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04.25.16 Packet
CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, April 25, 2016 Administration & Public Works (A&PW) Committee meets at 6 p.m. Planning & Development Committee (P&D) meeting 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 and Proclamations Drinking Water Week, May 1-7, 2016 Ayla’s Originals 20th Anniversary Arbor Day 2016 (III) City Manager Public Announcements (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) Special Order of Business (VII) Consent Agenda: Alderman Rainey (VII) Report of the Standing Committees Administration & Public Works - Alderman Miller Planning & Development - Alderman Tendam Human Services - Alderman Fiske 1 of 321 City Council Agenda April 25, 2016 Page 2 of 9 (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 SPECIAL ORDER OF BUSINESS (SP1) Resolution 32-R-16, Request the United States Senate to Perform its Constitutional Duty to Advise and Consent on President Obama’s Supreme Court Nominee Mayor recommends that the City Council adopt Resolution 32-R-16 asking for the United States Senate to perform its constitutional duty to provide advice and consent on President Obama’s Supreme Court nominee by promptly scheduling a hearing in the Senate Judiciary Committee for Judge Merrick Garland. For Action CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting April 18, 2016 For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) Payroll – March 21, 2016 through April 03, 2016 $3,010,607.79 (A2) FY2016 City of Evanston Bills – April 26, 2016 $2,872,084.97 For Action (A3.1)Renewal with SunGard Public Sector for CAD Software License and Service Agreement Staff recommends that the City Council authorize the City Manager to renew sole source software license and service agreement with SunGard Public Sector (1000 Business Center Drive, Lake Mary, FL) for the Police Department’s Computer Aided Dispatch (CAD) software in the amount of $69,896.00. The Agreement is effective from May 1, 2016 through April 30, 2017. Funding will be provided by the Emergency Telephone System Account 205.22.5150.62509 with a Budget of $75,000.00. SunGard agreed to keep the City’s annual maintenance fee at its current level. For Action 2 of 321 City Council Agenda April 25, 2016 Page 3 of 9 (A3.2) Renewal Contract with Otis Elevator Company for Elevator Service and Maintenance Staff recommends renewal of the sole source service and maintenance agreement with Otis Elevator Company (949 Oak Creek Drive, Lombard, IL) for 11 elevators at various city facilities in the amount of $60,324.24 for FY 2016, $60,324.24 for FY 2017 and $60,324.24 for FY 2018. The cost represents a 6% reduction from the previous 2015 contract. Funding for FY2016 will be from the following accounts: $16,452.08 for 3 Elevators at Civic and Service Centers from Facilities Account No. 100.19.1950.62425 (with a budget of $4,165) and Facilities Account No. 100.19.1950.62509 (with a budget of $74,845); $16,452.08 for 3 Elevators at Church St. from Parking Fund Account No. 505.19.7025.62425 (with a budget of $22,000); and $27,420.08 for 5 Elevators at Maple Ave. from Parking Fund Account No. 505.19.7037.62425 (with a budget of $40,000). For Action (A3.3) Renewal Contract for Testing, Repair & Certification of Fire Apparatus and Aerial Devices with Global Emergency Products Staff recommends City Council approval of a one year contract renewal (RFP 15- 30) to Global Emergency Products located (1401 N. Farnsworth Avenue, Aurora, IL 60505) in the amount of $72,300.00, to provide the required annual inspections and repairs for heavy fire apparatus vehicles assigned to Evanston Fire Department. Funding will be provided from the Vehicle Maintenance Account 600.19.7710.65060, with a budget of $1,050,000.00. For Action (A3.4) One Replacement Truck with Crane Purchase from Rush Truck Center of Northern Illinois Staff recommends City Council approval for the purchase of one replacement truck (International Harvester Truck with Crane) for the Public Works Agency from Rush Truck Center of Northern Illinois (4655 S. Central Avenue, Chicago, IL 60638-1547) in the amount of $163,450. Rush Truck Center is the State Bid winner for this type of vehicle. Funding will be from the Automotive Equipment Replacement Account 601.19.7780.65550, with a budget of $1,455,422.00. For Action (A3.5) Construction Engineering & Surveying Services Pre-Qualification Staff recommends City Council authorize the City Manager to approve the following four firms as pre-qualified and eligible to provide Construction Engineering & Surveying Services to the City of Evanston, in accordance with RFQ 16-21: Christopher B. Burke Engineering, Ltd (Rosemont, IL); Gewalt Hamilton Associates, Inc. (Vernon Hills, IL); Hampton, Lenzini and Renwick, Inc. (Elgin, IL); and Thomas Engineering Group (Lombard, IL). The purpose of this Request for Qualifications is to pre-qualify firms to provide construction engineering services and surveying services for a two-year period from May 2016 through April 2018. For Action 3 of 321 City Council Agenda April 25, 2016 Page 4 of 9 (A3.6) Dodge Avenue Bike Lane Construction Engineering Services Contract with HLR Inc. Staff recommends City Council authorize the City Manager to execute an engineering services contract for the Dodge Avenue Bike Lane Construction Engineering (RFQ 16-21) with HLR Inc. (380 Shepard Drive, Elgin, IL 60123) in the amount of $30,728.07. Funding will be provided from the Capital Improvement Program (CIP) General Obligation Bonds (Account 415.40.4116.65515) in the amount of $30,728.07. This account has available funding in the amount of $29,143. The additional funding in the amount of $1,585 is available through the delay of the Church Street Bike Path project. For Action (A3.7)Sole Source Purchase with Ozinga Ready Mix Concrete, Inc. for Concrete Staff recommends the City Council authorize the City Manager to execute a one year single source contract for the purchase concrete and flow-able fill with Ozinga Ready Mix Concrete Inc. (2222 South Lumber Street, Chicago, IL) in the amount of $63,100. Funding for this purchase will be as follows: $47,900 out of the General Fund (Account 100.40.4510.65055 with a budget of $132,500), $7,600 out of the Water Fund (Account 510.40.4540.65051 with a budget of $27,600), and $7,600 out of the Sewer Fund (Account 515.40.4530.65051 with a budget of $10,000). For Action (A3.8) Contract with SmithGroup JJR for Church Street South Pier Reconstruction Staff recommends City Council authorize the City Manager to execute a contract for the Church Street South Pier Reconstruction Project with SmithGroup JJR (35 E. Wacker, Suite 2200, IL 60601) in the amount of $80,000.00. Funding will be provided from the Capital Improvement Program General Obligation Bonds (Account 415.40.4116.62145 – 516002). This project was budgeted at $450,000 in FY 2016. For Action (A3.9)Contract with Patriot Pavement Maintenance for 2016 Crack Sealing Program Staff recommends City Council authorize the City manager to approve a contract with Patriot Pavement Maintenance, (825 Segers RD Des Plaines IL 60016) in the amount of $70,000. Patriot Pavement Maintenance was the lowest responsive bidder for the 2016 Municipal Partnering Initiative Crack Sealing Contract. Funding for this work will be from the General Fund Street Maintenance Account (100.40.4510.62509) in the amount of $70,000, which has $70,000 budgeted for contract maintenance for Fiscal Year 2016. For Action 4 of 321 City Council Agenda April 25, 2016 Page 5 of 9 (A3.10)Contract with Lakeshore Recycling Systems for Condo Waste Management Staff recommends City Council authorize the City Manager to notify Lakeshore Recycling Systems, Inc. (6132 W. Oakton Street, Morton Grove, IL 60053) that the City will extend the current Solid Waste Services Agreement between the two parties for an additional one-year period, or until October 31, 2017. Funding for this work will be from the Solid Waste Fund, Condo Refuse Collection Account (520.40.4310.62390). This account has a 2016 budget amount of $418,000. For Action (A3.11)Change Order No. 2 with Carollo Engineers, Inc. for Engineering Services for the Evanston Water Utility 48-inch Diameter Intake Improvements (RFP 12-113) Staff recommends City Council authorize the City Manager to execute Change Order No. 2 to an agreement for Engineering Services for the Evanston Water Utility 48-inch Diameter Intake Improvements project with Carollo Engineers, Inc. (1200 Shermer Road, Suite 214, Northbrook, IL) in the not-to-exceed amount of $3,892.00, increasing the contract amount from $160,658 to $164,550. This change order will also extend the contract completion date by 411 days, from March 31, 2015 to May 15, 2016. Funding in the amount of $3,892.00 will be from the Water Fund, Capital Improvement Account 513.71.7330.62140 – 733074. There is not a specific allocation for this project in FY 2016, but funding is available in the budget for the Treated Water Storage Replacement project, which will not begin construction until 2017. For Action (A3.12)Change Order No. 4 with Lake Erie Diving, Inc. for 48-Inch Diameter Water Intake Improvements (Bid 14-04) Staff recommends City Council authorize the City Manager to execute Change Order No. 4 for the 48-Inch Diameter Intake Improvements with Lake Erie Diving, Inc. (362 Blackbrook Road, Painesville, OH) in the amount of $69,161.52. This change order will increase the contract amount from $1,444,196 to $1,513,357.52. The contract time will be increased by 289 days from July 31, 2015 to May 15, 2016. An IEPA State Revolving Fund loan, in an amount up to $1,427,700.16, will fund construction of this project. This amount includes a contingency of up to 3% above the bid price of the project. Because of previous change orders with the contractor, this change order exceeds the loan contingency and will be funded directly by the Water Fund. For Action 5 of 321 City Council Agenda April 25, 2016 Page 6 of 9 (A4) Resolution 21-R-16 Authorizing Approval of the Illinois Department of Transportation Agency Agreement for the Central Street Bridge Phase I Project Staff recommends approval of Resolution 21-R-16 authorizing the City Manager to sign a Local Agency Agreement with the Illinois Department of Transportation (IDOT) for the Central Street Bridge Phase 1 Project. The Agreement establishes the maximum grant funding at 80% not to exceed $352,000. The negotiated final cost for Phase I Engineering Study is $438,100, of which $350,400 (80%) will be funded from a federal grant from the Surface Transportation Program – Bridge program (Account No. 415.40.4216.62145 ($350,000 budgeted)) and $87,700 (20%) from the City’s Capital Improvement Program (CIP) General Obligation Bonds (Account No. 415.40.4116.62145 ($90,000 budgeted)). For Action (A5) Resolution 28-R-16 Authorizing City Manager to Sign Preliminary Services Agreement with IDOT and Professional Services Agreement with Stanley Consultants, Inc. for the Central Street Bridge Phase I Engineering Study Staff recommends approval of Resolution 28-R-16 authorizing the City Manager to Sign a Preliminary Engineering Services Agreement for Federal Participation with the Illinois Department of Transportation (IDOT) and a Professional Services Agreement with Stanley Consultants, Inc. (850 West Higgins Road, Suite 730, Chicago, IL 60631) for the Central Street Bridge Phase I Engineering Study. The negotiated final cost for Phase I Engineering Study is $438,100, of which $350,400 (80%) will be funded from a federal grant from the Surface Transportation Program – Bridge program (Account No. 415.40.4216.62145 with a budget of $350,000) and $87,700 (20%) from the City’s Capital Improvement Program (CIP) General Obligation Bonds (Account No. 415.40.4116.62145 with a budget of $90,000). For Action (A6) Resolution 30-R-16, Northwestern University Utility Easement - Chicago Avenue Staff recommends City Council adopt Resolution 30-R-16 authorizing the City Manager to grant an easement for chilled water pipe installation on Chicago Avenue to Northwestern University. The easement would be granted for a 50 year period. Northwestern University will fund the project and will be assessed a one-time easement fee of $58,035.21. For Action (A7) Resolution 31-R-16 Northwestern University Utility Easement - Emerson Street Staff recommends City Council adopt Resolution 31-R-16 authorizing the City Manager to grant an easement for chilled water pipe installation on Emerson Street to Northwestern University. The easement would be granted for a 50 year period. Northwestern University will fund the project and will be assessed a one- time easement fee of $152,266.98. For Action 6 of 321 City Council Agenda April 25, 2016 Page 7 of 9 (A8) Resolution 33-R-16 Lease Agreement for the Noyes Street Theater at the Noyes Cultural Arts Center with the Mudlark Theater Company Staff recommends City Council adoption of Resolution 33-R-16 authorizing the City Manager to enter into an agreement for an eight (8) month lease term for the Noyes Street Theater at the Noyes Cultural Arts Center with Mudlark Theater Company. Collected theatre revenue is budgeted in Business Unit 100.30.3720.53565. The theater’s 2016 monthly rental rate would be $3,060 and Mudlark Theater Company is required to do $3,672 in community services no later than May 31, 2017. The 2016 rates listed above reflect a 2% rate increase from the prior year. For Action (A9) Resolution 29-R-16 Authorizing City Manager to Negotiate and Execute Residential Leases for Two Apartments Located at 631 Howard Street Staff recommends that the City Council approve Resolution 29-R-16 “Authorizing the City Manager to Execute Residential Leases for Two Apartments Located at 631 Howard Street”. These are renewals of leases for tenants in each of the two units at this property. For Action (A10) Resolution 35-R-16 Approving the Short Sale of 2424 Dempster f/k/a Chicago’s Home of Chicken & Waffles to a New Buyer and Actions Related Thereto Staff submits for consideration Resolution 35-R-16 to accept the short sale on the City’s loan to Signature Foods Solutions, Inc. d/b/a Chicago’s Home of Chicken & Waffles (“CW”) and forgive the deficiency owed to the City following the short sale. CW closed its business at 2424 Dempster in 2015. It proposes to sell the property and requests a payoff letter related to the $200,000 Economic Development Fund loan given to it by the City in 2012. CW proposes to pay $59,832.36 on the loan/mortgage, leaving a remaining deficiency owed to the City of $154,346.55. For Action (A11) Ordinance 45-O-16, Sale of Surplus Property Fleet Vehicles Staff recommends that City Council adopt Ordinance 45-O-16 which directs the City Manager to offer the sale of vehicles owned by the City through public auction at the special Northwest Municipal Vehicle Auction being sponsored by America’s Auto Auctions on or around Tuesday, May 10, 2016 or any other subsequent America’s Online Auction as these vehicles become available, on a timely basis, as a result of new vehicle replacements being placed into service. For Introduction (A12) Ordinance 43-O-16 Amending City Code Subsection 8-4-12 (A), “Refuse” Staff recommends approval of Ordinance 43-O-16 amending the City Code related to the fee structure for collection and disposal of refuse for condominiums. For Introduction 7 of 321 City Council Agenda April 25, 2016 Page 8 of 9 (A13) Ordinance 37-O-16, Amending City Code Subsection 8-4-3 (G), “Special Pick-Up Fee Staff recommends approval of Ordinance 37-O-16 amending the City Code related to special pick-up fee structure. For Introduction (A14) Ordinance 40-O-16 amend Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 22: Evanston Resident Only Parking The Transportation/Parking Committee and staff recommend that the City Council adopt Ordinance 40-O-16 amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 22: Evanston Resident Only Parking District subsection (B) District E-2 boundaries: to delete Clyde Avenue, Callan Avenue and Elmwood Avenue from Howard Street to the first alley north of Howard Street. For Action (A15) Ordinance 41-O-16, Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 18(B): Resident Parking Only District The Transportation/Parking Committee and staff recommend that the City Council adopt Ordinance 41-O-16 amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 18(B): Resident Parking Only District 2 to read: 2. Those residents having a legal address on the west side of Ridge Avenue between Austin Street and Harvard Terrace. For Action (A16) Ordinance 35-O-16, Decreasing the Number of Class T Liquor Licenses for Now We’re Cookin’, Inc. d/b/a Now We’re Cookin’, 1601 Payne Street, Unit C Staff recommends City Council adoption of Ordinance 35-O-16, which amends Evanston City Code of 2012 Subsection 3-4-6-(T), as amended, to decrease the number of authorized Class T liquor licenses from three (3) to two (2). Now We’re Cookin’, Inc, d/b/a Now We’re Cookin’, 1601 Payne Street, Unit C, is not renewing its liquor license. For Action PLANNING & DEVELOPMENT COMMITTEE (The April 25, 2016 Planning and Development meeting has been cancelled) 8 of 321 City Council Agenda April 25, 2016 Page 9 of 9 MEETINGS SCHEDULED THROUGH MAY 2016 Upcoming Aldermanic Committee Meetings Wed, Apr 27 6:00 PM Transportation/Parking Committee Wed, Apr 27 7:00 PM Economic Development Committee Mon, May 2 6:00 PM Human Services Committee Thurs, May 2 7:00 PM Housing and Homelessness Commission / Commission on Aging Mon, May 9 6:00 PM A&PW, P&D, City Council meetings Mon, May 16 7:00 PM City Council meeting Tues, May 17 7:00 PM Housing & Community Development Act Mon, May 23 6:00 PM A&PW, P&D, City Council meetings Wed, May 25 6:00 PM Transportation/Parking Committee Wed, May 25 7:00 PM Economic Development Committee Wed, Apr 27 6 pm Transportation/Parking Committee Wed, Apr 27 7 pm Economic Development Committee 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. 