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03.13.17
CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, March 13, 2017 Administration & Public Works (A&PW) Committee meets at 6 p.m. Planning & Development Committee is cancelled. City Council meeting will convene at conclusion of the A&PW Committee meeting. ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Fiske (II) Mayor Public Announcements (III) City Manager Public Announcements: Transit Planning 4 All Survey (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. 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 to foster dialogue in a respectful and civil manner. Public comments are requested to be made with these guidelines in mind. (VI) Consent Agenda: Alderman Rainey (VII) Report of the Standing Committees Administration & Public Works - Alderman Braithwaite Planning & Development - Alderman Revelle Human Services - Alderman Tendam 1 of 432 City Council Agenda March 13, 2017 Page 2 of 11 (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 CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meetings February 27, 2017 For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) Payroll – February 6, 2017 through February 19, 2017 $ 3,007,215.30 (A2) City of Evanston Bills – March 14, 2017 $ 3,315,207.85 For Action (A3.1) Fourth Quarter Financial Report for Fiscal Year 2016 Staff recommends City Council accept and place the Fourth Quarter Financial Report for FY 2016 on file. For Action: Accept and Place in File (A3.2) Self-Contained Breathing Apparatus Purchase with Municipal Emergency Services, Inc. Staff recommends City Council approval for the purchase of 38 Self-Contained Breathing Apparatus from Municipal Emergency Services, Inc., (124 East First Street, Deer Park, IL 61733). The cost of the purchase is $243,200. The funding will come in part from a grant competition through which the Fire Department won an award of $221,091 from the Department of Homeland Security’s Assistance to Firefighters Grant Program. The City of Evanston is responsible for 10% of that amount ($22,109) under the terms of the grant. The grant match funding source will come from funds budgeted to 100.23.2305.62670. For Action 2 of 432 City Council Agenda March 13, 2017 Page 3 of 11 (A3.3) Professional Service Agreement with Connelly’s Academy for Martial Arts Instruction at the Levy Center Staff recommends that City Council authorize the City Manager to execute a sole source agreement with Connelly’s Academy (9750 Karlov Avenue, Skokie, IL) through December 2018 for a martial arts program services at the Levy Senior Center. Revenue from program registrations are deposited into the General Fund Account, Levy Senior Center 100.30.3055.53565 and expenses for instruction paid from 100.30.3055.62505. Compensation for the vendor is based on the following percentages of revenue collected: 60% Vendor Revenue, 40% City Revenue. Staff projects total 2017 expenditure payments to Connelly’s Academy at $32,400 and revenues of $54,000.00, based on anticipated participation. For Action (A3.4) Single Source Purchase of Ford Original Equipment Manufacturer Parts and Vehicle Service from Golf Mill Ford Staff recommends City Council approval of a single source purchase of Original Equipment Manufacturer (OEM) parts and service with Golf Mill Ford Inc. (9401 N. Milwaukee Avenue, Niles, IL) in the amount of $86,500 through March of 2018. In April of 2012, the City went out for bid and Golf Mill Ford was selected as the lowest and only responsive bidder. Golf Mill Ford is the closest OEM dealer and will provide the City with a 30% discount off list price for parts. Funding for this purchase will be from the Major Maintenance, Materials to Maintain Autos Fund (Account 600.26.7710.65060), with a breakdown as follows: $69,500 for FY 2017 (with a budget of $1,050,000), and $17,000 for January – March 2018. For Action (A3.5) Contract Renewal for Tire Repair and Recap Services from Wentworth Tire Service Staff recommends City Council approval for the City Manager to authorize a one (1) year renewal for tire repair and recap services in the amount of $24,672 with Wentworth Tire Service (300 North York Road, Bensenville, IL). In April 2016, staff solicited bids for tire mounting, dismounting, and recapping services for a one (1) year period, with the right to extend the agreement for up to two (2) one- year periods. This will be the first one (1) year request for renewal. Funding will be from the Tires and Tubes Fund (Account 600.19.7710.65065) with a budget of $100,000. For Action 3 of 432 City Council Agenda March 13, 2017 Page 4 of 11 (A3.6) Contract with Christopher B. Burke Engineering, Ltd. For Engineering Services for Phase 3 of the Fountain Square Renovation Project Staff recommends City Council authorize the City Manager to amend an existing engineering services contract for Phase 3 of the Fountain Square Renovation Project (RFP No. 15-68) with Christopher B. Burke Engineering, Ltd (9575 W. Higgins Road, Suite 600, Rosemont, IL 60018), in the amount of $345,634.01. This will modify the existing agreement amount from $401,897.88 to $747,531.89 and extend the contract deadline from June 30, 2017 to June 30, 2018. Funding is available from multiple funds as identified in the 2017 Capital Improvements Plan and as noted: $180,000 from the Washington National TIF (Account 415.40.4217.62145 – 516004) with a FY 2017 Budget of $180,000; and $165,634.01 from the 2017 GO Bond in the Capital Improvements Fund (from other project savings on Sheridan Rd/Chicago Ave project) (Account 415.40.4117.62145 – 516004) with a FY 2017 Budget of $200,000. No other project will be deferred as a result of the use of the Sheridan/Chicago Avenue cost savings. For Action (A3.7) Contract with Copenhaver Construction for Fountain Square Renovations Staff recommends City Council authorize the City Manager to execute a contract for the Fountain Square Renovation Project with Copenhaver Construction (75 Koppie Drive, Gilberts, Illinois) in the amount of $5,900,266.70. Funding is available from multiple funds as identified in the 2017 Capital Improvements Plan and as noted: $4,740,000 from the Washington National TIF (Account 415.40.4217.65515 – 516004) with a FY 2017 Budget of $4,740,000; $262,960.00 from the 2017 GO Bond in the Capital Improvements Fund (for Alt #7 - Sheridan Road lighting) (Account 415.40.4117.65515 – 415450) with a FY 2017 Budget of $290,000; and $897,306.70 from the 2017 GO Bond in the Capital Improvements Fund (from other project savings) (Account 415.40.4117.65515 – 516004) with a FY 2017 Budget of $1,000,000. For Action (A3.8) Contract with Landscape Concepts Management, Inc. for 2017 Green Bay Road Landscape Maintenance Staff recommends City Council authorize the City Manager to execute a contract for the 2017 Green Bay Road Landscape Maintenance contract to the low bidder, Landscape Concepts Management, Inc., (31745 Alleghany Rd., Grayslake, IL, 60030) in the amount of $24,966.90. Funding for this project is included in the proposed FY 2017 General Fund budget (Account 100.40.4330.62195), which has a total allocation of $142,000.00. For Action 4 of 432 City Council Agenda March 13, 2017 Page 5 of 11 (A3.9) Contract with Schroeder & Schroeder, Inc. for the 50/50 Sidewalk Replacement Project Staff recommends City Council authorize the City Manager to execute a contract for the 2017 50/50 Sidewalk Replacement Project (Bid No. 17-12) with Schroeder & Schroeder Inc. (7306 Central Park Avenue, Skokie, IL 60076) in the amount of $208,900.00. Funding will be provided from the Capital Improvement Program (CIP) General Obligation Bonds (Account 415.40.4117.65515 – 417021) in the amount of $150,000 and from estimated private funds in the amount of $58,900. This project is budgeted at $150,000 for FY 2017. For Action (A3.10)Contract Extension for Pavement Patching with J.A. Johnson Paving Company Staff recommends that City Council authorize the City Manager to execute a one year contract extension for pavement patching with J.A. Johnson Paving Company (1025 E. Addison Ct., Arlington Heights, IL) in the amount of $600,000.00. This contract award is part of a bid let by the Municipal Partnering Initiative. Funding for this service will be from the Capital Improvement Fund (Account 415.40.4116.65515 - 417023) which has $600,000 budgeted for the supplemental patching program in 2017. For Action (A3.11)Sole Source Purchase of Concrete from Ozinga Ready Mix Concrete, 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 $42,100. Funding will be provided as follows: General Fund (Account 100.40.4510.65055 with a budget of $100,000) in the amount of $26,900; Water Fund (Account 510.40.4540.65051 with a budget of $27,600) in the amount of $7,600; Sewer Fund (Account 515.40.4530.65051 with a budget of $10,000) in the amount of $7,600. For Action (A3.12)Contract with Hoerr Construction for the 2017 CIPP Contract A Staff recommends that City Council authorize the City Manager to execute a contract for the 2017 CIPP Sewer Rehabilitation Contract A (Bid No. 17-15) with Hoerr Construction, Inc. (1601-D W. Luthy Drive, Peoria, IL) in the amount of $210,088.00. Funding for this project is from Sewer Fund, Account 515.40.4535.62461 - 417010, which has a FY 2017 budget of $665,000. For Action 5 of 432 City Council Agenda March 13, 2017 Page 6 of 11 (A3.13)Howard Street Theatre Architectural Services Contract with Ross Barney Architects, LLC Staff recommends that City Council authorize the City Manager to execute a contract to provide architectural services for the Howard Street Theatre with Ross Barney Architects, LLC (10 W. Hubbard, Chicago, IL) in the amount of $150,455. Funding for this project will be provided from Capital Improvement Program (CIP) Howard-Ridge TIF funds (Account 415.40.4116.62145 – 617016), which has an FY 2017 budget allocation of $1,400,000. The Howard Ridge TIF will issue debt and will pay the debt service costs for the architectural and construction costs for this project. For Action (A3.14)Howard Street Corridor Improvement Project Engineering Services Contract with Christopher B. Burke Engineering, Ltd. Staff recommends that City Council authorize the City Manager to execute a contract to provide Phase I Engineering Services for the Howard Street Corridor Improvement Project with Christopher B. Burke Engineering, Ltd. (9575 W. Higgins Road, Suite 600 Rosemont, IL 60018) in the amount of $289,820.70. This project will be funded from the City’s Capital Improvement Program (CIP) 2017 General Obligation Bonds (Account No. 415.40.4117.65515-417002), which has an FY 2017 budget of $300,000. For Action (A3.15)Report Regarding Northwestern University’s Voluntary Annual Payments Referenced in its January 31, 2017 Letter to the City Staff recommends City Council receive this report regarding a recent Northwestern University property acquisition of 1840 Oak Avenue and a status report on the remaining properties owned by Northwestern in the Research Park district. For Action: Accept and Place on File (A4) Resolution 23-R-17, Affirming the City of Evanston’s Commitment to Reimburse District 65 and District 202 Their Respective Shares of Northwestern University’s Payment in Lieu of Taxes Staff recommends City Council adopt Resolution 23-R-17 memorializing the City’s commitment to reimburse Evanston/Skokie School District 65 and Evanston Township High School District 202 their respective shares of Northwestern University’s voluntary annual payments to the City. For Action 6 of 432 City Council Agenda March 13, 2017 Page 7 of 11 (A5) Resolution 24-R-17, Authorizing the City Manager to Sign an Illinois Department of Transportation Resolution for Improvement to Various Evanston Streets Staff recommends City Council adoption of Resolution 24-R-17 authorizing the City Manager to sign an Illinois Department of Transportation Resolution for improvement by municipality under the Illinois Highway Code for Improvements to various Evanston streets. This will allow the use of Motor Fuel Tax Funds in the amount of $1,400,000 for street resurfacing. Funding will be provided from the Motor Fuel Tax Fund (Fund 200) which has a total FY 2017 budget allocation of $1,391,000 and charged to Account 415.40.4217.65515 – 417004. For Action (A6) Ordinance 23-O-17, Lease of City-Owned Property Located at 721-723 Howard Street to Theo Ubique Staff recommends that City Council adopt Ordinance 23-O-17, authorizing the City Manager to execute a lease of City-owned real property located at 721-723 Howard Street with Theo Ubique. The lease would be for ten years and includes four, five-year options for additional lease periods. Rent is proposed to be $3,500 per month or $42,000 annually for the first three years. Theo Ubique will make six payments totaling $204,450 to the City to cover a portion of the costs associated with renovating the building. A two-thirds majority of City Council is required to adopt Ordinance 23-O-17. For Introduction (A7) Ordinance 9-O-17, Increasing the Number of Class D Liquor Licenses for Red Hot Chilli Pepper Restaurant Local Liquor Commissioner recommends City Council adoption of Ordinance 9- O-17, amending City Code Subsection 3-4-6-(D) to increase the number of authorized Class D liquor licenses from fifty-eight (58) to fifty-nine (59) and permit issuance of a Class D license to RHCP Group LLC d/b/a Red Hot Chilli Pepper Restaurant (Company) located at 500 Davis Street, Unit 102. 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. This ordinance was introduced at the February 27, 2017 City Council meeting. For Action 7 of 432 City Council Agenda March 13, 2017 Page 8 of 11 (A8) Ordinance 10-O-17, Increasing the Number of Class W Liquor Licenses for Little Beans Cafe Local Liquor Commissioner recommends City Council adoption of Ordinance 10- O-17, amending City Code Subsection 3-4-6-(W) to increase the number of authorized Class W liquor licenses from one (1) to two (2) and permits issuance of a Class W license to Little Beans Café, LLC d/b/a Little Beans Cafe (Company) located at 430 Asbury Avenue. This license will permit Company to retail sale of beer and wine in commercial indoor recreational facilities only to persons of at least twenty-one (21) years of age for consumption on the premises. This ordinance was introduced at the February 27, 2017 City Council meeting. For Action HUMAN SERVICES COMMITTEE (H1) Resolution 15-R-17, Authorizing the City Manager to Negotiate and Execute an Agreement with Evanston Animal Shelter Association to Serve as the City’s Volunteer Animal Organization Staff recommends City Council adoption of Resolution 15-R-17, authorizing the City Manager to negotiate and execute an agreement between the City of Evanston and the Evanston Animal Shelter Association to serve as the City’s Volunteer Animal Organization for the Evanston Animal Shelter and Adoption Center for a period of two years (June 1, 2017 – May 31, 2019). For Action (H2) Resolution 16-R-17, Authorizing the City Manager to Negotiate and Execute a Grant Agreement with Evanston Animal Shelter Associate to Fund Operations at the Evanston Animal Shelter Staff recommends City Council adoption of Resolution 16-R-17, authorizing the City Manager to negotiate and execute an agreement between the City of Evanston and the Evanston Animal Shelter Association to fund part-time positions for the operations of the Evanston Animal Shelter. The total cost of this agreement would be $65,000 per year and the agreement would run for a period of two years (June 1, 2017 – May 31, 2019) concurrent with the Volunteer Animal Organization Agreement. Funding for this agreement will be provided by Account 100.22.2280.62509 with a 2017 budget of $185,000. For Action 8 of 432 City Council Agenda March 13, 2017 Page 9 of 11 (H3) Resolution 25-R-16, Designating that Portion of Foster Street Between Hartrey Avenue and Emerson Street with the Honorary Street Name Sign, “Rev. Zollie Webb Way” The Parks, Recreation and Community Services Board recommend adoption of Resolution 25-R-17, naming the portion of Foster Street between Hartrey Avenue and Emerson St, with the honorary street name sign, “Rev. Zollie Webb Way”. Funds for the honorary street name sign program is budgeted in the Public Works Agency, Infrastructure and Maintenance Bureau - Traffic Operations' materials fund (Account 100.40.4520.65115). Three street signs are made for the honoree. One sign is installed at each end of the designated one block area and the third sign is given to the honoree. The approximate cost to create each honorary street name sign is $200. For Action ECONOMIC DEVELOPMENT COMMITTEE (O1) Storefront Modernization Program Application for Gross Point Plaza Staff and the Economic Development Committee recommend approval of financial assistance through the Storefront Modernization Program to the owners of Gross Point Plaza shopping center at 2504-2510 Gross Point Road in an amount not-to-exceed $16,500 for façade renovations including accessibility improvements and installation of new windows and doors. Funding will be from the Economic Development Business District Improvement Fund (Account 100.15.5300.65522). The approved Fiscal Year 2017 Budget allocated a total of $350,000 for this account to fund both the Storefront Modernization and Great Merchant Grant programs. To date, $0 has been spent from this account, leaving $350,000 available for expenditure. For Action (O2) Storefront Modernization Program Application for Lake City Cleaners Staff and the Economic Development Committee recommend approval of financial assistance through the Storefront Modernization Program to Lake City Cleaners at 600 Oakton Street in an amount not-to-exceed $10,648 for the installation of an RPZ backflow prevention device and water pressure booster pump within the building’s plumbing systems in order to bring it into compliance with plumbing code requirements. Funding will be from the Economic Development Business District Improvement Fund (Account 100.15.5300.65522). The approved Fiscal Year 2017 Budget allocated a total of $350,000 for this account to fund both the Storefront Modernization and Great Merchant Grant programs. To date, $0 has been spent from this account, leaving $350,000 available for expenditure. For Action 9 of 432 City Council Agenda March 13, 2017 Page 10 of 11 (O3) Storefront Modernization Program Application for Red Hot Chilli Pepper Restaurant Staff and the Economic Development Committee recommend approval of financial assistance through the Storefront Modernization Program to Red Hot Chilli Pepper located at 500 Davis Street in an amount not-to-exceed $10,700 for the façade renovations including the addition of a revolving door, relocation of an accessible entrance, and installation of new windows and signage. Funding will be from the Economic Development Business District Improvement Fund (Account 100.15.5300.65522). The approved Fiscal Year 2017 Budget allocated a total of $350,000 for this account to fund both the Storefront Modernization and Great Merchant Grant programs. To date, $0 has been spent from this account, leaving $350,000 available for expenditure. For Action (O4) Storefront Modernization Program Application for Good to Go Jamaican Cuisine Staff and the Economic Development Committee recommend approval of financial assistance through the Storefront Modernization Program for Good to Go Jamaican’s new location at 711 Howard Street in an amount not-to-exceed $50,000 for renovations including plumbing, electrical, HVAC, concrete work, masonry work, painting, drywall and demolition. Funding will be from the Economic Development Business District Improvement Fund (Account 100.15.5300.65522). The approved Fiscal Year 2017 Budget allocated a total of $350,000 for this account to fund both the Storefront Modernization and Great Merchant Grant programs. To date, $0 has been spent from this account, leaving $350,000 available for expenditure. For Action (O5) Resolution 22-R-17, Good To Go Jamaican Cuisine Request for CDBG Funding The Economic Development Committee and staff recommend City Council approval of Resolution 22-R-17 for a Community Development Block Grant (CDBG) loan in the amount of $25,000 to Good To Go Jamaican Cuisine LLC to purchase equipment needed for their new location at 711 Howard Street. Staff recommends using the CDBG Economic Development Fund (Account 215.21.5260.63064), with a budget of $175,500. To date, $75,000 has been allocated to Economic Development priorities in the City’s 2015-2019 Consolidated Plan and Action Plan. For Action 10 of 432 City Council Agenda March 13, 2017 Page 11 of 11 MEETINGS SCHEDULED THROUGH MARCH 2017 Upcoming Aldermanic Committee Meetings 3/15/2017 6:30 PM M/W/EBE Development Committee 3/16/2017 6:00 PM Harley Clarke Planning Committee 3/20/2017 7:00 PM City Council 3/21/2017 7:00 PM Housing & Community Development Act Committee 3/22/2017 6:00 PM Transportation/Parking Committee 3/22/2017 7:00 PM Economic Development Committee 3/27/2017 6:00 PM Administration & Public Works, Planning & Development, 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. 11 of 432 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, February 27, 2017 Roll Call: Alderman Miller Alderman Holmes Alderman Fiske Alderman Tendam Alderman Braithwaite Alderman Revelle Alderman Wilson Alderman Rainey Alderman Wynne Mayor Tisdahl called the Regular Meeting of the City Council to order. Mayor Public Announcements and Proclamations Mayor Tisdahl gave keys of the City to the following residents: Presented Key to the City to Bernice Weissbourd pioneer in early childhood education Presented Key to the City to Morton Schapiro, President of Northwestern University for his many contributions Presented Key to the City to Bishop Carlis Moody, retired Pastor of Faith Temple Church of God & Christ After the presentations the Mayor announced a short break to greet & meet the honorees. City Manager Public Announcements Introduction of Equity & Empowerment Coordinator, Dr. Patricia A. Efiom was introduced by the City Manager. Farewell to Community Development Director, Mark Muenzer, who will be accepting a position in Northern California. Street Sweeping Schedule was presented by Paul D’Agostino will start March 1, with no ticketing just warnings until April, 1st. He urges all to notice the new signage and times. Evanston Fire Department 2016 Annual Report was provided by Chief Brian Scott. He also mentioned the 3.2 min. response times compared to the 4 min standard. A Full report online video presentation. Marty Lyons gave announcement for property tax assessments appeals due March 27th. Call Mitsy Gibbs at 1-847-448-8168 12 of 432 City Council Agenda February 27, 2017 Page 2 of 7 Communications: City Clerk Clerk Greene announced early voting turnout was a total of 2500 registered voters by closing today. He also mentioned residents could call the clerk’s office for polling info, instead of calling downtown to Clerk David Orr, office. He also read his statement concerning the accusations of membership in Continental Who’s Who. Public Comment Devon Reid stated he wanted to thank the previous committee for supporting the Food Scraps Ordinance, and he hopes further community involvement will be included. Madyln Ducree wanted to know how do you distinguish between the various nationalities and cultural, and the stop & frisk practice and profiling of black people in this city. CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meetings January 23, 2017 and February 13, 2017. For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) Payroll – January 23, 2017 through February 05, 2017 $ 2,967,742.02 (A2) City of Evanston Bills – February 28, 2017 $ 2,336,512.56 Credit Card Activity – Period Ending December 31, 2016 $ 176,542.90 For Action (A3.1) Contract Extension with G & L Contractors for Debris Hauling Staff recommends that City Council authorize the City Manager to execute a one year contract extension for debris hauling with G & L Contractors (7401 N St. Louis Ave Skokie, Illinois) in the amount of $136,000.00. This contract award is part of a bid let by the Municipal Partnering Initiative. Funding for this work will be from the following: $38,000 from the Water Fund (Account 510.40.4540.62415) with a FY2016 Budget of $38,000; $38,000 from the Sewer Fund (Account 515.40.4530.62415) with a FY2016 Budget of $38,000; and $55,000 from the General Fund (Account 100.40.4510.62415) with a FY2016 Budget of $55,000. For Action (A3.2) Contract Extension with G & L Contractors for Granular Materials Staff recommends that City Council authorize the City Manager to execute a one- year contract extension for the purchase of Granular Materials with G & L 13 of 432 City Council Agenda February 27, 2017 Page 3 of 7 Contracting (7401 N. St. Louis Ave, Skokie, IL) in the amount of $36,000. This contract award is part of a bid let by the Municipal Partnering Initiative. Funding for this purchase will be from the following: $20,000 from the Water Fund (Account 510.40.4540.65055) with a budget of $155,000, and $16,000 from the Sewer Fund (Account 515.40.4530.65055) with a budget of $45,000. For Action (A3.3) Agreement with Interra, Inc. for Material Testing Services Staff recommends City Council authorize the City Manager to execute an agreement for Material Testing Services (RFP 17-02) for various capital infrastructure improvement projects with Interra, Inc. (600 Territorial Drive, Suite G, Bolingbrook, IL 60440) in the amount of $150,000. This agreement is for a term of one year with two additional one year options to renew. This agreement is a multiple task order agreement. Additional tasks will be authorized by staff on an as-needed basis. Funding will be provided from the budgets for individual capital projects but will not exceed $150,000 for the initial 12-month contract term. The Request for Proposal included pricing for Task Order 1 which is the first of a series of task orders as various capital projects demand material testing services during the planning, design, and construction phases. Task Order 1 pricing will be paid for as found on the attached transmittal memorandum. For Action (A3.4) Six Month Agreement with Gas Depot Oil Company for Fleet Fuel Purchase Staff recommends approval of fuel purchases for the first six (6) months of Fiscal Year 2017 in the amount of $450,000.00 from Gas Depot Oil Company (8930 N. Waukegan Road, Suite 230, Morton Grove, Illinois 60053). The Gas Depot Oil Company is the current Northwest Municipal Conference Bid winner through July 5, 2017 for all grades and types of fuels that are utilized by the city. Funding for this purchase will be from the Major Maintenance, Materials to Maintain Autos Fund (Account 600.19.7710.65035), with a FY2017 budget of $1,100,000.00. Present fuel prices are $1.73/gallon for 87 octane gasoline and $2.00/gallon for bio-diesel. For Action (A3.5) Purchase of Five Police Replacement Vehicles from Currie Motors Staff recommends City Council approval of the purchase of five (5) Ford Interceptor SUVs for the Evanston Police Department divisions, as follows: one vehicle for Administration, one vehicle for School Resource, and three vehicles for the Patrol Operations. The replacement vehicles will be purchased from Currie Motors (9423 W. Lincoln Highway, Frankfort, IL 60423) in the amount of $138,309. Funding for the vehicles will be from the Equipment Replacement Fund (Account 601.19.7780.65550) which has a budgeted amount of $1,455,422. This expenditure represents 9.5% of this budgeted amount. For Action 14 of 432 City Council Agenda February 27, 2017 Page 4 of 7 (A3.6) Contract Extension with Community Counselling Services Co. LLC for Consulting Services for the Robert Crown Project Staff recommends that City Council authorize the City Manager to execute a contract extension of four months for the period of March through June 2017 for consulting services Community Counselling Services Co., LLC (CCS) located at 155 North Wacker, Suite 1790, Chicago, Illinois 60606 at a total cost of $128,000. Funding will be from the FY 2017 Capital Improvements Fund – Robert Crown Project (Account 415.40.4117.65515), with a budget of $1.5 million. For Action (A4) Resolution 14-R-17, Authorizing the City Manager to Enter into a Lease Agreement with the United States Postal Service for Parking at 1800 Maple Staff recommends that the City Council authorize the City Manager to enter into an amended lease renewal with the United States Postal Service (USPS) Facilities Real Estate Division (7029 Albert Pick Road, Greensboro, N.C., 27498- 1103) for the parking of Postal Service Vehicles in the Maple Avenue Self Park, 1800 Maple Avenue. For Action (A5) Resolution 18-R-17, Regarding Washington National Tax Increment Financing District Surplus Staff recommends the City Council approve Resolution 18-R-17 declaring a surplus of $1.0M from the Howard Washington National Tax Increment Financing District at the end of Fiscal Year 2016. For Action (A6) Resolution 20-R-17, Requesting Grant Funds from Cook County Department of Transportation and Highways for the Phase II Engineering Services of the Main Street Corridor Improvement Project Staff recommends City Council adopt Resolution 20-R-17 authorizing the City Manager to apply for “Invest in Cook” Grant Funds for the Phase II Engineering Services of the Main Street Corridor Improvement Project. The proposed project is on Main Street from Maple Avenue to Hinman Avenue. For Action (A7) Resolution 21-R-17, Authorizing the City Manager to Execute Contract Amendment No. 1 to an Agreement to Supply and Sell Water to the Village of Skokie Staff recommends adoption of Resolution 21-R-17, authorizing the City Manager to execute Contract Amendment No. 1 to an Agreement to Supply and Sell Water to the Village of Skokie Illinois. This amendment would extend the term of the agreement by four months, until June 30, 2017, and increase the wholesale water rate to $1.0797 per 1,000 gallons. For Action 15 of 432 City Council Agenda February 27, 2017 Page 5 of 7 (A8) Ordinance 9-O-17, Increasing the Number of Class D Liquor Licenses for Red Hot Chilli Pepper Restaurant Local Liquor Commissioner recommends City Council adoption of Ordinance 9- O-17, amending City Code Subsection 3-4-6-(D) to increase the number of authorized Class D liquor licenses from fifty-eight (58) to fifty-nine (59) and permit issuance of a Class D license to RHCP Group LLC d/b/a Red Hot Chilli Pepper Restaurant (Company) located at 500 Davis Street, Unit 102. 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. For Introduction (A9) Ordinance 10-O-17, Increasing the Number of Class W Liquor Licenses for Little Beans Cafe Local Liquor Commissioner recommends City Council adoption of Ordinance 10- O-17, amending City Code Subsection 3-4-6-(W) to increase the number of authorized Class W liquor licenses from one (1) to two (2) and permits issuance of a Class W license to Little Beans Café, LLC d/b/a Little Beans Cafe (Company) located at 430 Asbury Avenue. This license will permit Company to retail sale of beer and wine in commercial indoor recreational facilities only to persons of at least twenty-one (21) years of age for consumption on the premises. For Introduction (A10) Ordinance 15-O-17, Decreasing the Number of Class D Liquor Licenses for Starbucks #2444 Staff recommends City Council adoption of Ordinance 15-O-17, amending City Code Subsection 3-4-6-(D) to decrease the number of authorized Class D liquor licenses from forty-seven (47) to forty-six (46). Coffee House Holdings, Inc. d/b/a Starbucks #2444 located at 519 Main Street is not renewing its liquor license. Staff recommends suspension of the rules for Introduction and Action at the February 27, 2017 City Council meeting. For Introduction and Action (A11) Ordinance 16-O-17, Decreasing the Number of Class C Liquor Licenses for Starbucks #243 Staff recommends City Council adoption of Ordinance 16-O-17, amending City Code Subsection 3-4-6-(C) to decrease the number of authorized Class C liquor licenses from twenty-four (24) to twenty-three (23). Coffee House Holdings, Inc. d/b/a Starbucks #243 located at 1734 Sherman Avenue is not renewing its liquor license. Staff recommends suspension of the rules for Introduction and Action at the February 27, 2017 City Council meeting. For Introduction and Action (A12) Ordinance 17-O-17, Decreasing the Number of Class D Liquor Licenses for The Alcove 16 of 432 City Council Agenda February 27, 2017 Page 6 of 7 Staff recommends City Council adoption of Ordinance 17-O-17, amending City Code Subsection 3-4-6-(D) to decrease the number of authorized Class D liquor licenses from forty-six (46) to forty-five (45). NSB Ventures, LLC d/b/a The Alcove located at 512 Main Street is not renewing its liquor license because it is closing. Staff recommends suspension of the rules for Introduction and Action at the February 27, 2017 City Council meeting. For Introduction and Action (A13) Ordinance 1-O-17, Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program Staff recommends adoption of Ordinance 1-O-17 authorizing the City to borrow funds from the Illinois Environmental Protection Agency (IEPA) Water Pollution Control Loan Program for the construction of the Large Diameter Sewer Rehabilitation - Mulford Street Part 2. This ordinance authorizes the City to borrow up to $600,000. The debt service will be paid from the Sewer Fund. A copy of the long-term sewer fund analysis is attached that includes this loan and the debt service for repayment. For Action (A14) Ordinance 6-O-17, Amending Various Sections of the City Code Reducing the Permissible Sound Levels for Mechanical Equipment and Application From 65 dB to 55 dB Staff recommends City Council adopt Ordinance 6-O-17, amending the 2012 International Mechanical Code (IMC), 2012 International Fuel Gas Code (IFGC) and 2012 International Residential Code (IRC), the adopted codes of the City, to reduce the allowed decibel (dBA) of mechanical equipment from 65dBA to 55dBA when measured at an adjacent property line. For Action APPOINTMENTS (APP1)For Reappointment to: Plan Commission Carol Goddard Plan Commission Andrew Pigozzi For Action Alderman Rainey motioned for approval of the Consent Agenda and 2nd by Alderman Braithwaite. The Roll Call Vote was 9-0, and the Consent Agenda was approved. 17 of 432 City Council Agenda February 27, 2017 Page 7 of 7 Call of the Wards Ward 9, Alderman Miller had no report. Ward 1, Alderman Fiske announced her joint 1st & 4th ward meeting on March 7, 7pm Evanston Library. Ward 2, Alderman Braithwaite announced a 2nd ward meeting on Thursday, March 9th. Ward 3, Alderman Wynne welcomed Dr. Efiom as she looks forward to learning from her insights into the city. Ward 4, Alderman W ilson had no report. Ward 5, Alderman Holmes announced the African American Achievement Awards held on Friday at ETHS. She thanked the Mayor for her presentation to Bishop Moody & Bernice Weissbourd. Ward 6, Alderman Tendam just said “VOTE”. Ward 7, Alderman Revelle announced her 8th ward meeting March 8th at the Evanston Arts Center, she mentioned the Harley/Clark Committee meets at 6pm not 6:30. Ward 8, Alderman Rainey announced the honoring of Mayor Tisdahl by Marty Schapiro on Thursday evening that was very well deserved. The Mayor asked for a motion to adjourn many voices responded so moved and it was 2nd by Alderman Braithwaite. The meeting ended. Submitted By, Rodney Greene, MMC City Clerk 18 of 432 ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, March 13, 2017 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 BRAITHWAITE, CHAIR II. PRESENTATION OF THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING AWARD BY THE GOVERNMENT FINANCE OFFICERS ASSOCIATION III. APPROVAL OF MINUTES OF REGULAR MEETING OF FEBRUARY 27, 2017 IV. ITEMS FOR CONSIDERATION ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) Payroll – February 6, 2017 through February 19, 2017 $ 3,007,215.30 (A2) City of Evanston Bills – March 14, 2017 $ 3,315,207.85 For Action (A3.1) Fourth Quarter Financial Report for Fiscal Year 2016 Staff recommends City Council accept and place the Fourth Quarter Financial Report for FY 2016 on file. For Action: Accept and Place in File 19 of 432 (A3.2) Self-Contained Breathing Apparatus Purchase with Municipal Emergency Services, Inc. Staff recommends City Council approval for the purchase of 38 Self-Contained Breathing Apparatus from Municipal Emergency Services, Inc., (124 East First Street, Deer Park, IL 61733). The cost of the purchase is $243,200. The funding will come in part from a grant competition through which the Fire Department won an award of $221,091 from the Department of Homeland Security’s Assistance to Firefighters Grant Program. The City of Evanston is responsible for 10% of that amount ($22,109) under the terms of the grant. The grant match funding source will come from funds budgeted to 100.23.2305.62670. For Action (A3.3) Professional Service Agreement with Connelly’s Academy for Martial Arts Instruction at the Levy Center Staff recommends that City Council authorize the City Manager to execute a sole source agreement with Connelly’s Academy (9750 Karlov Avenue, Skokie, IL) through December 2018 for a martial arts program services at the Levy Senior Center. Revenue from program registrations are deposited into the General Fund Account, Levy Senior Center 100.30.3055.53565 and expenses for instruction paid from 100.30.3055.62505. Compensation for the vendor is based on the following percentages of revenue collected: 60% Vendor Revenue, 40% City Revenue. Staff projects total 2017 expenditure payments to Connelly’s Academy at $32,400 and revenues of $54,000.00, based on anticipated participation. For Action (A3.4) Single Source Purchase of Ford Original Equipment Manufacturer Parts and Vehicle Service from Golf Mill Ford Staff recommends City Council approval of a single source purchase of Original Equipment Manufacturer (OEM) parts and service with Golf Mill Ford Inc. (9401 N. Milwaukee Avenue, Niles, IL) in the amount of $86,500 through March of 2018. In April of 2012, the City went out for bid and Golf Mill Ford was selected as the lowest and only responsive bidder. Golf Mill Ford is the closest OEM dealer and will provide the City with a 30% discount off list price for parts. Funding for this purchase will be from the Major Maintenance, Materials to Maintain Autos Fund (Account 600.26.7710.65060), with a breakdown as follows: $69,500 for FY 2017 (with a budget of $1,050,000), and $17,000 for January – March 2018. For Action 20 of 432 (A3.5) Contract Renewal for Tire Repair and Recap Services from Wentworth Tire Service Staff recommends City Council approval for the City Manager to authorize a one (1) year renewal for tire repair and recap services in the amount of $24,672 with Wentworth Tire Service (300 North York Road, Bensenville, IL). In April 2016, staff solicited bids for tire mounting, dismounting, and recapping services for a one (1) year period, with the right to extend the agreement for up to two (2) one- year periods. This will be the first one (1) year request for renewal. Funding will be from the Tires and Tubes Fund (Account 600.19.7710.65065) with a budget of $100,000. For Action (A3.6) Contract with Christopher B. Burke Engineering, Ltd. For Engineering Services for Phase 3 of the Fountain Square Renovation Project Staff recommends City Council authorize the City Manager to amend an existing engineering services contract for Phase 3 of the Fountain Square Renovation Project (RFP No. 15-68) with Christopher B. Burke Engineering, Ltd (9575 W. Higgins Road, Suite 600, Rosemont, IL 60018), in the amount of $345,634.01. This will modify the existing agreement amount from $401,897.88 to $747,531.89 and extend the contract deadline from June 30, 2017 to June 30, 2018. Funding is available from multiple funds as identified in the 2017 Capital Improvements Plan and as noted: $180,000 from the Washington National TIF (Account 415.40.4217.62145 – 516004) with a FY 2017 Budget of $180,000; and $165,634.01 from the 2017 GO Bond in the Capital Improvements Fund (from other project savings on Sheridan Rd/Chicago Ave project) (Account 415.40.4117.62145 – 516004) with a FY 2017 Budget of $200,000. No other project will be deferred as a result of the use of the Sheridan/Chicago Avenue cost savings. For Action (A3.7) Contract with Copenhaver Construction for Fountain Square Renovations Staff recommends City Council authorize the City Manager to execute a contract for the Fountain Square Renovation Project with Copenhaver Construction (75 Koppie Drive, Gilberts, Illinois) in the amount of $5,900,266.70. Funding is available from multiple funds as identified in the 2017 Capital Improvements Plan and as noted: $4,740,000 from the Washington National TIF (Account 415.40.4217.65515 – 516004) with a FY 2017 Budget of $4,740,000; $262,960.00 from the 2017 GO Bond in the Capital Improvements Fund (for Alt #7 - Sheridan Road lighting) (Account 415.40.4117.65515 – 415450) with a FY 2017 Budget of $290,000; and $897,306.70 from the 2017 GO Bond in the Capital Improvements Fund (from other project savings) (Account 415.40.4117.65515 – 516004) with a FY 2017 Budget of $1,000,000. For Action 21 of 432 (A3.8) Contract with Landscape Concepts Management, Inc. for 2017 Green Bay Road Landscape Maintenance Staff recommends City Council authorize the City Manager to execute a contract for the 2017 Green Bay Road Landscape Maintenance contract to the low bidder, Landscape Concepts Management, Inc., (31745 Alleghany Rd., Grayslake, IL, 60030) in the amount of $24,966.90. Funding for this project is included in the proposed FY 2017 General Fund budget (Account 100.40.4330.62195), which has a total allocation of $142,000.00. For Action (A3.9) Contract with Schroeder & Schroeder, Inc. for the 50/50 Sidewalk Replacement Project Staff recommends City Council authorize the City Manager to execute a contract for the 2017 50/50 Sidewalk Replacement Project (Bid No. 17-12) with Schroeder & Schroeder Inc. (7306 Central Park Avenue, Skokie, IL 60076) in the amount of $208,900.00. Funding will be provided from the Capital Improvement Program (CIP) General Obligation Bonds (Account 415.40.4117.65515 – 417021) in the amount of $150,000 and from estimated private funds in the amount of $58,900. This project is budgeted at $150,000 for FY 2017. For Action (A3.10)Contract Extension for Pavement Patching with J.A. Johnson Paving Company Staff recommends that City Council authorize the City Manager to execute a one year contract extension for pavement patching with J.A. Johnson Paving Company (1025 E. Addison Ct., Arlington Heights, IL) in the amount of $600,000.00. This contract award is part of a bid let by the Municipal Partnering Initiative. Funding for this service will be from the Capital Improvement Fund (Account 415.40.4116.65515 - 417023) which has $600,000 budgeted for the supplemental patching program in 2017. For Action (A3.11)Sole Source Purchase of Concrete from Ozinga Ready Mix Concrete, 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 $42,100. Funding will be provided as follows: General Fund (Account 100.40.4510.65055 with a budget of $100,000) in the amount of $26,900; Water Fund (Account 510.40.4540.65051 with a budget of $27,600) in the amount of $7,600; Sewer Fund (Account 515.40.4530.65051 with a budget of $10,000) in the amount of $7,600. For Action 22 of 432 (A3.12)Contract with Hoerr Construction for the 2017 CIPP Contract A Staff recommends that City Council authorize the City Manager to execute a contract for the 2017 CIPP Sewer Rehabilitation Contract A (Bid No. 17-15) with Hoerr Construction, Inc. (1601-D W. Luthy Drive, Peoria, IL) in the amount of $210,088.00. Funding for this project is from Sewer Fund, Account 515.40.4535.62461 - 417010, which has a FY 2017 budget of $665,000. For Action (A3.13)Howard Street Theatre Architectural Services Contract with Ross Barney Architects, LLC Staff recommends that City Council authorize the City Manager to execute a contract to provide architectural services for the Howard Street Theatre with Ross Barney Architects, LLC (10 W. Hubbard, Chicago, IL) in the amount of $150,455. Funding for this project will be provided from Capital Improvement Program (CIP) Howard-Ridge TIF funds (Account 415.40.4116.62145 – 617016), which has an FY 2017 budget allocation of $1,400,000. The Howard Ridge TIF will issue debt and will pay the debt service costs for the architectural and construction costs for this project. For Action (A3.14)Howard Street Corridor Improvement Project Engineering Services Contract with Christopher B. Burke Engineering, Ltd. Staff recommends that City Council authorize the City Manager to execute a contract to provide Phase I Engineering Services for the Howard Street Corridor Improvement Project with Christopher B. Burke Engineering, Ltd. (9575 W. Higgins Road, Suite 600 Rosemont, IL 60018) in the amount of $289,820.70. This project will be funded from the City’s Capital Improvement Program (CIP) 2017 General Obligation Bonds (Account No. 415.40.4117.65515-417002), which has an FY 2017 budget of $300,000. For Action (A3.15)Report Regarding Northwestern University’s Voluntary Annual Payments Referenced in its January 31, 2017 Letter to the City Staff recommends City Council receive this report regarding a recent Northwestern University property acquisition of 1840 Oak Avenue and a status report on the remaining properties owned by Northwestern in the Research Park district. For Action: Accept and Place on File (A4) Resolution 23-R-17, Affirming the City of Evanston’s Commitment to Reimburse District 65 and District 202 Their Respective Shares of Northwestern University’s Payment in Lieu of Taxes Staff recommends City Council adopt Resolution 23-R-17 memorializing the City’s commitment to reimburse Evanston/Skokie School District 65 and Evanston Township High School District 202 their respective shares of Northwestern University’s voluntary annual payments to the City. For Action 23 of 432 (A5) Resolution 24-R-17, Authorizing the City Manager to Sign an Illinois Department of Transportation Resolution for Improvement to Various Evanston Streets Staff recommends City Council adoption of Resolution 24-R-17 authorizing the City Manager to sign an Illinois Department of Transportation Resolution for improvement by municipality under the Illinois Highway Code for Improvements to various Evanston streets. This will allow the use of Motor Fuel Tax Funds in the amount of $1,400,000 for street resurfacing. Funding will be provided from the Motor Fuel Tax Fund (Fund 200) which has a total FY 2017 budget allocation of $1,391,000 and charged to Account 415.40.4217.65515 – 417004. For Action (A6) Ordinance 23-O-17, Lease of City-Owned Property Located at 721-723 Howard Street to Theo Ubique Staff recommends that City Council adopt Ordinance 23-O-17, authorizing the City Manager to execute a lease of City-owned real property located at 721-723 Howard Street with Theo Ubique. The lease would be for ten years and includes four, five-year options for additional lease periods. Rent is proposed to be $3,500 per month or $42,000 annually for the first three years. Theo Ubique will make six payments totaling $204,450 to the City to cover a portion of the costs associated with renovating the building. A two-thirds majority of City Council is required to adopt Ordinance 23-O-17. For Introduction V. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 24 of 432 Page 1; Rev. 3/8/2017 11:14:38 AM Administration and Public Works Committee Meeting Minutes of February 27, 2017 James C. Lytle Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: P. Braithwaite, A. Rainey, D. Holmes, B. Miller, M. Wynne STAFF PRESENT: E. Storlie, M. Lyons, D. Stoneback, W. Bobkiewicz, S. Flax, R. Voss, K. Jensen, J. Maiworm, L. Biggs, E. Sanchez, S. Nagar, T. Nunez, P. D’Agostino, R. Dahal, DC Parrott, M. Treto, A. MacKey, Ald. Revelle, Mayor Tisdahl STAFF ABSENT: G. Farrar, E. Thomas-Smith, S. Levine, Chief Eddington, K. Knapp, G. Gerdes, M. Muenzer, Chief Scott, DC Pickett, DC Barnes, L. Hemingway, D. King, K. Danczak-Lyons, B. Dorneker, K. Richardson, J. Leonard PRESIDING OFFICIAL: Ald. Braithwaite I. DECLARATION OF A QUORUM: ALDERMAN BRAITHWAITE, CHAIR A quorum being present, Ald. Braithwaite called the meeting to order at 6:04p.m. II. APPROVAL OF MINUTES OF REGULAR MEETING OF FEBRUARY 13, 2017 Ald. Rainey moved to accept the Minutes of February 13, 2017 A&PW meeting as submitted, seconded by Ald. Miller. The Minutes of the February 13, 2017 A&PW meeting were approved unanimously 4-0. III. ITEMS FOR CONSIDERATION (A1) Payroll – January 23, 2017 through February 5, 2017 $ 2,967,742.02 (A2) City of Evanston Bills – February 28, 2017 $ 2,336,512.56 Credit Card Activity – Period Ending December 31, 2016 $ 176,542.90 For Action Ald. Miller moved to recommend approval of the City of Evanston Payroll through February 5, 2017, FY 2017 City of Evanston bills through February 28, 2017 and credit card activity for the period ending December 31, 2016, seconded by Ald. Rainey. The Committee voted unanimously 4-0 to approve the payroll and bills. (A3.1) Contract Extension with G & L Contractors for Debris Hauling Staff recommends that City Council authorize the City Manager to execute a one year contract extension for debris hauling with G & L Contractors (7401 N St. Louis Ave Skokie, Illinois) in the amount of $136,000.00. This contract award is DRAFT - NOT APPROVED 25 of 432 Page 2; Rev. 3/8/2017 11:14:38 AM part of a bid let by the Municipal Partnering Initiative. Funding for this work will be from the following: $38,000 from the Water Fund (Account 510.40.4540.62415) with a FY2016 Budget of $38,000; $38,000 from the Sewer Fund (Account 515.40.4530.62415) with a FY2016 Budget of $38,000; and $55,000 from the General Fund (Account 100.40.4510.62415) with a FY2016 Budget of $55,000. For Action Ald. Rainey moved to recommend City Council authorize the City Manager to execute a one year contract extension for debris hauling with G & L Contractors in the amount of $136,000.00, seconded by Ald. Holmes. The Committee voted unanimously 4-0 to approve the contract. (A3.2) Contract Extension with G & L Contractors for Granular Materials Staff recommends that City Council authorize the City Manager to execute a one- year contract extension for the purchase of Granular Materials with G & L Contracting (7401 N. St. Louis Ave, Skokie, IL) in the amount of $36,000. This contract award is part of a bid let by the Municipal Partnering Initiative. Funding for this purchase will be from the following: $20,000 from the Water Fund (Account 510.40.4540.65055) with a budget of $155,000, and $16,000 from the Sewer Fund (Account 515.40.4530.65055) with a budget of $45,000. For Action Ald. Holmes moved to recommend that City Council authorize the City Manager to execute a one-year contract extension for the purchase of Granular Materials with G & L Contracting in the amount of $36,000, seconded by Ald. Rainey. The Committee voted unanimously 4-0 to approve the contract. (A3.3) Agreement with Interra, Inc. for Material Testing Services Staff recommends City Council authorize the City Manager to execute an agreement for Material Testing Services (RFP 17-02) for various capital infrastructure improvement projects with Interra, Inc. (600 Territorial Drive, Suite G, Bolingbrook, IL 60440) in the amount of $150,000. This agreement is for a term of one year with two additional one year options to renew. This agreement is a multiple task order agreement. Additional tasks will be authorized by staff on an as-needed basis. Funding will be provided from the budgets for individual capital projects but will not exceed $150,000 for the initial 12-month contract term. The Request for Proposal included pricing for Task Order 1 which is the first of a series of task orders as various capital projects demand material testing services during the planning, design, and construction phases. Task Order 1 pricing will be paid for as found on the attached transmittal memorandum. For Action Ald. Miller moved to recommend City Council authorize the City Manager to execute an agreement for Material Testing Services (RFP 17-02) for various capital infrastructure improvement projects with Interra, Inc. in the amount of $150,000, seconded by Ald. Rainey. The Committee voted unanimously 4-0 to approve the contract extension. 26 of 432 Page 3; Rev. 3/8/2017 11:14:38 AM (A3.4) Six Month Agreement with Gas Depot Oil Company for Fleet Fuel Purchase Staff recommends approval of fuel purchases for the first six (6) months of Fiscal Year 2017 in the amount of $450,000.00 from Gas Depot Oil Company (8930 N. Waukegan Road, Suite 230, Morton Grove, Illinois 60053). The Gas Depot Oil Company is the current Northwest Municipal Conference Bid winner through July 5, 2017 for all grades and types of fuels that are utilized by the city. Funding for this purchase will be from the Major Maintenance, Materials to Maintain Autos Fund (Account 600.19.7710.65035), with a FY2017 budget of $1,100,000.00. Present fuel prices are $1.73/gallon for 87 octane gasoline and $2.00/gallon for bio-diesel. For Action Ald. Rainey moved to recommend approval of fuel purchases for the first six (6) months of Fiscal Year 2017 in the amount of $450,000.00 from Gas Depot Oil Company, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to approve the purchases (Ald. Wynne arrived at 6:07pm). (A3.5) Purchase of Five Police Replacement Vehicles from Currie Motors Staff recommends City Council approval of the purchase of five (5) Ford Interceptor SUVs for the Evanston Police Department divisions, as follows: one vehicle for Administration, one vehicle for School Resource, and three vehicles for the Patrol Operations. The replacement vehicles will be purchased from Currie Motors (9423 W. Lincoln Highway, Frankfort, IL 60423) in the amount of $138,309. Funding for the vehicles will be from the Equipment Replacement Fund (Account 601.19.7780.65550) which has a budgeted amount of $1,455,422. This expenditure represents 9.5% of this budgeted amount. For Action Ald. Holmes moved to recommend City Council approval of the purchase of five (5) Ford Interceptor SUVs for the Evanston Police Department divisions, as follows: one vehicle for Administration, one vehicle for School Resource, and three vehicles for the Patrol Operations from Currie Motors in the amount of $138,309, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to approve the purchase. (A3.6) Contract Extension with Community Counselling Services Co. LLC for Consulting Services for the Robert Crown Project Staff recommends that City Council authorize the City Manager to execute a contract extension of four months for the period of March through June 2017 for consulting services Community Counselling Services Co., LLC (CCS) located at 155 North Wacker, Suite 1790, Chicago, Illinois 60606 at a total cost of $128,000. Funding will be from the FY 2017 Capital Improvements Fund – Robert Crown Project (Account 415.40.4117.65515), with a budget of $1.5 million. For Action 27 of 432 Page 4; Rev. 3/8/2017 11:14:38 AM Ald. Wynne moved to recommend City Council authorize the City Manager to execute a contract extension of four months for the period of March through June 2017 for consulting services Community Counselling Services Co., LLC (CCS) at a total cost of $128,000, seconded by Ald. Miller. The Committee voted unanimously 5-0 to approve the contract. (A4) Resolution 14-R-17, Authorizing the City Manager to Enter into a Lease Agreement with the United States Postal Service for Parking at 1800 Maple Staff recommends that the City Council authorize the City Manager to enter into an amended lease renewal with the United States Postal Service (USPS) Facilities Real Estate Division (7029 Albert Pick Road, Greensboro, N.C., 27498- 1103) for the parking of Postal Service Vehicles in the Maple Avenue Self Park, 1800 Maple Avenue. For Action Ald. Miller moved to recommend City Council authorize the City Manager to enter into an amended lease renewal with the United States Postal Service (USPS) Facilities Real Estate for the parking of Postal Service Vehicles in the Maple Avenue Self Park, 1800 Maple Avenue, seconded by Ald. Rainey. Ald. Rainey discussed general dissatisfaction of the delivery service provided by the post office. Ald. Holmes agreed that it is very difficult to receive a response either by phone or in person. Assistant City Manager Lyons explained that the City worked with a third-party leasing agent to negotiate the terms of the lease. The City will receive a great rate for the parking spaces in the Maple Garage. Ald. Wynne suggested working collectively with Rep. Jan Schakowsky on the service issues with the post office. She noted that in her time on Capitol Hill, letters from Congress were and effective tool to encourage a response. She added that moving postal vehicles from the lot on Maple into the garage will benefit the patrons of restaurants in the area. City Manager Wally Bobkiewicz offered to return to a future meeting to discuss post office operations. The Committee voted unanimously 5-0 to approve the lease renewal. (A5) Resolution 18-R-17, Regarding Washington National Tax Increment Financing District Surplus Staff recommends the City Council approve Resolution 18-R-17 declaring a surplus of $1.0M from the Washington National Tax Increment Financing District at the end of Fiscal Year 2016. For Action Ald. Miller moved to recommend City Council approve Resolution 18-R-17 declaring a surplus of $1.0M from the Washington National Tax Increment Financing District at the end of Fiscal Year 2016, seconded by Ald. Rainey. 28 of 432 Page 5; Rev. 3/8/2017 11:14:38 AM The Committee voted unanimously 5-0 to approve the surplus. (A6) Resolution 20-R-17, Requesting Grant Funds from Cook County Department of Transportation and Highways for the Phase II Engineering Services of the Main Street Corridor Improvement Project Staff recommends City Council adopt Resolution 20-R-17 authorizing the City Manager to apply for “Invest in Cook” Grant Funds for the Phase II Engineering Services of the Main Street Corridor Improvement Project. The proposed project is on Main Street from Maple Avenue to Hinman Avenue. For Action Ald. Rainey moved to recommend City Council adopt Resolution 20-R-17 authorizing the City Manager to apply for “Invest in Cook” Grant Funds for the Phase II Engineering Services of the Main Street Corridor Improvement Project on Main Street from Maple Avenue to Hinman Avenue, seconded by Ald. Wynne. Ald. Miller thanked Sat Nagar and Lara Biggs for their work on this project. The Committee voted unanimously 5-0 to approve the application. (A7) Resolution 21-R-17, Authorizing the City Manager to Execute Contract Amendment No. 1 to an Agreement to Supply and Sell Water to the Village of Skokie Staff recommends adoption of Resolution 21-R-17, authorizing the City Manager to execute Contract Amendment No. 1 to an Agreement to Supply and Sell Water to the Village of Skokie Illinois. This amendment would extend the term of the agreement by four months, until June 30, 2017, and increase the wholesale water rate to $1.0797 per 1,000 gallons. For Action Ald. Holmes moved to recommend City Council adoption of Resolution 21- R-17, authorizing the City Manager to execute Contract Amendment No. 1 to an Agreement to Supply and Sell Water to the Village of Skokie Illinois. extending the term of the agreement by four months, until June 30, 2017, and increase the wholesale water rate to $1.0797 per 1,000 gallons, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to approve the agreement. (A8) Ordinance 9-O-17, Increasing the Number of Class D Liquor Licenses for Red Hot Chili Pepper Restaurant Local Liquor Commissioner recommends City Council adoption of Ordinance 9- O-17, amending City Code Subsection 3-4-6-(D) to increase the number of authorized Class D liquor licenses from fifty-eight (58) to fifty-nine (59) and permit issuance of a Class D license to RHCP Group LLC d/b/a Red Hot Chili Pepper Restaurant (Company) located at 500 Davis Street, Unit 102. 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. 29 of 432 Page 6; Rev. 3/8/2017 11:14:38 AM For Introduction Ald. Wynne moved to recommend City Council adoption of Ordinance 9-O- 17, amending City Code Subsection 3-4-6-(D) to increase the number of authorized Class D liquor licenses from fifty-eight (58) to fifty-nine (59) and permit issuance of a Class D license to RHCP Group LLC d/b/a Red Hot Chili Pepper Restaurant (Company) located at 500 Davis Street, Unit 102 , seconded by Ald. Rainey The representative from Red Hot Chili Pepper indicated the cuisine is Indian- Chinese fusion. He hopes to be open in the next 2 months. The Committee voted unanimously 5-0 to adopt the ordinance. (A9) Ordinance 10-O-17, Increasing the Number of Class W Liquor Licenses for Little Beans Cafe Local Liquor Commissioner recommends City Council adoption of Ordinance 10- O-17, amending City Code Subsection 3-4-6-(W) to increase the number of authorized Class W liquor licenses from one (1) to two (2) and permits issuance of a Class W license to Little Beans Café, LLC d/b/a Little Beans Cafe (Company) located at 430 Asbury Avenue. This license will permit Company to retail sale of beer and wine in commercial indoor recreational facilities only to persons of at least twenty-one (21) years of age for consumption on the premises. For Introduction Ald. Miller moved to recommend City Council adopt Ordinance 10-O-17, amending City Code Subsection 3-4-6-(W) to increase the number of authorized Class W liquor licenses from one (1) to two (2) and permits issuance of a Class W license to Little Beans Café, LLC d/b/a Little Beans Cafe (Company) located at 430 Asbury Avenue, seconded by Ald. Wynne. The Committee voted unanimously 5-0 to adopt the ordinance. (A10) Ordinance 15-O-17, Decreasing the Number of Class D Liquor Licenses for Starbucks #2444 Staff recommends City Council adoption of Ordinance 15-O-17, amending City Code Subsection 3-4-6-(D) to decrease the number of authorized Class D liquor licenses from forty-seven (47) to forty-six (46). Coffee House Holdings, Inc. d/b/a Starbucks #2444 located at 519 Main Street is not renewing its liquor license. Staff recommends suspension of the rules for Introduction and Action at the February 27, 2017 City Council meeting. For Introduction and Action Ald. Rainey moved to suspend the rules and recommend City Council adopt Ordinance 15-O-17, amending City Code Subsection 3-4-6-(D) to decrease the number of authorized Class D liquor licenses from forty- seven (47) to forty-six (46), seconded by Ald. Wynne. The Committee voted unanimously 5-0 to adopt the ordinance. 30 of 432 Page 7; Rev. 3/8/2017 11:14:38 AM (A11) Ordinance 16-O-17, Decreasing the Number of Class C Liquor Licenses for Starbucks #243 Staff recommends City Council adoption of Ordinance 16-O-17, amending City Code Subsection 3-4-6-(C) to decrease the number of authorized Class C liquor licenses from twenty-four (24) to twenty-three (23). Coffee House Holdings, Inc. d/b/a Starbucks #243 located at 1734 Sherman Avenue is not renewing its liquor license. Staff recommends suspension of the rules for Introduction and Action at the February 27, 2017 City Council meeting. For Introduction and Action Ald. Rainey moved to suspend the rules and recommend City Council adopt Ordinance 16-O-17, amending City Code Subsection 3-4-6-(C) to decrease the number of authorized Class C liquor licenses from twenty- four (24) to twenty-three (23), seconded by Ald. Wynne. The Committee voted unanimously 5-0 to adopt the ordinance. (A12) Ordinance 17-O-17, Decreasing the Number of Class D Liquor Licenses for The Alcove Staff recommends City Council adoption of Ordinance 17-O-17, amending City Code Subsection 3-4-6-(D) to decrease the number of authorized Class D liquor licenses from forty-six (46) to forty-five (45). NSB Ventures, LLC d/b/a The Alcove located at 512 Main Street is not renewing its liquor license because it is closing. Staff recommends suspension of the rules for Introduction and Action at the February 27, 2017 City Council meeting. For Introduction and Action Ald. Holmes moved to suspend the rules and recommend City Council adopt Ordinance 17-O-17, amending City Code Subsection 3-4-6-(D) to decrease the number of authorized Class D liquor licenses from forty-six (46) to forty-five (45), seconded by Ald. Wynne. The Committee voted unanimously 5-0 to adopt the ordinance. IV. ITEMS FOR DISCUSSION (APW1)Residential Solid Waste Request for Proposals City staff request feedback on the draft request for proposals (RFP) for residential solid waste services that will be issued in March, 2017. Staff will provide a presentation on the overview of existing services and contracts as well as recommended changes to include in the 2017 RFP. For Discussion Public Works Agency Director David Stoneback explained that the current solid waste contract ends October 31, 2017. He proposes a 5 year contract with 3 year renewals at the City’s discretion. Director Stoneback suggested that by combining residential and condominium contracts the City could potentially see some savings. There are 12,000 yard waste stops, but only 6,000 yard waste carts issued. He proposes permitting yard waste bags in the fall only to reduce the number of stops throughout the year. He also suggested offering smaller yard waste carts at a lower monthly price. 31 of 432 Page 8; Rev. 3/8/2017 11:14:38 AM Ald. Wynne believes there needs to be extensive resident education about yard waste schedules and pickups. Director Stoneback also discussed composting food scraps using yard waste containers. Pickups would continue to occur each week. He noted that yard waste stickers for bags cost $1.75 each, yard waste carts are $82.50 to purchase and $25 per year for pickup service. The current cost of the pickup service does not cover the expenses. Ald. Miller thinks cost of collection could be covered by raising the fees of yard waste carts and stickers. Ald. Wynne stated that increasing the cost of yard waste carts could discourage residents from purchasing one. She was also concerned about the food scrap rodent implications. Director Stoneback discussed open food composting with different yard waste containers. He noted a private food scrap subscription service in town. Director Stoneback noted that the City would like to include penalties in the contract for excessive complaints. The City would also like to include a local employment provision requiring an Evanston resident work for the vendor. He will return to a future meeting with a more detailed proposal. Ald. Braithwaite made reference to a follow up meeting with the current service provider to discuss issues in the second, fifth and eighth wards. Director Stoneback will schedule the meeting. V. COMMUNICATIONS VI. ADJOURNMENT Ald. Rainey moved to adjourn the meeting at 6:54pm. 32 of 432 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Tera Davis, Accounts Payable Coordinator Subject: City of Evanston Payroll and Bills Date: March 7, 2017 Recommended Action: Staff recommends approval of the City of Evanston Payroll and Bills List. Summary: Payroll – February 06, 2017 through February 19, 2017 $ 3,007,215.30 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – March 14, 2017 $ 3,315,207.85 General Fund Amount – Bills list $ 440,947.24 TOTAL AMOUNT OF BILLS LIST & PAYROLL $ 6,322,423.15 *Advanced checks are issued prior to submission of the Bills List to the City Council for emergency purposes, to avoid penalty, or to take advantage of early payment discounts. Attachments: Bills List For City Council meeting of March 13, 2017 Items A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 33 of 432 CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.14.2017 100 GENERAL FUND 100 GENERAL SUPPORT 21639 EYE MED VISION CARE EYEMED MONTHLY INVOICE 4,021.14 21640 METLIFE SMALL BUSINESS CENTER METLIFE-DENTAL INSURANCE MONTHLY INVOICE 22,115.34 21640 GUARDIAN GUARDIAN-DENTAL INSURANCE-MONTHLY INVOICE 17,442.85 21650 NATIONAL GUARDIAN LIFE INSURANCE CO.NGL INSURANCE-MONTHLY INVOICE 249.85 22725 VERIZON WIRELESS COMMUNICATION CHARGES 9,646.23 41340 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS CASE 16-10001 336.55 41420 KIESLER POLICE SUPPLY, INC.UNIFORM - VEST NET/TAC 356.12 100 GENERAL SUPPORT Total 54,168.08 1505 CITY MANAGER 62295 WALTER BOBKIEWICZ REIMBURSEMENT: TLGC TULSA,OK 203.70 64540 AT & T MOBILITY *COMMUNICATION CHARGES- JAN 17 164.61 65095 OFFICE DEPOT OFFICE SUPPLIES 55.79 1505 CITY MANAGER Total 424.10 1510 PUBLIC INFORMATION 62205 EVANSTON ROUNDTABLE LLC ADS- STREET CLEANING, CAPER, TOUR DE NOIR 380.00 62205 ON TRACK FULFILLMENT INC.WARD 1 AND WARD 4 POSTCARDS 732.93 62205 EVANSTON NOW, LLC STREET CLEANING REMINDER AD 480.00 1510 PUBLIC INFORMATION Total 1,592.93 1555 FINANCIAL ADMINISTRATION 62706 AUTOBARN MOTORS, LTD.