duties, without cost to any employee. The list of uniform items which the City will provide is set forth below, or the City will provide substitute items which the City determines are appropriate. The City will replace any required uniform and equipment items through vendors selected by the City as such items become worn out or damaged, provided that the employee must turn in worn out/damaged uniform and equipment items to the representative designated by the Fire Chief and receive approval from such representative to replace the item or items; provided, further, that replacement will not be made for uniform and equipment items lost through employee negligence. (b) The list of uniform items is: Protective Clothing: Fire Helmet Bunker Coat Bunker Pants Fire Boots Suspenders Firefighting Gloves 2 Nomex Hoods SCBA Face Piece Truckman’s Belt Extrication Gloves Class A Uniform Clothing: 2 Brushed Silver Name Tags Class A Cap Cap Badge/Bugles Rank Cap Strap 1 Class A Dress Trouser 1 Class A Dress Coat 1 Dress Belt 1 Class A Short Sleeve Shirt 1 Class A Long Sleeve Shirt 1 Dress Shoe 1 Class A Tie (navy blue) Badge Class B and Workout Uniform: Class B Shirts (4 total, Short or Long) 2 Black Duty Shoes/Boot (1 may be athletic shoe for summer uniform) 1 Seasonal Coat with vapor barrier and liner 1 Garrison Belt (black) Badge 3 Polo Shirts 1 Duty Work Shorts 4 Work Pants (navy) 1 Pair Winter Gloves 4 Work Tee- Shirts 2 Pullover Job Shirts 1 Exercise Shorts 1 Sweatshirt 1 Sweatpants 1 Summer Hat/ 1 Winter Hat Section 9.9. Educational Pay. There shall be education pay as follows: 298 of 921 24 (a) Thirty Hours. The City’s education pay program shall be continued in effect for the term of this Agreement (pay increase as defined in Section 9.1) and shall be subject to the following conditions: Completion of thirty (30) hours of college credit in Fire service and EMS related courses. (b) Associate Degree in Fire Science. Employees who currently hold, or who subsequently obtain, an Associate Degree in Fire Science from an institution approved by the Fire Chief will receive a pay increase of two percent (2%) above the base salary rate as set forth in Appendix B. An employee with multiple degrees (associates, bachelors, masters) is only permitted to receive the pay increase for one degree. (c) Bachelor’s Degree in Fire Science. Employees who currently hold, or who subsequently obtain, a Bachelor’s Degree in Fire Science from an institution approved by the Fire Chief will receive a pay increase of four percent (4%) above the base salary rate set forth in Appendix B. An employee with multiple degrees (associates, bachelors, masters) is only permitted to receive the pay increase for one degree. (d) Master’s Degree in Fire Science/Public Safety. Employees who currently hold, or who subsequently obtain from an institution approved by the Fire Chief a Master’s Degree in Fire Science or Public Safety with a fire safety concentration will receive a pay increase of four percent (4%) above the base salary rate set forth in Appendix B. An employee with multiple degrees (associate’s, bachelor’s, master’s) is only permitted to receive the pay increase for one degree. Section 9.10. Longevity Pay. Employees shall receive longevity pay as follows: Service in Evanston Fire Department Longevity Pay Based on Current Monthly Salary Upon completion of 10 years of service but less than 15 years 1% Upon completion of 15 years of service but less than 20 years 3% Upon completion of 20 years of service but less than 25 years 4% Upon completion of 25 years of service or more 6% Section 9.11. Paramedic Differential. Employees who are qualified as Paramedics shall receive a pay differential equivalent to 6% of the G step of the Firefighter salary per month above the employee’s regular pay grade. The employee must remain qualified as a Paramedic to continue to receive the Paramedic pay. 299 of 921 25 Section 9.12. Five-Day Employees. Employees who are scheduled to work a five (5) day, 37.5-hour work week, such as Fire Prevention Bureau members, shall receive benefits (e.g., vacation, sick pay, etc.) computed on a ratio of 37.5/49.8, except that said employees shall not receive Kelly Days. Employees assigned to a 37.5 hour week for light duty or to attend schools or for other training purposes shall continue to accrue vacation and sick leave benefits according to the 24/48 work schedule, shall not receive Kelly Days, and shall be paid overtime at the 24/48 rate. FPB assignments will be the decision of the Fire Chief or designee. Assignments as FPB/Investigator will be for a period of one (1) year, subject to removal by the Chief for non- performance, and renewable from year to year. Employees interested in becoming a Bureau inspector investigator shall express such interest in writing to the Fire Chief, who will consider such requests near the end of the incumbent’s year assignment. Section 9.13. Pay D ifferential. Employees assigned as a Temporary Duty Assignment as a member of the Fire Prevention Bureau shall receive a pay differential above the employee’s regular pay grade of $3,600 per year. Said pay differential shall be made for any full or partial month where the employee is assigned as a member of the Fire Prevention Bureau. Section 9.14. Special Team Leaders Special Operations Team Leaders will be established for the following teams: • Technical Rescue (Local and MABAS) • Hazardous Materials (Local and MABAS) • Surface Water Rescue (Local) • Dive Team (MABAS) Appointed Team Leaders with responsibility for a Special Operations Team will be paid $750 per year while serving in such assignment. Duties and Responsibilities Under the supervision of the Special Operations Chief, the Team Leaders will have the authority and duty to coordinate, develop and complete the following for their respective teams: • Coordinate with the Special Operations Chief and Division Chief of Operations annual training schedules for the team. • Provide Division and Shift Chiefs with the team’s annual departmental and MABAS Division 3 training schedules. • Manage and record all team specific training for team members, including quarterly updates to Division Chief. • Assist the Special Operations Chief in coordinating the attendance of MABAS Division Training. • Develop annual Shift level training relative to their team. 300 of 921 26 • Complete annual inventory of their team’s equipment. • Assist Special Operations Chief in the scheduling of general service repair and maintenance of all team equipment. • Assist Special Operations Chief in the development of an annual operating budget for their team. • Complete and submit annual MABAS STAC and Medical Reports as well as MABAS Registration Forms as required. • Ensure proper seasonal installation and removal of equipment (Wave Runners). • Assist Special Operations Chief in selection of team members. Appointed MABAS Special Operations Team Leaders shall maintain dual responsibility as Leader for a Local Response Team (if one exists) and will be paid an additional $500 per year while serving in such assignment. Local Team Leader Duties • Develop shift support level training relative to their local team. • While on duty, lead shift support level training through PowerPoints, hands on training and quarterly scenario based drills. • Manage and maintain certification and training records for all local team members. • Assist Special Operations Chief in the development of a separate annual operating budget for their local team. Unless Team Leader chooses to utilize free time during the course of a duty shift, administrative duties, as defined above, shall be performed between 0830-1700 hours. Special Operations Team Leaders will work on a shift schedule unless assigned to the FPB where they will be subject to the provisions of Article IX Section 9.12. Qualifications for Technical Rescue, Dive and Haz-Mat: • Selection will be made without regard to rank as Firefighter or Captain • Current MABAS Division 3 Team Member in good standing • OSFM Instructor II • OSFM or NFA Incident Safety Officer • Technical rescue or Haz-Mat certifications need to be at the OSFM Technician Level or equivalent for their team’s disciplines • Dive certifications through PADI, ERDI/DRI certifications for the following: Advanced Open Water, Public Safety Diver, Rescue Diver, Ice Diver Applicants will be given 12 months to get the required certifications Qualifications for Surface Water Rescue: • Selection will be made without regard to rank as Firefighter or Captain 301 of 921 27 • Completion of the 40 hour Rescue Water Craft (RWC) training program • Completion of the lifeguard training provided by the EFD / Evanston Lifeguards • OSFM Instructor II • Completion of a Boating Safety Course • OSFM or NFA Incident Safety Officer • Applicants will be given 12 months to get the required certifications Selection Assignment as Team Leader will be for a period of one year, renewable from year to year. Vacancies will be deemed to occur when an incumbent chooses to leave the position, or is removed by the Fire Chief for non-performance. In the event that vacancies occur, they shall be posted for 30 days. Members interested in becoming a Team leader shall express such interest in writing to the Fire Chief or designee. The Fire Chief will make the selection of Team Leaders, after the posting period and selection process. In cases where multiple applicants are equally qualified (certifications/training) under this section, preference shall be given to those with the most seniority on the Special Team. Section 9.15. EMS/Paramedic Shift Coordinator. There will be three (3) EMS/Paramedic Shift Coordinators, one (1) for each shift. The employees assigned to this position will be paid an additional $3,000 per year while serving in such assignment. Duties and Responsibilities Under the supervision of the EMS Division Chief, EMS/Paramedic Coordinators will have the authority and duty to coordinate, develop and complete the following: • Review and process Shifts EMS reports on a daily basis. This will include requesting corrections and the filing of missing reports as needed. • Coordinate with the EMS Division Chief and Division Chief of Operations annual EMS schedules for the Department. • Assist EMS Division Chief in the scheduling and preparation of transport and non-transport vehicles for annual safety inspections and licensure. • Attend and/or Chair EMS Committee Meetings for their respective Shift. • Check email at the start of each Shift for EMS related updates, requests and work issues. • Oversee the monthly-expired drug exchange for their respective Shift. • Work with Shift Chiefs in the assignment of Paramedic Preceptors for new and transferring paramedics. • Coordinate assigned preceptors on their respective Shift and resolve issues as they develop. • All three (3) EMS/Paramedic Coordinators will meet with the EMS Division Chief to resolve issues within and across Shifts as needed. 302 of 921 28 • Assist in the administration of electronic PCR Program. • Complete ongoing inventory of EMS equipment and order supplies as needed. • Quality assurance review of random and anonymous EMS reports on a weekly basis for periodic training sessions. Unless the Coordinator chooses to utilize free time during the course of a shift duty, administrative duties, as defined above, shall be performed between 0830- 1700 hours. The EMS/Paramedic Shift Coordinator will work on a shift schedule assigned to the FPB where they will be subject to the provisions of Article IX Section 9.12. Qualifications • Selection will be made without regard to rank as Firefighter or Captain, provided the applicant have a minimum of three (3) years’ experience as an EMT-P with the St. Francis EMS System and three (3) years’ experience with the Evanston Fire Department overall • Any Firefighter applicant must be a certified St. Francis/EFD Preceptor • EMT-P in good standing • ACLS and PALS Certifications • Applicants will be given 12 months to get the required certifications, including preceptor Selection The selection of EMS/Paramedic Shift Coordinator will be made by the Fire Chief or designee after posting of the position for thirty calendar days, giving all interested applicants the opportunity to apply. Assignment as EMS/Paramedic Shift Coordinator will be for a period of one year, renewable from year to year. Vacancies will be deemed to occur when an incumbent chooses to leave the position or is removed by the Fire Chief for non- performance. In the event that vacancies occur, they shall be posted for 30 days. Members interested in becoming EMS/Paramedic Shift Coordinator shall express such interest in writing to the Fire Chief or designee. Section 9.16. Deferred Compensation Program. The City agrees to co-administer a deferred compensation program (known as a 457 plan) sponsored by the IAFF for members of the bargaining unit. There will be a one-time $25 charge to each participating employee to offset the City’s cost in adding a new program. 303 of 921 29 ARTICLE X Hours of Work and Overtime Section 10.1. Normal Workday and Work Cycle. The normal shift schedule for Fire Fighters whose principal assignment is fire suppression and/or EMS duty shall be twenty-four (24) consecutive hours of duty, normally beginning at 7:00 a.m., followed by forty-eight (48) consecutive hours off duty. The normal work cycle for such Fire Fighters shall be nine (9) such twenty-four (24) hour shifts within a twenty-seven (27) day work period. The hours thus generated shall be reduced by scheduling a “Kelly Day” off duty every ninth duty day to produce an annual average work week of 49.8 hours per week. The City shall schedule the Kelly Days as provided in this Section. In the event the City regularly schedules an employee or employees for a duty schedule other than the normal schedule: 1. The duty schedule shall be as described in Section 9.12 of this Agreement; 2. Employees moving from a 37.5 hour work week for mandatory training back to a 24/48 shift schedule shall receive time and one half for all hours worked over 49.8 in the week they return to a 24/48 shift schedule; 3. the Fire Chief will grant an interview to the affected employee to provide an opportunity to discuss any complications with such a schedule change before the schedule change is put into effect; provided, however, the City will request and consider volunteers before making a change on a mandatory basis. To be eligible for the Kelly Days provided for in each year of this Agreement, the employee must be an employee of the Department as of January 1 of that year. If an employee is not an employee of the Department as of January 1, he shall be eligible for one Kelly Day (one 24-hour shift) in that year for each twenty-seven (27) days of employment. Section 10.2. Overtime. (a) Overtime shall be defined as all hours worked in excess of the scheduled normal work day. (b) Overtime shall be paid at the rate of one and one-half the hourly salary rate for all hours worked in excess of the scheduled normal work day. All scheduled, voluntary overtime shall be paid at the rate of one and one-half the hourly salary rate based on time worked. All mandatory overtime and all unscheduled overtime (i.e. emergency call back or hireback to fill a department need) shall receive a minimum of four hours pay at one and one-half his/her normal rate. (c) Overtime pay shall be calculated to the nearest one-quarter hour. 304 of 921 30 (d) If the City schedules mandatory training hours on off-duty time and directs an employee in writing to attend, the employee shall receive double time pay for said hours, except: i. new employees attending mandatory training as a condition of employment shall be paid at the rate of time and one-half; and ii. Fire Officers attending up to 16 hours per calendar year and Shift Chiefs attending up to 12 hours per calendar year of mandatory training in supervisory and/or management skills shall be paid at time and one-half. If the mandatory training session is held on the employee’s vacation or Kelly Day, the employee will not be required to attend on that day. The minimum set forth in subsection (b) shall not apply. (e) Employees assigned to a 37.5 hour work week schedule shall be paid overtime for all hours in excess of 7.5 hours per day. Section 10.3. Compensatory Time. An employee who is scheduled to work beyond his normally scheduled hours of work may request to take compensatory time in lieu of pay. The employee shall be entitled to one and one-half hours of compensatory time for all hours in excess of his normal work schedule. When an employee works a hire-back or otherwise earns compensatory time off, he may elect to bank the hours as compensatory time in lieu of receiving monetary compensation in that pay period. In consideration of the City offering the use of compensation time in accordance with this section, the City and the Union agree, in furtherance of Section 7(o)(5) of the Fair Labor Standards Act, to place restrictions on the use of compensatory time under circumstances which both parties agree would constitute an “undue disruption” of the Department’s operations. This section will allow employees use compensatory time to take time off at a future date, even during times when Shift Vacation Calendar might otherwise be full and would prevent normal scheduling of time off. Effective January 1, 2012, any time previously accrued and categorized as Compensatory Time will be transferred hour for hour into a Hire Back/Comp Time Bank and be re-categorized as Hire-Back Comp/Time (HBCT) The following procedure shall be followed for utilizing the HBCT option: Notice of Banking a Hire-Back: When an employee elects to bank a Hire- Back, the employee shall notify the Shift Chief in writing using the HBCT Request Form. Time will be banked at a time and one half rate (e.g., a 24 hour hire back would result in 36 hours of HBCT). 305 of 921 31 Requesting to Use HBCT: In order to request the use of HBCT, the employee must have the time in the bank. The time must be requested in increments of four (4) hours. A HBCT Form shall be completed by the employee and submitted to the Shift Chief. All requests will be recorded with the date and time they are received and shall be submitted to the Shift Chief no later than three shift days (216 hours) prior to the beginning of the shift day in which the HBCT will be used. Employees must have enough time in their HBCT bank to cover the request at 1.5x the request. Filling Hire-Back Bank Requests: Requests for HBCT use will be prioritized in the date and time order in which they are received. If the requirements of a specific assignment cannot be met (e.g., Officer, FAO, etc.), the requests will be denied. The requesting employee may increase requested time increment at a later date to make the slot more attractive and more likely to be filled but an employee may submit no more than three requests for any particular date. Any Hire Back caused by the employee using the compensatory time will be charged against the employee’s HBCT: The scheduled employee’s HBCT Bank shall be reduced by time and one half for each hour granted off (e.g., 24 hour hire-back at time and a half equals 36 hour reduction in HBCT Bank). If no hire-back is required: The employee taking the leave shall his HBCT Bank reduced hour for hour (e.g., 24 hours off equals 24 hours reduction in HBCT Bank). Overage Costs: The City shall incur no additional overtime costs due to HBCT usage. In the rare case where an over run/holdover occurs, the employee using the HBCT shall have two options: 1. The requesting and covering employees may mutually agree that the overage/holdover time will be considered an emergency duty trade subject to approval of the Shift Chief and there will be no additional balance reduction or additional compensation. 2. The overage time will be charged to the employee’s HBCT Bank and will be reduced accordingly to cover the overage. Cash Out: If an employee elects to do so, a HBCT Request Form will be completed by the employee and submitted to the Shift Chief. An employee may cash out their HBCT Bank at the final pay period of the fiscal year for any remaining HBCT bank time. Employees may not carry over from one fiscal year to the next more than 72 hours. The HBCT record will be administered through Fire Headquarters. As a one-time consideration under this Agreement, the City agrees to add thirty- six (36) hours to every employee’s floating holiday bank no later than one (1) month after the effective date of this Agreement; thirty-six (36) hours to every employee’s floating holiday bank as soon as practicable but no later than 306 of 921 32 January 31, 2020; and thirty-six (36) hours to every employee’s floating holiday bank as soon as practicable but no later than January 31, 2021. An employee shall have the option of cashing out the 36 hours, deferring it to deferred compensation, or using it as HBCT in accordance with this Section. Any part of the 36 hours not cashed out or used by the end of the year, will be paid out to the employee’s PEHP account. Section 10.4. Saturday Schedule. Saturday shall be a regular work day and employees shall perform normal work day assignments, except where the Saturday is a holiday under Section 9.2 (c) where a holiday work schedule is observed. Section 10.5. Trade Policy. A firefighter may trade with a firefighter and a captain may trade with a captain. Whether the individual is a paramedic will not be taken into account in granting or denying a trade, so long as there will be no need to hire back a firefighter/paramedic in order to have sufficient firefighter/paramedics on duty, should a trade be granted. A Shift Chief may trade with another Shift Chief or with a Fire Captain who is a member of a pool of Acting Shift Chiefs established by the Fire Chief. Effective March 1, 2005, a Fire Captain may trade with an Acting Captain, with a maximum of one such trade per shift. Trades under this provision will be approved on a first come, first approved basis. There shall be a maximum of twelve (12) exchange of duty trades (288 hours) per year per employee. Exchange of tours of duty shall not exceed three consecutive tours of duty and may not be bridged by any other form of paid or unpaid time off, except that bridging of three trades or less shall be permissible. Each trade of tours of duty must be repaid within 12 months of the trade. Exchange of Kelly Days must be completed within the calendar year. In addition to the foregoing, the parties agree that if administrative problems arise concerning shift trade rules and regulations, the parties will use their best efforts to resolve these differences at labor-management meetings pursuant to the labor contract. 307 of 921 33 ARTICLE XI Group Insurance Section 11.1. Group Life Insurance. The City’s group life insurance program shall be continued in effect for the term of this Agreement, and the City’s fifty percent (50%) contribution shall continue. Further, during the life of this Agreement, the City shall offer a Universal Life Insurance Program, and the employee will pay one hundred percent (100%) of the cost of the premium. Section 11.2. Group Hospital-Surgical-Major Medical Insurance. (a) Employees may participate in one of the medical insurance plan(s) maintained by the City. If the City determines that one of these plans shall no longer be in effect, or if the City adds a new plan, employees shall have the right to switch to another plan on a non-medical basis under rules established by those plans. (b) As of January 1, 2019, employees covered by PPO 1, PPO 2, HMO Illinois, and HMO Blue Advantage will continue to fall in the below tiers and contribute the following percentage (%) of total premium costs, which shall be deducted from their employee paychecks: Tier Employee 10% Employee + 1 or 2 Children 8% Employee + Spouse/DP 9% Family 10% The contribution amounts for the Employee + 1 or 2 children and Employee + Spouse/DP tiers will be calculated as a percentage of the total family premium cost. (c) Effective January 1, 2020, employees will fall in the below tiers and contribute the following percentage (%) of total premium costs, which shall be deducted from their employee paychecks: Tier Plan Percentage Employee HMO 12% PPO 15% Employee + 1 HMO 10% PPO 13% Family HMO 12% PPO 15% The contribution amount for the Employee + 1 will be calculated as a percentage of the total family premium cost. As of January 1, 2020, the Employee + 1 or 2 children and Employee + Spouse/DP tiers no longer exist. 308 of 921 34 Deductible amounts for PPO plans are as follows: PPO1 PPO2 Single In Network: $500 $1000 Family In Network: $1500 $2000 Single Out of Network: $1000 Family Out of Network: $3000 (d) Former bargaining unit employees who are retired and are receiving a current Illinois fire pension may elect insurance plan coverage under the rules and regulations established by the plans, so long as the retiree pays the entire group insurance premium, without any City contribution. Payment shall be by means of deduction from the pensioner’s Fire Pension Fund check. (e) Upon request, the City shall provide the Union with information and documents relating to existing programs and any proposed changes. The City will notify the Union of any changes made to the City’s medical insurance program 30 days prior to the effective date of such changes. The City will notify the Union of any changes made by the providers of the City’s medical insurance program within 15 days of receiving such notice from the provider. In the event, however, the City exercises the right to change insurance carriers for part or all of the life/medical insurance program or to self-insure any or all said programs, benefit levels shall remain substantially the same. In the event that City-instituted changes result in overall benefit levels that are no longer reasonably comparable to those which predated the changes, the Union shall have the right, within thirty (30) days of the insurance changes taking effect, to demand impact and effects bargaining over the City’s changes by so notifying the Director of Human Resources in writing. The parties shall then promptly meet and negotiate in good faith over the impact and effects of the changes. The City may elect to implement the changes during the pendency of impact and effects negotiations. The Union shall have the right to identify another economic item (other than time off or this insurance program language) to include in such negotiations. The parties shall negotiate as to the impact and effects of the City’s changes and the item identified by the Union for a period of thirty (30) days or longer if the parties mutually agree. After thirty (30) days if the dispute is not resolved, either party may invoke interest arbitration. The arbitration shall be conducted in accordance with Section 14 of the Act except that the impartial arbitrator shall be selected in accordance with the procedures of Article VI of this Agreement. The Arbitrator shall not have the authority to modify the changes in the insurance program, but if he determines that the changes made in light of all the circumstances warrant the consideration of the parties’ final quid pro quo offers, he shall have the authority to do so. 309 of 921 35 Section 11.3. Section 125 Plan. The City will continue to offer a Section 125 Plan for employee contributions under this Article. Section 11.4. Dental Plan Option. The City shall continue to offer the choice of two dental insurance plans to all employees eligible for insurance coverage. Employees who enroll in one of the dental plans will be required to stay in the plan for at least one year before changing plans or dropping out entirely. There will be no contribution by the City to either of the dental plans; the employee will pay 100% of the cost of the premiums. Section 11.5. Medical Insurance – Line of Duty Death. In the event an employee with dependent medical coverage is killed in the line of duty, the employee’s spouse shall receive continuation dependent coverage as specified under federal law, except that the City will contribute toward the costs of such coverage the equivalent amount paid for the costs of such coverage applicable to other employees covered by this Agreement, which may change from time to time. Section 11.6. Post-Employment Health Plan. The City agrees to participate in the Post Employment Health Plan for Collectively Bargained Public Employees (“Plan”) in accordance with the terms and conditions of the Plan’s Participation Agreement, a copy of which is attached to this Agreement. The parties hereto designate Genesis to act as Administrator and Bank of America to act as Trustee for the Plan, or its successors appointed in accordance with the Plan and Trust documents. The City agrees to contribute to the Plan on behalf of the employees covered by this Agreement. After the effective date of this Agreement, the City shall contribute to the Plan for each eligible employee, the amount of $70 per paycheck, except that when there are three paychecks in a month, the $70 will not be deducted from that paycheck. Additionally, for employees eligible for the annual sick leave payout described in this Agreement the City shall contribute the first forty-eight (48) hours of such payout eligibility to the Plan. Finally, upon termination, 100% of the eligible employee’s sick leave balance that would otherwise have been paid to the eligible employee as described in this Agreement had the City not participated in the Plan shall be contributed to the Plan. Effective January 1, 2022, and continuing, the City shall add twenty-four (24) hours to every employee’s floating holiday bank on or before the first paycheck in January of each year. The 24 hours will be directed to each employee’s PEHP account on or before the first paycheck in February of each year. 310 of 921 36 Section 11.7. Heath Insurance Opt-Out. Employees who elect to drop City medical coverage, because that employee is covered by another group plan, shall receive payment from the City of $1,800.00 per year. 311 of 921 37 ARTICLE XII Labor-Management Conferences Section 12.1. Meeting Request. The Union and the City agree that in the interest of efficient and effective operation and management and in the promotion of harmonious employee relations, quarterly meetings will be held in January, April, July and October, at a mutually agreed date. More frequent meetings may be held if mutually agreed. Either party may provide a written agenda. The City and Union shall each designate two representatives (and one alternate) to attend such meetings. The names of members and alternates may be changed annually. In addition, either the City or the Union may designate up to two (2) additional representatives who are City employees. Such meetings shall be limited to: (a) discussion on the implementation and general administration of this Agreement. (b) a sharing of general information of interest to the parties. Section 12.2. Content. It is expressly understood and agreed that such meetings shall not be a part of the grievance procedure. Specific grievances being processed under the grievance procedure shall not be considered at labor-management meetings nor shall negotiations for the purpose of altering any or all of the terms of this Agreement be carried on at such meetings. Section 12.3. Procedures. If a labor-management meeting is scheduled during an employee’s normal work day, the employee shall be compensated for time lost from the normal straight- time work day. Minutes of labor-management meetings shall be prepared and any agreement reached shall be committed to writing and signed prior to implementation. 312 of 921 38 ARTICLE XIII General Section 13.1. Safety. The City and the Union desire to maintain safe working conditions. Employee suggestions concerning safety will be considered fully and prompt responses will be given. The Union and the City agree to continue the joint labor/management efforts to develop a strategic plan for the department. This includes evaluating the Fire Department’s effectiveness, efficiency and safety of all departmental operations including but not limited to fire suppression, emergency medical service, and special operations delivery in order to protect the public and members of the Fire Department. This evaluation will include a review of relevant local/state policies, regulations, statutes, fire department accreditation resources, NFPA standards including NFPA 1710 and any other information that assists in development and implementation of the departmental strategic plan. Section 13.2. Exchange of Duty. The Fire Chief or his designated representative may grant the request of any two employees covered by this Agreement to exchange tours of duty, or Kelly Days off, pursuant to criteria specified in the Side Letter of Agreement attached to and made a part of this Agreement as Section 10.5. Section 13.3. Rate of Pay for Serving in Higher Rank. When an employee is temporarily assigned in a higher paying rank, and such temporary assignment continues for four or more consecutive hours, the employee shall be paid at the same step in the higher rank to which they are assigned for each full 24-hour shift. When a Qualified Driver is temporarily assigned to a FAO for four (4) or more consecutive hours, the employee shall be paid $20 for each full 24-hour shift. The City shall negotiate with the Union the criteria which the City uses in making temporary assignments and any significant changes which the City makes in these criteria. Section 13.4. Outside Details. When an employee is assigned to an outside detail, the pay rate shall be $50 per hour regardless if the detail is voluntary or mandatory, with a three hour minimum, except there shall be no payment in situations where a firefighter volunteers to serve without pay as a civic contribution. Any outside detail must be sanctioned and signed off by the Fire Chief or his designee. When details are sanctioned, our participation will be mandatory. Volunteers will be solicited. Should the volunteer number be insufficient, members will be mandatorily assigned to the detail. The outside detail list will be used to make any mandatory detail assignments. In the unlikely event that we are unable to secure anyone for the detail using the detail list, the standard hire back list for staffing will be used as a last resort. The person will still be paid at the detail rate according to Section 13.4. 313 of 921 39 MABAS Resource Deployment This section of the contract covers a MABAS Resource Deployment which mobilizes MABAS resources for a large scale incident response over an extended time period where the City is reimbursed through the Federal or State government. This section does not cover MABAS Mutual Aid and MABAS Task Force responses. All deployments must be approved by the Fire Chief and are subject to the following: Teams of five (5) or less will consist of at least: • One Captain or Acting Captain or Shift Chief • One FAO/QD (if an Evanston vehicle is used) Teams of six (6) or more will consist of at least: • Two Captains or Acting Captains or Shift Chiefs • One FAO/QD (for each Evanston vehicle used) A selection list shall be created for all ranks of Shift Chief and below. Selection from the list will be based upon the following factors in order of importance: 1. Specific needs/talents as determined by the affected jurisdiction or request. 2. Individual qualifications as stated above. 3. No more than one Shift Chief or two Captains will be allowed for any deployment (unless approved by the Fire Chief) 4. Date of last deployment (as of 8/21/09) a. Those with the most recent deployment date would move to the bottom of the list. b. If there is no previous deployment date or a tie in dates, seniority in time on the job will be the determining factor. In past deployments, there has been little or no advance notice. The City will work with the Union to implement a system that will provide a rapid, redundant and verifiable means to contact all employees to notify them of the deployment request. Members selected for approved deployments will be compensated in accordance with Article X, Section 10.2. Section 13.5. Additional Duties. The City will not add duties which are unrelated to the Fire Department without prior agreement of the Union. Section 13.6. Joint Safety Committee. There shall be a Joint Safety Committee comprised of three employee members selected by the Association and three members selected by the City. The Association and the City shall advise the other party of the names of its members and any change in names. There shall be regular quarterly meetings of the Committee and additional meetings as needed. The Joint Safety Committee shall: 314 of 921 40 (a) develop its own procedures for effective operation, including the taking of minutes of Safety Committee meetings and the review and approval of minutes at the subsequent meeting; (b) review and discuss any and all matters pertaining to the safety of employees while on duty; (c) make recommendations to the City concerning facilities, apparatus, protective equipment, protective clothing, procedures, accident prevention, or other safety matters; (d) encourage employees to comply with safety rules, regulations and procedures which the City issues from time to time; (e) process and resolve, to the extent possible, employee safety complaints which have not yet become formal grievances. The Fire Chief or his designee will meet with the Joint Safety Committee within five (5) working days of receipt of a safety complaint for resolution. After an attempt is made to resolve a safety complaint at such meeting of the Joint Safety Committee, an unresolved complaint may be filed directly at Step 2 of the grievance procedure, if the Association so elects. Section 13.7. Formal Training, The City has enacted an Ordinance calling for participation in the Illinois Fire Protection Training Act. (a) The City and the Union agree that it is in the best interest of the City for its employees to participate in training drills and courses. At times, training evolutions are designed to create live scenarios to better develop knowledge and skills for employees. (b) The City recognizes that such drills and courses are as dangerous to employees as a live incident. (c) Employees that are approved instructors by the City shall be qualified in the subject area. They shall be trained in all NFP A and OSHA standards that may apply for safe training. All courses shall be approved by the Safety Committee thirty days prior to the training date. If an acquired structure or practical course becomes available that would not allow for the 30-day lead review, the requirement may be waived with the approval of the course by both of the joint Labor/Management Safety Committee Co-Chairs. All live fire training will be in accordance with NFPA 1403. (d) Training given by MABAS Division 3 shall be approved by the Training Committee thirty days prior to the employee participation. The City shall not have other events or training that would require remaining companies to be on second- calls while employees are involved in a MABAS Joint Training Drill and a frontline suppression vehicle is taken out of service. 315 of 921 41 (e) Front-line suppression vehicles shall be allowed out of service for training for no more than 4 hours and 30 minutes. (f) Employees who participate as a MABAS Division 3 instructor for approved MABAS Division 3 training or as a NIPSTA Instructor for other classes will be an independent contractor for NIPSTA and not covered under the City's Workers’ Compensation Program. However, the employee may request to use City equipment for the class with the approval of the Fire Chief or his designee. Section 13.8. Mutual Aid. It is not the City’s intention to use mutual aid to avoid callbacks. Section 13.9. Pension System. The pension and retirement benefit and the administration thereof shall be in accordance with the Illinois Firemen’s Pension Fund for the duration of this Agreement. Section 13.10. Light Duty. If an employee is injured or recuperating and cannot perform normal duties, the City may make a fire-related light duty assignment, if the City determines such assignment is in its best interests, such light duty work is available, if the employee is medically able to perform such light duty, and provided there is a reasonable expectation that the employee will be able to assume full duties and responsibilities within six (6) months. Except as otherwise provided below, light duty assignments shall be on a thirty-seven-and-one-half (37.5) hours work schedule in accordance with Section 9.12. For employees with off-the-job injury/illness, in addition to the above conditions, employees may only request light duty after using at least five 24 hour shift days (120 hours) of sick leave. Employees who have less than 5 days (five 24-hour shift days or 120 hours) of sick leave must use the hours they have before requesting light duty. Employees may only request light duty for up to 90 calendar days at which time an extension may be granted by the Fire Chief or his designee. All bargaining unit members will receive equal consideration in application of this Section. There shall be no loss of sick pay while an employee is on light duty unless the employee chooses to use sick leave to take off for illness from his light duty assignment, at which time 8 hours of sick time will be deducted for each light duty day missed. An employee assigned to work light duty on a 37.5 hour schedule will report to Fire Department Headquarters on the day he is directed and will work the hours of 0830 to 1700 (8:30 a.m. to 5 p.m.) with the exception of Saturday, Sunday and City Holidays. 316 of 921 42 The Fire Chief may assign an employee on light duty to a 24/48 restricted duty schedule. The Fire Chief or his designee will make that determination based upon the illness/injury of the employee, medications being taken, office projects that need to be completed and the qualifications of the employee making the request. A member’s assignment to a 24/48 hour or 37.5 hour light duty schedule may be altered by the Fire Chief or designee. Employees who are assigned a 24/48 hour restricted duty schedule will work a shift and will follow the standard 24/48 hour schedule including Kelly Days and taking their vacation days. Nothing herein shall be construed to require the City to create light duty assignments for an employee, or to provide light duty work when such assignments may be available. Employees will only be assigned to light duty assignments when the City in its discretion determines that the need exists and only as long as such need exists. Section 13.11. Bulletin Boards. The City will provide bulletin boards in each fire station for the Union to use for postings regarding Union business. The City reserves the right to require prior approval of postings. Section 13.12. Job Descriptions. The Association will be provided with a 30-day advance notice of all changes or additions to the job descriptions of all classifications within the bargaining unit. Section 13.13. Credit Union Checkoff. Upon receipt of a signed credit union checkoff authorization in a form approved by the City, the City agrees for the duration of this Agreement to deduct from such employee’s pay, amounts to be paid to the Evanston Fireman’s Credit Union. Deductions shall be made twice monthly on the first and second City payday of each month and shall be remitted on an expedited basis in the form of an “Advance Check” to the person designated in writing from the Credit Union to receive such deductions. The City has the right to establish reasonable administrative rules in regard to the Credit Union checkoff. It is understood that the City shall take no part in the affairs of said Credit Union and shall have no liability for, nor responsibility to the Credit Union, except for the payroll deduction set forth in this Section. Continuation of this Section is contingent upon said Credit Union conforming to the provisions of the Illinois Credit Union Act. Section 13.14. Bed Linens. The City shall continue its practice of providing initial issue of bed linens and replacement issue of bed linens upon employee request, so long as the employee making the request turns in the worn out bed linens. 317 of 921 43 Section 13.15. Sick Leave Rules. (a) In the event an employee is unable to report for work due to illness or injury, he/she must inform his/her Department Head or Supervisor by the time designated by the Department rules. Failure to do so, each day of absence, or at agreed-upon intervals in the case of extended illness, may result in loss of pay. Failure to report for three consecutive duty days may result in termination. (b) The Fire Chief may make any appropriate investigation or establish reasonable controls to prevent the abuse of sick leave. Proof of illness or disability in the form of a medical certificate from the attending physician, the City’s physician or a nurse practitioner will be required for any absence of two consecutive duty days or more, and will be required for any absence due to sickness or injury once an employee has used 72 hours of sick leave in any calendar year. Abuse of sick leave based on false claims of illness or injury, or falsification of proof to justify such sick leave will be cause for loss of pay and disciplinary action. (c) Grounds for suspecting abuse of sick leave include, but are not limited to, information received by the City that the employee is, or was, during any day for which sick leave is claimed: i. Engaging in other employment; or ii. Engaging in activity or being present in a place inconsistent with a claim of illness or injury. (d) Excessive use of sick leave, repeated instances of inadequate notice to supervisors requesting the use of sick leave, and requests for or use of sick leave under suspicious circumstances (such as a request which immediately follows the employee’s being assigned to a particular job or task or repeated absences immediately preceding or following weekends, holidays or vacation periods, etc.) shall also be grounds for suspected abuse of sick leave. (e) Actual abuse of sick leave shall subject an employee to discipline up to an including discharge. Abuse of sick leave consists of: i. Unjustified or unsubstantiated use of sick leave (as in cases where a doctor’s certificate is required but not supplied, or in cases where the doctor’s certificate or employee statement fails to substantiate the employee’s claim of illness or injury requiring the employee to be off work); or ii. Unjustified failure to give adequate notice to the City of the use of sick leave; or iii. Falsification of a written, signed statement by the employee or of a doctor’s certificate. 318 of 921 44 (f) In reference to Article IX, Section 9.5(e), an employee will be required to produce a medical certificate after using three (3) days of sick leave for employee’s spouse or dependent child. Section 13.16. Hearings. The City and the Union shall each be responsible for the compensation of their own witnesses and/or representatives who attend hearings where the Union and the City or the Union and the employee are parties (for example, court hearings, State Labor Board hearings); provided, however, that one employee shall be released from duty if necessary to attend such hearing without loss of pay. If the employee or Union wishes that additional employee representatives or witnesses be present, those employees shall be released from work pursuant to Section 13.2, Exchange of Duty, if the employee requests such exchange. Section 13.17. Physical Fitness Program. (a) General. The City and the Union recognize that employees should be in good physical condition in order to perform their work effectively and safely and to protect themselves, co-workers and citizens. The City recognizes that it has a responsibility to provide a safe working environment, consistent with the inherent risks and hazards of the work, including but not limited to, insuring that employees are physically fit to perform their work. The approach of this Article shall be positive, and the objective shall be to ensure that employees are fit for work, rather than to discipline or otherwise adversely affect employees. The parties will continue to work through the Joint Safety Committee to achieve the objectives of this Article. (b) Medical Examinations. The City shall provide and pay for a medical examination for all employees covered by this Agreement, on a periodic basis, in order to evaluate the employee’s fitness for duty. The examination shall include those factors which are determined medically appropriate, including electrocardiogram and/or exercise stress tests where appropriate and shall utilize NFPA 1582 Standard on Medical and Physical Performance Requirements for Fire Fighters as a guide in the City physician’s determination. (c) Employee Safeguards. Confidentiality of files under this Section shall be maintained. The City will receive from the medical evaluation only a report that the employee was fit or unfit for duty. Details of the medical examination shall be submitted to the employee, not the City, except that if the employee is determined unfit for duty, the City shall be supplied with that medical information which the physician believes is appropriate in order to evaluate the employee’s medical suitability for continued work and/or rehabilitation. If the City receives an unfit for duty medical report, the City will, consistent with the medical evaluation, take into account such factors as medical evaluation from the employee’s own physician, referral to a third independent physician, education, training, re- evaluation, medical leave, referral to light duty and/or employee rehabilitation. The City will take every medical step reasonably appropriate under the 319 of 921 45 circumstances to enable an employee to return to duty and, consequently, a decision to terminate an employee’s employment for unfitness for duty shall only be made as a last resort. (d) Physical Performance. The Department shall adopt a physical exercise program required for participation by all employees. The Department will provide and maintain exercise equipment for employees to utilize at each Fire Station. Recommendations concerning specific exercise equipment and the particular fitness or exercise program shall be developed by the Physical Fitness Committee. (e) Grievance and Arbitration. Any action taken by the City declaring an employee medically unfit for duty shall be subject to grievance and final and binding arbitration pursuant to Section 6.3 of this Agreement. In the event that the City unilaterally adopts a particular exercise program, employees shall participate in the program in good faith, but no discharge or demotion as a result of such participation shall become effective until such time as any disputes between the City and Union as to the reasonableness or validity of any unilaterally adopted exercise program are resolved. Any disputes between the City and Union as to the reasonableness or validity of any unilaterally adopted exercise program shall be subject to final and binding grievance and arbitration under Section 6.1 and Section 6.3 of this Agreement. If the Union so desires, it may raise a potential grievance under this Article in writing at a meeting of the Joint Safety Committee, prior to filing a grievance, in which event if the complaint remains unresolved, the grievance will be filed directly at Step 2 of the grievance procedure. (f) Voluntary Wellness and Fitness Program: The City and the Union agree to establish a voluntary employee wellness and fitness program. To participate in the program, the employee must receive and pass the annual medical examination in accordance with Section 13.17 (B). The employee must also: • Abstain from use of tobacco products and pass nicotine metabolite (continine) test. o Any employee who is found to have a continine value between 100ng and 299ng is entitled to request one retest to verify the results, provided the employee requests the retest to the Chief within 48 hours of receiving the results. o Any employee who receives a test value of 300ng or more is not entitled to a retest. • Participate in a regular exercise program within the guidelines of Department SOG. • Pass 7 of the 8 fitness assessment exercises administered. Must pass body composition and VO2max. 320 of 921 46 Fitness Assessment Passing Scores MALE Exercises 21-30 yrs old 31-40 yrs old 41-50 yrs old 51+ Push-ups 35 30 25 20 Plank 90 sec. 75 sec. 60 sec. 45 sec. Grip Strength 100 100 100 100 Curl 100 lbs 90 lbs 80 lbs 70 lbs Squat 225 lbs 185 lbs 145 lbs 105 lbs Sit and Reach 14 14 14 14 VO2max 40 40 40 40 Body Comp. 18-19% 19-20% 20-21% 21-22% FEMALE Exercises 21-30 yrs old 31-40 yrs old 41-50 yrs old 51+ Push-ups 24 21 18 14 Plank 90 sec. 75 sec. 60 sec. 45 sec. Grip Strength 70 70 70 70 Curl 70 65 56 49 Squat 225 lbs 185 lbs 145 lbs 105 lbs Sit and Reach 14 14 14 14 VO2max 40 40 40 40 Body Comp. 28-29% 29-30% 30-31% 31-32% Test will be given in this set order: 1. VO2max 2. Sit and Reach 3. Plank 4. Squat 5. Push-ups 6. Curl 7. Grip Strength 8. Body Composition Employees meeting these requirements shall receive a $500 stipend toward medical expenses for the following calendar year. This stipend shall be applied to reduce the monthly amount of the employees’ contribution to the health insurance plan selected by the employee. Section 13.18. New Classifications. If the City creates new classifications within the bargaining unit, the Union shall be provided with thirty (30) days’ advance notice. The parties shall meet over a period of at least forty-five (45) days at mutually agreeable times and negotiate with respect to wage rates, hours and other conditions of employment for the new classification. Each party’s representative shall give fair consideration to the other party’s proposals. In the event the parties are not able to reach agreement, 321 of 921 47 any disputes as to the City’s or Union’s proposals that constitute a mandatory subject of bargaining shall, at the election of either party, be referred to arbitration for resolution in accordance with the procedures of Section 14 of the IPLRA, as modified below, except that the neutral chairman shall be selected in accordance with Section 6.3, Step 4 of this Agreement. The arbitrator’s authority as to any dispute as to wage rates shall be to determine whether the wage rate for the new classification bears a proper relationship to the wage rates of the classification set forth in the labor contract. Any disputes as to other issues shall be determined in accordance with applicable standards of Section 14(h). In any arbitration under this Section there is a presumption that the hours and other conditions of employment in the Agreement shall apply to the newly- created classification. Should the party asserting that the existing hours and other conditions of employment contained in the Agreement are inapplicable to the newly-created classification, fail to establish the unique character of the newly-created classification, the interest arbitrator shall proceed no further as to issues relating to hours and other conditions of employment. If, however, the interest arbitrator is satisfied that the newly-created classification presents unique circumstances requiring the establishment of hours and/or other conditions of employment which differ from those included in the Agreement, that interest arbitrator shall decide those issues under the statutory criteria and procedures established by Section 14(h) of the IPLRA. The arbitrator must address the issue of the asserted inapplicability of the existing hours and conditions of employment to the newly-created classification before proceeding to the wage issue in dispute. Section 13.19. Maintenance of Service Levels. The parties recognize and acknowledge the following standards of service: (a) The parties have jointly committed to maintain safe working conditions as described in Section 13.1 of this agreement. (b) “The Fire Department exists, 24 hours of every day, to protect life, property, and the environment. We will provide superior quality fire suppression, emergency medical services, fire prevention, public education, technical and special rescue, non-emergency and support services: to prevent or minimize situations that affect the people we serve.” (c) The City Council has determined that this purpose is presently accomplished by maintaining daily staffing levels in accordance with the budget appropriated and adopted for fiscal years 2012-2013, which may be subject to change by City Council after compliance with the dispute resolution procedures of this agreement. 322 of 921 48 (d) The present daily staffing levels ensure the safety of employees and protection of the life and property of citizens because staffing levels are sufficient to ensure that companies responding to emergency calls have the staffing necessary to be effective and respond within the department’s average response time. (e) The parties acknowledge that the present daily staffing levels are not necessarily absolute and may be subject to reconsideration due to circumstances currently unforeseen. In the event the City believes changes in present staffing levels are necessitated by changed circumstances, the City shall notify the Union of the reasons for any changes and upon written request from the Union, within ten calendar days, a Labor-Management meeting shall convene to discuss and negotiate in good faith as to the City’s proposed changes. If the parties are unable to come to an agreement within 20 days, either party may invoke interest arbitration in accordance with § 14 of the Act, except the mediation shall be waived. The single arbitrator shall be selected under the procedures of the collective bargaining agreement except the parties shall select the arbitrator from the first panel received within seven days of receipt of the panel, and final offers shall be submitted by the parties to the arbitrator within seven days of the arbitrator’s appointment. The hearing shall thereafter be conducted and concluded within ten (10) days of the arbitrator’s appointment and a decision rendered (without the filing of post-hearing briefs, pre-hearing briefs will be permitted) within seven (7) days thereafter. In the event the arbitrator selected is unwilling to meet these time frames, the last arbitrator struck will be selected until an agreeable arbitrator is found. (f) The Union agrees that during these discussion and negotiations prior to impasse, it will direct all correspondence and inquiries to the City’s appointed negotiating team. The City agrees to share any concerns of the Union with the City Council in the event the proposed changes require City Council’s approval. (g) This side letter of agreement shall expire (sunset) at 11:59 p.m. on the 31st day of December, 2022, and the parties shall revert immediately to the provisions of the parties’ collective bargaining agreement. The parties agree that the provisions within this side letter of agreement and the effects of its application shall be considered non-precedential, shall not be considered to be the “status quo” in any future negotiation, and shall not be used by either party for any purpose whatsoever in any future interest arbitration involving the parties. Nothing herein shall constitute a waiver of either party’s position as to whether or not minimum manning is a mandatory subject to bargaining. (h) Should a study be completed, the City and the Union agree to split funding costs (50/50) and create a labor/management subcommittee to provide input in the vendor selection as well as monitor data provided toward the execution of a Community Risk Assessment and Standards of Response Coverage Study. City 323 of 921 49 Council remains vested with the final determination of appropriate service levels as provided in this Agreement. Section 13.20. Outside Employment. Employees shall annually notify the Chief in writing of any outside employment. Outside employment shall be defined as being employed by an employer, contracting for or accepting anything of value in return for services and/or self- employed for remuneration. Employees shall be allowed to work on outside employment on their days off, provided such employment shall not: (1) Result in a conflict of interest as defined by City Code of Ethics (2) Bring the City into disrepute (3) Result in outside work during an employee’s work shift; or (4) Involve the use of City equipment, supplies of facilities without express permission from the fire Chief or his designee. 324 of 921 50 ARTICLE XIV Policy on Drug and Alcohol Screening Section 14.1. General Policy Regarding Drugs and Alcohol. The use of illegal drugs and the abuse of alcohol and legal drugs by members of the Evanston Fire Department present unacceptable risks to the safety and well- being of other employees and the public, invite accidents and injuries, and reduce productivity. In addition, such use and abuse violate the reasonable expectations of the public that the City employees who serve and protect them obey the law and be fit and free from the adverse effects of drug and alcohol use. In the interests of employing persons who are fully fit and capable of performing their jobs, and for the safety and well-being of employees and residents, the parties hereby establish a screening program implementing the stated policy regarding drug and alcohol use by employees and potential employees of the Evanston Fire Department. Contained herein is the policy and program of the City of Evanston and the Evanston Fire Department, as specifically applied to members of the Evanston Fire Department. The Fire Department has the responsibility to provide a safe work environment as well as a paramount interest in protecting the public by ensuring its employees are physically and emotionally fit to perform their jobs at all times. For these reasons, the abuse of prescribed drugs, the abuse of alcohol or the use, possession, sale or transfer of illegal drugs, cannabis or non-prescribed controlled substances by Department members is strictly prohibited on or off duty. Violation of these policies will result in disciplinary action up to and including discharge. Section 14.2. Definitions. (a) “Drugs” shall mean any controlled substance listed in 720 ILCS 570/102, known as the Illinois Controlled Substances Act, for which the person tested does not submit a valid pre-dated prescription. Thus, the term “drugs” includes both abused prescription medications and illegal drugs of abuse, to include Schedule I, II, III, IV, and V controlled substances. In addition, it includes “designer drugs” which may not be listed in the Controlled Substances Act but which have adverse effects on perception, judgment, memory or coordination. A listing of drugs covered by this policy includes, but is not limited to: Opium Methaqualone Psilocybin-Pilocyn Morphine Tranquilizers MDA Codeine Cocaine PCP Heroin Amphetamines Chloral Hydrate Meperidine Phenmetrazine Methlyphenidate Marijuana LSD Hash Barbiturates Mescaline Hash Oil Glutethimide Steroids 325 of 921 51 (b) “Impairment” due to drugs or alcohol shall mean a condition in which the employee is unable to properly perform his/her duties due to the effects of a drug in his/her body. Where impairment exists (or is presumed), incapacity for duty shall be presumed. “Impairment” due to alcohol shall be presumed when a blood alcohol content of .02 or more is measured. (c) “Positive Test Results” shall mean a positive result on both a confirming test and an initial screening test. If the initial test is positive, but the confirming test if negative, the test results will be deemed negative and no actions will be taken. A positive confirming test result is one where the specimen tested contained alcohol, drug or drug metabolite concentrations at or above the concentration specified in Section VI.A.7. (d) The term “drug abuse” includes the use of any controlled substance which has not been legally prescribed and/or dispensed, or the abuse of a legally prescribed drug which results in impairment while on duty. Section 14.3. Pre-Employment and Probationary Screening. All new Firefighter applicants will be required to submit blood and urine specimens to be screened for the presence of drugs and/or alcohol prior to employment. No applicant with a confirmed positive result shall be eligible for hire. Any applicant refusing to submit to such required testing shall not be considered for employment. Probationary employees will be required to submit blood and urine specimens to be screened for the presence of drugs and/or alcohol during the final 30 days of the probationary period. Section 14.4. Prohibitions. Firefighters shall be prohibited from: (a) Consuming or possessing alcohol or illegal drugs at any time during the work day on any of the Employer’s premises or job sites, including all of the Employer’s buildings, properties, vehicles and the employee’s personal vehicle while engaged in the business of the Employer. (b) Using, selling, purchasing or delivering any illegal drug during the work day or when off duty. (c) Being impaired due to alcohol during the course of the work day. (d) Failing to report to their supervisor any known adverse side effects of medication or prescription drugs which they are taking. (e) The use of alcohol within four hours of reporting to duty. 326 of 921 52 Violations of these prohibitions will result in disciplinary action up to and including discharge. Section 14.5. Administration of Tests. (a) Informing Employees Regarding Policy. New employees will be supplied with a copy of this Policy on Drug and Alcohol Screening as part of the new employee orientation. The City shall provide annual training to employees regarding the goals of this policy, namely, that employees of the Fire Department be fit and free from the adverse effects of the use of illegal drugs and the abuse of alcohol and legal drugs; such training will include a review of this policy. However, it is the responsibility of all members of the Fire Department to be aware of, and adhere to, this policy and rules and procedures contained herein. (b) Reasonable Suspicion. Where the City has reasonable suspicion of drug use or alcohol abuse, a test may be ordered and the employee may be required to report for testing. Reasonable suspicion exists if the facts and circumstances warrant rational inferences that a person is using and/or is physically or mentally impaired due to being under the influence of alcohol or illegal drugs. Reasonable suspicion will be based upon the following: i. Observable phenomena, such as direct observation of use and/or the physical symptoms of impairment resulting from using or being under the influence of alcohol or controlled substances; or ii. Information provided by an identifiable third party which is independently investigated by the Fire Chief or his designee to determine the reliability or validity of the allegation. (c) Accidents/Injuries. When a member is involved in an on-the-job accident or injury, a supervisor shall conduct a preliminary investigation promptly and, as part of the investigation, shall evaluate the member’s appearance and behavior. Drug and alcohol testing may be required where there is reasonable suspicion that an error or mistake due to drug or alcohol use by the member caused the accident or injury or where there is reasonable suspicion that a member’s alcohol or drug use may have contributed to the incident. (d) Performance. When a member is observed to be behaving in a manner causing reasonable suspicion of drug and/or alcohol use, the supervisor may require a drug and alcohol test. Whenever feasible, the impaired behavior should be observed and corroborated by another supervisory member. (e) Arrest or Indictment. When a member has been arrested or indicted for conduct involving alcohol abuse and/or illegal drug related activity on or off duty, the Fire Chief may require drug/alcohol screening. The Fire Chief may also or instead of a drug/alcohol screening, make a mandatory referral for an evaluation of the existence of a substance abuse problem. If the certified substance abuse professional or other licensed physician or psychologist acceptable to the City 327 of 921 53 and to the Union indicates that a treatment program is recommended, that treatment program will be viewed as mandatory in accordance with the existing language in the drug/alcohol policy. If the evaluation indicates a treatment program is not necessary, the treatment program would not be mandatory. (f) Status of Employee Following Order for Testing. When testing is ordered, the employee will be removed from duty and placed on leave with pay pending the receipt of results. (g) There shall be no across-the-board or random testing of employees except as specifically provided for by Section 14.9 of this Article, or as otherwise mutually agreed in writing by the parties. Section 14.6. Testing Procedures. The test procedures outlined in this Section shall conform with the Federal Guidelines issued by the Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA) as set forth in Title 42 of the Code of Federal Regulations. In the event there is any conflict between the procedures set forth in this Section 14.6 and SAMHSA Standards, the SAMHSA Standards shall control. Human Resources, in conjunction with the Fire Chief, will ensure that the following procedures are established for the collection of urine and blood specimens and the testing of such specimens at a designated SAMHSA-certified laboratory. A. General Procedures. 1) Employees covered by a collective bargaining agreement are entitled to union representation; a union representative shall accompany the employee to the collection site, provided such representative is available and that securing such representative does not impede the process. 2) Collection Sites. Collection services will be provided at the OMEGA Clinic (the City’s physician group). For services when OMEGA is not open, collection services will be provided at the Evanston Hospital Emergency Room. 3) Chain-of-Custody. In all cases, strict chain-of-custody procedures will be followed: a. Immediately after the specimen is obtained, the client and the doctor or nurse will initial the confidence seal on the urine specimen. b. Both parties will sign the laboratory chain-of-custody form, including the date and time. c. Labeled specimens will be placed in a locked refrigerator or laboratory container located in the clinic. The OMEGA staff member will sign and date the OMEGA log. 328 of 921 54 d. Lab courier will pick up specimens twice per weekday and once per weekend. Courier and OMEGA staff will sign the chain-of-custody form. e. Specimens will be transported directly to the designated SAMHSA- certified laboratory where they will be processed in a separate drug testing area accessible only to authorized personnel. f. Once in the lab, all personnel who handle the specimen must sign and date the chain-of-custody form. 4) Scheduling. a. “For cause/fitness for duty” and other non-routine collection of specimens for testing will not require an appointment, but the individual must be accompanied by a supervisor, who will present identification. In most cases, OMEGA will be notified by phone of a collection request “on the way.” b. Routine collection of specimens for testing will be done by appointment at least 24 hours in advance. c. When collection is done at the Emergency Room, the City will notify OMEGA on the next business day. At the hospital, the supervisor will present identification and notice that this is an OMEGA client. 5) Results. Results will be confidentially forwarded to Human Resources. Generally, this means within 24-72 hours of specimen pick-up by the lab. Results will not be released by phone when the call is initiated by someone outside OMEGA or the testing lab. Written results are the property of the City of Evanston and will not be released by OMEGA or the laboratory to an employee/applicant without proper authorization from the City. 6) Collection Procedure. a. Client identity will be verified by driver’s license or by the supervisor in the absence of a picture ID. Verification will be done by doctor or nurse. b. Drug history/drug disclosure form will be completed by the client, and reviewed by the doctor or nurse. c. Consent form will be signed by client and witnessed. d. The specimen will be obtained as follows: i. At the OMEGA site, the collection will be unwitnessed: the client will be fully unclothed, dressed in a hospital gown, wash his/her hands thoroughly, including under and around the fingernails, and accompanied to the bathroom door. The client will void in a bathroom with colored toilet water, taps shut off, and devoid of soap or other materials which would be used to adulterate the specimen. ii. At the Emergency Room site, if the specially-equipped bathroom is not available, the test will be witnessed. A doctor and/or nurse will accompany the client to the bathroom and will be physically present when the specimen is produced. Blood alcohol specimens will be obtained by a nurse. 329 of 921 55 e. Blood alcohol specimen will be labeled with name, test date, time, and will be initialed by the nurse or doctor and the client. f. Urine specimen will be sealed in full view of the client and the confidence seal placed over the top of the bottle. g. The chain-of-custody process will be initiated, and specimens will be given an I.D. number. The specimen will be labeled with that number, as is the chain-of-custody form. h. Copies of the chain-of-custody form will be sealed in a tamper-proof custody envelope with the specimen. The envelope will be locked up in a metal box or locked refrigerator. i. “For Cause” testing will also include a medical history and physical exam to gather an understanding of any physical conditions, known or unknown, of a client, as well as to provide a third party observation and assessment of the individual. j. In connection with its testing program the City shall engage the services of a medical expert experienced in drug testing to design an appropriate questionnaire to be filled out by any employee being tested to provide information of food or medicine or other substance eaten or taken by or administered to the employee which may affect the test results and to interview the employee in the event of positive test results to determine if there is any innocent explanation for the positive reading. 7) Laboratory Process. OMEGA will utilize a SAMHSA-certified laboratory for all drug/alcohol screening processing. The laboratory will: a. Use 7 drug panel of: amphetamines, barbiturates, benzodiazepines, cocaine, cannabinoids (THC), opiates and phencyclidine, unless the specific situation requires testing for another specific substance(s), plus alcohol (ethyl). b. Use the enzyme immunoassay (EIA) procedure as the initial screen and use gas chromatography/mass spectroscopy (GC/MS) as the confirmatory method, utilizing cutoff levels consistent with the US Department of Health and Human Services which are currently as follows: 330 of 921 56 c. Freeze and retain all positive specimens for at least twelve (12) months after testing. d. Use for alcohol (ethyl) a blood alcohol content level of .02 grams per 100 cubic centimeters. B. Independent Testing. When an employee has been tested pursuant to the rules established herein and there are confirmed positive results, the employee may request that a portion of the original specimen be submitted for an independent test. The employee shall be notified of his/her right to do so and request and complete the independent test within ten (10) days of notice. The independent test shall be at the employee’s expense, shall use equivalent testing and chain-of-custody process used by the City. If such independent test yields a negative test result, the City will consider those results in its determination of further action. C. Confidentiality of Test Results. The results of drug and alcohol tests will be disclosed to the person tested, the Fire Chief, Human Resources, and such other officials as may be designated by the City Manager on a need-to-know 331 of 921 57 basis consistent with the other provisions of this Agreement, including treatment needs, diagnosis, use of the Employee Assistance Program and investigation of disciplinary action. Test results will be disclosed to the designated representative of the union upon request. Test results will not be disclosed externally except where the person tested consents or disclosure is permitted by law. Any member whose drug/alcohol screen is confirmed positive shall have an opportunity at the appropriate stage of the disciplinary process to refute said results. A breach of confidentiality shall be considered a serious act of misconduct and the Union may grieve and remedy violations through the grievance procedure. Nothing in this provision shall be construed as waiving the Union’s statutory right to obtain information that may be relevant to collective bargaining or the administration of grievances. Section 14.7. Voluntary Request for Assistance. Employees are encouraged to voluntarily seek treatment, counseling and/or other support and assistance for an alcohol or drug related problem. If such voluntary assistance is sought by the employee before the employee commits rule violations connected with drug/alcohol abuse, and/or before the employee is subjected to for cause testing under this policy, there shall be no adverse employment action taken against an employee who voluntarily seeks assistance. When voluntary assistance is requested under this policy, the employee may use the City’s Employee Assistance Program to obtain referrals, treatment, counseling and other support and all such requests shall be treated as confidential pursuant to the City’s normal procedures in the operation of its Employee Assistance Program. Section 14.8. Specific Responsibilities. A. The Fire Chief or his/her designee will: 1. Identify those members where a drug/alcohol screen is required and inform Human Resources of said status. 2. When necessary, initiate a preliminary investigation to determine the validity of a member’s admission that he/she is presently taking prescribed drugs. a. If the preliminary investigation reveals that the drugs have been legally prescribed and are being consumed according to prescription directions, no further investigation will ensue. b. In all other instances, a formal investigation will ensue when the test results disclose positive indicators and/or evidence of drug/alcohol usage by the member. B. Command level personnel or the Fire Chief shall ensure that members have been properly notified of the date and time of a drug/alcohol screen and that the notification has been properly documented. C. The member subject to a drug/alcohol screen will: 1. Report on a date and time determined by the Department. 332 of 921 58 2. Furnish documentation relating to the use of any prescribed drugs; i.e., prescription bottle with prescription number, prescribing physician’s statement, etc. 3. Answer all pre-medical examination questions including the use of any/all prescribed drugs and the name(s) of any prescribed drugs and the name(s) of any prescribing physician(s). 4. Cooperate in the completion of all phases of the drug/alcohol screen in accordance with the instructions of the examining physician or his/her designee. 5. Have in his/her possession his/her departmental identification card. D. Any member who is taking prescription medication that could affect perception, judgment, memory, coordination or other necessary ability to perform one’s duties shall report such fact and the nature of the illness or condition requiring the medication to his/her supervisor. Such information will be treated on a confidential basis. Section 14.9. Disciplinary Action for Confirmed Positive Test Results. (a) First Positive. The first confirmed positive test result will be cause for disciplinary action up to and including a five duty day disciplinary suspension. The employee must agree to the following conditions: (1) the employee will be mandatorily referred to the City’s Employee Assistance Program for evaluation, diagnosis and development of a treatment plan consistent with generally accepted standards; and (2) the employee will be required to cooperate in the treatment plan, undergo unannounced periodic drug and/or alcohol screening for a period of up to 12 months, successfully complete the prescribed treatment, remain free of drug and alcohol use, and sign an agreement consenting to said conditions. Failure to comply with these conditions of continued employment shall be cause for discharge. (b) Second Positive – During Treatment. If an employee has a first confirmed positive test under the previous paragraph A and enters a treatment program, and thereafter that employee has a subsequent confirmed positive test result while the employee is in treatment, as a result of unannounced periodic drug and/or alcohol screening, the employee shall receive a 30 shift day disciplinary suspension and shall be required to continue in treatment and comply with the other conditions of treatment as set forth in the preceding paragraph, which 30 shift day disciplinary suspension shall be final and binding on the Union and the employee and shall not be subject to the grievance procedure. Any confirmed positive test thereafter, either periodic unannounced or reasonable suspicion, shall result in the employee’s discharge, which shall be final and binding on the Union and the employee and the penalty shall not be subject to the grievance procedure of the collective bargaining agreement. (c) Second Positive – Reasonable Suspicion. An employee who has a first confirmed positive test under Paragraph A of this Section 14.9 and who subsequently has a confirmed positive test under the reasonable suspicion 333 of 921 59 standard shall be discharged, which discharge shall be final and binding on the Union and the employee and the penalty shall not be subject to the grievance procedure in the collective bargaining agreement. (d) Employment Status. There is no requirement on the part of the City to keep an employee on active employment status who is receiving treatment under this Section if it is appropriately determined (i.e., determination by an independent physician and/or appropriately certified medical and/or psychological professional) that the employee’s current use of alcohol or drugs prevents such individual from performing his duties or whose continuance on active status would constitute a direct threat to the property and safety of others. Such employee shall be afforded the opportunity to use accumulated paid leave or take an unpaid leave pending treatment. 334 of 921 60 ARTICLE XV Paramedics Section 15.1. General. In an effort to maintain a sufficient number of Paramedics for the City of Evanston, the following policy will be adopted: This policy applies to members in the Department who perform Emergency Medical Services, have secured licensure as Emergency Medical Technician/Paramedic (EMT-P) with the State of Illinois, Department of Public Health, by and through the Emergency Medical System (EMS) under which the Evanston Fire Department operates its Advanced Life Support (ALS) Service, and to members of the Department who are in the process of obtaining such licensure (provisional). A memorandum will be issued annually by the Fire Chief regarding a reasonable number of paramedics necessary for the provision of EMS services by the Evanston Fire and Life Safety Department. Section 15.2. Training. Annual required training of Paramedics and provisional members of the Evanston Paramedics Service shall normally take place on duty hours. Where training activities are scheduled at a time when a participant is not regularly scheduled to work, overtime shall be paid in accordance with the Union Contract. Paramedics may also enroll in additional educational courses and seminars offered by outside agencies to enhance their EMT-P skills; any outside training opportunities shall be procured under the guidelines as set forth in the Department’s Outside Training SOG. Section 15.3. Implementation of Staffing. Sufficient Paramedics to properly staff the Paramedic Service shall be secured from the following sources: a) Volunteer Paramedics: Firefighters hired from the provisional employment list posted on December 12, 1983 or provisional employment lists posted on earlier dates who have volunteered (or who may volunteer in the future) to secure appropriate licensure and perform as Paramedics. These Paramedics must agree to commit to participate in the service for a term of service – hereinafter referred to as a “basic commitment period” – equal to the duration of his/her existing period of licensure. Mandatory Paramedics: Firefighters hired from the provisional employment list posted on July 7, 1986 or hired after August 18, 1986. These persons shall be required as a condition of employment to attain and maintain in good standing their licensure as an EMT-P (Paramedic). 335 of 921 61 b) Drafted/Assigned Paramedics: If the Fire Chief determines there are insufficient existing Paramedics and additional Paramedics are necessary to provide Emergency Medical Services, Firefighters may be drafted/assigned to become Paramedics. Firefighters will be assigned beginning with the non- paramedic Firefighter with the least amount of seniority, in ascending order until the appropriate number of Paramedics is secured. A drafted/assigned Paramedic shall be required to participate in the EMS for one complete period of licensure, following completion of the licensing and certification requirements. Drafted/assigned Paramedics shall make their best effort to secure the required licensure and certifications. Section 15.4. Conditions for Withdrawal from Paramedic Program. a) Volunteer or Drafted/Assigned Paramedics: Members of the Department who are Volunteer or Drafted/Assigned Paramedics and who have completed their basic commitment period may request to withdraw from the program. All requests to withdraw must be made between November 1 and November 30 of each year and shall be submitted in writing to the Fire Chief. These members may be allowed to withdraw if the number of existing paramedics exceeds the number set by the Fire Chief, in descending order of seniority as a Paramedic with the Evanston Fire Department. Seniority in this case will be determined by the month and year the member becomes certified in the St. Francis System. b) Medical Withdrawal: Volunteer and Drafted/Assigned Paramedics may withdraw from the service prior to completing their basic commitment or further commitment terms or outside of the stated withdrawal terms only upon submission of satisfactory medical evidence of unsuitability for the Paramedic Service and after approval by the Fire Chief or his designee. Mandatory Paramedics who cannot continue as a Paramedic and require medical withdrawal shall seek a disability pension or are subject to termination. a) Post Withdrawal: Any paramedic allowed to withdraw from the program and remain with the Department will be required to maintain status as an EMT-B. Section 15.5. Paramedic School and Classes. (a) Failure to Pass Paramedic Class/State Test: Mandatory Paramedics will be given only one opportunity to pass the Paramedic Class, unless agreed otherwise by a committee of three which consists of the EMS Coordinator, the Division Chief EMS, and the Fire Chief. In addition, they will be given no more than three (3) opportunities to pass the State licensure test. Any Mandatory Paramedic who fails to pass the class or test based upon the criteria in this section will be subject to termination. (b) Post Class Requirements of the EMS System: Provisional paramedics must successfully complete any licensure requirements within 12 months of passing the State paramedic exam, unless an extension is recommended by a 336 of 921 62 committee of three, which consists of the EMS Coordinator, the Division Chief EMS, and the Fire Chief. (c) EMT-B Course: Failure to complete the EMT-B course within the same constraints as outlined for the Paramedic course will subject the individual to termination. Section 15.6. Liability Coverage. The City shall provide complete liability coverage for Firefighters operating within the scope of their employment as Paramedics. Section 15.7. Paramedic Preceptors. The City shall establish a Paramedic Preceptor program to provide a mentoring relationship between a paramedic student and established firefighter/paramedics. The Preceptor is to provide to the student the assistance necessary to develop the knowledge and skills to the level at which the student is capable of operating as a Paramedic in the St. Francis EMS System. a) Qualifications: Preceptors must be a firefighter/paramedic in good standing within the St. Francis EMS System, and must have a minimum of three years of such standing with the Evanston Fire Department. Preceptors must also possess the following certifications: 1) Advanced Cardiac Life Support; 2) Pediatric Advanced Life Support. b) Requirements: The preceptor must 1) complete the St. Francis EMS System preceptor orientation program, 2) meet all System and Departmental reporting and riding requirements, and 3) maintain the mentoring relationship from assignment to a student through the student’s successful completion of the State licensure exam. Selection/Payment: The Department may select preceptors from an eligible volunteer pool. The Department reserves the right to assign members as preceptors to meet its needs. Paramedics who are serving as preceptors as of March 1, 2001 will be considered as qualified for selection as a preceptor. An employee assigned to serve as a preceptor to a student for a shift will be paid 10.0% of the GP pay step hourly rate for the twenty-four hours of the shift worked. Section 15.8. Performance Improvement Measures and Critiques "PIC". No disciplinary action may be taken by the City of Evanston upon an EMT or Paramedic for any and all information brought about within the confines of the EMS Resource Hospital Request for Clarification or Performance Improvement Critique "PIC" Methods. The City maintains the right to clarify any pre-hospital care provided by an EMT or Paramedic employed by the City. However, any clarification conducted by City personnel must be concluded prior to 337 of 921 63 commencement of a Request for Clarification or "PIC" ordered by the EMS Resource Hospital and is subject to Article VI of the CBA. The results of the Request for Clarification or "PIC" Methods as dictated by the EMS Resource Hospital are for quality improvement only and are not to be punitive to the EMTs or Paramedics involved. 338 of 921 64 ARTICLE XVI Promotions Section 16.1. Promotions. Promotions to the rank of FAO, Captain, Shift Chief, and Division Chief (refer to Appendix M) shall be governed by the rules and regulations of the City of Evanston in effect as of March 1, 1991 and the Fire Department Promotion Act (50 ILCS 742) to the extent they are not inconsistent with the terms of this Article, (a copy of the Act is attached as Appendix G), or other mutual agreements between the parties under this Article. Beginning with the expiration of the 2005- 2009 promotional eligible list, the City will post new promotional eligible lists no more than three years after the posting of the prior list(s) for FAO, Fire Captain, and Shift Chief; promotional eligible lists shall last for a minimum of two years, unless exhausted. Section 16.1.1. Vacancies. This Article applies to promotions to vacancies in the ranks of Fire Apparatus Operator, Captain and Shift Chief. A vacancy shall be deemed to occur in a position on the date upon which the position is vacated, and on that same date, a vacancy shall occur in all ranks inferior to that rank, provided that the position or positions continue to be funded and authorized by the corporate authorities. If a vacated position is not filled due to a lack of funding or authorization and is subsequently reinstated, the final promotion list shall be continued in effect until all positions vacated have been filled or for a period of up to 5 years beginning from the date on which the position was vacated. In such event, the candidate or candidates who would have otherwise been promoted when the vacancy originally occurred shall be promoted. Any candidate may refuse a promotion once without losing his or her position on the final adjusted promotion list; such candidate must provide in writing his decision to refuse a promotion including the reason therefore, and submit same to the Fire Chief no later than 5 calendar days following the offer of promotion. Any candidate not following this procedure or who refuses promotion a second time shall be removed from the final adjusted promotion list, provided that such action shall not prejudice a person’s opportunities to participate in future promotion examinations. Section 16.2. Fire Apparatus Operator/Qualified Driver. Promotions to rank of Fire Apparatus Operator shall be governed by the rules and regulations of the City of Evanston in effect as of March 1, 1991 and the Fire Department Promotion Act (50 ILCS 742) to the extent they are not inconsistent with the terms of this Article, (a copy of the Act is attached as Appendix G), or other mutual agreements between the parties under this Article. The City will post new promotional eligible lists no more than three years after the posting of the prior list, for Fire Apparatus Operator; promotional eligible list shall last for a minimum of two years, unless exhausted. Obtaining the rank of Fire Apparatus Operator shall not be a requirement to promote to the next rank of Fire Captain. 339 of 921 65 In order for an employee to participate in the Fire Apparatus Operator examination, said employee shall have a minimum of three years (3) experience with the Evanston Fire Department assigned to suppression, as a firefighter or a firefighter/paramedic to test and qualify as a Fire Apparatus Operator. An employee must possess the following qualifications to participate in the examination: • State of Illinois Driver’s License Class A (Non-CDL) classification OR for members residing outside of Illinois: o A similarly waived CDL license classification as Illinois (i.e., Non- CDL Class A) OR o A driver’s license issued by his/her residency state that permits driving fire service vehicles AND that state maintains a reciprocity agreement that allows the member to operate emergency vehicles in Illinois, OR o If a member lives in a state that does not have such reciprocity agreements, he must possess a CDL commensurate with position as determined by the Fire Chief. • Illinois Office of the State Fire Marshall FAE Certificate, • Illinois Office of the State Fire Marshall Fire Service Vehicle Operator Certificate The placement of employees on promotional lists shall be based on the points achieved by the employees on promotional examinations for Fire Apparatus Operator consisting of the following components weighted as specified: Written Exam 50% Practical Exam Pass/Fail Seniority 50% All applicants that pass the practical exam and written exam (minimum passing score of 70% on each exam) will be placed on the eligibility list in rank order. In the event of tied scores, the more senior applicant will be placed ahead of the other applicant on the list. Seniority will be calculated based on months of completed service as of the close of applications. Candidates shall be awarded a maximum of fifty (50) points on the promotional examination for seniority. Candidates shall be awarded two points for each Twelve months of completed service, and thereafter, one sixth (.167) of a point for each month of completed service to the maximum of 50 points. (a) Procedure for Selection. Whenever a promotional rank is created or becomes vacant due to resignation, discharge, promotion, death, or the granting of a disability or retirement pension, or any other cause, the appointing authority shall appoint to the that position the person with the highest ranking on the final promotion list for that rank, except that the appointing authority shall have the right to pass over that person and appoint the next highest ranked person on the 340 of 921 66 list if the appointing authority has reason to conclude that the highest ranking person has demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting the person’s ability to perform the duties of the promoted rank since the posting of the promotional list. If the highest ranking person is passed over, the appointing authority shall document its reasons for its decision to select the next highest ranking person on the list. Unless the reasons for passing over the highest ranking person are not remedial, no person who is the highest ranking person on the list at the time of the vacancy shall be passed over more than once. Any dispute as to the selection of the first or second highest-ranking person shall be subject to resolution in accordance with any grievance procedure in Article 6.3 of this Agreement. In the event of a tied score, the applicant with the most seniority will be placed ahead of the other. (b) Test Components. All promotional criteria used shall have a direct bearing on the position being tested and will stress objectivity and seek to minimize the interjection of subjective considerations unrelated to performance. All promotional criteria will be job related in accordance with EEOC guidelines. Scores on each component of the exam shall be posted. Written Exam The written examination shall consist of questions which are job related and validated. Study guides and reference lists shall be made available equally to all candidates at least ninety (90) days before the date of the written examination. (1) The appointing authority may not condition eligibility to take the written examination on the candidate’s score on any of the previous components of the examination. The written examination for a particular rank shall consist of matters relating to the duties regularly performed by persons holding that rank within the department. The examination shall be based only on the contents of written materials that the appointing authority has identified and made readily available to potential examinees at least ninety (90) days before the examination is administered. The test questions and material must be pertinent to the particular rank for which the examination is being given. The written examination shall be administered after the determination and posting of the seniority list. The written examination shall be administered, the test materials opened, and the results scored and tabulated. (2) Written examinations shall be graded at the examination site on the day of the examination immediately upon completion of the test in front of the observers if such observers are appointed under Section 25 of the Fire Department Promotions Act, or if the tests are graded offsite by a bona fide testing agency, the observers (if appointed) shall witness the sealing and the shipping of the tests for grading and the subsequent opening of the scores upon the return from the testing agency. Every examinee shall have the right (i) to obtain his or her score on the examination on the day of the examination or upon the day of its return from the testing agency (or 341 of 921 67 the appointing authority shall require the testing agency to mail the individual scores to any address submitted by the candidates on the day of the examination); and (ii) to review the answers to the examination that the examiners consider correct. The appointing authority may hold a review session after the examination for the purpose of gathering feedback on the examination from the candidates. (3) A joint Labor/Management Committee shall be formed by the express purpose of assisting any outside agency in designating the job related subject matter to be tested. A sample written examination that may be examined by the appointing authority, testing agency and members of the department, but no person in the department or the appointing authority (including the Chief, Civil Service Commissioners and other appointed or elected officials) may see or examine the specific questions or the actual written examination before the examination is administered. If a sample examination is used, actual test questions shall not be included. It is a violation of this Act for any member of the department or the appointing authority to obtain or divulge foreknowledge of the contents of the written examination before it is administered. (4) Each department shall maintain reading and student materials for its current written examination and the reading list for the last two (2) written examinations or for a period of five (5) years, whichever is less, for each rank and shall make these materials available and accessible at each duty station. Practical Exam The practical examination shall consist of questions which are job related and validated. Study guides and reference lists shall be made available equally to all candidates at the same time as study material is made available for the written exam. (1) A joint Labor/Management Committee shall be formed for the express purpose of assisting any outside agency in designating the job related subject matter to be tested. (2) The practical examination shall consist of questions and scenarios relating to the duties regularly performed by persons holding that rank within the department. The examination shall be based only on the contents of study materials that the appointing authority has identified and made readily available to potential examinees at least ninety (90) days before the examination is administered. The test questions and material must be pertinent to the particular rank for which the examination is being given. (3) Practical examinations shall be graded at the examination site on the day of the examination immediately upon completion of the test in front of 342 of 921 68 the observers if such observers are appointed under Section 25 of the Fire Department Promotions Act, or if the tests are graded offsite by a bona fide testing agency, the observers (if appointed) shall witness the sealing and the shipping of the tests for grading. (4) The Practical exam will be Pass/Fail with the applicant needing 70% to pass and be placed on the eligibility list. (c) Supplemental Concepts. The parties will further agree that the promotion system shall be guided by the following principles: (1) All rating factors should be related to performance factors important to carrying out the major duties of the promotional rank. (2) Rating factors should be weighted in accordance with their relative importance in the primary duties of the promotional rank, recognizing that a FAO is responsible for the care, management, and operation of assigned fire apparatus. (3) The rating system should stress objectivity and seek to minimize the interjection of subjective considerations unrelated to performance. (4) The authority assigning the final rating should be able to account for its rating by providing reasons or examples of performance to support its conclusion. (5) Due deference should be accorded to the advice and recommendations of outside consultants who may be retained by the City to provide expert guidance in the designing and implementation of a professionally developed performance and promotional evaluation system. (d) Grievances. Any candidate may file a grievance under the grievance/arbitration procedures of this Agreement. Any such grievance must be (1) filed within 21 days of the date the City posts the promotional list; and (2) limited to a claim that the City failed to follow the promotional procedural requirements of this Article (as distinguished from a claim that the grievant disagrees with the specific promotional selection.) Assignments: Current FAOs shall be grandfathered into their rank and will not be required to participate in the testing process. There shall be a minimum of twenty one (21) Fire Apparatus Operators. An opening shall be filled with the first available candidate from the eligibility list. A candidate on the eligibility list will be known as a Qualified Driver (QD). The Department shall fill all vacancies within thirty (30) days, according to the qualified drivers list. As with other ranks, FAOs will be assigned to a particular shift. The Fire Chief or his designee may change a FAO shift assignment for a bona fide operational need of the department. Conflict with Other Programs: 343 of 921 69 FAOs can and shall be detailed as an Acting Captain according to the Acting Policy and this contract. Fire Apparatus Operator Pay. Effective upon execution of this Agreement, any FAO shall be eligible to receive a stipend as follows: Effective Date Stipend Amount January 1, 2019 - December 31, 2022 $2,000.00 ($166.67 per month) FAO Absence: When a FAO is absent due to leave time, the driver’s position should be filled with a FAO or a Qualified Driver. If a FAO or QD is not available, a FAO shall be hired back to fill the position. When there is an opening due to a FAO being absent and a FAO from another shift is working either due to a hireback or trade, the FAO will be used prior to a QD. Use of a Qualified Driver: Qualified Drivers (QD) may be used when an FAO is not available. A QD can drive either an engine or truck if he/she has both courses. If the QD has only one of the classes, that is the only vehicle that they are qualified to drive. The current method of becoming a FAO/QD shall be utilized until a formal eligibility list is established, no later than December 2013: 1. Engine: Two years of employment with the Evanston Fire Department; Fire Apparatus Engineer (FAE) state certification; completion of in-house driver training course; 2. Aerial: Three years of employment with the Evanston Fire Department; Fire apparatus Engineer (FAE) state certification; completion of in-house driver training course; completion of aerial operations class. 