9 of 321 For City Council meeting of April 25, 2016 Item SP1 Resolution 32-R-16 Regarding Judge Merrick Garland Nomination to United States Supreme Court For Action To: Honorable Mayor and Members of the City Council From: Martin Lyons, Assistant City Manager Subject: Resolution 32-R-16, Request the United States Senate to Perform its Constitutional Duty to Advise and Consent on President Obama’s Supreme Court Nominee Date: April 14, 2016 Recommended Action: Mayor Elizabeth B. Tisdahl recommends that the City Council adopt Resolution 32-R-16 asking for the United States Senate to perform its constitutional duty to provide advice and consent on President Obama’s Supreme Court nominee by: (1) Promptly scheduling a hearing in the Senate Judiciary Committee for Judge Merrick Garland, so that his nomination can be considered on its merits in an open and transparent manner; and (2) Holding a confirmation vote on the Senate floor, with opportunity for debate on Judge Merrick Garland’s nomination; and (3) W orking on behalf of the people of the United States to ensure that the vacancy on the Supreme Court is filled without undue and unnecessary delay so that the Supreme Court can effectively serve its essential constitutional function as the final arbiter of the law. Attachments: Resolution 32-R-16 Memorandum 10 of 321 4/13/2016 32-R-16 A RESOLUTION Expressing the sense of the Evanston City Council regarding the constitutional duty of the United States Senate to advise and consent on the President’s nomination of Judge Merrick Garland to the Supreme Court of the United States WHEREAS the Constitution of the United States provides that the Senate shall provide Advice and Consent for appointments to the Supreme Court of the United States; WHEREAS the Senate’s constitutional duty to advise and consent on judicial nominees is one of its most important and solemn responsibilities; WHEREAS the Senate confirmed more than a dozen Supreme Court justices in presidential election years, including five in the last 100 years; WHEREAS the Senate confirmed justices in presidential election years in which the executive and legislative branches of government were divided between two political parties, including Justice Anthony Kennedy’s confirmation in 1988; WHEREAS the Senate Judiciary Committee never denied a Supreme Court nominee a hearing since it began holding public confirmation hearings; WHEREAS if the Senate refuses to consider a Supreme Court nominee until after the next President is sworn into office, it will result in the longest Supreme Court vacancy caused by Senate inaction since the Civil War; 11 of 321 32-R-16 ~ 2 ~ WHEREAS the Supreme Court serves an essential function resolving critical questions of law that affect our community, its economy, and its citizens; WHEREAS the President nominated Merrick Garland, Chief Judge of the U.S. Court of Appeals for the District of Columbia Circuit; WHEREAS forcing the Supreme Court to function with only eight justices risks creating numerous instances in which the Court is evenly divided on the outcome of a case, preventing the Court from resolving conflicting interpretations of the Constitution among different regions of the Nation and thereby undermining the Supreme Court’s role as the final arbiter of the law; WHEREAS every Supreme Court nominee who was not withdrawn by the President has received an up-or-down vote within 125 days of President’s nomination announcement; WHEREAS the Supreme Court vacancy caused by the death of Justice Antonin Scalia occurred on February 13, 2016, 269 days before the 2016 presidential election, and since 1975, the average number of days from nomination to confirmation vote for a Supreme Court nominee has been 70 days. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the foregoing recitals are hereby found as fact and incorporated herein by reference. 12 of 321 32-R-16 ~ 3 ~ SECTION 2: That the Senate should perform its constitutional duty to provide advice and consent on the President’s Supreme Court nominee by: (1) promptly scheduling a hearing in the Senate Judiciary Committee for Judge Merrick Garland, so that his nomination can be considered on its merits in an open and transparent manner; and (2) holding a confirmation vote on the Senate floor, with opportunity for debate on Judge Merrick Garland’s nomination; and (3) working on behalf of the people of the United States to ensure that the vacancy on the Supreme Court is filled without undue and unnecessary delay so that the Supreme Court can effectively serve its essential constitutional function as the final arbiter of the law. SECTION 3: This resolution 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: __________________, 2016 13 of 321 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, April 18, 2016 Roll Call: Alderman Braithwaite Alderman Fiske Alderman Revelle Alderman Wynne Alderman Rainey Alderman Wilson Alderman Miller Alderman Holmes Absent: Alderman Tendam Presiding: Mayor Tisdahl The Regular Meeting of the City Council was called to order by Mayor Tisdahl after Roll Call demonstrated a quorum was in place at 8:05pm pm. Mayor Public Announcements Mayor Tisdahl stated she had none. City Manager Public Announcements Mr. Bobkiewicz stated Alderman Tendam was ill, and that’s why he was not present. Communications: City Clerk Clerk Greene stated he had no communications. Citizen Comment Junad Rizki made accusations of Council’s interference in closing of Dave’s Italian Kitchen, Robert Crown’s funding, staff and City Manager’s lack of planning. John Nickel spoke of his concerns with the proposed Robert Crown plans, and asked the Council to be very vigilant in keeping the original footprint. Alderman Rainey read the Consent Agenda asking for approval of the minutes of April 11, 2016. There was a second and a voice vote to approve the minutes. SPECIAL ORDERS OF BUSINESS (SP1) ROBERT CROWN CENTER FUND RAISING FEASIBILITY STUDY 14 of 321 City Council Agenda March 21, 2016 Page 2 of 2 10/24/2013 6:42 PM City Manager asked Mr. Lyons, Assistant City Manager to present the progress of the study. Mr. Lyons stated he would bring forth the following persons to discuss their involvement in the study: Mr. Hemmingway, Director Park Recreation Community Services, Ms. Lyons, Library Director, Michael Happ and Laura Bacon of the CPS Fund Raising Organization They all stated their commitment to the campaign. Call of the Wards: Ward 9, Alderman Miller had no report. Ward 1, Alderman Fisk had no report. Ward 2, Alderman Braithwaite announced this Friday from 8-12pm meeting in the parasol room. Ward 3, Alderman Wynne announced her 3rd ward Town Hall meeting on Thursday May 5th at Lincoln School 7-9:30pm. Ward 4, Alderman Wilson announced the Fountain Square meeting. Ward 5, Alderman Holmes mentioned her ward meeting this Thursday, with discussion of Block Organizations and their involvement in the communities. Ward 7, Alderman Revelle stated there were many alleys in her ward needing repairs. Ward 8, Alderman Rainey announced on Wednesday night at 6pm the second meeting of the neighborhood integrity ordinance. Mr. Lyons concluded the proposal by stating the repairs will last for another 40 years. Mr. Lyons also answered questions from the Council members, and admitting the project is a bit aggressive. Mayor asked for a motion to adjourn and it was 2nd by many and the Regular Meeting of the City Council ended at 8:50 pm. Submitted by, Hon. Rodney Greene, MMC City Clerk of Evanston 15 of 321 ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, April 25, 2016 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 MILLER, CHAIR II. NATIONAL DRINKING WATER WEEK 3RD GRADE ART CONTEST AWARD PRESENTATION III. APPROVAL OF MINUTES OF REGULAR MEETING OF APRIL 11, 2016 IV. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through April 03, 2016 $3,010,607.79 (A2) FY2016 City of Evanston Bills – April 26, 2016 $2,872,084.97 For Action (A3.1)Renewal with SunGard Public Sector for CAD Software License and Service Agreement Staff recommends that the City Council authorize the City Manager to renew sole source software license and service agreement with SunGard Public Sector (1000 Business Center Drive, Lake Mary, FL) for the Police Department’s Computer Aided Dispatch (CAD) software in the amount of $69,896.00. The Agreement is effective from May 1, 2016 through April 30, 2017. Funding will be provided by the Emergency Telephone System Account 205.22.5150.62509 with a Budget of $75,000.00. SunGard agreed to keep the City’s annual maintenance fee at its current level. For Action 16 of 321 (A3.2) Renewal Contract with Otis Elevator Company for Elevator Service and Maintenance Staff recommends renewal of the sole source service and maintenance agreement with Otis Elevator Company (949 Oak Creek Drive, Lombard, IL) for 11 elevators at various City facilities in the amount of $60,324.24 for FY 2016, $60,324.24 for FY 2017 and $60,324.24 for FY 2018. The cost represents a 6% reduction from the previous 2015 contract. Funding for FY 2016 will be from the following accounts: $16,452.08 for 3 Elevators at Civic and Service Centers from Facilities Account No. 100.19.1950.62425 (with a budget of $4,165) and Facilities Account No. 100.19.1950.62509 (with a budget of $74,845); $16,452.08 for 3 Elevators at Church St. from Parking Fund Account No. 505.19.7025.62425 (with a budget of $22,000); and $27,420.08 for 5 Elevators at Maple Ave. from Parking Fund Account No. 505.19.7037.62425 (with a budget of $40,000). For Action (A3.3) Renewal Contract for Testing, Repair & Certification of Fire Apparatus and Aerial Devices with Global Emergency Products Staff recommends City Council approval of a one year contract renewal (RFP 15- 30) to Global Emergency Products located (1401 N. Farnsworth Avenue, Aurora, IL 60505) in the amount of $72,300.00, to provide the required annual inspections and repairs for heavy fire apparatus vehicles assigned to Evanston Fire Department. Funding will be provided from the Vehicle Maintenance Account 600.19.7710.65060, with a budget of $1,050,000.00. For Action (A3.4) One Replacement Truck with Crane Purchase from Rush Truck Center of Northern Illinois Staff recommends City Council approval for the purchase of one replacement truck (International Harvester Truck with Crane) for the Public Works Agency from Rush Truck Center of Northern Illinois (4655 S. Central Avenue, Chicago, IL 60638-1547) in the amount of $163,450. Rush Truck Center is the State Bid winner for this type of vehicle. Funding will be from the Automotive Equipment Replacement Account 601.19.7780.65550, with a budget of $1,455,422.00. For Action (A3.5) Construction Engineering & Surveying Services Pre-Qualification Staff recommends City Council authorize the City Manager to approve the following four firms as pre-qualified and eligible to provide Construction Engineering & Surveying Services to the City of Evanston, in accordance with RFQ 16-21: Christopher B. Burke Engineering, Ltd (Rosemont, IL); Gewalt Hamilton Associates, Inc. (Vernon Hills, IL); Hampton, Lenzini and Renwick, Inc. (Elgin, IL); and Thomas Engineering Group (Lombard, IL). The purpose of this Request for Qualifications is to pre-qualify firms to provide construction engineering services and surveying services for a two-year period from May 2016 through April 2018. For Action 17 of 321 (A3.6) Dodge Avenue Bike Lane Construction Engineering Services Contract with HLR Inc. Staff recommends City Council authorize the City Manager to execute an engineering services contract for the Dodge Avenue Bike Lane Construction Engineering (RFQ 16-21) with HLR Inc. (380 Shepard Drive, Elgin, IL 60123) in the amount of $30,728.07. Funding will be provided from the Capital Improvement Program (CIP) General Obligation Bonds (Account 415.40.4116.65515) in the amount of $30,728.07. This account has available funding in the amount of $29,143. The additional funding in the amount of $1,585 is available through the delay of the Church Street Bike Path project. For Action (A3.7)Sole Source Purchase with Ozinga Ready Mix Concrete, Inc. for Concrete Staff recommends the City Council authorize the City Manager to execute a one year single source contract for the purchase concrete and flow-able fill with Ozinga Ready Mix Concrete Inc. (2222 South Lumber Street, Chicago, IL) in the amount of $63,100. Funding for this purchase will be as follows: $47,900 out of the General Fund (Account 100.40.4510.65055 with a budget of $132,500), $7,600 out of the Water Fund (Account 510.40.4540.65051 with a budget of $27,600), and $7,600 out of the Sewer Fund (Account 515.40.4530.65051 with a budget of $10,000). For Action (A3.8) Contract with SmithGroup JJR for Church Street South Pier Reconstruction Staff recommends City Council authorize the City Manager to execute a contract for the Church Street South Pier Reconstruction Project with SmithGroup JJR (35 E. Wacker, Suite 2200, IL 60601) in the amount of $80,000.00. Funding will be provided from the Capital Improvement Program General Obligation Bonds (Account 415.40.4116.62145 – 516002). This project was budgeted at $450,000 in FY 2016. For Action (A3.9)Contract with Patriot Pavement Maintenance for 2016 Crack Sealing Program Staff recommends City Council authorize the City manager to approve a contract with Patriot Pavement Maintenance, (825 Segers Rd., Des Plaines IL 60016) in the amount of $70,000. Patriot Pavement Maintenance was the lowest responsive bidder for the 2016 Municipal Partnering Initiative Crack Sealing Contract. Funding for this work will be from the General Fund Street Maintenance Account (100.40.4510.62509) in the amount of $70,000, which has $70,000 budgeted for contract maintenance for Fiscal Year 2016. For Action 18 of 321 (A3.10)Contract with Lakeshore Recycling Systems for Condo Waste Management Staff recommends City Council authorize the City Manager to notify Lakeshore Recycling Systems, Inc. (6132 W. Oakton Street, Morton Grove, IL 60053) that the City will extend the current Solid Waste Services Agreement between the two parties for an additional one-year period, or until October 31, 2017. Funding for this work will be from the Solid Waste Fund, Condo Refuse Collection Account (520.40.4310.62390). This account has a 2016 budget amount of $418,000. For Action (A3.11)Change Order No. 2 with Carollo Engineers, Inc. for Engineering Services for the Evanston Water Utility 48-inch Diameter Intake Improvements (RFP 12-113) Staff recommends City Council authorize the City Manager to execute Change Order No. 2 to an agreement for Engineering Services for the Evanston Water Utility 48-inch Diameter Intake Improvements project with Carollo Engineers, Inc. (1200 Shermer Road, Suite 214, Northbrook, IL) in the not-to-exceed amount of $3,892.00, increasing the contract amount from $160,658 to $164,550. This change order will also extend the contract completion date by 411 days, from March 31, 2015 to May 15, 2016. Funding in the amount of $3,892.00 will be from the Water Fund, Capital Improvement Account 513.71.7330.62140 – 733074. There is not a specific allocation for this project in FY 2016, but funding is available in the budget for the Treated Water Storage Replacement project, which will not begin construction until 2017. For Action (A3.12)Change Order No. 4 with Lake Erie Diving, Inc. for 48-Inch Diameter Water Intake Improvements (Bid 14-04) Staff recommends City Council authorize the City Manager to execute Change Order No. 4 for the 48-Inch Diameter Intake Improvements with Lake Erie Diving, Inc. (362 Blackbrook Road, Painesville, OH) in the amount of $69,161.52. This change order will increase the contract amount from $1,444,196 to $1,513,357.52. The contract time will be increased by 289 days from July 31, 2015 to May 15, 2016. An IEPA State Revolving Fund loan, in an amount up to $1,427,700.16, will fund construction of this project. This amount includes a contingency of up to 3% above the bid price of the project. Because of previous change orders with the contractor, this change order exceeds the loan contingency and will be funded directly by the Water Fund. For Action 19 of 321 (A4) Resolution 21-R-16 Authorizing Approval of the Illinois Department of Transportation Agency Agreement for the Central Street Bridge Phase I Project Staff recommends approval of Resolution 21-R-16 authorizing the City Manager to sign a Local Agency Agreement with the Illinois Department of Transportation (IDOT) for the Central Street Bridge Phase 1 Project. The Agreement establishes the maximum grant funding at 80% not to exceed $352,000. The negotiated final cost for Phase I Engineering Study is $438,100, of which $350,400 (80%) will be funded from a federal grant from the Surface Transportation Program – Bridge program (Account No. 415.40.4216.62145 ($350,000 budgeted)) and $87,700 (20%) from the City’s Capital Improvement Program (CIP) General Obligation Bonds (Account No. 415.40.4116.62145 ($90,000 budgeted)). For Action (A5) Resolution 28-R-16 Authorizing City Manager to Sign Preliminary Services Agreement with IDOT and Professional Services Agreement with Stanley Consultants, Inc. for the Central Street Bridge Phase I Engineering Study Staff recommends approval of Resolution 28-R-16 authorizing the City Manager to Sign a Preliminary Engineering Services Agreement for Federal Participation with the Illinois Department of Transportation (IDOT) and a Professional Services Agreement with Stanley Consultants, Inc. (850 West Higgins Road, Suite 730, Chicago, IL 60631) for the Central Street Bridge Phase I Engineering Study. The negotiated final cost for Phase I Engineering Study is $438,100, of which $350,400 (80%) will be funded from a federal grant from the Surface Transportation Program – Bridge program (Account No. 415.40.4216.62145 with a budget of $350,000) and $87,700 (20%) from the City’s Capital Improvement Program (CIP) General Obligation Bonds (Account No. 415.40.4116.62145 with a budget of $90,000). For Action (A6) Resolution 30-R-16, Northwestern University Utility Easement - Chicago Avenue Staff recommends City Council adopt Resolution 30-R-16 authorizing the City Manager to grant an easement for chilled water pipe installation on Chicago Avenue to Northwestern University. The easement would be granted for a 50 year period. Northwestern University will fund the project and will be assessed a one-time easement fee of $58,035.21. For Action (A7) Resolution 31-R-16 Northwestern University Utility Easement - Emerson Street Staff recommends City Council adopt Resolution 31-R-16 authorizing the City Manager to grant an easement for chilled water pipe installation on Emerson Street to Northwestern University. The easement would be granted for a 50 year period. Northwestern University will fund the project and will be assessed a one- time easement fee of $152,266.98. For Action 20 of 321 (A8) Resolution 33-R-16 Lease Agreement for the Noyes Street Theater at the Noyes Cultural Arts Center with the Mudlark Theater Company Staff recommends City Council adoption of Resolution 33-R-16 