*SALES TAX REBATE 31,480.28 65095 OFFICE DEPOT OFFICE SUPPLIES 81.19 1555 FINANCIAL ADMINISTRATION Total 31,561.47 1560 REVENUE & COLLECTIONS 51585 EBY BROWN COMPANY LLC CIGARETTE TAX STAMP REFUND 129.45 52010 HICKS, SANDERS PAID FULL PRICE FOR WT- HAS BENEFIT CARD 37.50 52010 JOANN JOINER COLLECTOR'S OFFICE REFUND 25.00 52010 ALAN C. WILLIAM COLLECTOR'S OFFICE REFUND 75.00 52010 ZHENG, JIANBIN PAID WHEEL TAX TWICE 75.00 52010 YI, MICHAEL PAID WT BUT IS ACTIVE DUTY MILITARY 75.00 52010 GRAY, DANIEL COLLECTOR'S OFFICE REFUND 150.00 52010 WITT, CORY PD WT BUT SHOULD HAVE PAID FOR EVS RESIDENTIAL PERMIT 30.00 61060 ACCOUNTING PRINCIPALS TEMPORARY SEASONAL WAGES 440.00 62315 FEDERAL EXPRESS CORP.SHIPPING 22.50 62449 PROFESSIONAL ACCOUNT MANAGEMENT LLC PROCESSING/ MANAGEMENT OF PARKING TICKET AND PAYMENTS 59,003.88 65095 OFFICE DEPOT OFFICE SUPPLIES 197.33 1560 REVENUE & COLLECTIONS Total 60,260.66 1570 ACCOUNTING 62280 FEDERAL EXPRESS CORP.SHIPPING 80.55 62360 COOK COUNTY TOWNSHIP ASSESSORS' ASSOCIATION GENERAL MEETING 300.00 65095 OFFICE DEPOT OFFICE SUPPLIES 45.66 1570 ACCOUNTING Total 426.21 1575 PURCHASING 65095 OFFICE DEPOT OFFICE SUPPLIES 147.15 1575 PURCHASING Total 147.15 1580 COMMUNITY ARTS 66040 ALLEGRA PRINT & IMAGING WINTER HEARTH BANNER 40.00 66040 NORTHWESTERN UNIVERSITY *WNUR JAZZ SERIES-LIBRARY 1,000.00 1580 COMMUNITY ARTS Total 1,040.00 5300 ECON. DEVELOPMENT FUND 62662 EVANSTON ROUNDTABLE LLC ADS- STREET CLEANING, CAPER, TOUR DE NOIR 380.00 5300 ECON. DEVELOPMENT FUND Total 380.00 1705 LEGAL ADMINISTRATION 52040 ILLINOIS STATE POLICE BACKGROUND CHECK 291.50 52040 BISTRO BORDEAUX LIQUOR LICENSE DUPLICATE FEE 1,470.00 52040 DRIVERS LICENSE GUIDE I.D. CHECKING GUIDE 2,048.00 52570 RUXANDRA VETRAC COMPLIANCE TICKET REFUND 35.00 52570 JOSEPH ANTOSH JR.COMPLIANCE TICKET REFUND 75.00 62130 OFFICE DEPOT OFFICE SUPPLIES 166.04 62345 CSR PRIMARY CARE, LLC *DEPOSITION FEE 1,000.00 65010 WEST GROUP PAYMENT CTR SUBSCRIPTIONS 690.69 65010 WEST GROUP PAYMENT CTR WESTLAW PUBLISHING 856.88 1705 LEGAL ADMINISTRATION Total 6,633.11 1929 HUMAN RESOURCE DIVISION 62160 THEODORE POLYGRAPH SERVICE, INC.BACKGROUND CHECKS-POLICE 1,050.00 62509 EAP CONSULTANTS, INC.EAP CONSULTANTS-MONTHLY INVOICE-EMPLOYEE SERVICES 657.00 65095 OFFICE DEPOT OFFICE SUPPLIES 174.34 1929 HUMAN RESOURCE DIVISION Total 1,881.34 1932 INFORMATION TECHNOLOGY DIVI. 62340 VISION TECHNOLOGY SOLUTIONS WEBSITE DESIGN AND HOSTING 11,321.50 62340 GOVDELIVERY, INC.ANNUAL MAINTENANCE /HOSTING RENEWAL-GOVDELIVERY SYSTEM 7,276.50 62380 XEROX CORPORATION COPIER CHARGES 1,530.63 62380 CHICAGO OFFICE TECHNOLOGY GROUP COPIER CHARGES 8,565.17 64505 AT & T COMMUNICATIONS CHARGES 43.63 64505 CALL ONE COMMUNICATIONS CHARGES 8,455.05 134 of 432 CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.14.2017 65555 VERIZON WIRELESS COMMUNICATION CHARGES 42.12 65555 SADA SYSTEMS, INC.CITY-WIDE GOOGLE MAIL TRAINING 7,975.62 65615 COMMUNICATIONS REVOLVING FUND COMMUNICATION CHARGES 450.00 1932 INFORMATION TECHNOLOGY DIVI. Total 45,660.22 1941 PARKING ENFORCEMENT & TICKETS 52505 RENTAL CAR FINANCE COLLECTOR'S OFFICE REFUND 40.00 52505 RUSH, WILLIAM OVERPAID PARKING TICKET - NO LATE FEE APPLIED YET 15.00 52505 CORINTH, LIA WHEEL TAX PAID - REFUND ON TICKET 60.00 64540 VERIZON NETWORKFLEET, INC.FLEET TELEMATICS AUTOMATIC VEHICLE LOCATORS 170.55 1941 PARKING ENFORCEMENT & TICKETS Total 285.55 1950 FACILITIES 62225 COMCAST CABLE COMMUNICATION CHARGES 200.91 62225 DUSTCATCHERS, INC.CARPET SERVICE FOR CIVIC CENTER FEB 2016 205.35 62245 GRAINGER, INC., W.W.RIGID PIPE FREEZE BOX 3,000.00 62440 RAYNOR DOOR COMPANY LIFT RENTAL FIRE 2 525.00 62440 RAYNOR DOOR COMPANY OVERHEAD DOOR REPAIR SERVICE CENTER 733.27 62509 VERIZON NETWORKFLEET, INC.FLEET TELEMATICS AUTOMATIC VEHICLE LOCATORS 379.00 62509 H-O-H WATER TECHNOLOGY CHEMICAL WATER TREATMENT FOR HVAC EQUIPMENT VARIOUS FACILITIES 1,104.00 62509 ECO-CLEAN MAINTENANCE FY 2017 PROFESSIONAL CLEANING SERVICES MULTIPLE CITY FACILITIES 6,133.00 64015 NICOR UTILITIES 1,641.84 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES FOR CIVIC CENTER 538.08 1950 FACILITIES Total 14,460.45 2101 COMMUNITY DEVELOPMENT ADMIN 65095 OFFICE DEPOT OFFICE SUPPLIES 135.25 2101 COMMUNITY DEVELOPMENT ADMIN Total 135.25 2105 PLANNING & ZONING 62210 MSF GRAPHICS, INC.WINDOW ENVELOPES - PLANNING & ZONING DIVISION 95.00 65095 OFFICE DEPOT OFFICE SUPPLIES 9.85 2105 PLANNING & ZONING Total 104.85 2126 BUILDING INSPECTION SERVICES 62210 MSF GRAPHICS, INC.WINDOW ENVELOPES - BUILDING DIVISION 95.00 62236 VERIZON NETWORKFLEET, INC.FLEET TELEMATICS AUTOMATIC VEHICLE LOCATORS 151.60 62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION - PERMIT 16MSWK-0176 50.00 62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION - PERMIT 16MSWK-0272 50.00 62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTIONS 100.00 62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTIONS PERMIT 16MSWK-0259 100.00 62464 SAFEBUILT ILLINOIS BUILDING PLAN REVIEW SERVICES 3,368.82 62645 MICROSYSTEMS INC.ARCHIVAL MICROFICHE STORAGE FEES 910.41 65095 OFFICE DEPOT OFFICE SUPPLIES 208.75 2126 BUILDING INSPECTION SERVICES Total 5,034.58 2205 POLICE ADMINISTRATION 62210 MSF GRAPHICS, INC.PRINTING SERVICES 335.10 62360 ICPC REGION 4 RTS ANNUAL MEMBERSHIP 125.00 62360 LEADS ONLINE LLC ANNUAL SUBSCRIPTION - INVESTIGATION SYSTEM 4,920.00 62370 NATIONAL AWARDS & FINE GIFTS AWARD PLAQUES 165.00 62370 NATIONAL AWARDS & FINE GIFTS RETIREMENT PLAQUES 422.00 62490 CITY OF EVANSTON PETTY CASH PETTY CASH - ADMINISTRATION 32.28 64015 NICOR UTILITIES 349.17 65020 KIESLER POLICE SUPPLY, INC.BALLISTIC HELMETS 878.80 65020 KIESLER POLICE SUPPLY, INC.UNIFORM - VEST 1,063.20 65020 KIESLER POLICE SUPPLY, INC.UNIFORM - VEST NET/TAC 800.00 2205 POLICE ADMINISTRATION Total 9,090.55 2210 PATROL OPERATIONS 65085 O'HERRON CO., INC., RAY GLOCK 757.88 2210 PATROL OPERATIONS Total 757.88 2240 POLICE RECORDS 65095 OFFICE DEPOT OFFICE SUPPLIES 632.00 2240 POLICE RECORDS Total 632.00 2251 311 CENTER 64505 AT & T *311 SERVICE 400.92 2251 311 CENTER Total 400.92 2260 OFFICE OF ADMINISTRATION 62295 KLOPACK, STEVEN TRAINING/TRAVEL EXPENSES: PTI FIREARM INSTRUCTOR COURSE 309.65 62295 CITY OF EVANSTON PETTY CASH PETTY CASH - ADMINISTRATION 625.79 62295 NORTH EAST MULTI-REGIONAL TRAINING INC TRAINING - BREACH POINT 100.00 62295 DUKLER, MARLA MEALS - LEAD HOMICIDE INVESTIGATOR 75.00 62295 CONLEY, JUSTIN MEALS - DRUGGED DRIVER DETECTION 45.00 62295 NORTHWESTERN UNIVERSITY CENTER FOR PUBLIC SAFTEY TRAINING - EXECUTIVE MANAGEMENT PROGRAM 1,700.00 62295 DANIEL G. KEELER TRAINING/TRAVEL EXPENSES: IL CRASH RECONSTRUCTION EXAM 378.35 62295 CHRISTOPHER SEEBACHER MEALS - LEAD HOMICIDE INVESTIGATOR 75.00 65015 STREICHER'S TRAINING AMMUNITION 6,440.00 65085 CURRENT TECHNOLOGIES CORPORATION COMPLETION OF VIDEO CAMERA INSTALLATION AT ELKS PARK 6,617.98 2260 OFFICE OF ADMINISTRATION Total 16,366.77 235 of 432 CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.14.2017 2270 TRAFFIC BUREAU 62490 NORTH SHORE TOWING TOW & HOOK 75.00 65120 DELTA V TECHNOLOGIES TRAINING - MOTORCYCLE TRAINING (TRAFFIC)2,400.00 65125 SARAH MARKECKI TOW REFUND 240.00 2270 TRAFFIC BUREAU Total 2,715.00 2280 ANIMAL CONTROL 65125 DELTA V TECHNOLOGIES TRAFFIC BUREAU CONES 400.00 2280 ANIMAL CONTROL Total 400.00 2295 BUILDING MANAGEMENT 62225 ECO-CLEAN MAINTENANCE PROFESSIONAL CLEANING SERVICES MULTIPLE CITY FACILITIES 3,345.00 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 1,258.83 65125 DUSTCATCHERS, INC.FLOOR MATS 101.00 2295 BUILDING MANAGEMENT Total 4,704.83 2305 FIRE MGT & SUPPORT 62275 ALLEGRA PRINT & IMAGING ALARM RENEWAL INVOICES 3,001.98 62360 ILLINOIS FIRE CHIEFS ASSOCIATION PROFESSIONAL MEMBERSHIP 600.00 62360 NORTHEASTERN ILLINOIS PUBLIC SAFETY ANNUAL MEMBERSHIP 23,545.00 62518 HENRICHSEN FIRE & SAFETY EXTINGUISHER SERVICE 445.40 64015 NICOR UTILITIES 1,445.57 65020 AIR ONE EQUIPMENT UNIFORMS 1,866.90 65020 TODAY'S UNIFORMS INC.UNIFORMS 10,074.20 65020 CHICAGO PROTECTIVE APPAREL UNIFORMS 237.80 2305 FIRE MGT & SUPPORT Total 41,216.85 2310 FIRE PREVENTION 62250 CHICAGO COMMUNICATIONS, LLC.RADIO PROGRAMING 105.00 62250 ZOLL DATA SYSTEMS SOFTWARE SUPPORT 550.00 62295 ILLINOIS FIRE INSPECTORS ASSOCIATION TRAINING SEMINAR 60.00 2310 FIRE PREVENTION Total 715.00 2315 FIRE SUPPRESSION 62295 UNIVERSITY OF ILLINOIS -GAR 162 OFFICER TRAINING 300.00 62295 VECTOR CORPORATION FIREFIGHTER TRAINING 9,918.00 62295 NORTHEASTERN ILLINOIS PUBLIC SAFETY FIREFIGHTER TRAINING 860.00 62295 ADDISON FIRE PROTECTION DISTRICT #1 FIREFIGHTER TRAINING 75.00 62295 FIRE TRAINING RESOURCES / FFS LLC OFFICER TRAINING 1,324.00 62430 ECO-CLEAN MAINTENANCE FY 2017 PROFESSIONAL CLEANING SERVICES MULTIPLE CITY FACILITIES 570.00 62522 AIR ONE EQUIPMENT AIR QUALITY TEST 145.00 62522 AIR ONE EQUIPMENT COMPRESSOR SERVICE 644.00 62522 AIR ONE EQUIPMENT METER CAL GAS 346.00 62522 AIR ONE EQUIPMENT METER SERVICE 40.00 65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 427.29 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 29.70 65625 HASTINGS AIR-ENERGY CONTROL EXHAUST REPAIR 4,756.17 2315 FIRE SUPPRESSION Total 19,435.16 2435 FOOD AND ENVIRONMENTAL HEALTH 62295 ILLINOIS ASSOCIATION OF CODE ENFORCEMENT REGISTRATION 140.00 62477 ALLEGRA PRINT & IMAGING PRINTING ENVELOPES 169.00 64540 VERIZON NETWORKFLEET, INC.FLEET TELEMATICS AUTOMATIC VEHICLE LOCATORS 151.60 65075 FINEST COURIER LOGISTICS COURIER SERVICES 35.00 2435 FOOD AND ENVIRONMENTAL HEALTH Total 495.60 2440 VITAL RECORDS 62210 MIKE FRENCH DEATH CERTIFICATES 1,375.00 2440 VITAL RECORDS Total 1,375.00 2455 COMMUNITY HEALTH 62371 STRIDEKICK DBA MATCHUP, LLC WOW PROGRAM TRACKING SYSTEM 2,500.00 2455 COMMUNITY HEALTH Total 2,500.00 3020 REC GENERAL SUPPORT 62490 VERIZON NETWORKFLEET, INC.FLEET TELEMATICS AUTOMATIC VEHICLE LOCATORS 94.75 3020 REC GENERAL SUPPORT Total 94.75 3025 PARK UTILITIES 64005 COMED UTILITIES 38.05 64005 MC SQUARED UTILITIES 4,379.08 64015 NICOR UTILITIES 254.43 3025 PARK UTILITIES Total 4,671.56 3030 CROWN COMMUNITY CENTER 64005 MC SQUARED ENERGY UTILITIES 6,815.48 64015 NICOR UTILITIES 170.94 65040 UNIFIRST CORPORATION JANITORIAL SUPPLY 18.73 3030 CROWN COMMUNITY CENTER Total 7,005.15 3035 CHANDLER COMMUNITY CENTER 64005 MC SQUARED ENERGY UTILITIES 2,917.28 64015 NICOR UTILITIES 268.54 415509 65095 OFFICE DEPOT OFFICE SUPPLIES 159.79 3035 CHANDLER COMMUNITY CENTER Total 3,345.61 336 of 432 CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.14.2017 3040 FLEETWOOD JOURDAIN COM CT 62225 STA-KLEEN INC.6 MONTH CLEANING FOR THE KITCHEN STOVE 360.00 62225 GILLESPIE, WILL MONTHLY CLEANING FOR FISH TANK IN MAIN LOBBY.75.00 62225 CINTAS CORPORATION #769 CLEANING FLOOR MATS FOR THE CENTER 103.54 62225 CINTAS CORPORATION #770 SERVICE DOOR MATS FOR THE BUILDING 103.54 62511 KEVIN SPARKMON SECURITY FOR PRIVATE RENTAL 150.00 64005 MC SQUARED ENERGY UTILITIES 5,978.10 64015 NICOR UTILITIES 366.82 3040 FLEETWOOD JOURDAIN COM CT Total 7,137.00 3050 RECREATION OUTREACH PROGRAM 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 47.67 3050 RECREATION OUTREACH PROGRAM Total 47.67 3055 LEVY CENTER SENIOR SERVICES 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 48.09 62511 COMCAST CABLE COMMUNICATION CHARGES 154.56 64005 MC SQUARED ENERGY UTILITIES 8,062.21 64015 NICOR UTILITIES 335.14 65025 SMIGO MANAGEMENT GROUP FOOD PREPARATION SERVICES-LEVY CONGREGATE MEAL PROGRAM 4,730.76 65040 LAPORT INC JANITORIAL SUPPLIES-LEVY CENTER 361.25 65095 ILLINOIS PAPER DBA IMPACT NETWORKING LLC PAPER FOR OFFICE 364.60 65095 OFFICE DEPOT OFFICE SUPPLIES 79.00 3055 LEVY CENTER SENIOR SERVICES Total 14,135.61 3080 BEACHES 62490 VERIZON NETWORKFLEET, INC.FLEET TELEMATICS AUTOMATIC VEHICLE LOCATORS 37.90 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 47.68 64005 MC SQUARED ENERGY UTILITIES 227.11 3080 BEACHES Total 312.69 3095 CROWN ICE RINK 62245 JORSON & CARLSON KNIFE MAINTENANCE 37.67 62245 COOPER-FREELY DBA NORTHEAST ILLINOIS RADON TESTIN DEVICE PLACEMENT 1,105.00 62251 TOTAL MECHANICAL SOLUTIONS, LLC COMPRESSOR REPAIR 4,679.00 62251 TOTAL MECHANICAL SOLUTIONS, LLC COMPRESSOR REPAIR 1,491.88 62251 TOTAL MECHANICAL SOLUTIONS, LLC MACHINE MAINTENANCE 2,849.38 62251 TOTAL MECHANICAL SOLUTIONS, LLC STORAGE TANK MAINTENANCE 1,474.00 62490 VERIZON NETWORKFLEET, INC.FLEET TELEMATICS AUTOMATIC VEHICLE LOCATORS 18.95 62490 KEVIN SPARKMON SECURITY FOR PRIVATE RENTAL 142.50 62505 RC TRAINING & FITNESS PERFORMANCE TRAINING 1,125.00 62505 WITSCHY, TIANA INSTRUCTOR ASSISTANT 395.00 64005 MC SQUARED ENERGY UTILITIES 20,446.43 64015 NICOR UTILITIES 512.80 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 434.64 65040 SUPERIOR INDUSTRIAL SUPPLY MAINTENANCE SUPPLIES 26.40 65040 UNIFIRST CORPORATION JANITORIAL SUPPLY 56.17 65095 OFFICE DEPOT OFFICE SUPPLIES 354.15 65110 BECKER ARENA PRODUCTS HOCKEY NET REPAIR 955.14 3095 CROWN ICE RINK Total 36,104.11 3100 SPORTS LEAGUES 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 127.00 3100 SPORTS LEAGUES Total 127.00 3215 YOUTH ENGAGEMENT DIVISION 62490 THE CHICAGO SCHOOL OF PROFESSIONAL PSYCHOLOGY MENTAL HEALTH / AWARENESS TRAININGS 6,340.00 62490 VERIZON NETWORKFLEET, INC.FLEET TELEMATICS AUTOMATIC VEHICLE LOCATORS 37.90 3215 YOUTH ENGAGEMENT DIVISION Total 6,377.90 3225 GIBBS-MORRISON CULTURAL CENTER 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 55.00 62509 STEWART, BRANDON STUDIO ENGINEER 382.50 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 85.30 3225 GIBBS-MORRISON CULTURAL CENTER Total 522.80 3605 ECOLOGY CENTER 62509 FOX VALLEY FIRE & SAFETY ANNUAL FIRE PANEL INSPECTION 241.00 62509 HENRICHSEN FIRE & SAFETY ANNUAL FIRE EXTINGUISHER INSPECTION 55.00 64005 MC SQUARED ENERGY UTILITIES 999.41 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES - ECOLOGY 48.09 3605 ECOLOGY CENTER Total 1,343.50 3710 NOYES CULTURAL ARTS CENTER 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 41.88 64005 MC SQUARED ENERGY UTILITIES 3,581.75 64015 NICOR UTILITIES 530.78 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 379.12 3710 NOYES CULTURAL ARTS CENTER Total 4,533.53 3720 CULTURAL ARTS PROGRAMS 62500 B&B PRODUCTIONS, INC STARLIGHT CONCERTS 50.00 62509 FOREMAN, RAINA HENNA IN ETHNIC ARTS FEST 2016 MISSED PAYMENT 150.00 3720 CULTURAL ARTS PROGRAMS Total 200.00 437 of 432 CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.14.2017 3806 CIVIC CENTER SERVICES 64015 NICOR UTILITIES 997.07 3806 CIVIC CENTER SERVICES Total 997.07 4105 PUBLIC WORKS AGENCY ADMIN 52130 VARAPORN GORR NOT ELIGIBLE FOR RESIDENTIAL PERMIT 15.00 64545 VERIZON NETWORKFLEET, INC.FLEET TELEMATICS AUTOMATIC VEHICLE LOCATORS 1,610.75 4105 PUBLIC WORKS AGENCY ADMIN Total 1,625.75 4320 FORESTRY 62385 NELS J. JOHNSON TREE EXPERTS, INC.REMOVAL OF ELM TREE - 1920 NOYES 1,950.00 65085 ALEXANDER EQUIPMENT CO.FORESTRY CLIMBING SADDLE 485.00 65085 RUSSO POWER EQUIPMENT OIL PUMP 62.99 65085 RUSSO POWER EQUIPMENT SAW CHAIN 695.00 4320 FORESTRY Total 3,192.99 4330 GREENWAYS 62199 HALLORAN & YAUCH, INC.JAMES PARK 220.00 65070 RUSSO POWER EQUIPMENT BAR AND CHAIN OIL 26.98 65070 RUSSO POWER EQUIPMENT ENGINE PARTS 1,040.00 65070 RUSSO POWER EQUIPMENT FILLER CAP 39.03 65070 RUSSO POWER EQUIPMENT FILTER, FUEL GROMMET, SPOOL 147.12 65070 RUSSO POWER EQUIPMENT FUEL TANK, BAR AND CHAIN OIL 102.26 65070 RUSSO POWER EQUIPMENT NOZZLES 29.52 65070 RUSSO POWER EQUIPMENT NUTS AND WASHERS 46.32 65085 RUSSO POWER EQUIPMENT CUTTER 41.04 65085 RUSSO POWER EQUIPMENT NOZZLES AND HOUSINGS 49.41 65085 RUSSO POWER EQUIPMENT RETURN - SUCTION CUP -11.94 65085 RUSSO POWER EQUIPMENT SPRAY TANK PARTS 68.93 65625 RUSSO POWER EQUIPMENT HEDGE TRIMMER RETURN -3.10 4330 GREENWAYS Total 1,795.57 4400 CAPITAL PLANNING & ENGINEERING 62295 INTERNATIONAL MUNICIPAL SIGNAL ASSOCIATION IMSA IMSA MEMBERSHIP DUES 100.00 62295 INTERNATIONAL MUNICIPAL SIGNAL ASSOCIATION IMSA MEMBERSHIP DUES 100.00 65095 OFFICE DEPOT OFFICE SUPPLIES 54.86 4400 CAPITAL PLANNING & ENGINEERING Total 254.86 4520 TRAF. SIG.& ST LIGHT MAINT 64006 COMED UTILITIES 15,241.64 64007 COMED UTILITIES 6,161.17 64008 COMED UTILITIES 222.04 64008 MC SQUARED ENERGY UTILITIES 495.76 4520 TRAF. SIG.& ST LIGHT MAINT Total 22,120.61 100 GENERAL FUND Total 440,947.24 175 GENERAL ASSISTANCE FUND 4605 GENERAL ASSISTANCE ADMIN 62490 OAKTON COMMUNITY COLLEGE GED CLASSES FOR GENERAL ASSISTANCE 50.00 4605 GENERAL ASSISTANCE ADMIN Total 50.00 175 GENERAL ASSISTANCE FUND Total 50.00 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTM 64540 VERIZON WIRELESS COMMUNICATION CHARGES 4,912.26 5150 EMERGENCY TELEPHONE SYSTM Total 4,912.26 205 EMERGENCY TELEPHONE (E911) FUND Total 4,912.26 215 CDBG FUND 5187 REHAB CONSTRUCTION ADMIN 62490 COOK COUNTY RECORDER OF DEEDS RECORD RELEASE AND MORTGAGE FOR REHAB CLIENTS 200.00 62490 FEDERAL EXPRESS CORP.SHIPPING 56.98 5187 REHAB CONSTRUCTION ADMIN Total 256.98 5220 CDBG ADMINISTRATION 62205 EVANSTON ROUNDTABLE LLC ADS- STREET CLEANING, CAPER, TOUR DE NOIR 380.00 5220 CDBG ADMINISTRATION Total 380.00 215 CDBG FUND Total 636.98 225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 62662 PLACE CONSULTING, INC.*CONSULTING SERVICE-MAIN-DEMPSTER MILE SSA8 8,998.75 5300 ECON. DEVELOPMENT FUND Total 8,998.75 225 ECONOMIC DEVELOPMENT FUND Total 8,998.75 538 of 432 CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.14.2017 240 HOME FUND 5430 HOME FUND 62490 COOK COUNTY RECORDER OF DEEDS RECORD MORTGAGE & AGREEMENT FOR HOME CLIENT 126.00 5430 HOME FUND Total 126.00 240 HOME FUND Total 126.00 250 AFFORDABLE HOUSING FUND 5465 AFFORDABLE HOUSING 62490 GOSS & ASSOCIATES, INC.HANDYMAN PROGRAM 2,567.26 5465 AFFORDABLE HOUSING Total 2,567.26 250 AFFORDABLE HOUSING FUND Total 2,567.26 300 WASHINGTON NATIONAL TIF FUND 5470 WASHINGTON NAT'L TIF DS 69010 COOK COUNTY COLLECTOR SURPLUS DISTRIBUTION FROM WASHINGTON NATIONAL TIF 1,000,000.00 5470 WASHINGTON NAT'L TIF DS Total 1,000,000.00 300 WASHINGTON NATIONAL TIF FUND Total 1,000,000.00 330 HOWARD-RIDGE TIF FUND 5860 HOWARD RIDGE TIF 56010 TMQ GROUP LLC MONTHLY RENT FOR POLICE OUTPOST AT 745 HOWARD STREET 1,000.00 64015 NICOR UTILITIES 642.33 5860 HOWARD RIDGE TIF Total 1,642.33 330 HOWARD-RIDGE TIF FUND Total 1,642.33 415 CAPITAL IMPROVEMENTS FUND 4115 2015 BOND PROJECTS 416127 65515 KOVILIC CONSTRUCTION BID #15-29, CHURCH STREET BOAT RAMP IMPROVEMENTS 67,593.46 4115 2015 BOND PROJECTS Total 67,593.46 4116 2016 BOND PROJECTS 517002 62145 HAMPTON, LENZINI AND RENWICK, INC.JAMES PARK SURVEY UPDATE 8,753.00 416525 65515 GEWALT HAMILTON ASSOCIATES, INC.RFP 16-22 - ENGINEERING DESIGN SERVICES FOR VARIOUS PARKING LOTS 7,800.00 516006 65515 A LAMP CONCRETE CONTRACTORS, INC.2016 PARKING LOT IMPROVEMENT PROJECT BID NO 16-55 800.00 616016 65515 A LAMP CONCRETE CONTRACTORS, INC.2016 PARKING LOT IMPROVEMENT PROJECT BID NO 16-55 250.00 416450 65515 ESI CONSULTANTS, LTD EMERSON/RIDGE/GREENBAY PHASE III ENGINEERING SERVICES RFQ 13-12 23,525.49 516007 65515 ELANAR CONSTRUCTION RFP 16-14, PENNY PARK RENOVATIONS 151,392.15 416514 65515 HAMPTON, LENZINI AND RENWICK, INC.DODGE AVE BIKE LANE CONSTRUCTION ENGINEERING SRVC RFQ 16-21 1,669.83 4116 2016 BOND PROJECTS Total 194,190.47 4117 2017 GO BOND ISSUANCE 417017 62145 GSG MATERIAL TESTING 2016 MATERIAL TESTING AND INSPECTION CONTRACT RENEWAL 3,600.00 415450 65515 CHRISTOPHER B. BURKE ENGINEERING, LTD.SHERIDAN RD-CHICAGO AVE. PHASE III ENG SRVCS 10,402.51 4117 2017 GO BOND ISSUANCE Total 14,002.51 4216 2016 CAPITAL FROM OTHER SOURCES 416513 62145 STANLEY CONSULTANTS INC.CENTRAL ST BRIDGE ENGINEERING SRVCS RFQ 16-08 59,848.33 416512 65515 GSG MATERIAL TESTING 2016 MATERIAL TESTING AND INSPECTION CONTRACT RENEWAL 1,850.00 4216 2016 CAPITAL FROM OTHER SOURCES Total 61,698.33 4217 2017 CIP OTHER FUNDING SOURCES 417016 62145 TERRA ENGINEERING, LTD EMERSON ST TRAFFIC SIGNAL MODERNIZATION PROJECT RFP 16-73 11,632.43 4217 2017 CIP OTHER FUNDING SOURCES Total 11,632.43 415 CAPITAL IMPROVEMENTS FUND Total 349,117.20 505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 62275 FEDERAL EXPRESS CORP.SHIPPING 17.08 62603 MOTIVATE INTERNATIONAL, INC.ONGOING FEES TO MOTIVATE TO BE PAID BY COE 64,692.01 64540 VERIZON NETWORKFLEET, INC.FLEET TELEMATICS AUTOMATIC VEHICLE LOCATORS 18.95 416524 65515 GEWALT HAMILTON ASSOCIATES, INC.RFP 16-22 - ENGINEERING DESIGN SERVICES FOR VARIOUS PARKING LOTS 20,937.25 616015 65515 RELIABLE & ASSOCIATES CONSTRUCTION CO., INC.2016 CHURCH STREET AND MAPLE AVENUE GARAGE REPAIRS 169,892.66 416526 65515 A LAMP CONCRETE CONTRACTORS, INC.2016 PARKING LOT IMPROVEMENT PROJECT BID NO 16-55 70,165.46 416528 65515 A LAMP CONCRETE CONTRACTORS, INC.2016 PARKING LOT IMPROVEMENT PROJECT BID NO 16-55 1,759.67 7005 PARKING SYSTEM MGT Total 327,483.08 7025 CHURCH STREET GARAGE 62400 SP PLUS PARKING PARKING LOT MANAGEMENT-3 DOWNTOWN PARKING GARAGES 23,617.75 62509 AUTOMATED PARKING TECHNOLOGIES REMOTE REPAIR FOR SERVICE DISCONNECT 357.00 64005 MC SQUARED ENERGY UTILITIES 10,916.33 64505 CALL ONE COMMUNICATIONS CHARGES 878.16 7025 CHURCH STREET GARAGE Total 35,769.24 7036 SHERMAN GARAGE 62400 SP PLUS PARKING PARKING LOT MANAGEMENT-3 DOWNTOWN PARKING GARAGES 53,424.00 62660 MB EVANSTON SHERMAN, L.L.C.SHARED MAINT COSTS SHERMAN PLAZA GARAGE, RETAIL AND CONDO 14,032.82 64005 MC SQUARED ENERGY UTILITIES 35,651.28 64505 CALL ONE COMMUNICATIONS CHARGES 1,957.23 7036 SHERMAN GARAGE Total 105,065.33 639 of 432 CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.14.2017 7037 MAPLE GARAGE 62400 SP PLUS PARKING PARKING LOT MANAGEMENT-3 DOWNTOWN PARKING GARAGES 45,552.00 64005 MC SQUARED ENERGY UTILITIES 19,462.10 64505 CALL ONE COMMUNICATIONS CHARGES 1,453.93 7037 MAPLE GARAGE Total 66,468.03 505 PARKING SYSTEM FUND Total 534,785.68 510 WATER FUND 4200 WATER PRODUCTION 62295 MEADE, ELEANORE REIMBURSEMENT: MIDWEST WAAW EXPO 44.51 64540 VERIZON NETWORKFLEET, INC.FLEET TELEMATICS AUTOMATIC VEHICLE LOCATORS 37.90 65095 OFFICE DEPOT OFFICE SUPPLIES 189.13 4200 WATER PRODUCTION Total 271.54 4210 PUMPING 64005 MC SQUARED ENERGY UTILITIES 161,372.06 64015 NICOR UTILITIES 1,556.73 65085 MOORE INDUSTRIES PRESSURE GAUGES FOR THE DISTRIBUTION SYSTEM 7,697.27 65085 APPLIED INDUSTRIAL TECHNOLOGIES, INC.CENTRIC CLUTCH REPAIR PARTS 4,888.44 65085 EL ELECTRONICS DBA ELECTRO INDUSTRIES/GAUETECH SMART POWER METER UPGRADE 18,390.00 4210 PUMPING Total 193,904.50 4220 FILTRATION 62245 CAMERON ELECTRIC MOTOR CORP.SOLENOID COIL REWIND FOR G&S CONTROLLER 665.00 62420 METROPOLITAN WATER RECLAIMATION DISTRICT *ANNUAL SLUDGE REMOVAL CHARGES 53,942.74 62465 EUROFINS EATON ANALYTICAL DRINKING WATER LABORATORY TESTING SERVICES 190.00 65015 MOSAIC GLOBAL SALES, LLC HYDROFLUOROSILICIC ACID (PER SPEC)14,910.70 65015 AFFINITY CHEMICAL, LLC LIQUID ALUMINUM SULFATE (PER SPEC)3,083.03 4220 FILTRATION Total 72,791.47 4225 WATER OTHER OPERATIONS 62315 SEBIS DIRECT UTILITY BILL PRINT & MAIL 2,500.00 62340 HARRIS COMPUTER SYSTEMS *RENEWAL OF ANNUAL MAINTENANCE & SUPPORT AGREEMENT 40,480.31 62455 SEBIS DIRECT UTILITY BILL PRINT & MAIL 700.00 4225 WATER OTHER OPERATIONS Total 43,680.31 4540 DISTRIBUTION MAINTENANCE 64540 VERIZON NETWORKFLEET, INC.FLEET TELEMATICS AUTOMATIC VEHICLE LOCATORS 170.55 65055 ZIEBELL WATER SERVICE PRODUCTS INC FIRE HYDRANT PARTS 549.50 4540 DISTRIBUTION MAINTENANCE Total 720.05 7105 PUMPING 64505 CALL ONE COMMUNICATIONS CHARGES 250.96 7105 PUMPING Total 250.96 7131 CAPITAL IMPROVEMENTS 415185 65515 CHRISTOPHER B. BURKE ENGINEERING, LTD.SHERIDAN RD/CHICAGO AVE PHASE I & II ENGINEERING SERVICES 8,616.25 7131 CAPITAL IMPROVEMENTS Total 8,616.25 510 WATER FUND Total 320,235.08 515 SEWER FUND 4530 SEWER MAINTENANCE 62315 SEBIS DIRECT UTILITY BILL PRINT & MAIL 2,500.00 62455 SEBIS DIRECT UTILITY BILL PRINT & MAIL 739.45 64540 VERIZON NETWORKFLEET, INC.FLEET TELEMATICS AUTOMATIC VEHICLE LOCATORS 170.55 4530 SEWER MAINTENANCE Total 3,410.00 4535 SEWER IMPROVEMENTS 716007 62461 VISU-SEWER OF ILLINOIS, LLC 2016 CIPP SEWER REHAB, CONTRACT B, BID #16-66 33,208.65 4535 SEWER IMPROVEMENTS Total 33,208.65 515 SEWER FUND Total 36,618.65 520 SOLID WASTE FUND 4310 RECYCLING AND ENVIRONMENTAL MAIN 62390 LAKESHORE RECYCLING SYSTEMS 2017 CONDOMINIUM SOLID WASTE REMOVAL 36,000.03 62405 SOLID WASTE AGENCY NORTHERN COOK DISPOSAL FEES FOR FY 2017 59,573.40 62415 SHRED ALL TRANSFER TIRE RECYCLING 277.48 62415 COLLECTIVE RESOURCE INC.PLASTIC FILM COLLECTION 2017 229.00 64015 NICOR UTILITIES 186.80 65625 WASTEQUIP FOUR 2-YARD DUMPSTERS 1,898.00 4310 RECYCLING AND ENVIRONMENTAL MAIN Total 98,164.71 520 SOLID WASTE FUND Total 98,164.71 600 FLEET SERVICES FUND 7705 GENERAL SUPPORT 64505 CALL ONE COMMUNICATIONS CHARGES 737.96 64540 VERIZON NETWORKFLEET, INC.FLEET TELEMATICS AUTOMATIC VEHICLE LOCATORS 94.75 7705 GENERAL SUPPORT Total 832.71 740 of 432 CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.14.2017 7710 MAJOR MAINTENANCE 62355 CINTAS #22 WEEKLY UNIFORM SERVICE 160.29 62355 CINTAS #23 WEEKLY UNIFORMS 160.29 62355 CINTAS CORPORATION #769 WEEKLY MAT SERVICE 526.56 64540 VERIZON NETWORKFLEET, INC.FLEET TELEMATICS AUTOMATIC VEHICLE LOCATORS 246.35 65060 ALLTECH AUTO INC.#81 BODY REPAIRS 855.20 65060 CITY WELDING SALES & SERVICE INC.WELDING GASES 82.82 65060 DUXLER TIRE & CAR CENTER #166 ALIGNMENT AND TIRE BALANCE 129.00 65060 FREEWAY FORD TRUCK SALES #584 FUEL PUMP 111.36 65060 GROVER WELDING COMPANY #613 HOOK-LIFT REPAIRS...3,735.20 65060 HAVEY COMMUNICATIONS INC.#15 LIGHT REPAIRS 99.80 65060 HAVEY COMMUNICATIONS INC.#47 LIGHTING 767.00 65060 HAVEY COMMUNICATIONS INC.INSTALL NEW LIGHTING AND EQUIPMENT ON EPD#22 6,036.90 65060 HAVEY COMMUNICATIONS INC.REMOVE LIGHT OUT OF OLD35 290.00 65060 HAVEY COMMUNICATIONS INC.REMOVE LIGHTS 350.00 65060 HAVEY COMMUNICATIONS INC.RE-STRIP AND RE-INSTALL EQUIPMENT ON EPD CAR#35 2,440.00 65060 HAVEY COMMUNICATIONS INC.SPEAKER 183.80 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO BATTERIES 831.54 65060 KELLER HEARTT CO, INC.55 GALLONS DEF 180.40 65060 LAKE/COOK C.V. JOINTS INC #576 AXLE REPAIRS 384.00 65060 LEACH ENTERPRISES, INC.DESICCANTS FILTERS 128.79 65060 LEACH ENTERPRISES, INC.SPITTER VALVE 116.77 65060 MONROE TRUCK EQUIPMENT #612 STELLAR LIFT RECONDITIONING 2,390.00 65060 REGIONAL TRUCK EQUIPMENT COMPANY, INC.#158 CRANE SWITCH REPAIR 356.75 65060 SPRING ALIGN #529 U-BOLTS 60.67 65060 STANDARD EQUIPMENT COMPANY #667 BODY LATCHES 210.48 65060 STANDARD EQUIPMENT COMPANY #667 OIL PRESSURE SENDER 123.38 65060 STANDARD EQUIPMENT COMPANY #925 JETTER FILTER 858.79 65060 TERMINAL SUPPLY CO.CABLE TIES 563.66 65060 UNITED PARCEL SERVICE SHIPPING 18.49 65060 WHOLESALE DIRECT INC STROBE TUBES 566.54 65060 WEST SIDE EXCHANGE #680 BELLY PAN CAP SCREWS 173.45 65060 WEST SIDE EXCHANGE CREDIT -96.76 65060 GEIB INDUSTRIES, INC.#955 HYDRAULIC HOSE 99.78 65060 GENERAL TRUCK PARTS & EQT #576 HYDRAULIC PUMP FOR DUMP BOX 900.00 65060 TEREX UTILITIES, INC.#577 TOOL FITTNG COVER 114.42 65060 INTERSTATE POWER SYSTEMS, INC.FILTERS 170.09 65060 HERITAGE CRYSTAL CLEAN BULK ANTIFREEZE 596.21 65060 FUTURE ENVIRONMENTAL, INC.PICK UP USED OIL CHARGE 65.00 65060 GLOBAL EMERGENCY PRODUCTS, INC.#312 LOW COOLANT SENDER 105.04 65060 GLOBAL EMERGENCY PRODUCTS, INC.#312 STEERING GEARBOX REPLACED 9,447.58 65060 GLOBAL EMERGENCY PRODUCTS, INC.#321 ANNUAL PUMP TEST & REPAIRS 8,933.72 65060 GLOBAL EMERGENCY PRODUCTS, INC.#322 BRAKE CALIPER 334.73 65060 GLOBAL EMERGENCY PRODUCTS, INC.#324 LIGHT HEAD 291.09 65060 GLOBAL EMERGENCY PRODUCTS, INC.CREDIT FOR PART RETURN -56.07 65060 GLOBAL EMERGENCY PRODUCTS, INC.DOME LIGHTS 132.64 65060 GLOBAL EMERGENCY PRODUCTS, INC.FUEL TANK 658.25 65060 GLOBAL EMERGENCY PRODUCTS, INC.LIGHTS 153.67 65060 GLOBAL EMERGENCY PRODUCTS, INC.PROXIMITY ACTUATOR 121.60 65060 GLOBAL EMERGENCY PRODUCTS, INC.REGULATOR SLIDE 343.82 65060 GLOBAL EMERGENCY PRODUCTS, INC.ROTATING BEACON 104.64 65060 GLOBAL EMERGENCY PRODUCTS, INC.SEAL 335.76 65060 THE AUTOBARN LTD #803 BATTERY REPLACED 149.00 65060 FOSTER COACH SALES, INC.#317 LED LIGHTS 398.16 65060 BILL'S AUTO & TRUCK REPAIR #449 STEP WARMER 177.19 65060 REINDERS, INC.#533 UNDERCARRIAGE PARTS 794.44 65060 GOLF MILL FORD #113 CONSOLE SCREWS 21.29 65060 GOLF MILL FORD #113 LATCH CONSOLE 32.30 65060 GOLF MILL FORD #133 REAR CALIPERS 461.34 65060 GOLF MILL FORD #14 DASH PANEL PLUG 13.08 65060 GOLF MILL FORD #166 BATTERY COVER 15.97 65060 GOLF MILL FORD #166 RADIATOR PLUG 6.30 65060 GOLF MILL FORD #262 GRAB HANDLE 56.90 65060 GOLF MILL FORD #262 LIGHT ASSY 75.35 65060 GOLF MILL FORD #509 HEADLIGHT BEZEL 180.46 65060 GOLF MILL FORD #529 LEAF SPRINGS 1,022.42 65060 GOLF MILL FORD #57 REPLACE FRONT STRUTS 550.89 65060 GOLF MILL FORD #571 BALL JOINTS 286.98 65060 GOLF MILL FORD #576 BALL JOINTS 613.52 65060 GOLF MILL FORD #576 FUEL PUMP 371.55 65060 GOLF MILL FORD #576 FUEL PUMP HARNESS 23.53 65060 GOLF MILL FORD #601 ARM REST 242.20 65060 GOLF MILL FORD #601 BACKING PLATES 61.70 65060 GOLF MILL FORD #601 BALL JOINT NUTS 15.68 65060 GOLF MILL FORD #601 FRONT END PARTS 740.79 65060 GOLF MILL FORD #601 HUB ASSY 754.90 65060 GOLF MILL FORD #601 LICENSE PLATE BRACKET 16.87 65060 GOLF MILL FORD #910 ARM REST PAD 242.20 65060 GOLF MILL FORD #917 BALL JOINTS 742.28 65060 GOLF MILL FORD CREDIT FOR CORE RETURN -325.00 65060 GOLF MILL FORD EXHAUST PIPE 157.20 65060 GOLF MILL FORD TIRE STEMS 59.16 65060 ORLANDO AUTO TOP #45 2 FRONT SEAT REPAIRS 1,075.00 65060 CHICAGO PARTS & SOUND, LLC BLOWER MOTOR RESISTOR 73.84 65060 CHICAGO PARTS & SOUND, LLC BRAKE PADS 164.94 65060 CHICAGO PARTS & SOUND, LLC BRAKE PADS AND ROTORS 478.58 65060 CHICAGO PARTS & SOUND, LLC BRAKES 230.94 65060 CHICAGO PARTS & SOUND, LLC CREDIT FOR RETURNED PARTS -478.58 65060 CHICAGO PARTS & SOUND, LLC FUEL FILTERS 212.40 65060 CHICAGO PARTS & SOUND, LLC THERMOSTAT AND GASKET 121.04 841 of 432 CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.14.2017 65060 ADVANCED PROCLEAN INC.POWER WASHING 1,243.00 65060 APC STORES, INC., DBA BUMPER TO BUMPER STATEMENT OF INVOICES FOR FEBRUARY 2017 4,445.63 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #315 FUEL SENDER 162.71 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #315 FUEL TANK SENDER 464.46 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #449 STEERING GEAR BOX 1,128.03 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #623 FUEL LINE 95.33 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #623 TEST CONNECTOR 22.01 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC DESICCANTS FILTERS 294.38 65065 WENTWORTH TIRE SERVICE 4 NEW TIRES 489.84 65065 WENTWORTH TIRE SERVICE 5 NEW TIRES 1,451.60 65065 WENTWORTH TIRE SERVICE RECAP TIRES 279.00 65065 WENTWORTH TIRE SERVICE TIRE REPAIR 164.00 65090 CINTAS FIRST AID & SUPPLY 1ST AID SUPPLY 171.23 65090 ULINE HD SAFETY BELT 82.15 7710 MAJOR MAINTENANCE Total 66,223.67 7710 MAJOR MAINTENANCE 65045 LISA GRAY REIMBURSEMENT: EPD PLATE STICKERS 175.00 7710 MAJOR MAINTENANCE Total 175.00 600 FLEET SERVICES FUND Total 67,231.38 601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 65550 NISSAN MOTOR ACCEPTANCE CORP JAN. FEB LEASE PAYMENTS 1,854.88 7780 VEHICLE REPLACEMENTS Total 1,854.88 601 EQUIPMENT REPLACEMENT FUND Total 1,854.88 605 INSURANCE FUND 7800 RISK MANAGEMENT 66044 STATE TREASURER, ILLINOIS WORKERS'ILLINOIS WORKERS COMPENSATION COMMISSION 1,423.89 7800 RISK MANAGEMENT Total 1,423.89 7801 EMPLOYEE BENEFITS 66040 JASCO ELECTRIC CORPORATION DAWES PARK PATH LIGHTING REPLACEMENT 5,180.00 7801 EMPLOYEE BENEFITS Total 5,180.00 605 INSURANCE FUND Total 6,603.89 Grand Total 2,874,492.29 942 of 432 CITY OF EVANSTON BILLS LIST PERIOD ENDING 03.14.2017 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT VARIOUS VARIOUS VARIOUS AMBULANCE REFUNDS 504.45 504.45 INSURANCE VARIOUS VARIOUS CASUALTY LOSS 16377.14 VARIOUS VARIOUS WORKERS COMP 71,398.29 VARIOUS VARIOUS CASUALTY LOSS 9,637.75 VARIOUS VARIOUS CASUALTY LOSS 44542.41 VARIOUS VARIOUS WORKERS COMP 600.00 142,555.59 SEWER 7621.68305 IEPA LOAN DISBURSEMENT SEWER FUND 76,866.64 7622.68305 IEPA LOAN DISBURSEMENT SEWER FUND 220,788.88 297,655.52 440,715.56 Grand Total 3,315,207.85 PREPARED BY DATE REVIEWED BY DATE APPROVED BY DATE 1043 of 432 7For the City Council Meeting of September 20, 2010 2nd Quarter Financial Report For City Council Meeting of March 13, 2017 Item A3.1 Fourth Quarter Financial Report for Fiscal Year 2016 For Action: Accept and Place on File To: Honorable Mayor and Members of the City Council From: Martin Lyons, Assistant City Manager/Chief Financial Officer Ashley King, Budget & Finance Manager CC: Wally Bobkiewicz, City Manager Subject: Fourth Quarter Financial Report for Fiscal Year 2016 Date: March 13, 2017 Recommended Action: Staff recommends City Council accept and place the Fourth Quarter Financial Report for FY 2016 on file. Summary: The City ended the fourth quarter of the 2016 fiscal year with $4.3 million more in cash and approximately $1.1 million more in fund balance than the audited year-end of 2015. 2016 numbers are still unaudited and will be adjusted during the audit process to account for various accruals. A majority of this preliminary difference is in the following funds: Cash 2015 Fund Balance 2015 Cash 2016 Fund Balance 2016 Cash Difference Fund Balance Difference Balance Differences General Fund 4,000,065 10,704,836 5,370,342 11,909,074 1,370,277 1,204,238 Capital Improvement Fund 8,182,705 5,255,424 13,124,676 9,633,817 4,941,971 4,378,393 Parking Fund 10,466,984 10,777,874 8,425,983 11,486,869 (2,041,001) 708,995 Water Fund 8,680,710 9,223,203 6,024,908 5,291,422 (2,655,802) (3,931,781) Sewer Fund 2,177,325 4,012,808 3,443,030 4,963,921 1,265,705 951,113 All Other Funds 22,590,915 21,377,397 24,014,443 19,192,832 1,423,528 (2,184,565) - - Total 56,098,704 61,351,542 60,403,382 62,477,935 4,304,678 1,126,393 The 2016 Water Fund balance is lower due to the timing of capital projects and is still well above the minimum fund balance, per policy. Memorandum 44 of 432 - 2 - At the close of the first quarter of 2016, there was a General Fund surplus of $4.1 million; at the end of the second quarter a surplus of $8 million; at the end of the third quarter a surplus of $5.2 million. This 4th quarter report shows a surplus of $1.2 million. There are a number of receivables which will be booked during the audit process in the first quarter of 2017 (2016 audit). The adjustments will bring the 2016 year-end fund balance to over $12 million compared to our estimated fund balance projection in the 2017 budget document of $12.3 million. The current attached financial report shows the General Fund year-end balance at $11,909,074. The City’s internal policy is for 16.6% of expenses to be in fund balance as a reserve. The 2016 year-end minimum reserve is over $18 million. This increase is due to the required reporting of police/fire pension costs in the General Fund. With the 2017 Budget Adoption, Council approved the combination of the Economic Development Fund into the General Fund. This will add $2,887,918 to the fund balance, bringing it to nearly $15 million. Details of this transfer and the implications can be found on page 16 of the 2017 Budget. The main differences between 2015 and 2016 year-end are explained below: • Property taxes are higher than this time last year because the City adopted this increase for the 2016 Budget (page 56 of 2016 budget). Although the increase is for the Pension funds, this money is now double counted as an interfund transfer into the General Fund and then also into the respective pension funds. • Natural Gas Utility Tax revenue is weather dependent and was lower in 2016 than 2015. 2015 Revenue was $987,000. For 2016, this revenue was $870,092. January and February 2017 were also uncharacteristically warm, anticipating that the budget will not be met in 2017 either. Snow removal expenses will also be much less, however, due to this loss of revenue may not be reallocated to other expenditure areas. • Telecommunications Tax ended 2016 at $2,114,254.82; this is over $300,000 lower than 2015 revenue for this line item. Staff has noted this revenue source will decline due to a shift in consumers opting out of additional phone lines as well as moving to internet-based phone services (which are not taxable). • Building permits are $3.8 million higher than last year. 2015 anticipated a building permit that was delayed until 2016. 2016 permit revenue was nearly $8.5 million. This higher permit revenue continues to show the increase in building throughout Evanston. The 2017 budget for this line item is $9.3 million with an anticipated $1.7 million being transferred to the Capital Fund. Attached are summaries of the City’s funds for the fourth quarter of FY 2016. In reviewing these reports, please note the following: • A majority of the revenues are recorded at the time they are actually received (permits, property taxes, fees, etc.), however, some revenues are recorded at the time of notification of the revenue being earned by the City (sales, income, telecommunications taxes, etc). • While some major revenues are received on a monthly basis, other revenues are received less uniformly throughout the year. An example is property taxes, which 45 of 432 - 3 - are billed bi-annually and then distributed by the County as payments are received. Wheel tax (also known as vehicle license) is another example of City revenue received in a non-monthly manner. Vehicle license revenue is majority received in November and December due to the renewal period opening in October. This revenue is payment for the full year vehicles license for the following year. Residents pay their 2017 vehicle license in 2016. • Operating expenses are incurred on a uniform basis for items such as payroll, utilities, fuel, etc., and on an as needed basis for supplies, equipment and specific outsourced services. General Fund Revenues: General Fund revenues through the December 31, 2016 were $112.3 M or 100.2% of budget. The fourth quarter performance of major General Fund revenue sources is summarized below: • Through December 31, 2016 property tax revenue was $27,302,687 or 99.6% of budget. • State income tax was recorded in the amount of $8,022,920 through December 31, 2016, achieving 105% of the budget target for this revenue item. • Regular sales tax revenue in FY 2016 was $9,953,698 or 93% of budget. Home rule sales tax revenue in FY 2016 was $6,128,279 or 94% of budget. Both of these amounts were significantly under the Illinois Municipal League forecasted amounts, which is the basis for City projections. • Real estate transfer tax through December 31, 2016 totaled $3,527,714 or 18% over the budget target for this item. The budget for 2017 was increased to $3,100,000 or $100,000 over the 2016 budget. • Through December 31, 2016, licenses, permits, and fees were approximately 12% over budget. Building permit revenue was $8,485,571 or nearly $1 million over budget. General Fund Expenditures: Through December 31, 2016, General Fund expenditures were $111,150,697 or 99.4% of budget. It is important to note, for the General Fund, many expenditures / disbursements are not made evenly throughout the year. For example: • Seasonal employee wages in Parks, Recreation and Community Services are typically charged during the summer months. • Police Department assigns additional patrol details during the summer months. • There were minor snow events in November and December. • As noted in the monthly financial report, the City had three and a half pay periods in December 2016, each at approximately $2.6 million. As can be seen in the attached chart, there were a few General Fund departments which were over budget at the year-end for expenses. • City Clerk’s budget is over by $30,772 mainly in personnel costs. This is partially offset by Passport processing revenue over budget of $14,238. • Police is over budget by $105,897. 46 of 432 - 4 - • Fire is over budget by 3% or $631,861 mainly in personnel expenses: o Regular Pay over budget by $252,477. o Termination Payouts over budget by $19,253 o Annual Sick Leave Payouts over budget by $61,604. o Overtime Pay over budget by $385,792. Community engagement activities Coverage for staff out due to injury on the job • Parks is over budget by $115,450 but this is offset by a revenue increase of $25,155.79. During the audit process, restricted revenue will be re-classified bringing the 2016 revenue to an increase of approximately $125,000. Overall, through 2016 Q4 General Fund revenues are approximately $8 million more than through Q4 2015 and Q4 2016. Expenses are $5 million more than Q4 2015 General Fund expenses. A contributing factor to this increase is the 2016 additional property tax expense for pensions which is a pass-through in the General Fund (hitting both expenses and revenues), the $1 million increase of Good Neighbor Funds from Northwestern, a 2016 increase of 3.07 FTEs, the opening of the Gibbs Morrison Cultural Center, and aforementioned increases in building permits. Revenues Expenses End of year 2015 $104,321,698 $106,872,275 End of year 2016 $112,354,936 $111,150,697 Enterprise Funds: Similar to the General Fund, many enterprise fund revenues and expenses/disbursements do not occur evenly throughout the year. A summary of Enterprise Revenue and Expenses is below: Revenues % of Budget Expenses % of Budget Net 2016 Parking Fund 10,436,695$ 101.10% 9,727,700$ 57.40% 708,995$ Water Fund 24,473,950$ 64.90% 28,405,731$ 69.10% (3,931,781)$ Sewer Fund 13,056,297$ 94.11% 4,842,356$ 31.28% 8,213,941$ Solid Waste Fund 5,042,632$ 96.95% 4,740,573$ 92.22% 302,059$ All of the enterprise funds ended the year with higher projected surplus than was estimated. Attachments Attachment 1: December 31, 2016 Monthly Financial Report Attachment 2: December 31, 2016 Investment Update 47 of 432 Attachment 1: December 2016 Monthly Financial Report To: Wally Bobkiewicz, City Manager Martin Lyons, Assistant City Manager/Chief Financial Officer From: Ashley King, Finance & Budget Manager Subject: December 2016 Monthly Financial Report Date: February 22, 2017 Please find attached the unaudited financial statements as of December 31, 2016. A summary by fund for revenues, expenditures, fund and cash balances is as follows: YTD Revenues YTD Expenses YTD Net YTD Fund Balance YTD Cash Balance 112,354,935 111,150,697 1,204,238 11,909,074 5,370,342 884,794 849,394 35,400 35,400 70,806 878,006 806,600 71,406 584,645 589,098 1,000,000 1,000,000 ()(0) 1,000,000 7,008,429 6,667,696 340,733 760,818 879,204 63,157 91,447 (28,289)(28,289) 92,669 1,903,074 2,319,789 (416,715)1,413,678 1,236,977 890,046 1,429,460 (539,414)12,304 321,268 323,000 (1,732)(192,276) 2,026,675 2,022,452 4,224 64,106 217,817 218,521 (704)157,661 52,816 2,564,472 2,232,536 331,936 2,887,918 2,614,100 169,915 169,915 273,784 276,177 (2,393)2,377 633,250 226,207 407,043 1,400,923 1,405,965 390,978 439,491 (48,513)(11,849) 328,633 4,743,661 4,561,415 182,246 6,624,676 6,728,527 (145) 525,284 (525,429)- 1,235,994 1,873,437 (637,443)473,064 701,026 815,787 787,249 28,537 (84) 82,737 12,995 37,998 (25,003)417,260 425,582 29,415 (29,415)(29,415) 1,580,000 1,756,993 (176,993)135,077 135,077 21,754,356 23,294,416 (1,540,061)746,055 1,048,486 223,298 145,003 78,294 78,294 165,699 15,675,519 11,558,743 4,116,776 9,633,817 13,124,676 685,884 369,449 316,435 2,999,216 2,996,021 10,436,695 9,727,700 708,995 11,486,869 8,425,983 24,473,951 28,405,732 (3,931,781)5,291,422 6,024,908 13,056,297 4,842,356 8,213,941 5,693,921 3,443,030 5,042,632 4,740,573 302,059 (926,498) 3,402,094 2,994,316 407,779 773,239 274,674 1,501,041 1,495,009 6,032 1,283,721 1,266,754 17,072,851 17,347,460 (274,609)(639,105) 1,749,678 TOTALS 253,123,596 244,546,014 8,577,582 63,207,936 60,403,383 605 INSURANCE FUND 600 FLEET SERVICES FUND 601 EQUIPMENT REPLACEMENT FUND 515 SEWER FUND 520 SOLID WASTE FUND 510 WATER FUND 420 SPECIAL ASSESSMENT FUND 505 PARKING SYSTEM FUND 320 DEBT SERVICE FUND 415 CAPITAL IMPROVEMENTS FUND 350 SPECIAL SERVICE AREA #6 340 DEMPSTER-DODGE TIF FUND 345 CHICAGO-MAIN TIF 330 HOWARD-RIDGE TIF FUND 335 WEST EVANSTON TIF FUND 305 SPECIAL SERVICE AREA (SSA) #5 310 HOWARD-HARTREY TIF 186 LIBRARY DEBT SERVICE FUND 300 WASHINGTON NATIONAL TIF 250 AFFORDABLE HOUSING FUND 235 NEIGHBORHOOD IMPROVEMENT 240 HOME FUND 225 ECONOMIC DEVELOPMENT FUND 215 CDBG FUND 220 CDBG LOAN 205 EMERGENCY TELEPHONE (E911) 210 SPECIAL SERVICE AREA (SSA) #4 195 NEIGHBORHOOD STABILIZATION 200 MOTOR FUEL TAX FUND 185 LIBRARY FUND 175 GENERAL ASSISTANCE FUND 180 GOOD NEIGHBOR FUND 100 GENERAL FUND 176 HEALTH AND HUMAN SERVICES Fund Fund Description Memorandum 48 of 432 Attachment 1: December 2016 Monthly Financial Report Included above are the ending balances as of December 31, 2016 for both unreserved fund and cash balances. Of these two amounts, cash balance is the more meaningful metric since this represents liquid cash and/or invested assets which can be used (or easily sold) to support and fund current operations. While ending fund balance is also an important measurement of the City’s financial health, it usually includes illiquid assets or future cash receipts or disbursements such as receivables (including property tax) due to the City and accounts payable/accrued expenses. As of December 31, 2016, the General Fund is reporting a net surplus of $1,204.238. This does not include a variety of year-end adjustments which are anticipated to bring the General Fund fund balance to approximately $12,000,000. The original projected surplus was just over $1.6 million. Year-end expenses were under the estimate but revenues did not meet estimates, mainly due to income and sales tax being below anticipated amounts. The attached supplemental charts show the General Fund Revenues at 100.2% of budget and expenses lower at 99.4%. General Fund revenues include the $2.9 million permit from Northwestern as well as pension property taxes. Through December 31, 2016, the SSA #4 Fund is showing a negative fund balance of $192,276 and a $0 cash balance. This is due to the timing of payments to the Downtown Evanston group. Through December 31, 2016, the Economic Development Fund is showing a fund balance of $2,887,918 and a cash balance of $2,614,100. This fund will be eliminated in 2017 with the fund and cash balance transferred to Business Unit 5300 in the General Fund. Special Service Area #5 received 2016 property taxes in error for the first installment. This is due to the first property tax installment always being 55% of the previous year’s tax amount. This money was refunded to the County in early December and is reflected in this financial report. Through December 31, 2016, the Capital Fund is showing expenses of $11,558,743. As the year-end close process continues, expenses are anticipated to increase to reflect payables due to IDOT and other organizations which will be paid in 2017. Through December 31, 2016, the enterprise funds (Parking, Water, and Sewer) have balances above average. Through December 31, 2016, the Solid Waste Fund has a negative fund balance of $926,498 and a cash balance of $0. Through December 31, 2016, the Insurance Fund is showing a negative fund balance of $639,105 with a cash balance of $1,749,678. If there are any questions on the attached report, please contact me by phone at (847) 859-7884 or by email: aking@cityofevanston.org. Detailed fund summary reports can be found at: http://www.cityofevanston.org/city-budget/financial-reports/. 49 of 432 50 of 432 51 of 432Attachment 1: December 2016 Monthly Financial Report Attachment 1: December 2016 Monthly Financial Report 2016 December YTD % of Budget Actual Actual % 2015 Actual Fund 100 - GENERAL FUND 27,417,407 156,456 27,302,687 99.6% 25,915,970 45,986,550 5,377,364 44,946,338 97.7% 44,978,985 5,329,777 1,757,030 5,268,550 98.9% 5,324,137 9,276,550 322,687 11,012,646 118.7% 6,704,846 125,700 22,316 70,395 56.0% 155,619 4,609,825 468,198 3,602,413 78.1% 3,548,230 640,000 53,334 646,695 101.0% 640,000 5,374,751 357,842 5,724,759 106.5% 5,406,379 2,433,216 285,433 2,687,947 110.5% 2,239,528 8,842,365 1,399,916 8,709,861 98.5% 7,774,256 765,727 150,549 769,027 100.4% 670,245 1,286,843 569,350 1,583,332 123.0% 956,932 50,000 3,751 30,285 60.6% 6,572 112,138,711 10,924,226 112,354,936 100.2% 104,321,698 424,958 48,548 424,171 99.8% 419,962 263,203 37,150 293,975 111.7% 283,764 6,989,746 1,549,141 6,871,876 98.3% 1,814,469 1,130,000 130,863 1,046,582 92.6% 1,051,325 9,634,173 1,304,624 9,161,332 95.1% 9,763,951 2,782,897 328,358 2,505,921 90.0% 2,425,618 37,696,278 3,677,663 37,802,175 100.3% 37,239,961 22,601,742 2,087,186 23,233,603 102.8% 21,331,507 3,610,779 347,261 3,093,815 85.7% 3,212,848 11,845,590 1,477,036 11,961,040 101.0% 11,180,116 14,861,248 2,114,581 14,756,209 99.3% 18,148,755 111,840,614 13,102,411 111,150,697 99.4% 106,872,275 112,138,711 10,924,226 112,354,936 100%104,321,698 111,840,614 13,102,690 111,150,697 99%106,872,275 298,097 (2,178,464) 1,204,239 286%(2,550,577) Classification Fines and Forfeitures Parking Charges for Services Parks and Recreation Charges for Services Other Charges for Services Property Taxes Other Taxes License Permit Fee City Council City Clerk City Manager's Office Law Interfund Transfers Intergovernmental Revenue Other Revenue Interest Income EXPENSE TOTALS Administrative Services Community Development Police Fire Health & Human Services December Financial Report Through 12/31/16 City of Evanston REVENUE TOTAL EXPENSE TOTAL Fund 100 - GENERAL FUND Net Gain (Loss) Parks, Recreation & Community Service Public Works Agency Fund 100 - GENERAL FUND Totals REVENUE TOTALS 52 of 432 Attachment 1: December 2016 Monthly Financial Report 2016 December YTD Budget Actual Actual % 2015 Actual Fund 505 - PARKING SYSTEM FUND 0 150 3,350 +++150 6,379,675 623,131 6,319,024 99.0% 6,010,558 65,000 0 168,500 259.2%0 3,711,770 309,314 3,711,768 100.0% 2,925,296 12,125 0 0 0.0%0 119,216 42,855 195,895 164.3% 153,545 35,070 9,867 38,159 108.8% 18,260 10,322,856 985,317 10,436,695 101.1% 9,107,809 23,000 4,197 26,465 115.1% 29,187 1,160,688 159,578 1,206,649 104.0% 966,953 113,349 14,064 105,009 92.6% (33,034) 3,022,411 243,278 2,841,933 94.0% 2,616,554 278,864 21,308 237,610 85.2% 243,068 3,474,000 716,134 2,867,258 82.5% 128,726 507,900 47,105 504,784 99.4% 478,187 2,873,395 0 0 0.0% 2,846,227 11,000 1,119 5,910 53.7% 6,951 3,917,652 (3,516,846) 390,235 10.0% 503,423 252,000 0 238,064 94.5% 23,687 1,303,783 108,649 1,303,783 100.0% 923,092 16,938,042 (2,201,414) 9,727,700 57.4% 8,733,020 10,322,856 985,317 10,436,695 101%9,107,809 16,938,042 (2,201,414) 9,727,700 57%8,733,020 (6,615,186) 3,186,732 708,995 (11%) 374,789 EXPENSE TOTALS Fund 505 - PARKING SYSTEM FUND Net Gain December Financial Report Through 12/31/16 City of Evanston REVENUE TOTAL EXPENSE TOTAL Debt Service Miscellaneous Interfund Transfers Fund 505 - PARKING SYSTEM FUND Totals REVENUE TOTALS Supplies Capital Outlay Insurance and Other Chargebacks Depreciation Expense Contingencies Employee Pay Benefits Pensions Services Interfund Transfers Intergovernmental Revenue Other Revenue Interest Income Permit Parking Charges for Services Parks and Recreation Charges for Services Classification 53 of 432 Attachment 1: December 2016 Monthly Financial Report 2016 December YTD % of Budget Actual Actual % 2015 Actual Fund 510 - WATER FUND 70,000 4,007 90,592 129.4% 105,483 15,133,000 (1,478,214) 15,783,608 104.3% 15,141,770 39,000 17,669 65,296 167.4% 40,911 126,000 0 134,470 106.7% 125,545 0 0 8,125,064 2,354,582 22,348,400 (3,960,241) 258,384 1.2% 350,065 1,600 1,773 16,536 1033.5% 3,448 37,718,000 (5,415,006) 24,473,950 64.9% 18,121,804 210,465 30,678 193,328 91.9% 157,679 3,888,603 510,506 3,908,362 100.5% 3,884,943 360,355 53,312 393,195 109.1% (114,870) 4,763,760 440,896 2,099,412 44.1% 1,250,874 1,392,190 134,124 943,833 67.8% 1,048,119 24,776,106 179,523 7,484,138 30.2%105 1,114,195 105,096 1,110,835 99.7% 1,131,508 0 0 0 2,096,633 1,000 342 1,000 100.0%933 1,053,288 (867,266) 633,708 60.2% 432,628 62,980 0 10,543 16.7% (286,678) 3,502,313 (30,320) 11,627,377 332.0% 3,692,565 41,125,255 556,890 28,405,731 69.1% 13,294,439 37,718,000 (5,415,006) 24,473,950 43%18,121,804 41,125,255 556,890 28,405,731 151%13,294,439 (3,407,255) (5,971,896) (3,931,781) (18%) 4,827,365 EXPENSE TOTALS Fund 510 - WATER FUND Net Gain (Loss) December Financial Report Through 12/31/16 City of Evanston REVENUE TOTAL EXPENSE TOTAL Debt Service Miscellaneous Interfund Transfers Fund 510 - WATER FUND Totals REVENUE TOTALS Supplies Capital Outlay Insurance and Other Chargebacks Depreciation Expense Contingencies Employee Pay Benefits Pensions Services Other Charges for Services Interfund Transfers Other Revenue Interest Income Fee Water Charges for Services Sewer Charges for Services Classification 54 of 432 Attachment 1: December 2016 Monthly Financial Report 2016 December YTD % of Budget Actual Actual % 2015 Actual Fund 515 - SEWER FUND 12,869,000 822,795 13,027,160 101.23% 12,491,290 19,650 0 21,600 109.92% 19,650 984,165 (551,776) 3,087 0.31% 2,962 1,000 392 4,450 444.95% 2,706 13,873,815 271,411 13,056,297 94.11% 12,516,607 57,040 3,740 37,763 66.20% 60,837 881,327 111,678 862,355 97.85% 858,361 86,092 11,363 85,100 98.85% (27,099) 903,500 276,455 530,350 58.70% 90,109 92,300 7,256 40,736 44.13% 18,817 3,048,314 33,400 756,544 24.82% 13,609 414,439 38,670 414,270 99.96% 412,461 0 0 0 3,443,723 9,222,913 (7,084,604) 1,336,366 14.49% 1,550,407 1,500 0 5,000 333.33% 3,306 773,876 64,489 773,873 100.00% 735,235 15,481,301 (6,537,552) 4,842,356 31.28% 7,159,766 13,873,815 271,411 13,056,297 94%12,516,607 15,481,301 (6,537,552) 4,842,356 31%7,159,766 (1,607,486) 6,808,964 8,213,941 (511%) 5,356,842 EXPENSE TOTALS Fund 515 - SEWER FUND Net Gain (Loss) December Financial Report Through 12/31/16 City of Evanston REVENUE TOTAL EXPENSE TOTAL Debt Service Miscellaneous Interfund Transfers Fund 515 - SEWER FUND Totals REVENUE TOTALS Services Supplies Capital Outlay Insurance and Other Chargebacks Depreciation Expense Employee Pay Benefits Pensions Sewer Charges for Services Other Charges for Services Other Revenue Interest Income Classification 55 of 432 Attachment 1: December 2016 Monthly Financial Report 2016 December YTD % of Budget Actual Actual % 2015 Actual Fund 520 - SOLID WASTE FUND 275,000 0 125,404 45.60% 213,490 3,632,394 322,100 3,586,453 98.74% 3,561,584 1,055,967 87,997 1,055,967 100.00% 1,055,967 238,000 1,367 274,808 115.47% 228,469 5,201,361 411,464 5,042,632 96.95% 5,059,510 25,000 7,562 43,025 172.10% 41,358 649,690 74,383 620,226 95.46% 574,692 63,718 7,939 63,448 99.58% (15,981) 3,679,126 171,501 3,300,142 89.70% 3,644,097 53,050 2,878 55,106 103.88% 73,788 25,750 720 6,034 23.43% 24,738 129,690 13,531 138,618 106.88% 249,232 0 (17,982) 2,251 68,419 15,000 0 12,232 81.55%0 499,493 41,624 499,493 100.00% 490,106 5,140,517 302,157 4,740,573 92.22% 5,150,448 5,201,361 411,464 5,042,632 97%5,059,510 5,140,517 302,157 4,740,573 92%5,150,448 60,844 109,307 302,059 496%(90,938) REVENUE TOTALS EXPENSE TOTALS Fund 520 - SOLID WASTE FUND Net Gain (Loss) Insurance and Other Chargebacks Debt Service Miscellaneous Interfund Transfers Fund 520 - SOLID WASTE FUND Totals EXPENSE TOTAL Services Supplies Capital Outlay Interfund Transfers Other Revenue Employee Pay Benefits Pensions REVENUE TOTAL License Other Charges for Services Classification December Financial Report Through 12/31/16 City of Evanston 56 of 432 Attachment 1: December 2016 Monthly Financial Report 57 of 432 Attachment 2: December 31, 2016 Investment Report Memorandum To: Wally Bobkiewicz, City Manager From: Martin Lyons, Asst. City Manager/CFO Subject: FY2016 – 4th Quarter - Cash and Investment Report Date: March 8, 2017 Attached please find the Cash and Investment report as of December 31, 2016. A comparison between the 2015 fourth quarter investment report and 2016 fourth quarter indicates an increase in combined cash & investments of $4,304,678, from $56,098,704 to $60,403,382. Cash and investment changes from the previous period are summarized below: While individual cash balances vary as noted on the attached table, this stability in overall non-pension cash reserves will help the City respond to potential changes in the State Budget Crisis. As of December 31, 2016, ledger balances showing the highest percentage of total deposits was held by First Bank and Trust at $26.8M or 44.5% of the total, PMA Financial at approximately 22.1M, or 36.6%, followed by U.S. Bank at $9.7M or 16.1%. The increase in the total Cash and Investments was due to receipt of $14 million proceeds from bond issuance at the end of September offset by capital expenditures. A portion of this money has been allocated from First Bank and Trust to other institutions during October to be in compliance with the City’s investment policy to ensure no financial institution should have greater than 50% of the city’s total deposits. If you have any questions on this report or would like to discuss in greater detail, please contact me by phone at (847) 448.8082 or by e-mail at mlyons@cityofevanston.org. 12/31/2015 12/31/2016 Change Cash 25,963,255 26,985,840 1,022,585 Investments 30,135,449 33,417,542 3,282,093 TOTAL 56,098,704 60,403,382 4,304,678 58 of 432 59 of 432 60 of 432 For City Council meeting of March 13, 2017 Item A3.2 Business of the City by Motion: Self-Contained Breathing Apparatus Purchase For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Brian Scott, Fire Chief Subject: Self-Contained Breathing Apparatus Purchase Date: March 6, 2017 Recommended Action: Fire Department Staff recommends and requests approval for the purchase of 38 Self- Contained Breathing Apparatus (SCBA) from, Municipal Emergency Services, Inc., 124 East First Street, Deer Park, IL 61733. The cost of the purchase is $243,200. Funding Source: The funding will come partially from a grant competition through which the Fire Department was awarded $221,091 from the Department of Homeland Security’s Assistance to Firefighters Grant Program. The City of Evanston is responsible for 10% of that amount ($22,109) under the terms of the grant, which will come from funds budgeted to 100.23.2305.62670. Livability Benefits: Health and Safety: Improved emergency prevention and response, enhanced resiliency to natural and human hazards. Summary: Invitations to bid were advertised and placed on Demand Star. The bid document was also sent directly to four distributors of the SCBA equipment the Fire Department requires. The SCBA is a mission critical piece of equipment. Each and every member responding to an emergency must have access to a SCBA. This grant will afford our members access to state-of-the-art equipment immediately. Staff is already fully trained in the use of the SCBA and able to review enhancements to utilize equipment upon receipt. Memorandum 61 of 432 For City Council Meeting of March 13, 2017 Item A3.3 Business of the City by Motion: Martial Arts Instruction Agreement For Action To: Honorable Mayor and Members of the City Council Members of the Administration and Public Works Committee From: Lawrence Hemingway, Director of Parks, Recreation & Community Services Karen Hawk, Assistant Director, Community Services Subject: Approval of Service Agreement with Connelly’s Academy for Martial Arts Instruction at the Levy Center Date: March 13, 2017 Recommended Action Staff recommends that City Council authorizes the City Manager to execute a sole source agreement with Connelly’s Academy (9750 Karlov Avenue, Skokie, IL) through December 2018 for a martial arts program services at the Levy Senior Center. Funding Source: Revenue from program registrations are deposited into the General Fund Account, Levy Senior Center 100.30.3055.53565 and expenses for instruction paid from 100.30.3055.62505. Compensation for the vendor is based on the following percentages of revenue collected: Program Vendor Revenue City Revenue Martial Arts Instruction 60% 40% Livability Benefits Health and Safety: Promote healthy, active lifestyles Summary Connelly’s Academy has been the providing vendor for martial arts instruction at the Levy Senior Center for over twenty seven years. During this time, Mr. Connelly has worked very hard to provide excellent instruction to participant’s ages four years to adult and to grow the program to today’s level of participation. The vendor provides instructors and equipment. The curriculum taught by Mr. Connelly and his instructors is very specific to his form of martial arts instruction and he has made a substantial investment in growing the program. Since January, there have been 297 registered participants for the program. Memorandum 62 of 432 Below is a breakdown of the program fees charged for an eight week session: Length Resident Fee Non-Resident Fee “Drop In” 45/60 mins $96 for Residents $106 for Non-residents $15 per class 90 mins $120 for Residents $130 for Non-residents $20 per class Staff projects total 2017 expenditure payments to Connelly’s Academy at $32,400 and revenues of $54,000, based on anticipated participation. In 2016, Connelly’s Academy was paid $29,026 for instructional services and revenues reached $48,360 for a net of $19,334. All expenses for the program are covered by participation fees. As mentioned above, Mr. Connelly has done an excellent job in providing instruction for the martial arts program and staff recommends continuation of this current agreement, which expired December 31, 2016. Attachment Martial Arts Instruction Agreement 63 of 432 1 CITY OF EVANSTON PROFESSIONAL SERVICES AGREEMENT The parties referenced herein desire to enter into an agreement for professional services for Tae Kwon Do for the City of Evanston THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this 1st day of January, 2017 between the City of Evanston, an Illinois municipal corporation with offices located at 2100 Ridge Avenue, Evanston Illinois 60201 (hereinafter referred to as the “City”), and Connelly’s Academy with offices located at 9750 Karlov Ave, Skokie, IL 60076, (hereinafter referred to as the “Consultant”). Compensation for all basic Services (“the Services”) provided by the Consultant pursuant to the terms of this agreement. I. COMMENCEMENT DATE Consultant shall commence the Services on January 1, 2017. II. COMPLETION DATE Consultant shall complete the Services by December 31, 2018. If this Agreement provides for renewals after an initial term, no renewal shall begin until agreed to in writing by both parties prior to the completion date of this Agreement. III. PAYMENTS City shall pay Consultant 60% of collected revenue (resident’s rate) for instruction of Tae Kwon Do programs. Any expenses in addition to those set forth here must be specifically approved by the City in writing in advance. IV. DESCRIPTION OF SERVICES 64 of 432 2 Consultant shall perform the services (the “Services”) set forth here: Services are those as defined in Exhibit A, the City’s Request for Proposal/Qualifications (Exhibit B) and Consultant’s Response to the Proposal (Exhibit C). Services may include, if any, other documented discussions and agreements regarding scope of work and cost (Exhibit D). EXHIBIT A, B, C, D ----ATTACHED. V. GENERAL PROVISIONS A. Services. Consultant shall perform the Services in a professional and workmanlike manner. All Services performed and documentation (regardless of format) provided by Consultant shall be in accordance with the standards of reasonable care and skill of the profession, free from errors or omissions, ambiguities, coordination problems, and other defects. Consultant shall take into account any and all applicable plans and/or specifications furnished by City, or by others at City’s direction or request, to Consultant during the term of this Agreement. All materials, buildings, structures, or equipment designed or selected by Consultant shall be workable and fit for the intended use thereof, and will comply with all applicable governmental requirements. Consultant shall require its employees to observe the working hours, rules, security regulations and holiday schedules of City while working and to perform its Services in a manner which does not unreasonably interfere with the City’s business and operations, or the business and operations of other tenants and occupants in the City which may be affected by the work relative to this Agreement. Consultant shall take all necessary precautions to assure the safety of its employees who are engaged in the performance of the Services, all equipment and supplies used in connection therewith, and all property of City or other parties that may be affected in connection therewith. If requested by City, Consultant shall promptly replace any employee or agent performing the Services if, in the opinion of the City, the performance of the employee or agent is unsatisfactory. Consultant is responsible for conforming its final work product to generally accepted professional standards for all work performed pursuant to this Agreement. Consultant is an independent Consultant and is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including but not limited to, Worker’s Compensation Insurance. Nothing in this Agreement accords any third-party beneficiary rights whatsoever to any non-party to this Agreement that any non-party may seek to enforce. Consultant acknowledges and agrees that should Consultant or its subconsultants provide false information, or fail to be or remain in compliance with this Agreement, the City may void this Agreement. The Consultant warrants and states that it has read the Contract Documents, and agrees to be bound thereby, including all performance guarantees as respects Consultant’s work and all indemnity and insurance requirements. The Consultant shall obtain prior approval from the City prior to subcontracting with any entity or person to perform any of the work required under this Agreement. If the Consultant subcontracts any of the services to be performed under this Agreement, the subconsultant agreement shall provide that the services to be performed under any such agreement shall not be sublet, sold, transferred, assigned or otherwise disposed of to another entity or person without the City’s prior written consent. The Consultant shall be responsible for the accuracy and quality of any 65 of 432 3 subconsultant’s work. All subconsultant agreements shall include verbatim or by reference the provisions in this Agreement binding upon Consultant as to all Services provided by this Agreement, such that it is binding upon each and every subconsultant that does work or provides Services under this Agreement. The Consultant shall cooperate fully with the City, other City contractors, other municipalities and local government officials, public utility companies, and others, as may be directed by the City. This shall include attendance at meetings, discussions and hearings as requested by the City. This cooperation shall extend to any investigation, hearings or meetings convened or instituted by OSHA relative to this Project, as necessary. Consultant shall cooperate with the City in scheduling and performing its Work to avoid conflict, delay in or interference with the work of others, if any, at the Project. Except as otherwise provided herein, the nature and scope of Services specified in this Agreement may only be modified by a writing approved by both parties. This Agreement may be modified or amended from time to time provided, however, that no such amendment or modification shall be effective unless reduced to writing and duly authorized and signed by the authorized representatives of the parties. B. Representation and Warranties. Consultant represents and warrants that: (1) Consultant possesses and will keep in force all required licenses to perform the Services, (2) the employees of Consultant performing the Services are fully qualified, licensed as required, and skilled to perform the Services. C. Termination. City may, at any time, with or without cause, terminate this Agreement upon seven (7) days written notice to Consultant. If the City terminates this agreement, the City will make payment to Consultant 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 right terminate this Agreement without prior written notice. Within thirty (30) days of termination of this Agreement, the Consultant shall 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 specifically identified by the City related to the Services herein. D. Independent Consultant. Consultant’s status shall be that of an independent Consultant and not that of a servant, agent, or employee of City. Consultant shall not hold Consultant out, nor claim to be acting, as a servant, agent or employee of City. Consultant is not authorized to, and shall not, make or undertake any agreement, understanding, waiver or representation on behalf of City. Consultant shall at its own expense comply with all applicable workers compensation, unemployment insurance, 66 of 432 4 employer’s liability, tax withholding, minimum wage and hour, and other federal, state, county and municipal laws, ordinances, rules, regulations and orders. Consultant 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. E. Conflict of Interest. Consultant represents and warrants that no prior or present services provided by Consultant 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 Consultant to City and consented to in writing to City. F. Ownership of Documents and Other Materials. 