3. Fire Apparatus Operators shall be the most senior members who have qualified on both the engine and the truck. Fire Apparatus Operator Job Description: Under supervision, drives, operates and maintains (in accordance with his classification) fire apparatus and related firefighting equipment, engages directly in firefighting, EMS, fire prevention activities and training which are designed to protect and safeguard lives and property; assists in routine maintenance of fire stations and equipment; performs prescribed duties in any emergency so declared by the Fire Chief or his designee. A fire Apparatus Operator is responsible for the care and management of assigned fire apparatus and motor vehicles; is held strictly accountable for its condition at all times, particularly with reference to its cleanliness, good order and readiness for emergency service. 344 of 921 70 Illustrative Examples of Work: Drives fire apparatus (engine, truck, etc.) to scene of fires, emergencies and as otherwise ordered; connects and disconnects engine hose line from hydrant to pumper; operates pumper and/or aerial apparatus in fighting fires, making minor repairs and adjustments to equipment during operation; cleans associated fire equipment; tests pumper for proper operating efficiency; ensures that assigned apparatus is clean and ready for inspection daily, except as otherwise directed in emergency circumstances by superior; ensures that assigned apparatus is operated safely under all circumstances consistent with conditions; ensures that assigned tools and equipment are used only for intended purposes including work at fire and scheduled drills; maintains accountability and availability of assigned equipment; maintains fire apparatus check/status reports; performs duties of superior, may exercise direction over firefighter and less senior fire apparatus operators when so ordered. Required Knowledge, Skills and Abilities: Must be familiar with buildings, streets, fire hydrants, alarm boxes, etc.; have knowledge of the operating theory and practice of pumps, pump motors and hose lay outs; working knowledge of the rules and regulations of the Evanston Fire Department; ability to drive and operate fire apparatus and related equipment; ability to follow oral and written Instructions; ability to establish and maintain effective working relations with others; have ability to perform heavy physical labor in the lifting, moving and connecting of heavy hose sections and other equipment; skill in the operation and routine maintenance of fire apparatus and related equipment; must demonstrate proficiency in the duty of the firefighter. Accident Review Accident Prevention. An employee receiving two preventable accidents in a rolling twelve month period shall be subject to remedial training as designated by the Joint Safety Committee. The Safety Committee may null and void one preventable accident (marked against an FAO/Q D in a 12 month period) if the Safety Committee determines the accident to be minor in nature. Regardless of whether the Joint Safety Committee determines that an accident is preventable, and regardless of whether an employee is subject to remedial training as designated by the Joint Safety Committee, an employee may nevertheless be disciplined for conduct related to an accident by the Fire Chief, whose authority to discipline an employee is independent of the Joint Safety Committee’s determination. Accident Review. All accidents will be reviewed by the Joint Safety Committee established pursuant to Section 13.6. For purposes of this section, the Committee will make the determination if the accident was preventable or not preventable. (a) The Committee has the right to order specific drivers training for corrective measures. Any corrective measures are to be done on-duty and a summary of 345 of 921 71 the corrective measures will be documented by the Company Officer (prior to the end of his/her tour of duty) and placed into the employee’s training file. (b) All accidents will be reviewed within twenty-one (21) calendar days of an incident, and the employee involved will receive results within seventy-two (72) hours. An employee may appeal the decision. The appeal must be made in writing as to his/her rational for the appeal. The appeal shall be e-mailed to the Fire Chief or his designee. (c) In the event of a tie or an appeal, an appeals board, separate from the Joint Safety Committee, shall be formed within ten (10) business days consisting of a Suppression Fire Captain, F.A.O., and a Chief Officer. The Fire Chief shall choose two, and the Union President shall choose one. The Board shall meet within ten (10) business days and the employee involved will receive results within seventy-two (72) hours. If the employee is not satisfied with the results or the process, he/she has the right to file a grievance according to Article VI section 6.3 starting at step 2 within ten (10) days. Section 16.3. Fire Captain. In order for an employee to qualify for and participate in the Fire Captain examination, said employee shall have five years’ experience with the Evanston Fire Department assigned to suppression, as a firefighter or a firefighter/paramedic. For examinations beginning after January 1, 2006, employees must possess the following additional qualification to participate in the examination: possession of Fire Officer I State Certification or Fire Officer I Provisional or an Associate’s or Bachelor’s or Master’s degree in Fire Science, Fire Management or Public Safety with a fire service concentration. Such degrees must be from accredited institutions. The placement of employees on promotional lists shall be based on the points achieved by the employees on promotional examinations for Fire Captain consisting of the following four components weighted as specified: Written Test 60% Professional Achievement 15% Oral Exam 12.5% Seniority 12.5% (up to) Those applicants whose scores are the top 80% of the applicant pool will be placed on the eligibility list. In the event of tied scores, both applicants will be placed on the eligibility list with the more senior applicant being ahead of the other applicant on the list. 346 of 921 72 Seniority will be calculated based on months of completed service as of the close of applications. Candidates shall be awarded a maximum of twelve and one-half (12.5) points on the promotional examination for seniority. Candidates shall be awarded one point for each twenty-four months of completed service, and thereafter, one-twenty-fourth (.04167) of a point for each month of completed service to the maximum of 12.5 points. (a) Procedure for Selection. Whenever a promotional rank is created or becomes vacant due to resignation, discharge, promotion, death, or the granting of a disability or retirement pension, or any other cause, the appointing authority shall appoint to that position the person with the highest ranking on the final promotion list for that rank, except that the appointing authority shall have the right to pass over that person and appoint the next highest ranked person on the list if the appointing authority has reason to conclude that the highest ranking person has demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting the person’s ability to perform the duties of the promoted rank since the posting of the promotional list. If the highest ranking person is passed over, the appointing authority shall document its reasons for its decision to select the next highest ranking person on the list. Unless the reasons for passing over the highest ranking person are not remedial, no person who is the highest ranking person on the list at the time of the vacancy shall be passed over more than once. Any dispute as to the selection of the first or second highest-ranking person shall be subject to resolution in accordance with any grievance procedure in Article 6.3 of this Agreement. In the event of a tied score, the applicant with the most seniority will be placed ahead of the other. (b) Test Components. All promotional criteria used shall have a direct bearing on the position being tested and will stress objectivity and seek to minimize the interjection of subjective considerations unrelated to performance. All promotional criteria will be job related in accordance with EEOC guidelines. Scores on each component of the exam shall be posted. Total points awarded for subjective components shall be posted before the written exam is administered and before the promotion list is compiled. Written Exam. The written examination shall consist of questions which are job related and validated. Study guides and reference lists shall be made available equally to all candidates at least ninety (90) days before the date of the written examination. (1) The appointing authority may not condition eligibility to take the written examination on the candidate’s score on any of the previous components of the examination. The written examination for a particular rank shall consist of matters relating to the duties regularly performed by persons holding that rank within the department. The examination shall be based only on the contents of written materials that the appointing authority has identified and made readily available to potential examinees at least ninety 347 of 921 73 (90) days before the examination is administered. The test questions and material must be pertinent to the particular rank for which the examination is being given. The written examination shall be administered after the determination and posting of the seniority list, ascertained merit points, and subjective evaluation scores. The written examination shall be administered, the test materials opened, and the results scored and tabulated. (2) Written examinations shall be graded at the examination site on the day of the examination immediately upon completion of the test in front of the observers if such observers are appointed under Section 25, or if the tests are graded offsite by a bona fide testing agency, the observers (if appointed) shall witness the sealing and the shipping of the tests for grading and the subsequent opening of the scores upon the return from the testing agency. Every examinee shall have the right (i) to obtain his or her score on the examination on the day of the examination or upon the day of its return from the testing agency (or the appointing authority shall require the testing agency to mail the individual scores to any address submitted by the candidates on the day of the examination); and (ii) to review the answers to the examination that the examiners consider correct. The appointing authority may hold a review session after the examination for the purpose of gathering feedback on the examination from the candidates. (3) Sample written examinations may be examined by the appointing authority and members of the department, but no person in the department or the appointing authority (including the Chief, Civil Service Commissioners and other appointed or elected officials) may see or examine the specific questions or the actual written examination before the examination is administered. If a sample examination is used, actual test questions shall not be included. It is a violation of this Act for any member of the department or the appointing authority to obtain or divulge foreknowledge of the contents of the written examination before it is administered. (4) Each department shall maintain reading and study materials for its current written examination and the reading list for the last two (2) written examinations or for a period of five (5) years, whichever is less, for each rank and shall make these materials available and accessible at each duty station. Oral Exam. The oral interview shall be conducted by a panel of fire chiefs or other sworn fire professionals plus one current fire officer selected by the Union. The fire officer selected by the Union shall be limited to fire officers who have served on Fire Departments the size of Evanston or larger in the rank of Shift Chief, Battalion Chief or their equivalents or 348 of 921 74 higher. Total points for the oral exam shall be posted before the written examination is administered and before the promotion list is compiled. Professional Achievements. The following are professional achievement categories which will be used for the promotional exam. The examples given are not intended as an exhaustive list. The certificate lists shall be subject to updating at a labor/management meeting prior to the examination. The intention of this provision is to account for course names changing and new courses developing, and it is not intended for gross omissions or inclusions of categories without negotiating in good faith. When there is a logical progression of degrees, points shall only be awarded for the highest degree achieved. Candidates shall be awarded points to a maximum of fifteen (15) for professional achievements as follows: College Education: Associate’s Degree in Fire Science, Emergency Management, or related degree 3 points Bachelor’s Degree or higher in Fire Science, Emergency Management, or related degree 7 points Bachelor’s Degree in any other field 3 points Certificate of Applied Science: Fire Science 1.5 points Associate’s Degree in any other field 1.5 points Fire Officer: Fire Officer I/Company Officer 2 points Fire Officer II/Advanced Fire Officer 4 points EMS: Active EFD Paramedic Preceptor in good standing 1 point Active EFD Paramedic Preceptor in good standing that has been the lead preceptor for at least 1 preceptee during the previous 5 years from promotional application deadline. A signed Medical Officer attestation required to receive points. 349 of 921 75 2 points Active EFD CPR Instructor 1 point AHA Certificates that are NOT available during normal EFD training (i.e., PALS and ACLS): One (1.0) point awarded for certificates requiring 24 hours or more of instruction, and one-half (0.5) point awarded for certificates requiring less than 24 hours of instruction. Skill Development Courses (i.e., IFSI, Cornerstone, etc.): One (1.0) point shall be awarded for certificate of completion for every course requiring 24 hours or more. (e.g., Smoke Divers, RIT Under Fire, FAST, Engine Company Operations, Truck Company Operations, etc.) One-half (0.5) point shall be awarded for certificate of completion for each course requiring less than 24 hours to complete. (e.g., Basic Company Officer, First-In Officer, Vehicle Fire Fighting, Routine Emergencies, etc.) OSFM Certificates: One (1.0) point shall be awarded for certificate of completion for every course requiring 24 hours or more. (e.g., Fireground Company Officer School, Fire Apparatus Engineer, Advanced Firefighter, Rope Operations, Trench Technician, Hazardous Materials Technician, etc.) One-half (0.5) point shall be awarded for certificate of completion for each course requiring less than 24 hours to complete. (e.g., Technical Rescue Awareness, Fire Service Vehicle Operator, etc.) Candidates are not allowed to double count OSFM certificates that are prerequisites for OSFM Officer Certification. Example: Counting OSFM ISO or Instructor 2 and also claiming points as Fire Officer II/Advanced Fire Officer. Other: Homeland Security, Incident Command/Unified Command, NIMS 300 and 400, National Fire Academy: One (1.0) point will be awarded for each certificate of completion requiring 24 or more hours (e.g., Department of Justice Cobra classes). One-half (0.5) point will be awarded for each certificate requiring less than 24 hours. Firefighting/EMS Operations Seminars: One-half (0.5) point will be added for those classes completed with a Certificate of Completion (e.g., Norman, Brannigan). 350 of 921 76 SCUBA Certification: One point (1.0) each for PADI, NAUI, RDI, Advanced Open Water, etc. requiring 24 or more hours of instruction. One-half (0.5) point for certificates requiring less than 24 hours of instruction. Points shall be awarded for other certificates of completion that are job related as defined in this section and as determined by the joint labor management committee. Candidates can appeal for a second review by the joint labor management committee. (c) Supplemental Concepts. The parties will further agree that the promotion system shall be guided by the following principles: 1. All rating factors should be related to performance factors important to carrying out the major duties of the promotional rank. 2. Rating factors should be weighted in accordance with their relative importance in the primary duties of the promotional rank, recognizing that a Captain or Shift Chief is expected to serve as the leader of a fire company or shift. 3. The rating system should stress objectivity and seek to minimize the interjection of subjective considerations unrelated to performance. 4. The authority assigning the final rating should be able to account for its rating by providing reasons or examples of performance to support its conclusion. 5. Due deference should be accorded to the advice and recommendations of outside consultants who may be retained by the City to provide expert guidance in the designing and implementation of a professionally developed performance and promotional evaluation system. (d) Grievances. Any candidate may file a grievance under the grievance/arbitration procedures of this Agreement. Any such grievance must be (1) filed within 21 days of the date the City posts the promotional list; and (2) limited to a claim that the City failed to follow the promotional procedural requirements of this Article (as distinguished from a claim that the grievant disagrees with the specific promotional selection.) Section 16.4. Shift Chief. In order for an employee to qualify for and participate in the Shift Chief examination, said employee shall have five years’ experience with the Evanston Fire Department as a Captain assigned to suppression. Division Chiefs meeting the preceding eligibility requirement shall be allowed to participate in the Shift Chief examination (refer to Appendix M). For examinations beginning after January 1, 2006, employees must possess the following additional qualifications to participate in the examination: possession of Fire Officer II State Certification or Fire Officer II Provisional or a Bachelor’s or Master’s degree in Fire Science, 351 of 921 77 Fire Management, or Public Safety with a fire service concentration. Such degrees must be from accredited institutions. All provisions in the Section concerning “Promotions – Captain” shall be applicable to the promotion of Shift Chief except as follows: Written Test 60% Professional Achievements 15% Oral Examination 12.5% Seniority 12.5% Seniority will be calculated based on months of completed service in the rank of Captain as of the close of applications. Candidates shall be awarded a maximum of twelve and one-half (12.5) points on the promotional examination for seniority. Candidates shall be awarded one point for each twenty-four months of completed service, and thereafter, one-twenty-fourth (.04167) of a point for each month of completed service to the maximum of 12.5 points. (a) Procedure for Selection. This procedure is as described above in Section 16.3 Fire Captain, except that all qualified applicants shall be placed on the eligibility list. (b) Test Components. This procedure is as described above in Section 16.3 Fire Captain, except: (c) Professional Achievement Points. The following are professional achievement categories which will be used for the promotional exam. The examples given are not intended as an exhaustive list. The certificate lists shall be subject to updating at a labor/management meeting prior to the examination. The intention of this provision is to account for course names changing and new courses developing, and it is not intended for gross omissions or inclusions of categories without entering negotiations. When there is a logical progression of degrees, points shall only be awarded for the highest or degree achieved. Candidates shall be awarded points to a maximum of fifteen (15) for professional achievements as follows: College Education: Associate’s Degree in Fire Science, Emergency Management, or related degree 3 points Bachelor’s Degree in Fire Science, Emergency Management, or related degree 7 points Master’s Degree in Fire Science, Emergency Management, 352 of 921 78 or related degree 9 points Bachelor’s Degree in any other field 3 points Certificate of Applied Science: Fire Science 1.5 points Associate’s Degree in any other field 1.5 points Fire Officer: Fire Officer II/Advanced Fire Officer 4 points Chief Fire Officer 6 points Skill Development Courses (i.e., IFSI, Cornerstone, etc.): One (1.0) point shall be awarded for certificate of completion for every course requiring 24 hours or more related to command of multiple companies or fire personnel management. (e.g., Special Response Team Leadership, Fireground Command Officer School, etc.) One-half (0.5) point shall be awarded for certificate of completion for each course requiring less than 24 hours to complete related to command of multiple companies or fire personnel management. (e.g., Leadership Principles for the Fire Officer, First-In Officer, etc.) OSFM Certificates: One (1.0) point shall be awarded for certificate of completion for every certificate requiring 24 hours or more of instruction related to command of multiple companies or fire personnel management. (e.g., Fireground Command Officer School, Hazardous Materials Incident Command, Fire Department Incident Safety Officer, etc.) One-half (0.5) point shall be awarded for each certificate requiring less than 24 hours of instruction related to command of multiple companies or fire personnel management. Candidates are not allowed to double count OSFM certificates that are prerequisites for OSFM Officer Certification. Example: Counting OSFM ISO or Instructor 2 and also claiming points as Fire Officer II/Advanced Fire Officer. Other: Homeland Security, Incident Command/Unified Command, NIMS 300 and 400, National Fire Academy, Illinois Fire Chief’s Association: One (1.0) 353 of 921 79 point will be awarded for each class/certificate requiring 24 or more hours related to command of multiple companies or fire personnel management. One-half (0.5) point will be awarded for each class/certificate requiring less than 24 hours. Firefighting/EMS Operations Seminars: One-half (0.5) point will be added for those completed with a Certificate of Completion (e.g., Norman, Brannigan). Points shall be awarded for other certificates of completion that are job related as defined in this section and as determined by the joint labor management committee. Candidates can appeal for a second review by the joint labor management committee. (d) Oral Examination. The oral examination for Shift Chief will be conducted by a panel of Fire Chiefs or other sworn Fire professionals plus one current Fire Officer selected by the Union. The Fire Officer selected by the Union shall be limited to Fire Officers who have served on Fire Departments the size of Evanston or larger, in the rank of Shift Chief, Battalion Chief or their equivalents or higher. (e) Grievances. Any candidate may file a grievance under the grievance/arbitration procedures of this Agreement. Any such grievance must be (1) filed within 21 days of the date the City posts the promotional list; and (2) limited to a claim that the City failed to follow the promotional procedural requirements of this Article (as distinguished from a claim that the grievant disagrees with the specific promotional selection). Section 16.5. Fire Department Promotion Act. The parties agree that the following provisions of the Fire Department Promotion Act, 50 ILCS 742, shall be incorporated herein by reference into this Article: Section 5, Definitions; Section 10, Applicability; and Section 65, Violations. Section 16.6. Waiver and Agreement. Pursuant to Section 10(e) of the Fire Department Promotion Act and Section 15 of the Illinois Public Labor Relations Act, the parties specifically agree that the process for promotion to the ranks of Fire Apparatus Operator, Fire Captain and Shift Chief shall be governed solely by the provisions of this Article and that such contract provisions shall supersede and be in lieu of the provisions of the Fire Department Promotion Act and, where they conflict, the Rules and Regulations of the City of Evanston with respect to promotions. The Division Chief promotional process shall be governed by Appendix M. The parties recognize that certain provisions relating to mandatory subjects and to the prior method of handling promotions freely negotiated by the parties were compromised by the City in 354 of 921 80 consideration for agreement on the part of the Union to include provisions that modify the Fire Department Promotion Act or waive the applications of such provisions. The parties respectively acknowledge that either party may propose modifications of this Article in successor agreements beyond the 2005 successor agreement, and that such proposals may impact upon the balance established under this Article. In such event, the concessions made by either party under the terms of this Article shall not prejudice either parties’ rights to withdraw or modify such terms in regard to the negotiations of the terms of a successor article. It is further understood that the terms of this Article shall continue in effect during the period of negotiations between the parties as to the terms of a successor contract; provided that, if interest arbitration is invoked by either party and any part of this Article is in dispute, the terms and conditions of this Article which vary from the terms of the IFDPA shall not be within the jurisdiction of the arbitrator to determine without the express consent of the Union or the City, as applicable, and shall lapse upon the award of the arbitrator. Section 16.7. Military Preference Points for Promotion. A candidate on a preliminary promotion list, who is eligible for veteran's preference points under the Illinois Municipal Code, may file a written application for that preference within 10 days after the posting of the preliminary promotion list. The City of Evanston shall then make adjustments to the rank order of the preliminary promotion list based solely on any veteran's preferences awarded. The final adjusted promotion list shall then be posted. Military preference points are to be awarded based on the following criteria: A promotional candidate on the preliminary promotional list must have been engaged in active military or naval service of the United States at anytime for a period of one year, who was honorably discharged there from, who is now or who may hereafter be on inactive or reserve duty in such military or naval service. However, persons who were convicted by court-martial of disobedience of orders where such disobedience consisted in the refusal to perform military service on the grounds of alleged religious or conscientious objections against war shall be ineligible. Qualifying candidates are to receive preference points according to state statute. No person shall receive the preference for a promotional appointment granted by this Section after he/she has received one promotion from an eligibility list on which he/she was allowed such veteran's preference. Employees who are candidates for promotion to the ranks of FAO and Captain may apply to their promotional scores on both lists, any military preference points to which they are entitled under the Fire Department Promotion Act with appropriate adjustments in their ranking on each list. However, in the event such a candidate is promoted from one list, the military preference points applied on 355 of 921 81 the second list shall be deducted from his total points and his ranking reduced on the second list as applicable. The adjusted list shall then add any candidate that was originally excluded according to Section 16.3. For example, an employee who is a candidate for promotion for both FAO and Captain who has applied military preference on both lists and who is promoted to the rank of FAO shall have the military preference points credited to his points on the Captain list subtracted from his total points and his rank on the list reduced commensurate with such reduced total. 356 of 921 82 ARTICLE XVII Termination and Legality Clauses Section 17.1. Ratification and Amendment. No amendment or modification of this agreement during its term shall be effective unless reduced to writing and agreed to, ratified and signed by a representative of the Union and either the City Manager or the Human Resources Division Manager. Section 17.2. Savings. If any provision of this Agreement is subsequently declared by federal or state legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable statutes, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. Such invalidated provision(s) shall be the subject of immediate negotiations between the parties in order to attempt to negotiate a substitute provision. Section 17.3. Entire Agreement. 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. This paragraph does not waive the right to bargain over any subject or matter not referred to or covered by this Agreement which is a mandatory subject of bargaining and concerning which the City is formally proposing changing during the term of this Agreement, provided the Union, upon notification, makes a timely and proper request to bargain over the change being proposed by the City. Section 17.4. Duration and Renegotiations. This Agreement shall be in effect from January 1, 2019 to 11:59 p.m. on December 31, 2022 and from year to year thereafter unless either party gives written notice to the other party of its desire to modify or amend this Agreement on or before September 1, 2022 or any subsequent September 1. Negotiations for the new collective bargaining agreement shall begin on or about October 1, 2022 or another mutually agreeable date. During the pendency of proceedings before the arbitration panel, existing wages, hours, and other conditions of employment shall not be changed by action of either party without the consent of the other but a party may so consent without prejudice to his rights or position under the Act. The proceedings are deemed to be pending before the arbitration panel upon the initiation of arbitration procedures under the Act. 357 of 921 83 EXECUTED this __ day of ________________, after receiving approval by the City Council and after ratification by the Union membership. EVANSTON FIRE FIGHTERS ASSOC. CITY OF EVANSTON, ILLINOIS IAFF LOCAL 742 _______________________________ _____________________________ _______________________________ _____________________________ _______________________________ _______________________________ _______________________________ 358 of 921 84 APPENDIX A APPLICATION FOR UNION MEMBERSHIP AND AUTHORIZATION FOR CHECKOFF OF UNION DUES AND ASSESSMENTS I hereby apply for membership in the Evanston Fire Fighters Association, Local No. 742, International Association of Fire Fighters, AFL-CIO-CLC. I hereby authorize the City of Evanston to deduct from my pay the uniform dues and/or uniform assessments of Evanston Fire Fighters Association, Local No. 742, International Association of Fire Fighters, AFL-CIO-CLC and remit said amounts to the Union. I understand that I may cancel this application for membership and check-off authorization by giving written notice to both the City and the Union. The City requires written notice of cancellation 14 days prior to the next pay date to cease authorized dues deductions. Print Name Signature Date 359 of 921 85 APPENDIX B SALARIES Firefighter/Paramedic Annual Salaries Effective January 1, 2019 0% Increase Pay Grade Grade Step Step Rate Annual Salary 2% ed pay 4% ed pay 1% long. 3% long. 4% long. 6% long. F26 NH 22.414 $58,042.73 $1,160.85 $2,321.71 $58,623.16 $59,784.01 $60,364.44 $61,525.30 F26 NHP 24.280 $62,874.72 $1,257.49 $2,514.99 $63,503.47 $64,760.96 $65,389.71 $66,647.21 F26 A 25.402 $65,781.76 $1,315.64 $2,631.27 $66,439.57 $67,755.21 $68,413.03 $69,728.66 F26 AP 27.517 $71,258.02 $1,425.16 $2,850.32 $71,970.60 $73,395.76 $74,108.34 $75,533.50 F26 B 26.786 $69,365.24 $1,387.30 $2,774.61 $70,058.89 $71,446.20 $72,139.85 $73,527.15 F26 BP 28.901 $74,841.51 $1,496.83 $2,993.66 $75,589.92 $77,086.75 $77,835.17 $79,332.00 F26 C 29.436 $76,227.20 $1,524.54 $3,049.09 $76,989.47 $78,514.02 $79,276.29 $80,800.83 F26 CP 31.551 $81,703.47 $1,634.07 $3,268.14 $82,520.50 $84,154.57 $84,971.60 $86,605.67 F26 D 31.446 $81,433.61 $1,628.67 $3,257.34 $82,247.94 $83,876.61 $84,690.95 $86,319.62 F26 DP 33.561 $86,909.89 $1,738.20 $3,476.40 $87,778.98 $89,517.18 $90,386.28 $92,124.48 F26 E 32.243 $83,495.84 $1,669.92 $3,339.83 $84,330.80 $86,000.72 $86,835.68 $88,505.59 F26 EP 34.357 $88,972.11 $1,779.44 $3,558.88 $89,861.83 $91,641.27 $92,531.00 $94,310.44 F26 F 34.318 $88,870.45 $1,777.41 $3,554.82 $89,759.15 $91,536.56 $92,425.26 $94,202.67 F26 FP 36.433 $94,346.71 $1,886.93 $3,773.87 $95,290.18 $97,177.11 $98,120.58 $100,007.52 F26 G 35.258 $91,304.20 $1,826.08 $3,652.17 $92,217.24 $94,043.32 $94,956.36 $96,782.45 F26 GP 37.373 $96,780.47 $1,935.61 $3,871.22 $97,748.28 $99,683.89 $100,651.69 $102,587.30 Effective December 31, 2019 1% Increase Pay Grade Grade Step Step Rate Annual Salary 2% ed pay 4% ed pay 1% long. 3% long. 4% long. 6% long. F26 NH 22.638 $58,623.16 $1,172.46 $2,344.93 $59,209.39 $60,381.85 $60,968.08 $62,140.55 F26 NHP 24.523 $63,503.47 $1,270.07 $2,540.14 $64,138.51 $65,408.57 $66,043.61 $67,313.68 F26 A 25.656 $66,439.57 $1,328.79 $2,657.58 $67,103.97 $68,432.76 $69,097.16 $70,425.95 F26 AP 27.792 $71,970.60 $1,439.41 $2,878.82 $72,690.31 $74,129.72 $74,849.43 $76,288.84 F26 B 27.054 $70,058.89 $1,401.18 $2,802.36 $70,759.48 $72,160.66 $72,861.25 $74,262.43 F26 BP 29.190 $75,589.92 $1,511.80 $3,023.60 $76,345.82 $77,857.62 $78,613.52 $80,125.32 F26 C 29.730 $76,989.47 $1,539.79 $3,079.58 $77,759.37 $79,299.16 $80,069.05 $81,608.84 F26 CP 31.866 $82,520.50 $1,650.41 $3,300.82 $83,345.71 $84,996.12 $85,821.32 $87,471.73 F26 D 31.761 $82,247.94 $1,644.96 $3,289.92 $83,070.42 $84,715.38 $85,537.86 $87,182.82 F26 DP 33.897 $87,778.98 $1,755.58 $3,511.16 $88,656.77 $90,412.35 $91,290.14 $93,045.72 F26 E 32.565 $84,330.80 $1,686.62 $3,373.23 $85,174.11 $86,860.73 $87,704.03 $89,390.65 F26 EP 34.701 $89,861.83 $1,797.24 $3,594.47 $90,760.45 $92,557.69 $93,456.31 $95,253.54 F26 F 34.661 $89,759.15 $1,795.18 $3,590.37 $90,656.74 $92,451.92 $93,349.52 $95,144.70 F26 FP 36.797 $95,290.18 $1,905.80 $3,811.61 $96,243.08 $98,148.88 $99,101.79 $101,007.59 F26 G 35.611 $92,217.24 $1,844.34 $3,688.69 $93,139.41 $94,983.75 $95,905.93 $97,750.27 F26 GP 37.746 $97,748.28 $1,954.97 $3,909.93 $98,725.76 $100,680.73 $101,658.21 $103,613.18 360 of 921 86 Fire Captain Annual Salaries Effective January 1, 2019 0% Increase Pay Grade Grade Step Step Rate Annual Salary 2% ed pay 4% ed pay 1% long. 3% long. 4% long. 6% long. F31 A 31.722 $82,147.80 $1,642.96 $3,285.91 $82,969.27 $84,612.23 $85,433.71 $87,076.66 F31 AP 33.857 $87,676.78 $1,753.54 $3,507.07 $88,553.55 $90,307.08 $91,183.85 $92,937.39 F31 B 32.605 $84,434.70 $1,688.69 $3,377.39 $85,279.05 $86,967.74 $87,812.09 $89,500.78 F31 BP 34.740 $89,963.68 $1,799.27 $3,598.55 $90,863.32 $92,662.59 $93,562.23 $95,361.50 F31 C 35.913 $93,001.18 $1,860.02 $3,720.05 $93,931.20 $95,791.22 $96,721.23 $98,581.25 F31 CP 38.048 $98,530.17 $1,970.60 $3,941.21 $99,515.47 $101,486.07 $102,471.37 $104,441.98 F31 D 37.073 $96,004.78 $1,920.10 $3,840.19 $96,964.83 $98,884.93 $99,844.98 $101,765.07 F31 DP 39.208 $101,533.77 $2,030.68 $4,061.35 $102,549.11 $104,579.78 $105,595.12 $107,625.79 F31 E 38.220 $98,973.24 $1,979.46 $3,958.93 $99,962.97 $101,942.43 $102,932.17 $104,911.63 F31 EP 40.355 $104,502.22 $2,090.04 $4,180.09 $105,547.24 $107,637.29 $108,682.31 $110,772.35 F31 F 40.289 $104,331.52 $2,086.63 $4,173.26 $105,374.83 $107,461.46 $108,504.78 $110,591.41 F31 FP 42.424 $109,860.50 $2,197.21 $4,394.42 $110,959.11 $113,156.32 $114,254.92 $116,452.13 F31 G 41.396 $107,198.31 $2,143.97 $4,287.93 $108,270.29 $110,414.25 $111,486.24 $113,630.20 F31 GP 43.531 $112,727.29 $2,254.55 $4,509.09 $113,854.56 $116,109.11 $117,236.38 $119,490.93 Effective December 31, 2019 1% Increase Pay Grade Grade Step Step Rate Annual Salary 2% ed pay 4% ed pay 1% long. 3% long. 4% long. 6% long. F31 A 32.039 $82,969.27 $1,659.39 $3,318.77 $83,798.97 $85,458.35 $86,288.04 $87,947.43 F31 AP 34.196 $88,553.55 $1,771.07 $3,542.14 $89,439.08 $91,210.15 $92,095.69 $93,866.76 F31 B 32.931 $85,279.05 $1,705.58 $3,411.16 $86,131.84 $87,837.42 $88,690.21 $90,395.79 F31 BP 35.088 $90,863.32 $1,817.27 $3,634.53 $91,771.95 $93,589.22 $94,497.85 $96,315.12 F31 C 36.272 $93,931.20 $1,878.62 $3,757.25 $94,870.51 $96,749.13 $97,688.44 $99,567.07 F31 CP 38.429 $99,515.47 $1,990.31 $3,980.62 $100,510.62 $102,500.93 $103,496.09 $105,486.40 F31 D 37.444 $96,964.83 $1,939.30 $3,878.59 $97,934.48 $99,873.78 $100,843.43 $102,782.72 F31 DP 39.600 $102,549.11 $2,050.98 $4,101.96 $103,574.60 $105,625.58 $106,651.07 $108,702.05 F31 E 38.602 $99,962.97 $1,999.26 $3,998.52 $100,962.60 $102,961.86 $103,961.49 $105,960.75 F31 EP 40.758 $105,547.24 $2,110.94 $4,221.89 $106,602.72 $108,713.66 $109,769.13 $111,880.08 F31 F 40.692 $105,374.83 $2,107.50 $4,214.99 $106,428.58 $108,536.08 $109,589.83 $111,697.32 F31 FP 42.848 $110,959.11 $2,219.18 $4,438.36 $112,068.70 $114,287.88 $115,397.47 $117,616.65 F31 G 41.810 $108,270.29 $2,165.41 $4,330.81 $109,352.99 $111,518.40 $112,601.10 $114,766.51 F31 GP 43.966 $113,854.56 $2,277.09 $4,554.18 $114,993.11 $117,270.20 $118,408.74 $120,685.84 361 of 921 87 Shift Chief Annual Salaries Effective January 1, 2019 0% Increase Pay Grade Grade Step Step Rate Annual Salary 2% ed pay 4% ed pay 1% long. 3% long. 4% long. 6% long. F39 A 36.467 $94,434.58 $1,888.69 $3,777.38 $95,378.92 $97,267.61 $98,211.96 $100,100.65 F39 AP 38.602 $99,963.56 $1,999.27 $3,998.54 $100,963.20 $102,962.47 $103,962.10 $105,961.37 F39 B 37.455 $96,993.85 $1,939.88 $3,879.75 $97,963.79 $99,903.66 $100,873.60 $102,813.48 F39 BP 39.590 $102,522.83 $2,050.46 $4,100.91 $103,548.06 $105,598.52 $106,623.75 $108,674.20 F39 C 41.330 $107,027.60 $2,140.55 $4,281.10 $108,097.88 $110,238.43 $111,308.71 $113,449.26 F39 CP 43.465 $112,556.59 $2,251.13 $4,502.26 $113,682.15 $115,933.28 $117,058.85 $119,309.98 F39 D 42.621 $110,372.61 $2,207.45 $4,414.90 $111,476.33 $113,683.79 $114,787.51 $116,994.96 F39 DP 44.757 $115,901.59 $2,318.03 $4,636.06 $117,060.61 $119,378.64 $120,537.66 $122,855.69 F39 E 43.979 $113,888.32 $2,277.77 $4,555.53 $115,027.20 $117,304.96 $118,443.85 $120,721.61 F39 EP 46.114 $119,417.30 $2,388.35 $4,776.69 $120,611.47 $122,999.82 $124,193.99 $126,582.34 F39 F 46.338 $119,997.19 $2,399.94 $4,799.89 $121,197.17 $123,597.11 $124,797.08 $127,197.03 F39 FP 48.473 $125,526.18 $2,510.52 $5,021.05 $126,781.44 $129,291.96 $130,547.22 $133,057.75 F39 G 47.999 $124,297.37 $2,485.95 $4,971.89 $125,540.35 $128,026.30 $129,269.27 $131,755.22 F39 GP 50.134 $129,826.36 $2,596.53 $5,193.05 $131,124.62 $133,721.15 $135,019.41 $137,615.94 Effective December 31, 2019 1% Increase Pay Grade Grade Step Step Rate Annual Salary 2% ed pay 4% ed pay 1% long. 3% long. 4% long. 6% long. F39 A 36.832 $95,378.92 $1,907.58 $3,815.16 $96,332.71 $98,240.29 $99,194.08 $101,101.66 F39 AP 38.988 $100,963.20 $2,019.26 $4,038.53 $101,972.83 $103,992.09 $105,001.72 $107,020.99 F39 B 37.830 $97,963.79 $1,959.28 $3,918.55 $98,943.43 $100,902.70 $101,882.34 $103,841.61 F39 BP 39.986 $103,548.06 $2,070.96 $4,141.92 $104,583.54 $106,654.50 $107,689.98 $109,760.94 F39 C 41.743 $108,097.88 $2,161.96 $4,323.92 $109,178.86 $111,340.82 $112,421.79 $114,583.75 F39 CP 43.900 $113,682.15 $2,273.64 $4,547.29 $114,818.97 $117,092.62 $118,229.44 $120,503.08 F39 D 43.048 $111,476.33 $2,229.53 $4,459.05 $112,591.10 $114,820.62 $115,935.39 $118,164.91 F39 DP 45.204 $117,060.61 $2,341.21 $4,682.42 $118,231.21 $120,572.43 $121,743.03 $124,084.24 F39 E 44.419 $115,027.20 $2,300.54 $4,601.09 $116,177.47 $118,478.01 $119,628.29 $121,928.83 F39 EP 46.575 $120,611.47 $2,412.23 $4,824.46 $121,817.59 $124,229.82 $125,435.93 $127,848.16 F39 F 46.802 $121,197.17 $2,423.94 $4,847.89 $122,409.14 $124,833.08 $126,045.05 $128,469.00 F39 FP 48.958 $126,781.44 $2,535.63 $5,071.26 $128,049.25 $130,584.88 $131,852.70 $134,388.33 F39 G 48.479 $125,540.35 $2,510.81 $5,021.61 $126,795.75 $129,306.56 $130,561.96 $133,072.77 F39 GP 50.635 $131,124.62 $2,622.49 $5,244.98 $132,435.87 $135,058.36 $136,369.61 $138,992.10 362 of 921 88 Firefighter/Paramedic Annual Salaries Effective January 1, 2020 1.5% Increase Pay Grade Grade Step Step Rate Annual Salary 2% ed pay 4% ed pay 1% long. 3% long. 4% long. 6% long. F26 NH 22.977 $59,502.51 $1,190.05 $2,380.10 $60,097.53 $61,287.58 $61,882.61 $63,072.66 F26 NHP 24.890 $64,456.02 $1,289.12 $2,578.24 $65,100.58 $66,389.70 $67,034.26 $68,323.38 F26 A 26.041 $67,436.17 $1,348.72 $2,697.45 $68,110.53 $69,459.25 $70,133.61 $71,482.34 F26 AP 28.209 $73,050.16 $1,461.00 $2,922.01 $73,780.66 $75,241.67 $75,972.17 $77,433.17 F26 B 27.460 $71,109.77 $1,422.20 $2,844.39 $71,820.87 $73,243.07 $73,954.17 $75,376.36 F26 BP 29.628 $76,723.77 $1,534.48 $3,068.95 $77,491.01 $79,025.48 $79,792.72 $81,327.20 F26 C 30.176 $78,144.31 $1,562.89 $3,125.77 $78,925.76 $80,488.64 $81,270.09 $82,832.97 F26 CP 32.344 $83,758.31 $1,675.17 $3,350.33 $84,595.89 $86,271.06 $87,108.64 $88,783.81 F26 D 32.237 $83,481.66 $1,669.63 $3,339.27 $84,316.48 $85,986.11 $86,820.93 $88,490.56 F26 DP 34.405 $89,095.67 $1,781.91 $3,563.83 $89,986.63 $91,768.54 $92,659.50 $94,441.41 F26 E 33.054 $85,595.76 $1,711.92 $3,423.83 $86,451.72 $88,163.64 $89,019.59 $90,731.51 F26 EP 35.222 $91,209.76 $1,824.20 $3,648.39 $92,121.86 $93,946.05 $94,858.15 $96,682.34 F26 F 35.181 $91,105.54 $1,822.11 $3,644.22 $92,016.59 $93,838.70 $94,749.76 $96,571.87 F26 FP 37.349 $96,719.53 $1,934.39 $3,868.78 $97,686.73 $99,621.12 $100,588.31 $102,522.70 F26 G 36.145 $93,600.50 $1,872.01 $3,744.02 $94,536.50 $96,408.51 $97,344.52 $99,216.53 F26 GP 38.313 $99,214.50 $1,984.29 $3,968.58 $100,206.65 $102,190.94 $103,183.08 $105,167.37 363 of 921 89 Captain Annual Salaries Effective January 1, 2020 1.5% Increase Pay Grade Grade Step Step Rate Annual Salary 2% ed pay 4% ed pay 1% long. 3% long. 4% long. 6% long. F31 A 32.520 $84,213.81 $1,684.28 $3,368.55 $85,055.95 $86,740.23 $87,582.36 $89,266.64 F31 AP 34.709 $89,881.85 $1,797.64 $3,595.27 $90,780.67 $92,578.31 $93,477.12 $95,274.76 F31 B 33.425 $86,558.23 $1,731.16 $3,462.33 $87,423.81 $89,154.98 $90,020.56 $91,751.73 F31 BP 35.614 $92,226.27 $1,844.53 $3,689.05 $93,148.53 $94,993.06 $95,915.32 $97,759.85 F31 C 36.817 $95,340.16 $1,906.80 $3,813.61 $96,293.57 $98,200.37 $99,153.77 $101,060.57 F31 CP 39.005 $101,008.20 $2,020.16 $4,040.33 $102,018.28 $104,038.45 $105,048.53 $107,068.69 F31 D 38.006 $98,419.30 $1,968.39 $3,936.77 $99,403.50 $101,371.88 $102,356.08 $104,324.46 F31 DP 40.194 $104,087.34 $2,081.75 $4,163.49 $105,128.22 $107,209.96 $108,250.84 $110,332.58 F31 E 39.181 $101,462.41 $2,029.25 $4,058.50 $102,477.04 $104,506.29 $105,520.91 $107,550.16 F31 EP 41.369 $107,130.45 $2,142.61 $4,285.22 $108,201.76 $110,344.36 $111,415.67 $113,558.28 F31 F 41.302 $106,955.46 $2,139.11 $4,278.22 $108,025.01 $110,164.12 $111,233.67 $113,372.78 F31 FP 43.491 $112,623.49 $2,252.47 $4,504.94 $113,749.73 $116,002.20 $117,128.43 $119,380.90 F31 G 42.437 $109,894.34 $2,197.89 $4,395.77 $110,993.29 $113,191.17 $114,290.12 $116,488.00 F31 GP 44.626 $115,562.38 $2,311.25 $4,622.50 $116,718.00 $119,029.25 $120,184.88 $122,496.12 364 of 921 90 Shift Chief Annual Salaries Effective January 1, 2020 1.5% Increase Pay Grade Grade Step Step Rate Annual Salary 2% ed pay 4% ed pay 1% long. 3% long. 4% long. 6% long. F39 A 37.384 $96,809.61 $1,936.19 $3,872.38 $97,777.70 $99,713.90 $100,681.99 $102,618.18 F39 AP 39.573 $102,477.64 $2,049.55 $4,099.11 $103,502.42 $105,551.97 $106,576.75 $108,626.30 F39 B 38.397 $99,433.24 $1,988.66 $3,977.33 $100,427.58 $102,416.24 $103,410.57 $105,399.24 F39 BP 40.586 $105,101.28 $2,102.03 $4,204.05 $106,152.29 $108,254.32 $109,305.33 $111,407.36 F39 C 42.369 $109,719.35 $2,194.39 $4,388.77 $110,816.54 $113,010.93 $114,108.12 $116,302.51 F39 CP 44.558 $115,387.38 $2,307.75 $4,615.50 $116,541.26 $118,849.01 $120,002.88 $122,310.63 F39 D 43.693 $113,148.48 $2,262.97 $4,525.94 $114,279.96 $116,542.93 $117,674.42 $119,937.39 F39 DP 45.882 $118,816.52 $2,376.33 $4,752.66 $120,004.68 $122,381.01 $123,569.18 $125,945.51 F39 E 45.085 $116,752.61 $2,335.05 $4,670.10 $117,920.13 $120,255.18 $121,422.71 $123,757.76 F39 EP 47.274 $122,420.64 $2,448.41 $4,896.83 $123,644.85 $126,093.26 $127,317.47 $129,765.88 F39 F 47.504 $123,015.12 $2,460.30 $4,920.60 $124,245.27 $126,705.58 $127,935.73 $130,396.03 F39 FP 49.692 $128,683.16 $2,573.66 $5,147.33 $129,969.99 $132,543.66 $133,830.49 $136,404.15 F39 G 49.206 $127,423.45 $2,548.47 $5,096.94 $128,697.69 $131,246.16 $132,520.39 $135,068.86 F39 GP 51.395 $133,091.49 $2,661.83 $5,323.66 $134,422.41 $137,084.24 $138,415.15 $141,076.98 365 of 921 91 Firefighter/Paramedic Annual Salaries Effective January 1, 2021 2.25% Increase Pay Grade Grade Step Step Rate Annual Salary 2% ed pay 4% ed pay 1% long. 3% long. 4% long. 6% long. F26 NH 23.494 $60,841.31 $1,216.83 $2,433.65 $61,449.73 $62,666.55 $63,274.96 $64,491.79 F26 NHP 25.450 $65,906.28 $1,318.13 $2,636.25 $66,565.35 $67,883.47 $68,542.53 $69,860.66 F26 A 26.627 $68,953.48 $1,379.07 $2,758.14 $69,643.02 $71,022.08 $71,711.62 $73,090.69 F26 AP 28.844 $74,693.79 $1,493.88 $2,987.75 $75,440.73 $76,934.60 $77,681.54 $79,175.42 F26 B 28.078 $72,709.74 $1,454.19 $2,908.39 $73,436.84 $74,891.04 $75,618.13 $77,072.33 F26 BP 30.294 $78,450.05 $1,569.00 $3,138.00 $79,234.56 $80,803.56 $81,588.06 $83,157.06 F26 C 30.855 $79,902.56 $1,598.05 $3,196.10 $80,701.59 $82,299.64 $83,098.66 $84,696.71 F26 CP 33.072 $85,642.87 $1,712.86 $3,425.71 $86,499.30 $88,212.16 $89,068.58 $90,781.44 F26 D 32.963 $85,360.00 $1,707.20 $3,414.40 $86,213.60 $87,920.80 $88,774.40 $90,481.60 F26 DP 35.179 $91,100.32 $1,822.01 $3,644.01 $92,011.32 $93,833.33 $94,744.33 $96,566.34 F26 E 33.797 $87,521.67 $1,750.43 $3,500.87 $88,396.89 $90,147.32 $91,022.54 $92,772.97 F26 EP 36.014 $93,261.98 $1,865.24 $3,730.48 $94,194.60 $96,059.84 $96,992.46 $98,857.70 F26 F 35.973 $93,155.41 $1,863.11 $3,726.22 $94,086.97 $95,950.07 $96,881.63 $98,744.74 F26 FP 38.190 $98,895.72 $1,977.91 $3,955.83 $99,884.68 $101,862.59 $102,851.55 $104,829.46 F26 G 36.958 $95,706.51 $1,914.13 $3,828.26 $96,663.57 $98,577.70 $99,534.77 $101,448.90 F26 GP 39.175 $101,446.83 $2,028.94 $4,057.87 $102,461.30 $104,490.23 $105,504.70 $107,533.64 366 of 921 92 Captain Annual Salaries Effective January 1, 2021 2.25% Increase Pay Grade Grade Step Step Rate Annual Salary 2% ed pay 4% ed pay 1% long. 3% long. 4% long. 6% long. F31 A 33.252 $86,108.62 $1,722.17 $3,444.34 $86,969.71 $88,691.88 $89,552.97 $91,275.14 F31 AP 35.490 $91,904.19 $1,838.08 $3,676.17 $92,823.23 $94,661.32 $95,580.36 $97,418.44 F31 B 34.177 $88,505.79 $1,770.12 $3,540.23 $89,390.85 $91,160.97 $92,046.02 $93,816.14 F31 BP 36.415 $94,301.36 $1,886.03 $3,772.05 $95,244.37 $97,130.40 $98,073.41 $99,959.44 F31 C 37.645 $97,485.32 $1,949.71 $3,899.41 $98,460.17 $100,409.88 $101,384.73 $103,334.44 F31 CP 39.883 $103,280.89 $2,065.62 $4,131.24 $104,313.69 $106,379.31 $107,412.12 $109,477.74 F31 D 38.861 $100,633.74 $2,012.67 $4,025.35 $101,640.08 $103,652.75 $104,659.09 $106,671.76 F31 DP 41.099 $106,429.31 $2,128.59 $4,257.17 $107,493.60 $109,622.19 $110,686.48 $112,815.07 F31 E 40.062 $103,745.32 $2,074.91 $4,149.81 $104,782.77 $106,857.68 $107,895.13 $109,970.04 F31 EP 42.300 $109,540.89 $2,190.82 $4,381.64 $110,636.30 $112,827.11 $113,922.52 $116,113.34 F31 F 42.231 $109,361.95 $2,187.24 $4,374.48 $110,455.57 $112,642.81 $113,736.43 $115,923.67 F31 FP 44.469 $115,157.52 $2,303.15 $4,606.30 $116,309.10 $118,612.25 $119,763.82 $122,066.97 F31 G 43.392 $112,366.97 $2,247.34 $4,494.68 $113,490.64 $115,737.97 $116,861.64 $119,108.98 F31 GP 45.630 $118,162.53 $2,363.25 $4,726.50 $119,344.16 $121,707.41 $122,889.04 $125,252.29 367 of 921 93 Shift Chief Annual Salaries Effective January 1, 2021 2.25% Increase Pay Grade Grade Step Step Rate Annual Salary 2% ed pay 4% ed pay 1% long. 3% long. 4% long. 6% long. F39 A 38.225 $98,987.82 $1,979.76 $3,959.51 $99,977.70 $101,957.46 $102,947.34 $104,927.09 F39 AP 40.463 $104,783.39 $2,095.67 $4,191.34 $105,831.23 $107,926.89 $108,974.73 $111,070.39 F39 B 39.261 $101,670.49 $2,033.41 $4,066.82 $102,687.20 $104,720.61 $105,737.31 $107,770.72 F39 BP 41.499 $107,466.06 $2,149.32 $4,298.64 $108,540.72 $110,690.04 $111,764.70 $113,914.02 F39 C 43.323 $112,188.03 $2,243.76 $4,487.52 $113,309.91 $115,553.67 $116,675.55 $118,919.31 F39 CP 45.561 $117,983.60 $2,359.67 $4,719.34 $119,163.44 $121,523.11 $122,702.95 $125,062.62 F39 D 44.677 $115,694.32 $2,313.89 $4,627.77 $116,851.26 $119,165.15 $120,322.09 $122,635.98 F39 DP 46.915 $121,489.89 $2,429.80 $4,859.60 $122,704.79 $125,134.58 $126,349.48 $128,779.28 F39 E 46.100 $119,379.54 $2,387.59 $4,775.18 $120,573.34 $122,960.93 $124,154.72 $126,542.31 F39 EP 48.338 $125,175.11 $2,503.50 $5,007.00 $126,426.86 $128,930.36 $130,182.11 $132,685.61 F39 F 48.572 $125,782.96 $2,515.66 $5,031.32 $127,040.79 $129,556.45 $130,814.28 $133,329.94 F39 FP 50.810 $131,578.53 $2,631.57 $5,263.14 $132,894.32 $135,525.89 $136,841.67 $139,473.24 F39 G 50.313 $130,290.48 $2,605.81 $5,211.62 $131,593.39 $134,199.20 $135,502.10 $138,107.91 F39 GP 52.551 $136,086.05 $2,721.72 $5,443.44 $137,446.91 $140,168.63 $141,529.49 $144,251.21 368 of 921 94 Firefighter/Paramedic Annual Salaries Effective January 1, 2022 2.25% Increase Pay Grade Grade Step Step Rate Annual Salary 2% ed pay 4% ed pay 1% long. 3% long. 4% long. 6% long. F26 NH 24.023 $62,210.24 $1,244.20 $2,488.41 $62,832.34 $64,076.55 $64,698.65 $65,942.86 F26 NHP 26.023 $67,389.17 $1,347.78 $2,695.57 $68,063.07 $69,410.85 $70,084.74 $71,432.52 F26 A 27.226 $70,504.93 $1,410.10 $2,820.20 $71,209.98 $72,620.08 $73,325.13 $74,735.23 F26 AP 29.493 $76,374.40 $1,527.49 $3,054.98 $77,138.14 $78,665.63 $79,429.38 $80,956.86 F26 B 28.709 $74,345.71 $1,486.91 $2,973.83 $75,089.17 $76,576.09 $77,319.54 $78,806.46 F26 BP 30.976 $80,215.18 $1,604.30 $3,208.61 $81,017.33 $82,621.64 $83,423.79 $85,028.09 F26 C 31.549 $81,700.37 $1,634.01 $3,268.01 $82,517.37 $84,151.38 $84,968.38 $86,602.39 F26 CP 33.816 $87,569.83 $1,751.40 $3,502.79 $88,445.53 $90,196.93 $91,072.63 $92,824.02 F26 D 33.704 $87,280.60 $1,745.61 $3,491.22 $88,153.41 $89,899.02 $90,771.82 $92,517.44 F26 DP 35.971 $93,150.08 $1,863.00 $3,726.00 $94,081.58 $95,944.58 $96,876.08 $98,739.08 F26 E 34.558 $89,490.91 $1,789.82 $3,579.64 $90,385.82 $92,175.63 $93,070.54 $94,860.36 F26 EP 36.824 $95,360.37 $1,907.21 $3,814.41 $96,313.98 $98,221.18 $99,174.79 $101,082.00 F26 F 36.782 $95,251.41 $1,905.03 $3,810.06 $96,203.92 $98,108.95 $99,061.46 $100,966.49 F26 FP 39.049 $101,120.88 $2,022.42 $4,044.84 $102,132.08 $104,154.50 $105,165.71 $107,188.13 F26 G 37.790 $97,859.90 $1,957.20 $3,914.40 $98,838.50 $100,795.70 $101,774.30 $103,731.50 F26 GP 40.056 $103,729.38 $2,074.59 $4,149.18 $104,766.68 $106,841.26 $107,878.56 $109,953.15 369 of 921 95 Captain Annual Salaries Effective January 1, 2022 2.25% Increase Pay Grade Grade Step Step Rate Annual Salary 2% ed pay 4% ed pay 1% long. 3% long. 4% long. 6% long. F31 A 34.000 $88,046.07 $1,760.92 $3,521.84 $88,926.53 $90,687.45 $91,567.91 $93,328.83 F31 AP 36.288 $93,972.04 $1,879.44 $3,758.88 $94,911.76 $96,791.20 $97,730.92 $99,610.36 F31 B 34.946 $90,497.17 $1,809.94 $3,619.89 $91,402.14 $93,212.09 $94,117.06 $95,927.00 F31 BP 37.235 $96,423.14 $1,928.46 $3,856.93 $97,387.37 $99,315.84 $100,280.07 $102,208.53 F31 C 38.492 $99,678.74 $1,993.57 $3,987.15 $100,675.52 $102,669.10 $103,665.89 $105,659.46 F31 CP 40.780 $105,604.71 $2,112.09 $4,224.19 $106,660.75 $108,772.85 $109,828.89 $111,940.99 F31 D 39.735 $102,898.00 $2,057.96 $4,115.92 $103,926.98 $105,984.94 $107,013.92 $109,071.88 F31 DP 42.023 $108,823.97 $2,176.48 $4,352.96 $109,912.21 $112,088.69 $113,176.93 $115,353.40 F31 E 40.964 $106,079.59 $2,121.59 $4,243.18 $107,140.38 $109,261.98 $110,322.77 $112,444.36 F31 EP 43.252 $112,005.56 $2,240.11 $4,480.22 $113,125.61 $115,365.72 $116,485.78 $118,725.89 F31 F 43.181 $111,822.60 $2,236.45 $4,472.90 $112,940.82 $115,177.28 $116,295.50 $118,531.95 F31 FP 45.470 $117,748.57 $2,354.97 $4,709.94 $118,926.05 $121,281.02 $122,458.51 $124,813.48 F31 G 44.368 $114,895.22 $2,297.90 $4,595.81 $116,044.17 $118,342.08 $119,491.03 $121,788.94 F31 GP 46.656 $120,821.19 $2,416.42 $4,832.85 $122,029.40 $124,445.83 $125,654.04 $128,070.46 370 of 921 96 Shift Chief Annual Salaries Effective January 1, 2022 2.25% Increase Pay Grade Grade Step Step Rate Annual Salary 2% ed pay 4% ed pay 1% long. 3% long. 4% long. 6% long. F39 A 39.085 $101,215.05 $2,024.30 $4,048.60 $102,227.20 $104,251.50 $105,263.65 $107,287.95 F39 AP 41.374 $107,141.02 $2,142.82 $4,285.64 $108,212.43 $110,355.25 $111,426.66 $113,569.48 F39 B 40.144 $103,958.08 $2,079.16 $4,158.32 $104,997.66 $107,076.82 $108,116.40 $110,195.56 F39 BP 42.433 $109,884.05 $2,197.68 $4,395.36 $110,982.89 $113,180.57 $114,279.41 $116,477.09 F39 C 44.297 $114,712.26 $2,294.25 $4,588.49 $115,859.39 $118,153.63 $119,300.75 $121,595.00 F39 CP 46.586 $120,638.23 $2,412.76 $4,825.53 $121,844.61 $124,257.38 $125,463.76 $127,876.53 F39 D 45.682 $118,297.44 $2,365.95 $4,731.90 $119,480.42 $121,846.37 $123,029.34 $125,395.29 F39 DP 47.970 $124,223.41 $2,484.47 $4,968.94 $125,465.64 $127,950.11 $129,192.35 $131,676.82 F39 E 47.137 $122,065.58 $2,441.31 $4,882.62 $123,286.24 $125,727.55 $126,948.20 $129,389.51 F39 EP 49.425 $127,991.55 $2,559.83 $5,119.66 $129,271.46 $131,831.29 $133,111.21 $135,671.04 F39 F 49.665 $128,613.08 $2,572.26 $5,144.52 $129,899.21 $132,471.47 $133,757.60 $136,329.86 F39 FP 51.954 $134,539.05 $2,690.78 $5,381.56 $135,884.44 $138,575.22 $139,920.61 $142,611.39 F39 G 51.445 $133,222.02 $2,664.44 $5,328.88 $134,554.24 $137,218.68 $138,550.90 $141,215.34 F39 GP 53.733 $139,147.99 $2,782.96 $5,565.92 $140,539.47 $143,322.42 $144,713.90 $147,496.86 371 of 921 97 APPENDIX C SIDE LETTER OF AGREEMENT Mr. William Lynch, President Evanston Fire Fighters Association Local No. 742, IAFF, AFL-CIO-CLC Dear Mr. Lynch: This letter will confirm that the parties have agreed that existing banked vacation time of IAFF members will not be unilaterally reduced and/or modified by the City during the term of this Agreement January 1, 2019 – December 31, 2022. Very truly yours, Wally Bobkiewicz City Manager 372 of 921 98 APPENDIX D SIDE LETTER OF AGREEMENT Mr. William Lynch, President Evanston Fire Fighters Association Local No. 742, IAFF, AFL-CIO-CLC RE: Medical Officer Dear Mr. Lynch: This is to confirm that should the City reinstate usage of the rank of Medical Officer it is understood that the position of Medical Officer is included in the bargaining unit. Very truly yours, Wally Bobkiewicz City Manager 373 of 921 99 APPENDIX E SIDE LETTER OF AGREEMENT In the event that the Department wishes to reduce the number of employees TDA’d to the Fire Prevention Bureau below two either through assigning said work to civilians or contracting out, the parties shall then promptly meet and negotiate in good faith over the proposed decision and its impact and effects. If the parties fail to reach agreement, either side may invoke arbitration to resolve the dispute according to the procedure of Step 4 Arbitration of this Agreement (Section 6.2), except that the arbitration shall be an interest arbitration conducted according to the provisions of the IPLRA as applicable, and the arbitrator shall determine the dispute by applying the interest arbitration provisions of the IPLRA, and the parties’ rights during and after the arbitration shall be as provided in the IPLRA. Very truly yours, Wally Bobkiewicz City Manager 374 of 921 100 APPENDIX F SIDE LETTER OF AGREEMENT March 1, 2010 Mr. Brian Scott, President Evanston Fire Fighters Association Local No. 742, IAFF, AFL-CIO-CLC RE Recall of Laid off firefighters Dear Mr. Scott: This is to confirm that upon execution of the agreement City shall recall laid off firefighters and make whole (base pay and NOT overtime) as of August 20, 2010 forward provided the employees accept reinstatement. The City will make every good faith effort to enable the laid off firefighters to return to work as soon as possible (example: as temporary hire). Very truly yours, Wally Bobkiewicz City Manager 375 of 921 101 APPENDIX G FIRE DEPARTMENT PROMOTION ACT (50 ILCS 742/) Fire Department Promotion Act. (50 ILCS 742/1) Sec. 1. Short title. This Act may be cited as the Fire Department Promotion Act. (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/5) Sec. 5. Definitions. In this Act: "Affected department" or "department" means a full-time municipal fire department that is subject to a collective bargaining agreement or the fire department operated by a full-time fire protection district. The terms do not include fire departments operated by the State, a university, or a municipality with a population over 1,000,000 or any unit of local government other than a municipality or fire protection district. The terms also do not include a combined department that was providing both police and firefighting services on January 1, 2002. "Appointing authority" means the Board of Fire and Police Commissioners, Board of Fire Commissioners, Civil Service Commissioners, Superintendent or Department Head, Fire Protection District Board of Trustees, or other entity having the authority to administer and grant promotions in an affected department. "Promotion" means any appointment or advancement to a rank within the affected department (1) for which an examination was required before January 1, 2002; (2) that is included within a bargaining unit; or (3) that is the next rank immediately above the highest rank included within a bargaining unit, provided such rank is not the only rank between the Fire Chief and the highest rank included within the bargaining unit, or is a rank otherwise excepted under item (i), (ii), (iii), (iv), or (v) of this definition. "Promotion" does not include appointments (i) that are for fewer than 180 days; (ii) to the positions of Superintendent, Chief, or other chief executive officer; (iii) to an exclusively administrative or executive rank for which an examination is not required; (iv) to a rank that was exempted by a home rule municipality prior to January 1, 2002, provided that after the effective date of this Act no home rule municipality may exempt any future or existing ranks from the provisions of this Act; or (v) to an administrative rank immediately below the Superintendent, Chief, or other chief executive officer of an affected department, provided such rank shall not be held by more than 2 persons and there is a promoted rank immediately below it. Notwithstanding the exceptions to the definition of "promotion" set forth in items (i), (ii), (iii), (iv), and (v) of this definition, promotions shall include any appointments to ranks covered by the terms of a collective bargaining agreement in effect on the effective date of this Act. "Preliminary promotion list" means the rank order of eligible candidates established in accordance with subsection (b) of Section 20 prior to applicable 376 of 921 102 veteran's preference points. A person on the preliminary promotion list who is eligible for veteran's preference under the laws and agreements applicable to the appointing authority may file a written application for that preference within 10 days after the initial posting of the preliminary promotion list. The preference shall be calculated in accordance with Section 55 and applied as an addition to the person's total point score on the examination. The appointing authority shall make adjustments to the preliminary promotion list based on any veteran's preference claimed and the final adjusted promotion list shall then be posted by the appointing authority. "Rank" means any position within the chain of command of a fire department to which employees are regularly assigned to perform duties related to providing fire suppression, fire prevention, or emergency services. "Final adjusted promotion list" means the promotion list for the position that is in effect on the date the position is created or the vacancy occurs. If there is no final adjusted promotion list in effect for that position on that date, or if all persons on the current final adjusted promotion list for that position refuse the promotion, the affected department shall not make a permanent promotion until a new final adjusted promotion list has been prepared in accordance with this Act, but may make a temporary appointment to fill the vacancy. Temporary appointments shall not exceed 180 days. Each component of the promotional test shall be scored on a scale of 100 points. The component scores shall then be reduced by the weighting factor assigned to the component on the test and the scores of all components shall be added to produce a total score based on a scale of 100 points. (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/10) Sec. 10. Applicability. (a) This Act shall apply to all positions in an affected department, except those specifically excluded in items (i), (ii), (iii), (iv), and (v) of the definition of "promotion" in Section 5 unless such positions are covered by a collective bargaining agreement in force on the effective date of this Act. Existing promotion lists shall continue to be valid until their expiration dates, or up to a maximum of 3 years after the effective date of this Act. (b) Notwithstanding any statute, ordinance, rule, or other laws to the contrary, all promotions in an affected department to which this Act applies shall be administered in the manner provided for in this Act. Provisions of the Illinois Municipal Code, the Fire Protection District Act, municipal ordinances, or rules adopted pursuant to such authority and other laws relating to promotions in affected departments shall continue to apply to the extent they are compatible with this Act, but in the event of conflict between this Act and any other law, this Act shall control. (c) A home rule or non-home rule municipality may not administer its fire department promotion process in a manner that is inconsistent with this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois 377 of 921 103 Constitution on the concurrent exercise by home rule units of the powers and functions exercised by the State. (d) This Act is intended to serve as a minimum standard and shall be construed to authorize and not to limit: (1) An appointing authority from establishing different or supplemental promotional criteria or components, provided that the criteria are job-related and applied uniformly. (2) The right of an exclusive bargaining representative to require an employer to negotiate clauses within a collective bargaining agreement relating to conditions, criteria, or procedures for the promotion of employees to ranks, as defined in Section 5, covered by this Act. (3) The negotiation by an employer and an exclusive bargaining representative of provisions within a collective bargaining agreement to achieve affirmative action objectives, provided that such clauses are consistent with applicable law. (e) Local authorities and exclusive bargaining agents affected by this Act may agree to waive one or more of its provisions and bargain on the contents of those provisions, provided that any such waivers shall be considered permissive subjects of bargaining. (Source: P.A. 93-411, eff. 8-4-03; 94-809, eff. 5-26-06.) (50 ILCS 742/15) Sec. 15. Promotion process. (a) For the purpose of granting promotion to any rank to which this Act applies, the appointing authority shall from time to time, as necessary, administer a promotion process in accordance with this Act. (b) Eligibility requirements to participate in the promotional process may include a minimum requirement as to the length of employment, education, training, and certification in subjects and skills related to fire fighting. After the effective date of this Act, any such eligibility requirements shall be published at least one year prior to the date of the beginning of the promotional process and all members of the affected department shall be given an equal opportunity to meet those eligibility requirements. (c) All aspects of the promotion process shall be equally accessible to all eligible employees of the department. Every component of the testing and evaluation procedures shall be published to all eligible candidates when the announcement of promotional testing is made. The scores for each component of the testing and evaluation procedures shall be disclosed to each candidate as soon as practicable after the component is completed. (d) The appointing authority shall provide a separate promotional examination for each rank that is filled by promotion. All examinations for promotion shall be competitive among the members of the next lower rank who meet the established eligibility requirements and desire to submit themselves to examination. The appointing authority may employ consultants to design and administer promotion examinations or may adopt any job-related examinations or study materials that may become available, so long as they comply with the requirements of this Act. 378 of 921 104 (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/20) Sec. 20. Promotion lists. (a) For the purpose of granting a promotion to any rank to which this Act applies, the appointing authority shall from time to time, as necessary, prepare a preliminary promotion list in accordance with this Act. The preliminary promotion list shall be distributed, posted, or otherwise made conveniently available by the appointing authority to all members of the department. (b) A person's position on the preliminary promotion list shall be determined by a combination of factors which may include any of the following: (i) the person's score on the written examination for that rank, determined in accordance with Section 35; (ii) the person's seniority within the department, determined in accordance with Section 40; (iii) the person's ascertained merit, determined in accordance with Section 45; and (iv) the person's score on the subjective evaluation, determined in accordance with Section 50. Candidates shall be ranked on the list in rank order based on the highest to the lowest total points scored on all of the components of the test. Promotional components, as defined herein, shall be determined and administered in accordance with the referenced Section, unless otherwise modified or agreed to as provided by paragraph (1) or (2) of subsection (d) of Section 10. The use of physical criteria, including but not limited to fitness testing, agility testing, and medical evaluations, is specifically barred from the promotion process. (c) A person on the preliminary promotion list who is eligible for a veteran's preference under the laws and agreements applicable to the department may file a written application for that preference within 10 days after the initial posting of the preliminary promotion list. The preference shall be calculated as provided under Section 55 and added to the total score achieved by the candidate on the test. The appointing authority shall then make adjustments to the rank order of the preliminary promotion list based on any veteran's preferences awarded. The final adjusted promotion list shall then be distributed, posted, or otherwise made conveniently available by the appointing authority to all members of the department. (d) Whenever a promotional rank is created or becomes vacant due to resignation, discharge, promotion, death, or the granting of a disability or retirement pension, or any other cause, the appointing authority shall appoint to that position the person with the highest ranking on the final promotion list for that rank, except that the appointing authority shall have the right to pass over that person and appoint the next highest ranked person on the list if the appointing authority has reason to conclude that the highest ranking person has demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting the person's ability to perform the duties of the promoted rank since the posting of the promotion list. If the highest ranking person is passed over, the appointing authority shall document its reasons for its decision to select the next highest ranking person on the list. Unless the reasons for passing over the highest ranking person are not remediable, no person who is 379 of 921 105 the highest ranking person on the list at the time of the vacancy shall be passed over more than once. Any dispute as to the selection of the first or second highest-ranking person shall be subject to resolution in accordance with any grievance procedure in effect covering the employee. A vacancy shall be deemed to occur in a position on the date upon which the position is vacated, and on that same date, a vacancy shall occur in all ranks inferior to that rank, provided that the position or positions continue to be funded and authorized by the corporate authorities. If a vacated position is not filled due to a lack of funding or authorization and is subsequently reinstated, the final promotion list shall be continued in effect until all positions vacated have been filled or for a period up to 5 years beginning from the date on which the position was vacated. In such event, the candidate or candidates who would have otherwise been promoted when the vacancy originally occurred shall be promoted. Any candidate may refuse a promotion once without losing his or her position on the final adjusted promotion list. Any candidate who refuses promotion a second time shall be removed from the final adjusted promotion list, provided that such action shall not prejudice a person's opportunities to participate in future promotion examinations. (e) A final adjusted promotion list shall remain valid and unaltered for a period of not less than 2 nor more than 3 years after the date of the initial posting. Integrated lists are prohibited and when a list expires it shall be void, except as provided in subsection (d) of this Section. If a promotion list is not in effect, a successor list shall be prepared and distributed within 180 days after a vacancy, as defined in subsection (d) of this Section. (f) This Section 20 does not apply to the initial hiring list. (Source: P.A. 95-956, eff. 8-29-08.) (50 ILCS 742/25) Sec. 25. Monitoring. (a) All aspects of the promotion process, including without limitation the administration, scoring, and posting of scores for the written examination and subjective evaluation and the determination and posting of seniority and ascertained merit scores, shall be subject to monitoring and review in accordance with this Section and Sections 30 and 50. (b) Two impartial persons who are not members of the affected department shall be selected to act as observers by the exclusive bargaining agent. The appointing authorities may also select 2 additional impartial observers. (c) The observers monitoring the promotion process are authorized to be present and observe when any component of the test is administered or scored. Except as otherwise agreed to in a collective bargaining agreement, observers may not interfere with the promotion process, but shall promptly report any observed or suspected violation of the requirements of this Act or an applicable collective bargaining agreement to the appointing authority and all other affected parties. 380 of 921 106 (d) The provisions of this Section do not apply to the extent that they are inconsistent with provisions otherwise agreed to in a collective bargaining agreement. (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/30) Sec. 30. Promotion examination components. Promotion examinations that include components consisting of written examinations, seniority points, ascertained merit, or subjective evaluations shall be administered as provided in Sections 35, 40, 45 and 50. The weight, if any, that is given to any component included in a test may be set at the discretion of the appointing authority provided that such weight shall be subject to modification by the terms of any collective bargaining agreement in effect on the effective date of this Act or thereafter by negotiations between the employer and an exclusive bargaining representative. If the appointing authority establishes a minimum passing score, such score shall be announced prior to the date of the promotion process and it must be an aggregate of all components of the testing process. All candidates shall be allowed to participate in all components of the testing process irrespective of their score on any one component. The provisions of this Section do not apply to the extent that they are inconsistent with provisions otherwise agreed to in a collective bargaining agreement. (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/35) Sec. 35. Written examinations. (a) The appointing authority may not condition eligibility to take the written examination on the candidate's score on any of the previous components of the examination. The written examination for a particular rank shall consist of matters relating to the duties regularly performed by persons holding that rank within the department. The examination shall be based only on the contents of written materials that the appointing authority has identified and made readily available to potential examinees at least 90 days before the examination is administered. The test questions and material must be pertinent to the particular rank for which the examination is being given. The written examination shall be administered after the determination and posting of the seniority list, ascertained merit points, and subjective evaluation scores. The written examination shall be administered, the test materials opened, and the results scored and tabulated. (b) Written examinations shall be graded at the examination site on the day of the examination immediately upon completion of the test in front of the observers if such observers are appointed under Section 25, or if the tests are graded offsite by a bona fide testing agency, the observers shall witness the sealing and the shipping of the tests for grading and the subsequent opening of the scores upon the return from the testing agency. Every examinee shall have the right (i) to obtain his or her score on the examination on the day of the examination or upon the day of its return from the testing agency (or the appointing authority shall require the testing agency to mail the individual scores to any address 381 of 921 107 submitted by the candidates on the day of the examination); and (ii) to review the answers to the examination that the examiners consider correct. The appointing authority may hold a review session after the examination for the purpose of gathering feedback on the examination from the candidates. The review sessions shall be at no cost to the candidates. (c) Sample written examinations may be examined by the appointing authority and members of the department, but no person in the department or the appointing authority (including the Chief, Civil Service Commissioners, Board of Fire and Police Commissioners, Board of Fire Commissioners, or Fire Protection District Board of Trustees and other appointed or elected officials) may see or examine the specific questions on the actual written examination before the examination is administered. If a sample examination is used, actual test questions shall not be included. It is a violation of this Act for any member of the department or the appointing authority to obtain or divulge foreknowledge of the contents of the written examination before it is administered. (d) Each department shall maintain reading and study materials for its current written examination and the reading list for the last 2 written examinations or for a period of 5 years, whichever is less, for each rank and shall make these materials available and accessible at each duty station. (e) The provisions of this Section do not apply to the extent that they are in conflict with provisions otherwise agreed to in a collective bargaining agreement. (Source: P.A. 97-352, eff. 8-12-11.) (50 ILCS 742/40) Sec. 40. Seniority points. (a) Seniority points shall be based only upon service with the affected department and shall be calculated as of the date of the written examination. The weight of this component and its computation shall be determined by the appointing authority or through a collective bargaining agreement. (b) A seniority list shall be posted before the written examination is given and before the preliminary promotion list is compiled. The seniority list shall include the seniority date, any breaks in service, the total number of eligible years, and the number of seniority points. (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/45) Sec. 45. Ascertained merit. (a) The promotion test may include points for ascertained merit. Ascertained merit points may be awarded for education, training, and certification in subjects and skills related to the fire service. The basis for granting ascertained merit points, after the effective date of this Act, shall be published at least one year prior to the date ascertained merit points are awarded and all persons eligible to compete for promotion shall be given an equal opportunity to obtain ascertained merit points unless otherwise agreed to in a collective bargaining agreement. (b) Total points awarded for ascertained merit shall be posted before the written examination is administered and before the promotion list is compiled. 382 of 921 108 (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/50) Sec. 50. Subjective evaluation. (a) A promotion test may include subjective evaluation components. Subjective evaluations may include an oral interview, tactical evaluation, performance evaluation, or other component based on subjective evaluation of the examinee. The methods used for subjective evaluations may include using any employee assessment centers, evaluation systems, chief's points, or other methods. (b) Any subjective component shall be identified to all candidates prior to its application, be job-related, and be applied uniformly to all candidates. Every examinee shall have the right to documentation of his or her score on the subjective component upon the completion of the subjective examination component or its application. A designated representative of the contracting union party shall be notified and be entitled to be present to monitor any preliminary meeting between certified assessors or representatives of a testing agency and representatives of the appointing authority held prior to the administration of the test to candidates for promotion. (c) Where chief's points or other subjective methods are employed that are not amenable to monitoring, monitors shall not be required, but any disputes as to the results of such methods shall be subject to resolution in accordance with any collectively bargained grievance procedure in effect at the time of the test. (d) Where performance evaluations are used as a basis for promotions, they shall be given annually and made readily available to each candidate for review and they shall include any disagreement or documentation the employee provides to refute or contest the evaluation. These annual evaluations are not subject to grievance procedures, unless used for points in the promotion process. (e) Total points awarded for subjective components shall be posted before the written examination is administered and before the promotion list is compiled. (f) Persons selected to grade candidates for promotion during an assessment center process shall be impartial professionals who have undergone training to be certified assessors. The training and certification requirements shall, at a minimum, provide that, to obtain and maintain certification, assessors shall complete a course of basic training, subscribe to a code of ethical conduct, complete continuing education, and satisfy minimum activity levels. (g) The standards for certification shall be established by a Joint Labor and Management Committee (JLMC) composed of 4 members: 2 designated by a statewide association whose membership is predominantly fire chiefs representing management interests of the Illinois fire service, and 2 designated by a statewide labor organization that is a representative of sworn or commissioned firefighters in Illinois. Members may serve terms of one year subject to reappointment. For the purposes of this Section, the term "statewide labor organization" has the meaning ascribed to it in Section 10-3-12 of the Illinois Municipal Code. In developing certification standards the JLMC may seek the advice and counsel of professionals and experts and may appoint an advisory committee. 383 of 921 109 The JLMC may charge reasonable fees that are related to the costs of administering authorized programs and conducting classes, including without limitation the costs of monitoring programs and classes, to the following: (i) applicants for certifications or recertifications, (ii) recipients of certifications or recertifications, and (iii) individuals and entities approved by the JLMC to conduct programs or classes. The JLMC's initial certification standards shall be submitted to the Office of the State Fire Marshal by January 1, 2009. The JLMC may provisionally certify persons who have prior experience as assessors on promotional examinations in the fire service. Effective January 1, 2010 only those persons who meet the certification standards developed by the JLMC and submitted to the Office of the State Fire Marshal may be selected to grade candidates on a subjective component of a promotional examination conducted under the authority of this Act; provided this requirement shall be waived for persons employed or appointed by the jurisdiction administering the examination. The JLMC shall annually: (1) issue public notice offering persons who are interested in qualifying as certified assessors the opportunity to enroll in training; and (2) submit to the Office of the State Fire Marshal an amended list of persons who remain certified, are newly certified, or who are no longer certified. (h) The Office of the State Fire Marshal shall support the program by adopting certification standards based on those submitted by the JLMC and by establishing a roster of certified assessors composed of persons certified by the JLMC. If the parties have not agreed to contract with a particular testing company to provide certified assessors, either party may request the Office to provide the names of certified assessors. Within 7 days after receiving a request from either party for a list of certified assessors, the Office shall select at random from the roster of certified assessors a panel numbering not less than 2 times the number of assessors required. The parties shall augment the number by a factor of 50% by designating assessors who may serve as alternates to the primary assessors. The parties shall select assessors from the list or lists provided by the Office or from the panel obtained by the testing company as provided above. Within 7 days following the receipt of the list, the parties shall notify the Office of the assessors they have selected. Unless the parties agree on an alternate selection procedure, they shall alternatively strike names from the list provided by the Office until only the number of required assessors remain. A coin toss shall determine which party strikes the first name. If the parties fail to notify the Office in a timely manner of their selection of assessors, the Office shall appoint the assessors required from the roster of certified assessors. In the event an assessor is not able to participate in the assessment center process for which he was selected, either of the parties involved in the promotion process may request that additional names of certified assessors be provided by the Office. (Source: P.A. 97-174, eff. 7-22-11.) (50 ILCS 742/55) 384 of 921 110 Sec. 55. Veterans' preference. A person on a preliminary promotion list who is eligible for veteran's preference under any law or agreement applicable to an affected department may file a written application for that preference within 10 days after the initial posting of the preliminary promotion list. The veteran's preference shall be calculated as provided in the applicable law and added to the applicant's total score on the preliminary promotion list. Any person who has received a promotion from a promotion list on which his or her position was adjusted for veteran's preference, under this Act or any other law, shall not be eligible for any subsequent veteran's preference under this Act. (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/60) Sec. 60. Right to review. Any affected person or party who believes that an error has been made with respect to eligibility to take an examination, examination result, placement or position on a promotion list, or veteran's preference shall be entitled to a review of the matter by the appointing authority or as otherwise provided by law. (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/65) Sec. 65. Violations. (a) A person who knowingly divulges or receives test questions or answers before a written examination, or otherwise knowingly violates or subverts any requirement of this Act commits a violation of this Act and may be subject to charges for official misconduct. (b) A person who is the knowing recipient of test information in advance of the examination shall be disqualified from the promotion examination or demoted from the rank to which he was promoted, as applicable and otherwise subjected to disciplinary actions. (Source: P.A. 93-411, eff. 8-4-03.) (50 ILCS 742/900) Sec. 900. (Amendatory provisions; text omitted). (Source: P.A. 93-411, eff. 8-4-03; text omitted.) (50 ILCS 742/999) Sec. 999. Effective date. This Act takes effect upon becoming law. (Source: P.A. 93-411, eff. 8-4-03.) 385 of 921 111 APPENDIX H PLANS PARTICIPATION AGREEMENT 386 of 921 112 387 of 921 113 388 of 921 114 APPENDIX I RETURN TO SHIFT/EXEMPT POSITIONS 389 of 921 115 APPENDIX J INCIDENT COMMAND MINIMUM QUALIFICATIONS 390 of 921 116 APPENDIX K DIVISION CHIEF RESPONSE TO ALARMS 391 of 921 117 APPENDIX L PERSONNEL RULES / WORKERS’ COMPENSATION 392 of 921 118 393 of 921 119 394 of 921 120 395 of 921 121 396 of 921 122 APPENDIX M DIVISION CHIEF MEMORANDUM OF UNDERSTANDING 397 of 921 123 398 of 921 124 399 of 921 125 400 of 921 126 401 of 921 127 402 of 921 128 403 of 921 129 404 of 921 130 405 of 921 131 406 of 921 132 407 of 921 133 408 of 921 134 409 of 921 For City Council Meeting of April 8, 2019 Item A20 Business of the City by Motion: Great Merchant Grant – Hill Arts Request For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Paul Zalmezak, Economic Development Division Manager Paulina Martínez, Assistant to the City Manager Katie Boden, Economic Development Specialist Subject: Evanston Great Merchant Grant Program – Hill Arts Request Date: April 2, 2019 Recommended Action: Staff recommends City Council approval to provide financial assistance through the Great Merchants Grant Program to the Hill Arts Business Association (Hill Arts) for an amount not to exceed $6,325.00. Funding Source: Staff recommends utilizing the Economic Development Business District Improvement Program (Account 100.21.5300.65522). The approved 2019 Fiscal Year Budget allocated $150,000 to this account. To date, $10,841.89 has been spent from this account, leaving $139,158.11 available for expenditure. Summary: Staff received a total of eight applications requesting funding for services through the Evanston Great Merchants Grant program totaling $51,443. These requests were presented to the Economic Development Committee on February 27, 2019. At this meeting, the Hill Arts District was approved for $3,600 for planters throughout the district. Hill Arts is requesting funding for maintenance and improvements of the Generations Sculpture and the Dr. Hill Memorial Garden, which is located at the intersection of Noyes, Green Bay, and Ashland. Quotes are summarized below. Memorandum 410 of 921 2 Dr. Hill Memorial Garden and Generations Sculpture Discussion: Evanston’s Great Merchants Grant Program is designed to provide small grants, ranging up to $10,000 to Evanston’s small business/merchant associations to pursue projects that address at least one of three core areas: Enhancement of Physical Environment, Neighborhood Promotion, and Technical Assistance. The funding recommendations in this request vary by business district as each district has individual priorities. Attachments Quotes Vendor Address Description Quote Greenwise 1817 Church St., Evanston, IL 60201 Garden plantings 3,971.20$ Greenwise 1817 Church St., Evanston, IL 60201 Garden maintenance 2,875.00$ Nature's Perspective 2000 Greenleaf St., Evanston, IL 60202 Garden plantings 2,885.24$ Nature's Perspective 2000 Greenleaf St., Evanston, IL 60202 Garden maintenance 1,600.00$ Herrera Landcape 8836 Linconwood Dr., Evanston, IL 60203 Garden plantings 2,950.00$ Herrera Landcape 8836 Linconwood Dr., Evanston, IL 60203 Garden maintenance 2,220.00$ Kaybre Construction Services, Inc.8909 Central Park Ave., Evanston, IL 60203 Sculpture maintenance 1,175.00$ Renaissance Realty & Construction P.O. Box 6094, Evanston, IL 60204 Sculpture maintenance 975.00$ Prof Painting 705 Hinman, Evanston, IL 60202 Sculpture maintenance 1,050.00$ 411 of 921 GARDEN IMPROVEMENTS 3,971.20$ Scope: 1 -Sedum forsterianum 24FLAT 5 -Pennisetum alopecuroides 'Hameln' #1 1 -Prairie Crabapple 2.0" - Crab, 'Fimbriata' 2.0" 7 -Rudbeckia fulgida 'Goldsturm' #1 7 -Echinacea 'Magnus' #1 7 -Salvia nemorosa 'May Night' #1 12 -Hosta 'Blue Angel' #1 3 -Juniperus chinensis 'Kallay's Compact' #5 5 -Pennisetum alopecuroides 'Hameln' #1 3 EA Eden Outcropping Stones, 6"-10" thick, approx 2'x3' each 1 CY Compost to amend soil 2 CY Hardwood Mulch to topdress disturbed areas PROJECT TOTAL 3,971.20$ Greenwise Organic Lawn Care 1817 Church Street Evanston, IL 60201 Phone: 847-866-1930 email: info@iamgreenwise.com www.iamgreenwise.com Proposal and Contract of Landscape Services Hill Arts Garden; Paula Martinez Green Bay & Ashland Evanston, IL Project Bid Proposal: The following costs are estimates only for materials, labor, delivery, and disposal associated with the scope of work described in this proposal. Date:2/27/2019 Project #:9037-19-01 Hill Arts Garden Proposal 2019.02.27 2/27/2019 - Page 1 of 4412 of 921 Greenwise Organic Lawn Care 1817 Church Street Evanston, IL 60201 Phone: 847-866-1930 email: info@iamgreenwise.com www.iamgreenwise.com LANDSCAPE CONSTRUCTION CONTRACT This agreement between the home owner, herein referred to as "owner", and Brick Street Partners, LLC (D.B.A. Greenwise Organic Lawncare), herein referred to as "contractor", in consideration of the mutual covenants hereinafter set forth, agree as follows: SECTION ONE: STRUCTURE AND SITE Contractor shall furnish all labor and materials necessary to construct and install all specified line items contained in the above Project Bid Proposal, upon the following described property, which owner warrants he/she owns, free and clear of liens and encumbrances. SECTION TWO: PLANS Contractor shall construct the landscape in conformance with the plans and specifications associated with the Project Bid Proposal, and will do so in a workmanlike manner. Plans and specifications referenced are dated [N/A]. Contractor is not responsible for furnishing any improvements other than the proposed landscaping unless they are specifically stated in the Project Bid Proposal or added in a signed Change Order in which a pre-work deposit has been paid in full. This proposal and contract supersedes the drawings. Any concealed contingencies will be addressed with the client and a change order will be required for additional costs incurred before work will continue. SECTION THREE: PAYMENT Owner shall pay contractor a percentage of the Project Bid Proposal in order to act as a deposit. This deposit will be required in order to begin any and all work proposed in the Project Bid Proposal. See payment schedule on last page of this document for details. Final payment is due upon project completion. Any changes to the proposal will be adjusted and collected upon project completion. In the event any installment is not paid within thirty (30) days after it is due, the balance will be subject to a 1.5% compounding interest charge. Contractor may take such action as necessary, including legal proceedings, to enforce its rights hereunder. SECTION FOUR: RESPONSIBILITY Contractor shall not be responsible for claims arising out of improper placement or positioning of boundary stakes or house stakes; nor shall contractor be responsible for damages to persons or property occasioned by owner or his agents, third parties, acts of God or other causes beyond contractor's control. Owner shall hold contractor completely harmless from, and shall indemnify contractor for all costs, damages, losses, and expenses, including judgments and attorney's fees resulting from claims enumerated in this paragraph. SECTION FIVE: POSSESSION Owner shall not have possession of the landscape materials until such time as all payments or other obligations required of them as set forth in this agreement have been fully paid or performed by them. Hill Arts Garden Proposal 2019.02.27 2/27/2019 - Page 2 of 4413 of 921 Greenwise Organic Lawn Care 1817 Church Street Evanston, IL 60201 Phone: 847-866-1930 email: info@iamgreenwise.com www.iamgreenwise.com SECTION SIX: WARRANTY Contractor agrees to warranty terms as follow: 1. The above hardscape work for three (3) years from completion unless otherwise specified in writing. This warranty holds the contractor responsible for failure of workmanship and product. Warrantied hardscape will be repaired or replaced in a timely manner by the contractor. 2. All woody plant material for one year from installation. 3. Herbaceous perennials and groundcovers will be covered for 1 year from installation if client contracts with Greenwise for a Garden Maintenance Program with a minimum of one visit per month during the growing season. 4. Seasonal Annuals are not covered. Plant material qualifies for replacement if the plant completely dies within the one year warranty period, or in the instance of partial death or decline, at the discretion of the contractor. Plant material will be replaced with the same or similar size and type of plant or equivalent plant based on availability. The contractor shall not be held responsible for damages occasioned by owner or his agents, pests and rodents, third parties, acts of God, or other causes beyond the contractor's control, such as lack of water or neglect. Owner shall hold contractor completely harmless from, and shall indemnify contractor for all costs, damages, losses, and expenses, including judgments and attorney's fees resulting from claims arising from causes enumerated in this paragraph. SECTION SEVEN: GENERAL PROVISIONS Owner agrees to promptly complete the necessary requirements to obtain financing and to prepare the site for construction. There are no understandings or agreements between contractor and owner other than those set forth in this agreement and in the documents referred to in Sections Two and Three. No other statement, representation or promise has been made to induce either party to enter into this agreement. This agreement and the documents referred to in Sections Two and Three may not be modified or amended except by written agreement of the parties. In witness whereof, the parties have executed this agreement the day and year as signed below. SECTION EIGHT: PERMITS Upon request, contractor will assist the owner in acquiring all necessary permits for work included in this contract. Time to prepare the permit application and permit fees will be billed separately and are not included in the scope of this contract. SECTION NINE: TERMS/LIMITS Pricing is valid for seven (30) days from date of contract. Hill Arts Garden Proposal 2019.02.27 2/27/2019 - Page 3 of 4414 of 921 Greenwise Organic Lawn Care 1817 Church Street Evanston, IL 60201 Phone: 847-866-1930 email: info@iamgreenwise.com www.iamgreenwise.com SECTION TEN: AUTHORIZATION Owner: __________________________________________________________________________________________ Date: ___________________________ Home Owner Contractor: __________________________________________________________________________________________ Date: ___________________________ Brick Street Partners, LLC (D.B.A. Greenwise Organic Lawn Care) PAYMENT SCHEDULE: First 50% deposit due upon acceptance of proposal. Final balance due upon project completion. Hill Arts Garden Proposal 2019.02.27 2/27/2019 - Page 4 of 4415 of 921 Greenwise Organic Lawncare, LLC 1817 Church Street Evanston, IL 60201 Phone: 847-866-1930 email: info@iamgreenwise.com www.iamgreenwise.com Proposal for Maintenance & Horticultural Services Hill Arts Garden Date: 2/25/2019 Attn: Paula Martinez Care of John Leinweber 847-602-4282john.leineweber@gmail.com Garden Maintenance Program $2,000.00 Approve____ Mulch Services $875.00 Approve____ Program Total $2,875.00 AUTHORIZATION: Owner:Date: Contractor:Date: Install 7 Cubic Yards of mulch Greenwise Maintenance Services We will keep your gardens in peak condition as we weed garden beds, thin,divide,dead-head,or transplant perennials, and maintain groundcover. Premium, dark, hardwood mulch helps suppress weeds, retains water, and improves appearance of planting beds. April-November. Includes Perennial cutbacks in Spring,weeding throughout season,garbage and leaf debris pickup throughout the year. Every 2 weeks, $125/visit -16 visits total. Greenwise Organic Lawncare, LLC 416 of 921 Greenwise Organic Lawncare, LLC 1817 Church Street Evanston, IL 60201 Phone: 847-866-1930 email: info@iamgreenwise.com www.iamgreenwise.com Greenwise is a Mindset Our Services Brick,Paver,and Natural Stone Installation:Our construction team builds driveways,patios,pathways,and walls out of your choice of materials. We install many permeable paver projects which resolve drainage issues and reduce ice build up. Snow Removal:Our 24-hour snow removal service is there for you in the worst conditions to see you safely through winter.We apply ice melt that is safer for vegetation and less corrosive than traditional rock salt. Landscape Maintenance:Our mowers run on propane and our blowers are low decibel and EPA certified.We are committed to providing a beautiful lawn with low impact landscape practices. Landscape Design:Our design team emphasizes resource conservation and native plantings while designing elegant landscapes.Each landscape is unique,a nd we provide a design process to help us see your vision for your landscape and ensure that your project is exactly what you want it to be. Your Landscape Is Our Top Priority Greenwise Cares Greenwise opened its doors in the Evanston community in 2007 and has since established our reputation as the leading sustainable landscape company in the greater Chicago area. Greenwise believes in beautiful landscapes that sustain you as well as the life around you.Your landscape is an opportunity for you to enjoy the natural world,relax,and find sanctuary.Your garden can be your solitude, your entertainment,and your connection to the vibrancy of life.This means that a quality landscape should not come at the expense of your health,but contribute to it.A high quality landscape does not pollute the environment, it supports clean water, soil, and air. Greenwise not only provides the very best of landscaping services,we make landscapes that improve the environment and are safe for you and your family to enjoy year round.Toxic landscape practices are outdated and over prescribed.It is our goal to lead the landscape industry into an era where sustainable practices are a priority.We do this with a very experienced and professional team of landscape architects, designers and horticulturists dedicated to creating a better way to manage your outdoor environment.We offer a variety of services,but most importantly we offer our professional expertise.Our services can be customized so that your landscape is cared for exactly the way that you like it. We are at your service and happy to help you achieve your goals. Together, we can create a more beautiful world. At the heart of each day of work at Greenwise are our values.First and foremost, we value you.We are dedicated to providing you excellent service at an affordable price. We value offering the best service,which is not only very effective,but also improves the health of your landscape. We value quality, and without it an environmental approach loses its integrity.The choice to have a landscape that improves our world is not a compromise,it is a bonus.We commit to endorsing only the best products and services on the market:those that are safe, practical, and effective. As such, we are here for you, for the environment, and for a world where there is no distinction between the two. Organic Lawn Care: Safe, effective and affordable - our lawn care program offers the very best option for a healthy green lawn. RENEWALS:All programs will automatically renew at the same service level for the following season unless client contacts Greenwise to modify the program or cancel services. PAYMENT SCHEDULE:Discounts may be available if program is paid for in full, in advance.Otherwise,balances are due upon receipt of invoices or statements. Automatic credit card programs and on-line bill pay are available. 417 of 921 Greenwise Organic Lawncare, LLC 1817 Church Street Evanston, IL 60201 Phone: 847-866-1930 email: info@iamgreenwise.com www.iamgreenwise.com Greenwise is a mindset. It’s a choice. It’s a way of being. Greenwise is here to change the world.It is a path where sustainability,renewable resources,and alternate technology are foremost priorities. The option to be thoughtful of the health and vitality of our environment is here for the taking. By choosing Greenwise, you are green-wise. This world is complex and the choices are many;let us provide common sense alternatives that protect and foster the ground we walk on, the air we breathe, and the people and animals we love.We commit to endorsing only the best products and services on the market:those that are safe,practical,and effective.As such,we are here for you,for the environment, and for a world where there is no distinction between the two. It’s your world, it’s your family, it’s your choice. Be wise. Greenwise. 418 of 921 Greenwise Organic Lawncare, LLC 1817 Church Street Evanston, IL 60201 Phone: 847-866-1930 email: info@iamgreenwise.com www.iamgreenwise.com Commitment to Excellence Late Spring:Prune out dead stems and branches from shrubs and perennials,weed beds,trim groundcover as needed,clean up bulb foliage as it becomes dormant, prune flowering shrubs after blooming, prune confiers as needed, redefine bedlines,clear off hard surfaces,pick up trash and debris. 