authorizing the City Manager to enter into an agreement for an eight (8) month lease term for the Noyes Street Theater at the Noyes Cultural Arts Center with Mudlark Theater Company. Collected theatre revenue is budgeted in Business Unit 100.30.3720.53565. The theater’s 2016 monthly rental rate would be $3,060 and Mudlark Theater Company is required to do $3,672 in community services no later than May 31, 2017. The 2016 rates listed above reflect a 2% rate increase from the prior year. For Action (A9) Resolution 29-R-16 Authorizing City Manager to Negotiate and Execute Residential Leases for Two Apartments Located at 631 Howard Street Staff recommends that City Council approve Resolution 29-R-16 “Authorizing the City Manager to Execute Residential Leases for Two Apartments Located at 631 Howard Street”. These are renewals of leases for tenants in each of the two units at this property. For Action (A10) Resolution 35-R-16 Approving the Short Sale of 2424 Dempster f/k/a Chicago’s Home of Chicken & Waffles to a New Buyer and Actions Related Thereto Staff submits for consideration Resolution 35-R-16 to accept the short sale on the City’s loan to Signature Foods Solutions, Inc. d/b/a Chicago’s Home of Chicken & Waffles (“CW”) and forgive the deficiency owed to the City following the short sale. CW closed its business at 2424 Dempster in 2015. It proposes to sell the property and requests a payoff letter related to the $200,000 Economic Development Fund loan given to it by the City in 2012. CW proposes to pay $59,832.36 on the loan/mortgage, leaving a remaining deficiency owed to the City of $154,346.55. For Action (A11) Ordinance 45-O-16, Sale of Surplus Property Fleet Vehicles Staff recommends that City Council adopt Ordinance 45-O-16, which directs the City Manager to offer the sale of vehicles owned by the City through public auction at the special Northwest Municipal Vehicle Auction being sponsored by America’s Auto Auctions on or around Tuesday, May 10, 2016 or any other subsequent America’s Online Auction as these vehicles become available, on a timely basis, as a result of new vehicle replacements being placed into service. For Introduction (A12) Ordinance 43-O-16 Amending City Code Subsection 8-4-12 (A), “Refuse” Staff recommends adoption of Ordinance 43-O-16 amending the City Code related to the fee structure for collection and disposal of refuse for condominiums. For Introduction 21 of 321 (A13) Ordinance 37-O-16, Amending City Code Subsection 8-4-3 (G), “Special Pick-Up Fee Staff recommends City Council adopt Ordinance 37-O-16 amending the City Code related to special pick-up fee structure. For Introduction (A14) Ordinance 40-O-16 amend Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 22: Evanston Resident Only Parking The Transportation/Parking Committee and staff recommend that City Council adopt Ordinance 40-O-16 amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 22: Evanston Resident Only Parking District subsection (B) District E-2 boundaries: to delete Clyde Avenue, Callan Avenue and Elmwood Avenue from Howard Street to the first alley north of Howard Street. For Action (A15) Ordinance 41-O-16, Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 18(B): Resident Parking Only District The Transportation/Parking Committee and staff recommend that City Council adopt Ordinance 41-O-16 amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 18(B): Resident Parking Only District 2 to read: 2. Those residents having a legal address on the west side of Ridge Avenue between Austin Street and Harvard Terrace. For Action (A16) Ordinance 35-O-16, Decreasing the Number of Class T Liquor Licenses for Now We’re Cookin’, Inc. d/b/a Now We’re Cookin’, 1601 Payne Street, Unit C Staff recommends City Council adopt Ordinance 35-O-16, which amends Evanston City Code of 2012 Subsection 3-4-6-(T), as amended, to decrease the number of authorized Class T liquor licenses from three (3) to two (2). Now We’re Cookin’, Inc, d/b/a Now We’re Cookin’, 1601 Payne Street, Unit C, is not renewing its liquor license. For Action V. ITEMS FOR DISCUSSION (APW1)City Regulation of Taxis and Shared Ride Services Staff is recommending that the City Council direct staff to review the City’s taxi regulations and practices, as outlined in Chapter 17 of the City Code, for streamlining and updating opportunities. Staff also proposes to seek input on the review process through the Taxicab Advisory Board. The process would review such items as the City’s taxi vehicle license renewal process, chauffeur driver license application requirements, and required chauffeur driver’s training course. 22 of 321 VI. COMMUNICATIONS VII. ADJOURNMENT 23 of 321 Page 1; Rev. 4/20/2016 2:24:31 PM Administration and Public Works Committee Meeting Minutes of April 11, 2016 James C. Lytle Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: B. Miller, D. Holmes, P. Braithwaite MEMBERS ABSENT: A. Rainey STAFF PRESENT: M. Lyons, G. Farrar, D. Stoneback, E. Storlie, B. Dorneker, S. Nagar, C. Caneva, O. Murillo, T. Turner, M. Muenzer, R. Voss, S. Flax, L. Biggs, R. Dahal, S. Ciolek, G. Gerdes, D. Manis, N. Holden-Corbett, S. Levine, DC Parrott STAFF ABSENT: W. Bobkiewicz, A. King, Chief Eddington, D. King, DC Pickett, L. Hemingway, M. Masoncup, J. Maiworm, J. Calderon, P. D’Agostino, E. Thomas-Smith, J. Leonard, K. Knapp, K. Richardson, Chief Klaiber PRESIDING OFFICIAL: Ald. Miller I. DECLARATION OF A QUORUM: ALDERMAN MILLER, CHAIR A quorum being present, Ald. Miller called the meeting to order at 6:11 p.m. II. APPROVAL OF MINUTES OF REGULAR MEETING OF MARCH 28, 2016 Ald. Holmes moved to accept the Minutes of March 28, 2016 A&PW meeting as submitted, seconded by Ald. Braithwaite. The Minutes of the March 28, 2016 A&PW meeting were approved unanimously 3-0. III. PUBLIC COMMENT Tim Schoolmaster spoke regarding Item A13 Naming of Autobarn Place. He raised the issue of Autobarn’s wheel tax status for all of their dealer plates. He encouraged the Committee to settle the wheel tax issue before renaming a City street after their business. David Ellis, 1319 Grant, spoke regarding the employee data breach during the mailing of the 1095-C form. He asked about the City’s response to credit breaches of active employees. Acting City Manager Lyons explained that a letter has been sent to all impacted staff offering 1 year of security monitoring paid for by the City from 4/11/16-4/7/17. At Ald. Braithwaite’s inquiry, he will also provide a one page summary to the Council with more background. Peter Hett, a representative of Autobarn, supports the street name change. Acting City Manager Lyons will follow up on Autobarn data. The City is currently withholding Economic Development funds until the wheel tax is settled. It is DRAFT - NOT APPROVED 24 of 321 Page 2; Rev. 4/20/2016 2:24:31 PM estimated that Autobarn owes approximately $3,400 for 2016. Sarah McLaughlin felt that the massage licensing ordinance was prohibitive to massage businesses. She asked that revisions be made to remove language regarding body parts and noted no male genitalia language included in the proposed ordinance at all. She would also like the ability to post pricing next to licensing. She suggested banning overnight hours in an effort to prevent prostitution. Ald. Holmes plans to ask that this item be held tonight to review the language. Ald. Braithwaite added that the Council is paying close attention to it. Steve Rogne, Director of the Zen Shitazu School in Evanston, was very concerned about human trafficking, but felt there was a lack of stakeholder input in the proposed ordinance. He suggested forming a task force to review this item. James Specker, Director of the American Massage Therapy Association, offered to consult with the City as a professional in the industry in revising the language of the ordinance. Christian Pappas has been a spa owner for 14 years. He felt that the area of concern is prostitution. He noted that the state massage licensing process is extensive. David Guran spoke regarding the Emerson/Ridge/Green Bay project. His concerns included the impact of dropping the second lane east of Ridge, the creation of an access drive onto Ridge and pedestrian safety. He was also against the renaming of Autobarn Place and the dredging of the Church Street boat ramp due to the lake level rising. IV. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through March 20, 2016 $2,674,316.30 For Action Ald. Holmes moved to recommend approval of the City of Evanston payroll through March 20, 2016, seconded by Ald. Braithwaite. The Committee voted unanimously 3-0 to approve the payroll. (A2) FY2016 City of Evanston Bills – April 12, 2016 $3,820,884.90 Credit Card Activity -- Period ending February 29, 2016 $ 196,686.18 For Action Ald. Rainey moved to recommend approval of the City of Evanston FY 2016 bills through April 12, 2016 and credit card activity for the period ending February 29, 2016, seconded by Ald. Holmes. The Committee voted unanimously 3-0 to approve the bills and credit card activity. 25 of 321 Page 3; Rev. 4/20/2016 2:24:31 PM (A3.1) Approval of 2016-2018 Renewal of Building Automation Service Agreement for HVAC Systems with Siemens Industry Inc. for Police Headquarters Staff recommends City Council authorize the City Manager to execute a three year, single-source service agreement for the Building Automation System (BAS) with Siemens Industry Inc. (585 Slawin Court, Mount Prospect, IL 60056) in the amount of $27,220.00 for FYI 2016, $27,880.00 for FYI 2017 and $28,500.00 for FYI 2018 to cover hardware/software and service visits for the HVAC system in the City of Evanston Police Headquarters. Funding is provided by Facilities Account 100.19.1950.62509 with a 2016 budgeted amount of $74,845.00. For Action Ald. Braithwaite moved to recommend City Council authorize the City Manager to execute a three year, single-source service agreement for the Building Automation System (BAS) with Siemens Industry Inc. in the amount of $27,220.00 for FYI 2016, $27,880.00 for FYI 2017 and $28,500.00 for FYI 2018 to cover hardware/software and service visits for the HVAC system in the City of Evanston Police Headquarters, seconded by Ald. Holmes. The Committee voted unanimously 3-0 to approve the agreement. (A3.2) Approval of Contract with Gewalt-Hamilton Associates, Inc. for Various Parking Lot Improvement Engineering Design Services (RFP No. 16-22) Staff recommends City Council authorize the City Manager to execute an engineering services contract for the Various Parking Lot Improvement Engineering with Gewalt-Hamilton Associates, Inc. (625 Forest Edge Drive, Vernon Hills, IL 60061) in the amount of $144,650. Funding will be provided from the Parking Fund (Account 505.19.7005.65515) in the amount of $120,700 and from the CIP Fund (Account 415.40.4116.65515) in the amount of $23,950. For Action Ald. Holmes moved to recommend City Council authorize the City Manager to execute an engineering services contract for the Various Parking Lot Improvement Engineering with Gewalt-Hamilton Associates, Inc. in the amount of $144,650, seconded by Ald. Braithwaite. The Committee voted unanimously 3-0 to approve the contract. (A3.3) Approval of Contract with Glenbrook Excavating & Concrete, Inc. for Water Main Improvements, Lining and Street Resurfacing Project CIP 1 (Bid No. 15-60) Staff recommends City Council authorize the City Manager to execute a contract for the Water Main Improvements, Lining and Street Resurfacing Project with Glenbrook Excavating & Concrete, Inc. (1350 N. Old Rand Road, Wauconda, IL 60084) in the amount of $1,637,841.00. Funding will be provided from the Water Fund (Account 513.71.7330.65515 – 416503) in the amount of $1,346,814.50, the CIP Fund (Account 415.40.4116.65515 – 416503) in the amount of 26 of 321 Page 4; Rev. 4/20/2016 2:24:31 PM $245,685.50, and the Sewer Fund (Account 515.40.4535.65515 – 416507) in the amount of $45,341.00. For Action Ald. Braithwaite moved to recommend City Council authorize the City Manager to execute a contract for the Water Main Improvements, Lining and Street Resurfacing Project with Glenbrook Excavating & Concrete, Inc. in the amount of $1,637,841.00, seconded by Ald. Holmes. The Committee voted unanimously 3-0 to approve the contract. (A3.4) Approval of Contract with Garland/DBS, Inc. for Water Plant Roof and Masonry Repair Staff recommends that City Council authorize the City Manager to execute a contract for Water Treatment Facility Roof and Masonry Improvements with Garland/DBS, Inc. (3800 East 91st St, Cleveland, OH 44105) in the amount of $511,273. Funding for this work will be from the Water Fund, Account 513.71.7330.65515 – 716004, which has an FY 2016 allocation of $550,000. For Action Ald. Holmes moved to recommend City Council authorize the City Manager to execute a contract for Water Treatment Facility Roof and Masonry Improvements with Garland/DBS, Inc. in the amount of $511,273, seconded by Ald. Braithwaite. The Committee voted unanimously 3-0 to approve the contract. (A3.5) Approval Agreement with A. Lamp Concrete Contractors Inc. for Emerson- Ridge-Green Bay Construction Staff recommends City Council authorize the City Manager to make a recommendation to the Illinois Department of Transportation to award the Emerson Street, Ridge Avenue and Green Bay Road Corridor Project to the low bidder, A. Lamp Concrete Contractors Inc. (800 W Irving Park Rd, Schaumburg, IL 60193) in the amount of $11,173,775.42. Funding in the amount of $8,334,943 was authorized by City Council on January 11, 2016. Additional project funding in the amount of $2,838,832 is detailed in the staff report and will not be needed until 2017. For Action Ald. Braithwaite moved to recommend City Council authorize the City Manager to make a recommendation to the Illinois Department of Transportation to award the Emerson Street, Ridge Avenue and Green Bay Road Corridor Project to the low bidder, A. Lamp Concrete Contractors Inc. in the amount of $11,173,775.42, seconded by Ald. Holmes. Director of Public Works Agency Dave Stoneback confirmed receipt of $1.3 million in grant funding for this project. The City is moving forward to secure another $844,837 in additional funding. There is a concern of a lack of contingency funds for possible underground work. 27 of 321 Page 5; Rev. 4/20/2016 2:24:31 PM Ald. Braithwaite thanked staff for all their work on the funding of this item. Public Works Agency Director Stoneback recognized City Engineer Sat Nagar for taking the lead on securing the funding. The Committee voted unanimously 3-0 to approve the recommendation. (A3.6) Approval of Engineering Services Agreement with Teska Associates, Inc. for Gibbs-Morrison Center Site Improvements (RFP No. 16-04) Staff recommends City Council authorize the City Manager to execute a contract for professional services related to the Gibbs Morrison Cultural Center Site Improvement Project with Teska Associates, Inc. (627 Grove Street, Evanston, IL 60201) in the amount of $77,641.00. Site improvements include a stormwater management system, more effective outdoor programming space, an access drive with accommodations for solid waste disposal and site security features. Funding will be provided from the Capital Improvement Program (CIP) General Obligation Bonds (Account 415.40.4116.62145 – 616020) in the amount of $37,641.00 and from the Sewer Fund (Account 515.40.4535.62461) in the amount of $40,000.00. For Action Ald. Holmes moved to recommend City Council authorize the City Manager to execute a contract for professional services related to the Gibbs Morrison Cultural Center Site Improvement Project with Teska Associates, Inc. in the amount of $77,641.00, seconded by Ald. Braithwaite. The Committee voted unanimously 3-0 to approve the contract. (A3.7) Approval of Contract with Kovilic Construction Company Inc. for Dredging of the Church Street Boat Ramp Staff recommends that City Council authorize the City Manager to execute a contract in the amount of $20,500 with Kovilic Construction Company, Inc., (P.O. Box 939, 3721 N. Carnation Street, Franklin Park, IL 60131) for the dredging of the Church Street Boat Harbor. Funding will be provided from the Parks, Recreation and Community Services Business Account 100.30.3065.65050, Church Street/Lakefront Operations. Additionally, this expense will be offset from fees collected from sales of boat launch permits (Revenue Business Unit 100.30.3080.53565 Church Street/Lakefront Operations). For Action Ald. Braithwaite moved to recommend City Council authorize the City Manager to execute a contract in the amount of $20,500 with Kovilic Construction Company, Inc., for the dredging of the Church Street Boat Harbor, seconded by Ald. Holmes. The Committee voted unanimously 3-0 to approve the contract. (A3.8)Approval of Contract Renewal with Krave LLC to Operate Lakefront Concessions Staff recommends that City Council authorize the City Manager to execute a one 28 of 321 Page 6; Rev. 4/20/2016 2:24:31 PM (1) year contract renewal with Krave LLC for the Church and Clark Street food & drink stand and the lakefront mobile concessions (Lighthouse, Clark St., Greenwood St., South Blvd. and Lee Street) for the 2016 season. For Action Ald. Holmes moved to recommend City Council authorize the City Manager to execute a one (1) year contract renewal with Krave LLC for the Church and Clark Street food & drink stand and the lakefront mobile concessions (Lighthouse, Clark St., Greenwood St., South Blvd. and Lee Street) for the 2016 season, seconded by Ald. Braithwaite. Acting City Manager Lyons explained that a RFP for this contract will go out next year. This is the last year of a multi-year project. At Ald. Braithwaite’s inquiry, Assistant Director of Parks and Recreation Bob Dorneker will provide a Menu and pricing for the Committee’s review. The Committee voted unanimously 3-0 to approve the contract renewal. (A4) Approval of a Sidewalk Café for Red Robin Burger Works, 1700 Maple Staff recommends City Council approval of first-time application for a sidewalk café permit for Red Robin Burger Works, a Type 2 restaurant located at 1700 Maple Avenue. For Action Ald. Braithwaite moved to recommend City Council approval of first-time application for a sidewalk café permit for Red Robin Burger Works, a Type 2 restaurant located at 1700 Maple Avenue, seconded by Ald. Holmes. The Committee voted unanimously 3-0 to approve the application. (A5) Resolution 26-R-16 Motor Fuel Tax Funds Use for Roadway Construction Staff recommends City Council approval of Resolution 26-R-16 authorizing 