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 Consultant 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 Consultant. Upon the termination of this Agreement, or upon request of City, during any stage of the Services, Consultant shall promptly deliver all such materials to City. Consultant 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 Consultant may retain copies of the same for Consultant’s own general reference. G. Payment. Invoices for payment shall be submitted by Consultant 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. H. Right to Audit. Consultant 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 Consultant, 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 Consultant is found to have been overstated, Consultant 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. I. Indemnity. Consultant 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, 67 of 432 5 including attorney’s fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Consultant or Consultant’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. The Consultant 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, Consultant 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 Consultant of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Agreement by Consultant 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, Consultant 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 Consultant 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. Consultant 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 subConsultants’ work. Acceptance of the work by the City will not relieve the Consultant 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 shall survive completion, expiration, or termination of this Agreement. J. Insurance. Consultant shall carry and maintain at its own cost with such companies as are reasonably acceptable to City all necessary liability 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 Consultant, and insuring Consultant against claims which may arise out of or result from Consultant’s performance or failure to perform the Services hereunder: (1) worker’s compensation in statutory limits and employer’s liability insurance in the amount of at least $500,000, (2) comprehensive general liability coverage, and designating City as 68 of 432 6 additional insured for not less than $1,000,000 combined single limit for bodily injury, death and property damage, per occurrence, (3) comprehensive automobile liability insurance covering owned, non-owned and leased vehicles for not less than $1,000,000 combined single limit for bodily injury, death or property damage, per occurrence, and (4) errors and omissions or professional liability insurance respecting any insurable professional services hereunder in the amount of at least $1,000,000. Consultant shall give to the City certificates of insurance for all Services done pursuant to this Agreement before Consultant 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 Consultant to provide copies of the Additional Insured Endorsement to said policy(ies) which name the City as an Additional Insured for all of Consultant’s Services and work under this 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. Consultant’s certificate 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. Consultant understands that the acceptance of certificates, policies and any other documents by the City in no way releases the Consultant and its subcontractors from the requirements set forth herein. Consultant expressly agrees to waive its rights, benefits and entitlements under the “Other Insurance” clause of its commercial general liability insurance policy as respects the City. In the event Consultant fails to purchase or procure insurance as required above, the parties expressly agree that Consultant 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 Consultant. Consultant acknowledges and agrees that if it fails to comply with all requirements of this Section, that the City may void this Agreement. K. Confidentiality. In connection with this Agreement, City may provide Consultant with information to enable Consultant to render the Services hereunder, or Consultant may develop confidential information for City. Consultant agrees (i) to treat, and to obligate Consultant’s employees to treat, as secret and confidential all such information whether or not identified by City as confidential, (ii) not to disclose any such information or make available any reports, recommendations and /or conclusions which Consultant may make for City to any person, firm or corporation or use the same in any manner whatsoever without first obtaining City’s written approval, and (iii) not to disclose to City any information obtained by Consultant on a confidential basis from any third party unless Consultant shall have first received written permission from such third party to disclose such information. Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure within limited statutory timeframes (five (5) working days with a possible five (5) working day extension). Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the Consultant’s control, the Consultant shall promptly provide all requested records to the City so that the City 69 of 432 7 may comply with the request within the required timeframe. The City and the Consultant shall cooperate to determine what records are subject to such a request and whether or not any exemptions to the disclosure of such records, or part thereof, is applicable. 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. L. Use of City’s Name or Picture of Property. Consultant shall not in the course of performance of this Agreement or thereafter use or permit the use of City’s name nor the name of any affiliate of City, nor any picture of or reference to its Services in any advertising, promotional or other materials prepared by or on behalf of Consultant, nor disclose or transmit the same to any other party. M. No Assignments or Subcontracts. Consultant shall not assign or subcontract all or any part or its rights or obligations hereunder without City’s express prior written approval. Any attempt to do so without the City’s prior consent shall, at City’s option, be null and void and of no force or effect whatsoever. Consultant shall not employ, contract with, or use the services of any other architect, interior designer, engineer, consultant, special contractor, or other third party in connection with the performance of the Services without the prior written consent of City. N. Compliance with Applicable Statues, Ordinances and Regulations. In performing the Services, Consultant shall comply with all applicable federal, state, county, and municipal statues, ordinances and regulations, at Consultant’s sole cost and expense, 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 Consultant’s officers, employees, subcontractors, or agents. Consultant shall immediately reassign any such individual who in the opinion of the City does not pass the background check. O. Liens and Encumbrances. Consultant, for itself, and on behalf of all subcontractors, suppliers, materialmen and others claiming by, through or under Consultant, hereby waives and releases any and all statutory or common law mechanics’ materialmens’ or other 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. Consultant 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. Consultant shall protect City from all liens for labor performed, material supplied or used by Consultant and/or any other person in connection with the Services undertaken by consultant hereunder, and shall not at any time suffer or permit any lien or attachment or encumbrance to be imposed by any subConsultant, supplier or materialmen, or other person, firm or corporation, upon City property or any improvements thereon, by reason or any claim or demand against Consultant or otherwise in connection with the Services. 70 of 432 8 P. Notices. Every notice or other communication to be given by either party to the other with respect to this Agreement, shall be in writing and shall not be effective for any purpose unless the same shall be served personally or by United States certified or registered mail, postage prepaid, addressed if to City as follows: City of Evanston, 2100 Ridge Avenue, Evanston, Illinois 60201, Attention: Purchasing Division and to Consultant at the address first above set forth, or at such other address or addresses as City or Consultant may from time to time designate by notice given as above provided. Q. Attorney’s Fees. In the event that the City commences any action, suit, or other proceeding to remedy, prevent, or obtain relief from a breach of this Agreement by Consultant, or arising out of a breach of this Agreement by Consultant, the City shall recover from the Consultant as part of the judgment against Consultant, its attorneys’ fees and costs incurred in each and every such action, suit, or other proceeding. R. 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. S. 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. T. Choice of Law. The rights and duties arising under this Agreement shall be governed by the laws of the State of Illinois. Venue for any action arising out or due to this Agreement shall be in Cook County, Illinois. The City shall not enter into binding arbitration to resolve any dispute under this Agreement. The City does not waive tort immunity by entering into this Agreement. U. Time. Consultant agrees all time limits provided in this Agreement and any Addenda or Exhibits hereto are of essence to this Agreement. Consultant shall continue to perform its obligations while any dispute concerning the Agreement is being resolved, unless otherwise directed by the City. V. Survival. Except as expressly provided to the contrary herein, all provisions of this Agreement shall survive all performances hereunder including the termination of the Consultant. VI. EQUAL EMPLOYMENT OPPORTUNITY In the event of the Consultant’s noncompliance with any provision of Section 1-12-5 of the Evanston City Code, the Illinois Human Rights Act or any other applicable law, the Consultant may be declared nonresponsible and therefore ineligible for future contracts or subcontracts with the City, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of the contract, the Consultant agrees as follows: 71 of 432 9 A. That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, or age or physical or mental disabilities that do not impair ability to work, and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. Consultant shall comply with all requirements of City of Evanston Code Section 1-12-5. B. That, in all solicitations or advertisements for employees placed by it on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, or disability. VII. SEXUAL HARASSMENT POLICY The Consultant certifies pursuant to the Illinois Human Rights Act (775 ILCS 5/2105 et. seq.), that it has a written sexual harassment policy that includes, at a minimum, the following information: A. The illegality of sexual harassment; B. The definition of sexual harassment under State law; C. A description of sexual harassment utilizing examples; D. The Consultant’s internal complaint process including penalties; E. Legal recourse, investigation and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission, and directions on how to contact both; and F. Protection against retaliation as provided to the Department of Human Rights. VIII. CONSULTANT CERTIFICATIONS A. Consultant acknowledges and agrees that should Consultant or its subconsultant provide false information, or fail to be or remain in compliance with the Agreement, the City may void this Agreement. B. Consultant certifies that 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. Section 1201 et seq.) and applicable rules in performance under this Agreement. 72 of 432 10 C. If Consultant, or any officer, director, partner, or other managerial agent of Consultant, 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, Consultant certifies at least five years have passed since the date of the conviction. D. Consultant certifies that it has not been convicted of the offense of bid rigging or bid rotating or any similar offense of any State in the U.S., nor made any admission of guilt of such conduct that is a matter of record. (720 ILCS 5/33 E-3, E- 4). E. In accordance with the Steel Products Procurement Act, Consultant certifies steel products used or supplied in the performance of a contract for public works shall be manufactured or produced in the U.S. unless the City grants an exemption. F. Consultant certifies that it is properly formed and existing legal entity, 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. G. If more favorable terms are granted by Consultant to any similar governmental entity in any state in a contemporaneous agreement let under the same or similar financial terms and circumstances for comparable supplies or services, the more favorable terms shall be applicable under this Agreement. H. Consultant certifies that it is not delinquent in the payment of any fees, fines, damages, or debts to the City of Evanston. IX. INTEGRATION This Agreement, together with Exhibits A, B, C, and D 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 Consultant 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. 73 of 432 11 IN WITNESS WHEREOF, the parties hereto have each approved and executed this Agreement on the day, month and year first above written. CONSULTANT: CITY OF EVANSTON 2100 RIDGE AVENUE EVANSTON, IL 60201 By ________________________ By:________________________ Its: ________________________ Its: _______________________ FEIN Number: _______________ Date: _____________________ Date: _______________________ President, Connelly's Academy, Inc. 75-3049096 12-31-16 74 of 432 12 75 of 432 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/2/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACTNAME: PHONE(A/C, No, Ext):(800) 986-5350 FAX(A/C, No): E-MAIL ADDRESS:don@karateinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # PRODUCER Francis L. Dean & Associates of Colorado, LLC 9362 Teddy Lane Suite 203 Lone Tree, CO 80124 www.karateinsurance.com INSURER A :U.S. Fire Insurance Company 21113 INSURER B : INSURER C : INSURER D : INSURER E : INSURED SPORTS AND RECREATION PROVIDERS ASSOCIATION (PURCHASING GROUP) AND ITS PARTICIPATING MEMBERS: CONNELLY'S ACADEMY, INC. 9750 KARLOV AVENUE SKOKIE, IL 60076 INSURER F : COVERAGES CERTIFICATE NUMBER:USP228061 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ 2,000,000 CLAIMS-MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire)$ 300,000 GEN'L AGGREGATE LIMIT APPLIES PER:$ A X POLICY PRO- JECT LOC X SRPGP-101-0716 1/31/2017 12:01 AM 1/31/2018 12:01 AM AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident)$ ANY AUTO BODILY INJURY (Per person)$ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident)$ HIRED AUTO NON-OWNED AUTOS PROPERTY DAMAGE (Per accident)$ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC STATU- TORY LIMITS OTH - ER $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?E.L. EACH ACCIDENT $ (Mandatory in NH)E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below N / A E.L. DISEASE - POLICY LIMIT $ A Accident/Medical Coverage US506678 1/31/2017 12:01 AM 1/31/2018 12:01 AM AD&D MAXIMUM MEDICAL DEDUCTIBLE TERMS OF PAYMENT $ 500,000 $ 100,000 $ 250 EXCESS DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Covered activities: Martial Arts. Locations: 9750 Karlov Avenue, Skokie IL 60076. Certificate Holder is named as additional insured with respect to the operations of the Named Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF EVANSTON 2100 RIDGE AVE EVANSTON, IL 60201 AUTHORIZED REPRESENTATIVE Francis L. Dean & Associates of Colorado, LLC © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05)The ACORD name and logo are registered marks of ACORD76 of 432 For City Council meeting of March 13 , 2017 Item A3.4 Business of the City by Motion: Single Source Purchase of Fleet Parts and Service For Action To: Honorable Mayor and Members of the City Council Members of the Administration and Public Works Committee From: Erika Storlie, Director of Administrative Services Rickey A. Voss, Manager of Fleet Services Subject: Single Source Purchase of Ford OEM Parts and Vehicle Service Date: February 28, 2017 Recommended Action: Staff recommends City Council approval of a single source purchase of Original Equipment Manufacturer (OEM) parts and service with Golf Mill Ford Inc. (9401 N. Milwaukee Avenue, Niles, IL) in the amount of $86,500 through March of 2018. Funding Source: Funding for this purchase will be from the Major Maintenance, Materials to Maintain Autos Fund (Account 600.26.7710.65060). FY 2017 Budget: $1,050,000 FY 2017 request: $ 69,500 FY 2018 (January – March) $ 17,000 Livability Benefit: Innovation & Process: Support local government best practices and processes Background: Golf Mill Ford is the closest OEM dealer in our general vicinity. Our entire Fleet is comprised of approximately 80% Ford vehicles. The City has done business with Golf Mill Ford for over 10 years and they provide exceptional service and stand behind all of their work. Golf Mill Ford picks up and delivers our vehicles from our Fleet Garage at no additional cost to the City. Summary: Based on a review of the current pricing structures, Golf Mill Ford will provide the City with a 30% discount off list price on all OEM parts. They will also perform all warranty work on new vehicles. In April of 2012, the City went out for bid and Golf Mill Ford was selected as the lowest and only responsive. Staff recommends approval for the Memorandum 77 of 432 purchase of OEM parts and service for the twelve (12) months in Fiscal Year 2017 and January through March of 2018. There are no Evanston-based businesses that provide Ford OEM parts and/or service. Legislative History: http://www.cityofevanston.org/assets/CC%20Action%20Summary%205-14-12.pdf 78 of 432 For City Council meeting of March 13, 2017 Item A3.5 Business of the City by Motion: Tire Repair Services Contract Renewal For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Erika Storlie, Deputy City Manager/Director of Administrative Services Rickey A. Voss, Manager of Fleet Services Subject: 1st Year Optional Renewal for Tire Repair Services Date: February 15, 2017 Recommended Action: Staff recommends City Council approval for the City Manager to authorize a one (1) year renewal for tire repair and recap services in the amount of $24,672 with Wentworth Tire Service (300 North York Road, Bensenville, IL). Funding Source: FY 2017 Tires and Tubes Account Budget: $100,000 Account 600.19.7710.65065 The $24,672 represents 24.7% of this budgeted amount. Livability Benefit: Innovation & Process: Support local government best practices and processes Summary: In April 2016, staff solicited bids for tire mounting, dismounting, and recapping services from qualified vendors. The agreement was for a one (1) year period with the right to extend the agreement for up to two (2) one-year periods. This will be the first one (1) year request for renewal. Wentworth Tire Service was the successful bidder with the lowest bid price. Bids were advertised with a due date of May 17, 2016. Bids were received as follows: Company Name City/State Description Bid Amount Wentworth Tire Service Bensenville, IL Tire Services $24,672.00 Pomps Tire Service Elk Grove Village, IL Tire Services $28,127.75 Tredroc Tire Elk Grove Village, IL Tire Services Non-responsive Cassidy Tire Addison, IL Tire Services Non-responsive Wingfoot Commercial Tire Elk Grove Village, IL Tire Services Non-responsive Duxler Tire Evanston, IL Tire Services Non-responsive Memorandum 79 of 432 Based on Bid # 16-41 results, staff recommended approval of the award to Wentworth Tire Service as the lowest responsive and responsible bidder to provide tire repair services for the City. Wentworth Tire has been a responsive and responsible vendor for the past few years. There are no Evanston-based tire service vendors who can meet all of our fleet needs at this time. Prior to releasing the original bid document, staff contacted several Evanston-based firms and made inquiries as to their ability to participate in the bid process to provide these services. The following is a list of firms contacted and their responses. Date of Contact Evanston Business Reason/Explanation 3/8/2016 Duxler Tires Cannot purchase as low as State bid 3/8/2016 Doc Ables Auto Clinic & Tire Could not match State bid price 3/9/2016 Jakes Auto & Tire Service One person operation and could not provide service required nor did not know about State bid 3/9/2016 Midas Cannot purchase off of State bid Staff reached out to the Evanston vendors again on March 7, 2017 and confirmed they are not able to provide the product as requested. Legislative History: http://www.cityofevanston.org/assets/Council%20Actions%20-%206.13.16.pdf 80 of 432 For City Council meeting of March 13, 2017 Item A3.6 Business of the City by Motion: Fountain Square Construction Engineering 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, Bureau Chief – Capital Planning / City Engineer Stefanie Levine, Senior Project Manager Subject: Fountain Square Renovations (RFP No. 15-68) Consulting Contract Amendment #2, Phase 3 Engineering Services Date: March 13, 2017 Action: Staff recommends City Council authorize the City Manager to amend an existing engineering services contract for Phase 3 of the Fountain Square Renovation Project (RFP No. 15-68) with Christopher B. Burke Engineering, Ltd (9575 W. Higgins Road, Suite 600, Rosemont, IL 60018), in the amount of $345,634.01. This will modify the existing agreement amount from $401,897.88 to $747,531.89 and extend the contract deadline from June 30, 2017 to June 30, 2018. Funding Source: Funding is available from multiple funds as identified in the 2017 Capital Improvements Plan and as noted below: Fund Source Account FY 2017 Budget Project Amount Washington National TIF 415.40.4217.62145 - 516004 $180,000 $180,000.00 2017 GO Bond in the Capital Improvements Fund (from other project savings on Sheridan Rd/Chicago Ave project) 415.40.4117.62145 - 516004 $200,000 $165,634.01 Total $380,000 $345,634.01 No other project will be deferred as a result of the use of the Sheridan/Chicago Avenue cost savings. Memorandum 81 of 432 Livability Benefits: Built Environment: Enhance public spaces; Provide compact and complete streets and neighborhoods Education, Arts & Community: Preserve and reuse historic structures and sites Background Information: Over the past six months, consultants Christopher B. Burke Engineering (CBBEL) have worked with staff to prepare construction documents and to bid proposed improvements at Fountain Square and immediately surrounding areas. The proposed improvement plans include the following improvements: 1. Fountain Square Plaza: Construct a new fountain square plaza including enhanced roadway pavements east, west and south of the plaza. Improvements include a zero depth water feature, etched glass Veteran’s Memorial wall, paving, permanent and moveable seating, lighting, a new flagpole and landscaping. 2. Sherman/Orrington between Grove and Davis: Enhance and enlarge the triangular landscape island within this block including adjacent roadway pavements to create a flexible expanded pedestrian environment and shared street. Remove one through lane of traffic on Sherman Avenue and one through lane of traffic on Orrington Avenue to achieve the island widening. Relocate the Davis Street westbound left turn lane from Orrington Avenue to the west side of the triangular landscaped island, on Sherman Avenue. Improvements within the landscaped island include paving, moveable seating, lighting, an event kiosk, permanent holiday trees and landscaping. Analysis: Bids for the above described work were received on February 23, 2017 and are addressed under a separate agenda item. Costs for the construction engineering services herein are recommended by staff as they are critical to the project’s success. These services will ensure that construction is performed in accordance with the project’s plans and specifications as well as provide daily coordination and assistance with downtown businesses and residents to help minimize disruptions. A copy of the consultant’s construction engineering fee, broken out by task and subtask as well as an amended scope is attached for reference. It is currently anticipated that Phase 3 engineering will be substantially completed by the end of 2017 with some follow up work occurring in the spring of 2018. Legislative History: Council authorization to proceed with RFP (Item SP4, 10/19/2015) Council approval of Phase 1 contract (Item A3.6, 02/22/2016) Council approval of Phase 2 contract (Item A3.6, 07/11/2016) Attachments: Consultant amendment proposal Contract amendment 82 of 432 RFP 15-68 Fountain Square Renovations Project Scope Modifications (Amendment 2) The Fountain Square Renovation project (Bid No. 17-05) is currently out for bid. A pre-bid meeting was held January 26, 2017 and bids will be received on Tuesday, February 21, 2017 at 2:00 p.m. The work on Fountain Square is expected to begin on or about April 1, 2017 and be complete on December 1, 2017. Now that the scope and duration of the Fountain Square Project is known, it is necessary to provide Contract Amendment 2 for construction observation services. The basis for the Amendment is as follows: The contract duration will be from April 1, 2017 to December 1, 2017. The consultant team will provide full-time construction observation during this time period which consists of approximately 170 working days. The project will be staffed 8 hours/day. The fee includes a line item for weekend work which may or may not be necessary. It will be necessary to review over 100 shop drawing submittals for Mechanical, Electrical, Structural, and Landscape Architectural items. The Amendment includes pre-construction services, progress meetings (24-30), utility coordination, pay request review, RFI responses, final inspection and punch list, and materials testing The Amendment also includes the public outreach necessary to complete a project of this magnitude in a thriving downtown area. Exhibit K has been modified to reflect the above and a detailed CECS is attached for your use. Our DBE/EBE % will be 26 % after Amendment 2. Following is the revised schedule: 01/04/2017 Final documents due for bidding 01/20/2017 Bid is advertised 01/26/2017 Pre-bid meeting 02/21/2017 Bid opening 03/13/2017 Contract award 04/01/2017 Construction Start 12/01/2017 Construction End (substantial completion) N:\EVANSTON\150642\Admin\Addendum 2\Fountain Square Amendment 2 Project Scope Modifications and Schedule.020917.docx 83 of 432 1 RFP 15-68 Fountain Square Renovations - Amendment 2 Construction Engineering Scope of Services The CBBEL/Teska/Waterworx/Waterworx team will perform construction observation services for the Fountain Square Project as follows: Task 1 – Pre-construction Services CBBEL/Teska/Waterworx will attend the pre-construction meeting(s), review the Contractor’s subcontractors for the Project, review the Contractor’s proposed schedule for the Project, and review other materials required to be submitted by the Contractor. Task 2 – Shop Drawing Review CBBEL/Teska/Waterworx will review and approve or take other appropriate action on Contractor submittals such as shop drawings, product data, samples, mix designs and material approvals for conformance with the Construction Documents. It is expected that this will include approximately 50 MEP items, approximately 50 LA items, approximately 20 structural items, and several Fountain items. Due to the nature of the project, the shop drawing review will be very intensive. Task 3 – Progress Meetings CBBEL/Teska/Waterworx will attend weekly progress meetings throughout the duration of the project. It is anticipated that the Resident Engineer will attend and document every meeting. The RE will be assisted by the Design Engineer and Landscape Architect at every other meeting and will be assisted by the Electrical, Mechanical, and Structural Engineers on a less frequent basis. Based on the duration of the project, there will be approximately 24 meetings. This task includes developing meeting minutes for each Progress Meeting. Task 4 – Utility Coordination CBBEL/Teska/Waterworx will perform utility coordination for facilities in conflict with proposed construction activities. At this time, it is believed that this may include the relocation of a 9 package ComEd duct at the north end of the plaza. Task 5 – Construction Observation CBBEL/Teska/Waterworx will provide full time, on-site, construction engineering services to ensure that the work is being performed in accordance with the Construction Documents and to document construction activities. The contract duration from April 1, 2017 to December 1, 2017 consists of 173 weekday potential working days and another 33 Saturdays that may also be worked. As such, CBBEL has provided RE services to include base observation and weekend observation as separate items as it is unknown at this time if the Contractor will work weekends. Task 6 – Pay Request Review CBBEL/Teska/Waterworx will review and approve Contractor Requests for Payment and other related documents, including tracking of trailing lien waivers and certified payroll. Task 7 – RFI Responses CBBEL/Teska/Waterworx will review Contractor Proposals and review and respond to Contractor Requests for Information as required throughout the course of construction. 84 of 432 2 CBBEL/Teska/Waterworx will prepare Construction Clarifications and/or Change Orders with supporting documentation, drawings, instructions and data as needed. Task 8 – Final Inspection and Punch List CBBEL/Teska/Waterworx will conduct inspections to determine Substantial and Final Project completion including preparation, distribution and review of Project punch lists, review and consolidation of warranties and related documents required by the Construction Documents as assembled by the Contractor and approval of final payment upon compliance with the requirements of the Construction Documents. Task 9 – Material Testing Material Testing will be performed by GSG Material Testing and directed by CBBEL/Teska/ Waterworx. Task 10 – Public Outreach CBBEL/Teska/Waterworx will assist with public outreach during construction activities to assist businesses. This would include the following tasks: Coordination with Downtown Evanston to organize a marketing campaign that promote businesses during construction. Preparation of an exhibit that promotes the marketing campaign and is issued via web- based and printed media. Three (3) meetings with Downtown Businesses. N:\EVANSTON\150642\Admin\Addendum 2\Evanston-FountainSquareConstructionTasks.020917.docx 85 of 432 Exhibit K PROPOSAL COST TABLE Fountain Square Amendment 2 Task Consultant/Subconsultant Cost Phase I Topographic Survey CBBEL 14,709.06$ Photometric Study CBBEL 14,951.81$ Traffic Counts and Data Collection CBBEL/Fish 14,014.05$ Traffic Operations Analysis CBBEL 13,195.77$ Parking Assessment CBBEL 3,880.08$ Meetings and Final Report CBBEL/Teska 13,066.49$ Historical and Cultural Summary Teska 4,607.16$ Safety Assessment CBBEL 5,664.61$ 84,089.04$ Concept Design Teska/Waterwerx/CBBEL 57,100.70$ Public Outreach Teska/CBBEL 39,531.75$ Public Arts RFP Preparation Teska/CBBEL 96,632.46$ Phase 2 Construction Documents CBBEL/Teska/Waterwerx 191,326.82$ Fountain Vault Design CBBEL $10,000.00 Grove Street Signal Design CBBEL $10,000.00 211,326.82$ Bidding and Negotiations CBBEL/Teska 7,249.56$ 7,249.56$ Phase 3 Construction Engineering CBBEL/Teska/Waterwerx 345,634.02$ 345,634.02$ 744,931.89$ Direct Costs 2,600.00$ 747,531.89$ February 9, 2017 Revised February 16, 2017 N:\EVANSTON\150642\Addendum 2 Subtotal All Tasks Reimbursable Expenses Grand Total Subtotal Subtotal Task 1 - Data Collection and Studies Task 2 - Concept Design Task 3 - Construction Document Development Task 4 - Bidding and Negotiations Task 5 - Construction Engineering Subtotal Subtotal Subtotal included in base contract 86 of 432 87 of 432 88 of 432 89 of 432 DF-824-039 REV 12/04 PREPARED BY THE AGREEMENTS UNIT Printed 2/9/2017 1:59 PM COST ESTIMATE OF CONSULTANT SERVICES FIRM Christopher B. Burke Engineering, Ltd.DATE 02/09/17 Local Agency OVERHEAD RATE 123.20% Section COMPLEXITY FACTOR 0 Project Job No:Cost Plus Fixed Fee 2 14.50%[(2.3 +R) DL + IHDC] DBE OVERHEAD IN-HOUSE Outside SERVICES % OF DROP ITEM MANHOURS PAYROLL &DIRECT FIXED Direct BY DBE TOTAL GRAND BOX FRINGE BENF COSTS FEE Costs OTHERS TOTAL TOTAL (A)(B)( C )(D)(E)(F)(G)(H)(B-G) Pre-construction Services 18 998.64 1,230.32 333.05 690.00 3,252.01 0.95% Shop Drawing Review - MEP 80 3,725.40 4,589.69 1,242.42 18,180.00 27,737.51 8.10% Shop Drawing Review - LA 12 622.44 766.85 207.58 16,320.00 17,916.87 5.23% Shop Drawing Review - Structural 80 3,725.40 4,589.69 1,242.42 9,557.51 2.79% Progress Meetings 132 7,319.16 9,017.21 2,440.94 4,680.00 23,457.30 6.85% Utility Coordination 24 1,244.88 1,533.69 415.17 3,193.74 0.93% Construction Observation Base (Based on 8 Hour Day)1438 59,368.96 73,142.56 19,799.55 16,560.00 168,871.07 49.29% Construction Observation Weekends (Based on 8 Hour Day)264 10,669.12 13,144.36 3,558.15 27,371.63 7.99% Pay Request Review 60 2,688.00 3,311.62 896.45 6,896.06 2.01% RFI Responses 96 4,979.52 6,134.77 1,660.67 5,280.00 18,054.96 5.27% Final Inspection and Punch List 40 1,792.00 2,207.74 597.63 2,240.00 6,837.38 2.00% Material Testing 16 773.36 952.78 257.92 16,750.00 18,734.06 5.47% Public Outreach 56 2,765.12 3,406.63 922.17 3,660.00 10,753.92 3.14% Subconsultant DL 0.00 TOTALS 2316 100,672.00 124,027.90 0.00 33,574.11 0.00 84,360.00 0.00 342,634.02 100.00% DBE COST PLUS FIXED FEE 90 of 432 DF-824-039 REV 12/04 PREPARED BY THE AGREEMENTS UNIT Printed 2/9/2017 1:59 PM AVERAGE HOURLY PROJECT RATES FIRM Christopher B. Burke Engineering, Ltd. Local Agency 0 Section 0 DATE 02/09/17 Project 0 Job No:0 SHEET 1 OF 5 PAYROLL AVG TOTAL PROJECT RATES Pre-construction Services Shop Drawing Review - M Shop Drawing Review - LA Shop Drawing Review - Str Progress Meetings 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 Engineer VI 69.77 26 1.12%0.78 6 33.33%23.26 12 9.09%6.34 Engineer V 62.60 24 1.04%0.65 24 18.18%11.38 Engineer IV 51.87 290 12.52%6.49 6 33.33%17.29 20 25.00%12.97 12 100.00%51.87 20 25.00%12.97 96 72.73%37.72 Engineer III 44.80 1504 64.94%29.09 6 33.33%14.93 60 75.00%33.60 60 75.00%33.60 Engineer I/II 31.64 472 20.38%6.45 Survey V 60.00 0 Survey IV 60.00 0 Survey III 56.00 0 Survey II 40.40 0 Survey I 31.83 0 Engineering Technician V 59.50 0 Engineering Technician 45.00 0 Engineering Technician 45.14 0 Engineering Technician 38.67 0 CAD Manager 58.33 0 Asst. CAD Manager 49.83 0 CAD II 43.67 0 CAD I 33.25 0 Landscape Architect 52.50 0 GSI Specialist III 46.00 0 GSI Specialist I/II 28.25 0 Env Res Specialist V 60.00 0 Env Res Specialist IV 54.29 0 Env Res Specialist III 41.06 0 Env Res Specialist I/II 29.25 0 Env Res Teechnician 37.00 0 Engineering Intern 15.13 0 Administrative 33.47 0 TOTALS 2316 100%$43.47 18 100.00%$55.48 80 100%$46.57 12 100%$51.87 80 100%$46.57 132 100%$55.45 91 of 432 DF-824-039 REV 12/04 PREPARED BY THE AGREEMENTS UNIT Printed 2/9/2017 1:59 PM ' AVERAGE HOURLY PROJECT RATES FIRM Christopher B. Burke Engineering, Ltd. Local Agency 0 DATE 02/09/17 Section 0 Project 0 Job No:0 SHEET 2 OF 5 PAYROLL AVG Utility Coordination Construction Observation Bas Construction Observation Wee Pay Request Review RFI Responses Final Inspection and Punch Lis 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 Engineer VI 69.77 Engineer V 62.60 Engineer IV 51.87 24 100.00%51.87 96 100.00%51.87 Engineer III 44.80 1054 73.30%32.84 176 66.67%29.87 60 100.00%44.80 40 100.00%44.80 Engineer I/II 31.64 384 26.70%8.45 88 33.33%10.55 Survey V 60.00 Survey IV 60.00 Survey III 56.00 Survey II 40.40 Survey I 31.83 Engineering Technici 59.50 Engineering Technici 45.00 Engineering Technici 45.14 Engineering Technici 38.67 CAD Manager 58.33 Asst. CAD Manager 49.83 CAD II 43.67 CAD I 33.25 Landscape Architect 52.50 GSI Specialist III 46.00 GSI Specialist I/II 28.25 Env Res Specialist V 60.00 Env Res Specialist IV 54.29 Env Res Specialist II 41.06 Env Res Specialist I/29.25 Env Res Teechnician 37.00 Engineering Intern 15.13 Administrative 33.47 TOTALS 24 100%$51.87 1438 100%$41.29 264 100%$40.41 60 100%$44.80 96 100%$51.87 40 100%$44.80 92 of 432 DF-824-039 REV 12/04 PREPARED BY THE AGREEMENTS UNIT Printed 2/9/2017 1:59 PM ' AVERAGE HOURLY PROJECT RATES FIRM Christopher B. Burke Engineering, Ltd. Local Agency 0 DATE 02/09/17 Section 0 Project 0 Job No:0 SHEET 3 OF 5 PAYROLL AVG Material Testing Public Outreach 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 Engineer VI 69.77 8 14.29%9.97 Engineer V 62.60 Engineer IV 51.87 8 50.00%25.94 8 14.29%7.41 Engineer III 44.80 8 50.00%22.40 40 71.43%32.00 Engineer I/II 31.64 Survey V 60.00 Survey IV 60.00 Survey III 56.00 Survey II 40.40 Survey I 31.83 Engineering Technici 59.50 Engineering Technici 45.00 Engineering Technici 45.14 Engineering Technici 38.67 CAD Manager 58.33 Asst. CAD Manager 49.83 CAD II 43.67 CAD I 33.25 Landscape Architect 52.50 GSI Specialist III 46.00 GSI Specialist I/II 28.25 Env Res Specialist V 60.00 Env Res Specialist IV 54.29 Env Res Specialist II 41.06 Env Res Specialist I/29.25 Env Res Teechnician 37.00 Engineering Intern 15.13 Administrative 33.47 TOTALS 16 100%$48.34 56 100%$49.38 0 0%$0.00 0 0%$0.00 0 0%$0.00 0 0%$0.00 93 of 432 CITY OF EVANSTON FOUNTAIN SQUARE RENOVATIONS Prepared by Teska Associates Jan 26 2017 TOTALS Total Total 5.1 Attend pre-construction mtg 3 $390 3 $300 5.2 Review Shop Drawings and Submittals 32 $4,160 40 $4,000 5.3 Field Layouts and On-Site Mockups 32 $4,160 40 $4,000 5.4 (18) field visits/ field reports 72 $9,360 72 $7,200 5.5 one (1) final visit / punch list 4 $520 12 $1,200 5.6 post punch list follow up 4 $520 0 $0 5.7 public outreach (18 biweekly construction meetings)36 $4,680 0 $0 5.8 public outreach (3 formal meetings/exhibits)12 $1,560 16 $1,600 5.9 Answer questions/provide interpretation of plans and specs 16 $2,080 32 $3,200 PHASE 5 DESIGN FEES 211 $27,430 215 $21,500 $48,930 PHASE 5 REIMBURSABLES (public meeting exhibits)$500 TOTAL PHASE 5 $49,430 $49,430 Hourly Rates Mariano Suardini $130 $100 TOTAL FEES + DELIVERABLES Project Manager Associate 5) CONSTRUCTION OBSERVATION 94 of 432 95 of 432 GSG MATERIAL TESTING, INC. CONSTRUCTION INSPECTION SERVICES 2945 West Harrison Street . Chicago, Illinois 60612 . Phone (312) 666-2989. Fax (312) 666-2952 February 8, 2017 Martin Michalowicz Phone: 847-823-0500 Christopher B. Burke Engineering, Ltd. Fax: 847-939-5214 9575 W. Higgins Road, Suite 600 Email: mmichalowicz@cbbel.com Rosemont, IL 60018 Re: Revised Proposal – Construction Inspection and Material Testing Services Evanston’s Fountain Square Intersections of Davis Street with Sherman and Orrington Avenues Evanston, Illinois Dear Mr. Michalowicz: We are pleased to submit this proposal to provide Construction Material Inspection and Testing Services for the Evanston’s Fountain Square located at the Intersections of Davis Street with Sherman and Orrington Avenues in Evanston, Illinois. We have reviewed the project information provided in the RFP. Below is a description of our understanding of the project, our Unit Rates, and an estimate of our fees. Project Description We understand that this project will consist of reconstruction of the Roadways and Sidewalks at the intersections of Davis Street with Sherman Avenue and Orrington Avenue. The reconstruction will include a pedestrian parkway between Sherman and Orrington. New pavement and planters will be constructed for the Fountain Square Island. GMT understands that the “compacted open graded stone” that will be used for much of this project will not require QC testing. The small quantities of asphalt which will be placed will only require “core density tests” for compliance to the specifications. GMT is proposing for the construction inspection and material testing services for this work. Statement of Qualifications GSG Material Testing, Inc. (GMT), an Illinois MBE/DBE certified firm, maintains a staff of professional engineers and certified Union technicians who have been safety trained and will be responsible for the field inspections and testing. To support our professional staff, GMT maintains an accredited soils, asphalt, concrete and steel testing laboratory at our office location, which will be used to support field inspection activities for these projects. Key staff resumes and relevant 96 of 432 GSG MATERIAL TESTING, INC. CONSTRUCTION INSPECTION SERVICES 2945 West Harrison Street. Chicago, Illinois 60612 . Phone (312) 666-2989. Fax (312) 666-2952 Christopher Burke Engineering, Inc. 2 Evanston’s Fountain Square project experience are available upon request. All construction inspection services will be supervised by a Registered Professional Engineer. Scope of Services Based on the project description, GMT will perform the following services: 1. Provide a soil technician to identify, inspect and test backfill materials. The technician will test soil for soil density using density gauges and penetrometers, as required in the specifications. 2. Provide a technician to check forms and reinforcement steel prior to concreting. 3. Provide a concrete/masonry technician to inspect, test and approve cementitious materials, such as concrete in the field, based on the project requirements. 4. Provide an asphalt testing technician to monitor and test hot mix asphalt placement during field and plant activities. 5. Perform laboratory testing for the fill materials, asphalt materials and compressive strength of concrete. 6. Prepare and submit written reports on all inspections and testing. Reports will summarize all findings, conclusions and recommendations determined during testing procedures. All reports will be prepared under the supervision of a Professional Engineer licensed in the State of Illinois. Fees and Unit Rates The following table includes unit rates for the services which are expected to be required for the project in addition to other rates which may be contingent on this project. The Technician Rates include tools of the trade such as density gauges and penetrometers. Based on the scope of work, our estimated approximate cost for the construction monitoring services is $ 16,750.00. Service Description Unit Rate Unit Technician (Normal Rate) $90.00 Hour Technician (Overtime Rate) $117.00 Hour CWI Technician (Normal Rate) $105.00 Hour CWI Technician (Overtime Rate) $136.50 Hour Project Manager PE $120.00 Hour 97 of 432 GSG MATERIAL TESTING, INC. CONSTRUCTION INSPECTION SERVICES 2945 West Harrison Street. Chicago, Illinois 60612 . Phone (312) 666-2989. Fax (312) 666-2952 Christopher Burke Engineering, Inc. 3 Evanston’s Fountain Square Project Engineer $95.00 Hour Concrete Cylinder/Mortar/Grout Test Sample $20.00 Each Sample Pickup* $50.00 Each Atterberg Limits (AASHTO T89 & T90) $85.00 Each Particle Size Analysis (AASHTO T88) $145.00 Each Organic Content (AASTHO T194) $120.00 Each Sieve Analysis (Washed ASTM C136/AASHTO T27) $110.00 Each Proctor (Modified ASTM D-1557/AASHTO T180) $215.00 Each Proctor (Standard ASTM D-698/AASHTO T99) $180.00 Each Asphalt Core Density (AASHTO T-166) $45.00 Each Asphalt Content by Ignition Oven (AASHTO T308) $150.00 Each Asphalt Content by Extraction (AASHTO T164) $200.00 Each Gyratory Compaction of HMA (AASHTO T312) $350.00 Each HMA Bulk Specific Gravity (AASHTO T166) $350.00 Each HMA Maximum Specific Gravity (AASHTO T209) $150.00 Each *It should be noted that the Sample Pickup Rate is based on sample pickup on the following work day and if samples need to be picked up during the weekend an additional charge of $50.00 will be assessed. GMT appreciates the opportunity to submit this proposal for your consideration. We are looking forward to continue working with you on this project. Should you have any questions regarding our proposal, please contact Mr. Ron Clauson at (312) 666-2989 or via e-mail at rclauson@gsgtesting.com. Sincerely, GSG Material Testing, Inc. Santiago Garcia President 98 of 432 GSG MATERIAL TESTING, INC. CONSTRUCTION INSPECTION SERVICES 2945 West Harrison Street. Chicago, Illinois 60612 . Phone (312) 666-2989. Fax (312) 666-2952 Christopher Burke Engineering, Inc. 4 Evanston’s Fountain Square LETTER OF AGREEMENT Christopher Burke Engineering, Inc., hereinafter referred to as Client, accepts GSG Material Testing, Inc. (GMT’s) attached proposal dated February 8, 2017 to provide Construction Inspection and Testing Services at the Fountain Square Project, Evanston, Illinois. This Letter of Agreement when signed by the Client constitutes a binding contract between GSG Material Testing, Inc. and the Client. The terms and conditions of this contract are set out in the attached proposal and constitute the entire agreement between the GSG Material Testing, Inc. and Client. All field testing services will be billed as dispatched from our facility with an 8-hour minimum charge. The hourly rate applies to portal to portal, on-site testing, data collection and offsite reporting. All hours over 8 hours per day, evenings (6 pm to 10 pm) and Saturday will be charged as overtime (1.5 x Regular Rate). Overtime rate applies to Sunday, late PM, early AM and Holidays and are unknown at this time. All reports will be subject to the Project Engineer and a licensed Professional Engineer review prior to signature. Accepted by: Estimated Amount: $ 16,750.00 Signature Name Title Company or Agency Address City, State, Zip Code Date 99 of 432 GSG MATERIAL TESTING, INC. CONSTRUCTION INSPECTION SERVICES 2945 West Harrison Street. Chicago, Illinois 60612 . Phone (312) 666-2989. Fax (312) 666-2952 Christopher Burke Engineering, Inc. 5 Evanston’s Fountain Square GENERAL CONDITIONS 1. The Construction Inspection and Testing Services will be conducted after the attached Letter of Acceptance has been signed by the Client, and returned to GSG Material Testing, Inc. (GMT). 2. The estimated service fee in this proposal is based on the information provided. 3. Payment is due upon receipt of invoice. For all amounts unpaid after thirty days from the invoice date as set forth on GSG Material Testing, Inc.’s invoice form, Client agrees to pay GMT’s finance charge of one and one-half percent (1.5%) per month, 18% annually, provided, however, that if this percentage exceeds the charge will be the maximum permitted by law. 4. GMT will perform the services under this Agreement at a level consistent with that level of care and skill ordinarily exercised by members of GMT's profession practicing under similar conditions at the same time in the same or similar locality. GSG MATERIAL TESTING, INC. DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES UNDER THIS AGREEMENT. 5. Client agrees that the liability of GMT shall not exceed the amount of insurance coverage for professional liability, which is not less than $1,000,000. 6. The prices for these services are honored for ninety (90) days from the date of this proposal and are subject to change after that time. 7. This agreement represents the entire understanding and agreement between Client and GMT and supersedes all prior negotiations, representations or agreements, either written or oral. This agreement may be amended only by written instrument signed by both Client and GMT. 100 of 432 For City Council meeting of March 13, 2017 Item A3.7 Business of the City by Motion: Fountain Square Construction Award 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, Bureau Chief – Capital Planning / City Engineer Stefanie Levine, Senior Project Manager Subject: Fountain Square Renovations (Bid No. 17-05) Recommendation for Construction Bid Award Date: March 13, 2017 Recommended Action: Staff recommends City Council authorize the City Manager to execute a contract for the Fountain Square Renovation Project with Copenhaver Construction (75 Koppie Drive, Gilberts, Illinois) in the amount of $5,900,266.70. Funding Source: Funding is available from multiple funds as identified in the 2017 Capital Improvements Plan and as noted below: Fund Source Account FY 2017 Budget Project Amount Washington National TIF 415.40.4217.65515 - 516004 $4,740,000 $4,740,000.00 2017 GO Bond in the Capital Improvements Fund (for Alt #7 - Sheridan Road lighting) 415.40.4117.65515 - 415450 $290,000 $262,960.00 2017 GO Bond in the Capital Improvements Fund (from other project savings) 415.40.4117.65515 - 516004 $1,000,000 $897,306.70 Total $6,030,000 $5,900,266.70 Memorandum 101 of 432 Although not budgeted, funding is available from the 2017 GO Bonds because the Sheridan Road/Chicago Avenue Improvements construction was budgeted in 2017 and 2018 for a combined total of $12,939,800, but was awarded by IDOT for $10,731,044, a savings $2,208,756. Of the funding total for Sheridan Road, $750,000 was budgeted from the Washington National TIF and $4,185,000 from 2017-2018 GO Bonds. No projects are being deferred as a result of the use of 2017 General Obligation bond funding for the Fountain Square project. Livability Benefits: Built Environment: Enhance public spaces; Provide compact and complete streets and neighborhoods Education, Arts & Community: Preserve and reuse historic structures and sites Background Information: Fountain Square is located in the heart of downtown Evanston. Over the past few years, staff has worked with the public to receive feedback on how to address deficiencies at Fountain Square and in the immediately surrounding areas. On July 11, 2016, City Council authorized a contract with Christopher B. Burke Engineering to prepare contract documents for the construction of the preferred design. Improvements incorporated in the construction documents include: 1. Fountain Square Plaza: Construct a new fountain square plaza including enhanced roadway pavements east, west and south of the plaza. Improvements include a zero depth water feature, etched glass Veteran’s Memorial wall, paving, lighting, a new flagpole and landscaping. 2. Sherman/Orrington between Grove and Davis: Enhance and enlarge the triangular landscape island within this block including adjacent roadway pavements to create a flexible expanded pedestrian environment and shared street. Remove one through lane of traffic on Sherman Avenue and one through lane of traffic on Orrington Avenue to achieve the island widening. Relocate the Davis Street westbound left turn lane for Orrington Avenue to the west side of the triangular landscaped island, on Sherman Avenue. Improvements within the landscaped island include paving, lighting, an event kiosk, permanent holiday trees and landscaping. In addition, the Fountain Square bid documents also include work on Sheridan Road and Chicago Avenue to relocate existing light poles to make way for the widening of the street to occur on the Sheridan Road/Chicago Avenue Roadway Improvements project. This work could not be included on that contract because guidelines involving the use of federal funding would have required the lighting to be brought up to federal standards, which was not in the project budget. Therefore, the lighting relocation work was included as a bid alternate in the Fountain Square design. Analysis: On January 19, 2017 the City issued bid documents for the project and on February 23, 2017 the City received and publicly read two (2) bids. Bid results were as follows: 102 of 432 Item Copenhaver Construction 75 Koppie Drive, Gilberts, IL Landmark Contractors, Inc. 11916 W. Main Street, Huntley, IL Base Bid $5,344,296.70 $5,540,007.17 Alternate 1 $292,370.00 $279,366.45 Alternate 2 $59,410.00 $104,653.00 Alternate 3 $115,600.00 $89,670.00 Alternate 4 $35,000.00 $7,000.00 Alternate 5 $30,000.00 $24,200.00 Alternate 6 $88,000.00 $82,000.00 Alternate 7 $262,960.00 $278,400.00 Alternate 8 $53,000.00 $51,240.00 * Copenhaver inadvertently reversed their pricing on Alternates 5 and 6. The lower priced movable table and chair option will be selected. Bid documents included the following eight alternate items: 1. Alternate 1 – construct new traffic signals at the intersection of Grove and Sherman. This item is not recommended for award due to budget limitations. 2. Alternate 2 – construct unit pavers in lieu of concrete pavement at the triangular plaza south of Davis Street. This item is recommended for award as it will substantially elevate the aesthetic appearance of this plaza. 3. Alternate 3 – construct festoon lighting at the triangular plaza south of Davis Street. This item is recommended for award as it will enhance this plaza’s ambiance with decorative lighting. 4. Alternate 4 – construct an irrigation system in the lawn area south of Davis Street. This item is recommended for award as it is expected enhance the lawn’s appearance and eliminate the need for hand watering of this area. 5. Alternate 5 – install movable tables and chairs (option 1). This item, which represents a lower priced table and chair option, is recommended for award as field tests of these furnishings performed over the fall of 2016 indicate they are an appropriate, sturdy and affordable solution for use at Fountain Square. 6. Alternate 6 – install movable tables and chairs (option 2). This item, which represents a higher priced table and chair option, is not recommended for award. 7. Alternate 7 – construct street lighting on Sheridan Road. This item is associated with the Sheridan Road improvement project already under contract. The item is recommended for award to ensure street lighting is integrated with the Sheridan Road project. Work associated with this item will be paid for by 2017 GO Bonds as detailed in this memorandum. 8. Alternate 8 – install security cameras and call boxes in Fountain Square Plaza and the triangular plaza south of Davis Street. This item is recommended for award as it will enhance security in the downtown area. A breakdown of the recommended bid award is: 103 of 432 Item Copenhaver Construction Notes Base Bid $ 5,344,296.70 Alternate 2 $ 59,410.00 Alternate 3 $ 115,600.00 Alternate 4 $ 35,000.00 Alternate 5 $ 30,000.00 Alternate 7 $ 262,960.00 Funded from Sheridan Road/Chicago Avenue Improvements project Alternate 8 $ 53,000.00 Total $ 5,900,266.70 Copenhaver Construction is compliant with the City’s M/W/EBE goals and intends to comply with the City’s LEP requirements (see attached memo for more information). The City’s consultant contacted Copenhaver Construction’s references which indicate they have performed a variety of roadway improvement projects with satisfactory results. Staff therefore recommends that the base bid plus alternate items 2, 3, 4, 5, 7 and 8 be awarded to Copenhaver Construction for a total amount of $5,900,266.70. Legislative History: On 10/19/2015, City Council authorized proceeding with a Request for Proposal for engineering services On 2/22/2016, City Council approved a contract for Phase I of Engineering Services with Christopher B. Burke Engineering On 7/11/2016, City Council approved the design concepts and authorized a contract amendment for Phase II of Engineering Services with Christopher B. Burke Engineering Attachments: Unit Price Bid Tabulation M/W/EBE Compliance Review Memo 104 of 432 BASE BID PAY ITEM NUMBER PAY ITEM NAME UNIT OF MEASURE TOTAL QUANTITY UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST % DIFF UNIT PRICE TOTAL COST % DIFF 20100110 TREE REMOVAL (6 TO 15 UNITS DIAMETER)UNIT 11 1,000.00$ 11,000.00$ 30.00$ 330.00$ -97%105.00$ 1,155.00$ -90% 20100210 TREE REMOVAL (OVER 15 UNITS DIAMETER)UNIT 7 1,750.00$ 12,250.00$ 150.00$ 1,050.00$ -91%131.25$ 918.75$ -93% 20101100 TREE TRUNK PROTECTION EACH 16 200.00$ 3,200.00$ 80.00$ 1,280.00$ -60%262.50$ 4,200.00$ 31% 20200100 EARTH EXCAVATION CU YD 975 35.00$ 34,125.00$ 37.00$ 36,075.00$ 6%80.80$ 78,780.00$ 131% 20201200 REMOVAL AND DISPOSAL OF UNSUITABLE MATERIAL CU YD 254 35.00$ 8,890.00$ 38.00$ 9,652.00$ 9%87.20$ 22,148.80$ 149% 20800150 TRENCH BACKFILL CU YD 247 16.00$ 3,952.00$ 37.00$ 9,139.00$ 131%44.80$ 11,065.60$ 180% 20900110 POROUS GRANULAR BACKFILL CU YD 345 50.00$ 17,250.00$ 39.00$ 13,455.00$ -22%73.00$ 25,185.00$ 46% 25200200 SUPPLEMENTAL WATERING UNIT 10 75.00$ 750.00$ 0.01$ 0.10$ -100%21.00$ 210.00$ -72% 28000510 INLET FILTERS EACH 27 125.00$ 3,375.00$ 10.00$ 270.00$ -92%164.00$ 4,428.00$ 31% 40600635 LEVELING BINDER (MACHINE METHOD), N70 TON 750 100.00$ 75,000.00$ 105.00$ 78,750.00$ 5%88.75$ 66,562.50$ -11% 40603085 HOT-MIX ASPHALT BINDER COURSE, IL-19.0, N70 TON 325 90.00$ 29,250.00$ 105.00$ 34,125.00$ 17%90.00$ 29,250.00$ 0% 40603340 HOT-MIX ASPHALT SURFACE COURSE, MIX "D", N70 TON 325 100.00$ 32,500.00$ 109.00$ 35,425.00$ 9%94.50$ 30,712.50$ -6% 40700100 BITUMINOUS MATERIALS (TACK COAT)POUND 3474 0.25$ 868.50$ 0.10$ 347.40$ -60%0.01$ 34.74$ -96% 42400800 DETECTABLE WARNINGS SQ FT 399 30.00$ 11,970.00$ 28.00$ 11,172.00$ -7%27.15$ 10,832.85$ -10% 44000100 PAVEMENT REMOVAL SQ YD 946 16.00$ 15,136.00$ 17.00$ 16,082.00$ 6%39.00$ 36,894.00$ 144% 44000500 COMBINATION CURB AND GUTTER REMOVAL FOOT 1893 4.25$ 8,045.25$ 6.00$ 11,358.00$ 41%14.55$ 27,543.15$ 242% 44000600 SIDEWALK REMOVAL SQ FT 3806 1.75$ 6,660.50$ 2.00$ 7,612.00$ 14%2.60$ 9,895.60$ 49% 44201333 CLASS C PATCHES, TYPE III, 8 INCH SQ YD 386 70.00$ 27,020.00$ 77.00$ 29,722.00$ 10%94.00$ 36,284.00$ 34% 50200100 STRUCTURE EXCAVATION CU YD 545 40.00$ 21,800.00$ 37.00$ 20,165.00$ -8%68.80$ 37,496.00$ 72% 50500105 FURNISHING AND ERECTING STRUCTURAL STEEL LSUM 1 30,000.00$ 30,000.00$ 140,000.00$ 140,000.00$ 367%62,120.00$ 62,120.00$ 107% 50800105 REINFORCEMENT BARS POUND 19500 2.00$ 39,000.00$ 2.00$ 39,000.00$ 0%1.80$ 35,100.00$ -10% 55100300 STORM SEWER REMOVAL 8"FOOT 495 20.00$ 9,900.00$ 10.00$ 4,950.00$ -50%47.00$ 23,265.00$ 135% 55100500 STORM SEWER REMOVAL 12"FOOT 18 50.00$ 900.00$ 15.00$ 270.00$ -70%57.00$ 1,026.00$ 14% 56100015 DUCTILE IRON WATER MAIN TEE, 8" X 6"EACH 1 575.00$ 575.00$ 600.00$ 600.00$ 4%1,200.00$ 1,200.00$ 109% 56100600 WATER MAIN 6"FOOT 41 150.00$ 6,150.00$ 115.00$ 4,715.00$ -23%145.00$ 5,945.00$ -3% 56100700 WATER MAIN 8"FOOT 52 210.00$ 10,920.00$ 125.00$ 6,500.00$ -40%155.00$ 8,060.00$ -26% 56101150 DUCTILE IRON WATER MAIN REDUCER, 8" X 6"EACH 1 600.00$ 600.00$ 600.00$ 600.00$ 0%940.00$ 940.00$ 57% 56104900 WATER VALVES 6"EACH 1 1,500.00$ 1,500.00$ 1,700.00$ 1,700.00$ 13%1,850.00$ 1,850.00$ 23% 56105000 WATER VALVES 8"EACH 1 2,500.00$ 2,500.00$ 1,900.00$ 1,900.00$ -24%2,300.00$ 2,300.00$ -8% 56400300 FIRE HYDRANTS TO BE ADJUSTED EACH 2 1,500.00$ 3,000.00$ 900.00$ 1,800.00$ -40%1,415.00$ 2,830.00$ -6% 56400400 FIRE HYDRANTS TO BE RELOCATED EACH 1 3,750.00$ 3,750.00$ 1,100.00$ 1,100.00$ -71%7,150.00$ 7,150.00$ 91% 56500600 DOMESTIC WATER SERVICE BOXES TO BE ADJUSTED EACH 6 200.00$ 1,200.00$ 550.00$ 3,300.00$ 175%220.00$ 1,320.00$ 10% 60108106 PIPE UNDERDRAINS, TYPE 1, 6"FOOT 500 35.00$ 17,500.00$ 17.00$ 8,500.00$ -51%65.00$ 32,500.00$ 86% 60200105 CATCH BASINS, TYPE A, 4'-DIAMETER, TYPE 1 FRAME, OPEN LID EACH 9 3,150.00$ 28,350.00$ 2,800.00$ 25,200.00$ -11%3,600.00$ 32,400.00$ 14% 60206905 CATCH BASINS, TYPE C, TYPE 1 FRAME, OPEN LID EACH 1 1,000.00$ 1,000.00$ 2,900.00$ 2,900.00$ 190%2,300.00$ 2,300.00$ 130% 60218400 MANHOLES, TYPE A, 4'-DIAMETER, TYPE 1 FRAME, CLOSED LID EACH 1 2,500.00$ 2,500.00$ 2,600.00$ 2,600.00$ 4%3,350.00$ 3,350.00$ 34% 60234200 INLETS, TYPE A, TYPE 1 FRAME, OPEN LID EACH 3 1,000.00$ 3,000.00$ 1,100.00$ 3,300.00$ 10%1,860.00$ 5,580.00$ 86% 60236200 INLETS, TYPE A, TYPE 8 GRATE EACH 1 1,100.00$ 1,100.00$ 1,100.00$ 1,100.00$ 0%1,425.00$ 1,425.00$ 30% 60251500 CATCH BASINS TO BE ADJUSTED WITH NEW TYPE 11 FRAME AND GRATE EACH 2 800.00$ 1,600.00$ 900.00$ 1,800.00$ 13%620.00$ 1,240.00$ -23% 60255800 MANHOLES TO BE ADJUSTED WITH NEW TYPE 1 FRAME, CLOSED LID EACH 12 600.00$ 7,200.00$ 850.00$ 10,200.00$ 42%1,380.00$ 16,560.00$ 130% 60258200 MANHOLES TO BE RECONSTRUCTED WITH NEW TYPE 1 FRAME, CLOSED LID EACH 2 1,200.00$ 2,400.00$ 1,200.00$ 2,400.00$ 0%2,240.00$ 4,480.00$ 87% 60265700 VALVE VAULTS TO BE ADJUSTED EACH 13 500.00$ 6,500.00$ 400.00$ 5,200.00$ -20%700.00$ 9,100.00$ 40% 60266600 VALVE BOXES TO BE ADJUSTED EACH 16 400.00$ 6,400.00$ 400.00$ 6,400.00$ 0%230.00$ 3,680.00$ -43% 60500050 REMOVING CATCH BASINS EACH 9 250.00$ 2,250.00$ 350.00$ 3,150.00$ 40%615.00$ 5,535.00$ 146% 60603800 COMBINATION CONCRETE CURB AND GUTTER, TYPE B-6.12 FOOT 273 22.50$ 6,142.50$ 23.00$ 6,279.00$ 2%45.00$ 12,285.00$ 100% 61139900 STORM SEWERS (SPECIAL), 6"FOOT 28 60.00$ 1,680.00$ 75.00$ 2,100.00$ 25%115.00$ 3,220.00$ 92% 61140000 STORM SEWERS (SPECIAL), 8"FOOT 21 75.00$ 1,575.00$ 85.00$ 1,785.00$ 13%120.00$ 2,520.00$ 60% 61140100 STORM SEWERS (SPECIAL), 10"FOOT 434 100.00$ 43,400.00$ 75.00$ 32,550.00$ -25%168.00$ 72,912.00$ 68% 66900200 NON-SPECIAL WASTE DISPOSAL CU YD 100 75.00$ 7,500.00$ 55.00$ 5,500.00$ -27%145.00$ 14,500.00$ 93% 67100100 MOBILIZATION LSUM 1 120,000.00$ 120,000.00$ 320,000.00$ 320,000.00$ 167%341,000.00$ 341,000.00$ 184% 70300210 TEMPORARY PAVEMENT MARKING LETTERS AND SYMBOLS SQ FT 40 1.50$ 60.00$ 3.00$ 120.00$ 100%1.60$ 64.00$ 7% 70300220 TEMPORARY PAVEMENT MARKING - LINE 4"FOOT 215 0.40$ 86.00$ 2.00$ 430.00$ 400%0.55$ 118.25$ 38% 70300240 TEMPORARY PAVEMENT MARKING - LINE 6"FOOT 110 0.75$ 82.50$ 2.00$ 220.00$ 167%0.80$ 88.00$ 7% 70300260 TEMPORARY PAVEMENT MARKING - LINE 12"FOOT 315 1.00$ 315.00$ 2.00$ 630.00$ 100%1.60$ 504.00$ 60% 70300280 TEMPORARY PAVEMENT MARKING - LINE 24"FOOT 40 2.00$ 80.00$ 5.00$ 200.00$ 150%3.15$ 126.00$ 58% 72000100 SIGN PANEL - TYPE 1 SQ FT 198.5 30.00$ 5,955.00$ 30.00$ 5,955.00$ 0%26.25$ 5,210.63$ -13% 72000200 SIGN PANEL - TYPE 2 SQ FT 23.3 35.00$ 815.50$ 50.00$ 1,165.00$ 43%31.50$ 733.95$ -10% 72000300 SIGN PANEL - TYPE 3 SQ FT 28 45.00$ 1,260.00$ 55.00$ 1,540.00$ 22%31.50$ 882.00$ -30% 72900200 METAL POST - TYPE B FOOT 80 15.00$ 1,200.00$ 21.00$ 1,680.00$ 40%15.75$ 1,260.00$ 5% 78000100 THERMOPLASTIC PAVEMENT MARKING - LETTERS AND SYMBOLS SQ FT 454 4.50$ 2,043.00$ 5.00$ 2,270.00$ 11%4.20$ 1,906.80$ -7% 78000200 THERMOPLASTIC PAVEMENT MARKING - LINE 4"FOOT 2136 1.00$ 2,136.00$ 1.00$ 2,136.00$ 0%0.65$ 1,388.40$ -35% 78000400 THERMOPLASTIC PAVEMENT MARKING - LINE 6"FOOT 1080 1.50$ 1,620.00$ 1.30$ 1,404.00$ -13%0.85$ 918.00$ -43% 78000600 THERMOPLASTIC PAVEMENT MARKING - LINE 12"FOOT 3140 2.00$ 6,280.00$ 3.00$ 9,420.00$ 50%1.60$ 5,024.00$ -20% 78000650 THERMOPLASTIC PAVEMENT MARKING - LINE 24"FOOT 212 4.00$ 848.00$ 5.00$ 1,060.00$ 25%4.20$ 890.40$ 5% 78300100 PAVEMENT MARKING REMOVAL SQ FT 638 1.50$ 957.00$ 2.00$ 1,276.00$ 33%1.05$ 669.90$ -30% BREAKDOWNLANDMARK CONTRACTORS, INC.TOTAL QUANTITY ENGINEER'S ESTIMATE COPENHAVER CONSTRUCTIONSUMMARY OF QUANTITIES BREAKDOWN 105 of 432 BREAKDOWNLANDMARK CONTRACTORS, INC.TOTAL QUANTITY ENGINEER'S ESTIMATE COPENHAVER CONSTRUCTIONSUMMARY OF QUANTITIES BREAKDOWN 80400100 ELECTRIC SERVICE INSTALLATION EACH 3 2,500.00$ 7,500.00$ 3,560.00$ 10,680.00$ 42%892.50$ 2,677.50$ -64% 80400200 ELECTRIC UTILITY SERVICE CONNECTION LSUM 1 3,000.00$ 3,000.00$ -$ -$ -100%-$ -$ -100% 80500020 SERVICE INSTALLATION - POLE MOUNTED EACH 1 1,700.00$ 1,700.00$ 900.00$ 900.00$ -47%2,231.25$ 2,231.25$ 31% 81028200 UNDERGROUND CONDUIT, GALVANIZED STEEL, 2" DIA.FOOT 203 25.00$ 5,075.00$ 24.00$ 4,872.00$ -4%17.85$ 3,623.55$ -29% 81028210 UNDERGROUND CONDUIT, GALVANIZED STEEL, 2 1/2" DIA.FOOT 1082 30.00$ 32,460.00$ 30.00$ 32,460.00$ 0%25.20$ 27,266.40$ -16% 81028220 UNDERGROUND CONDUIT, GALVANIZED STEEL, 3" DIA.FOOT 430 30.00$ 12,900.00$ 41.00$ 17,630.00$ 37%29.40$ 12,642.00$ -2% 81028240 UNDERGROUND CONDUIT, GALVANIZED STEEL, 4" DIA.FOOT 843 35.00$ 29,505.00$ 50.00$ 42,150.00$ 43%44.10$ 37,176.30$ 26% 81028720 UNDERGROUND CONDUIT, COILABLE NONMETALLIC CONDUIT, 1" DIA.FOOT 980 8.00$ 7,840.00$ 12.00$ 11,760.00$ 50%11.05$ 10,829.00$ 38% 81028730 UNDERGROUND CONDUIT, COILABLE NONMETALLIC CONDUIT, 1 1/4" DIA.FOOT 4075 9.00$ 36,675.00$ 11.00$ 44,825.00$ 22%11.55$ 47,066.25$ 28% 81028750 UNDERGROUND CONDUIT, COILABLE NONMETALLIC CONDUIT, 2" DIA.FOOT 715 12.00$ 