1. If debris exceeds budgeted amount, excess will be invoiced at the rate of $40/CY. 2. If extra visits or special projects are needed, they will be invoiced on a time and materials basis and a special proposal will be drawn up. 3. Any discrepancies should be discussed with the horticulture manager or office department of Greenwise for resolution. Notes: Early Summer: Weed beds, trim groundcover as needed, clean up bulb foliage as it becomes dormant, prune flowering shrubs after blooming, prune conifers as needed, redefine bedlines,groom perennials,assess if Plant Health Care is necessary,prune out suckers from trees and shrubs as they sprout, light pruning to maintain shape, clear off hard surfaces, pick up trash and debris. Mid Summer:Weed beds, redefine bedlines,groom perennials,assess if Plant Health Care is necessary,prune out suckers from trees and shrubs as they sprout,light pruning to maintain shape (especially conifers and burning bushes),clear off hard surfaces,pick up trash and debris. Early Spring:Prune out dead stems and branches from shrubs and perennials,weed beds,fertilize beds,trim groundcover as needed,remove dead shrubs,clean up bulb foliage as it becomes dormant, prune flowering shrubs after blooming, prune conifers as needed, redefine bedlines, clear off hard surfaces, pick up trash and debris. Late Summer/Early Fall:Weed beds, redefine bedlines,groom perennials,light pruning to maintain shape (especially confiers and burning bushes), clear off hard surfaces, pick up trash and debris. Description of Seasonal Garden Tasks General Description of Program:Horticulture crews are supervised by an experienced horticulurist and tasks are implemented by trained technicians. All tasks are performed to maximize the health and beauty of the plants. We at Greenwise appreciate the trust and faith you put in us as your landscape provider.We understand that there are many options for landscaping services and that we must earn your trust through the integrity of our work.We believe in offering you services of great value and quality, and thus we stand behind our work with our Commitment to Excellence. You deserve a job well done, that is not only functional yet beautiful, and that is not only safe for your family,yet good for the environment. Our team of professionals is committed to bringing you the highest standard of service.From landscape design and installation,to sustainable landscape maintenance, organic lawn care, and snow removal you can rest assured that we stand behind our Commitment to Excellence. You are protected by this Commitment to Excellence.If the job is not completed to the standard you expect from Greenwise,we will assess the work,resolve the issue,and make sure that you are satisfied.We are committed to not only doing a great job for you today,yet also ten years from now.You have enough to worry about in managing your property and therefore we commit not just to installation yet to sustaining into the future.We hope to create an experience that allows you enjoy the fresh air and experience the beauty of your landscape for many years to come. This is our commitment to you, this is our Commitment to Excellence. Learn more at www.iamgreenwise.com. 419 of 921 Page 1 LANDSCAPE SNOW REMOVAL, INC. 8836 Lincolnwood Dr., Evanston, IL 60203 Office: (847) 679-5622 Email: herreralandscapeinc@gmail.com DATE: 02/28/2019 SUBMITTED TO: City of Evanston Economic Development Department Attn: Paulina Martinez Care of: John Leineweber PROJECT LOCATION: The Hill Arts District Memorial Garden Evanston, IL 2019 Landscape/Hardscape Enhancement Proposal * All labor, equipment and material for the performance of all landscape/hardscape services as provided herein for all landscape/hardscape areas within the property as outlined on this document and in accordance with generally accepted industry standards and practices. Description of Work For this job, Herrera Landscape Snow Removal, Inc. will be performing the following work and/or installing the following features: Mulching:  Mulch all beds on site in Spring -$800.00 Extras:  Install 3 boulders on the North Corner - $650.00  Install 3-30" Aronia Inkberry Shrubs - $260.00  Install 8- Sea Juniper around memorial sign - $480.00  Install 12 - Big Blue Hostas to fill in gaps - $260.00  Replacement Planting up to 20 - 1 Gallon Perennials - $500.00 420 of 921 Page 2 Payment Client agrees to pay Herrera Landscape Snow Removal, Inc. according to the following payment plan: Payments, which may be made by check, Visa, MasterCard, Discover, or American Express are due within 30 days of the billing date. 50% Deposit due prior to project start. Herrera Landscape Snow Removal, Inc. Responsibilities Herrera Landscape Snow Removal, Inc. may use subcontractors as it sees fit, but all subcontractor payments are the responsibility of Herrera Landscape Snow Removal, Inc. Herrera Landscape Snow Removal, Inc. agrees to remove all materials and debris from property location upon completion of the work. Herrera Landscape Snow Removal, Inc. hereby affirms to carry: A. Commercial General Liability: insurance with limits of not less than $1,000,000 each occurrence, with a $2,000,000 general aggregate. Such policy shall include all major aspects of coverage including but not limited to bodily injury and property damage, premises/operations, Independent Contractors and contractual liability. B. Business Automobile Liability: insurance with limits of not less than $1,000,000 combined single limit for bodily injury and property damage covering all vehicles used in connection with work. C. Workers Compensation and Occupational Disease: insurance in accordance with all applicable state and federal laws, with Employers Liability insurance of at least $1,000,000/$1,000,000/$1,000,000. Terms and Conditions It is the client’s responsibility to notify Herrera Landscape Snow Removal, Inc. regarding any obstructions that might prevent Herrera Landscape Snow Removal Inc. or subcontractor from performing services. Such notification must be made 24 hours in advance of the scheduled work day This agreement constitutes the entire agreement as between the parties, and there shall be no amendment or modification to the agreement unless it is in writing and duly executed by the parties hereto. In the event of default of payment, you agree to be liable for reasonable collection costs, including attorney fees. The individual signing below hereby represents and warrants that s/he is duly authorized to execute and deliver this Agreement on behalf of Other Party if necessary and that this Agreement is binding upon Other Party in accordance with its terms. Herrera Landscape Snow Removal, Inc. and Signed Customer agree that this contract is enforceable according to the laws of the state of Illinois. ACCEPTANCE OF PROPOSAL: 421 of 921 Page 3 ____________________________ ____________________________ Customer Name Customer Signature Date: ______________________ ____________________________ ____________________________ Herrera Representative Name Herrera Representative Signature Date: _____________________ 422 of 921 Page 1 LANDSCAPE SNOW REMOVAL, INC. 8836 Lincolnwood Dr., Evanston, IL 60203 Office: (847) 679-5622 Email: herreralandscapeinc@gmail.com DATE: 02/27/2019 SUBMITTED TO: John Leineweber PROJECT LOCATION: The Hill Arts District Memorial Garden Evanston, IL Landscape Maintenance Proposal * All labor, equipment and material for the performance of all landscape maintenance services as provided herein for all landscape areas within the property as outlined on this document and in accordance with generally accepted industry standards and practices. Description of Work For this job, Herrera Landscape Snow Removal, Inc. will be performing the following work and/or installing the following features: Initial Clean- up: April (1 Visit)  cut back perennials/ grasses; remove debris from planting beds and related areas  remove dead wood on all shrubs/ remove dead foliage on all evergreens due to winter burn  cultivate and spade-edge planting beds  one application of fertilizer to planting beds Summer Weekly Service: MAY- OCTOBER (Approx. 28 Visits)  weed and remove debris from planting beds and related areas deadhead all perennials, roses and summer annuals to promote growth and blooms throughout the summer months  spade-edge/ cultivate grounds as needed to keep a manicured appearance to the landscape  clean up all walk ways/ patio areas/ front curb side/ alley ways on a weekly basis 423 of 921 Page 2 Fall Clean-up: November (4 visits/month)  cut back perennials as they fade; remove debris from planting beds and related areas  cultivate and spade-edge planting beds Services Included in Contract:  Hand pruning or shearing shrubs and small trees (under 12ft) included as needed in contract  Broadleaf weed control/ three fertilization applications as well as grub control Mulching:  Mulch all beds on site in Spring -$800.00 Extras:  Install 3 boulders on the North Corner - $650.00  Install 3-30" Aronia Inkberry Shrubs - $260.00  Install 8- Sea Juniper around memorial sign - $480.00  Install 12 - Big Blue Hostas to fill in gaps - $260.00 Payment Client agrees to pay Herrera Landscape Snow Removal, Inc. according to the following payment plan: This contract is for __8___ Equal Payments of $ 275.00 For a season TOTAL OF $ 2,200.0 . *Client will be billed on or around the 15th of each month maintenance services are provided. Payments, which may be made by check, Visa, MasterCard, Discover, or American Express are due within 30 days of the billing date. Bills that are not paid in full within 60 days of the billing date will result in termination of service. Service will not resume until balance is paid in full or consent of Herrera Landscape Snow Removal, Inc. Herrera Landscape Snow Removal, Inc. Responsibilities Herrera Landscape Snow Removal, Inc. may use subcontractors as it sees fit, but all subcontractor payments are the responsibility of Herrera Landscape Snow Removal, Inc. Herrera Landscape Snow Removal, Inc. agrees to remove all materials and debris from property location upon completion of the work. Herrera Landscape Snow Removal, Inc. hereby affirms to carry: 424 of 921 Page 3 A. Commercial General Liability: insurance with limits of not less than $1,000,000 each occurrence, with a $2,000,000 general aggregate. Such policy shall include all major aspects of coverage including but not limited to bodily injury and property damage, premises/operations, Independent Contractors and contractual liability. B. Business Automobile Liability: insurance with limits of not less than $1,000,000 combined single limit for bodily injury and property damage covering all vehicles used in connection with work. C. Workers Compensation and Occupational Disease: insurance in accordance with all applicable state and federal laws, with Employers Liability insurance of at least $1,000,000/$1,000,000/$1,000,000. Terms and Conditions It is the client’s responsibility to notify Herrera Landscape Snow Removal, Inc. regarding any obstructions that might prevent Herrera Landscape Snow Removal Inc. or subcontractor from performing services. Such notification must be made 24 hours in advance of the scheduled work day This agreement constitutes the entire agreement as between the parties, and there shall be no amendment or modification to the agreement unless it is in writing and duly executed by the parties hereto. The individual signing below hereby represents and warrants that s/he is duly authorized to execute and deliver this Agreement on behalf of Other Party if necessary and that this Agreement is binding upon Other Party in accordance with its terms. In the event of default of payment, you agree to be liable for reasonable collection costs, including attorney fees. Herrera Landscape Snow Removal, Inc. and Signed Customer agree that this contract is enforceable according to the laws of the state of Illinois. ACCEPTANCE OF PROPOSAL: ____________________________ ____________________________ Customer Name Customer Signature Date: ______________________ ____________________________ ____________________________ Company Representative Name Company Representative Signature Date: _____________________ 425 of 921 NATURE’S PERSPECTIVE LANDSCAPING, INC. 2000 Greenleaf Street • Evanston, IL. 60202 • 847-475-7917 • Fax 847-475-7975 • naturesperspective.com 2019 PROPOSAL/CONTRACT 10/30/2018 Billing Name & Address: Dr. Hill Arts Memorial Garden c/o City of Evanston Attn: Paulina Martinez 2100 Ridge Ave Ste 3600 Evanston, IL 60201 Cust #8591 Phone #847-859-7833 pmartinez@cityofevanston.org Acct. Rep: TK Site Name & Address: Dr Hill Arts Memorial Garden Noyes & Ashland Triangle Evanston, IL. 60204 Page 1 of 1 NATURE'S PERSPECTIVE LANDSCAPING, INC., the "contractor," hereby proposes to furnish all the materials and perform all of the labor necessary for the completion of contracted maintenance, for the amounts proposed below, from March 18, 2019 to December 6, 2019 payable within 30 days of invoice date. ALL-INCLUSIVE GARDEN MAINTENANCE PACKAGE: Total cost for the 2019 season: $1,600.00 Billed in (1) installments of $1,600.00 per month beginning April 2019 *This price is based on your site-specific needs. Services included: Spring/Initial Clean-up: One visit to be performed on or after March 18, 2019 Clear all bed areas of debris and dispose, Edge all beds, Cultivate all bed Maintenance: One visit per every other week after initial cleanup until October 25, 2019 Cultivate, weed and maintain all garden beds; edge all beds as needed for a clean appearance. Remove spent flowers and unsightly foliage from perennials & roses and stake perennials as needed. Prune ornamental trees that are no more than 15’ tall, shrubs & groundcover Dispose of landscape debris Fertilize beds with organic, non-burning fertilizer (August) Insecticide Application Schedule: If Applicable Apply grub control to lawn. 2 applications (late spring and late summer) Apply rabbit/deer repellent when first noticed, up to 25 plants, repeat as needed Apply organic slug bait to beds as needed (June through August) Fertilizer/Herbicide Application Schedule: (If applicable) Fertilize beds (2) (spring cleanup & late summer) Apply snapshot weed preventer, if applicable (as needed) Apply Round-up to kill weeds Fall Clean-up: Up to 3 visits during the period of October 28 to December 6, 2019 Clear all bed areas of leaf debris & dispose (recycle if feasible) Cut back perennials (except those with winter interest), Store away peony hoops, if applicable. Any alteration or deviation from above involving extra costs will be executed only upon written orders and will become an extra charge over and above quoted price. Maintenance visits will be suspended on accounts more than 30 days past due. Service will resume when account is paid in full. Cancellation of this contract requires a 30-day written notice. A cancellation fee equal to two month's contracted amount will be invoiced if this contract is cancelled. This proposal is contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance on above work. Workmen's Compensation and Public Liability Insurance on above work to be carried by Nature's Perspective Landscaping, Inc. The General conditions, as attached, are expressly incorporated into this agreement. NOTE: A fuel surcharge may be applied and added to your bill. Respectfully Submitted: ___________________________________________________ Nature's Perspective Landscaping, Inc. Note: This proposal may be withdrawn by us if not accepted within 15 days. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ACCEPTANCE OF PROPOSAL The above prices and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. I accept the General Conditions on the back of this contract or that have been attached in an email or fax. My acceptance of the proposal constitutes this as a valid and binding agreement. DATED: _________________________ SIGNATURE _________________________________________________________ Property Owner/Agent 426 of 921 Proposal/Contract 4/1/2019 Proposal #19TK03509 Proposal submitted to: DR. HILL ARTS MEM. GARDEN c/o City of Evanston Attn: John Leineweber 2100 Ridge Ave Ste 3600 Evanston, IL 60201 DR. HILL ARTS MEM. GARDEN Noyes and Ashland Triangle Evanston, IL 60204 Sales Rep.TK Cust #8591 847-475-7917 Fax # 847-475-7975 www.naturesperspective.com (847) 602 - 4282 john.leineweber@gmail.com NATURE'S PERSPECTIVE LANDSCAPING, INC. Work to be performed at: 2000 Greenleaf Street, Evanston, Illinois 60202 NATURE'S PERSPECTIVE LANDSCAPING, INC., the "Contractor", hereby proposes to furnish all the material and perform all the labor necessary for the completion of the following described work: Above prices include all labor, taxes and delivery unless otherwise noted. Any deletions, additions or other charges to your proposal and/or plan may affect pricing and will need to be re-quoted. A minimum restocking fee of 25% will be charged for all special-order items, or for items brought to the job site and not used due to customer initiated changes. If items are custom made for the job and not used, customer will be charged at 100%. Above prices are based on complete proposal. For paving work, customers must select paver type, color, pattern and edge detail prior to final pricing and scheduling. NOTE: This Proposal may be withdrawn by us if not accepted within 15 days. Client Initials _________ (Please initial each page) DescriptionQtyU/M Price Each Total 2019- Landscaping @ DR. HILL ARTS MEM. GARDEN HARDSCAPE ELEMENTS/ SOIL Outcropping - Fond Du Lac -Buff Approx. 2' wide x 3' long x 1' tall - Place at the north end of the triangle. 18 cf 80.00 1,440.00 Topsoil, Pulverized - Note: Soil may need to settle for up to 1 week. 0.5 cy 120.00 60.00 PERENNIALS Early Meadow Rue (10/fl) ALT: (2 fl) Hairy Beardtongue (38/fl) @ $199.70 per flat= $399.40. - To fill in bare areas near flagstone. (Native) + Shade tolerant types. 2 fl 162.38 324.76 Compost, Leaf - To suppress weeds. 3 cy 120.00 360.00 EVERGREENS/MULCH Juniper, Kallay's Compact 5 gal - To screen base of sign posts & under sign. 4 ea 110.12 440.48 Shredded Hardwood Bark - To be applied under the evergreens. - Estimated amt. based on avg. 2" depth. 2 cy 130.00 260.00 Owner/Client Signature: Respectfully Submitted by:_________________________________________Date: ____________ Date: _____________________________________________________ Nature's Perspective Landscaping, Inc.Representative of All material is guaranteed to be as specified, and to be performed in accordance with the drawings submitted for above work and completed in a workmanlike manner. Payments to be made as follows: 50% on acceptance, remainder on completion, 30 days net. Any alteration or deviation from above involving extra costs will be executed upon verbal or written orders, and will become an extra charge over and above the quoted price. The General Conditions, as attached, are expressly incorporated into this agreement. The above prices and conditions are satisfactory and are hereby accepted. I accept the attached general conditions of this contract. You are authorized to do the work as specified. My acceptance of the proposal constitutes this as a valid and binding agreement. Total:$2,885.24 4/1/19 427 of 921 KAYBRE CONSTRUCTION SERVICES INC 8909 Central Park Ave Evanston, il. 60203 M: 3127190092 kaybreconstructioninc@gmail.com Bill To City Of Evanston Economic Development Dept. Paulina Martinez C/o JohnLeineweber Hill Arts District 2100 Ridge Ave Evanston, il 60201 john.leineweber@gmail.com Estimate EST0005 Date 03/06/2019 DESCRIPTION QTY RATE AMOUNT Hill Memorial Garden " Generations" Sculpture- prep for painting with hand scrapper and wire brush all areas of loose paint or rust.- prime with oil base exterior primer.- provide two (2) coats oil base hammered finish paint to match existing- labor and materials cost ($1,175.00) 1 $1,175.00 $1,175.00 Payment instructions By check Make checks payable to: KAYBRE CONSTRUCTION SERVICES INC. Total $1,175.00 03/06/2019 428 of 921 429 of 921 430 of 921 For City Council meeting of April 8, 2019 Item A21 Resolution 21-R-19, Easement Agmt to Widen Alley Abutting 910-938 Custer Ave. For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Johanna Leonard, Community Development Director Scott Mangum, Planning & Zoning Manager Melissa Klotz, Zoning Administrator Subject: Resolution 21-R-19 Easement Agreement to Widen Alley Abutting 910-938 Custer Ave., 18PLND-0100 Date: March 25, 2019 Recommended Action: The Plan Commission and staff recommend adoption of Resolution 21-R-19 for an Easement Agreement to increase the usable width of the north-south and east-west alleys that abut the side and rear of 910-938 Custer Ave. to a total width of 20’. This Resolution is in conjunction with Ord. 22-O-19 for a Map Amendment to Rezone from MUE Transitional Manufacturing-Employment District to MXE Mixed-Use Employment District and a Special Use for a Planned Development for 40 single family attached townhomes, which was introduced at City Council on March 11, 2019. Livability Benefits: Built Environment: Provide compact and complete streets and neighborhoods Built Environment: Enhance public spaces Summary: The proposed development includes 40 single family attached townhomes that do not face public street frontage. The applicant agrees to allow public usage of a 2’-4’ wide strip of land adjacent to the north-south and east-west alleys that abut the side and rear of 910-938 Custer Ave. The applicant also agrees to reconstruct that portion of the alleys, including the burying of utilities, storm water management, and new concrete, so that the usable width of the alley, including the easement, will be 20’ where adjacent to the development. As part of the Planned Development, the applicant agrees the Homeowner’s Association of the 910-938 Custer Ave. development will be responsible for snow plowing the alley. The increased alley width will allow for easier maneuverability of 2-way traffic throughout the alley, as well as easier access for EMS vehicles. Memorandum 431 of 921 Attachments Resolution 21-R-19 City Council Packet – March 11, 2019 (Planned Development begins on page 319) 432 of 921 2/27/2019 21-R-19 A RESOLUTION Authorizing the City Manager to Negotiate and Execute an Easement Agreement with Evanston Custer LLC NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized to execute an Easement Agreement with Evanston Custer LLC, an Illinois limited liability company, attached hereto as Exhibit 1, the terms are incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Easement Agreement as he may determine to be in the best interests of the City and in a form acceptable to the Corporation Counsel. SECTION 3: That this Resolution 21-R-19 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Adopted: __________________, 2019 Approved to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 433 of 921 21-R-19 ~ 2 ~ EXHIBIT 1 PLAT OF EASEMENT 434 of 921 435 of 921 21-R-19 ~ 3 ~ EXHIBIT 2 EASEMENT AGREEMENT 436 of 921 Upon recording return to: City of Evanston 2100 Ridge Avenue, Room 4400 Evanston, Illinois 60201 Attn: Law Department [Recording area only] EASEMENT AGREEMENT This Easement Agreement is entered into this ____ day of ___________, 2019, by and between Evanston Custer LLC, an Illinois limited liability company (“Grantor”), and the City of Evanston, and Illinois Home Rule Municipal Corporation (“Grantee”). RECITALS WHEREAS, the Grantor is the owner of real property with a street address of 910 Custer Avenue (“Subject Property”); and WHEREAS, the Grantee owns the land used for a public right-of-way, an alley west of Custer Avenue (“Grantee’s Property”), which abuts the Subject Property; and WHEREAS, Grantor applied for a planned development at Grantor’s Property, which was approved by the City Council of the City of Evanston by Ordinance 22-O-19. In order to provide adequate emergency service vehicular access to the future development on Grantor’s Property as depicted in Exhibit A, Plat of Easement, and Evanston Custer LLC hereby grants an easement over and under the Subject Property for the benefit of Grantee; and WHEREAS, Grantor does not need exclusive access and use of the 2’ strip of land adjacent to the eastern boundary of Grantee’s property and the 4’ strip of land adjacent to the northern boundary and agrees to provide Grantee an easement as outlined in this Agreement, NOW, THEREFORE, in consideration of the covenants and promises set forth herein, the parties agree that: 1. The foregoing of Recitals are hereby incorporated herein and made part if hereof. 2. The Grantor hereby grants to the Grantee an exclusive easement on the Subject Property for ninety-nine (99) years (“Easement Term”). 437 of 921 3. The Easement Premises shall run as legally described on the Plat of Easement and Legal Description attached as Exhibit A. The Easement is approximately 360.6 feet in length and 2’ wide on the western boundary and 210.7 feet in length and 4’ wide on the southern boundary, for a total easement area of 1,584 square feet. 4. The Grantor will not assess an easement fee for the 99-year term. 5. The grant of easement shall be subject to the conditions that: a. Grantee cannot expand the scope of the Easement Premises without written consent of the Grantor. b. If the Easement Premises need to be accessed and disturbed for any Grantee operational issues, the City will notify Grantor prior to access, unless under exigent circumstances. All improvements installed adjacent to the alley as part of the Grantor’s development will be installed at Grantor’s expense. All maintenance, repair, replacement activities are at Grantor’s expense for any work performed by Grantor in the Easement Area. c. Grantor agrees to perform all necessary maintenance and repair to the easement area for Grantee’s vehicular access throughout the Easement Term and if applicable, during the renewal easement term. 6. Indemnification. Grantor will hold harmless, indemnify and defend Grantee, its lessees, franchises, licensees, employees, agents, personal representatives, contractors, successors and assigns, against any and all claims, demands, loss, damage, liabilities, costs, expenses and all suits liens, causes of actions and judgments (including, but not limited to reasonable attorney’s fees) arising out of, or in any way related to, or in connection with, or as a result or consequence of this easement and/or use of the Easement Premises or Grantor’s acts or omissions under this easement agreement, to the extent of Grantor’s willful or negligent exercise of rights and privileges granted by this easement agreement. The Grantor’s obligations in this section shall survive any termination or expiration of this easement agreement. 7. Release. Grantor shall enter upon the Easement Premises and conduct Grantor’s Work at its sole risk, cost and expense. Grantor hereby waives and relinquishes any and all claims, demands, loss, damage, liabilities, costs, expenses and all suits, liens, causes of actions and judgments related to the subject matter of this easement agreement now or hereafter arising in Grantor or any of its employees’, contractors’ or agents’ favor occasioned by, directly or indirectly, the conditions of the Grantor’s Subject Property and the Easement Premises or any improvements thereon or any other facts or occurrences with respect to Grantor’s conduct under this easement agreement, other than willful or negligent acts of Grantee. The Grantor’s obligations in this section shall survive any termination or expiration of this easement agreement. 438 of 921 8. This document contains the entire agreement between the parties relating to the rights granted herein and the obligations herein assumed. Any oral representations or modifications concerning this agreement shall be of no force and effect, and modifications to this agreement shall be in writing and shall be signed by all parties to this agreement. 9. This Agreement for an easement shall constitute a covenant running with the land binding upon the Grantors and any of the Grantors’ lessees, transferees, successors in interest, heirs, executors, and administrators. 10. The laws of the State of Illinois shall govern the terms of this agreement both as to interpretation and performance and any action brought to enforce the agreement shall be brought in the Circuit Court of Cook County. 11. This Agreement shall be recorded by the Grantor with the Cook County Recorder of Deeds notifying all future purchasers and other interested parties. This easement is null and void if the Development granted by Ordinance 22-O-19 is not built and cannot be used as a precedent for a future easement from the City of Evanston. IN WITNESS THEREOF, this agreement is made the date signed by the City. City of Evanston Evanston Custer LLC By:_________________________ By: _________________________ Wally Bobkiewicz, City Manager Print: Kevin Lee Its: _________________________ 439 of 921 EXHIBIT A LEGAL DESCRIPTION SITE LEGAL DESCRIPTION LOT 1 IN DARD PRODUCTS THIRD CONSOLIDATION, BEING A CONSOLIDATION OF LOT 3 AND THE NORTH HALF OF LOT 4 IN RAILWAY SUBDIVISION AND LOT 1 IN DARD PRODUCTS SECOND CONSOLIDATION, IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NO. 89231709, IN COOK COUNTY, ILLINOIS. UTILITY & ACCESS EASEMENT LEGAL DESCRIPTION THAT PART OF LOT 1 IN DARD PRODUCTS THIRD CONSOLIDATION, BEING A CONSOLIDATION OF LOT 3 AND THE NORTH HALF OF LOT 4 IN RAILWAY SUBDIVISION AND LOT 1 IN DARD PRODUCTS SECOND CONSOLIDATION, IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NO. 89231709, DECRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT; THENCE NORTH 89 DEGREES 49 MINUTES 53 SECONDS WEST, ON THE SOUTH LINE OF SAID LOT, 210.70 FEET TO THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH 00 DEGREES 05 MINUTES 57 SECONDS EAST, ON THE WEST LINE OF SAID LOT, 360.60 FEET TO THE NORTHWEST CORNER OF SAID LOT; THENCE SOUTH 89 DEGREES 52 MINUTES 59 SECONDS EAST, ON THE NORTH LINE OF SAID LOT, 2.00 FEET; THENCE SOUTH 00 DEGREES 05 MINUTES 57 SECONDS WEST, PARALLEL WITH SAID WEST LINE, 348.99 FEET; THENCE SOUTH 44 DEGREES 52 MINUTES 05 SECONDS EAST, 10.77 FEET TO A POINT THAT IS 4.00 FEET NORTH OF AND PERPENDICULAR TO THE SOUTH LINE OF SAID LOT; THENCE SOUTH 89 DEGREES 49 MINUTES 53 SECONDS EAST, PARALLEL WITH SAID SOUTH LINE, 200.36 FEET TO THE EAST LINE OF SAID LOT; THENCE SOUTH 10 DEGREES 11 MINUTES 01 SECONDS EAST, ON SAID EAST LINE, 4.07 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. SAID EASEMENT CONTAINS 1,584 SQUARE FOOT OR 0.036 ACRES MORE OR LESS 440 of 921 441 of 921 To: Honorable Stephen H. Hagerty and Members of the City Council Administration & Public Works Committee From: Michelle L. Masoncup, Corporation Counsel Subject: Resolution 25-R-19 - Approving Settlement in Caldwell v. City of Evanston, et al. Date: April 8, 2019 Recommended Action: Staff recommends City Council adoption of Resolution 25-R-19 authorizing the City of Evanston (“City”) to issue a settlement payment pursuant to a settlement agreement and release in Paul Caldwell v. City of Evanston, et al. (Case No. 2017-L-3216). Funding Source: Insurance Fund (Settlement Costs – Liability) Summary: Plaintiff filed his lawsuit in 2017 in the Cook County Circuit Court, Law Division. Plaintiff’s lawsuit concerns allegations of willful and wanton misconduct. Defendants and Plaintiff wish to resolve all claims in this litigation by settlement. The settlement agreement and release will be reviewed and approved as to form by the City’s attorneys. Plaintiff will execute the settlement agreement and release. Upon approval of 25-R-19, Plaintiff will dismiss this suit with prejudice terminating the lawsuit. Execution of the settlement agreement and payment is not an admission of liability by the Defendants. ------------------------------------------------------------------------------------- Attachments: Resolution 25-R-19 Memorandum For City Council meeting of April 8, 2019 Item A2 2 Resolution 25-R-19: Approving Settlement in Caldwell v. City of Evanston, et al. For Action 442 of 921 03/12/2019 25-R-19 A RESOLUTION Authorizing the Settlement and Release of all Claims in Paul Caldwell v. City of Evanston, et al. WHEREAS, Case No. 2017-L-003216 in the Circuit Court of Cook County, County Department, Law Division, concerns a lawsuit against the City of Evanston and two of its employees involving allegations of willful and wanton misconduct; and WHEREAS, the parties seek to settle and release all claims pursuant to the terms of a Release and Settlement Agreement (“Settlement Agreement”) negotiated by attorneys of record in this litigation; WHEREAS, the City will pay Plaintiff a settlement amount of approximately one million two hundred and fifty thousand dollars ($1,250,000.00) (“Settlement Payment”) pursuant to the terms of the Settlement Agreement; and WHEREAS, pursuant to the terms of the Settlement Agreement, Plaintiff will obtain an order from the court dismissing with prejudice all claims brought against Defendants in Case No. 2017-L-003216; and WHEREAS, in compliance with Section 2(e) of the Open Meetings Act, 5 ILCS 120/2(e), the City must approve final action on settlement of this litigation in open session; and WHEREAS, issuance of the City’s Settlement Payment is not an admission of liability. NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: 443 of 921 ~2~ SECTION 1: The City is hereby authorized to approve settlement with Plaintiff and issue the City’s Settlement Payment pursuant to the terms of the Settlement Agreement. The City’s Settlement Payment is not an admission of liability. SECTION 2: Resolution 25-R-19 shall be in full force and effect from and after its passage and approval, in the manner provided by law. ______________________________ Stephen H. Hagerty, Mayor Attest: _____________________________ Devon Reid, City Clerk Adopted: ________________, 2019 Approved as to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 444 of 921 For City Council meeting of April 8, 2019 Item A23 Resolution 20-R-19, MOU with the Friends of the Robert Crown Center For Action To: Honorable Mayor and Members of the City Council Members of the Administration and Public Works Committee From: Erika Storlie, Assistant City Manager/Administrative Services Director Michelle Masoncup, Corporation Counsel Subject: Resolution 20-R-19, Memorandum of Understanding with the Friends of the Robert Crown Center Date: April 8, 2019 Recommended Action: Staff recommends City Council adoption of Resolution 20-R-19 authorizing the City Manager to execute a ten year Memorandum of Understanding (MOU) with the Friends of the Robert Crown Center (FRCC). The MOU memorializes the relationship between the City of Evanston and the volunteer-led fundraising entity and details how the funds raised by FRCC are applied to the Robert Crown Community Center Project construction and debt service. Funding Source: Revenue - Crown Construction Fund (416.40.4160.56011 - Donations) Livability Benefit: Innovation & Process: Support Local Government Best Practices and Processes Summary: City staff and the FRCC have been working to develop this MOU to provide guidelines for the relationship between the two entities as well as to establish a mechanism for accepting cash donations for the construction and debt service of the new Robert Crown Community Center (the Center). The FRCC have raised over $12 million dollars to date from over 1,000 Evanston residents and organizations on their way to their goal of raising $15 million dollars for the project. The MOU provides that the FRCC will transfer $5M in cash in the current year and $1M in 2020 to be put directly towards construction costs. Starting in 2021 the City will invoice FRCC annually for 95% of liquid cash held which will be dedicated to Memorandum 445 of 921 annual debt service payments on general obligation bonds issued for the project. Once the City has received $15M in cash payments from the FRCC, all future payments from FRCC will be directed to the Robert Crown Maintenance Fund. The FRCC and City staff have also been working together to convert letters of intent (LOI) from organizations who have naming rights or usage into formal agreements to be signed by the City and the respective organization. Two of these agreements are also for action on the April 8th City Council agenda. The remaining agreements are still a work in progress and will be brought to the Council in the summer. Background: FRCC is a 501(c)(3) public charity founded in 2016 for the purpose of soliciting and stewarding gifts, grants, and other funds for the construction of a new Robert Crown Center, and to help support the continuing maintenance and capital needs of the new facility and park following completion of construction. Attachments: Resolution 20-R-19 Memorandum of Understanding with FRCC 446 of 921 1 3/31/2019 20-R-19 A RESOLUTION Authorizing the City Manager to Execute a Memorandum of Understanding with the Friends of the Robert Crown Center WHEREAS, the Robert Crown Community Center is the site of leisure activities, early education, summer camp, sport and wellness for all Evanston's residents; and WHEREAS, the Friends of the Robert Crown Center, an Illinois not- for-profit corporation (the “FRCC”), was established in 2016 to so licit funds for the construction, financing and maintenance of the new Robert Crown Community Center and Library (the “Center”); and WHEREAS, the current Robert Crown Community Center was built in 1974 and located at 1701 Main Street, in part funded by the Crown Family; and WHEREAS, the demand for additional programming and the deteriorating condition of the current Robert Crown Center necessitated the construction of a new and larger facility; and WHEREAS, the new Center at 1801 Main Street is currently under construction and will be a two-story 130,000 square foot building with 3 adjacent turf fields; and WHEREAS, the FRCC volunteers are residents of the City of Evanston who gave thousands of cumulative volunteer hours to reduce the cost of the Center for the taxpayers of Evanston; and 447 of 921 2 WHEREAS, the FRCC volunteers have raised more than $12 million dollars to date for the Center and well on their way to a goal of $15 million dollars; and WHEREAS, the Crown Family, through the Arie & Ida Crown Memorial and the Crown Family Philanthropies, is providing a generous donation once more to build a new Center and continuing their support of this community and the enhanced recreation opportunities that will be provided in the new facility; and WHEREAS, the FRCC will provide $5 million dollars in 2019 and $1 million in 2020 to the City to fund the construction cost; and WHEREAS, the FRCC will provide an additional $9 million dollars over the next 10 years to directly fund debt service; and WHEREAS, the FRCC plan to continue to fundraise to support the new Center and the cumulative donations received by FRCC in excess of $15 million will be directed to the RCC Maintenance Fund; and WHEREAS, the parties desire to memorialize their respective rights and obligations with respect to the donated funds and enter into a memorandum of understanding to articulate the agreement between the parties, NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized to execute the Memorandum of Understanding with the Friends of the Robert Crown Center, attached hereto as Exhibit 1, the terms are incorporated herein by reference. 448 of 921 3 SECTION 2: The City Manager or his designee is hereby authorized and directed to negotiate any additional conditions of the Memorandum of Understanding as he may determine to be in the best interests of the City and in a form acceptable to the Corporation Counsel. SECTION 3: That this Resolution 20-R-19 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Adopted: __________________, 2019 Approved to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 449 of 921 4 EXHIBIT 1 This MEMORANDUM OF UNDERSTANDING (“MOU”) made this ____ day of ________, 2019 (the “Effective Date”) sets forth the principal terms by and between THE CITY OF EVANSTON (“City”) and THE FRIENDS OF THE ROBERT CROWN CENTER (“FRCC”) to transfer donated funds f rom FRCC to the City of Evanston for the new ROBERT CROWN COMMUNITY CENTER, ICE COMPLEX and LIBRARY (“New RCC”) currently under construction. City and FRCC do hereby agree to the following terms in this MOU: A. Purpose and Term 1. The City is constructing a new modern sports, education and community complex with the addition of a new branch library to replace the existing Robert Crown Community Center (the “New RCC”), as depicted on the site plan dated January 23, 2019, attached hereto as Exhibit A and incorporated herein by reference. In order to help finance the New RCC, the FRCC are working to raise an estimated $15 million dollars (“Site Plan”). In January of 2017, the City approved a contract with Woodhouse Tinnuci Architects, LLC to provide architectural/engineering services (“Architect”). In February of 2018, the City approved a contract with Bulley & Andrews to provide construction management services (“Contractor”). The design was approved by City Council July 2018. 2. The general purpose of this MOU is to govern the use of the funds received to finance the construction and maintenance of the New RCC. Upon completion of the New RCC, this MOU will govern the administrative process for donations. 3. The Parties agree that the term of this MOU commences on the Effective Date and expires after 10 years (120 months) (the “Term”), it being understood that Sections D(3), F(2), F(4) and G (the “Surviving Terms”) survive such expiration in accordance with their terms. The Parties will meet and confer prior to expiration of the MOU to address present conditions and future goals of the New RCC. 450 of 921 5 B. FRCC: 1. Friends of the Robert Crown Center is a 501(c)(3) public charity founded in 2016 for the purpose of soliciting and stewarding gifts, grants, and other funds for the construction of a New RCC, and to help support the continuing maintenance and capital needs of the new facility and park following completion of construction. 2. FRCC is an independent, volunteer-led entity with no controlling relationship with the City of Evanston or the Evanston Public Library. FRCC is not an agent or contractor of the City or Evanston Public Library. C. New RCC 1. Premises. The City owns the land and the existing Robert Crown Center at the corner of Dodge and Main Street with a common address of 1701 Main Street, Evanston, Illinois. The New RCC will be at 1801 Main Street, Evanston, Illinois (the “Premises”). For the avoidance of doubt, the Premises includes all facilities located thereon and all parks, gardens and other real property included at such location. The City covenants, warrants and represents that it has good, insurable fee simple title to the Premises, the Premises is free of all liens, leases, options, easements, covenants and other similar limitations and restrictions, and that it has full and unlimited authority to execute and perform this MOU. 2. The New RCC essential features, as outlined in the Site Plan, include the following: 5,950 square foot branch library, a 10,700 square foot gym, a 5,100 square foot child care suite, three turf fields consisting of roughly 226,000 square feet, a running track, art room, fitness room/dance studio, and two 200x85 ice rinks with ten locker rooms. The City shall cause the New RCC to be constructed in accordance with the Site Plan, including such essential features. 3. Authority. The City represents it has all legal authority and power to enter into and perform each and all of the provisions of this MOU, including but not limited to the naming of the Premises in memory of Robert Crown in perpetuity, and the financing, constructing, equipping, and maintaining of the Premises, all in accordance with and pursuant to the terms and provisions of this MOU. The City hereby exercises without limitation its Home Rule powers pursuant to Article VII of the Illinois Constitution. The City acknowledges and agrees that FRCC is entering into this MOU in express reliance on the City’s representations and warranties contained in this MOU. FRCC acknowledges that the City is entering into this MOU in express reliance on FRCC’s representations and warranties contained in this MOU. Neither party shall take 451 of 921 6 any action which will in any manner or to any extent be contrary to, or inconsistent with, its obligations hereunder. If the Crown Family or Crown Family Philanthropies elects to remove their names or the Robert Crown name from the New RCC at a later date, it is entitled to do so with at least 6 months’ notice. D. Funding of the Design and Construction of the New RCC 1. The City projects that the total cost for design and construction of the New RCC is $53 million. FRCC is soliciting pledges from private donors with a goal of $15 million to support the construction, financing and maintenance of the New RCC. FRCC, in conjunction with the City, is actively soliciting pledges and receiving commitments and contributions by private donors (the “Private Donors” or “Donor Group” and such funds, the “Donor Funds”) for the construction, financing and maintenance of the New RCC. It is anticipated that the Private Donors will provide approximately $15 million of the total project cost through cash collections, written pledges and grant awards. 2. The City will use its best efforts to complete construction of the New RCC building no later than December 1, 2019. Completion of construction shall be evidenced by a Temporary Certificate of Occupancy for the Building. In addition, substantial completion of the athletic fields will be completed by July 3, 2020. 3. The City will provide necessary funding for the design, construction, operation and maintenance of the New RCC in excess of any Available Funds provided to the City through FRCC. The City will pay the construction costs from debt financing and Available Funds after funds are transferred to the City as described in Section E. 4. It is agreed that the ownership of the New RCC will vest in the City of Evanston. E. Allocation and Distribution of FRCC Funds: 1. Deposit of FRCC Funds: In accordance with the Bylaws for the FRCC, all funds received by FRCC in connection with the design, construction, debt service and/or maintenance of the New RCC must be deposited in a checking account, set up especially for the fundraising campaign. Such accounts must be kept separate and apart from any accounts of the City. 2. Conditions Precedent to FRCC Funding: The obligations of FRCC to provide funds hereunder shall be subject to the following (collectively, the “Funding Conditions”): (a) FRCC having available liquid Donor Funds from donors with whom the City has entered into agreements meeting the requirements 452 of 921 7 described in Section F(1) in excess of its current and projected third party and operational expenses (“Available Funds”), and (b) the City being in compliance in all material respects with this MOU. 3. Invoices for Transfer of Available Funds: In May 2019, the City will issue an invoice to FRCC for $5 million of Available Funds to fund the construction cost. In February 2020, the City will issue an invoice for $1 million to fund the construction cost. Starting in January 2021, all future invoices from the City to FRCC will following these steps: ● Step One: On an annual basis, the City will invoice FRCC in an amount not to exceed 95% of Available Funds. ● Step Two: FRCC shall review such invoice for draw purposes at a FRCC board meeting. ● Step Three: After FRCC approves the invoice, and subject in all cases to the satisfaction of the Funding Conditions, FRCC shall wire the full invoice amount to the City. All Available Funds provided by FRCC to the City hereunder must be used for construction of the New RCC, debt service on indebtedness incurred for the design and construction of the New RCC, or maintenance of the New RCC (including payment of third party expenses associated therewith), and for no other purpose. No portion of the FRCC funds shall be used by the City to fund any other losses or expenses (including any losses or expenses incurred in connection with any actual or threatened litigation or actual or alleged violation of law). The City will exercise its discretion on allocation of FRCC funding within the parameters of the uses permitted herein. In the event that FRCC is not able to pay an invoice properly submitted and approved hereunder due to a lack of Available Funds, FRCC will fund such shortfall (on a first-in-first-out basis) in the event that it later obtains Available Funds, subject to continuing satisfaction of the Funding Conditions. 4. Wire of Funds: The City agrees to act as administrator of all financial activities associated with the design, construction, maintenance and operation of the New RCC, except with respect to the deposits of Donor Funds received by FRCC. FRCC agrees to hire a certified public accountant to perform a review and audit of its accounts. FRCC must not unreasonably withhold Available Funds for distribution to the City pursuant to Step Three of Section E(3). 5. Financial Reports: City will produce and deliver to FRCC annual financial reports on the New RCC project and maintenance activities and Maintenance Fund. FRCC must provide annual financial reports regarding funds collected, pledged and disbursed in accordance with FRCC Bylaws. FRCC and the City 453 of 921 8 must keep records of all donations received for a minimum of 5 years after the time of donation. 6. Dissolution of FRCC: ● If FRCC is dissolved prior to the completion of construction, FRCC will (a) provide a full accounting and financial report of Available Funds and pledges to the City prior to dissolution; and (b) distribute all Available Funds in its accounts, after payments are made or reserves are established for third party expenses, to the City of Evanston for use exclusively in the New RCC, subject to the terms and conditions contained herein. FRCC has an obligation to convert cash-equivalent donations (such as marketable securities) into cash for deposit with the City. ● If FRCC is dissolved following construction of the New RCC, FRCC will (a) provide a full accounting and financial report of Available Funds and pledges to the City prior to dissolution; and (b) distribute all Available Funds, after payments are made or reserves are established for third party expenses, to the City of Evanston for use exclusively in the New RCC, subject to the terms and conditions contained herein. F. Donors to the New Robert Crown Community Center 1. The City has agreed to enter into eight agreements (“Major Donor Agreements”) with the following large donors for the New RCC: Arie & Ida Crown Memorial (through Crown Family Philanthropies), Wintrust Bank, Evanston Soccer Association, Evanston Hockey Association, Valli Produce, Northwestern University, Beacon Academy, and Chicago Young Americans Hockey Association (the “Major Donors”). The terms of the investments made by the respective Major Donors are part of separate agreements between the City and the respective group. Accordingly, the Major Donor Agreements shall specifically supercede and terminate the agreements and letters of intent such Major Donors have with FRCC. 2. The City agrees to defend, indemnify, and hold harmless the FRCC, the Arie & Ida Crown Memorial, the Crown Family Philanthropies, and their successors, assigns and their respective officers, directors, trustees, agents, employees and volunteers, of and from all damages, claims and charges which may arise out of or are related in any way to the performance under any agreements with Private Donors, including the Major Donor Agreements (including any actual or alleged breach of any such agreement), from any breach of any representation, warranty or obligation hereunder, or from the design, construction, operation or maintenance of the New RCC. For purposes of clarification, this 454 of 921 9 indemnification and hold harmless provision in this Agreement does not include the Private Donors, other than the Arie & Ida Crown Memorial and the Crown Family Philanthropies. 3. As new pledges, commitments and donations are received from FRCC by Private Donors, FRCC will work with the City to negotiate any new donor agreements which, upon execution by the City, shall be governed by Section F(2) above. 4. Robert Crown Center Naming. The building and park will continue to be referred to as the “Robert Crown Community Center” and “Robert Crown Park” in perpetuity, subject to the right of Arie & Ida Crown Memorial or The Crown Family Philanthropies to cause the City to cease using the Robert Crown name in the event of a breach by the City of any of its representations, warranties and covenants contained herein. The parties will meet and confer on any additional naming rights agreements, other than the New RCC facility, which include any interior and exterior areas within the New RCC. 5. The Parties will meet and confer to approve all recognition of Agreed Donor Commitments, including signage for all rooms and building components named by Private Donors, the naming wall, and all other permanent recognition of Private Donors on, in or around the New RCC. G. Operations of the New RCC 1. The City agrees that it will maintain in a good state of repair and operating condition the New RCC, including all facilities and equipment based on life expectancy and current condition. 2. Maintenance Funds: On July 24, 2017, the City Council adopted Resolution 65- R-17, A Resolution Creating a Separate Fund entitled the ‘Robert Crown Community Center Maintenance Fund’ and Directing Certain Donation Funds to be Deposited and Utilized after the Construction of the New Facility. Commencing in 2021, the City will provide annual deposits of at least $175,000 to the Robert Crown Community Center Maintenance Fund (the “Maintenance Fund”) for 30 years to ensure that the new RCC will be viable in the long term. The Maintenance Fund shall not be used or borrowed from or posted as collateral for any purpose other than the maintenance of New RCC. 3. The funds to pay for the design and construction costs must be fully funded prior to deposits into the Maintenance Fund. All Available Funds that are provided to the City in excess of $15 million shall be deposited into the Maintenance Fund. 4. Allocation of Available Funds, subject to the satisfaction of the Funding Conditions: 455 of 921 10  In May 2019, FRCC will, subject to the terms and conditions contained herein, transfer $5 million of Available Funds to the City for the cost of construction of the New RCC. In February 2020, FRCC will transfer $1 million of Available Funds to the City for the cost of construction.  The next $9 million of Available Funds provided by FRCC hereunder will be used by the City to pay debt service on bonds issued for the design and construction of the New RCC.  All FRCC Available Funds provided to the City in excess of $15 million will be deposited into the Maintenance Fund. 5. The City and FRCC shall meet and confer on an annual basis regarding the maintenance needs of the New RCC and the use of the Maintenance Fund. H. Miscellaneous 1. FRCC shall ensure that it remains in good standing with the Illinois Secretary of State and will maintain its 501(c)(3) status. FRCC represents that it is authorized to negotiate and execute this MOU and take all appropriate actions to honor the covenants and representations contained herein. 2. The parties to this MOU will bear their own respective expenses incurred in connection with the negotiation, preparation, execution, delivery, and performance of this MOU and the consummation of the transactions it contemplates. This includes, without limitation, all fees and expenses of agents, representatives, legal counsel, accountants and financing providers. 3. This MOU, including all Exhibits, constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral with respect to the subject matter hereof. 4. No provision of this MOU may be modified or waived unless in writing signed by both parties. Waiver or modification of any one provision shall not be deemed to be a waiver or modification of any other provision hereof. 5. The City and FRCC agree that the Arie & Ida Crown Memorial and The Crown Family Philanthropies are intended third party beneficiaries of the rights of FRCC hereunder, with the power to enforce such rights directly against the City, and has the rights hereunder granted to it hereunder pursuant to Section F(4) hereof. 6. All notices, demands, claims and other communications hereunder shall be in writing and addressed to the parties at the address specified below: 456 of 921 11 If to the City: City of Evanston 2100 Ridge Avenue Evanston, IL 60201 Attn: City Manager With a copy to: City of Evanston 2100 Ridge Avenue Evanston, IL 60201 Attn: Corporation Counsel If to FRCC: Friends of the Robert Crown Center PO Box 8064 Evanston, IL 60204-8064 Attn: Daniel Stein If to Crown Family Philanthropies: Crown Family Philanthropies 222 North LaSalle Street, Suite 1000 Chicago, IL 60601 7. This MOU shall be governed by and construed under the laws of the United States and the State of Illinois as applied to agreements entered into and to be performed entirely within Illinois between Illinois residents, notwithstanding any provisions relating to conflict of laws. 8. If there is any dispute between the Parties relating to the terms or performance of this agreement, then the parties agree to the following dispute resolution process. Before initiating any formal proceeding, the Party seeking resolution shall first give written notice to the other of the nature of the dispute and request non-binding mediation before a mutually agreed upon mediator. The Parties agree to cooperate with each other in the mediation process with regard to prompt scheduling and participation in good faith. If the Parties are unable to resolve their dispute through mediation, that dispute shall be resolved by arbitration administered in accordance with the American Arbitration Association’s Commercial Arbitration Rules. The arbitration hearing shall take place in Evanston, Illinois, or such other location on which the Parties shall agree before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may immediately bring a proceeding seeking preliminary injunctive relief or other relief in a court having jurisdiction thereof, which shall remain in effect until a final award is rendered in the arbitration proceeding. 457 of 921 AGREED, this the day of , 2019. CITY OF EVANSTON FRIENDS OF ROBERT CROWN CENTER By: ________________________ By: ____________________________ Its: City Manager Its: ____________________________ Wally Bobkiewicz Print: __________________________ ACKNOWLEDGED AND AGREED: THE ARIE & IDA CROWN MEMORIAL THE CROWN FAMILY PHILANTHROPIES By: _____________________________ Its: _____________________________ Print: ___________________________ 458 of 921 EXHIBIT A ROBERT CROWN COMMUNITY CENTER SITE PLAN DATED JANUARY 23, 2019 459 of 921 ELEC GREEN GREEN ELEC ELEC GREEN GREENGREENGREENGREENGREEN GREENsmal l ar chmedium arch1010smal l ar chmedium arch1010DODGE AVE.LEE ST. NEW 2 STORY ASSEMBLY BLDG. 134,000 GROSS SQFT DEWEY AVE.FLORENCE AVE.DEWEY AVE.MAIN ST.MAIN ST.DODGE AVE.LEE ST.DARROW AVEPARKING LOT: 229 SPACES ENTRANCE EXTERIOR READING GARDEN, REF: LANDSCAPE DRAWINGS EXISTING TENNIS COURTS TO REMAIN SERVICE YARD SERVICE DRIVE(3) 6 YARD DUMPSTERS COOLING TOWER, REF: MECHANICAL DRAWINGS GENERATOR, REF: ELEC. DWGS. PRESCHOOL PLAYGROUND AREA BIKE RACKS, REF: LANDSCAPE DRAWINGS SCOREBOARD ATHLETIC FIELD LIGHTING, REF: ELECTRICAL DRAWINGS DUGOUT BLEACHERS, REF: LANDSCAPE DRAWINGS BIKE RACKS, REF: LANDSCAPE DRAWINGS SCOREBOARD ARTIFICIAL TURF ATHLETIC FIELDS REF: LANDSCAPE DRAWINGS VIEWING BENCHES VIEWING TERRACE STEPS TRANSFORMER, REF: ELEC. DWGS. DRINKING FOUNTAIN, REF: CIVIL DRAWINGS BIKE RACKS, REF: LANDSCAPE DRAWINGS DRINKING FOUNTAIN, REF: CIVIL DRAWINGS FENCE, SLIDING GATE & SWING GATE, SEE 2/A301 FENCE, SEE 2/A302 B B C C D D E E F F G G H H J J K K L N N P Q Q R R Ly 1 1 2 3 4 6 6 7 76x 8 8 9 9 10 10 11 11 12 2x 3x A 12x6z 5x 5 DODGE AVE.NEW 2 STORY ASSEMBLY BLDG. 134,000 GROSS SQFT MAIN ST. 171' - 5 1/2"47' - 3 1/4"Lx Lx 6y 5y copyright 2019c project team Woodhouse Tinucci Architects issue notes owner: MEP engineer (EOR, E/P/FP) MEP engineer (HVAC / Refrigeration) 230 W Superior 6th Flr Chicago IL 60654 Tel 312 943 3120 www.woodtinarch.com 6-425 Adelaide Street West Toronto Ontario M5V 3C1 416.593.6796 mjmarchitects.com City of Evanston 2100 Ridge Ave Evanston, IL 60201 847.448.8043 CCJM Engineers, Ltd. 303 East Wacker Dr, Suite 303 Chicago, IL 60601 312.626.2977 Smith+Andersen 4211 Yonge Street Suite 500 Toronto Ontario M2P 2A9 416.487.8151 civil engineer / surveyor TERRA Engineering, Ltd 225 W. Ohio St, 4th Floor Chicago, IL 60654 312.467.0123 landscape archtiect Conservation Design Forum 403 West St. Charles Road Lombard, IL 60148 630.559.2000 sportsfield consultant: Jeffrey L. Bruce & Company 1907 Swift Street, Suite 204 North Kansas City, MO 64116 816.842.8999 acoustics / audio visual: Arup 35 E Upper Wacker Dr #1800 Chicago, IL 60601 312.849.5610 lighting design: Anne Kustner Lighting Design 517 4th Street Wilmette, IL 60091 847.475.2010 commissioning agent: Grumman/Butkus Associates 820 Davis Street, Suite 300 Evanston, IL 60201 847.328.3555 construction manager: structural engineer: Stearn−Joglekar, Ltd. 223 W. Jackson Blvd., Suite 1110 Chicago, IL 60606 312.461.1800 landscape architect Bully & Andrews 1755 W. Armitage Ave. Chicago, IL 60622 773.235.2433 David Woodhouse, FAIA Illinois License #01−8783 Design Firm Registration # 001008783 Expires 11/30/2020 I hereby certify that these plans were prepared under my direction and to the best of my knowledge and belief conform to the applicable Building Codes and Ordinances site plan, location plan, and FAR diagram A010 Robert Crown Community Center 1801 Main Street, Evanston, IL 60202 SCALE:N 1" = 40’−0"A010 1 site plan SCALE:N 1" = 40’−0"A010 2 building caisson location plan SCALE:N 1 1/2" = 1’−0"A010 3 FAR diagram DD progress set 12.21.17 DD progress set #2 2.23.18 100% DD 4.6.18 GMP 5.24.18 issued for caisson permit 6.15.18 issued for permit 10.19.18 issued for construction 01.23.19 460 of 921 For City Council meeting of April 8, 2019 Item A24 Resolution 27-R-19, Naming Rights Gift Agmt for the Robert Crown Comm. Center For Action To: Honorable Mayor and Members of the City Council Members of the Administration and Public Works Committee From: Erika Storlie, Assistant City Manager/Administrative Services Director Michelle Masoncup, Corporation Counsel Subject: Resolution 27-R-19, Naming Rights Gift Agreement with Wintrust Bank Date: April 8, 2019 Recommended Action: Staff recommends City Council adoption of Resolution 27-R-19 authorizing the City Manager to execute a naming rights gift agreement with Wintrust Bank (70 W. Madison St., Chicago IL 60602) for a field and a multi-purpose room at the new Robert Crown Community Center. Funding Source: Crown Construction Fund (416.40.4160.56011 - Donations) Livability Benefit: Innovation & Process: Support Local Government Best Practices and Processes Summary: Wintrust Bank has generously donated $500,000 through the Friends of Robert Crown (FRCC) to support the construction of the new Robert Crown Community Center. In recognition of their donation the City will name outdoor turf field #3 “Wintrust Field” and interior multi-purpose room #103 “Wintrust Conference Room”. A site plan depicting these two locations is attached. Background: Wintrust Bank has opened two locations in Evanston in the last two years, one at 1740 Sherman Ave and one at 901 Grove St which filled a vacant (previously Chase) bank office. The bank has been very active in Evanston, supporting events throughout the community. Attachments: Ordinance 27-R-19 Gift Agreement with Wintrust Bank Memorandum 461 of 921 4/1/2019 27-R-19 A RESOLUTION Authorizing the City Manager to Execute a Gift Agreement with Wintrust Bank for a Donation to the New Robert Crown Community Center WHEREAS, Wintrust Bank is a trusted name in banking and financial services since its establishment in 1991; and WHEREAS, Wintrust Bank has opened two branches within the City limits in the last two years; and WHEREAS, Wintrust Bank has demonstrated their dedication to the Evanston community by offering free financial literacy education classes through partnerships with the City and the Evanston Public Library; and WHEREAS, Wintrust Bank desires to support the community in meaningful and impactful ways; and WHEREAS, Wintrust Bank and the City of Evanston share the vision of providing high quality recreational and educational opportunities to the residents of this City at the new Robert Crown Community Center, NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to sign, and the City Clerk is hereby directed to attest on behalf of the City, the Gift Agreement with Wintrust Bank for donations to the new Robert Crown Community 462 of 921 - 2 - Center and Library (the “Agreement”), attached hereto as Exhibit 1 and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Agreement that he deems to be in the best interests of the City. SECTION 3: This resolution shall be in full force and effect from and after its passage and approval, in the manner provided by law. _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Adopted: __________________, 2019 Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 463 of 921 - 3 - EXHIBIT 1 GIFT AGREEMENT BETWEEN THE CITY OF EVANSTON AND WINTRUST BANK 464 of 921 ROBERT CROWN CENTER GIFT AGREEMENT City of Evanston This Gift Agreement (the “Agreement”) is made this ____ day of _______, 20__ by and among WINTRUST BANK, a subsidiary of Wintrust Financial Corporation, with offices at 70 W. Madison Street, Chicago, Illinois 60602 (hereinafter referred to as “Donor”), and the CITY OF EVANSTON, an Illinois home rule municipal corporation, with offices at 2100 Ridge Avenue, Evanston, Illinois 60201 (hereinafter referred to as “the City”). The Donor and the City agree as follows: 1. Donor Commitment. The Donor hereby pledges to the City the sum of Five Hundred Thousand and no/100 Dollars ($500,000.00) (“Gift”) which as provided for herein is designated for the benefit of the City of Evanston. 2. Donor Purpose. It is understood and agreed that the Gift will be used to fund the construction of a new modern sports and community center to replace the existing Robert Crown Community Center with athletic fields and a new branch library (the “Project”). 3. Gift Payment. The Gift is an irrevocable pledge that will be paid over a period of eight (8) years to the Friends of Robert Crown Center (“FRCC”). Donor may accelerate the payment of any or all of this pledge at any time in Donor’s discretion so long as the cumulative total of all gift payments meets the forgoing schedule. All donations are non- refundable unless otherwise specifically provided in this Agreement. 4. Acknowledgment. In recognition of the Donor’s generosity, the City will acknowledge the Gift by naming the [HS E Field (Field 3)] (“Facility”) “Wintrust Field” (“Naming”) and by naming the [multipurpose room 103] (“Facility”) “Wintrust Conference Room” (“Naming”). Attached as Exhibit “A” are drawings depicting the intended design, location and installation of the signage. The proposed naming must be mutually acceptable to the Donor and the City and must be approved in writing by both the Donor and the City Manager. Nothing herein shall be interpreted as requiring the City to undertake construction or commence any capital project without all required approvals. Before the Naming is erected, Donor shall demonstrate reasonable and timely pledge payments. After the Naming is affixed, Donor will continue pledge payments in accordance with the foregoing schedule. Subject to the terms of this Agreement, the Naming will last for fifteen (15) years from the date the construction of the Facility is completed. Donor will also be permitted to place an automated teller machine (“ATM”) within the lobby of the Project. 5. Termination of Naming. In addition to any rights and remedies available at law, the City may terminate this Agreement and all rights and benefits hereunder, including terminating the Naming: a. In the event of any default in payment of the Gift as provided in this Agreement, or 465 of 921 b. In the unlikely event the City determines in its reasonable and good faith opinion that circumstances have changed such that the Naming chosen by the Donor would adversely impact the reputation, image, or integrity of the City in the event of a continued association with the Donor and the continuation of the Naming provided for herein. Upon any such termination of this Agreement and/or Naming hereunder, the City shall have no further obligation or liability to the Donor and shall not be required to return any portion of the Gift already paid. The City, however, may in its sole and absolute discretion determine an alternative recognition for the portion of the Gift already received. 6. Modification of Naming. If during the useful life of the Facility, the Facility is transferred or conveyed from the City, closed, deconstructed, destroyed or severely damaged, significantly renovated, upgraded, or modified, relocated, or replaced, then the Naming will cease. In such event, however, the Donor, if available, and in consultation with and as agreed by the City, will have the right, for no additional payment, to have another available and equivalent location within the Facility named after the Donor. 7. Intent. It is the agreement of the parties and the intention and wish of the Donor that this Gift and any unpaid promised installment under this Agreement shall constitute the Donor’s binding obligation and shall be enforceable at law and equity including, without limitation, against the Donor and the Donor’s agents, successors and assigns. The Donor acknowledges that the City is relying, and shall continue to rely, on the Donor’s Gift being fully satisfied as set forth herein. 8. Nature of Commitment. Both parties agree and affirm that the Donor shall receive no goods or services for this contribution, other than the acknowledgment and recognition described herein. This contribution shall have no connection to any business relationship established at any time between the Donor and the City. 9. Entire Agreement. This Agreement contains the entire understanding of the parties with respect to the subject matter of the Agreement and is subject to the laws of the State of Illinois. This Agreement also supersedes all other agreements and understandings, both oral and written, between the parties relating to the subject matter of the Agreement. The captions inserted in this Agreement are for convenience only and in no way define, limit, or otherwise describe the scope or intent of this Agreement, or any provision hereof, or in any way affect the interpretation of this Agreement. 10. Amendment. By mutual consent of the City and the Donor or the Donor’s legally or duly appointed agent or attorney-in-fact, any provision of this Agreement may be amended, modified, or deleted. Any such changes, deletions or additions shall be recorded in written signed addenda, which shall form part of this Agreement. 466 of 921 11. Third Parties. Nothing herein expressed or implied is intended or shall be construed to give any person other than the parties hereto any rights or remedies under this Agreement. 12. No Waiver. The failure of any party to insist upon strict performance of any of the terms, covenants, or conditions hereof shall not be deemed a waiver of any rights or remedies which that party may have hereunder, at law or in equity and shall not be deemed a waiver of any subsequent breach or default in any of such terms, covenants, or conditions. 13. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Illinois without regard to any conflict of laws rule or principle that might refer the governance or construction of this Agreement to the laws of another jurisdiction. 14. Freedom of Information Act. This Agreement and all related public records maintained by, provided to or required to be provided to the City are subject to the Illinois Freedom of Information Act notwithstanding any provision to the contrary that may be found in this Agreement. 15. Severability. Except as otherwise provided herein, the invalidity or unenforceability of any particular provision, or part thereof, of this Agreement shall not affect the other provisions, and this Agreement shall continue in all respects as if such invalid or unenforceable provision had not been contained herein. 16. Savings Clause. If any provision of this Agreement, or the application of such provision, shall be rendered or declared invalid by a court of competent jurisdiction, or by reason of its requiring any steps, actions, or results, the remaining parts or portions of this Agreement shall remain in full force and effect. 17. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. A facsimile copy of a signature shall be as binding as an original signature. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written above by their respective officers thereunto duly authorized. WINTRUST BANK CITY OF EVANSTON A subsidiary of Wintrust Financial Corporation An Illinois home rule municipal corporation By:__________________________ By: ____________________________ Its: President Its: City Manager Print Name: William Lynch Print Name: Wally Bobkiewicz 467 of 921 Field 1 Field 2 Field 3 467a of 921 Powered by TCPDF (www.tcpdf.org) Powered by TCPDF (www.tcpdf.org) 467b of 921 Powered by TCPDF (www.tcpdf.org) Powered by TCPDF (www.tcpdf.org) 467c of 921 For City Council meeting of April 8, 2019 Item A25 Resolution 31-R-19, Gift Agreement for the Robert Crown Community Center For Action To: Honorable Mayor and Members of the City Council Members of the Administration and Public Works Committee From: Erika Storlie, Assistant City Manager/Administrative Services Director Michelle Masoncup, Corporation Counsel Subject: Resolution 31-R-19, Naming Rights Gift Agreement with Valli Produce Date: April 8, 2019 Recommended Action: Staff recommends City Council adoption of Resolution 31-R-19 authorizing the City Manager to execute a Gift Agreement with Valli Produce (1910 Dempster St, Evanston IL 60202) for naming rights to the lobby of the new Robert Crown Community Center. Funding Source: Crown Construction Fund (416.40.4160.56011 - Donations) Livability Benefit: Innovation & Process: Support Local Government Best Practices and Processes Summary: Valli Produce has generously donated $250,000 through the Friends of Robert Crown (FRCC) to support the construction of the new Robert Crown Community Center. In recognition of their donation the City will name the lobby of the new building “Valli Produce Fresh Market Lobby.” Additionally, a dasher board depicting the Valli Produce logo will be placed in Rink 1. A mock up of these two items is attached. Background: Valli Produce has been located in the Evanston Plaza Shopping Center at the intersection of Dempster and Dodge since 2015. In addition to being the anchor tenant they also own the plaza and have successfully leased it with many stores and service providers, contributing to the revitalization of the plaza and the surrounding neighborhood. Attachments: Ordinance 31-R-19 Gift Agreement with Valli Produce Memorandum 468 of 921 4/1/2019 31-R-19 A RESOLUTION Authorizing the City Manager to Execute a Gift Agreement with Valli Produce of Evanston, Inc. for the Donation to the New Robert Crown Community Center WHEREAS, Valli Produce of Evanston, Inc. (d/b/a “Valli Produce”) is located at 1910 Dempster Street and opened its doors for the Evanston location in 2015 and serves as the anchor commercial business of the Evanston Plaza Shopping Center and the surrounding neighborhood; and WHEREAS, Valli Produce is committed to offering quality products to its customers, including the many it serves in Evanston; and WHEREAS, a majority of Valli Produce employees are Evanston residents; and WHEREAS, the exemplary values of friendly service and hard work are shared by Valli Produce and City of Evanston; and WHEREAS, Valli Produce has generously donated to support the construction of the new Robert Crown Community Center, NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Manager is hereby authorized and directed to sign, and the City Clerk is hereby directed to attest on behalf of the City, the Gift Agreement with Valli Produce for donations to the new Robert Crown Community Center and 469 of 921 - 2 - Library (the “Agreement”), attached hereto as Exhibit 1 and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Agreement that he deems to be in the best interests of the City. SECTION 3: This resolution shall be in full force and effect from and after its passage and approval, in the manner provided by law. _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Adopted: __________________, 2019 Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 470 of 921 - 3 - EXHIBIT 1 GIFT AGREEMENT BETWEEN THE CITY OF EVANSTON AND VALLI PRODUCE 471 of 921 ROBERT CROWN CENTER GIFT AGREEMENT City of Evanston This Gift Agreement (the “Agreement”) is made this ____ day of _______, 20__ by and among VALLI PRODUCE OF EVANSTON, INC., with offices at 1910 Dempster Street, Evanston, Illinois 60202 (hereinafter referred to as “Donor”), and the CITY OF EVANSTON, an Illinois home rule municipal corporation, with offices at 2100 Ridge Avenue, Evanston, Illinois 60201 (hereinafter referred to as “the City”). The Donor and the City agree as follows: 1. Donor Commitment. The Donor hereby pledges to the City the sum of Two Hundred Fifty Thousand and no/100 Dollars ($250,000.00) (“Gift”) which as provided for herein is designated for the benefit of the City of Evanston. 2. Donor Purpose. It is understood and agreed that the Gift will be used to fund the construction of a new modern sports and community center to replace the existing Robert Crown Community Center with athletic fields and a new branch library (the “Project”). 3. Gift Payment. The Gift is an irrevocable pledge that will be paid over a period of fifteen (15) years to the Friends of Robert Crown Center (“FRCC”). Donor may accelerate the payment of any or all of this pledge at any time in Donor’s discretion so long as the cumulative total of all gift payments meets the forgoing schedule. All donations are non- refundable unless otherwise specifically provided in this Agreement. 4. Acknowledgment. In recognition of the Donor’s generosity, the City will acknowledge the Gift in the following ways: a. By naming the lobby (“Facility”) “Valli Produce Fresh Market Lobby” (“Naming”). Attached as Exhibit “A” are drawings depicting the intended design, location and installation of the signage. The proposed naming must be mutually acceptable to the Donor and the City and must be approved in writing by both the Donor and the City Manager. Nothing herein shall be interpreted as requiring the City to undertake construction or commence any capital project without all required approvals. Before the Naming is erected, Donor shall demonstrate reasonable and timely pledge payments. After the Naming is affixed, Donor will continue pledge payments in accordance with the foregoing schedule. Subject to the terms of this Agreement, the Naming will last for fifteen (15) years from the date the construction of the Facility is completed. b. By including Donor’s logo or other graphic (“Signage”) on Rink 1 3’ x 8’ Dasher Board Ad [1-12] (“Dasher Board”). Attached as Exhibit “A” are drawings depicting the intended design and installation of the Signage. The proposed Signage must be mutually acceptable to the Donor and the City and must be approved in writing by both the Donor and the City Manager. Nothing herein shall be interpreted as requiring the City to undertake construction or commence 472 of 921 any capital project without all required approvals. Before the Signage is erected, Donor shall demonstrate reasonable and timely pledge payments. After the Signage is affixed, Donor will continue pledge payments in accordance with the foregoing schedule. Subject to the terms of this Agreement, the Signage will last for one (1) year from the date the construction of the Facility is completed. c. By including the Valli Produce logo on either a digital screen or a wall in the lobby. Before the Naming is erected, Donor shall demonstrate reasonable and timely pledge payments. After the Naming is affixed, Donor will continue pledge payments in accordance with the foregoing schedule. Subject to the terms of this Agreement, the logo will last for fifteen (15) years from the date the construction of the Facility is completed. 5. Termination of Naming. In addition to any rights and remedies available at law, the City may terminate this Agreement and all rights and benefits hereunder, including terminating the Naming: a. In the event of any default in payment of the Gift as provided in this Agreement, or b. In the unlikely event the City determines in its reasonable and good faith opinion that circumstances have changed such that the Naming and/or Signage chosen by the Donor would adversely impact the reputation, image, or integrity of the City in the event of a continued association with the Donor and the continuation of the Naming and/or Signage provided for herein. Upon any such termination of this Agreement and/or Naming hereunder, the City shall have no further obligation or liability to the Donor and shall not be required to return any portion of the Gift already paid. The City, however, may in its sole and absolute discretion determine an alternative recognition for the portion of the Gift already received. 6. Modification of Naming. If during the useful life of the Facility, the Facility is transferred or conveyed from the City, closed, deconstructed, destroyed or severely damaged, significantly renovated, upgraded, or modified, relocated, or replaced, then the Naming will cease. In such event, however, the Donor, if available, and in consultation with and as agreed by the City, will have the right, for no additional payment, to have another available and equivalent location within the Facility named after the Donor. 7. Intent. It is the agreement of the parties and the intention and wish of the Donor that this Gift and any unpaid promised installment under this Agreement shall constitute the Donor’s binding obligation and shall be enforceable at law and equity including, without limitation, against the Donor and the Donor’s agents, successors and assigns. The Donor acknowledges that the City is relying, and shall continue to rely, on the Donor’s Gift being fully satisfied as set forth herein. 473 of 921 8. Nature of Commitment. Both parties agree and affirm that the Donor shall receive no goods or services for this contribution, other than the acknowledgment and recognition described herein. This contribution shall have no connection to any business relationship established at any time between the Donor and the City. 9. Entire Agreement. This Agreement contains the entire understanding of the parties with respect to the subject matter of the Agreement and is subject to the laws of the State of Illinois. This Agreement also supersedes all other agreements and understandings, both oral and written, between the parties relating to the subject matter of the Agreement. The captions inserted in this Agreement are for convenience only and in no way define, limit, or otherwise describe the scope or intent of this Agreement, or any provision hereof, or in any way affect the interpretation of this Agreement. 10. Amendment. By mutual consent of the City and the Donor or the Donor’s legally or duly appointed agent or attorney-in-fact, any provision of this Agreement may be amended, modified, or deleted. Any such changes, deletions or additions shall be recorded in written signed addenda, which shall form part of this Agreement. 11. Third Parties. Nothing herein expressed or implied is intended or shall be construed to give any person other than the parties hereto any rights or remedies under this Agreement. 12. No Waiver. The failure of any party to insist upon strict performance of any of the terms, covenants, or conditions hereof shall not be deemed a waiver of any rights or remedies which that party may have hereunder, at law or in equity and shall not be deemed a waiver of any subsequent breach or default in any of such terms, covenants, or conditions. 13. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Illinois without regard to any conflict of laws rule or principle that might refer the governance or construction of this Agreement to the laws of another jurisdiction. 14. Freedom of Information Act. This Agreement and all related public records maintained by, provided to or required to be provided to the City are subject to the Illinois Freedom of Information Act notwithstanding any provision to the contrary that may be found in this Agreement. 15. Severability. Except as otherwise provided herein, the invalidity or unenforceability of any particular provision, or part thereof, of this Agreement shall not affect the other provisions, and this Agreement shall continue in all respects as if such invalid or unenforceable provision had not been contained herein. 16. Savings Clause. If any provision of this Agreement, or the application of such provision, shall be rendered or declared invalid by a court of competent jurisdiction, or by reason of 474 of 921 its requiring any steps, actions, or results, the remaining parts or portions of this Agreement shall remain in full force and effect. 17.Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. A facsimile copy of a signature shall be as binding as an original signature. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written above by their respective officers thereunto duly authorized. VALLI PRODUCE OF EVANSTON, INC. CITY OF EVANSTON An Illinois home rule municipal corporation By:__________________________ By: ____________________________ Its: President Its: City Manager Print Name: Carmine Presta Print Name: Wally Bobkiewicz 475 of 921 475a of 921 475b of 921 475c of 921 For City Council meeting of April 8, 2019 Items A26 -A27 Resolution 35-R-19, Amending City of Evanston Budget Policy For Action Ordinance 27-O-19: 2019 A&B General Obligation Bond Issues For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Hitesh Desai, Chief Financial Officer Kate Lewis-Lakin, Budget Coordinator Subject: Ordinance 27-O-19 Authorizing 2019 A&B General Obligation Bond Issues and Resolution 35-R-19 Increasing Debt Limit Date: April 8, 2019 Recommended Action: Staff recommends introduction of Ordinance 27-O-19 providing for the issuance of one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center and one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019B, for capital improvements, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, and authorizing and directing the sale of said bonds at public competitive sale. The ordinance will be adopted and signed at the City Council meeting on April 22, 2019. The final terms of the bonds will be approved by the Designated Officers under the ordinance after the bond sale, which is scheduled for May 16, 2019, by completion of the bond order as authorized by the bond ordinance. Staff also recommends approval of Resolution 35-R-19, increasing the current debt limit from $150,000,000 to $160,000,000 to cover the proposed 2019 A&B bond issues and any unexpected changes. As discussed in this memo, unabated debt is estimated to be slightly over $150,000,000 at the end of 2019 including the proposed 2019 issues. Funding Source: The debt service for 2019A Bonds will be paid out from various sources including funds raised by Friends of Robert Crown and a variety of existing or new revenue sources including the tax levy. Memorandum 476 of 921 The debt service for 2019B bonds will be paid out of the future tax levy as well as Water Fund and Sewer Fund revenues as these bonds are issued to provide the funding for the general capital improvements, library improvements, and water and sewer infrastructure projects. Livability Benefits: Innovation & Process: Support Local Government Practices and Processes Summary: Staff recommends introduction of Ordinance 27-O-19 for the 2019 A&B bond issues. As in previous years, the City uses a parameters ordinance that provides a not-to-exceed limit for the bonds set at $18,000,000 for the 2018A issue and $18,000,000 for the 2018B issue. This allows for any favorable issuance structure that is slightly different than the par amount desired. The City plans to receive $15,000,000 in project funds for the 2019A issue and $15,000,000 in project funds for the 2019B issue. The final amount of bonds issued may vary based on the actual bid responses. 2019A Issue – Robert Crown Center The 2019A General Obligation Bond issue funds will be used to fund the Robert Crown Community Center, Ice Complex, and Library Project. The City plans to receive $15,000,000 in bond proceeds to be used for construction costs on the project. The Friends of Robert Crown will give a donation of $5 million prior to June 2019 for construction costs on the project, with an additional $1 million to be received prior to March 2020. In 2018, the City issued approximately $25 million in G.O. bonds for the project. The total amount of bonds issued for the project in the 2018 and 2019 issues is $40,000,000. The City held a Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) hearing on June 25, 2018 for the amount of not to exceed $50,000,000 in General Obligation Bonds for the purpose of the Robert Crown Center Project. This hearing was required as a part of issuing the bonds as 501(c)(3) bonds, which allows the City-owned center to be used by 501(c)(3) organizations, including sports and community programming groups. Because the total with the 2019A issue falls within this $50,000,000, no additional TEFRA hearing is required for the 2019A issue. 2019B Issue The 2019B General Obligation Bond issue funds will be used for general capital projects, library improvements and water and sewer infrastructure projects. A summary of the amounts per project area is shown in the table below, with the full project list included in Attachment 1. The City expects to receive $15,000,000 in project funds from the 2019B issue. 477 of 921 2019B Bond Summary Major Projects $ 1,000,000 Other Transportation $ 3,951,000 Parks $ 1,045,000 Facilities $ 2,715,000 Miscellaneous $ 524,000 TOTAL 2019 General Capital Projects $ 9,235,000 Library Fund $ 1,835,000 Water Fund $ 2,930,000 Sewer Fund $ 1,000,000 TOTAL 2019B GO Bonds $ 15,000,000 Capital Improvement Program The FY 2019 Capital Improvement Program (CIP) contains a detailed list of projects funded by general obligation bonds, and based on revised estimates the specific project funding is listed as Attachment 1 to this report. Library Fund The 2019B bond issue includes $1,835,000 in general obligation debt for Library projects as detailed in Attachment 2. This includes $1,250,000 for the library branch at the new Robert Crown Center. The library issued $1,250,000 in bonds for this branch in 2018, and this 2019 bond is the final amount to be issued by the library towards the project. Water Fund The 2019B bond issue includes $2,930,000 in general obligation debt for water infrastructure projects. The debt service on these bonds will not impact the general tax levy as principal and interest will be abated by payments from the Water Fund each year. Sewer Fund The 2019B bond issue includes $1,000,000 in general obligation debt for sewer infrastructure work at the Crown Center site. The debt service on these bonds will not impact the general tax levy as principal and interest will be abated by payments from the Sewer Fund each year. Debt Limit A summary of the City’s current unabated principal debt and the impact of the proposed G.O. bond issuance are provided in the table below. Unabated debt is debt that is paid for by the property tax levy. Abated debt is paid from other sources, including enterprise funds or TIF Funds. 478 of 921 Unabated General Obligation Debt Unabated Principal as of 01/01/2019 $ 134,525,872 Proposed 2019 A&B Bonds – unabated principal $ 23,275,000 2019 payment $ ( 7,219,250) Total Unabated Debt as of 12/31/2019 $ 150,581,622 From the proposed 2019 A&B bond issues, the amounts for the Robert Crown Center Project, general CIP projects, and library projects are considered unabated. The amounts for the Water and Sewer Fund projects that will be supported by those funds are considered abated. The City’s unabated General Obligation debt limit was increased to $150,000,000 in aggregate principal amount by Resolution 42-R-18 passed on June 25, 2018. This is a self-imposed limit, as Illinois state law does not have set limits on debt for home rule municipalities. Staff recommends adoption of Resolution 35-R-19 to increase the unabated General Obligation debt limit to $160,000,000 to encompass the needs for this final round of funding for the project. This allows for any unexpected issuance structure that is different than the current projected principal amount. Attachments 1. Resolution 35-R-19 Amending the City of Evanston Budget Policy 2. List of 2019 Debt Funded CIP Projects 3. 2019 Bond Ordinance 27-O-19 4. Preliminary Official Statement for 2019 Bonds 479 of 921 Attachment 1 35-R-19 A RESOLUTION Amending the City of Evanston Budget Policy WHEREAS, the City of Evanston, Cook County, Illinois (the "City") has adopted a Budget Policy (the "Budget Policy") pursuant to the proceedings of December 18, 2000; and WHEREAS, a paragraph of the Budget Policy, relating to the Debt Service Fund, must be amended to accommodate current needs of the City and the recommendations of the City's bond counsel, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The Budget Policy is hereby amended to read as follows: Debt Service Fund. General Obligation Debt of the City means debt (viz., bonds) for which an unlimited real property tax levy is made or pledged for payment. General Obligation Debt shall be allocated into two categories. Self- Supporting General Obligation Debt shall mean General Obligation Debt which, at the time of issuance, is expected and intended by the Treasurer to be payable out of a source of funds other than the City’s general real property tax levy, thus permitting the abatement and avoidance of the property tax levy to pay such bonds; examples of Self Supporting General Obligation Debt include (without limitation) bonds payable from the Water Fund or the Sewer Fund, bonds payable from special assessments, bonds payable from tax increment financing areas, and bonds payable from Motor Fuel Taxes. Tax Supported General Obligation Debt shall mean all other General Obligation Debt, which is expected and intended to be paid from a general real property tax levy. General Obligation Debt shall not include any obligation of the City not denominated a bond, including, without limitation, short term notes or warrants or other obligations which the City may issue from time to time for various purposes and to come due within three (3) years of issuance. General Obligation Debt does not include bonds which have been refunded or decreased and which, as a consequence of same, are provided for from a dedicated source of funds or investments. Self- Supporting General Obligation Debt shall not be limited by this Budget Policy. Tax Supported General Obligation Debt shall not exceed $150,000,000 $160,000,000 in aggregate principal amount, which limit is expressly subject to 480 of 921 35-R-19 ~2~ increase from time to time by action of the City Council as the needs of the City may grow. General Obligation Debt issued as so-called zero coupon bonds or capital appreciation bonds shall be counted as debt in the original principal amount issued. The Treasurer shall at all times keep a book or record of all General Obligation Debt and its proper allocation. The Treasurer’s statements as to the allocation of General Obligation Debt into these two categories shall be conclusive. Notwithstanding this statement of policy, all bonds or other obligations by whatever name designated of the City duly authorized to be issued by the City Council shall be valid and legally binding as against the City, and there shall be no defense of the City as against any bondholder or other obligation holder on the basis of this policy. SECTION 2: This resolution shall be effective immediately, and the Budget Policy shall be accordingly restated. SECTION 3: This resolution may only be amended by subsequent resolution or ordinance as adopted by the City Council. SECTION 4: All motions, resolutions and orders, or parts thereof, in conflict herewith, are, to the extent of such conflict, hereby repealed. _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Adopted: __________________, 2019 Approved to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 481 of 921 City of Evanston 2019 Adopted Capital Improvement Program Project Title FY 2019 GO Bond MAJOR PROJECTS Main Street, McDaniel to Hartrey - Engr Svcs 100,000$ Main Street, McDaniel to Hartrey - Const 900,000$ TOTAL STREETS, SEWER, WATER MAIN PROJECTS 1,000,000$ OTHER TRANSPORTATION Major Projects Bridge Inspection 10,000$ Central Street Bridge Engr, Phase III 60,000$ Central Street Bridge Construction 500,000$ Ridge Avenue Signal Study 175,000$ Traffic Signals - Emerson @ Maple/Elgin/Benson/Dodge - Const 1,250,000$ Traffic Signals - Emerson @ Maple/Elgin/Benson/Dodge - Engr Svcs 56,000$ Annual Projects General Phase I Engineering 20,000$ Street Impr Program (Lighting, Pavement Marking)210,000$ Street Patching Program 600,000$ Street Rejunvenation Pilot 100,000$ Tallmadge Light Pole Mold Creation 70,000$ Traffic Calming, Bicycle and Ped Improvements 300,000$ Viaduct Improvement - Emerson/Ridge/GB 350,000$ Alley Improvements North of Simpson, East of McDaniel 250,000$ TOTAL TRANSPORTATION PROJECTS 3,951,000$ PARKS Garden Park - Const 500,000$ Lovelace Park - Tennis Court Rehab 250,000$ McCullogh Park - Design Engr Svcs 100,000$ Misc Park Improvements (Ackerman/Harbert/Cartwright)120,000$ Parks Contingency 75,000$ TOTAL PARKS PROJECTS 1,045,000$ Attachment 2 482 of 921 City of Evanston 2019 Adopted Capital Improvement Program Project Title FY 2019 GO Bond FACILITIES Chander - Electrical/HVAC - Engr Svcs Chandler - Fire Panel Replacement 30,000$ Chandler - HVAC Improvements - Constr 530,000$ Chandler - Roof Replacement 225,000$ Civic Center - HVAC Improvements - Design Engr Svcs 250,000$ Energy Efficiency Improvements 50,000$ Facilities Contingency 45,000$ Fire Station 1&4 - Bunkroom Improvements 150,000$ Fire Station 2 - Emergency Generator Rehabilitation 50,000$ Fire Station 3 - HVAC Improvements 75,000$ Levy - BAS Upgrade 30,000$ Levy - HVAC Improvements - Constr 350,000$ Levy/Police Fire HQ - HVAC Improvements - Engr Svcs 40,000$ Noyes - HVAC Study 100,000$ Police Fire HQ - Emergency Generator Replacement 160,000$ Police Fire HQ - HVAC Improvements (RTU 1)250,000$ Service Center - HVAC Study (Bldgs A & D)125,000$ TOTAL FACILITIES PROJECTS 2,460,000$ MISCELLANEOUS Emergency Siren System Replacement 175,000$ IT - Network Switch Reliability 78,000$ Public Art 26,000$ In-House Engineering Services 500,000$ TOTAL MISCELLANEOUS PROJECTS 779,000$ LIBRARY Main Library - Building Electrical Upgrades 70,000$ Main Library - Building Life Safety Upgrades (Audio)125,000$ Main Library - Building Ventilation Upgrades 50,000$ Main Library - Building Fire System Upgrades (code required)160,000$ Main Library - Building HVAC/Storm Pump Upgrade 70,000$ Main Library - Building Lift Equipment Upgrades (elevators)50,000$ Main Library - Building Interiors/Exteriors (paint, trees, roof maint)30,000$ North Branch - North Branch Building Plumbing Upgrades 10,000$ North Branch - Life Safety Upgrades 20,000$ Contribution to Robert Crown Community Center Library 1,250,000$ TOTAL LIBRARY PROJECTS 1,835,000$ Attachment 2 483 of 921 City of Evanston 2019 Adopted Capital Improvement Program Project Title FY 2019 GO Bond WATER FUND Main Street, Maple to Hinman Design Engr Ph I/II 120,000$ WM - Isabella, Prairie to Green Bay Road 330,000$ WM - Emerson, Dodge to Ashland 800,000$ WM - Hartrey, Dobson to Brummel 100,000$ WM - Hartrey, Main to Washington 420,000$ WM - Cowper, Harrison to Central 470,000$ WM - Lincolnwood, Park Place to Isabella 450,000$ WM - Payne, Darrow to Dewey 240,000$ TOTAL WATER PROJECTS 2,930,000$ SEWER FUND Sewer - Robert Crown Stormwater Detention 1,000,000$ TOTAL SEWER PROJECTS 1,000,000$ SUMMARY FY 2019 GO Bond Major Projects 1,000,000$ Other Transportation 3,951,000$ Parks 1,045,000$ Facilities 2,460,000$ Miscellaneous 779,000$ TOTAL 2019 City Projects 9,235,000$ Library Fund 1,835,000$ Water Fund 2,930,000$ Sewer Fund 1,000,000$ TOTAL 2019 CIP 15,000,000$ Attachment 2 484 of 921 3. bond ordinance - parameters 4834-3245-4025 v5 2270718 ORDINANCE NUMBER 27-O-19 AN ORDINANCE providing for the issuance of one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center and one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019B, for capital improvements, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, and authorizing and directing the sale of said bonds at public competitive sale. 485 of 921 -2- Introduced on the 8th day of April, 2019. Adopted by the City Council on the 22nd day of April, 2019. Published in Pamphlet Form by Authority of the Corporate Authorities on the 22nd day of April, 2019. 486 of 921 -i- TABLE OF CONTENTS SECTION HEADING PAGE Preambles ..................................................................................................................................................... 1 SECTION 1. DEFINITIONS ............................................................................................................ 4 SECTION 2. INCORPORATION OF PREAMBLES .............................................................................. 8 SECTION 3. DETERMINATION TO ISSUE BONDS ............................................................................ 8 SECTION 4. BOND DETAILS. ........................................................................................................ 9 SECTION 5. REGISTRATION OF BONDS; PERSONS TREATED AS OWNERS ...................................... 11 SECTION 6. BOOK-ENTRY PROVISIONS ...................................................................................... 12 SECTION 7. EXECUTION; AUTHENTICATION ............................................................................... 14 SECTION 8. REDEMPTION ......................................................................................................... 15 SECTION 9. FORM OF BONDS .................................................................................................... 21 SECTION 10. SECURITY FOR THE BONDS ...................................................................................... 28 SECTION 11. TAX LEVY; ABATEMENTS ......................................................................................... 28 SECTION 12. FILING WITH COUNTY CLERK ................................................................................... 29 SECTION 13. SALE OF BONDS; BOND ORDER(S); OFFICIAL STATEMENT ......................................... 30 SECTION 14. CONTINUING DISCLOSURE UNDERTAKING ............................................................... 31 SECTION 15. CREATION OF FUNDS AND APPROPRIATIONS ........................................................... 32 487 of 921 -ii- SECTION 16. NON-ARBITRAGE AND TAX-EXEMPTION .................................................................. 34 SECTION 17. REIMBURSEMENT ................................................................................................... 35 SECTION 18. MUNICIPAL BOND INSURANCE ................................................................................ 35 SECTION 19. RIGHTS AND DUTIES OF BOND REGISTRAR ............................................................... 36 SECTION 20. DEFEASANCE .......................................................................................................... 37 SECTION 21. RECORD-KEEPING POLICY AND POST-ISSUANCE COMPLIANCE MATTERS ................... 38 SECTION 22. PUBLICATION OF ORDINANCE ................................................................................. 38 SECTION 23. SEVERABILITY ......................................................................................................... 39 SECTION 24. SUPERSEDER AND EFFECTIVE DATE.......................................................................... 40 LIST OF EXHIBITS A—FORM OF BOND ORDER B—CONTINUING DISCLOSURE UNDERTAKING 488 of 921 ORDINANCE NUMBER 27-O-19 AN ORDINANCE providing for the issuance of one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center and one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019B, for capital improvements, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, and authorizing and directing the sale of said bonds at public competitive sale. PREAMBLES WHEREAS A. The City of Evanston, Cook County, Illinois (the “City”), has a population in excess of 25,000, and pursuant to the provisions of the 1970 Constitution of the State of Illinois and particularly Article VII, Section 6(a) thereof, is a home rule unit and as such may exercise any power or perform any function pertaining to its government and affairs, including, but not limited to, the power to tax and to incur debt. B. Pursuant to the home rule provisions of Section 6 of Article VII, the City has the power to incur debt payable from ad valorem property tax receipts or from any other lawful source and maturing within 40 years from the time it is incurred without prior referendum approval. C. The City Council of the City (the “Corporate Authorities”) has determined it is necessary and convenient for the public health, safety, and welfare to finance a portion of the costs of the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center, and to pay expenses incidental to same, including costs of issuance of bonds for such purpose 489 of 921 -2- (such construction, equipment and related expenses and costs being the “Robert Crown Project”) at an estimated cost of approximately $18,000,000; and, there being insufficient on hand and allocable to the purpose, the Corporate Authorities have determined it is necessary and convenient to borrow not to exceed said sum of $18,000,000 at this time pursuant to the Act (as hereinafter defined) and, in evidence of such borrowing, to issue general obligation bonds of the City (the “2019A Bonds” as hereinafter further defined) for such purpose in not to exceed such principal amount. D. The Corporate Authorities have determined it is necessary and convenient for the public health, safety, and welfare to provide for capital improvements at various locations throughout the City, including certain capital expenditures as detailed for the year 2019 in the City’s Capital Improvement Plan, as adopted and amended from time to time by the Corporate Authorities, and to pay expenses incidental to such improvements and costs of issuance of bonds for such purpose (such improvements and related expenses and costs being the “Capital Improvement Project”) at an estimated cost of approximately $18,000,000; and, there being no funds on hand and allocable to the purpose, the Corporate Authorities have determined it is necessary and convenient to borrow not to exceed said sum of $18,000,000 at this time pursuant to the Act and, in evidence of such borrowing, to issue general obligation bonds of the City (the “2019B Bonds” as hereinafter further defined) for such purpose in not to exceed such principal amount. 490 of 921 -3- E. The Corporate Authorities have heretofore and it hereby expressly is determined that it is desirable and in the best interests of the City that there be authorized at this time the borrowing of money for the Robert Crown Project and the Capital Improvement Project and, in evidence of such borrowing, the issuance of bonds of the City, and that certain officers of the City be authorized to sell the 2019A Bonds and the 2019B Bonds and, accordingly, it is necessary that said officers be so authorized within certain parameters as hereinafter set forth. F. Pursuant to the provisions of Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), the City published notice of a public hearing on the proposal to issue not to exceed $50,000,000 in aggregate principal amount of bonds for the purpose of financing the costs of the Robert Crown Project (the “TEFRA Hearing”) in the Chicago Tribune on the 1st day of June, 2018, being not less than 14 and not more than 30 days before the date of the TEFRA Hearing. G. On the 25th day of June, 2018, the Corporate Authorities, being the elected legislative body of the City and the applicable elected representative required to approve the issuance of said bonds within the meaning of Section 147(f) of the Code, conducted the TEFRA Hearing. H. On the 9th day of July, 2018, the Corporate Authorities, being the elected legislative body of the City and the applicable elected representative required to approve the issuance of said bonds within the meaning of Section 147(f) of the Code, approved, confirmed and ratified the publication of the notice of and the conduct of the TEFRA Hearing pursuant to Section 147(f) of the Code and the proposed plan of the financing of the Robert Crown Project through the issuance of the said bonds, as required by Section 147(f) of the Code, constituting the public approval of the said bonds for purposes of Section 147(f) of the Code. 491 of 921 -4- I. On the 7th day of August, 2018, the City issued $24,385,000 General Obligation Corporate Purpose Bonds, Series 2018A, for the purpose of financing a portion of the Robert Crown Project, leaving approximately $25,000,000 of TEFRA authority remaining. NOW THEREFORE Be It Ordained by the City Council of the City of Evanston, Cook County, Illinois, in the exercise of its home rule powers, as follows: Section 1. Definitions. Words and terms used in this Ordinance shall have the meanings given them, unless the context or use clearly indicates another or different meaning is intended. Words and terms defined in the singular may be used in the plural and vice-versa. Reference to any gender shall be deemed to include the other and also inanimate persons such as corporations, where applicable. A. The following words and terms are as defined in the preambles. Capital Improvement Project City Code Corporate Authorities Robert Crown Project B. The following words and terms are defined as set forth. “2019A Bonds” means the General Obligation Corporate Purpose Bonds, Series 2019A, authorized to be issued by this Ordinance. 