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 budget allocation of $1,710,000. For Action Ald. Holmes moved to recommend City Council approval of Resolution 26- R-16 authorizing the use of Motor Fuel Tax Funds in the amount of $1,400,000 for street resurfacing, seconded by Ald. Braithwaite. The Committee voted unanimously 3-0 to approve the funding. The following two items (A6.1 and A6.2) are related to the Blight Reduction Program (A6.1)Resolution 22-R-16 Authorizing Participation in the Blight Reduction Program Staff recommends adoption of Resolution 22-R-16 authorizing the City to participate in the Blight Reduction Program (BRP) with funding in the not to exceed amount of $455,000 from the Illinois Housing Development Authority to 29 of 321 Page 7; Rev. 4/20/2016 2:24:31 PM be spent during FY2016 and FY2017. BRP funds will be used to acquire and demolish vacant/blighted 1-4 unit residential properties in designated census block groups in Evanston. BRP is a new source of funding and may be layered with CDBG revolving loan funds if costs on individual properties exceed the BRP maximum of $35,000 per unit. $350,000 is budgeted in CDBG account 220.21.5280.65535. For Action Ald. Braithwaite moved to recommend adoption of Resolution 22-R-16 authorizing the City to participate in the Blight Reduction Program (BRP) with funding in the not to exceed amount of $455,000 from the Illinois Housing Development Authority to be spent during FY2016 and FY2017, seconded by Ald. Holmes. Grants and Compliance Specialist Nora Holden Corbett explained that the City was recently awarded $455,000 for acquisition, demolition and greening of 13 properties ($35,000 per property). There will be a 3 year retention period and new properties can be substituted. One property has already been demolished using CDBG funds. Ald. Holmes noted the benefits of ETHS program for providing affordable homes for low income families. The Committee voted unanimously 3-0 to adopt the resolution. (A6.2) Resolution 27-R-16 Authorizing the City of Evanston to Increase the FY2016 Budget for the Affordable Housing Fund Staff recommends City Council adoption of Resolution 27-R-16 authorizing the City Manager to Increase the FY2016 Budget for the Affordable Housing Fund by $455,000 to a New Total of $929.347. This change will bring the total FY 2016 Budget as amended to $304,949,806. Per Resolution 18-R-16, funding will come from the Blight Reduction Program (BRP) funded by the US Treasury and administered by the Illinois Housing Development Authority in the not to exceed amount of $455,000. For Action Ald. Holmes moved to recommend City Council adoption of Resolution 27- R-16 authorizing the City Manager to Increase the FY2016 Budget for the Affordable Housing Fund by $455,000 to a New Total of $929.347 bringing the total FY 2016 Budget as amended to $304,949,806, seconded by Ald. Braithwaite. The Committee voted unanimously 3-0 to adopt the resolution. (A7) Resolution 25-R-16 Authorizing that Payments Relating to FY2016 Capital Improvement Plan Projects Be Reimbursed by the Subsequent 2016 General Obligation Bond Issuance Staff recommends City Council adoption of Resolution 25-R-16 authorizing that payments relating to FY2016 Capital Improvement Plan (CIP) project expenditures up to $13,018,000 to be reimbursed by the subsequent 2016 30 of 321 Page 8; Rev. 4/20/2016 2:24:31 PM General Obligation (GO) bond issuance. For Action Ald. Braithwaite moved to recommend City Council adoption of Resolution 25-R-16 authorizing that payments relating to FY2016 Capital Improvement Plan (CIP) project expenditures up to $13,018,000 to be reimbursed by the subsequent 2016 General Obligation (GO) bond issuance, seconded by Ald. Holmes. The Committee voted unanimously 3-0 to adopt the resolution. (A8) Resolution 24-R-16 for ROW Agreement with Wide Open West Staff recommends City Council adoption of Resolution 24-R-16, authorizing the City Manager to negotiate and execute a Right-of-Way Agreement with Sigecom, LLC, d/b/a WOW! Internet, Phone and Cable (WOW), 1674 Frontenac Road, Naperville IL for the construction of a dark fiber communications network in the public right-of-way to be leased by Verizon Communications. No City funding is required for this fiber optic cable installation. WOW will be assessed permit fees to be deposited into Right-of-Way account 2630.52126. For Action Ald. Holmes moved to recommend City Council adoption of Resolution 24- R-16, authorizing the City Manager to negotiate and execute a Right-of-Way Agreement with Sigecom, LLC, d/b/a WOW! Internet, Phone and Cable (WOW) for the construction of a dark fiber communications network in the public right-of-way to be leased by Verizon Communications, seconded by Ald. Braithwaite. The Committee voted unanimously 3-0 to adopt the resolution. (A9) Ordinance 38-O-16 Amending the City Code to Establish a 4-Way Stop Control at the Intersection of Ashland Avenue and Grove Street Staff recommends adoption of Ordinance 38-O-16 by which the City Council would amend Section 10-11-5(D), Schedule V(D) of the City Code to establish a 4-Way Stop Control at the intersection of Ashland Avenue and Grey Street. The 2nd ward Alderman has requested suspension of the rules to allow Introduction and Action at the same meeting. Funding will be through the General Fund- Traffic Control Supplies (100.40.4520.65115), with a budget of $40,000 for FY 2016. Suspension of the Rules is requested for Introduction and Action by City Council on March 28, 2016. For Introduction and Action Ald. Braithwaite moved to suspend the rules and recommend City Council adoption of Ordinance 38-O-16 by which the City Council would amend Section 10-11-5(D), Schedule V(D) of the City Code to establish a 4-Way Stop Control at the intersection of Ashland Avenue and Grey Street, seconded by Ald. Holmes. The Committee voted unanimously 3-0 to suspend the rules and adopt the ordinance. 31 of 321 Page 9; Rev. 4/20/2016 2:24:31 PM (A10) Ordinance 40-O-16 amend Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 22: Evanston Resident Only Parking The Transportation/Parking Committee and staff recommend that the City Council adopt Ordinance 40-O-16 amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 22: Evanston Resident Only Parking District subsection (B) District E-2 boundaries: to delete Clyde Avenue, Callan Avenue and Elmwood Avenue from Howard Street to the first alley north of Howard Street. For Introduction Ald. Holmes moved to recommend City Council adoption of Ordinance 40- O-16 amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 22: Evanston Resident Only Parking District subsection (B) District E-2 boundaries: to delete Clyde Avenue, Callan Avenue and Elmwood Avenue from Howard Street to the first alley north of Howard Street, seconded by Ald. Braithwaite. The Committee voted unanimously 3-0 to adopt the ordinance. (A11) Ordinance 41-O-16, Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 18(B): Resident Parking Only District The Transportation/Parking Committee and staff recommend that the City Council adopt Ordinance 41-O-16 amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 18(B): Resident Parking Only District 2 to read: 2. Those residents having a legal address on the west side of Ridge Avenue between Austin Street and Harvard Terrace. For Introduction Ald. Braithwaite moved to recommend City Council adoption of Ordinance 41-O-16 amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 18(B): Resident Parking Only District 2 to read: 2. Those residents having a legal address on the west side of Ridge Avenue between Austin Street and Harvard Terrace, seconded by Ald. Holmes. The Committee voted unanimously 3 -0 to adopt the ordinance. (A12) Ordinance 35-O-16, Decreasing the Number of Class T Liquor Licenses for Now We’re Cookin’, Inc. d/b/a Now We’re Cookin’, 1601 Payne Street, Unit C Staff recommends City Council adoption of Ordinance 35-O-16, which amends Evanston City Code of 2012 Subsection 3-4-6-(T), as amended, to decrease the number of authorized Class T liquor licenses from three (3) to two (2). Now We’re Cookin’, Inc, d/b/a Now We’re Cookin’, 1601 Payne Street, Unit C, is not renewing its liquor license. For Introduction Ald. Holmes moved to recommend City Council adoption of Ordinance 35- O-16, which amends Evanston City Code of 2012 Subsection 3-4-6-(T), as amended, to decrease the number of authorized Class T liquor licenses from three (3) to two (2), seconded by Ald. Braithwaite. The Committee voted unanimously 3-0 to adopt the ordinance. 32 of 321 Page 10; Rev. 4/20/2016 2:24:31 PM (A13) Ordinance 39-O-16, Autobarn Place Private Street Addition to City Street System Staff recommends approval of Ordinance 39-O-16 renaming Shure Drive/Brummel Place to Autobarn Place as a Private Street. The 8th ward Alderman has requested suspension of the rules to allow Introduction and Action at the same meeting. Suspension of the Rules is requested for Introduction and Action by City Council on March 28, 2016. For Introduction and Action Ald. Braithwaite moved to suspend the rules and recommend City Council adoption of Ordinance 39-O-16 renaming Shure Drive/Brummel Place to Autobarn Place as a Private Street, seconded by Ald. Holmes. The Committee voted unanimously 3-0 to suspend the rules and adopt the ordinance. V. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT Ald. Holmes moved to adjourn. The meeting was adjourned at 7:02pm. 33 of 321 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: April 19, 2016 Recommended Action: Staff recommends approval of the City of Evanston Payroll and Bills List. Continuing in 2016, the bills list will not include the Evanston Public Library. The Library bills will be included for informational purposes in the Treasurer’s Monthly Report. Summary: Payroll – March 21, 2016 through April 03, 2016 $3,010,607.79 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – April 26, 2016 $2,872,084.97 General Fund Amount – Bills list $ 333,729.60 TOTAL AMOUNT OF BILLS LIST & PAYROLL $5,882,692.76 *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 April 25, 2016 Item #A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 34 of 321 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.26.2016 100 GENERAL FUND 100 GENERAL FUND SUPPORT 21420 U.S. TREASURY *4TH QTR. 941X PAYMENT 2015 41.00 21450 U.S. TREASURY *4TH QTR. 941X PAYMENT 2015 176.00 22725 VERIZON WIRELESS COMMUNICATION CHARGES 11,636.13 41340 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS 415.00 41340 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS CASE # 15-36663 639.75 41340 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS CASE 15-36102 353.00 41340 CITY OF EVANSTON - PETTY CASH PETTY CASH-NET 2,500.00 41420 CALLYO CALL SERVICES 840.00 100 GENERAL FUND SUPPORT Total 16,600.88 1505 CITY MANAGER 62295 CHICAGO LATIN FITNESS YOGA CLASSES FOR CITY EMPLOYEES 324.00 64540 AT & T MOBILITY *COMMUNICATION CHARGES-MAR 163.50 1505 CITY MANAGER Total 487.50 1510 PUBLIC INFORMATION 62205 ON TRACK FULFILLMENT INC.9TH WARD POSTCARD PRINTING AND ADDRESSING 443.44 64004 ABT *EQUIPMENT FOR 2ND FLOOR CONFERENCE ROOM 6,947.53 1510 PUBLIC INFORMATION Total 7,390.97 1555 FINANCIAL ADMINISTRATION 65095 OFFICE DEPOT OFFICE SUPPLIES 59.83 1555 FINANCIAL ADMINISTRATION Total 59.83 1560 REVENUE & COLLECTIONS 52010 PETERSEN, ANN APPROVED FOR EBC, PARTIAL WHEEL TAX REFUND 37.50 52010 MATHIEU, MENCHIE OVERPAYMENT OF WHEEL TAX & RESIDENTIAL PERMIT 113.00 52010 MARCIN ZURAWSKI OVERPAYMENT OF WHEEL TAX ON 2 VEHICLES 271.00 65095 OFFICE DEPOT OFFICE SUPPLIES 170.95 1560 REVENUE & COLLECTIONS Total 592.45 1570 ACCOUNTING 62185 ACCOUNTEMPS ACCOUNTING SERVICES 4,317.30 62185 SMART RESOURCES, INC ACCOUNTING SERVICES 725.00 1570 ACCOUNTING Total 5,042.30 1571 TAX ASSESSMENT ADVOCACY 64545 FEYERHERD, PETE ANNUAL MAINTENANCE 550.00 1571 TAX ASSESSMENT ADVOCACY Total 550.00 1575 PURCHASING 65095 OFFICE DEPOT OFFICE SUPPLIES 14.99 1575 PURCHASING Total 14.99 1580 COMMUNITY ARTS 66040 EVANSTON COMMUNITY TV *ECTV GRANT FOR INDEPENDENT ART SHOW 1,000.00 1580 COMMUNITY ARTS Total 1,000.00 1705 LEGAL ADMINISTRATION 52040 ILLINOIS STATE POLICE LIQUOR APPLICATION BACKGROUND CHECKS 238.00 62509 SUSAN D BRUNNER HEARING OFFICER 2,450.00 62509 JEFFREY D. GREENSPAN ADMINISTRATIVE HEARINGS OFFICER 1,080.00 65010 WEST GROUP PAYMENT CTR LEGAL BOOKS AND PUBLICATIONS 132.00 65010 WEST GROUP PAYMENT CTR LEGAL RESEARCH 2,365.94 1705 LEGAL ADMINISTRATION Total 6,265.94 1910 FINANCE DIVISION - REVENUE 62431 DUNBAR ARMORED ARMORED CAR SERVICES 1,066.99 1910 FINANCE DIVISION - REVENUE Total 1,066.99 1915 HUMAN RESOURCE DIVI. - PAYROLL 65095 OFFICE DEPOT OFFICE SUPPLIES 56.72 1915 HUMAN RESOURCE DIVI. - PAYROLL Total 56.72 1929 HUMAN RESOURCE DIVISION 62160 ILLINOIS STATE POLICE EMPLOYMENT BACKGROUND CHECKS 1,000.00 62160 TRANS UNION CORP TESTING-POLICE 427.50 62160 STANDARD & ASSOCIATES, INC.TESTING-POLICE 4,900.00 62270 NORTH SHORE ENH OMEGA EMPLOYEE HEALTH SCREENINGS 11,004.00 62270 QUEST DIAGNOSTICS EMPLOYEE TESTING-QUEST DIAGNOSTICS 220.00 65095 OFFICE DEPOT OFFICE SUPPLIES 64.01 1929 HUMAN RESOURCE DIVISION Total 17,615.51 1932 INFORMATION TECHNOLOGY DIVI. 62175 IRON MOUNTAIN OSDP OFF SITE DATA PROTECTION SERVICES 691.71 62185 CARLISLE UTILITY CONTRACTORS, INC.AUDIT NETWORK FIBERS & ROUTES 3,000.00 62340 XEROX CORPORATION COPY MACHINE MAINTENANCE 191.29 62340 CHICAGO OFFICE TECHNOLOGY GROUP COPYING SERVICES 9,857.74 62340 AOT PUBLIC SAFETY CORPORATION SOFTWARE LICENSE RENEWAL 7,077.00 62340 SMS SYSTEMS MAINTENANCE SERVICES CORE ROUTER SUPPORT 2,460.00 62340 GOVDELIVERY, INC.ANNUAL HOSTING AND MAINTENANCES FEE CHARGES 6,615.00 64505 AT & T COMMUNICATION CHARGES 86.94 65555 DELL COMPUTER CORP.LAPTOP SPARE FOR IT 679.11 65555 DELL COMPUTER CORP.MINITOWER PURCHASE 2,023.53 1932 INFORMATION TECHNOLOGY DIVI. Total 32,682.32 1941 PARKING ENFORCEMENT & TICKETS 52505 MATHIEU, MENCHIE REFUND FOR A PARKING TICKET 60.00 52505 NELSON, JORDAN PARKING TICKET REFUND 40.00 135 of 321 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.26.2016 52505 ZELDA THOMAS REFUND DUE TO BOOT TOW HEARING 223.75 52505 TADEUSZ SZWAJNOS PARKING TICKET REFUND 40.00 52530 ZELDA THOMAS REFUND DUE TO BOOT TOW HEARING 125.00 64005 COMED UTILITIES 74.64 1941 PARKING ENFORCEMENT & TICKETS Total 563.39 1950 FACILITIES 62225 ANDERSON PEST CONTROL APRIL 2016 SERVICE - CIVIC CENTER, PD, FIRE 464.20 62225 RAYNOR DOOR COMPANY SERVICE CENTER DOOR BELT REPLACEMENT AND SERVICE 206.24 62225 TYCO INTEGRATED SECURITY LLC SERVICE CALL FOR ALARM CLEANING AT SERVICE CENTER 318.00 62225 SMITHEREEN PEST MANAGEMENT SERVICES REGULARLY SCHEDULED PC SERVICE AT SERVICE CENTER 93.00 62225 SIMPLEX GRINNELL REPLACEMENT OF FAULTY RELAY CARD 1,648.38 62509 SCHNEIDER ELECTRIC BUILDINGS AMERICA SINGLE SOURCE AGREEMENT FOR BUILDING AUTOMATION SERVICE 2,146.00 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES FOR SERVICE CENTER 1,064.82 65040 WAREHOUSE DIRECT INC.SOAP FOR CIVIC CENTER 91.56 1950 FACILITIES Total 6,032.20 2101 COMMUNITY DEVELOPMENT ADMIN 61060 LOCKE, USHANE INDEPENDENT CONTRACTOR 1,725.00 2101 COMMUNITY DEVELOPMENT ADMIN Total 1,725.00 2105 PLANNING & ZONING 65095 TEUTEBERG INC PRINTING-SUPPLIES 105.50 2105 PLANNING & ZONING Total 105.50 2126 BUILDING INSPECTION SERVICES 62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 150.00 62464 SAFEBUILT ILLINOIS PLAN REVIEW AND INSPECTION SERVICE 8,403.91 2126 BUILDING INSPECTION SERVICES Total 8,553.91 2205 POLICE ADMINISTRATION 52545 JAMES BARTON REFUND: FALSE ALARMS 750.00 62272 PUBLIC ENGINES, INC. DBA CRIME REPORTS ANNUAL SUBSCRIPTION 2,299.00 62272 WILD CROW COMMUNICATION, INC DEPLOYMENT 375.00 64005 COMED UTILITIES 89.36 2205 POLICE ADMINISTRATION Total 3,513.36 2210 PATROL OPERATIONS 62335 NET TRANSCRIPTS, INC.TRANSCRIPTS 24.75 62490 EVANSTON FUNERAL & CREMATION BODY REMOVAL 1,200.00 65020 J. G. UNIFORMS, INC UNIFORMS 496.50 65020 VCG UNIFORM UNIFORMS 87.00 65020 ARTISTIC ENGRAVING BADGES 498.75 65125 TASER INTERNATIONAL TASER CARTRIDGES 1,473.29 2210 PATROL OPERATIONS Total 3,780.29 2215 CRIMINAL INVESTIGATION 65095 SILK SCREEN EXPRESS, INC.DETECTIVE BOOKS 405.00 2215 CRIMINAL INVESTIGATION Total 405.00 2240 POLICE RECORDS 65095 OFFICE DEPOT OFFICE SUPPLIES-CDS/DVD/BINDER 112.31 65095 OFFICE DEPOT OFFICE SUPPLIES-CLEANER 19.34 65095 OFFICE DEPOT OFFICE SUPPLIES-CLIPS/BINDER/PEN 50.48 65095 OFFICE DEPOT OFFICE SUPPLIES-COLOR FILE/STAPLER 45.96 65095 OFFICE DEPOT OFFICE SUPPLIES-PEN/TAPE/ENVELOPE 37.09 65095 OFFICE DEPOT OFFICE SUPPLIES-PUNCH TICKET 5.49 2240 POLICE RECORDS Total 270.67 2251 311 CENTER 64505 AT & T *311 SERVICES 400.26 2251 311 CENTER Total 400.26 2255 OFFICE-PROFESSIONAL STANDARDS 62770 STANARD & ASSOCIATES EVALUATION 2,000.00 2255 OFFICE-PROFESSIONAL STANDARDS Total 2,000.00 2260 OFFICE OF ADMINISTRATION 62295 SHANAS, RICHARD L.MEALS-WARRANT SERVICE TACTICS 75.00 62295 GLYNN, ELIZABETH MEALS-WARRANT SERVICE TACTICS 75.00 62295 GEYER, MIKHAIL MEALS-WARRANT SERVICE TACTICS 75.00 62295 CARTER, KENNETH MEALS-WARRANT SERVICE TACTICS 75.00 62295 TAMBURRINO, CHRISTOPHER MEALS-WARRANT SERVICE TACTICS 75.00 62295 PILLARS, JAMES MEALS-WARRANT SERVICE TACTICS 75.00 62295 KLOPACK, STEVEN MEALS-WARRANT SERVICE TACTICS 150.00 62295 EVANSTON ATHLETIC CLUB HEALTH CLUB USAGE 500.65 62295 NORTH EAST MULTI-REGIONAL TRAINING INC TRAINING 11,875.00 62295 GIL J LEVY MEALS-WARRANT SERVICE TACTICS 75.00 62295 O'BRIEN, SEAN MEALS-WARRANT SERVICE TACTICS 75.00 62295 HOLLIMAN, BENJAMIN MEALS-WARRANT SERVICE TACTICS 75.00 62295 NORTHWESTERN UNIVERSITY CENTER FOR PUBLIC SAFTEY TRAINING 900.00 62295 RUSSELL, DANIEL MEALS-WARRANT SERVICE TACTICS 75.00 62295 SULLIVAN, TIMOTHY MEALS-BASIC INVESTIGATIONS 75.00 62295 VANDERMEIR, MARK MEALS-VEHICLE CRASH 75.00 62295 SCHMIDT, JOHN MEALS-ADVANCED HOMICIDE 45.00 62295 ANTHONY SOSA MEALS-WARRANT SERVICE TACTICS 75.00 62295 David Cherrey MEALS-WARRANT SERVICE TACTICS 75.00 62295 Ivan Reza MEALS-WARRANT SERVICE TACTICS 75.00 62360 NORTHEASTERN ILLINOIS REGINAL CRIME LABORATORY MEMBERSHIP ASSESSMENT FY 15/16 EVANSTON 101,322.00 2260 OFFICE OF ADMINISTRATION Total 115,917.65 236 of 321 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.26.2016 2270 TRAFFIC BUREAU 65125 NORTH SHORE TOWING TOW & HOOK 20.00 2270 TRAFFIC BUREAU Total 20.00 2295 BUILDING MANAGEMENT 62225 ANDERSON PEST CONTROL PEST MANAGEMENT 52.76 62225 COLLEY ELEVATOR CO.ELEVATOR 6,091.00 62225 HENRICHSEN FIRE & SAFETY EXTINGUISHER CERTIFICATIONS 480.10 62225 BEST TECHNOLOGY SYSTEMS, INC.RANGE CLEANING 875.00 64015 NICOR UTILITIES 226.96 65050 ILLINOIS PAPER COMPANY PAPER 154.50 2295 BUILDING MANAGEMENT