8,580.00$ 14.00$ 10,010.00$ 17%12.60$ 9,009.00$ 5% 81400100 HANDHOLE EACH 3 2,500.00$ 7,500.00$ 2,600.00$ 7,800.00$ 4%2,100.00$ 6,300.00$ -16% 81400200 HEAVY-DUTY HANDHOLE EACH 1 2,000.00$ 2,000.00$ 3,100.00$ 3,100.00$ 55%2,310.00$ 2,310.00$ 16% 81400300 DOUBLE HANDHOLE EACH 6 2,800.00$ 16,800.00$ 4,200.00$ 25,200.00$ 50%2,835.00$ 17,010.00$ 1% 81400730 HANDHOLE, COMPOSITE CONCRETE EACH 6 750.00$ 4,500.00$ 500.00$ 3,000.00$ -33%1,155.00$ 6,930.00$ 54% 81702110 ELECTRIC CABLE IN CONDUIT, 600V (XLP-TYPE USE) 1/C NO. 10 FOOT 765 0.80$ 612.00$ 1.20$ 918.00$ 50%0.35$ 267.75$ -56% 81702120 ELECTRIC CABLE IN CONDUIT, 600V (XLP-TYPE USE) 1/C NO. 8 FOOT 3895 1.25$ 4,868.75$ 1.40$ 5,453.00$ 12%0.50$ 1,947.50$ -60% 81702130 ELECTRIC CABLE IN CONDUIT, 600V (XLP-TYPE USE) 1/C NO. 6 FOOT 1255 1.50$ 1,882.50$ 1.80$ 2,259.00$ 20%0.65$ 815.75$ -57% 81702140 ELECTRIC CABLE IN CONDUIT, 600V (XLP-TYPE USE) 1/C NO. 4 FOOT 18300 2.00$ 36,600.00$ 2.00$ 36,600.00$ 0%0.90$ 16,470.00$ -55% 81702180 ELECTRIC CABLE IN CONDUIT, 600V (XLP-TYPE USE) 1/C NO. 3/0 FOOT 900 3.00$ 2,700.00$ 7.00$ 6,300.00$ 133%3.70$ 3,330.00$ 23% 81702190 ELECTRIC CABLE IN CONDUIT, 600V (XLP-TYPE USE) 1/C NO. 4/0 FOOT 1110 3.00$ 3,330.00$ 8.00$ 8,880.00$ 167%4.50$ 4,995.00$ 50% 83600200 LIGHT POLE FOUNDATION, 24" DIAMETER FOOT 246 175.00$ 43,050.00$ 190.00$ 46,740.00$ 9%195.00$ 47,970.00$ 11% 84200500 REMOVAL OF LIGHTING UNIT, SALVAGE EACH 10 1,500.00$ 15,000.00$ 440.00$ 4,400.00$ -71%609.00$ 6,090.00$ -59% 84200804 REMOVAL OF POLE FOUNDATION EACH 26 300.00$ 7,800.00$ 360.00$ 9,360.00$ 20%210.00$ 5,460.00$ -30% 85100500 PAINT NEW TRAFFIC SIGNAL POST EACH 9 400.00$ 3,600.00$ 188.00$ 1,692.00$ -53%393.75$ 3,543.75$ -2% 85100600 PAINT NEW MAST ARM AND POLE, UNDER 40 FOOT EACH 5 2,000.00$ 10,000.00$ 1,000.00$ 5,000.00$ -50%892.50$ 4,462.50$ -55% 87301215 ELECTRIC CABLE IN CONDUIT, SIGNAL NO. 14 2C FOOT 2323 1.00$ 2,323.00$ 1.40$ 3,252.20$ 40%1.45$ 3,368.35$ 45% 87301225 ELECTRIC CABLE IN CONDUIT, SIGNAL NO. 14 3C FOOT 3278 1.50$ 4,917.00$ 1.40$ 4,589.20$ -7%1.45$ 4,753.10$ -3% 87301245 ELECTRIC CABLE IN CONDUIT, SIGNAL NO. 14 5C FOOT 4283 1.80$ 7,709.40$ 1.60$ 6,852.80$ -11%1.70$ 7,281.10$ -6% 87301805 ELECTRIC CABLE IN CONDUIT, SERVICE, NO. 6 2 C FOOT 228 2.50$ 570.00$ 8.00$ 1,824.00$ 220%3.70$ 843.60$ 48% 87301900 ELECTRIC CABLE IN CONDUIT, EQUIPMENT GROUNDING CONDUCTOR, NO. 6 1CFOOT 1006 2.00$ 2,012.00$ 3.00$ 3,018.00$ 50%2.10$ 2,112.60$ 5% 87502440 TRAFFIC SIGNAL POST, GALVANIZED STEEL 10 FT.EACH 5 1,000.00$ 5,000.00$ 1,700.00$ 8,500.00$ 70%1,600.00$ 8,000.00$ 60% 87502480 TRAFFIC SIGNAL POST, GALVANIZED STEEL 14 FT.EACH 4 1,150.00$ 4,600.00$ 1,900.00$ 7,600.00$ 65%1,659.00$ 6,636.00$ 44% 87700170 STEEL MAST ARM ASSEMBLY AND POLE, 26 FT.EACH 1 5,500.00$ 5,500.00$ 7,600.00$ 7,600.00$ 38%7,455.00$ 7,455.00$ 36% 87700210 STEEL MAST ARM ASSEMBLY AND POLE, 34 FT.EACH 1 6,750.00$ 6,750.00$ 8,200.00$ 8,200.00$ 21%8,100.00$ 8,100.00$ 20% 87700220 STEEL MAST ARM ASSEMBLY AND POLE, 36 FT.EACH 2 7,000.00$ 14,000.00$ 8,600.00$ 17,200.00$ 23%8,400.00$ 16,800.00$ 20% 87800100 CONCRETE FOUNDATION, TYPE A FOOT 36 250.00$ 9,000.00$ 270.00$ 9,720.00$ 8%205.00$ 7,380.00$ -18% 87800150 CONCRETE FOUNDATION, TYPE C FOOT 4 600.00$ 2,400.00$ 1,600.00$ 6,400.00$ 167%690.00$ 2,760.00$ 15% 87800400 CONCRETE FOUNDATION, TYPE E 30-INCH DIAMETER FOOT 20 225.00$ 4,500.00$ 330.00$ 6,600.00$ 47%240.00$ 4,800.00$ 7% 87800415 CONCRETE FOUNDATION, TYPE E 36-INCH DIAMETER FOOT 33 250.00$ 8,250.00$ 390.00$ 12,870.00$ 56%273.00$ 9,009.00$ 9% 88030020 SIGNAL HEAD, LED, 1-FACE, 3-SECTION, MAST-ARM MOUNTED EACH 8 1,150.00$ 9,200.00$ 1,100.00$ 8,800.00$ -4%1,008.00$ 8,064.00$ -12% 88030050 SIGNAL HEAD, LED, 1-FACE, 3-SECTION, BRACKET MOUNTED EACH 8 1,000.00$ 8,000.00$ 1,050.00$ 8,400.00$ 5%930.00$ 7,440.00$ -7% 88055160 OPTICALLY PROGRAMMED SIGNAL HEAD, LED, 1-FACE, 3-SECTION, MAST ARM MOUNTEDEACH 2 1,750.00$ 3,500.00$ 4,200.00$ 8,400.00$ 140%3,969.00$ 7,938.00$ 127% 88102710 PEDESTRIAN SIGNAL HEAD, LED, 1-FACE, BRACKET MOUNTED EACH 14 950.00$ 13,300.00$ 930.00$ 13,020.00$ -2%1,102.50$ 15,435.00$ 16% 88200310 TRAFFIC SIGNAL BACKPLATE, LOUVERED, PLASTIC EACH 10 150.00$ 1,500.00$ 220.00$ 2,200.00$ 47%267.75$ 2,677.50$ 79% 88700200 LIGHT DETECTOR EACH 3 1,500.00$ 4,500.00$ 1,500.00$ 4,500.00$ 0%1,449.00$ 4,347.00$ -3% 88700300 LIGHT DETECTOR AMPLIFIER EACH 1 3,500.00$ 3,500.00$ 3,400.00$ 3,400.00$ -3%3,097.50$ 3,097.50$ -12% 89000100 TEMPORARY TRAFFIC SIGNAL INSTALLATION EACH 1 75,000.00$ 75,000.00$ 105,000.00$ 105,000.00$ 40%53,550.00$ 53,550.00$ -29% 89500120 REMOVE EXISTING SERVICE INSTALLATION EACH 1 2,000.00$ 2,000.00$ 3,300.00$ 3,300.00$ 65%420.00$ 420.00$ -79% 89502300 REMOVE ELECTRIC CABLE FROM CONDUIT FOOT 1000 0.75$ 750.00$ 2.00$ 2,000.00$ 167%0.15$ 150.00$ -80% 89502375 REMOVE EXISTING TRAFFIC SIGNAL EQUIPMENT EACH 1 10,000.00$ 10,000.00$ 9,500.00$ 9,500.00$ -5%5,355.00$ 5,355.00$ -46% 89502380 REMOVE EXISTING HANDHOLE EACH 10 500.00$ 5,000.00$ 800.00$ 8,000.00$ 60%210.00$ 2,100.00$ -58% 89502385 REMOVE EXISTING CONCRETE FOUNDATION EACH 15 400.00$ 6,000.00$ 800.00$ 12,000.00$ 100%210.00$ 3,150.00$ -48% X0324085 EMERGENCY VEHICLE PRIORITY SYSTEM LINE SENSOR CABLE, NO. 20 3/C FOOT 857 1.50$ 1,285.50$ 2.00$ 1,714.00$ 33%1.60$ 1,371.20$ 7% X0325839 SIGNAL TIMING LSUM 1 3,000.00$ 3,000.00$ 3,500.00$ 3,500.00$ 17%1,260.00$ 1,260.00$ -58% X0327146 RELOCATE BIKE RACK EACH 1 300.00$ 300.00$ 400.00$ 400.00$ 33%900.00$ 900.00$ 200% X1400081 FULL-ACTUATED CONTROLLER AND TYPE SUPER P CABINET (SPECIAL)EACH 1 30,000.00$ 30,000.00$ 36,000.00$ 36,000.00$ 20%37,000.00$ 37,000.00$ 23% X2130010 EXPLORATION TRENCH, SPECIAL FOOT 100 75.00$ 7,500.00$ 70.00$ 7,000.00$ -7%73.50$ 7,350.00$ -2% X4240430 PORTLAND CEMENT CONCRETE SIDEWALK 5 INCH, SPECIAL SQ FT 17520 7.00$ 122,640.00$ 7.00$ 122,640.00$ 0%8.60$ 150,672.00$ 23% X4401198 HOT-MIX ASPHALT SURFACE REMOVAL, VARIABLE DEPTH SQ YD 4295 4.00$ 17,180.00$ 13.00$ 55,835.00$ 225%10.00$ 42,950.00$ 150% X5030225 CONCRETE STRUCTURES (SPECIAL)CU YD 160 1,000.00$ 160,000.00$ 1,750.00$ 280,000.00$ 75%1,065.00$ 170,400.00$ 7% X5030400 SIDEWALK FLOOR DRAINS EACH 3 500.00$ 1,500.00$ -$ -$ -100%-$ -$ -100% X5610706 WATER MAIN REMOVAL, 6"FOOT 58 35.00$ 2,030.00$ 12.00$ 696.00$ -66%20.00$ 1,160.00$ -43% X5630706 CONNECTION TO EXISTING WATER MAIN 6"EACH 1 5,250.00$ 5,250.00$ 1,000.00$ 1,000.00$ -81%1,755.00$ 1,755.00$ -67% X5630708 CONNECTION TO EXISTING WATER MAIN 8"EACH 1 6,000.00$ 6,000.00$ 1,200.00$ 1,200.00$ -80%1,777.05$ 1,777.05$ -70% X5630712 CONNECTION TO EXISTING WATER MAIN 12"EACH 3 7,000.00$ 21,000.00$ 1,400.00$ 4,200.00$ -80%2,220.00$ 6,660.00$ -68% X6020399 CONNECTION TO EXISTING MANHOLE EACH 2 2,000.00$ 4,000.00$ 1,100.00$ 2,200.00$ -45%2,500.00$ 5,000.00$ 25% X7010216 TRAFFIC CONTROL AND PROTECTION, (SPECIAL)LSUM 1 150,000.00$ 150,000.00$ 370,000.00$ 370,000.00$ 147%30,000.00$ 30,000.00$ -80% 106 of 432 BREAKDOWNLANDMARK CONTRACTORS, INC.TOTAL QUANTITY ENGINEER'S ESTIMATE COPENHAVER CONSTRUCTIONSUMMARY OF QUANTITIES BREAKDOWN X8360215 LIGHT POLE FOUNDATION, 24" DIAMETER, OFFSET FOOT 26 250.00$ 6,500.00$ 280.00$ 7,280.00$ 12%250.00$ 6,500.00$ 0% X8620200 UNINTERRUPTABLE POWER SUPPLY, SPECIAL EACH 1 8,000.00$ 8,000.00$ 7,900.00$ 7,900.00$ -1%7,825.00$ 7,825.00$ -2% X8760200 ACCESSIBLE PEDESTRIAN SIGNALS EACH 14 2,000.00$ 28,000.00$ 1,500.00$ 21,000.00$ -25%1,710.00$ 23,940.00$ -15% XX002260 STRUCTURES TO BE REMOVED EACH 8 250.00$ 2,000.00$ 450.00$ 3,600.00$ 80%440.00$ 3,520.00$ 76% XX003121 TRENCH DRAIN, SPECIAL FOOT 30 175.00$ 5,250.00$ 200.00$ 6,000.00$ 14%325.00$ 9,750.00$ 86% XX003313 REMOVE AND REINSTALL BRICK PAVER SQ FT 940 15.00$ 14,100.00$ 13.00$ 12,220.00$ -13%41.00$ 38,540.00$ 173% XX004688 BRICK PAVER SIDEWALK SQ FT 3235 25.00$ 80,875.00$ 20.00$ 64,700.00$ -20%26.50$ 85,727.50$ 6% XX008422 BRICK PAVER REMOVAL SQ YD 1958 30.00$ 58,740.00$ 2.00$ 3,916.00$ -93%53.00$ 103,774.00$ 77% XX008910 PAVEMENT MARKING (SPECIAL)SQ FT 1360 10.00$ 13,600.00$ 10.00$ 13,600.00$ 0%1.05$ 1,428.00$ -90% XX009048 CURB AND GUTTER (SPECIAL)FOOT 1909 30.00$ 57,270.00$ 24.00$ 45,816.00$ -20%41.50$ 79,223.50$ 38% Z0013300 CONCRETE REMOVAL (SPECIAL)SQ YD 615 50.00$ 30,750.00$ 42.00$ 25,830.00$ -16%112.00$ 68,880.00$ 124% CONSTRUCTION LAYOUT LSUM 1 25,000.00$ 25,000.00$ 41,000.00$ 41,000.00$ 64%20,000.00$ 20,000.00$ -20% PARKING METERS TO BE REMOVED EACH 26 50.00$ 1,300.00$ 350.00$ 9,100.00$ 600%195.00$ 5,070.00$ 290% TEMPORARY TRAFFIC SIGNAL TIMING EACH 1 1,500.00$ 1,500.00$ 2,600.00$ 2,600.00$ 73%2,310.00$ 2,310.00$ 54% BAC NET-BASED BUILDING AUTOMATION SYSTEM LSUM 1 25,000.00$ 25,000.00$ 36,000.00$ 36,000.00$ 44%28,245.00$ 28,245.00$ 13% BIKE RACK EACH 44 400.00$ 17,600.00$ 480.00$ 21,120.00$ 20%560.00$ 24,640.00$ 40% BOLLARD EACH 97 1,900.00$ 184,300.00$ 310.00$ 30,070.00$ -84%1,290.00$ 125,130.00$ -32% CUBE BENCHES, 3'X3'EACH 4 7,000.00$ 28,000.00$ 2,800.00$ 11,200.00$ -60%4,330.00$ 17,320.00$ -38% CUBE BENCHES, 3'X6'EACH 6 7,000.00$ 42,000.00$ 3,100.00$ 18,600.00$ -56%4,575.00$ 27,450.00$ -35% DECORATIVE POOL SYSTEMS LSUM 1 600,000.00$ 600,000.00$ 576,000.00$ 576,000.00$ -4%404,000.00$ 404,000.00$ -33% DRINKING FOUNTAIN EACH 2 5,750.00$ 11,500.00$ 7,500.00$ 15,000.00$ 30%7,955.00$ 15,910.00$ 38% ELECTRICAL CONNECTION TO PROPOSED FLAG POLE LIGHT EACH 1 1,000.00$ 1,000.00$ 300.00$ 300.00$ -70%1,525.00$ 1,525.00$ 53% ELECTRICAL CONNECTIONS TO EXISTING LIGHT STANDARDS EACH 11 1,000.00$ 11,000.00$ 500.00$ 5,500.00$ -50%790.00$ 8,690.00$ -21% FLAG POLE EACH 1 15,000.00$ 15,000.00$ 9,800.00$ 9,800.00$ -35%7,200.00$ 7,200.00$ -52% FOUNTAIN CONTROL PANEL ENCLOSURE AND FOUNDATION EACH 1 40,000.00$ 40,000.00$ 21,000.00$ 21,000.00$ -48%27,845.00$ 27,845.00$ -30% FOUNTAIN EQUIPMENT VAULT MECHANICAL, ELECTRICAL AND PLUMBING ACCESSORIESLSUM 1 60,000.00$ 60,000.00$ 16,500.00$ 16,500.00$ -73%414,000.00$ 414,000.00$ 590% FURNISH AND INSTALL TALLMADGE LIGHT STANDARD AND INDUCTION LUMINAIREEACH 3 10,000.00$ 30,000.00$ 8,200.00$ 24,600.00$ -18%7,825.00$ 23,475.00$ -22% LITTER AND RECYCLING RECEPTACLES EACH 20 1,800.00$ 36,000.00$ 2,400.00$ 48,000.00$ 33%1,325.00$ 26,500.00$ -26% MAIN DISTRIBUTION CABINET AND FOUNDATION EACH 1 25,000.00$ 25,000.00$ 32,000.00$ 32,000.00$ 28%21,205.00$ 21,205.00$ -15% MAINTAIN EXISTING FOUNTAIN SQUARE LIGHTING AND FESTIVAL RECEPTACLE SYSTEMSLSUM 1 10,000.00$ 10,000.00$ 12,000.00$ 12,000.00$ 20%15,555.00$ 15,555.00$ 56% MANHOLE TYPE DOGHOUSE 5'-DIA. MWRD FRAME AND LID (SPECIAL)EACH 2 5,000.00$ 10,000.00$ 11,000.00$ 22,000.00$ 120%4,112.00$ 8,224.00$ -18% MEMORIAL WALL BASE COVER LSUM 1 30,000.00$ 30,000.00$ 38,000.00$ 38,000.00$ 27%41,475.00$ 41,475.00$ 38% MEMORIAL WALL BRONZE MEDALLIONS LSUM 1 10,000.00$ 10,000.00$ 5,000.00$ 5,000.00$ -50%3,605.00$ 3,605.00$ -64% MEMORIAL WALL GLAZING LSUM 1 275,000.00$ 275,000.00$ 315,000.00$ 315,000.00$ 15%285,000.00$ 285,000.00$ 4% MOVABLE PLANTERS, 24" DIA EACH 12 1,200.00$ 14,400.00$ 700.00$ 8,400.00$ -42%780.00$ 9,360.00$ -35% MOVABLE PLANTERS, 36" DIA EACH 5 1,500.00$ 7,500.00$ 800.00$ 4,000.00$ -47%1,000.00$ 5,000.00$ -33% PARKING METERS EACH 25 500.00$ 12,500.00$ 600.00$ 15,000.00$ 20%370.00$ 9,250.00$ -26% PAVING, GRANITE SQ FT 1585 65.00$ 103,025.00$ 32.00$ 50,720.00$ -51%128.00$ 202,880.00$ 97% PAVING, PERMEABLE PRECAST CONCRETE PAVER UNITS SQ FT 9490 25.00$ 237,250.00$ 25.00$ 237,250.00$ 0%30.65$ 290,868.50$ 23% PAVING, PRECAST CONCRETE PAVER UNITS SQ FT 1800 25.00$ 45,000.00$ 28.00$ 50,400.00$ 12%34.80$ 62,640.00$ 39% PLANTINGS, DECIDUOUS TREES, 3" CAL EACH 42 750.00$ 31,500.00$ 840.00$ 35,280.00$ 12%661.50$ 27,783.00$ -12% PLANTINGS, EVERGREEN TREES, 12'EACH 1 1,800.00$ 1,800.00$ 1,200.00$ 1,200.00$ -33%945.00$ 945.00$ -48% PLANTINGS, EVERGREEN TREES, 8'EACH 2 750.00$ 1,500.00$ 650.00$ 1,300.00$ -13%630.00$ 1,260.00$ -16% PLANTINGS, PERENNIALS, 1 GAL EACH 136 18.00$ 2,448.00$ 17.00$ 2,312.00$ -6%22.05$ 2,998.80$ 23% PLANTINGS, SHRUBS, 24" WD EACH 18 65.00$ 1,170.00$ 80.00$ 1,440.00$ 23%66.15$ 1,190.70$ 2% PLANTINGS, SODDED LAWN SQ YD 173 15.00$ 2,595.00$ 11.00$ 1,903.00$ -27%16.30$ 2,819.90$ 9% PLAZA DRAIN (SPECIAL)EACH 3 500.00$ 1,500.00$ 700.00$ 2,100.00$ 40%1,673.00$ 5,019.00$ 235% PROPOSED BENCH LIGHTING AND ELECTRICAL CONNECTIONS EACH 10 1,000.00$ 10,000.00$ 3,700.00$ 37,000.00$ 270%3,129.00$ 31,290.00$ 213% PROPOSED KIOSK LIGHTING AND ELECTRICAL CONNECTIONS EACH 1 1,500.00$ 1,500.00$ 3,800.00$ 3,800.00$ 153%5,040.00$ 5,040.00$ 236% PROPOSED VETERANS MEMORIAL LIGHTING, RECEPTACLES AND ELECTRICAL CONNECTIONSEACH 1 5,000.00$ 5,000.00$ 24,000.00$ 24,000.00$ 380%25,987.00$ 25,987.00$ 420% REAL TIME CONSTRUCTION CAMERA EACH 1 2,500.00$ 2,500.00$ 6,000.00$ 6,000.00$ 140%3,675.00$ 3,675.00$ 47% RECEPTACLE CABINETS EACH 2 10,000.00$ 20,000.00$ 11,000.00$ 22,000.00$ 10%10,342.50$ 20,685.00$ 3% REMOVE AND RELOCATE EXISTING CAMERA SURVEILLANCE EQUIPMENT AND WIRINGLSUM 1 1,500.00$ 1,500.00$ 4,400.00$ 4,400.00$ 193%2,310.00$ 2,310.00$ 54% REMOVE, REFURBISH AND RELOCATE EXISTING TALLMADGE LIGHTING UNITSEACH 16 4,000.00$ 64,000.00$ 4,000.00$ 64,000.00$ 0%4,273.50$ 68,376.00$ 7% ROADWAY TYPE LIGHTING UNITS, COMPLETE IN PLACE EACH 15 11,500.00$ 172,500.00$ 8,000.00$ 120,000.00$ -30%8,662.50$ 129,937.50$ -25% SIGN KIOSK EACH 1 12,000.00$ 12,000.00$ 6,100.00$ 6,100.00$ -49%9,200.00$ 9,200.00$ -23% SOILS, AMENDMENTS, 2" DEPTH TOPSOIL CU YD 4 65.00$ 260.00$ 120.00$ 480.00$ 85%94.50$ 378.00$ 45% SOILS, MULCH, 3" SHREDDED HARDWOOD BARK CU YD 21 65.00$ 1,365.00$ 65.00$ 1,365.00$ 0%88.20$ 1,852.20$ 36% SOILS, PLANTING SOIL MIX CU YD 110 75.00$ 8,250.00$ 95.00$ 10,450.00$ 27%94.50$ 10,395.00$ 26% SOILS, STRUCTURAL SOILS FOR TREE PITS CU YD 750 250.00$ 187,500.00$ 370.00$ 277,500.00$ 48%100.00$ 75,000.00$ -60% SOILS, TOPSOIL FOR LAWN AREA, 4" DEPTH CU YD 19 65.00$ 1,235.00$ 75.00$ 1,425.00$ 15%78.75$ 1,496.25$ 21% STEEL MAST ARM ASSEMBLY AND POLE, 10 FT.EACH 1 600.00$ 600.00$ 7,100.00$ 7,100.00$ 1083%3,780.00$ 3,780.00$ 530% TEMPORARY ELECTRICAL CONNECTIONS EACH 4 1,000.00$ 4,000.00$ 2,000.00$ 8,000.00$ 100%892.50$ 3,570.00$ -11% TREE GRATE RECEPTACLES, COMPLETE IN PLACE EACH 37 1,350.00$ 49,950.00$ 775.00$ 28,675.00$ -43%1,365.00$ 50,505.00$ 1% TREE GRATES AND FRAMES, 4X6 EACH 33 3,000.00$ 99,000.00$ 2,300.00$ 75,900.00$ -23%2,470.00$ 81,510.00$ -18% TREE GRATES AND FRAMES, 5X5 EACH 7 2,000.00$ 14,000.00$ 2,400.00$ 16,800.00$ 20%2,048.00$ 14,336.00$ 2% TREE GRATES AND FRAMES, 5X5 REUSED WITH NEW FRAMES EACH 11 1,200.00$ 13,200.00$ 1,200.00$ 13,200.00$ 0%1,090.00$ 11,990.00$ -9% 107 of 432 BREAKDOWNLANDMARK CONTRACTORS, INC.TOTAL QUANTITY ENGINEER'S ESTIMATE COPENHAVER CONSTRUCTIONSUMMARY OF QUANTITIES BREAKDOWN VAULTED SIDEWALK CONCRETE/PAVERS (SPECIAL)SQ FT 3317 30.00$ 99,510.00$ 30.00$ 99,510.00$ 0%66.00$ 218,922.00$ 120% WATER SERVICE LINES, CONNECTION PIPING, FITTINGS AND RPZ LSUM 1 35,000.00$ 35,000.00$ 65,000.00$ 65,000.00$ 86%43,000.00$ 43,000.00$ 23% WATER VALVE 6" (SPECIAL)EACH 1 5,000.00$ 5,000.00$ 4,000.00$ 4,000.00$ -20%8,500.00$ 8,500.00$ 70% BASE TOTAL 4,838,160.90$ 5,344,296.70$ 10%5,540,007.17$ 15% ALTERNATE 1 - ADDITIONAL COST FOR TRAFFIC SIGNAL - GROVE AND SHERMAN PAY ITEM NUMBER PAY ITEM NAME UNIT OF MEASURE TOTAL QUANTITY UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST % DIFF UNIT PRICE TOTAL COST % DIFF 40600635 LEVELING BINDER (MACHINE METHOD), N70 TON 10 100.00$ 1,000.00$ 110.00$ 1,100.00$ 10%88.75$ 887.50$ -11% 40603085 HOT-MIX ASPHALT BINDER COURSE, IL-19.0, N70 TON 70 90.00$ 6,300.00$ 110.00$ 7,700.00$ 22%90.00$ 6,300.00$ 0% 40603340 HOT-MIX ASPHALT SURFACE COURSE, MIX "D", N70 TON 70 100.00$ 7,000.00$ 115.00$ 8,050.00$ 15%94.50$ 6,615.00$ -6% 40700100 BITUMINOUS MATERIALS (TACK COAT)POUND 65 0.25$ 16.25$ 1.00$ 65.00$ 300%0.01$ 0.65$ -96% 42400800 DETECTABLE WARNINGS SQ FT 76 30.00$ 2,280.00$ 29.00$ 2,204.00$ -3%27.00$ 2,052.00$ -10% 44000100 PAVEMENT REMOVAL SQ YD 815 16.00$ 13,040.00$ 15.00$ 12,225.00$ -6%39.00$ 31,785.00$ 144% 44000500 COMBINATION CURB AND GUTTER REMOVAL FOOT 125 4.25$ 531.25$ 8.00$ 1,000.00$ 88%18.65$ 2,331.25$ 339% 4400600 SIDEWALK REMOVAL SQ FT 1500 1.75$ 2,625.00$ 2.00$ 3,000.00$ 14%2.60$ 3,900.00$ 49% 44201745 CLASS D PATCHES, TYPE III, 8 INCH SQ YD 80 75.00$ 6,000.00$ 140.00$ 11,200.00$ 87%40.00$ 3,200.00$ -47% 60603800 COMBINATION CONCRETE CURB AND GUTTER, TYPE B-6.12 FOOT 140 22.50$ 3,150.00$ 24.00$ 3,360.00$ 7%44.55$ 6,237.00$ 98% 72000100 SIGN PANEL - TYPE 1 SQ FT 17 30.00$ 510.00$ 20.00$ 340.00$ -33%52.50$ 892.50$ 75% 72000200 SIGN PANEL - TYPE 2 SQ FT 24 35.00$ 840.00$ 25.00$ 600.00$ -29%57.75$ 1,386.00$ 65% 80500020 SERVICE INSTALLATION - POLE MOUNTED EACH 1 1,700.00$ 1,700.00$ 2,100.00$ 2,100.00$ 24%2,231.25$ 2,231.25$ 31% 81028200 UNDERGROUND CONDUIT, GALVANIZED STEEL, 2" DIA.FOOT 212 25.00$ 5,300.00$ 37.00$ 7,844.00$ 48%17.85$ 3,784.20$ -29% 81028210 UNDERGROUND CONDUIT, GALVANIZED STEEL, 2 1/2" DIA.FOOT 59 30.00$ 1,770.00$ 33.00$ 1,947.00$ 10%25.20$ 1,486.80$ -16% 81028220 UNDERGROUND CONDUIT, GALVANIZED STEEL, 3" DIA.FOOT 79 35.00$ 2,765.00$ 34.00$ 2,686.00$ -3%29.40$ 2,322.60$ -16% 81028240 UNDERGROUND CONDUIT, GALVANIZED STEEL, 4" DIA.FOOT 211 40.00$ 8,440.00$ 51.00$ 10,761.00$ 28%44.10$ 9,305.10$ 10% 81400100 HANDHOLE EACH 4 1,400.00$ 5,600.00$ 2,700.00$ 10,800.00$ 93%2,100.00$ 8,400.00$ 50% 81400300 DOUBLE HANDHOLE EACH 1 2,800.00$ 2,800.00$ 4,200.00$ 4,200.00$ 50%2,835.00$ 2,835.00$ 1% 85000200 MAINTENANCE OF EXISTING TRAFFIC SIGNAL INSTALLATION EACH 1 2,500.00$ 2,500.00$ 10,500.00$ 10,500.00$ 320%5,670.00$ 5,670.00$ 127% 85100500 PAINT NEW TRAFFIC SIGNAL POST EACH 4 400.00$ 1,600.00$ 90.00$ 360.00$ -78%393.75$ 1,575.00$ -2% 85100600 PAINT NEW MAST ARM AND POLE, UNDER 40 FOOT EACH 4 2,000.00$ 8,000.00$ 610.00$ 2,440.00$ -70%892.50$ 3,570.00$ -55% 87301215 ELECTRIC CABLE IN CONDUIT, SIGNAL NO. 14 2C FOOT 1033 1.00$ 1,033.00$ 2.00$ 2,066.00$ 100%1.45$ 1,497.85$ 45% 87301225 ELECTRIC CABLE IN CONDUIT, SIGNAL NO. 14 3C FOOT 1308 1.50$ 1,962.00$ 2.00$ 2,616.00$ 33%1.45$ 1,896.60$ -3% 87301245 ELECTRIC CABLE IN CONDUIT, SIGNAL NO. 14 5C FOOT 1208 1.80$ 2,174.40$ 2.00$ 2,416.00$ 11%1.70$ 2,053.60$ -6% 87301255 ELECTRIC CABLE IN CONDUIT, SIGNAL NO. 14 7C FOOT 646 2.00$ 1,292.00$ 2.00$ 1,292.00$ 0%2.05$ 1,324.30$ 3% 87301805 ELECTRIC CABLE IN CONDUIT, SERVICE, NO. 6 2 C FOOT 237 2.50$ 592.50$ 8.00$ 1,896.00$ 220%3.70$ 876.90$ 48% 87301900 ELECTRIC CABLE IN CONDUIT, EQUIPMENT GROUNDING CONDUCTOR, NO. 6 1CFOOT 667 2.00$ 1,334.00$ 2.00$ 1,334.00$ 0%2.10$ 1,400.70$ 5% 87502480 TRAFFIC SIGNAL POST, GALVANIZED STEEL 14 FT.EACH 2 1,150.00$ 2,300.00$ 1,900.00$ 3,800.00$ 65%1,659.00$ 3,318.00$ 44% 87502500 TRAFFIC SIGNAL POST, GALVANIZED STEEL 16 FT.EACH 2 1,250.00$ 2,500.00$ 2,000.00$ 4,000.00$ 60%1,732.50$ 3,465.00$ 39% 87700160 STEEL MAST ARM ASSEMBLY AND POLE, 24 FT.EACH 2 5,000.00$ 10,000.00$ 7,000.00$ 14,000.00$ 40%6,825.00$ 13,650.00$ 37% 87700170 STEEL MAST ARM ASSEMBLY AND POLE, 26 FT.EACH 1 5,500.00$ 5,500.00$ 7,200.00$ 7,200.00$ 31%7,455.00$ 7,455.00$ 36% 87700190 STEEL MAST ARM ASSEMBLY AND POLE, 30 FT.EACH 1 6,500.00$ 6,500.00$ 8,300.00$ 8,300.00$ 28%9,240.00$ 9,240.00$ 42% 87800100 CONCRETE FOUNDATION, TYPE A FOOT 16 250.00$ 4,000.00$ 270.00$ 4,320.00$ 8%204.75$ 3,276.00$ -18% 87800150 CONCRETE FOUNDATION, TYPE C FOOT 1 600.00$ 600.00$ 1,700.00$ 1,700.00$ 183%682.50$ 682.50$ 14% 87800400 CONCRETE FOUNDATION, TYPE E 30-INCH DIAMETER FOOT 30 225.00$ 6,750.00$ 360.00$ 10,800.00$ 60%236.25$ 7,087.50$ 5% 87800415 CONCRETE FOUNDATION, TYPE E 36-INCH DIAMETER FOOT 11 250.00$ 2,750.00$ 400.00$ 4,400.00$ 60%273.00$ 3,003.00$ 9% 88030020 SIGNAL HEAD, LED, 1-FACE, 3-SECTION, MAST-ARM MOUNTED EACH 6 1,150.00$ 6,900.00$ 1,100.00$ 6,600.00$ -4%1,008.00$ 6,048.00$ -12% 88030050 SIGNAL HEAD, LED, 1-FACE, 3-SECTION, BRACKET MOUNTED EACH 2 1,000.00$ 2,000.00$ 1,050.00$ 2,100.00$ 5%929.25$ 1,858.50$ -7% 88030100 SIGNAL HEAD, LED, 1-FACE, 5-SECTION, BRACKET MOUNTED EACH 2 1,500.00$ 3,000.00$ 1,400.00$ 2,800.00$ -7%1,323.00$ 2,646.00$ -12% 88030110 SIGNAL HEAD, LED, 1-FACE, 5-SECTION, MAST-ARM MOUNTED EACH 2 1,750.00$ 3,500.00$ 1,500.00$ 3,000.00$ -14%1,407.00$ 2,814.00$ -20% 88102710 PEDESTRIAN SIGNAL HEAD, LED, 1-FACE, BRACKET MOUNTED EACH 8 950.00$ 7,600.00$ 920.00$ 7,360.00$ -3%1,102.50$ 8,820.00$ 16% 88200310 TRAFFIC SIGNAL BACKPLATE, LOUVERED, PLASTIC EACH 8 150.00$ 1,200.00$ 220.00$ 1,760.00$ 47%267.75$ 2,142.00$ 79% 88700200 LIGHT DETECTOR EACH 2 1,500.00$ 3,000.00$ 1,600.00$ 3,200.00$ 7%1,449.00$ 2,898.00$ -3% 88700300 LIGHT DETECTOR AMPLIFIER EACH 1 3,500.00$ 3,500.00$ 2,600.00$ 2,600.00$ -26%3,097.50$ 3,097.50$ -12% 89502375 REMOVE EXISTING TRAFFIC SIGNAL EQUIPMENT EACH 1 10,000.00$ 10,000.00$ 6,700.00$ 6,700.00$ -33%4,725.00$ 4,725.00$ -53% 89502380 REMOVE EXISTING HANDHOLE EACH 3 500.00$ 1,500.00$ 620.00$ 1,860.00$ 24%210.00$ 630.00$ -58% 89502385 REMOVE EXISTING CONCRETE FOUNDATION EACH 6 400.00$ 2,400.00$ 620.00$ 3,720.00$ 55%210.00$ 1,260.00$ -48% X0324085 EMERGENCY VEHICLE PRIORITY SYSTEM LINE SENSOR CABLE, NO. 20 3/C FOOT 219 1.50$ 328.50$ 2.00$ 438.00$ 33%1.60$ 350.40$ 7% X1400081 FULL-ACTUATED CONTROLLER AND TYPE SUPER P CABINET (SPECIAL)EACH 1 30,000.00$ 30,000.00$ 35,000.00$ 35,000.00$ 17%36,324.75$ 36,324.75$ 21% X4240430 PORTLAND CEMENT CONCRETE SIDEWALK 5 INCH, SPECIAL SQ FT 2010 7.00$ 14,070.00$ 11.00$ 22,110.00$ 57%8.60$ 17,286.00$ 23% X8620200 UNINTERRUPTABLE POWER SUPPLY, SPECIAL EACH 1 8,000.00$ 8,000.00$ 7,300.00$ 7,300.00$ -9%7,822.50$ 7,822.50$ -2% X8760200 ACCESSIBLE PEDESTRIAN SIGNALS EACH 8 2,000.00$ 16,000.00$ 1,400.00$ 11,200.00$ -30%1,706.25$ 13,650.00$ -15% 246,053.90$ 292,370.00$ 19%279,366.45$ 14% ALTERNATE 2 - ADDITIONAL COST FOR FULL UNIT PAVER - TRIANGLE PLAZA PAY ITEM NUMBER PAY ITEM NAME UNIT OF MEASURE TOTAL QUANTITY UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST % DIFF UNIT PRICE TOTAL COST % DIFF X4240430 PORTLAND CEMENT CONCRETE SIDEWALK 5 INCH, SPECIAL SQ FT -4570 7.00$ (31,990.00)$ 7.00$ (31,990.00)$ 0%8.60$ (39,302.00)$ 23% ALT SUB-TOTAL 108 of 432 BREAKDOWNLANDMARK CONTRACTORS, INC.TOTAL QUANTITY ENGINEER'S ESTIMATE COPENHAVER CONSTRUCTIONSUMMARY OF QUANTITIES BREAKDOWN PAVING, PERMEABLE PRECAST CONCRETE PAVER UNITS SQ FT 4570 25.00$ 114,250.00$ 20.00$ 91,400.00$ -20%31.50$ 143,955.00$ 26% 82,260.00$ 59,410.00$ -28%104,653.00$ 27% ALTERNATE 3 - ADDITIONAL COST FOR FESTOON LIGHTS PAY ITEM NUMBER PAY ITEM NAME UNIT OF MEASURE TOTAL QUANTITY UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST % DIFF UNIT PRICE TOTAL COST % DIFF 83600300 LIGHT POLE FOUNDATION 30" DIA.FOOT 80 200.00$ 16,000.00$ 320.00$ 25,600.00$ 60%241.50$ 19,320.00$ 21% FESTOON LIGHT POLES WITH STRING LIGHTS, COMPLETE IN PLACE EACH 10 9,000.00$ 90,000.00$ 9,000.00$ 90,000.00$ 0%7,035.00$ 70,350.00$ -22% 106,000.00$ 115,600.00$ 9%89,670.00$ -15% ALTERNATE 4 - ADDITIONAL COST FOR IRRIGATION SYSTEMS PAY ITEM NUMBER PAY ITEM NAME UNIT OF MEASURE TOTAL QUANTITY UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST % DIFF UNIT PRICE TOTAL COST % DIFF IRRIGATION SYSTEMS LSUM 1 15,000.00$ 15,000.00$ 35,000.00$ 35,000.00$ 133%7,000.00$ 7,000.00$ -53% 15,000.00$ 35,000.00$ 133%7,000.00$ -53% ALTERNATE 5 - ADDITIONAL COST FOR MOVABLE TABLES AND CHAIRS OPTION 1 PAY ITEM NUMBER PAY ITEM NAME UNIT OF MEASURE TOTAL QUANTITY UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST % DIFF UNIT PRICE TOTAL COST % DIFF MOVABLE TABLES AND CHAIRS OPTION 1 EACH 40 650.00$ 26,000.00$ 750.00$ 30,000.00$ 15%605.00$ 24,200.00$ -7% 26,000.00$ 30,000.00$ 15%24,200.00$ -7% ALTERNATE 6 - ADDITIONAL COST FOR BISTRO TABLES AND CHAIRS OPTION 2 PAY ITEM NUMBER PAY ITEM NAME UNIT OF MEASURE TOTAL QUANTITY UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST % DIFF UNIT PRICE TOTAL COST % DIFF BISTRO TABLES AND CHAIRS OPTION 2 EACH 40 1,800.00$ 72,000.00$ 2,200.00$ 88,000.00$ 22%2,050.00$ 82,000.00$ 14% 72,000.00$ 88,000.00$ 22%82,000.00$ 14% ALTERNATE 7 - SHERIDAN STREET LIGHTING IMPROVMENTS PROJECT PAY ITEM NUMBER PAY ITEM NAME UNIT OF MEASURE TOTAL QUANTITY UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST % DIFF UNIT PRICE TOTAL COST % DIFF 21301048 EXPLORATION TRENCH 48" DEPTH FOOT 100 25.00$ 2,500.00$ 60.00$ 6,000.00$ 140%73.50$ 7,350.00$ 194% 70102635 TRAFFIC CONTROL AND PROTECTION, 701701 L SUM 1 10,000.00$ 10,000.00$ 20,000.00$ 20,000.00$ 100%10,762.50$ 10,762.50$ 8% 70102640 TRAFFIC CONTROL AND PROTECTION, 701801 L SUM 1 2,500.00$ 2,500.00$ 6,000.00$ 6,000.00$ 140%4,305.00$ 4,305.00$ 72% 81028730 UNDERGROUND CONDUIT, COILABLE NONMETALLIC, 1 1/4" DIA.FOOT 1710 15.00$ 25,650.00$ 21.00$ 35,910.00$ 40%21.00$ 35,910.00$ 40% 81400730 HANDHOLE, COMPOSITE CONCRETE EACH 5 750.00$ 3,750.00$ 620.00$ 3,100.00$ -17%1,365.00$ 6,825.00$ 82% 81028210 UNDERGROUND CONDUIT, GALVANIZED STEEL, 2 1/2 " DIA.FOOT 700 25.00$ 17,500.00$ 49.00$ 34,300.00$ 96%36.75$ 25,725.00$ 47% 81702180 ELECTRIC CABLE IN CONDUIT, 600V (XLP‐TYPE USE) 1/C NO. 2 FOOT 540 2.50$ 1,350.00$ 5.00$ 2,700.00$ 100%2.10$ 1,134.00$ -16% 81702140 ELECTRIC CABLE IN CONDUIT, 600V (XLP‐TYPE USE) 1/C NO. 4 FOOT 13800 2.00$ 27,600.00$ 2.00$ 27,600.00$ 0%1.35$ 18,630.00$ -33% 81702130 ELECTRIC CABLE IN CONDUIT, 600V (XLP‐TYPE USE) 1/C NO. 6 FOOT 2250 1.75$ 3,937.50$ 2.00$ 4,500.00$ 14%1.05$ 2,362.50$ -40% 83600200 LIGHT POLE FOUNDATION 24" DIA.FOOT 350 150.00$ 52,500.00$ 170.00$ 59,500.00$ 13%199.50$ 69,825.00$ 33% 84400105 RELOCATE EXISTING LIGHTING STANDARD EACH 35 1,500.00$ 52,500.00$ 700.00$ 24,500.00$ -53%1,942.50$ 67,987.50$ 30% 84200804 REMOVAL EXISTING LIGHT POLE FOUNDATION EACH 35 350.00$ 12,250.00$ 370.00$ 12,950.00$ 6%210.00$ 7,350.00$ -40% 87900200 DRILL EXISTING HANDHOLE EACH 10 400.00$ 4,000.00$ 310.00$ 3,100.00$ -23%294.00$ 2,940.00$ -27% X8130120 RELOCATE EXISTING JUNCTION BOX EACH 2 500.00$ 1,000.00$ 450.00$ 900.00$ -10%892.50$ 1,785.00$ 79% X8210675 LUMINAIRE, METAL HALIDE HORIZONTAL MOUNT 400W EACH 10 500.00$ 5,000.00$ 560.00$ 5,600.00$ 12%441.00$ 4,410.00$ -12% X8360215 LIGHT POLE FOUNDATION, 24" DIAMETER, OFFSET FOOT 28 200.00$ 5,600.00$ 250.00$ 7,000.00$ 25%252.00$ 7,056.00$ 26% ** Z0033028 MAINTENANCE OF EXISTING LIGHTING SYSTEMS L SUM 1 8,000.00$ 8,000.00$ 9,300.00$ 9,300.00$ 16%4,042.50$ 4,042.50$ -49% 235,637.50$ 262,960.00$ 12%278,400.00$ 18% ALTERNATE 8 - ADDITIONAL COST FOR SECURITY CAMERAS/CALL BOXES PAY ITEM NUMBER PAY ITEM NAME UNIT OF MEASURE TOTAL QUANTITY UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST % DIFF UNIT PRICE TOTAL COST % DIFF CAMERA SURVEILLANCE AND POLICE CALL BOX EQUIPMENT AND WIRING L SUM 1 15,000.00$ 15,000.00$ 53,000.00$ 53,000.00$ 253%51,240.00$ 51,240.00$ 242% 15,000.00$ 53,000.00$ 253%51,240.00$ 242% Corrected Total Cost over $50,000 exceeding Engineer's Estimate 4,838,160.90$ 5,344,296.70$ 10%5,540,007.17$ 15% by more than 20%562,313.90$ 673,380.00$ 20%638,129.45$ 13% 5,636,112.30$ 6,280,636.70$ 11%6,456,536.62$ 15% SHERIDAN TOTAL ALT SUB-TOTAL BASE TOTAL ALT SUB-TOTAL ALT SUB-TOTAL ALT SUB-TOTAL ALT SUB-TOTAL ALT SUB-TOTAL ALT SUB-TOTAL GRAND TOTAL ENGINEER'S ESTIMATE COPENHAVER CONSTRUCTION LANDMARK CONTRACTORS, INC. 109 of 432 Fountain Square Renovation Project, Bid 17-05, M/W/EBE Memo 03.13.2017 To: David Stoneback, Public Works Agency Director Lara Biggs, P.E. Bureau Chief – Capital Planning / City Engineer Stefanie Levine, Senior Project Manager From: Tammi Nunez, Purchasing Manager Subject: Fountain Square Renovation, Bid 17-05 Date: March 13, 2017 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 Fountain Square Renovation project, Bid 17-05, Copenhaver Construction total base bid is $5,847,266.70 and they will receive 27.2% credit for compliance towards the initial M/W/EBE goal. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Alas Trucking 389 Thelma Court Wheeling, IL 60090 Trucking $1,595,444.18 27.2% X Total M/W/EBE $1,595,444.18 27.2% CC: Martin Lyons, Assistant City Manager/CFO Memorandum 110 of 432 For City Council meeting of March 13, 2017 Item A3.8 Business of the City by Motion: Green Bay Road Landscape Maintenance For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Paul D’Agostino, Environmental Services Bureau Chief Subject: Green Bay Road Landscape Maintenance (Bid # 17-17) Date: March 3, 2017 Recommended Action: Staff recommends City Council authorize the City Manager to execute a contract for the 2017 Green Bay Road Landscape Maintenance contract to the low bidder, Landscape Concepts Management, Inc., (31745 Alleghany Rd., Grayslake, IL, 60030) in the amount of $24,966.90. Funding Source: Funding for this project is included in the proposed FY 2017 General Fund budget (Account 100.40.4330.62195), which has a total allocation of $142,000.00. Livability Benefits: Built Environment: Enhance public spaces Natural Systems: Prevent and manage invasive species Summary: Bids for the landscape maintenance of the Green Bay Road Railroad Embankment were opened and publicly read on February 28, 2017. 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 two bids were received. The recommended contract amount represents an increase from the 2016 contract of $771.90 (3.2%). Memorandum 111 of 432 This contract is for one year of maintenance of the native planting areas found from Isabella to Central and from Noyes to Foster and the remaining “formally” planted area from Isabella to Foster. The 2017 bid includes two optional one-year contract renewals, with the recommendation of award to be based on the performance of the contractor during the 2017 season and the approval of sufficient funding in FY 2018 and FY 2019. The scope of the native planting area maintenance involves a mass-cutting of all areas prior to June 1, weekly litter and debris cleanups from April through December, and seeding and re-plugging (transplanting) of native plant material as needed. The mass cutting of these areas does not include the removal of any mature trees. The scope of maintenance work in the formally planted areas involves a spring and fall cleanup; weekly litter and debris cleanups from April through December; annual mulching and fertilization, weed/insect/disease control and tree and shrub pruning as needed; grass cutting, and three seasonal flower plantings through the growing season. The results of the bids received are as follows: Bidder 2017 Bid 2018 Bid 2019 Bid Landscape Concepts Management, Inc., Grayslake, IL $24,966.90 $25,064.60 $25,117.30 KGI Landscaping Co., Skokie, IL $27,983.00 $27,983.00 $27,983.00 112 of 432 For City Council meeting of March 13, 2017 Item A3.9 Business of the City by Motion: 2017 50/50 Sidewalk Replacement 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 for 2017 50/50 Sidewalk Replacement Project (Bid No. 17-12) Date: February 28, 2017 Recommended Action: Staff recommends City Council authorize the City Manager to execute a contract for the 2017 50/50 Sidewalk Replacement Project (Bid No. 17-12) with Schroeder & Schroeder Inc. (7306 Central Park Avenue, Skokie, IL 60076) in the amount of $208,900.00. Funding Source: Funding will be provided from the Capital Improvement Program (CIP) General Obligation Bonds (Account 415.40.4117.65515 – 417021) in the amount of $150,000 and from estimated private funds in the amount of $58,900. This project was budgeted at $150,000 in FY 2017. Livability: Built Environment: Enhance public spaces; Promote diverse transportation modes Health & Safety: Promote healthy, active lifestyles Background Information: The 50/50 Sidewalk Replacement Program provides for the replacement of sections of deteriorated sidewalk as requested by property owners. The cost of sidewalk replacement is shared between property owners and the City where the property owners pay 50% of the cost. Sidewalk sections damaged by tree roots in the parkway are replaced using City funds. An initial installation of citywide sidewalk improvements will be scheduled for this spring. Depending on demand and available funding, additional sidewalk repair may be scheduled in the fall. Memorandum 113 of 432 Analysis: The bid documents were prepared and sent to several potential bidders. The project was advertised on January 26, 2017 in Pioneer Press. The project was also published on Demand Star. A pre-bid meeting was held on February 7, 2017 and the bids were received and publicly read on February 21, 2017. Two bids were submitted as follows: Contractor Address Schroeder & Schroeder Inc. 7306 Central Park Avenue, Skokie, IL 60076 Suburban Concrete, Inc. 21227 W. Commercial Dr., Mundelein, IL 60060 The submitted bid 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. A summary of the bid pricing received was as follows: Contractor Total Bid Price Schroeder & Schroeder Inc. $ 208,900.00 Suburban Concrete, Inc. $ 213,145.00 The engineer’s estimate for this contract is $213,860.00. Therefore, staff recommends that the contract be awarded to Schroeder & Schroeder Inc. This project is scheduled to begin in June 2017 and be completed by October 2017. Schroeder & Schroeder Inc. has completed various similar projects for the City. Staff has found their work to be satisfactory. The bid proposal indicated intent to meet the City’s M/W/EBE program goal. A memo reviewing compliance with the City’s M/W/EBE program goals is attached. Attachments: Bid Tabulation Memo on M/W/EBE Compliance 114 of 432 1PCC SIDEWALK - 5" (REMOVAL & REPLACEMENT) - MAIN WALKSQ FT 24,000 $7.25 $174,000.00 $7.25 $174,000.00 $7.20 $172,800.002PCC SIDEWALK, SPECIAL - 5" (REMOVAL, REGRADING & REPLACEMENT) - MAIN WALKSQ FT 2,000 $7.50 $15,000.00 $7.65 $15,300.00 $7.40 $14,800.003PCC SIDEWALK - 5" (REMOVAL & REPLACEMENT) - PARKWAY / SERVICE WALKSQ FT 1,000 $10.00 $10,000.00 $8.00 $8,000.00 $9.75 $9,750.004PCC SIDEWALK - 5" NEW (9" EARTH EXCAVATION & 4" AGGREGATE BASE COURSE)SQ FT 150 $12.00 $1,800.00 $8.00 $1,200.00 $10.50 $1,575.005CONCRETE CURB, TYPE B (REMOVAL & REPLACEMENT)FOOT 100 $25.00 $2,500.00 $18.00 $1,800.00 $40.00 $4,000.006COMBINATION CONCRETE CURB & GUTTER, TYPE B-6.12 (REMOVAL & REPLACEMENT)FOOT 100 $35.00 $3,500.00 $22.00 $2,200.00 $35.00 $3,500.007 EARTH EXCAVATION, SPECIAL, 2"-6" SQ YD 30 $7.00 $210.00 $5.00 $150.00 $6.00 $180.008 FURNISHING AND PLACING TOPSOIL, SPECIAL, 2"-4" SQ YD 30 $5.00 $150.00 $5.00 $150.00 $6.00 $180.009 SODDING, SPECIAL SQ YD 30 $10.00 $300.00 $20.00 $600.00 $12.00 $360.0010 DETECTABLE WARNINGS SQ FT 100 $37.00 $3,700.00 $32.00 $3,200.00 $25.00 $2,500.0011 BRICK PAVER REMOVAL AND REPLACEMENT SQ FT 100 $12.00 $1,200.00 $8.00 $800.00 $20.00 $2,000.0012 ENGINEERING SERVICES HOUR 20 $75.00 $1,500.00 $75.00 $1,500.00 $75.00 $1,500.00$213,860.00 $208,900.00 $213,145.00$208,900.00 $213,145.00TOTAL BIDAS READAS CORRECTEDITEM NO.ITEMUNITUNIT PRICE TOTALBIDDERSTOTAL QUANTITYUNIT PRICE7306 Central Park AvenueUNIT PRICE TOTALTOTALCITY OF EVANSTONTABULATION OF BIDS FOR2017 50/50 SIDEWALK REPLACEMENT PROGRAM - BID NO. 17-12Suburban Concrete, Inc.21227 W. Commercial DriveMundelein, IL 60060Skokie, IL 60076Schroeder & Schroeder, Inc.APPROVED ENGINEER'S ESTIMATEDATE: February 21, 2017 TIME: 2:00 PM ATTENDED BY: Rajeev Dahal115 of 432 Bid 17-12, Approval of Contract for 2017 50/50 Sidewalk Replacement Project, M/W/EBE Memo, 03.13.2017 To: David Stoneback, Chief of Public Works Agency Lara Biggs, Bureau Chief – Capital Planning / City Engineer Rajeev Dahal, Senior Project Manager From: Tammi Nunez, Purchasing Manager Subject: Bid 17-12, Approval of Contract for 2017 50/50 Sidewalk Replacement Project Date: March 13, 2017 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 has established a 25% M/W/EBE subcontracting participation goal for general contractors. With regard for the Approval of Contract for 2017 50/50 Sidewalk Replacement Project, Bid 17-12 in the base bid amount of $208,900.00, the primary contractor Schroeder & Schroeder Inc., has subcontracted the following: Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Ozinga Ready Mix 2525 Oakton Street Evanston, IL 60202 Concrete $58,000.00 27.8% X Total M/W/EBE $58,000.00 27.8% CC: Martin Lyons, Assistant City Manager/CFO Memorandum 116 of 432 For City Council meeting of March 13, 2017 Item A3.10 Business of the City by Motion: Contract Extension 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 James Maiworm, Bureau Chief of Infrastructure Maintenance Subject: Contract Extension for Pavement Patching Date: February 2, 2017 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a one year contract extension for pavement patching with J. A. Johnson Paving Company (1025 E. Addison Ct., Arlington Heights, Illinois) in the amount of $600,000.00. This contract award is part of a bid let by the Municipal Partnering Initiative (MPI). Funding Source: Funding for this service will be from the Capital Improvement Fund (Account 415.40.4116.65515 - 417023) which has $600,000 budgeted for the supplemental patching program in 2017. Livability Benefits: Built Environment: Enhancing public spaces Climate & Energy: Reduce material waste Background Information: In April 2015, staff from the MPI solicited bids for pavement patching services. The proposed contract was for a one-year period with a possible one year extension. The Municipal Partnering Initiative (MPI) is a group of 18 municipal governments and agencies from North Shore and Northwest Suburban areas that solicit bids for the group with the objective of securing better pricing thru increased volume. In 2014 the City of Evanston paid $25.50 per square yard for the patching program and patched just over 10,000 square yards of pavement. Memorandum 117 of 432 The City of Evanston carefully considers the use of the Cooperative Bidding Programs as many of the communities that we collectively bid with do not have the M/W/EBE or local employment programs. Given the critical need for infrastructure maintenance and limited resources for the maintenance, staff recommends we utilize the MPI bid extension for this year. Analysis: Below are the results of the bid tabulation from 2015 for the style of patching specified by City staff. J.A. Johnson Paving Company has agreed to hold their 2015 bid price of $22.25 per square yard for the 2017. Contractor UOM Unit Cost JA Johnson Paving, Arlington Heights IL SY $22.25 Chicagoland Paving, Lake Zurich, IL SY $22.50 Alamp Concrete, Schaumburg, IL SY $40.00 Peter Baker, Lake Bluff, IL SY $50.00 Staff recommends the contract extension to the patching contact to J.A. Johnson Paving Company of Arlington Heights. Participation in the contract will allow the City to provide asphalt patching of an additional 27,000 square yards of distressed pavement areas City wide for the budgeted amount of $600,000. Last year 27,000 square yards were patched as a part of this program for a budgeted amount of $600,000. A preliminary list of patching locations is enclosed. Additional locations may be added or subtracted as conditions require and budget allow. 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 at the City Council on February 22, 2016 Attachments: Preliminary map of patching locations Letter from J.A. Johnson Paving Company confirming 2017 pricing 118 of 432 119 of 432 120 of 432 For City Council meeting of March 13, 2017 Item A3.11 Business of the City by Motion: Sole Source Purchase of Concrete For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director James Maiworm, Bureau Chief of Infrastructure Maintenance Subject: Sole Source Purchase of Concrete Date: March 13, 2017 Recommended Action: 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 $42,100. Funding Source: Funding for this purchase will be as follows: Fund Account FY 2017 Budget Contract Amount General 100.40.4510.65055 $100,000 $26,900 Water 510.40.4540.65051 $ 27,600 $ 7,600 Sewer 515.40.4530.65051 $ 10,000 $ 7,600 Total $42,100 Livability Benefits: Climate & Energy – Reduce greenhouse gas emissions Economy & Jobs – Retain & expand local businesses Background Information: Prior to 2011, City staff purchased concrete from Ozinga using a purchase order for the invoiced amount for each project. In 2011, the City of Evanston sought competitive bids for the purchase of concrete materials. Ozinga was the only bidder for the materials and was awarded the contract by City Council. The contract at that time allowed for an extension of up to four additional years, which were reviewed by staff and approved by City Council in 2012, 2013, 2014 and 2015. The opportunity to extend the original 2011 contract expired at the end of 2015. Memorandum 121 of 432 In February 2016, a bid was advertised for concrete materials, and once again only Ozinga submitted a bid. When other vendors were queried as to why they did not bid the answer was “due to the geographic proximity of the Ozinga plant to Evanston no other vendor felt they could compete.” Analysis: Upon request by City staff, Ozinga has submitted a new quotation for the 2017 construction season. Their quote tab is as follows: Item Description Est Qty. 2016 unit price 2017 unit price 2017 extended price Concrete 225 CY $116.00 CY $118.00 CY $26,550.00 High early concrete 100 CY $132.00 CY $126.00 CY $12,600.00 Flowable fill 25 CY $108.00 CY $118.00 CY $2,950.00 Total $42,100.00 The 2017 estimated total cost per quantity is $42,100.00. In an effort to determine if the quote was a fair price, staff acquired a phone quote from Prairie Materials and was provided a price of $155.00/cu yd. This compares favorably to Ozinga quote of $118.00 per Cubic Yard. Given the historic lack of competition in bidding and the favorable price comparison by phone quote, staff is recommending a sole source purchase of concrete. It is staff’s opinion that awarding the concrete and flowable fill purchase to Ozinga is in the City’s best interest for the following reasons: • Favorable pricing provided by Ozinga • Ozinga’s has a concrete plant located in Evanston • The environmental benefits of the concrete being provided from the closest available concrete plant Legislative History: At the April 25, 2016 meeting the City Council approved a one year sole source contract with Ozinga. Attachments: Ozinga Quote 122 of 432 Attention:BOB FIATZ Quote Date:12/12/2016 Address:Area Pricing 2017 Quoted By:Bill Roe Sales Phone:(312) 735-6842 Sales Email:BillRoe@ozinga.com Job PO:Estimated Yards:100 Please read all charges, dates, and terms below. Prices firm through: 12/31/2017 Terms and Conditions HOURS OF OPERATION: MON-FRI 6:00 AM - 5:00 PM SAT 6:00 AM - 12:00 PM No Escalation for this Quote. Any unpaid Balance at 45 days may have liens placed to secure payment – All prices on quote are applicable if used. Taxes not included. Prices subject to change after 60 days; additionally, prices subject to change based on change in scope of Project. Payment Terms: Net 30 (outstanding balances shall incur a late payment fee of 1.5% per month). Ozinga does not warrant the performance of concrete which is not adequately cured, is improperly handled and/or finished. Tests for slump and air content shall be made in accordance with procedures listed in the current ASTM C94 and by certified field inspectors. Any water added shall be at Customer's risk. Ozinga will always strive to deliver materials in a timely manner but at times delays may occur. Ozinga will not accept back charges for service issues. This quote is solely for the Customer's own internal use and is not to be published or disseminated to any third party. Signature:Date: Customer Signature Notes Additional Charge Price / Rate Additional Charge Price / Rate Integral Fiber - Fibermesh $9.00 per CYD Hot Weather Cooling $25.00 per CYD NCA (Non Chloride Accelerator)$9.00 per % per CYD Overtime Delivery (plant charge may apply)$10.00 per CYD Saturday Delivery $80.00 per Load Integral Fiber - Stealth $8.00 per CYD High Range Water Reducer $9.00 per CYD Waiting Time - after 60 minutes $0.00 per Minute Fuel Surcharge A fuel surcharge will be effective when the price of diesel fuel exceeds $3.75 per gallon. Ask your salesman for details. Minimum Load Charge <7CY $20|<6CY $40|<5CY $80|<4CY $120|<3CY $160|<2CY $200 Winter Service $10.00 per CYD from Nov 01 to Mar 31 Mix Usage (Qty)Price 1050 3000 PSI FULL AE $118.00 per CYD 1055 3500 PSI FULL AE $122.00 per CYD 1060 4000 PSI FULL AE $126.00 per CYD 1497 6.0 BG FULL AE $126.00 per CYD 6.1 STATE 6.1 PV,SI STATE PRICE GROUP $128.00 per CYD 1877 .53 FLOWABLE FILL FA FULL AE $118.00 per CYD Environmental Charge $3.00 per CYD ©2017 Ozinga Ready Mix Concrete, Inc.Page 1 of 1 Ozinga Ready Mix Concrete, Inc. 2222 S. Lumber Street Chicago, IL 60616 P (312) 432-8100 F (312) 432-8101 Chicago DivisionQuote # 25844246 Customer:CITY OF EVANSTON Project:Area Pricing 2017 123 of 432 For City Council meeting of March 13, 2017 Item A3.12 Business of the City by Motion: 2017 CIPP Sewer Rehabilitation Contract A 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, Bureau Chief – Capital Planning / City Engineer Paul Moyano, Senior Project Manager Subject: 2017 CIPP Sewer Rehabilitation Contract A (Bid No. 17-15) Award of Contract Date: March 2, 2017 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract for the 2017 CIPP Sewer Rehabilitation Contract A (Bid No. 17-15) with Hoerr Construction, Inc. (1601-D W. Luthy Drive, Peoria, IL) in the amount of $210,088.00. Funding Source: Funding for this project is from Sewer Fund, Account 515.40.4535.62461 - 417010, which has a FY 2017 budget of $665,000. Livability Benefits: Built Environment: Manage water resources responsibly Reduce Environmental Impact: Reduce material waste Background: This contract includes rehabilitation of 4,301 feet of combined sewer main ranging in size from 8-inch diameter to 27-inch diameter at 13 different sites. A location map indicating where the work will take place is attached. The sewer mains were identified as needing rehabilitation during the Sewer Division’s regular closed circuit TV inspection of sewer mains. The work is to be completed by June 2, 2017. The contract documents for this project were sent only to the five contractors pre- qualified to perform this type of work per RFQ 16-67. These contractors submitted information demonstrating that the product they intend to use meets specific minimum requirements; that they are trained and approved to install the product; and that they Memorandum 124 of 432 have at least the required minimum amount of experience installing the product. Council approved the pre-qualification of these contractors on January 9, 2017. Discussion: Bids for the subject project were opened and publicly read on Tuesday, February 28, 2017. Four of the pre-qualified contractors submitted bids for this project as summarized in the table below. Contractor Information: Contractor Address Total Bid Hoerr Construction, Inc. 1601-D W. Luthy Drive, Peoria, IL 61612 $210,088.00 Insituform Technologies 17988 Edison Avenue, Chesterfield, MO 63005 $275,854.90 Kenny Construction 2215 Sanders Road, Suite 400, Northbrook, IL 60062 $276,890.00 Visu-Sewer of Illinois 9014 S. Thomas Avenue, Bridgeview, IL 60455 $266,737.85 NOTE: The bid from Hoerr Construction, Inc. had an error in the extension of prices and Total Bid listed has been updated to reflect unit price amounts. The submitted bids cannot be withdrawn or cancelled for a period of sixty (60) calendar days following the bid opening, or until April 29, 2017. The bids were reviewed by Paul Moyano, Senior Project Manager. Hoerr Construction, Inc. is the lowest responsible bidder meeting the project specifications. Hoerr Construction, Inc. is requesting a full waiver of the City’s M/W/EBE program goal because there are no subcontractors for this work. A memo reviewing their compliance is attached. The Local Employment Program does not apply, as the total bid is under $250,000. Staff recommends award to Hoerr Construction, Inc. Hoerr Construction, Inc. was prequalified in 2017 and they completed a sewer rehabilitation project for the City in 2015. The quality of their work was satisfactory. Legislative History: On January 9, 2017, the City Council approved the list of pre-qualified CIPP rehabilitation contractors (RFP 16-67). Attachments: 2017 CIPP Sewer Rehabilitation Contract A Location Map Bid Tabulation for Bid 17-15 2017 CIPP Sewer Rehabilitation Contract A M/W/EBE Compliance Review Memo 125 of 432 McCORMICK BLVDS H 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 S T 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 R OSLYN 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 ST E 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 CHANCELLOR LIVINGSTON 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 170035002600170018009001900900210023002100400380037005 8 10 1 7 6 2 11 4 13 3 9 12 Project Area Main Road Local Street Railroad Water City Boundary 0 0.5 10.25 Mile 1:31,680 1 inch = 0.5 mile City of Evanston2017 CIPP Sewer Rehabilitation - Contract ABid # 17-15 01/19/2017 This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. 2017A_CIPPSewerRehab_BWltr.mxd ´ 126 of 432 Bid Number: 17-15 Bid Opening: 2:00 p.m., Tuesday, February 28, 2017, Room 2404, Lorraine H. Morton Civic Center, 2100 Ridge Ave., Evanston, IL 60201 Company Name City/State Total Base Bid Price Visu-Sewer, Inc Pewaukee, WI $266,737.85 Insituform Technologies USA, LLC (Digital)Chesterfield, MO $275,854.90 Kenny Construction Company Northbrook, IL $276,890.00 Hoerr Construction Company Peoria, IL $210,078.00 2017 CIPP Sewer Rehabiliation Contract A City of Evanston 127 of 432 Bid 17-15, 2017 CIPP Sewer Rehabilitation Contract A, M/W/EBE Waiver 03.13.2017 To: David Stoneback, Public Works Agency Director Lara Biggs, Bureau Chief – Capital Planning / City Engineer Paul Moyano, Senior Project Manager From: Tammi Nunez, Purchasing Manager Subject: 2017 CIPP Sewer Rehabilitation Contract A, Bid 17-15 Date: March 13, 2017 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 has established a 25% M/W/EBE subcontracting participation goal for general contractors. However, the 2017 CIPP Sewer Rehabilitation Contract A, Bid 17-15 precludes subcontracting opportunities. Therefore, a waiver is granted. CC: Martin Lyons, Assistant City Manager / CFO Memorandum 128 of 432 For City Council meeting of March 13, 2017 Item A3.13 Business of the City by Motion: Howard Street Theatre Architectural Services Contract Award For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager / Chief Financial Officer Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer Subject: Howard Street Theatre Architectural Services Contract Award (RFP 17-07) Date: March 13, 2017 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract to provide architectural services for the Howard Street Theatre with Ross Barney Architects, LLC (10 W. Hubbard, Chicago, IL) in the amount of $150,455. Funding Source: Funding for this project will be provided from Capital Improvement Program (CIP) Howard-Ridge TIF funds (Account 415.40.4116.62145 – 617016), which has an FY 2017 budget allocation of $1,400,000. The Howard Ridge TIF will issue debt and will pay the debt service costs for the architectural and construction costs for this project. Livability Benefits: Built Environment: Enhance public spaces Education Arts & Community: Incorporate art and cultural resources Background: On November 28, 2016, the City Council adopted resolution 71-R-16, directing the City Manager to negotiate and execute a Memorandum of Understanding (MOU) with Theo Ubique. This MOU commits the City to design and construct the new Howard Street Theatre based on a preliminary floor plan and cost estimate developed by Ross Barney Architects. Because of the significant change to the scope of the project, staff issued a new Request for Proposal (RFP 17-07) to provide architectural design and construction administration services for the new theater based on the Ross Barney preliminary floor plan. Memorandum 129 of 432 Analysis: The Request for Proposals (RFP) was advertised on Demandstar and the Chicago Tribune. Proposals were received on January 31, 2017. A total of six proposals were received as summarized below: Firm Address Cost Morris Architects Planners, Inc. 944 W. Huron, Chicago, IL $202,700.00 Muller + Muller, Ltd 700 North Sangamon, Chicago, IL $123,394.60 RATIO Architects, Inc. 30 W. Monroe Street, Suite 500, Chicago, IL $102,485.00 Ross Barney Architects 10 W. Hubbard, Chicago, IL $150,455.00 Studio Talo Architecture, Inc. 1234 Sherman Avenue, #202, Evanston, IL $148,400.00 Vasilko Architects and Associates 47 W. Polk Street, #300, Chicago , IL $118,400.00 Proposals were reviewed by the following staff: • Lara Biggs, Bureau Chief – Capital Planning / City Engineer • JacQuera Calvert, Purchasing Specialist • Stefanie Levine, Senior Project Manager • Martin Lyons, Assistant City Manager / Chief Financial Officer • Cindy Plante, Economic Development Specialist The initial scoring of the proposals was as follows: Selection Criteria Max Pts Morris Muller + Muller RATIO Ross Barney Studio Talo Vasilko Architects Firm Qualifications and Experience 25 23 20 19 23 18 17 Project Understanding 20 18 17 16 20 15 15 Cost 25 13 22 25 19 19 23 Willingness to Execute Agreement 10 10 2 5 10 5 10 Organization and Completeness of Proposal 10 10 10 10 10 9 7 M/W/EBE Participation 10 8 10 10 10 10 0 Totals 100 82 81 85 92 76 72 130 of 432 Staff selected the firms with the three highest scoring initial proposals to interview. Interviews were conducted with Morris, RATIO and Ross Barney. Following the interviews, the scores were modified as follows: Selection Criteria Max Pts Morris RATIO Ross Barney Pre-Interview Score (see above) 100 82 81 92 Interview Score 20 8 12 17 Totals 120 90 93 109 Based on the scoring, staff is recommending award of the contract to Ross Barney Architects. Ross Barney not only demonstrated a good understanding of the project, but they also consistently demonstrated ways to control construction budget while not compromising the final quality of the project. By soliciting new proposals through an open RFP process, staff verified that Ross Barney was submitting a proposal that was competitive in both quality and cost. Ross Barney is proposing to comply with the 25% M/W/EBE participation goal. A memo reviewing compliance with the City’s M/W/EBE program is attached. Legislative History: On 5/11/15, City Council adopted resolution 45-R-15 authorizing the City Manager to initiate a Request for Proposal process for a theater to lease City-owned property on Howard Street. This process identified Strawdog Theater Company as the preferred tenant, with Theo Ubique as a first runner-up. On 9/21/15, City Council authorized the City Manager to engage in an RFP process for architecture/design services for an amount up to $40,000. This process ultimately led to a contract award to Ross-Barney Architects for initial design work for the Howard Street Theater. On 11/9/15, City Council adopted resolution 102-R-15, authorizing the City Manager to execute a Memorandum of Understanding with Strawdog Theatre Company for the development and lease of two City-owned parcels at 717 Howard Street and 721-723 Howard Street. On 11/28/16, the City Council adopted resolution 71-R-16, directing the City Manager to negotiate and execute a Memorandum of Understanding (MOU) with Theo Ubique. Attachments: M/W/EBE Review Memo 131 of 432 RFP 17-07, Howard Street Theater, M/W/EBE Memo 03.13.2017 To:Martin Lyons, Assistant City Manager/CFO Lara Biggs, Bureau Chief – Capital Planning / City Engineer From:Tammi Nunez, Purchasing Manager Subject:Howard Street Theater, RFP 17-07 Date:March 13, 2017 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 recommendation for the Howard Street Theater project, RFP 17-07, Ross Barney Architects LLC total base bid is $150,455.00, and they will receive 82% credit for compliance towards the initial M/W/EBE goal. Name of M/W/EBE Scope of Work Contract Amount %MBE WBE EBE Ross Barney Architects 10 W. Hubbard Street Chicago, IL 60654 Architect Services Design $70,810.00 47%X Primera Engineering 100 South Wacker, Ste. 700 Chicago, IL 60604 Design Services $52,800.00 35%X Total M/W/EBE $123,610.00 82% Memorandum 132 of 432 For City Council meeting of March 13, 2017 Item A3.14 Business of the City by Motion: Howard Street Project Phase I Engineering Services Contract Award 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 Sat Nagar, P.E., Senior Project Manager Subject: Howard Street Corridor Improvement Project (RFQ 16-75) Engineering Services Contract Date: March 2, 2017 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract to provide Phase I Engineering Services for the Howard Street Corridor Improvement Project with Christopher B. Burke Engineering, Ltd. (9575 W. Higgins Road, Suite 600 Rosemont, IL 60018) in the amount of $289,820.70. Funding Source: This project will be funded from the City’s Capital Improvement Program (CIP) 2017 General Obligation Bonds (Account No. 415.40.4117.65515-417002), which has an FY 2017 budget of $300,000. Livability Benefits: Built Environment: Enhance public spaces; Provide compact and complete streets and neighborhoods Climate & Energy: Reduce greenhouse gas emissions Equity & Empowerment: Ensure equitable access to community assets Health & Safety: Promote healthy, active lifestyles Background: Howard Street is a major arterial street running east-west with the City of Evanston on the north side and the City of Chicago on the south side. Both Evanston and Chicago have jurisdiction on Howard Street, with Evanston owning the northernmost 60% of the right-of-way. The Howard Street corridor is adjacent to commercial and residential areas and has considerable pedestrian, bike, bus and vehicular traffic. The scope of the Howard Street Corridor Improvement Project is to address street resurfacing and streetscape improvements on Howard Street, from Dodge Avenue to Chicago Avenue. The scope will also include potential traffic signal modernization at two intersections: Howard/Asbury and Howard/Custer. Memorandum 133 of 432 The City applied and received $2.4 million in Surface Transportation Program (STP) federal funds from North Shore Council of Mayors for the Howard Street corridor improvement project. As part of the federal funding guidelines, a Phase I Engineering is required to determine the environmental impacts and develop a preliminary design of the proposed improvements. The federal funds may be used for Phase II Engineering (development of construction plans) and the construction. Construction is planned for 2019. Because of the shared jurisdiction, staff is under negotiation with the City of Chicago to complete the final construction as a joint program that addresses the entire street width in both jurisdictions. Chicago is not contributing funding towards this Phase I study, but is working to designate funding to assist with Phase II final design and construction to cover their fair share of the costs. The scope of work for this phase of the project includes data collection, topographic survey including underground utilities, public coordination, multi-modal analysis, developing alternate corridor improvements, preliminary cost estimate for the entire corridor including coordination with the City of Chicago. A detailed scope of services is attached to this memo. The Phase I Engineering is expected to be complete by December 31, 2017. Analysis: The City of Evanston issued a Request for Qualifications (RFQ) to provide Phase I Engineering, Phase II Design Services and Phase III Construction Engineering for the Howard Street Corridor Improvement Project. As part of federal guidelines, the consultant selection process is a Qualification Based Selection (QBS). Once the most qualified consultant is determined through the selection process, the cost of engineering services is negotiated. This process has been used on other federally funded projects, including Central Street Bridge, Sheridan Road/ Chicago Avenue Improvements, and the Bridge Street Bridge reconstruction project. While the RFQ reviewed qualifications for all three phases of engineering work, only Phase I is being awarded at this time. The submittals for Howard Street Corridor Improvement Project were reviewed based on qualifications & expertise, organization & completeness of proposal, M/W/EBE utilization and willingness to execute the required agreement. The proposals were reviewed by: • Lara Biggs – Bureau Chief Capital Planning & Engineering/City Engineer • Rajeev Dahal – Senior Project Manager - Transportation • Dan Manis, P.E. - Senior Project Manager • Sat Nagar, P.E. – Senior Project Manager • David Stoneback – Public Works Agency Director • Linda Thomas – Purchasing Specialist The proposals were rated and interviews were conducted with the top four firms. Including information from the interviews, the final scoring of the proposals is as follows: 134 of 432 The proposals were rated and an interview was conducted with the top four firms. Including information from the interview, the final scoring of the proposals is as follows: Firm Qualifications & Expertise (30%) Organization and Completeness of Proposal (45%) Willingness to Execute Evanston's Pro. Services Agreement (10%) M/W/EBE (15%) Total Score Accurate Group 14 21 10 15 60 Bowman Consulting 22 34 10 15 80 Christopher B. Burke Engineering 28 40 10 15 94 Ciorba Group 23 30 10 14 77 EJM Engineering 22 31 10 15 78 Greenberg Farrow 16 26 10 15 67 HLR Inc. 19 33 10 15 77 Jacobs 24 39 0 15 78 Knight Engineers 23 31 10 15 79 Millhouse Engineering 18 33 10 15 75 Patrick Engineering 27 35 5 0 67 Parsons Brinkerhoff 22 37 10 15 84 SdI Engr Corporation 18 14 10 15 57 Stanley Consultants 25 40 10 15 90 Thomas Engineering Group 20 31 10 15 76 Transystems 23 34 10 15 83 T.Y. Lin 24 28 10 15 77 Civiltech 27 41 10 15 92 Engineering Services Related to: Howard Street Corridor Project - RFQ 16-75 RFQ Evaluation Summary 135 of 432 Christopher Burke Engineering was selected as the best candidate to provide the engineering services. They have extensive experience with similar corridor projects with other municipalities. They also have previous experience of working with CDOT, IDOT and the City of Evanston, and their work has been satisfactory on previous projects. Staff is recommending award of Phase I Engineering services only at this time. After the Phase I Design Approval is obtained through IDOT, the Phase II Engineering services contract can be awarded. The federal funds are committed towards the phase II design engineering and phase III construction for this project. Christopher Burke Engineering is satisfying their M/W/EBE goal by having Altamanu (WBE), Fish Transportation Group (WBE), GSG Consultants (MBE) AND Metro Strategies (WBE) as subcontractors. The total value of the M/W/EBE subcontracted work is 35% of the total contract amount. The M/W/EBE schedule and a memo reviewing their compliance is attached. Attachments: Scope of Services M/W/EBE Participation Review Memo 136 of 432 CITY OF EVANSTON HOWARD STREET CORRIDOR IMPROVEMENT PROJECT CBBEL 1 PROJECT APPROACH & SCOPE OF SERVICESFEBRUARY 23, 2017 REVISION - PHASE I SCOPE OF SERVICES Based on our understanding of the project, the CBBEL team has developed the following Scope of Services to best guide the City of Evanston through this project. Task 1 – Project Initiation and Kick-off Meeting The CBBEL team will meet with City staff for a project initiation meeting to review/refine the scope of services and to develop an acceptable project schedule. The meeting will include introductions, expectations, priorities, and communication protocols. This task will also include a kick-off meeting with IDOT and CDOT to initiate the Phase I Study Task 2– Traffic Counts and Traffic Study Fish Transportation Group will perform 12 hour full classification counts of all of the signalized intersections along Howard Street between Dodge/California and Custer/Damen. These counts will include bikes and pedestrians. Additionally, CBBEL will obtain the existing signal timings for each of the signalized intersections listed above. This may include uploading the existing controller data base and/or manually reviewing the existing signal timings depending on the type of control equipment. CBBEL also believes it is necessary to perform a crash analysis of the project corridor and will therefore request the latest 5 years of crash data for the locations within the study area. Finally, CBBEL will perform peak period observations to qualitatively assess the existing traffic characteristics and operations. CBBEL will evaluate traffic patterns and overall traffic flow and will observe the interaction of buses, cars, pedestrians, bicyclists, and parking operations. Based on the traffic counts, CBBEL will perform a traffic study for the Howard Street corridor. The traffic study will include the following intersections: • Dodge/California at Howard Street • Asbury/Western at Howard Street • Ridge Avenue at Howard Street • Custer/Damen at Howard Street The traffic analysis will include a Syncro or Vissim analysis of the entire corridor for both the AM an PM peak hours. Once the traffic analysis is complete, CBBEL will prepare Intersection Design Studies (IDS) for the intersections of Asbury/ Western and Howard Street and Custer/Damen and Howard Street. This task will also consist of reviewing the existing on street parking operations and evaluate impacts to the on street parking caused by the proposed improvements. CBBEL will make recommendations regarding modifications to the on street parking as it relates to the proposed improvements. A safety assessment will be part of the traffic study and will consist of reviewing the crash history based on the data collected above and will assess the occurrences and locations of crashes with respect to the existing conditions. This will include identification of crash trends and a review of potential countermeasures to mitigate prevalent crashes. APPROACH We will meet with City staff to review and refine our proposed scope of work. In addition, CBBEL will review the limits of the study area and adjust our data collection efforts accordingly. We will also need to determine the best time of year to conduct the traffic and pedestrian/bicyclists counts as these can be impacted by adverse weather conditions and ongoing construction projects. This also applies to general observations and parking conditions. We will have our sub-consultant perform the traffic counts in early spring of 2017 most likely. This information will be supplemented with our own field reconnaissance of the project area. We will also obtain the existing traffic signal timings at key intersections in conjunction with this effort. CBBEL will develop a Synchro model for the project area for both existing and proposed conditions. A safety assessment will also be performed for the project area. We see the development of the final report as a collaborative effort with the City and key stakeholders. It will provide an executive summary of the overall traffic study. The report will include a description of existing conditions and proposed conditions, overall findings and recommendations as well as the technical analysis of traffic operations, parking and safety. 