492 of 921 -5- “2019B Bonds” means the General Obligation Corporate Purpose Bonds, Series 2019B, authorized to be issued by this Ordinance. “Act” means the Illinois Municipal Code, as supplemented and amended, and also the home rule powers of the City under Section 6 of Article VII of the Illinois Constitution of 1970; and in the event of conflict between the provisions of said Municipal Code and home rule powers, the home rule powers shall be deemed to supersede the provisions of said Municipal Code; and, further, includes the Local Government Debt Reform Act, as amended. “Ad Valorem Property Taxes” means the real property taxes levied to pay the Bonds as described and levied in Section 11 of this Ordinance. “Bond Counsel” means Chapman and Cutler LLP, Chicago, Illinois. “Bond Funds” means the Bond Funds established and defined in Section 15 of this Ordinance. “Bond Moneys” means the Ad Valorem Property Taxes and any other moneys deposited into the Bond Funds and investment income held in the Bond Funds. “Bond Order” means each Bond Order as authorized to be executed by Designated Officers of the City as provided in Section 13 of this Ordinance, substantially in the form attached hereto as Exhibit A, and by which the final terms of the Bonds described therein will be established. “Bond Purchase Agreement” means the contract for the sale of each Series of the Bonds by and between the City and the Purchaser, which shall be in each instance the Official Bid Form, as executed, in response to an Official Notice of Sale given by the City in connection with the public competitive sale of each Series of the Bonds. 493 of 921 -6- “Bond Register” means the books of the City kept by the Bond Registrar to evidence the registration and transfer of the Bonds, as provided in this Ordinance. “Bond Registrar” means the bank, trust company, or national banking association to be designated in the Bond Order, or its successors, in its capacity as bond registrar and paying agent under this Ordinance, or a substituted bond registrar and paying agent as hereinafter provided. “Bonds” means any of the one or more series of general obligation bonds of various names authorized to be issued by this Ordinance, including, specifically, the 2019A Bonds and the 2019B Bonds. “Book-Entry Form” means the form of the Bonds as fully registered and available in physical form only to the Depository. “Continuing Disclosure Undertaking” means the undertaking by the City for the benefit of the Purchaser as authorized in Section 14 of this Ordinance and substantially in the form as attached hereto as Exhibit B. “County” means The County of Cook, Illinois. “County Clerk” means the County Clerk of the County. “Dated Date” means the dated date for each Series of Bonds, as set forth in the relevant Bond Order. “Depository” means The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York, its successors, or a successor depository qualified to clear securities under applicable state and federal laws. 494 of 921 -7- “Designated Officers” means any two of the following: the Mayor, City Clerk, Treasurer/Chief Financial Officer, or City Manager, or successors or assigns, or any of them acting together; provided, however, that one such officer must be an elected officer. “Financial Advisors” means PFM Financial Advisors LLC and Independent Public Advisors, LLC. “Ordinance” means this Ordinance, numbered as set forth on the title page, and passed by the Corporate Authorities on the 22nd day of April, 2019. “Purchase Price” means the price to be paid for the Bonds as set forth in a Bond Order, provided that no Purchase Price for any Series of Bonds shall be less than 99.0% of the par value of said Series of Bonds, plus accrued interest (if any) from the date of issue to the date of delivery. “Purchaser” means, for any Series of Bonds, the winning bidder or syndicate at competitive sale. “Record Date” means the 15th day of the month preceding any regular or other interest payment date occurring on the first day of any month and 15 days preceding any interest payment date occasioned by the redemption of Bonds on other than the first day of a month. “Series” means any of the one or more separate series of the Bonds authorized to be issued pursuant to this Ordinance. “Taxable” means, with respect to a Series of Bonds, the status of interest paid and received thereon as includible in gross income of the owners under the Code for federal income tax purposes. 495 of 921 -8- “Tax-exempt” means, with respect to a Series of Bonds, the status of interest paid and received thereon as excludable from gross income of the owners thereof for federal income tax purposes and as not included as an item of tax preference in computing the alternative minimum tax for individuals and corporations under the Code, but as taken into account in computing an adjustment used in determining the federal alternative minimum tax for certain corporations. “Taxable Bonds” means the Bonds so designated in the Bond Order. “Tax-exempt Bonds” means the Bonds so designated in the Bond Order. “Term Bonds” means Bonds subject to mandatory redemption by operation of the Bond Fund and designated as term bonds in the Bond Order. C. Definitions also appear in the above preambles or in specific sections, as appearing below. The table of contents preceding and the headings in this Ordinance are for the convenience of the reader and are not a part of this Ordinance. Section 2. Incorporation of Preambles. The Corporate Authorities hereby find that all of the recitals contained in the preambles to this Ordinance are true, correct, and complete and do incorporate them into this Ordinance by this reference. Section 3. Determination to Issue Bonds. It is necessary and in the best interests of the City to provide for the Robert Crown Project and the Capital Improvement Project, to pay all necessary or advisable related costs, and to borrow money and issue the Bonds for the purpose of paying such costs. It is hereby found and determined that such borrowing of money is for a proper public purpose or purposes, is in the public interest, and is authorized pursuant to the Act; and these findings and determinations shall be deemed conclusive. 496 of 921 -9- Section 4. Bond Details. A. THE 2019A BONDS. There shall be issued and sold the 2019A Bonds in one or more Series in the aggregate principal amount of not to exceed $18,000,000. The 2019A Bonds shall each be designated “General Obligation Corporate Purpose Bond, Series 2019A” or such other name or names or series designations as may be appropriate and as stated in the relevant Bond Order; be dated the date of issuance thereof or such other Dated Date on or prior to the initial date of issuance as may be set forth in the relevant Bond Order if it is determined therein to be a date better suited to the advantageous marketing of the 2019A Bonds; and shall also bear the date of authentication thereof. The 2019A Bonds shall be fully registered and in Book-Entry Form, shall be in denominations of $5,000 or integral multiples thereof (but no single 2019A Bond shall represent principal maturing on more than one date), and shall be numbered consecutively within a Series in such fashion as shall be determined by the Bond Registrar. The 2019A Bonds shall become due and payable serially or as Term Bonds (subject to right of prior redemption if so provided in the Bond Order) on December 1 of the years in which the 2019A Bonds are to mature. The 2019A Bonds shall mature in the amounts and in the years as shall be set forth in the relevant Bond Order, provided, however, that (a) the final date of maturity of the 2019A Bonds shall not extend past December 1, 2043, and (b) the sum of the principal of and interest on the 2019A Bonds that shall become due (or subject to mandatory redemption) in any given annual period from December 2 to the following December 1 (a “Bond Year”) shall not exceed $2,000,000. Each 2019A Bond shall bear interest at a rate not to exceed 7.0% from the later of its Dated Date or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of such 2019A Bond is paid or duly provided for, such interest (computed upon the basis of a 360-day year of twelve 30-day months) being payable on June 1 and December 1 of each year, commencing not earlier than December 1, 2019, or such other June 1 or December 1 not later than one year beyond the Dated Date as shall be provided in a relevant Bond 497 of 921 -10- Order. The 2019A Bonds may be issued as Tax-exempt Bonds, Taxable Bonds or some combination thereof, as designated in the relevant Bond Order. B. THE 2019B BONDS. There shall be issued and sold the 2019B Bonds in one or more Series in the aggregate principal amount of not to exceed $18,000,000. The 2019B Bonds shall each be designated “General Obligation Corporate Purpose Bond, Series 2019B” or such other name or names or series designations as may be appropriate and as stated in the relevant Bond Order; be dated the date of issuance thereof or such other Dated Date on or prior to the initial date of issuance as may be set forth in the relevant Bond Order if it is determined therein to be a date better suited to the advantageous marketing of the 2019B Bonds; and shall also bear the date of authentication thereof. The 2019B Bonds shall be fully registered and in Book-Entry Form, shall be in denominations of $5,000 or integral multiples thereof (but no single 2019B Bond shall represent principal maturing on more than one date), and shall be numbered consecutively within a Series in such fashion as shall be determined by the Bond Registrar. The 2019B Bonds shall become due and payable serially or as Term Bonds (subject to right of prior redemption if so provided in the Bond Order) on December 1 of the years in which the 2019B Bonds are to mature. The 2019B Bonds shall mature in the amounts and in the years as shall be set forth in the relevant Bond Order, provided, however, that (a) the final date of maturity of the 2019B Bonds shall not extend past December 1, 2039 and (b) the sum of the principal of and interest on the 2019B Bonds that shall become due (or subject to mandatory redemption) in any given Bond Year shall not exceed $2,000,000. Each 2019B Bond shall bear interest at a rate not to exceed 7.0% from the later of its Dated Date or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of such 2019B Bond is paid or duly provided for, such interest (computed upon the basis of a 360-day year of twelve 30-day months) being payable on June 1 and December 1 of each year, commencing not earlier than December 1, 2019, or such other June 1 or December 1 not later than one year beyond the Dated Date as shall be provided in 498 of 921 -11- a relevant Bond Order. The 2019B Bonds may be issued as Tax-exempt Bonds, Taxable Bonds or some combination thereof, as designated in the relevant Bond Order. C. GENERAL. Interest on each Bond shall be paid by check or draft of the Bond Registrar, payable upon presentation thereof in lawful money of the United States of America, to the person in whose name such Bond is registered at the close of business on the applicable Record Date and mailed to the registered owner of the Bond as shown in the Bond Registrar or at such other address furnished in writing by such Registered Owner, or as otherwise may be agreed with the Depository for so long as the Depository or its nominee is the registered owner as of a given Record Date. The principal of the Bonds shall be payable in lawful money of the United States of America upon presentation thereof at the office of the Bond Registrar maintained for the purpose. Section 5. Registration of Bonds; Persons Treated as Owners. The City shall cause the Bond Register to be kept at the office of the Bond Registrar maintained for such purpose, which is hereby constituted and appointed the registrar of the City for the Bonds. The City shall prepare, and the Bond Registrar or such other agent as the City may designate shall keep custody of, multiple Bond blanks executed by the City for use in the transfer and exchange of Bonds. Subject to the provisions of this Ordinance relating to the Bonds in Book-Entry Form, any Bond may be transferred or exchanged, but only in the manner, subject to the limitations, and upon payment of the charges as set forth in this Ordinance. Upon surrender for transfer or exchange of any Bond at the office of the Bond Registrar maintained for the purpose, duly endorsed by or accompanied by a written instrument or instruments of transfer or exchange in form satisfactory to the Bond Registrar and duly executed by the registered owner or an attorney for such owner duly authorized in writing, the City shall execute and the Bond Registrar shall authenticate, date, and deliver in the name of the transferee or transferees or, in the case of an exchange, the registered owner, a new fully registered Bond or Bonds of like Series and tenor, of the same maturity, bearing the same interest rate, of authorized denominations, for a like 499 of 921 -12- aggregate principal amount. The Bond Registrar shall not be required to transfer or exchange any Bond during the period from the close of business on the Record Date for an interest payment to the opening of business on such interest payment date or during the period of 15 days preceding the giving of notice of redemption of Bonds or to transfer or exchange any Bond all or any portion of which has been called for redemption. The execution by the City of any fully registered Bond shall constitute full and due authorization of such Bond, and the Bond Registrar shall thereby be authorized to authenticate, date and deliver such Bond; provided, however, the principal amount of Bonds of each Series and maturity authenticated by the Bond Registrar shall not at any one time exceed the authorized principal amount of Bonds for such Series and maturity less the amount of such Bonds which have been paid. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of the principal of or interest on any Bond shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. No service charge shall be made to any registered owner of Bonds for any transfer or exchange of Bonds, but the City or the Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of Bonds, except in the case of the issuance of a Bond or Bonds for the unredeemed portion of a Bond surrendered for redemption. Section 6. Book-Entry Provisions. The Bonds shall be initially issued in the form of a separate single fully registered Bond for each of the maturities of each of the Series of the Bonds. Upon initial issuance, the ownership of each such Bond shall be registered in the Bond Register in the name of the Depository or a designee or nominee of the Depository (such depository or nominee being the “Book-Entry Owner”). Except as otherwise expressly provided, all of the outstanding Bonds from time to time shall be registered in the Bond Register in the name of the Book-Entry Owner (and accordingly 500 of 921 -13- in Book-Entry Form as such term is used in this Ordinance). Any City officer, as representative of the City, is hereby authorized, empowered, and directed to execute and deliver or utilize a previously executed and delivered Letter of Representations or Blanket Letter of Representations (either being the “Letter of Representations”) substantially in the form common in the industry, or with such changes therein as the officer executing the Letter of Representations on behalf of the City shall approve, his or her execution thereof to constitute conclusive evidence of approval of such changes, as shall be necessary to effectuate Book-Entry Form. Without limiting the generality of the authority given with respect to entering into such Letter of Representations, it may contain provisions relating to (a) payment procedures, (b) transfers of the Bonds or of beneficial interests therein, (c) redemption notices and procedures unique to the Depository, (d) additional notices or communications, and (e) amendment from time to time to conform with changing customs and practices with respect to securities industry transfer and payment practices. With respect to Bonds registered in the Bond Register in the name of the Book-Entry Owner, none of the City, any City officer, or the Bond Registrar shall have any responsibility or obligation to any broker-dealer, bank, or other financial institution for which the Depository holds Bonds from time to time as securities depository (each such broker-dealer, bank, or other financial institution being referred to herein as a “Depository Participant”) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds. Without limiting the meaning of the immediately preceding sentence, the City, any City officer, and the Bond Registrar shall have no responsibility or obligation with respect to (a) the accuracy of the records of the Depository, the Book-Entry Owner, or any Depository Participant with respect to any ownership interest in the Bonds, (b) the delivery to any Depository Participant or any other person, other than a registered owner of a Bond as shown in the Bond Register or as otherwise expressly provided in the Letter of Representations, of any notice with respect to the Bonds, including any notice of redemption, or (c) the payment to any Depository Participant or any other person, other than a registered owner of a Bond as 501 of 921 -14- shown in the Bond Register, of any amount with respect to principal of or interest on the Bonds. No person other than a registered owner of a Bond as shown in the Bond Register shall receive a Bond certificate with respect to any Bond. In the event that (a) the City determines that the Depository is incapable of discharging its responsibilities described herein and in the Letter of Representations, (b) the agreement among the City, the Bond Registrar, and the Depository evidenced by the Letter of Representations shall be terminated for any reason, or (c) the City determines that it is in the best interests of the City or of the beneficial owners of a Series of the Bonds either that they be able to obtain certificated Bonds or that another depository is preferable, the City shall notify the Depository and the Depository shall notify the Depository Participants of the availability of Bond certificates, and the Bonds (of a given Series if applicable) shall no longer be restricted to being registered in the Bond Register in the name of the Book-Entry Owner. Alternatively, at such time, the City may determine that the Bonds of such Series shall be registered in the name of and deposited with a successor depository operating a system accommodating Book-Entry Form, as may be acceptable to the City, or such depository’s agent or designee, but if the City does not select such alternate Book-Entry system, then the Bonds of such Series shall be registered in whatever name or names registered owners of Bonds transferring or exchanging Bonds shall designate, in accordance with the provisions of this Ordinance. Section 7. Execution; Authentication. The Bonds shall be executed on behalf of the City by the manual or duly authorized facsimile signature of its Mayor and attested by the manual or duly authorized facsimile signature of its City Clerk, as they may determine, and shall be impressed or imprinted with the corporate seal or facsimile seal of the City. In case any such officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. All Bonds shall have thereon a certificate of authentication, substantially in the form provided, duly executed by the Bond Registrar as authenticating agent of the City and showing the 502 of 921 -15- date of authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless and until such certificate of authentication shall have been duly executed by the Bond Registrar by manual signature, and such certificate of authentication upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordinance. Section 8. Redemption. The Bonds may be subject to redemption on the terms set forth below. A. Optional Redemption. If so provided in the relevant Bond Order, any Bonds may be subject to redemption prior to maturity at the option of the City, in whole or in part on any date, at such times and at such optional redemption prices as shall be determined by the Designated Officers in the relevant Bond Order. Such optional redemption prices shall be expressed as a percentage of the principal amount of Tax-Exempt Bonds to be redeemed, provided that such percentage shall not exceed 103.0%, plus accrued interest to the date of redemption. If less than all of the outstanding Bonds of a Series are to be optionally redeemed, the Bonds to be called shall be called from such Series, in such principal amounts, and from such maturities as may be determined by the City and within any maturity in the manner hereinafter provided. As provided in the Bond Order, some portion or all of the Bonds may be made not subject to optional redemption. B. Term Bonds; Mandatory Redemption and Covenants; Effect of Purchase or Optional Redemption of Term Bonds. The Bonds of any Series may be subject to mandatory redemption (as Term Bonds) as provided in a Bond Order; provided, however, that in such event the amounts due pursuant to mandatory redemption shall be the amounts used to satisfy the test set forth in Section 4 of this Ordinance for the maximum amounts of principal and interest due on the Bonds in any given Bond Year. Bonds designated as Term Bonds shall be made subject to mandatory redemption by operation of the 503 of 921 -16- Bond Fund at a price of not to exceed par and accrued interest, without premium, on December 1 of the years and in the amounts as shall be determined in a Bond Order. The City covenants that it will redeem Term Bonds pursuant to the mandatory redemption requirement for such Term Bonds. Proper provision for mandatory redemption having been made, the City covenants that the Term Bonds so selected for redemption shall be payable as at maturity, and taxes shall be levied and collected as provided herein accordingly. If the City redeems pursuant to optional redemption as may be provided or purchases Term Bonds of any maturity and cancels the same from Bond Moneys as hereinafter described, then an amount equal to the principal amount of Term Bonds so redeemed or purchased shall be deducted from the mandatory redemption requirements provided for Term Bonds of such maturity, first, in the current year of such requirement, until the requirement for the current year has been fully met, and then in any order of such Term Bonds as due at maturity or subject to mandatory redemption in any year, as the City shall determine. If the City redeems pursuant to optional redemption as may be provided or purchases Term Bonds of any maturity and cancels the same from moneys other than Bond Moneys, then an amount equal to the principal amount of Term Bonds so redeemed or purchased shall be deducted from the amount of such Term Bonds as due at maturity or subject to mandatory redemption requirement in any year, as the City shall determine. C. Redemption Procedures. Any Bonds subject to redemption shall be identified, notice given, and paid and redeemed pursuant to the procedures as follows. (1) Redemption Notice. For a mandatory redemption, unless otherwise notified by the City, the Bond Registrar will proceed on behalf of the City as its agent to provide for the mandatory redemption of such Term Bonds without further order or direction hereunder or otherwise. For an optional redemption, the City, shall, at least 45 days prior to any optional redemption date (unless a shorter time period shall be satisfactory to the Bond Registrar), notify the Bond Registrar of such redemption date and of the Series, principal amounts, and 504 of 921 -17- maturities of Bonds to be redeemed and, if applicable, the effect on any schedule of mandatory redemption of Term Bonds. (2) Selection of Bonds within a Maturity. For purposes of any redemption of less than all of the Bonds of a Series of a single maturity, the particular Bonds or portions of Bonds of that Series to be redeemed shall be selected by lot by the Bond Registrar for the Bonds of that Series of such maturity by such method of lottery as the Bond Registrar shall deem fair and appropriate; provided, that such lottery shall provide for the selection for redemption of Bonds or portions thereof so that any $5,000 Bond or $5,000 portion of a Bond shall be as likely to be called for redemption as any other such $5,000 Bond or $5,000 portion. The Bond Registrar shall make such selection (a) upon or prior to the time of the giving of official notice of redemption, or (b) in the event of a refunding or defeasance, upon advice from the City that certain Bonds have been refunded or defeased and are no longer Outstanding as defined. (3) Official Notice of Redemption. The Bond Registrar shall promptly notify the City in writing of the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed. Unless waived by the registered owner of Bonds to be redeemed, official notice of any such redemption shall be given by the Bond Registrar on behalf of the City by mailing the redemption notice by first class U.S. mail not less than 30 days and not more than 60 days prior to the date fixed for redemption to each registered owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such registered owner to the Bond Registrar. All official notices of redemption shall include the name of the Bonds and at least the information as follows: (a) the redemption date; 505 of 921 -18- (b) the redemption price; (c) if less than all of the outstanding Bonds of a Series of a particular maturity are to be redeemed, the identification (and, in the case of partial redemption of Bonds of that Series within such maturity, the respective principal amounts) of the Bonds to be redeemed; (d) a statement that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption and that interest thereon shall cease to accrue from and after said date; and (e) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the office designated for that purpose of the Bond Registrar. (4) Conditional Redemption. In the case of an optional redemption of Bonds as described in paragraph A, above, unless moneys sufficient to pay the redemption price of the Bonds to be optionally redeemed shall have been received by the Bond Registrar prior to the giving of such notice of redemption, such notice may, at the option of the City, state that said redemption shall be conditional upon the receipt of such moneys by the Bond Registrar on or prior to the date fixed for redemption. If such moneys are not received, such notice shall be of no force and effect, the City shall not redeem such Bonds, and the Bond Registrar shall give notice, in the same manner in which the notice of redemption was given, that such moneys were not so received and that such Bonds will not be redeemed. (5) Bonds Shall Become Due. Official notice of redemption having been given as described, the Bonds or portions of Bonds so to be redeemed shall, subject to the stated 506 of 921 -19- condition with respect to an optional redemption of Bonds in the paragraph (4) immediately preceding, on the redemption date, become due and payable at the redemption price therein specified; and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. The procedure for the payment of interest due as part of the redemption price shall be as herein provided for payment of interest otherwise due. (6) Insufficiency in Notice Not Affecting Other Bonds; Failure to Receive Notice; Waiver. Neither the failure to mail such redemption notice, nor any defect in any notice so mailed, to any particular registered owner of a Bond, shall affect the sufficiency of such notice with respect to other registered owners. Notice having been properly given, failure of a registered owner of a Bond to receive such notice shall not be deemed to invalidate, limit, or delay the effect of the notice or redemption action described in the notice. Such notice may be waived in writing by a registered owner of a Bond entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by registered owners shall be filed with the Bond Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In lieu of the foregoing official notice, so long as the Bonds are held in Book-Entry Form, notice may be given as provided in the Letter of Representations; and the giving of such notice shall constitute a waiver by the Depository and the Book-Entry Owner, as registered owner, of the foregoing notice. After giving proper notification of redemption to the Bond Registrar, as applicable, the City shall not be liable for any failure to give or defect in notice. (7) New Bond in Amount Not Redeemed. Upon surrender for any partial redemption of any Bond, there shall be prepared for the registered owner a new Bond or Bonds 507 of 921 -20- of like tenor, of authorized denominations, of the Series and the same maturity, and bearing the same rate of interest in the amount of the unpaid principal. (8) Effect of Nonpayment upon Redemption. If any Bond or portion of Bond called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall become due and payable on demand, as aforesaid, but, until paid or duly provided for, shall continue to bear interest from the redemption date at the rate borne by the Bond or portion of Bond so called for redemption. (9) Bonds to Be Cancelled; Payment to Identify Bonds. All Bonds which have been redeemed shall be cancelled and destroyed by the Bond Registrar and shall not be reissued. Upon the payment of the redemption price of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. (10) Additional Notice. The City agrees to provide such additional notice of redemption as it may deem advisable at such time as it determines to redeem Bonds, taking into account any requirements or guidance of the Securities and Exchange Commission, the Municipal Securities Rulemaking Board, the Governmental Accounting Standards Board, or any other federal or state agency having jurisdiction or authority in such matters; provided, however, that such additional notice shall be (a) advisory in nature, (b) solely in the discretion of the City (unless a separate agreement shall be made), (c) not be a condition precedent of a valid redemption or a part of the Bond contract, and (d) any failure or defect in such notice shall not delay or invalidate the redemption of Bonds for which proper official notice shall have been given. Reference is also made to the provisions of the Continuing Disclosure Undertaking of the 508 of 921 -21- City with respect to the Bonds, which may contain other provisions relating to notice of redemption of Bonds. (11) Bond Registrar to Advise City. As part of its duties hereunder, the Bond Registrar shall prepare and forward to the City a statement as to notices given with respect to each redemption together with copies of the notices as mailed. Section 9. Form of Bonds. The Bonds shall be in substantially the form hereinafter set forth; provided, however, that if the text of the Bonds is to be printed in its entirety on the front side of the Bonds, then the second paragraph on the front side and the legend “See Reverse Side for Additional Provisions” shall be omitted and the text of paragraphs set forth for the reverse side shall be inserted immediately after the first paragraph. 509 of 921 -22- [FORM OF BONDS - FRONT SIDE] REGISTERED REGISTERED NO. ______ $_________ UNITED STATES OF AMERICA STATE OF ILLINOIS THE COUNTY OF COOK CITY OF EVANSTON GENERAL OBLIGATION CORPORATE PURPOSE BOND, SERIES 2019[A][B] See Reverse Side for Additional Provisions. Interest Maturity Dated Rate: ____% Date: December 1, ____ Date: ____________, 2019 CUSIP: 299228___ Registered Owner: Principal Amount: KNOW ALL PERSONS BY THESE PRESENTS that the City of Evanston, Cook County, Illinois, a municipality, home rule unit, and political subdivision of the State of Illinois (the “City”), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above, the Principal Amount identified above and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on such Principal Amount from the later of the Dated Date of this Bond 510 of 921 -23- identified above or from the most recent interest payment date to which interest has been paid or duly provided for, at the Interest Rate per annum identified above, such interest to be payable on June l and December 1 of each year, commencing ____________ 1, 20__, until said Principal Amount is paid or duly provided for. The principal of this Bond is payable in lawful money of the United States of America upon presentation hereof at the office maintained for that purpose at ____________________, located in the City of ________, _______________, as paying agent and bond registrar (the “Bond Registrar”). Payment of interest shall be made to the Registered Owner hereof as shown on the registration books of the City maintained by the Bond Registrar at the close of business on the applicable Record Date. The Record Date shall be the 15th day of the month preceding any regular interest payment date or a redemption on the first day of any month and the 15th day preceding any other interest payment date which may be occasioned by a redemption of Bonds on a day other than the first day of any month. Interest shall be paid by check or draft of the Bond Registrar, payable upon presentation in lawful money of the United States of America, mailed to the address of such Registered Owner as it appears on such registration books, or at such other address furnished in writing by such Registered Owner to the Bond Registrar, or as otherwise agreed by the City and the Bond Registrar for so long as this Bond is held by a qualified securities clearing corporation as depository, or nominee, in Book-Entry Form as provided for same. Reference is hereby made to the further provisions of this Bond set forth on the reverse hereof, and such further provisions shall for all purposes have the same effect as if set forth at this place. It is hereby certified and recited that all conditions, acts, and things required by the constitution and laws of the State of Illinois to exist or to be done precedent to and in the issuance of this Bond, including the Act, have existed and have been properly done, happened, and been performed in regular and due form and time as required by law; that the indebtedness of the City, represented by the Bonds, and including all other indebtedness of the City, howsoever evidenced or incurred, does not exceed any 511 of 921 -24- constitutional or statutory or other lawful limitation; and that provision has been made for the collection of a direct annual tax, in addition to all other taxes, on all of the taxable property in the City sufficient to pay the interest hereon as the same falls due and also to pay and discharge the principal hereof at maturity. This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Bond Registrar. IN WITNESS WHEREOF the City of Evanston, Cook County, Illinois, by its City Council, has caused this Bond to be executed by the manual or duly authorized facsimile signature of its Mayor and attested by the manual or duly authorized facsimile signature of its City Clerk and its corporate seal or a facsimile thereof to be impressed or reproduced hereon, all as appearing hereon and as of the Dated Date identified above. SPECIMEN Mayor, City of Evanston Cook County, Illinois ATTEST: SPECIMEN City Clerk, City of Evanston Cook County, Illinois 512 of 921 -25- [SEAL] 513 of 921 -26- [FORM OF AUTHENTICATION] CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within-mentioned Ordinance and is one of the General Obligation Corporate Purpose Bonds, Series 2019[A][B], having a Dated Date of ________, 2019, of the City of Evanston, Cook County, Illinois. ________________________ ___________, ____________ as Bond Registrar Date of Authentication: ____________, 20__ By SPECIMEN Authorized Officer [FORM OF BONDS - REVERSE SIDE] This bond is one of a series of bonds (the “Bonds”) in the aggregate principal amount of $_____________ issued by the City for the purpose of paying [a portion of] the costs of the [Robert Crown Project][Capital Improvement Project], and of paying expenses incidental thereto, all as described and defined in Ordinance Number 27-O-19 of the City, passed by the City Council on the 22nd day of April, 2019, authorizing the Bonds (as supplemented by the Bond Order authorized therein and executed in connection with the sale of the Bonds, the “Ordinance”), pursuant to and in all respects in compliance with the applicable provisions of the Illinois Municipal Code, as supplemented and amended, and as further supplemented and, where necessary, superseded, by the powers of the City as 514 of 921 -27- a home rule unit under the provisions of Section 6 of Article VII of the Illinois Constitution of 1970, and pursuant to the provisions of the Local Government Debt Reform Act, as amended (such code and powers, as supplemented, being the “Act”), and with the Ordinance, which has been duly executed by the Mayor, and published in pamphlet form, in all respects as by law required. [Optional and Mandatory Redemption provisions, as needed.] This Bond is subject to provisions relating to redemption and notice thereof and other terms of redemption; provisions relating to registration, transfer, and exchange; and such other terms and provisions relating to security and payment as are set forth in the Ordinance; to which reference is hereby expressly made, and to all the terms of which the Registered Owner hereof is hereby notified and shall be subject. The City and the Bond Registrar may deem and treat the Registered Owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. [FORM OF ASSIGNMENT] ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto Here insert Social Security Number, Employer Identification Number or other Identifying Number. ___________________________________________________________________________________ 515 of 921 -28- ___________________________________________________________________________________ (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint ___________________________________________________________________________________ as attorney to transfer the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: ______________________________ ______________________________ Signature guaranteed: ______________________________ NOTICE: The signature to this transfer and assignment must correspond with the name of the Registered Owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Section 10. Security for the Bonds. The Bonds are a general obligation of the City, for which the full faith and credit of the City are irrevocably pledged, and are payable from the levy of the Ad Valorem Property Taxes on all of the taxable property in the City, without limitation as to rate or amount. Section 11. Tax Levy; Abatements. For the purpose of providing funds required to pay the interest on the Bonds promptly when and as the same falls due, and to pay and discharge the principal thereof at maturity or as subject to mandatory redemption, there is hereby levied upon all of the taxable property within the City, in the years for which any Series of the Bonds are outstanding, a direct annual tax sufficient for that purpose for each Series of Bonds; and there is hereby levied upon all of the taxable property within the City, in the years for which any Series of the Bonds are outstanding, a direct annual tax (the “Ad Valorem Property Taxes” as defined) in amounts as shall be fully set forth in the 516 of 921 -29- Bond Order for each Series of the Bonds. Ad Valorem Property Taxes and other moneys on deposit in the Bond Fund from time to time (“Bond Moneys” as herein defined) shall be applied to pay principal of and interest on each Series of the Bonds. Interest on or principal of each Series of the Bonds coming due at any time when there are insufficient Bond Moneys to pay the same shall be paid promptly when due from current funds on hand in advance of the deposit of the Ad Valorem Property Taxes; and when the Ad Valorem Property Taxes shall have been collected, reimbursement shall be made to said funds in the amount so advanced. The City covenants and agrees with the purchasers and registered owners of the Bonds that so long as any of the Bonds remain outstanding the City will take no action or fail to take any action which in any way would adversely affect the ability of the City to levy and collect the Ad Valorem Property Taxes. The City and its officers will comply with all present and future applicable laws in order to assure that the Ad Valorem Property Taxes may lawfully be levied, extended, and collected as provided herein. In the event that funds from any other lawful source are made available for the purpose of paying any principal of or interest on any of the Bonds so as to enable the abatement of the taxes levied herein for the payment of same, the Corporate Authorities shall, by proper proceedings, direct the transfer of such funds to the respective Bond Fund, and shall then direct the abatement of the taxes by the amount so deposited. The City covenants and agrees that it will not direct the abatement of taxes until money has been deposited into the respective Bond Fund in the amount of such abatement. A certified copy or other notification of any such proceedings abating taxes may then be filed with the County Clerk in a timely manner to effect such abatement. Section 12. Filing with County Clerk. Promptly, after this Ordinance becomes effective and upon execution of the first Bond Order, a copy hereof, certified by the City Clerk, shall be filed with the County Clerk. Under authority of this Ordinance, the County Clerk shall in and for each of the years as set forth in each and every Bond Order ascertain the rate percent required to produce the aggregate Ad Valorem Property Taxes levied in each of such years; and the County Clerk shall extend the same for 517 of 921 -30- collection on the tax books in connection with other taxes levied in such years in and by the City for general corporate purposes of the City; and in each of those years such annual tax shall be levied and collected by and for and on behalf of the City in like manner as taxes for general corporate purposes for such years are levied and collected, without limit as to rate or amount, and in addition to and in excess of all other taxes. Section 13. Sale of Bonds; Bond Order(s); Official Statement. A. The Designated Officers are hereby authorized to proceed, without any further official authorization or direction whatsoever from the Corporate Authorities, to sell and deliver Bonds as herein provided. The Designated Officers shall be and are hereby authorized and directed to sell each Series of the Bonds to the Purchaser at not less than the Purchase Price, provided, however, that the following conditions shall also be met: (1) The Purchaser shall be the winning bidder at public competitive sale of the respective Series of Bonds. (2) The Financial Advisors shall provide advice (in the form of written certificate or report) that the terms of the Bonds are fair and reasonable in light of current conditions in the market for obligations such as the Bonds. Nothing in this Section shall require the Designated Officers to sell the Bonds if in their judgment the conditions in the bond markets shall have markedly deteriorated from the time of adoption hereof, but the Designated Officers shall have the authority to sell the Bonds in any event so long as the limitations set forth in this Ordinance shall have been met. Incidental to any sale of the Bonds, the Designated Officers shall find and determine that no person responsible for sale of the Bonds and holding any office of the City either by election or appointment, is in any manner financially interested, either directly, in his or her own name, or indirectly, in the name of any other person, association, trust or corporation, in the agreement with the Purchaser for the purchase of the Bonds. 518 of 921 -31- B. Upon the sale of the Bonds of any Series, the Designated Officers and any other officers of the City as shall be appropriate shall be and are hereby authorized and directed to approve or execute, or both, such documents of sale of the Bonds of such Series as may be necessary, including, without limitation, a Bond Order, Official Statement, Bond Purchase Agreement, and closing documents; such certifications, tax returns, and documentation as may be required by Bond Counsel, including, specifically, a tax exemption certificate and agreement for the Bonds, to render their opinion(s) as to the Tax-exempt status of the interest on the Tax-exempt Bonds. The Preliminary Official Statement relating to the Bonds, such document to be in substantially the form now on file with the City Clerk and available to the Mayor and Aldermen and to members of the interested public, is hereby in all respects authorized and approved; and the proposed use by the Purchaser of an Official Statement (in substantially the form of the Preliminary Official Statement but with appropriate variations to reflect the final terms of the Bonds) is also hereby authorized and approved. The Designated Officers are (or any of them is) hereby authorized to execute each Bond Purchase Agreement and the Official Statement, their (his or her) execution to constitute full and complete approval of all necessary or appropriate completions and revisions as shall appear therein. Upon the sale of a Series of the Bonds, the Designated Officers so acting shall prepare the Bond Order for same, such document to be in substantially the form as set forth as Exhibit A attached hereto, which shall include the pertinent details of sale as provided herein, and which shall enumerate the levy of taxes to pay the Bonds, and such shall in due course be entered into the records of the City and made available to the Corporate Authorities. The authority to sell the Bonds pursuant to any Bond Order as herein provided shall expire on December 31, 2019. Section 14. Continuing Disclosure Undertaking. The Mayor or any of the Designated Officers of the City is hereby authorized, empowered, and directed to execute and deliver the Continuing Disclosure Undertaking in substantially the same form as now before the City as Exhibit B to this 519 of 921 -32- Ordinance, or with such changes therein as the officer executing the Continuing Disclosure Undertaking on behalf of the City shall approve, his or her execution thereof to constitute conclusive evidence of his or her approval of such changes. When the Continuing Disclosure Undertaking is executed and delivered on behalf of the City as herein provided, the Continuing Disclosure Undertaking will be binding on the City and the officers, employees, and agents of the City, and the officers, employees, and agents of the City are hereby authorized, empowered, and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Continuing Disclosure Undertaking as executed. Notwithstanding any other provision of this Ordinance, the sole remedies for failure to comply with the Continuing Disclosure Undertaking shall be the ability of the beneficial owner of any Bond to seek mandamus or specific performance by court order, to cause the City to comply with its obligations under the Continuing Disclosure Undertaking. Section 15. Creation of Funds and Appropriations. A. There is hereby created the “Series 2019A Bonds Debt Service Account” (the “2019A Bond Fund”), which shall be the fund for the payment of principal of and interest on all 2019A Bonds and the “Series 2019B Bonds Debt Service Account” (the “2019B Bond Fund” and together with the 2019A Bond Fund, the “Bond Funds”), which shall be the fund for the payment of principal of and interest on all 2019B Bonds. Accrued interest, if any, received upon delivery of the Series 2019A Bonds and principal proceeds of the Series 2019A Bonds in an amount not to exceed $500,000 shall be deposited into the Series 2019A Bond Fund and be applied to pay first interest coming due on the Series 2019A Bonds. Accrued interest, if any, received upon delivery of the Series 2019B Bonds and principal proceeds of the Series 2019B Bonds in an amount not to exceed $500,000 shall be deposited into the Series 2019B Bond Fund and be applied to pay first interest coming due on the Series 2019B Bonds. B. The Ad Valorem Property Taxes for each respective Series of Bonds shall either be deposited into the respective Bond Fund and used solely and only for paying the principal of and 520 of 921 -33- interest on the respective Series of Bonds or be used to reimburse a fund or account from which advances to the respective Bond Fund may have been made to pay principal of or interest on the Bonds prior to receipt of Ad Valorem Property Taxes. Interest income or investment profit earned in each Bond Fund shall be retained in said Bond Fund for payment of the principal of or interest on the respective Series of Bonds on the interest payment date next after such interest or profit is received or, to the extent lawful and as determined by the Corporate Authorities, transferred to such other fund as may be determined. The City hereby pledges, as equal and ratable security for the respective Series of Bonds, all present and future proceeds of the Ad Valorem Property Taxes for the sole benefit of the registered owners of the respective Series of Bonds, subject to the reserved right of the Corporate Authorities to transfer certain interest income or investment profit earned in the Bond Funds to other funds of the City, as described in the preceding sentence. C. The amount necessary from the proceeds of each Series of Bonds shall be used to pay costs of issuance of the respective Series of Bonds and shall be deposited into a separate fund, hereby created, designated the “2019[Series Designation] Expense Fund.” Any disbursements from such funds shall be made from time to time as necessary. Any excess in said fund established for the 2019A Bonds shall be deposited into the Robert Crown Project Fund hereinafter created after six months from the date of issuance of the 2019A Bonds. Any excess in said fund established for the 2019B Bonds shall be deposited into the Capital Improvement Project Fund hereinabove created after six months from the date of issuance of the 2019B Bonds. D. The remaining proceeds of the 2019A Bonds shall be set aside in a separate fund, hereby created, and designated as the “Series 2019A Robert Crown Project Fund” (the “Robert Crown Project Fund”), and be used to pay costs of the Robert Crown Project, including costs of issuance of the Bonds which for any reason are not paid from the 2019A Expense Fund. 521 of 921 -34- E. The remaining proceeds of the 2019B Bonds shall be set aside in a separate fund, hereby created, and designated as the “Series 2019B Capital Improvement Project Fund” (the “Capital Improvement Project Fund”), and be used to pay costs of the Capital Improvement Project, including costs of issuance of the Bonds which for any reason are not paid from the 2019B Expense Fund. F. Alternatively, the Treasurer of the City may allocate proceeds of the Bonds otherwise designated for the respective Bond Fund, the respective Expense Fund, the Robert Crown Project Fund or the Capital Improvement Project Fund to one or more related funds of the City already in existence; provided, however, that this shall not relieve the City officers of the duty to account for the proceeds as herein provided. G. The Corporate Authorities reserve the right, as it becomes necessary from time to time, to revise the Robert Crown Project and/or the Capital Improvement Project, to change priorities, to revise cost allocations between projects and to substitute projects, in order to meet current needs of the City; subject, however, to the various covenants set forth in this Ordinance and in related certificates given in connection with delivery of the Bonds and also subject to the obtaining of the opinion of Bond Counsel or of some other attorney or firm of attorneys whose opinions are generally acceptable to the purchasers in the national marketplace of governmental Tax-exempt obligations (“Other Bond Counsel”) that such changes or substitutions are proper under the Act and do not adversely affect the Tax-exempt status of the Tax-exempt Bonds. Section 16. Non-Arbitrage and Tax-Exemption. The City hereby covenants that it will not take any action, omit to take any action or permit the taking or omission of any action within its control (including, without limitation, making or permitting any use of the proceeds of the Tax-exempt Bonds) if taking, permitting, or omitting to take such action would cause any of the Tax-exempt Bonds to be an arbitrage bond or a private activity bond within the meaning of the Code, or would otherwise cause the 522 of 921 -35- interest on the Tax-exempt Bonds to be included in the gross income of the recipients thereof for federal income tax purposes. The City acknowledges that, in the event of an examination by the Internal Revenue Service of the exemption from federal income taxation for interest paid on the Tax- exempt Bonds, under present rules, the City may be treated as a “taxpayer” in such examination and agrees that it will respond in a commercially reasonable manner to any inquiries from the Internal Revenue Service in connection with such an examination. In furtherance of the foregoing provisions, but without limiting their generality, the City agrees: (a) through its officers, to make such further specific covenants, representations as shall be truthful, and assurances as may be necessary or advisable; (b) to comply with all representations, covenants, and assurances contained in certificates or agreements as may be prepared by Bond Counsel; (c) to consult with such Bond Counsel and to comply with such advice as may be given; (d) to file such forms, statements, and supporting documents as may be required and in a timely manner; and (e) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys, and other persons to assist the City in such compliance. Section 17. Reimbursement. With respect to expenditures for the Robert Crown Project and the Capital Improvement Project paid within the 60-day period ending on this date and with respect to which no declaration of intent was previously made, the City hereby declares its intent to reimburse such expenditures and hereby allocates proceeds of the 2019A Bonds and/or the 2019B Bonds, as applicable, in the amount indicated in the Tax Exemption Certificate and Agreement to be delivered in connection with the issuance of the Bonds to reimburse said expenditures. Section 18. Municipal Bond Insurance. In the event the payment of principal of and interest on a Series of the Bonds is insured pursuant to a municipal bond insurance policy (a “Municipal Bond Insurance Policy”) issued by a bond insurer (a “Bond Insurer”), and as long as such Municipal Bond Insurance Policy shall be in full force and effect, the City and the Bond Registrar agree to comply with 523 of 921 -36- such usual and reasonable provisions regarding presentment and payment of such Bonds, subrogation of the rights of the Bondholders to the Bond Insurer when holding such Bonds, amendment hereof, or other terms, as approved by any of the City officers on advice of counsel, his or her approval to constitute full and complete acceptance by the City of such terms and provisions under authority of this Section. Section 19. Rights and Duties of Bond Registrar. If requested by the Bond Registrar, any officer of the City is authorized to execute a mutually agreeable form of agreement between the City and the Bond Registrar with respect to the obligations and duties of the Bond Registrar under this Ordinance. In addition to the terms of such agreement and subject to modification thereby, the Bond Registrar by acceptance of duties under this Ordinance agrees (a) to act as bond registrar, paying agent, authenticating agent, and transfer agent as provided herein; (b) to maintain a list of Bondholders as set forth herein and to furnish such list to the City upon request, but otherwise to keep such list confidential to the extent permitted by law; (c) to cancel and/or destroy Bonds which have been paid at maturity or submitted for exchange or transfer; (d) to furnish the City at least annually a certificate with respect to Bonds cancelled and/or destroyed; and (e) to furnish the City at least annually an audit confirmation of Bonds paid, Bonds outstanding, and payments made with respect to interest on the Bonds. The City covenants with respect to the Bond Registrar, and the Bond Registrar further covenants and agrees as follows: (A) The City shall at all times retain a Bond Registrar with respect to the Bonds; it will maintain at the designated office(s) of such Bond Registrar a place or places where Bonds may be presented for payment, registration, transfer, or exchange; and it will require that the Bond Registrar properly maintain the Bond Register and perform the other duties and obligations imposed upon it by this Ordinance in a manner consistent with the standards, customs and practices of the municipal securities industry. 524 of 921 -37- (B) The Bond Registrar shall signify its acceptance of the duties and obligations imposed upon it by this Ordinance by executing the certificate of authentication on any Bond, and by such execution the Bond Registrar shall be deemed to have certified to the City that it has all requisite power to accept and has accepted such duties and obligations not only with respect to the Bond so authenticated but with respect to all the Bonds. Any Bond Registrar shall be the agent of the City and shall not be liable in connection with the performance of its duties except for its own negligence or willful wrongdoing. Any Bond Registrar shall, however, be responsible for any representation in its certificate of authentication on Bonds. (C) The City may remove the Bond Registrar at any time. In case at any time the Bond Registrar shall resign, shall be removed, shall become incapable of acting, or shall be adjudicated a bankrupt or insolvent, or if a receiver, liquidator, or conservator of the Bond Registrar or of the property thereof shall be appointed, or if any public officer shall take charge or control of the Bond Registrar or of the property or affairs thereof, the City covenants and agrees that it will thereupon appoint a successor Bond Registrar. The City shall give notice of any such appointment made by it to each registered owner of any Bond within twenty days after such appointment in any reasonable manner as the City shall select. Any Bond Registrar appointed under the provisions of this Section shall be a bank, trust company, or national banking association, and having capital and surplus and undivided profits in excess of $50,000,000. The City Clerk of the City is hereby directed to file a certified copy of this Ordinance with the Bond Registrar. Section 20. Defeasance. Any Bond or Bonds (a) which are paid and cancelled; (b) which have matured and for which sufficient sums been deposited with the Bond Registrar to pay all principal and interest due thereon; or (c) (i) for which sufficient funds and Defeasance Obligations have been deposited with the Bond Registrar or similar institution to pay, taking into account investment earnings 525 of 921 -38- on such obligations, all principal of and interest on such Bond or Bonds when due at maturity, pursuant to an irrevocable escrow or trust agreement, (ii) accompanied by an opinion of Bond Counsel or Other Bond Counsel as to compliance with the covenants with respect to such Bonds, and (iii) accompanied by an express declaration of defeasance by the Corporate Authorities; shall cease to have any lien on or right to receive or be paid from Bond Moneys or the Bond Fund hereunder and shall no longer have the benefits of any covenant for the registered owners of outstanding Bonds as set forth herein as such relates to lien and security of the outstanding Bonds. All covenants relative to the Tax-exempt status of Tax-exempt Bonds; and payment, registration, transfer, and exchange; are expressly continued for all affected Bonds whether outstanding Bonds or not. For purposes of this Section, “Defeasance Obligations” means (a) noncallable, non-redeemable, direct and general full faith and credit obligations of the United States Treasury (“Directs”), (b) certificates of participation or trust receipts in trusts comprised wholly of Directs or (c) other noncallable, non-redeemable, obligations unconditionally guaranteed as to timely payment to maturity by the United States Treasury. Section 21. Record-Keeping Policy and Post-Issuance Compliance Matters. On the 8th day of October, 2012, the Corporate Authorities adopted a record-keeping policy (the “Policy”) in order to maintain sufficient records to demonstrate compliance with its covenants and expectations to ensure the appropriate federal tax status for the debt obligations of the City, the interest on which is excludable from “gross income” for federal income tax purposes or which enable the City or the holder to receive federal tax benefits, including, but not limited to, qualified tax credit bonds and other specified tax credit bonds. The Corporate Authorities and the City hereby reaffirm the Policy. Section 22. Publication of Ordinance. A full, true, and complete copy of this Ordinance shall be published within ten days after passage in pamphlet form by authority of the Corporate Authorities. 526 of 921 -39- Section 23. Severability. If any section, paragraph, clause, or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause, or provision shall not affect any of the other provisions of this Ordinance. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 527 of 921 -40- Section 24. Superseder and Effective Date. All ordinances, resolutions, and orders, or parts thereof, in conflict with this Ordinance, are to the extent of such conflict hereby superseded; and this Ordinance shall be in full force and effect immediately upon its passage, approval and publication. ADOPTED: This 22nd day of April, 2019. AYES: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ NAYS: ___________________________________________________________________ ABSENT: ___________________________________________________________________ WITNESS AND APPROVED: April 22, 2019 _________________________________________ Mayor, City of Evanston Cook County, Illinois 528 of 921 -41- Published in pamphlet form by authority of the Corporate Authorities on April __, 2019. ATTEST: ______________________________________ City Clerk, City of Evanston Cook County, Illinois 529 of 921 EXTRACT OF MINUTES of the regular public meeting of the City Council of the City of Evanston, Cook County, Illinois, held at the City Hall, located at 2100 Ridge Avenue, in said City, at 7:00 p.m., on Monday, the 22nd day of April, 2019. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon the roll being called, the Mayor, Stephen H. Hagerty, being physically present at such place and time, and the following Aldermen, being physically present at such place and time, answered present: ____________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ . The following Aldermen were allowed by a majority of the Aldermen in accordance with and to the extent allowed by rules adopted by the City Council to attend the meeting by video or audio conference: _________________________________________________________________________ . No Alderman was denied permission to attend the meeting by video or audio conference. The following Aldermen were absent and did not participate in the meeting in any manner or to any extent whatsoever: _______________________________________________________________ . * * * * * * * * * * * * There being a quorum present, various business of the City was conducted. * * * * * * * * * * * * 530 of 921 -2- The City Council then discussed the proposed new Robert Crown Community Center, Ice Complex and Library Center and a proposed capital improvement program for the City and considered an ordinance providing for the issuance of one or more series of General Obligation Corporate Purpose Bonds, Series 2019A, of the City and one or more series of General Obligation Corporate Purpose Bonds, Series 2019B, of the City, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. Thereupon, Alderman _______________ presented an ordinance entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center and one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019B, for capital improvements, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, and authorizing and directing the sale of said bonds at public competitive sale. (the “Bond Ordinance”). A discussion of the matter followed. During the discussion, Alderman __________ gave a public recital of the nature of the matter, which included a reading of the title of the Bond Ordinance and review of the section headings, and the following further information. [Here insert further statements, if any] 531 of 921 -3- Alderman _______________ moved and Alderman _______________ seconded the motion that the Bond Ordinance as presented be adopted. The Mayor directed that the roll be called for a vote upon the motion to adopt the ordinance. Upon the roll being called, the following Aldermen voted AYE: __________________________ ___________________________________________________________________________________ . and the following Aldermen voted NAY: ___________________________________________________ WHEREUPON, the Mayor declared the motion carried and the ordinance adopted, and henceforth did approve and sign the same in open meeting, and did direct the City Clerk to record the same in full in the records of the City of Evanston, Cook County, Illinois. * * * * * * * * * * * * Other business was duly transacted at said meeting. * * * * * * * * * * * * Upon motion duly made and carried, the meeting adjourned. City Clerk 532 of 921 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATION OF AGENDA, ADOPTION MINUTES AND ORDINANCE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Evanston, Cook County, Illinois (the “City”), and as such official I am the keeper of the official journal of proceedings, books, records, minutes, and files of the City and of the City Council (the “Corporate Authorities”) of the City. I do further certify that the foregoing extract of minutes is a full, true, and complete transcript of that portion of the minutes of the meeting (the “Meeting”) of the Corporate Authorities held on the 22nd day of April, 2019 insofar as the same relates to the adoption of an ordinance, numbered 27-O-19, entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center and one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019B, for capital improvements, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, and authorizing and directing the sale of said bonds at public competitive sale. (the “Ordinance”) a true, correct, and complete copy of which Ordinance as adopted at the Meeting appears in the foregoing transcript of the minutes of the Meeting. 533 of 921 -2- I do further certify that the deliberations of the Corporate Authorities on the adoption of the Ordinance were taken openly; that the vote on the adoption of the Ordinance was taken openly; that the Meeting was held at a specified time and place convenient to the public; that notice of the Meeting was duly given to all newspapers, radio or television stations, and other news media requesting such notice; that an agenda (the “Agenda”) for the Meeting was posted at the location where the Meeting was held and at the principal office of the Corporate Authorities (both such locations being at City Hall) at least 96 hours in advance of the Meeting and also not later than 5:00 p.m. on Thursday, April 18, 2019; that said Agenda contained a separate specific item relating to the consideration of the Ordinance and that a true, correct, and complete copy of said Agenda as so posted is attached to this certificate; that the Meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended; and the Illinois Municipal Code, as amended; and that the Corporate Authorities have complied with all of the provisions of such Act and Code and with all of the procedural rules of the Corporate Authorities in the adoption of the Ordinance. IN WITNESS WHEREOF I hereunto affix my official signature and the seal of the City this 22nd day of April, 2019. _________________________________ City Clerk [SEAL] 534 of 921 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATE OF PUBLICATION IN PAMPHLET FORM I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Evanston, Cook County, Illinois (the “City”), and as such official I am the keeper of the official journal of proceedings, books, records, minutes, and files of the City and of the City Council (the “Corporate Authorities”) of the City. I do further certify that on the ____ day of April, 2019, there was published in pamphlet form, by authority of the City Council, a true, correct, and complete copy of Ordinance Number 27-O-19 of the City entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center and one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019B, for capital improvements, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, and authorizing and directing the sale of said bonds at public competitive sale. and providing for the issuance of said bonds, and that the ordinance as so published was on that date readily available for public inspection and distribution, in sufficient number so as to meet the needs of the general public, at my office as City Clerk located in the City. 535 of 921 -2- IN WITNESS WHEREOF I have affixed hereto my official signature and the seal of the City this ____ day of April, 2019. _________________________________ City Clerk [SEAL] 536 of 921 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATE OF FILING I do hereby certify that I am the duly qualified and acting County Clerk of The County of Cook, Illinois, and as such officer I do hereby certify that on the ____ day of __________, 2019 there was filed in my office a properly certified copy of Ordinance Number 27-O-19, duly adopted by the City Council of the City of Evanston, Cook County, Illinois, on the ____ day of ______________, 2019 and entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center and one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019B, for capital improvements, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, and authorizing and directing the sale of said bonds at public competitive sale. and approved by the Mayor of said City, and that the same has been deposited in, and all as appears from, the official files and records of my office. 537 of 921 -2- IN WITNESS WHEREOF I have hereunto affixed my official signature and the seal of The County of Cook, Illinois, this ____ day of _______________, 2019. __________________________________ County Clerk of The County of Cook, Illinois [SEAL] 538 of 921 3a. bond order 4830-2986-6377 v5 2270718 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) BOND ORDER IN CONNECTION WITH THE ISSUANCE OF $[2019A PAR AMOUNT] GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019A $[2019B PAR AMOUNT] GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019B To: City Council City of Evanston, Cook County, Illinois County Clerk of The County of Cook, Illinois GREETINGS: We are pleased to advise you as follows: A. Sale. Please be advised that the City Council (the “Corporate Authorities”) of the City of Evanston, Cook County Illinois (the “City”), has heretofore adopted on the 22nd day of April, 2019, a bond ordinance entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center and one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019B, for capital improvements, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, and authorizing and directing the sale of said bonds at public competitive sale. 539 of 921 -2- (the “2019 Bond Ordinance”), which authorizes the issuance of (i) one or more series of General Obligation Corporate Purpose Bonds, Series 2019A, of the City (the “2019A Bonds”) for the purpose of financing the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center and paying costs related to the issuance of the 2019A Bonds; and (ii) one or more series of General Obligation Corporate Purpose Bonds, Series 2019B, of the City (the “2019B Bonds” and together with the 2019A Bonds, the “Bonds”) for the purpose of providing for various capital improvements at various locations throughout the City, including certain capital expenditures as detailed for the year 2019 in the City’s Capital Improvement Plan, as adopted and amended from time to time by the Corporate Authorities, and paying costs related to the issuance of the 2019B Bonds. Terms used but not defined herein shall have the same meanings as terms defined in the 2019 Bond Ordinance. 1. Responsive to authority contained in the 2019 Bond Ordinance, the undersigned Designated Officers, have sold the 2019A Bonds in the aggregate principal amount of $[2019A Par Amount] to the purchaser thereof, namely, ______________, ______________, ______________ (the “Series 2019A Purchaser”), pursuant to an Official Notice of Sale and an official Bid Form between the City and the Series 2019A Purchaser after a public competitive sale of the 2019A Bonds, held on the date hereof (the “2019A Bond Purchase Agreement”), at a price of $_________________ (representing par, [plus/minus] net original issue [premium/discount] in the amount of $_________________ and less a purchaser’s discount of $_________________). The 2019A Bonds are Tax-exempt Bonds. 2. Responsive to authority contained in the 2019 Bond Ordinance, the undersigned Designated Officers have sold the 2019B Bonds in the aggregate principal amount of $[2019B Par Amount] to the purchaser thereof, namely, ____________, _____________, __________ (the “Series 2019B Purchaser” and together with the Series 2019A Purchaser, the “Purchasers”), pursuant to an Official Notice of Sale and an official Bid Form between the City and the Series 2019A Purchaser after a 540 of 921 -3- public competitive sale of the 2019B Bonds, held on the date hereof (the “2019B Bond Purchase Agreement” and together with the 2019A Bond Purchase Agreement, the “Bond Purchase Agreements”), at a price of $_________________ (representing par, [plus/minus] net original issue [premium/discount] in the amount of $_________________ and less a purchaser’s discount of $_________________). 3. The price to be paid to the City for each Series of the Bonds is not less than 99.0% of the par amount of the respective Series of the Bonds. B. FINDINGS The following further conditions have also been met: 1. 2019A BONDS. (a) We have received the required certificates and reports of the Financial Advisors supporting our statements herein. (b) The 2019A Bonds do not exceed the maximum authorized amount of $__________________. (c) No interest rate on the 2019A Bonds exceeds ________% per annum. (d) The final maturity date of the 2019A Bonds does not extend past December 1, 20___. (e) The sum of the principal of and interest on the 2019A Bonds due (or subject to mandatory redemption) in any given annual period from December 2 to the following December 1 (a “Bond Year”) does not exceed $_____________. (f) The terms of the 2019A Bonds are fair and reasonable in light of current conditions in the market for tax-exempt obligations such as the 2019A Bonds. 2. 2019B BONDS. (a) We have received the required certificates and reports of the Financial Advisors supporting our statements herein. (b) The 2019B Bonds do not exceed the maximum authorized amount of $_____________. (c) No interest rate on the 2019B Bonds exceeds ____% per annum. (d) The final maturity date of the 2019B Bonds does not extend past December 1, 20___. (e) The sum of the principal of and interest on the 2019B Bonds due (or subject to 541 of 921 -4- mandatory redemption) in any Bond Year does not exceed $____________. (f) The terms of the 2019B Bonds are fair and reasonable in light of current conditions in the market for tax-exempt obligations such as the 2019B Bonds. C. NO CONFLICTS No person responsible for the sale of any Series of the Bonds (being the Mayor, City Clerk, City Manager, City Treasurer/Chief Financial Officer and Corporation Counsel) and holding any office of the City, either by election or appointment, is in any manner financially interested, either directly, in his or her own name, or indirectly, in the name of any other person, association, trust or corporation, in any of the Bond Purchase Agreements with any of the Purchasers for the sale of the Bonds. D. TERMS OF THE BONDS The 2019A Bonds shall be designated “General Obligation Corporate Purpose Bonds, Series 2019A.” Pursuant to the terms of the 2019A Bond Purchase Agreement, the 2019A Bonds shall be issued in the amount of $[2019A Par Amount]; shall be dated as of the date of delivery thereof; and shall have the further terms as is set forth in Exhibit I attached hereto and incorporated herein by reference. The 2019B Bonds shall be designated “General Obligation Corporate Purpose Bonds, Series 2019B.” Pursuant to the terms of the 2019B Bond Purchase Agreement, the 2019B Bonds shall be issued in the amount of $[2019B Par Amount]; shall be dated as of the date of delivery thereof; and shall have the further terms as is set forth in Exhibit I attached hereto and incorporated herein by reference. The Bonds are being issued as Tax-Exempt Bonds. E. TAXES Section 11 of the 2019 Bond Ordinance provides for direct annual taxes sufficient to pay the principal of and interest on each Series of the Bonds promptly when and as the same falls due at 542 of 921 -5- maturity or as subject to mandatory redemption. Please be further advised that the Bonds were sold on terms resulting in a final schedule of taxes levied and to be extended as set forth in Exhibit II attached hereto and incorporated herein by reference. F. BOND INSURANCE The Purchasers have not requested and no Bond Insurance has been procured as of the date hereof for the payment of principal of and interest on the Bonds. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 543 of 921 -6- G. DEPOSITS INTO FUNDS At the time of execution of this Bond Order, the proceeds of the Bonds are expected to be used substantially as follows: 2019A BONDS 544 of 921 -7- Derived as follows: ($) (1) Par Amount [2019A Par Amount].00 (2) Reoffering Premium (+) _____________ (3) Purchaser’s Discount (-) (_____________) (4) Purchase Price (=) _____________ (5) Total Received by City (=) _____________ Allocated or spent as follows: ($) (a) Costs of Issuance to be paid directly or to 2019A Expense Fund _____________ (b) Deposit to Robert Crown Project Fund _____________ (c) Contingency (for costs of issuance, or, if not needed, to 2019A Bond Fund) _____________ (d) Deposit to 2019A Bond Fund for capitalized interest through _________, 20__ _____________ (e) Total (=) _____________ [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 545 of 921 -8- 2019B BONDS (1) Par Amount [2019B Par Amount].00 (2) Reoffering Premium (+) _____________ (3) Purchaser’s Discount (-) (_____________) (4) Purchase Price (=) _____________ (5) Total Received by City (=) _____________ Allocated or spent as follows: ($) (a) Costs of Issuance to be paid directly or to 2019B Expense Fund _____________ (b) Deposit to Capital Improvement Project Fund _____________ (c) Contingency (for costs of issuance, or, if not needed, to 2019B Bond Fund) _____________ (d) Deposit to 2019B Bond Fund for capitalized interest through _________, 20__ _____________ (e) Total (=) _____________ [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 546 of 921 -9- H. BOND REGISTRAR The Bond Registrar and Paying Agent for the Bonds is ____________________________. I. RECORDS Finally, please be advised that this Bond Order shall be entered into the records of the City and made available to all members of the Corporate Authorities at a public meeting thereof held after the date hereof. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 547 of 921 -10- Respectfully submitted as of this _____ day of May, 2019.* ___________________________________________ Mayor ___________________________________________ City Clerk ___________________________________________ City Treasurer/Chief Financial Officer ___________________________________________ City Manager ACKNOWLEDGMENT OF FILING Filed in the office of the City Clerk of the City of Evanston, Cook County, Illinois, this ____ day of __________, 2019. * To be executed by not less than two of the four officers, one of whom must be elected. 548 of 921 -11- _________________________________________ City Clerk City of Evanston Cook County, Illinois 549 of 921 EXHIBITS: EXHIBIT DESCRIBES I Terms of the Bonds II Taxes to be levied for the Bonds 550 of 921 EXHIBIT I TERMS OF THE BONDS THE 2019A BONDS The 2019A Bonds are due serially on December 1 of the years and in the amounts and bear interest at the rates percent per annum as follows: YEAR AMOUNT ($) RATE (%) 551 of 921 -2- Each of the 2019A Bonds bears interest from the later of the dated date as stated above or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of such 2019A Bond, respectively, is paid or duly provided for, such interest (computed upon the basis of a 360-day year of twelve 30-day months) being payable on June 1 and December 1 of each year, commencing on ____________ 1, 20__. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 552 of 921 -3- 2019A BOND REDEMPTION Mandatory Redemption. [The 2019A Bonds are not subject to mandatory redemption.][The 2019A Bonds due on December 1, 20__, are subject to mandatory redemption, in integral multiples of $5,000 selected by lot by the Registrar, at a redemption price of par plus accrued interest to the redemption date, on December 1 of the years and in the principal amounts as follows: 553 of 921 -4- YEAR PRINCIPAL AMOUNT Optional Redemption. [The 2019A Bonds are not subject to optional redemption.][The 2019A Bonds maturing on or after December 1, 20__, are subject to redemption at the option of the City, in whole or in part, in any order of maturity and if in part, in principal amounts that are integral multiples of $5,000 and as applicable to any mandatory redemption requirement as the City may determine, on any date on or after December 1, 20__, at a price equal to par plus accrued interest to the date fixed for redemption.] THE 2019B BONDS The 2019B Bonds are due serially on December 1 of the years and in the amounts and bear interest at the rates percent per annum as follows: YEAR AMOUNT ($) RATE (%) Each of the 2019B Bonds bears interest from the later of the dated date as stated above or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of such 2019B Bond, respectively, is paid or duly provided for, such interest (computed 554 of 921 -5- upon the basis of a 360-day year of twelve 30-day months) being payable on June 1 and December 1 of each year, commencing on __________ 1, 20__. 2019B BOND REDEMPTION Mandatory Redemption. [The 2019B Bonds are not subject to mandatory redemption.][The 2019B Bonds due on December 1, 20__, are subject to mandatory redemption, in integral multiples of $5,000 selected by lot by the Registrar, at a redemption price of par plus accrued interest to the redemption date, on December 1 of the years and in the principal amounts as follows: YEAR PRINCIPAL AMOUNT Optional Redemption. [The 2019B Bonds are not subject to optional redemption.][The 2019B Bonds maturing on or after December 1, 20__, are subject to redemption at the option of the City, in whole or in part, in any order of maturity and if in part, in principal amounts that are integral multiples of $5,000 and as applicable to any mandatory redemption requirement as the City may determine, on any date on or after December 1, 20__, at a price equal to par plus accrued interest to the date fixed for redemption.] [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 555 of 921 EXHIBIT II TAX LEVY FOR BONDS THE 2019A BONDS 556 of 921 -2- YEAR A TAX SUFFICIENT TO PRODUCE THE DOLLAR ($) AMOUNT 2019 $ for interest and principal up to and including December 1, 2020 557 of 921 -3- THE 2019B BONDS YEAR A TAX SUFFICIENT TO PRODUCE THE DOLLAR ($) AMOUNT 2019 $ for interest and principal up to and including December 1, 2020 558 of 921 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) NOTIFICATION OF BOND TERMS AND DIRECTION FOR COLLECTION OF TAXES $[2019A PAR AMOUNT] GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019A $[2019B PAR AMOUNT] GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019B TO: THE COUNTY CLERK OF THE COUNTY OF COOK, ILLINOIS: GREETINGS. Please take note of the advice and terms on the attached Bond Order (the “Bond Order”), dated as of the _____ day of May, 2019, for the aggregate principal amount of $[2019A Par Amount] General Obligation Corporate Purpose Bonds, Series 2019A, and $[2019B Par Amount] General Obligation Corporate Purpose Bonds, Series 2019B, of the City of Evanston, Cook County, Illinois (the “City”), which Bond Order has been executed by at least two of the Mayor, City Clerk, City Treasurer/Chief Financial Officer and City Manager (at least one of whom is an elected official) of the City. Terms used herein are by reference to the Bond Order. YOU ARE ACCORDINGLY ORDERED AND DIRECTED to collect taxes, levied in the bond ordinance authorizing the issuance of the Bonds, as enumerated in the Bond Order. 559 of 921 -2- IN WITNESS WHEREOF we hereunto affix our official signatures as of this _____ day of May, 2019. _________________________________________ Mayor City of Evanston Cook County, Illinois _________________________________________ City Clerk City of Evanston Cook County, Illinois 560 of 921 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) FILING CERTIFICATE $[2019A PAR AMOUNT] GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019A $[2019B PAR AMOUNT] GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019B I, the undersigned, do hereby certify that I am the duly elected, qualified and acting County Clerk of The County of Cook, Illinois (the “County”), and as such officer I do further certify that on the ____ day of June, 2019, there was filed in my office as County Clerk a BOND ORDER IN CONNECTION WITH THE ISSUANCE OF $[2019A Par Amount] GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019A, AND $[2019B Par Amount] GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019B, of the City of Evanston, Cook County, Illinois (the “City”), which Bond Order has been executed by by at least two of the Mayor, City Clerk, City Treasurer/Chief Financial Officer and City Manager (at least one of whom is an elected official) of the City, has been dated as of the _____ day of May, 2019, and is accompanied by a NOTIFICATION OF BOND TERMS AND DIRECTION FOR COLLECTION OF TAXES, signed by the Mayor and City Clerk of said City, each as attached hereto, and that said Bond Order and said Notification of Bond Terms and Direction for Collection of Taxes have each been placed on file in and do appear in the records of my office; and that, further, said taxes levied for the payment of said City’s General Obligation Corporate Purpose Bonds, Series 2019A, and General Obligation Corporate Purpose Bonds, Series 2019B, will be extended for collection as provided in said Bond Order. 561 of 921 -2- IN WITNESS WHEREOF I hereunto affix my official signature and the seal of The County of Cook, Illinois, this ____ day of June, 2019. _________________________________________ County Clerk of The County of Cook, Illinois [SEAL] 562 of 921 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) AVAILABILITY OF BOND ORDER $[2019A PAR AMOUNT] GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019A $[2019B PAR AMOUNT] GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019B I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Evanston, Cook County, Illinois (the “City”), and as such official I am the keeper of the official books, records, minutes and files of the City and of the City Council thereof (the “Corporate Authorities”). I do further certify that I will make available to all members of the Corporate Authorities at the next regular meeting of the Corporate Authorities, a Bond Order for $[2019A Par Amount] General Obligation Corporate Purpose Bonds, Series 2019A, and $[2019B Par Amount] General Obligation Corporate Purpose Bonds, Series 2019B, a true, correct and complete copy of which is attached hereto. IN WITNESS WHEREOF I hereunto affix my official signature, this _____ day of May, 2019. _________________________________________ City Clerk City of Evanston, Cook County, Illinois 563 of 921 3b. continuing disclosure undertaking 4823-4200-0521 v2 2270064 CONTINUING DISCLOSURE UNDERTAKING FOR THE PURPOSE OF PROVIDING CONTINUING DISCLOSURE INFORMATION UNDER SECTION (b)(5) OF RULE 15c2-12 This Continuing Disclosure Undertaking (this “Agreement”) is executed and delivered by the City of Evanston, Cook County, Illinois (the “City”), in connection with the issuance of $_________________ General Obligation Corporate Purpose Bonds, Series 2019A, and $_________________ General Obligation Corporate Purpose Bonds, Series 2019B (together, the “Bonds”). The Bonds are being issued pursuant to an ordinance adopted by the City Council of the City on the 22nd day of April, 2019 (as supplemented by the Bond Order authorized therein and executed in connection with the sale of the Bonds, the “Ordinance”). In consideration of the issuance of the Bonds by the City and the purchase of such Bonds by the beneficial owners thereof, the City covenants and agrees as follows: 1. PURPOSE OF THIS AGREEMENT. This Agreement is executed and delivered by the City as of the date set forth below, for the benefit of the beneficial owners of the Bonds and in order to assist the Participating Underwriters in complying with the requirements of the Rule (as defined below). The City represents that it will be the only obligated person with respect to the Bonds at the time the Bonds are delivered to the Participating Underwriters and that no other person is expected to become so committed at any time after issuance of the Bonds. 2. DEFINITIONS. The terms set forth below shall have the following meanings in this Agreement, unless the context clearly otherwise requires. Annual Financial Information is defined in the Official Statement. Annual Financial Information Disclosure means the dissemination of disclosure concerning Annual Financial Information and the dissemination of the Audited Financial Statements as set forth in Section 4. Audited Financial Statements means the audited financial statements of the City prepared pursuant to the principles and as described in Exhibit I. Commission means the Securities and Exchange Commission. Dissemination Agent means any agent designated as such in writing by the City and which has filed with the City a written acceptance of such designation, and such agent’s successors and assigns. EMMA means the MSRB through its Electronic Municipal Market Access system for municipal securities disclosure or through any other electronic format or system prescribed by the MSRB for purposes of the Rule. Exchange Act means the Securities Exchange Act of 1934, as amended. 564 of 921 -2- Financial Obligation means a (a) debt obligation; (b) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (c) guarantee of a debt obligation or any such derivative instrument; provided that “financial obligation” shall not include municipal securities as to which a final official statement (as defined in the Rule) has been provided to the MSRB consistent with the Rule. MSRB means the Municipal Securities Rulemaking Board. Official Statement means the Final Official Statement, dated ______________, 2019, and relating to the Bonds. Participating Underwriter means each broker, dealer or municipal securities dealer acting as an underwriter in the primary offering of the Bonds. Reportable Event means the occurrence of any of the Events with respect to the Bonds set forth in Exhibit II. Reportable Events Disclosure means dissemination of a notice of a Reportable Event as set forth in Section 5. Rule means Rule 15c2-12 adopted by the Commission under the Exchange Act, as the same may be amended from time to time. State means the State of Illinois. Undertaking means the obligations of the City pursuant to Sections 4 and 5. 3. CUSIP NUMBERS. The CUSIP Numbers of the Bonds are set forth in Exhibit III. The City will include the CUSIP Numbers in all disclosure materials described in Sections 4 and 5 of this Agreement. 4. ANNUAL FINANCIAL INFORMATION DISCLOSURE. Subject to Section 8 of this Agreement, the City hereby covenants that it will disseminate its Annual Financial Information and its Audited Financial Statements (in the form and by the dates set forth in Exhibit I) to EMMA in such manner and format and accompanied by identifying information as is prescribed by the MSRB or the Commission at the time of delivery of such information and by such time so that such entities receive the information by the dates specified. MSRB Rule G-32 requires all EMMA filings to be in word-searchable PDF format. This requirement extends to all documents required to be filed with EMMA, including financial statements and other externally prepared reports. If any part of the Annual Financial Information can no longer be generated because the operations to which it is related have been materially changed or discontinued, the City will disseminate a statement to such effect as part of its Annual Financial Information for the year in which such event first occurs. 565 of 921 -3- If any amendment or waiver is made to this Agreement, the Annual Financial Information for the year in which such amendment or waiver is made (or in any notice or supplement provided to EMMA) shall contain a narrative description of the reasons for such amendment or waiver and its impact on the type of information being provided. 5. REPORTABLE EVENTS DISCLOSURE. Subject to Section 8 of this Agreement, the City hereby covenants that it will disseminate in a timely manner (not in excess of ten business days after the occurrence of the Reportable Event) Reportable Events Disclosure to EMMA in such manner and format and accompanied by identifying information as is prescribed by the MSRB or the Commission at the time of delivery of such information. MSRB Rule G-32 requires all EMMA filings to be in word-searchable PDF format. This requirement extends to all documents required to be filed with EMMA, including financial statements and other externally prepared reports. Notwithstanding the foregoing, notice of optional or unscheduled redemption of any Bonds or defeasance of any Bonds need not be given under this Agreement any earlier than the notice (if any) of such redemption or defeasance is given to the Bondholders pursuant to the Ordinance. 6. CONSEQUENCES OF FAILURE OF THE CITY TO PROVIDE INFORMATION. The City shall give notice in a timely manner to EMMA of any failure to provide Annual Financial Information Disclosure when the same is due hereunder. In the event of a failure of the City to comply with any provision of this Agreement, the beneficial owner of any Bond may seek mandamus or specific performance by court order, to cause the City to comply with its obligations under this Agreement. A default under this Agreement shall not be deemed a default under the Ordinance, and the sole remedy under this Agreement in the event of any failure of the City to comply with this Agreement shall be an action to compel performance. 7. AMENDMENTS; WAIVER. Notwithstanding any other provision of this Agreement, the City by ordinance or resolution authorizing such amendment or waiver, may amend this Agreement, and any provision of this Agreement may be waived, if: (a) (i) The amendment or waiver is made in connection with a change in circumstances that arises from a change in legal requirements, including without limitation, pursuant to a “no-action” letter issued by the Commission, a change in law, or a change in the identity, nature, or status of the City, or type of business conducted; or (ii) This Agreement, as amended, or the provision, as waived, would have complied with the requirements of the Rule at the time of the primary offering, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (b) The amendment or waiver does not materially impair the interests of the beneficial owners of the Bonds, as determined by parties unaffiliated with the City (such as Bond Counsel). 566 of 921 -4- In the event that the Commission or the MSRB or other regulatory authority shall approve or require Annual Financial Information Disclosure or Reportable Events Disclosure to be made to a central post office, governmental agency or similar entity other than EMMA or in lieu of EMMA, the City shall, if required, make such dissemination to such central post office, governmental agency or similar entity without the necessity of amending this Agreement. 8. TERMINATION OF UNDERTAKING. The Undertaking of the City shall be terminated hereunder if the City shall no longer have any legal liability for any obligation on or relating to repayment of the Bonds under the Ordinance. The City shall give notice to EMMA in a timely manner if this Section is applicable. 9. DISSEMINATION AGENT. The City may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Agreement, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. 10. ADDITIONAL INFORMATION. Nothing in this Agreement shall be deemed to prevent the City from disseminating any other information, using the means of dissemination set forth in this Agreement or any other means of communication, or including any other information in any Annual Financial Information Disclosure or notice of occurrence of a Reportable Event, in addition to that which is required by this Agreement. If the City chooses to include any information from any document or notice of occurrence of a Reportable Event in addition to that which is specifically required by this Agreement, the City shall have no obligation under this Agreement to update such information or include it in any future disclosure or notice of occurrence of a Reportable Event. 11. BENEFICIARIES. This Agreement has been executed in order to assist the Participating Underwriters in complying with the Rule; however, this Agreement shall inure solely to the benefit of the City, the Dissemination Agent, if any, and the beneficial owners of the Bonds, and shall create no rights in any other person or entity. 12. RECORDKEEPING. The City shall maintain records of all Annual Financial Information Disclosure and Reportable Events Disclosure, including the content of such disclosure, the names of the entities with whom such disclosure was filed and the date of filing such disclosure. 13. ASSIGNMENT. The City shall not transfer its obligations under the Ordinance unless the transferee agrees to assume all obligations of the City under this Agreement or to execute an Undertaking under the Rule. 567 of 921 -5- 14. GOVERNING LAW. This Agreement shall be governed by the laws of the State. CITY OF EVANSTON, COOK COUNTY, ILLINOIS By ____________________________________ Mayor Date: ________________, 2019 568 of 921 EXHIBIT I EXHIBIT I ANNUAL FINANCIAL INFORMATION AND TIMING AND AUDITED FINANCIAL STATEMENTS All or a portion of the Annual Financial Information and the Audited Financial Statements as set forth below may be included by reference to other documents which have been submitted to EMMA or filed with the Commission. If the information included by reference is contained in a Final Official Statement, the Final Official Statement must be available on EMMA; the Final Official Statement need not be available from the Commission. The City shall clearly identify each such item of information included by reference. Annual Financial Information exclusive of Audited Financial Statements will be submitted to EMMA by 270 days after the last day of the City’s fiscal year (currently December 31), beginning with the fiscal year ending December 31, 2018. Audited Financial Statements as described below should be filed at the same time as the Annual Financial Information. If Audited Financial Statements are not available when the Annual Financial Information is filed, Audited Financial Statements will be submitted to EMMA within 30 days after availability to the City. Audited Financial Statements will be prepared in accordance with accounting principles generally accepted in the United States of America. If any change is made to the Annual Financial Information as permitted by Section 4 of the Agreement, the City will disseminate a notice of such change as required by Section 4. 569 of 921 EXHIBIT II EXHIBIT II EVENTS WITH RESPECT TO THE BONDS FOR WHICH REPORTABLE EVENTS DISCLOSURE IS REQUIRED 1. Principal and interest payment delinquencies 2. Non-payment related defaults, if material 3. Unscheduled draws on debt service reserves reflecting financial difficulties 4. Unscheduled draws on credit enhancements reflecting financial difficulties 5. Substitution of credit or liquidity providers, or their failure to perform 6. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security 7. Modifications to the rights of security holders, if material 8. Bond calls, if material, and tender offers 9. Defeasances 10. Release, substitution or sale of property securing repayment of the securities, if material 11. Rating changes 12. Bankruptcy, insolvency, receivership or similar event of the City∗ 13. The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material 14. Appointment of a successor or additional trustee or the change of name of a trustee, if material 15. (a) Incurrence of a Financial Obligation of the City, if material, or (b) an agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the City, any of which affect security holders, if material. 16. Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a Financial Obligation of the City, any of which reflect financial difficulties. ∗ This event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for the City in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. 570 of 921 EXHIBIT III EXHIBIT III CUSIP NUMBERS SERIES 2019A YEAR OF MATURITY CUSIP NUMBER (299228) SERIES 2019B YEAR OF MATURITY CUSIP NUMBER (299228) 571 of 921 C\1311280.3 PRELIMINARY OFFICIAL STATEMENT DATED APRIL __, 2019 Sale Date and Time: May 16, 2019 [10:15 A.M.] Central Time NEW ISSUES BOOK ENTRY ONLY Ratings: Moody’s: “__” Fitch: “__” (See “BOND RATINGS” herein) Subject to compliance by the City and certain 501(c)(3) organizations with certain covenants, in the opinion of Chapman and Cutler LLP, Chicago, Illinois, Bond Counsel (“Bond Counsel”), under present law, interest on the Series A Bonds is excludable from gross income of the owners thereof for federal income tax purposes and is not included as an item of tax preference in computing the alternative minimum tax for individuals. Subject to compliance by the City with certain covenants, in the opinion of Bond Counsel, under present law, interest on the Series B Bonds is excludable from gross income of the owners thereof for federal income tax purposes and is not included as an item of tax preference in computing the federal alternative minimum tax for individuals. Interest on the Bonds is not exempt from present State of Illinois income taxes. See “TAX EXEMPTION” herein for a more complete discussion. CITY OF EVANSTON COOK COUNTY, ILLINOIS $13,285,000 * GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019A $13,280,000* GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019B Dated: Date of Delivery Due: December 1, as shown on inside cover The $13,285,000* General Obligation Corporate Purpose Bonds, Series 2019A (the “Series A Bonds”) and the $13,280,000* General Obligation Corporate Purpose Bonds, Series 2019B (the “Series B Bonds” and together with the Series A Bonds, the “Bonds”) of the City of Evanston, Cook County, Illinois (the “City”), will bear interest from their dated date at the rates per annum as shown on the inside cover pages. Interest on the Bonds (computed on the basis of a 360-day year consisting of twelve 30 day months) will be payable semi-annually on each June 1 and December 1, commencing December 1, 2019. The Bonds will be issued in integral multiples of $5,000. The Bonds are subject to redemption prior to their maturity as more fully described in this Official Statement. See “THE BONDS – Optional Redemption” and “– Mandatory Sinking Fund Redemption” herein. The Bonds will be issued in book-entry form, as registered in the name of Cede & Co., as registered owner and nominee of The Depository Trust Company, New York, New York (“DTC”). Payments of principal and interest on the Bonds will be made by Zions Bancorporation, National Association, Chicago, Illinois, as paying agent and bond registrar (the “Bond Registrar”) to Cede & Co., which will, in turn, remit such payments to the DTC participants for subsequent disbursements to the Beneficial Owners (as defined in this Official Statement) of the Bonds. Purchases of the Bonds will be made in book-entry-only form and individual purchasers will not receive physical delivery of bond certificates. In the opinion of Bond Counsel, the Bonds are valid and legally binding upon the City and are payable from any funds of the City legally available for such purpose, and all taxable property in the City is subject to the levy of taxes to pay the same without limitation as to rate or amount, except that the rights of the owners of the Bonds and the enforceability of the Bonds may be limited by bankruptcy, insolvency, moratorium, reorganization, and other similar laws affecting creditors’ rights and by equitable principles, whether considered at law or in equity, including the exercise of judicial discretion. Financial Advisors: PFM Financial Advisors LLC and Independent Public Advisors, LLC. Not Bank Qualified: The Bonds are not “qualified tax-exempt obligations.” Delivery: Delivery of the Bonds is expected on June 10, 2019. The date of this Official Statement is May __, 2019. (THIS COVER PAGE CONTAINS CERTAIN INFORMATION FOR QUICK REFERENCE ONLY. IT IS NOT A SUMMARY OF THIS ISSUE. INVESTORS MUST READ THE ENTIRE OFFICIAL STATEMENT TO OBTAIN INFORMATION ESSENTIAL TO THE MAKING OF AN INFORMED INVESTMENT DECISION.) *Preliminary, subject to change. This Preliminary Official Statement and the information contained herein are subject to completion and amendment. Under no circumstances shall this Preliminary Official Statement constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of these securities in any jurisdiction in which such offer, solicitation, or sale would be unlawful prior to registration or qualification under the securities laws of any such jurisdiction. Within seven (7) business days following the sale of the Bonds herein described, the City will make available its final Official Statement, dated as of the date of such sale, with respect to the Bonds. 