Total 7,880.32 2305 FIRE MGT & SUPPORT 65020 TODAY'S UNIFORMS INC.UNIFORMS 1,511.55 65070 APPLIANCE SERVICE CENTER RANGE REPAIR 791.35 2305 FIRE MGT & SUPPORT Total 2,302.90 2310 FIRE PREVENTION 65095 ILLINOIS PAPER COMPANY COPY PAPER 434.20 2310 FIRE PREVENTION Total 434.20 2315 FIRE SUPPRESSION 62295 ACUTE CARE EDUCATION SYSTEMS, INC.TRAINING FOR 81 MEMBERS 8,505.00 62295 NORTHEASTERN ILLINOIS PUBLIC SAFETY FIREFIGHTER TRAINING 3,925.00 65040 SAM'S CLUB DIRECT *SUPPLIES: JANITORIAL 215.12 65075 PHYSIO-CONTROL, INC.EMS SUPPLIES 634.58 65075 PHYSIO-CONTROL, INC.MEDICAL SUPPLIES 658.68 65625 WORLDPOINT ECC, INC.CITIZEN CPR SUPPLIES 394.30 2315 FIRE SUPPRESSION Total 14,332.68 2320 EMERGENCY PREPAREDNESS 62210 QUARTET COPIES PRINTING 155.00 2320 EMERGENCY PREPAREDNESS Total 155.00 2407 HEALTH SERVICES ADMIN 65095 OFFICE DEPOT OFFICE SUPPLIES 50.42 2407 HEALTH SERVICES ADMIN Total 50.42 2435 FOOD AND ENVIRONMENTAL HEALTH 62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS 78.00 62210 TEUTEBERG INC PRINTING 563.85 62360 ILLINOIS ASSOCIATION OF CODE ENFORCEMENT IACE-2016-MEMBERSHIP 25.00 62476 STEVENS DESIGN INC PRINT: PRACTICE LABELS 825.00 62477 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 84.73 62477 VERIZON WIRELESS COMMUNICATION CHARGES 208.73 64540 VERIZON WIRELESS COMMUNICATION CHARGES 121.56 65095 OFFICE DEPOT OFFICE SUPPLIES 59.29 2435 FOOD AND ENVIRONMENTAL HEALTH Total 1,966.16 2440 VITAL RECORDS 62490 IL DEPT OF PUBLIC HEALTH DEATH CERTIFICATES 472.00 65095 MSF GRAPHICS, INC.BIRTH CERTIFICATES 84.50 2440 VITAL RECORDS Total 556.50 2455 COMMUNITY HEALTH 62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS 39.00 62371 SAM'S CLUB DIRECT *SUPPLIES: WOW KICK OFF 112.64 62371 SPECIALTY PREMIUM GROUP WOW PRINTING 1,063.75 65095 OFFICE DEPOT OFFICE SUPPLIES 65.91 2455 COMMUNITY HEALTH Total 1,281.30 3025 PARK UTILITIES 64005 COMED UTILITIES 1,470.36 64005 MC SQUARED ENERGY UTILITIES 1,759.69 64015 NICOR UTILITIES 57.05 3025 PARK UTILITIES Total 3,287.10 3030 CROWN COMMUNITY CENTER 64005 MC SQUARED ENERGY UTILITIES 2,779.67 65110 SAM'S CLUB DIRECT *SUPPLIES: LUNCH/SNACK 92.95 3030 CROWN COMMUNITY CENTER Total 2,872.62 3035 CHANDLER COMMUNITY CENTER 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 62.40 62507 CLASSIC BOWL PEE WEE SPRING CAMP FIELD TRIP 44.00 64005 MC SQUARED ENERGY UTILITIES 1,217.87 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 114.68 65095 OFFICE DEPOT OFFICE SUPPLIES 74.62 3035 CHANDLER COMMUNITY CENTER Total 1,513.57 3040 FLEETWOOD JOURDAIN COM CT 62225 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICE FOR APRIL 74.33 62495 ANDERSON PEST CONTROL MONTHLY SERVICE FOR PEST MANAGEMENT SERVICE 41.00 62510 FORTSON, ERJAN KARATE INSTRUCTOR 454.20 62511 KEVIN SPARKMON SECURITY FOR PRIVATE RENTAL 165.00 64005 MC SQUARED ENERGY UTILITIES 2,523.33 65025 SAM'S CLUB DIRECT *SUPPLIES: FOOD SCHOOL PARTY 9.96 65025 SMIGO MANAGEMENT FLEETWOOD SENIOR LUNCHES 490.80 65025 SMIGO MANAGEMENT FLEETWOOD SENIORS LUNCH 572.60 65025 CHEF GRADY CATERING W.O.W. COOKING INSTRUCTOR HEALTHY MEALS 200.00 337 of 321 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.26.2016 65025 MARTIN, SOFIA W.O.W. COOKING INSTRUCTOR WITH HEALTHY MEALS.200.00 65040 SUPERIOR INDUSTRIAL SUPPLY CAN LINER, TOILET TISSUE, AND AIR FRESHENER 238.57 65040 SUPERIOR INDUSTRIAL SUPPLY DISPENSER, SPRAY, PLASTIC BOTTLE, AND GLASS CLEANERS 234.19 65110 VERMONT SYSTEMS INC BARCODE SCANNER 927.21 3040 FLEETWOOD JOURDAIN COM CT Total 6,131.19 3050 RECREATION OUTREACH PROGRAM 62490 ANDERSON PEST CONTROL MONTHLY PEST CONTROL LOVELACE 43.34 3050 RECREATION OUTREACH PROGRAM Total 43.34 3055 LEVY CENTER SENIOR SERVICES 62245 UNITED STATES FIRE PROTECTION 5 YEAR INSPECTION-FIRE SPRINKLERS 1,172.75 62360 ASSOCIATION OF ILLINOIS SENIOR CENTERS ANNUAL MEMBERSHIP TO ASSOCIATION OF IL SENIOR CENTERS 75.00 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL GMCC 55.00 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL LEVY 44.94 62505 CONNELLY'S ACADEMY TAE KWON DO CLASSES- LEVY CENTER 7,628.40 62505 ARLENE M KASPIK 11 WEEKS SENIOR SQUARE DANCING 530.00 62509 CINTAS CORPORATION #769 MONTHLY MAT SERVICE 194.85 62509 OFFICE OF THE STATE FIRE MARSHALL ANNUAL STATE BOILER INSPECTION 70.00 62511 COMCAST CABLE COMMUNICATION CHARGES 141.15 62511 KEVIN SPARKMON SECURITY FOR PRIVATE RENTAL 180.00 64005 MC SQUARED ENERGY UTILITIES 3,881.65 65025 SAM'S CLUB DIRECT *SUPPLIES: PARTY SUPPLIES 102.68 65025 SMIGO MANAGEMENT LEVY CONGREGATE MEAL PROGRAM 2,652.50 65110 MOBILE MINI, INC.MONTHLY STORAGE lEVY 111.58 65110 NATIONAL BUSINESS FURNITURE SEATS FOR LOBBY CHAIRS 543.16 65110 VERMONT SYSTEMS INC BARCODE SCANNER 927.22 3055 LEVY CENTER SENIOR SERVICES Total 18,310.88 3080 BEACHES 64005 MC SQUARED ENERGY UTILITIES 81.29 65040 SUPERIOR INDUSTRIAL SUPPLY SUPPLIES 942.50 65045 ANDERSON PEST CONTROL MONTHLY PEST CONTROL BEACH 43.34 3080 BEACHES Total 1,067.13 3095 CROWN ICE RINK 62375 JEAN'S GREENS, INC.PLANT SERVICES 100.00 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 79.00 64005 MC SQUARED ENERGY UTILITIES 8,339.00 65025 GOURMET GORILLA, INC.FOOD FOR CHILDCARE 1,231.20 65040 SUPERIOR INDUSTRIAL SUPPLY CUSTODIAL SUPPLIES 246.66 65070 UNIFIRST CORPORATION CUSTODIAL SUPPLIES 119.90 65070 UNIFIRST CORPORATION CUSTODIAL SUPPLY 64.74 65095 ILLINOIS PAPER COMPANY PAPER FOR XEROXING 538.00 65095 OFFICE DEPOT OFFICE SUPPLIES 88.01 3095 CROWN ICE RINK Total 10,806.51 3100 SPORTS LEAGUES 65110 ANDERSON PEST CONTROL MONTHLY PEST CONTROL JAMES PARK 50.00 65110 ANDERSON PEST CONTROL MONTHLY PEST CONTROL LAGOON 35.00 65110 BSN SPORTS ANCHOR PLUGS 343.80 65110 GROVER WELDING COMPANY SUPPLIES 30.00 3100 SPORTS LEAGUES Total 458.80 3215 YOUTH ENGAGEMENT DIVISION 62490 AREY, BETH EXTERNSHIP REIMBURSEMENT 5,000.00 62490 THE CHICAGO SCHOOL OF PROFESSIONAL PSYCHOLOGY MSYEP MENTAL HEALTH AWARENESS WORKSHOPS 4,940.00 65025 SAM'S CLUB DIRECT *SUPPLIES: FOOD FOR JOB FAIR 517.76 3215 YOUTH ENGAGEMENT DIVISION Total 10,457.76 3225 GIBBS-MORRISON CULTURAL CENTER 62225 CINTAS CORPORATION #769 MAT CLEANING SERVICE 50.06 62225 CINTAS CORPORATION #770 MATT SERVICE 50.06 65050 FLADER PLUMBING & HEATING INSTALLATION 415.00 3225 GIBBS-MORRISON CULTURAL CENTER Total 515.12 3605 ECOLOGY CENTER 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 129.94 64005 MC SQUARED ENERGY UTILITIES 518.59 64015 NICOR UTILITIES 167.47 3605 ECOLOGY CENTER Total 816.00 3710 NOYES CULTURAL ARTS CENTER 62225 MIDWEST TIME RECORDER TIME CLOCK EQUIPMENT 168.00 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 78.28 64005 MC SQUARED ENERGY UTILITIES 1,348.42 65050 GRAND STAGE CO.RENTAL EQUIPMENT 1,300.00 3710 NOYES CULTURAL ARTS CENTER Total 2,894.70 3720 CULTURAL ARTS PROGRAMS 62490 GOLDSMITH, BARBARA JUROR FOR 2016 LAKESHORE ARTS FESTIVAL 75.00 62490 YOVOVICH, NOEL JUROR FOR 2016 LAKESHORE ARTS FESTIVAL 75.00 62490 ROHDE, PAUL JUROR FOR 2016 LAKESHORE ARTS FESTIVAL 75.00 62490 TROLLER, RITA JUROR FOR 2016 LAKESHORE ARTS FESTIVAL 100.00 62490 DINERSTEIN, MATT JUROR FOR 2016 LAKESHORE ARTS FESTIVAL 75.00 65095 OFFICE DEPOT OFFICE SUPPLIES 8.18 3720 CULTURAL ARTS PROGRAMS Total 408.18 4105 PUBLIC WORKS AGENCY ADMIN 52126 DURABILITY CONSTRUCTION REFUND:BUILDING PERMIT 60.00 52130 MATHIEU, MENCHIE OVERPAYMENT OF WHEEL TAX & RESIDENTIAL PERMIT 15.00 438 of 321 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.26.2016 62210 ALLEGRA PRINT & IMAGING IN THE WORKS ENGLISH/SPANISH SPRING BROCHURES 967.00 62210 MULTILINGUAL CONNECTIONS LLC SPANISH TRANSLATION FOR EVANSTON LIFE MAGAZINE 125.82 65095 OFFICE DEPOT OFFICE SUPPLIES 89.20 4105 PUBLIC WORKS AGENCY ADMIN Total 1,257.02 4330 GREENWAYS 62195 COMED UTILITIES 37.57 62195 LANDSCAPE CONCEPTS MANAGEMENT, INC.GREEN BAY RD RR EMBANKMENT LANDSCAPING 2,245.00 65005 LURVEY LANDSCAPE SUPPLY PRIVETS 530.00 65005 MIDWEST GROUNDCOVERS PLANTS FOR CIVIC CENTER 442.55 65005 MIDWEST GROUNDCOVERS PLANTS FOR FLEETWOOD 29.75 65005 MIDWEST GROUNDCOVERS PLANTS FOR HOWARD/CHICAGO 102.55 65005 MIDWEST GROUNDCOVERS ROSES FOR HOWARD/CHICAGO 75.00 65005 MIDWEST GROUNDCOVERS ROSES FOR LAGOON 140.00 65070 RUSSO POWER EQUIPMENT FILTERS AND CHAIN LOOPS 80.78 65085 RUSSO POWER EQUIPMENT COMPLETE FORESTRY HELMET SYSTEM 127.98 65085 RUSSO POWER EQUIPMENT HEDGE SHEARS 128.00 65085 RUSSO POWER EQUIPMENT PRUNERS, LOPPERS, AND SAW 111.96 65085 MIDWEST TRADING DUTCH HOE 71.45 4330 GREENWAYS Total 4,122.59 4520 TRAF. SIG.& ST LIGHT MAINT 64008 MC SQUARED ENERGY UTILITIES 92.78 65070 MOBO TREX SOLE SOURCE TRAFFIC SIGNAL REPLACEMENT PURCHASE 2,880.00 65070 B.L. WALLACE DISTRIBUTOR, INC.HAND HOLE LIDS 1,482.97 65070 GRAYBAR ELECTRIC STREET LIGHT FIXTURE REPAIR 1,491.25 65070 JT INDUSTRIES LEVELING SHIMS 618.98 65115 ARTS & LETTERS LTD.PARKING LOT SIGNS 390.00 65115 ARTS & LETTERS LTD.SIGN FABRICATION LETTERS 138.00 4520 TRAF. SIG.& ST LIGHT MAINT Total 7,093.98 100 GENERAL FUND Total 333,729.60 175 GENERAL ASSISTANCE FUND 4605 GENERAL ASSISTANCE ADMIN 62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS 39.00 62315 PITNEY BOWES COPYING SERVICES 213.00 62380 CHICAGO OFFICE TECHNOLOGY GROUP COPYING SERVICES 201.00 65095 OFFICE DEPOT OFFICE SUPPLIES 67.07 4605 GENERAL ASSISTANCE ADMIN Total 520.07 175 GENERAL ASSISTANCE FUND Total 520.07 176 HEALTH AND HUMAN SERVICES 4651 HEALTH & HUMAN SERVICES 62890 INFANT WELFARE SOCIETY INFANT WELFARE SOCIETY 18,625.00 62940 LEGAL ASSISTANCE FOUNDATION OF CHICAGO EVANSTON LEGAL SERVICES 2,975.00 62970 CONNECTIONS FOR THE HOMELESS HOMELESS STABILIZATION SERVICES 7,425.00 62980 NORTH SHORE SENIOR CENTER SOCIAL SERVICES FOR SENIORS & FAMILY 6,750.00 62990 METROPOLITAN FAMILY SERVICES FAMILY SUPPORT & PREVENTION PROGRAM 15,825.00 63067 CHILDCARE NETWORK LEARNING TOGETHER & SCHOLARSHIP PROGRAM 30,938.75 63068 HOUSING OPTIONS FOR THE MENTALLY ILL MENTAL HEALTH CLINICAL SERVICES 14,725.00 63069 JAMES B. MORAN CENTER FOR YOUTH ADVOCACY LEGAL & SOCIAL WORK SERVICES PROGRAM 10,375.00 63070 PEER SERVICES, INC.SUBSTANCE ABUSE TREATMENTS 25,250.00 63071 SHORE COMMUNITY SERVICES LOIS LLOYD CENTER & RESIDENTIAL SERVICES 9,750.00 63120 MEALS AT HOME MEALS AT HOME 1,962.50 67030 FAMILY FOCUS INC.AFTERSCHOOL PROGRAM 7,473.75 67045 Y.O.U.YOUTH & FAMILY SERVICES 23,163.75 67090 CHILD CARE CENTER OF EVANSTON CHILD CARE CENTER OF EVANSTON 4,900.00 67146 NORTHWEST CENTER AGAINST SEXUAL ASSAULT SEXUAL ASSAULT INTERVENTION PROGRAM 4,125.00 4651 HEALTH & HUMAN SERVICES Total 184,263.75 176 HEALTH AND HUMAN SERVICES Total 184,263.75 200 MOTOR FUEL TAX FUND 5100 MOTOR FUEL TAX - ADMINISTRATION 415855 65515 A LAMP CONCRETE CONTRACTORS, INC.2015 MFT STREET RESURFACING BID 15-14 25,744.35 5100 MOTOR FUEL TAX - ADMINISTRATION Total 25,744.35 200 MOTOR FUEL TAX FUND Total 25,744.35 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTM 62509 CHICAGO COMMUNICATIONS, LLC.ZETRON IP FSA 2015/2016 SERVICE AGREEMENT RENEWAL BALANCE 660.00 62509 IRON MOUNTAIN OSDP OFF-SITE DATA PROTECTION MONTHLY EXPENSES 404.66 62509 NETMOTION WIRELESS MOBILITY MAINTENANCE 3,750.00 64505 AT & T UTILITIES 107.93 65085 CHICAGO COMMUNICATIONS, LLC.BROKEN DISPLAY 225.00 65085 CHICAGO COMMUNICATIONS, LLC.DAMAGED DISPLAY 225.00 65085 CHICAGO COMMUNICATIONS, LLC.DISPLAY REPAIR 225.00 65085 RCM & ASSOCIATES REPAIR HEADSET 59.99 415179 65625 SUNGARD PUBLIC SECTOR, INC.ONE SOLUTION PROJECT IMPLEMENTATION TRAINING TRAVEL 2,155.23 65625 NESKO ELECTRIC COMPANY POLICE/FIRE HQ. DATA CENTER EMERGENCY CONSTRUCTION SVCS 64,399.50 5150 EMERGENCY TELEPHONE SYSTM Total 72,212.31 205 EMERGENCY TELEPHONE (E911) FUND Total 72,212.31 539 of 321 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.26.2016 215 CDBG FUND 5187 REHAB CONSTRUCTION ADMIN 62490 FEDERAL EXPRESS CORP.SHIPPING 23.83 5187 REHAB CONSTRUCTION ADMIN Total 23.83 5220 CDBG ADMINISTRATION 62490 DELL COMPUTER CORP.IT LAPTOP PURCHASE 768.18 5220 CDBG ADMINISTRATION Total 768.18 215 CDBG FUND Total 792.01 220 CDBG LOAN 5280 CD LOAN 65535 STAT ANALYSIS CORPORATION LEAD BASE TESTING-147 CUSTER 182.00 65535 STAT ANALYSIS CORPORATION LEAD BASE TESTING-1720 GREY 98.00 65535 STAT ANALYSIS CORPORATION LEAD BASE TESTING-1806 GREY 147.00 5280 CD LOAN Total 427.00 220 CDBG LOAN Total 427.00 225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 62660 ROSS BARNEY ARCHITECTS HOWARD STREET THEATER ARCHITECTURAL/ENGINEERING DESIGN 28,286.25 5300 ECON. DEVELOPMENT FUND Total 28,286.25 225 ECONOMIC DEVELOPMENT FUND Total 28,286.25 250 AFFORDABLE HOUSING FUND 5465 AFFORDABLE HOUSING 62490 DELL COMPUTER CORP.IT MINITOWER PURCHASE 667.06 62490 DELL COMPUTER CORP.IT MONITOR PURCHASE 148.19 62490 GOSS & ASSOCIATES, INC.HANDYMAN PROGRAM 2,409.03 5465 AFFORDABLE HOUSING Total 3,224.28 250 AFFORDABLE HOUSING FUND Total 3,224.28 310 HOWARD-HARTREY TIF 5500 HOWARD-HARTREY TIF DEBT SRVCE 65515 ESI CONSULTANTS, LTD HOWARD ST/TARGET/JEWEL TRAFFIC SIGNAL & INTERSECTION 29,428.69 5500 HOWARD-HARTREY TIF DEBT SRVCE Total 29,428.69 310 HOWARD-HARTREY TIF Total 29,428.69 330 HOWARD-RIDGE TIF FUND 5860 HOWARD RIDGE TIF 56010 TMQ GROUP LLC MONTHLY RENT-POLICE OUTPOST MAY 1,000.00 64015 NICOR UTILITIES 125.27 5860 HOWARD RIDGE TIF Total 1,125.27 330 HOWARD-RIDGE TIF FUND Total 1,125.27 415 CAPITAL IMPROVEMENTS FUND 4150 CAPITAL PROJECTS 415179 65502 MITSUBISHI ELECTRIC POWER PRODUCTS, INC.MITSUBISHI DP1100A/40kVA/36KW UPS 4,500.00 4150 CAPITAL PROJECTS Total 4,500.00 4115 2015 BOND PROJECTS 415959 65515 CHRISTOPHER B. BURKE ENGINEERING, LTD.SHERIDAN RD/CHICAGO AVE PHASE I & II ENGINEERING SERVICES 53,027.90 415193 65515 A LAMP CONCRETE CONTRACTORS, INC.CENTRAL ST STREETSCAPE PROJECT BID #15-43 65,310.74 4115 2015 BOND PROJECTS Total 118,338.64 4116 2016 BOND PROJECTS 415179 65515 NESKO ELECTRIC COMPANY POLICE/FIRE HQ. DATA CENTER EMERGENCY CONSTRUCTION SVCS 64,399.50 4116 2016 BOND PROJECTS Total 64,399.50 415 CAPITAL IMPROVEMENTS FUND Total 187,238.14 505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 53510 COOK COUNTY COLLECTOR *PARKING TAXES-MAR 2016 110.00 62431 DUNBAR ARMORED ARMORED CAR SERVICES 5,899.00 415438 65515 AUTOMATED PARKING TECHNOLOGIES REPLACEMENT OF PARKING ACCESS & REVENUE CONTROL SYSTEMS 300,000.00 7005 PARKING SYSTEM MGT Total 306,009.00 7015 PARKING LOTS & METERS 62245 TOTAL PARKING SOLUTIONS, INC.OFFICE SUPPORT & MAINT FOR 21 CALE PARKING METERS 35,280.00 62245 TOTAL PARKING SOLUTIONS, INC.RECEIPT PAPER FOR PARKING TERMINALS 640.00 64005 COMED UTILITIES 417.07 65070 DUNCAN PARKING TECHNOLOGIES, INC.MONTHLY FEE PER PARKING METER 12,586.00 65070 PASSPORT PARKING, INC`FEE FOR PAY BY CELL OPTION RELATED/DUNCAN 5,208.70 7015 PARKING LOTS & METERS Total 54,131.77 640 of 321 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.26.2016 7025 CHURCH STREET GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES-MAR 2016 1,890.00 64005 MC SQUARED ENERGY UTILITIES 4,687.28 7025 CHURCH STREET GARAGE Total 6,577.28 7036 SHERMAN GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES-MAR 2016 2,290.00 62225 FOX VALLEY FIRE & SAFETY REPAIRS TO SYSTEM DATED 3/19/2016 - REPLACE LEAKING PIPES 1,498.00 62425 THYSSENKRUPP ELEVATOR ELEVATOR/ MAINTENANCE SERVICE- SHERMAN PARKING GARAGES 9,195.48 62660 MB EVANSTON SHERMAN, L.L.C.COMMON AREA MAINTENANCE 7,016.41 64005 MC SQUARED ENERGY UTILITIES 15,225.60 7036 SHERMAN GARAGE Total 35,225.49 7037 MAPLE GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES-MAR 2016 1,524.00 53510 COOK COUNTY COLLECTOR *PARKING TAXES-MAR 2016 459.00 64005 MC SQUARED ENERGY UTILITIES 9,551.11 64015 NICOR UTILITIES 87.90 7037 MAPLE GARAGE Total 11,622.01 505 PARKING SYSTEM FUND Total 413,565.55 510 WATER FUND 510 WATER FUND SUPPORT 10220 CITY OF EVANSTON-PETTY CASH PETTY CASH 16.09 22700 EVANSTON 32 LLC C/O REALTY & MORTGAGE CO OVERPAYMENT OF WATER ACCOUNT # 1123006-01 642.43 22700 EVANSTON 32 LLC C/O REALTY & MORTGAGE CO OVERPAYMENT OF WATER ACCOUNT # 1123240-01 1,066.20 22700 EVANSTON 30 LLC C/O REALTY & MORTGAGE CO OVERPAYMENT OF WATER ACCOUNT # 4443660-01 359.23 22700 BLAKE & KAREN HORWITZ OVERPAYMENT OF WATER ACCOUNT # 3340490-04 50 22700 KINZIE REAL ESTATE GROUIP OVERPAYMENT OF WATER ACCOUNT # 2241911-01 27.48 22700 IH2 PROPERTY PLCE OVERPAYMENT OF WATER ACCOUNT # 1153870-01 88.38 22700 ANNE HANSEN OVERPAYMENT OF WATER ACCOUNT # 1142150-01 657.47 22700 ROBERT BOLICK OVERPAYMENT OF WATER ACCOUNT # 1150720-01 193.78 22700 IH2 PROPERTY PLACE OVERPAYMENT OF WATER ACCOUNT # 1153870-01 63.36 22700 TOM OBRIEN OVERPAYMENT OF WATER ACCOUNT # 2232460-01 18.01 22700 CENTURY 21 AFFILIATED OVERPAYMENT OF WATER ACCOUNT # 2241933-01 27.48 22700 CHARLES & KIMBERLY COUSINEAU OVERPAYMENT OF WATER ACCOUNT # 3340813-04 67.86 22700 MAXWELL DAVIS OVERPAYMENT OF WATER ACCOUNT # 4413500-00 118.46 22700 T PARRISH & A MILLER OVERPAYMENT OF WATER ACCOUNT # 4431120-01 111.22 22700 WHOLE FOODS #10369 OVERPAYMENT OF WATER ACCOUNT # 4432660-01 1,701.17 22700 309 SHERMAN LLC OVERPAYMENT OF WATER ACCOUNT # 4443590-07 494.23 22700 INSITE INVESTMENT GROUP OVERPAYMENT OF WATER ACCOUNT # 4443854-00 63.38 22700 R. EDER OVERPAYMENT OF WATER ACCOUNT # 4453281-00 167.94 22700 NORTH SHORE HOLDINGS LLC OVERPAYMENT OF WATER ACCOUNT # 4461641-01 45.43 22700 GENE BELL OVERPAYMENT OF WATER ACCOUNT # 4494910-00 77.34 22700 EDWARD HARRISON OVERPAYMENT OF WATER ACCOUNT # 4494920-02 106.22 22700 DOUGLAS HASEGAWA & NANCY BERTE OVERPAYMENT OF WATER ACCOUNT # 5541540-01 175.7 22700 MRS. JO A. LARGENT OVERPAYMENT OF WATER ACCOUNT # 5552470-00 64.98 22700 DANIEL DOMENJOUD C/O JBS ASSOCIATES OVERPAYMENT OF WATER ACCOUNT # 6661090-00 271.98 22700 EZE & ERIC CARLSON OVERPAYMENT OF WATER ACCOUNT # 6670040-04 57.67 22700 TANYA BARRETT-SMITH OVERPAYMENT OF WATER ACCOUNT # 1180890-01 150 22700 JAN MCCOLLUM OVERPAYMENT OF WATER ACCOUNT # 4411050-03 288.67 22700 S. L. MEYERS C/O D. BLANKS OVERPAYMENT OF WATER ACCOUNT # 4462470-00 142.12 22700 JOSE LEON OVERPAYMENT OF WATER ACCOUNT # 4481050-01 482.12 22700 JB REAL ESTATE FUND OVERPAYMENT OF WATER ACCOUNT # 4492220-01 208.28 22700 JAN ACHENBACK OVERPAYMENT OF WATER ACCOUNT # 5511033-01 142.94 22700 MARY ANNE HOOVER OVERPAYMENT OF WATER ACCOUNT # 5511070-00 118.45 22700 AMY WHETSTONE OVERPAYMENT OF WATER ACCOUNT # 5511070-00 99 22700 JEFF LULENSKI OVERPAYMENT OF WATER ACCOUNT # 5543320-02 184.96 22700 BRIDGET KELLY OVERPAYMENT OF WATER ACCOUNT # 5570060-03 69.08 22700 MICHAEL RENE RAMOS OVERPAYMENT OF WATER ACCOUNT # 9999999-00 269.68 510 WATER FUND SUPPORT Total 8,888.79 4200 WATER PRODUCTION 56145 FER-PAL CONSTRUCTION USA, LLC FIRE HYDRANT DEPOSIT REFUND 300.00 62295 REHG, KRISTIN REIMBURSEMENT: AWWA WATER CONFERENCE 993.64 62295 CITY OF EVANSTON - PETTY CASH PETTY CASH 119.00 62295 CRAIG BAUER REIMBURSEMENT: AWWA WATER CONFERENCE 410.28 62295 SCHWEGEL, MATTHEW