137 of 432 CITY OF EVANSTON HOWARD STREET CORRIDOR IMPROVEMENT PROJECT CBBEL 2 PROJECT APPROACH & SCOPE OF SERVICESINFORMATION FROM CITY Any existing roadway and traffic signal plans to supplement our data collection efforts. Also, if the City has an existing Synchro model that includes some or all of the project area. Previous traffic and/or pedestrian/bicycle counts for historical comparison. Traffic accident data for the past 5 years will be requested from the state. ISSUES TO BE CONSIDERED IN COMPLETION Scheduling of the data collection to avoid weather and construction impacts. Understanding emergency service operations and options. TEAM MEMBERS MICHAEL ZIEGLER, PE, PTOE will lead the overall traffic study effort. He has over 30 years of experience in traffic operations and analysis, including 20 years as the head of CBBEL’s traffic operations department. ELIZABETH JENSEN, PE will oversee the data collection and traffic operations analysis. She has over 15 years of experience in traffic engineering studies, traffic data collection and traffic operations analysis using Synchro. She has developed Synchro analysis for over 100 traffic engineering studies and signal coordination and timing studies (SCAT). TOM SZABO, TOPS, TSOS will perform the parking evaluation and traffic safety assessment. Tom has over 20 years of experience in general traffic operations and safety studies in the District 1 area. He has completed several Highway Safety Improvement Projects, including evaluating mitigation measures and performing cost benefit analysis. BOBBY GUNNELLS, EI will assist the project team with the overall traffic study. He has a broad range of experience with data collection requirements, Synchro analysis and crash analysis. Task 3 – Geotechnical Field Services, Soils Report, and Environmental Investigation and Certification: GSG Consultants, Inc. will be responsible for conducting all soils borings and testing as well as preparing the necessary soils report for the project. It is anticipated that approximately 2 soils borings per intersection will be obtained and tested. In addition, GSG will also determine if IEPA LPC 662 or 663 is applicable for uncontaminated soil certification. They will also prepare the applicable form and provide written certification of such. This task will be coordinated as part of CE processing as well as Phase II design engineering as applicable. Task 4 – Data Collection and Topographic Survey The CBBEL team will collect all available information from the City and other sources necessary for the project. The information will include: • Storm and Sanitary Sewer Atlases • Water System Atlases • Private Utility Atlases (ComEd, NICOR, AT&T) • Utility Information through the City of Chicago’s Board of Underground • Traffic Signal Plans for Corridor • Transit Routes Along the Corridor • The Accident History for the Previous Five Years for the Corridor • Prior Studies and Improvement Plans • Recent and Pending Adjacent Development Information CBBEL will perform a topographic survey of the project limits for the Howard Street project. The project limits are as follows: • Howard Street from 300’ west of Dodge/California to 300’ east of Custer/Damen; for a total distance of approximately 5,800’. • At signalized intersections 300’ north and south at Dodge/California, Asbury/Western, Ridge and Custer/Damen; for a total distance of approximately 2,400’. CBBEL understands that the survey limits are approximate and may change based on the final project limits; the approximate total length is 8,200’. The topographic survey will include the following scope items: • Twenty-five (25) foot grid spot elevations, spot elevations at all critical points (edge of pavement, face of curb, back of curb, etc.) and one foot contours of the entire site. All spot elevations shall be shown to 0.01 part of a foot. • Grades and lines of streets, alleys, pavements, curbs, adjoining property and structures and adjacent drainage. At a minimum, all adjacent streets and/or alleys shall be surveyed to their centerlines. 138 of 432 CITY OF EVANSTON HOWARD STREET CORRIDOR IMPROVEMENT PROJECT CBBEL 3 PROJECT APPROACH & SCOPE OF SERVICES• Locations, dimensions and necessary planimetric data to accurately delineate existing site improvements including furnishings and site features. • Approximate Locations and delineation of right-of-way lines and adjacent property lines. • Trees and shrub massings including notation of tree caliper and spot elevation at base of trunk. • Location of all existing public utility services and lines, above and below grade, including available invert elevations, rim elevations, pipe size and pipe orientation. In addition CBBEL will collect private utility information through the Joint Utility Locating Information for Excavators (J.U.L.I.E.) service and Chicago’s Board of Underground or by contacting utility providers and other affected agencies directly. The atlas information received through this process will be drafted into the base sheets developed from the information gathered from the survey. • All information on the Plat of Topography shall be referenced horizontally and vertically to a minimum of three (3) permanent site benchmarks. • All data shall be horizontally referenced to State Plane Illinois East NAD 1983 and vertically referenced to the City of Evanston’s datum. • Survey shall be prepared in electronic format, be suitable for digital modeling and be prepared in units of decimal / feet. • Utility data shall also be provided to the City in .shp file format for incorporation into the City’s GIS database. • The survey shall be signed and sealed by a land surveyor licensed in the State of Illinois. APPROACH CBBEL’s approach to the topographic survey will be to perform all research and collect all data before sending a crew into the field. The survey crew will then set all horizontal and vertical control prior to collecting the data described above. The downloaded survey will be checked and drafted and a draft of the existing conditions will be field checked by a Professional Land Surveyor. Final edits and all collected J.U.L.I.E. information will be drafted into the base files and submitted to the City for review. INFORMATION FROM CITY CBBEL will require utility GIS information, available as-built plans of utilities, streets, and signals within the project area and a letter on City letterhead for crews to carry while surveying City Rights of Way. ISSUES TO BE CONSIDERED IN COMPLETION Due to the detailed nature of the survey, it is not recommended that the survey be completed while snow and ice are present in the ROW. Snow/ice will obstruct and affect the accuracy of survey performed during this time. Additionally, the survey should be correlated to adjacent project surveys to assure that the datums are the same. TEAM MEMBERS The topographic survey will be overseen by JOHN MURPHY, PE, PLS. John has been with CBBEL for 17 years and has performed numerous surveys within the City of Evanston. (Sheridan Road, Fountain Square, to name a few). KEN RASMUSSEN is an IL PLS and will research and calculate all boundaries and property line information. Ken has been with CBBEL for 18 years and has prepared hundreds of Plat of Surveys and Plat of Highways for various clients. KC SCHLENKER and JIM SCHMIEDER will combine to develop the base sheets with KC performing the majority of the drafting and Jim coordinating with the various private utilities companies and drafting their horizontal locations into the sheets. Task 5 – Concept Design Based on all of the above tasks, the CBBEL team will provide three conceptual alternatives for the entire Howard Street corridor meeting the City’s goals as outlined earlier in our Understanding of the Project. The concept drawings will be prepared on roll plots at a scale of 1”=20’ and will be developed to meet the design criteria for federally funded projects. Concept typical sections will be developed concurrently. These concepts will be suitable for City review and for presentation to the public. More importantly, these concepts will be used to develop accurate project costs, determine fatal flaws and process pitfails, compare the pros and cons of each concept, and to develop a strategic implementation plan meeting the City’s schedule. The concepts, details, estimates, comparison, preferred alternative, and implementation plan will be provided to the City in a report format prior to proceeding with any detailed Phase I or Phase II Engineering. 139 of 432 CITY OF EVANSTON HOWARD STREET CORRIDOR IMPROVEMENT PROJECT CBBEL 4 PROJECT APPROACH & SCOPE OF SERVICESTask 5.1 – Public Outreach Metro Strategies will lead the community outreach process for this project. Due to several factors, this is a critical item for the successful completion of this project. As discussed in detail in the attached scope, Metro Strategies will: • Develop a Public Engagement Plan. • Conduct three Steering Committee Meetings. • Conduct two Stakeholder Committee Meetings. • Conduct an on line survey to seek broader community input. • Conduct a Public Information Meeting. A second Public Information Meeting may be conducted if necessary. • Create e-mails, newsletters and other announcements. • Provide content for Evanston’s website page. • Provide a final report summarizing the public outreach efforts. The above tasks will be carried out by Laura Wilkinson and Lissa Domoracki of Metro Strategies. Mike Kerr and/or Martin Michalowicz will also attend all public outreach meetings. Task 5.2 – Multi-Modal Analysis The multi-modal analysis will include an assessment of the street right-of-way, identifying how much space is devoted to sidewalks, transit facilities, vehicular travel lanes, bike facilities, and parking. To get a sense of the pedestrian experience, we will catalog the edge conditions of the roadway. Conducting an inventory of the curbside uses, including parking lots, driveways, and vacant property (as well as intact streetwalls) provides quantitative and qualitative information on the pedestrian experience. This analysis will result in recommended changes to improve multi-modal mobility, with particular focus on pedestrian facilities. Recommendations may include striped crosswalks, upgraded signals, pedestrian refuge islands, curb bump-outs, and signage. This analysis will also consider operational changes, such as parking regulations or bus stop relocations that might improve the overall operations of the street. Our team member, Stacey Meekins of Sam Schwartz will lead the multi-modal analysis. Task 5.3 – Parkway, Landscape and Lighting Concept Design The parkway and landscape concept design will be coordinated with the recent streetscape improvements made from Ridge Ave. to Howard Street CTA Station and these improvements to the roadway will include new sidewalk, curb and gutter, decorative lighting, community identifiers, tree and tree grates, planters and site furnishings (bike racks, benches and trash receptacles). The Concept Design will be developed for the entire corridor. It is anticipated that the existing streetscape elements will be extended from Ridge Avenue to at least Asbury/Western Avenue. In addition, CBBEL will perform a photometric study of the corridor and coordinate with the Cities of Evanston and Chicago to develop a lighting plan for the corridor that meets IDOT requirements. Our team member, Altamanu will lead the parkway and landscape design. APPROACH CBBEL will lead the concept design task with support from Metro Strategies, Sam Schwartz and Altamanu. After completion of the survey and various studies, the CBBEL Project Manager and Project Engineers will field check the topographic survey to verify the locations of critical features such as utilities, and other grade controlling features. We will begin by reviewing past planning efforts, including the Evanston Bike Plan, the Northwest Municipal Conference Bike Plan, and relevant City of Chicago plans that address Howard Street. Community meetings will be held to gather input from the community. Key CBBEL designers will be present to hear first- hand concerns voiced by various stakeholders. Concept drawings will be developed and presented to the City, various Boards, Committees, Council and/or the community. Once a preferred concept is reviewed and approved by the City, CBBEL will develop plans necessary to complete a project development report per IDOT’s Phase I requirements. 140 of 432 CITY OF EVANSTON HOWARD STREET CORRIDOR IMPROVEMENT PROJECT CBBEL 5 PROJECT APPROACH & SCOPE OF SERVICESINFORMATION FROM CITY CBBEL will require existing information. CBBEL also prefers disposing of plan comments in a meeting format rather than in writing. ISSUES TO BE CONSIDERED IN COMPLETION The biggest issue to be considered during the design and public outreach process is the project budget and schedule. Our team is committed to meeting both. TEAM MEMBERS The concept design will be managed by MICHAEL KERR, PE. Mike is Executive Vice President and has served as Principal in Charge for multiple Phase I Engineering studies of varying complexity for CDOT, IDOT, ISTHA, Counties and Municipalities. MARTIN MICHALOWICZ, PE will be CBBEL’s Project Engineer for the geometric concept layout. Martin has worked on a number of City of Evanston projects as well as streetscapes for the City of Chicago. Martin is also a resident of Evanston. All electrical work on the plan set will be performed by GERALD HENNELLY and DOUG KERR. Both have worked on two recent City of Evanston projects. Gerry has designed numerous lighting systems for complex streetscape lighting systems. The Metro Strategies task will be lead by LAURA WILKINSON. The multimodal analysis will be lead by STACEY MEEKINS of Sam Schwartz. The landscape task will be lead by JOSEPHINE BELLALTA and PHIL HUTCHINSON of Altamanu. Task 6 – Phase I Project Development Report and Phase II IDOT Agreements It is anticipated this project will be documented via a Phase I PDR, Group I Categorical Exclusion (IDOT-BLR Form 19100) with report. This task includes development of the PDR, and all supporting exhibits, for initial review by the City of Evanston, and ultimate review by IDOT and FHWA for Phase I Design Approval. After finalizing the project limits and exact scope of work, our team will determine if a report will be necessary with the BLR Form 19100. In addition to the usual elements of a PDR, CBBEL will develop preliminary water main replacement plans and the associated maintenance of traffic plans necessary to construct the water main along Howard Street between Ridge Avenue and Asbury Avenue. CBBEL will also prepare and process Phase II agreements with IDOT and City of Chicago. 141 of 432 142 of 432 143 of 432 144 of 432 145 of 432 146 of 432 147 of 432 148 of 432 149 of 432 150 of 432 151 of 432 152 of 432 153 of 432 154 of 432 155 of 432 156 of 432 157 of 432 RFQ 16-75, Howard Street Improvement Project, M/W/EBE Memo 03.13.2017 To: David Stoneback, Public Work Agency Director Lara Biggs, Bureau Chief – Capital Planning / City Engineer Sat Nagar, P.E., Senior Project Manager From: Tammi Nunez, Purchasing Manager Subject: Howard Street Corridor Improvement Project, RFQ 16-75 Date: March 13, 2017 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 recommendation for the Howard Street Corridor Improvement Project, RFQ 16-75, Christopher Burke’s total base bid is $289,820.70, and they will receive 35.5% credit for compliance towards the initial M/W/EBE goal. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Altamanu Inc. 1700 Irving Park Road, # 202 Chicago, IL 60613 Landscape Design $25,000.00 8.6% X Fish Transportation Group 801 South Blvd., Suite 5 Oak Park, IL 60302 Transportation Planning $5,000.00 1.8% X GSG Consultants 855 W. Adams Street, #200 Chicago, IL 60607 Construction Management $26,075.00 8.9% X Metro Strategies, Inc. 526 Crescent Blvd, #314 Glen Ellyn, IL 60137 Public Affairs Consulting $46,990..00 16.2% X Total M/W/EBE $103,065.00 35.5% CC: Martin Lyons, Assistant City Manager/CFO Memorandum 158 of 432 For City Council Meeting of March 13, 2017 Items A3.15 and A4 Resolution 23-R-17: Regarding Northwestern University Voluntary Financial Contribution; Reimbursement of Funds to Evanston School Districts For Action For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Michelle L. Masoncup, Deputy City Attorney Subject: Report Regarding Northwestern University’s Voluntary Annual Payments Referenced in its January 31, 2017 letter to the City; Resolution 23-R-17 Regarding Reimbursement of Funds to Evanston School Districts Date: March 13, 2017 Recommended Action: Staff recommends City Council: (a) receive this report regarding a recent Northwestern University (NU) property acquisition of 1840 Oak Avenue and a status report on the remaining properties owned by Northwestern in the Research Park; and (b) adopt Resolution 23-R-17 memorializing the City’s commitment to reimburse Evanston/Skokie School District 65 and Evanston Township High School District 202 their respective shares of Northwestern University’s voluntary annual payments to the City. Livability Benefits: Built Environment – Enhance Public Spaces and Provide a Stable Property Tax Base Summary: A. Property Status Report on 1840 Oak Following Alderman Fiske’s Aldermanic reference requesting City staff to evaluate NU’s purchase of real property in the Research Park district (1840 Oak Avenue), City staff conducted a review of the voluminous record of transactions and City ordinances from the 1980’s to the early 2000s regarding the Research Park district. To recap, on March 24, 1988, a Declaration of Covenants, Conditions, and Restrictions for the Northwestern University/Evanston Research Park (“CCR”) was executed and recorded that set forth specific covenants and restrictions regarding future development for a specific area. The parties to the CCR are TOPCORP, Inc., Northwestern University, and Research Park, Inc. Section 5.3 of the CCR states in pertinent part: Memorandum 159 of 432 Consent Required for Certain Transfers, “Without the prior written consent of the City, no portion of the Property (other than Parcel 14) shall be sold, conveyed, leased or otherwise disposed of to a tax exempt entity..”. On May 26, 2000, a Partial Termination of the CCR was executed by a successor entity to TOPCORP. The Partial Termination specifically authorized the removal of Parcel 2/1840 Oak (11-18-112-040-0000; 11-18-112-042-0000; and 11-18-112-005-0000) from the restrictions contained within the CCR. Attached is a copy of the recorded Partial Termination. Northwestern University’s recent purchase of 1840 Oak did not violate the terms of the CCR because in 2000, this Parcel was removed from the restrictions contained with the 1988 CCR. Staff recently met with our counterparts in Northwestern’s General Counsel’s office, and engaged in a productive dialog regarding these matters. Remaining Northwestern Owned Properties in Research Park The rest of the Northwestern University properties within the Research Park area are identified in the attached map. Properties that are Tax Exempt 1. 906-910 University Place (11-18-118-009-0000): Owned by NU at the time of CCR’s execution (Parcel 13). No change in use since the CCR was put in place. This property is .87 acres in size If the University sought to sell this parcel, the CCR is still operative and requires the City’s consent prior to any sale. 2. Surface parking lot at corner of University Place and East Railroad Avenue (11-18- 117-006-0000): Referred to as Parcel 7 in CCR Conveyed by the City to Northwestern University in 1999 This property is 1.37 acres If the University sought to sell this parcel, the CCR is still operative and requires the City’s consent prior to any sale. Paying Property Taxes 3. 1801 Maple Avenue (11-18-118-008-8001) Owned by NU at the time of CCR’s execution (Parcel 14); Underlying land is still owned by Northwestern and tax exempt; but The commercial businesses within the building pay property taxes; total taxes paid by the four businesses in 2015 were $124,421. B. Resolution 23-R-17 Northwestern Voluntary Contribution and School District Reimbursement In a letter dated January 31, 2017, the Universit y indicated that it was acquiring three properties (630 Clinton, 2522 Orrington, and 1840 Oak). In that letter, the University indicated it would commit to making annual voluntary payments each December in the 160 of 432 amount of $350,000 to the City. While not explicitly stated in the letter, this payment amount roughly corresponds with the property taxes that would otherwise be payable by a taxable entity or individual. The estimated tax amount for 2016 for the three properties totals $317,253. 1. 630 Clinton (not in Research Park) (05-35-410-020-0000) paid $26,096 2. 2522 Orrington (not in Research Park) (11-07-105-016-0000) paid $15,743 3. 1840 Oak (in Research Park) (11-18-112-040-0000) paid $275,413 Resolution 23-R-17 memorializes the City’s commitment to allocate and reimburse District 65 and District 202 funds that are commensurate in dollar value to the revenue received from Northwestern from the annual $350,000 voluntary payments to the City. The City will distribute District 65 and District 202’s proportionate share according to the taxing rate. The Resolution also directs staff to prepare a Memorandum of Understanding with the Districts concerning this subject and to return to Council with a related Ordinance. Attachments: Current Map of Northwestern University owned properties in Research Park May 31, 2000 Partial Termination of Covenants, Conditions and Restrictions and Easements for Northwestern University/Evanston Research Park Resolution 23-R-17 161 of 432 110911139069101119 110310231121 1889 1117 1001 1840 110910211880 1001103310291122110511151027101910251025 1/29001800 1755 1745 1741 1801 1725 1818 1720 1710 1706 1704 1735 1765 1720 1740 1718 18901881101010121014101610181020102210241026102810301032 1880 1874 9069101840 1801 Surface Parking Lot Emerson St Maple AveElgin Rd University Pl Clark St OakAveUniversity Pl Clark StOak AveE a st R ailro a d A v e 11-18-112-040-0000 11-18-117-006-0000 11-18-112-042-0000 11-18-112-005-0000 11-18-118-008-8001 11-18-118-009-0000 Northwestern parcel Other parcel Building Railroad010020030050Feet ´ Northwestern University property in the Research Park NUParcelsInRP.mxd - 3/6/2017 - This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information.162 of 432 163 of 432 164 of 432 165 of 432 166 of 432 167 of 432 168 of 432 169 of 432 170 of 432 171 of 432 172 of 432 2/23/2017 23-R-17 A RESOLUTION Affirming the City of Evanston ’s Commitment to Reimburse Evanston/Skokie School District 65 and Evanston Township High School District 202 of Their Respective Shares of Northwestern University’s Payment in Lieu of Taxes WHEREAS, Northwestern University is the owner of real property located at 1840 Oak Avenue, 2522 Orrington Avenue, and 630 Clinton Place (collectively, the “Properties”); and WHEREAS, the Properties lie within the following taxing districts: the City of Evanston (“City”), Evanston/Skokie School District 65 (“District 65”), and Evanston Township High School District 202 (“District 202”) (collectively, the “Taxing Entities”); and WHEREAS, due to Northwestern University’s acquisition of the Properties as a tax-exempt entity, the Properties are exempt from paying property taxes to the Taxing Entities; and WHEREAS, to protect and preserve City revenues stemming from property taxes, Northwestern University agrees to make annual voluntary payments in lieu of taxes (“PILOT Payments”) to the City on behalf of all taxing entities in the amount of three hundred fifty thousand dollars ($350,000.00) per year for the Properties; and 173 of 432 23-R-17 ~2~ WHEREAS, the City agrees to process and pay District 65 and District 202 their respective shares of PILOT Payments from Northwestern University; and WHEREAS, the City Council wishes to commit to and memorialize in writing the reimbursement to District 65 and District 202 in a Memorandum of Understanding and corresponding Ordinance to be adopted at a subsequent City Council date; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Manager is hereby authorized to execute a Memorandum of Understanding between the City, District 65, and District 202 in relation to the distribution of the annual PILOT Payments from Northwestern Universities for the real properties located at 1840 Oak Avenue, 2522 Orrington Avenue, and 630 Clinton Place, Evanston Illinois, as approved by the Corporation Counsel and adopted as a subsequent Ordinance by the City Council. SECTION 2: That this Resolution 23-R-17 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2017 174 of 432 For City Council Meeting of March 13, 2017 Item A5 Resolution 24-R-17: MFT Funds for Road Construction 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 Dan Manis, P.E., Senior Project Manager Subject: Resolution 24-R-17 Motor Fuel Tax Funds Use for Roadway Construction Date: March 13, 2017 Recommended Action: Staff recommends City Council adoption of Resolution 24-R-17 authorizing the City Manager to sign an Illinois Department of Transportation Resolution for Improvement by Municipality under the Illinois Highway Code for Improvements to Various Evanston Streets. This will allow the use of Motor Fuel Tax (MFT) Funds in the amount of $1,400,000 for street resurfacing. Funding Source: Funding will be provided from the Motor Fuel Tax Fund (Fund 200), which has a total FY 2017 budget allocation of $1,391,000 and charged to account 415.40.4217.65515 – 417004. Livability Benefits: Built Environment: Enhance public spaces; Promote diverse transportation modes Background Information: The City’s Street Resurfacing Program is funded through the MFT Fund and through the Capital Improvement (CIP) Fund. It is proposed that seven streets be improved in FY 2017 through the use of the MFT Fund. The proposed contract work consists of curb and sidewalk ramp replacement as needed, grinding/milling of the existing street surface, base repairs, adjustment of drainage/utility structures, asphalt street resurfacing and related incidental construction. The Capital Planning & Engineering Bureau staff has completed the design of these street resurfacing projects. This resolution is an annual occurrence required by the Illinois Department of Transportation to initiate an MFT funded project. The purpose of the resolution is to Memorandum 175 of 432 declare the City’s intent to appropriate the MFT funds for this use. The streets included in the 2017 MFT Resurfacing project are listed below. 2017 MFT Street Resurfacing Project Street From To Cowper Avenue Grant Street Harrison Street Dobson Street Hartrey Avenue Grey Avenue Grey Avenue Foster Street North End Hinman Avenue Kedzie Street Main Street Livingston Street Green Bay Road Broadway Avenue South Boulevard Asbury Avenue Ridge Avenue Wesley Avenue Dempster Street Grove Street With City Council approval of this resolution, staff will bid the MFT Street Resurfacing Project and bring back the recommendation to award the construction contract in late April 2017. It is anticipated that construction will begin in late May 2017. Attachments: Resolution 24-R-17 2017 MFT Resurfacing Location Map 176 of 432 3/1/2017 24-R-17 A RESOLUTION Authorizing the City Manager to Sign an Illinois Department of Transportation Resolution for Improvement by Municipality under the Illinois Highway Code for Improvements to Various Evanston Streets WHEREAS, in order to facilitate the free flow of traffic and insure safety to the motoring public, the City of Evanston and the Illinois Department of Transportation (“IDOT”), are desirous of entering into an Illinois Department of Transportation Resolution for Improvement by Municipality under the Illinois Highway Code, a copy of which is attached hereto and incorporated herein as Exhibit 1, for improvements to various streets within the City of Evanston; and WHEREAS, said roadway improvements consist of curb repairs, sidewalk curb ramp replacement, pavement base patching, drainage/utility structure adjustment, asphalt grinding and resurfacing, and parkway restoration and related collateral work; and WHEREAS, it is necessary for the City Manager to execute the IDOT Resolution for Improvement by Municipality Under the Illinois Highway Code, allocating a portion of the City’s Motor Fuel Tax funds in the principal amount of One Million Four Hundred Thousand and no/100 Dollars ($1,400,000.00) to pay for said street improvements; and WHEREAS, the City Council has determined that it is in the best interests of the City to execute the aforementioned resolution for certain street improvements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: 177 of 432 24-R-17 ~2~ SECTION 1: That the City Manager is hereby authorized to sign and the City Clerk is hereby authorized to attest to the Resolution for Improvement by Municipality under the Illinois Highway Code between the City of Evanston and IDOT, attached hereto as Exhibit 1. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional conditions with IDOT for the City roadway construction using the City’s Motor Fuel Tax Funds. SECTION 3: That this Resolution 24-R-17 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2017 178 of 432 24-R-17 ~3~ EXHIBIT 1 Resolution for Improvement by Municipality Under the Illinois Highway Code 179 of 432 Printed 3/1/2017 BLR 09111 (Rev. 11/06) Resolution for Improvement by Municipality Under the Illinois Highway Code BE IT RESOLVED, by the Council of the Council or President and Board of Trustees City of Evanston Illinois City, Town or Village that the following described street(s) be improved under the Illinois Highway Code: Name of Thoroughfare Route From To Cowper Avenue Grant Street Harrison Street Dobson Street Hartrey Avenue Grey Avenue Grey Avenue Foster Street North End Hinman Avenue Kedzie Street Main Street Livingston Street Green Bay Road Broadway Avenue South Boulevard Asbury Avenue Ridge Avenue Wesley Avenue Dempster Street Grove Street BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of curb repairs, sidewalk curb ramp replacement, pavement base patching, drainage/utility structure adjustments, asphalt grinding and resurfacing, parkway restoration and rel ated collateral work. and shall be constructed various wide and be designated as Section 17-00280-00-RS 2. That there is hereby appropriated the (additional Yes No) sum of one million four hundred thousand Dollars ( 1,400,000 ) for the improvement of said section from the municipality’s allotment of Motor Fuel Tax funds. 3. That work shall be done by contract ; and, Specify Contract or Day Labor BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation. Approved I, Clerk in and for the City of Evanston City, Town or Village County of Cook , hereby certify the Date foregoing to be a true, perfect and complete copy of a resolution adopted by the Council Council or President and Board of Trustees Department of Transportation at a meeting on Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of Regional Engineer (SEAL) Clerk City, Town, or Village Clerk 180 of 432 NORTH SHORE CHANNELNORTH SHORE CHANNELLAKEMICHIGANMcCORMICK BLVDS H 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 S T 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 RO S L Y N PL 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 170035002600170018009001900900210023002100400380037002017 MFT LOC MAP.MXD 02-20-2017 2017 MFT Street Resurfacing Project17-00280-00-RS City of Evanston Public Works Agency PROJECT LOCATIONS This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. ´ Main Road Local Street Railroad Water City Boundary 0 0.25 0.5 0.75 10.125 Miles 181 of 432 For City Council Meeting of March 13, 2017 Item A6 Ordinance 23-O-17, Lease of City-Owned Property to Theo Ubique For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Johanna Leonard, Economic Development Division Manager Cindy Plante, Economic Development Specialist Subject: Ordinance 23-O-17, Lease of City-Owned Property Located at 721-723 Howard Street to Theo Ubique Date: March 10, 2017 Recommended Action: Staff recommends that City Council adopt Ordinance 23-O-17, authorizing the City Manager to execute a lease of City-owned real property located at 721-723 Howard Street with Theo Ubique. A two-thirds majority of City Council is required to adopt Ordinance 23-O-17. Livability Benefits: Jobs & Economy: Expand job opportunities Education, Arts & Community: Incorporate arts and cultural resources, support social and cultural diversity Summary: Theo Ubique was selected as the tenant for a theater to be constructed on City-owned property at 721-723 Howard Street as a result of a competitive RFP process conducted in 2015. Currently located in Chicago’s Rogers Park neighborhood, Theo Ubique produces musical theater productions in an intimate cabaret setting. Recent productions include shows such as Rent and Jesus Christ Superstar. In accordance with City Code, public notice of the City’s intent to lease the property was placed in the Evanston Review during the week of March 6, 2017 (publication date of March 9, 2016). Public notice of a lease of City-owned property is required to be published at least once in a daily or weekly newspaper in general circulation in the City. The public notice must be published not less than 15 days and no more than 30 days prior to the date by which the City will consider the adoption of the ordinance for the disposition of the property. For this notice, it was published 18 days prior to the consideration of the approval of the lease (which is scheduled to occur at the March 27, 2017 City Council meeting). Memorandum 182 of 432 In 2016, City Council approved moving forward with lease negotiations with Theo Ubique as part of adoption of Resolution 71-R-16, “Authorizing the City Manager to Execute a Memorandum of Understanding for the Future Development of City-Owned Property at 721-723 Howard Street”. A draft lease has been developed based on the proposed terms contained in the 2016 MOU. Under the attached lease, Theo Ubique would lease the property at 721-723 Howard Street for use as a cabaret theater. Major points of the lease include: • The City would retain ownership of the property, and tenant would be responsible for rent, utilities, maintenance, and any applicable property tax. The City would inspect annually to ensure the property is well-maintained. • The lease would be for ten years and includes four, five-year options for additional lease periods. • Rent is proposed to be $3,500 per month or $42,000 annually ($11.50 per square foot based on 3,663 square feet of building) for the first three years. Monthly rent for years four and five will be $4,500 a month ($14.75 per square foot). After year five, future rent increases will be determined based on the consumer price index (CPI). Theo Ubique has agreed to this rent schedule as presented in the lease. • Subject to future City Council approval, the tenant would have the ability to purchase the property in year twenty. No rent paid prior to that time would be credited toward the purchase of the property; no investments made by the tenant to the property will be treated as credits toward a future purchase. The purchase price of the property would be based on the appraised value of the property at time of sale/purchase and approval and authorization by the City Council at that point in time. • Theo Ubique will make six payments totaling $204,450 to the City to cover a portion of the costs associated with renovating the building at 721-723 Howard Street. Legislative History: The City Council approved Resolution 71-R-16, authorizing the City Manager to enter into a memorandum of understanding with Theo Ubique at the November, 28 2016 City Council meeting by vote of 8-1. Attachments: Ordinance 23-O-17, with draft lease 183 of 432 2/16/2017 23-O-17 AN ORDINANCE Authorizing the City Manager to Execute a Lease of City-Owned Real Property Located at 721-723 Howard Street with Theo Ubique Theatre WHEREAS, the City of Evanston owns certain real property located at 721-723 Howard Street, Evanston, Illinois 60202, which is improved with a single story 3,545 square foot building (the “Property”); and WHEREAS, On November 28, 2016, the City Council approved Resolution 71-R-16 authorizing a memorandum of understanding between the City and Theo Ubique Theatre, an Illinois not-for-profit corporation, which sets forth terms for a lease agreement and development of the Property as a community theater opportunity; and WHEREAS, the Parties have negotiated a long-term lease of the Property as a community theater; and WHEREAS, the City Council has determined that the Property is not necessary to City operations and leasing the Property to Theo Ubique Theatre is in the City’s best interests, 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 fact and incorporated herein by reference. SECTION 2: Pursuant to Subsection 1-17-4-1 of the Evanston City Code of 2012, as amended (the “City Code”), the City Manager is hereby authorized and 184 of 432 23-O-17 ~2~ directed to execute, on behalf of the City of Evanston, a long term lease agreement with an initial term of ten (10) years with four (4), five (5)-year options to renew the lease agreement, between the City of Evanston and Theo Ubique Theatre, as tenant. The Lease Agreement shall be in substantial conformity with the Lease Agreement attached hereto as Exhibit “1” and incorporated herein by reference. SECTION 3: Pursuant to City Code Subsection 1-17-4-2-(B)-3, Notice of Intent to Lease Certain Real Estate by Negotiation was published in the Evanston Review, a newspaper in general circulation in the City, on March 9, 2017. Said publication was neither less than fifteen (15) nor more than thirty (30) days before the date on which the City Council considered adoption of this ordinance authorizing the City Manager to execute lease of the Subject Property. SECTION 4: Pursuant to Subsection 1-17-4-2-(B) of the Evanston City Code, 2012, as amended (the “City Code”), an affirmative vote of two-thirds (⅔) of the elected Aldermen is required to accept the recommendation of the City Manager on the lease agreement authorized herein. SECTION 5: 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 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 185 of 432 23-O-17 ~3~ SECTION 7: 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 8: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Ayes: ______________ Nays: ______________ Introduced:_________________, 2017 Adopted:___________________, 2017 Approved: __________________________, 2017 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 186 of 432 23-O-17 ~4~ EXHIBIT 1 LEASE AGREEMENT 187 of 432 49817532v4 LEASE between Theo Ubique Theatre an Illinois not-for-profit corporation as Tenant and CITY OF EVANSTON An Illinois municipal corporation, as Landlord 721 Howard Street EVANSTON, ILLINOIS 60202 188 of 432 TABLE OF CONTENTS 1. PROPERTY .................................................................................................................................. 1 2. TERM ............................................................................................................................................. 1 3. RENT ............................................................................................................................................. 2 4. CONSTRUCTION ...................................................................................................................... 3 5. FIXTURES .................................................................................................................................... 4 6. USE OF PREMISES .................................................................................................................... 4 7. MAINTENANCE ........................................................................................................................ 5 8. PAYMENT OF TAXES ............................................................................................................. 6 9. DAMAGE AND DESTRUCTION ......................................................................................... 7 10. INSURANCE ................................................................................................................................ 8 11. INDEMNIFICATION ............................................................................................................... 9 12. Omitted......................................................................................................................................... 10 13. UTILITIES .................................................................................................................................. 11 14. COVENANTS AGAINST LIENS ......................................................................................... 11 15. ASSIGNMENT AND SUBLETTING .................................................................................. 12 16. NOTICES .................................................................................................................................... 12 17. RIGHT TO GO UPON PREMISES ..................................................................................... 12 18. DEFAULT ................................................................................................................................... 13 19. SIGNS .......................................................................................................................................... 14 20. REPRESENTATIONS AND WARRANTIES .................................................................... 14 21. HOLDING OVER; END OF TERM ................................................................................... 16 22. EXPENSES OF ENFORCEMENT ...................................................................................... 16 23. SUCCESSORS IN INTEREST ............................................................................................... 16 24. REMEDIES ARE CUMULATIVE ........................................................................................ 16 25. QUIET POSSESSION .............................................................................................................. 16 26. ALTERATION ........................................................................................................................... 17 27. HAZARDOUS SUBSTANCES ............................................................................................... 17 28. GENERAL CONDITIONS .................................................................................................... 18 29. SUBORDINATION .................................................................................................................. 20 189 of 432 3 L E A S E THIS LEASE AGREEMENT is made by and between CITY OF EVANSTON (“Landlord”), an Illinois municipal corporation and THEO UBIQUE, an Illinois not-for-profit corporation. (“Tenant”). W I T N E S S E T H: 1. PROPERTY (a) Property. Landlord is the fee simple owner of certain real property at 721-723 Howard Street, Evanston, Illinois 60202, legally described in Exhibit “A” attached hereto and incorporated herein (the “Property”). The Property has a total of approximately 5,001 square feet of land, improved with a 3,545 square foot one-story building (“Building”). Landlord does hereby lease the Premises to Tenant, for Tenant’s exclusive use and control, together with all appurtenances thereto, pursuant to the terms and conditions of this Lease. During this Lease Term, the Property and Building will be collectively referred to as “Premises”. (b) Parking. This Lease does not include the exclusive use of any off-street parking. 2. TERM (a) Primary Term. Subject to the provisions of this Lease, the “Primary Term” must be for 10 years (120 months) and must commence on the ____ day of _______ 2017 (“Commencement Date”) and must end at 11:59 p.m. on the _____ day of _________ 2027, except as otherwise terminated as provided herein. (b) Extended Lease Terms. Provided Tenant is not otherwise in default beyond any applicable cure period, replaced or otherwise amended such that Tenant is still permitted to conduct the Permitted Use from the Premises, Tenant is granted four (4) options (individually, a “Lease Extension Option”), for successive periods of five (5) years each (each an “Extension Term”) upon the same terms, covenants and conditions as herein provided. Each Lease Extension Option must be exercised by Tenant delivering to Landlord written notice of such election, not less than one hundred twenty (120) days prior to the expiration of the then current term. The exercise by Tenant of any one Lease Extension Option must not be deemed to impose upon Tenant any duty or obligation to renew for any further period of time, and that the exercise of any Lease Extension Option must be effective only upon the giving of notice of extension in accordance with the foregoing provisions. The Primary Term together with any Extension Term(s) is referred to herein collectively as the “Term”. (c) Option to Purchase. (i) Option to Purchase. Tenant initially is a Tenant of the Property which is owned by Landlord. As such, Tenant's monthly payments are rental payments and will not be applied to the Purchase Price if Tenant exercises the option to purchase described herein. Tenant has an option to purchase the Building and the Property at end of the twentieth (20th) year of the Lease, so long as the Tenant is in compliance with the terms of this Agreement at the end of the Primary Term and at any time during any Extension Terms (the “Option to Purchase”). Tenant must submit written 190 of 432 4 notification to Landlord that it intends to exercise the Option to Purchase within one hundred and twenty (120) days of expiration of the Primary Term. The provisions of this Lease relating to taking the Property “As Is” (§ 20(xiii)) and waiver of claims arising under Environmental Laws (§27(d)) shall be a condition of purchase and shall survive closing. (ii) Purchase Price. The purchase price of the Building will be a negotiated price between the Parties, with each Party relying on its own research and valuations, including appraisal(s) of the Building and Property. If the Parties cannot agree upon a purchase price, then: (a) each Party shall select its own appraiser; (b) the Parties’ appraisers shall select a third appraiser; (c) each of the three appraisers shall render an appraisal of the fair market value of the combined Building and Property; and (d) the purchase price will be the middle appraised fair market value minus 10%, to account for the value that Tenant invested in the Property after 20 years of tenancy and the tenant must not be in default of any major Lease terms. A closing will occur upon the Parties executing a purchase and sale contract (“Building and Property Purchase Agreement”) and the subsequent payment of the Purchase Price at a Closing. Tenant will not be given credit towards the purchase price for the rental payments made to Landlord. (iii) Delinquencies. Should the Tenant have incurred delinquencies in paying rent with Landlord, the Tenant must pay-off those delinquencies prior to any offer to exercise its Option to Purchase. (iv) No Obligation to Purchase. Tenant is under no obligation to purchase the Building and has the right to continue under the terms of this Agreement as Tenant/renter for the balance of the Term. However, if the Tenant fails to exercise the option at the conclusion of the Primary Term or any Extension Term, the Option to Purchase must expire. (v) Sale to Third Parties. If Landlord sells the Property to a third party which has no legal affiliation to the Tenant, as a condition of sale, the new purchaser agrees to be bound by the terms of this Agreement and must have no right to evict Tenant, to vary the terms of this Agreement or to terminate this Lease under any terms other than those contained herein. The third party must stand in the shoes of Landlord and must honor all obligations of Landlord and all rights of Tenant as provided for herein. (e) Should Tenant not exercise its Option to Purchase, then Tenant may remove from the Property any non-fixed improvements materials, equipment, mechanics, appliances, and machinery related to the operation of theatre, but must not include the removal of a HVAC unit. Prior to the removal, the Landlord must review the list of items subject to the removal to ensure that the list does not include any items which are affixed to the Property. 3. RENT (a) Fixed Minimum Rent. Commencing on the Commencement Date, and subject to the terms of this Lease, Tenant agrees to pay to Landlord for lease of the Premises: (i) Fixed Minimum Rent (herein so called) described below; and (ii) all other charges due from Tenant to Landlord hereunder as “Additional Rent” (herein so called). (i) Initial Fixed Minimum Rent. The term “Lease Year,” as hereinafter used, refers to each successive twelve-month period beginning with the Lease Commencement Date. For Lease 191 of 432 5 Years One, Two, and Three, Tenant must pay to Landlord the sum of Forty-Two Thousand ($42,000) per year in monthly installments of Three Thousand Five Hundred no/100 Dollars ($3,500). For Lease Years Four and Five, Tenant must pay to Landlord the sum of Fifty-Four Thousand ($54,000) in monthly installments of Four Thousand Five Hundred and no/100 Dollars ($4,500). For every subsequent Lease Year, the annual rent shall be increased in an amount equal to the Consumer Price Index for that Lease Year. The rent specified in this paragraph 3(a)(i) as adjusted pursuant to paragraph 3(a)(ii) below must be deemed “Fixed Minimum Rent” for purposes of this Lease. (ii) Fixed Minimum Rent Adjustments. The Fixed Minimum Rent set forth in Section 3(a)(i) above must be adjusted at the beginning of each year during the Primary Term and during the Extension Term years, if applicable, in an amount equal to the Consumer Price Index for that year. In no event must adjustments be made based on Tenant’s improvement of the Property. (iii) Late Fee and Interest. In the event any sums required hereunder to be paid are not received by Landlord on or before the date the same are due, then, Tenant also owes Landlord a late fee of $25 per day. In addition, interest must accrue on all past due sums at an annual rate equal to the lesser of six percent (6.0%) per month and the maximum legal rate. Such interest must also be deemed Additional Rent. (b) Time and Place of Payment. Tenant must pay to Landlord Fixed Minimum Rent in advance, in equal monthly installments, and without prior notice, setoff (unless otherwise expressly permitted herein) or demand, except as otherwise specifically provided herein, on or before the fifth (5th) day of each calendar month during the Term hereof to: City of Evanston Attn: Finance Division 2100 Ridge Avenue, Room 4500 Evanston, IL 60201 4. CONSTRUCTION (a) Landlord Improvements: Landlord shall construct all renovations as depicted in the site plan attached as Exhibit B (the “Project”). The parties agree that certain improvements to Property are necessary to bring the property to a “Vanilla Box” standard for a theatre, including updating the masonry, electrical system, HVAC system, and plumbing. (i) The Parties estimate the total cost of landlord improvements at $1,756,058 (One Million Seven Hundred Fifty-Six Thousand Fifty-Eight and no/100 Dollars) (“Project Cost”). Tenant’s portion of the Project Cost is $204,000 as more fully detailed in Section 12(b) below. The Project Budget is attached as Exhibit C. (ii) Subject to the availability of funding, Landlord expects to commence construction in January 2018 and deliver the Property for Tenant to occupy on December 1, 2018. Following construction, Tenant accepts the Premises in an As-Is Condition and the Landlord issues no warranty to Tenant for the improvements complete. The build-out will include construction of the following major uses that include theatre, prep kitchen, and basement space as follows: 192 of 432 6 • 3,663 square feet of main stage theatre space, including dressing room area, restrooms, warming kitchen, and bar area (at-grade); • 750 square feet of basement space; (iii) The Parties hereby acknowledge the construction of the Project improvements by the City and selects the City, and its contractors and subcontractors, to construct or cause the construction of the Howard Street Theatre in accordance with the Floor Plan and this Lease. The Project improvements shall be performed in accordance with all applicable laws, ordinances, rules and regulations. (iv) The Project improvements will be performed with a contract between the City and the City’s contractors; Theo Ubique will not be a party to the construction contract(s). Theo Ubique acknowledges and agrees that City’s plans for Project improvements to the Property, as set forth in the Concept Floor Plan have been submitted to and approved by Theo Ubique. Theo Ubique may further review and suggest reasonable modifications to the Site Plan and provide comment and direction subject to the funding contemplated in this agreement. (v) Promptly after substantial completion of the Project, the City will apply for and receive a Temporary Certificate of Occupancy from the City Building & Inspection Services Division. After the Temporary Certificate of Occupancy is issued Theo Ubique may occupy the Property to commence the uses contemplated herein. (vi) The Parties will cooperate to select certain improvements and fixtures such as stage lighting, sound equipment, and theatre seats that will serve the needs of the performance space. The City will not pay for any improvements over the Project Cost. Tenant is responsible for any improvement cost beyond the budgeted Project Cost. Tenant is also responsible for any remaining furniture, equipment and fixtures, including but not limited to tables, chairs, desks, computers, and shelves. (c) Tenant Fundraising Obligation: Tenant must remit a total of $204,450 (Two Hundred Four Thousand Four Hundred Fifty and no/100 Dollars) to Landlord for a portion of the Renovation Cost. If Tenant is unable to raise $204,450 by December 1, 2018, the Landlord may, at its discretion, void this Lease. Tenant agrees to provide monthly fundraising reports to the City on its progress until such time that they have meet the fundraising obligation. (i) In the event the expenditures identified in this MOU are less than $204,450, as identified in this MOU; Theo Ubique and the City will work to identify additional opportunities and uses for funding, so that all $204,450 committed for this project is utilized. (ii) In the event the expenditures identified in this MOU are more than $204,450, as identified in this agreement, Theo Ubique and the City will work to identify additional funding opportunities for the necessary items. (iii) If Theo Ubique does not raise funds provided herein, Theo Ubique must furnish 75% of funding within 60 days of milestone date achievement. Additional 25% will be due and charged 10% penalty fee (e.g. if milestone was $50,000 and only $25,000 was 193 of 432 7 raised and provided to the City within 60 days of milestone, the remaining $25,000 will also have to include $2,500, or 10% penalty, due to the City). The Tenant will issue the funds in installments according to the following calendar: Estimated Date Milestone Amount Due Total Remaining January 1, 2017 Execution of MOU $450 $204,000 May 1, 2017 Execution of lease $4,000 $200,000 July 1, 2017 Delivery of construction drawings $50,000 $150,000 January 1, 2018 Issuance of first building permit for construction $50,000 $100,000 June 20, 2018 Completion of construction/issuance of temporary certificate of occupancy $50,000 $50,000 December 1, 2018 Occupation of the building $50,000 $0 5. FIXTURES AND EQUIPMENT All trade fixtures and equipment installed by Tenant in or on the Premises (including brewing equipment, furniture, kitchen equipment, satellite communication dish and equipment, registers, other equipment, shelving and signs) must remain the property of Tenant and Tenant may remove the same or any part thereof at any time prior to or at the expiration or earlier termination of this Lease. Tenant must repair at its own expense any damage to the Premises caused by the removal of said fixtures or equipment by Tenant. This provision must expressly survive the termination or expiration of this Lease. 6. USE OF PREMISES (a) Permitted Use. Tenant must have the right, subject to applicable Federal, State and local laws, including Environmental Laws (as hereafter defined) and the terms of this Lease, to use the Premises for the following purpose(s): to run a theatre with live performances and dinner service, rehearsals, workshops, office use, and uses incidental thereto, and no part of the Property will be used for any other purpose without the prior written consent of the City (herein collectively “Permitted Use”). (b) Liquor License. Tenant will apply for and maintain a valid liquor license with the State and City of Evanston. This Lease does not in any way bind the Liquor Control Review Board and cannot be construed that Tenant’s future application is granted. (c) Tenant Exclusive Use of Premises. Landlord covenants and agrees that it has no rights to use, modify, alter or lease any portion of the Building or Property other than as expressly provided in this Lease. (d) Hours of Operation. TBD. 7. MAINTENANCE 194 of 432 8 (a) Maintenance, Repair and Replacement Responsibilities of Tenant: Tenant is responsible for all aspects of the Premises, including exterior and interior portions of the Premises, including but not limited to all structural and load bearing columns, roof, the HVAC system for the Building, interior sprinkler and fire safety system within the Building, the roof, windows and all soffits, and all structural and non-structural elements of the Building. Any major repairs or replacement work must be in consultation with the Landlord to ensure that the Building and Property are maintained in a sustainable and responsible manner. Landlord will conduct annual inspections to ensure the property is maintained in good working order. (b) All refuse associated with Tenant’s use must be placed in appropriate containers for disposal. Tenant cannot dispose of construction building materials in the standard refuse containers and must arrange for special pick-ups and containers for said materials. A refuse container for regular refuse will be located at the Property in reasonable proximity to the Building. Tenant will contract to have trash hauled from such container with reasonable frequency. (c) Tenant is responsible for snow, ice removal and leaf removal and general upkeep of the exterior of the Building along the sidewalk and other carriage walks to and from the Building. The snow must be moved to a suitable area on the Premises and not into the Parking Lot described in Sections 1(b) and 8(e) or elsewhere to block the free flow of traffic. In no event must Tenant be responsible for any maintenance whatsoever beyond the Property, including by way of example and not limitation, the Parking Lot described in Sections 1(b) and 8(e) or any other parcels adjacent the Property. (d) The Tenant will at all times maintain all of the Property in a clean, neat and orderly condition. The Tenant will not use the Property in a manner that will violate or make void or inoperative any policy of insurance held by the Landlord. (e) Tenant must yield the Premises back to Landlord, upon the termination of this Lease, whether such termination must 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 casualty and reasonable wear and tear accepted. Tenant must make all necessary repairs and replace broken fixtures with material of the same size and quality as that broken. If, however, the Premises must not thus be kept in good repair and in a clean condition by Tenant, 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 Lease or an interference with the possession of the Premises by Tenant, and Landlord may replace the same in the same condition of repair and cleanliness as existed at the date of execution hereof, and Tenant agrees to pay Landlord, in addition to the rent hereby reserved, the expenses of Landlord in thus replacing the Premises in that condition. Tenant must not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. (f) Tenant will keep all leasehold improvements in compliance with all laws and regulations during the entire Term of this Lease, except for repairs required of the Landlord to be made and damage occasioned by fire, wind or other causes as provided for in this Lease. 8. PAYMENT OF TAXES (a) Definition. For purposes hereof, “Taxes” must mean real property taxes and 195 of 432 9 “Assessments” must mean assessments, general and special, foreseen and unforeseen, for public improvements levied or assessed against the Premises and the improvements thereon for that portion of the Term. (b) Payment. Landlord represents and warrants to Tenant that the Premises is currently not exempt from Taxes and Assessments. Landlord will endeavor to file for a tax-exemption application with the Cook County Assessor (“Assessor”). Any tax payments during the Term will be paid by Landlord, provided that Tenant retains its 501(c)(3) not-for-profit status. If Tenant changes its incorporation to a for-profit corporation or the Tenant fails to retain its 501(c)(3) not-for-profit status, Tenant is responsible for paying taxes associated with the commercial use at a later date. 9. DAMAGE AND DESTRUCTION (a) Casualty. If the Premises must be damaged by fire or other casualty by an Act of God (“Casualty”), Landlord must, within one hundred eighty (180) days after such damage occurs (subject to being able to obtain all necessary permits and approvals, including, without limitation, permits and approvals required from any agency or body administering environmental laws, rules or regulations, and taking into account the time necessary to effectuate a satisfactory settlement with any insurance company) repair such damage at Landlord’s expense and this Lease must not terminate. If the foregoing damage is due to the negligence or willful misconduct of Tenant, then Landlord must look first to the insurance carried by Tenant to pay for such damage. Notwithstanding (i) any other provisions of the Lease to the contrary, and (ii) any legal interpretation that all improvements become part of the realty upon being attached to the Premises, following a Casualty, the Landlord must be responsible only for restoring the Premises to building standard levels of improvement at the time of execution of this Lease and must not include the tenant improvements completed and installed following execution of this Lease, and the tenant must be responsible for insuring and replacing the above building standard tenant improvements or betterments that made the Premises “customized” for Tenant’s use. Customized improvements include, but not limited to: any and all brewing equipment and fixtures, alarm censored doors, wood flooring, and custom cabinetry. Except as otherwise provided herein, if the entire Premises are rendered untenantable by reason of any such damage, or if Tenant cannot utilize Property and Building for its intended use by reason of any damage of any size or scope whatsoever, then all Fixed Minimum Rent and Additional Rent must abate for the period from the date of the damage to the date the damage is repaired, and if only a part of the Premises are so rendered untenantable but the damage does not prevent Tenant from utilizing the Property for its Permitted Use, the Fixed Minimum Rent and Additional Rent must abate for the same period in the proportion that the area of the untenantable part bears to the total area of the Premises; provided, however, that if, prior to the date when all of the damage has been repaired, any part of the Premises so damaged are rendered tenantable and must be used or occupied by or through Tenant, then the amount by which the Fixed Minimum Rent and Additional Rent abates must be apportioned for the period from the date of such use or occupancy to the date when all the damage has been repaired. (b) Repair to Leasehold Improvements. Landlord must have no obligation to repair damage to or to replace any leasehold improvements, Tenant’s personal property or any other property located in the Premises, and Tenant must within thirty (30) days after the Premises is sufficiently repaired so as to permit the commencement of work by Tenant, commence to repair, reconstruct and restore or replace the Premises (including fixtures, furnishings and equipment) and prosecute the same 196 of 432 10 diligently to completion. Notwithstanding the foregoing, Tenant’s Fixed Minimum Rent and Additional Rent must continue to be abated as provided in Section 9(a) above, until the Property is once again suitable for its Permitted Use. (c) Termination Right. Notwithstanding any provision contained herein to the contrary, Tenant must have the option and right to terminate this Lease if, (a) the Premises must be so damaged by Casualty that it cannot be fully repaired within one hundred eighty (180) days after the date of damage; (b) during the last eighteen (18) months of the Term of this Lease, the Premises is damaged by a Casualty in amount exceeding thirty-three and one-third percent (33.33%) of the square footage of the Premises or a lesser amount (no matter how small) that leaves Tenant unable to utilize the Premises for their Permitted Use, provided that, in such event, such termination of this Lease must be effected by written notice within ninety (90) days of the happening of the Casualty causing such damage. This provision must expressly survive the termination or expiration of this Lease. 10. INSURANCE (a) Tenant agrees to maintain a policy or policies of commercial general liability insurance written by an insurance carrier rated at least Class A or better in Bests Key Rating Guide of Property-Casualty Insurance Companies and licensed to do business in the state in which the Premises is located which must insure against liability for injury to and/or death of and/or damage to personal property and the Premises of any person or persons, with policy limits of not less than $3,000,000.00 combined single limit for injury to or death of any number of persons or for damage to property of others not arising out of any one occurrence. Said policy or policies must provide, among other things, blanket contractual liability insurance. Tenant’s policy must cover the Premises and the business operated by Tenant and must name Landlord as an additional insured. Landlord is self-insured up to $1.25 Million and agrees to maintain an excess policy or policies of commercial general liability insurance over the self-insured limit written by an insurance carrier with a rating at least Class A or better in the Bests Key Rating Guide and licensed to do business in the state in which the Premises is located which must insure against liability for injury to and/or death of and/or damage to personal property of any person or persons, with policy limits of not less than $2,000,000.00 combined single limit for injury to or death of any number of persons or for damage to property of others not arising out of any one occurrence. Landlord’s policy must name Tenant as an additional insured. Subject to the terms of Paragraph 9(a), Landlord must maintain casualty insurance covering the entire Premises and any alterations, improvements, additions or changes made by Landlord thereto in an amount not less than their full replacement cost from time to time during the Term, providing protection against any peril included within the classification of “all risks”. (b) Each of the parties hereto agrees to maintain and keep in force, during the Term hereof, all Workers' Compensation and Employers' Liability Insurance required under applicable Workers' Compensation Acts. (c) Within thirty (30) days after written request, each of the parties agrees to deliver to the other a certificate of insurance as evidence that the policies of insurance required by this Section 10 have been issued and are in effect. (d) Waiver of Subrogation. Neither Landlord nor Tenant must be liable to the other or to any insurance company (by way of subrogation or otherwise) insuring the other party for any loss or 197 of 432 11 damage to any building, structure or other tangible property, or any resulting loss of income for property or general liability losses, even though such loss or damage might have been occasioned by the acts or omissions of such party, its agents, contractors or employees. Landlord or Tenant must look exclusively to the proceeds of insurance carried by it or for its benefit in the event of any damage or destruction to its property located on the Premises. Notwithstanding anything to the contrary contained herein, Landlord and Tenant hereby release and waive any and all rights of recovery, claim, action or cause of action, against the other, or its respective directors, shareholders, officers, agents, invitees and employees, for any loss or damage that may occur to the property or the equipment, fixtures and improvements comprising any part of the Premises, by reason of fire, the elements, or any other cause which could be insured against under the terms of an “all risk” fire insurance policy, in the state where the Premises is located, regardless of cause or origin, including negligence of the parties hereto, their agents, officers, invitees and employees. Subject to the provisions of the Lease, no insurer of a party hereunder must ever hold or be entitled to any claim, demand or cause of action against Tenant by virtue of a claim of loss paid under any such insurance policies, whether such insurer’s claim be in the nature of subrogation or otherwise. The waivers provided pursuant to this paragraph must not operate to the extent that they would void coverage under the provisions of any policy of insurance. 