572 of 921 ii C\1311280.3 Maturity and Pricing Schedule, and CUSIP Numbers City of Evanston, Cook County, Illinois $13,285,000 * General Obligation Corporate Purpose Bonds, Series 2019A Year Year (Dec. 1) Amount* Rate* Yield* CUSIP** (Dec. 1) Amount* Rate* Yield* CUSIP ** 2022 $345,000 % % 2033 $590,000 % % 2023 365,000 % % 2034 620,000 % % 2024 380,000 % % 2035 650,000 % % 2025 400,000 % % 2036 685,000 % % 2026 420,000 % % 2037 715,000 % % 2027 440,000 % % 2038 755,000 % % 2028 465,000 % % 2039 790,000 % % 2029 485,000 % % 2040 830,000 % % 2030 510,000 % % 2041 870,000 % % 2031 535,000 % % 2042 915,000 % % 2032 560,000 % % 2043 960,000 % % $13,280,000* General Obligation Corporate Purpose Bonds, Series 2019B Year Year (Dec. 1) Amount* Rate* Yield* CUSIP** (Dec. 1) Amount* Rate* Yield* CUSIP** 2020 $400,000 % % 2030 $ 655,000 % % 2021 420,000 % % 2031 685,000 % % 2022 445,000 % % 2032 720,000 % % 2023 465,000 % % 2033 755,000 % % 2024 490,000 % % 2034 795,000 % % 2025 515,000 % % 2035 835,000 % % 2026 540,000 % % 2036 875,000 % % 2027 565,000 % % 2037 920,000 % % 2028 595,000 % % 2038 965,000 % % 2029 625,000 % % 2039 1,015,000 % % *Final amounts, interest rates, and reoffering yields will be set forth in the final Official Statement described herein. **CUSIP data herein is provided by the CUSIP Global Services, managed on behalf of the American Bankers Association by S&P Capital IQ, a part of McGraw-Hill Companies Financial. No representations are made as to the correctness of the CUSIP numbers. These CUSIP numbers may also be subject to change after the issuance of the Bonds. 573 of 921 iii C\1311280.3 This Official Statement (the “Official Statement”) should be considered in its entirety and no one factor should be considered more or less important than any other by reason of its position in this Official Statement. Where statutes, reports, or other documents are referred to herein, reference should be made to such statutes, reports, or other documents for more complete information regarding the rights and obligations of parties thereto, facts and opinions contained therein and the subject matter thereof. No dealer, broker, salesman, or other person has been authorized by the City or the Underwriters (as hereinafter defined) to give any information or to make any representations, other than those contained in this Official Statement, and, if given or made, such other information or representations must not be relied upon as having been authorized by either the foregoing or by the City. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy nor shall there be any sale of the Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation, or sale. The information set forth herein has been obtained from the City and by DTC and other sources that are believed to be reliable, but such information is not guaranteed as to accuracy or completeness and is not to be construed as a representation by the Underwriters. The information and expressions of opinion herein are subject to change without notice and neither the delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the City since the date as of which information is given in this Official Statement. Any statements made in this Official Statement, including the Appendices, involving matters of opinion or estimates, whether or not so expressly stated are set forth as such and not as representations of fact, and no representation is made that any of such estimates will be realized. This Official Statement contains certain forward-looking statements and information that are based on the City’s beliefs as well as assumptions made by and information currently available to the City. Such statements are subject to certain risks, uncertainties, and assumptions. Should one or more of these risks or uncertainties materialize, or should underlying assumptions prove incorrect, actual results may vary materially from those anticipated, estimated, or expected. This Preliminary Official Statement is in a form deemed final by the City for the purposes of paragraph (b)(1) of Rule 15c2-12 (the “Rule”) under the Securities Exchange Act of 1934, as amended (except for certain information permitted to be omitted under paragraph (b)(1) of the Rule). THE BONDS HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 NOR HAS THE BOND ORDINANCE BEEN QUALIFIED UNDER THE TRUST INDENTURE ACT OF 1939 IN RELIANCE UPON EXEMPTIONS CONTAINED IN SUCH ACTS. THE REGISTRATION OR QUALIFICATION OF THE BONDS IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF SECURITIES LAWS OF THE STATES IN WHICH THE BONDS HAVE BEEN REGISTERED OR QUALIFIED AND THE EXEMPTION FROM REGISTRATION OR QUALIFICATION IN OTHER STATES CANNOT BE REGARDED AS A RECOMMENDATION THEREOF. NEITHER THESE STATES NOR ANY OF THEIR AGENCIES HAVE MADE RECOMMENDATION THEREOF. NEITHER THESE STATES NOR ANY OF THEIR AGENCIES HAVE PASSED UPON THE MERITS OF THE BONDS OR THE ACCURACY OR COMPLETENESS OF THIS OFFICIAL STATEMENT. ANY REPRESENTATION TO THE CONTRARY MAY BE A CRIMINAL OFFENSE. CERTAIN PERSONS PARTICIPATING IN THIS OFFERING MAY ENGAGE IN TRANSACTIONS THAT MAINTAIN OR OTHERWISE AFFECT THE PRICE OF THE BONDS. SPECIFICALLY, THE UNDERWRITERS MAY OVERALLOT IN CONNECTION WITH THE OFFERING, AND MAY BID FOR, AND PURCHASE, THE BONDS IN THE OPEN MARKET. THE PRICES AND OTHER TERMS RESPECTING THE OFFERING AND SALE OF THE BONDS MAY BE CHANGED FROM TIME TO TIME BY THE UNDERWRITERS AFTER THE BONDS ARE RELEASED FOR SALE, AND THE BONDS MAY BE OFFERED AND SOLD AT PRICES OTHER THAN THE INITIAL OFFERING PRICES, INCLUDING SALES TO DEALERS WHO MAY SELL THE BONDS INTO INVESTMENT ACCOUNTS. PRICES OF THE BONDS AS TRADED IN THE SECONDARY MARKET ARE SUBJECT TO ADJUSTMENT UPWARD AND DOWNWARD IN RESPONSE TO CHANGES IN THE CREDIT MARKETS AND OTHER PREVAILING CIRCUMSTANCES. NO GUARANTEE EXISTS AS TO THE FUTURE MARKET VALUE OF THE BONDS. SUCH MARKET VALUE COULD BE SUBSTANTIALLY DIFFERENT FROM THE ORIGINAL PURCHASE PRICE. THE BONDS HAVE RISK CHARACTERISTICS WHICH REQUIRE CAREFUL ANALYSIS AND CONSIDERATION BEFORE A DECISION TO PURCHASE IS MADE. THE BONDS SHOULD BE PURCHASED BY INVESTORS WHO HAVE ADEQUATE EXPERIENCE TO EVALUATE THE MERITS AND RISKS OF THE BONDS. PROSPECTIVE INVESTORS ARE NOT TO CONSTRUE THE CONTENTS OF THIS OFFICIAL STATEMENT OR ANY PRIOR OR SUBSEQUENT COMMUNICATION FROM THE UNDERWRITERS, THEIR AFFILIATES, OFFICERS, AND EMPLOYEES OR ANY PROFESSIONAL ASSOCIATED WITH THIS OFFERING AS INVESTMENT OR LEGAL ADVICE. EACH PROSPECTIVE INVESTOR SHOULD CONSULT ITS OWN COUNSEL, ACCOUNTANT, AND OTHER ADVISORS AS TO FINANCIAL, LEGAL, AND RELATED MATTERS CONCERNING THE INVESTMENT DESCRIBED HEREIN. Pursuant to continuing disclosure requirements promulgated by the Securities and Exchange Commission in the Rule, the City will enter into a Continuing Disclosure Undertaking. For a description of the Continuing Disclosure Undertaking, see “CONTINUING DISCLOSURE” and “THE UNDERTAKING” herein and APPENDIX C. References herein to laws, rules, regulations, ordinances, resolutions, agreements, reports, and other documents do not purport to be comprehensive or definitive. All references to such documents are qualified to their entirety by reference to the particular document, the full text of which may contain qualifications of and exceptions to statements made herein. Where full texts have not been included as appendices to this Official Statement they will be furnished on request. References to website addresses presented herein are for informational purposes only and may be in the form of a hyperlink solely for the reader’s convenience. Unless specified otherwise, such websites and the information or links contained therein are not incorporated into, and are not part of, this Official Statement for purposes of, and as that term is defined in, the Rule. Investors must read the entire Official Statement to obtain information essential to the making of an informed investment decision. 574 of 921 iv C\1311280.3 CITY OF EVANSTON 2100 Ridge Avenue Evanston, Illinois 60201 (847) 328-2100 MAYOR Stephen H. Hagerty CITY COUNCIL 1st Ward Judy Fiske 2nd Ward Peter Braithwaite 3rd Ward Melissa A. Wynne 4th Ward Donald N. Wilson 5th Ward Robin Rue Simmons 6th Ward Thomas M. Suffredin 7th Ward Eleanor Revelle 8th Ward Ann Rainey 9th Ward Cicely L. Fleming CITY CLERK Devon Reid CITY ADMINISTRATION City Manager Wally Bobkiewicz Chief Financial Officer/Treasurer Hitesh Desai Assistant City Manager Erika Storlie Corporation Counsel Michelle L. Masoncup PROFESSIONAL SERVICES Bond Counsel Chapman and Cutler LLP Chicago, Illinois Financial Advisors PFM Financial Advisors LLC Independent Public Advisors, LLC Disclosure Counsel Ice Miller LLP Chicago, Illinois Auditor Sikich LLP Naperville, Illinois Bond Registrar and Paying Agent Zions Bancorporation, National Association Chicago, Illinois 575 of 921 v TABLE OF CONTENTS INTRODUCTION..........................................................................................................................1 PURPOSE OF THE BONDS ........................................................................................................1 SOURCES AND USES OF FUNDS .............................................................................................1 SECURITY FOR THE BONDS ...................................................................................................2 THE BONDS ..................................................................................................................................2 General .....................................................................................................................................2 Optional Redemption ...............................................................................................................2 [Mandatory Sinking Fund Redemption] ...................................................................................3 Redemption Procedures ............................................................................................................3 Defeasance ................................................................................................................................4 Book-Entry-Only System .........................................................................................................4 CERTAIN RISK FACTORS ........................................................................................................6 Local Economy .........................................................................................................................6 Finances of the State of Illinois ................................................................................................6 Cybersecurity ............................................................................................................................6 Loss or Change of Bond Rating ...............................................................................................7 Secondary Market for the Bonds ..............................................................................................7 Continuing Disclosure ..............................................................................................................7 Suitability of Investment ..........................................................................................................7 Future Changes in Laws ...........................................................................................................7 Factors Relating to Tax-Exemption .........................................................................................7 Bankruptcy ...............................................................................................................................8 THE PROJECTS ...........................................................................................................................8 THE CITY ......................................................................................................................................9 General .....................................................................................................................................9 Northwestern University ..........................................................................................................9 Government ..............................................................................................................................9 Administration ..........................................................................................................................9 Development Activity and City Layout .................................................................................10 Labor Relations ......................................................................................................................10 Economic and Demographic Data ..........................................................................................10 Education and Employment ...................................................................................................11 Population ...............................................................................................................................12 Building Permits .....................................................................................................................12 Transportation ........................................................................................................................12 Employment ...........................................................................................................................13 Industry ...................................................................................................................................13 Unemployment .......................................................................................................................13 FINANCES ...................................................................................................................................13 Budget Process, Accounting, and Financial Control Procedures ...........................................13 576 of 921 vi C\1311280.3 Financial Statements and Independent Audits .......................................................................14 Cash Management ..................................................................................................................14 Revenues ................................................................................................................................14 Sales Taxes .............................................................................................................................15 Personal Property Replacement Taxes ...................................................................................15 Utility Taxes ...........................................................................................................................15 Overview of Budget for Fiscal Years 2017, 2018, and 2019 .................................................16 Summary of Financial Information ........................................................................................16 Insurance Coverage ................................................................................................................17 GENERAL OBLIGATION BONDED INDEBTEDNESS ......................................................18 Outstanding General Obligation Debt ....................................................................................18 Overlapping General Obligation Bonded Debt ......................................................................21 Debt Ratios .............................................................................................................................21 General Obligation Debt Trends ............................................................................................22 [Future Financings] ................................................................................................................22 REAL PROPERTY TAXATION ...............................................................................................22 Tax Increment Financing ........................................................................................................23 Special Service Areas .............................................................................................................23 City Property Taxes ................................................................................................................24 Real Property Assessment, Tax Levy, and Collection Procedures ........................................25 PENSION AND RETIREMENT OBLIGATIONS ..................................................................29 Illinois Municipal Retirement Fund .......................................................................................29 Police and Firefighters’ Pension Plans ...................................................................................31 OTHER POSTEMPLOYMENT BENEFITS ...........................................................................35 TAX EXEMPTION .....................................................................................................................36 [CONTINUING DISCLOSURE] ...............................................................................................37 [THE UNDERTAKING] .............................................................................................................38 Annual Financial Information Disclosure ..............................................................................38 Reportable Events Disclosure ................................................................................................38 Consequences of Failure of the City to Provide Information .................................................39 Amendment; Waiver ..............................................................................................................39 Termination of Undertaking ...................................................................................................40 Additional Information ...........................................................................................................40 Dissemination of Information; Dissemination Agent ............................................................40 BOND RATINGS .........................................................................................................................40 UNDERWRITING .......................................................................................................................40 [LITIGATION] ............................................................................................................................40 FINANCIAL ADVISORS ...........................................................................................................41 LEGAL MATTERS .....................................................................................................................41 577 of 921 vii C\1311280.3 CLOSING CERTIFICATE ........................................................................................................41 APPENDIX A – City of Evanston Annual Financial Report for Fiscal Year Ended December 31, 2017 APPENDIX B – Proposed Forms of Bond Counsel Opinions APPENDIX C – Form of Continuing Disclosure Undertaking APPENDIX D – Official Notices of Sale and Bid Forms 578 of 921 C\1311280.3 OFFICIAL STATEMENT Relating to CITY OF EVANSTON COOK COUNTY, ILLINOIS $13,285,000 * General Obligation Corporate Purpose Bonds, Series 2019A $13,280,000* General Obligation Corporate Purpose Bonds, Series 2019B INTRODUCTION This Official Statement sets forth information concerning the offer and sale by the City of Evanston, Cook County, Illinois (the “City”), of its $13,285,000* General Obligation Corporate Purpose Bonds, Series 2019A (the “Series A Bonds”) and $13,280,000* General Obligation Corporate Purpose Bonds, Series 2019B (the “Series B Bonds” and together with the Series A Bonds, the “Bonds”). The Bonds are authorized pursuant to and in accordance with the home-rule powers of the City under Section 6, Article VII of the 1970 Constitution of the State of Illinois (the “Illinois Constitution”), and a bond ordinance adopted by the City Council of the City (the “City Council”) on April 22, 2019 (as supplemented by the bond order authorized therein and executed in connection with the sale of the Bonds, the “Bond Ordinance”). The Bonds are general obligations of the City to which the City pledges its full faith and credit and are payable from available funds of the City and the Ad Valorem Property Taxes (as defined herein). See “SECURITY FOR THE BONDS” herein. The City, with a population of 75,557 as of the U.S. Census Bureau's 2013-2017 American Community Survey (“ACS”) 5- year estimate, is located along Lake Michigan immediately north of Chicago, Illinois. The City includes residential neighborhoods and parks and a major revitalized central business area of shops, restaurants, theaters, offices and corporate headquarters, neighborhood shopping areas, hospitals, and universities. The City is the home of Northwestern University, with about 16,000 students and 5,200 employees at its Evanston campus. The City’s per capita and median family incomes are substantially higher than Cook County (the “County”) and State of Illinois (the “State”) levels. See “THE CITY – Economic and Demographic Data” herein. PURPOSE OF THE BONDS The Series A Bonds are being issued for the purpose of (i) paying a portion of the costs of constructing and equipping a new Robert Crown Community Center, Ice Complex, and Library Center (the “Robert Crown Project”); (ii) paying capitalized interest on the Series A Bonds through December 1, 2019; and (iii) paying costs related to the issuance of the Series A Bonds. The Series B Bonds are being issued for the purpose of (i) providing for capital improvements at various locations throughout the City, including certain capital expenditures as detailed for the year 2019 in the City’s Capital Improvement Plan, as adopted by the City Council (the “Capital Improvement Project”); (ii) paying capitalized interest on the Series B Bonds through December 1, 2019; and (iii) paying costs related to the issuance of the Series B Bonds. SOURCES AND USES OF FUNDS Estimated Sources: Series A Bonds Series B Bonds Par Amount of Bonds $ $ [Net] Original Issue [Premium/Discount] Total Sources of Funds $ $ Estimated Uses: Deposit to Project Fund $ $ Costs of Issuance(1) Deposit to Capitalized Interest Fund Total Uses of Funds $ $ (1)Includes Underwriters’ discount, Bond Registrar and Paying Agent fees, legal fees, rating fee, printing, and other miscellaneous costs of issuance. *Preliminary, subject to change. 579 of 921 - 2 - C\1311280.3 SECURITY FOR THE BONDS The Bonds, in the opinion of Chapman and Cutler LLP, Chicago, Illinois, Bond Counsel (“Chapman and Cutler LLP” or “Bond Counsel”), are valid and legally binding upon the City and are payable from any funds of the City legally available for such purpose, and all taxable property in the City is subject to the levy of taxes to pay the same without limitation as to rate or amount (the “Ad Valorem Property Taxes”), except that the rights of the owners of the Bonds and the enforceability of the Bonds may be limited by bankruptcy, insolvency, moratorium, reorganization, and other similar laws affecting creditors’ rights and by equitable principles, whether considered at law or in equity, including the exercise of judicial discretion. The Bond Ordinance provides for the levy of the Ad Valorem Property Taxes in amounts sufficient to pay, as and when due, all principal of and interest on the Bonds, excluding capitalized interest through December 1, 2019. The Bond Ordinance will be filed with the County Clerk of the County (the “County Clerk”) and will serve as authorization to the County Clerk to extend and collect the property taxes to pay the Bonds, as set forth in the Bond Ordinance. Pursuant to the Bond Ordinance, the City may, before the deadline for the filing of an abatement of the Ad Valorem Property Taxes levied by the City for any year, by proper proceedings abate all or a portion of the Ad Valorem Property Taxes levied by the Bond Ordinance for that year to the extent that it finds that sufficient funds of the City have been deposited into the respective funds for the payment of principal of and interest on the Bonds during the period otherwise provided for from that levy. It has been the City’s practice to use a variety of revenue sources for repayment of its general obligation bonds in addition to its Ad Valorem Property Taxes. These alternative sources include sales taxes, water and sewer service charges, special assessments, parking revenues, Tax Increment Financing (“TIF”), and/or taxes levied for special service areas in the City to make payments on its general obligation indebtedness. Although these revenue sources are not pledged to the payment of, and do not secure, the Bonds, the City expects to use certain of these sources to pay debt service on the Bonds, permitting the abatement each year of a portion of the Ad Valorem Property Taxes levied in the Bond Ordinance. THE BONDS General The Bonds will be issued as fully registered bonds and will be dated the date of delivery (the “Dated Date”). The Bonds mature on the dates and in the amounts, and bear interest from the Dated Date until paid at the rates as set forth on the inside cover pages of this Official Statement. The Bonds will be in denominations of $5,000 or any integral multiple thereof. Interest on the Bonds is payable on June 1 and December 1 of each year. The first interest payment date is December 1, 2019. The principal and redemption price of the Bonds are payable in lawful money of the United States of America upon presentation at the office maintained for that purpose by Zions Bancorporation, National Association, Chicago, Illinois, as paying agent and bond registrar (the “Bond Registrar”). Payment of interest shall be made to the registered owner of the Bonds as shown on the registration books of the City maintained by the Bond Registrar at the close of business on the applicable Record Date. The Record Date shall be the 15th day of the month preceding any regular or other interest payment date occurring on the first day of any month and, otherwise, 15 days preceding any interest payment date occasion by the redemption of Bonds on other than the first day of a month. Interest shall be paid by check or draft of the Bond Registrar, payable upon presentation in lawful money of the United States of America, mailed to the address of the registered owner as it appears on such registration books (the “Register”), or at such other address furnished in writing by the registered owner to the Bond Registrar, or as otherwise agreed by the City and the Bond Registrar for so long as this Bond is held by a qualified securities clearing corporation as depository, or nominee, in book-entry form. The Bonds will be initially registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (“DTC”). DTC or a successor depository will act as securities depository of the Bonds. Individual purchases may be made in book-entry-only form, in the principal amount of $5,000 or integral multiples thereof. Purchasers will not receive certificates representing their interest in the Bonds purchased. See “Book-Entry-Only System” herein. Optional Redemption The Series A Bonds maturing on or after December 1, 2030, are subject to redemption at the option of the City, in whole or in part, in any order of maturity and if in part, in principal amounts that are integral multiples of $5,000 and as applicable to any mandatory redemption requirement as the City may determine, on any date on or after December 1, 2029, at a price equal to par plus accrued interest to the date fixed for redemption. The Series B Bonds maturing on or after December 1, 2030, are subject to redemption at the option of the City, in whole or in part, in any order of maturity and if in part, in principal amounts that are integral multiples of $5,000 and as applicable to any 580 of 921 - 3 - C\1311280.3 mandatory redemption requirement as the City may determine, on any date on or after December 1, 2029, at a price equal to par plus accrued interest to the date fixed for redemption. [Mandatory Sinking Fund Redemption] The Series A Bonds due on December 1, 20__ (the “Series A Term Bonds”), are subject to mandatory redemption, in integral multiples of $5,000 selected by lot by the Bond Registrar, at a redemption price of par plus accrued interest to the redemption date, on the dates and in the principal amounts as follows: Series A Term Bond Due December 1, 20__ Sinking Fund Principal Amount Redemption Date to be Redeemed December 1, 20__ $ December 1, 20__ * *Stated maturity. The Series B Bonds due on December 1, 20__ (the “Series B Term Bonds” and together with the Series A Term Bonds, the “Term Bonds”), are subject to mandatory redemption, in integral multiples of $5,000 selected by lot by the Bond Registrar, at a redemption price of par plus accrued interest to the redemption date, on the dates and in the principal amounts as follows: Series B Term Bond Due December 1, 20__ Sinking Fund Principal Amount Redemption Date to be Redeemed December 1, 20__ $ December 1, 20__ * *Stated maturity. The principal amounts of the Term Bonds to be mandatorily redeemed may be reduced through the earlier optional redemption thereof, with any partial optional redemptions of such Term Bonds credited against future mandatory redemption requirements in such order of the mandatory redemption dates as the City may determine. In addition, on or prior to the 60th day preceding any mandatory redemption date, the Bond Registrar may, and if directed by the City shall, purchase Term Bonds required to be retired on such mandatory redemption date. Any such Term Bonds so purchased shall be cancelled and the principal amount thereof shall be credited against the mandatory redemption required on such next mandatory redemption date. Redemption Procedures The City will, at least 45 days prior to any optional redemption date (unless a shorter time period shall be satisfactory to the Bond Registrar), notify the Bond Registrar of such redemption date and of the principal amount and maturity or maturities of the Bonds to be redeemed. For purposes of any redemption of less than all of the outstanding Bonds of a single series and maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected by lot by the Bond Registrar from the Bonds of such series and maturity by such method of lottery as the Bond Registrar shall deem fair and appropriate (except when the Bonds are held in a book- entry system, in which case the selection of Bonds to be redeemed will be made in accordance with procedures established by DTC or any other book entry depository); provided that such lottery shall provide for the selection for redemption of Bonds or portions thereof in principal amounts of $5,000 and integral multiples thereof. Unless waived by any holder of Bonds to be redeemed, notice of the call for any redemption will be given by the Bond Registrar on behalf of the City at least 30 days and not more than 60 days prior to the date fixed for redemption to each registered owner of the Bonds to be redeemed at the address shown on the Register or at such other address as is furnished in writing by such registered owner to the Bond Registrar. Unless moneys sufficient to pay the redemption price of the Bonds to be redeemed at the option of the City are received by the Bond Registrar prior to the giving of such notice of redemption, such notice may, at the option of the City, state that said redemption will be conditional upon the receipt of such moneys by the Bond Registrar on or prior to the date fixed for redemption. If such moneys are not received, such notice will be of no force and effect, the City will not redeem such Bonds, and the Bond Registrar will give notice, in the same manner in which the notice of redemption has been given, that such moneys were not so received and that such Bonds will not be redeemed. Otherwise, prior to any redemption date, the City will deposit with the Bond Registrar an amount of money sufficient to pay the redemption price of all of such Bonds or portions of such Bonds which are to be redeemed on that date. 581 of 921 - 4 - C\1311280.3 Subject to the provisions for a conditional redemption described above, notice of redemption having been given as described above and in the Bond Ordinance, and notwithstanding failure to receive such notice, the Bonds or portions of Bonds so to be redeemed will, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds will be paid by the Bond Registrar at the redemption price. All official notices of redemption shall include at least the information as follows: (a) the redemption date; (b) the redemption price; (c) if less than all of the outstanding Bonds of a particular series and maturity are to be redeemed, the identification (and, in the case of partial redemption of Bonds within such series and maturity, the respective principal amounts) of the Bonds to be redeemed; (d) a statement that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption and that interest thereon shall cease to accrue from and after said date; and (e) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal office maintained for the purpose by the Bond Registrar. Defeasance Any Bond or Bonds (a) which are paid and cancelled; (b) which have matured and for which sufficient sums been deposited with the Bond Registrar to pay all principal and interest due thereon; or (c) (i) for which sufficient funds and Defeasance Obligations (as hereinafter defined) have been deposited with the Bond Registrar or similar institution to pay, taking into account investment earnings on such obligations, all principal of and interest on such Bond or Bonds when due at maturity, pursuant to an irrevocable escrow or trust agreement, (ii) accompanied by an opinion of Bond Counsel or other bond counsel as to compliance with the covenants with respect to such Bonds, and (iii) accompanied by an express declaration of defeasance by the City Council; shall cease to have any lien on or right to receive or be paid from Bond Moneys or the Bond Fund (each as defined in the Bond Ordinance) and shall no longer have the benefits of any covenant for the registered owners of outstanding Bonds as set in the Bond Ordinance herein as such relates to lien and security of the outstanding Bonds. “Defeasance Obligations” means (a) noncallable, non-redeemable, direct and general full faith and credit obligations of the United States Treasury (“Directs”), (b) certificates of participation or trust receipts in trusts comprised wholly of Directs, or (c) other noncallable, non-redeemable, obligations unconditionally guaranteed as to timely payment to maturity by the United States Treasury. Book-Entry-Only System The information contained in the following paragraphs of this subsection “Book-Entry-Only System” has been extracted from a schedule prepared by DTC entitled “SAMPLE OFFERING DOCUMENT LANGUAGE DESCRIBING BOOK-ENTRY- ONLY ISSUANCE.” The City makes no representation as to the completeness or the accuracy of such information or as to the absence of material adverse changes in such information subsequent to the date hereof. DTC will act as securities depository for the Bonds. The Bonds will be issued as fully-registered securities registered in the name of Cede & Co. (DTC’s partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully-registered certificate will be issued for each annual maturity of each series of the Bonds, each in the aggregate principal amount of such annual maturity, and such certificates will be deposited with DTC. DTC, the world’s largest securities depository, is a limited-purpose trust company organized under the New York Banking Law, a “banking organization” within the meaning of the New York Banking Law, a member of the Federal Reserve System, a “clearing corporation” within the meaning of the New York Uniform Commercial Code, and a “clearing agency” registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934 (the “Exchange Act”). DTC holds and provides asset servicing for over 3.6 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries) that DTC’s participants (“Direct Participants”) deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book-entry transfers and pledges between Direct Participants’ accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation (“DTCC”). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly (“Indirect Participants”). DTC has a S&P Global Ratings rating of “AA+”. The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission (the “Commission”). More information about DTC can be found at www.dtcc.com. 582 of 921 - 5 - C\1311280.3 Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC’s records. The ownership interest of each actual purchaser of each Security (“Beneficial Owner”) is in turn to be recorded on the Direct and Indirect Participants’ records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in Bonds, except in the event that use of the book-entry system for the Bonds is discontinued. To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name of DTC’s partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC’s records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Redemption notices shall be sent to DTC. If less than all of the Bonds within an issue are being redeemed, DTC’s practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to Bonds unless authorized by a Direct Participant in accordance with DTC’s MMI Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.’s consenting or voting rights to those Direct Participants to whose accounts Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Redemption proceeds, distributions, and interest payments on the Bonds will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC’s practice is to credit Direct Participants’ accounts upon DTC’s receipt of funds and corresponding detail information from the City or paying agent (“Agent”), on payable date in accordance with their respective holdings shown on DTC’s records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in “street name,” and will be the responsibility of such Participant and not of DTC, Agent, or the City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds, distributions, and dividend payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the City or Agent, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its services as depository with respect to the Bonds at any time by giving reasonable notice to the City or Agent. Under such circumstances, in the event that a successor depository is not obtained, certificates for the Bonds are required to be printed and delivered. The City may decide to discontinue use of the system of book-entry-only transfers through DTC (or a successor securities depository). In that event, certificates for the Bonds will be printed and delivered to DTC. The information in this section concerning DTC and DTC’s book-entry system has been obtained from sources that the City believes to be reliable, but the City takes no responsibility for the accuracy thereof. NEITHER THE CITY, NOR THE UNDERWRITERS (AS DEFINED HEREIN) WILL HAVE ANY RESPONSIBILITY OR OBLIGATION TO PARTICIPANTS, TO INDIRECT PARTICIPANTS OR TO ANY BENEFICIAL OWNER WITH RESPECT TO (1) THE ACCURACY OF ANY RECORDS MAINTAINED BY DTC, ANY DTC PARTICIPANT OR ANY INDIRECT PARTICIPANT; (2) THE PAYMENT BY DTC, ANY DTC PARTICIPANT OR ANY INDIRECT PARTICIPANT OF ANY AMOUNT WITH RESPECT TO THE PRINCIPAL OF, PREMIUM, IF ANY, OR INTEREST ON THE BONDS; (3) ANY NOTICE WHICH IS PERMITTED OR REQUIRED TO BE GIVEN TO CERTIFICATEHOLDERS; (4) ANY CONSENT GIVEN BY DTC OR OTHER ACTION TAKEN BY DTC AS CERTIFICATEHOLDER; OR (5) THE SELECTION BY DTC, ANY DTC PARTICIPANT OR ANY INDIRECT PARTICIPANT OF ANY BENEFICIAL OWNER TO RECEIVE PAYMENT IN THE EVENT OF A PARTIAL REDEMPTION OF THE BONDS. 583 of 921 - 6 - C\1311280.3 CERTAIN RISK FACTORS The purchase of the Bonds involves certain investment risks. Accordingly, each prospective purchaser of the Bonds should make an independent evaluation of the entirety of the information presented in this Official Statement and its appendices and exhibits in order to make an informed investment decision. Certain of the investment risks are described below. The following statements, however, should not be considered a complete description of all risks to be considered in the decision to purchase the Bonds, nor should the order of the presentation of such risks be construed to reflect the relative importance of the various risks. There can be no assurance that other risk factors are not material or will not become material in the future. Local Economy The financial health of the City is in part dependent on the strength of the regional and State economy. Many factors affect the economy, including rates of employment and economic growth and the level of residential and commercial development. It is not possible to predict to what extent any changes in economic conditions, demographic characteristics, population, or commercial and industrial activity will occur and what impact such changes would have on the finances of the City. Finances of the State of Illinois The State has experienced adverse fiscal conditions resulting in significant shortfalls between general fund revenues and spending demands. In addition, the underfunding of the State’s pension systems has contributed to its poor financial health. The State operated without a fully enacted budget for its fiscal years ended June 30 (each, a “State FY”) 2016 and 2017. On July 6, 2017, the State enacted its budget for State FY 2018, thus resolving much of the budget impasse, while not resolving significant unfunded pension liabilities or the large unpaid bill backlog. On June 4, 2018, the State enacted its budget for the State FY 2019, again without addressing unfunded pension liabilities or the unpaid bill backlog. Therefore, the unfunded pension liabilities and the unpaid bill backlog will continue to pose significant challenges to the State’s finances. Illinois legislators have indicated they intend to address these matters, and issued bonds in State FY 2018 to cover a portion of the bill backlog, but it is not clear when, or if, they will resolve the remainder of the bill backlog or the pension liability. As part of the State’s budget process, legislation was passed which made changes in the Local Government Distributive Fund (“LGDF”). LGDF payments to counties and municipalities, like the City, were reduced by 10% in State FY 2018, and by 5% in State FY 2019. Additionally, the Illinois Department of Revenue (the “Department of Revenue”) retained an administrative fee of 2% of locally imposed sales taxes collected on behalf of municipalities in State FY 2018, and is retaining an administrative fee of 1.5% of such sales tax collections in State FY 2019. The City adjusted its budget for income tax and sales tax revenues for its fiscal year ending December 31, 2019 to account for all factors including the above. For the City’s fiscal year ending December 31, 2018, the City expects income tax and sales tax revenues to meet or exceed budgeted numbers. During the impasse, certain appropriations were enacted, including the approval of spending for elementary and secondary education, and certain other spending occurred through statutory transfers, statutory continuing appropriations, court orders, and consent decrees. The City cannot predict whether the State will continue to fund local revenue sharing at current levels, nor can the City predict the lingering effect of the State’s budget impasse on the City’s finances. The State currently shares a portion of sales tax, income tax, and motor fuel tax revenue with municipalities, including the City. The State’s general fiscal condition, the underfunding of the State’s pension systems, and the State’s budget impasse have materially adversely affected the State’s financial condition and may result in decreased or delayed revenues allocated to the City. Cybersecurity Computer networks and data transmission and collection are vital to the efficient operation of the City. Despite the implementation of network security measures by the City, its information technology and infrastructure may be vulnerable to deliberate attacks by hackers, malware, ransomware, or computer virus, or may otherwise be breached due to employee error, malfeasance, or other disruptions. Any such breach could compromise networks, and the information stored thereon could be disrupted, accessed, publicly disclosed, lost, or stolen. Although the City does not believe that its information technology systems are at a materially greater risk of cybersecurity attacks than other similarly-situated governmental entities, any such disruption, access, disclosure, or other loss of information could have an adverse effect on the City's operations and financial health. Further, as cybersecurity threats continue to evolve, the City may be required to expend significant additional resources to continue to modify and strengthen security measures, investigate, and remediate any vulnerabilities, or invest in new technology designed to mitigate security risks. 584 of 921 - 7 - C\1311280.3 Loss or Change of Bond Rating The Bonds have received credit ratings from Moody’s Investors Service, Inc. (“Moody’s”) and Fitch Ratings (“Fitch”). The ratings can be changed or withdrawn at any time for reasons both under and outside the City’s control. Any change, withdrawal, or combination thereof could adversely affect the ability of investors to sell the Bonds or may affect the price at which they can be sold. Secondary Market for the Bonds No assurance can be given that a secondary market will develop for the purchase and sale of the Bonds or, if a secondary market exists, that such Bonds can be sold for any particular price. The Underwriter is not obligated to engage in secondary market trading or to repurchase any of the Bonds at the request of the owners thereof. Prices of the Bonds as traded in the secondary market are subject to adjustment upward and downward in response to changes in the credit markets and other prevailing circumstances. No guarantee exists as to the future market value of the Bonds. Such market value could be substantially different from the original purchase price. Continuing Disclosure A failure by the City to comply with the Undertaking (as defined herein) for continuing disclosure (see “CONTINUING DISCLOSURE” herein) will not constitute an event of default on the Bonds. Any such failure must be reported in accordance with Rule 15c2-12 (the “Rule”) adopted by the Commission under the Exchange Act and may adversely affect the transferability and liquidity of the Bonds and their market price. Suitability of Investment The interest rates borne by the Bonds are intended to compensate the investor for assuming the risk of investing in the Bonds. Furthermore, the tax-exempt feature of the Bonds is currently more valuable to high tax bracket investors than to investors that are in low tax brackets. As such, the value of the interest compensation to any particular investor will vary with individual tax rates and circumstances. Each prospective investor should carefully examine this Official Statement and its own financial condition to make a judgment as to its ability to bear the economic risk of such an investment, and whether or not the Bonds are an appropriate investment for such investor. Future Changes in Laws Various State and federal laws, regulations, and constitutional provisions apply to the City and to the Bonds. The City can give no assurance that there will not be a change in, interpretation of, or addition to such applicable laws, provisions, and regulations which would have a material effect, either directly or indirectly, on the City, or the taxing authority of the City. Many elements of local government finance, including the issuance of debt and the levy of property taxes, are controlled by State government. Future actions of the State may affect the overall financial conditions of the City, the taxable value of property within the City, and the ability of the City to levy property taxes or collect revenues for its ongoing operations. For example, Illinois legislators have introduced proposals to modify the Property Tax Extension Limitation Law, as supplemented and amended (the “Limitation Law”), including freezing property taxes (the “Property Tax Freeze Proposal”). If the Property Tax Freeze Proposal or similar legislation were to become law, such reform may freeze the City’s local property tax revenue. The City cannot predict whether, or in what form, any such change may be enacted into law, nor can the City predict the effect of any such change on the City’s finances. Factors Relating to Tax-Exemption As discussed under “TAX EXEMPTION” herein, interest on the Bonds could become includible in gross income for purposes of federal income taxation, retroactive to the date the Bonds were issued, as a result of future acts or omissions of the City in violation of its covenants in the Bond Ordinance. Should such an event of taxability occur, the Bonds are not subject to any special redemption. There are or may be pending in the Congress of the United States (“Congress”) legislative proposals relating to the federal tax exemption of interest on the Bonds, including some that carry retroactive effective dates, that, if enacted, could affect the market value of the Bonds. It cannot be predicted whether or in what form any such proposal might be enacted or whether, if enacted, it would apply to bonds issued prior to enactment. Finally, reduction or elimination of the tax-exempt status of obligations such as the Bonds could have an adverse effect on the City’s ability to access the capital markets to finance future capital or operational needs by reducing market demand for such obligations or materially increasing borrowing costs of the City. The tax-exempt bond office of the Internal Revenue Service (the “Service”) is conducting audits of tax-exempt bonds, both compliance checks and full audits, with increasing frequency to determine whether, in the view of the Service, interest on such tax- 585 of 921 - 8 - C\1311280.3 exempt obligations is includible in the gross income of the owners thereof for federal income tax purposes. It cannot be predicted whether the Service will commence any such audit. If an audit is commenced, under current procedures the Service may treat the City as a taxpayer and the Bondholders may have no right to participate in such proceeding. The commencement of an audit with respect to any tax exempt obligations of the City could adversely affect the market value and liquidity of the Bonds, regardless of the ultimate outcome. Bankruptcy The rights and remedies of the Bondholders may be limited by and are subject to the provisions of federal bankruptcy laws, to other laws or equitable principles that may affect the enforcement of creditors’ rights, to the exercise of judicial discretion in appropriate cases, and to limitations on legal remedies against local governments. At present, there is no law in the State that authorizes any unit of government in Illinois to petition to reorganize under Chapter 9 of the U.S. Bankruptcy Code (except for the Illinois Power Agency). The various opinions of counsel to be delivered with respect to the Bonds and the Bond Ordinance will be similarly qualified. THE PROJECTS The Series A Bonds are being issued for the purpose of (i) paying a portion of the cost to construct and equip a new Robert Crown Community Center, Ice Complex, and Library Center, including but not limited to the demolition of the existing Robert Crown Community Center; (ii) paying capitalized interest on the Series A Bonds through December 1, 2019; and (iii) paying costs related to the issuance of the Series A Bonds. The Robert Crown Project will include a new building of approximately 135,500 square feet to be used for a public library, an expanded ice arena, a gymnasium, a childcare center, an indoor running track, multi-purpose rooms, and educational and cultural program spaces, together with adjacent turf sports fields. The Robert Crown Project will be located on the current site of the Robert Crown Community Center (the “Robert Crown Center”) and will be owned and operated by the City. The City intends to enter into agreements with various 501(c)(3) organizations (the “501(c)(3) Organizations”) with regard to the use of the Robert Crown Project. The Robert Crown Center was built in 1974 and is the City’s most-used health and wellness facility. The Robert Crown Center serves as a venue for dozens of sports, summer camps, pre-school, and many other community programs. In 2000, the City Council was advised of the poor condition of the Robert Crown Center and the lack of improvements since its inception. Based on the City Council’s recommendation, an evaluation of the Robert Crown Center was prepared in 2003 by a consultant hired by the City, which highlighted several civil, structural, architectural, and mechanical issues that had developed over the years. On January 19, 2016, the City Council approved a consulting services agreement for fundraising and recommended the City and the Evanston Public Library (the “Library”) proceed with a fundraising campaign for the Robert Crown Project. Friends of the Robert Crown Center is a 501(c)(3) nonprofit charitable organization formed in 2016 to spearhead a community-wide fundraising initiative for the Robert Crown Project (“Friends”), involving the City, the Library, and the 501(c)(3) Organizations. The total cost of the Robert Crown Project is estimated to be $52.9 million, of which it is anticipated that approximately $37.6 million will be financed through the $24,385,000 General Obligation Corporate Purpose Bonds, Series 2018A issued by the City in 2018 and the Series A Bonds, and approximately $6 million will be financed from the fundraising campaign by Friends in 2019 and 2020. Building construction began in late 2018 and the Robert Crown Project is expected to be completed in the summer of 2020. The Series B Bonds are being issued for the purpose of (i) providing for the Capital Improvement Project (as described below); (ii) paying capitalized interest on the Series B Bonds through December 1, 2019; and (iii) paying costs related to the issuance of the Series B Bonds. The Capital Improvement Project will include street patching and resurfacing, alley and viaduct improvements, and other transportation improvements; water main and sewer improvements; parks improvements; and miscellaneous building improvements and other capital projects. 586 of 921 - 9 - C\1311280.3 THE CITY General The City consists of many communities, perspectives, and qualities: it is a suburb, an urban center, a college town, and lakefront community; it has leafy neighborhoods and lakefront mansions; apartment, condominium, and student housing; its residents are commuters and locally employed workers; the downtown is prospering, but neighborhood commercial centers are also strong and developing. It is a part of the Chicagoland economy and has a vigorous commercial and professional economy of its own. A population of approximately 75,000 is diverse by race, religion, age, education, economics, and occupation. With approximately 9,500 people per square mile, The City has double the population density of the average North and Northwest suburb, and approximately half the density of Chicago. The City has over 260 acres in 75 parks and five beaches. The City is contiguous with Chicago, and approximately 13 miles by rapid transit, commuter rail, expressway, or parkway from downtown Chicago. It borders the north shore communities of Skokie and Wilmette. In 1863, the Village of Evanston was incorporated as a town, and, after several annexations, the town became a city in 1892. The City’s southern boundary was established with the City of Chicago and the present City limits, encompassing an area of approximately 8.0 square miles, have been essentially the same ever since. The City has four miles of shoreline along Lake Michigan. Northwestern University Evanston is the home of Northwestern University, so named as it was established to serve the Northwest Territory. The University first platted the village which surrounded it. The State legislature named the village “Evanston” in honor of Dr. John Evans, the president of the University’s Board. One of the finest universities in the country, Northwestern University not only infuses the City with a certain vitality, but also affects both City revenues and many demographic profiles of the City. A significant number of the students are included in census counts, which tends to cause understated demographic statistics such as the City’s per capita income, wealth per capita, assessed value per capita, etc. On the other hand, it increases revenue sharing and other grants based on population. Government The City is a home-rule unit of government under the Illinois Constitution and, as such, has no general obligation debt limit, nor is it required to seek referendum approval for the issuance of general obligation indebtedness. However, pursuant to the City’s budget policy adopted by the City Council on December 18, 2000, as amended by Resolution No. 42-R-18 adopted by the City Council on June 25, 2018, the City has instituted a self-imposed limit of $150,000,000 in aggregate principal amount of general obligation debt which is expected and intended to be paid from a general real property tax levy. The City has a Council/Manager form of government with an elected Mayor. The Mayor is elected for a four-year term. The Aldermen each represent one of nine wards and are elected to terms of four years. The City Council is organized into standing committees: Administration and Public Works, Human Services, Planning and Development, and Rules. The City Council has also established several special committees and commissions and advisory boards. The City Manager is the Chief Administrative Officer of the City and is responsible for the management of all City operations under the direction of the Mayor and City Council. The City Manager appoints and supervises the directors of the City’s 10 departments. The Chief Financial Officer is responsible for the central financial functions of the City. The City provides a broad range of municipal services, including police and fire protection, streets and parking, water and sewer service, public libraries, social services, health and services for the aging, beaches, parks, and cultural events. A small portion of the City is located in the Skokie Park District. The City is engaged in assisting in community and economic development and maintains land use controls. Public schools are provided by Evanston/Skokie School District 65 and Evanston Township High School District 202. Wastewater treatment is provided by the Metropolitan Water Reclamation District. Administration Wally Bobkiewicz, City Manager. Mr. Bobkiewicz is the City Manager, appointed in August 2009. Mr. Bobkiewicz is the administrative head of the municipal government and responsible for the efficient administration of all City departments. The departments are as follows: Administrative Services, Community and Economic Development, Fire, Health, Law, Library, Parks, 587 of 921 - 10 - C\1311280.3 Recreation and Community Services, Police, Public Works and Utilities. Before working for the City, Mr. Bobkiewicz was employed as the City Manager with Santa Paula, California. Hitesh Desai, Chief Financial Officer/Treasurer. Mr. Desai is the Chief Financial Officer/Treasurer and oversees and administers all the City’s financial functions, in conjunction with the City Manager. Prior to working for the City, Mr. Desai was the Finance Director of the Village of Carpentersville, Illinois. Mr. Desai has previously served the City as Accounting Manager and Senior Accountant. Development Activity and City Layout The City’s downtown is a central location for over eighty restaurants (ranging from casual to high-end), hundreds of hotel rooms, a state-of-the art movie theater, several theater and dance companies, retail bookstores, and numerous shops. Total equalized assessed value (“EAV”) growth in the City has grown from $1.30 billion in 1999 to $2.74 billion in 2017. Evanston’s prudent use of TIF development has added to this growth. Commercial development in the downtown area has been a priority of City government since the City adopted a “Plan for Downtown Evanston/City Comprehensive Plan” in 1980, with continuing revisions since then. The City has encouraged and supported private development; its efforts have included enhanced public transportation through the interconnection of bus, Metra rail and the Chicago Transit Authority (the “CTA”) hubs; public art including streetscape and sidewalk amenities; creation of a commercial district to support nightlife in the City; and the creation of two TIF districts to provide support for the Church Street Plaza and Sherman Plaza redevelopment areas. The City also has eight neighborhood commercial districts. Six of them, Central Street, Noyes Street, Chicago & Dempster, Main & Chicago, and Howard & Chicago, are formed around transportation hubs. Each of these districts has distinctive features: international, specialty retail, and baked goods at Central Street; theater and dining at Noyes Street; antiques, art, and specialty goods at Chicago & Dempster; convenient shopping at Main & Chicago; and the transportation center at Howard & Chicago, on the border of the City with Chicago. The remaining two, Evanston Center and Oakton Street Center, on the southwest side of the City, are commercial centers initiated by developers and include a large number of national retailers. They have major anchor and supportive retail stores which meet the needs of the neighborhood and beyond, and were redeveloped on former vacant industrial sites. Labor Relations The City’s four collective bargaining contracts cover the majority of the City’s 807 (2018 budget full-time equivalent) employees and include: Police – Fraternal Order of Police (FOP) (expired on December 31, 2018); Firefighters - Local 742 of the International Association of Firefighters (IAFF) (expires on December 31, 2022); Police Sergeants - FOP (expires on December 31, 2022); other labor and general office positions including Public Works, Utilities, Parks/Recreation, Health, Library and Community Development - American Federation of State County and Municipal Employees (AFSCME), Council 31, Local 1891A (expires on December 31, 2022). The City has all contracts in place except Police – (FOP) effective January 1, 2019. The City expects the Police FOP contract to be finalized in the near future. The City has not experienced any work stoppage due to labor difficulties for the last 30 years. Economic and Demographic Data The City’s median family income and per capita income remain consistently and significantly above State and County levels, as does the median home value. Median Family Income 2000 2006-2010 2013-2017 City of Evanston $78,886 $106,149 $112,742 Cook County 53,784 65,039 73,012 State of Illinois 55,545 68,236 76,533 Source: U.S. Census Bureau, and the 2006-2010 and 2013-2017 ACS 5-year estimates. 588 of 921 - 11 - C\1311280.3 Per Capita Income 2000 2006-2010 2013-2017 City of Evanston $33,645 $42,925 $43,956 Cook County 23,227 29,335 33,722 State of Illinois 23,104 28,782 32,924 Source: U.S. Census Bureau, and the 2006-2010 and 2013-2017 ACS 5-year estimates. Median Home Values 2000 2006-2010 2013-2017 City of Evanston $290,800 $395,000 $367,300 Cook County 157,700 265,800 227,400 State of Illinois 130,800 202,500 179,700 Source: U.S. Census Bureau, and the 2006-2010 and 2013-2017 ACS 5-year estimates. The 2013-2017 ACS 5-year estimates by the U.S. Census Bureau reported that of the 28,727 total occupied housing units, 56.2% of those located in the City were owner-occupied. Selected home value data relative to values of owner-occupied housing units in the City compared with the County and the State are as follows: Home Values – Owner-Occupied Value of Specified Owner-Occupied Units City of Evanston Cook County State of Illinois Under $50,000 ......................... 1.8% 4.3% 7.3% $50,000 to $99,999 .................. 3.0 9.3 15.7 $100,000 to $149,999 .............. 6.8 13.5 16.2 $150,000 to $199,999 .............. 10.5 16.1 16.2 $200,000 to $299,999 .............. 18.2 23.3 20.5 $300,000 to $499,999 .............. 24.1 20.9 15.9 $500,000 or more ..................... 35.5 10.0 8.2 100.0% 100.0% 100.0% Median Home Value – Owner-Occupied ...................... $367,300 $227,400 $179,700 Source: U.S. Census Bureau, 2013-2017 ACS 5-year estimates. Education and Employment The 2013-2017 ACS 5-year estimates by the U.S. Census Bureau report that over 65% of adult residents of the City have four or more years of college, compared to 30.9% nationally, and 93% have at least a high school education or higher. Educational Attainment – Population over 25 Educational Level Number Percentage Graduate or Professional Degree 17,629 36.5% Bachelor’s Degree 13,886 28.8 Associate’s Degree 1,697 3.5 Some college, no degree 5,802 12.0 High school graduate 6,089 12.6 9th to 12th grade, no diploma 1,379 2.9 Less than 9th grade 1,811 3.8 Total 48,293 100.0% Source: U.S. Census Bureau, 2013-2017 ACS 5-year estimates. 589 of 921 - 12 - C\1311280.3 The following table shows the proportion of City residents holding various job categories. Consistent with the high average level of educational attainment, over 61% of job holders who are City residents work in professional or managerial jobs, as compared to 38.7% in the County and 37.2% in the State. Select Occupation Categories Type of Occupations Number Percentage Management, business, science, and arts 22,431 61.5% Service occupations 4,583 12.6 Sales and office occupations 6,717 18.4 Natural Resources, construction, and maintenance 808 2.2 Production, transportation, material moving 1,919 5.3 Total 36,771 100.0% Source: U.S. Census Bureau, and the 2013-2017 ACS 5-year estimates. Population The City’s population is essentially stable, having been near 70,000 since 1950. 1990 2000 2010 2013-2017 City of Evanston 73,233 74,239 74,549 75,557 Cook County 5,105,067 5,376,741 5,194,675 5,238,541 State of Illinois 11,430,602 12,419,293 12,830,632 12,854,526 Source: U.S. Census Bureau, and the 2013-2017 ACS 5-year estimates. Building Permits Building Activity – Value of Permits Value of All Calendar Year Building Permits 2018 $374,489,566 2017 306,352,806 2016 536,538,596 2015 321,578,749 2014 557,445,516 Source: The City. Transportation The City has excellent public transportation. It is served by a rapid transit rail line operated by CTA, with eight stations in Evanston. This is part of the CTA’s metropolitan rapid transit system. Commuter rail service provided by Metra, a Division of the Regional Transportation Authority (“RTA”), serves three stops in Evanston. Four local bus routes operated by the CTA connect all Evanston neighborhoods with its downtown area. Five bus routes operated by PACE, a suburban bus division of the RTA, connect Evanston with north and northwestern suburbs. 590 of 921 - 13 - C\1311280.3 Employment Business Type of Business Approximate Number of Employees Northshore University Health System Company headquarters, hospital, and medical research 5,861 Northwestern University Private university 5,200 Amita Health Saint Francis Hospital Hospital 1,200 West Minster Pl., McGaw Care Center Retirement home 600 Northwestern University, Kellogg School of Management Private university, graduate programs 500 C.E. Niehoff & Co. Heavy-duty alternators 400 ZS Associates Marketing consultants 300 Magnetar Capital Partners, LP Hedge fund advisors 250 Accuity, Inc. Processing transactions data and software development 230 Dard Products, Inc. Keytags and desk accessories 125 Source: 2019 Illinois Manufacturers Directory and 2019 Illinois Services Directory. Industry Although a small proportion of the total property value and employment numbers, various manufacturing companies operate in the City, including Manufacturers’ News, Inc., a compiler and publisher of industrial directories, databases, and statistics; Ward Manufacturing Co., a tool and die manufacturer; and C.E. Niehoff & Co., a manufacturer of automotive components. Unemployment Unemployment in the City is consistently below County and State levels. Average Unemployment Rates(1) 2012 2013 2014 2015 2016 2017 2018 2019(2) City of Evanston 7.6% 7.8% 6.1% 5.0% 4.9% 4.1% 3.2% 3.1% Cook County 9.6% 9.6% 7.5% 6.2% 6.1% 5.2% 4.0% 4.0% State of Illinois 9.0% 9.0% 7.1% 6.0% 5.8% 5.0% 4.3% 4.7% (1)Annual average unemployment rates were revised in 2018. (2)Preliminary for February 2019. Source: Illinois Department of Employment Security. FINANCES Budget Process, Accounting, and Financial Control Procedures The City’s fiscal year has historically begun on March 1 of each year. However, the City passed a resolution that changed the City’s fiscal year to match the calendar year beginning in the year 2012. As such, fiscal year 2011 was only ten months in duration (March 1, 2011 through December 31, 2011). The City Manager submits to the City Council a proposed operating budget not less than 60 days prior to the start of each fiscal year. The operating budget includes proposed expenditures and the means of financing those expenditures. The City Council holds several public hearings and then may modify the budget prior to adoption. The City Manager is authorized to transfer budgeted amounts between departments within any fund (such as the General Fund); however, any revisions that alter the total expenditures of any fund must be approved by the City Council. Budgets are legally adopted on a basis consistent with generally accepted accounting principles (“GAAP”) except that property taxes are budgeted as revenue in the year they are levied. For purposes of preparing the combined statement of revenues, expenditures, and changes in fund balances – budget and actual, GAAP revenue and expenditures have been adjusted to the budgetary basis. The budgets of the governmental type funds are prepared on a modified accrual basis. Obligations of the City are budgeted as 591 of 921 - 14 - C\1311280.3 expenditures, but revenue is recognized only when it has actually been received. The Comprehensive Annual Financial Report of the City (“CAFR”) presents expenditures and revenues on both a GAAP basis and a budget basis for comparison. The City uses funds and account groups to report on its financial position and the results of its operations. Fund accounting is designated to demonstrate legal compliance and to aid financial management by segregating transactions related to certain City functions or activities. A fund is a separate, self-balancing accounting entity, and in the City there are three categories of funds: governmental, proprietary, and fiduciary. Governmental funds are used to account for all or most of the City’s general activities, including the collection and disbursement of earmarked monies (special revenue funds), the acquisition or construction of general fixed assets (capital project funds), and the servicing of general long-term debt (debt service funds). The General Fund is used to account for all activities of the City not accounted for in some other fund. Other major funds include Special Revenue Funds, Debt Service Funds, Enterprise Funds (water, sewer, and parking), and Pension Trust Funds. The Enterprise Funds (water and sewer) are budgeted on a full accrual basis. Expenses are recognized when a commitment is made (through a purchase order), and revenues are recognized when they are obligated to the City (for example, water user fees are recognized as revenue when bills are produced). The City reports financial results based on GAAP as promulgated by the Governmental Accounting Standards Board. The accounts of the City are divided into separate self-balancing funds comprised of its assets, liabilities, fund equity, revenues, and expenditures, as appropriate. The City’s expenditures are monitored on a regular basis by the Finance Department. Disbursements are made only if an expenditure is within the authorized budget. The City annually presents its budget to the Government Finance Officers Association (“GFOA”) for review against that organization’s standards for government budgeting. The City received an Award for Distinguished Budget Presentation from the GFOA for the fiscal year 2016 budget and has previously received the award for over 16 successive years. Financial Statements and Independent Audits The City annually presents its CAFR to the GFOA for review against that organization’s standards for governmental accounting and financial reporting. The City received a certificate of achievement for excellence in financial reporting from the GFOA for the fiscal year ended December 31, 2016. The City’s financial statements are audited annually as required by State law. Sikich LLP, Certified Public Accountants and Advisors, Naperville, Illinois (“Sikich LLP”), audited the financial statements for fiscal year ended December 31, 2017. Copies of the City’s CAFR are available at the City’s website. The CAFR for the fiscal year ended December 31, 2017, are included as APPENDIX A to this Official Statement. Sikich LLP, has neither reviewed nor approved this Official Statement or its appendices. The City has covenanted in connection with the issuance of the Bonds to file its CAFR and certain additional financial and operating data within 270 days after the close of the City’s fiscal year. See APPENDIX C to this Official Statement. Cash Management The City invests available funds to the extent not needed for immediate expenditures in interest bearing securities. Money market funds make up 100% of General Fund investments. Cash amounts held in bank accounts are collateralized by United States government or agency obligations. The City’s investment policy is in compliance with the Illinois Municipal Investment Act and limits investments to those that are insured or which are registered (or for which the securities are held by the City or its agent) in the City’s name. Bond funds are invested separately. Revenues The City receives revenue from a wide variety of sources. These include a real property tax, municipal shares of State sales and income taxes, a home-rule sales tax, utility taxes, and federal grants, as well as various use charges, licenses, and permits. The largest revenue source for the City is the property tax. See “REAL PROPERTY TAXATION” for a description of the property tax. Other major revenue sources are described below. 592 of 921 - 15 - C\1311280.3 Sales Taxes The City’s share of the State sales tax and a separate City home-rule sales tax are the second largest source of revenue to the City. A portion of the State’s sales tax receipts from sales within Evanston are statutorily allocated to the City. The amount so received by the City equals about 1.0% of those sales subject to the State tax. In addition, the City imposes a City-wide home-rule sales tax, as permitted by State law, presently at a rate of 1.0%. Sales of vehicles, groceries and medicine, among other items, are exempted by State law from this home-rule sales tax. The Department of Revenue collects both the State sales tax and the City’s sales tax. Two percent (2%) of the City’s home-rule sales tax collections were retained as an administrative fee by the Department of Revenue for State FY 2018. Beginning with State FY 2019, the Department of Revenue’s administrative fee has been reduced to 1.5% of home-rule sales tax collections. As illustrated on the following table, the State sales tax produced $9.9 million and the home- rule sales tax produced $6.1 million for the City’s fiscal year ended December 31, 2017. The State sales taxes payable to the City have grown at an average compounded rate of approximately 0.93 percent between fiscal years ended February 29, 2008 and December 31, 2017. Ten Year History State Sales Tax Receipts 12-Month 12-Month Home-Rule Increase/ Sales Tax Increase/ FY Ended Annual (Decrease) Annual (Decrease) 12/31/2017 $6,122,088 (0.56%) $ 9,948,541 (2.63%) 12/31/2016 6,156,529 0.89% 10,216,966 2.17% 12/31/2015 6,102,128 (0.01%) 9,999,482 2.00% 12/31/2014 6,102,969 2.32% 9,803,582 0.89% 12/31/2013 5,964,747 4.51% 9,717,393 7.86% 12/31/2012 5,707,112 N/A 9,008,956 N/A 12/31/2011 4,902,429 N/A 7,671,007 N/A 2/28/2011 5,724,904 4.78% 8,791,573 2.87% 2/28/2010 5,463,561 (1.96%) 8,546,173 (3.52%) 2/28/2009 5,572,880 (5.73%) 8,857,994 (4.11%) 2/29/2008 5,911,796 4.61% 9,237,337 6.24% Source: The City’s CAFR. Personal Property Replacement Taxes Personal Property Replacement Taxes (“PPRT”) are revenues collected by the State and paid to local governments to replace money that was lost by local governments when their powers to impose personal property taxes on corporations, partnerships, and other business entities were taken away. Below are five years of PPRT for the City. Personal Property Replacement Taxes FY Ended Amount 12/31/2017 $1,394,387 12/31/2016 1,425,178 12/31/2015 1,358,443 12/31/2014 1,448,645 12/31/2013 1,422,673 Source: The City’s CAFR. Utility Taxes The City collects utility taxes on natural gas, electricity, and telephone charges. Utility taxes generated $6.6 million for the fiscal year ended December 31, 2017, compared to $6.7 million for the fiscal year ended December 31, 2016, and $7.1 million for the fiscal year ended December 31, 2015. 593 of 921 - 16 - C\1311280.3 Overview of Budget for Fiscal Years 2017, 2018, and 2019 The total budget of the City for the fiscal year ending December 31, 2017 was $308.8 million. The General Fund portion of the total budget for fiscal year ending December 31, 2017 was $118.7 million. The City ended the fiscal year ending December 31, 2017 under budget. The total budget of the City for the fiscal year ending December 31, 2018 is $308.8 million. The General Fund portion of the total budget for fiscal year ending December 31, 2018 is $114.2 million. The City expects the General Fund to end the fiscal year ending December 31, 2018 with a surplus of approximately $500,000, based on unaudited results. The total budget of the City for the fiscal year ending December 31, 2019 is $____ million. The General Fund portion of the total budget for fiscal year ending December 31, 2019 is $____ million. Summary of Financial Information The following summary of financial information is taken from the CAFR of the City for fiscal years ended December 31, 2013 through December 31, 2017. Preliminary unaudited figures for the fiscal year ended December 31, 2018 are included where they are available. This summary does not purport to be complete. Reference should be made to the CAFR for fiscal year ended December 31, 2017 included as APPENDIX A of this Official Statement. Sikich LLP has neither reviewed nor approved this summary. General Fund Balance Sheet Fiscal Years Ended Assets: 12/31/2013 12/31/2014 12/31/2015 12/31/2016 12/31/2017(1) Cash and Investments $10,885,387 $ 5,070,897 $ 2,168,922 $ 6,324,402 $ 5,767,719 Property Taxes Receivable 12,031,386 11,387,119 27,177,454 28,177,453 28,599,196 Due From Other Governments 7,247,146 6,876,727 8,567,535 7,066,670 6,120,698 Due From Other Funds 3,029,567 3,868,070 2,497,033 3,430,218 3,846,698 All Other Assets 2,983,910 3,454,712 1,340,477 2,879,876 2,945,801 Total Assets 36,177,396 30,657,525 41,751,421 47,878,619 47,280,112 Liabilities: Vouchers Payable 1,760,323 2,245,334 2,187,056 3,042,151 3,569,393 Accrued Payroll 2,317,172 293,472 600,834 839,121 1,110,921 Compensated Absences Payable 207,027 302,311 -- -- -- Due To Other Funds/Governments 4,546,512 2,882,454 -- 3,368,372 23,967 All Other Liabilities 506,188 420,885 1,042,031 783,589 628,953 Total Liabilities 9,337,222 6,144,456 3,829,921 8,033,233 5,333,234 Deferred Inflows of Resources 10,477,223 9,530,103 27,216,664 28,177,453 28,599,196 Fund Balances: Nonspendable -- -- 118,433 -- 300,00 Restricted -- -- -- -- -- Committed -- -- -- -- -- Assigned 6,361,490 5,347,110 5,671,992 5,045,638 4,179,617 Unassigned 10,001,461 9,635,856 4,914,411 6,622,295 8,868,065 Total Fund Balance 16,362,951 14,982,966 10,704,836 11,667,933 13,347,682 Total Liabilities, Deferred Inflows and Fund Balance $36,177,396 $30,657,525 $41,751,421 $47,878,619 $47,280,112 (1)Unaudited figures for the fiscal year ended 12/31/2018 are currently unavailable. Sources: The City; CAFR for fiscal years ended 12/31/2013 through 12/31/2017. 594 of 921 - 17 - C\1311280.3 General Fund Statement of Fund Operations Fiscal Years Ended Revenues: 12/31/2013 12/31/2014 12/31/2015 12/31/2016 12/31/2017 12/31/2018(1) Taxes $38,709,390 $38,222,153 $52,628,569 $54,336,773 $58,812,954 $78,230,497 Licenses and Permits 10,617,414 14,503,168 12,184,303 17,933,413 13,357,610 11,680,895 Intergovernmental 18,382,644 17,964,980 18,998,689 18,445,108 18,024,694 1,466,926 Charges for Services 7,722,937 7,792,469 8,224,155 8,694,803 8,679,945 10,412,949 Fines and Forfeits 3,448,523 3,357,965 3,554,188 3,611,901 3,467,693 3,765,058 Investment Income 26,907 13,037 6,573 30,285 38,558 94,681 Miscellaneous 1,418,949 1,138,650 950,964 1,338,381 1,858,107 1,763,275 Total 80,326,764 82,992,422 96,547,441 104,390,664 104,239,561 107,414,281 Expenditures: General Management and Support 14,147,518 11,642,286 11,753,081 15,929,441 16,839,903 17,758,836 Public Safety 40,650,660 43,013,173 58,461,316 60,939,168 63,444,262 64,187,767 Public Works 8,797,497 17,398,563 16,866,953 13,240,692 13,032,463 13,523,392 Health & Human Resource Dev. 3,601,469 3,836,705 3,140,999 3,021,327 3,110,698 3,165,206 Recreation & Cultural Opportunities 14,744,293 10,486,537 11,079,855 11,893,837 12,371,359 12,842,485 Housing & Economic Dev. 2,536,209 2,627,187 2,359,753 2,455,754 2,536,144 3,572,658 Total 84,477,646 89,004,451 103,661,957 107,480,219 111,334,829 115,050,345 Transfers In 6,826,313 7,233,511 7,769,334 8,099,626 12,446,096 -- Transfers Out (3,345,967) (2,601,467) (3,169,989) (4,046,974) (3,671,079) -- Interfund Transfers 3,480,346 4,632,044 4,599,345 4,052,652 8,775,017 8,133,142 Fund Balance, Beginning of Year 17,033,487 16,362,951 14,982,966 10,704,836 11,667,933 13,347,682 Prior period adjustment -- -- (1,762,959) -- -- (131,583) Fund Balance, End of Year $16,362,951 $14,982,966 $10,704,836 $11,667,933 $13,347,682 $13,713,178 (1)Figures for the fiscal year ended 12/31/2018 are preliminary and unaudited and are subject to change. Sources: The City; CAFR for fiscal years ended 12/31/2013 through 12/31/2017. Insurance Coverage The City maintains commercial all-risk property insurance with regard to City facilities, subject to a deductible of $75,000 per occurrence. The City maintains general liability insurance for claims in excess of $2.0 million per occurrence. (The remainder of this page has been left blank intentionally.) 595 of 921 - 18 - C\1311280.3 GENERAL OBLIGATION BONDED INDEBTEDNESS Outstanding General Obligation Debt The below table provides the City’s outstanding general obligation debt issues as of the issuance of the Bonds. General Obligation Debt by Issue Date of Amount Final Interest Rates Principal Issue Type of Obligation Issued Maturity Outstanding Outstanding 08/15/2010 Bonds, Series 2010A $ 6,500,000 12/01/2029 2.00% - 3.625% $ 4,395,000 08/15/2010 Taxable Bonds, Series 2010B 8,000,000 12/01/2019 2.50% - 3.30% 1,135,000 08/01/2011 Bonds, Series 2011A 19,240,000 12/01/2031 2.00% - 4.50% 12,300,000 07/26/2012 Bonds, Series 2012A 15,720,000 12/01/2032 3.00% - 3.25% 9,355,000 08/15/2013 Bonds, Series 2013A 12,565,000 12/01/2033 2.00% - 4.75% 10,325,000 11/20/2013 Ref. Bonds, Series 2013B 28,875,000 12/01/2025 2.00% - 3.00% 10,885,000 08/21/2014 Bonds, Series 2014 12,045,000 12/01/2034 1.25% - 5.00% 10,275,000 11/10/2015 Bonds, Series 2015A 13,095,000 12/01/2035 2.00% - 4.00% 11,680,000 11/10/2015 Ref. Bonds, Series 2015B 11,075,000 12/01/2022 2.00% - 3.00% 6,775,000 09/28/2016 Bonds, Series 2016A 13,715,000 12/01/2036 2.00% - 4.00% 12,680,000 09/28/2016 Ref. Bonds, Series 2016B 7,635,000 12/01/2026 2.00% - 3.00% 6,275,000 10/16/2017 Bonds, Series 2017A 13,990,000 12/01/2037 3.00% - 4.00% 13,530,000 10/16/2017 Ref. Bonds, Series 2017B 9,225,000 12/01/2027 2.00% - 4.00% 8,240,000 10/16/2017 Taxable Bonds, Series 2017C 5,000,000 12/01/2035 2.05% - 4.00% 5,000,000 08/07/2018 Bonds, Series 2018A 24,385,000 12/01/2043 3.125% - 5.00% 24,385,000 08/07/2018 Bonds, Series 2018B 16,545,000 12/01/2038 3.125% - 5.00% 16,545,000 08/07/2018 Ref. Bonds, Series 2018C 8,020,000 12/01/2028 4.00% - 5.00% 8,020,000 08/07/2018 Taxable Bonds, Series 2018D 3,570,000 12/01/2038 3.70% - 4.25% 3,570,000 Existing Total $175,370,000 Dated Date Bonds, Series 2019A* $ 13,285,000 $ 13,285,000 Dated Date Bonds, Series 2019B* 13,280,000 13,280,000 Total* $201,935,000 *Preliminary, subject to change. (The remainder of this page has been left blank intentionally.) 596 of 921 - 19 - C\1311280.3 The below table provides the City’s outstanding general obligation debt service as of the issuance of the Bonds. Total General Obligation Debt Service Year Outstanding G.O. Debt The Bonds(1) Total Ending Principal Interest Principal Interest Debt Service(1) 12/31/2019 $ 10,860,000 $ 6,246,086 $ - $ 630,919(2) $ 17,737,005 12/31/2020 11,115,000 5,937,069 400,000 1,328,250 18,780,319 12/31/2021 11,450,000 5,596,566 420,000 1,308,250 18,774,816 12/31/2022 12,040,000 5,231,584 790,000 1,287,250 19,348,834 12/31/2023 10,675,000 4,813,233 830,000 1,247,750 17,565,983 12/31/2024 10,650,000 4,421,070 870,000 1,206,250 17,147,320 12/31/2025 11,005,000 4,016,915 915,000 1,162,750 17,099,665 12/31/2026 10,105,000 3,587,125 960,000 1,117,000 15,769,125 12/31/2027 9,445,000 3,188,290 1,005,000 1,069,000 14,707,290 12/31/2028 8,715,000 2,820,290 1,060,000 1,018,750 13,614,040 12/31/2029 8,095,000 2,488,040 1,110,000 965,750 12,658,790 12/31/2030 7,905,000 2,181,437 1,165,000 910,250 12,161,687 12/31/2031 8,210,000 1,877,053 1,220,000 852,000 12,159,053 12/31/2032 7,290,000 1,556,600 1,280,000 791,000 10,917,600 12/31/2033 6,940,000 1,317,008 1,345,000 727,000 10,329,008 12/31/2034 6,310,000 1,081,062 1,415,000 659,750 9,465,812 12/31/2035 5,680,000 873,891 1,485,000 589,000 8,627,891 12/31/2036 4,525,000 686,421 1,560,000 514,750 7,286,171 12/31/2037 3,810,000 534,901 1,635,000 436,750 6,416,651 12/31/2038 3,020,000 401,825 1,720,000 355,000 5,496,825 12/31/2039 1,395,000 294,025 1,805,000 269,000 3,763,025 12/31/2040 1,445,000 245,200 830,000 178,750 2,698,950 12/31/2041 1,500,000 187,400 870,000 137,250 2,694,650 12/31/2042 1,560,000 127,400 915,000 93,750 2,696,150 12/31/2043 1,625,000 65,000 960,000 48,000 2,698,000 Total $175,370,000 $59,775,494 $26,565,000 $18,904,169 $280,614,662 (1)Preliminary, subject to change. (2)Includes capitalized interest through December 1, 2019. (The remainder of this page has been left blank intentionally.) 597 of 921 - 20 - C\1311280.3 A portion of the debt service on the City’s outstanding general obligation bonds is expected to be paid from sources other than general property taxes levied throughout the City. These sources include incremental taxes in TIF districts, special service area taxes, and revenues from various enterprise funds including sewer services fees (“Other Debt Service Sources”). The City’s total general obligation debt service schedule and portion expected to be paid from Other Debt Service Sources is presented in the table below; no assurance is given that such Other Debt Service Sources will be available or will be so applied. Total and Scheduled for Abatement General Obligation Debt Service(1) Expected to be Paid From Year Outstanding G.O. Debt(2)* Other Debt Service Sources(2)* Net Ending Principal Interest Principal Interest Debt Service(2)* 12/31/2019 $ 10,860,000 $ 6,877,005 $ 3,640,301 $ 2,418,854 $ 11,677,850 12/31/2020 11,515,000 7,265,319 1,940,317 2,435,149 14,404,854 12/31/2021 11,870,000 6,904,816 2,009,815 2,374,340 14,390,661 12/31/2022 12,830,000 6,518,834 2,219,295 2,309,529 14,820,011 12/31/2023 11,505,000 6,060,983 2,332,700 2,206,300 13,026,981 12/31/2024 11,520,000 5,627,320 2,563,255 2,098,380 12,485,683 12/31/2025 11,920,000 5,179,665 2,671,890 1,974,378 12,453,397 12/31/2026 11,065,000 4,704,125 2,656,103 1,842,873 11,270,150 12/31/2027 10,450,000 4,257,290 2,717,839 1,709,630 10,279,822 12/31/2028 9,775,000 3,839,040 2,823,276 1,574,974 9,215,790 12/31/2029 9,205,000 3,453,790 2,768,721 1,436,683 8,453,387 12/31/2030 9,070,000 3,091,687 2,921,475 1,303,172 7,937,042 12/31/2031 9,430,000 2,729,053 3,068,468 1,162,514 7,928,066 12/31/2032 8,570,000 2,347,600 2,732,724 1,014,619 7,170,257 12/31/2033 8,285,000 2,044,008 2,541,659 899,673 6,887,676 12/31/2034 7,725,000 1,740,812 2,510,885 787,221 6,167,707 12/31/2035 7,165,000 1,462,891 2,427,717 675,535 5,524,642 12/31/2036 6,085,000 1,201,171 1,715,899 565,327 5,004,946 12/31/2037 5,445,000 971,651 1,569,947 477,816 4,368,888 12/31/2038 4,740,000 756,825 1,596,857 393,338 3,506,631 12/31/2039 3,200,000 563,025 970,774 307,322 2,484,931 12/31/2040 2,275,000 423,950 753,669 245,200 1,700,082 12/31/2041 2,370,000 324,650 811,469 187,400 1,695,782 12/31/2042 2,475,000 221,150 871,469 127,400 1,697,282 12/31/2043 2,585,000 113,000 933,869 65,000 1,699,132 Total $201,935,000 $78,679,662 $53,770,392 $30,592,626 $196,251,651 (1)As of the Dated Date. (2)Amounts are rounded. (The remainder of this page has been left blank intentionally.) *Preliminary, subject to change. 598 of 921 - 21 - C\1311280.3 Overlapping General Obligation Bonded Debt (As of March 18, 2019) Total Percent Amount Taxing Body Outstanding Debt Allocable Allocable Cook County $2,950,121,751 1.82% $ 53,692,216 Cook County Forest Preserve District(1) 92,605,000 1.82% 1,685,411 Metropolitan Water Reclamation District(2) 2,679,240,889 1.86% 49,833,881 Skokie Park District(3) 3,076,000 0.62% 19,071 Community Consolidated School District No. 65 71,646,067 90.34% 64,725,057 Township High School District No. 202 26,865,000 90.34% 24,269,841 Community College District No. 535 32,130,000 12.00% 3,855,600 Total Overlapping General Obligation Bonded Debt $198,081,077 (1)Does not include $48,305,000 alternate revenue source bonds. (2)Does not include $97,190,000 alternate revenue source bonds. (3)Does not include $19,348,484 alternate revenue source bonds. Source: Cook County Tax Extension and the MSRB’s Electronic Municipal Market Access system (“EMMA”). Debt Ratios Metric Value True Value (2017) $8,220,180,360 EAV (2017)(1) 2,740,060,120 Population (U.S. Census Bureau 2013-2017 ACS 5-year population estimate) 75,557 Direct Debt (Property Tax Supported)* $ 148,164,608 Direct Debt (Supported by Other Sources)* 53,770,392 Total Direct Debt* $ 201,935,000 Self-imposed Debt Limit (Property Tax Supported)(2) $ 150,000,000 Total Overlapping Debt $ 198,081,077 Total Direct and Overlapping Debt* $ 400,016,077 Total Direct and Overlapping Debt (Less Debt Supported by Other Sources)* $ 346,245,685 General Obligation All General Debt (Less Debt Supported Debt Ratio Obligation Debt by Other Sources) Direct Debt Per True Value* 2.46% 1.80% Direct Debt Per EAV* 7.37% 5.41% Direct Debt Per Capita* $2,673 $1,961 Direct and Overlapping Debt Per True Value* 4.87% 4.21% Direct and Overlapping Debt Per EAV* 14.60% 12.64% Direct and Overlapping Debt Per Capita* $5,294 $4,583 (1)Does not include TIF incremental value. (2)See “THE CITY – Government” herein for a discussion of the City’s self-imposed debt limit. Direct Debt (Supported by Other Sources) is not subject to the self-imposed debt limit. *Preliminary, subject to change. 599 of 921 - 22 - C\1311280.3 General Obligation Debt Trends Year Governmental Business-Type Library Total Ending Activities Activities Component Unit General Obligation 12/31/2018 $144,701,821 $25,839,037 $4,829,139 $175,369,997 12/31/2017 117,965,915 25,504,953 3,029,128 146,499,996 12/31/2016 112,107,778 29,902,079 1,970,143 143,980,000 12/31/2015 114,683,721 30,957,894 1,643,381 147,284,996 12/31/2014 116,836,839 29,787,840 2,125,321 148,750,000 12/31/2013 117,531,511 30,411,358 2,767,131 150,710,000 12/31/2012 120,938,742 33,221,258 -- 154,160,000 12/31/2011 122,579,206 35,115,794 -- 157,695,000 2/28/2011 117,322,439 36,212,561 -- 153,535,000 2/28/2010 111,233,880 40,236,120 -- 151,470,000 [Future Financings] The City does not plan to issue additional debt during this calendar year. Fundraising efforts by Friends continue in order to minimize the City’s debt liability associated with the Robert Crown Project. REAL PROPERTY TAXATION As a home-rule municipality, the City has the ability to levy real property taxes on the taxable property in the City without limitation as to rate or amount. The City levies real property taxes for general government purposes, pension contributions, and general obligation debt service. Real property taxes are applied to taxable property based on its assessed value (less various exemptions), as equalized among counties by the Department of Revenue. This is referred to as the equalized assessed valuation or “EAV.” See “Real Property Assessment, Tax Levy, and Collections Procedures” herein. Taxable property is reassessed every three years. The most recent reassessment period was tax year 2017. The following table shows the City’s EAV in recent years. The taxes collected in 2017 were payable with respect to the EAV for tax year 2016. The EAV of property for tax year 2017 was approximately $2.74 billion, which does not include the EAV included in TIF districts (see “Tax Increment Financing” herein). Historic EAV(1) Tax Year Total % Change 2017 $2,740,060,120 2.61% 2016 2,670,411,769 21.60% 2015 2,196,021,525 -2.16% 2014 2,244,569,975 1.95% 2013 2,201,697,038 -12.44% 2012 2,514,621,552 -7.80% 2011 2,727,367,573 -10.34% 2010 3,041,884,087 -7.99% 2009 3,305,989,369 12.51% 2008 2,938,397,892 5.99% (1)TIF Incremental value not included. Source: Cook County Clerk’s Office. Property owned by not-for-profit colleges, universities, and hospitals is not subject to real property taxation. Northwestern University, the City’s largest employer, does not pay property taxes on educational properties. The University does pay its share of water and sewer charges, utilities taxes, permit fees, and other charges for services. 600 of 921 - 23 - C\1311280.3 EAV by Classification of Property(1) 2013 Percent 2014 Percent 2015 Percent 2016 Percent 2017 Percent Residential $1,653,524,481 75.10% $1,792,383,435 79.85% $1,751,252,888 79.75% $2,151,672,082 80.57% $2,178,182,897 79.49% Farm 15,956 0.00% 15,467 0.00% 15,467 0.00% 15,467 0.00% 15,467 0.00% Commercial 452,108,891 20.53% 416,165,953 18.54% 410,670,248 18.70% 483,830,858 18.12% 527,589,667 19.25% Industrial 94,820,879 4.31% 34,726,327 1.55% 32,549,681 1.48% 33,333,491 1.25% 32,680,857 1.195 Railroad 1,226,831 0.06% 1,278,793 0.06% 1,533,241 0.07% 1,559,871 0.06% 1,591,232 0.06% Total EAV $2,201,697,038 100.00% $2,244,569,975 100.00% $2,196,021,525 100.00% $2,670,411,769 100.00% $2,740,060,120 100.00% (1)Does not include TIF incremental value. See “Tax Incremental Financing” below. The City’s TIF incremental value for 2017 was $77,954,625. Note: Percentages may not add to 100% because of rounding. Source: Cook County Clerk’s Office. Tax Increment Financing Under Illinois law, municipalities may designate particular areas as redevelopment project areas and may provide for tax increment financing for redevelopment project costs in those TIF districts. In a TIF district, collections of real property taxes levied by all taxing bodies, to the extent attributed to increases in the EAV of the TIF district over its EAV when the TIF district was so designated, are deposited in a special tax allocation fund of the municipality and are available for use by the municipality to pay qualified redevelopment costs with respect to the TIF district. Qualified redevelopment costs include, among other items, costs of construction of public works or improvements, costs of rehabilitation of public or private buildings, and costs of land acquisition. Amounts in the special tax allocation fund for a TIF district also may be used to pay debt service on bonds issued by the municipality for qualified redevelopment costs of that district (“TIF Bonds”). To the extent that the tax collections in respect of a TIF district are deposited in the special tax allocation fund and used for qualified redevelopment costs or related debt service, they are not available for other governmental purposes, including paying unrelated general obligation bonds of the municipality. As of tax year 2017 the City has designated five TIF districts. The total incremental EAV of these districts for this tax year totaled $77,954,625. The EAV for these districts at the time the districts were so designated (the base or “frozen” value) was $91,489,225. EAV of Tax Increment Financing Districts 2013 2014 2015 2016 2017 Frozen Value $100,935,488 $ 99,927,882 $ 99,927,882 $ 91,489,225 $ 91,489,225 Incremental Value 73,305,912 67,584,148 64,362,312 68,721,151 77,954,625 Total EAV(1) $162,748,327 $157,025,794 $154,808,491 $158,901,401 $168,878,659 (1)The Total EAV of the TIF districts located in the City may not equal the sum of the Frozen Value and the Incremental EAV where the current EAV of certain TIF districts is less than the Frozen Value. Source: Cook County Clerk’s Office. TIF Bonds may, in some cases, also be general obligations of the municipality. In that case general obligation bonds, in addition to their other claims for payment, may have a claim for payment from the amounts on deposit in the special tax allocation fund for that TIF district. Special Service Areas Under Illinois law, municipalities may establish special service areas and may levy real property taxes with respect to taxable real property within the special service area to pay costs of special municipal services for the area or to pay debt service on bonds of the municipality issued to provide those special services. The City has established a number of special service areas for the upgrade of streets and sidewalks in its central business district. Taxes levied and collected with respect to special service areas are not shown as general revenues of the City. 601 of 921 - 24 - C\1311280.3 City Property Taxes The following table shows the collection history for real property taxes levied by the City. Tax Extensions and Collections Taxes Levy Collection Taxes Collected and Percent Year Year Extended Distributed Collected 2017 2018 $48,494,651 $45,908,361 94.67% 2016 2017 47,538,529 46,723,572 98.29% 2015 2016 46,394,914 44,974,845 96.94% 2014 2015 45,557,079 44,280,493 97.20% 2013 2014 43,869,798 42,762,685 97.48% 2012 2013 43,330,121 41,776,375 96.41% 2011 2012 43,397,590 42,064,756 96.93% 2010 2011 41,479,398 39,412,004 95.02% 2009 2010 39,779,364 38,018,159 95.57% 2008 2009 38,044,671 36,246,629 95.27% The following table shows the ten largest real property taxpayers in the City. Ten Largest Real Property Taxpayers Percentage 2017 Equalized of Total Taxpayer Type of Business Assessed Values City EAV Orrington TT LLC Golub Commercial buildings and public parking garage $ 30,589,645 1.09% Rotary International Non-profit organization 27,015,153 0.96% McCaffery Interests Commercial buildings 24,085,133 0.85% FSP 909 Davis Street Commercial buildings 20,064,249 0.71% MB Sherman Highlands Commercial buildings 17,562,846 0.62% Northshore University Health Commercial, healthcare 16,190,838 0.57% 1890 Maple LLC Apartments 15,850,962 0.56% Omni Orrington Hotel Hotel 14,841,112 0.53% TIAA PK Evanston Inc. Apartment building, super market, retail store 13,801,338 0.49% Evanston LLC Commercial buildings 12,869,296 0.46% Top Ten Total $192,870,473 6.84% City Total 2017 EAV, including TIF incremental value. $2,818,014,745 Source: Cook County Clerk’s Office. 602 of 921 - 25 - C\1311280.3 Property tax rates for City purposes, as well as rates for governmental bodies that substantially overlap the City are shown below. Historic City Tax Rates (Per $100 EAV) Fund 2013 2014 2015 2016 2017 Corporate $ 0.4351 $ 0.3939 $ 0.3896 $ 0.2954 $ 0.2942 Bond & Interest 0.5468 0.5298 0.4990 0.4234 0.4092 Garbage -- -- -- -- 0.0153 Police Pension 0.3740 0.3810 0.4208 0.3788 0.3775 Fire Pension 0.2809 0.2756 0.3286 0.3007 0.3003 IMRF 0.1225 0.1238 0.1238 0.1018 0.0930 General Assistance -- 0.0613 -- -- -- TOTAL $ 1.759 $ 1.765 $ 1.762 $ 1.501 $ 1.490 Tax Rates for Overlapping Taxing Agencies (Taxes Billed in 2017 – Per $100 EAV) Taxing Agency 2017 Rate City of Evanston $ 1.490 Cook County 0.496 Cook County Forest Preserve District 0.062 Consolidated Elections 0.031 City of Evanston Library Fund 0.247 General Assistance 0.034 Elementary School District No. 65 3.673 Evanston Township High School District No. 202 2.329 Oakton Community College District No. 535 0.232 Metropolitan Water Reclamation District 0.402 North Shore Mosquito Abatement District 0.010 Total - property not in park or special purpose district $ 9.006 Source: Cook County Clerk’s Office. Real Property Assessment, Tax Levy, and Collection Procedures The following is a summary of general real property assessment, tax levy, and collection procedures in the County. Real Property Assessment. The County Assessor (the “Assessor”) is responsible for the assessment of all taxable real property within the County, including such property located within the boundaries of the City, except for certain railroad property, pollution control facilities, and low sulfur dioxide emission coal-fueled devices, which are assessed directly by the Department of Revenue. For triennial reassessment purposes, Cook County is divided into three districts: west and south suburbs (the “South Tri”), north and northwest suburbs (the “North Tri”), and the City of Chicago (the “City Tri”). The City is located in the North Tri and was reassessed for the 2016 tax levy year. In response to the downturn of the real estate market, the Assessor reduced the 2009 assessed value on suburban residential properties (specifically, those properties located in the South Tri and the North Tri) not originally scheduled for reassessment in 2009. For tax year 2009, each suburban township received an adjustment percentage for tax year 2009, lowering the existing assessed values of all residential properties in such township within a range of 4% to 15%, beginning with the second-installment tax bills payable in the fall of 2010. Real property in the County is separated into classes for assessment purposes. After the Assessor establishes the fair market value of a parcel of property, that value is multiplied by the appropriate classification percentage to arrive at the assessed valuation (the “Assessed Valuation”) for the parcel. Such classification percentages range from 10% for certain residential, commercial, and industrial property to 25% for other industrial and commercial property. 