J REIMBURSEMENT: AWWA WATER CONFERENCE 165.00 62295 BRYAN EVANS REIMBURSEMENT: AWWA WATER CONFERENCE 410.28 64505 BYTRONICS, INC., BASIN TECH CENTRE MONTHLY SUPPORT FOR JULIE TICKETS 120.20 65095 OFFICE DEPOT OFFICE SUPPLIES 92.54 4200 WATER PRODUCTION Total 2,610.94 4208 WATER BILLING 64540 VERIZON WIRELESS COMMUNICATION CHARGES 114.03 4208 WATER BILLING Total 114.03 4210 PUMPING 64005 COMED UTILITIES 20.39 64005 MC SQUARED ENERGY UTILITIES 65,687.26 64015 NICOR UTILITIES 239.23 4210 PUMPING Total 65,946.88 4220 FILTRATION 62420 METROPOLITAN WATER RECLAIMATION DISTRICT ANNUAL USER CHARGE FOR SLUDGE REMOVAL 30,655.40 62465 EUROFINS EATON ANALYTICAL FY2016 LABORATORY TESTING-ROUTINE COMPLIANCE 10.00 65015 MOSAIC GLOBAL SALES, LLC HYDROFLUOROSILICIC ACID (PER SPEC)17,917.82 65030 CARUS PHOSPHATES, INC.ORTHOPOLYPHOSPHATE (PER SPEC)17,068.00 4220 FILTRATION Total 65,651.22 741 of 321 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.26.2016 4225 WATER OTHER OPERATIONS 62315 INFOSEND, INC.UTILITY BILL PRINT & POSTAGE RFP 13-27 4,464.44 62455 INFOSEND, INC.UTILITY BILL PRINT & POSTAGE RFP 13-27 1,447.36 4225 WATER OTHER OPERATIONS Total 5,911.80 4230 WATER CAPITAL OUTLAY 65555 DELL COMPUTER CORP.COMPUTER MONITOR PURCHASE 269.99 65555 DELL COMPUTER CORP.MINITOWER PURCHASE 927.06 4230 WATER CAPITAL OUTLAY Total 1,197.05 4540 DISTRIBUTION MAINTENANCE 62210 ON TRACK FULFILLMENT INC.PRINT & MAIL RPZ CARDS 250.00 62210 ON TRACK FULFILLMENT INC.PRINT LAWN SPRINKLER MAILING 135.00 62275 ON TRACK FULFILLMENT INC.PRINT & MAIL RPZ CARDS 61.25 65055 G & M TRUCKING, INC.2015 Granular Materials 4,621.20 4540 DISTRIBUTION MAINTENANCE Total 5,067.45 7131 CAPITAL IMPROVEMENTS 415185 65515 CHRISTOPHER B. BURKE ENGINEERING, LTD.SHERIDAN RD/CHICAGO AVE PHASE I & II ENGINEERING SERVICES 30,368.04 7131 CAPITAL IMPROVEMENTS Total 30,368.04 510 WATER FUND Total 185,756.20 513 WATER DEPR IMPRV & EXTENSION FUND 7330 WATER FUND DEP, IMP, EXT 415450 65515 BOLDER CONTRACTORS BID # 15-60 SHERIDAN RD WATER MAIN LINING 1,110,181.15 7330 WATER FUND DEP, IMP, EXT Total 1,110,181.15 513 WATER DEPR IMPRV & EXTENSION FUND Total 1,110,181.15 515 SEWER FUND 4533 SEWER CAPITAL 65625 STANDARD EQUIPMENT COMPANY RODDER HEAD KIT 5,000.00 4533 SEWER CAPITAL Total 5,000.00 515 SEWER FUND Total 5,000.00 520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 65625 VERIZON WIRELESS COMMUNICATION CHARGES 84.20 7685 REFUSE COLLECT & DISPOSAL Total 84.20 520 SOLID WASTE FUND Total 84.20 600 FLEET SERVICES FUND 7710 MAJOR MAINTENANCE 62355 CINTAS #22 WEEKLY UNIFORM SERVICE 285.61 62355 CINTAS CORPORATION #769 WEEKLY MAT SERVICE 659.67 65015 1ST AYD CORPORATION CHEMICALS FOR SHOP 324.59 65015 CERTIFIED LABORATORIES FREE AEROSOL 302.61 65035 CITY WELDING SALES & SERVICE INC.WELDING GASES 244.95 65050 EQUIPMENT DEPOT OF ILLINOIS 2006 CATERPILLAR REACH FORKLIFT TRUCK 7,695.00 65060 ATLAS BOBCAT, INC.#639 CYLINDERS & HYD TUBES 864.39 65060 CUMBERLAND SERVICENTER #721 PRIMING PUMP HEAD 402.51 65060 GROVER WELDING COMPANY #542 FABRICATE STEP LADDER 436.34 65060 GROVER WELDING COMPANY #551 STEP LADDER 437.02 65060 GROVER WELDING COMPANY #566 STEEL SHEET 48.75 65060 GROVER WELDING COMPANY FABRICATE 4 HOOKS 107.75 65060 HAVEY COMMUNICATIONS INC.#79 REPLACE LAIGHT STICK 197.00 65060 HAVEY COMMUNICATIONS INC.18" HALOGEN MAP LIGHT 102.55 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO #566 BATTERY 90.68 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO 3 BATTERIES 393.59 65060 LEACH ENTERPRISES, INC.#583 SLACK ADJUSTERS 324.20 65060 LEACH ENTERPRISES, INC.#636 SLACK ADJUSTERS 377.32 65060 LEACH ENTERPRISES, INC.#720 SLACK ADJUSTER 1 DRUMS 931.26 65060 LEACH ENTERPRISES, INC.DESICCANT CARTRIDGE PUREST 128.79 65060 LEACH ENTERPRISES, INC.RETURN: WASHER SOLVENT -218.00 65060 LEACH ENTERPRISES, INC.SLACK ADJUSTERS 366.26 65060 LEACH ENTERPRISES, INC.TOOL FOR FLEET SHOP 600.00 65060 NORTH SHORE TOWING #716 TOW TO CUMBERLAND 525.00 65060 NORTH SHORE TOWING #74 TOW TO G.M.F 95.00 65060 SPRING ALIGN #589 SPRING REPLACEMENT 1,653.85 65060 SPRING ALIGN #712 KING PIN & ALIGNMENT 1,516.51 65060 STANDARD EQUIPMENT COMPANY #956 HUD CONTROL VALVE PIN KIT 24.50 65060 STANDARD EQUIPMENT COMPANY COOLANT SYSTEM RECOV 32.36 65060 STANDARD EQUIPMENT COMPANY HANDLE-DUAL HAND VAL 32.90 65060 STANDARD EQUIPMENT COMPANY SWEEPER MIRROR BRACKETS 353.66 65060 VERMEER MIDWEST #560 JACK 83.84 65060 VERMEER MIDWEST #566 IDLER/SENSOR 255.53 65060 WEST SIDE EXCHANGE #657 DRUM REPAIRS 454.46 65060 INTERSTATE POWER SYSTEMS, INC.#312 TURBO AIR FITTING 57.30 65060 INTERSTATE POWER SYSTEMS, INC.OIL TESTING KITS 210.07 65060 ICEMANN ARENA SERVICES #426 REPAIRS TO ICE RESURFACER 5,638.40 65060 GLOBAL EMERGENCY PRODUCTS, INC.#323 REAR CALIPERS 2,545.39 65060 REINDERS, INC.#533 LIFT CYLINDER 624.02 65060 CARQUEST EVANSTON #312 BELT 45.20 842 of 321 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.26.2016 65060 CARQUEST EVANSTON FUEL HOSE 69.00 65060 CARQUEST EVANSTON RETURN: CARB CLEANER -33.00 65060 GOLF MILL FORD #145 BLIND SPOT MIRROR 80.64 65060 GOLF MILL FORD #159 RADIATOR 235.56 65060 GOLF MILL FORD #163 OIL LEAK REPAIRS 2,238.71 65060 GOLF MILL FORD #347 GLOVE BOX SWITCH 15.74 65060 GOLF MILL FORD #54 L/S FRONT DOOR 70.13 65060 GOLF MILL FORD #546 REAR SHOCKS 83.42 65060 GOLF MILL FORD #806 SEAL 178.50 65060 GOLF MILL FORD RETURN: CORE -250.00 65060 GOLF MILL FORD SENSOR 56.53 65060 WENTWORTH TIRE SERVICE 2 RECAP TIRES 142.00 65060 WENTWORTH TIRE SERVICE RECAP TIRES 279.00 65060 WENTWORTH TIRE SERVICE TIRE REPAIR 1,448.00 65060 WENTWORTH TIRE SERVICE TIRE SERVICE 244.99 65060 ORLANDO AUTO TOP #713 REBUILD BUCKET SEAT 185.00 65060 ORLANDO AUTO TOP 2013 CHEVY TAHOE REPLACE BACKSEAT 410.00 65060 ORLANDO AUTO TOP 2014 FORD SUV REPLACE FRT SEAT 285.00 65060 ORLANDO AUTO TOP REBUILD HALF SEAT 175.00 65060 LAWSON PRODUCTS, INC.LINCH PIN STEEL 117.59 65060 CHICAGO PARTS & SOUND, LLC BRAKE PARTS 1,178.04 65060 CHICAGO PARTS & SOUND, LLC BRAKE ROTORS 350.00 65060 CHICAGO PARTS & SOUND, LLC MISC. BRAKE PARTS 977.87 65060 CHICAGO PARTS & SOUND, LLC ROTOR ASY 311.48 65060 ADVANCED PROCLEAN INC.POWER WASHING 1,092.15 65060 APC STORES, INC., DBA BUMPER TO BUMPER #444 BRAKE JOB 261.58 65060 APC STORES, INC., DBA BUMPER TO BUMPER #567 6 WIRE CONNECTOR 5.89 65060 APC STORES, INC., DBA BUMPER TO BUMPER #567 SST LIGHTS 120.92 65060 APC STORES, INC., DBA BUMPER TO BUMPER #659 FILTERS 136.01 65060 APC STORES, INC., DBA BUMPER TO BUMPER AIR FILTER 562.13 65060 APC STORES, INC., DBA BUMPER TO BUMPER AIR FILTERS 177.50 65060 APC STORES, INC., DBA BUMPER TO BUMPER CLR/MARKER LAMP 317.84 65060 APC STORES, INC., DBA BUMPER TO BUMPER FILTERS 72.98 65060 APC STORES, INC., DBA BUMPER TO BUMPER MICRO-V BELTS 106.18 65060 APC STORES, INC., DBA BUMPER TO BUMPER OIL FILTER 18.51 65060 APC STORES, INC., DBA BUMPER TO BUMPER REAR VIEW WIPER 21.98 65060 APC STORES, INC., DBA BUMPER TO BUMPER RETURN: CALIPER -60.00 65060 THE CHEVROLET EXCHANGE #67 HANDLE 28.71 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #315 FRONT DOOR WINDOW CHANNEL 55.36 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #315 GLASS DOOR SEAL 137.11 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC 6 BRAKE CHAMBERS 623.70 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC ABS SENSOR 631.90 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC CHANNEL GLASS RUN 21.72 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC RETURN: ADAPTER CARTRIDGE -131.25 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC RETURN: CORE -204.82 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC RETURN: FLIP OUT ARM KIT -130.44 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC RETURN: HEATER/CABLE -150.93 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC RETURN: MOTOR CONTROL -79.68 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC RETURN: CHAMBER BRAKE -277.92 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC RETURN: GLASS ASSY -210.04 65060 MILLER HYDRAULIC SERVICE, INC.ROTARY ACTUATOR 625.90 65065 WENTWORTH TIRE SERVICE 16 NEW TIRES 5,572.48 65065 WENTWORTH TIRE SERVICE NEW TIRE 863.04 7710 MAJOR MAINTENANCE Total 48,308.54 600 FLEET SERVICES FUND Total 48,308.54 601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 65550 HAVEY COMMUNICATIONS INC.#79 REPLACE LAIGHT STICK 197.00 65550 HAVEY COMMUNICATIONS INC.18" HALOGEN MAP LIGHT 102.55 7780 VEHICLE REPLACEMENTS Total 299.55 601 EQUIPMENT REPLACEMENT FUND Total 299.55 605 INSURANCE FUND 7800 RISK MANAGEMENT 62310 NORTH SHORE ENH OMEGA EMPLOYEE HEALTH SCREENINGS 370.00 7800 RISK MANAGEMENT Total 370.00 605 INSURANCE FUND Total 370.00 700 FIRE PENSION FUND 8000 FIREFIGHTERS' PENSION 61755 BURKE, BURNS & PINELLI, LTD.*LEGAL FEES 142.50 8000 FIREFIGHTERS' PENSION Total 142.50 700 FIRE PENSION FUND Total 142.50 Grand Total 2,630,699.41 943 of 321 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.26.2016 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT INSURANCE VARIOUS VARIOUS CASUALTY LOSS 12,495.05 VARIOUS VARIOUS WORKERS COMP 9425.47 VARIOUS VARIOUS WORKERS COMP 18626.1 40,546.62 SEWER 7575.68305 IEPA LOAN DISBURSEMENT SEWER FUND 200,838.94 200,838.94 241,385.56 Grand Total 2,872,084.97 PREPARED BY DATE REVIEWED BY DATE APPROVED BY DATE 1044 of 321 For City Council meeting of April 25, 2016 Item A3.1 Business of the City by Motion: Renewal of CAD Software License and Service Agreement with SunGard Public Sector For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Richard Eddington, Chief of Police Perry Polinski, Communications Coordinator Subject: Renewal of CAD Software License and Service Agreement with SunGard Public Sector Date: April 25, 2016 Recommended Action: Staff recommends that the City Council authorize the City Manager to renew sole source software license and service agreement with SunGard Public Sector (1000 Business Center Drive, Lake Mary, FL) for the Police Department’s CAD (Computer Aided Dispatch) software in the amount of $69,896.00. The Agreement is effective from May 1, 2016 through April 30, 2017. Funding Source: Funding will be provided by the Emergency Telephone System account 205.22.5150.62509 (Service Agreements & Contracts) with a Budget of $225,000.00. The 2015 service agreement with SunGard Public Sector was $75,119.30. In July 2015, the City Council approved the purchase of SunGard ONESolution public safety software to upgrade the current CAD system. At the time, SunGard agreed to keep our annual maintenance fee at its current level. The CAD upgrade project began in January of this year. Summary: This software is fully utilized by the Evanston Police Department and is essential for their daily success. As a proprietary system, there is no alternative maintenance option. The fees paid for this service agreement are used to continuously improve SunGard’s software applications as well as staff their 24/7 Public Safety & Justice applications support center. Also, as a client of SunGard Public Sector, the Police Department benefits from the continuous research and development that SunGard is doing to improve and enhance their software. This is a sole source request because the only Memorandum 45 of 321 option for comprehensive maintenance and support of the CAD application is SunGard Public Sector as it is the sole owner and distributor of the software. The Police Department’s CAD has been in use since May 9, 1994 (at the time, this software license and service agreement was negotiated at a considerable discount). The Police Department relies on CAD to process numerous transactions related to real- time tracking and dispatching of public safety resources. CAD also assembles information for future use in reporting applications. Below is a brief description of some of the software applications that this agreement covers: • QREP is a reporting tool used to extract data and write programs for CAD and Records databases. • MCT (Mobile Computing Technology) is the base product that drives all of the Public Safety personnel’s ability to receive and send information to Dispatch and provides access to LEADS, which allows officers to obtain license plate, driver’s license, and criminal history information. • E911 interface automatically enters the name, address, and phone number (ANI/ALI) of the 9-1-1 caller into CADS. • CAD-Computer Aided Dispatch is the central system that all of the above systems connect to. This system provides telecommunicators with all of the data and information needed to dispatch public safety personnel to calls efficiently. • RMS (Records Management System) is the central data entry system for all information or reports generated by the Police Department. • LEADS state/NCIC interface provides LEADS access to all police officers on patrol. • MFR (Mobile Field Reporting) automates the police reporting process. Legislative History: FY16 Emergency Telephone System budget approved at the meeting of September 24, 2015. Attachments Copy of Invoice 46 of 321 Document No Date Page 117568 31/Mar/2016 1 of 3 Ship To:Bill To: Customer Grp/No.Currency Terms Due Date 6791 30/Apr/2016USD SKU Code/Description/Comment Units Rate Extended City of Evanston (OSSI) 1454 Elmwood Ave. EVANSTON, IL 60201 United States Attn: Perry Polinski City of Evanston (OSSI) 1454 Elmwood Ave. EVANSTON, IL 60201 United States Attn: Perry Polinski Company LG 1 Customer Name City of Evanston (OSSI) Invoice No Customer PO Number NET30 1000 Business Center Drive Lake Mary, FL 32746 800-727-8088 www.sungardps.com Contract No.150676 1 1.00 10,572.00 10,572.00 OSSI Base Computer Aided Dispatch System(includes 4 consoles) Maintenance Start: 01/May/2016, End: 30/Apr/2017 2 5.00 592.80 2,964.00 OSSI Additional CAD Console License Maintenance Start: 01/May/2016, End: 30/Apr/2017 3 1.00 836.00 836.00 OSSI E911 Interface Module Maintenance Start: 01/May/2016, End: 30/Apr/2017 4 5.00 180.00 900.00 OSSI CAD Resource Monitor Display License with Maps Client Maintenance Start: 01/May/2016, End: 30/Apr/2017 5 1.00 836.00 836.00 ONESolution CAD Map Display and Map Maintenance Software License Maintenance Start: 01/May/2016, End: 30/Apr/2017 6 8.00 304.00 2,432.00 ONESolution Additional CAD Map Display & Map Maintenance Client License Maintenance Start: 01/May/2016, End: 30/Apr/2017 7 1.00 836.00 836.00 OSSI Alpha Numeric Paging Module Maintenance Start: 01/May/2016, End: 30/Apr/2017 8 1.00 160.00 160.00 CAD PageGate Interface Maintenance Start: 01/May/2016, End: 30/Apr/2017 9 1.00 608.00 608.00 OSSI - CAD - Multi-Jurisdicitional Dispatch Option Maintenance Start: 01/May/2016, End: 30/Apr/2017 10 1.00 880.00 880.00 OSSI Firehouse RMS Interface Maintenance Start: 01/May/2016, End: 30/Apr/2017 11 1.00 720.00 720.00 Zetron FSA/IP Toning Interface Maintenance Start: 01/May/2016, End: 30/Apr/2017 12 1.00 320.00 320.00 OSSI - CAD Interface to CryWolf Maintenance Start: 01/May/2016, End: 30/Apr/2017 13 1.00 6,352.00 6,352.00 OSSI Client Base Records Management System-30 Worstations Maintenance Start: 01/May/2016, End: 30/Apr/2017 14 1.00 720.00 720.00 OSSI RMS Map Display and Pin Mapping License Page Total 29,136.00 47 of 321 Document No Date Page 117568 31/Mar/2016 2 of 3 Ship To:Bill To: Customer Grp/No.Currency Terms Due Date 6791 30/Apr/2016USD SKU Code/Description/Comment Units Rate Extended City of Evanston (OSSI) 1454 Elmwood Ave. EVANSTON, IL 60201 United States Attn: Perry Polinski City of Evanston (OSSI) 1454 Elmwood Ave. EVANSTON, IL 60201 United States Attn: Perry Polinski Company LG 1 Customer Name City of Evanston (OSSI) Invoice No Customer PO Number NET30 1000 Business Center Drive Lake Mary, FL 32746 800-727-8088 www.sungardps.com Maintenance Start: 01/May/2016, End: 30/Apr/2017 15 1.00 1,168.00 1,168.00 OSSI Notification Module-30 Workstations Maintenance Start: 01/May/2016, End: 30/Apr/2017 16 1.00 128.00 128.00 OSSI Calls for Service Module-5 Workstations Maintenance Start: 01/May/2016, End: 30/Apr/2017 17 1.00 544.00 544.00 OSSI Basic Accident Module-30 Workstations Maintenance Start: 01/May/2016, End: 30/Apr/2017 18 1.00 912.00 912.00 Crime Analysis PlusNet Module Maintenance Start: 01/May/2016, End: 30/Apr/2017 19 1.00 912.00 912.00 OSSI - Link Analysis Module Maintenance Start: 01/May/2016, End: 30/Apr/2017 20 1.00 600.00 600.00 OSSI Accident Wizard Base Server License Maintenance Start: 01/May/2016, End: 30/Apr/2017 21 1.00 416.00 416.00 OSSI Traffi Stops (Racial Profiling) Module-5 Workstations Maintenance Start: 01/May/2016, End: 30/Apr/2017 22 30.00 30.40 912.00 OSSI Accident Wizard Workstation License Client Maintenance Start: 01/May/2016, End: 30/Apr/2017 23 1.00 0.00 0.00 OSSI Police to Police Annual Subscription Fee Maintenance Start: 01/May/2016, End: 30/Apr/2017 24 1.00 4,960.00 4,960.00 OSSI Base Mobile Server Software Client-Up to 75 Workstations Maintenance Start: 01/May/2016, End: 30/Apr/2017 25 60.00 112.00 6,720.00 OSSI MCT Client for Digital Dispatch Maintenance Start: 01/May/2016, End: 30/Apr/2017 26 60.00 16.00 960.00 OSSI Mobile Client Maps Maintenance Start: 01/May/2016, End: 30/Apr/2017 27 48.00 16.00 768.00 OSSI Client AVL-(Police) Maintenance Start: 01/May/2016, End: 30/Apr/2017 28 1.00 3,360.00 3,360.00 OSSI AVL Server Host License Page Total 22,360.00 48 of 321 Document No Date Page 117568 31/Mar/2016 3 of 3 Ship To:Bill To: Customer Grp/No.Currency Terms Due Date 6791 30/Apr/2016USD SKU Code/Description/Comment Units Rate Extended City of Evanston (OSSI) 1454 Elmwood Ave. EVANSTON, IL 60201 United States Attn: Perry Polinski City of Evanston (OSSI) 1454 Elmwood Ave. EVANSTON, IL 60201 United States Attn: Perry Polinski Company LG 1 Customer Name City of Evanston (OSSI) Invoice No Customer PO Number NET30 1000 Business Center Drive Lake Mary, FL 32746 800-727-8088 www.sungardps.com Maintenance Start: 01/May/2016, End: 30/Apr/2017 29 9.00 192.00 1,728.00 ONESolution CAD Client AVL License Maintenance Start: 01/May/2016, End: 30/Apr/2017 30 1.00 1,920.00 1,920.00 OSSI's Integrated Messaging Software Switch Maintenance Start: 01/May/2016, End: 30/Apr/2017 31 9.00 32.00 288.00 OSSI - LAN Client License for Message Switch Maintenance Start: 01/May/2016, End: 30/Apr/2017 32 1.00 3,120.00 3,120.00 OSSI Review Module for Field Reporting- up to 50 workstations Maintenance Start: 01/May/2016, End: 30/Apr/2017 33 48.00 112.00 5,376.00 ONESolution MFR Client Maintenance Start: 01/May/2016, End: 30/Apr/2017 34 30.00 64.00 1,920.00 OSSI - MFR Client - Accident Reporting Maintenance Start: 01/May/2016, End: 30/Apr/2017 35 48.00 32.00 1,536.00 OSSI - MFR Client - Racial Profiling Maintenance Start: 01/May/2016, End: 30/Apr/2017 36 1.00 912.00 912.00 OSSI - MCT