11. INDEMNIFICATION (a) Indemnification of Landlord. Except as otherwise provided in this Lease, and except to the extent caused by the willful misconduct of Landlord, or its agents, employees or contractors, or by the breach of this Lease by Landlord, Tenant must 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 an Act of God or an act of a third party, (ii) any negligence or willful misconduct of Tenant, or its agents, employees or contractors, or its sub-lessee; or (iii) Landlord’s breach occasioned wholly or in part by any act, omission of Tenant, its agents, employees, contractors or servants. The provisions of this Section must survive the expiration or earlier termination of this Lease only with respect to any damage, injury or death occurring before such expiration or earlier termination. (b) Indemnification of Tenant. Except as otherwise provided in this Lease, and except to the extent caused by the negligence of Tenant, or its agents, employees or contractors, or by the breach of this Lease by Tenant, Landlord must protect, defend, indemnify and save Tenant and its officers, or employees from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from any act, omission or negligence of Landlord, its agents, employees, contractors or servants; The provisions of this Section must survive the expiration or earlier termination of this Lease only with respect to any damage, injury or death occurring before such expiration or earlier termination. The provisions of this Section do not extend to any sublessee of Tenant. 12. Intentionally Omitted. 13. UTILITIES Tenant must pay during the Term hereof directly to the appropriate utility company or 198 of 432 12 governmental agency all electric, water, gas, telephone and other public utility charges in connection with its occupancy and use of the Premises, including all costs of operating and maintaining all equipment therein, all business licenses and similar permit fees but excluding any installation costs, tap fees and/or connection fees or charges, with no right of reimbursement from the Landlord. All utilities must be paid pursuant to separate meters measuring Tenant’s consumption of utilities from the Premises, which meter fee must be Landlord’s obligation at its sole cost and expense. Landlord must not be liable to Tenant for damages or otherwise (i) if any utilities must become unavailable from any public utility company, public authority or any other person or entity supplying or distributing such utility, or (ii) for any interruption in any utility service (including, but without limitation, any heating, ventilation or air conditioning) caused by the making of any necessary repairs or improvements or by any cause beyond Landlord's reasonable control, and the same must not constitute a default, termination or an eviction. Tenant assures Landlord that it must arrange for an adequate supply of electricity to the Premises and it must pay for any increased voltage and any additional wiring required addressing the increased capacity. 14. COVENANTS AGAINST LIENS Tenant covenants and agrees that it must not, during the Term hereof, suffer or permit any lien to be attached to or upon the Property or the Premises by reason of any act or omission on the part of Tenant or its agents, contractors or employees. In the event that any such lien does so attach, and (i) is not released within thirty (30) days after notice to Tenant thereof, or (ii) if Tenant has not bonded such lien within said thirty (30) day period, Landlord, in its sole discretion, may pay and discharge the same and relieve the Premises or the Property therefrom, and Tenant agrees to repay and reimburse Landlord upon demand for the amount so paid by Landlord and for other reasonable costs incurred by Landlord in discharging and relieving said lien. The Tenant 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 Tenant on the Premises. Tenant will, 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 Tenant contests any lien so filed in good faith and pursues an active defense of said lien, Tenant must not be in default of this paragraph. However, in the event of any final judgment against Tenant regarding such lien, Tenant agrees to pay such judgment and satisfy such lien within 60 days of the entry of any such judgment. 15. ASSIGNMENT AND SUBLETTING (a) Assignment. Tenant must not have the right to assign this Lease, transfer and grant concessions or licenses (“Transfer”) in all or any part of the Premises without the Landlord’s written consent and City Council approval by Ordinance. No Transfer must relieve Tenant from any of its obligations as Tenant hereunder. Every such assignment or sublease must recite that it is and must be subject and subordinate to the provisions of this Lease, and the termination or cancellation of this Lease must constitute a termination and cancellation of every such assignment or sublease. Notwithstanding the foregoing, Landlord agrees that no merger, consolidation, corporate reorganization, or sale or transfer of Tenant's assets or stock (specifically including any inter-family or inter-company transfers), redemption or issuance of additional stock of any class, or assignment or sublease to any person or entity which controls, is controlled by or is under common control with Tenant, must be deemed a Transfer hereunder. (b) Sublet Premises. Subleases of the Premises are permitted. The maximum time period for a 199 of 432 13 sublease is 60 days total and the 60 day rental can be broken up over several months. If Tenant seeks to sublease the Premises for a period longer than 60 days, it must receive prior written consent from the Landlord. The sublease can be for rental of performance space, rehearsal, or special meetings. The rent received from the sublease can be retained by the Tenant. Tenant must utilize the Premises for the Permitted Use contained in this Lease for more than 50% of the performances that occur at the Premises each year. Meaning, the Tenant remains the primary user of the Premises. Tenant remains the responsible party for the Lease obligations contained herein, the sublessee must furnish proof of insurance and add the City of Evanston as an additional insured to its policy prior to use of the Premises, and sign a waiver and release on the City’s form. 16. NOTICES Any notices required to be given hereunder, or which either party hereto may desire to give to the other, must be in writing. Such notice may be given by reputable overnight delivery service (with proof of receipt available), personal delivery or mailing the same by United States mail, registered or certified, return receipt requested, postage prepaid, at the following addresses identified for Landlord and Tenant, or to such other address as the respective parties may from time to time designate by notice given in the manner provided in this Section. If to the Landlord: with a copy to: City of Evanston City of Evanston Attn: City Manager Attn: Corporation Counsel 2100 Ridge Avenue 2100 Ridge Avenue Evanston, IL 60201 Evanston, IL 60201 If to Tenant: Theo Ubique Theatre Attn: Fred J. Anzevino 1434 W. Jarvis, #2F Chicago, IL 60626 For purposes of this Lease, a notice must be deemed given upon the date of actual receipt thereof or the date of proof of rejection thereof if delivered by hand or overnight courier service. 17. RIGHT TO GO UPON PREMISES Landlord hereby reserves the right for itself or its duly authorized agents and representatives at all reasonable times during business hours of Tenant upon at least forty-eight (48) hours prior notice to Tenant and accompanied by a representative of Tenant (which may be the store manager or assistant manager) to enter upon the Premises for the purpose of inspecting the same and of showing the same to any prospective purchaser or encumbrance or tenant, and for the purpose of making any repairs which Landlord is required hereunder to make on the Property, but any such repairs must be made with all due dispatch during normal construction trade working hours, and in such manner as to minimize the inconvenience to Tenant in the conduct of its business, it being agreed that in the event of a necessity of emergency repairs to be made by Landlord, Landlord may enter upon the Premises forthwith to effect such repairs. Notwithstanding the foregoing, in the 200 of 432 14 event that due to an entry by or on behalf of Landlord into the Premises, Tenant’s use is materially interfered with and Tenant, from the standpoint of prudent business management, cannot open and operate the Premises for business for two (2) consecutive days, all Fixed Minimum Rent and other charges payable by Tenant hereunder must equitably abate commencing after such second (2nd) day, and continuing until such repairs are completed, unless such entry is required as a result of Tenant’s negligence or intentional misconduct. 18. DEFAULT (a) Tenant Default. (i) Events of Default. Including, but not limited to, the following events must be deemed to be an “event of default” hereunder by Tenant subject to Tenant’s right to cure: a. Tenant must fail to pay any item of Fixed Minimum Rent per Section 3 at the time and place when and where due and does not cure such failure within five (5) business days after receipt of notice from Landlord of such failure; b. Tenant must fail to comply with any other term, provision, covenant or warranty made under this Lease or if any of Tenant’s representations and warranties made under this Lease are determined to be untrue, either when made or at any time during the Term, by Tenant, and Tenant must not cure such failure within thirty (30) days after Landlord's written notice thereof to Tenant. In the event Tenant cannot comply with such term, provision, or warranty, within said thirty (30) day period, Tenant must not be in default if Tenant is diligently and continuously making an effort to comply with such term, provision, covenant or warranty and Tenant completes the cure of the default; or c. Tenant must make a general assignment the benefit of creditors, or must admit in writing its inability to pay its debts as they become due or must file a petition in bankruptcy. (ii) Remedies. Upon the occurrence of an event of default, Landlord may, so long as such default continues, as permitted by law and subject to Landlord’s obligation to use good faith efforts to mitigate damages, either: a. terminate this Lease by written notice to Tenant, which written notice must specify a date for such termination at least fifteen (15) days after the date of such written termination notice and such termination must be effective as provided in such written notice unless Tenant must cure such default within such notice period, or not terminate this Lease as a result of the default of Tenant. If Tenant must fail to surrender the Premises upon such termination, Landlord may thereupon, reenter the Premises, or any part thereof, and expel or remove therefrom Tenant and any other persons occupying the same, using such means provided by law; b. without terminating this Lease, Landlord may evict Tenant (by any means provided by law) and let or relet the Premises or any or all parts thereof for the whole or any part of the remainder of the Term hereof, or for a period of time in excess of the remainder of the Term hereof, and out of any rent so collected or received, Landlord must first pay to itself the expense of the cost of retaking and repossessing the Premises and the expense of 201 of 432 15 removing all persons and property therefrom, and must, second, pay to itself any costs or expenses sustained in securing any new tenant or tenants (provided that such amount must not include any amounts incurred to restore the Premises to more than the condition originally delivered to Tenant), and must third, pay to itself any balance remaining, and apply the whole thereof or so much thereof as may be required toward payment of the liability of Tenant to Landlord then or thereafter unpaid by Tenant; or c. pursue such other remedies as are available at law or in equity. (b) Landlord Default. Should Landlord default in the performance of any covenant, provision, warranty, condition or agreement herein, or if any of Landlord’s representations and warranties made under this Lease are determined to be untrue, either when made or at any time during the Term, and such default in the case of any failure by Landlord to pay any sum required to be paid to Tenant hereunder, continues for ten (10) business days after notice thereof from Tenant, or in case of any non-monetary default, continues for thirty (30) days after receipt by Landlord of written notice thereof from Tenant (except as otherwise provided herein), or if the default of Landlord is of a type which is not reasonably possible to cure within thirty (30) days, if Landlord has not commenced to cure said default within said thirty (30) day period and does not thereafter diligently prosecute the curing of said default to completion (except as otherwise provided herein), Tenant in addition to any and all other remedies which it may have at law and/or in equity including the right to seek injunctive relief without posting a bond or the obligation to prove irreparable harm, may pay or perform any obligations of Landlord hereunder and deduct the cost thereof from each installment of annual Fixed Minimum Rent payable pursuant to the terms of this Lease; provided, however, in no event must the amount of any such deduction exceed ten percent (10%) of the Fixed Minimum Rent payable on a monthly basis; provided, further, Tenant must not have the right to terminate this Lease except as expressly permitted herein. 19. SIGNS Tenant may apply for signage (temporary and permanent signage) for the exterior and interior of the Premises, at its own expense, in order to conduct the business of Tenant. Tenant acknowledges 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 Tenant agrees to be bound by such ordinances. Landlord cannot make representations in a lease agreement that Tenant must be entitled additional signage, a certain number of signs and/or dimensions of proposed signage, because the Tenant must make an application to the Sign Review Board, as provided by Code, but Landlord will not withhold, condition or delay its consent to a sign over the new entrance to the Premises which complies with applicable laws. 20. REPRESENTATIONS AND WARRANTIES (a) Landlord represents, warrants and covenants to Tenant that, to Landlord’s knowledge, the following is true as of the Effective Date: (i) all of the Premises is zoned and fit for commercial purposes, and the Permitted Use is permitted under the applicable zoning designation, and that the Premises and Property are presently properly subdivided in conformity with all applicable laws and suitable for the Permitted Use; 202 of 432 16 (ii) Landlord is the fee simple owner of the Premises; (iii) the Premises is subject to no restrictions or continuing regulations of any kind or nature whatsoever incompatible with the Permitted Use and that there are no restrictions in any agreement by which Landlord is bound (including, but not limited to, Landlord’s insurance policies) which would adversely affect Tenant’s right to use the Premises for the Permitted Use during the Term; (iv) the Premises are in good working order and condition, the roof is watertight and all utility systems are functional; (v) there are no exceptions to title with respect to and/or encumbrances on the Premises which would interfere with Tenants proposed use of the Premises; (vi) Landlord has no notice of any proposed Assessments other than as reflected on the current tax bill; (vii) Landlord has no knowledge of any condition that would preclude Tenant from obtaining all Tenant’s permits and licenses necessary for Tenant to open for business and operate for the Permitted Use; (ix) if Landlord is a corporation, limited liability company, partnership or trust, Landlord covenants that it is duly constituted under the laws of the state of its organization, and that its officer, member, manager, partner or trustee who is acting as its signatory in this Lease is duly authorized and empowered to act for and on behalf of the entity or trust; and (x) there are no judicial, quasi-judicial, administrative or other orders, injunctions, moratoria or pending proceedings against Landlord or the Property which preclude or interfere with, or would preclude or interfere with, the construction contemplated herein or the occupancy and use of the Premises by Tenant for the purposes herein contemplated. (xi) no third party has the right to object to Tenant’s tenancy hereunder, prohibit the selling of any products sold by Tenant or the uses allowed herein or the right to consent to any feature of the Premises or Tenant’s signage. (xii) there are no mortgages, prime leases, deeds to secure debt, deeds of trust, or other instruments in the nature thereof, affecting Landlord or its interest in the Premises. (xiii) The Property is leased to Tenant “AS IS” and “WHERE IS” without representation or warranty by Landlord. Tenant further acknowledges that (i) Tenant has had an adequate opportunity to make such legal, factual and other inquiries and investigation as Tenant deemed necessary, desirable or appropriate with respect to the Property, including, but not limited to, compliance of the Property with Environmental Laws (as hereafter defined) and whether the Hazardous Substances (as hereafter defined) are migrating towards or from the Property or are on, in, under or above the Property, and (ii) neither Landlord, nor anyone acting for or on its behalf, has made any representation, warranty, promise or statement, express or implied, to Tenant, or to anyone acting for or on behalf of Tenant, concerning 203 of 432 17 the Property or the condition, use or development thereof. Tenant represents that, in entering into this Lease, Tenant has not relied on any representation, warranty, promise or statement, express or implied, of Lessee Landlord, or anyone acting for or on its behalf, other than as expressly set forth in this Lease, and that Tenant enters into this Lease based upon Tenant's own prior investigation and examination of the Property. Further, to the extent that Landlord has provided (or may hereafter provide) to Tenant information from any inspection, engineering or environmental reports concerning any Hazardous Substances or the condition of the Property, Landlord makes no representations or warranties with respect to the accuracy or completeness, methodology of preparation or otherwise concerning the contents of such reports. Tenant acknowledges that Landlord has requested that Tenant inspect the Premises fully and carefully and investigate all matters relevant thereto and that Tenant relies solely upon the results of Tenant's own inspections or other information obtained or otherwise available to Tenant, rather than any information that may have been provided (or may hereafter be provided) by Landlord to Tenant. Tenant’s election to enter into this Lease is be made at Tenant's sole and absolute discretion, in reliance solely upon the tests, analyses, inspections and investigations that Tenant makes, or had the right to make and opted not, or otherwise failed, to make, and not in reliance upon any alleged representation made by Landlord, or anyone acting for or on their behalf. (b) All representations and warranties, covenants and indemnities contained in this Lease must survive the expiration or earlier termination of this Lease. 21. HOLDING OVER; END OF TERM (a) If Tenant must hold possession of the Premises after the expiration or termination of this Lease, at Landlord's option (i) Tenant must be deemed to be occupying the Premises as a tenant from month- to-month at one hundred fifty percent (150%) of the Fixed Minimum Rent in effect upon the expiration or termination of the immediately preceding term or (ii) Landlord may exercise any other remedies it has under this Lease or at law or in equity including an action for wrongfully holding over. (b) Upon the expiration or sooner termination of this Lease, Tenant must surrender the Premises to Landlord in as good order, condition and repair as when received by Tenant; ordinary wear and tear, casualty and condemnation excepted. This provision must expressly survive the termination or expiration of this Lease. (c) Any property, equipment, or product remaining in the Premises upon expiration of this Lease must be considered abandoned and property of the Landlord. Any abandoned medical cannabis or infused products must be turned over to the proper law enforcement authorities for destruction. 22. EXPENSES OF ENFORCEMENT The Parties must bear its own costs, charges, expenses and attorney’s fees, and any other fees incurred in the event of a dispute between the Parties. 23. SUCCESSORS IN INTEREST All of the covenants, agreements, obligations, conditions and provisions of this Lease must inure to 204 of 432 18 the benefit of and must bind the successors and permitted assigns of the respective parties hereto. 24. REMEDIES ARE CUMULATIVE Remedies conferred by this Lease upon the respective parties are not intended to be exclusive, but are cumulative and in addition to remedies otherwise afforded by the law. 25. QUIET POSSESSION Upon payment by the Tenant of the minimum, percentage and additional rent and all other sums due hereunder and upon the observance and performance of all covenants, terms and conditions on Tenant’s part to be observed and performed, Tenant must peaceably and quietly hold and enjoy the Premises for the Term of this Lease without hindrance or interruption by Landlord or any other person or persons lawfully or equitably claiming by, through or under the Landlord, subject nevertheless, to the terms and conditions of this Lease. 26. ALTERATION (a) Changes Required by Law. Any structural changes, alterations or additions in or to the Premises which may be necessary or required by reason of any law, rule, regulation or order promulgated by competent governmental authority must be made at the sole cost and expense of Landlord, including but not limited to asbestos removal and disposal and interior and exterior compliance with the Americans with Disabilities Act (ADA) etc. Notwithstanding the foregoing, if any such changes, alterations or additions are required as a result of improvements made by Tenant during the Term hereof or due to Tenant’s use of the Premises, such changes, alterations or additions must be made at the sole cost and expense of Tenant. Tenant may contest the validity of any such law, rule, regulation or order, but must indemnify and save Landlord harmless against the consequences of continued violation thereof by Tenant pending such contest. (b) Alterations During Term. Tenant must be permitted to perform interior, nonstructural alterations to the Premises and to revise the interior layout of the Premises; provided that the alterations are in conformance the security plans approved by the State of Illinois, any regulations under the Medical Cannabis Act, and any additional regulatory authority provisions governing the Permitted Use. Tenant must obtain Landlord's written consent to any other alterations or construction which affects the structural nature of the Premises, which consent must not be unreasonably withheld, conditioned or delayed. 27. HAZARDOUS SUBSTANCES (a) Tenant agrees that, except as herein set forth, it must not generate, use, store, handle or dispose of on or transport over the Premises any Hazardous Substances (defined below) in violation of any Environmental Laws (defined below), except as such incidental amounts of Hazardous Substances as may be required for Tenant to conduct the Permitted Use, but in no instance shall Tenant dispose of Hazardous Substances on the Premises in violation of Environmental Laws. (b) If any time during the Term, Hazardous Substances are found in the Premises or on adjacent property and such Hazardous Substances are not the result of Tenant’s use of or work on the Premises, then, in such event, Tenant must have the immediate right to terminate this Lease upon 205 of 432 19 written notice to Landlord. Under no circumstances must Tenant be responsible for remediation or cleanup of any Hazardous Substances on the Premises or adjacent property that were not caused by Tenant, or Tenant’s subcontractors, agents or employees. Furthermore, with regard to any Hazardous Substances caused by Tenant or its agents, contractors or employees, Tenant must remove same, in compliance with applicable Environmental Laws, at Tenant’s sole cost and expense. Tenant must defend, indemnify, and hold Landlord harmless from and against any and all costs, damages, expenses and/or liabilities (including reasonable attorneys’ fees) which Landlord may suffer as a result of any written demand (whether or not a suit), claim, suit or action regarding any such Hazardous Substances (whether alleged or real) present due to Tenant and/or regarding the removal and clean-up of same or resulting from the presence of such Hazardous Substances. The representation, warranty and indemnity of Tenant described in this subsection shall survive the termination or expiration of this Lease or purchase of the Property as provided herein. Other than Hazardous Substances caused by Tenant or its agents, contractors or employees, Tenant shall have no duty whatsoever to remove any Hazardous Substances from the Property. (c) In the event that during the Term of this Lease, Tenant is prevented from performing Tenant’s Work and/or Tenant must be unable to operate for a period of thirty (30) days or more for the Permitted Use at the Premises and ceases operating at the Premises as a result of remediation of Hazardous Substances not caused by Tenant or its agents, contractors or employees, and Tenant does not terminate the Lease as provided for in Section 27(b) above, then Fixed Minimum Rent, Additional Rent and all other charges due hereunder must equitably abate until such time as Tenant is able to resume the performance of Tenant’s Work and/or the operation of its business in the Premises. (d) Tenant, for itself and its successors in interest, waives and releases Landlord from any and all past and present claims and causes of action arising from or relating to the presence or alleged presence of Hazardous Substances in, on, under, about or emanating from the Property, including without limitation any claims for cost recovery, contribution, natural resources damages, property damage, consequential damages, personal or bodily injury (including death) or otherwise, under or on account of any violation, or arising under, Environmental Law. (e) The term “Hazardous Substance” includes, without limitation, any material or substance (regardless of whether discarded, recyclable or recoverable) to which liability or standards of conduct are imposed pursuant to Environmental Laws, including, but not limited to (i) any defined, characteristic or listed “hazardous waste”, “extremely hazardous waste”, “restrictive hazardous waste”, “hazardous substance”, “hazardous material”, “regulated substance”, “pollutant”, “contaminant” or waste, (ii) petroleum (including crude oil or any fraction thereof, natural gas, liquefied natural gas, synthetic gas or mixtures of natural gas and synthetic gas), (iii) asbestos and any asbestos containing materials, (iv) substances known to cause cancer and/or reproductive toxicity, (v) polychlorinated biphenyls (PCBs) and (vi) radioactive material. The term “Environmental Law” means any federal, state or local law, statute, ordinance, rule, regulation, order, consent, decree, judgment or common-law doctrine, interpretation thereof, and provisions and conditions of permits, licenses, plans, approvals and other operating authorizations whether currently in force or hereafter enacted relating to health, industrial hygiene or the environmental conditions on, under or about the Premises or the Property, as such laws are amended and the regulations and administrative codes applicable thereto, including, by way of example and without limitation, the following: the Illinois Environmental Protection Act; Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”); the Resource Conservation and Recovery Act (“RCRA”); the Clean Air Act; the Clean Water Act; the Safe Water Drinking Act (“SDWA”); the Toxic Substances Control 206 of 432 20 Act; and all state and local counterparts thereto; and any common or civil law obligations including, without limitation, nuisance or trespass. It is the intent of the parties hereto to construe the terms “Hazardous Substance” and “Environmental Law” in their broadest sense. 28. GENERAL CONDITIONS (a) Time is of the essence of this Lease. Any deadlines in this Lease which cannot be met because of delays caused by governmental regulations, inability to procure labor or materials, strikes, acts of God, or other causes (other than financial), beyond the control of Landlord or Tenant (“Force Majeure”) must be extended by the amount of time caused by such delays; provided, however, the payment of rent must not be excused. Notwithstanding anything herein to the contrary, the failure by Landlord to construct the Premises according to building code and/or to receive timely inspections by the necessary authorities due solely to the negligence, misconduct or financial inability of Landlord or Landlord's contractors, employees or representatives must not constitute Force Majeure. In order for Landlord to claim the occurrence of Force Majeure, Landlord must have notified Tenant in writing of such occurrence within twenty (20) business days after the initial occurrence. (b) No waiver of any breach of the covenants, agreements, obligations and conditions of this Lease to be kept or performed by either party hereto must be construed to be a waiver of any succeeding breach of the same or any other covenant, agreement, obligation, condition or provision hereof. (c) Tenant must not be responsible for the payment of any commissions in relation to the leasing transaction represented by this Lease. Landlord and Tenant each covenant that they have not dealt with any real estate broker or finder with respect to this Lease (herein collectively “Brokers”). Each party must hold the other party harmless from all damages, claims, liabilities or expenses, including reasonable and actual attorneys' fees (through all levels of proceedings), resulting from any claims that may be asserted against the other party by any real estate broker or finder with whom the indemnifying party either has or is purported to have dealt, except for the Brokers. (d) The use herein of any gender or number must not be deemed to make inapplicable the provision should the gender or number be inappropriate to the party referenced. All section headings, titles or captions contained in this Lease are for convenience only and must not be deemed part of this Lease and must not in any way limit or amplify the terms and provisions of this Lease. (e) Landlord and Tenant have negotiated this Lease, have had the opportunity to be advised respecting the provisions contained herein and have had the right to approve each and every provision hereof; therefore, this Lease must not be construed against either Landlord or Tenant as a result of the preparation of this Lease by or on behalf of either party. (f) If any clause, sentence or other portion of this Lease must become invalid or unenforceable, the remaining portions thereof must remain in full force and effect. (g) Wherever in this Lease Landlord or Tenant is required to give consent, such consent must not be unreasonably withheld, conditioned or delayed except to the extent otherwise expressly provided herein. 207 of 432 21 (h) If the time for performance of any obligation or taking any action under this Lease expires on a Saturday, Sunday or legal holiday, the time for such performance or taking such action must be extended to the next succeeding day which is not a Saturday, Sunday or legal holiday. If the day on which rent or any other payment due hereunder is payable falls on a Saturday, Sunday or on a legal holiday, it must be payable on the next succeeding day which is not a Saturday, Sunday or legal holiday. (i) Landlord hereby agrees that it must maintain all confidentiality with regard to entering into this Lease, the opening for business by Tenant in the Premises and any financial information contained hereunder or obtained from Tenant during the Term of this Lease, other than disclosures to necessary third parties and Landlord must not release any material whatsoever to the press or any news media without the prior written approval of Tenant, which approval may be withheld in Tenant’s sole discretion. (j) Each covenant hereunder of Landlord, whether affirmative or negative in nature, is intended to and must bind the Landlord and each successive owner of the Premises and their respective heirs, successors and assigns. (k) There must be no personal liability on Landlord, its elected officials, officers, employees, agents, or any successor in interest with respect to any provisions of this Lease, or amendments, modifications or renewals hereof. Tenant must look solely to the then owner's interest in the Premises (including but not limited to any insurance proceeds, rents, or judgments) for the satisfaction of any remedies of Tenant in the event of a breach by Landlord of any of its obligations hereunder. (l) Landlord hereunder must have the right to assign, sell or transfer Landlord’s interest in this Lease or the Premises with consent of Tenant, which must not be unreasonably withheld. In the event of any such transfer, the transferor must be automatically relieved of any and all obligations on the part of Landlord accruing from and after the date of such transfer. (m) Tenant acknowledges that it will seek to hire qualified Evanston residents for employment in the Tenant’s business located at the Premises. (n) The parties agree the this Lease must be governed by and interpreted in accordance with the laws of the State of Illinois and that venue for any disputes must be in the Circuit Court of Cook County, Illinois. (o) This Lease must become effective on the day that this Lease must be executed by the last of the parties hereto to execute this Lease (herein “Effective Date”). (p) There are no oral agreements between the parties hereto affecting this Lease, and this Lease supersedes and cancels any and all previous negotiations, arrangements, letters of intent, lease proposals, brochures, agreements, representations, promises, warranties and understandings between the parties hereto or displayed by Landlord to Tenant with respect to the subject matter thereof, and none thereof must be used to interpret or construe this Lease. This Lease cannot be changed or terminated except by a written instrument subsequently executed by the parties hereto. 208 of 432 22 IN WITNESS WHEREOF, the respective parties hereto have executed this Lease by officers or agents thereunto duly authorized. Landlord: CITY OF EVANSTON, an Illinois municipal corporation By: _________________________________ Name: Wally Bobkiewicz Title: City Manager Tenant: THEO UBIQUE an Illinois not-for-profit corporation By: _________________________________ Name: ______________________________ Its: President 209 of 432 23 EXHIBIT A LEGAL DESCRIPTION LOTS 30 AND 31 IN BLOCK 8 IN BRUMMEL AND CASE HOWARD TERMINAL ADDITION, A SUBDIVISION OF ALL THAT PART OF THE NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST 1/4 THENCE NORTH ON THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 19, 19.65 CHAINS; THENCE WEST 19 CHAINS TO INTERSECTION WITH CENTER LINE OF RIDGE ROAD THENCE SOUTH 5 DEGREES 0 MINUTES EAST ON CENTER LINE OF RIDGE ROAD TO SOUTH LINE OF SOUTHEAST 1/4 OF NORTHWEST 1/4 THENCE EAST ON SOUTH LINE OF SOUTHEAST 1/4 OF NORTHWEST 1/4 14.99 CHAINS TO PLACE OF BEGINNING, (EXCEPT PUBLIC STREETS AND HIGHWAYS), IN COOK COUNTY, ILLINOIS. P.I.N 11-30-124-024-0000 AND 11-30-124-025-0000 Commonly known: 721-723 Howard Street, Evanston, IL 60202. 210 of 432 24 EXHIBIT B SITE PLAN 211 of 432 212 of 432 25 EXHIBIT C PROJECT BUDGET 213 of 432 214 of 432 215 of 432 For City Council meeting of March 13, 2017 Item A7 Ordinance 9-O-17: Increasing Class D Liquor License Red Hot Chilli Pepper Restaurant For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 9-O-17, Increasing the Number of Class D Liquor Licenses for RHCP Group LLC d/b/a Red Hot Chilli Pepper Restaurant, 500 Davis Street, Unit 102 Date: February 28, 2017 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 9-O-17. Livability Benefits: Economy & Jobs: Retain and expand local businesses Summary: Ordinance 9-O-17 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from fifty-eight (58) to fifty-nine (59) and permit issuance of a Class D license to RHCP Group, LLC d/b/a Red Hot Chilli Pepper Restaurant (“Company”), 500 Davis Street, Unit 102. 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. Company representative Ramakant Kharel submitted application materials. Legislative History: At the February 1, 2017 Liquor Control Review Board meeting, Company requested consideration of application for a Class D liquor license. ------------------------------------------------------------------------------------- Attachments: Ordinance 9-O-17 Application Minutes of the February 1, 2017 Liquor Control Review Board meeting Memorandum 216 of 432 2/1/2017 9-O-17 AN ORDINANCE Amending City Code Section 3-4-6-(D) to Increase the Number of Class D Liquor Licenses from Fifty-Eight to Fifty-Nine (RHCP Group LLC d/b/a Red Hot Chilli Pepper Restaurant, 500 Davis Street, Unit 102) 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 5859 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-eight (58) to fifty-nine (59) 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 Section 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). 217 of 432 9-O-17 ~2~ 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 two thousand nine hundred forty dollars ($2,940.00). No more than fifty-eight (58)fifty-nine (59) 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: _________________, 2017 Adopted: ___________________, 2017 Approved: __________________________, 2017 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 218 of 432 REDACTED219 of 432 220 of 432 221 of 432 222 of 432 REDACTED223 of 432 224 of 432 225 of 432 226 of 432 227 of 432 228 of 432 229 of 432 230 of 432 231 of 432 232 of 432 233 of 432 234 of 432 235 of 432 Page 1 of 3 MEETING MINUTES Liquor Control Board Wednesday, February 1, 2017 11:30 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Elizabeth Tisdahl; Marion Macbeth; Byron Wilson; Dick Peach Members Absent: None Staff Present: Mario Treto, Theresa Whittington Others Present: Ramakant Kharel (Red Hot chili Pepper); Peter O’Malley (Class A Amendment); Brian O’Malley (Class A Amendment); Rob Spengler (Little Beans); Sandeep Ghaey Presiding Member: Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor CALL TO ORDER The Local Liquor Control Commissioner Elizabeth Tisdahl called the meeting to order at 11:30 a.m. NEW BUSINESS Little Beans Café Evanston, LLC, Dba Little Beans Café, 430 Asbury Avenue, Evanston, IL 60202 Rob Spengler (RS,) co-owner of Little Beans, requested approval for a Class W liquor license (Indoor Recreation/beer-wine). RS explained that there has been demand from his customers for alcohol, especially for birthday parties. They have turned down customer requests for BYOB. They’ve discussed obtaining one day liquor licenses for special events but when they heard about the new Class W, they decided an annual would make more sense for a recreational facility like Little Beans. RS stated at present the plan would be to offer alcohol after 3 pm on Fridays, after 11 am Saturdays and after Noon on Sundays. The business closes at 7pm and special events sometimes go as late as 9pm. He is also in favor of a two drink maximum per customer. RS has plans to partner with Temperance Beer to provide beer for Little Beans. Dick Peach likened the scenario to Chuckie Cheese and the fights that have occurred at certain facilities. Rob Spengler responded that the two drink maximum should avoid problems arising from over consumption. Dick Peach then asked if alcohol will be served at the drive- through. RS responded that the drive-through has not been very successful and he has plans to fence it off and convert the drive-through area into an outdoor seating area. Board members reviewed the application in advance of the meeting and found it all in order. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. None were voiced. The Board recommended issuing a Liquor License to be introduced at the City Council meeting on February 27, 2017. 236 of 432 Page 2 of 3 RHCP Group, LLC Dba Red Hot Chili Pepper Restaurant, 500 Davis Street, #102, Evanston, IL 60201 Ramakant Kharel (RK), owner, requested approval for a Class D liquor license (Restaurant/liquor). RK has owned Mt. Everest restaurant in downtown Evanston for the past 17 years. RK explained that he is opening a second restaurant that focuses on Indo-Chinese fusion cuisine. This cuisine is very popular in India. RK believes it will be a great addition to the Evanston dining scene. The restaurant will have a bar area and an enclosed patio. Mayor Tisdahl asked about the status of his food license. RK responded that he has not yet applied for the license as the restaurant is still under construction. He anticipates construction to be complete in about 2.5 months. He will apply closer to the end of construction. Board members reviewed the application in advance of the meeting and found it all in order. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. None were voiced. The Board recommended issuing a Liquor License to be introduced at the City Council meeting on February 27, 2017. Peter O’Malley (The Second Bottle) Peter O’Malley (PM) and Brian O’Malley (BM) requested an amendment to Class A liquor license (Restaurant/Beer & Wine Shop/off-site only) to allow for sale and consumption both offsite and onsite for a craft beer specialty shop. PM described his business as primarily a retail craft beer space. The city code does not appear to have a liquor license that the business would fit into. His son, Brian O’Malley (BO) is a hobby craft brewer and craft brew enthusiast. BO would run the business. BO is a resident of Evanston. PM acknowledged the great breweries and wine tasting shops in Evanston but feels there is a need for a craft beer specialty shop. . PM stated that the craft beer market has increased over 13%. The store would mostly feature craft beer but also sell craft wine, cider and mead. He also wants to allow onsite consumption of the products so customers could try before they buy. He is open to limiting the amount of alcohol that a customer could consume on site. PM thinks it will fill a need of the city and appeal to young professionals. Marion Macbeth asked about the location. PM explained that they do not yet have a location. They are first addressing an amendment to insure that a license class exists to accommodate the business model. Finding a location, registering a corporation etc. will occur once a viable license class is established. Dick Peach (DP) asked how this business model is different from a bar. PM responded that the intent is for a customer to taste product and enjoy 1-2 drinks while they shop. Customers will not be encouraged to come to the shop just to stay and drink. There will not be an actual bar, no TV’s. BO stated the focus is retail sale. Dick Peach questioned the location of the business. He foresees an issue should it be located in the downtown core area. DP thinks that other Class C and C-1 restaurants might take issue with PM’s business being allowed to offer onsite consumption without the requirement to have a kitchen and offer a full menu. Class C/C-1 businesses carry a lot of overhead related to the kitchen requirement. PM stated that they will have snack food. PM stated that the 237 of 432 Page 3 of 3 other distinction is that his is primarily a retail store. DP responded that the proposal is requesting permission for onsite consumption and that other existing core-area business might take issue with that aspect of the business model. Mayor Tisdahl asked if there is a way to write the ordinance so that it addresses these concerns. Mario Treto (MT) responded that it could be written to exclude the downtown core area. Sandeep Ghaey (SG), owner of Vinic Wine (Class K), asked what the difference is between Class A and Class K and why the business doesn’t fit into the Class K license definition. SG noted that Class K already allows for sale of beer and has provisions for tastings/onsite consumption as well. MT highlighted some of the distinctions: Class K has square footage percentages that limit retail sale of beer to only 10% of total square footage; sale hours are 8 am to Midnight; 5,000 sq. ft. maximum and there is not a core- area exclusion. Dick Peach stated that the Class K seems a lot easier to adapt than the Class A. DP thinks all that would need to be altered on the Class K is the square footage allocations for different types of alcohols. Marion Macbeth stated that she is not in support of excluding certain types of businesses from the downtown core-area. Dick Peach responded that Class C/C-1, are currently restricted to the core-area, and are required to carry extra overhead associated with running full kitchens. Marion Macbeth doesn’t think PM’s business model truly compares to a Class C or C-1 business. Mayor Tisdahl directed Mario Treto to draft 1-2 ordinances to be presented and discussed at the next liquor board meeting. Sandeep Ghaey stated that the class K currently limits the total number of drink for onsite consumption to two. He stated that maintaining this limit might pre-empt any concerns from existing core-area restaurants. This matter is continued to the subsequent liquor board meeting. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl, Mayor at 12:02 p.m. February 1, 2017. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 238 of 432 For City Council Meeting of March 13, 2017 Item A8 Ordinance 10-O-17: Increasing Class W Liquor License Little Beans Cafe For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 10-O-17, Increasing the Number of Class W Liquor Licenses for Little Beans Café, LLC d/b/a Little Beans Cafe, 430 Asbury Avenue Date: February 28, 2017 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 10-O-17. Livability Benefits: Economy & Jobs: Retain and expand local businesses Summary: Ordinance 10-O-16 amends Evanston City Code of 2012 Subsection 3-4-6-(W), as amended, to increase the number of authorized Class W liquor licenses from one (1) to two (2) and permits issuance of a Class W license to Little Beans Café, LLC d/b/a Little Beans Cafe (“Company”), 430 Asbury Avenue. This license will permit Company to retail sale of beer and wine in commercial indoor recreational facilities only to persons of at least twenty-one (21) years of age for consumption on the premises. Company representative Robert H. Spengler IV submitted application materials. Legislative History: At the February 1, 2017 Liquor Control Review Board meeting, Company requested consideration of application for a Class W liquor license. ------------------------------------------------------------------------------------- Attachments: Ordinance 10-O-17 Application See Agenda Item A7 for Minutes of the February 1, 2017 Liquor Control Review Board meeting Memorandum 239 of 432 2/1/2017 10-O-17 AN ORDINANCE Amending City Code Section 3-4-6-(W) to Increase the Number of Class W Liquor Licenses from One to Two (Little Beans Café Evanston, LLC d/b/a “Little Beans Cafe ,” 430 Asbury Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class W of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: W Commercial Indoor Recreation Facility Beer/Wine None $2,500 $2,500 12 None 11 a.m. — 12 a.m. (Mon-Sat); 12 p.m. — 12 a.m. (Sun) SECTION 2: Subsection 3-4-6-(W) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class W liquor licenses from one (1) to two (2) to read as follows: (W) CLASS W licenses, which shall authorize the sale of beer and wine for consumption at a commercial indoor recreation facility, is limited to patrons of at least twenty-one (21) years of age. Such commercial indoor recreation facility liquor licenses shall be issued subject to the following conditions: 1. Licensees who offer servings of beer or wine for retail sale shall provide expanded food service which includes such items as sandwiches, flatbreads, empanadas, hot dogs, salads, or other similar a la carte items to customers who are purchasing beer or wine. Licensees may arrange for the presence and operation of a mobile food vehicle on or adjacent to the licensed premises during authorized hours of business to serve food to customers. Only mobile food vehicle vendors licensed pursuant to Title 8, Chapter 23 of the City Code shall be allowed to be present and operate. 240 of 432 10-O-17 ~2~ Licensees required to provide expanded food service shall comply with all applicable requirements of Title 8, Chapter 6 of the City Code. 2. Each serving must not exceed five (5) fluid ounces for wine and twelve (12) fluid ounces for beer. 3. Class W licensees must have at least one (1) BASSET-certified site manager on-premises whenever beer or wine is available for on-site consumption. All persons who sell, open, pour, dispense or serve beer or wine shall be BASSET certified. Class W licensees must provide food service whenever beer or wine is available for on-site consumption, in accordance with the specifications applicable to retail sale for on-site consumption. The licensee is strictly liable for complying with all provisions regarding food service. Beer or wine for retail sale for on-site consumption shall be sold and dispensed only in plastic containers provided by the licensee. Beer or wine sold within the licensed premises for consumption on the premises shall not be removed from the licensed premises. No alcoholic liquor shall be brought onto the licensed premises or consumed on the licensed premises other than the beer or wine sold at retail. 4. The sale of beer or wine shall only take place from 11:00 a.m. to 12:00 a.m., Monday through Saturday and from 12:00 p.m. to 12:00 a.m. on Sunday. No beer or wine may be consumed on the premises after 12:00 p.m. on any given day. 5. Every employee of a Class W licensee who participates in the sale of beer or wine, pursuant to this license class, must be BASSET-certified. 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 two thousand five hundred dollars ($2,500.00). 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 two thousand six hundred twenty five dollars ($2,625.00). No more than one (1)two (2) 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 241 of 432 10-O-17 ~3~ 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: _________________, 2017 Adopted: ___________________, 2017 Approved: __________________________, 2017 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 242 of 432 REDACTED243 of 432 244 of 432 245 of 432 246 of 432 REDACTED247 of 432 248 of 432 249 of 432 250 of 432 251 of 432 252 of 432 253 of 432 254 of 432 255 of 432 256 of 432 257 of 432 258 of 432 259 of 432 260 of 432 261 of 432 1 For City Council meeting of March 13, 2017 Item H1 Resolution 15-R-17 Agreement with EASA to serve as the VAO For Action To: Honorable Mayor and Members of the City Council From: Wally Bobkiewicz, City Manager Maleka Sumar, Management Analyst Subject: Resolution 15-R-17, Agreement with EASA to serve as the City’s Volunteer Animal Organization (VAO) Date: February 27, 2017 Recommended Action: Staff recommends City Council adoption of Resolution 15-R-17, authorizing the City Manager to negotiate and execute an agreement between the City of Evanston and the Evanston Animal Shelter Association (EASA) to serve as the City’s Volunteer Animal Organization for the Evanston Animal Shelter and Adoption Center for a period of two years (June 1, 2017 – May 31, 2019). Livability Benefit: Equity and Empowerment: support quality human service programs Background: On May 26, 2015, the City Council Approved Resolution 56-R-15, allowing the City Manager to enter into a two-year agreement with EASA to operate out of the shelter from June 1, 2015 to May 31, 2017. It is in the best interest of the City to continue this partnership and further its community expectations and standards of providing a high quality and safe environment for pets to be sheltered and adopted. Summary: On February 15, 2017, the Animal Welfare Board voted to recommend the enclosed Resolution 15-R-17 to the Human Services Committee. On March 6, 2017, the Human Services Committee voted to recommend the enclosed Resolution 15-R-17 to the City Council. Attachment: Resolution 15-R-17 Memorandum 262 of 432 2/2/2017 15-R-17 A RESOLUTION Authorizing the City Manager to Negotiate and Execute an Agreement with EASA to serve as the City’s Volunteer Animal Organization for the Evanston Animal Shelter and Adoption Center WHEREAS, the City Council adopted Ordinance 54-O-14 on April 28, 2014 which created the Animal Welfare Board to provide direction and guidance for the Animal Shelter and Adoption Center located at 2310 Oakton Street (the “Shelter”); and WHEREAS, the City Council, with the Animal Welfare Board’s recommendation, adopted Resolution 56-R-15 to select the Evanston Animal Shelter Association (“EASA”), an Illinois not-for-profit corporation, to operate the Shelter in 2015 for a period of two years (June 1, 2015 – May 31, 2017); and WHEREAS, the City Council of the City of Evanston has determined it is in the best interests of the City to continue the partnership and further its community expectations and standards of providing a high quality and safe environment for pets to be sheltered and adopted, NOW, THEREFORE, 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 execute the Animal Shelter Agreement (the “Agreement”) by and between the City of Evanston and the Evanston Animal Shelter Association for a two-year term (June 1, 2017 – May 31, 2019), the Agreement is attached hereto as Exhibit 1 and incorporated herein by reference. 263 of 432 15-R-17 ~2~ SECTION 2: That the City Manager is hereby authorized and directed to negotiate any remaining terms of the Agreement as he may be deem to be in the best interests of the City. SECTION 3: That this Resolution 15-R-17 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2017 264 of 432 15-R-17 ~3~ EXHIBIT 1 EVANSTON ANIMAL SHELTER AGREEMENT 265 of 432 1 VOLUNTEER ANIMAL ORGANIZATION AGREEMENT THIS VOLUNTEER ANIMAL ORGANIZATION AGREEMENT (hereinafter referred to as the “Agreement”) entered into this ___ day of ____________, 2017, by and between the City of Evanston, an Illinois municipal corporation (hereinafter referred to as the “City”), and Evanston Animal Shelter Association (“EASA”), an Illinois not-for-profit corporation (hereinafter referred to as the “VAO” or “EASA”). The City and VAO shall be referred to as the “Parties”. RECITALS WHEREAS, the City’s community standards, as reflected by the City Council’s goals and expectations, makes it plain that the City capital planning, infrastructure investments, facility improvements are a priority, including the Evanston Animal Shelter and Adoption Center (the “Shelter”); and WHEREAS, the renovations and facility improvements to the Shelter are entrenched in a larger evaluation of the City operational departments with a focus on efficiency of service resulting in a realignment of City staff roles and responsibilities; and WHEREAS, The transfer of the Animal Shelter and control operations out of the Police Department and to staff of the City Manager’s Office, is a result and reflection of the thoughtful and substantive deliberations over many years by the Evanston City Council, City staff, and community partners regarding these issues; and WHEREAS, the Parties believe it is in the best interests of both the animals, community members, the VAO and City staff members to formalize the expectations regarding customer service, shelter facility operations, and animal training and kennel enrichment activities in this agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals, the covenants, terms and conditions hereinafter set forth and other valuable consideration, the receipt and sufficiency of which are acknowledged, it is mutually agreed by the Parties hereto as follows: I. RECITALS. The Parties hereby agree that the Recitals set forth hereinabove are incorporated herein by reference, as if fully set forth herein. II. SHELTER FACILITY A. Property. The City is the fee simple owner of the Shelter and land located at 2310 Oakton Street, Evanston, Illinois 60202 (the “Property”). This Agreement is not a lease agreement and the VAO is not renting the Shelter from the City or being assessed a rental fee for use of the Shelter property. The VAO is the City’s partner to operate the Shelter and perform Services outlined above. B. Maintenance. The City as the owner of the property is responsible for all maintenance, repair, and any construction obligations relative to the Shelter and Property 266 of 432 2 and in the City’s sole discretion; it will make decisions relative to the same. C. Utilities. The City at its sole cost and expense will pay for all utilities that service the Shelter facility. D. Bulk Food Purchases. VAO will purchase bulk food and cat litter for the Shelter and submit receipts to the City for reimbursement. E. Vaccines and Rabies Tags. VAO purchases necessary equipment and medication for VAO to administer vaccines, provide rabies tags, heartworm, and flea/tick preventative care for all animals at the Shelter and will submit receipts for reimbursement from the City for said purchases. F. Fees and Operating Expenses: EASA will fund all operations assigned to it under this Agreement. G. Standard Operating Procedures. The Evanston Police Department has established an Animal Control Standard Operating Procedure Manual (the “SOP”), which are attached as Exhibit A and incorporated herein by reference. The Parties acknowledge and agree to abide by the terms of the SOP, as amended. III. TERM Subject to the provisions of this Agreement, the “Term” shall commence on the 1st day of June, 2017 (“Commencement Date”) and shall end on the 31st day of May, 2019 (two years), except as otherwise terminated as provided herein. The Agreement will be reviewed on or around the one year anniversary of the Commencement Date by the Human Services Committee of the City Council for compliance with all terms and conditions of this Agreement. IV. SERVICES AND RESPONSIBILITIES A. Services. 1. General Services. VAO shall perform the services (the “Services”) that include, but are not limited to: (a) coordinating volunteer and adoption programs; (b) coordinating and funding medical and behavioral care and training for the shelter animals; (c) providing special food and supplies for the animals and volunteer staff that is above the ordinary bulk food and supplies provided by the City; and (d) fundraising for costs to support the Shelter assigned to it under this Agreement. 2. Performance of Services. VAO shall perform the Services in a professional manner. The Parties anticipate the working hours will be Monday – Friday (except Wednesday) 6 p.m. – 8 p.m. and Saturday and Sunday 12 p.m. – 3:30 p.m., and holiday schedules of City while working and to perform its Services in a manner which does not unreasonably interfere with the City’s business and operations. This Agreement does not obligate the Parties to keep these hours and they can be amended without any revisions to this Agreement. VAO shall take all necessary precautions to assure the safety of the City’s volunteers at the Shelter engaged in the performance of the Services, all equipment and supplies used in connection therewith, and all property of City or other parties that may be affected in connection therewith. B. Fundraising. 267 of 432 3 1. VAO is a not-for-profit corporation organized under the laws of the State of Illinois. At all times during this Agreement the VAO shall be in good standing with the State of Illinois. 2. Subject to the terms of this Agreement, the City desires to engage the services of the VAO in fundraising activities on behalf of the Shelter and the City of Evanston. 3. Cancellation of Agreement. Any funds collected after the effective notice that Agreement has been canceled shall be deemed to be held in trust for the benefit of the City of Evanston without any deduction for costs or expenses. The City shall be entitled to recover all funds collected after the effective date of cancellation. 4. Description of respective obligations of fundraiser and charitable organization. In connection with VAO’s fundraising activities on behalf of the City, the VAO shall have the right to use the City’s good name and good will for the Shelter fundraising only. The VAO shall set the schedule for fundraising activities and notify the City if it’s cooperation is needed. 5. Regulatory Requirements. This Agreement is subject to the issuance of all necessary governmental permits, registrations and approvals with respect to fundraising activities contemplated by this Agreement in a timely manner by all governmental agencies having regulation over such activities. VAO shall not commence fundraising activities until compliance with all required permits, registrations and approvals. 6. Solicitation Activities and Consultation with the Board of Animal Control. In connection with all fundraising activities, VAO, its agents, servants and representatives shall not misrepresent the City’s name and activities at the Shelter in any way. VAO, its agents, servants and representatives shall, in connection with all sales and solicitations clearly state that they represent the City of Evanston Animal Shelter and Adoption Center in connection with fundraising activities on its behalf. 7. Report. VAO shall provide the City at least every three (3) months with a list of contributions made during the three month time period, events or solicitation efforts made, and upcoming events that VAO will be conducting to fundraise for the Shelter. All donor information is considered confidential information which will be preserved and protected by the City in the event of a Freedom of Information Act request. 8. Funds raised by the VAO. If this agreement is terminated, funds raised by the VAO shall revert to the City of Evanston for the purposes of caring for the City’s homeless and unwanted animals. C. Independent Contractor. VAO’s status shall be that of an independent contractor and not that of a servant, agent, or employee of City. VAO shall not hold VAO out, nor claim to be acting, as a servant, agent or employee of City except as provided for in this Agreement including but not limited to the fundraising component and animal care and service. VAO is not authorized to, and shall not, make or undertake any agreement on behalf of City without its written approval. Further, the VAO shall not be entitled to participate in any of the City’s benefits, including without limitation any health or retirement plans. The VAO shall not be entitled to any remuneration, benefits, or expenses other than as specifically provided for in this Contract. The City shall not be liable for taxes, Worker's Compensation, unemployment insurance, employers' liability, employer's FICA, social security, withholding tax, or other taxes or withholding for or on behalf of the Independent 268 of 432 4 Contractor in performing Services under this Contract. All such costs shall be VAO’s responsibility. D. Conflict of Interest. VAO represents and warrants that no prior or present services provided by VAO 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 VAO to City and consented to in writing to City. E. Ownership of Documents and Other Materials. All originals, duplicates, Excel spreadsheets, PDF, and other documents or materials required to be furnished by VAO 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 VAO. Upon the termination of this Agreement, or upon request of City, during any stage of the Services, VAO shall promptly deliver all such materials to City. F. Payment. The VAO has no right or expectation of payment for the Services performed under this Agreement by the City. G. Right to Audit. Any audit performed at the City’s request will be paid for by the City. VAO 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 agents or representatives, at all reasonable time, all records respecting the services and expenses incurred by VAO, 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 VAO is found to have been overstated, VAO 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. H. Covenant Not to Sue. VAO hereby covenants not to sue other otherwise bring any action in law or equity against the City, its elected officials, employees, or attorneys for any claims, loss, damage, expense, or liability of any nature whatsoever which VAO may sustain arising out of this Agreement and use of the City Shelter property. I. Default and Remedies. 