603 of 921 - 26 - C\1311280.3 Property is classified for assessment into six basic categories, each of which is assessed (beginning with the 2009 tax levy year) at various percentages of fair market value as follows: Class 1 - unimproved real estate (10%); Class 2 - residential (10%); Class 3 - rental-residential (16% in tax year 2009, 13% in tax year 2010, and 10% in tax year 2011 and subsequent years); Class 4 - not-for- profit (25%); Class 5a - commercial (25%); and Class 5b - industrial (25%). In addition, property may be temporarily classified into one of eight additional assessment classification categories. Upon expiration of such classification, property so classified will revert to one of the basic six assessment classifications described above. The Assessor has established procedures enabling taxpayers to contest their proposed Assessed Valuations. Once the Assessor certifies its final Assessed Valuations, a taxpayer can seek review of its assessment by appealing to the Cook County Board of Review (the “Board of Review”), which consists of three commissioners elected by the voters of the County. The Board of Review has the power to adjust the Assessed Valuations set by the Assessor. Owners of residential property having six or fewer units are able to appeal decisions of the Board of Review to the Illinois Property Tax Appeal Board (the “PTAB”), a statewide administrative body. The PTAB has the power to determine the Assessed Valuation of real property based on equity and the weight of the evidence. Taxpayers may appeal the decision of PTAB to either the circuit court of Cook County (the “Circuit Court”) or the Illinois appellate court under the Illinois Administrative Review Law. As an alternative to seeking review of Assessed Valuations by PTAB, taxpayers who have first exhausted their remedies before the Board of Review may file an objection in the Circuit Court. The procedure under this alternative is similar to the judicial review procedure described in the immediately preceding paragraph, however, the standard of proof differs. In addition, in cases where the Assessor agrees that an assessment error has been made after tax bills have been issued, the Assessor can correct any factual error, and thus reduce the amount of taxes due, by issuing a Certificate of Error. Certificates of Error are not issued in cases where the only issue is the opinion of the valuation of the property. Equalization. After the Assessor has established the Assessed Valuation for each parcel for a given year, and following any revisions by the Board of Review or PTAB, the Department of Revenue is required by statute to review the Assessed Valuations. The Department of Revenue establishes an equalization factor (the “Equalization Factor”), commonly called the “multiplier,” for each county to make all valuations uniform among the 102 counties in the State. Under State law, the aggregate of the assessments within each county is equalized at 33-1/3% of the estimated fair cash value of real property located within the county prior to any applicable exemptions. One multiplier is applied to all property in the County, regardless of its assessment category, except for certain farmland property and wind energy assessable property, which are not subject to equalization. Once the Equalization Factor is established, the Assessed Valuation, as revised by the Board of Review or PTAB, is multiplied by the Equalization Factor to determine the EAV of that parcel. The EAV for each parcel is the final property valuation used for determination of tax liability. The aggregate EAV for all parcels in any taxing body’s jurisdiction, plus the valuation of property assessed directly by the Department of Revenue, constitute the total real estate tax base for the taxing body, which is used to calculate tax rates (the “Assessment Base”). Exemptions. The Illinois Property Tax Code, as amended (the “Property Tax Code”), currently provides for a variety of different homestead exemptions (“Homestead Exemptions”). Homestead Exemptions reduce the property tax burden of the recipient while increasing the tax burden for all other taxpayers in the taxing district. The General (Residential) Homestead Exemption reduces the taxable assessed value of an individual's primary residence by an amount equal to the increase in EAV over the 1977 EAV. The maximum assessment deduction for counties with 3,000,000 or more inhabitants is $7,000 for taxable years 2012 through 2016 and $10,000 for taxable years 2017 and thereafter. This exemption may be granted on a pro-rated basis for newly constructed homes based upon the number of days in the tax year the home was occupied by the taxpayer. The Disabled Persons’ Homestead Exemption is an additional exemption available to certain disabled individuals who meet State-mandated guidelines. The exemption reduces the taxable assessed value by an additional $2,000. The Long-Time Occupant Homestead Exemption limits the increase in EAV of a taxpayer’s homestead property to 10% per year if such taxpayer has owned the property for at least ten years as of January 1 of the assessment year (or five years if purchased with certain government assistance) and has a household income of $100,000 or less (“Qualified Homestead Property”). If the taxpayer’s annual income is $75,000 or less, the EAV of the Qualified Homestead Property may increase by no more than 7% per year. There is no exemption limit for Qualified Homestead Properties. The Homestead Improvement Exemption applies to residential properties that have been improved or rebuilt in the 2 years following a catastrophic event, as defined in the Property Tax Code. The exemption is limited to the fair cash value up to an annual 604 of 921 - 27 - C\1311280.3 maximum of $75,000 for up to four years (or $25,000 in assessed value, which is 33-1/3% of fair cash value), to the extent the assessed value deduction is attributable solely to such improvements or rebuilding. There are two additional exemptions for senior citizens. The Senior Citizens Homestead exemption operates annually to reduce the EAV on a senior citizen's home. The maximum reduction for counties with 3,000,000 or more inhabitants is $5,000 for taxable years 2013 through 2016 and $8,000 for taxable years 2017 and thereafter. Furthermore, property that is first occupied as a residence after January 1 of any assessment year by a person who is eligible for the Senior Citizens Homestead Exemption must be granted a pro-rata exemption for the assessment year based on the number of days during the assessment year that the property is occupied as a residence by a person eligible for the exemption. A Senior Citizens Assessment Freeze Homestead Exemption freezes property tax assessments for homeowners who are 65 and older and receive an annual income not in excess of $55,000 through taxable year 2016 and $65,000 for taxable year 2017 and thereafter. In general, this exemption limits the annual real property tax bill of such property by granting to qualifying senior citizens an exemption as to a portion of the valuation of their property. The exempt amount is the difference between (i) the current EAV of their residence and (ii) the base amount, which is the EAV of a senior citizen's residence for the year prior to the year in which he or she first qualifies and applies for this exemption, plus the EAV of improvements since such year. Beginning in taxable year 2017, the amount of the exemption is equal to the greater of the amount calculated as described in the previous sentence (as more completely set forth in the Property Tax Code) or $2,000. Beginning January 1, 2015, purchasers of certain single family homes and residences of one to six units located in certain targeted areas (as defined in the applicable section of the Property Tax Code) can apply for the Community Stabilization Assessment Freeze Pilot Program. To be eligible the purchaser must meet certain requirements for rehabilitating the property, including expenditures of at least $5 per square foot, adjusted by CPI. Upon meeting the requirements, the assessed value of the improvements is reduced by (a) 90% in the first seven years, (b) 65% in the eighth year, and (c) 35% in the ninth year. The benefit ceases in the tenth year. The program will be phased out by June 30, 2029. The Natural Disaster Homestead Exemption (the “Natural Disaster Exemption”) applies to homestead properties containing a residential structure that has been rebuilt following a natural disaster, as defined in the Property Tax Code, occurring in taxable year 2012 or any taxable year thereafter. The Natural Disaster Exemption is equal to the EAV of the residence in the first taxable year for which the taxpayer applies for the exemption minus the base amount. To be eligible for the Natural Disaster Exemption, the residential structure must be rebuilt within two years after the date of the natural disaster, and the square footage of the rebuilt residential structure may not be more than 110% of the square footage of the original residential structure as it existed immediately prior to the natural disaster. The Natural Disaster Exemption remains at a constant amount until the taxable year in which the property is sold or transferred. Three exemptions are available to veterans of the United States armed forces. The Veterans with Disabilities Exemption for Specially-Adapted Housing exempts up to $100,000 of the Assessed Valuation of property owned and used exclusively by veterans with a disability, their spouses or unmarried surviving spouses. Qualification for this exemption requires the veteran’s disability to be of such a nature that the federal government has authorized payment for purchase of specially adapted housing under the U.S. Code as certified to annually by the Illinois Department of Veterans Affairs or for housing or adaptations donated by a charitable organization to the veteran with a disability. The Standard Homestead Exemption for Veterans with Disabilities provides an annual homestead exemption to veterans with a service-connected disability based on the percentage of such disability. If the veteran has a (i) service-connected disability of 30% or more but less than 50%, the annual exemption is $2,500, (ii) service-connected disability of 50% or more but less than 70%, the annual exemption is $5,000, and (iii) service-connected disability of 70% or more, the property is exempt from taxation. The Returning Veterans’ Homestead Exemption is available for property owned and occupied as the principal residence of a veteran in the assessment year, and the year following the assessment year, in which the veteran returns from an armed conflict while on active duty in the United States armed forces. This provision grants a one-time, two-year homestead exemption of $5,000. Lastly, in addition to the Homestead Exemptions, certain property is exempt from taxation on the basis of ownership and/or use, such as public parks, not-for-profit schools and public schools, churches, and not-for-profit hospitals and public hospitals. Tax Levy. As part of the annual budgetary process of governmental units (the “Units”) with power to levy taxes in the County, the designated body for each Unit annually adopts proceedings to levy real estate taxes. The administration and collection of real estate taxes is statutorily assigned to the County Clerk and the County Treasurer. After the Units file their annual tax levies, the County Clerk computes the annual tax rate for each Unit. 605 of 921 - 28 - C\1311280.3 Extensions. The County Clerk then computes the total tax rate applicable to each parcel of real property by aggregating the tax rates of all of the Units having jurisdiction over the particular parcel. The County Clerk extends the tax by entering the tax (determined by multiplying the total tax rate by the EAV of that parcel for the current assessment year) in the books prepared for the County Collector (the “Warrant Books”) along with the tax rates, the Assessed Valuation, and the EAV. The Warrant Books are the County Collector’s authority for the collection of taxes and are used by the County Collector as the basis for issuing tax bills to all property owners. Collections. Property taxes are collected by the County Collector, who also serves as the County Treasurer, who remits to each Unit its share of the collections. Taxes levied in one year become payable during the following year in two installments, the first due on March 1 and the second on the later of August 1 or 30 days after the mailing of the tax bills. A payment due is deemed to be paid on time if the payment is postmarked on the due date. Beginning with the first installment payable in 2010, the first installment is equal to 55% of the prior year’s tax bill. However, if a Certificate of Error is approved by a court or certified on or before November 30 of the preceding year and before the estimated tax bills are prepared, then the first installment is instead based on the certain percentage of the corrected prior year’s tax bill. The second installment covers the balance of the current year’s tax bill, and is based on the then current tax year levy, Assessed Valuation, and Equalization Factor, and reflects any changes from the prior year in those factors. The following table sets forth the second installment penalty date for the last 10 tax levy years in Cook County; the first installment penalty date has been March 1 for all such years. Tax Levy Year Second Installment Penalty Date 2008 December 1, 2009 2009 December 13, 2010 2010 November 1, 2011 2011 August 1, 2012 2012 August 1, 2013 2013 August 1, 2014 2014 August 3, 2015 2015 August 1, 2016 2016 August 1, 2017 2017 August 1, 2018 It is possible that the changes to the assessment appeals process described above will cause delays similar to those experienced in past years in preparation and mailing of the second installment in future years. The County may provide for tax bills to be payable in four installments instead of two. However, the County has not required payment of tax bills in four installments. During the periods of peak collections, tax receipts are forwarded to each Unit on a weekly basis. Upon receipt of taxes from the County Collector, the City promptly credits the taxes received to the funds for which they were levied. At the end of each collection year, the County Collector presents the Warrant Books to the Circuit Court and applies for a judgment for all unpaid taxes. The court orders resulting from the application for judgment provides for an Annual Tax Sale (the “Annual Tax Sale”) of unpaid taxes shown on that year’s Warrant Books. A public sale is held, at which time successful tax buyers pay the unpaid taxes plus penalties. In each such public sale, the collector can use any “automated means.” Unpaid taxes accrue penalties at the rate of 1.5% per month from their due date until the date of sale. Taxpayers can redeem their property by paying the amount paid at the sale, plus a maximum of 12% for each six-month period after the sale. If no redemption is made within the applicable redemption period (ranging from six months to two and one-half years depending on the type and occupancy of the property) and the tax buyer files a petition in the Circuit Court, notifying the necessary parties in accordance with the applicable law, the tax buyer receives a deed to the property. In addition, there are miscellaneous statutory provisions for foreclosure of tax liens. If there is no sale of the tax lien on a parcel of property at the Annual Tax Sale, the taxes are forfeited and the property becomes eligible to be purchased at any time thereafter at an amount equal to all delinquent taxes and interest accrued to the date of purchase. Redemption periods and procedures are the same as applicable to the Annual Tax Sale. The Scavenger Sale (the “Scavenger Sale”), like the Annual Tax Sale, is a sale of unpaid taxes. The Scavenger Sale is held every two years on all property on which two or more years’ taxes are delinquent. The sale price of the unpaid taxes is the amount bid at such sale, which may be less than the amount of delinquent taxes. Redemption periods vary from six months to two and a half years depending upon the type and occupancy of the property. Truth in Taxation Law. Legislation known as the Truth in Taxation Law (the “Law”) limits the aggregate amount of certain taxes which can be levied by, and extended for, a taxing district to 105% of the amount of taxes extended in the preceding year unless specified notice, hearing, and certification requirements are met by the taxing body. The express purpose of the Law is to require published disclosure of, and hearing upon, an intention to adopt a levy in excess of the specified levels. 606 of 921 - 29 - C\1311280.3 PENSION AND RETIREMENT OBLIGATIONS(1) Illinois Municipal Retirement Fund The City contributes to the Illinois Municipal Retirement Fund (“IMRF”), a defined benefit agent multiple-employer public employee retirement system that acts as a common investment and administrative agent for local governments and school districts in the State (other than those covered by the Police or Firefighters' Pension Plan). The Illinois Pension Code establishes the benefit provisions of the plan that can only be amended by the Illinois General Assembly. IMRF issues a publicly available financial report that includes financial statements and supplementary information for the plan as a whole, but not by individual employer. That report may be obtained online at www.imrf.org or by writing to the Illinois Municipal Retirement Fund, 2211 York Road, Suite 500, Oak Brook, Illinois 60523. Plan Administration. All employees hired in positions that meet or exceed the prescribed annual hourly standard must be enrolled in IMRF as participating members. The plan is accounted for on the economic resources measurement focus and the accrual basis of accounting. Employer and employee contributions are recognized when earned in the year that the contributions are required; benefits and refunds are recognized as an expense and liability when due and payable. Benefits Provided. IMRF provides two tiers of pension benefits. Employees hired before January 1, 2011, are eligible for Tier 1 benefits. Tier 1 employees are vested for pension benefits when they have at least eight years of qualifying service credit. Tier 1 employees who retire at age 55 (at reduced benefits) or after age 60 (at full benefits) with eight years of service are entitled to an annual retirement benefit, payable monthly for life, in an amount equal to 1-2/3% of the final rate of earnings, for the first 15 years of service credit, plus 2% for each year of service credit after 15 years to a maximum of 75% of their final rate of earnings. The final rate of earnings is the highest total earnings during any consecutive 48 months within the last 10 years of service, divided by 48. Employees hired on or after January 1, 2011, are eligible for Tier 2 benefits. For Tier 2 employees, pension benefits vest after ten years of service. Participating members who retire at age 62 (reduced benefits) or after age 67 (full benefits) with ten years of credited service are entitled to an annual retirement benefit, payable monthly for life, in an amount equal to 1-2/3% of their final rate of earnings, for the first 15 years of service credit, plus 2% for each year of service credit after 15 years to a maximum of 75% of their final rate of earnings. Final rate of earnings is the highest total earnings during any 96 consecutive months within the last 10 years of service, divided by 96. Plan Membership. At December 31, 2016, IMRF membership consisted of the following: Inactive employees or their beneficiaries currently receiving benefits 664 Inactive employees entitled to but not yet receiving benefits 353 Active employees 539 Total 1,556 The IMRF data included in the table above included membership of both the City and the Library. Contributions. Employees participating in IMRF are required to contribute 4.50% of their annual covered salary to IMRF. The member rate is established by State statute. The City is required to contribute the remaining amounts necessary to fund IMRF as specified by statute. The employer contribution rate for the calendar year ended December 31, 2017 was 10.66% of covered payroll. (1)Source: The City; CAFR for fiscal year ended 12/31/2017. 607 of 921 - 30 - C\1311280.3 Actuarial Assumptions. The City’s net pension liability was measured as of December 31, 2016 and the total pension liability used to calculate the net pension liability was determined by an actuarial valuation performed as of the same date using the following actuarial methods and assumptions: Actuarial Valuation Date 12/31/2016 Actuarial Cost Method Entry-age Normal Asset Valuation Method Market Value Inflation Rate 2.75% Salary Increases 3.75% - 14.50% Investment Rate of Return 7.50% Cost of Living Adjustments 3.00% For nondisabled retirees, an IMRF specific mortality table was used with fully generational projection scale MP-2014 (base year 2012). IMRF specific rates were developed from the RP-2014 Blue Collar Health Annuitant Mortality Table with adjustments to match current IMRF experience. For disabled retirees, an IMRF specific mortality table was used with fully generational projection scale MP-2014 (base year 2012). IMRF specific rates were developed from the RP-2014 Disabled Retirees Mortality Table applying the same adjustment that were applied for nondisabled lives. For active members, an IMRF specific mortality table was used with fully generational projection scale MP-2014 (base year 2012). IMRF specific rates were developed from the RP-2014 Employee Mortality Table with adjustments to match current IMRF experience. Changes in assumptions related to retirement age and mortality were made since the prior measurement date. Discount Rate. The discount rate used to measure the total pension liability was 7.50%. The projection of cash flows used to determine the discount rate assumed that member contributions will be made at the current contribution rate and that the City contributions will be made at rates equal to the difference between actuarially determined contribution rates and the member rate. Based on those assumptions, the City’s fiduciary net position was projected to be available to make all projected future benefit payments of current plan members. Discount Rate Sensitivity. The following is a sensitivity analysis of the net pension liability (asset) to changes in the discount rate. The table below presents the net pension liability (asset) of the City calculated using the discount rate of 7.50% as well as what the City’s net pension liability (asset) would be if it were calculated using a discount rate that is 1 percentage point lower (6.50%) or 1 percentage point higher (8.50%) than the current rate: 1% Decrease (6.50%) Current Discount Rate (7.50%) 1% Increase (8.50%) City $41,946,384 $15,480,181 $(6,317,096) Library 4,072,688 1,503,385 (613,344) Total $46,019,072 $16,983,566 $(6,930,440) (The remainder of this page has been left blank intentionally.) 608 of 921 - 31 - C\1311280.3 Schedule of Changes in Net Pension Liability and Related Ratios. Total Pension Liability – Calendar Year Ending December 31, 2016 Service Cost $ 3,951,687 Interest 16,947,408 Changes in Benefit Terms - Difference Between Expected and Actual Experience (2,905,680) Changes of Assumptions (269,039) Benefit Payments, including Refunds of Employee Contributions (12,270,564) Net Change in Total Pension Liability 5,453,812 Total Pension Liability – Beginning of Year 230,426,570 Total Pension Liability – End of Year $235,880,382 Plan Fiduciary Net Position – Calendar Year Ending December 31, 2016 Contributions – Employer $ 3,963,856 Contributions – Employee 1,705,636 Net investment income 14,441,739 Benefit payments, including Refunds of Member Contributions (12,270,564) Administrative Expense (142,981) Net Change in Plan Fiduciary Net Position 7,697,686 Plan Fiduciary Net Position – Beginning 211,199,130 Plan Fiduciary Net Position – Ending $218,896,816 Employer Net Pension Liability $ 16,983,566 Plan Fiduciary Net Position as a % of Total Pension Liability 92.80% Covered-Employee Payroll $ 37,477,116 City’s Net Pension Liability as a % of Covered-Employee Payroll 45.32% Schedule of Employer Contributions. Fiscal Year Ended December 31, Actuarially Determined Contribution Actual Contribution Contribution Deficiency (Excess) % Contributed Covered Employee Payroll Contribution as a % of Covered Employee Payroll 2017 $3,698,900 $3,695,564 $ 3,336 99.9% $37,514,202 9.9% 2016 3,882,629 3,963,856 (81,227) 102.1% 37,477,116 10.6% 2015 3,977,718 4,018,268 (40,550) 101.0% 37,703,487 10.7% Police and Firefighters’ Pension Plans Plan Administration. The Police Pension Plan and Firefighters' Pension Plan are contributory, defined benefit public employee retirement plans administered by the City and a Board of Trustees for each fund. All sworn City police officers and firefighters are participants in the plans. The plans do not issue stand-alone financial reports and they are not included in the report of a public employee retirement system or another entity. The City accounts for the Police Pension and Firefighters' Pension Plans as pension trust funds. The plans are governed by a five-member pension board. Two members appointed by the City's Council, one elected by retired pension members, and two elected by active members, constitute the pension board. The Police and Firefighters' Pension Plans are accounted for on the economic resources measurement focus and the accrual basis of accounting. Employer and employee contributions are recognized when earned in the year that the contributions are required, benefits and refunds are recognized on an expense and liability when due and payable. For employer contributions, the City’s budget policy is to fund pension plans at the funding level recommended annually by the actuary. The General Fund is used to liquidate the net pension liability. 609 of 921 - 32 - C\1311280.3 Benefits Provided. As provided for by State statute, the Police and Firefighters' Pension Funds provide retirement benefits as well as death and disability benefits to employees grouped into two tiers. Tier 1 is for employees hired prior to January 1, 2011 and Tier 2 is for employees hired after that date. The following is a summary of the Police and Firefighters' Pension Funds as provided for by State statute. Police Pension Plan Tier 1 - Covered employees attaining the age of 50 or more with 20 or more years of creditable service are entitled to receive an annual retirement benefit of one half of the salary attached to the rank on the last day of service, or for one year prior to the last day, whichever is greater. The pension shall be increased by 2.5% of such salary for each additional year of service over 20 years up to 30 years to a maximum of 75% of such salary. Employees with at least 8 years but less than 20 years of credited service may retire at or after age 60 and receive a reduced retirement benefit. The monthly pension of a police officer who retired with 20 or more years of service after January 1, 1977 shall be increased annually, following the first anniversary date of retirement and paid upon reaching at least age 55, by 3% of the original pension and 3% compounded annually thereafter. Tier 2 - Covered employees attaining the age of 55 or more with 10 or more years of creditable service are entitled to receive a monthly pension of 2.5% of the final average salary for each year of creditable service. The salary is initially capped at $106,800 but increases annually thereafter and is limited to 75% of final average salary. Employees with 10 or more years of creditable service may retire at or after age 50 and receive a reduced retirement benefit. The monthly pension of a police officer shall be increased annually on the January 1 occurring either on or after the attainment of age 60 or the first anniversary of the pension start date, whichever is later. Each annual increase shall be calculated at 3% or one-half the annual unadjusted percentage increase in the consumer price index (“CPI”), whichever is less. Firefighters’ Pension Plan Tier 1 - Covered employees attaining the age of 50 or more with 20 or more years of creditable service are entitled to receive a monthly retirement benefit of one-half of the monthly salary attached to the rank held in the fire service at the date of retirement. The monthly pension shall be increased by one-twelfth of 2.5% of such monthly salary for each additional month over 20 years of service through 30 years of service to a maximum of 75% of such monthly salary. Employees with at least 10 years but less than 20 years of credited service may retire at or after age 60 and receive a reduced retirement benefit. The monthly pension of a firefighter who retired with 20 or more years of service after January 1, 1977 shall be increased annually, following the first anniversary date of retirement and paid upon reaching at least the age 55, by 3% of the original pension and 3% compounded annually thereafter. Tier 2 - Covered employees attaining the age of 55 or more with 10 or more years of creditable service are entitled to receive a monthly pension of 2.5% of the final average salary for each year of creditable service. The salary is initially capped at $106,800 but increases annually thereafter and is limited to 75% of final average salary. Employees with 10 or more years of creditable service may retire at or after age 50 and receive a reduced retirement benefit. The monthly pension of a firefighter shall be increased annually on the January 1 occurring either on or after the attainment of age 60 or the first anniversary of the pension start date, whichever is later. Each annual increase shall be calculated at 3% or one-half the annual unadjusted percentage increase in the CPI, whichever is less. Plan Membership. At January 1, 2017, plan membership consisted of the following: Police Firefighters’ Inactive plan members or their beneficiaries currently receiving benefits 177 137 Inactive plan members entitled to but not yet receiving benefits 17 3 Active plan members 165 103 Total 359 243 Contributions. Covered employees are required to contribute 9.91% of their base salary to the Police Pension Plan. If an employee leaves covered employment with less than 20 years of service, accumulated employee contributions may be refunded without accumulated interest. The City is required to contribute the remaining amounts necessary to finance the plans as actuarially determined by an enrolled actuary. Effective January 1, 2011, the City's contributions must accumulate to the point where the past service cost for the Police Pension Plan is 90% funded by the year 2040. For the year ended December 31, 2017, the City's contribution was 67.09% of covered payroll. Participants contribute a fixed percentage of their base salary to the Firefighters' Pension Plan. At December 31, 2017, the contribution percentage was 9.455%. If a participant leaves covered employment with less than 20 years of service, accumulated participant contributions may be refunded without accumulated interest. The City is required to contribute the remaining amounts necessary to finance the plan as actuarially determined by an enrolled actuary. Effective January 1, 2011, the City’s contributions must 610 of 921 - 33 - C\1311280.3 accumulate to the point where the past service cost for the Firefighters' Pension Plan is 90% funded by the year 2040. For the year ended December 31, 2017, the City’s contribution was 79.58% of covered payroll. Actuarial Assumptions(1). The City’s total pension liability was determined by an actuarial valuation performed using the following actuarial methods and assumptions: Police Firefighters’ Actuarial Valuation Date 12/31/2017 12/31/2017 Actuarial Cost Method Entry-age Normal Entry-age Normal Asset Valuation Method Market Value Market Value Inflation Rate 2.50% 2.50% Salary Increases 7.36% - 3.62% 7.36% - 3.62% Investment Rate of Return 6.50% 6.50% Cost of Living Adjustments 3.00% - 1.25% 3.00% - 1.25% Mortality rates were based on the RP-2000 Combined Healthy Mortality table with a Blue Collar Adjustment, projected to the valuation date using Scale BB; disabled mortality rate is based on RP-2000 Disabled Retiree Mortality table, projected to the valuation date using Scale BB. Discount Rate(1). The discount rate used to measure both the total police pension liability and the total firefighters' pension liability was 6.50%. The projection of cash flows used to determine the discount rate assumed that member contributions will be made at the current contribution rate and that the City contribution will be made at rates equal to the difference between actuarially determined contribution rates and the member rate. Based on those assumptions, both the Police Pension Plan's and the Firefighter’s Pension Plan's fiduciary net position was projected to be available to make all projected future benefit payments of current plan members. Discount Rate Sensitivity(1). The following is a sensitivity analysis of the net pension liability (asset) to changes in the discount rate. The table below presents the net pension liability (asset) of the City calculated using the discount rate of 6.50% as well as what the City’s net pension liability (asset) would be if it were calculated using a discount rate that is 1 percentage point lower (5.50%) or 1 percentage point higher (7.50%) than the current rate: 1% Decrease (5.50%) Current Discount Rate (6.50%) 1% Increase (7.50%) Police $134,626,063 $103,897,772 $ 78,684,576 Firefighters’ 111,627,360 89,151,276 70,686,477 Total $246,253,423 $193,049,048 $149,371,053 (The remainder of this page has been left blank intentionally.) (1)Source: The City; Actuarial Valuation Reports for fiscal year ended 12/31/2017. The values contained in the Actuarial Valuation Reports for fiscal year ended 12/31/2017 assume Investment Rates of Return of 6.50% for both the Police Pension Plan and Firefighters’ Pension Plan, which is an adjustment from the values contained in the CAFR for fiscal year ended 12/31/2017, which assumed Investment Rates of Return of 6.25%. 611 of 921 - 34 - C\1311280.3 Schedule of Changes in Net Pension Liability and Related Ratios(1). Total Pension Liability – Calendar Year Ending December 31, 2017 Police Firefighters’ Service Cost $ 3,993,751 $ 2,813,961 Interest 14,088,889 10,507,435 Changes in Benefit Terms - - Difference Between Expected and Actual Experience 424,390 368,761 Changes of Assumptions - - Benefit Payments, including Refunds of Employee Contributions (11,475,943) (8,608,369) Net Change in Total Pension Liability 7,031,087 5,080,788 Total Pension Liability – Beginning of Year 218,496,352 163,143,565 Total Pension Liability – End of Year $225,527,439 $168,224,353 Plan Fiduciary Net Position – Calendar Year Ending December 31, 2017 Contributions – Employer $ 10,300,549 $ 8,205,800 Contributions – Employee 1,521,467 974,992 Net investment income 15,240,680 7,974,296 Benefit payments, including Refunds of Member Contributions (11,475,943) (8,609,369) Administrative Expense (148,631) (72,640) Net Change in Plan Fiduciary Net Position 15,438,122 8,473,079 Plan Fiduciary Net Position – Beginning 106,191,545 70,599,998 Plan Fiduciary Net Position – Ending $121,629,667 $ 79,073,077 Employer Net Pension Liability $103,897,772 $ 89,151,276 Plan Fiduciary Net Position as a % of Total Pension Liability 53.93% 47.00% Covered-Employee Payroll $ 15,352,846 $ 10,311,920 City’s Net Pension Liability as a % of Covered-Employee Payroll 676.73% 864.55% Schedule of Employer Contributions(1). Police Pension Plan Fiscal Year Ended December 31, Actuarially Determined Contribution Actual Contribution Contribution Deficiency (Excess) % Contributed Covered Employee Payroll Contribution as a % of Covered Employee Payroll 2017 $10,237,200 $10,300,549 $ (63,349) 100.6% $15,352,846 67.1% 2016 9,380,940 9,450,824 (69,884) 100.7% 17,474,672 54.1% 2015 8,257,475 8,804,264 (546,789) 106.6% 14,921,328 59.0% Firefighters’ Pension Plan Fiscal Year Ended December 31, Actuarially Determined Contribution Actual Contribution Contribution Deficiency (Excess) % Contributed Covered Employee Payroll Contribution as a % of Covered Employee Payroll 2017 $8,148,709 $8,205,800 $ (57,091) 100.7% $10,311,920 79.6% 2016 7,350,865 7,396,641 (45,776) 100.6% 10,546,779 70.1% 2015 5,903,483 6,385,244 (481,761) 108.2% 10,396,357 61.4% (1)Source: The City; Actuarial Valuation Reports for fiscal year ended 12/31/2017. The values contained in the Actuarial Valuation Reports for fiscal year ended 12/31/2017 assume Investment Rates of Return of 6.50% for both the Police Pension Plan and Firefighters’ Pension Plan, which is an adjustment from the values contained in the CAFR for fiscal year ended 12/31/2017, which assumed Investment Rates of Return of 6.25%. 612 of 921 - 35 - C\1311280.3 OTHER POSTEMPLOYMENT BENEFITS(1) The City's and Library’s group health insurance plan provides coverage to active employees and retirees (or other qualified terminated employees) at blended premium rates. This results in an other postemployment benefit (“OPEB”) for the retirees, commonly referred to as an implicit rate subsidy. The group health insurance plan does not issue a publicly available financial report. Contribution requirements are established through State laws. The City and Library implicitly contribute the difference between retiree's contributions and unblended rates. Retirees pay 100% of the blended premiums to cover themselves and their covered dependents ranging from $493 for single coverage to $1,891 for family coverage. The City pays 100% of health care premiums for police officers and firefighters, their dependents, and their surviving spouses and dependent children if they were injured or killed in the line of duty during an emergency, ranging from $493 for single coverage to $1,891 for family coverage. For the year ended December 31, 2017, the City and Library's estimated contribution to the plan is $832,345. The City's and the Library's annual OPEB cost (expense) is calculated based on the annual required contribution of the employer (“ARC”), an amount actuarially determined in accordance with parameters of GASB Statement No. 45. The ARC represents a level of funding that, if paid on an ongoing basis, is projected to cover normal cost each year and amortize any unfunded actuarial liabilities (or funding excess) over a period not to exceed 30 years. Plan Membership. At December 31, 2016 (the date of last actuarial valuation), membership consisted of the following: Retirees and beneficiaries currently receiving benefits 87 Terminated employees entitled to but not yet receiving benefits - Active employees 729 Total 816 The following table shows the components of the City’s annual OPEB cost for the year ended December 31, 2017, the estimated contributions to the plan, and changes in the City’s net OPEB obligation to the retiree health plan: ARC $1,271,450 Interest on net OPEB obligation 127,747 Adjustment to Annual Required Contribution (108,410) Annual OPEB cost 1,290,787 Contributions made (822,579) Change in OPEB obligation 468,208 Net OPEB obligation - Beginning 2,838,835 Net OPEB obligation - Ending $3,307,043 Trend Information. The City's annual OPEB cost, the percentage of annual OPEB cost contributed to the plan, and the net OPEB obligation for 2017 and two years prior were as follows: Fiscal Year Ending Annual OPEB Cost % of OPEB Contributed Net OPEB Obligation 12/31/2017 $1,290,787 63.73% $3,304,043 12/31/2016 1,287,185 58.89% 2,838,835 12/31/2015 1,086,641 92.27% 2,309,788 Funding Status. As of December 31, 2017, the City’s actuarial accrued liability for benefits was $15,018,773, all of which was unfunded. The covered payroll (annual payroll of active employees covered by the plan) was $62,745,197, and the percentage of the unfunded actuarial accrued liability to covered payroll was 23.94%. In the actuarial valuation as of December 31, 2016, the entry-age normal cost method was used. The actuarial assumptions include a 4.5% discount rate and an annual health care cost trend rate of 8.0% initially, reduced by decrements to an ultimate rate of 4.5%. Both rates include a 3.5% price inflation assumption. The actuarial value of retiree health plan assets was determined using techniques that spread the effects of short-term volatility in the market value of investments over a three-year period. Retiree health plan's unfunded actuarial accrued liability is being amortized as a level percentage of projected payroll on an open basis. The amortization period at December 31, 2016 was 30 years. (1)Source: The City; CAFR for fiscal year ended 12/31/2017. 613 of 921 - 36 - C\1311280.3 TAX EXEMPTION Federal tax law contains a number of requirements and restrictions which apply to the Bonds, including investment restrictions, periodic payments of arbitrage profits to the United States, requirements regarding the proper use of bond proceeds and the facilities financed therewith, and certain other matters. The City and the 501(c)(3) Organizations have covenanted or will covenant to comply with all requirements that must be satisfied in order for the interest on the Series A Bonds to be excludable from gross income for federal income tax purposes. Failure to comply with certain of such covenants could cause interest on the Series A Bonds to become includible in gross income for federal income tax purposes retroactively to the date of issuance of the Series A Bonds. The City has covenanted to comply with all requirements that must be satisfied in order for the interest on the Series B Bonds to be excludable from gross income for federal income tax purposes. Failure to comply with certain of such covenants could cause interest on the Series B Bonds to become includible in gross income for federal income tax purposes retroactively to the date of issuance of the Series B Bonds. Subject to compliance by the City and the 501(c)(3) Organizations with the above referenced covenants, under present law, in the opinion of Bond Counsel, interest on the Series A Bonds is excludable from the gross income of the owners thereof for federal income tax purposes and is not included as an item of tax preference in computing the federal alternative minimum tax for individuals. Subject to the City’s compliance with the above referenced covenants, under present law, in the opinion of Bond Counsel, interest on the Series B Bonds is excludable from the gross income of the owners thereof for federal income tax purposes and is not included as an item of tax preference in computing the federal alternative minimum tax for individuals. In rendering its opinions, Bond Counsel will rely upon certifications of the City with respect to certain material facts within the City’s knowledge. Bond Counsel’s opinions represent its legal judgment based upon its review of the law and the facts that it deems relevant to render such opinion and is not a guarantee of a result. The City has agreed to confirm that the 501(c)(3) Organizations are 501(c)(3) organizations and certain other matters prior to entering into use agreements with same. Ownership of the Bonds may result in collateral federal income tax consequences to certain taxpayers, including, without limitation, corporations subject to the branch profits tax, financial institutions, certain insurance companies, certain S corporations, individual recipients of Social Security or Railroad Retirement benefits and taxpayers who may be deemed to have incurred (or continued) indebtedness to purchase or carry tax-exempt obligations. Prospective purchasers of the Bonds should consult their tax advisors as to applicability of any such collateral consequences. The issue price for original issue discount (as further discussed below) and market discount purposes (the “OID Issue Price”) for each maturity of the Bonds is the price at which a substantial amount of such maturity of the Bonds is first sold to the public (excluding bond houses and brokers and similar persons or organizations acting in the capacity of underwriters, placement agents or wholesalers). The OID Issue Price of a maturity of the Bonds may be different from the prices set forth, or the prices corresponding to the yields set forth, on the inside cover page hereof. If the OID Issue Price of a maturity of the Bonds is less than the principal amount payable at maturity, the difference between the OID Issue Price of each such maturity, if any, of the Bonds (the “OID Bonds”) and the principal amount payable at maturity is original issue discount. For an investor who purchases an OID Bond in the initial public offering at the OID Issue Price for such maturity and who holds such OID Bond to its stated maturity, subject to the condition that the City (and the 501(c)(3) Organizations, with respect to the Series A Bonds) comply with the covenants discussed above, (a) the full amount of original issue discount with respect to such OID Bond constitutes interest which is excludable from the gross income of the owner thereof for federal income tax purposes; (b) such owner will not realize taxable capital gain or market discount upon payment of such OID Bond at its stated maturity; (c) such original issue discount is not included as an item of tax preference in computing the alternative minimum tax for individuals under the Code, as described above; and (d) the accretion of original issue discount in each year may result in certain other collateral federal income tax consequences in each year even though a corresponding cash payment may not be received until a later year. Based upon the stated position of the Department of Revenue, under Illinois income tax law, accreted original issue discount on such OID Bonds is subject to taxation as it accretes, even though there may not be a corresponding cash payment until a later year. Owners of OID Bonds should consult their own tax advisors with respect to the state and local tax consequences of original issue discount on such OID Bonds. Owners of Bonds who dispose of Bonds prior to the stated maturity (whether by sale, redemption or otherwise), purchase Bonds in the initial public offering, but at a price different from the OID Issue Price or purchase Bonds subsequent to the initial public offering should consult their own tax advisors. If a Bond is purchased at any time for a price that is less than the Bond’s stated redemption price at maturity or, in the case of an OID Bond, its OID Issue Price plus accreted original issue discount (the “Revised Issue Price”), the purchaser will be treated as 614 of 921 - 37 - C\1311280.3 having purchased a Bond with market discount subject to the market discount rules of the Code (unless a statutory de minimis rule applies). Accrued market discount is treated as taxable ordinary income and is recognized when a Bond is disposed of (to the extent such accrued discount does not exceed gain realized) or, at the purchaser’s election, as it accrues. Such treatment would apply to any purchaser who purchases an OID Bond for a price that is less than its Revised Issue Price. The applicability of the market discount rules may adversely affect the liquidity or secondary market price of such Bond. Purchasers should consult their own tax advisors regarding the potential implications of market discount with respect to the Bonds. An investor may purchase a Bond at a price in excess of its stated principal amount. Such excess is characterized for federal income tax purposes as “bond premium” and must be amortized by an investor on a constant yield basis over the remaining term of the Bond in a manner that takes into account potential call dates and call prices. An investor cannot deduct amortized bond premium relating to a tax-exempt bond. The amortized bond premium is treated as a reduction in the tax-exempt interest received. As bond premium is amortized, it reduces the investor’s basis in the Bond. Investors who purchase a Bond at a premium should consult their own tax advisors regarding the amortization of bond premium and its effect on the Bond’s basis for purposes of computing gain or loss in connection with the sale, exchange, redemption or early retirement of the Bond. There are or may be pending in Congress legislative proposals, including some that carry retroactive effective dates, that, if enacted, could alter or amend the federal tax matters referred to above or affect the market value of the Bonds. It cannot be predicted whether or in what form any such proposal might be enacted or whether, if enacted, it would apply to bonds issued prior to enactment. Prospective purchasers of the Bonds should consult their own tax advisors regarding any pending or proposed federal tax legislation. Bond Counsel expresses no opinion regarding any pending or proposed federal tax legislation. The Service has an ongoing program of auditing tax-exempt obligations to determine whether, in the view of the Service, interest on such tax-exempt obligations is includible in the gross income of the owners thereof for federal income tax purposes. It cannot be predicted whether or not the Service will commence an audit of the Bonds. If an audit is commenced, under current procedures the Service may treat the City as a taxpayer and the Bondholders may have no right to participate in such procedure. The commencement of an audit could adversely affect the market value and liquidity of the Bonds until the audit is concluded, regardless of the ultimate outcome. Payments of interest on, and proceeds of the sale, redemption or maturity of, tax-exempt obligations, including the Bonds, are in certain cases required to be reported to the Service. Additionally, backup withholding may apply to any such payments to any Bond owner who fails to provide an accurate Form W-9 Request for Taxpayer Identification Number and Certification, or a substantially identical form, or to any Bond owner who is notified by the Service of a failure to report any interest or dividends required to be shown on federal income tax returns. The reporting and backup withholding requirements do not affect the excludability of such interest from gross income for federal tax purposes. Interest on the Bonds is not exempt from present State of Illinois income taxes. Ownership of the Bonds may result in other state and local tax consequences to certain taxpayers. Bond Counsel expresses no opinion regarding any such collateral consequences arising with respect to the Bonds. Prospective purchasers of the Bonds should consult their tax advisors regarding the applicability of any such state and local taxes. See APPENDIX B for the proposed forms of Bond Counsel opinions for the Bonds. [CONTINUING DISCLOSURE] The City will enter into a Continuing Disclosure Undertaking (the “Undertaking”) for the benefit of the beneficial owners of the Bonds to send certain information annually and to provide notice of certain events to the Municipal Securities Rulemaking Board (the “MSRB”) pursuant to the requirements the Rule adopted by the Commission under the Exchange Act. The information to be provided on an annual basis, the events which will be noticed on an occurrence basis, and a summary of other terms of the Undertaking, including termination, amendment, and remedies, are set forth below under “THE UNDERTAKING” and APPENDIX C hereto. [UNDER REVIEW] [The City, pursuant to issuing its prior bonds, entered into continuing disclosure undertakings (the “Prior Undertakings”) to disseminate its audited financial statements and annual financing information (together, the “Annual Report”) and to file notice of certain events with respect to such prior bonds to certain information repositories as required by the Rule. The list of events for which the City is required to provide notice includes rating changes on the prior bonds. The City failed to file its Annual Report for fiscal year 2015 and failed to file its annual financial information for fiscal year 2013 within the required timeframe pursuant to the Prior Undertakings for certain of its prior bonds. Further, the City failed to include certain annual financial information in its Annual Report for fiscal year 2013 with respect to certain water system revenue bonds. Notices of such failures have since been filed on EMMA for the City’s outstanding prior bonds. 615 of 921 - 38 - C\1311280.3 The City failed to file notices of certain rating changes by Moody’s on certain of its prior bonds within the required timeframe pursuant to the Prior Undertakings and the Rule. Notices of such rating changes have since been filed on EMMA for the City’s outstanding prior bonds.] A failure by the City to comply with the Undertaking will not constitute a default under the Bond Ordinance and beneficial owners of the Bonds are limited to the remedies described in the Undertaking. See “THE UNDERTAKING – Consequences of Failure of the City to Provide Information” herein. A failure by the City to comply with the Undertaking must be reported in accordance with the Rule and must be considered by any broker, dealer or municipal securities dealer before recommending the purchase or sale of the Bonds in the secondary market. Consequently, such a failure may adversely affect the transferability and liquidity of the Bonds and their market price. Bond Counsel expresses no opinion as to whether the Undertaking complies with the requirements of Section (b)(5) of the Rule. [THE UNDERTAKING] The following is a brief summary of certain provisions of the Undertaking of the City and does not purport to be complete. The statements made under this caption are subject to the detailed provisions of the Undertaking, a form of which is attached hereto as APPENDIX C. Annual Financial Information Disclosure The City covenants that it will disseminate its Annual Financial Information and its Audited Financial Statements, if any (as described below), annually to the MSRB in such manner and format and accompanied by identifying information as is prescribed by the MSRB or the Commission at the time of delivery of such information. The City is required to deliver such information within 270 days after the last day of the City’s fiscal year (currently December 31), beginning with the fiscal year ending December 31, 2018. Audited Financial Statements as described below should be filed at the same time as the Annual Financial Information. If Audited Financial Statements are not available when the Annual Financial Information is filed, Audited Financial Statements will be submitted to EMMA within 30 days after availability to the City. MSRB Rule G-32 requires all EMMA filings to be in word-searchable PDF format. This requirement extends to all documents to be filed with EMMA, including financial statements and other externally prepared reports. “Annual Financial Information” means the financial information and operating data of the type contained in the following headings and subheadings of the Official Statement: • All of the tables under the heading “FINANCES”; • All of the tables under the heading “GENERAL OBLIGATION BONDED INDEBTEDNESS” (other than the table entitled “Total and Scheduled for Abatement General Obligation Debt Service”); and • The following tables under the heading “REAL PROPERTY TAXATION”: o “Historic EAV”; o “EAV by Classification of Property”; o “Tax Extensions and Collections”; and o “Historic City Tax Rates.” “Audited Financial Statements” means the CAFR of the City prepared in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. All or a portion of the Annual Financial Information or Audited Financial Statements may be included by reference to other documents which have been submitted to EMMA. If the information included by reference is contained in an official statement, the official statement must be available from EMMA. The City shall clearly identify each such item of information included by reference. To the extent that the foregoing are included in or easily derived from the Audited Financial Statements, such information may not necessarily be restated separately under the Annual Financial Information. Reportable Events Disclosure The City covenants that it will disseminate in a timely manner, not in excess of ten business days after the occurrence of the Reportable Event (as defined below), Reportable Events disclosure to the MSRB in such manner and format and accompanied by identifying information as is prescribed by the MSRB or the Commission or the State at the time of delivery of such information. MSRB Rule G-32 requires all EMMA filings to be in word-searchable PDF format. This requirement extends to all documents filed with EMMA, including financial statements and other externally prepared reports. The “Reportable Events” are: 616 of 921 - 39 - C\1311280.3 • Principal and interest payment delinquencies • Non-payment related defaults, if material • Unscheduled draws on debt service reserves reflecting financial difficulties • Unscheduled draws on credit enhancements reflecting financial difficulties • Substitution of credit or liquidity providers, or their failure to perform • Adverse tax opinions, the issuance by the Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security • Modifications to the rights of security holders • Bond calls, if material, and tender offers • Defeasances • Release, substitution or sale of property securing repayment of the securities, if material • Rating changes • Bankruptcy, insolvency, receivership or similar event of the City (1) • The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement to any such actions, other than pursuant to its terms, if material • Appointment of a successor or additional trustee or the change of name of a trustee, if material • Incurrence of a financial obligation of the City, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City, any of which affects security holders, if material (2) • Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the City, any of which reflects financial difficulties(2) Consequences of Failure of the City to Provide Information The City shall give notice in a timely manner to the MSRB of any failure to provide disclosure of Annual Financial Information and Audited Financial Statements when the same are due under the Undertaking. In the event of a failure of the City to comply with any provision of the Undertaking, the beneficial owner of any Bond may seek mandamus or specific performance by court order to cause the City to comply with its obligations under the Undertaking. A default under the Undertaking shall not be deemed a default under the Ordinance, and the sole remedy under the Undertaking in the event of any failure of the City to comply with the Undertaking shall be an action to compel performance. Amendment; Waiver Notwithstanding any other provision of the Undertaking, the City by ordinance authorizing such amendment or waiver, may amend the Undertaking, and any provision of the Undertaking may be waived, if: (a) (i) The amendment or waiver is made in connection with a change in circumstances that arises from a change in legal requirements, including without limitation, pursuant to a “no -action” letter issued by the Commission, a change in law, or a change in the identity, nature, or status of the City, or type of business conducted; or (ii) This Agreement, as amended, or the provision, as waived, would have complied with the requirements of the Rule at the time of the primary offering, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (b) The amendment or waiver does not materially impair the interests of the beneficial owners of the Bonds, as determined by parties unaffiliated with the City (such as Bond Counsel). (1)This Reportable Event is considered to occur when any of the following occurs: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under State or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. (2)The term “financial obligation” means a: (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) a guarantee of (i) or (ii). The term “financial obligation” does not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. 617 of 921 - 40 - C\1311280.3 In the event that the Commission or the MSRB or other regulatory authority approves or requires the Annual Financial Information, Audited Financial Statements, or notices of a Reportable Event to be filed with a central post office, governmental agency, or similar entity other than the MSRB or in lieu of the MSRB, the City shall, if required, make such dissemination to such central post office, governmental agency, or similar entity without the necessity of amending the Undertaking. Termination of Undertaking The Undertaking shall be terminated if the City shall no longer have any legal liability for any obligation on or relating to repayment of the Bonds under the Ordinance. The City shall give notice to the MSRB in a timely manner if this paragraph is applicable. Additional Information Nothing in the Undertaking shall be deemed to prevent the City from disseminating any other information, using the means of dissemination set forth in the Undertaking or any other means of communication, or including any other information in any Annual Financial Information or Audited Financial Statements or notice of occurrence of an event, in addition to that which is specifically required by the Undertaking. If the City chooses to include any information from any document or notice of occurrence of an event in addition to that which is specifically required by the Undertaking, the City shall have no obligation under the Undertaking to update such information or include it in any future disclosure or notice of occurrence of a Reportable Event. Dissemination of Information; Dissemination Agent When filings are required to be made with the MSRB in accordance with the Undertaking, such filings are required to be made through EMMA or through any other electronic format or system prescribed by the MSRB for purposes of the Rule. The City may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under the Undertaking, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. BOND RATINGS The Bonds are rated “__” (___ Outlook) by Moody’s and “__” (___ Outlook) by Fitch. Such ratings reflect only the views of such organizations and any desired explanation of the significance of such ratings should be obtained from the rating agency furnishing the same, at the following addresses: Moody’s Investors Service, 99 Church Street, New York, New York 10007; Fitch Ratings, 70 West Madison Street, Chicago, Illinois 60602. Generally, a rating agency bases its rating on the information and materials furnished to it and on investigations, studies and assumptions of its own. There is no assurance such ratings will not be revised downward or withdrawn entirely by the rating agencies, if in the judgment of such rating agencies, circumstances so warrant. Any such downward revision or withdrawal of such ratings may have an adverse effect on the market price of the Bonds. Such ratings are not to be construed as recommendations of the rating agencies to buy, sell, or hold the Bonds, and the ratings assigned by the rating agencies should be evaluated independently. UNDERWRITING Bids for the Bonds were received at a competitive public sale on May 16, 2019. __________ has agreed, subject to the conditions of closing set forth in the notice of sale (the “Notice of Sale”) for the Series A Bonds, to purchase the Series A Bonds at a purchase price of $____ (consisting of the par amount of the Series A Bonds, plus net original issue premium of $___, less an underwriter's discount of $___), plus accrued interest, if any. __________ has agreed, subject to the conditions of closing set forth in the Series B Bonds Notice of Sale, to purchase the Series B Bonds at a purchase price of $____ (consisting of the par amount of the Series B Bonds, plus an original issue premium of $___, less an underwriter's discount of $___), plus accrued interest, if any. The Bonds will be offered at the respective initial public offering prices which produce the yields shown on the inside cover page of this Official Statement. After the Bonds are released for sale to the public, the initial public offering prices and other selling terms may from time to time be varied by the Underwriters. [LITIGATION] 618 of 921 - 41 - C\1311280.3 The City is subject from time to time to litigation in the ordinary course of its activities, including land use issues, employment, and traffic accidents, among other matters. There is no controversy or litigation of any nature now pending or, to the knowledge of the City, threatened to restrain or enjoin the issuance, sale, execution or delivery of the Bonds or the levy and collection of taxes to pay the debt service on the Bonds; or questioning the proceedings or authority pursuant to which the Bonds are issued and taxes levied; or questioning or relating to the validity of the Bonds, or contesting the corporate existence of the City or the titles of its present officers to their respective offices. FINANCIAL ADVISORS The City has engaged PFM Financial Advisors LLC and Independent Public Advisors, LLC (the “Financial Advisors”) in connection with the City’s issuance and sale of the Bonds. Under the terms of their engagement, the Financial Advisors are not obligated to undertake any independent verification of or assume any responsibility for the accuracy, completeness, or fairness of the information contained in this Official Statement. Both PFM Financial Advisors LLC and Independent Public Advisors, LLC are registered with the Commission and the MSRB as a municipal advisor. LEGAL MATTERS Certain legal matters incident to the authorization, issuance, and sale of the Bonds are subject to the approving legal opinion of Chapman and Cutler LLP, which has been retained by, and acts as, Bond Counsel to the City. Bond Counsel has not been retained or consulted on disclosure matters and has not undertaken to review or verify the accuracy, completeness, or sufficiency of this Official Statement or other offering material relating to the Bonds and assumes no responsibility for the statements or information contained in or incorporated by reference in this Official Statement, except that in its capacity as Bond Counsel, Chapman and Cutler LLP has, at the request of the City, reviewed only those portions of this Official Statement involving the description of the Bonds, the security for the Bonds (excluding forecasts, projections, estimates, or any other financial or economic information in connection therewith), and the description of the federal tax exemption of the interest on the Bonds. This review was undertaken solely at the request and for the benefit of the City and did not include any obligation to establish or confirm factual matters set forth herein. Certain legal matters in conjunction with the issuance of the Bonds will be passed upon for the City by its Law Department. Ice Miller LLP, Chicago, Illinois will serve as Disclosure Counsel to the City. CLOSING CERTIFICATE The City will provide to the purchasers at the time of delivery of the Bonds, a certificate confirming to the purchaser that, to the best of their knowledge and belief, the Official Statement, together with any supplements to it, as of the date of sale and at the time of delivery of the Bonds, was true and correct in all material respects and did not at any time contain any untrue statement of a material fact or omit to state a material fact required to be stated, where necessary to make the statements, in light of the circumstances under which they were made, not misleading. This Official Statement has been duly approved, executed and delivered by the City. City of Evanston, Cook County, Illinois By: /s/ City Manager By: /s/ Mayor 619 of 921 A-1 C\1311280.3 APPENDIX A AUDITED ANNUAL FINANCIAL REPORT OF THE CITY OF EVANSTON, IL FOR THE YEAR ENDED DECEMBER 31, 2017 The Comprehensive Annual Financial Report The City’s Comprehensive Annual Financial Report for the year ended December 31, 2017, is available from EMMA and is hereby incorporated by reference. The independent auditor has not been engaged to perform, and has not performed since the date of its report (a portion of which is included herein), any procedures on the financial statements addressed in the report nor on this Official Statement, nor has the independent auditor been asked to give consent to the inclusion of this appendix in this Official Statement. 620 of 921 B-1 C\1311280.3 APPENDIX B PROPOSED FORMS OF BOND COUNSEL OPINIONS 621 of 921 B-2 C\1311280.3 PROPOSED FORM OF OPINION OF BOND COUNSEL [LETTERHEAD OF CHAPMAN AND CUTLER LLP] [TO BE DATED CLOSING DATE] We hereby certify that we have examined certified copy of the proceedings (the “Proceedings”) of the City Council of the City of Evanston, Cook County, Illinois (the “City”) passed preliminary to the issue by the City of its fully registered General Obligation Corporate Purpose Bonds, Series 2019A (the “Bonds”), to the amount of $___________, dated the date hereof, due serially on December l of the years and in the amounts and bearing interest as follows: YEAR AMOUNT ($) RATE (%) 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 the Bonds due on or after December 1, 20__, being subject to redemption prior to maturity at the option of the City as a whole or in part in any order of their maturity as determined by the City (less than all of the Bonds of a single maturity to be selected by the Bond Registrar), on December 1, 20__, or on any date thereafter, at the redemption price of par plus accrued interest to the redemption date, as provided in the Proceedings, and we are of the opinion that the Proceedings show lawful authority for said issue under the laws of the State of Illinois now in force. 622 of 921 B-3 C\1311280.3 We further certify that we have examined the form of bond prescribed for said issue and find the same in due form of law, and in our opinion said issue, to the amount named, is valid and legally binding upon the City and is payable from any funds of the City legally available for such purpose, and all taxable property in the City is subject to the levy of taxes to pay the same without limitation as to rate or amount, except that the rights of the owners of the Bonds and the enforceability of the Bonds may be limited by bankruptcy, insolvency, moratorium, reorganization and other similar laws affecting creditors’ rights and by equitable principles, whether considered at law or in equity, including the exercise of judicial discretion. It is our opinion that, subject to compliance by the City and certain 501(c)(3) organizations with certain covenants (the “Covenants”), under present law, interest on the Bonds is excludable from gross income of the owners thereof for federal income tax purposes and is not included as an item of tax preference in computing the alternative minimum tax for individuals under the Internal Revenue Code of 1986, as amended. Failure to comply with certain of the Covenants could cause interest on the Bonds to be includible in gross income for federal income tax purposes retroactively to the date of issuance of the Bonds. Ownership of the Bonds may result in other federal tax consequences to certain taxpayers, and we express no opinion regarding any such collateral consequences arising with respect to the Bonds. We express no opinion herein as to the accuracy, adequacy or completeness of any information furnished to any person in connection with any offer or sale of the Bonds. In rendering this opinion, we have relied upon certifications of the City with respect to certain material facts within the City’s knowledge. Our opinion represents our legal judgment based upon our review of the law and the facts that we deem relevant to render such opinion and is not a guarantee of a result. This opinion is given as of the date hereof and we assume no obligation to revise or supplement this opinion to reflect any facts or circumstances that may hereafter come to our attention or any changes in law that may hereafter occur. 623 of 921 B-4 C\1311280.3 PROPOSED FORM OF OPINION OF BOND COUNSEL [LETTERHEAD OF CHAPMAN AND CUTLER LLP] [TO BE DATED CLOSING DATE] We hereby certify that we have examined certified copy of the proceedings (the “Proceedings”) of the City Council of the City of Evanston, Cook County, Illinois (the “City”) passed preliminary to the issue by the City of its fully registered General Obligation Corporate Purpose Bonds, Series 2019B (the “Bonds”), to the amount of $____________, dated the date hereof, due serially on December l of the years and in the amounts and bearing interest as follows: YEAR AMOUNT ($) RATE (%) 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 the Bonds due on or after December 1, 20__, being subject to redemption prior to maturity at the option of the City as a whole or in part in any order of their maturity as determined by the City (less than all of the Bonds of a single maturity to be selected by the Bond Registrar), on December 1, 20__, or on any date thereafter, at the redemption price of par plus accrued interest to the redemption date, as provided in the Proceedings, and we are of the opinion that the Proceedings show lawful authority for said issue under the laws of the State of Illinois now in force. We further certify that we have examined the form of bond prescribed for said issue and find the same in due form of law, and in our opinion said issue, to the amount named, is valid and legally binding upon the City and is payable from any funds of the City legally available for 624 of 921 B-5 C\1311280.3 such purpose, and all taxable property in the City is subject to the levy of taxes to pay the same without limitation as to rate or amount, except that the rights of the owners of the Bonds and the enforceability of the Bonds may be limited by bankruptcy, insolvency, moratorium, reorganization and other similar laws affecting creditors’ rights and by equitable principles, whether considered at law or in equity, including the exercise of judicial discretion. It is our opinion that, subject to the City’s compliance with certain covenants, under present law, interest on the Bonds is excludable from gross income of the owners thereof for federal income tax purposes and is not included as an item of tax preference in computing the alternative minimum tax for individuals under the Internal Revenue Code of 1986, as amended. Failure to comply with certain of such City covenants could cause interest on the Bonds to be includible in gross income for federal income tax purposes retroactively to the date of issuance of the Bonds. Ownership of the Bonds may result in other federal tax consequences to certain taxpayers, and we express no opinion regarding any such collateral consequences arising with respect to the Bonds. We express no opinion herein as to the accuracy, adequacy or completeness of any information furnished to any person in connection with any offer or sale of the Bonds. In rendering this opinion, we have relied upon certifications of the City with respect to certain material facts within the City’s knowledge. Our opinion represents our legal judgment based upon our review of the law and the facts that we deem relevant to render such opinion and is not a guarantee of a result. This opinion is given as of the date hereof and we assume no obligation to revise or supplement this opinion to reflect any facts or circumstances that may hereafter come to our attention or any changes in law that may hereafter occur. 625 of 921 C-1 C\1311280.3 APPENDIX C FORM OF CONTINUING DISCLOSURE UNDERTAKING 626 of 921 C-2 C\1311280.3 CONTINUING DISCLOSURE UNDERTAKING FOR THE PURPOSE OF PROVIDING CONTINUING DISCLOSURE INFORMATION UNDER SECTION (B)(5) OF RULE 15C2-12 This Continuing Disclosure Undertaking (this “Agreement”) is executed and delivered by the City of Evanston, Cook County, Illinois (the “City”), in connection with the issuance of $_________________ General Obligation Corporate Purpose Bonds, Series 2019A, and $_________________ General Obligation Corporate Purpose Bonds, Series 2019B (together, the “Bonds”). The Bonds are being issued pursuant to an ordinance adopted by the City Council of the City on the 22nd day of April, 2019 (as supplemented by the Bond Order authorized therein and executed in connection with the sale of the Bonds, the “Ordinance”). In consideration of the issuance of the Bonds by the City and the purchase of such Bonds by the beneficial owners thereof, the City covenants and agrees as follows: 1. PURPOSE OF THIS AGREEMENT. This Agreement is executed and delivered by the City as of the date set forth below, for the benefit of the beneficial owners of the Bonds and in order to assist the Participating Underwriters in complying with the requirements of the Rule (as defined below). The City represents that it will be the only obligated person with respect to the Bonds at the time the Bonds are delivered to the Participating Underwriters and that no other person is expected to become so committed at any time after issuance of the Bonds. 2. DEFINITIONS. The terms set forth below shall have the following meanings in this Agreement, unless the context clearly otherwise requires. Annual Financial Information is defined in the Official Statement. Annual Financial Information Disclosure means the dissemination of disclosure concerning Annual Financial Information and the dissemination of the Audited Financial Statements as set forth in Section 4. Audited Financial Statements means the audited financial statements of the City prepared pursuant to the principles and as described in Exhibit I. Commission means the Securities and Exchange Commission. Dissemination Agent means any agent designated as such in writing by the City and which has filed with the City a written acceptance of such designation, and such agent’s successors and assigns. EMMA means the MSRB through its Electronic Municipal Market Access system for municipal securities disclosure or through any other electronic format or system prescribed by the MSRB for purposes of the Rule. Exchange Act means the Securities Exchange Act of 1934, as amended. 627 of 921 C-3 C\1311280.3 Financial Obligation means a (a) debt obligation; (b) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (c) guarantee of a debt obligation or any such derivative instrument; provided that “financial obligation” shall not include municipal securities as to which a final official statement (as defined in the Rule) has been provided to the MSRB consistent with the Rule. MSRB means the Municipal Securities Rulemaking Board. Official Statement means the Final Official Statement, dated ______________, 2019, and relating to the Bonds. Participating Underwriter means each broker, dealer or municipal securities dealer acting as an underwriter in the primary offering of the Bonds. Reportable Event means the occurrence of any of the Events with respect to the Bonds set forth in Exhibit II. Reportable Events Disclosure means dissemination of a notice of a Reportable Event as set forth in Section 5. Rule means Rule 15c2-12 adopted by the Commission under the Exchange Act, as the same may be amended from time to time. State means the State of Illinois. Undertaking means the obligations of the City pursuant to Sections 4 and 5. 3. CUSIP NUMBERS. The CUSIP Numbers of the Bonds are set forth in Exhibit III. The City will include the CUSIP Numbers in all disclosure materials described in Sections 4 and 5 of this Agreement. 4. ANNUAL FINANCIAL INFORMATION DISCLOSURE. Subject to Section 8 of this Agreement, the City hereby covenants that it will disseminate its Annual Financial Information and its Audited Financial Statements (in the form and by the dates set forth in Exhibit I) to EMMA in such manner and format and accompanied by identifying information as is prescribed by the MSRB or the Commission at the time of delivery of such information and by such time so that such entities receive the information by the dates specified. MSRB Rule G-32 requires all EMMA filings to be in word-searchable PDF format. This requirement extends to all documents required to be filed with EMMA, including financial statements and other externally prepared reports. If any part of the Annual Financial Information can no longer be generated because the operations to which it is related have been materially changed or discontinued, the City will disseminate a statement to such effect as part of its Annual Financial Information for the year in which such event first occurs. If any amendment or waiver is made to this Agreement, the Annual Financial Information for the year in which such amendment or waiver is made (or in any notice or supplement provided to EMMA) 628 of 921 C-4 C\1311280.3 shall contain a narrative description of the reasons for such amendment or waiver and its impact on the type of information being provided. 5. REPORTABLE EVENTS DISCLOSURE. Subject to Section 8 of this Agreement, the City hereby covenants that it will disseminate in a timely manner (not in excess of ten business days after the occurrence of the Reportable Event) Reportable Events Disclosure to EMMA in such manner and format and accompanied by identifying information as is prescribed by the MSRB or the Commission at the time of delivery of such information. MSRB Rule G-32 requires all EMMA filings to be in word-searchable PDF format. This requirement extends to all documents required to be filed with EMMA, including financial statements and other externally prepared reports. Notwithstanding the foregoing, notice of optional or unscheduled redemption of any Bonds or defeasance of any Bonds need not be given under this Agreement any earlier than the notice (if any) of such redemption or defeasance is given to the Bondholders pursuant to the Ordinance. 6. CONSEQUENCES OF FAILURE OF THE CITY TO PROVIDE INFORMATION. The City shall give notice in a timely manner to EMMA of any failure to provide Annual Financial Information Disclosure when the same is due hereunder. In the event of a failure of the City to comply with any provision of this Agreement, the beneficial owner of any Bond may seek mandamus or specific performance by court order, to cause the City to comply with its obligations under this Agreement. A default under this Agreement shall not be deemed a default under the Ordinance, and the sole remedy under this Agreement in the event of any failure of the City to comply with this Agreement shall be an action to compel performance. 7. AMENDMENTS; WAIVER. Notwithstanding any other provision of this Agreement, the City by ordinance or resolution authorizing such amendment or waiver, may amend this Agreement, and any provision of this Agreement may be waived, if: (a) (i) The amendment or waiver is made in connection with a change in circumstances that arises from a change in legal requirements, including without limitation, pursuant to a “no-action” letter issued by the Commission, a change in law, or a change in the identity, nature, or status of the City, or type of business conducted; or (ii) This Agreement, as amended, or the provision, as waived, would have complied with the requirements of the Rule at the time of the primary offering, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (b) The amendment or waiver does not materially impair the interests of the beneficial owners of the Bonds, as determined by parties unaffiliated with the City (such as Bond Counsel). In the event that the Commission or the MSRB or other regulatory authority shall approve or require Annual Financial Information Disclosure or Reportable Events Disclosure to be made to a central post office, governmental agency or similar entity other than EMMA or in lieu of EMMA, the City shall, 629 of 921 C-5 C\1311280.3 if required, make such dissemination to such central post office, governmental agency or similar entity without the necessity of amending this Agreement. 8. TERMINATION OF UNDERTAKING. The Undertaking of the City shall be terminated hereunder if the City shall no longer have any legal liability for any obligation on or relating to repayment of the Bonds under the Ordinance. The City shall give notice to EMMA in a timely manner if this Section is applicable. 9. DISSEMINATION AGENT. The City may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Agreement, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. 10. ADDITIONAL INFORMATION. Nothing in this Agreement shall be deemed to prevent the City from disseminating any other information, using the means of dissemination set forth in this Agreement or any other means of communication, or including any other information in any Annual Financial Information Disclosure or notice of occurrence of a Reportable Event, in addition to that which is required by this Agreement. If the City chooses to include any information from any document or notice of occurrence of a Reportable Event in addition to that which is specifically required by this Agreement, the City shall have no obligation under this Agreement to update such information or include it in any future disclosure or notice of occurrence of a Reportable Event. 11. BENEFICIARIES. This Agreement has been executed in order to assist the Participating Underwriters in complying with the Rule; however, this Agreement shall inure solely to the benefit of the City, the Dissemination Agent, if any, and the beneficial owners of the Bonds, and shall create no rights in any other person or entity. 12. RECORDKEEPING. The City shall maintain records of all Annual Financial Information Disclosure and Reportable Events Disclosure, including the content of such disclosure, the names of the entities with whom such disclosure was filed and the date of filing such disclosure. 13. ASSIGNMENT. The City shall not transfer its obligations under the Ordinance unless the transferee agrees to assume all obligations of the City under this Agreement or to execute an Undertaking under the Rule. 14. GOVERNING LAW. This Agreement shall be governed by the laws of the State. CITY OF EVANSTON, COOK COUNTY, ILLINOIS By Mayor Date: ________________, 2019 630 of 921 EXHIBIT I C\1311280.3 EXHIBIT I ANNUAL FINANCIAL INFORMATION AND TIMING AND AUDITED FINANCIAL STATEMENTS All or a portion of the Annual Financial Information and the Audited Financial Statements as set forth below may be included by reference to other documents which have been submitted to EMMA or filed with the Commission. If the information included by reference is contained in a Final Official Statement, the Final Official Statement must be available on EMMA; the Final Official Statement need not be available from the Commission. The City shall clearly identify each such item of information included by reference. Annual Financial Information exclusive of Audited Financial Statements will be submitted to EMMA by 270 days after the last day of the City’s fiscal year (currently December 31), beginning with the fiscal year ending December 31, 2018. Audited Financial Statements as described below should be filed at the same time as the Annual Financial Information. If Audited Financial Statements are not available when the Annual Financial Information is filed, Audited Financial Statements will be submitted to EMMA within 30 days after availability to the City. Audited Financial Statements will be prepared in accordance with accounting principles generally accepted in the United States of America. If any change is made to the Annual Financial Information as permitted by Section 4 of the Agreement, the City will disseminate a notice of such change as required by Section 4. 631 of 921 EXHIBIT II C\1311280.3 EXHIBIT II EVENTS WITH RESPECT TO THE BONDS FOR WHICH REPORTABLE EVENTS DISCLOSURE IS REQUIRED 1. Principal and interest payment delinquencies 2. Non-payment related defaults, if material 3. Unscheduled draws on debt service reserves reflecting financial difficulties 4. Unscheduled draws on credit enhancements reflecting financial difficulties 5. Substitution of credit or liquidity providers, or their failure to perform 6. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security 7. Modifications to the rights of security holders, if material 8. Bond calls, if material, and tender offers 9. Defeasances 10. Release, substitution or sale of property securing repayment of the securities, if material 11. Rating changes 12. Bankruptcy, insolvency, receivership or similar event of the City∗ 13. The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material 14. Appointment of a successor or additional trustee or the change of name of a trustee, if material 15. (a) Incurrence of a Financial Obligation of the City, if material, or (b) an agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the City, any of which affect security holders, if material. 16. Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a Financial Obligation of the City, any of which reflect financial difficulties. ∗ This event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for the City in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. 632 of 921 EXHIBIT-III C\1311280.3 EXHIBIT III CUSIP NUMBERS SERIES 2019A YEAR OF MATURITY CUSIP NUMBER (299228) SERIES 2019B YEAR OF MATURITY CUSIP NUMBER (299228) 633 of 921 D-1 C\1311280.3 APPENDIX D OFFICIAL NOTICES OF SALE AND BID FORMS 634 of 921 D-2 C\1311280.3 OFFICIAL NOTICE OF SALE $13,285,000 ∗ City of Evanston, Cook County, Illinois General Obligation Corporate Purpose Bonds, Series 2019A Dated the Date of Delivery Date, Time and Place. IRREVOCABLE ELECTRONIC BIDS will be received by PFM Financial Advisors LLC, 222 N. LaSalle St., Suite 910, Chicago, Illinois 60601, financial advisor acting on behalf of the City of Evanston, Cook County, Illinois (the “City”), for all but not part of the City’s $13,285,000* General Obligation Corporate Purpose Bonds, Series 2019A (the “Bonds”), until [10:15] a.m. (Central Time) on: May 16, 2019 at which time electronic bids will be retrieved and all bids publicly read. Electronic bids must be submitted through Parity®. Term of the Bonds. The Bonds will be dated their date of delivery, and will mature December 1 in the years and amounts as follows: MATURITY SCHEDULE Year Amount* 2022 $ 345,000 2023 365,000 2024 380,000 2025 400,000 2026 420,000 2027 440,000 2028 465,000 2029 485,000 2030 510,000 2031 535,000 2032 560,000 2033 590,000 2034 620,000 2035 650,000 2036 685,000 2037 715,000 2038 755,000 2039 790,000 2040 830,000 2041 870,000 2042 915,000 2043 960,000 Interest on said Bonds will be payable semi-annually on June 1 and December 1, commencing December 1, 2019. Adjustments to Principal Amounts After Determination of Best Proposal. The aggregate principal amount of the Bonds, and each scheduled maturity thereof, are subject to increase or reduction by the City or its designee after the determination of the successful bidder. Such adjustments shall be the sole discretion of the City provided that the City or its designee shall only make such adjustments in order to size the Bonds to provide enough funds to effect the project funds, or to establish a debt service structure that is acceptable to the City. ∗Preliminary, subject to change. 635 of 921 D-3 C\1311280.3 Term Bond Option. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial and term bonds, subject to mandatory redemption, so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. Call Feature. The Bonds maturing on December 1, 2030, and thereafter are subject to redemption prior to maturity at the option of the City on December 1, 2029, and any date thereafter, in whole or in part and if in part in such principal amounts and from such maturities as the City shall determine and within any maturity by lot at a redemption price of par plus accrued interest to the date fixed for redemption. Registration. The Bonds will be issued as fully registered bonds without coupons and, when issued, will be registered only in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York (“DTC”). The City will assume no liability for failure of DTC, its participants or other nominees to promptly transfer payments to beneficial owners of the Bonds. In the event that the securities depository relationship with DTC for the Bonds is terminated and the City does not appoint a successor depository, the City will prepare, authenticate and deliver, at its expense, fully registered certificated Bonds in the denomination of $5,000 or any integral multiple thereof in the aggregate principal amount of Bonds of the same maturities and with the same interest rate or rates then outstanding to the beneficial owners of the Bonds. Security and Purpose. The Bonds are general obligations of the City. The principal of and interest on the Bonds will be payable from ad valorem taxes, which shall be levied without limitation as to rate or amount upon all taxable property located in the territory of the City. The Bonds are being issued for the purpose of (i) paying a portion of the cost of the construction and equipment of a new Robert Crown Community Center, Ice Complex, and Library Center; (ii) paying capitalized interest on the Bonds through December 1, 2019; and (iii) paying costs related to the issuance of the Bonds. Not Bank Qualified. The Bonds will not be designated “qualified tax-exempt obligations” pursuant to the provisions of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. Bid Specifications. Bids shall be received on an interest rate basis in an integral multiple of One-Twentieth (1/20) or One-Eighth (1/8) of One Percent (1%). All Bonds of the same maturity shall bear the same interest rate. A rate of interest must be named for each maturity; a zero rate of interest shall not be named; and the premium, if any, must be paid in cash as part of the purchase price. The minimum rate of interest is 5.0% on the December 1, 2030 maturity and later. No supplemental interest shall be specified. Each bid shall offer to purchase all of the Bonds and shall offer a price (payable in federal or other immediately available funds) which is not less than $13,152,150* (99.0% of par), plus accrued interest to the date of delivery. Good Faith Deposit. A good faith deposit in the amount of ONE HUNDRED THIRTY TWO THOUSAND EIGHT HUNDRED FIFTY DOLLARS* ($132,850*) is only required by the successful bidder for the Bonds. The successful bidder for the Bonds is required to submit such Good Faith Deposit payable to the order of the City in the form of a wire transfer in federal funds. Instructions for wiring the Good Faith Deposit are as follows: Destination: First Bank and Trust (Evanston, Illinois) ABA #: 071925538 For credit to: City of Evanston, Illinois Account #: 0754460515 Account Name: Robert Crown Fund The successful bidder shall submit the Good Faith Deposit within two hours after verbal award is made. The successful bidder should provide as quickly as it is available, evidence of wire transfer by providing the City the federal funds reference number. If the Good Faith Deposit is not received in the time allotted, the bid of the successful bidder may be rejected and the City may direct the next lowest bidder to submit a Good Faith Deposit and thereafter may award the sale of the Bonds to the same. If the successful bidder fails to comply with the Good Faith Deposit requirement as *Preliminary, subject to change. 636 of 921 D-4 C\1311280.3 described herein, that bidder is nonetheless obligated to pay to the City the sum of $132,850 * as liquidated damages due to the failure of the successful bidder to timely deposit the Good Faith Deposit. Submission of a bid to purchase the Bonds serves as acknowledgement and acceptance of the terms of the Good Faith Deposit requirement. The Good Faith Deposit so wired will be retained by the City until the delivery of the Bonds, at which time the Good Faith Deposit will be applied against the purchase price of the Bonds or the good faith deposit will be retained by the City as partial liquidated damages in the event of the failure of the successful bidder to take up and pay for such Bonds in compliance with the terms of the Official Notice of Sale and of its bid. No interest on the good faith deposit will be paid by the City. The balance of the purchase price must be wired in federal funds to the account detailed in the closing memorandum, simultaneously with delivery of the Bonds. Insurance on Bonds. In the event the successful bidder obtains a bond insurance policy for all or a portion of the Bonds, by or on behalf of it or any other member of its underwriting group, the successful bidder is responsible for making sure that disclosure information is provided about the credit enhancement provider (for example, through a wrapper to the Official Statement). The City will cooperate with the successful bidder in this manner. The costs of obtaining any bond insurance policy and the costs of providing disclosure information about the credit enhancement provider shall be paid by the successful bidder. In addition, the successful bidder will be required, as a condition for delivery of the Bonds, to certify that the premium will be less than the present value of the interest expected to be saved as a result of such insurance. Electronic Bidding. The City assumes no responsibility or liability for electronic bids. If any provisions in this Official Notice of Sale conflict with information provided by Parity®, this Official Notice of Sale shall control. Further information about the electronic bidding service providers, including any fee charged and applicable requirements, may be obtained from: Parity®/IPREO 1359 Broadway, 2nd Floor New York, New York 10018 (212) 849-5021 phone Award. Unless all bids are rejected, the Bonds will be awarded to the bidder whose proposal shall result in the lowest true interest cost to the City. The true interest cost is computed as the discount rate which, when used with semiannual compounding to determine the present worth of the principal and interest payments as of the date of the Bonds, produces an amount equal to the purchase price. If two or more bids provide the same lowest true interest rate, the City shall determine which proposal shall be accepted, and such determination shall be final. A computation by the bidder of such true interest cost rate contained in any bid shall be for information only and shall not constitute a part of the bid. The purchaser shall pay accrued interest from the date of the Bonds to the date of delivery and payment of the purchase price. Establishment of the Issue Price. The successful bidder shall assist the City in establishing the issue price of the Bonds and shall execute and deliver to the City prior to Closing a certificate acceptable to Bond Counsel setting forth the reasonably expected initial public offering price to the public (the “Initial Public Offering Price”), or the sales price or prices of the Bonds, together with the supporting pricing wires or equivalent communications, in the form attached hereto as Exhibit A (the “Issue Price Certificate”), with such modifications as may be appropriate or necessary in the reasonable judgment of the successful bidder, the City or Chapman and Cutler LLP, Chicago, Illinois, Bond Counsel (“Bond Counsel”). All actions to be taken by the City under this Official Notice of Sale to establish the issue price of the Bonds may be taken on behalf of the City by the City’s municipal advisor identified herein and any notice or report to be provided to the City may be provided to the City’s municipal advisor. * Preliminary, subject to change. 637 of 921 D-5 C\1311280.3 The City intends that the provisions of Treasury Regulation Section 1.148-1(f)(3)(i) (defining “competitive sale” for purposes of establishing the issue price of the Bonds) will apply to the initial sale of the Bonds (the “competitive sale requirements”) because: (1) the City shall disseminate this Official Notice of Sale to potential underwriters in a manner that is reasonably designed to reach potential underwriters; (2) all bidders shall have an equal opportunity to bid; (3) the City may receive bids from at least three underwriters of municipal bonds who have established industry reputations for underwriting new issuances of municipal bonds; and (4) the City anticipates awarding the sale of the Bonds to the bidder who submits a firm offer to purchase the Bonds at the highest price (or lowest interest cost), as set forth in this Official Notice of Sale. Any bid submitted to this Official Notice of Sale shall be considered a firm offer for the purchase of the Bonds, as specified in the bid. In the event the City receives less than three bids that conform to the parameters contained herein such that the competitive sale requirements are not satisfied, the City intends to treat the initial public offering price to the public of each maturity of the Bonds as of the sale date as the issue price of that maturity (the “hold-the-offering-price rule”). Consequently, bidders should assume for purposes of making its bid that, if the competitive sale requirements described above are not met, and less than 10% of any maturity has been sold to the public at the initial public offering price, as of the sale date, the bidder will be required to comply with the hold-the offering-price rule described below. The City will advise the apparent winning bidder within one hour of receipt of bids if the hold-the-offering-price rule will apply as to any maturities for which less than 10% has been sold to the public on the sale date at the initial public offering price to the public (the “10% test”). The winning bidder shall notify the City on the sale date as to any maturities for which the 10% test has been met, and shall apply the hold-the-offering-price rule to all other maturities. In the event that the competitive sale requirements are not satisfied, the issue price certificate shall be modified as necessary in the reasonable judgment of Bond Counsel and the City. By submitting a bid, the successful bidder shall, on behalf of the underwriters participating in the purchase of the Bonds, (i) confirm that the underwriters have offered or will offer each maturity of the Bonds to the public on or before the date that the Bonds are awarded by the City to the successful bidder (“Sale Date”) at the initial public offering price set forth in the bid submitted by the winning bidder, and (ii) agree, on behalf of the underwriters participating in the purchase of the Bonds, that the underwriters will neither offer nor sell any maturity of the Bonds to any person at a price that is higher than the initial public offering price for such maturity during the period starting on the Sale Date and ending on the earlier of the following: (1) the close of the fifth business day after the Sale Date; or (2) the date on which the underwriters have sold at least 10% of that maturity of the Bonds to the public at a price that is no higher than the initial public offering price for such maturity. The winning bidder shall promptly advise the City when the underwriters have sold 10% of that maturity of the Bonds to the public at a price that is no higher than the initial public offering price if that occurs prior to the close of the fifth (5th) business day after the Sale Date. The City acknowledges that, in making the representation set forth above, the successful bidder will rely on (i) the agreement of each underwriter to comply with the hold-the-offering-price rule, as set forth in an agreement among underwriters and the related pricing wires, (ii) in the event a selling group has been created in connection with the initial sale of the Bonds to the public, the agreement of each dealer who is a member of the selling group to comply with the hold-the-offering-price rule, as set forth in a selling group agreement and the related pricing wires, and (iii) in the event that an underwriter is a party to a third-party distribution agreement that was employed in connection with the initial sale of the Bonds to the public, the agreement of each broker-dealer that is a party to such agreement to comply with the hold- 638 of 921 D-6 C\1311280.3 the-offering-price rule, as set forth in the third-party distribution agreement and the related pricing wires. The City further acknowledges that each underwriter shall be solely liable for its failure to comply with its agreement regarding the hold- the-offering-price rule and that no underwriter shall be liable for the failure of any other underwriter, or of any dealer who is a member of a selling group, or of any broker-dealer that is a party to a third-party distribution agreement to comply with its corresponding agreement regarding the hold-the-offering-price rule as applicable to the Bonds. By submitting a bid, each bidder confirms that: (i) any agreement among underwriters, any selling group agreement and each third-party distribution agreement (to which the bidder is a party) relating to the sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each underwriter, each dealer who is a member of the selling group, and each broker-dealer that is a party to such third-party distribution agreement, as applicable, to (A) report the prices at which it sells to the public the Bonds of each maturity allotted to it until it is notified by the successful bidder that either the 10% test has been satisfied as to the Bonds of that maturity or all Bonds of that maturity have been sold to the public and (B) comply with the hold-the-offering-price rule, if and for so long as directed by the successful bidder and in the related pricing wires, and (ii) any agreement among underwriters relating to the sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each underwriter that is a party to a third-party distribution agreement to be employed in connection with the initial sale of the Bonds to the public to require each broker-dealer that is a party to such third-party distribution agreement to (A) report the prices at which it sells to the public the unsold Bonds of each maturity allotted to it until it is notified by the successful bidder or such underwriter that either the 10% test has been satisfied as to the Bonds of that maturity or all Bonds of that maturity have been sold to the public and (B) comply with the hold-the-offering-price rule, if and for so long as directed by the successful bidder or such underwriter and as set forth in the related pricing wires. Sales of any Bonds to any person that is a related party to an underwriter shall not constitute sales to the public for purposes of this Official Notice of Sale. Further, for purposes of this Official Notice of Sale: (i) “public” means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an underwriter or a related party, (ii) “underwriter” means (A) any person that agrees pursuant to a written contract with the City (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) to participate in the initial sale of the Bonds to the public (including a member of a selling group or a party to a third-party distribution agreement participating in the initial sale of the Bonds to the public), (iii) a purchaser of any of the Bonds is a “related party” to an underwriter if the underwriter and the purchaser are subject, directly or indirectly, to (i) more than 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (iii) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other), and (iv) “sale date” means the date the Bonds are awarded by the City to the winning bidder. 