Interface to Firehouse Maintenance Start: 01/May/2016, End: 30/Apr/2017 37 1.00 1,600.00 1,600.00 OSSI - MFR Client MOBLAN - Site License Maintenance Start: 01/May/2016, End: 30/Apr/2017 Page Total 18,400.00 69,896.00 0.00 Subtotal Invoice Total 69,896.00 0.00 69,896.00 Payment Received Sales Tax Balance Due Remit Payment To: SunGard Public Sector Inc. Bank of America 12709 Collection Center Drive Chicago, IL 60693 49 of 321 For City Council meeting of April 25, 2016 Item A3.2 Business of the City by Motion: 2016-2018 Agreement with Otis Elevator Company 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 Sean Ciolek, Division Manager of Facilities Management Subject: 2016-2018 Renewal of Elevator Service Agreement with Otis Elevator Company for the Civic Center, Service Center, Maple Ave. and Church Street Parking Garages Date: March 25, 2016 Recommended Action: Staff recommends renewal of the sole source service and maintenance agreement with Otis Elevator Company (949 Oak Creek Drive, Lombard, IL) for 11 elevators at various city facilities in the amount of $60,324.24 for FY 2016, $60,324.24 for FY 2017 and $60,324.24 for FY 2018. The cost represents a 6% reduction from the previous 2015 contract. Funding Source: Funding for FY2016 will be as follows accounts: • $16,452.08 for 3 Elevators at Civic and Service Centers from Facilities Account No. 100.19.1950.62425 (with a budget of $4,165) and Facilities Account No. 100.19.1950.62509 (with a budget of $74,845); • $16,452.08 for 3 Elevators at Church St. from Parking Fund Account No. 505.19.7025.62425 (with a budget of $22,000); and • $27,420.08 for 5 Elevators at Maple Ave. from Parking Fund Account No. 505.19.7037.62425 (with a budget of $40,000). Summary: This service and maintenance agreement is for the 2 elevators at the Civic Center, 1 freight elevator at the Service Centers, 5 elevators at the Maple Avenue Parking Garage and 3 elevators at the Church Street Parking Garage. The proposed 3-year service agreement is effective from January 1, 2016 to December 31, 2018. Memorandum 50 of 321 Otis Elevator Company has been successfully maintaining and servicing the elevators located at the Service Center, Lorraine H. Morton Civic Center, and both the Maple Avenue and Church Street Parking Garages under various length contracts and extensions since 2005. Annual maintenance and service agreements for elevators are standard practice for municipal facilities. The specialized equipment and parts used to repair the elevators is proprietary equipment exclusive to the Otis Elevator Company. Staff is requesting approval for a multi-year service and maintenance agreement for FY2016, FY2017 and FY2018 as this would provide us with a savings of $6,420.84 each year since a single year agreement just for FY 2016 would have been $66,745.08. The cost for this service in 2015 was $64,208.76 resulting in an approximately 6% savings for 2016, 2017 and 2018. ------------------------------------------------------------------------------------- Attachments: Otis Elevator Service and Maintenance Agreement Proposal 51 of 321 © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LiNX Form MNT-OM (01/30/13) Proposal#: AF9728 Page 1 of 10 OTIS MAINTENANCE DATE:02/04/2016 TO:FROM: City Of Evanston Attn: Parking System 2100 Ridge Ave Evanston, IL 60201 Otis Elevator Company 949 Oak Creek Drive Lombard, IL 60148 EQUIPMENT LOCATION:Nora Gross Church Street Parking 525 Church Street Evanston, IL 60201 Phone: (224) 254-0862 Fax:(860) 660-2661 PROPOSAL NUMBER: AF9728 EQUIPMENT DESCRIPTION: No Of Units Type Of Units Manufacturer Customer Designation Machine Number 1 GEARED DOVER N. ELV D40329 5 GEARED OTIS ELEVATOR COMPANY ELV 5 , ELV 4 , ELV 3 , ELV 2 , ELV 1 608539, 608538, 608537, 608536, 608535 2 HYDRAULIC DOVER ONLY , S. ELV D40387, D40037 3 HYDRAULIC OTIS ELEVATOR COMPANY S. A , S. B 328-5152, N. PASS 404887, 404888, 404889 OTIS MAINTENANCE We propose to furnish Otis Maintenance on the equipment (“Units”) described above. Otis Maintenance is a full preventive maintenance service intended to protect your investment, extend equipment life, and provide a high level of performance and reliability. OTIS MAINTENANCE MANAGEMENT SYSTEMSM We will use the Otis Maintenance Management System preventive maintenance program to deliver service tailored to your specific building needs. Equipment type, component life, equipment usage, and building environment will be taken into account by the OMMS® scheduling system, which will be used to plan maintenance activities in advance. The Units will be provided with devices to monitor equipment usage. We will use OMMS standard work processes developed and continuously improved by Otis. Under this Contract, we will maintain the Units on the following terms and conditions: PERFORMANCE MAINTENANCE We will maintain the Units using trained personnel directly employed and supervised by us. The maintenance will include inspection, lubrication, and adjustment of the following parts: Controller parts, selectors and dispatching equipment, relays, solid-state components, transducers, resistors, condensers, power amplifiers, transformers, contacts, leads, dashpots, timing devices, computer and microcomputer devices, steel selector tapes, mechanical and electrical driving equipment, signal lamps, and position indicating 52 of 321 © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LiNX Form MNT-OM (01/30/13) Proposal#: AF9728 Page 2 of 10 OTIS MAINTENANCE equipment. Door operators, car door hangers, car door contacts, door protective devices, load weighing equipment, car frames, car safety mechanisms, platforms, car and counterweight guide shoes including rollers and gibs, and emergency car lighting. Hoistway door interlocks and hangers, bottom door guides, and auxiliary door closing devices. Machines, worms, gears, thrust bearings, drive sheaves, drive sheave shaft bearings, brake pulleys, brake coils, contacts, linings, and component parts. Motors, brushes, brush holders, and bearings. Governor components, governor sheaves and shaft assemblies, bearings, contacts, governor jaws, deflector or secondary sheaves, car and counterweight buffers, car and counterweight guide rails, car and counterweight sheave assemblies, top and bottom limit switches, governor tension sheave assemblies, and compensating sheave assemblies. Pumps, pump motors, operating valves, valve motors, leveling valves, plunger packings, exposed piping, above ground plungers and cylinders, and hydraulic fluid tanks. Escalator handrails, handrail drive chains, handrail brush guards, handrail guide rollers, alignment devices, steps, step treads, step wheels, step chains, step axle bushings, comb plates, floor plates, tracks, external gearing, and drive chains. Escalator upper drives, upper drive bearings, tension sprocket bearings, upper newel bearings and lower newel bearings, demarcation lights, and comb lights. RELIABILITY PARTS COVERAGE If necessary, due to normal usage and wear, Otis will repair or replace any of the parts specified above at their sole discretion, unless specifically excluded elsewhere in the contract. Any parts under this Contract requiring replacement will be replaced with parts selected by Otis. PARTS INVENTORY We will during the term of this Contract maintain a supply of frequently used replacement parts and lubricants selected by Otis to meet the specific routine requirements of the Units. Any replacement parts stored in the machine room remain our property until installed in the Units. We further agree to maintain a supply of routine replacement parts available for express delivery in case of emergencies. QUALITY CONTROL We will periodically conduct field audits of our personnel and the Units to maintain quality standards. Otis field engineers will provide technical assistance, technical information, and Code consultation to support our maintenance organization. RESPONSIVENESS 24-HOUR DISPATCHING We will, at your request, provide you with access to eService and our OTISLINE 24-hour, year-round dispatching service. In the event a Unit malfunction occurs between regular examinations, you will be able to place a service call on eService or through an OTISLINE customer service representative, who will, at your request, dispatch an examiner to perform service. In the event Otis receives an emergency call from the phone in the elevator and a passenger indicates a need for assistance, Otis shall attempt to contact a building representative for an assessment of the situation and authorization to respond to the call. If Otis is unable to reach a building representative, Otis shall respond to the emergency call from the phone in the elevator. The visit will be treated as a Callback. It is your responsibility to: (a) have a representative available to receive and respond to OTISLINE calls; and (b) maintain working telephone equipment. COMMUNICATION CUSTOMER REPRESENTATIVE As a service to you, and at your request an Otis representative will be available to discuss with you your elevator needs in the areas of modernization, traffic handling ability, recommendations and requirements of Code authorities, proper use and care of the Units, and the OMMS program. There is no additional charge for this consulting service, but by making this service available to you, Otis does not assume any duty to warn. 53 of 321 © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LiNX Form MNT-OM (01/30/13) Proposal#: AF9728 Page 3 of 10 OTIS MAINTENANCE REPORTS – eSERVICE We will use the OMMS program to record completion of maintenance procedures. We will, at your request, provide you access to eService. You will be able to access twelve (12) months of repair, completed maintenance procedure and service call history for the Unit(s). You will be responsible for obtaining Internet access to use eService. SAFETY AND ENVIRONMENT SAFETY TESTS – TRACTION ELEVATORS We will periodically examine safety devices and governors of the Units. We will conduct an annual no load test and perform at each fifth year a full load, full speed test of safety mechanisms, overspeed governors, and car and counterweight buffers. If required, the governor will be recalibrated and sealed for proper tripping speed, and elevator car balances will be checked. As required by Code, or once every five years at a minimum, we will measure the coated steel belts for safety using a method approved by the manufacturer. SAFETY TESTS – HYDRAULIC ELEVATORS We will conduct an annual no load test and annual pressure relief valve test. FIREFIGHTERS’ SERVICE TEST If the equipment has firefighters' service, you assume responsibility for performing and keeping a record of any Code required tests and for the maintenance, functioning and testing of the smoke and/or heat detectors. If during the initial firefighters' service test any elevator firefighters' service is found to be inoperable, the building will be responsible for all of the cost associated with the repairs necessary to bring the unit in compliance with the applicable Codes. If any applicable Code or governing authority mandates that such required tests be performed by a licensed elevator mechanic, Otis will provide such testing and service on an Open Order basis. You will be responsible for the costs associated with such testing and service. SAFETY TRAINING We will instruct our personnel to use appropriate personal protection equipment and follow safe work practices. ENVIRONMENTAL PROTECTION Otis endeavors to reduce generation of waste materials, to minimize risks to the environment, customers, the general public and Otis employees, and to comply with all federal and state environmental laws and regulations. Material Safety Data Sheet (MSDS) Manuals are available for review at your request. You assume responsibility for removal of wastes, including but not limited to hydraulic oil, spoils, asbestos, etc., as it is not part of this Contract. MAINLINE DISCONNECTS You agree to engage a qualified electrician to service at least once annually the elevator mainline disconnects located in the elevator equipment room. SHARED RESPONSIBILITY You agree to provide us unrestricted ready and safe access to all areas of the building in which any part of the Units are located and to keep all machine rooms and pit areas free from water, stored materials, and debris. You agree to provide a safe work place for our personnel, and to remove and remediate any waste or hazardous materials in accordance with applicable laws and regulations. 54 of 321 © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LiNX Form MNT-OM (01/30/13) Proposal#: AF9728 Page 4 of 10 OTIS MAINTENANCE If any Unit is malfunctioning or is in a dangerous condition, you agree to immediately notify us using the 24-hour OTISLINE service. Until the problem is corrected, you agree to remove the Unit from service and take all necessary precautions to prevent access or use. You agree to properly post, maintain, and preserve any and all instructions or warnings to passengers in connection with the use of any Units. In furtherance of OSHA’s directive contained in 29 C.F.R. § 1910.147(f)(2)(i), which requires that a service provider (an “outside employer”) and its customer (an “on-site employer”) must inform each other of their respective lock out/tag out (“LOTO”) procedures whenever outside servicing personnel are to be engaged in control of hazardous energy activities on the customer’s site, Otis incorporates by reference its mechanical LOTO procedures and its electrical LOTO procedures. These procedures can be obtained at www.otis.com by (1) clicking on “The Americas” tab on the left side of the website; (2) choosing “US/English” to take you to the “USA” web page; (3) clicking on the “Otis Safety” link on the left side of the page; and (4) downloading the “Lockout Tagout Policy Otis 6.0” and “Mechanical Energy Policy Otis 7.0,” both of which are in .pdf format on the right side of the website page. Customer agrees that it will disseminate these procedures throughout its organization to the appropriate personnel who may interact with Otis personnel while Otis personnel are working on site at Customer’s facility. WORK SCHEDULE NORMAL HOURS All maintenance procedures and repairs will be performed during our regular working hours of our regular working days for the examiners who perform the service. All lamp and signal replacements will be performed during regular examinations. For purposes of this Contract, a Callback is a response by Otis to a request for service or assistance made (a) by the customer or customer representative, (b) by the building or building representative; (c) by emergency personnel; (d) through the ADA phone line, and/or (e) through REM® monitoring system, for service or assistance, on an as needed basis, excluding regularly scheduled maintenance. Regular working hours: 8:00 AM – 4:30 PM. Regular working days: Monday – Friday excluding holidays. OVERTIME On Callbacks outside of regular working hours, Otis will absorb the worked hours at straight time rates and you will be charged for the overtime premium portion only, including for travel time. OWNERSHIP AND LICENSES WIRING DIAGRAMS You agree to provide us with current wiring diagrams reflecting all previously made changes for Units covered by this Contract to facilitate proper maintenance of the equipment. We shall maintain the wiring diagrams so that they properly reflect any changes made by Otis to the equipment. These diagrams will remain your property. OTIS SERVICE EQUIPMENT Any counters, meters, tools, remote monitoring devices, or communication devices which we may use or install under this Contract remain our property, solely for the use of Otis employees. Such service equipment is not considered a part of the Units. You grant us the right to store or install such service equipment in your building and to electrically connect it to the Units. You will restrict access to the service equipment to authorized Otis personnel. You agree to keep the software resident in the service equipment in confidence as a trade secret for Otis. You will not permit others to use, access, examine, copy, disclose or disassemble the service equipment or the software resident in the service equipment for any purpose whatsoever. If the service is terminated for any reason, we will be given access to your premises to remove the service equipment, including the resident software, at our expense. OTIS SOFTWARE Software owned by Otis may be embedded in parts or otherwise provided by Otis as part of this maintenance agreement. You have the right to use this software only for operation of the units for which the part was provided. You may also make a backup or archival copy of the software, provided you reproduce the copyright notice and any other legend of 55 of 321 © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LiNX Form MNT-OM (01/30/13) Proposal#: AF9728 Page 5 of 10 OTIS MAINTENANCE ownership on the copy. You may not otherwise copy, display, adapt, modify, distribute, reverse assemble, reverse compile, or otherwise translate the software. You will not transfer possession of the software except as part of a transfer of ownership of the Units and the assumption of the rights and obligations under this agreement by the transferee. NON-OTIS SOFTWARE You retain your rights to any software not provided by Otis contained in the Units and agree to allow Otis to make one backup or archival copy for you. SERVICE TOOLS You are responsible to secure our right to use any special service tools required to maintain your non- Otis equipment. These tools must be provided prior to us beginning maintenance on such equipment. THE UNITS It is agreed that we do not assume possession or control of the Units, that such Units remain yours solely as owner and operator, lessee, or agent of the owner or lessee, and that you are solely responsible for all requirements imposed by any federal, state, or local law, Code, ordinance or regulation. CLARIFICATIONS This Contract does not cover car enclosures (including, but not limited to, wall panels, door panels, car gates, plenum chambers, hung ceilings, lighting, light diffusers, light tubes and bulbs, handrails, mirrors and floor coverings), rail alignment, hoistway enclosures, hoistway gates, hoistway inserts and brackets, mainline disconnect switches, doors, door frames, sills, swing door hinges and closing devices, below ground or unexposed hydraulic cylinders and plungers, buried or unexposed piping, escalator balustrades, escalator lighting or wedge guards. Without affecting our