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