639 of 921 D-7 C\1311280.3 Undertakings of the Successful Bidder. The successful bidder will, within 30 minutes after being notified that such firm is the apparent winning bidder of the Bonds, advise the City in writing of the initial public offering price to the public of each maturity of the Bonds. Prior to the delivery of the Bonds, the successful bidder will furnish the Issue Price Certificate to the City. It will be the responsibility of the successful bidder to institute such syndicate reporting requirements, to make such investigation, or otherwise to ascertain the facts necessary to enable it to execute the Issue Price Certificate. Delivery. The Bonds will be delivered in typewritten form, registered in the name of Cede & Co., as nominee of The Depository Trust Company, securities depository of the Bonds for the establishment of book-entry accounts at the direction of the successful bidder, within approximately 45 days after the award. Payment at the time of delivery must be made in federal or other immediately available funds. In the event delivery is not made within 45 days after the date of the sale of the Bonds, the successful bidder may, prior to tender of the Bonds, at its option, be relieved of its obligation under the contract to purchase the Bonds and its good faith check shall be returned, but no interest shall be allowed thereon. Delivery of the Bonds is currently anticipated to be on or about June 10, 2019. Legal Opinion. The successful bidder will be furnished without cost, the unqualified approving legal opinion of Bond Counsel. By submitting a bid, any bidder makes the representation that it understands Bond Counsel represents the City in the Bond transaction and, if such bidder has retained Bond Counsel in an unrelated matter, such bidder consents to and waives any conflict of interest arising from any adverse position to the City in this matter; such consent and waiver shall supersede any formalities otherwise required in any separate understandings, guidelines or contractual arrangements between the bidder and Bond Counsel. CUSIP Numbers. The City will assume no obligation for the assignment of CUSIP numbers on the Bonds or for the correctness of any numbers printed thereon. The City will permit such numbers to be assigned and printed at the expense of the original purchaser, but neither the failure to print such numbers on any Bonds nor any error with respect thereto will constitute cause for failure or refusal by the original purchaser to accept delivery of the Bonds. Application for CUSIP numbers is the obligation of the purchaser. PFM Financial Advisors LLC, the City’s municipal advisor, will request the assignment of CUSIP numbers prior to the sale of the Bonds. Official Statement. Upon the sale of the Bonds, the City will publish an Official Statement in substantially the same form as the Preliminary Official Statement subject to minor additions, deletions and revisions as required to complete the Preliminary Official Statement. Promptly after the sale date, but in no event later than seven business days after such date, the City will provide without cost to the successful bidder a reasonable number of copies of the Official Statement (not to exceed 20 copies). The successful bidder will be responsible for uploading the Official Statement via the EMMA system. The successful bidder agrees to supply to the City all necessary pricing information and any underwriter identification necessary to complete the Official Statement within 24 hours after the award of Bonds. Certification Regarding Official Statement. The City will deliver, at closing, a certificate, executed by appropriate officers of the City acting in their official capacities, to the effect that the facts contained in the Official Statement relating to the City and the Bonds are true and correct in all material respects, and that the Official Statement does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. Undertaking to Provide Continuing Disclosure. A Continuing Disclosure Undertaking (the “Undertaking”) will be delivered at closing setting forth the details and terms of the City’s undertaking and the Undertaking is a condition of closing. In order to assist bidders in complying with SEC Rule 15c2-12, as amended, the City will covenant in the Undertaking to provide annual reports and timely notice of certain events for the benefit of holders of the Bonds. The form of the Undertaking is included in the Preliminary Official Statement and in the final Official Statement. Transcript of Proceedings. A transcript of the proceedings relative to the issuance of the Bonds will be furnished to the successful bidder without cost, including a Closing Certificate stating that there is no litigation pending or threatened affecting the validity of or the security for the Bonds. Irregularities. The City Council reserves the right to reject any and all bids and to waive any and all irregularities. 640 of 921 D-8 C\1311280.3 Information. The Preliminary Official Statement can be viewed on the worldwide web at www.i-dealprospectus.com or copies of the Preliminary Official Statement and additional information may be obtained by addressing inquiries to the City’s financial advisor, PFM Financial Advisors LLC, 190 S. LaSalle St., Suite 2000, Chicago, Illinois 60603, Attention: PFM Financial Advisors LLC – Shannon Jacobson, phone (312) 523-2437, email jacobsons@pfm.com. * * * * * 641 of 921 D-9 C\1311280.3 OFFICIAL NOTICE OF SALE $13,280,000 ∗ City of Evanston, Cook County, Illinois General Obligation Corporate Purpose Bonds, Series 2019B Dated the Date of Delivery Date, Time and Place. IRREVOCABLE ELECTRONIC BIDS will be received by PFM Financial Advisors LLC, 222 N. LaSalle St., Suite 910, Chicago, Illinois 60601, financial advisor acting on behalf of the City of Evanston, Cook County, Illinois (the “City”), for all but not part of the City’s $13,280,000* General Obligation Corporate Purpose Bonds, Series 2019B (the “Bonds”), until [10:15] a.m. (Central Time) on: May 16, 2019 at which time electronic bids will be retrieved and all bids publicly read. Electronic bids must be submitted through Parity®. Term of the Bonds. The Bonds will be dated their date of delivery, and will mature December 1 in the years and amounts as follows: MATURITY SCHEDULE Year Amount* 2020 $ 400,000 2021 420,000 2022 445,000 2023 465,000 2024 490,000 2025 515,000 2026 540,000 2027 565,000 2028 595,000 2029 625,000 2030 655,000 2031 685,000 2032 720,000 2033 755,000 2034 795,000 2035 835,000 2036 875,000 2037 920,000 2038 965,000 2039 1,015,000 Interest on said Bonds will be payable semi-annually on June 1 and December 1, commencing December 1, 2019. Adjustments to Principal Amounts After Determination of Best Proposal. The aggregate principal amount of the Bonds, and each scheduled maturity thereof, are subject to increase or reduction by the City or its designee after the determination of the successful bidder. Such adjustments shall be the sole discretion of the City provided that the City or its designee shall only make such adjustments in order to size the Bonds to provide enough funds to effect the refunding, or to establish a debt service structure that is acceptable to the City. ∗Preliminary, subject to change. 642 of 921 D-10 C\1311280.3 Term Bond Option. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial and term bonds, subject to mandatory redemption, so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. Call Feature. The Bonds maturing on December 1, 2030, and thereafter are subject to redemption prior to maturity at the option of the City on December 1, 2029, and any date thereafter, in whole or in part and if in part in such principal amounts and from such maturities as the City shall determine and within any maturity by lot at a redemption price of par plus accrued interest to the date fixed for redemption. Registration. The Bonds will be issued as fully registered bonds without coupons and, when issued, will be registered only in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York (“DTC”). The City will assume no liability for failure of DTC, its participants or other nominees to promptly transfer payments to beneficial owners of the Bonds. In the event that the securities depository relationship with DTC for the Bonds is terminated and the City does not appoint a successor depository, the City will prepare, authenticate and deliver, at its expense, fully registered certificated Bonds in the denomination of $5,000 or any integral multiple thereof in the aggregate principal amount of Bonds of the same maturities and with the same interest rate or rates then outstanding to the beneficial owners of the Bonds. Security and Purpose. The Bonds are general obligations of the City. The principal of and interest on the Bonds will be payable from ad valorem taxes, which shall be levied without limitation as to rate or amount upon all taxable property located in the territory of the City. The Bonds are being issued for the purpose of (i) providing for capital improvements at various locations throughout the City, including certain capital expenditures as detailed for the year 2019 in the City’s Capital Improvement Plan, as adopted by the City Council; (ii) paying capitalized interest on the Bonds through December 1, 2019; and (iii) paying costs related to the issuance of the Bonds. Not Bank Qualified. The Bonds will not be designated “qualified tax-exempt obligations” pursuant to the provisions of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. Bid Specifications. Bids shall be received on an interest rate basis in an integral multiple of One-Twentieth (1/20) or One-Eighth (1/8) of One Percent (1%). All Bonds of the same maturity shall bear the same interest rate. A rate of interest must be named for each maturity; a zero rate of interest shall not be named; and the premium, if any, must be paid in cash as part of the purchase price. The minimum rate of interest is 5.0% on the December 1, 2030 maturity and later. No supplemental interest shall be specified. Each bid shall offer to purchase all of the Bonds and shall offer a price (payable in federal or other immediately available funds) which is not less than $13,147,200* (99.0% of par), plus accrued interest to the date of delivery. Good Faith Deposit. A good faith deposit in the amount of ONE HUNDRED THIRTY TWO THOUSAND EIGHT HUNDRED DOLLARS* ($132,800*) is only required by the successful bidder for the Bonds. The successful bidder for the Bonds is required to submit such Good Faith Deposit payable to the order of the City in the form of a wire transfer in federal funds. Instructions for wiring the Good Faith Deposit are as follows: Destination: First Bank and Trust (Evanston, Illinois) ABA #: 071925538 For credit to: City of Evanston, Illinois Account #: 4012041 Account Name: Capital Improvements Fund The successful bidder shall submit the Good Faith Deposit within two hours after verbal award is made. The successful bidder should provide as quickly as it is available, evidence of wire transfer by providing the City the federal funds reference number. If the Good Faith Deposit is not received in the time allotted, the bid of the successful bidder may be rejected and the City may direct the next lowest bidder to submit a Good Faith Deposit and thereafter may award the sale of the Bonds to the same. If the successful bidder fails to comply with the Good Faith Deposit requirement as *Preliminary, subject to change. 643 of 921 D-11 C\1311280.3 described herein, that bidder is nonetheless obligated to pay to the City the sum of $132,800* as liquidated damages due to the failure of the successful bidder to timely deposit the Good Faith Deposit. Submission of a bid to purchase the Bonds serves as acknowledgement and acceptance of the terms of the Good Faith Deposit requirement. The Good Faith Deposit so wired will be retained by the City until the delivery of the Bonds, at which time the Good Faith Deposit will be applied against the purchase price of the Bonds or the good faith deposit will be retained by the City as partial liquidated damages in the event of the failure of the successful bidder to take up and pay for such Bonds in compliance with the terms of the Official Notice of Sale and of its bid. No interest on the good faith deposit will be paid by the City. The balance of the purchase price must be wired in federal funds to the account detailed in the closing memorandum, simultaneously with delivery of the Bonds. Insurance on Bonds. In the event the successful bidder obtains a bond insurance policy for all or a portion of the Bonds, by or on behalf of it or any other member of its underwriting group, the successful bidder is responsible for making sure that disclosure information is provided about the credit enhancement provider (for example, through a wrapper to the Official Statement). The City will cooperate with the successful bidder in this manner. The costs of obtaining any bond insurance policy and the costs of providing disclosure information about the credit enhancement provider shall be paid by the successful bidder. In addition, the successful bidder will be required, as a condition for delivery of the Bonds, to certify that the premium will be less than the present value of the interest expected to be saved as a result of such insurance. Electronic Bidding. The City assumes no responsibility or liability for electronic bids. If any provisions in this Official Notice of Sale conflict with information provided by Parity®, this Official Notice of Sale shall control. Further information about the electronic bidding service providers, including any fee charged and applicable requirements, may be obtained from: Parity®/IPREO 1359 Broadway, 2nd Floor New York, New York 10018 (212) 849-5021 phone Award. Unless all bids are rejected, the Bonds will be awarded to the bidder whose proposal shall result in the lowest true interest cost to the City. The true interest cost is computed as the discount rate which, when used with semiannual compounding to determine the present worth of the principal and interest payments as of the date of the Bonds, produces an amount equal to the purchase price. If two or more bids provide the same lowest true interest rate, the City shall determine which proposal shall be accepted, and such determination shall be final. A computation by the bidder of such true interest cost rate contained in any bid shall be for information only and shall not constitute a part of the bid. The purchaser shall pay accrued interest from the date of the Bonds to the date of delivery and payment of the purchase price. Establishment of the Issue Price. The successful bidder shall assist the City in establishing the issue price of the Bonds and shall execute and deliver to the City prior to Closing a certificate acceptable to Bond Counsel setting forth the reasonably expected initial public offering price to the public (the “Initial Public Offering Price”), or the sales price or prices of the Bonds, together with the supporting pricing wires or equivalent communications, in the form attached hereto as Exhibit A (the “Issue Price Certificate”), with such modifications as may be appropriate or necessary in the reasonable judgment of the successful bidder, the City or Chapman and Cutler LLP, Chicago, Illinois, Bond Counsel (“Bond Counsel”). All actions to be taken by the City under this Official Notice of Sale to establish the issue price of the Bonds may be taken on behalf of the City by the City’s municipal advisor identified herein and any notice or report to be provided to the City may be provided to the City’s municipal advisor. * Preliminary, subject to change. 644 of 921 D-12 C\1311280.3 The City intends that the provisions of Treasury Regulation Section 1.148-1(f)(3)(i) (defining “competitive sale” for purposes of establishing the issue price of the Bonds) will apply to the initial sale of the Bonds (the “competitive sale requirements”) because: (1) the City shall disseminate this Official Notice of Sale to potential underwriters in a manner that is reasonably designed to reach potential underwriters; (2) all bidders shall have an equal opportunity to bid; (3) the City may receive bids from at least three underwriters of municipal bonds who have established industry reputations for underwriting new issuances of municipal bonds; and (4) the City anticipates awarding the sale of the Bonds to the bidder who submits a firm offer to purchase the Bonds at the highest price (or lowest interest cost), as set forth in this Official Notice of Sale. Any bid submitted to this Official Notice of Sale shall be considered a firm offer for the purchase of the Bonds, as specified in the bid. In the event the City receives less than three bids that conform to the parameters contained herein such that the competitive sale requirements are not satisfied, the City intends to treat the initial public offering price to the public of each maturity of the Bonds as of the sale date as the issue price of that maturity (the “hold-the-offering-price rule”). Consequently, bidders should assume for purposes of making its bid that, if the competitive sale requirements described above are not met, and less than 10% of any maturity has been sold to the public at the initial public offering price, as of the sale date, the bidder will be required to comply with the hold-the offering-price rule described below. The City will advise the apparent winning bidder within one hour of receipt of bids if the hold-the-offering-price rule will apply as to any maturities for which less than 10% has been sold to the public on the sale date at the initial public offering price to the public (the “10% test”). The winning bidder shall notify the City on the sale date as to any maturities for which the 10% test has been met, and shall apply the hold-the-offering-price rule to all other maturities. In the event that the competitive sale requirements are not satisfied, the issue price certificate shall be modified as necessary in the reasonable judgment of Bond Counsel and the City. By submitting a bid, the successful bidder shall, on behalf of the underwriters participating in the purchase of the Bonds, (i) confirm that the underwriters have offered or will offer each maturity of the Bonds to the public on or before the date that the Bonds are awarded by the City to the successful bidder (“Sale Date”) at the initial public offering price set forth in the bid submitted by the winning bidder, and (ii) agree, on behalf of the underwriters participating in the purchase of the Bonds, that the underwriters will neither offer nor sell any maturity of the Bonds to any person at a price that is higher than the initial public offering price for such maturity during the period starting on the Sale Date and ending on the earlier of the following: (1) the close of the fifth business day after the Sale Date; or (2) the date on which the underwriters have sold at least 10% of that maturity of the Bonds to the public at a price that is no higher than the initial public offering price for such maturity. The winning bidder shall promptly advise the City when the underwriters have sold 10% of that maturity of the Bonds to the public at a price that is no higher than the initial public offering price if that occurs prior to the close of the fifth (5th) business day after the Sale Date. The City acknowledges that, in making the representation set forth above, the successful bidder will rely on (i) the agreement of each underwriter to comply with the hold-the-offering-price rule, as set forth in an agreement among underwriters and the related pricing wires, (ii) in the event a selling group has been created in connection with the initial sale of the Bonds to the public, the agreement of each dealer who is a member of the selling group to comply with the hold-the-offering-price rule, as set forth in a selling group agreement and the related pricing wires, and (iii) in the event that an underwriter is a party to a third-party distribution agreement that was employed in connection with the initial sale of the Bonds to the public, the agreement of each broker-dealer that is a party to such agreement to comply with the hold- 645 of 921 D-13 C\1311280.3 the-offering-price rule, as set forth in the third-party distribution agreement and the related pricing wires. The City further acknowledges that each underwriter shall be solely liable for its failure to comply with its agreement regarding the hold- the-offering-price rule and that no underwriter shall be liable for the failure of any other underwriter, or of any dealer who is a member of a selling group, or of any broker-dealer that is a party to a third-party distribution agreement to comply with its corresponding agreement regarding the hold-the-offering-price rule as applicable to the Bonds. By submitting a bid, each bidder confirms that: (i) any agreement among underwriters, any selling group agreement and each third-party distribution agreement (to which the bidder is a party) relating to the sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each underwriter, each dealer who is a member of the selling group, and each broker-dealer that is a party to such third-party distribution agreement, as applicable, to (A) report the prices at which it sells to the public the Bonds of each maturity allotted to it until it is notified by the successful bidder that either the 10% test has been satisfied as to the Bonds of that maturity or all Bonds of that maturity have been sold to the public and (B) comply with the hold-the-offering-price rule, if and for so long as directed by the successful bidder and in the related pricing wires, and (ii) any agreement among underwriters relating to the sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each underwriter that is a party to a third-party distribution agreement to be employed in connection with the initial sale of the Bonds to the public to require each broker- dealer that is a party to such third-party distribution agreement to (A) report the prices at which it sells to the public the unsold Bonds of each maturity allotted to it until it is notified by the successful bidder or such underwriter that either the 10% test has been satisfied as to the Bonds of that maturity or all Bonds of that maturity have been sold to the public and (B) comply with the hold-the-offering-price rule, if and for so long as directed by the successful bidder or such underwriter and as set forth in the related pricing wires. Sales of any Bonds to any person that is a related party to an underwriter shall not constitute sales to the public for purposes of this Official Notice of Sale. Further, for purposes of this Official Notice of Sale: (i) “public” means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an underwriter or a related party, (ii) “underwriter” means (A) any person that agrees pursuant to a written contract with the City (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) to participate in the initial sale of the Bonds to the public (including a member of a selling group or a party to a third-party distribution agreement participating in the initial sale of the Bonds to the public), (iii) a purchaser of any of the Bonds is a “related party” to an underwriter if the underwriter and the purchaser are subject, directly or indirectly, to (i) more than 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (iii) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other), and (iv) “sale date” means the date the Bonds are awarded by the City to the winning bidder. 646 of 921 D-14 C\1311280.3 Undertakings of the Successful Bidder. The successful bidder will, within 30 minutes after being notified that such firm is the apparent winning bidder of the Bonds, advise the City in writing of the initial public offering price to the public of each maturity of the Bonds. Prior to the delivery of the Bonds, the successful bidder will furnish the Issue Price Certificate to the City. It will be the responsibility of the successful bidder to institute such syndicate reporting requirements, to make such investigation, or otherwise to ascertain the facts necessary to enable it to execute the Issue Price Certificate. Delivery. The Bonds will be delivered in typewritten form, registered in the name of Cede & Co., as nominee of The Depository Trust Company, securities depository of the Bonds for the establishment of book-entry accounts at the direction of the successful bidder, within approximately 45 days after the award. Payment at the time of delivery must be made in federal or other immediately available funds. In the event delivery is not made within 45 days after the date of the sale of the Bonds, the successful bidder may, prior to tender of the Bonds, at its option, be relieved of its obligation under the contract to purchase the Bonds and its good faith check shall be returned, but no interest shall be allowed thereon. Delivery of the Bonds is currently anticipated to be on or about June 10, 2019. Legal Opinion. The successful bidder will be furnished without cost, the unqualified approving legal opinion of Bond Counsel. By submitting a bid, any bidder makes the representation that it understands Bond Counsel represents the City in the Bond transaction and, if such bidder has retained Bond Counsel in an unrelated matter, such bidder consents to and waives any conflict of interest arising from any adverse position to the City in this matter; such consent and waiver shall supersede any formalities otherwise required in any separate understandings, guidelines or contractual arrangements between the bidder and Bond Counsel. CUSIP Numbers. The City will assume no obligation for the assignment of CUSIP numbers on the Bonds or for the correctness of any numbers printed thereon. The City will permit such numbers to be assigned and printed at the expense of the original purchaser, but neither the failure to print such numbers on any Bonds nor any error with respect thereto will constitute cause for failure or refusal by the original purchaser to accept delivery of the Bonds. Application for CUSIP numbers is the obligation of the purchaser. PFM Financial Advisors LLC, the City’s municipal advisor, will request the assignment of CUSIP numbers prior to the sale of the Bonds. Official Statement. Upon the sale of the Bonds, the City will publish an Official Statement in substantially the same form as the Preliminary Official Statement subject to minor additions, deletions and revisions as required to complete the Preliminary Official Statement. Promptly after the sale date, but in no event later than seven business days after such date, the City will provide without cost to the successful bidder a reasonable number of copies of the Official Statement (not to exceed 20 copies). The successful bidder will be responsible for uploading the Official Statement via the EMMA system. The successful bidder agrees to supply to the City all necessary pricing information and any underwriter identification necessary to complete the Official Statement within 24 hours after the award of Bonds. Certification Regarding Official Statement. The City will deliver, at closing, a certificate, executed by appropriate officers of the City acting in their official capacities, to the effect that the facts contained in the Official Statement relating to the City and the Bonds are true and correct in all material respects, and that the Official Statement does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. Undertaking to Provide Continuing Disclosure. A Continuing Disclosure Undertaking (the “Undertaking”) will be delivered at closing setting forth the details and terms of the City’s undertaking and the Undertaking is a condition of closing. In order to assist bidders in complying with SEC Rule 15c2-12, as amended, the City will covenant in the Undertaking to provide annual reports and timely notice of certain events for the benefit of holders of the Bonds. The form of the Undertaking is included in the Preliminary Official Statement and in the final Official Statement. Transcript of Proceedings. A transcript of the proceedings relative to the issuance of the Bonds will be furnished to the successful bidder without cost, including a Closing Certificate stating that there is no litigation pending or threatened affecting the validity of or the security for the Bonds. Irregularities. The City Council reserves the right to reject any and all bids and to waive any and all irregularities. 647 of 921 D-15 C\1311280.3 Information. The Preliminary Official Statement can be viewed on the worldwide web at www.i- dealprospectus.com or copies of the Preliminary Official Statement and additional information may be obtained by addressing inquiries to the City’s financial advisor, PFM Financial Advisors LLC, 190 S. LaSalle St., Suite 2000, Chicago, Illinois 60603, PFM Financial Advisors LLC – Shannon Jacobson, phone (312) 523-2437, email jacobsons@pfm.com. 648 of 921 D-16 C\1311280.3 BID FORM $13,285,000 * GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019A CITY OF EVANSTON, COOK COUNTY, ILLINOIS City of Evanston, Illinois Sale Date: May 16, 2019 c/o PFM Financial Advisors LLC (Fax: 312/977-1575) For all or none of the principal amount of $13,285,000* General Obligation Corporate Purpose Bonds, Series 2019A (the “Bonds”) legally issued and as described in the Official Notice of Sale, we will pay the City $____________ (not less than 99.0% of par) plus accrued interest on the total principal amount of the Bonds to date of delivery, provided the Bonds bear the following interest rates: Original Original Year Amount* Rate Yield Year Amount* Rate Yield 2022 $345,000 % % 2033 $590,000 % % 2023 365,000 % % 2034 620,000 % % 2024 380,000 % % 2035 650,000 % % 2025 400,000 % % 2036 685,000 % % 2026 420,000 % % 2037 715,000 % % 2027 440,000 % % 2038 755,000 % % 2028 465,000 % % 2039 790,000 % % 2029 485,000 % % 2040 830,000 % % 2030 510,000 % % 2041 870,000 % % 2031 535,000 % % 2042 915,000 % % 2032 560,000 % % 2043 960,000 % % The Bonds mature on December 1 in each of the years as indicated above and interest is payable June 1 and December 1 of each year, commencing December 1, 2019. The Bonds maturing on December 1, 2030, and thereafter are subject to redemption prior to maturity at the option of the City on December 1, 2029, and any date thereafter. In making this offer, we accept the terms and conditions as defined in the Official Notice of Sale published in the Preliminary Official Statement dated April __, 2019. In submitting this bed, we represent that (i) this bid constitutes a firm offer to purchase the Bonds on the terms set forth in this bid from and the Official Notice of Sale and is not subject to any conditions, except as permitted by the Official Notice of Sale, and (ii) we have an established industry reputation for underwriting new issuances of municipal bonds and notes. All blank spaces of this offer are intentional and are not to be construed as an omission. Our good faith deposit in the amount of $132,850* will be wired in federal funds to the City within two hours after verbal award is made according to the Official Notice of Sale. NOT PART OF THE BID Respectfully submitted, Explanatory Note: According to our computation this bid involves the following: Account Manager Net Interest Cost True Interest Rate (TIC) The foregoing offer is hereby accepted by and on behalf of City of Evanston, Cook County, Illinois, this 16th day of May, 2019. By:________________________________________ By:________________________________________ Its:________________________________________ Its:________________________________________ *Preliminary, subject to change. 649 of 921 D-17 C\1311280.3 BID FORM $13,280,000 * GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019B CITY OF EVANSTON, COOK COUNTY, ILLINOIS City of Evanston, Illinois Sale Date: May 16, 2019 c/o PFM Financial Advisors LLC (Fax: 312/977-1575) For all or none of the principal amount of $13,280,000* General Obligation Corporate Purpose Bonds, Series 2019B (the “Bonds”) legally issued and as described in the Official Notice of Sale, we will pay the City $_____________ (not less than 99.0% of par) plus accrued interest on the total principal amount of the Bonds to date of delivery, provided the Bonds bear the following interest rates: Year Original Amount* Rate Yield Year Original Amount* Rate Yield 2020 $400,000 % % 2030 $ 655,000 % % 2021 420,000 % % 2031 685,000 % % 2022 445,000 % % 2032 720,000 % % 2023 465,000 % % 2033 755,000 % % 2024 490,000 % % 2034 795,000 % % 2025 515,000 % % 2035 835,000 % % 2026 540,000 % % 2036 875,000 % % 2027 565,000 % % 2037 920,000 % % 2028 595,000 % % 2038 965,000 % % 2029 625,000 % % 2039 1,015,000 % % The Bonds mature on December 1 in each of the years as indicated above and interest is payable June 1 and December 1 of each year, commencing December 1, 2019. The Bonds maturing on December 1, 2030, and thereafter are subject to redemption prior to maturity at the option of the City on December 1, 2029, and any date thereafter. In making this offer, we accept the terms and conditions as defined in the Official Notice of Sale published in the Preliminary Official Statement dated April __, 2019. In submitting this bed, we represent that (i) this bid constitutes a firm offer to purchase the Bonds on the terms set forth in this bid from and the Official Notice of Sale and is not subject to any conditions, except as permitted by the Official Notice of Sale, and (ii) we have an established industry reputation for underwriting new issuances of municipal bonds and notes. All blank spaces of this offer are intentional and are not to be construed as an omission. Our good faith deposit in the amount of $132,800* will be wired in federal funds to the City within two hours after verbal award is made according to the Official Notice of Sale. NOT PART OF THE BID Respectfully submitted, Explanatory Note: According to our computation this bid involves the following: Account Manager Net Interest Cost True Interest Rate (TIC) The foregoing offer is hereby accepted by and on behalf of City of Evanston, Cook County, Illinois, this 16th day of May, 2019. By:________________________________________ By:________________________________________ Its:________________________________________ Its:_________________________________________ *Preliminary, subject to change. 650 of 921 For City Council meeting of April 8, 2019 Item A28 Ordinance 24-O-19: Increasing Class T Halim Time and Glass Banquet Hall For Introduction & Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Hugh DuBose, Assistant City Attorney Subject: Ordinance 24-O-19, Increasing the Number of Class T Liquor Licenses for 1560 Oak Banquet Facilities LLC, d/b/a Halim Time and Glass Banquet Hall, 1560 Oak Avenue Date: April 8, 2019 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 24-O-19, amending Evanston City Code Subsection 3-4-6-(T) to increase the number of Class T Liquor Licenses from six (5) to six (6) and permit issuance of a Class T license to 1560 Oak Banquet Facilities LLC, d/b/a Halim Time and Glass Banquet Hall, 1560 Oak Avenue. Alderman Wilson recommends suspension of the rules for Introduction and Action at the April 8, 2019 City Council meeting. Livability Benefit: Economy & Jobs: Retain and expand local businesses. Summary: Ordinance 24-O-19 will permit Halim Time and Glass Banquet Hall to retail sale of alcoholic liquor only to invited persons of at least twenty-one (21) years of age for consumption at private and catered functions. Owner, Cameel Halim submitted application materials on behalf of Company. Legislative History: At the March 6, 2019 Liquor Control Review Board meeting, Company requested consideration of application for a Class T liquor license. Alternatives: N/A ------------------------------------------------------------------------------------- Attachments: Ordinance 24-O-19 Application Minutes of the March 6, 2019 Liquor Control Review Board meeting. Memorandum 651 of 921 3/12/2019 24-O-19 AN ORDINANCE Amending City Code Section 3-4-6-(T) to Increase the Number of Class T Liquor Licenses from Five to Six (1560 Oak Banquet Facilities LLC , d/b/a Halim Time and Glass Banquet Hall, 1560 Oak Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class T of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: T Catering Liquor None $1,800 $1,800 56 None 10 a.m. — 1 a.m. (Mon-Fri); 10 a.m. — 2 a.m. (Sat-Sun) SECTION 2: Subsection 3-4-6-(T) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class T liquor licenses from five (5) to six (6) to read as follows: (T) CLASS T licenses, which shall authorize the sale of alcoholic liquor for consumption on the premises where served, only to invited guests at private, catered functions. Such licenses shall be issued only to businesses defined as catering establishments under Title 6 of this Code and having a current Evanston business license. Catering establishments holding Class T licenses must have food service available when alcoholic liquor is being served. The service of alcoholic liquor shall be by employees of the licensed catering business. Class T licensees shall serve alcoholic liquor only to invited guests at catered functions. Such licenses shall be issued only for the premises owned, operated, or maintained by the licensed catering business or for the location in which the licensed catering business shall serve food and alcoholic liquor. The service of alcoholic liquor shall only take place from 10:00 a.m. to 1:00 a.m.; except, that service may be made up to 2:00 a.m. o n Saturday and Sunday mornings. The sale of alcoholic liquor shall be deemed to occur at the address of the catering establishment. 652 of 921 24-O-19 ~2~ The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be one thousand eight hundred dollars ($1,800.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be one thousand eight hundred ninety dollars ($1,890.00). No more than five (5) six (6) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2019 Adopted: ___________________, 201 9 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor 653 of 921 24-O-19 ~3~ Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 654 of 921 655 of 921 656 of 921 657 of 921 658 of 921 659 of 921 660 of 921 661 of 921 662 of 921 663 of 921 664 of 921 665 of 921 666 of 921 667 of 921 668 of 921 669 of 921 670 of 921 671 of 921 672 of 921 673 of 921 674 of 921 675 of 921 676 of 921 677 of 921 678 of 921 679 of 921 680 of 921 681 of 921 682 of 921 683 of 921 684 of 921 685 of 921 686 of 921 687 of 921 688 of 921 689 of 921 690 of 921 691 of 921 692 of 921 693 of 921 694 of 921 695 of 921 696 of 921 697 of 921 698 of 921 699 of 921 700 of 921 DRAFT Page 1 of 2 MINUTES Liquor Control Board Wednesday, March 6, 2019, 11:00 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Stephen H. Hagerty (Local Liquor Control Commissioner) Marion Macbeth; Dick Peach Members Absent: None Staff Present: Michelle Masoncup Others Present: Cameel Halim; Zubin Kammula Presiding Member: Local Liquor Control Commissioner Stephen H. Hagerty/Mayor CALL TO ORDER The Local Liquor Control Commissioner Stephen Hagerty called the meeting to order at 11:00 a.m. NEW BUSINESS Halim Time and Glass Museum, 1560 Oak Avenue Cameel Halim appeared on behalf of Halim Time and Glass Museum. He is requesting an increase in the Class T Liquor License. Mr. Halim explained Halim Time and Glass Museum already holds a City of Evanston Class D Liquor License. They are expanding their services to offer catering service in addition to restaurant service. They have an event space, but they would like to offer service outside of the venue. Mayor Hagerty asked if the Board had any questions. Mr. Peach did not. Ms. MacBeth asked what the hours are. Mr. Halim explained that they are closed on Sundays, opened Tuesday thru Sunday 10am to 6pm. BASSETS are up to date. Ms. Masoncup advised the proposed ordinance for Halim Time and Glass Museum’s Class T Liquor License will be introduced to the City Council on April 8, 2019. Eurest Dining Services, 1560 Sherman Avenue Zubin Kammula appeared on behalf of Eurest Dining Services. He is requesting an increase in both the Class D and Class T Liquor License. 701 of 921 DRAFT Page 2 of 2 Mr. Kammula explained that this particular location will be in the lower level of the Rotary Club. Compass Group USA provides food and beverage management at Northwestern and other institutions like it, as well as private clubs. They’ve been providing food and beverage service at the Rotary Club, but would now like to be able to offer alcoholic beverages to meet the demand for such beverage services, prompting them to apply for the Class D application. They’ve applied for the Class T to cater the events throughout the building to provide to the members. Mr. Peach, a member of the Rotary Club, explained that members have been providing their own beer for consumption during special events, but Tracy would like to be able to provide alcohol as part of the catering services for the Club’s events. Mayor Hagerty has attended events at the Rotary Club asked who has provided the alcohol in the past; Mr. Kammula explained that the alcohol was likely provided by an outside caterer to the event. These are events for both members and the general public. Compass would like to be able to offer the same service to the Rotary Club as they are currently offering to Northwestern’s Athletic Department, which allows them to cater their events anywhere. Mr. Kammula is in agreeance with Assistant City Attorney Hugh DuBose’s stipulation that there will be no issuance of Liquor Licenses until the two out of state officers have completed their background checks. Mr. Kammula is in the process of having those completed. The Class D will cover the restaurant only. Mayor Hagerty discusses the restaurant only being open for breakfast and lunch service. Mr. Kammula explains that they are considering expanding their hours to offer dinner service. All staff will go thru both Compass and State BASSET training. Mayor Hagerty asked the Board if they had questions. There were none. Ms. Masoncup advised the proposed ordinance for Eurest Dining Services Class D and Class T Liquor Licenses will be introduced to the City Council on April 8, 2019. Discussion of Alderman Wilson possibly suspending the rules. Ms. Masoncup will notify Mr. Halim of this as well. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Stephen H. Hagerty, Mayor, at 11:16 a.m. March 6, 2019. Respectfully Submitted, Hugh DuBose Assistant City Attorney, Law Department 702 of 921 For City Council meeting of April 8, 2019 Item A29 Ordinance 25-O-19, Increase Class D Liquor License Eurest Dining Services For Introduction & Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Hugh DuBose, Assistant City Attorney Subject: Ordinance 25-O-19, Increasing the Number of Class D Liquor Licenses for Compass Group USA, Inc., d/b/a Eurest Dining Services, 1560 Sherman Avenue Date: April 8, 2019 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 25-O-19, amending Class D Liquor License from fifty-three (53) to fifty-four (54) for Compass Group USA, Inc., d/b/a Eurest Dining Services, 1560 Sherman Avenue. Alderman Wilson recommends suspension of the rules for Introduction and Action at the April 8, 2019 City Council meeting. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: Ordinance 25-O-19 amends Evanston City Code of 2012 Subsection 3-4-6(D), as amended, to increase the number of Class D Liquor Licenses from fifty-three (53) to fifty-four (54) and permit issuance of a Class D license to Compass Group USA, Inc., d/b/a Eurest Dining Group, 1560 Sherman Avenue. This license will permit Company to retail sale of alcoholic liquor in restaurants only to persons of at least twenty-one (21) years of age for consumption on the premises. Attorney Zubin Kammula submitted application materials on behalf of Company. Legislative History: At the March 6, 2019 Liquor Control Review Board meeting, Company requested consideration of application for a Class D liquor license. ------------------------------------------------------------------------------------- Attachments: Ordinance 25-O-19 Application Minutes of the March 6, 2019 Liquor Control Review Board meeting Memorandum 703 of 921 3/12/2019 25-O-19 AN ORDINANCE Amending City Code Section 3-4-6(D) to Increase the Number of Class D Liquor Licenses from Fifty-three to Fifty-four (Compass Group USA, Inc., d/b/a Eurest Dining Services, 1560 Sherman Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class D of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: D Restaurant Liquor None $2,800 $2,800 53 54 None 11 a.m.— 1 a.m. (Mon- Thurs); 11 a.m. – 2 a.m. (Fri-Sat); 12 p.m. – 1 a.m. (Sun) SECTION 2: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class D liquor licenses from fifty-three (53) to fifty-four (54) to read as follows: (D) CLASS D licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in 3- 4-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding Class D licenses only during the period when their patrons are offered a complete meal. The applicant for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single-payment fee for initial issuance or renewal of such license shall be two thousand eight hundred dollars ($2,800.00). The total fee required hereunder for renewal applicants electing to make semiannual 704 of 921 25-O-19 ~2~ payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be two thousand nine hundred forty dollars ($2,940.00). No more than fifty-three (53) fifty-four (54) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2019 Adopted: ___________________, 201 9 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 705 of 921 706 of 921 707 of 921 708 of 921 709 of 921 710 of 921 711 of 921 712 of 921 713 of 921 714 of 921 715 of 921 716 of 921 717 of 921 718 of 921 719 of 921 720 of 921 721 of 921 722 of 921 723 of 921 724 of 921 725 of 921 726 of 921 727 of 921 728 of 921 729 of 921 730 of 921 731 of 921 732 of 921 733 of 921 734 of 921 735 of 921 736 of 921 737 of 921 738 of 921 739 of 921 740 of 921 741 of 921 742 of 921 743 of 921 744 of 921 745 of 921 746 of 921 747 of 921 748 of 921 749 of 921 750 of 921 751 of 921 752 of 921 753 of 921 754 of 921 755 of 921 DRAFT Page 1 of 2 MINUTES Liquor Control Board Wednesday, March 6, 2019, 11:00 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Stephen H. Hagerty (Local Liquor Control Commissioner) Marion Macbeth; Dick Peach Members Absent: None Staff Present: Michelle Masoncup Others Present: Cameel Halim; Zubin Kammula Presiding Member: Local Liquor Control Commissioner Stephen H. Hagerty/Mayor CALL TO ORDER The Local Liquor Control Commissioner Stephen Hagerty called the meeting to order at 11:00 a.m. NEW BUSINESS Halim Time and Glass Museum, 1560 Oak Avenue Cameel Halim appeared on behalf of Halim Time and Glass Museum. He is requesting an increase in the Class T Liquor License. Mr. Halim explained Halim Time and Glass Museum already holds a City of Evanston Class D Liquor License. They are expanding their services to offer catering service in addition to restaurant service. They have an event space, but they would like to offer service outside of the venue. Mayor Hagerty asked if the Board had any questions. Mr. Peach did not. Ms. MacBeth asked what the hours are. Mr. Halim explained that they are closed on Sundays, opened Tuesday thru Sunday 10am to 6pm. BASSETS are up to date. Ms. Masoncup advised the proposed ordinance for Halim Time and Glass Museum’s Class T Liquor License will be introduced to the City Council on April 8, 2019. Eurest Dining Services, 1560 Sherman Avenue Zubin Kammula appeared on behalf of Eurest Dining Services. He is requesting an increase in both the Class D and Class T Liquor License. 756 of 921 DRAFT Page 2 of 2 Mr. Kammula explained that this particular location will be in the lower level of the Rotary Club. Compass Group USA provides food and beverage management at Northwestern and other institutions like it, as well as private clubs. They’ve been providing food and beverage service at the Rotary Club, but would now like to be able to offer alcoholic beverages to meet the demand for such beverage services, prompting them to apply for the Class D application. They’ve applied for the Class T to cater the events throughout the building to provide to the members. Mr. Peach, a member of the Rotary Club, explained that members have been providing their own beer for consumption during special events, but Tracy would like to be able to provide alcohol as part of the catering services for the Club’s events. Mayor Hagerty has attended events at the Rotary Club asked who has provided the alcohol in the past; Mr. Kammula explained that the alcohol was likely provided by an outside caterer to the event. These are events for both members and the general public. Compass would like to be able to offer the same service to the Rotary Club as they are currently offering to Northwestern’s Athletic Department, which allows them to cater their events anywhere. Mr. Kammula is in agreeance with Assistant City Attorney Hugh DuBose’s stipulation that there will be no issuance of Liquor Licenses until the two out of state officers have completed their background checks. Mr. Kammula is in the process of having those completed. The Class D will cover the restaurant only. Mayor Hagerty discusses the restaurant only being open for breakfast and lunch service. Mr. Kammula explains that they are considering expanding their hours to offer dinner service. All staff will go thru both Compass and State BASSET training. Mayor Hagerty asked the Board if they had questions. There were none. Ms. Masoncup advised the proposed ordinance for Eurest Dining Services Class D and Class T Liquor Licenses will be introduced to the City Council on April 8, 2019. Discussion of Alderman Wilson possibly suspending the rules. Ms. Masoncup will notify Mr. Halim of this as well. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Stephen H. Hagerty, Mayor, at 11:16 a.m. March 6, 2019. Respectfully Submitted, Hugh DuBose Assistant City Attorney, Law Department 757 of 921 For City Council meeting of April 8, 2019 Item A30 Ordinance 26-O-19: Increase Class T Liquor License- Eurest Dining Services For Introduction & Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Hugh DuBose, Assistant City Attorney Subject: Ordinance 26-O-19, Increasing the Number of Class T Liquor Licenses for Compass Group USA, Inc., d/b/a Eurest Dining Group, 1560 Sherman Avenue Date: April 8, 2019 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 26-O-19, amending Evanston City Code Subsection 3-4-6-(T) to increase the number of Class T Liquor Licenses from six (6) to seven (7) and permit issuance of a Class T license to Compass Group USA, Inc., d/b/a Eurest Dining Services, 1560 Sherman Avenue. Alderman Wilson recommends suspension of the rules for Introduction and Action at the April 8, 2019 City Council meeting. Livability Benefit: Economy & Jobs: Retain and expand local businesses. Summary: Ordinance 26-O-19 will permit Compass Group USA, Inc., d/b/a Eurest Dining Group, (“Company”) to retail sale of alcoholic liquor only to invited persons of at least twenty- one (21) years of age for consumption at private and catered functions. Attorney Zubin Kammula submitted application materials on behalf of Company. Legislative History: At the March 6, 2019 Liquor Control Review Board meeting, Company requested consideration of application for a Class T liquor license. Alternatives: N/A ------------------------------------------------------------------------------------- Attachments: Ordinance 26-O-19 Application Minutes of the March 6, 2019 Liquor Control Review Board meeting. Memorandum 758 of 921 3/12/2019 26-O-19 AN ORDINANCE Amending City Code Section 3-4-6-(T) to Increase the Number of Class T Liquor Licenses from Six to Seven (Compass Group USA, Inc., d/b/a Eurest Dining Services, 1560 Sherman Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class T of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: T Catering Liquor None $1,800 $1,800 6 7 None 10 a.m. — 1 a.m. (Mon-Fri); 10 a.m. — 2 a.m. (Sat-Sun) SECTION 2: Subsection 3-4-6-(T) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class T liquor licenses from six (6) to seven (7) to read as follows: (T) CLASS T licenses, which shall authorize the sale of alcoholic liquor for consumption on the premises where served, only to invited guests at private, catered functions. Such licenses shall be issued only to businesses defined as catering establishments under Title 6 of this Code and having a current Evanston business license. Catering establishments holding Class T licenses must have food service available when alcoholic liquor is being served. The service of alcoholic liquor shall be by employees of the licensed catering business. Class T licensees shall serve alcoholic liquor only to invited guests at catered functions. Such licenses shall be issued only for the premises owned, operated, or maintained by the licensed catering business or for the location in which the licensed catering business shall serve food and alcoholic liquor. The service of alcoholic liquor shall only take place from 10:00 a.m. to 1:00 a.m.; except that service may be made up to 2:00 a.m. on Saturday and Sunday mornings. The sale of alcoholic liquor shall be deemed to occur at the address of the catering establishment. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. 759 of 921 26-O-19 ~2~ The annual single payment fee for initial issuance or renewal of such license shall be one thousand eight hundred dollars ($1,800.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be one thousand eight hundred ninety dollars ($1,890.00). No more than six (6) seven (7) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2019 Adopted: ___________________, 201 9 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 760 of 921 761 of 921 762 of 921 763 of 921 764 of 921 765 of 921 766 of 921 767 of 921 768 of 921 769 of 921 770 of 921 771 of 921 772 of 921 773 of 921 774 of 921 775 of 921 776 of 921 777 of 921 778 of 921 779 of 921 780 of 921 781 of 921 782 of 921 783 of 921 784 of 921 785 of 921 786 of 921 787 of 921 788 of 921 789 of 921 790 of 921 791 of 921 792 of 921 793 of 921 794 of 921 795 of 921 796 of 921 797 of 921 798 of 921 799 of 921 800 of 921 801 of 921 802 of 921 803 of 921 804 of 921 805 of 921 806 of 921 807 of 921 808 of 921 809 of 921 810 of 921 DRAFT Page 1 of 2 MINUTES Liquor Control Board Wednesday, March 6, 2019, 11:00 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Stephen H. Hagerty (Local Liquor Control Commissioner) Marion Macbeth; Dick Peach Members Absent: None Staff Present: Michelle Masoncup Others Present: Cameel Halim; Zubin Kammula Presiding Member: Local Liquor Control Commissioner Stephen H. Hagerty/Mayor CALL TO ORDER The Local Liquor Control Commissioner Stephen Hagerty called the meeting to order at 11:00 a.m. NEW BUSINESS Halim Time and Glass Museum, 1560 Oak Avenue Cameel Halim appeared on behalf of Halim Time and Glass Museum. He is requesting an increase in the Class T Liquor License. Mr. Halim explained Halim Time and Glass Museum already holds a City of Evanston Class D Liquor License. They are expanding their services to offer catering service in addition to restaurant service. They have an event space, but they would like to offer service outside of the venue. Mayor Hagerty asked if the Board had any questions. Mr. Peach did not. Ms. MacBeth asked what the hours are. Mr. Halim explained that they are closed on Sundays, opened Tuesday thru Sunday 10am to 6pm. BASSETS are up to date. Ms. Masoncup advised the proposed ordinance for Halim Time and Glass Museum’s Class T Liquor License will be introduced to the City Council on April 8, 2019. Eurest Dining Services, 1560 Sherman Avenue Zubin Kammula appeared on behalf of Eurest Dining Services. He is requesting an increase in both the Class D and Class T Liquor License. 811 of 921 DRAFT Page 2 of 2 Mr. Kammula explained that this particular location will be in the lower level of the Rotary Club. Compass Group USA provides food and beverage management at Northwestern and other institutions like it, as well as private clubs. They’ve been providing food and beverage service at the Rotary Club, but would now like to be able to offer alcoholic beverages to meet the demand for such beverage services, prompting them to apply for the Class D application. They’ve applied for the Class T to cater the events throughout the building to provide to the members. Mr. Peach, a member of the Rotary Club, explained that members have been providing their own beer for consumption during special events, but Tracy would like to be able to provide alcohol as part of the catering services for the Club’s events. Mayor Hagerty has attended events at the Rotary Club asked who has provided the alcohol in the past; Mr. Kammula explained that the alcohol was likely provided by an outside caterer to the event. These are events for both members and the general public. Compass would like to be able to offer the same service to the Rotary Club as they are currently offering to Northwestern’s Athletic Department, which allows them to cater their events anywhere. Mr. Kammula is in agreeance with Assistant City Attorney Hugh DuBose’s stipulation that there will be no issuance of Liquor Licenses until the two out of state officers have completed their background checks. Mr. Kammula is in the process of having those completed. The Class D will cover the restaurant only. Mayor Hagerty discusses the restaurant only being open for breakfast and lunch service. Mr. Kammula explains that they are considering expanding their hours to offer dinner service. All staff will go thru both Compass and State BASSET training. Mayor Hagerty asked the Board if they had questions. There were none. Ms. Masoncup advised the proposed ordinance for Eurest Dining Services Class D and Class T Liquor Licenses will be introduced to the City Council on April 8, 2019. Discussion of Alderman Wilson possibly suspending the rules. Ms. Masoncup will notify Mr. Halim of this as well. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Stephen H. Hagerty, Mayor, at 11:16 a.m. March 6, 2019. Respectfully Submitted, Hugh DuBose Assistant City Attorney, Law Department 812 of 921 For City Council meeting of April 8, 2018 Item A31 Ordinance 28-O-19: Alley Paving Special Assessment No. 1524 For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: David Stoneback, Public Works Agency Director Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer Chris Venatta, P.E., Senior Project Manager Subject: Alley Paving Special Assessment No. 1524 Ordinance 28-O-19 Date: April 8, 2018 Recommended Action: Staff recommends City Council adopt Ordinance 28-O-19 allowing the paving of the alley north of Simpson Street and east of McDaniel Avenue through the Special Assessment Process. Funding Source: Funding will be from the Capital Improvement Program (CIP) 2019 General Obligation Bonds (Account 415.40.4119.65515 – 419001), which has $250,000 budgeted in FY 2019; and the Special Assessment Funds (Account 420.26.6000.65515 – 419001), which has $408,000 budgeted in FY 2019. Livability Benefits: Built Environment: Enhance public spaces Detailed Funding Analysis: The 2019 CIP Fund has a budget allocation of $658,000 for special assessment alley improvements. The total estimated construction cost for this alley is $603,384.00 and the share of the adjacent property owners comes to $301,692.00 plus 9.0% for engineering and legal expenses for a total of share of $328,844.28. The property owners will reimburse the City for their share of the project cost in one lump-sum payment or in installments for up to 10 years plus interest. The following table summarizes the project costs: Memorandum 813 of 921 Budget Description Account Project Number Budget Amount Project Cost Alley Paving - GO Bonds 415.40.4118.65515 418003 $250,000 $250,000.00 Alley Paving - SSA 415.40.4218.65515 418003 $408,000 $353,384.00 Total Estimated Construction Cost: $603,384.00 Summary: The alley paving project was initiated by a petition from the property owners adjacent to this alley. The petition contained signatures of 58.82% of the abutting property owners showing support of the project. The petition was accepted by the Board of Local Improvements (BLI) on June 14, 2016. City staff then proceeded with the design of the alley paving project. A public hearing for the project was held on March 21, 2019 to share the project design and to receive public comments. At the public hearing, there were additional votes in favor as well as changed votes from the original petition which dropped the percentage of signatures to 52.94% in favor. The BLI voted to recommend to the City Council that the alley be paved through the special assessment process. Attachments: Ordinance 28-O-19 with the recommendation of BLI and estimate of BLI Engineer 814 of 921 03/25/2019 28-O-19 AN ORDINANCE To Approve the Construction of a Local Improvement Known as Evanston Special Assessment No. 1524 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, ILLINOIS: SECTION 1: A local improvement shall be made within the City of Evanston, County of Cook, and State of Illinois, the nature, character, locality and description of which is as follows, to-wit: The unimproved public alley in the block bounded on the north by Payne Street, on the east by Pioneer Road, on the south by Simpson Street, and on the west by McDaniel Avenue, in the City of Evanston, County of Cook, State of Illinois, be improved by excavating, constructing the necessary drainage system and paving with 8" Portland Cement Concrete Pavement, to a width of sixteen feet (16’) along the east-west leg and the north-south leg between Payne Street and Simpson Street. The second north-south leg that only outlets to Simpson Street will be paved to a width of thirteen feet (13’). SECTION 2: The Recommendation (Exhibit A) of the Board of Local Improvements of the City of Evanston, Illinois, of this Ordinance, and the Estimate of the Cost (Exhibit B) of said improvement made by the Engineer of said Board, both attached hereto, be and the same are hereby approved and by reference thereto made a part hereof. SECTION 3: Said improvement shall be made and the cost thereof, including the sum of Six Hundred Fifty-Seven Thousand Six Hundred Eighty-Eight and 56/100 Dollars ($657,688.56), being the cost of making and 815 of 921 28-O-19 ~2~ collecting the Assessment and all other expenses as provided by law, shall be paid for by Special Assessment in accordance with the Illinois Municipal Code, Chapter 65, Section 5/9-2-1, et seq. SECTION 4: Three Hundred Twenty-Eight Thousand Eight Hundred Forty-Four and 28/100 Dollars ($328,844.28) of the cost of said improvement shall be allocated by the City; and the remainder of the cost, Three Hundred Twenty-Eight Thousand Eight Hundred Forty-Four and 28/100 Dollars ($328,844.28)will be allocated as private benefit. SECTION 5: The aggregate amount to be assessed and each individual assessment shall be divided into ten (10) installments in the manner provided by law, and each of said installment shall bear interest at the rate of four percent (4%) per annum from sixty (60) days after the date of the first voucher issued on account of work done upon said proposed improvement. SECTION 6: That, for the purpose of anticipating the collection of the installments of said assessment levied against the real estate benefited thereby, general obligation bonds have been issued, up to Two Hundred Fifty Thousand Dollars ($250,000.00) of which are payable by the City, additional funds from the City’s Special Assessment Fund of Seventy-Eight Thousand Eight Hundred Forty-Four and 28/100 ($78,844.28) payable by the City, and homeowners pay up to Three Hundred Twenty-Eight Thousand Eight Hundred Forty-Four and 28/100 Dollars ($328,844.28) of which are payable out of said installments, bearing interest at the rate of four percent (4%) per annum, payable 816 of 921 28-O-19 ~3~ annually and signed on behalf of the City of Evanston, Illinois, by its Mayor and attested by its City Clerk and its corporate seal affixed thereto; and each interest coupon attached to said bonds shall likewise be executed by and shall bear the official or facsimile signature of the same officers who signed said bonds and who, if facsimile signatures are used, do adopt by their execution of said bonds as and for their proper signatures their respective facsimile signatures appearing on said coupons; and that said bonds shall be issued in accordance with and shall be in all respects conform to the provisions of an Act of the General Assembly of the State of Illinois, knows as the “Illinois Municipal Code,” effective July 1, 1961, and the Amendments thereto. SECTION 7: That David Stoneback, President of the Board of Local Improvements of the City of Evanston, Illinois, be and he is hereby directed to file a Petition in the Circuit Court of Cook County, Illinois, praying that steps may be taken to levy a Special Assessment to pay the cost of said improvement in accordance with the provisions of this ordinance and in the manner prescribed by law. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this 817 of 921 28-O-19 ~4~ ordinance that can be given effect without the invalid application or provision, and each invalid application of this ordinance is severable. SECTION 10: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 11: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2019 Adopted:___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _____________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 818 of 921 28-O-19 ~5~ Exhibit A Recommendation 819 of 921 820 of 921 28-O-19 ~6~ Exhibit B Estimate 821 of 921 822 of 921 823 of 921 For City Council meeting of April 8, 2019 Item A32 Ordinance 29-O-19, City Code Section 10-4-16-2(A) Vehicle Parking Permits For Introduction To: Honorable Mayor and Members of the City Council Members of the Administration and Public Works Committee From: Erika Storlie, Assistant City Manager/Administrative Services Director Jill Velan, Parking Division Manager Subject: Ordinance 29-O-19, Updating City Code Section 10-4-16-2(A) Vehicle Parking Permits Date: April 1, 2019 Recommended Action: Staff recommends City Council adoption of Ordinance 29-O-19, amending City Code Section 10-4-16 changing the payment for parking permits from quarterly to monthly and allowing for the stickerless enforcement of the City operated surface parking lots. Funding Source: Revenue 505.19.7005.53385 - Space (Lot) Rentals Livability Benefit: Innovation & Process: Support Local Government Best Practices and Processes Summary: The City Council approved an agreement with Passport Parking on August 14, 2017. Digital Permitting was approved as part of this agreement, and the first step was to start issuing all parking permits in City operated surface lots digitally. Once this conversion is complete the next steps are to transfer all current wheel tax data and to start issuing digital residential permits. By November 2019, the plan is for all vehicle related permits (Wheel Tax, Residential Permits, Lot Permits) to be digital with enforcement done with License Plate Recognition (LPR) technology. As part of this transition there are a few code modifications necessary to allow for the new enforcement technology and issuance of the digital permits. The current process requires a quarterly payment and the display of a physical sticker. With the new process the payment is switching to monthly and the parker can opt for automatic renewal each month via credit or debit card. This allows for online payments via the Memorandum 824 of 921 ParkEvanston app or the City website. Residents may still pay in person at the Collector’s Office as well. With the stickerless enforcement the registered vehicle’s license plate number will be entered into the passport system and compliance will be monitored through the LPR software as we currently do with wheel tax. This requires a modification of the code to no longer require the display of a physical permit. Enforcement through LPR will reduce the amount of unauthorized transferring of parking permits that currently occurs. Parking enforcement staff currently can only enforce by visually seeing a physical permit, but they do not necessarily know if that permit corresponds to the permits’ registered vehicle owner. Digital enforcement will ensure that permits match the registered vehicle that the permit is assigned to. Attachments: Ordinance 29-O-19 825 of 921 3/28/2019 29-O-19 AN ORDINANCE Amending Portions of City Code Sections 10-4-16-2(A) “Vehicle Parking Permits” and 10-4-16-3 “Vehicle Identification” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: City Code Subsection 10-4-16-2(A) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 10-4-16-2. - PERMIT REQUIRED. (A) Application And Fee. It shall be unlawful for any person to park a vehicle in the posted reserved parking space areas designated in Subsection 10 -4-16-1(A) of this Chapter, unless the owner or operator of such vehicle shall have received from the City Manager or his/her designee a permit for such parking and shall have paid the charges therefor f or the current quarter year month. Further, no permit shall be issued until the applicant has either: 1) Paid the fine and/or penalty for each violation for which there is an outstanding or otherwise unsettled parking violation; or 2) Requested an appearance in the circuit court to answer for each violation. Space for the storage and parking of passenger motor vehicles shall be reserved, set aside and allocated to those persons who shall make application therefor to the City Manager or his/her desig nee and upon the payment of the rental fee, as may be prescribed by the City Council from time to time. (B) Issuance; Transferability; Renewal. Should there be applicants for space in any designated area in excess of the number of parking spaces available, such applications shall be placed on file by the finance director, to be filed in chronological order. No person shall be permitted to sell, transfer or assign reserved parking space to any other person. Reassignment of space shall be by the finance direc tor. Renewal of reserved parking spaces shall have preference over all other applications; provided, that such renewal applications are on file prior to the expiration date. (C) Exceptions. No permits shall be required for designated parking in those reser ved parking areas set forth in Schedule XX, Section 10-11-20 of this Title. 826 of 921 29-O-19 ~2~ (D) Violations. Vehicles parked in violation of Section 10 -4-16 shall be subject to towing and further penalties as designated in Schedule XVII, Section 10-11-17of this Title, provided the reserved parking area is appropriately posted giving notice thereof. Each twenty four (24) hour period the vio lation continues shall be construed to be a separate offense. SECTION 2: City Code Subsection 10-4-16-3, of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 10-4-16-3. - IDENTIFICATION OF VEHICLES. RESERVED. Any person who shall have been assigned space by the City Manager or his/her designee in any reserved parking space area shall have the privilege of parking or storing his/her passenger motor vehicle in any available space within the designated parking area; p rovided that such motor vehicle is marked with the identification provided for that purpose by the City Manager or his/her designee. No motor vehicle shall be parked, left or stored in any such area unless it is marked with such identification. Vehicles pa rked in violation of this Section 10-4-16 shall be subject to towing and further penalties as designated in Schedule XVII, Section 10-11-17of this Title, provided the reserved parking area is appropriately posted giving notice thereof. Each twenty four (24 ) hour period the violation continues shall be construed to be a separate offense. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this Ordinance 29-O-19 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 5: Ordinance 29-O-19 shall be in full force and effect after its passage and approval. 827 of 921 29-O-19 ~3~ SECTION 6: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: _________________, 2019 Adopted: ___________________, 201 9 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 828 of 921 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, April 8, 2019 6:30 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston James C. Lytle Council Chambers AGENDA I. CALL TO ORDER/DECLARATION OF QUORUM: ALDERMAN REVELLE, CHAIR II. APPROVAL OF REGULAR MEETING MINUTES OF MARCH 11, 2019 III. ITEMS FOR CONSIDERATION (P1) Ordinance 18-O-19, Amending City Code Section 6-15-14-7, “Active Ground Floor Uses” Plan Commission and staff recommend adoption of Ordinance 18-O-19, amending the Zoning Ordinance Section 6-15-14-7 to revise the listing of appropriate ground floor uses in the Central Street Overlay District. For Introduction (P2) Ordinance 30-O-19, Granting a Special Use Permit for a Planned Development at 2425 Oakton Street The Plan Commission and staff recommend adoption of Ordinance 30-O-19 for approval of a Planned Development for a car wash facility with 20 vacuum spaces and 4 parking spaces in the I1 Industrial District and oRD Redevelopment Overlay District. The applicant is seeking one site development allowance for an accessory structure that is 3 ft. from the principal structure where 10 ft. is required. Alderman Fleming requests suspension of the rules for Introduction and Action of Ordinance 30-O-19 at the April 8, 2019 City Council meeting. For Introduction and Action IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 829 of 921 Planning & Development Committee Meeting Minutes of March 11, 2019 6:30 p.m. James C. Lytle Council Chambers - Lorraine H. Morton Civic Center MEMBERS PRESENT: J. Fiske, T. Suffredin, A. Rainey, M. Wynne, E. Revelle, D. Wilson STAFF PRESENT: M. Masoncup, J. Leonard, S. Mangum OTHERS PRESENT: PRESIDING OFFICIAL: Ald. Revelle I. CALL TO ORDER/DECLARATION OF QUORUM: ALDERMAN REVELLE, CHAIR A quorum being present, Ald. Revelle called the meeting to order at 7:01 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF FEBRUARY 11, 2019 Ald. Rainey moved to approve the minutes of the February 11, 2019 meeting, seconded by Ald. Wynne. The committee voted unanimously 6- 0, to approve the February 11, 2019 minutes. III. ITEMS FOR CONSIDERATION (P1) Ordinance 21-O-19, Granting a Special Use to Expand a Craft Alcohol Production Facility, Sketchbook Brewing Co., at 821-823 Chicago Ave. The Zoning Board of Appeals and City staff recommend adoption of Ordinance 21-O-19 granting special use approval to expand a Craft Alcohol Production Facility, Sketchbook Brewing Co., at 821-823 Chicago Ave. in the C1a Commercial Mixed-Use District. The applicant has complied with all zoning requirements and meets all of the standards for a special use for this district. Alderman Wynne requests suspension of the rules for Introduction and Action at the March 11, 2019 City Council meeting. For Introduction and Action Ald. Wynne moved for suspension of the rules to Introduce and Approve Ordinance 21-O-19, seconded by Ald. Rainey. The Committee voted 6-0 to suspend the rules and introduce and approve this item. (P2) Ordinance 22-O-19, Special Use Permit for a Planned Development at 910- 938 Custer Avenue and Amending Zoning Map 830 of 921 The Plan Commission and staff recommend adoption of Ordinance 22-O-19 for approval of a Map Amendment to Rezone from the MUE Transitional Manufacturing-Employment District to the MXE Mixed-Use Employment District and a Special Use for a Planned Development for 40 single family attached townhomes in five standalone buildings that feature interior courtyards, two-car attached garages per dwelling unit, and building height of four stories. The proposal includes six Site Development Allowances. For Introduction Bill Rotolo, representative for the developer, stated that the Tax Increment Financing request was withdrawn. The Inclusionary Housing Ordinance requirement would be satisfied by fee-in-lieu payment. Ald. Wilson, noted the creative reuse of property and clarified that developer is no longer proposing a building on the city-owned parking lot on Main Street. Ald. Wilson moved to Introduce Ordinance 22-O-19, seconded by Ald. Wynne. The Committee voted 6-0 to Introduce the item. IV. ITEMS FOR DISCUSSION (PD1) Public Benefits for Planned Developments Plan Commission and Staff recommend amending Zoning Ordinance Section 6-3-6-3. Public Benefits, to revise the regulations relating to Public Benefits of Planned Developments. For Discussion Community Development Director Johanna Leonard and Planning and Zoning Manager Scott Mangum presented options for revisions to the Zoning Ordinance. Ald. Wynne, suggested making site development allowances the ceiling for requests and added that further development of the public benefits categories is needed. Either could require every PD to have public benefits choosing from a list, or could require to have certain categories fulfilled. Ald. Fiske, noted that project design and the fabric of the community are important factors. Interested in the inclusion of developers in the discussion in order to ensure the design is good, including the materials being used and public benefits impact the cost of the project. Ald. Revelle, stated that she wants staff to flesh out more so they have something more tangible to react to. The more project is seeking allowances, the score of public benefits should be compounded. 831 of 921 Ald. Rainey suggested looking at current proposals to see how they would stack up against the proposed public benefit changes. Ald. Fiske, noted there are a number of uses that have been desirable to the community (Bowling Alleys, Northlight, Trader Joe’s) and how they can offset the development that they are part of Ald. Revelle noted the setback site development allowance category should include ziggurat setback requirement in downtown. Ald. Wynne, stated they should distinguish between external benefits versus internal to site benefits (e.g. snow removal) in looking at whether the public benefit helps the development or the larger community. (PD2) Design and Project Review Committee At the January 14, 2019 City Council meeting, during Call of the Wards, Alderman Fiske made a reference to request a discussion on the Design and Project Review (DAPR) Committee at a future Planning & Development Committee. For Discussion Ald. Fiske, explained the idea that committee is there to work with the applicant and provide list of standards using findings rather than only positive or negative DAPR recommendation. Economic benefits of project should be included in complete DAPR discussion of item. Plan Commission review is often only cursory. Ald. Wilson, noted that DAPR is focused on design elements and the Plan Commission review is separate. Ald. Wynne, stated the issue may be more with Plan Commission review of standards and expertise and believes DAPR expertise and comments are important. Ald. Rainey, agrees DAPR best advice money can buy for applicant, but DAPR recommendation should be to applicant not to Plan Commission. DAPR may have different preferences on different parts of a project. Ald. FIske, stated that DAPR is necessary service to developer, but that staff review letter and recommendations are lost in the process. Plan Commission quality varies over time. Interested in looking at adjustments to the process. Director Leonard stated that staff can look into the experience of other communities. 832 of 921 V. COMMUNICATIONS VI. ADJOURNMENT Ald. Wynne moved to adjourn, seconded by Ald. Revelle. The meeting adjourned at 7:54 p.m. Respectfully submitted, Scott Mangum Planning and Zoning Manager 833 of 921 For City Council meeting of March 11, 2019 Item P1 Ordinance 18-O-19, Text Amendment – Ground Floor Uses For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Johanna Leonard, Community Development Director Scott Mangum, Planning and Zoning Manager Meagan Jones, Neighborhood and Land Use Planner Subject: Ordinance 18-O-19 Ground Floor Uses in the oCSC Central Street Corridor Overlay District 19PLND-0010 Date: February 28, 2019 Recommended Action: Plan Commission and staff recommend adoption of Ordinance 18-O-19, amending the Zoning Ordinance Section 6-15-14-7 to revise the listing of appropriate ground floor uses in the Central Street Overlay District. Livability Benefits Built Environment: Provide compact and complete streets and neighborhoods. Economy and Jobs: Retain and Expand Local Businesses, Expand Job Opportunities Background Per the Zoning Ordinance the purpose of the oCSC Overlay District is to “implement the recommendations contained in the Central Street Master Plan (2007). The geographical scope of the plan extended the length of Central Street from Gross Point Road in the west to Ridge Avenue in the east, and includes intersecting portions of Gross Point Road, Crawford Avenue and Green Bay Road. Specifically, this overlay district seeks to: (A) Preserve existing character and scale. (B) Encourage a healthy mix of uses along the corridor; preserve independent and unique uses. (C) Sustain and enhance the corridor as a location for diverse, unique, small scale, pedestrian oriented retail shops, services, and restaurants. (D) Encourage retail uses close to transit. (E) Allow a wide, consistent sidewalk width. (F) Ensure wider, landscaped parkways as a transition between retail frontages and residential side streets. (G) Provide improved sightlines for motorists. (H) Ensure consistent building placement and create a pedestrian friendly and Memorandum 834 of 921 2 human scaled "street wall." (I) Articulate buildings and reduce the perceived height and mass of new development by using building stepbacks at upper stories. (J) Establish new sidewalk standards for improved sidewalk widths, sightlines, and streetscapes. (K) Encourage buildings with clearly defined bases, middles, and tops. (L) Allow the intuitive identification of storefronts through the use of appropriate store windows and fenestration for retail and mixed use buildings.” The boundaries of the oCSC District stretch roughly from Bryant Avenue on the east to Gross Point Road on the west, stretching further north and south where Central Street intersects Green Bay Road and Gross Point Road. The Overlay is split into 7 subareas that allow for the district to be tailored to meet the needs of different areas along the corridor. Each subarea corresponds with underlying zoning districts (R4, R5, B1a, C2 and O1) and location. Maps are attached showing these designations. The uses within the oCSC District generally align with those of the underlying zoning districts. Section 6-15-14-7. – Active Ground Floor Uses, includes a chart which provides a listing of acceptable ground floor uses for subareas 3 through 7 that are considered active and are intended to encourage pedestrian traffic within the area. The uses are designated as either permitted or special use, largely coordinating with the underlying zoning districts. Several uses, however, are either not listed within the chart or are inconsistent with the underlying zoning regulations. The proposed text amendment below was brought about from a Special Use application to operate a banquet hall within the B1a Business District and subarea 5 of the oCSC Overlay District. The proposed use is allowed in the B1a District as a Special Use but is not listed within the table of active ground floor uses for the oCSC District. Although, the applicant for the banquet hall special use has since withdrawn the application, this is an opportunity to update the ordinance for potential future applicants. Proposal Overview Staff is proposing to amend Section 6-15-14-7 to revise the chart of uses allowed within subareas 3, 4, 5, 6, and 7 of the oCSC Central Street Overlay District. Specifically, staff will amend the zoning ordinance as described below. For the purposes of this amendment, a legend explaining the changes is also provided: New uses not in existence when overlay district active ground floor uses were last revised in 2014 Uses above the ground floor not relevant for ground floor use chart Uses consistent with underlying zoning district regulations Uses not defined in Zoning Code 6-15-14-7. –ACTIVE GROUND FLOOR USES. In subareas 3, 4, 5, 6 and 7, active uses shall occupy the ground floor level along the 835 of 921 3 primary street frontage. "Active uses" are hereby defined in the table below along with the matter in which they are allowed in each subarea as either permitted use ("P") or special use ("S"). In subareas 3, 4, 5, 6 and 7, active uses shall occupy the ground floor level feet along the primary street frontage. "Active uses" are hereby defined in the table below along with the matter in which they are allowed in each subarea as either permitted use ("P") or special use ("S"). Allowed in: Uses: B1A (Subareas 4, 5 and 6) O1 (Subarea 3) C2 (Subarea 7) Animal hospital S P Artist's studios and accessory dwelling units (provided the accessory dwelling unit shall not front upon any street) P Automobile body repair establishment S Automobile and recreational vehicle sales and/or rental S Automobile repair service establishment S Automobile service station S P Banquet hall S S S Brew pub P P Business or vocational school S S Convenience store S S Craft alcohol production facility S S Cultural facility S S S Daycare center - Adult S Daycare center - Domestic animal S S Daycare center - Child S S Dormitory S Dwelling - Multiple family S S S Educational institution - Private SP SP Educational institution - Public SP SP Financial institution (above ground level) P P P Financial institution (ground level) S S P Food store establishments P P Government institution P P P Hotels P S Indoor commercial recreation S S S Micro-distillery S S Office (above ground level) P P P Office (ground level) S S P Performance entertainment venue S S S Religious Institution S S Resale establishment S S Restaurants type 1 P P P Restaurants type 2 S S Retail goods establishments P P P Retail service establishments P P P Specialty food store 836 of 921 4 The proposed changes would better align the overlay district regulations with underlying base zoning district regulations. It will also help promote pedestrian oriented retail activity along Central Street. The text amendment is consistent with the goals, objectives, and policies of the Comprehensive General Plan by maintaining the appealing character of Evanston’s neighborhoods while guiding their change as well as to retain and enhance a diversity of business, commercial and industrial areas as desirable locations of economic activity. Specifically, it will follow the policy/action of promoting pedestrian oriented retail activity in Evanston’s neighborhood business areas. Legislative History February 13, 2019 – The Plan Commission voted, 6-0, to recommend approval of the proposed text amendment. Attachments Proposed Ordinance 18-O-19 Maps of oCSC Subareas Link to Plan Commission Packet for 2/13/2019 Draft Plan Commission Minutes for the 2/13/2019 Meeting 837 of 921 2/20/2019 18-O-19 AN ORDINANCE Amending City Code Section 6-15-14-7 “Active Ground Floor Uses” NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: City Code Section 6-15-14-7, “Active Ground Floor Uses,” of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 6-15-14-7. - ACTIVE GROUND FLOOR USES. In Subareas 3, 4, 5, 6 and 7, active uses shall occupy the ground floor level along the primary street frontage. "Active uses" are hereby defined in the table below along with the matter in which they are allowed in each subarea as either permitted use ("P") or special use ("S"). In Subareas 3, 4, 5, 6 and 7, active uses shall occupy the ground floor level feet along the primary street frontage. "Active uses" are hereby defined in the table below along with the matter in which they are allowed in each subarea as either permitted use ("P") or special use ("S"). Allowed in: Uses: B1A (Subareas 4, 5 and 6) O1 (Subarea 3) C2 (Subarea 7) Animal hospital S P Artist's studios and accessory dwelling units (provided the accessory dwelling unit shall not front upon any street) P Automobile body repair establishment S Automobile and recreational vehicle sales and/or rental S Automobile repair service establishment S Automobile service station S P Banquet hall S S S Brew pub P P Business or vocational school S S Convenience store S S 838 of 921 18-O-19 ~2~ Craft alcohol production facility S S Cultural facility S S S Daycare center - Adult S Daycare center - Domestic animal S S Daycare center - Child S S Dormitory S Dwelling - Multiple family S S S Educational institution - Private SP SP Educational institution - Public SP SP Financial institution (above ground level) P P P Financial institution (ground level) S S P Food store establishments P P Government institution P P P Hotels P S Indoor commercial recreation S S S Micro-distillery S S Office (above ground level) P P P Office (ground level) S S P Performance entertainment venue S S S Religious Institution S S Resale establishment S S Restaurants type 1 P P P Restaurants type 2 S S Retail goods establishments P P P Retail service establishments P P P Specialty food store SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this Ordinance 18-O-19 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 4: Ordinance 18-O-19 shall be in full force and effect after its passage and approval. 839 of 921 18-O-19 ~3~ SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: _________________, 2019 Adopted: ___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 840 of 921 Central Street Zoning (East) Zoning Boundaries & Labels Zoning Overlay Districts oCSC - Central Street Corridor oDM - Dempster-Main Overlay oH - Hospital Overlay oRD - Redevelopment Overlay oWE- West Evanston Overlay Zoning Districts B1 - Business B1a - Business B2 - Business B3 - Business C1 - Commercial C1a - Commercial Mixed-Use C2 - Commercial D1 - Downtown Fringe D2 - Downtown Retail Core D3 - Downtown Core Development D4 - Downtown Transition I1 - Industrial / Office I2 - General Industrial I3 - General Industrial MUE - Transitional Manufacturing-Employment MXE - Mixed Use Employment O1 - Office OS - Open Space R1 - Single-Family Residential R2 - Single-Family Residential R3 - Two-Family Residential R4 - General Residential R4a - General Residential R5 - General Residential R6 - General Residential RP - Research Park T1 - Transitional Campus T2 - Transitional Campus U1 - University Housing U1a - University Housing and Parking U2 - University Athletic Facilities U3 - University Lakefront Campus WE1 - West Evanston Transitional February 7, 2019 0 0.1 0.20.05 mi 0 0.2 0.40.1 km 1:8,000 This map is not a plat of survey. This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information.Copyright 2018 City of Evanston841 of 921 Central Street Zoning (West) Zoning Boundaries & Labels Zoning Overlay Districts oCSC - Central Street Corridor oDM - Dempster-Main Overlay oH - Hospital Overlay oRD - Redevelopment Overlay oWE- West Evanston Overlay Zoning Districts B1 - Business B1a - Business B2 - Business B3 - Business C1 - Commercial C1a - Commercial Mixed-Use C2 - Commercial D1 - Downtown Fringe D2 - Downtown Retail Core D3 - Downtown Core Development D4 - Downtown Transition I1 - Industrial / Office I2 - General Industrial I3 - General Industrial MUE - Transitional Manufacturing-Employment MXE - Mixed Use Employment O1 - Office OS - Open Space R1 - Single-Family Residential R2 - Single-Family Residential R3 - Two-Family Residential R4 - General Residential R4a - General Residential R5 - General Residential R6 - General Residential RP - Research Park T1 - Transitional Campus T2 - Transitional Campus U1 - University Housing U1a - University Housing and Parking U2 - University Athletic Facilities U3 - University Lakefront Campus WE1 - West Evanston Transitional February 7, 2019 0 0.1 0.20.05 mi 0 0.2 0.40.1 km 1:8,000 This map is not a plat of survey. This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information.Copyright 2018 City of Evanston842 of 921 DRAFT- NOT APPROVED Page 1 of 8 Plan Commission Minutes 2/13/19 MEETING MINUTES PLAN COMMISSION Wednesday, February 13, 2019 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, James C. Lytle Council Chambers Members Present: Colby Lewis (Chair), Jennifer Draper, Terri Dubin, Carol Goddard, George Halik, Andrew Pigozzi Members Absent: Peter Isaac Staff Present: Meagan Jones, Neighborhood and Land Use Planner Scott Mangum, Planning and Zoning Manager Hugh Dubose, Assistant City Attorney Presiding Member: Colby Lewis, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Lewis called the meeting to order at 7:00 P.M. 2. APPROVAL OF MEETING MINUTES: January 9, 2019 Commissioner Pigozzi made a motion to approve the minutes, seconded by Commissioner Goddard. The Commission voted unanimously, 6-0, to approve the minutes of January 9, 2019. 3. NEW BUSINESS Chair Lewis suggested that, due to two planned development projects being on the agenda, the proposed text amendment be moved from the first agenda item to the last. There were no objections from the Commission. A. Text Amendment Ground Floor Uses in the Central Street Overlay District 19PLND-0010 A Zoning Ordinance Text Amendment pursuant to City Code Title 6, Zoning, to Section 6-15-14-7 of the Zoning Ordinance, to revise the regulations of the oCSC Central Street Overlay District regarding active ground floor uses. Mr. Mangum provided a brief overview of the proposed text amendment and alerted the Commission that the amendment is being brought forward due to a Special Use 843 of 921 DRAFT- NOT APPROVED Page 2 of 8 Plan Commission Minutes 2/13/19 recently filed regarding banquet halls in the oCSC Zoning District. Chair Lewis clarified that the proposed amendment would bring the overlay regulations more in line with base zoning and that the changes only apply to ground floor uses. Mr. Mangum confirmed that this is the case. There were no questions or comments from the public. The standards for approval were then reviewed. Commissioner Halik made a motion to recommend approval of the proposed text amendment as presented by staff. Commissioner Pigozzi seconded the motion. A roll call vote was taken and the motion passed, 6-0. Ayes: Draper, Dubin, Goddard, Halik, Pigozzi, Lewis Nays: B. Planned Development 2425 Oakton Street 18PLND-0085 HPCW, LLC, the applicant, proposes to construct a car wash facility with 20 vacuum spaces and 4 parking spaces in the I1 Industrial District and oRD Redevelopment Overlay District. The applicant seeks a site development allowance for an accessory structure that is 3 ft. away from the principal structure where 10 ft. is required. In addition, the applicant may seek and the Plan Commission may consider Site Development Allowances as may be necessary or desirable for the proposed development. Ms. Jones provided and overview of the proposed project, briefly describing the site, listing the site development allowance and the proposed public benefit. Mark Daniels, attorney for the applicant, then spoke. Providing more detail on the proposed project and describing the ingress and egress on the site and how it relates to circulation within and around the site. He then added that the landscaping to the east of the ingress was tapered due to the adjacent business’s use of the driveway for trucks turning into that property. The landscaping will be phased for that reason. Mr. Daniels then addressed the site development allowance, stating that there is the ability to attach the canopy, however, there is concern regarding the wind load and possible damage to building. The preference is to keep the canopy detached. He added that the detention area is on the north extension of the property adjacent to detention for the Home Depot property and water collection concerns at the exit are addressed by additional turns needed after exiting the car wash building. He then added that the owner intends to recycle water inside the car wash and the bicycle rack has been relocated closer to the street. The existing powerline will be relocated. Chair Lewis opened up the hearing to questions from the Commission. 844 of 921 DRAFT- NOT APPROVED Page 3 of 8 Plan Commission Minutes 2/13/19 ● Commissioner Halik inquired about where the existing traffic signal will be relocated to and if it will be in conflict with the existing driveways. He then asked how the owner proposes to prevent left turns in and out of the site. Mr. Daniel and Mr. Jeff Miller of Watermark Engineering responded that the traffic signals will be combined to have a mast arm and be just south of the existing location. KLOA has been involved with the planning of the intersection for previous projects and no conflicts are anticipated. Signage will be installed to address left turns and the site configuration will slow traffic within the site. ● Commissioner Goddard asked why the vacuum canopy would not be connected to the building. Mr. Daniel stated there was concern of wind load and possible damage to the car wash building. It would also be easier to maintain the vacuums with the canopy detached. ● Chair Lewis asked if there is a power line easement. Mr. Daniel stated that there is an easement but there should be no issue if it needs to be adjusted. The power line is a regional line that cannot be adjusted too much. Chair Lewis then asked how water recycling will work. Mr. Daniel stated that tanks store, cleanse and filter the used water then return it into the system. Chair Lewis then opened up the public hearing to questions and comments from the public. 2 people spoke with the following concerns: ● Michael Bonaguro, resident and attorney representing the owners of the Shell Station south of the site voiced concerns over access to the nearby parks with large amount of traffic that they see in addition to the Sports Dome. He also stated that the right-in only is going to cause a delay and more research should be done on the potential abuse of other driveways in the vicinity of the site. He added that the additional taxes from the site will not be enough of a benefit to Evanston. ● Dilshad Lakhani, owner of the Shell Station south of the site, stated that she was opposed to the proposed project due to existing congestion that may lead to people shopping elsewhere. There would be no revenue coming in from the proposed use. Mark Daniel responded, saying that there is a benefit to the project and that the use is a service that has increased in numbers due to convenience. He clarified that there are 4 lanes of traffic on Oakton St. at this location, not 2 lanes, and the taper to 2 lanes occurs east of the site. He added that the proposal will largely take from existing traffic instead of creating additional traffic and that KLOA has included other uses in their study. He stated that the site is not likely to be a regular retail use. Chair Lewis alerted the public present that a written request for a continuance can be requested. Mr. Bonaguro stated that the submitted traffic study is a concern and that he and his clients would like to gather additional traffic information from property owners and actual parking numbers. They would also be disputing the stated amount of traffic coming from the south onto Oakton Street 845 of 921 DRAFT- NOT APPROVED Page 4 of 8 Plan Commission Minutes 2/13/19 Mr. Bonaguro submitted a written request for a continuance which was accepted. The public hearing was continued to the March 13, 2019 Plan Commission meeting. C. Planned Development 910-938 Custer Avenue 18PLND-0100 Kevin Lee, property owner, proposes to construct 40 single family attached townhomes in five standalone buildings with 2 enclosed parking spaces per dwelling unit. The applicant requests a Map Amendment to rezone the property from the MUE Transitional Manufacturing-Employment District to the MXE Mixed-Use Employment District. The applicant requests a special use for a Planned Development with Site Development Allowances for: 1) 40 dwelling units where 32 dwelling units are allowed; 2) 44.2 ft. and 4 stories in height where 41 ft. and 3 stories is allowed; 3) 5 ft. west rear yard setback where 15 ft. is required; 4) townhouse orientation facing interior and side yards where townhouse orientation must face the street; 5) 7 ft. front yard, 2ft. south interior side yard, and 1ft. west rear yard setbacks for balconies where a 9 ft. front yard setback is required, 4.5 ft. south interior side yard setback is required, and a 13.5 ft. west rear yard setback is required for balconies; and 6) 5' ft.-10 ft. landscape strip along the south and west property boundaries where a 25 ft. wide landscape strip is required. In addition, the applicant may seek and the Plan Commission may consider additional Site Development Allowances as may be necessary or desirable for the proposed development. Ms. Klotz provided and overview of the project, describing the site listing the requested site development allowances and proposed public benefits. She also stated that the applicant intends to seek TIF funding, though that is not under the purview of the Plan Commission. Mr. Bill Rotolo, TWM Consulting, introduced the development team then Mr. Mike Cook, Cook Engineering Group, provided more details on the project describing existing conditions, the proposed layout of the site emergency access, and the proposed turnaround at the north end of the site. He added that they will be meeting MWRD requirements and be providing an underground stormwater system and permeable pavers. Mr. Doug Wirth, architect, reviewed the building design and materials. He added that there are two unit types and solar arrays on the roof of each unit. Mr. Craig Burton stated that energy modeling had been done for energy efficiency of the site and net zero guidelines were followed. Mr. Gary Lehman provided information on the landscaping, describing the proposed roof 846 of 921 DRAFT- NOT APPROVED Page 5 of 8 Plan Commission Minutes 2/13/19 gardens, some private gardens and landscaping proposed along the CTA embankment. A monument sign is proposed at the southeast corner of the site. One of the public benefits includes this landscaping along with a planting proposal at the park along the embankment near the Main Street CTA station and a possible mural. Mr. Javier Milan of Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA) stated that traffic counts were taken on November 8, 2018 at the Main/Custer, Sherman/Main, Custer/public alley intersections, Sherman/Parking Lot 31 drive aisle and the drive leading to Evanston Lumber Yard. All operate at acceptable levels of service. There was suggestion of possibly removing 1 or 2 spaces on Main in order to provide better site lines at the intersection. Since 12 new parking spaces are proposed on Custer Ave., there would still be an overall gain in on-street parking. Mr. Rotolo stated that a market exists for this use as it is not provided in large numbers in Evanston. The typical buyer is mid 40’s to mid-50’s in age with children, if they have them, in high school or older. The prices will range from high $600,000 to high $700,000 with a good amount of living space. He then reviewed the proposed public benefits. Chair Lewis then opened up the public hearing to questions from the Commission. These questions included the following: ● Commissioner Pigozzi stated that the intersection near the site is difficult to navigate and inquired about the existing lot at Evanston Lumber having alley access. Mr. Milan stated that, per staff request, signage would be provided to discourage cutting through the parking lot on the opposite side of the alley off of Sherman Ave. ● Commissioner Pigozzi then stated that nearby Lincoln School is overcrowded and even though it is not under the purview of the Commission, he wondered if possible negative effects of TIF on the school had been considered. Mr. Rotolo stated that the proposed use does not generate many school aged children. There may be language within the redevelopment agreement to divert money to the school district. ● Commissioner Goddard asked if a signalized/countdown timer may be necessary at the intersection. ● Commissioner Dubin asked for clarification regarding green roof vs. roof garden. Mr. Lehman explained that there will be a shallow tray system installed with a limited load so what is proposed is a green roof. Ms. Draper asked for clarification on access to that use. Mr. Wirth described the roof top deck that would provide access to the green roof. ● Chair Lewis asked what would be required a front yard. Ms. Klotz responded that the setback of the property is along Custer Ave and is different from what the developers are referring to in front of each unit. Mr. Rotolo added that the fee simple may be adjusted to include areas in front of the home. Covenants will prohibit certain changes. ● Chair Lewis asked if a market study was done. Mr. Rotolo responded yes and 847 of 921 DRAFT- NOT APPROVED Page 6 of 8 Plan Commission Minutes 2/13/19 that the demand is high. Sales operations will occur during construction, space on Main St. may be rented for this purpose. Construction will begin without presales. Chair Lewis opened up the public hearing to questions from the public. A total of 7 people spoke, including the following: ● Ashaf Manji, resident, stated that he liked the idea of rezoning and that the area will likely become residential. He added that the Commission should consider the proposed concessions. ● Stan Eastman, resident, asked if Evanston Lumber will continue to operate. Mr. Rotolo responded that Evanston Lumber will continue to operate and the proposed development will not take over the site. ● Hilly Hacker, resident, asked if intergenerational homes had been considered. Mr. Rotolo responded that this was not considered and that type of use may not fit with zoning requirements. The layout of the homes somewhat address that. ● Martin Renke inquired about concrete in the alley and who will cover the cost of moving utilities. Mr. Rotolo stated that the cost will be covered by the developer and some utilities will have to be buried. ● Ellyn Frank Miller, resident, asked if cars have access to Custer Ave. Mr. Milan stated that residents will utilize the alley. Mr. Milan stated emergency vehicles can also use Custer Ave for access. Ms. Frank Miller then asked if there was any effect to parking on Main Street by the alley widening and if a 4-way stop may be proposed at Custer Ave. and Main St. Mr. Milan responded that additional signage could be looked at and evaluated and removing a parking space on Main St. could also be considered. A 4-way stop would be a last resort. ● Jeff Silver, resident, voiced concerns regarding the variances needed, adding that the proposed building height is 50% taller than existing surrounding structures. He then asked if the developer intended to pave the entire alley to which Mr. Rotolo responded that the portions of the alley adjacent to the site will be paved. ● Robert Fisher, Evanston Lumber, asked if there are any provisions for construction parking and if there is enough room in the alley for two-way traffic. Mr. Rotolo responded that general conversations have occurred with staff regarding parking and that the alley can accommodate two-way traffic. Chair Lewis then asked for public testimony. A total of 7 people spoke including the following: ● Mr. Eastman stated that the site is not appropriate for the proposed use and he strongly urges the Commission to not grant additional development allowance. He added that the nearby intersection is dangerous and residents will likely drive through the parking lot on Sherman Ave. He also stated that the proposed building does not fit into the neighborhood. ● Ms. Hacker asked why the development does not stick to zoning regulations and that stated that the area will be tremendously affected by additional traffic. 