1. Notice of Default: In the event of failure by either party to substantially perform any material term or provision of this Agreement (“Event of Default”), the non-defaulting party shall have those rights and remedies provided herein, provided that such non- defaulting party has first provided to the defaulting party a written notice of default in the manner required by Section P hereof identifying with specificity the nature of the alleged default and the manner in which said default may be satisfactorily be cured. 2. Cure of Default: Upon the receipt of the notice of default, the alleged defaulting party shall promptly commence to cure, correct, or remedy such default within a 30-day period, and shall continuously and diligently prosecute such cure, correction or remedy to completion. 269 of 432 5 3. Remedies not Exclusive: If an Event of Default occurs, which either party has not cured within the timeframe set forth in subparagraph B above, either party, at its option, may terminate this Agreement and/or may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement. 4. No Personal Liability: This Agreement is executed by the undersigned authorized agent of VAO, not personally, but solely as authorized agent of VAO, and it is expressly understood and agreed by the parties hereto, that each and all of the covenants, undertakings, representations, warranties, and agreements herein made are made and intended, not as personal covenants, undertakings, representations, and agreements of the undersigned authorized agent or of the members of the board of the VAO in their individual capacities, but as the covenants, undertakings, representations and agreements of VAO, and no personal liability or personal responsibility is assumed by, nor shall at any time be asserted or enforced against said authorized agent or any partner, officer, director, shareholder, manager, board member or agent of VAO, or under any covenant, undertaking, representation, warranty, or agreement herein contained, either expressed or implied; all such personal liability, if any, being and is expressly waived and released by the parties hereto or holder hereof, and by all persons claiming by or through or under said parties or holder hereof. In the event VAO is in breach or default with respect to VAO’s obligations or otherwise under this Agreement, the City shall look solely to VAO’s property for recovery of any judgments from VAO. J. Confidentiality. In connection with this Agreement, City may provide VAO with information to enable VAO to render the Services hereunder, or VAO may develop confidential information for City. VAO agrees to use its best judgment to treat as secret and confidential all such information whether or not identified by City as confidential. K. Freedom of Information Act. Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure within limited statutory timeframes (five (5) working days with a possible five (5) working day extension). Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the VAO’s control, the VAO shall promptly provide all requested records to the City so that the City may comply with the request within the required timeframe. The City and the VAO shall cooperate to determine what records are subject to such a request and whether or not any exemptions to the disclosure of such records, or part thereof, is applicable. 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. L. No Assignments or Subcontracts. VAO shall not assign or subcontract all or any part or its rights or obligations hereunder without City’s express prior written approval. Any attempt to do so without the City’s prior consent shall, at City’s option, be null and void and of no force or effect whatsoever. 270 of 432 6 M. Compliance with Applicable Statutes, Ordinances and Regulations. In performing the Services, VAO shall comply with all applicable federal, state, county, and municipal statutes, ordinances and regulations, at VAO’s sole cost and expense, 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 on volunteers at the Shelter. VAO shall immediately reassign any such City volunteer who in the opinion of the City does not pass the background check. N. Notices. Every notice or other communication to be given by either party to the other with respect to this Agreement, shall be in writing and shall not be effective for any purpose unless the same shall be served personally or by United States certified or registered mail, postage prepaid, addressed to the recipient as follows: City of Evanston City of Evanston Attn: City Manager Attn: Corporation Counsel 2100 Ridge Avenue 2100 Ridge Avenue Evanston, IL 60201 Evanston, IL 60201 Evanston Animal Shelter Association Attn: Vicky Pasenko and Alisa Kaplan 2310 Oakton Street Evanston, IL 60202 O. Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. P. 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. Q. 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. R. Choice of Law. The rights and duties arising under this Agreement shall be governed by the laws of the State of Illinois. Venue for any action arising out or due to this Agreement shall be in Cook County, Illinois. The City does not waive tort immunity by entering into this Agreement. S. Time. VAO agrees all time limits provided in this Agreement and any Addenda or Exhibits hereto are of essence to this Agreement. VAO shall continue to perform its obligations while any dispute concerning the Agreement is being resolved, unless otherwise directed by the City. 271 of 432 7 V. AMENDMENTS This Agreement may be modified or amended from time to time provided, however, that no such amendment or modification shall be effective unless reduced to writing and duly authorized and signed by the authorized representatives of the parties. VI. INTEGRATION This Agreement, with Exhibit A 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 the Exhibit, this Agreement shall control over the Exhibit. In no event shall any proposal or contract form submitted by VAO 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 Exhibit hereto shall be part hereof. [REMAINDER OF PAGE INTENTIONALLY BLANK] 272 of 432 8 IN WITNESS WHEREOF, the parties hereto have each approved and executed this Agreement on the later of the two dates listed below. EVANSTON ANIMAL SHELTER CITY OF EVANSTON ASSOCIATION, an Illinois an Illinois municipal corporation not-for-profit corporation By ________________________ By:___________________________ Its: President Its: City Manager Date: _______________________ Date: _________________________ 273 of 432 9 EXHIBIT A EVANSTON POLICE STANDARD OPERATING PROCEDURE MANUAL 274 of 432 AUTHORIZATION Effective June 1, 2015, this standard operating procedure manual for Animal Control is established for the members of the Evanston Police Department. By order of Richard Eddington Chief of Police 275 of 432 Animal Control STANDARD OPERATING PROCEDURE MANUAL Evanston (Illinois) Police Department 276 of 432 City of Evanston INTERDEPARTMENTAL MEMORANDUM TO: All Employees of Animal Control FROM: Chief of Police SUBJECT: Animal Control Standard Operating Procedures Manual The following Standard Operating Procedures have been established for Animal Control. The command-level employee in charge will maintain the necessary records to ensure that all employees assigned to Animal Control are in possession of and operating in accordance with the SOP manual. ___________________________ Richard Eddington Chief of Police TABLE OF CONTENTS 277 of 432 1.1 ANIMAL CONTROL FUNCTIONS 1.2 RESPONSIBILITIES OF THE ANIMAL SHELTER COORDINATOR 1.3 STATISTICS 1.4 RESPONSIBILITIES OF THE ANIMAL W ARDEN 1.5 ASSIGNED DUTIES–ANIMAL SHELTER COORDINATOR 1.6 ASSIGNED DUTIES–ANIMAL CONTROL OVERTIME CALL OUTS 1.7 OVERTIME CALLS 1.8 ASSIGNED DUTIES–ANIMAL W ARDEN 1.9 RESPONSIBILITIES OF THE SHELTER AIDE 1.10 ASSIGNED DUTIES– V.A.O. 1.11 MEAL AND BREAK POLICIES 1.12 W ORKING HOURS 1.13 ADOPTION HOURS 1.14 ANIMAL ADOPTION PROCEDURES 1.15 ADOPTIONS BY ANIMAL W ELFARE ORGANIZATIONS AND ADOPTIONS OF ANIMALS OTHER THAN DOGS AND CATS 1.16 RETURNED ADOPTIONS/UNWANTED ANIMALS 1.17 HOUSING CONSIDERATIONS 1.18 LENGTH OF STAY AT SHELTER 1.19 INJURED OR ILL ANIMALS 1.20 SERVICES RENDERED TO NORTHWESTERN UNIVERSITY, PUBLIC/PRIVATE SCHOOLS, BUSINESSES 1.21 W ILDLIFE IN RESIDENCE 1.22 W ILDLIFE TRAPPING/RELOCATING 1.23 TRAPPING W ILDLIFE/TRAP RENTAL AGREEMENT 1.24 FERAL CATS 1.25 POLICY ON PICKUP OF ANIMALS OTHER THAN DOGS AND CATS 1.26 POLICY ON ANIMALS OBTAINED DUE TO EVICTION/ABANDONMENT 1.27 ANIMALS QUARANTINED AND PLACED IN ISOLATION 1.28 DECEASED ANIMALS 1.29 DECEASED ANIMAL PICKUP 1.30 PIGEONS 1.31 HUMANE DESTRUCTION OF ANIMALS 1.32 BITE REPORTS AND RABIES FOLLOW -UPS 1.33 BITES AT ANIMAL SHELTER 1.34 SECURITY/SAFETY AT ANIMAL SHELTER 1.35 COLLECTION OF FEES 1.36 RELEASE OF PETS TO OWNERS 1.37 ANIMAL CONTROL FINES AND FEES 1.38 CITATION-W RITING PROCEDURES 1.39 DANGEROUS DOG ORDINANCE, EVANSTON CITY CODE, SECTION 9-4-17 1.40 EUTHANASIA 1.41 EUTHANASIA POLICY 1.42 ANIMALS HOUSED AT THE SHELTER 278 of 432 1.1 Animal Control Functions ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES April 1, 2014 The Animal Control Bureau assists the police department and the City of Evanston and its residents by handling animal-related situations and problems that relate to the following: Stray animals Bats Pickup of deceased animals on public property (only) Enforcement of City of Evanston Animal Ordinance Wildlife in residence (living area only) Police warrant service (narcotics raids) 279 of 432 1.2 Responsibilities of the Animal Shelter Coordinator ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 The Animal Shelter Coordinator will operate under the direction of the Office of the City Manager and will responsible to: 1. Supervise the Shelter Aide. 2. Provide support to the morning volunteers. 3. Process intake of animals who are brought to the shelter during the day (both strays and surrenders) 4. Notify the canine or feline medical directors of any animals brought to the shelter who appear to need immediate medical attention. 5. Scan animals that arrive at the shelter during the day and contact owners if possible. 6. May provide transport of animals to veterinary facilities in the case of an emergency or as agreed between the VAO and the City Manager’s Office. 7. Ensure the shelter meets all regulatory requirements in terms of licensing, including appropriate foster licenses. 8. Maintain necessary supplies at the shelter at the shelter. 9. Place work orders necessary to keep shelter facilities and equipment in proper working order. 10. Answer phone calls and greet visitors who come into the shelter during the day, relaying messages to the VAO leaders as appropriate. 11. Coordinate with the VAO to oversee any groups who come to the shelter during the day. This would include groups like CHOICE and YOU. 12. Maintain file of volunteer liability waivers and secure any necessary contact information from those files. 13. Prepare any reports required by the City Manager’s Office. 14. Perform other duties as assigned or required. 280 of 432 1.3 Statistics ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 The Animal Shelter Coordinator will maintain records necessary to complete the following reports: Monthly – Statistics on animals returned to owners, strays impounded, unwanted impounded, animal bites reported at the shelter, animals euthanized, shelter adoptions and other type of adoptions. Quarterly – Statistics on animals adopted, returned to owners, animals euthanized, and total animals handled by shelter. Reports are given to the City Manager. Annual Report – same as above (March 1 – February 28). Year-End Report – Statistics on stray dogs/cats, dogs/cats given up as unwanted, total of dogs/cats euthanized. Any other reports requested by the Office of the City Manager. 281 of 432 1.4 Responsibilities of the Animal Warden ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 The Animal Warden performs the following day-to-day activities under direct supervision of the Chief Animal Warden: Handles citizen complaints such as - Strays - Barking dogs - Defecation violations - Dogs off leash - Animals on school property - Related calls not listed pertaining to animal control and/or at the discretion of the Police Department Follows up on animal bite cases Fills out daily activity sheets for work assigned and other records pertaining to found animals, animals given up as unwanted, strays, lost- and-found books and any other daily activities on which records must be kept Issues citations for animal violations and appears in court when needed Assists veterinarians in euthanasia of animals as needed 1.4 Responsibilities of the Animal Warden ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 282 of 432 Picks up dead animals not on private property Assists citizens with removal of miscellaneous animals (wildlife) in immediate living area of house. Assists Cook County Sheriff’s Department in eviction cases involving animals Assists senior citizens and handicapped persons in animal-control matters and bringing their pets to the veterinarian for medical care (at the discretion of the Police Department) Enters data into the computer Responds (on call) to after-hours calls, as assigned Performs additional tasks, as assigned 283 of 432 1.5 Assigned Duties – Animal Shelter Coordinator ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 See the duties listed at SOP 1.2. 284 of 432 1.6 Assigned Duties – Animal Control Overtime Call Outs ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 An animal warden will be assigned all overtime calls. Only a supervisor can decide whether the warden is to be called out in response to an emergency. The animal warden can be reached by phone when on call and will be on call during alternate months. If the warden is not available at home, the Communications Operator should then call their cell. 285 of 432 1.7 Overtime Calls ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 I. Overtime A. The animal warden will be called on overtime calls. B. The animal warden will be called at home first and then their cell if no answer at home. II. Emergency Call-Outs A. The animal warden will be called for all call outs. B. An off-duty warden will be called ONLY with the approval of a supervisor. C. The following situations are suitable for call-out: 1. Injured animal (no birds, except for raptors – falcon, hawk, owl). If the animal expires before the warden arrives, the warden immediately must be notified to disregard. 2. Bat/wildlife in the LIVING AREA of a residence (not in the basement, attic, porch, crawl space, as confirmed by an officer). The officer must remain on-scene until arrival of the warden. If called away, the officer must return as soon as possible. 3. Vicious dog (a dog that attacks without being provoked) running loose (danger to the public). An officer must remain with the dog until the arrival of the warden. If the dog runs home and/or the owner is located, the officer will notify the warden to disregard and will issue a C-ticket. 4. Detective Bureau/NET (raid). D. Officers will make every effort to remain at the scene pending arrival of the warden. If called away, the officers should return as soon as possible. E. Departmental personnel requiring information may call the wardens at home, before 2200 hours and after 0630 hours. 286 of 432 ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 III. When NOT to call the Warden Wardens are NOT to be called out for dead animals unless the animal is a o Dog with no ID (no way to contact the owner). o Deer needing to be destroyed after life-threatening injury. Sanitation must be called for pickup of deer to be transported to the landfill. 287 of 432 1.8 Assigned Duties – Animal Warden ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 I. Monday – Friday Work Schedule Sign in (10-41) on-air at the beginning of the tour of duty Pick up assignments from the front desk at the police department Check voice mail for messages (also check periodically throughout the day) Handle priority calls Perform routine morning tasks: responding to citizen complaints; patrolling – for stray dogs, troubled areas, parks, beaches, schoolyards, neighborhoods needing extra attention Take lunch (102) – time will vary, based on workload Clean out vehicle Appear in ordinance court regarding animal-ordinance violations at 9:00 a.m., or at Administrative Adjudication at 1:00 p.m. as required. Perform other duties as required/assigned Check out (10-42) at end of tour of duty ORIGINAL EFFECTIVE DATE July 1, 2006 REVISION DATES June 1, 2015 E. Completes morning assignments after receiving morning calls 288 of 432 F. Takes half-hour lunch (102), between 11:00 a.m. and 12:30 p.m. G. Continues afternoon calls and finishes any calls left over from morning; patrols for strays H. Performs other duties as required or assigned 289 of 432 1.9 Responsibilities of the Shelter Aide ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 I. It is the responsibility of the Shelter Aide to provide (Monday-Friday, 8:00 a.m. to Noon (12:00 p.m.) the following: A. Maintenance of the shelter and grounds B. Cleaning of the kennel areas C. Handling and caring for the animals D. Answering phone and checking voice mail as requested by the shelter coordinator. E. Handling citizen inquiries and disseminating information as requested by the shelter coordinator. F. Handling licensing as requested by the shelter coordinator. II. When the Shelter Aide is off the Shelter Coordinator will request support from the volunteers to handle the responsibilities. 290 of 432 1.10 Assigned Duties – V.A.O. ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 The V.A.O. aims to: To support animal rescue efforts in the City of Evanston To promote and encourage the humane treatment of animals through the education of the community To provide for the needs of animals at the Shelter, to include: medical care, food, socialization and safety To place animals in safe, healthful environments, as measured by established adoption guidelines To raise funds to provide for medical care and supplies for the animals, and to otherwise further the aims of the V.A.O. Coordinate volunteer and adoption programs at the Evanston Animal Shelter. The V.A.O. is a not-for-profit volunteer organization dedicated to promoting the humane treatment of domestic pets through public education and active involvement with abused and abandoned animals brought to the Evanston Animal Shelter. V.A.O. volunteers staff the Animal Shelter on weekdays, evenings, all day on weekends/holidays. V.A.O. volunteers provide care of shelter animals and perform some general housekeeping chores. 291 of 432 1.11 Meal and Break Policy ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 The Animal Control Warden may take one 30-minute meal-break and two 15- minute breaks per tour of duty at any time that does not conflict with Animal Control activity. Under extenuating circumstances, the meal-break may be extended to an hour by foregoing the two 15-minute breaks allotted to that tour of duty. The warden must notify Communications when signing off for a meal or a break, and must clear with Communications when returning to work. 292 of 432 1.12 Working Hours ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 I. The Animal Shelter is open seven days/week, with one warden handling Animal Control and a part-time Shelter Aide taking care of the shelter. The following work-schedule is in effect: A. Shelter Aide Monday – Friday (Year Round) 1. 0800 hours start time 2. 1200 hours end tour of duty B. Shelter Coordinator Monday – Friday 1. 0830 2. 1700 C. Schedules may change, based upon staffing availability. The Animal Warden will advise the Deputy Chief, Patrol Division, should the work-schedule need adjustment. 293 of 432 1.13 Adoption Hours ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 V.A.O. handles dog/cat adoptions during the following hours: Monday – Friday (except Wednesday) 6pm-8pm Saturday/Sunday 12pm-330pm Adoption hours may be adjusted depending on adoption traffic patterns and staff availability. 294 of 432 1.14 Animal Adoption Procedures ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 The following procedures must be followed when adopting animals from the Animal Shelter: V.A.O. handles adoption procedures and can refuse adoption for various reasons. However, the City of Evanston does have the final decision. All animals adopted from the Shelter will be micro-chipped and spayed/neutered before final adoption/exceptions rescues (No Chip) V.A.O. will pay license fees due to the City of Evanston. 295 of 432 1.15 Transfer to Outside Rescue Organizations and Handling of Animals Other Than Dogs and Cats ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 Rescue organizations sometimes assist the V.A.O. by taking certain dogs. Dogs identified for rescue will be spayed/neutered and given shots prior to transfer. At no time will the City of Evanston give any animal to any group or organization that would use the animal for experiments/tests. Domestic animals such as rabbits, guinea pigs, mice, rats, hamsters, ferrets, turtles, snakes, etc. obtained by the City of Evanston will be placed with species- specific rescue organizations known to the Animal Shelter. 296 of 432 1.16 Returned Adoptions/Unwanted Animals ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 The shelter will accept RETURN ADOPTIONS. The shelter accepts animals surrendered by Evanston residents. It reserves the right to refuse admission to animals because of severed/untreatable health issues, bite history, or other history of aggression. If there is no space at the shelter, a waiting list will be maintained. The V.A.O. will ask for a donation for surrendered animals and will not turn residents away if they cannot provide a donation. The individual accepting the animal into the shelter will discuss the issues that require the animal to be surrendered and provide assistance to allow it to remain home if possible. The remains of Evanston residents’ pets that have died at home may be brought into the shelter for disposal. The fee for this service is $20. The Animal Control Warden will handle this. 297 of 432 1.17 Housing Considerations ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 In cases of full capacity the shelter will use foster homes or add temporary cages as needed. 298 of 432 1.18 Length of Stay at Shelter ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 Every effort will be made to limit the number of days animals are housed in the shelter through use of foster homes, rescues, etc. Animals in foster care may be brought back to the shelter for adoption or adopted directly from the foster home. 299 of 432 1.19 Injured or Ill Animals ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 An injured/ill domestic animal picked up by the wardens or police officers will be transported directly to a designated veterinarian for care and treatment. If the veterinarian believes the animal can be saved and subsequently will enjoy a quality life, the following measures will be taken with regard to medical costs: If the animal was recovered as a result of a police cruelty investigation, initial treatment for basic supportive care and any special testing necessary for prosecution will be the responsibility of the City of Evanston. If long term care or specialty medical treatment is necessary for recovery, a meeting will be held with a representative of the City of Evanston and V.A.O. to determine a plan of action and responsibility for any additional costs. V.A.O. will be responsible for the initial basic supportive care of all other injured or ill domestic animals. As soon as practical, V.A.O.’s Medical Director (Canine or Feline) will be contacted and advised of the situation. Responsibility for additional medical care and costs will be determined on a case by case basis by a representative of V.A.O. If an owner is located, they will assume financial responsibility for initial supportive measures already taken and any additional costs. Should the veterinarian advise euthanasia, the City of Evanston will be responsible for the cost. All severely injured animals will be taken to emergency vet after hours: Blue Perl 3735 Dempster St. Skokie, IL. 60076 (847) 673-9110 300 of 432 1.20 Services Rendered to Northwestern University, Public/Private Schools, Business ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 Schools/businesses are responsible for providing Animal Control with the name of a representative of the school/business to show the location of any calls. I. Stray Dogs on School/Business Properties Animal Control will assist in picking up stray dogs at school/business properties. If a stray eludes capture and later is sighted again on a school or a business property, it will be the responsibility of the school/business to notify Animal Control of the dog’s return and location, and to assist Animal Control in capturing the stray. Note: Stray dogs will be picked up at Northwestern University ONLY if they are already caught and held by Campus Security. II. Wildlife in Private Schools A. Private schools will be responsible for capturing (and releasing, if applicable) any wildlife that has entered its buildings. B. Animal Control will provide the names of live trap services. III. Private Trappers A private trapper will assist in handling calls involving skunks. Animal Control will provide the phone numbers of several private trappers to assist in handling wildlife calls. IV. Injured Animals on School/Business Property A. Animal Control will pick up any injured animal on school or business property. B. Animal Control will pick up ONLY injured dogs and cats from Northwestern University. The university will handle all other injured wildlife. 301 of 432 1.21 Wildlife in Residence ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 I. Animal Control will remove wildlife (birds, bats, raccoons, etc.) from a private residence only ONCE, and then only from the LIVING AREA (not from basements, chimneys, crawl spaces, attics, etc.). The homeowner will be advised how to prevent recurrence of the problem (cap all chimneys, make necessary repairs, etc.). If there is a subsequent instance of wildlife in the residence, the homeowner will be referred to a licensed trapper. A log will be kept of wildlife-in-residence incidents. II. All instances of wildlife in residential spaces at schools (including university dorms) and businesses will be referred to a private trapper for removal of the animal. 302 of 432 1.22 Wildlife Trapping ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 I. The City of Evanston no longer will participate in renting traps to citizens. Animal Control will give referrals to citizens needing that service. 303 of 432 1.23 Trapping Wildlife/Trap Rental Agreement ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES April 1, 2014 Type of Trap Deposit User Fee Borrowers Agreement The City of Evanston no longer participates is this service. 304 of 432 1.24 Feral Cats ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 The VAO will work with the Board of Animal Control and Animal Control to develop a comprehensive policy for handling feral cats. 305 of 432 1.25 Policy on Pickup of Animals Other Than Dogs and Cats ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 The shelter is not equipped to handle animals other than dogs/cats. Therefore, the owners of a non-canine/non-feline pet are responsible for seeking out alternate resources. The shelter will help with suggestions. 306 of 432 1.26 Policy on Animals Obtained Due to Eviction/Abandonment ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 I. Eviction When Animal Control assists the Cook County Sheriff’s Department with an eviction, the sheriff must sign a give-up card so that the City of Evanston will not be held responsible. An animal obtained as the result of an eviction will be held for a period of not less than a week, so long as the health of the animal permits it. If an animal remains unclaimed by its owner at the close of the one-week holding period the City of Evanston can adopt, foster rescue or euthanize said animal. II. Animal Abandonment If the owner of a property signs a give-up inventory card, Animal Control will remove/assist in removing any abandoned animal from that owner’s property. The animal will be held for one week, to give its owner a chance to reclaim the pet by paying all boarding, pickup, and procedural fees required by state and local ordinances. 307 of 432 1.27 Animals Quarantined and Placed in Isolation ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 Medical protocols change constantly depending on space, circumstances, and new research on best practices in animal sheltering. Each situation would be addressed on the circumstances that exist at the time and the VAO would work with the veterinarian staff to handle appropriately. 308 of 432 1.28 Deceased Animals ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 All deceased dogs, cats and wildlife on city property, and deceased dogs on private property but not owned by the resident, will be picked up as soon as possible by Animal Control and brought to the shelter. All deceased wildlife and cats on private property are the responsibility of the property-owner. The city recommends putting the deceased animals in a plastic garbage bag, securing the bag with a twist tie, and placing it in the garbage for pickup by the Department of Streets and Sanitation. Animals found dead in garbage cans are the property-owner’s responsibility. Residents who wish to bring in their deceased pets may do so by calling Animal Control and making an appointment. There is a $20.00 fee. Under special circumstances it may be waived by the Animal Warden. 309 of 432 1.29 Deceased Animal Pickup ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 All dead animals picked up on city property (streets, alleys, parkways, etc.) will be stored with euthanized animals at the Animal Shelter until the pickup service arrives. The Evanston Health Department is responsible for picking up rats. 310 of 432 1.30 Pigeons ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 It is the responsibility of the property owner to get rid of pigeons on the property by hiring a professional. Animal Control will assist with referrals. 311 of 432 1.31 Animal Tranquilizer Equipment ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 I. Animal Tranquilizer Gun/Drugs A. The tranquilizer gun will be used only with the approval of the Deputy Chief, Field Operations Division, or his/her designee. B. Only the Animal Warden is authorized to use the tranquilizer equipment, and only with consent and approval of the Deputy Chief, Field Operations Division. This equipment is at all times kept in a locked security closet. C. Only animals that are a nuisance and create a serious problem will be tranquilized. If an animal has tags or other means of identification, it will not be tranquilized except under the most critical of circumstances. II. Drug Dosages A. 22 pound dosage – 1 cc Rompun – ½ cc Kedamine 10 B. 33 pound dosage – 1.5 cc Rompun – ¾ cc Kedamine 10 C. 44 pound dosage – 2 cc Rompun – 1 cc Kedamine 10 D. 55 pound dosage – 2.5 cc Rompun – 1 ¼ cc Kedamine 10 E. 66 pound dosage – 3 cc Rompun – 1 ½ cc Kedamine 10 F. 77 pound dosage – 3.5 cc Rompun – 1 ¾ cc Kedamine 10 G. 88 pound dosage – 4 cc Rompun – 2 cc Kedamine 10 H. 99 pound dosage – 4.5 cc Rompun – 2 ¼ cc Kedamine 10 I. 110 pound dosage – ½ cc Rompun – 2 ½ cc Kedamine (3cc dart) III. The drugs Kedamine and Rompun can be purchased only through a licensed veterinarian and we must have the veterinarian’s approval to purchase these drugs under his direction. 312 of 432 1.32 Bite Reports and Rabies Follow-Ups ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 I. Bite Reports The owner of a biting animal who fails to make any of the required visits is liable for fines ranging from $25/day to $500/day for each day he fails to do so. II. Rabies Follow-Ups Rabies follow-ups routinely will be handled by both the Chief Animal Warden and the Animal Warden. A copy of the bite report for all noncompliance owners of biting animals will be faxed to Cook County Rabies Control for further follow up. Cook County’s Fax number is (708) 974-6046. The report will be faxed even if citations were issued by Animal Control. 313 of 432 1.33 Bites at Animal Shelter ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 I. Bites at the Animal Shelter and Its Environs A. An incident report must be made if medical attention is sought or if an animal bite/scratch is of a serious nature. B. If a warden or the Shelter Aide is bitten, an on-the-job injury report or first aid report will be submitted through the proper channels. C. The Animal Warden will review the circumstances of the bite/scratch to determine if any further action is necessary. D. Any animal that has seriously bitten someone must be held under observation for a period of 10 days, under terms of the Cook County Rabies Law. E. A biting animal that is deemed too dangerous to be held for the 10-day holding period will be euthanized and sent in for further testing to Cook County Rabies. 314 of 432 1.34 Security/Safety at Animal Shelter ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 I. Security/Safety Procedures A. General 1. Only shelter employees, volunteers, or police officers may use the south entrance to the building. 2. Cages of animals will contain information about the handle ability of the animal. B. Visitor protocol 1. All visitors will check in at the front desk. 2. Visitors will be supervised at all times by the Animal Shelter Coordinator or personnel/volunteers. 3. Children will not be admitted to the shelter without parental or adult supervision 4. Visitors will refrain from removing animals from cages. 5. No visitors will be allowed access to areas that have just been cleaned, i.e. areas where the floors are wet. C. Volunteers 1. The Shelter Coordinator will maintain a file of volunteer waivers and secure necessary volunteer contact information from those forms. 2. May be restricted from areas of the shelter due to safety concerns, etc. 315 of 432 1.34 Security/Safety at Animal Shelter (cont’d) ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 A. For police officers access the shelter only with the permission of a supervisor. Note: The supervisor will obtain the alarm code at the Service Desk, along with a copy of the after-hours procedures. B. Secure the animal in a cage and supply with water (bowls in kitchen). C. Leave a note in the office, indicating where and when the animal was found, along with a description of the circumstances. D. If an officer takes an injured dog/cat to one of the designated veterinarians, the officer will leave a note with the description of the animal and circumstances (where and when animal found) in the Animal Warden bin at the front desk of the police station. 316 of 432 1.35 Collection of Fees ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 I. Procedures for Collection of Monies A. Monies collected (for adoptions, pickup, boarding, licenses) are to be kept in a security closet until further processed. II. Procedures for Submitting Collected Monies to the City Collector A. Submit animal license forms with the monies attached. B. Submit paid tickets with the monies attached. 317 of 432 1.36 Release of Pets to Owners ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 I. Procedures A. The City of Evanston will hold stray dogs/cats for seven days, pending pickup by owner. B. Identification of lost pets is made through ID tags, rabies tags, veterinarian tags, city-issued animal licenses, implanted microchips. C. Owners will be contacted by phone or other available means. If that proves impossible, and if the owner lives in Evanston, the animal shelter coordinator will coordinate with the animal warden in order to leave a note at the owner’s home, asking that she/he contact the shelter. D. Stray dogs and cats will be returned to their owners (or a representative of the owner) as soon as possible. II. Return of Lost Pets A. No animal will be released to its owner (or the owner’s representative) without proof that the animal is current on its rabies vaccination. If the animal is not current, the shelter coordinator or the volunteers will arrange with the owners to have the animal vaccinated by a licensed veterinarian. The owner will supply collateral to ensure the return with the animal and the appropriate documentation. B. An animal will be released to its owner (or his representative) only after being licensed by the City of Evanston (if applicable) and only after all fees have been paid. 318 of 432 1.37 Fines and Fees ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 l. When animals are returned to their owners the following fees will be retained by the VAO. A. Pickup-$10 B. Boarding-$10/day ll. License fees shall be collected by the VAO and paid to the City of Evanston on a monthly basis. lll. All fines for violations issued by Animal Control will be paid directly to the City of Evanston and will not be handled by the Shelter Coordinator or the VA O. 319 of 432 1.38 Citation-Writing Procedures ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 I. Procedures A. Animal Ordinance Citations are issued on “C” (citation) tickets by wardens, police officers, and park officers. Citations can be signed by citizens. B. When a hearing is mandatory, a copy of the violation will be left for the violator, with a copy sent to the Hearing Division, the officer’s star number, the names, addresses and home/work phone numbers of witnesses. The witnesses will be notified of the court date and time. C. A copy of every citation written by police/park officers must be sent to Animal Control. II. Violators’ Payment-Options A. At the discretion of the Warden citations may be set for a mandatory hearing date in lieu of a fine. B. Violators who have chosen to decline a hearing must pay the fine within 10 days, either at the Civic Center or at the shelter. If the fine is not paid during this period, a hearing appearance will be mandatory. 320 of 432 1.39 Dangerous Dog Ordinance, Evanston City Code, Section 9-4-17 ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 I. Dangerous Dog Ordinance A. Section 9-4-17(I) of the City Code (attached) (1) defines a dangerous dog, (2) places restrictions on the movements of such dogs and the actions of their owners, and (3) endeavors to prevent the animal’s causing injury to humans, other domestic animals, and property. B. The Animal Control Bureau has primary responsibility for enforcement of the Dangerous Dog Ordinance and for monitoring compliance with its provisions once a dog has been classified “dangerous”. II. Incident Reporting A. Wardens will submit an incident report whenever they observe conditions defined by the city’s Dangerous Dogs Ordinance, or have such conditions reported to them. The wardens also will perform supplemental follow-up investigations as required. All reports will be turned in at the Service Desk. B. The Animal Warden will maintain a file on each incident involving an identified dangerous dog and owner. III. Administrative Review Process Following review of the file and declaration of the dog as “dangerous”, the Deputy Chief of Field Operations Division, will notify the owner of the animal, in writing, that the dog has been declared dangerous. The Deputy Chief also will notify the city’s finance director, who is responsible for issuing animal permits (licenses). IV. Appeal of the Danger Dog Designation A. The owner of the dog may appeal the dangerous-dog designation to the chief of police. Both appeal and response will be in accordance with the provisions outlined in Section 9-4-17(I) of the City Code. B. Following appeal, the owner of the dangerous dog will have 30 days in which to comply with the provisions of Section 9-4-17 of the City Code. C. If, at the close of the compliance period, it is deemed that the terms of compliance have not been met, the Animal Warden will be authorized to take enforcement action. 321 of 432 1.39 Dangerous Dog Ordinance, Evanston City Code, Section 9-4-17 (cont’d) ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 V. Notification to Members As dogs are declared/adjudicated “dangerous”, the Deputy Chief, Patrol Division, will disseminate, via departmental bulletin, information identifying the dog, its owner, and where the dog is housed. At that time, as violations of the ordinance are observed, the burden of enforcement will be shared by the Field Operations personnel and Animal Control personnel. VI. Administrative Reporting The Animal Warden each month will report to the Deputy Chief, Patrol Division, both the number of dangerous-dog incidents reported during the past month and the number of citations issued for Dangerous Dog Ordinance violations. 322 of 432 1.40 Euthanasia ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 Severely injured or ill wildlife will be euthanized by a local veterinarian, as needed. Severely injured or critically ill dogs and cats will be euthanized immediately if death is imminent and euthanasia is necessary to alleviate suffering. Injured or ill skunks will not be transported to a veterinarian for euthanasia. If the movement of the skunk can be contained, the professional services of: Animal Control Specialists 2975 North Milwaukee Ave. Northbrook, IL 60062 847/827-7800 Aside from the above-described instances, the decision to euthanize will be on a case-by-case basis. If the Animal Warden and V.A.O. do not agree that euthanasia is appropriate in a specific instance, the City Manager, will resolve the conflict. 323 of 432 1.41 Euthanasia Policy ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 Every effort will be made to achieve the live release of any adoptable animal. The VAO will work with the City of Evanston to optimally utilize the shelter space and to find alternatives to euthanasia. 324 of 432 1.42 Animals Housed at the Shelter ORIGINAL EFFECTIVE DATE: July 1, 2006 REVISION DATES June 1, 2015 If an animal is removed from the shelter grounds for reasons other than adoption (foster care, transport to a veterinarian for treatment, etc.), the reason for the removal must be documented on the cage before the animal leaves the shelter premises. If an animal is discovered to be missing and there is no documented reason for it to be away from the shelter premises, a police report will be filed and an investigation initiated. 325 of 432 For City Council meeting of March 13, 2017 Item H2 Resolution 16-R-17, Agreement with EASA to Fund Operations at Animal Shelter For Action To: Honorable Mayor and Members of the City Council From: Wally Bobkiewicz, City Manager Maleka Sumar, Management Analyst Subject: Resolution 16-R-17, Agreement with EASA to Fund Operations at the Evanston Animal Shelter Date: February 27, 2017 Recommended Action: Staff recommends City Council adoption of Resolution 16-R-17, authorizing the City Manager to negotiate and execute an agreement between the City of Evanston and the Evanston Animal Shelter Association (EASA) to fund part-time positions for the operations of the Evanston Animal Shelter. The total cost of this agreement would be $65,000 per year and the agreement would run for a period of two years (June 1, 2017 – May 31, 2019) concurrent with the Volunteer Animal Organization Agreement. Funding Source: Funding for this agreement will be provided by Account 100.22.2280.62509 with a 2017 budget of $185,000. Livability Benefit: Equity and Empowerment: support quality human service programs Background: On October 12, 2015, the City Council Approved Resolution 97-R-15, authorizing the City Manager to negotiate and execute a Grant Agreement with the Evanston Animal Shelter Association to Fund Operations at the Evanston Animal Shelter for an amount of $65,000 per year for a period of two years. EASA seeks grant funds from the City of Evanston to fund its operations and salaries for part-time staff members to serve as animal coordinators and kennel assistants. It is in the best interest of the City to continue this partnership and further its community expectations and standards of providing a high quality and safe environment for pets to be sheltered and adopted. Memorandum 326 of 432 Summary: On February 15, 2017, the Animal Welfare Board voted to recommend the enclosed Resolution 16-R-17 to the Human Services Committee. On March 6, 2017, the Human Services Committee voted to recommend the enclosed Resolution 16-R-17 to the City Council. Attachment: Resolution 16-R-17 327 of 432 2/2/2017 16-R-17 A RESOLUTION Authorizing the City Manager to Negotiate and Execute a Grant Agreement with EASA to Fund Operations at the Evanston Animal Shelter WHEREAS, Ordinance 54-O-14 created the Animal Welfare Board to provide direction and guidance for the Evanston Animal Shelter located at 2310 Oakton Street (the “Shelter”); and WHEREAS, the City Council also adopted 56-R-15 to authorize the Evanston Animal Shelter Association (“EASA”), an Illinois not-for-profit corporation, to serve as the City’s Volunteer Animal organization for the Shelter; and WHEREAS, EASA seeks grant funds from the City of Evanston to fund its operations and salaries for part-time staff members to serve as animal coordinators and kennel assistants; and WHEREAS, the City Council of the City of Evanston finds the best interests of the City are served to execute a Grant Agreement with EASA to financially support EASA’s efforts to provide safe and quality services to the animals in its care at the Shelter, NOW, THEREFORE, 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 execute the Grant Agreement (the “Agreement”) by and between the City of Evanston and Evanston Animal Shelter Association, the Agreement is attached hereto as Exhibit 1 328 of 432 16-R-17 ~2~ and incorporated herein by reference. The grant funds will be distributed every six months for a two-year period to coincide with the term that EASA will continue its service as the Volunteer Animal Organization Agreement. Each grant installment is $32,500 for a total grant of $130,000. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any remaining terms of the Agreement as he may be deem to be in the best interests of the City. SECTION 3: That this Resolution 16-R-17 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2017 329 of 432 16-R-17 ~3~ EXHIBIT 1 GRANT AGREEMENT 330 of 432 GRANT AGREEMENT THIS GRANT AGREEMENT (the “Agreement”) is entered into on this ___ day of ____________, 2017 (“Effective Date”), by and between the City of Evanston, an Illinois home rule municipality, (“City”), and Evanston Animal Shelter Association, an Illinois not-for-profit corporation (“EASA”) (individually, the City and EASA are referred to herein as “Party” and collectively, they are referred to as the “Parties”). RECITALS WHEREAS, the City selected EASA to serve as the Volunteer Animal Organization to run the Evanston Animal Shelter (the “Shelter”) at 2310 Oakton Street for a two year term June 1, 2017 - May 31, 2019; and WHEREAS, EASA seeks funding to support its work at the Shelter and seeks grant funding from the City of Evanston in the amount of $65,000 annually through the end the term of the Volunteer Animal Organization Agreement, to allow EASA to retain part-time staff members to oversee operations at the Shelter; and WHEREAS, the City Council of the City of Evanston finds the best interests of the City include financial support of EASA’s efforts to provide safe and quality services to the animals in its care at the Shelter; and WHEREAS, the City has authorized City staff to manage and administer this Grant Agreement on behalf of the City including, without limitation, authorizing the City Manager to execute this Agreement with EASA, thereby establishing terms, conditions, and requirements for participation in this Agreement, NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and the mutual obligations of the Parties as follows: AGREEMENT I. TERMS OF GRANT a. EASA will utilize the grant funds to retain part-time employees that perform functions related to an animal coordinator and kennel assistant for the EASA to handle the operations at the Shelter. The grant funds will also be utilized to pay for associated employee costs, including overtime pay, liability insurance and payroll processing costs. The brief job descriptions for the proposed EASA employees are attached as Exhibit A and incorporated herein. b. Commencing on June 1, 2017, City shall disburse the grant funds in six (6) month installments of $32,500 through the end of the Term according to the following schedule: 331 of 432 ~2~ Payment Date Payment Amount 6/1/2017 $32,500 1/1/2018 $32,500 6/1/2018 $32,500 1/1/2019 $32,500 Total Disbursements under this Grant Agreement: $130,000 c. Prior to disbursement of the installments, the authorized City staff member staff shall review EASA’s payroll records every six months and confirm that the grant funds are utilized solely for the expenses outlined in Section I(a). In addition, EASA cannot be in default of any term of the Volunteer Animal Organization Agreement between the Parties prior to a disbursement. Any defaults of this Agreement or the Volunteer Animal Organization Agreement shall be cured prior to disbursement of funds. II. COMPLIANCE WITH LAW EASA agrees to comply with all the requirements now or hereafter in force, of all municipal, county, state and federal authorities, pertaining to the development and use of the Property and construction of the Project, as well as operations conducted on the Property. The Director will not issue any Grant funds to the EASA if there is in violation of any law, ordinance, code, regulation, or permit. The City agrees to cooperate and assist EASA in such compliance if the assistance of the City is required. III. NOTICES All notices permitted or required hereunder must be in writing and shall be effected by (i) personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, or (iii) reputable same-day or overnight delivery service that provides a receipt showing date and time of delivery, addressed to the following parties, or to such other address as any party may, from time to time, designate in writing in the manner as provided herein: To City: City of Evanston 2100 Ridge Avenue Evanston, IL 60201 Attn: City Manager With a copy to: City of Evanston 2100 Ridge Avenue, Room 4400 Evanston, IL 60201 Attn: Corporation Counsel 332 of 432 ~3~ To EASA: Evanston Animal Shelter Association Attn: Vicky Pasenko and Alisa Kaplan 2310 Oakton Street Evanston, IL 60202 Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service to the addresses above, and shall be deemed received on the third day from the date it is postmarked if delivered b y registered or certified mail. IV. DEFAULT; REMEDIES; DISPUTE RESOLUTION a. Notice of Default. In the event of failure by either party hereto substantially to perform any material term or provision of this Agreement, the non-defaulting party shall have those rights and remedies provided herein, provided that such non-defaulting party has first provided to the defaulting party a written notice of default in the manner required herein identifying with specificity the nature of the alleged default and the manner in which said default may be satisfactorily be cured. b. Cure of Default Upon the receipt of the notice of default, the alleged defaulting party shall promptly commence to cure, correct, or remedy such default within 90 days and shall continuously and diligently prosecute such cure, correction or remedy to completion. c. City Remedies; Refund of Grant. In the event of a material default by EASA of the terms of this Agreement that has not been cured within the time frame set forth in Paragraph b above, the City, at its option, may terminate this Agreement or may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement. In the event of a default by EASA that occurs after the City has disbursed any Grant funds, the total of such installment of the grant, shall be refunded to the City. d. EASA’s Exclusive Remedies. The parties acknowledge that the City would not have entered into this Agreement if it were to be liable in damages under, or with respect to, this Agreement or any of the matters referred to herein. Accordingly, EASA shall not be entitled to damages or monetary relief for any breach of this Agreement by the City or arising out of or connected with any dispute, controversy, or issue between EASA and the City regarding this Agreement or any of the matters 333 of 432 ~4~ referred to herein, the parties agreeing that declaratory and injunctive relief, mandamus, and specific performance shall be EASA’s sole and exclusive judicial remedies except for any willful misconduct of the City, or its respective officers, officials, representatives, active employees, contractors or agents. V. APPLICABLE LAW AND BINDING EFFECT The laws of the State of Illinois without regard to principles of conflicts of law shall govern the interpretation and enforcement of this Agreement. This Agreement, and the terms, provisions, promises, covenants and conditions hereof, shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. EASA hereby represents that the persons executing this Agreement on behalf of EASA have full authority to do so and to bind EASA to perform pursuant to the terms and conditions of this Agreement. VI. COUNTERPARTS This Agreement may be executed by each party on a separate signature page, and when the executed signature pages are combined, shall constitute one single instrument. VII. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS a. This Agreement and the Exhibit express all understandings of the parties concerning the matters covered in this Agreement. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto. b. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the City or the EASA, and all amendments hereto must be in writing and signed by the appropriate authorities of the City and the EASA. VIII. NON-ASSIGNMENT EASA shall not assign the obligations under this Agreement, nor any monies due or to become due, without the City’s prior written approval, and EASA proposed assignee’s execution of an assignment and assumption agreement in a form approved by the City. Any assignment in violation of this paragraph is grounds for breach of this Agreement, at the sole discretion of the City Manager. In no event shall any putative assignment create a contractual relationship between the City and any putative assignee. IX. NO WAIVER No failure of either the City or EASA to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this 334 of 432 ~5~ Agreement, shall constitute a waiver of any such breach or of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect. IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date first written above. THE CITY OF EVANSTON, an Illinois home rule municipal corporation By: _________________________________ Its: City Manager, Wally Bobkiewicz EVANSTON ANIMAL SHELTER ASSOCIATION an Illinois not-for-profit corporation By: _________________________________ Its: President Print Name: ___________________________ 335 of 432 ~6~ EXHIBIT A EASA Part-Time Employee Job Descriptions Role #1: Animal Shelter Coordinator I 8:30 a.m. to 1:30 p.m. 25 hours per week 5 hours per day Monday through Friday This role would include the following: Coordinating the activities of the morning volunteers, providing guidance and direction as necessary Greeting the public as required Answering the phone and responding to questions or taking messages as necessary Intake of any animals as required, providing options when we can’t take the animal Returning animals to owners following prescribed guidelines Identifying animals that need immediate medical attention; contacting the appropriate medical coordinators for guidance and possibly transporting the animals to a vet Accepting donations and putting them away Ensuring the shelter and grounds are clean and tidy Coordinate with the afternoon staff member to maintain a list of needed supplies Other duties as assigned or required Role #2: Animal Shelter Coordinator II 1:15 pm through 6:15 pm 25 hours per week 5 hours per day Monday through Friday Greeting the public as required Answering the phone and responding to questions or taking message as necessary Intake of any animals as required, providing options when we can’t take the animal Returning animals to owners following prescribed guidelines Identifying animals that need immediate medical attention; contacting the appropriate medical coordinator for guidance and possibly transporting the animals to a vet Accepting donations and putting them away Ensuring the shelter and grounds are clean and tidy Coordinating with the afternoon staff member to determine needed supplies and placing orders to ensure needed supplies are on hand at all times Maintaining computer records including but not limited to: Database of volunteers, database of donors, inventory of animals, Maintain shelter files Other duties as assigned or required 336 of 432 ~7~ Role #3: Kennel Assistant 8:00 am through 12:00 pm 20 hours per week 4 hours per day Monday through Friday Walking and socializing dogs Cleaning and disinfecting cages Assisting in the cleaning and maintenance of the facility Other duties as assigned or required 337 of 432 For City Council meeting of March 13, 2017 Item H3 Resolution 25-R-17: Honorary Street Name Sign Rev. Zollie Webb Way For Action To: Honorable Mayor and Members of the City Council From: Parks, Recreation and Community Services Board Lawrence C. Hemingway, PRCS Director Subject: Resolution 25-R-17, Designating the Portion of Foster Street between Hartrey Avenue and Emerson St with the Honorary Street Name Sign, “Rev. Zollie Webb Way” Date: March 13, 2017 Recommended Action: The Parks, Recreation and Community Services Board recommend adoption of Resolution 25-R-17, naming the portion of Foster Street between Hartrey Avenue and Emerson St, with the honorary street name sign, “Rev. Zollie Webb Way”. Funding Source: Funds for the honorary street name sign program is budgeted in the Public Works Agency, Infrastructure and Maintenance Bureau - Traffic Operations' materials fund (Account 100.40.4520.65115). Three street signs are made for the honoree. One sign is installed at each end of the designated one block area and the third sign is given to the honoree. The approximate cost to create each honorary street name sign is $200. Livability Benefits: Education, Arts & Community: Promote a cohesive and connected community Summary: The Honorary Street Name Sign program was established in 1996 to allow citizens the opportunity to honor individuals or groups that have made significant contributions to the City. The program is administered by the Parks, Recreation and Community Services Board through the Parks, Recreation and Community Services Department. The request for an honorary designation has to originate with an Alderman and each Alderman may have one honorary designation approved each year. Honorary street name signs are displayed for a period of ten-years and the portion of a street so designated is one block long. Memorandum 338 of 432 Legislative History: At their March 6, 2017 meeting, the Human Services Committee recommended approval of Resolution 25-R-17 designating the honorary street name sign “Rev. Zollie Webb Way”. ------------------------------------------------------------------------------------- Attachments: Resolution 25-R-17 Honorary Street Name Sign Application for Rev. Zollie Webb 339 of 432 3/1/2017 25-R-17 A RESOLUTION Designating that Portion of Foster Street Between Hartrey Avenue and Emerson Street with the Honorary Street Name Sign, “Rev. Zollie Webb Way” WHEREAS, Reverend Zollie Webb served as the Pastor of Friendship Baptist Church at 2201 Foster Street in Evanston, IL for 34 years; and WHEREAS, Reverend Webb served on the African American Ministerial Alliance and forged deeper relationships between all of the 40 African American churches in Evanston; and WHEREAS, Reverend Webb was employed by the City of Evanston for 25 years and is presently retired from the position of the City of Evanston’s Community Outreach Coordinator in the Department of Parks, Recreation and Community Services; and WHEREAS, Reverend Webb served as a foster parent for 54 young men; and WHEREAS, Reverend Webb organized and developed a community choir that raised funds annually, to help support the Mayor’s Summer Youth Employment program during the summer. He continues to support the community by participating in community organizations and events; and WHEREAS, Reverend Webb serves as National Youth Director of the National Baptist Convention USA, 340 of 432 25-R-17 ~2~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: On behalf of the entire citizenry of the City of Evanston, the City Council hereby expresses appreciation for Reverend Zollie Webb by designating that portion of Foster Street between Hartrey Avenue and Emerson Street “Rev. Zollie Webb Way.” SECTION 3: This Resolution 25-R-17 will be in full force and effect from and after the date of its passage and approval in the manner provided by law. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2017 341 of 432 Parks, Recreation and Community Services Department 2100 Ridge Avenue Evanston, Illinois 60201 T 847.866.2914 TTY 847.448.8064 www.cityofevanston.org City of Evanston Honorary Street Name Sign Application Form PURPOSE OF PROGRAM: The Honorary Street Name Sign Program allows citizens the opportunity to honor people who have made significant contributions to the City. The program is administered by the Parks, Recreation and Community Services Board through the Parks, Recreation and Community Services Department. Street names will be displayed for a period of ten-years. No more than one designation may be awarded in each ward per year. The portion of a street so designated will be one block long. Final approval is granted by the Evanston City Council. PLEASE FILL OUT THE APPLICATION BELOW: NAME OF HONOREE: Rev. Zollie Webb Way (as it would appear on the street sign) PROPER STREET NAME: 2201 Foster Street INTERSECTING STREETS AT EACH END OF THE ONE BLOCK AREA: Hartrey and Emerson PLEASE CHECK ALL THAT APPLY, AND GIVE A BRIEF EXPLANATION FOR EACH OF THE APPLICABLE CRITERIA. A STREET CAN BE NAMED FOR AN INDIVIDUAL, OR GROUP/DESIGNATION. _X__CULTURAL IMPACT TO CITY: Rev. Webb has impacted the City of Evanston culturally by several efforts, that have included expanding the vendor base of both the Down Town Evanston Farmers Market and the West Side Farmers Market. Thus, giving all citizens a variety of fresh fruits and vegetables and other goods at affordable prices. Additionally, Rev. Webb has worked tirelessly to advocate for more opportunities for at risk youth culminating in helping youth access employment. _X__ HISTORICAL IMPACT TO CITY: He has served as the Pastor of Friendship Baptist Church for 34 years. During his tenure, he has renovated and rebuilt the church that has stood on the corner of Foster and Hartrey Streets in excess for 93 years. Friendship Baptist Church is the fourth oldest African American church in Evanston. _X__HUMANITARIAN EFFORTS: Rev. Webb has serves as an active member of the Evanston Community who has organized, and developed a community choir that raises funds annually, to help support the City of Evanston’s youth jobs program during the summer. He has also provided food and clothing for homeless men and women in shelters and families living under local highways. Rev. Webb’s efforts are not confined to the borders of our city but also includes national work with youth with in the Christian community. He serves as National Youth Director of the National Baptist Convention USA. 342 of 432 Additionally, he has also served as an organizer of the F.A.C.E program that fed hundreds of poor residents that needed assistance with obtaining food. He is well known as an individual that will help anyone in need irrespective of their race, gender, or economic status. He has helped many of different faiths.It is also important to note that Rev. Webb has served as a foster parent for 54 young men who had been rejected by their parents and society. _x__CLOSE ASSOCIATION WITH EVANSTON: Rev. Webb served in both the Evanston Health Department and the Recreation Department. He retired from the City of Evanston four years ago. As stated earlier in this application he has served as pastor and teacher of the Friendship Baptist Church for the past thirty-four years. During his tenure, he has served on the African American Ministerial Alliance and has forged deeper relationships between all of the forty African American churches in Evanston. He also continues to support the community by participating in community organizations and events. _X__GEOGRAPHICAL RELATIONSHIP OF STREET TO FOCUS OF INTEREST The Friendship Baptist church is a hub where many of Rev. Webb’s volunteer efforts have generated. As a church, it has gained a reputation for being the church that will reach out to everyone who voices a need. __X__ A LIVING INDIVIDUAL (EXCLUSIVE OF CITY OF EVANSTON STAFF) Signature of Applicant: Ald Delores Holmes Date: (Alderperson) Applicant’s Address: Phone Email: Signature of Applicant: Date: Applicant’s Address: Phone Email: Submit completed form to: City of Evanston Parks, Recreation and Community Services Department 2100 Ridge Ave., Evanston, IL 60201 Fax: 847-448-8051 Phone: 847-866-2914 pbelcher@cityofevanston.org 343 of 432 Rev. Zollie Webb Way honorary sign User drawn lines February 16, 2017 0 0.065 0.130.0325 mi 0 0.1 0.20.05 km 1:4,000 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 2016 City of Evanston344 of 432 For City Council Meeting of March 13, 2017 Item O1 Business of the City by Motion: Storefront Modernization for Gross Point Plaza For Action To: Honorable Mayor and Members of the City Council From: Martin Lyons, Assistant City Manager/CFO Johanna Leonard, Economic Development Division Manager Cindy Plante, Economic Development Specialist Subject: Storefront Modernization Program Application for Gross Point Plaza Date: March 13, 2017 Recommended Action: Staff and the Economic Development Committee recommend approval of financial assistance through the Storefront Modernization Program to the owners of Gross Point Plaza shopping center at 2504-2510 Gross Point Road in an amount not-to-exceed $16,500 for façade renovations including accessibility improvements and installation of new windows and doors. Funding Source: Funding will be from the Economic Development Business District Improvement Fund (Account 100.15.5300.65522). The approved Fiscal Year 2017 Budget allocated a total of $350,000 for this account to fund both the Storefront Modernization and Great Merchant Grant programs. To date, $0 has been spent from this account, leaving $350,000 available for expenditure. Livability Benefit: Economy and Jobs: Retain and expand local businesses Built Environment: Enhance public spaces Background: The Storefront Modernization Program provides a financial incentive to property owners and their commercial tenants to invest in improvements to commercial property in Evanston. The program was previously known as the façade improvement program , and eligible expenses were limited to street-facing exterior improvements such as windows, doors, signage, painting, and the like. Maximum eligibility amounts for façade projects are determined based on the building’s frontage, with the first 35 feet of linear frontage eligible for a maximum of $10,000; frontage beyond 35 feet increases eligibility by $100 for each additional square foot up to a $30,000 maximum grant. In 2015, the program was expanded to allow for funding of interior improvements such as plumbing, HVAC, and carpentry for businesses located on targeted business corridors in Memorandum 345 of 432 Evanston. Applicants are eligible to receive a forgivable loan of up to 50% of the total qualifying project cost, up to a maximum amount of $50,000. Applicants must obtain three written bids for the renovation work proposed, with at least one of the three bids being provided by an Evanston-based contractor. The program is intended to help modernize aging building stock in targeted development areas and improve the aesthetics individual commercial businesses within their respective business districts. (For more detailed information, please refer to the Program Guidelines online.) Summary: The Gross Point Plaza shopping center is located at 2504-2510 Gross Point Road. The property is currently leased to three businesses; MaidPro, Jackline K Salon, and a second location of Soapie’s cleaners that will open in 2017. The property owner is seeking assistance with façade improvements including installation of new windows and doors intended to improve the building’s accessibility and energy efficiency. The three storefronts have a combined frontage of 100 linear feet, mak ing the property eligible for a maximum of $16,500 in storefront grant assistance. The applicant submitted three bids for the proposed scope of work. The average of the three estimates submitted for the proposed facade work was $44,320.66, as summarized below: Concrete Quotes Window and Door Quotes G&L Contractors 2401 St. Louis Ave., Skokie, IL $8,860 Carlson Glass 312 W. Front St., Wheaton, IL $37,684 Maestro GC 411 Springhill Dr., Roselle, IL $6,400 Evanston Glass & Mirror 2903 Central St., Evanston, IL $38,018 Pinel Andrews 1919 Greenwood St., Evanston, IL $8,500 Maestro GC 411 Springhill Dr., Roselle, IL $33,500 Average $7,920 $36,400 Based on the documentation and bids submitted for this project, staff recommends approval of financial assistance for this project for a total amount not-to-exceed the maximum of $16,500. Attachments: Storefront Modernization Program Application for. 2504-2510 Gross Point Road Contractor Bids 346 of 432 347 of 432 348 of 432 349 of 432 PROPOSAL DATE 2/2/2017 PROPOSAL SUBMITTED TO: Arnel, Inc. Peter A. O'Brien 2530 Crawford Ave., Suite 108 Evanston, IL 60201 PHONE 847-328-3354 JOB SITE 2504-2510 Gross Point Rd. Prices quoted good for 30 days. Payment due upon completion of work. DESCRIPTION PRICE We hereby submit specifications and estimates for: 2504-2510 Gross Point Rd., Evanston Removal and replacement of concrete front walk 100 ft x 6 ft 6,000.00 Installation of 2" asphalt over existing Grind and fill as needed Stripping and new bumpers (Adjust one manhole) 4,800.00 Removal and replacement of concrete apron 18 ft x 7 ft 1,800.00 Removal and replacement of concrete curb 30 LF 700.00 Note: This Proposal is limited solely to the items specifically listed herein, all other work will be an addition to this scope and will be considered an extra ITEMS NOT INCLUDED in base proposal as they may apply, except as specifically listed above: Surveying, staking, layout, bracing, shoring, pan poured stair treads/landings, stairs, toppings, coatings, drain tile, de-watering, pumping, street cleaning, temporary driveway, all site work (ie: sidewalks, curbs, slabs, etc.) Permit and Expediting Costs. Excavation price based upon the removal of clean material only. Any garbage, debris or hazardous materials encountered will be additional to base contract. Upon acceptance, please sign, fax or e-mail to our office and mail one original signed copy 350 of 432 Maestro General Contractor Proposal:#1-2017 c/o Mike Lupou 411 Springhill Drive Date:2/2/2017 Roselle, Illinois 60172 (630) 730-6007 SUBMITTED TO WORK PERFORMED AT Peter O'Brien 2506 Grosspoint Road 2506 Grosspoint Road Skokie, Illinois Skokie, Illinois (847) 328-3204 - Fax COMPLETION OF THE FOLLOWING WORK - LABOR AND MATERIAL INCLUDED: Remove existing concrete sidewalk and all gravel. Level surface area and re-inforce area with new gravel and mesh wiring. Construct frame around area. Poor concrete evenly throughout the length of the sidewalk and finish surface. Construct (2) handicap accessible ramps at each end of the sidewalk. $6,400.00 All material is guaranteed to be as specified and the above work to be performed and completed in a substantial workmanlike manner for the sum of: $6,400.00 Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, property and other necessary insurance. Contractor to carry workers compensation and public liability insurance. Submitted by: Mike Lupou Mike Lupou, President Acceptance of Proposal by: ____________________________________Date: ___________________ Signature Printed Name and Title: _______________________________________ PROPOSAL Date: February 2, 2017 351 of 432 352 of 432 )35472 Carlson 0/ass estimate .Gilling f-lddr.;;;';. Workord Item Alternative I JJ2 We.;f Front 5treet vvbeaton, Jflinois 60J87 Customer'& -po : 'Printed at: 1122017 10:00 am Voice (630) GGB-7234 Fc1x (630) 462-4473 carlsonsglass@sbcglobal.nc1 w"v,.v.carlson-stores.com Peter O'Brien Arnel, Inc. 2530 Crawford Ave. Evanston, IL 60201 T,nahlc: Yes Ta, i\umhl'r: Strip mall, 2504 Gross Point Road Skokie. IL 60076 T,n ahlc : Yes r :n :\ u mh cr: Billin;,; ;ultlH'\\\'' I(); 55769 r\: Phone ;'\umber: \\'ho to contact: at address: 773-600-3397 Pete B: Phone i\umber: Who to contact: at address: 773-600-3397 Pete :\: B: [ Quanityl "� S - iz - e ---------- Note 1_J iRemove existing doors and windows. Supply and install 4 new doors and transom frames. The doors will have a Jpair of butt hinges, tubular push/pull, MS deadbolt lock with interior '----------------'thumbtum, overhead exposed closer, threshold and bottom sweep. Doors will be Kawneer 190 narrow stile, bronze anodized. Subtotal for Alt # 1 Alternative 2 The windows will be thermally broken 2" x 4 1/2" aluminum frames. Each window will be approx 4' wide. I The glass will be I" clear insulated, tempered as per code, Carlson will caun . Item total Quanity Quanity Total -$30,98iofl X LJ = r $30,988.ofj Subtotal for Alt # l $30,988.00 Q uanity Size---------� _Note ________________________ � [__jJ Add to alternative 1 for Low E glass. Hard coat Low E _Item total Quanity r Quanity Total '----------------------$1,944}o)XLJ=· $1,944.00 Subtotal for Alt # 2 : Subtotal for Alt # 2 $1,944.00 Alternative 3 Int #: 1354 72 Page: I of 2 new frame to brick. 353 of 432 354 of 432 2903 Central St. Evanston, IL. 60201 Date:2/13/2017 tel: 847-328-2200 Invoice #: fax: 847-328-2294 Customer ID:3746 lacosta@evanstonglassandmirror.com Expiration Date: Peter O'brien arnelpao@yahoo.com Job Due Date Qty Unit Price Line Total 5.00 34,562.00$ 4.00 -$ Subtotal 34,562.00$ Sales Tax 3,456.20$ Total 38,018.20$ Quote 2504-2510 Gross Point Rd. Evanston Arnel Inc. Payment Terms FOR 1' INSULATED GLASS TEMPERED WITH CLOSERS NARROW STILE DOORS AND FRAME WITH TRANSOMS DOOR LOCKS PULL HANDLE AND PUSH BARS INCLUDED NEW STOREFRONT SYSTEM FOR 1" INSULATED GLASS INSTALLATION, TAXES AND MATERIALS www.evanstonglassandmirror.com Thank you for your business! REMOVAL AND DISPOSAL INCLUDED. ALLOW 2-3 WEEKS LEADTIME FOR MATERIALS ORDERED 847-328-3354 REMOVAL AND INSTALLATION INCLUDED 4-1/2 " X 1-3/4" DARK BRONZE FRAME ALL CLEAR GLASS Description Salesperson LA Quotation prepared by: ____________________________________________ This is a quotation on the goods named, subject to the conditions noted below: Please review carefully for accuracy. Any changes must be made in writing and then submitted by the customer to Evanston Glass. If necessary, a new quotation will be provided. To accept this quotation, sign here and return: _______________________________________________ 355 of 432 Maestro General Contractor Proposal:#1-2017 - GPR c/o Mike Lupou 411 Springhill Drive Date:1/18/2017 Roselle, Illinois 60172 (630) 730-6007 SUBMITTED TO WORK PERFORMED AT Arnel, Inc.Strip Mall 2530 Crawford Avenue, Suite 108 2504 Gross Point Road Evanton, IL 60201 Skokie, IL 60076 (773) 600-3397 COMPLETION OF THE FOLLOWING WORK - LABOR AND MATERIAL INCLUDED:ITEM TOTAL Remove existing doors and windows. Supply and install (4) new doors and transom frames with butt hinges, tubular puch/pull, deadbolt lock with interior thumbturn, overhead exposed closer and threshold/bottom sweep. Doors - Kawneer 190 narros stile, bronze anodized. Windows - thermally broken 2" x 4 1/2" aluminum frames. Glass - 1" clear insulated tempered per code. Caulk new frame to brick. Cut back the interior wood to accommodate new frame top, bottom and sides. Includes trim, drywall repair, painting, etc.$33,500.00 Maestro General Contractor proposes hereby to furnish material and labor, complete in accordance with above specifications: Scope Total:$33,500.00 Please return one signed copy of this form and a required deposit of half the total accepted price to place order with manufacturer. Final payment of total balance due upon completion. Submitted by: Mike Lupou Date: Acceptance of Proposal: The above prices, specifications and conditions are satisfactory and hereby accepted. You are authorized to do the work as specified. By:Date: Printed Name and Title: PROPOSAL 1/18/17 All Material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration, deviation or upon disassembly, we reveal additional work, from above specifications, involving extra costs will be executed only upon customer approval, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, economics, accidents, delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. This material and or work is subject to applicable taxes, misc. freight, delivery, environmental, equipment rental and service supply charges. Condo association, local association or governing bodies’ permissions, permits, approvals, requirements, or fees are customer responsibility. Your measurements are your responsibility. Price is subject to change after 60 days. 356 of 432 357 of 432 358 of 432 359 of 432 For the City Council Meeting of March 13, 2017 Item O2 Business of the City by Motion: Lake City Cleaners Storefront Modernization For Action To: Honorable Mayor and Members of the City Council From: Martin Lyons, Assistant City Manager/CFO Johanna Leonard, Economic Development Division Manager Cindy Plante, Economic Development Specialist Subject: Storefront Modernization Program Application for Lake City Cleaners Date: March 10, 2017 Recommended Action: Staff and the Economic Development Committee recommend approval of financial assistance through the Storefront Modernization Program to Lake City Cleaners at 600 Oakton Street in an amount not-to-exceed $10,648 for the installation of an RPZ backflow prevention device and water pressure booster pump within the building’s plumbing systems in order to bring it into compliance with plumbing code requirements. Funding Source: Funding will be from the Economic Development Business District Improvement Fund (Account 100.15.5300.65522). The approved Fiscal Year 2017 Budget allocated a total of $350,000 for this account to fund both the Storefront Modernization and Great Merchant Grant programs. To date, $0 has been spent from this account, leaving $350,000 available for expenditure. Livability Benefit: Economy and Jobs: Retain and expand local businesses Built Environment: Manage water resources responsibly Background: The Storefront Modernization Program provides a financial incentive to property owners and their commercial tenants to invest in improvements to commercial property in Evanston. The program was previously known as the façade improvement program, and eligible expenses were limited to street-facing exterior improvements such as windows, doors, signage, painting, and the like. In 2015, the program was expanded to allow for funding of interior improvements such as plumbing, HVAC, and carpentry for businesses located on targeted business corridors in Evanston. Applicants are eligible to receive a forgivable loan of up to 50% of the total qualifying project cost, up to a maximum amount of $50,000. Applicants must obtain three written bids for the Memorandum 360 of 432 renovation work proposed, with at least one of the three bids being provided by an Evanston-based contractor. The program is intended to help modernize aging building stock in targeted development areas and improve the aesthetics individual commercial businesses within their respective business districts. (For more detailed information, please refer to the Program Guidelines online.) Summary: Lake City Cleaners is a dry cleaning business located at 600 Oakton Street. City staff notified the owner earlier this year that an RPZ backflow prevention device would need to be installed as part of the building’s plumbing system in order to comply with state and local plumbing codes. The owner is seeking funding assistance to complete the work needed to bring the property into compliance. The applicant submitted three bids for the proposed scope of work, including at least one from an Evanston-based contractor as is required under the program guidelines. The three estimates are summarized below: FJ Kerrigan 811 Ridge Rd., Wilmette, IL $25,283.00 Kroeschell 3222 N. Kennicott Ave., Arlington Hts., IL $20,110.00 AAFAC (Evanston-based) PO Box 5866, Evanston, IL 60201 $18,495.00 Average $21,295.00 The average of the three bids submitted for the proposed plumbing work was $21,295. Based on the documentation and bids submitted for this project, staff recommends approval of financial assistance for this project for a total amount not-to-exceed $10,648. Attachments: Storefront Modernization Program Application for Lake City Cleaners Plumbing contractor bids Landlord Authorization 361 of 432 2/22/2017 CITY OF EVANSTON Mail 2017 Storefront Modernization Program [#18] https://mail.google.com/mail/u/0/?ui=2&ik=2e1c0d87b2&view=pt&search=inbox&th=15a632cff3168905&siml=15a632cff3168905 1/2 Cindy Plante <cplante@cityofevanston.org> 2017 Storefront Modernization Program [#18] 1 message Wufoo <noreply@wufoo.com>Tue, Feb 21, 2017 at 6:16 PM ReplyTo: service@lakecitycleaners.net To: cplante@cityofevanston.org Property Address * 600 Oakton St Property PIN *11302010020000 Year Property was constructed 1923 Length of store frontage (feet): *50 Is this property a historic landmark?No Applicant Name: *Victor Seyedin Applicant Address: *600 Oakton Evanston IL 60202 Email *service@lakecitycleaners.net Phone Number (847) 3283110 Name of business (if applicable):Lake City Cleaners Applicant is: *Tenant Name(s) of business(es):Lake City Cleaners Business Owner Name(s):Marianne Schwall Date of lease expiration (if applicable):2031 How many years has the business been at this location? 1 Provide a description of the ground floor business(es) at this location (500 words max). Ground floor of the business is used as a tailor shop, dry cleaning and laundry retail store and dry cleaning and laundry plant. Property Owner Name:Marianne Schwall Property Owner Address: 6843 Beckwith Rd Morton Grove IL 60053 Property Owner Phone Number:(847) 4709687 Is the property currently for sale?No What type(s) of improvements are you planning to make? (check all that apply) * Signage/awnings Doors/windows Lighting Painting 362 of 432 2/22/2017 CITY OF EVANSTON Mail 2017 Storefront Modernization Program [#18] https://mail.google.com/mail/u/0/?ui=2&ik=2e1c0d87b2&view=pt&search=inbox&th=15a632cff3168905&siml=15a632cff3168905 2/2 Other (describe below) Provide a narrative of your proposed project. Include information on portions of the building that will be improved and what particular work activities will be completed. (500 words max) * Lake City Cleaners purchased the business of Schwartkopf Cleaners in 2016 and rented their current space. Schwartkopf Cleaners had been a reputable high end cleaners in Evanston for 50 years and the purchase was the best way to preserve the jobs of the 35 Evanston employees we currently had employed at our location in Evanston since 2004 at 831 Emerson. The 831 Emerson landlord had cancelled our lease due to a desire to sell her buidling. We were given only a short time frame to move. Both the faciliteis and building at Swartkopf were very old an in need of repair. Lake City spent over $150,000 improving the space. Yet, the City advised plumbing updates would be necessary in addition to costs already expended. We are requesting the grant to assist us with the costs we need to expend to complete the project Provide a narrative of sustainability measures that will be employed in this project (500 words max) Lake City CLeaners has been repeatedly recognized by American's Best Cleaners for their Green iniaitives and environmentally friendly dry cleaning processes. We have brought that technology to the Swartfkopf building and have replaced thier old energy inefficient machinery. We have used energy efficient technology in lighting, new equipment (boiler, compressor, dry clean machine and more). Provide a narrative of how your proposed project will improve accessibility at your building (500 words max) The energy efficient equipment we have brought in and the new plumbing will allow us to complete orders more quickly then in the past and therefore customers will receive items in a more timely manner and be able to come and go from the facility more quickly causing less traffic at key times. "I certify that all of the information contained in this document, all statements, information, and exhibits that I am submitting for the property listed in this form under 'property information' is true and accurate and to the best of my knowledge. I certify that I have reviewed the Program Guidelines and Program Agreement form associated with the City of Evanston's Facade Improvement Program." (Type name below for signature). * Victor Seyedin Date *Tuesday, February 21, 2017 363 of 432 364 of 432 365 of 432 366 of 432 367 of 432 368 of 432 369 of 432 370 of 432 371 of 432 372 of 432 2/16/2017 CITY OF EVANSTON Mail 600 Oakton St https://mail.google.com/mail/u/0/?ui=2&ik=2e1c0d87b2&view=pt&search=inbox&msg=15a488d42bbeaa94&siml=15a488d42bbeaa94 1/1 Cindy Plante <cplante@cityofevanston.org> 600 Oakton St RichMari Schwall <SchwallFamily@msn.com>Thu, Feb 16, 2017 at 2:11 PM To: Cindy Plante <cplante@cityofevanston.org> Marianne Schwall RE: 600 Oakton St. Evanston, IL 60202 I give my approval for the work that needs to be done for Lake City Cleaners for RPZ backflow preventers. If you have further questions, you can call me. Thank You Marianne Schwall Richard Schwall From: Cindy Plante <cplante@cityofevanston.org> Sent: Thursday, February 16, 2017 11:53 AM To: schwallfamily@msn.com Subject: 600 Oakton St [Quoted text hidden] 373 of 432 For City Council Meeting of March 13, 2017 Item O3 Business of the City by Motion: Red Hot Chilli Pepper Storefront Modernization For Action To: Honorable Mayor and Members of the City Council From: Martin Lyons, Assistant City Manager/CFO Johanna Leonard, Economic Development Division Manager Cindy Plante, Economic Development Specialist Subject: Storefront Modernization Program Application for Red Hot Chilli Pepper at 500 Davis Street Date: March 10, 2017 Recommended Action: Staff and the Economic Development Committee recommend approval of financial assistance through the Storefront Modernization Program to Red Hot Chilli Pepper located at 500 Davis Street in an amount not-to-exceed $10,700 for the façade renovations including the addition of a revolving door, relocation of an accessible entrance, and installation of new windows and signage. Funding Source: Funding will be from the Economic Development Business District Improvement Fund (Account 100.15.5300.65522). The approved Fiscal Year 2017 Budget allocated a total of $350,000 for this account to fund both the Storefront Modernization and Great Merchant Grant programs. To date, $0 has been spent from this account, leaving $350,000 available for expenditure. Livability Benefit: Economy and Jobs: retain and expand local businesses Built Environment: enhance public spaces Background: The Storefront Modernization Program provides a financial incentive to property owners and their commercial tenants to invest in improvements to commercial property in Evanston. The program was previously known as the façade improvement program, and eligible expenses were limited to street-facing exterior improvements such as windows, doors, signage, painting, and the like. In 2015, the program was expanded to allow for funding of interior improvements such as plumbing, HVAC, and carpentry for businesses located on targeted business corridors in Evanston. Applicants are eligible to receive a forgivable loan of up to 50% of the total qualifying project cost, up to a maximum amount of $50,000. Applicants must obtain three written bids for the Memorandum 374 of 432 renovation work proposed, with at least one of the three bids being provided by an Evanston-based contractor. The program is intended to help modernize aging building stock in targeted development areas and improve the aesthetics individual commercial businesses within their respective business districts. (For more detailed information, please refer to the Program Guidelines online.) Summary: Red Hot Chilli Pepper is a new restaurant by Ramakant Kharel, who also owns Mt. Everest restaurant on Church Street. The new concept will offer Indo-Chinese fusion cuisine and a full bar at 500 Davis Street, in a space previously occupied by Giordano’s Pizza. As part of a comprehensive renovation of the space, Mr. Kharel is seeking funding assistance for façade improvements including the addition of a revolving door, relocation of an ADA accessible entrance, and installation of new windows and signage. The applicant has submitted three bids for the proposed scope of work as is required under the program guidelines. The applicant gathered several additional contractor estimates beyond the three included in the application, but reports that he was unable to obtain one from an Evanston-based firm for the scope of work contemplated for this project. A letter from the project architect attesting to this is included in the application package. Contractor Estimate Synergy Construction Group 2039 W. Carroll Ave., Chicago, IL $73,656.00 Level Construction 4701 N. Roland St., Harwood Heights, IL $111,950.00 Top To Bottom Construction 75 Gaylord St., Elk Grove Village, IL **$812,748.00 (interior and exterior work, not included in avg.) Average: $92,803.00 The average of the two estimates that itemized façade expenses separately was $92,803. Based on the documentation and bids submitted for this project and the fact that the space has 42 feet of linear frontage on the street, staff recommends approval of financial assistance for this project for a total amount not-to-exceed $10,700. Attachments: Storefront Modernization Program Application for Red Hot Chilli Pepper at 500 Davis St. Contractor estimates Landlord consent 375 of 432 376 of 432 377 of 432 378 of 432 379 of 432 380 of 432 381 of 432 382 of 432 383 of 432 384 of 432 385 of 432 386 of 432 387 of 432 388 of 432 389 of 432 390 of 432 391 of 432 392 of 432 393 of 432 394 of 432 395 of 432 396 of 432 2/22/2017 CITY OF EVANSTON Mail Red Hot Chili Pepper Storefront Grant https://mail.google.com/mail/u/0/?ui=2&ik=2e1c0d87b2&view=pt&search=inbox&th=15a44103a27accce&siml=15a44103a27accce&siml=15a489f2e5871464&si…3/4 2 attachments Level Construction Bid.pdf 1519K top to Bottom bid.pdf 1518K Hawxhurst,Chris <Chris.Hawxhurst@colliers.com>Mon, Feb 20, 2017 at 3:25 PM To: "cplante@cityofevanston.org" <cplante@cityofevanston.org> Cc: "'ramakant kharel' (ramakant.kharel@outlook.com)" <ramakant.kharel@outlook.com> Good a ernoon Cindy, I represent the owner of 500 Davis Center (TFO REVA Steelbridge 500 Davis LLC) as their legally designated agent. Please allow this email to serve as our consent/approval for Mr. Kharel’s requested improvements and funding to his restaurant soon to be located at 500 Davis Street. Let me know if you need anything addi onal. Thank you, Christopher Hawxhurst Dir +1 847 475 1101 Colliers International 500 Davis Street Suite 500 Evanston, IL 60201 www.colliers.com 397 of 432 3/8/2017 CITY OF EVANSTON Mail storefront grants contractor estimates https://mail.google.com/mail/u/0/?ui=2&ik=2e1c0d87b2&view=pt&search=inbox&msg=15aab3a1f80993f3&siml=15aab3a1f80993f3 1/2 Cindy Plante <cplante@cityofevanston.org> storefront grants contractor estimates Atul Karkhanis, AIA, LEED AP BD+C <akarkhanis@akarchitects.com>Tue, Mar 7, 2017 at 5:54 PM To: ramakant kharel <ramakant.kharel@outlook.com>, Cindy Plante <cplante@cityofevanston.org> Hi Cindy; We suggested Ramakant few names of the builders who we had worked with in the past on similar projects. None of them were Evanston based builders as we had not worked with anyone on this kind of project in Evanston before this project. Mulĕple contractors submiĥed bids to Ramakant directly on this project. Thanks, Atul Karkhanis, AIA, LEED AP BD+C President Atul Karkhanis Architects Ltd. 2514 W. Peterson Avenue, Chicago, IL 60659‐4109 Ph. 7735085533 ext. 204 Fx. 7735085757 E‐Mail: akarkhanis@akarchitects.com Web: www.akarchitects.com “LEED Accredited Professional” and related acronym, and the LEED AP logo are trademarks owned by the U.S. Green Building Council and awarded to individuals under license by the Green Building Cerĕficaĕon Insĕtute 398 of 432 3/8/2017 CITY OF EVANSTON Mail storefront grants contractor estimates https://mail.google.com/mail/u/0/?ui=2&ik=2e1c0d87b2&view=pt&search=inbox&msg=15aab3a1f80993f3&siml=15aab3a1f80993f3 2/2 THIS E‐MAIL AND ITS ATTACHMENTS ARE INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY WHO IS THE INTENDED RECIPIENT. IF THE READER IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, COPYING OR OTHER USE OF THIS E‐MAIL IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS E‐MAIL IN ERROR, PLEASE REPLY TO THE SENDER. From: ramakant kharel [mailto:ramakant.kharel@outlook.com] Sent: Thursday, March 02, 2017 10:17 AM To: Cindy Plante Cc: Atul Karkhanis, AIA, LEED AP BD+C Subject: Re: storefront grants contractor estimates [Quoted text hidden] 399 of 432 For City Council Meeting of March 13, 2017 Item O4 Business of the City by Motion: Good to Go Jamaican Storefront Modernization For Action To: Honorable Mayor and Members of the City Council From: Martin Lyons, Assistant City Manager/CFO Johanna Leonard, Economic Development Division Manager Cindy Plante, Economic Development Specialist Subject: Storefront Modernization Program Application for Good to Go Jamaican Date: March 10, 2017 Recommended Action: Staff and the Economic Development Committee recommend approval of financial assistance through the Storefront Modernization Program for Good to Go Jamaican Cuisine (“Good to Go”) new location at 711 Howard Street in an amount not-to-exceed $50,000 for renovations including plumbing, electrical, HVAC, concrete work, masonry work, painting, drywall and demolition. Funding Source: Funding will be from the Economic Development Business District Improvement Fund (Account 100.15.5300.65522). The approved Fiscal Year 2017 Budget allocated a total of $350,000 for this account to fund both the Storefront Modernization and Great Merchant Grant programs. To date, $0 has been spent from this account, leaving $350,000 available for expenditure. Livability Benefit: Economy and Jobs: Retain and expand local businesses Built Environment: Enhance public spaces Background: The Storefront Modernization Program provides a financial incentive to property owners and their commercial tenants to invest in improvements to commercial property in Evanston. The program was previously known as the façade improvement program, and eligible expenses were limited to street-facing exterior improvements such as windows, doors, signage, painting, and the like. In 2015, the program was expanded to allow for funding of interior improvements such as plumbing, HVAC, and carpentry for businesses located on targeted business corridors in Evanston. Applicants are eligible to receive a forgivable loan of up to 50% of the total qualifying project cost, up to a maximum amount of $50,000. Applicants must obtain three written bids for the renovation work proposed, with at least one of the three bids being provided by an Memorandum 400 of 432 Evanston-based contractor. The program is intended to help modernize aging building stock in targeted development areas and improve the aesthetics individual commercial businesses within their respective business districts. (For more detailed information, please refer to the Program Guidelines online.) Summary: Good to Go has been located on the Chicago side of Howard Street for over 15 years. Owners Lenice and Tony Levy are Evanston residents and recently purchased the building at 711 Howard Street on the Evanston side in which to relocate and expand their current business, a full-service dine-in restaurant and catering operation. As part of a comprehensive renovation of the space, Mr. and Mrs. Levy are seeking funding assistance for interior build out including new plumbing, electrical, HVAC, concrete work, masonry work, painting, drywall and demolition. Based on the new restaurant’s Howard Street location, this project is eligible for a maximum of $50,000 in funding through the Storefront Modernization Program. The applicant has submitted three bids for the proposed scope of work, as is required under the program guidelines. The average of the bids submitted for the proposed renovation work was $367,888.33 as summarized below: ProTech Building Solutions 3524 Britta St., Franklin Park, IL $423,861 Urban Remodeling Inc. 636 W. Wrightwood Ave., Chicago, IL $374,804 Efficient Home Services (Evanston-based) 1221 Fowler Ave, Evanston, IL $305,000 Average $367,888.33 Based on the documentation and bids submitted for this project, staff recommends approval of financial assistance for the maximum grant amount not-to-exceed $50,000. Attachments: Storefront Modernization Program Application for Good to Go at 711 Howard Street. Contractor bids 401 of 432 402 of 432 403 of 432 404 of 432 405 of 432 406 of 432 407 of 432 Efficient Home Services 1221 Fowler Avenue Evanston, Il, 60202 License # 13LICR-0022 Proposal for 709-711 Howard, Evanston IL-RESTAURANT BUILD OUT Demolition: Remove exterior and interior masonry walls and roof structures and storefront as indicated on plans. Remove all interior partitions and doors, all interior finishes, plumbing fixtures, mechanical equipment and ductwork, electrical lighting fixtures and outlet devices. Essentially do a total interior gut and selective exterior demolition of the existing building including existing plumbing, gas, and electric utility services. Sandblast all exposed interior masonry and wood roof systems. Remove all debris from the project site. Concrete: Remove selective portions of existing slab for new utility services and new plumbing waste piping. Patch new openings and then instal new 2” concrete topping through out. This topping will become the new floor finish for all spaces. Masonry: Cut new openings in existing walls and provide new lintels as indicated. Extend masonry parapet on portions of the existing garage as indicated. Do selective masonry restoration of all existing interior and exterior surfaces to remain. All exposed interior masonry walls will remain exposed in the new work. Carpentry, Doors and Storefront: Furnish and install new drywall 408 of 432 partitions and interior and exterior doors as noted. Install new storefront and overhead glass garage door in garage as noted. Install new wood stair and electric lift to roof deck and construct new roof deck exterior room as noted. Install new wood roof deck and metal railing system on south wall. Install new courtyard Howard Street fence with metal fencing system to match roof deck railing. Tear off and install new roof. Finishes: Install owner furnished bar facing panels, bar top, and back bar shelving. Paint all drywall surfaces and interior doors. Install toilet partitions. Plumbing: Install new 2” water service, water heater and plumbing fixtures. Install plumbing to owner furnished kitchen equipment. Install kitchen and bar equipment. Provide new gas service and piping for owner’s appliances. Provide all piping and connectors. Mechanical: Furnish and install new 5 ton packaged roof top unit and new spiral ductwork as indicated. Install owner furnished kitchen hood and make-up air unit. Patch roof penetrations. Electrical: Provide new 400A service, lighting and power panels. Furnish and install new switches, outlets and devices, exit and emergency lighting as indicated on the plan. Install owner furnished lighting fixtures. Provide all wiring, conduit and connectors. Site Work: Provide concrete patio pads and walkways at exterior courtyard. Gravel the rear parking lot. Remove existing Howard Street driveway apron and proved new public sidewalk. TOTAL COST: $305,000 409 of 432 410 of 432 411 of 432 412 of 432 For City Council Meeting of March 13, 2017 Item O5 Resolution 22-R-17: CDBG loan for Good To Go Jamaican Cuisine For Action To: Honorable Mayor and Members of the City Council From: Johanna Leonard, Economic Development Division Manager Paul Zalmezak, Senior Economic Development Coordinator Sarah Flax, Housing and Grants Administrator Subject: Resolution 22-R-17, Good To Go Jamaican Cuisine Request for CDBG Funding Date: March 2, 2017 Recommended Action The Economic Development Committee and staff recommend City Council approval of Resolution 22-R-17 for a Community Development Block Grant (CDBG) loan in the amount of $25,000 to Good To Go Jamaican Cuisine, LLC to purchase equipment needed for their new location at 711 Howard Street. Funding Source: Staff recommends using the CDBG Economic Development Fund (Account 215.21.5260.63064) with a budget of $175,500. To date, $75,000 has been allocated to Economic Development priorities in the City’s 2015-2019 Consolidated Plan and Action Plan. Livability Benefits: Economy and Jobs: Retain and expand local businesses; Expand job opportunities Background: Tony and Lenice Levy, owners of Good To Go Jamaican Cuisine located at 1947 W. Howard Street in Chicago, have purchased the vacant buildings at 709-711 Howard Street in Evanston as the site to expand their business, which has been at its current location for 15 years. The Levys achieve their goal of moving from rental to ownership, building equity and controlling their costs of doing business. In addition to keeping a successful business on Howard Street for its expansion, the opening of Good To Go at its new location will bring a vacant property that is currently off the tax rolls into productive use and generate new property, sales and liquor taxes for the City of Evanston. Plans include expanded dining room seating and outdoor seating on a pat io to the east of the building. The Levys have secured a $247,000 Small Business Administration loan at 5% interest with a 10-year term, and are requesting a storefront modernization grant Memorandum 413 of 432 of $50,000; owner equity in the project is $50,000. A CDBG loan of $25,000 at below market rate terms, 2.5% interest with a 10-year term with no payments for the first 12 months is proposed as gap funding for the project. Although Good To Go is not a start- up business and the new location’s proximity to their current location will retain their customer base, they expect to experience a ramping up period in the new location and higher expenditures during the initial months to meet the demands of our customers in the new facility. The CDBG loan terms will allow the business to maintain a healthy cash flow in the beginning stages of growth for the first year. CDBG funds would be used to purchase needed equipment for the restaurant kitchen, which is not an eligible expense under the City’s storefront modernization program. Restricting CDBG to equipment purchases rather than for construction/buildout avoids triggering Davis-Bacon prevailing wages for the project, which would significantly increase overall project costs and could make it infeasible. In addition, equipment purchases are considered exempt activities under the National Environmental Review Act, which expedites project review/approval and avoids additional costs. CDBG regulations require the City to execute a project agreement with the recipient of CDBG funding that defines how the project is eligible for CDBG funding and includes a detailed description of the scope of work, timeline/schedule, budget, procurement requirements, payment terms, record keeping requirements, and compliance with Davis-Bacon and other cross-cutting federal requirements. The agreement and loan documents would be drafted following the recommendation of approval of the proposed CDBG loan to City Council by the Economic Development Committee. The Howard Street commercial corridor is a high priority area for CDBG investment in the City’s 2015-2019 Consolidated Plan. Attracting new businesses to fill vacant retail and commercial spaces and create jobs for low/moderate income persons is one of the goals of that plan. CDBG funding in the amount of $175,500 has been allocated to fund eligible economic development activities, including loans to for-profit businesses to accomplish those goals. To be eligible for $25,000 in CDBG funding, Good To Go must meet the CDBG national objective of benefiting low/moderate income people by creating at minimum one new full-time equivalent job that will be filled by an income- eligible person (income ≤ 80% of the area median income at hire). Good To Go currently has three full-time employees in addition to the Levys and their sons. They expect to hire three more full time employees and 2 part-time employees in their new location and will also recruit seasonal staff during the summer months. Evanston residents will be prioritized for new positions created. Staff has underwritten this project following CDBG regulations in Appendix A to Part 570--Guidelines and Objectives for Evaluating Project Costs and Financia l Requirements and determined that the loan meets the objectives of those guidelines to ensure: (1) that project costs are reasonable; (2) that all sources of project financing are committed; (3) that to the extent practicable, CDBG funds are not substituted for non-Federal financial support; (4) that the project is financially feasible; 414 of 432 (5) that to the extent practicable, the return on the owner's equity investment will not be unreasonably high; and (6) that to the extent practicable, CDBG funds are disbursed on a pro rata basis with other finances provided to the project. Commitment of an SBA loan to the project also supports the conclusion that the project meets federal underwriting standards, including the degree of equity participation is reasonable given general industry standards for rates of return on equity for similar projects with similar risks and given the financial capacity of the entrepreneur(s) to make additional financial investments. Additionally, per CDBG underwriting guidance, CDBG funding and terms are to be sized in order to make the project feasible while avoiding undue enrichment of a private business. The addition of Good To Go on Howard Street in Evanston builds on the success of Ward 8 and Peckish Pig and contributes to the City’s work to revitalize this important business corridor by expanding dining and entertainment opportunities for Evanston residents and residents of nearby Chicago neighborhoods and the North Shore suburbs. Legislative History: The Economic Development Committee voted unanimously to recommend approval by City Council of a loan in the amount of $25,000 to Good To Go Jamaican Cuisine at its February 22, 2017 meeting. Attachments: Resolution 22-R-17 with Promissory Note 415 of 432 2/20/2017 22-R-17 A RESOLUTION Authorizing the City Manager to Negotiate and Execute a Loan Agreement with Good to Go Jamaican Cuisine 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 and directed to negotiate and execute a loan agreement between the City and Good to Go Jamaican Cuisine, LLC, an Illinois limited liability company, attached hereto as Exhibit A and incorporated herein by reference (the “Agreement”) for a loan issued by the City to Good to Go in the amount of Twenty-Five Thousand and no/100 Dollars ($25,000.00). SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Agreement as he may determine to be in the best interests of the City. SECTION 3: This Resolution 22-R-17 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2017 416 of 432 22-R-17 ~ 2 ~ EXHIBIT A Loan Agreement 417 of 432 PROMISSORY NOTE Name and Address of Borrower: Good to Go Jamaican Cuisine LLC Attn: Dennis Levy 709 Howard Street Evanston, IL 60202 Dated: April 1, 2017 1. BORROWER’S PROMISE TO PAY FOR VALUE RECEIVED, the undersigned, Good to Go Jamaican Cuisine, LLC, an Illinois limited liability company (referred to hereafter as the "Borrower"), promise to pay to the order of the City of Evanston, an Illinois home rule municipal corporation, acting through its City Manager’s Office, with its principal office located at 2100 Ridge Avenue, Evanston, Illinois (the “Lender”), in the manner provided in this Note, the principal sum of $25,000.00 (Twenty-Five Thousand and 00/100 Dollars) (the “Loan”). Borrower will be relocating its restaurant “Good to Go Jamaican” to 70 9-711 Howard Street, Evanston, Illinois 60202. The loan funds will be used solely to purchase equipment in accordance with the terms of this Agreement to enable the Borrower to begin operating the subject business. 2. LOAN TERM, FORGIVENESS AND REPAYMENT The term of the Loan is ten (10) years commencing on the date of issuance of the temporary certificate of occupancy and ending 120 months later (the “Loan Term”). The Loan will start to bear interest after issuance of the temporary certificate of occupancy for Good to Go Jamaican and prior to the first payment due date. The loan payments will be two hundred forty-one and 65/100 Dollars ($241.65) each month. The Loan schedule that is provided on Exhibit 1 is provided for illustrative purposes, to show the payment schedule and amounts. The Loan repayment schedule will be revised at the time that the temporary certificate of occupancy is issued and the loan payment date is set in accordance with terms of this Note. The interest rate is two and half percent (2.5%) per annum and computed on the basis of a 365 day year. Borrower agrees to commence payment of the Loan thirteen (13) months after issuance of the temporary certificate of occupancy. Loan payments will be due on or before the first day of the month. If the Borrower’s Loan payment is five days after the first of the month or more, there shall be assessed a late fee of $25 per day. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called "Note Holder". The Loan can be pre-paid with no penalty or fee assessed against the Borrower. 3. LOAN DISBURSEMENTS 418 of 432 A. Disbursements. The City will issue the loan disbursements on a repayment basis with the following requirements: Borrower cannot make requests for payment in an amount less than $5,000, unless it is the last draw; and Borrower is limited to a total of 3 draws; Borrower’s request for reimbursement for equipment purchases must include: (a) copies of itemized invoices from vendor(s); (b) proof of payment to the vendor(s); (c) proof of reasonableness of the equipment selected, including copies of multiple quotes from at least 3 vendors or copies of internet searches for the same model/year of the equipment selected for the business in accordance with the Omni Circular procurement requirements for small purchase procedures (200.320(b)); and Borrower must follow the CDBG Regulations fully outlined below in Section 3(B); The Borrower must provide the invoices as soon as available to the City prior to disbursement and provide the City at least 15 days to disburse the payment. The City will disburse up to $25,000. If the invoices do not exceed $25,000, the City will only disburse up to the total amount of the invoices. The total loan amortization schedule will be adjusted accordingly if the disbursement is less than $25,000. B. CDBG Funds. The funds for the Loan are provided through the City’s Community Development Block Grant entitlement funds (“CDBG funds”),. The Loan funds are allocated for economic development activities, particularly in the City’s Neighborhood Revitalization Strategy Area and Howard Street retail/commercial corridor following the priorities in the City’s 2015 – 2019 Consolidated Plan to achieve the community development goals of that plan. CDBG funds will be used to purchase equipment for the restaurant kitchen, which are eligible expenses under CDBG regulations. Funds may not be used for any construction labor or materials, which would trigger compliance with Davis-Bacon prevailing wages and a higher level of review under the National Environmental Review Act. The CDBG Regulations require that funds utilized for economic development purposes meet the requirements outlined in 24 CFR 570 (CDBG - Economic Development) as follows: 1. The project costs are reasonable; 2. That all sources of the project financing are committed; 3. That to the extent practicable, CDBG funds are not substituted for non-Federal financial support; 4. That the project is financially feasible; 5. That to the extent practicable, the return on the owner's equity investment will not be unreasonably high; 419 of 432 6. That to the extent practicable, CDBG funds are distributed on a pro-rata basis with other financing. C. Omni Circular procurement: Borrower acknowledges that it will follow the guidelines contained in the Omni Circular 200.33 for equipment purchases which states that “§200.33 Equipment. Equipment means tangible personal property (including information technology systems) having a useful life of more than one year and a per- unit acquisition cost which equals or exceeds the lessor of the capitalization level established by the non-Federal entity for financial statement purposes, or $5,000. D. Equipment Inventory: During the term of the Loan, Borrower must maintain an inventory of equipment purchased with CDBG funds that includes the name, model number, serial number, and year manufactured. 4. BORROWER REPRESENTATIONS. The Borrower represents and warrants that it is duly organized and existing under the laws of State of Illinois and is in good standing as necessary in the State of Illinois. The Borrower represents it has the power to enter into this Agreement and other Loan Documents required under this agreement. That by proper action in accordance with its organizational documents has been duly authorized to execute and deliver this Agreement and all documents required under its terms. The Borrower covenants that this Agreement does not contravene any law or contractual restriction binding or affecting the Borrower, and that the Agreement will be legal, valid, and binding obligations of the Borrower, and further that as of the date of this agreement the Borrower represents that no event or change of condition has occurred which is a material (as defined by the Securities and Exchange Commission) which would affect the ability of the Borrower to perform its obligations hereunder on a timely basis. A. As of the date of this Agreement there is no suit, action, or proceeding pending or threatened as to which outcome would be materially adverse effect on the Borrower. B. The Borrower and all entities affiliated with the Borrower have filed all tax returns required to be filed by them and paid all taxes required as show on those returns. C. The Borrower represents that it has a DUNS (Data Universal Numbering System) number, in order facilitate disbursement of loan funds properly under federal guidelines. D. Borrower must remain in good standing with the Illinois Secretary of State. E. Job Creation: Borrower must create at least one new full-time equivalent (FTE) position (40 hours per week) that may be filled by low/moderate income persons, defined as requiring no more than a high school diploma unless on the job training is provided. The person(s) hired shall have a family income at time of hire that does not exceed 80% of the area median income established by HUD and in effect at the time of hire. Evanston residents shall be prioritized for hire. If Borrower hires more than one 420 of 432 new FTE, the City will include this information in its report to HUD for use of CDBG funds. Borrower shall provide, on City-generated forms, the following information regarding new job(s) created pursuant to the Project: Number of full- and part-time jobs Race/ethnicity of new job hires Family income at time of hire Weekly hours for part-time positions Number of jobs with employer-sponsored health care benefits Number of people filling jobs who were unemployed when hired Job category per HUD definitions 5. DEFAULT AND REMEDIES A. The occurrence of any one or more of the following events (“Event of Default”) with respect to Borrower shall constitute a default hereunder (“Default”): 1) If Borrower ceases to operate a restaurant at 709-711 Howard Street (including by incidence of death of the Borrower). The Lender shall give written notice to Borrower of this Default. The Borrower shall have a period of thirty days to cure the Default (“Cure Period”). 2) If all or any part of the Fixtures and Equipment or any interest in it is sold or transferred (or if a legal or beneficial interest in Borrower’s interest in the Fixtures and Equipment is sold or transferred) without Lender’s prior written consent. 3) If a default or event of default occurs and is continuing under any representation or covenant under the Loan Documents. 4) If a default or event of default occurs and is continuing under any other mortgage or loan agreement encumbering the Fixtures and Equipment. 5) Borrower or any beneficiary thereof shall (i) file a petition for liquidation, reorganization, or adjustment of debt under Title 11 of the United States Code or any similar law, state or federal, whether now or hereafter existing, or (ii) file any answer admitting insolvency or inability to pay debts, or (iii) fail to obtain a vacation or stay of involuntary proceedings within ten days, as hereinafter provided. 6) Borrower or any beneficiary thereof shall make an assignment for the benefit of creditors of this Note, or shall admit in writing of its inability to pay its debts generally as they become due, or shall consent to the appointment of a receiver or trustee or liquidator of all or any major part of the Fixtures and Equipment. B. The Borrower also promises that, if the Event of Default specified above, 4(A)(1), shall occur (after applicable notice and the Occupancy Cure Period detailed above) before the expiration of the Loan Term, the Borrower agrees to repay to the order of the Lender or its designee an amount equal to the original principal amount of the Loan and it is immediately due and payable. Provided however, if an Event of Default is solely 421 of 432 with respect any other Event of Default specified above in 4(A), the Borrower shall have sixty (60) days after the date on which the notice is delivered to Borrower to cure such breach, provided, however, that if the curing of such non-monetary breach cannot be accomplished with due diligence within said period of sixty (60) days then Borrower shall have such additional reasonable period of time to cure such breach as may be necessary, provided Borrower shall have commenced to cure such breach within said period, such cure shall have been diligently prosecuted by Borrower thereafter to completion (“Other Default Cure Period”). The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the Borrower does not cure the Default within the specified Other Default Cure Period within the notice, then this Note is due and payable only with respect to the remaining balance of the Loan at the time of Default. C. If the Borrower Defaults hereunder and fails to cure the Default, during the 10-year loan Term, the Loan shall be immediately due and owing and the balance of the Loan shall be immediately repaid to Lender in full, subject to the availability of net proceeds from sale of the Fixtures and Equipment. Lender can auction the Fixtures and Equipment and use the proceeds and apply it to the loan balance. D. If any payments of interest or the unpaid principal balance due under this Note or any escrow fund payments for taxes or insurance required under the Security Agreement become overdue for a period in excess of ten days, the Borrower shall pay to Lender a late charge of $50 per day. If any attorney is engaged by Lender, including in-house staff (a) to collect the indebtedness evidenced hereby or due under the Loan Documents, whether or not legal proceedings are thereafter instituted by Lender; (b) to represent Lender in any bankruptcy, reorganization, receivership, or other proceedings affecting creditors’ rights and involving a claim under this Note; (c) to protect the lien of any of the Loan Documents; (d) to represent Lender in any other proceedings whatsoever in connection with this Note or any of the Loan Documents or the real estate described therein; or (e) as a result of the Borrower’s Default and collection efforts, the Borrower shall pay to Lender all reasonable attorneys’ fees and expenses incurred or determined to be due in connection therewith, in addition to all other amounts due hereunder. E. Lender’s remedies under this Note, and all of the other Loan Documents shall be cumulative and concurrent and may be pursued singly, successively, or together against the Borrower and any other Obligors (as defined below), the Property, and any other security described in the Loan Documents or any portion or combination of such real estate and other security, and Lender may resort to every other right or remedy available at law or in equity without first exhausting the rights and remedies contained herein, all in Lender’s sole discretion. Failure of Lender, for a period of time or on more than one occasion to exercise its option to accelerate the maturity date shall not constitute a waiver of the right to exercise that option at any time during the continued existence of the Default or in the event of any subsequent Default. Lender shall not by any other omission or act be deemed to waive any of its rights or remedies hereunder 422 of 432 unless such waiver is in writing and signed by Lender, and then only to the extent specifically set forth therein. A waiver in connection with one event shall not be construed as continuing or as a bar to or waiver of any right or remedy in connection with a subsequent event. 6. PAYMENT OF NOTE HOLDER'S COSTS AND EXPENSES If the Lender is required to initiate legal process as the result of the Borrower’s Default as described above, the Lender will have the right to be paid back for all of its costs and expenses incurred as a result of such Default, to the extent not prohibited by applicable law. Those costs and expenses include but are not limited to, reasonable attorneys' fees, court costs, and related litigation expenses. 7. BORROWER'S WAIVERS To the extent permitted by law, the Borrower waives all rights to require the Lender to do certain things. These things are: (A) to demand payment of amounts due (known as "presentment"); (B) to give notice that amounts due have not been paid (known as "notice to dishonor"); (C) to obtain an official certification of nonpayment (known as "protest"). If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Notes, including the promise to pay the full amount owed. Any person, who takes over these obligations, is also obligated to keep all promises made in this Note. The Lender may enforce its rights under this Note against each person individually or against all of us together. 8. GIVING OF NOTICES Any notices that must be given to the Borrower under this Note will be given by delivering or by mailing by certified mail addressed to the Borrower at the address of the Property set forth above. Any notice that must be given to the Lender under this Note will be given by delivering it or mailing it by certified mail to the Lender at the following address: City of Evanston Attn: Economic Development Division 2100 Ridge Avenue, Room 3600 Evanston, Illinois 60201 with a copy to: City of Evanston Attn: Corporation Counsel 2100 Ridge Avenue, Room 4400 Evanston, Illinois 60201 9. RESPONSIBILITY OF PERSONS UNDER THIS NOTE 423 of 432 If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note. The Lender may enforce its rights under this Note against the signatories either individually or together. This means that both signatories, either individually or together, may be required to pay all of the amounts owned under this Note. Any person who takes over the rights or obligations of the Borrower, with the written permission of the Lender, will have all of the Borrower’s rights and must keep all of the Borrower’s promises made in this Note. Notwithstanding anything in the Security Agreement to the contrary, the Loan is a recourse obligation of the Borrower. 10. GOVERNING LAW AND WAIVER OF TRIAL BY JURY This Promissory Note shall be governed by the laws of the State of Illinois. Borrower hereby represents and warrants that it knowingly and voluntarily waives any rights to trial by jury for any litigation related to or arising out of, under, or in any way connected with the obligations of this Note. 11. MISCELLANEOUS The headings of sections and paragraphs in this Note are for convenience only and shall not be construed in any way to limit or define the content, scope, or intent of the provisions hereof. As used in this Note, the singular shall include the plural, and masculine, feminine, and neuter pronouns shall be fully interchangeable, where the context so requires. If any provision of this Note, or any paragraph, sentence, clause, phrase, or word, or the application thereof, in any circumstances, is adjudicated to be invalid, the validity of the remainder of this Note shall be construed as if such invalid part were never included herein. Time is of the essence of this Note. Upon any endorsement, assignment, or other transfer of this Note by Lender or by operation of law, the term “Lender,” as used herein, shall mean s uch endorsee, assignee, or other transferee or successor to Lender then becoming the holder of this Note. This Note and all provisions hereof shall be binding on all persons claiming under or through the Undersigned. The terms “Undersigned” and “Borrower,” as used herein, shall include the respective beneficiaries, successors, assigns, legal and personal representatives, executors, administrators, devisees, legatees, and heirs of the Undersigned and Borrower and shall be binding upon the same In the event the Undersigned is an Illinois land trust, then this Note is executed by the Trustee, not personally but as Trustee as aforesaid in the exercise of the power and authority conferred on and vested in it as the Trustee, and is payable only out of the property specifically described in the Loan Documents securing the payment hereof, by the enforcement of the provisions contained therein. No personal liability shall be asserted or be enforceable against the Trustee because or in respect of this Note or the making, issue, or transfer thereof, all such liability, if any, being expressly waived by each taker and holder hereof, and each original and successive holder of this Note 424 of 432 accepts the Note on the express condition that no duty shall rest on the Trustee to sequester the rents, issues, and profits arising from the property described in the Loan Documents, or the proceeds arising from the sale or other disposition thereof, but that in case of Default in the payment of this Note or of any installment hereof, the sole remedies of the holder hereof shall be by foreclosure of the UCC Financing Statement, realization on the other security given under the other Loan Documents to secure indebtedness evidenced by this Note, in accordance with the terms and provisions se t forth herein, or any combination of the above. The Undersigned have caused this Note to be executed as of the ____ day of ___________, 2017. BORROWER: GOOD TO GO JAMAICAN CUISINE LLC By: _____________________________ Lenice Levy, Member State of Illinois ) ) ss: County of Cook ) I, the undersigned, a Notary Public in and for said County in the State aforesaid, do hereby certify that ______________________, a member of Good to Go Jamaican Cuisine LLC, an Illinois limited liability company, and personally known to me to be the same person whose name is subscribed to the foregoing instrument as such manager appeared before me this day in person and acknowledged that she signed and delivered such instrument as her own free and voluntary act, all for the uses and purposes set forth therein. Given under my hand and official seal this ____ day of _____________, 2017. Commission expires 425 of 432 EXHIBIT 1 LOAN PAYMENT SCHEDULE [inserted for illustrative purposes; revised loan payment schedule will be inserted after the TCO is issued and the first repayment date is set] Date Pmt # Payment Principal Interest Balance 2/24/2017 Starting Balance $25,000.00 5/1/2018 1 $241.65 $0.00 $241.65 $25,444.12 6/1/2018 2 $241.65 $0.00 $241.65 $25,254.55 7/1/2018 3 $241.65 $0.00 $241.65 $25,064.99 8/1/2018 4 $241.65 $124.58 $117.07 $24,875.42 9/1/2018 5 $241.65 $189.82 $51.82 $24,685.60 10/1/2018 6 $241.65 $190.22 $51.43 $24,495.38 11/1/2018 7 $241.65 $190.62 $51.03 $24,304.76 12/1/2018 8 $241.65 $191.01 $50.63 $24,113.75 1/1/2019 9 $241.65 $191.41 $50.24 $23,922.33 2/1/2019 10 $241.65 $191.81 $49.84 $23,730.52 3/1/2019 11 $241.65 $192.21 $49.44 $23,538.31 4/1/2019 12 $241.65 $192.61 $49.04 $23,345.70 5/1/2019 13 $241.65 $193.01 $48.64 $23,152.69 6/1/2019 14 $241.65 $193.41 $48.23 $22,959.28 426 of 432 7/1/2019 15 $241.65 $193.82 $47.83 $22,765.46 8/1/2019 16 $241.65 $194.22 $47.43 $22,571.24 9/1/2019 17 $241.65 $194.63 $47.02 $22,376.62 10/1/2019 18 $241.65 $195.03 $46.62 $22,181.59 11/1/2019 19 $241.65 $195.44 $46.21 $21,986.15 12/1/2019 20 $241.65 $195.84 $45.80 $21,790.30 1/1/2020 21 $241.65 $196.25 $45.40 $21,594.05 2/1/2020 22 $241.65 $196.66 $44.99 $21,397.39 3/1/2020 23 $241.65 $197.07 $44.58 $21,200.32 4/1/2020 24 $241.65 $197.48 $44.17 $21,002.84 5/1/2020 25 $241.65 $197.89 $43.76 $20,804.95 6/1/2020 26 $241.65 $198.30 $43.34 $20,606.64 7/1/2020 27 $241.65 $198.72 $42.93 $20,407.92 8/1/2020 28 $241.65 $199.13 $42.52 $20,208.79 9/1/2020 29 $241.65 $199.55 $42.10 $20,009.25 10/1/2020 30 $241.65 $199.96 $41.69 $19,809.28 11/1/2020 31 $241.65 $200.38 $41.27 $19,608.90 12/1/2020 32 $241.65 $200.80 $40.85 $19,408.11 1/1/2021 33 $241.65 $201.21 $40.43 $19,206.89 427 of 432 2/1/2021 34 $241.65 $201.63 $40.01 $19,005.26 3/1/2021 35 $241.65 $202.05 $39.59 $18,803.20 4/1/2021 36 $241.65 $202.48 $39.17 $18,600.73 5/1/2021 37 $241.65 $202.90 $38.75 $18,397.83 6/1/2021 38 $241.65 $203.32 $38.33 $18,194.51 7/1/2021 39 $241.65 $203.74 $37.91 $17,990.77 8/1/2021 40 $241.65 $204.17 $37.48 $17,786.60 9/1/2021 41 $241.65 $204.59 $37.06 $17,582.01 10/1/2021 42 $241.65 $205.02 $36.63 $17,376.99 11/1/2021 43 $241.65 $205.45 $36.20 $17,171.54 12/1/2021 44 $241.65 $205.87 $35.77 $16,965.67 1/1/2022 45 $241.65 $206.30 $35.35 $16,759.37 2/1/2022 46 $241.65 $206.73 $34.92 $16,552.63 3/1/2022 47 $241.65 $207.16 $34.48 $16,345.47 4/1/2022 48 $241.65 $207.60 $34.05 $16,137.87 5/1/2022 49 $241.65 $208.03 $33.62 $15,929.85 6/1/2022 50 $241.65 $208.46 $33.19 $15,721.38 7/1/2022 51 $241.65 $208.90 $32.75 $15,512.49 8/1/2022 52 $241.65 $209.33 $32.32 $15,303.16 428 of 432 9/1/2022 53 $241.65 $209.77 $31.88 $15,093.39 10/1/2022 54 $241.65 $210.20 $31.44 $14,883.19 11/1/2022 55 $241.65 $210.64 $31.01 $14,672.55 12/1/2022 56 $241.65 $211.08 $30.57 $14,461.46 1/1/2023 57 $241.65 $211.52 $30.13 $14,249.94 2/1/2023 58 $241.65 $211.96 $29.69 $14,037.98 3/1/2023 59 $241.65 $212.40 $29.25 $13,825.58 4/1/2023 60 $241.65 $212.85 $28.80 $13,612.74 5/1/2023 61 $241.65 $213.29 $28.36 $13,399.45 6/1/2023 62 $241.65 $213.73 $27.92 $13,185.71 7/1/2023 63 $241.65 $214.18 $27.47 $12,971.54 8/1/2023 64 $241.65 $214.62 $27.02 $12,756.91 9/1/2023 65 $241.65 $215.07 $26.58 $12,541.84 10/1/2023 66 $241.65 $215.52 $26.13 $12,326.32 11/1/2023 67 $241.65 $215.97 $25.68 $12,110.35 12/1/2023 68 $241.65 $216.42 $25.23 $11,893.93 1/1/2024 69 $241.65 $216.87 $24.78 $11,677.06 2/1/2024 70 $241.65 $217.32 $24.33 $11,459.74 3/1/2024 71 $241.65 $217.77 $23.87 $11,241.97 429 of 432 4/1/2024 72 $241.65 $218.23 $23.42 $11,023.74 5/1/2024 73 $241.65 $218.68 $22.97 $10,805.06 6/1/2024 74 $241.65 $219.14 $22.51 $10,585.92 7/1/2024 75 $241.65 $219.59 $22.05 $10,366.33 8/1/2024 76 $241.65 $220.05 $21.60 $10,146.27 9/1/2024 77 $241.65 $220.51 $21.14 $9,925.76 10/1/2024 78 $241.65 $220.97 $20.68 $9,704.79 11/1/2024 79 $241.65 $221.43 $20.22 $9,483.36 12/1/2024 80 $241.65 $221.89 $19.76 $9,261.47 1/1/2025 81 $241.65 $222.35 $19.29 $9,039.12 2/1/2025 82 $241.65 $222.82 $18.83 $8,816.30 3/1/2025 83 $241.65 $223.28 $18.37 $8,593.02 4/1/2025 84 $241.65 $223.75 $17.90 $8,369.27 5/1/2025 85 $241.65 $224.21 $17.44 $8,145.06 6/1/2025 86 $241.65 $224.68 $16.97 $7,920.38 7/1/2025 87 $241.65 $225.15 $16.50 $7,695.23 8/1/2025 88 $241.65 $225.62 $16.03 $7,469.62 9/1/2025 89 $241.65 $226.09 $15.56 $7,243.53 10/1/2025 90 $241.65 $226.56 $15.09 $7,016.97 430 of 432 11/1/2025 91 $241.65 $227.03 $14.62 $6,789.94 12/1/2025 92 $241.65 $227.50 $14.15 $6,562.44 1/1/2026 93 $241.65 $227.98 $13.67 $6,334.46 2/1/2026 94 $241.65 $228.45 $13.20 $6,106.01 3/1/2026 95 $241.65 $228.93 $12.72 $5,877.08 4/1/2026 96 $241.65 $229.40 $12.24 $5,647.68 5/1/2026 97 $241.65 $229.88 $11.77 $5,417.80 6/1/2026 98 $241.65 $230.36 $11.29 $5,187.44 7/1/2026 99 $241.65 $230.84 $10.81 $4,956.60 8/1/2026 100 $241.65 $231.32 $10.33 $4,725.27 9/1/2026 101 $241.65 $231.80 $9.84 $4,493.47 10/1/2026 102 $241.65 $232.29 $9.36 $4,261.18 11/1/2026 103 $241.65 $232.77 $8.88 $4,028.41 12/1/2026 104 $241.65 $233.26 $8.39 $3,795.15 1/1/2027 105 $241.65 $233.74 $7.91 $3,561.41 2/1/2027 106 $241.65 $234.23 $7.42 $3,327.18 3/1/2027 107 $241.65 $234.72 $6.93 $3,092.47 4/1/2027 108 $241.65 $235.21 $6.44 $2,857.26 5/1/2027 109 $241.65 $235.70 $5.95 $2,621.57 431 of 432 6/1/2027 110 $241.65 $236.19 $5.46 $2,385.38 7/1/2027 111 $241.65 $236.68 $4.97 $2,148.70 8/1/2027 112 $241.65 $237.17 $4.48 $1,911.53 9/1/2027 113 $241.65 $237.67 $3.98 $1,673.86 10/1/2027 114 $241.65 $238.16 $3.49 $1,435.70 11/1/2027 115 $241.65 $238.66 $2.99 $1,197.04 12/1/2027 116 $241.65 $239.15 $2.49 $957.89 1/1/2028 117 $241.65 $239.65 $2.00 $718.24 2/1/2028 118 $241.65 $240.15 $1.50 $478.08 3/1/2028 119 $241.65 $240.65 $1.00 $237.43 4/1/2028 120 $237.93 $237.43 $0.49 $0.00 Total 120 Pmts $28,994.09 $25,000.00 $3,994.09 432 of 432