848 of 921 DRAFT- NOT APPROVED Page 7 of 8 Plan Commission Minutes 2/13/19 ● Mr. Renke stated that the location offers a great chance to build something that takes advantage of transit. He suggested that the project could remove some parking and reduce the building height and added that the alley is still too narrow. ● Ms. Frank Miller expressed excitement to see development at the site but concern about traffic, specifically through the parking lot and that staff should address that issue. ● David Adams, resident, asked why the homes are 4 stories and if there are any provisions compensating those affected by the development. Nichols school could be affected, He stated that he has concerns with the nearby intersection and possible bottleneck that could occur. He added that it would be nice to shrink the homes down. ● Mr. Silver stated that he loves the idea but shares the same objections expressed previously. The development should follow existing zoning and setbacks. Encourages denial of the project as is and encourages revisions. ● Mr. Fisher expressed excitement about redevelopment and emphasized that Custer Ave. is the lifeblood of Evanston Lumber and that the Main St. /Custer Ave. intersection is a nightmare. He challenged the applicant to conduct a traffic study in the summer during the busy season. Chair Lewis closed the public hearing and the Commission began its deliberations. Commissioner Halik stated that it is difficult to build affordable housing and he sees prospective purchasers as young families. He expressed that the interior spaces are too efficient. Commissioner Halik continued saying height is not an issue adding that the request is not much higher than the requirement. He also mentioned that there are a variety of architectural styles in the area. Chair Lewis asked for clarification on the requirements versus what is requested. Ms. Klotz responded that 44.2 ft. height is requested where 41 ft. is allowed. Commissioner Dubin stated that it is tough to see changes but that this type of housing is needed in Evanston. Commissioner Draper stated that generally, the project is an improvement. The space will be broken up with courtyards but she would like to see more attention paid to the façade facing Custer Ave. She also recommended that net-zero standards be met. Chair Lewis stated that the development is being sold as a transit oriented development and that it is trying to be both convenient and provide more parking. He expressed concern of delivery traffic to Evanston Lumber and that the proposed turnaround could be larger. The Commission then reviewed the standards for approval of Map Amendment, Special Use and Planned Development Guidelines for the proposed development. 849 of 921 DRAFT- NOT APPROVED Page 8 of 8 Plan Commission Minutes 2/13/19 Commissioner Goddard suggested that a parking space be taken out on Main St. to increase visibility. Commissioner Halik suggested that additional façade consideration be added to make the blank areas friendlier. Commissioner Goddard made a motion to recommend approval of the map amendment, planned development and conditions as presented by staff with the added conditions of the removal of two parking spaces on Main St. and that the applicant continues to work with staff on the facade of the building. Commissioner Draper seconded the motion. A roll call vote was taken and the motion passed, 6-0. Ayes: Draper, Dubin, Goddard, Halik, Lewis, Pigozzi Nays: 4. PUBLIC COMMENT There was no public comment. 5. ADJOURNMENT Commissioner Pigozzi made a motion to adjourn the meeting. Commissioner Dubin seconded the motion. A voice vote was taken and the motion was approved by voice vote 6-0. The meeting was adjourned at 10:32 pm. Respectfully Submitted, Meagan Jones Neighborhood and Land Use Planner Community Development Department 850 of 921 For City Council meeting of April 8, 2019 Item P2 Ordinance 30-O-19, Planned Development at 2425 Oakton St. For Introduction and Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Johanna Leonard, Community Development Director Scott Mangum, Planning & Zoning Manager Meagan Jones, Neighborhood and Land Use Planner Subject: Ordinance 30-O-19 Planned Development, 2425 Oakton St., 18PLND-0085 Date: March 28, 2019 Recommended Action: The Plan Commission and staff recommend adoption of Ordinance 30-O-19 for approval of a Planned Development for a car wash facility with 20 vacuum spaces and 4 parking spaces in the I1 Industrial District and oRD Redevelopment Overlay District. The applicant is seeking one site development allowance for an accessory structure that is 3 ft. from the principal structure where 10 ft. is required. Alderman Fleming requests suspension of the rules for Introduction and Action of Ordinance 30-O-19 at the April 8, 2019 City Council meeting. Livability Benefits: Built Environment: Provide compact and complete streets and neighborhoods. Economy & Jobs: Retain and Expand Local Businesses. Background The applicant proposes to construct a 4,900 square foot car wash building with 20 vacuum spaces housed under 2 separate canopies. An additional 4 parking spaces will be uncovered towards the rear of the lot. Uses surrounding the property include the Philip Lochman & Co. manufacturing building, a Steak ‘n Shake restaurant, and entry into the Home Depot parking lot to the east; Home Depot, North Shore Towing & Wrecking, Evanston Organics and Ozinga ready Mix to the north; Dammrich Rowing Center and North Shore Towing to the west; and Shell Gas Station, Gordon Food Service (GFS), Quad Indoor Sports Dome, and CubeSmart Self Storage to the south. Site Layout The current property is an irregular shaped lot with a rectangular base and triangular portion on the north end with approximately 180 feet of frontage along Oakton St. and a Memorandum 851 of 921 total lot size of 47,679 sq. ft. The property is currently vacant and was previously owned by the Salvation Army. The development is proposing right-turn in, right-turn out ingress and egress points. Once a vehicle has turned into the lot at the easternmost curb-cut, the customer has the option to go straight into the carwash stacking lanes or turn slightly left and drive further into the lot to access the vacuum spaces. The car wash stacking lanes run along the east side of the property and wrap around the rear of the property in a counter- clockwise motion to enter the one-story car wash building. There are approximately 25 stacking spaces for this use. Vehicles will exit the building at the southwest corner of the site and will either proceed onto Oakton Street in the right-turn only westernmost drive or turn left to proceed into the vacuum spaces. Vehicles entering for the vacuum spaces follow a path parallel to the carwash lanes and turn into one of the 20 canopied vacuum spaces, 10 to the east, and 10 to the west. They then make take the same exit path as car wash customers. The trash enclosure is located in the rear portion of the lot and is accessible through a striped by-pass lane and access drive that cuts through the rear of the proposed vacuum space area. A diagram is included in the development plans showing how garbage trucks will maneuver within the site. Proposed Site Plan: 852 of 921 The streetscape will be improved with an ADA compliant sidewalk and landscaping that will include shrubs and groundcover on the property. An existing tree within the parkway will be preserved. An existing traffic signal near the east end of the property will be relocated in order to accommodate the curb-cut for the right-in only ingress driveway. A crosswalk will be striped to cross Oakton Street. A new public bicycle rack will be provided at the south end of the development near the building exit. Compliance with the Zoning Ordinance Planned Development: The applicant requests approval of a Planned Development for a one-story car wash facility with 20 vacuum spaces and 4 parking spaces. The applicant requests approval of one Site Development Allowance: ● Construction of an accessory structure that is 3 ft. from the principal structure where 10 ft. is required. The requested Site Development Allowance is an eligible allowance listed in the Zoning Ordinance. Parking and Traffic The property is located near the City’s western limits and is located on CTA’s Route 97 bus route. Based on the City’s parking requirement, 7 stacked vehicle spaces are required. The development proposes a total of 24 parking spaces (including 2 ADA parking spaces) and 25 stacking spaces, which is in compliance with the parking requirement. The applicant submitted a Traffic Impact Study (prepared by Kenig, Lindgren, O’Hara & Aboona, Inc., or KLOA) that analyzes the anticipated traffic impact the development will have on the area. The traffic study also analyzes the internal circulation of the site as well as the right-in, right-out ingress and egress that is proposed for the site. The volume of traffic estimated to be generated from the new use was estimated based on similar existing uses and the Institute of Transportation Engineers’ Trip Generation Manual. The study noted that not all of the traffic generated by the proposed car wash would be new but would also be trips diverted from the existing traffic on the road. This, therefore, will likely decrease the number of new trips generated by the car wash as opposed to a different retail use that may be the sole specific destination for customers. A new sidewalk will be installed and a bike rack will be provided along Oakton Street. The traffic study concludes that the existing street network will be able to accommodate the increased traffic volumes and no capacity improvements or modifications for vehicular traffic are needed or suggested. The current signalized intersection operates at a high Level of Service (LOS), level A, during peak hours and is projected to maintain this level of service with the addition of the carwash use. The right-out only turning lane on to Oakton Street will be under stop sign control and is projected to operate at an 853 of 921 LOS B during peak hours. The traffic study does recommend that, after 6 months to one year, a study be conducted on the operation of the car wash and the inbound access drive to determine if inbound left-turn movement would be appropriate and how that may impact the operation of the Oakton Street intersection with the inbound access drive and private access road south of Oakton Street. City staff also recommended that circulation patterns be revisited, and any necessary revisions to the site or access points be implemented, should traffic become an issue at the site in the future. Public Benefits The applicant will provide a $5,000 contribution towards improving a CTA bus stop near the project site on Oakton Street as a public benefit of the project. Conditions In addition to the stated public benefits, the applicant agrees to the following conditions: 1. Development and operation of the Planned Development shall be in substantial compliance with the documents on file, testimony, and representations made throughout the Planned Development process. 2. A Construction Management Plan is required prior to issuance of a building permit. 3. Any material change in the use of the building must be approved as an amendment to the Planned Development. 4. The applicant is responsible for any needed intersection improvements due to the project including the relocation of existing traffic signals and coordinating the signal timing. 5. The applicant shall provide a one-time $5,000 contribution to be used for improvements to a CTA bus stop in the vicinity of the proposed development. 6. The applicant agrees to contract with a traffic consultant to study circulation patterns and make necessary revisions to the site plan and/or access points if the City identifies traffic issues with the development at any time in the future. Standards of Approval The proposed development must satisfy the Standards for Special Use in Section 6-3-5- 10, the Standard for Planned Development in Section 6-3-6-9 and Standards and Guidelines Established for Planned Developments in the I1 Industrial/Office District (Section 6-14-1-10). Staff and the Plan Commission find that the proposed development meets all Standards for approval: Standards for Special Use (Section 6-3-5-10): A Planned Development is listed as a special use in the I1 Industrial/Office district. The proposed development follows the purposes and policies outlined in the Comprehensive Plan and the Zoning Ordinance. The proposed development will not cause a negative cumulative effect when considered in conjunction with other special uses in the area. Surrounding uses include big box retailers, light industrial uses, a drive through food establishment, and a gas station. 854 of 921 The proposal can be adequately served by public facility infrastructure already available. The street and sidewalk network, public transportation, as well as water, sewer, electricity, and gas infrastructure already exist in the area. Any necessary modifications to infrastructure, including the relocation of an existing traffic signal, shall be approved through the permit process as appropriate. The applicant submitted a Traffic Impact Study that finds there will be minimal effect to the level of service on existing surrounding roadways. Additionally, the applicant agrees to relocate an existing traffic signal and provide new crosswalks at the existing intersection near the site. Staff will require that the applicant be responsible for coordinating the signal timing at the intersection. Finally, the proposal meets all zoning requirements other than the Site Development Allowance requested. Standards and Guidelines for Planned Developments in I1 District (Sections 6-3-6-9 and 6-14-1-10): The proposed Planned Development complies with the purpose and the intent of the Comprehensive General Plan and the Zoning Ordinance. The business is a commercial use that is a compatible land use with surrounding properties. Additionally, the proposal enhances the existing streetscape by developing a lot that is currently vacant and fenced off adding landscaping and a continuous sidewalk to adjacent properties. The proposal is consistent with the vision and goals of the Comprehensive Plan for redevelopment of underutilized properties as well as the Plan’s objective to maintain the appealing character of Evanston’s neighborhoods while guiding change and promoting the growth and redevelopment of business, commercial, and industrial areas. Legislative History March 13, 2019 – The Plan Commission recommended approval 4-0 of the proposed development including the Site Development Allowance and conditions listed in the staff memos dated February 7, 2019 and March 8, 2019. February 13, 2019 – The Plan Commission opened the public hearing and heard testimony by the applicant and the general public. There was significant discussion surrounding possible vehicle traffic created and circulation near the site. At the request of a nearby property owner, the hearing was continued to March 13, 2019. February 6, 2019 – The Design & Project Review Committee (DAPR) reviewed the proposed development and provided comments and suggestions to the applicant. Significant discussion centered on recycling water at the site and review of the traffic pattern near the site. The applicant stated intention to work with staff on these items as well as the proposed site development allowance should it not be approved. The Committee recommended unanimous approval of the proposed planned development with the condition that traffic near the site be reviewed should concerns arise in the future. 855 of 921 Attachments Proposed Ordinance 30-O19 Link to Plan Commission Packet of March 13, 2019 Link to Plan Commission Packet of February 13, 2019 (Planned Development Submittal, beginning pg.22) Plan Commission Draft Meeting Minutes of March 13, 2019 Plan Commission Meeting Minutes of February 13, 2019 856 of 921 3/27/2019 4/4/2019 30-O-19 AN ORDINANCE Granting a Special Use Permit for a Planned Development at 2425 Oakton Street WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt ordinances and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164); and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1, et seq.) grants each municipality the power to establish zoning regulations; and WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 1979, as amended, (“the Zoning Ordinance”); and WHEREAS, HPCW LLC (the “Applicant,”), developer of the property located at 2425 Oakton Street, Evanston, Illinois (the “Subject Property”), legally 857 of 921 described in Exhibit A, which is attached hereto and incorporated herein by reference, applied, pursuant to the provisions of the Zoning Ordinance, specifically Section 6-3-5, “Special Uses”, Section 6-3-6, “Planned Developments”, and Subsection 6-14-1-10, “Planned Developments” in Industrial Zoning Districts, to permit the construction and operation of a Planned Development at the Subject Property in the I1 Industrial Zoning District (“I1 District”) and the oRD Redevelopment Overlay Zoning District (“oRD District”); and WHEREAS, the Subject Property is located in the oRD District. Pursuant to Subsection 6-15-13-5, “Any person requesting a building permit [in the oRD District] involving construction of a new building or structure shall be required to submit an application for a planned development in accordance with the procedures set forth in Section 6-3-6.” Additionally, at the time of application Subsection 6-15-13-7 designated “any use listed as permitted or special in the underlying base zoning district” as a permitted use in the oRD District; and WHEREAS, the Applicant seeks approval to construct a car wash facility with 20 vacuum spaces, and 4 additional parking spaces on the Subject Property; and WHEREAS, construction of the Planned Development, as proposed in the application, requires exception from the strict application of the Zoning Ordinance for an accessory structure that is three (3) feet from the principal structure where ten (10) feet is required, in the I1 Industrial District and oRD Redevelopment Overlay District; and WHEREAS, pursuant to Subsection 6-3-6-5 of the Zoning Ordinance, the City Council may grant Site Development Allowances to the normal district regulations established in the Zoning Ordinance; and 858 of 921 WHEREAS, on February 13, 2019, and March 13, 2019, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.) and the Zoning Ordinance, the Plan Commission held public hearings on the application for a Special Use Permit for a Planned Development, case no. 18PLND-0085, heard extensive testimony and public comment, received other evidence, and made written minutes, findings, and recommendations; and WHEREAS, the Plan Commission’s written findings state that the application for the proposed Planned Development meets applicable standards set forth for Special Uses in Subsection 6-3-5-10 of the Zoning Ordinance and Planned Developments in the I1 District; and WHEREAS, the Plan Commission recommended the City Council approve the application with conditions; and WHEREAS, on April 8, 2019, the Planning and Development (“P&D”) Committee of the City Council held a meeting, in compliance with the provisions of the Open Meetings Act and the Zoning Ordinance, received input from the public, carefully considered and adopted the findings and recommendations of the Plan Commission, and recommended approval thereof by the City Council; and WHEREAS, at its meeting on April 8, 2019, held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council considered the recommendation of the P&D Committee, the Applicant application, received additional public comment, made certain findings, and adopted said recommendation; and WHEREAS, it is well-settled law that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of 859 of 921 Deerfield, 213 Ill.App.3d 747 (1991)) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124 (7th Cir. 1995)), NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as facts and incorporated herein by reference. SECTION 2: Pursuant to the terms and conditions of this ordinance, the City Council hereby grants the Special Use Permit applied for in case no. 18PLND- 0085, to allow construction and operation of the Planned Development described herein. SECTION 3: The City Council hereby grants the following Site Development Allowance: (A) Accessory Structure: A Site Development Allowance is hereby granted for an accessory structure that is three (3) feet from the principal structure where ten (10) feet is required, in the I1 Industrial District and oRD Redevelopment Overlay District. SECTION 4: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council imposes the following conditions on the Special Use Permit granted hereby, which may be amended by future ordinance(s), and violation of any of which shall constitute grounds for penalties or revocation of said Special Use Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A) Compliance with Applicable Requirements: The Applicant shall develop and operate the Planned Development authorized by the terms of this ordinance in substantial compliance with: the terms of this ordinance; the Site and Landsca pe Plans in Exhibits B and C, attached hereto and incorporated herein by reference; all applicable legislation; the Applicant’s testimony and representations to the Design and Project Review Committee, the Plan Commission, the P&D Committee, and the City Council; and the approved documents on file in this case. 860 of 921 (B) Construction Management Plan: The Applicant shall sign and agree to a Construction Management Plan (CMP) with the City of Evanston prior to issuance of the Building Permit. The CMP shall include but is not limited to the following: construction phasing/staging plans; construction hours; site access including traffic and pedestrian safety plans; contractor parking; damage control and vibration monitoring; construction exhibits; project communication and signage. (C) Traffic Light: The Applicant is responsible for all intersection improvements due to the project, including relocating existing traffic signals and coordinating the signal timing. The Applicant’s responsibilities will include all intersection improvement costs including, but not limited to, design, any required construction, installations, materials, testing of the relocated traffic signals, and all labor costs. The Applicant will coordinate with the City on all improvements prior to making any changes to the intersection. (D) Bus Stop Improvement: The Applicant shall provide a one-time contribution of five thousand dollars ($5,000) to be used for improvements to a CTA bus stop in the vicinity of the proposed development. (E) Continued Traffic Study: The Applicant agrees to contract with a traffic consultant to study circulation patterns and make necessary revisions to the site plan and/or access points if the City identifies traffic issues with the development at any time in the future. (F) Changes in Building Use: Any material changes in the use of the building on the Subject Property must be approved as an amendment to this Planned Development in accordance with Subsection 6-3-6-12 of the Zoning Ordinance. (G) Recordation: Pursuant to Subsection 6-3-6-10 of the Zoning Ordinance, the Applicant shall, at its cost, record a certified copy of this ordinance, including all exhibits attached hereto, with the Cook County Recorder of Deeds, and provide proof of such recordation to the City, before the City may issue any permits pursuant to the Planned Development authorized by the terms of this ordinance. SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s tenants, agents, assigns, and successors in interest.” SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 861 of 921 SECTION 7: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. To the extent that the terms and provisions of any of said documents conflict with the terms herein, this ordinance shall govern and control. SECTION 8: All ordinances or parts of ordinances that are in conflict with the terms of this ordinance are hereby repealed. SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 10: The findings and recitals herein are hereby declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2019 Adopted:___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _____________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 862 of 921 EXHIBIT A Legal Description THAT PART OF LOT 'A' IN OAKTON CONSOLIDATION IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTH WESTERLY CORNER OF SAID LOT BEING 81 FEET EAST OF THE WEST LINE AND 33 FEET NORTH OF THE SOUTH LINE OF SAID SOUTHWEST 1/4 (AS MEASURED PARALLEL TO SAID SECTIONAL LINES), THENCE EAST ALONG THE SOUTH LINE OF SAID LOT, A DISTANCE OF 179 FEET TO A CORNER OF SAID LOT; THENCE NORTHERLY ALONG AN EASTERLY BOUNDARY LINE OF SAID LOT, AND ITS EXTENSION NORTHERLY 233 FEET; THENCE WEST PARALLEL TO THE SAID SOUTH LINE OF SAID LOT, 111 FEET; THENCE NORTHERLY PARALLEL TO THE MOST WESTERLY LINE OF SAID LOT, 172 FEET TO A POINT IN THE NORTH WESTERLY LINE OF SAID LOT, BEING ALSO THE SOUTH EASTERLY LINE OF THE CHICAGO, AND NORTH WESTERN RAILROAD; THENCE SOUTH WESTERLY ALONG SAID LINE 181.85 FEET TO THE SAID MOST WESTERLY LINE OF SAID LOT; THENCE SOUTHERLY ALONG SAID LINE 239.80 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PINs: 10-24-310-046-0000 COMMONLY KNOWN AS: 2425 Oakton Street, Evanston, IL 863 of 921 EXHIBIT B Development Plans 864 of 921 865 of 921 866 of 921 867 of 921 Free VacuumPROPOSED SOUTH ELEVATIONSCALE: 3/32" = 1'-o"2FACE BRICKSMODULAR SIZESTUCCOMETAL CANOPYSTONE CUT FINISHSIGN BOARDTYPICAL 1" DEEP NICKEXTERIOR DECORATIVELIGHTVACUUMMETAL ROOFSTONE CUT FINISHSTUCCOMETAL CANOPYTYPICAL 1" DEEP NICKEXTERIOR DECORATIVE LIGHTVACUUMMETAL ROOFNEIGHBOR COMMERCIAL BUILDINGPROPOSED NORTH ELEVATIONSCALE: 3/32" = 1'-o"1NEIGHBOR COMMERCIAL BUILDING 2'-O"1O'-O"9'-4"2'-8"5'-O"EvanstonCarwashExitEntrancePAY STATIONFree VacuumFree VacuumFree Vacuum13'-0" 13'-0" 21'-4"7'-8" 2'-0"2'-8"5'-0"10'-0"9'-4" 21'-4"7'-8" 29'-6" 29'-6"FACE BRICKSMODULAR SIZE24252425NOTE:THE FONT, COLOR AND SIZE OF EXTERIOR SIGNAGE SHOULD BE PROVIDED BY SIGN CONTRACTORAND LATER WE WILL INCORPORATE ON THIS PROPOSED ELEVATION DRAWING.BRICK SPECIFICATION SHEET3AS SHOWNA3OO1-O11137L ICESEARCSTTAOFI LL I N O NHIS DITECTEGEORGE WSIMOULISPROPOSED ELEVATIONSALL DESIGN DEVELOPERSCORPORATION27o4 West Peterson Avenue, Chicago, IL 6o659office: 773 381 73oo; cell: 773 297 19382425 OAKTON STREETEVANSTON, IL 6o2o2DRAWN BYMay 2o18DATEISSUEDPROPOSALREVISIONREVISIONOWNER:MR. ROBERT STAMBOLICMANHATTANDEVELOPMENT GROUPDRG.NO.SCALE:SITE ADDRESS:Sheet Description:ARCHITECT:GEORGE SIMOULIS7555 N.KEELER, SKOKIE, IL 6OO7607/25/2018868 of 921 PROPOSED EAST ELEVATIONSCALE: 3/32" = 1'-o"1FACE BRICKS MODULAR SIZEMETAL ROOFSTONE CUT FINISHSTUCCOFACE BRICKS MODULAR SIZEMETAL ROOFSTONE CUT FINISHSTUCCOPROPOSED WEST ELEVATIONSCALE: 3/32" = 1'-o"2OVERHEAD SECURITYSCREEN SHUTTERVENDING MACHINESCarwashFree Vacuums$3CarwashFree Vacuums$32'-0"8'-0"6'-4"2'-8"2'-4"2'-8"19'-0"5'-0" 2'-0"8'-0"6'-4"2'-8"2'-4"2'-8"5'-0" 19'-0"5'-0"5'-0" 29'-6" 29'-6"NOTE:THE FONT, COLOR AND SIZE OF EXTERIOR SIGNAGE SHOULD BE PROVIDED BY SIGN CONTRACTORAND LATER WE WILL INCORPORATE ON THIS PROPOSED ELEVATION DRAWING.AS SHOWNA4OO1-O11137L ICESEARCSTTAOFI LL I N O NHIS DITECTEGEORGE WSIMOULISPROPOSED ELEVATIONSALL DESIGN DEVELOPERSCORPORATION27o4 West Peterson Avenue, Chicago, IL 6o659office: 773 381 73oo; cell: 773 297 19382425 OAKTON STREETEVANSTON, IL 6o2o2DRAWN BYMay 2o18DATEISSUEDPROPOSALREVISIONREVISIONOWNER:MR. ROBERT STAMBOLICMANHATTANDEVELOPMENT GROUPDRG.NO.SCALE:SITE ADDRESS:Sheet Description:ARCHITECT:GEORGE SIMOULIS7555 N.KEELER, SKOKIE, IL 6OO7607/25/2018869 of 921 4,9OO SQ FTEXIT ENTRANCE CAR WASH BUILDING1'-0"1'-0"1'-0"LOADING LANEOFFICEEMPLOYEE'SRESTROOMEQUIPMENT ROOMTOWEL CLEANINGCOUNTERWASHDRYMOP SINKVEHICLE CONVEYORBELTWASH TUNNELELECTRICALPANELSTRANS-FORMERM.C.C.ELECTRICALPANELSCOKEVENDING MACHINESPROPOSED FLOOR PLAN 3/16"=1'-o"11234567ACGCWT1'-0"SNACKSFOOD DRINKCOMBO COKECORRELATOR ENSW1A-5A-52A-52A-51BROOF HATCH & LADDERTRENCH DRAINBELT2'-8"20'-4"2'-8"20'-4"2'-8"20'-2"2'-8"20'-2"2'-8"1'-2"8'-4"1'-2"8'-4"5'-0"8'-4"1'-2"8'-4"3'-10"23'-4"23'-0"22'-10"22'-10"22'-10"23'-2"140'-0"3'-4"8'-10"12'-0"4'-4"2'-8" 35'-0" 9'-2"23'-10"3'-10"8'-4"1'-2"8'-4"5'-0"8'-4"1'-2"8'-4"5'-0"8'-4"1'-2"8'-4"5'-0"8'-4"1'-2"8'-4"5'-0"8'-4"8'-4"1'-4"3'-10"20'-4"2'-8"23'-2"140'-0"22'-10"22'-10"22'-10"23'-0"23'-4"3'-10" 3'-4"8'-10"12'-0"7'-0"3'-10"35'-0"9'-2"23'-10"137'-0"113'-4"7'-4"15'-0"22'-2"114'-10"20'-0"8'-4" 23'-0" 8'-4"UTILITY ROOMCOMEDELEC.PANELSTELEPHONEWATERMETERGASMETERroll-downdoors isremoved3/16"=1'-o"A2oo1-o11137L ICESEARCSTTAOFI LL IN O NHIS DITECTEGEORGE WSIMOULISPROPOSED FLOOR PLANALL DESIGN DEVELOPERSCORPORATION27o4 West Peterson Avenue, Chicago, IL 6o659office: 773 381 73oo; cell: 773 297 19382425 OAKTON STREETEVANSTON, IL 6o2o2DRAWN BYMay 2o18DATEISSUEDPROPOSALREVISIONREVISIONOWNER:MR. ROBERT STAMBOLICMANHATTANDEVELOPMENT GROUPDRG.NO.SCALE:SITE ADDRESS:Sheet Description:ARCHITECT:GEORGE SIMOULIS7555 N.KEELER, SKOKIE, IL 6OO7607/25/2018870 of 921 GCWTPROPOSED FIRE EXTINGUISHERS, 3/16"=1'-o"1EXITS & EMERGENCY LIGHTS PLAN1) PULL... PULL THE PIN. THIS WILL ALSO BREAK THE TAMPERSEAL.2) AIM... AIM LOW, POINTING THE EXTINGUISHER NOZZLE (OR ITSHORN OR HOSE) AT THE BASE OF THE FIRE. ...3) SQUEEZE... SQUEEZE THE HANDLE TO RELEASE THEEXTINGUISHING AGENT.4) SWEEP... SWEEP FROM SIDE TO SIDE AT THE BASE OF THEFIRE UNTIL IT APPEARS TO BE OUT.FIREESTINGUISHERNOTE:All BUILDING shall be provided with portable fire extinguishersper NFPA #10 and the FirePrevention Code. Said extinguishers shallbe 2A10BC rated and be properly tagged and testedprior to installation.FIREExTINGUISHERFIREExTINGUISHERFIREExTINGUISHER1111projected tent stylesignage 6 feet abovefire extinguisher (typ)a3a3a3g5bg5bg5b5wp(unswitched)NOTES (EXIT/ EMERGENCY LIGHTING):1. ALL BATTERY PACK UNITS, NIGHT LIGHTS AND EXIT SIGNS TO BE UNSWITCHED ANDPROTECTED BY 15A/ 1P 'LOCK-ON' CIRCUITS BREAKERS (CHICAGO APPROVED).2. ALL EMERGENCY WIRING TO BE IN A SEPARATE RACEWAY SYSTEM INDEPENDENT OF OTHERLOAD CIRCUITS.3. MAXIMUM NUMBER OF CONNECTIONS PER CIRCUIT TO BE FIFTEEN (15).4. ALL UNIT BATTERIES TO BE MAINTAINED BY A COMPETENT PERSONNEL AND A READILYAVAILABLE LOG TO BE MAINTAINED AS PER CHICAGO CODE.BATTERY HOUSINGLIGHTSWITH HANGING LIGHTS)(MAY BE BACK-MOUNTED5" TO 16"9" TO 18"2 1/2" TO 9"OR RECESSED INTO CEILING(MAY BE TOPMOUNTED)LIGHTING TO BE9" INCANDESCENT3-3/4" 13-5/8"SCALE: N.T.S.SCALE: N.T.S.WESTERN LIGHTINGSL SERIESMEETS REQUIREMENTSOF UL 924, NFPA-1o1LIFE SAFETY, OSHA ANDTHE MUNICIPAL CODEOF forrest viewRELIABLE FIREEQUIPMENT COMPANYEMERGENCY LIGHTMEETS REQUIREMENTSOF NFPA-1o1 LIFESAFETY AND THE MUNICIPALCODE OF forrest viewEXIT SIGNEMERGENCY LIGHT3/16"=1'-o"FE-1oo1-o11137L ICESEARCSTTAOFI LL IN O NHIS DITECTEGEORGE WSIMOULISPROPOSED FIRE EXTIGUISHERS, ALL DESIGN DEVELOPERSCORPORATION27o4 West Peterson Avenue, Chicago, IL 6o659office: 773 381 73oo; cell: 773 297 19382425 OAKTON STREETEVANSTON, IL 6o2o2DRAWN BYMay 2o18DATEISSUEDPROPOSALREVISIONREVISIONOWNER:MR. ROBERT STAMBOLICMANHATTANDEVELOPMENT GROUPDRG.NO.SCALE:SITE ADDRESS:Sheet Description:ARCHITECT:GEORGE SIMOULIS7555 N.KEELER, SKOKIE, IL 6OO7607/25/2018EXITS & EMERGENCY LIGHTS PLAN871 of 921 EXHIBIT C Landscape Plans 872 of 921 873 of 921 874 of 921 DRAFT- NOT APPROVED Page 1 of 4 Plan Commission Minutes 3/13/19 MEETING MINUTES PLAN COMMISSION Wednesday, March 13, 2019 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, James C. Lytle Council Chambers Members Present: Colby Lewis (Chair), Terri Dubin, Carol Goddard, George Halik Members Absent: Jennifer Draper, Peter Isaac, Andrew Pigozzi Staff Present: Meagan Jones, Neighborhood and Land Use Planner Hugh Dubose, Assistant City Attorney Presiding Member: Colby Lewis, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Lewis called the meeting to order at 7:00 P.M. 2. APPROVAL OF MEETING MINUTES: February 13, 2019 Commissioner Halik made a correction to a statement reflected in the minutes. Chair Lewis then made a correction to a statement he made. Commissioner Goddard made a motion to approve the minutes, seconded by Commissioner Dubin. The Commission voted unanimously, 4-0, to approve the minutes of February 13, 2019 as amended. 3. NEW BUSINESS A. Planned Development 2425 Oakton Street 18PLND-0085 HPCW, LLC, the applicant, proposes to construct a car wash facility with 20 vacuum spaces and 4 parking spaces in the I1 Industrial District and oRD Redevelopment Overlay District. The applicant seeks a site development allowance for an accessory structure that is 3 ft. away from the principal structure where 10 ft. is required. In addition, the applicant may seek and the Plan Commission may consider Site Development Allowances as may be necessary or desirable for the proposed development. Ms. Jones provided a brief review of the proposed project, briefly describing the site and reiterating the site development allowance and the proposed public benefit. 875 of 921 DRAFT- NOT APPROVED Page 2 of 4 Plan Commission Minutes 3/13/19 Chair Lewis acknowledged the submission of a traffic count document (attached) from Mr. Michael Bonaguro, attorney for the gas station owners south of the project site, who submitted the request for a continuance at the previous meeting. He then invited the applicant to present any new information regarding the proposed project. Mr. Mark Daniel, attorney for the applicant, stated that traffic count document submitted seems to be in line with the traffic study submitted by the applicant and that they have no comments presently but the applicant would like to hear what Mr. Bonaguro will present. He added that there is a representative from KLOA, Mr. Michael Werthmann, who is available to respond to traffic related questions. Chair Lewis then opened public testimony and invited Mr. Bonaguro to speak. Mr. Bonaguro stated he was asked to appear by the proprietor of the Shell Station south of the site. He explained that he spoke with Bill Kendra, owner of Quad Indoor Sports Dome, who provided him with the submitted traffic counts earlier that day. He expressed concerns over the timing of the applicant’s traffic impact study, adding that although the Sports Dome had been open at the time of the study, it was slow to start and fully program so the study is, therefore, out of date. He requested that a more recent report be part of the Commission’s consideration. He added that Bill Kendra stated that it appears that staff and the developer have been thoughtful about the turn-in, turn-out for the site. Mr. Bonaguro continued, stating that there is a lot of eastbound traffic turning right and that there are many trucks which miss the asphalt facility having to turnaround, turning onto private property. A more up to date study might account for that traffic. Mr. Werthmann, who provided the counts submitted by Mr. Bonaguro, stated that a n earlier study had been conducted and that the 2018 counts are comparable to original study counts. He added that there is a high Level of Service (LOS) for the road which lends itself to additional property uses. Traffic follows a 90/10 rule where there may be a few vehicles that attempt to make left turns but that this largely will not occur. It is likely that if a driver is inconvenienced by the entrance, they will opt to go somewhere else. Chair Lewis opened up the hearing to questions and comments from the Commission. He then asked if there was a response from the applicant regarding the truck traffic and vehicle turnarounds. Mr. Werthmann responded that it is possible that it will occur; however, it is not a convenient maneuver and will likely not happen very often. Chair Lewis then pointed out that the counts on the traffic study, vehicle traffic per peak hour, and those submitted by Mr. Bonaguro, vehicle traffic per day, vary by unit. Mr. Werthmann stated that he looked at the breakdown of the daily vehicle traffic count and found that count to be similar to what was in the applicant’s traffic impact study. Mr. Daniel stated that Mr. Bonaguro had the ability to review the traffic study prior to the previous meeting and emphasized that the study is updated, dated January 4, 2019. He 876 of 921 DRAFT- NOT APPROVED Page 3 of 4 Plan Commission Minutes 3/13/19 also emphasized that the previous point made about inconvenience of different vehicle maneuvers is important to note. Mr. Bonaguro responded that what he submitted should not be seen as a complete study. He added that his clients are stating that traffic is a problem in the area and that should be taken into consideration. Commissioner Dubin stated that traffic counts do not address the possibility of vehicle turnarounds and that cannot be predicted from the information provided. Chair Lewis closed the public hearing and the Commission began its deliberations. Commissioner Halik stated that there is significant vehicle stacking space on the site and does not think that will be an issue. He added that there has been discussion on eastbound traffic possibly making left turns into the property and that there will be signage installed as a deterrent to that action. Those two items make him satisfied with the project that is presented. Chair Lewis stated that the proposed curb cuts will feed one business and inquired if the proposed use is more traffic generating than other possible uses that are permitted by the zoning code. Mr. Werthmann responded that it depends on the use; some businesses could generate more vehicle traffic, others less. Car washes are generally low traffic volume with the exception of certain days. He then pointed out that condition six of approval of the proposed development calls for further review of traffic patterns if the City sees issues arise in the future. He added that KLOA previously worked on the traffic study for the Sports Dome and is familiar with the area. Chair Lewis added that he believes there would be some development at this site and traffic would be generated for that use at some point as well. The Commission then reviewed the standards for approval of the Special Use and Planned Development Guidelines for the proposed development. Commissioner Goddard made a motion to recommend approval of the planned development and conditions as presented by staff. Commissioner Dubin seconded the motion. A roll call vote was taken and the motion passed, 4-0. Ayes: Dubin, Goddard, Halik, Lewis Nays: 4. PUBLIC COMMENT There was no public comment. 5. ADJOURNMENT 877 of 921 DRAFT- NOT APPROVED Page 4 of 4 Plan Commission Minutes 3/13/19 Commissioner Dubin made a motion to adjourn the meeting. Commissioner Goddard seconded the motion. A voice vote was taken and the motion was approved by voice vote 4-0. The meeting was adjourned at 7:40 pm. Respectfully Submitted, Meagan Jones Neighborhood and Land Use Planner Community Development Department 878 of 921 KLOA, Inc. Transportation and Parking Planning Consultants 9575 West Higgins Road, Suite 400 | Rosemont, Illinois 60018 p: 847-518-9990 | f: 847-518-9987 MEMORANDUM TO: Bill Kindra Quad Indoor Sports FROM: Elise Purguette Consultant Michael A. Werthmann, PE, PTOE Principal DATE: October 16, 2018 SUBJECT: Daily Traffic Counts Oakton Street with Quad Indoor Sports Access Road Evanston, Illinois This memorandum summarizes the results of daily traffic counts conducted by Kenig, Lindgren, O’Hara, Aboona, Inc. (KLOA, Inc.) at the intersection of Oakton Street and the access road serving the Quad Indoor Sports facility in Evanston, Illinois. The daily traffic counts were conducted for five weekdays from Monday, October 1, 2018 through Friday, October 5, 2018. The counts were performed on Oakton Street just west of the access road and on the access road just south of Oakton Street. Table 1 presents the results of the daily traffic counts. It should be noted that on Friday, October 5, 2018, the eastbound Oakton Street count only represents a partial traffic count as the tubes did not remain in place on Oakton Street. Table 1 DAILY TRAFFIC VOLUMES OAKTON STREET WITH ACCESS ROAD Oakton Street Access Road Date EB WB Total NB SB Total Monday, October 1, 2018 10,058 10,254 20,312 824 1,459 2,283 Tuesday, October 2, 2018 10,000 9,617 19,617 838 1,405 2,243 Wednesday, October 3, 2018 10,793 8,786 19,579 1,078 1,713 2,791 Thursday, October 4, 2018 10,560 8,655 19,215 971 1,608 2,579 Friday, October 5, 2018 4,042A 8,887 12,929 1,099 1,780 2,879 A represents only a partial traffic count as the tubes did not remain in place on Oakton Street. 879 of 921 APPROVED Page 1 of 8 Plan Commission Minutes 2/13/19 MEETING MINUTES PLAN COMMISSION Wednesday, February 13, 2019 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, James C. Lytle Council Chambers Members Present: Colby Lewis (Chair), Jennifer Draper, Terri Dubin, Carol Goddard, George Halik, Andrew Pigozzi Members Absent: Peter Isaac Staff Present: Meagan Jones, Neighborhood and Land Use Planner Scott Mangum, Planning and Zoning Manager Hugh Dubose, Assistant City Attorney Presiding Member: Colby Lewis, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Lewis called the meeting to order at 7:00 P.M. 2. APPROVAL OF MEETING MINUTES: January 9, 2019 Commissioner Pigozzi made a motion to approve the minutes, seconded by Commissioner Goddard. The Commission voted unanimously, 6-0, to approve the minutes of January 9, 2019. 3. NEW BUSINESS Chair Lewis suggested that, due to two planned development projects being on the agenda, the proposed text amendment be moved from the first agenda item to the last. There were no objections from the Commission. A. Text Amendment Ground Floor Uses in the Central Street Overlay District 19PLND-0010 A Zoning Ordinance Text Amendment pursuant to City Code Title 6, Zoning, to Section 6-15-14-7 of the Zoning Ordinance, to revise the regulations of the oCSC Central Street Overlay District regarding active ground floor uses. Mr. Mangum provided a brief overview of the proposed text amendment and alerted the Commission that the amendment is being brought forward due to a Special Use 880 of 921 APPROVED Page 2 of 8 Plan Commission Minutes 2/13/19 recently filed regarding banquet halls in the oCSC Zoning District. Chair Lewis clarified that the proposed amendment would bring the overlay regulations more in line with base zoning and that the changes only apply to ground floor uses. Mr. Mangum confirmed that this is the case. There were no questions or comments from the public. The standards for approval were then reviewed. Commissioner Halik made a motion to recommend approval of the proposed text amendment as presented by staff. Commissioner Pigozzi seconded the motion. A roll call vote was taken and the motion passed, 6-0. Ayes: Draper, Dubin, Goddard, Halik, Pigozzi, Lewis Nays: B. Planned Development 2425 Oakton Street 18PLND-0085 HPCW, LLC, the applicant, proposes to construct a car wash facility with 20 vacuum spaces and 4 parking spaces in the I1 Industrial District and oRD Redevelopment Overlay District. The applicant seeks a site development allowance for an accessory structure that is 3 ft. away from the principal structure where 10 ft. is required. In addition, the applicant may seek and the Plan Commission may consider Site Development Allowances as may be necessary or desirable for the proposed development. Ms. Jones provided and overview of the proposed project, briefly describing the site, listing the site development allowance and the proposed public benefit. Mark Daniels, attorney for the applicant, then spoke. Providing more detail on the proposed project and describing the ingress and egress on the site and how it relates to circulation within and around the site. He then added that the landscaping to the east o f the ingress was tapered due to the adjacent business’s use of the driveway for trucks turning into that property. The landscaping will be phased for that reason. Mr. Daniels then addressed the site development allowance, stating that there is the ability to attach the canopy, however, there is concern regarding the wind load and possible damage to building. The preference is to keep the canopy detached. He added that the detention area is on the north extension of the property adjacent to detention for the Home Depot property and water collection concerns at the exit are addressed by additional turns needed after exiting the car wash building. He then added that the owner intends to recycle water inside the car wash and the bicycle rack has been relocated closer to the street. The existing powerline will be relocated. Chair Lewis opened up the hearing to questions from the Commission. 881 of 921 APPROVED Page 3 of 8 Plan Commission Minutes 2/13/19 ● Commissioner Halik inquired about where the existing traffic signal will be relocated to and if it will be in conflict with the existing driveways. He then asked how the owner proposes to prevent left turns in and out of the site. Mr. Daniel and Mr. Jeff Miller of Watermark Engineering responded that the traffic signals will be combined to have a mast arm and be just south of the existing location. KLOA has been involved with the planning of the intersection for previous projects and no conflicts are anticipated. Signage will be installed to address left turns and the site configuration will slow traffic within the site. ● Commissioner Goddard asked why the vacuum canopy would not be connected to the building. Mr. Daniel stated there was concern of wind load and possible damage to the car wash building. It would also be easier to maintain the vacuums with the canopy detached. ● Chair Lewis asked if there is a power line easement. Mr. Daniel stated that there is an easement but there should be no issue if it needs to be adjusted. The power line is a regional line that cannot be adjusted too much. Chair Lewis then asked how water recycling will work. Mr. Daniel stated that tanks store, cleanse and filter the used water then return it into the system. Chair Lewis then opened up the public hearing to questions and comments from the public. 2 people spoke with the following concerns: ● Michael Bonaguro, resident and attorney representing the owners of the Shell Station south of the site voiced concerns over access to the nearby parks with large amount of traffic that they see in addition to the Sports Dome. He also stated that the right-in only is going to cause a delay and more research should be done on the potential abuse of other driveways in the vicinity of the site. He added that the additional taxes from the site will not be enough of a benefit to Evanston. ● Dilshad Lakhani, owner of the Shell Station south of the site, stated that she was opposed to the proposed project due to existing congestion that may lead to people shopping elsewhere. There would be no revenue coming in from the proposed use. Mark Daniel responded, saying that there is a benefit to the project and that the use is a service that has increased in numbers due to convenience. He clarified that there are 4 lanes of traffic on Oakton St. at this location, not 2 lanes, and the taper to 2 lanes occurs east of the site. He added that the proposal will largely take from existing traffic instead of creating additional traffic and that KLOA has included other uses in their study. He stated that the site is not likely to be a regular retail use. Chair Lewis alerted the public present that a written request for a continuance can be requested. Mr. Bonaguro stated that the submitted traffic study is a concern and that he and his clients would like to gather additional traffic information from property owners and actual parking numbers. They would also be disputing the stated amount of traffic coming from the south onto Oakton Street 882 of 921 APPROVED Page 4 of 8 Plan Commission Minutes 2/13/19 Mr. Bonaguro submitted a written request for a continuance which was accepted. The public hearing was continued to the March 13, 2019 Plan Commission meeting. C. Planned Development 910-938 Custer Avenue 18PLND-0100 Kevin Lee, property owner, proposes to construct 40 single family attached townhomes in five standalone buildings with 2 enclosed parking spaces per dwelling unit. The applicant requests a Map Amendment to rezone the property from the MUE Transitional Manufacturing-Employment District to the MXE Mixed-Use Employment District. The applicant requests a special use for a Planned Development with Site Development Allowances for: 1) 40 dwelling units where 32 dwelling units are allowed; 2) 44.2 ft. and 4 stories in height where 41 ft. and 3 stories is allowed; 3) 5 ft. west rear yard setback where 15 ft. is required; 4) townhouse orientation facing interior and side yards where townhouse orientation must face the street; 5) 7 ft. front yard, 2ft. south interior side yard, and 1ft. west rear yard setbacks for balconies where a 9 ft. front yard setback is required, 4.5 ft. south interior side yard setback is required, and a 13.5 ft. west rear yard setback is required for balconies; and 6) 5' ft.-10 ft. landscape strip along the south and west property boundaries where a 25 ft. wide landscape strip is required. In addition, the applicant may seek and the Plan Commission may consider additional Site Development Allowances as may be necessary or desirable for the proposed development. Ms. Klotz provided and overview of the project, describing the site listing the requested site development allowances and proposed public benefits. She also stated that the applicant intends to seek TIF funding, though that is not under the purview of the Plan Commission. Mr. Bill Rotolo, TWM Consulting, introduced the development team then Mr. Mike Cook, Cook Engineering Group, provided more details on the project describing existing conditions, the proposed layout of the site emergency access, and the proposed turnaround at the north end of the site. He added that they will be meeting MWRD requirements and be providing an underground stormwater system and permeable pavers. Mr. Doug Wirth, architect, reviewed the building design and materials. He added that there are two unit types and solar arrays on the roof of each unit. Mr. Craig Burton stated that energy modeling had been done for energy efficiency of the site and net zero guidelines were followed. Mr. Gary Lehman provided information on the landscaping, describing the proposed roof 883 of 921 APPROVED Page 5 of 8 Plan Commission Minutes 2/13/19 gardens, some private gardens and landscaping proposed along the CTA embankment. A monument sign is proposed at the southeast corner of the site. One of the public benefits includes this landscaping along with a planting proposal at the park along the embankment near the Main Street CTA station and a possible mural. Mr. Javier Milan of Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA) stated that traffic counts were taken on November 8, 2018 at the Main/Custer, Sherman/Main, Custer/public alley intersections, Sherman/Parking Lot 31 drive aisle and the drive leading to Evanston Lumber Yard. All operate at acceptable levels of service. There was suggestion of possibly removing 1 or 2 spaces on Main in order to provide better site lines at the intersection. Since 12 new parking spaces are proposed on Custer Ave., there would still be an overall gain in on-street parking. Mr. Rotolo stated that a market exists for this use as it is not provided in large numbers in Evanston. The typical buyer is mid 40’s to mid-50’s in age with children, if they have them, in high school or older. The prices will range from high $600,000 to high $700,000 with a good amount of living space. He then reviewed the proposed public benefits. Chair Lewis then opened up the public hearing to questions from the Commission. These questions included the following: ● Commissioner Pigozzi stated that the intersection near the site is difficult to navigate and inquired about the existing lot at Evanston Lumber having alley access. Mr. Milan stated that, per staff request, signage would be provided to discourage cutting through the parking lot on the opposite side of the alley off of Sherman Ave. ● Commissioner Pigozzi then stated that nearby Lincoln School is overcrowded and even though it is not under the purview of the Commission, he wondered if possible negative effects of TIF on the school had been considered. Mr. Rotolo stated that the proposed use does not generate many school aged children. There may be language within the redevelopment agreement to divert money to the school district. ● Commissioner Goddard asked if a signalized/countdown timer may be necessary at the intersection. ● Commissioner Dubin asked for clarification regarding green roof vs. roof garden. Mr. Lehman explained that there will be a shallow tray system installed with a limited load so what is proposed is a green roof. Ms. Draper asked for clarification on access to that use. Mr. Wirth described the roof top deck that would provide access to the green roof. ● Chair Lewis asked what would be required for a front yard. Ms. Klotz responded that the setback of the property is along Custer Ave and is different from what the developers are referring to in front of each unit. Mr. Rotolo added that the fee simple may be adjusted to include areas in front of the home. Covenants will prohibit certain changes. ● Chair Lewis asked if a market study was done. Mr. Rotolo responded yes and 884 of 921 APPROVED Page 6 of 8 Plan Commission Minutes 2/13/19 that the demand is high. Sales operations will occur during construction, space on Main St. may be rented for this purpose. Construction will begin without presales. Chair Lewis opened up the public hearing to questions from the public. A total of 7 people spoke, including the following: ● Ashaf Manji, resident, stated that he liked the idea of rezoning and that the area will likely become residential. He added that the Commission should consider the proposed concessions. ● Stan Eastman, resident, asked if Evanston Lumber will continue to operate. Mr. Rotolo responded that Evanston Lumber will continue to operate and the proposed development will not take over the site. ● Hilly Hacker, resident, asked if intergenerational homes had been considered. Mr. Rotolo responded that this was not considered and that type of use may not fit with zoning requirements. The layout of the homes somewhat address that. ● Martin Renke inquired about concrete in the alley and who will cover the cost of moving utilities. Mr. Rotolo stated that the cost will be covered by the developer and some utilities will have to be buried. ● Ellyn Frank Miller, resident, asked if cars have access to Custer Ave. Mr. Milan stated that residents will utilize the alley. Mr. Milan stated emergency vehicles can also use Custer Ave for access. Ms. Frank Miller then asked if there was any effect to parking on Main Street by the alley widening and if a 4-way stop may be proposed at Custer Ave. and Main St. Mr. Milan responded that additional signage could be looked at and evaluated and removing a parking space on Main St. could also be considered. A 4-way stop would be a last resort. ● Jeff Silver, resident, voiced concerns regarding the variances needed, adding that the proposed building height is 50% taller than existing surrounding structures. He then asked if the developer intended to pave the entire alley to which Mr. Rotolo responded that the portions of the alley adjacent to the site will be paved. ● Robert Fisher, Evanston Lumber, asked if there are any provisions for construction parking and if there is enough room in the alley for two-way traffic. Mr. Rotolo responded that general conversations have occurred with staff regarding parking and that the alley can accommodate two-way traffic. Chair Lewis then asked for public testimony. A total of 7 people spoke including the following: ● Mr. Eastman stated that the site is not appropriate for the proposed use and he strongly urges the Commission to not grant additional development allowance. He added that the nearby intersection is dangerous and residents will likely drive through the parking lot on Sherman Ave. He also stated that the proposed building does not fit into the neighborhood. ● Ms. Hacker asked why the development does not stick to zoning regulations and that stated that the area will be tremendously affected by additional traffic. 885 of 921 APPROVED Page 7 of 8 Plan Commission Minutes 2/13/19 ● Mr. Renke stated that the location offers a great chance to build something that takes advantage of transit. He suggested that the project could remove some parking and reduce the building height and added that the alley is still too narrow. ● Ms. Frank Miller expressed excitement to see development at the site but concern about traffic, specifically through the parking lot and that staff should address that issue. ● David Adams, resident, asked why the homes are 4 stories and if there are any provisions compensating those affected by the development. Nichols school could be affected, He stated that he has concerns with the nearby intersection and possible bottleneck that could occur. He added that it would be nice to shrink the homes down. ● Mr. Silver stated that he loves the idea but shares the same objections expressed previously. The development should follow existing zoning and setbacks. Encourages denial of the project as is and encourages revisions. ● Mr. Fisher expressed excitement about redevelopment and emphasized that Custer Ave. is the lifeblood of Evanston Lumber and that the Main St. /Custer Ave. intersection is a nightmare. He challenged the applicant to conduct a traffic study in the summer during the busy season. Chair Lewis closed the public hearing and the Commission began its deliberations. Commissioner Halik stated that it is difficult to build affordable housing and he sees prospective purchasers as young families. He expressed that the interior spaces are almost too efficient with bedrooms being very narrow. Commissioner Halik continued saying height is not an issue adding that the request is not much higher than the requirement. He also mentioned that there are a variety of architectural styles in the area. Chair Lewis asked for clarification on the requirements versus what is requested. Ms. Klotz responded that 44.2 ft. height is requested where 41 ft. is allowed. Commissioner Dubin stated that it is tough to see changes but that this type of housing is needed in Evanston. Commissioner Draper stated that generally, the project is an improvement. The space will be broken up with courtyards but she would like to see more attention paid to the façade facing Custer Ave. She also recommended that net-zero standards be met. Chair Lewis stated that the development is being sold as a transit oriented development and that it is trying to be both convenient and provide more parking. He expressed concern of delivery traffic to Evanston Lumber and that the proposed turnaround could be larger. The Commission then reviewed the standards for approval of Map Amendment, Special Use and Planned Development Guidelines for the proposed development. 886 of 921 APPROVED Page 8 of 8 Plan Commission Minutes 2/13/19 Commissioner Goddard suggested that a parking space be taken out on Main St. to increase visibility. Commissioner Halik suggested that additional façade consideration be added to make the blank areas friendlier. Commissioner Goddard made a motion to recommend approval of the map amendment, planned development and conditions as presented by staff with the added conditions of the removal of two parking spaces on Main St. and that the applicant continues to work with staff on the facade of the building. Commissioner Draper seconded the motion. A roll call vote was taken and the motion passed, 6-0. Ayes: Draper, Dubin, Goddard, Halik, Lewis, Pigozzi Nays: 4. PUBLIC COMMENT There was no public comment. 5. ADJOURNMENT Commissioner Pigozzi made a motion to adjourn the meeting. Commissioner Dubin seconded the motion. A voice vote was taken and the motion was approved by voice vote 6-0. The meeting was adjourned at 10:32 pm. Respectfully Submitted, Meagan Jones Neighborhood and Land Use Planner Community Development Department 887 of 921 For City Council meeting of April 8 2019 Item P3 Ordinance 22-O-19, Map Amend. & Planned Development at 910-938 Custer Ave. For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Johanna Leonard, Community Development Director Scott Mangum, Planning & Zoning Manager Melissa Klotz, Zoning Administrator Subject: Ordinance 22-O-19 Map Amendment & Planned Development, 910-938 Custer Ave., 18PLND-0100 Date: March 4, 2019 Recommended Action: The Plan Commission and staff recommend adoption of Ordinance 22-O-19 for approval of a Map Amendment to Rezone from the MUE Transitional Manufacturing- Employment District to the MXE Mixed-Use Employment District and a Special Use for a Planned Development for 40 single family attached townhomes in five standalone buildings that feature interior courtyards, two-car attached garages per dwelling unit, and building height of four stories. The proposal includes the following Site Development Allowances: ● Density: Propose 40 single family attached (townhouse) dwelling units where 32 are allowed. ● Height: Propose 47.3’ and 4 stories where 41’ and 3 stories is allowed. ● Rear Setback: Propose 5’ (to alley easement) where 15’ is required abutting residential. ● Townhouse Orientation: Propose all townhomes facing interior to the property or towards the side yard where townhomes are required to face the street frontage. ● Balcony Setbacks (Yard Obstructions): Propose a 7’ front yard setback, 2’ south interior side yard setback, and 1’ rear yard setback (to alley easement) where 9’ is required in the front yard, 4.5’ is required in the south interior side yard, and 13.5’ is required in the rear yard. ● Landscaping: Propose a 5’ – 10’ wide landscaping buffer along the south interior and rear boundaries where a 25’ wide landscaping buffer Livability Benefits: Built Environment: Provide compact and complete streets and neighborhoods Climate & Energy: Green energy supply Memorandum 888 of 921 Rendering (view from Custer Ave.): Site Layout The property is located on the west side of Custer Ave. and features 366 feet of street frontage. The applicant proposes to construct five rows of single-family attached townhomes with a total of 40 units. Each dwelling unit features a 2-car attached garage and living space at the ground floor, then two floors of living space with a balcony, and a fourth floor bonus room with a walkout rooftop deck and green roof, and solar panels mounted on top of fourth floor. The vehicular access to the development is via the alley that connects to Custer Ave. at 889 of 921 the south end of the development site and terminates approximately 475 feet north of the site. The alley currently varies in width from 16-18 feet, so the developer agrees to grant an easement to the City along the south and west sides of the property to allow the alley to be widened to 20 feet. The applicant will improve the alley with storm water detention and new concrete. Existing utility poles in the alley will be removed and utility lines will be buried where possible. The common space on the property features brick semi-pervious driveway aisles that lead to the garages, and courtyards of approximately 30-feet in width with semi-private shrub-lined at-grade terraces adjacent to each front door entry. Landscape Plan The landscape plan includes improvements to the Custer Ave. streetscape including a new 6 foot wide sidewalk, new street trees that will be located on private property since there is not enough right-of-way width available, lighting (in conjunction with the upcoming Main St. streetscape improvements), widening of the landscaped right-of-way on Custer Ave. closer to Main St., and landscaping of the Metra embankment. Compliance with the Zoning Ordinance Map Amendment: The applicant requests a map amendment to rezone the property from the current MUE Transitional Manufacturing-Employment District to the MXE Mixed-Use Employment District. The MXE District is a mixed-use district intended for areas that feature a 890 of 921 combination of light industrial, commercial, and residential uses as industrial areas redevelop, specifically: The MXE District is intended to address those distinctive areas in Evanston where manufacturing and industrial uses have coexisted with residential uses in a manner in which neither have been affected adversely. The MXE district will incorporate uses currently located in the area while also permitting those uses normally associated with manufacturing and industrial operations. The MXE district will also permit residential uses and shall provide for their continuance through the requirement of adequate, districtwide site controls designed to preserve the distinctive coexistence. Rezoning from MUE to MXE is appropriate because of the proposed change in use to residential and the longtime existence of adjacent residential areas. 910-938 Custer Ave. comprises one third of the contiguous MUE District that is between Main St. and Greenleaf St. (the only MUE District remaining in the city). By changing the use to residential, the district is no longer primarily industrial or manufacturing and instead has a larger residential component that makes the MXE District more appropriate and a suitable buffer to the adjacent residential and business districts. Regulations within the MUE and MXE District are similar. Notable but moderate differences include a maximum FAR of .45 in the MUE District and 1.5 in the MXE District (with the increased FAR meant to promote multiple story mixed-use or residential structures instead of one story industrial buildings), and smaller front, side, and rear yard setbacks in the MXE District (since uses are more likely to coexist well). As the rest of the MUE area to the north redevelops over time, the MUE District will likely become obsolete and rezone to the more transitional MXE District. Planned Development: The applicant requests Special Use approval for a Planned Development, which is required due to a lot size in excess of 30,000 sq. ft., construction of more than 20,000 sq. ft., and development of more than 24 residential dwelling units. The applicant requests six Site Development Allowances to exceed the base MXE District zoning regulations. The applicant requests the following Site Development Allowances: Site Development Allowances Requested MXE District Requirement Max Site Development Allowance Proposed Number of Dwelling Units/ Lot Size 32 (2000 sq. ft./DU) + 25% = 40 DUs max 40 DUs 891 of 921 Building Height 41’ or 3 stories + 15’ = 56’ max 47.3’ and 4 stories Rear Yard Setback 15’ abutting residential NA 5’ (to alley easement) Townhouse Orientation Must face street frontage NA All townhomes face interior to the property or towards side yard Front, Interior Side, and Rear Yard Setbacks for Yard Obstructions (Balconies) Front yard: 9’ Interior side yard: 4.5’ Rear yard: 13.5’ NA Front yard: 7’ Interior side yard: 2’ Rear yard: 1’ (to alley easement) Landscaping Buffer 25’ landscaping buffer along all boundaries not abutting a street NA 5’ – 10’ wide landscaping buffer proposed along south interior and rear boundaries All requested Site Development Allowances are eligible allowances listed in the Zoning Ordinance. Parking and Traffic The property is located within the City’s TOD (Transit Oriented Development) area and is located less than 500 feet from both the Main St. Metra and CTA stations. 1.5 parking spaces are required per dwelling unit, for a total of 60 parking spaces required. The development provides a two-car attached garage for each townhome, with a total of 80 parking spaces on the site. The developer anticipates many residents will not utilize two vehicles. There is currently un-metered on-street parking on the west side of Custer along the development boundary that is mostly used as commuter parking. The applicant agrees to pay for the installation of a pay box on the Custer Ave. right-of-way for the 12 on- street parking spaces, which will encourage turnover and allow for visitor parking for the development and the adjacent Main St. business district. The applicant also proposes to widen a portion of Custer Ave. at the dead end so vehicles can appropriately maneuver to turn around and exit back to Main St. The widening extends west to the development property line, with a new sidewalk bending around it within the development’s property. There is no current plan to extend Custer Ave. north to Greenleaf St. since multiple private properties, as well as a new water main, are within that area. 892 of 921 Since there are no cub cuts from the development site to Custer Ave., the applicant has agreed to install grassroad pavers connecting the two drive aisles on the property to the Custer Ave. curb. Grassroad pavers are semi-pervious pavers that blend into the landscaping and allow grass to grow through and around, but maintain enough stability that emergency vehicles can drive over them for quick access to the interior of the site if needed and if the alley is not passable. The applicant submitted a Traffic Impact Study (prepared by Kenig, Lindgren, O’Hara & Aboona, Inc., or KLOA) that analyzed the trip generation due to the proposed development (which did not account for the nearby public transportation), and surrounding intersections and found traffic service levels will decrease by one step at the Main St. and Custer Ave. intersection for weekday morning northbound and southbound vehicles. All other intersections will remain at existing service levels. The Traffic Impact Study concludes the change in traffic will be negligible and will not cause undue traffic issues. Public Benefits The applicant originally anticipated asking for TIF funding in conjunction with the project, and therefore agreed to substantial public benefits. The applicant is no longer seeking TIF funding and has therefore reduced the public benefits from what was stated at the Plan Commission hearing. The applicant now proposes the following in response to the requested Map Amendment and Planned Development with six Site Development Allowances: 1. The Applicant shall contribute $9,000 for the installation of an on-street parking pay box. 2. The Applicant shall make streetscape improvements including landscaping, emergency vehicle grass-road pavers, right-of-way bump out near Main Street, street trees on private property, Custer Avenue turnaround, and landscaping of the Metra embankment. 3. The Applicant agrees to establish an easement agreement to increase the north- south and east-west alleys to 20 feet in width where each alley abuts the Subject Property. 4. The Applicant shall reconstruct the north-south and east-west alleys where they abut the subject property and including the alley easement area, to include storm water management, burying of utilities where possible, and surface pavement, all per City of Evanston Public Works Agency requirements, with timing consideration with the City’s water main project in the vicinity. 5. The Applicant shall ensure the Homeowner’s Association is responsible for snow removal in the alley where adjacent to the Subject Property, and shall ensure snow removal is not deposited or plowed into the remainder of the alleyway. 6. The Applicant shall provide a payment of $25,000 for public art or install an art piece in the vicinity of the development site with an approximate cost of twenty- 893 of 921 five thousand dollars $25,000, subject to the approval of the Arts Commission and Design & Project Review Committee. 7. The Applicant agrees to contribute $15,000.00 for pedestrian countdown timers to the City of Evanston to be utilized when the City conducts its traffic light update. Conditions In addition to the stated public benefits, the applicant agrees to the following conditions: 1. Development and operation of the Planned Development shall be in substantial compliance with the documents on file, testimony, and representations made throughout the Planned Development process. 2. A Construction Management Plan is required prior to issuance of the building permit. 3. The Applicant shall remove and remedy any contaminated materials located on the property in compliance with the Illinois EPA. 4. The Applicant shall comply with the Inclusionary Housing Ordinance in effect at the time of application, whereby 10% of units must be affordable or pay a fee-in- lieu at a rate of $100,000 per affordable unit, with the Applicant agreeing to pay a fee-in-lieu of $100,000 per affordable unit for a total payment of $400,000. 5. The development shall comply with the City of Evanston Green Building Ordinance. 6. Residents of the development shall not be eligible to obtain residential on-street parking permits. Standards of Approval The proposed development must satisfy the Standards for Amendments (Section 6-3-4- 5), Standards for Special Use (Section 6-3-5-10), the Standards for Planned Development (Section 6-3-6-9), and Standards and Guidelines Established for Planned Developments in the MXE Mixed-Use Employment District (Section 6-13-1-10). Staff and the Plan Commission find that the proposed development meets all Standards for approval: Standards for Amendments (Section 6-3-4-5): The map amendment to rezone the property from MUE to MXE is consistent with the goals, objectives, and policies of the Comprehensive General Plan. The MXE District is compatible with the surrounding neighborhood and uses, and should not cause adverse impacts to surrounding properties. Public facilities and services to the property are adequate or will be improved as part of the development proposal. Standards for Special Use (Section 6-3-5-10): A Planned Development is listed as a special use in the MXE Mixed-Use Employment District. The proposed development follows the purposes and policies outlined in the Comprehensive Plan and the Zoning Ordinance. 894 of 921 The proposed development will not cause a negative cumulative effect when considered in conjunction with other special uses in the area. Surrounding uses include low and moderate level multiple-family residential to the west, industrial (Evanston Lumber) to the north, the Metra embankment to the east, and a vibrant business corridor to the south. The development acts as a buffer between all of the surrounding uses. The proposal can be adequately served by public facility infrastructure already available. The street and sidewalk network and extensive public transportation, as well as water, sewer, electricity, and gas infrastructure already exist in the area. Any necessary modifications to infrastructure shall be approved through the permit process as appropriate. Improvements to the nearby water main are needed for this development, which is an infrastructure improvement already anticipated and planned by the City. The applicant will conduct any additional infrastructure improvements, such as the alley improvement, with timing consideration for the City’s water main project. The applicant submitted a Traffic Impact Study that finds there will be minimal effect to the level of service on existing roads and intersections. The applicant agrees to improve the public sidewalk and alley. Finally, the proposal meets all zoning requirements other than the requested Site Development Allowances requested. Standards and Guidelines for Planned Developments in the MXE District (Sections 6-3- 6-9 and 6-13-1-10): The proposed Planned Development complies with the purpose and the intent of the Comprehensive General Plan and the Zoning Ordinance. The proposal is a moderate- density residential development that will serve as a buffer among a variety of uses including residential, commercial, and industrial uses. The development will also enhance the existing streetscape and improve the pedestrian connection to the Main St. business district with pedestrian countdown timers at the Sherman Ave. and Main St. intersection. The proposal is consistent with the vision and goals of the Comprehensive Plan for redevelopment of underutilized properties, with appropriate building height, bulk, setbacks, and density. Legislative History February 13, 2019 – The Plan Commission found the proposed development will establish a needed housing type in Evanston and will provide a buffer among the existing mixture of commercial, industrial, and residential uses. The Plan Commission recommended unanimous approval of the proposal including conditions recommended by staff, as well as additional conditions to remove two on-street parking spaces at the 895 of 921 northwest corner of Main St. and Custer Ave. to increase visibility around the corner, and to work on additional facade improvements. At the time of the Plan Commission hearing, the applicant anticipated requesting TIF funding and therefore proposed additional public benefits. Since the applicant is no longer requesting TIF funding, the public benefits have since been modified and reduced. January 23, 2019 – The Design & Project Review Committee (DAPR) found the proposed development, including staff conditions, acceptable and unanimously recommended approval, noting the TIF funding request is not within the purview of the Committee. January 9, 2019 – The Design & Project Review Committee (DAPR) noted some submitted documents, such as the traffic study, needed revision for accuracy, and that additional sustainability measures should be considered for an attempt at a net-zero energy development. DAPR unanimously continued the case to January 23, 2019. December 19, 2018 – The Design & Project Review (DAPR) Committee reviewed the proposal and determined a recommendation could not be made on the development and the proposed public benefits without details regarding the TIF funding request. DAPR unanimously continued the case to January 9, 2019. Attachments Proposed Ordinance 22-O-19 Plan Commission Packet of February 13, 2019 Plan Commission Draft Meeting Minutes Excerpt of February 13, 2019 896 of 921 2/27/2019 3/5/2019 22-O-19 AN ORDINANCE Granting a Special Use Permit for a Planned Development Located at 910-938 Custer Avenue and Amending the Zoning Map to Re-Zone Certain Property from the MUE Transitional Manufacturing- Employment District to the MXE Mixed-Use Employment District (“Custer Avenue Townhomes”) WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt ordinances and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164); and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1, et seq.) grants each municipality the power to establish zoning regulations; and 897 of 921 22-O-19 ~2~ WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 1979, as amended, (“the Zoning Ordinance”); and WHEREAS, Kevin Lee (the “Applicant”), owner and developer of the property located at 910-938 Custer Avenue, Evanston, Illinois (the “Subject Property”), legally described in Exhibit A, which is attached hereto and incorporated herein by reference, applied, pursuant to the provisions of the Zoning Ordinance, specifically Section 6-3-5, “Special Uses,” Section 6-3-6, “Planned Developments,” and Subsection 6-13-4-3, “Special Uses” in the MXE Mixed-Use Employment District, to permit the construction and operation of a Planned Development located at the Subject Property in the MXE Mixed-Use Employment District; and WHEREAS, the Applicant sought approval to re-zone the Subject Property from the current MUE Transitional Manufacturing-Employment District to the proposed MXE Mixed-Use Employment District; and WHEREAS, the Applicant sought approval to construct forty (40) new four (4) story forty-seven (47) feet and four (4) inches tall single-family attached dwelling units, commonly referred to as townhouses; and WHEREAS, construction of the Planned Development, as proposed in the application, requires exception from the strict application of the Zoning Ordinance with regards to number of dwellings, building height of each dwelling, west rear yard setbacks, orientation of front entrance of town homes, setbacks for balconies and width of landscaping strip; and 898 of 921 22-O-19 ~3~ WHEREAS, pursuant to Subsection 6-3-6-5 of the Zoning Ordinance, the City Council may grant Site Development Allowances to the normal district regulations established in the Zoning Ordinance; and WHEREAS, on February 13, 2019, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.) and the Zoning Ordinance, the Plan Commission held a public hearing on the application for a Special Use Permit for a Planned Development and Rezoning from MUE Transitional Manufacturing- Employment District to MXE Mixed-Use Employment District, case no. 18PLND-0100, heard extensive testimony and public comment, received other evidence, and made written minutes, findings, and recommendations; and WHEREAS, the Plan Commission’s written findings state that the application for the proposed Planned Development met applicable standards set forth for Special Uses in Subsection 6-3-5-10 of the Zoning Ordinance and Planned Developments in the MXE Mixed-Use Employment District per Subsection 6-13-4-3 of the Zoning Ordinance and Map Amendments per Subsection 6-3-4-5; and WHEREAS, the Plan Commission’s written findings state that the amended application for the proposed Planned Development meets applicable standards set forth for Special Uses in Subsection 6-3-5-10 of the Zoning Ordinance and Planned Developments in the MXE Mixed-Use Employment District per Subsection 6-13-4-3 of the Zoning Ordinance; and WHEREAS, the Plan Commission recommended the City Council approve the amended application with conditions; and 899 of 921 22-O-19 ~4~ WHEREAS on March 11, 2019, the Planning and Development (“P&D”) Committee of the City Council held meetings, in compliance with the provisions of the Open Meetings Act and the Zoning Ordinance, received input from the public, carefully considered and adopted the findings and recommendations of the Plan Commission, and recommended approval thereof by the City Council; and WHEREAS, construction of the Planned Development, as presented in the submitted revised plans, requires exception from the strict application of the Zoning Ordinance with regards to number of dwellings, building height of each dwelling, rear yard setbacks, orientation of front entrance the dwellings, setbacks for balconies and width of landscaping strip; and WHEREAS, at its meetings of March 11, 2019 and April 8, 2019, held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council considered the recommendation of the P&D Committee, the Applicant’s application, received additional public comment, made certain findings, and adopted said recommendation; and WHEREAS , it is well-settled law that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747 (1991)) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124 (7th Cir. 1995)), NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as facts and incorporated herein by reference. 900 of 921 22-O-19 ~5~ SECTION 2: The City Council hereby amends the Zoning Map to remove those properties with the addresses and PINs listed in Exhibit B and identified in Exhibit C, both attached hereto and incorporated herein by reference, from the MUE Transitional Manufacturing-Employment District and place them within the MXE Mixed- Use Employment District. SECTION 3: Pursuant to the terms and conditions of this Ordinance, the City Council hereby grants the Special Use Permit applied for in case no. 18PLND- 0100, to allow construction and operation of the Planned Development described herein. SECTION 4: The City Council hereby grants the following Site Development Allowances: (A) Number of Dwellings: A Site Development Allowance is hereby granted permitting forty (40) dwelling units to be constructed whereas the requirement in subsection 6-13-4(4)(B)(2) permits thirty-two (32) dwelling units on the Subject Property. (B) Building Height: A Site Development Allowance is hereby granted for an maximum building height of approximately forty-seven (47) feet and four (4) inches, whereas subsection 6-13-4-7 permits a maximum building height of forty- one (41) feet on the Subject Property. (C) Rear Yard Setback: A Site Development Allowance is hereby granted permitting a rear yard setback of five (5) feet from the western property line of the Subject Property, whereas subsection 6-13-4-6(D) requires a minimum of a fifteen (15) feet rear yard setback from the western property line of the Subject Property line on the Subject Property. (D) Townhouse Orientation: A Site Development Allowance is hereby granted permitting the townhomes to face the interior or side yards, whereas subsection 6-13-11-1 requires townhomes to have frontage on a public street on the Subject Property. (E) Balcony Yard Obstruction (Front yard): A Site Development Allowance is hereby granted permitting a seven (7) foot front yard setback for a balcony on the 901 of 921 22-O-19 ~6~ Subject Property, whereas subsection 6-4-1-9-B requires a nine (9) foot front yard setback for the installation of a balcony on the Subject Property. (F) Balcony Yard Obstruction (South interior side yard): A Site Development Allowance is hereby granted permitting a two (2) foot south interior side yard setback for a balcony on the Subject Property, whereas subsection 6-4-1-9-B requires a four and half (4.5) foot south interior side yard setback setback for the installation of a balcony on the Subject Property. (G) Balcony Yard Obstruction (West rear yard): A Site Development Allowance is hereby granted permitting a one (1) foot west rear yard setbacks for a balcony on the Subject Property, whereas subsection 6-4-1-9-B requires a thirteen and half (13.5) west rear yard setback for the installation of a balcony on the Subject Property. (H) Landscaping Strip: A Site Development Allowance is hereby granted permitting a minimum of five (5) feet landscape strip along the south and west property boundaries of the Subject Property, whereas subsection 6-13-1-10(B)(3) of the Zoning Ordinance requires a minimum of a twenty-five (25) feet landscape strip is required for this development in the MXE Mixed-Use Employment District. SECTION 5: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council imposes the following conditions on the Special Use Permit granted hereby, which may be amended by future ordinance(s), and violation of any of which shall constitute grounds for penalties or revocation of said Special Use Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A) Compliance with Applicable Requirements: The Applicant shall develop and operate the Planned Development authorized by the terms of this Ordinance in substantial compliance with: the terms of this Ordinance; the Site and Landscape Plans in Exhibits D and E, attached hereto and incorporated herein by reference; all applicable legislation; the Applicant’s testimony and representations to the Design and Project Review Committee, the Plan Commission, the P&D Committee, and the City Council; and the approved documents on file in this case. (B) Construction Management Plan: The Applicant shall sign and agree to a Construction Management Plan (CMP) with the City of Evanston prior to issuance of the Building Permit. The CMP shall include but is not limited to the following: construction phasing/staging plans; construction hours; site access including traffic and pedestrian safety plans; contractor parking; damage control 902 of 921 22-O-19 ~7~ and vibration monitoring; construction exhibits; project communication and signage. (C) On-Street Parking Pay Boxes: The Applicant agrees to make a one-time contribution to the City of Evanston in the amount of nine thousand dollars ($9,000.00) to pay for the installation of an on-street parking pay box. (D) Contaminated Materials: The Applicant shall remove and remedy any contaminated materials located on the Subject Property in compliance with the Illinois Environmental Protection Agency’s regulations. (E) Affordable Housing Units: The Applicant shall comply with the Inclusionary Housing Ordinance in effect at time of application, whereby ten percent (10%) of units must be affordable or pay a fee-in-lieu at a rate of one hundred thousand dollars ($100,000.00) per affordable unit, with the applicant agreeing to pay a fee-in-lieu of one hundred thousand dollars ($100,000.00) per affordable unit for a total payment of four hundred thousand dollars ($400,000.00). (F) Streetscaping: The Applicant shall make streetscape improvements, per the site plans in Exhibit E, including landscaping, emergency vehicle grass-road pavers, right-of-way bump out near Main Street, street trees on private property, Custer Avenue turnaround, and landscaping of the Metra embankment. (G) Alley Easement: The Applicant agrees to establish an easement agreement to increase the north-south and east-west alleys to twenty (20) feet in width where each alley abuts the Subject Property. (H) Alley Construction: The Applicant shall reconstruct the north-south and east- west alleys where they abut the subject property and including the alley easement area, to include storm water management, burying of utilities where possible, and surface pavement, all per City of Evanston Public Works Agency requirements, with timing consideration with the City’s water main project in the vicinity. (I) Snow Removal: The Applicant shall ensure the Homeowner’s Association is responsible for snow removal in the alley where adjacent to the Subject Property, and shall ensure snow removal is not deposited or plowed into the remainder of the alleyway. (J) Public Art Contribution: The Applicant shall provide a payment of twenty-five thousand dollars ($25,000) for public art or install an art piece in the vicinity of the development site with an approximate cost of twenty-five thousand dollars ($25,000), subject to the approval of the Arts Commission and Design & Project Review Committee. (K) Green Building Ordinance: The development shall comply with the City of Evanston Green Building Ordinance. 903 of 921 22-O-19 ~8~ (L) Pedestrian Countdown Timers: The Applicant agrees to contribute fifteen thousand dollars ($15,000.00) to the City of Evanston to be utilized when the City conducts its traffic light update. (M) Residential On-Street Parking Permits: Residents of the building shall not be eligible to obtain residential on-street parking permits. (N) Recordation: Pursuant to Subsection 6-3-6-10 of the Zoning Ordinance, the Applicant shall, at its cost, record a certified copy of this Ordinance, including all exhibits attached hereto, with the Cook County Recorder of Deeds, and provide proof of such recordation to the City, before the City may issue any permits pursuant to the Planned Development authorized by the terms of this Ordinance. SECTION 6: When necessary to effectuate the terms, conditions, and purposes of this Ordinance, “Applicant” shall be read as “Applicant’s tenants, agents, assigns, and successors in interest.” SECTION 7: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 8: Except as otherwise provided for in this Ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. To the extent that the terms and provisions of any of said documents conflict with the terms herein, this Ordinance shall govern and control. SECTION 9: All Ordinances or parts of ordinances that are in conflict with the terms of this Ordinance are hereby repealed. SECTION 10: If any provision of this Ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance is severable. 904 of 921 22-O-19 ~9~ SECTION 11: The findings and recitals herein are hereby declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2019 Adopted:___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _____________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 905 of 921 22-O-19 ~10~ EXHIBIT A Legal Description LOT 1 IN DARD PRODUCTS THIRD CONSOLIDATION, BEING A CONSOLIDATION OF LOT 3 AND THE NORTH HALF OF LOT 4 IN RAILWAY SUBDIVISION AND LOT 1 IN DARD PRODUCTS SECOND CONSOLIDATION, IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED. PINs: 11-19-117-063-0000 COMMONLY KNOWN AS: 910-938 Custer Avenue, Evanston, IL 906 of 921 22-O-19 ~11~ EXHIBIT B Addresses and PINs of Properties Removed from the MUE Transitional Manufacturing-Employment District and Placed Within the MXE Mixed-Use Employment District PINs: 11-19-117-063-0000 COMMONLY KNOWN AS: 910-938 Custer Avenue, Evanston, IL 907 of 921 22-O-19 ~12~ EXHIBIT C Map of Properties Removed from the MUE Transitional Manufacturing- Employment District and Placed Within the MXE Mixed-Use Employment District 908 of 921 910-938 Custer Ave. drawGraphics_poly User drawn polygons Zoning Boundaries & Labels Tax Parcels March 5, 2019 0 0.03 0.060.015 mi 0 0.055 0.110.0275 km 1:2,000 This map is not a plat of survey. This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information.Copyright 2018 City of Evanston909 of 921 22-O-19 ~13~ EXHIBIT D Development Plans 910 of 921 911 of 921 912 of 921 913 of 921 914 of 921 22-O-19 ~14~ EXHIBIT E Landscape Plans 915 of 921 Evanston CommonsPROJECT STAFF ISSUE REVISIONS DATE PROJECT MANAGER: ENGINEER: ENGINEER: TECHNICIAN: G. LEHMAN RLA 1 DAPR REVIEW PLANS 01-18-19COPYRIGHT:THIS DRAWING SHALL NOT BE USED,REPRODUCED, MODIFIED OR SOLD EITHERWHOLLY OR IN PART, EXCEPT WHENAUTHORIZED IN WRITING BY THE ENGINEER.PROJECT NO.: 00102ISSUE DATE:JAN. 18, 2019SCALE:SHEET NUMBEREVANSTON COMMONS 912 CUSTER AVENUE EVANSTON, ILLINOIS G. LEHMAN RLA PRELIMINARY LANDSCAPE PLANS916 of 921 DRAFT- NOT APPROVED Page 1 of 5 Plan Commission Minutes 2/13/19 MEETING MINUTES EXCERPT PLAN COMMISSION Wednesday, February 13, 2019 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, James C. Lytle Council Chambers Members Present: Colby Lewis (Chair), Jennifer Draper, Terri Dubin, Carol Goddard, George Halik, Andrew Pigozzi Members Absent: Peter Isaac Staff Present: Meagan Jones, Neighborhood and Land Use Planner Scott Mangum, Planning and Zoning Manager Melissa Klotz, Zoning Administrator Hugh Dubose, Assistant City Attorney Presiding Member: Colby Lewis, Chairman A. Planned Development 910-938 Custer Avenue 18PLND-0100 Kevin Lee, property owner, proposes to construct 40 single family attached townhomes in five standalone buildings with 2 enclosed parking spaces per dwelling unit. The applicant requests a Map Amendment to rezone the property from the MUE Transitional Manufacturing-Employment District to the MXE Mixed-Use Employment District. The applicant requests a special use for a Planned Development with Site Development Allowances for: 1) 40 dwelling units where 32 dwelling units are allowed; 2) 44.2 ft. and 4 stories in height where 41 ft. and 3 stories is allowed; 3) 5 ft. west rear yard setback where 15 ft. is required; 4) townhouse orientation facing interior and side yards where townhouse orientation must face the street; 5) 7 ft. front yard, 2ft. south interior side yard, and 1ft. west rear yard setbacks for balconies where a 9 ft. front yard setback is required, 4.5 ft. south interior side yard setback is required, and a 13.5 ft. west rear yard setback is required for balconies; and 6) 5' ft.-10 ft. landscape strip along the south and west property boundaries where a 25 ft. wide landscape strip is required. In addition, the applicant may seek and the Plan Commission may consider additional Site Development Allowances as may be necessary or desirable for the proposed development. Ms. Klotz provided and overview of the project, describing the site listing the requested 917 of 921 DRAFT- NOT APPROVED Page 2 of 5 Plan Commission Minutes 2/13/19 site development allowances and proposed public benefits. She also stated that the applicant intends to seek TIF funding, though that is not under the purview of the Plan Commission. Mr. Bill Rotolo, TWM Consulting, introduced the development team then Mr. Mike Cook, Cook Engineering Group, provided more details on the project describing existing conditions, the proposed layout of the site emergency access, and the proposed turnaround at the north end of the site. He added that they will be meeting MWRD requirements and be providing an underground stormwater system and permeable pavers. Mr. Doug Wirth, architect, reviewed the building design and materials. He added that there are two unit types and solar arrays on the roof of each unit. Mr. Craig Burton stated that energy modeling had been done for energy efficiency of the site and net zero guidelines were followed. Mr. Gary Lehman provided information on the landscaping, describing the proposed roof gardens, some private gardens and landscaping proposed along the CTA embankment. A monument sign is proposed at the southeast corner of the site. One of the public benefits includes this landscaping along with a planting proposal at the park along the embankment near the Main Street CTA station and a possible mural. Mr. Javier Milan of Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA) stated that traffic counts were taken on November 8, 2018 at the Main/Custer, Sherman/Main, Custer/public alley intersections, Sherman/Parking Lot 31 drive aisle and the drive leading to Evanston Lumber Yard. All operate at acceptable levels of service. There was suggestion of possibly removing 1 or 2 spaces on Main in order to provide better site lines at the intersection. Since 12 new parking spaces are proposed on Custer Ave., there would still be an overall gain in on-street parking. Mr. Rotolo stated that a market exists for this use as it is not provided in large numbers in Evanston. The typical buyer is mid 40’s to mid-50’s in age with children, if they have them, in high school or older. The prices will range from high $600,000 to high $700,000 with a good amount of living space. He then reviewed the proposed public benefits. Chair Lewis then opened up the public hearing to questions from the Commission. These questions included the following: ● Commissioner Pigozzi stated that the intersection near the site is difficult to navigate and inquired about the existing lot at Evanston Lumber having alley access. Mr. Milan stated that, per staff request, signage would be provided to discourage cutting through the parking lot on the opposite side of the alley off of Sherman Ave. ● Commissioner Pigozzi then stated that nearby Lincoln School is overcrowded and even though it is not under the purview of the Commission, he wondered if 918 of 921 DRAFT- NOT APPROVED Page 3 of 5 Plan Commission Minutes 2/13/19 possible negative effects of TIF on the school had been considered. Mr. Rotolo stated that the proposed use does not generate many school aged children. There may be language within the redevelopment agreement to divert money to the school district. ● Commissioner Goddard asked if a signalized/countdown timer may be necessary at the intersection. ● Commissioner Dubin asked for clarification regarding green roof vs. roof garden. Mr. Lehman explained that there will be a shallow tray system installed with a limited load so what is proposed is a green roof. Ms. Draper asked for clarification on access to that use. Mr. Wirth described the roof top deck that would provide access to the green roof. ● Chair Lewis asked what would be required a front yard. Ms. Klotz responded that the setback of the property is along Custer Ave and is different from what the developers are referring to in front of each unit. Mr. Rotolo added that the fee simple may be adjusted to include areas in front of the home. Covenants will prohibit certain changes. ● Chair Lewis asked if a market study was done. Mr. Rotolo responded yes and that the demand is high. Sales operations will occur during construction, space on Main St. may be rented for this purpose. Construction will begin without presales. Chair Lewis opened up the public hearing to questions from the public. A total of 7 people spoke, including the following: ● Ashaf Manji, resident, stated that he liked the idea of rezoning and that the area will likely become residential. He added that the Commission should consider the proposed concessions. ● Stan Eastman, resident, asked if Evanston Lumber will continue to operate. Mr. Rotolo responded that Evanston Lumber will continue to operate and the proposed development will not take over the site. ● Hilly Hacker, resident, asked if intergenerational homes had been considered. Mr. Rotolo responded that this was not considered and that type of use may not fit with zoning requirements. The layout of the homes somewhat address that. ● Martin Renke inquired about concrete in the alley and who will cover the cost of moving utilities. Mr. Rotolo stated that the cost will be covered by the developer and some utilities will have to be buried. ● Ellyn Frank Miller, resident, asked if cars have access to Custer Ave. Mr. Milan stated that residents will utilize the alley. Mr. Milan stated emergency vehicles can also use Custer Ave for access. Ms. Frank Miller then asked if there was any effect to parking on Main Street by the alley widening and if a 4-way stop may be proposed at Custer Ave. and Main St. Mr. Milan responded that additional signage could be looked at and evaluated and removing a parking space on Main St. could also be considered. A 4-way stop would be a last resort. ● Jeff Silver, resident, voiced concerns regarding the variances needed, adding that the proposed building height is 50% taller than existing surrounding 919 of 921 DRAFT- NOT APPROVED Page 4 of 5 Plan Commission Minutes 2/13/19 structures. He then asked if the developer intended to pave the entire alley to which Mr. Rotolo responded that the portions of the alley adjacent to the site will be paved. ● Robert Fisher, Evanston Lumber, asked if there are any provisions for construction parking and if there is enough room in the alley for two-way traffic. Mr. Rotolo responded that general conversations have occurred with staff regarding parking and that the alley can accommodate two-way traffic. Chair Lewis then asked for public testimony. A total of 7 people spoke including the following: ● Mr. Eastman stated that the site is not appropriate for the proposed use and he strongly urges the Commission to not grant additional development allowance. He added that the nearby intersection is dangerous and residents will likely drive through the parking lot on Sherman Ave. He also stated that the proposed building does not fit into the neighborhood. ● Ms. Hacker asked why the development does not stick to zoning regulations and that stated that the area will be tremendously affected by additional traffic. ● Mr. Renke stated that the location offers a great chance to build something that takes advantage of transit. He suggested that the project could remove some parking and reduce the building height and added that the alley is still too narrow. ● Ms. Frank Miller expressed excitement to see development at the site but concern about traffic, specifically through the parking lot and that staff should address that issue. ● David Adams, resident, asked why the homes are 4 stories and if there are any provisions compensating those affected by the development. Nichols school could be affected, He stated that he has concerns with the nearby intersection and possible bottleneck that could occur. He added that it would be nice to shrink the homes down. ● Mr. Silver stated that he loves the idea but shares the same objections expressed previously. The development should follow existing zoning and setbacks. Encourages denial of the project as is and encourages revisions. ● Mr. Fisher expressed excitement about redevelopment and emphasized that Custer Ave. is the lifeblood of Evanston Lumber and that the Main St. /Custer Ave. intersection is a nightmare. He challenged the applicant to conduct a traffic study in the summer during the busy season. Chair Lewis closed the public hearing and the Commission began its deliberations. Commissioner Halik stated that it is difficult to build affordable housing and he sees prospective purchasers as young families. He expressed that the interior spaces are too efficient. Commissioner Halik continued saying height is not an issue adding that the request is not much higher than the requirement. He also mentioned that there are a variety of architectural styles in the area. Chair Lewis asked for clarification on the requirements versus what is requested. Ms. Klotz responded that 44.2 ft. height is 920 of 921 DRAFT- NOT APPROVED Page 5 of 5 Plan Commission Minutes 2/13/19 requested where 41 ft. is allowed. Commissioner Dubin stated that it is tough to see changes but that this type of housing is needed in Evanston. Commissioner Draper stated that generally, the project is an improvement. The space will be broken up with courtyards but she would like to see more attention paid to the façade facing Custer Ave. She also recommended that net-zero standards be met. Chair Lewis stated that the development is being sold as a transit oriented development and that it is trying to be both convenient and provide more parking. He expressed concern of delivery traffic to Evanston Lumber and that the proposed turnaround could be larger. The Commission then reviewed the standards for approval of Map Amendment, Special Use and Planned Development Guidelines for the proposed development. Commissioner Goddard suggested that a parking space be taken out on Main St. to increase visibility. Commissioner Halik suggested that additional façade consideration be added to make the blank areas friendlier. Commissioner Goddard made a motion to recommend approval of the map amendment, planned development and conditions as presented by staff with the added conditions of the removal of two parking spaces on Main St. and that the applicant continues to work with staff on the facade of the building. Commissioner Draper seconded the motion. A roll call vote was taken and the motion passed, 6-0. Ayes: Draper, Dubin, Goddard, Halik, Lewis, Pigozzi Nays: 921 of 921