obligation to provide service under this Contract, you agree to permit us to train our personnel on the Units. This Contract does not cover computer and microcomputer devices, such as terminal keyboards and display units that are not exclusively dedicated to the elevator system. This Contract does not cover telephones installed by others, intercoms, heat sensors, smoke sensors, communications equipment, or safety signaling equipment, or instructions or warnings in connection with use by passengers. We will not be required: (i) to make any tests other than that as specifically set forth herein; (ii) to make any replacements with parts of a different design or type; (iii) to make any changes in the existing design of the Units; (iv) to alter, update, modernize or install new attachments to any Units, whether recommended or directed by governmental authorities or by any third party; (v) to make repairs or replacements necessitated by failures detected during or due to testing of the Units or buried or unexposed hydraulic cylinders or piping and (vi) to replace or repair any component or system utilizing obsolete or discontinued parts, including parts for which the original design is no longer manufactured by the original equipment manufacturers, or parts where the original item has been replaced by an item of different design or is replaceable only by fabrication; (vii) to provide reconditioned or used parts; (viii) to make any replacements, renewals, or repairs necessitated by reason of any cause beyond our control including, but not limited to, fire, explosion, theft, floods, water, weather, earthquake, vandalism, misuse, abuse, mischief, or repairs by others. You assume responsibility for the cost of correcting all Elevator Code violations existing on the date we enter into this Contract. If such Code violations or other outstanding safety violations are not corrected in accordance with this Contract, Otis may with respect to the equipment not meeting Code requirements cancel this Contract without penalty by providing thirty (30) days written notice. Neither party shall be liable for any loss, damage or delay due to any cause beyond our reasonable control including, but not limited to, acts of government, strikes, lockouts, other labor disputes, fire, explosion, theft, floods, water, weather, earthquake, riot, civil commotion, war, vandalism, misuse, abuse, mischief, or acts of God. We agree that we shall be liable for accidents and injuries to person or property when adjudged to have been caused by the sole negligence or willful misconduct of Otis or our employees. In all other instances, Customer shall indemnify, defend and hold us harmless against all claims, damages, losses, costs, and expenses (including attorney's fees and other litigation costs) arising out of or connected with the use, repair, maintenance, operation or condition of the Equipment. We shall maintain worker’s compensation and employers’ liability insurance covering our liability for injury or death sustained by our employees, and comprehensive general liability insurance. You shall insure that all risk insurance upon the full value of the Work and material delivered to the job site is maintained at no cost to us. If either party so requires, in writing, the other party shall furnish certificates of insurance evidencing the above insurance coverages. 56 of 321 © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LiNX Form MNT-OM (01/30/13) Proposal#: AF9728 Page 6 of 10 OTIS MAINTENANCE Notwithstanding any other agreement or provision to the contrary, under no circumstances will either party be liable for any indirect, special or consequential damages of any kind, including, but not limited to, fines or penalties, loss of profits, loss of rents, loss of good will, loss of business opportunity, additional financial costs, or loss of use of any equipment or property, whether in contract, tort, warranty or otherwise. You agree to provide us unrestricted ready and safe access to all areas of the building in which any part of the Units are located, to keep all machine rooms and pit areas free from water, stored materials, and debris, to provide a safe work place for our personnel, to remove and remediate any waste or hazardous materials in accordance with applicable laws and regulations, and to provide a grounded, 3-prong electrical system and proper lighting in the machine rooms and pits. We shall not be obliged to perform until such unsafe condition has been remedied. If any Unit is malfunctioning or is in a dangerous condition, you agree to notify us as soon as possible using the 24-hour OTISLINE® service. Until the problem is corrected, you agree to remove the Unit from service and take all necessary precautions to prevent access or use. You will provide written notice within twenty-four hours after occurrence of any accident in or about the elevator (s) and/or escalator(s) to us and if required by law, to any local authorities. You further agree to preserve replaced parts. Escalator Units are designed only for transporting passengers. For escalator Units, you agree to take all necessary measures to prevent other items from being conveyed, so that features designed to protect passengers and prevent property damage are not damaged. When stationary, escalators are to be properly barricaded and not to be used as steps. You agree to properly post, maintain, and preserve any and all instructions or warnings to passengers in connection with the use of any Units. In the event of an entrapment, Customer will call Otis and wait for a trained and licensed elevator mechanic to arrive, except for a medical emergency situation where it may be appropriate to summon a professional first responder such as police or firemen. Customer agrees that its agents, contractors, employees or representatives shall not attempt to extricate any passengers from an elevator that becomes stalled within the hoistway. Otis will not be required to make renewals or repairs necessitated by fluctuations in the building AC power systems, adverse hoistway or machine room conditions (including temperature variations below 60 degrees and above 90 degrees Fahrenheit), excessive humidity, adverse environmental conditions, water damage, rust, fire, explosion, acts of God, misuse, or vandalism. If this Agreement is terminated prematurely for any reason, other than our own default, you agree to pay as liquidated damages, and not as a penalty, one-half (50%) of the remaining amount due under this Agreement. Should this Agreement be accepted by you in the form of a purchase order, the terms and conditions of this Agreement will take precedence over those of the purchase order. We will not be liable for any claim, injury, delay, death or loss or property resulting from telephone equipment failure, false alarms, interruption of telephone service, or "no voice calls", i.e. calls from inside the equipment to Otisline where there is no verbal response to the Otisline operator. ALTERATIONS You will not allow others to make alterations, additions, adjustments, or repairs to the equipment. SPECIAL PROVISIONS Notwithstanding any other provision herein to the contrary, the following provisions shall be applicable and govern in the event of conflict: Price Adjustments Price adjustments are to be capped at 3% annually. 57 of 321 © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LiNX Form MNT-OM (01/30/13) Proposal#: AF9728 Page 7 of 10 OTIS MAINTENANCE RESPONSE-TIME STANDARDS We will, after a call for service is received by our dispatching center, have an examiner on your premises on average within the times set forth below. For the purposes of this provision, such averages will be calculated annually on an aggregate basis for all Units for all such calls received during the 12-month period between any two consecutive anniversary dates of the contract. The average response time during our regular business hours will be 2-3 hours. The average response time outside of our regular business hours will be 3-4 hours. If during any such 12-month period the average response time exceeds that set forth above, as your exclusive remedy you may request that we credit you in the month following such 12-month period an amount of $500 per gearless elevator Unit, $300 per escalator Unit, $300 per geared elevator Unit, and $150 per hydraulic elevator Unit. Current Contract Rights We do not relinquish our current contract rights with proposal of this new agreement. Unless this new contract is accepted by both parties, the current agreement in place remains in force. Otis REM® Maintenance We will provide Otis REM Maintenance on the applicable units. We will provide a microprocessor system that continuously monitors the Unit(s) on a 24-hour per day, year-round basis. The system will notify our OTISLINE® dispatching center that a Unit is inoperative by sending a message via telephone line. Upon the receipt of such message, we will either notify your on -site representative or initiate the dispatch of our personnel for emergency minor adjustment callback service during regular working hours of our regular working days for the mechanics who perform the service. We will collect data on the equipment condition including, but not limited to, door operation, leveling and whether the operation of a Unit has been interrupted. That information will be used to tailor the Otis Maintenance Management SystemSM preventive maintenance program for the Unit(s). You will furnish us at your expense, one (1) outside telephone line to the elevator machine room that allows data calls to and from a toll-free number at our OTISLINE dispatching center. The telephone line may be a separate line dedicated to the REM maintenance equipment or may be an existing line that is shared between another telephone and the REM maintenance equipment. Annual Testing - Witnessing The testing and witnessing will be included within the contract for 2016. CONTRACT PRICE AND TERM CONTRACT PRICE 58 of 321 © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LiNX Form MNT-OM (01/30/13) Proposal#: AF9728 Page 8 of 10 OTIS MAINTENANCE Five thousand twenty-seven dollars and two cents ($ 5,027.02 ) per month, payable Annually PRICE ADJUSTMENT The Contract Price will be adjusted on the effective date of any labor rate adjustment under Otis ’s contract with the International Union of Elevator Constructors (IUEC Contract) to reflect increases or decreases in material and labor costs. The percentage increase of the Contract will not exceed 3.00 %. A. Material Four hundred fifty-six dollars and ninety-six cents ($ 456.96 ) of the original Contract Price will be increased or decreased by the percent increase or decrease shown by the index of “Producer Commodity Prices for Metals and Metal Products” published by the U. S. Department of Labor, Bureau of Statistics for the price adjustment month compared with the index on 12/01/2015 which was 188.500 . B. Labor Four thousand five hundred seventy dollars and six cents ($ 4,570.06 ) of the original Contract Price will be increased or decreased by the percent increase or decrease in the straight time hourly labor cost under the IUEC contract on 01/01/2016 which was 89.260 . The phrase “straight time hourly labor cost” means the sum of the straight time hourly labor rate plus the hourly cost of fringe benefits paid to elevator examiners in the locality where the equipment is to be maintained. TERM The Commencement Date will be 01/01/2016. The Term of this Contract unless modified under the extended term below, will be for three (3) years beginning on the Commencement Date. The Contract will automatically be renewed on the third anniversary of the Commencement Date for an additional thirty (30) days unless terminated by either party by giving written notice to the other party at least ninety (90) days, but no more than 120 days prior to the end of the current three (3) year term. Thereafter, the Term of the Contract may be terminated by either party by giving written notice to the other party of at least thirty (30) days. In the event that you sell the building or your interest is terminated prior to the expiration of the Contract, you agree to assign the Contract to the new owner or successor and to cause the new owner to assume your obligations under this agreement. If the new owner or successor fails to assume your obligations under the Contract, then you agree to pay to Otis all sums due for the unexpired Term. PAYMENTS Beginning on the Effective Date, payments will be due and payable on or before the first day of the contract year in which services are rendered beginning on the Commencement Date. The method of payment will be by check. The work shall be performed for the agreed price plus any applicable sales, excise or similar taxes as required by law. In addition to the agreed price, you shall pay to us any future applicable tax imposed on us, our suppliers or you in connection with the performance of the work described. You agree to pay a late charge from the date such sums become due of one and one-half percent (1.5%) per month, or the highest legally permitted rate, whichever is less, on any balance past due for more than thirty (30) days, together with all costs (including, but not limited to, attorneys’ fees) incurred by us to collect overdue amounts. Failure to pay any sum due by you within sixty (60) days will be a material breach. We may at our option declare all sums due or to become due for the unexpired term immediately due and payable as liquidated damages, and until the same are paid be discharged from further obligations under the contract. 59 of 321 © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LiNX Form MNT-OM (01/30/13) Proposal#: AF9728 Page 9 of 10 OTIS MAINTENANCE ACCEPTANCE This proposal, when accepted by you below and approved by our authorized representative, will constitute the entire and exclusive contract between us for the services to be provided and your authorization to perform as outlined herein. All prior or contemporaneous oral or written representations or agreements not incorporated herein will be superseded. Any purchase order issued by you in connection with the services to be provided will be deemed to be issued for your administrative or billing identification purposes only, and the parties hereto intend that the terms and conditions contained herein will exclusively govern the services to be provided. We do not give up rights under any existing contract until this proposal is fully executed. This Contract may not be changed, modified, revised or amended unless in writing signed by you and an authorized representative of Otis. Further, any manual changes to this form will not be effective as to Otis unless initialed in the margin by an authorized representative of Otis. THIS QUOTATION is valid for ninety (90) days from the proposal date. Submitted by: Nora Gross Title:Account Manager E-mail: Nora.Gross@otis.com Accepted in Duplicate CUSTOMER Approved by Authorized Representative Otis Elevator Company Approved by Authorized Representative Date:Date: Signed:Signed: Print Name:-Print Name:Micki Nottke Title -Title Branch Sales Manager E-mail:- Name of Company - □ Principal, Owner or Authorized Representative of Principal or Owner □ Agent: ______________________________________ (Name of Principal or Owner) 60 of 321 © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LiNX Form MNT-OM (01/30/13) Proposal#: AF9728 Page 10 of 10 OTIS MAINTENANCE BILL TO INFORMATION Company Name: Address: Address 2: City: State: Zip Code: ACCOUNTS PAYABLE CONTACT Name: Phone Number: Fax Number: E-mail: TAX STATUS Are you tax exempt? Yes No If yes, please provide tax exempt certificate Do you require a Purchase Order be listed on your invoices? Yes No If yes, please provide contact info for PO renewal: Name: Fax: Phone: E-Mail: Would you like Otis to automatically debit your bank account for your maintenance invoices? Yes No If yes, please provide blank check for bank routing and account information. 61 of 321 For City Council meeting of April 25, 2016 Item A3.3 Business of the City by Motion: Renewal with Global Emergency Products For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Erika Storlie, Manager Administrative Services Rickey A. Voss, Manager Fleet/Parking Subject: Approval of a One-Year Contract Renewal for Testing, Repair & Certification of Fire Apparatus and Aerial Devices Date: April 8, 2016 Recommended Action: Staff recommends City Council approval of a one year contract renewal (RFP 15-30) to Global Emergency Products located at 1401 N. Farnsworth Avenue, Aurora, Illinois 60505 in the amount of $72,300.00, to provide the required annual inspections and repairs for heavy fire apparatus vehicles assigned to Evanston Fire Department. Funding Source: FY2016 Budget 600.19.7710.65060 $1,050,000.00 FY2016 Request $72,300.00 Summary: RFP 15-30 was originally created on March 26, 2015, and received City Council Approval on May 11, 2015. The contract approval contains provisions for three (3) 1- year extensions in each successive fiscal year; 2016, 2017 & 2018. The original contract effective date is May 11, 2015. The extension is to cover the period of May 1, 2016 through April 30, 2017. Legislative History: http://www.cityofevanston.org/assets/CC%20Actions%205.11.15%20FINAL.pdf Attachment: RFP 15-30 signed document Memorandum 62 of 321 63 of 321 64 of 321 65 of 321 66 of 321 67 of 321 68 of 321 69 of 321 70 of 321 71 of 321 72 of 321 73 of 321 74 of 321 75 of 321 76 of 321 77 of 321 78 of 321 79 of 321 80 of 321 81 of 321 82 of 321 83 of 321 84 of 321 85 of 321 86 of 321 87 of 321 88 of 321 89 of 321 90 of 321 91 of 321 92 of 321 93 of 321 94 of 321 95 of 321 96 of 321 97 of 321 98 of 321 99 of 321 100 of 321 101 of 321 102 of 321 103 of 321 104 of 321 105 of 321 106 of 321 107 of 321 For the City Council Meeting of May 10, 2010 Item # For City Council Meeting of April 25, 2016 Item A3.4 Business of the City by Motion: Replacement Vehicle Purchase 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 Dave Stoneback, Director of the Public Works Agency Rickey A. Voss, Parking/Fleet Manager Subject: One Replacement Vehicle Purchase Date: April 11, 2016 Recommended Action: Staff recommends City Council approval for the purchase of one (1) replacement vehicle/unit for the Public Works Agency from Rush Truck Center of Northern Illinois (4655 S. Central Avenue, Chicago, IL 60638-1547) in the amount of $163,450. Funding Source: Funding: FY2016 Automotive Equipment Replacement 601.19.7780.65550 FY2016 Budget: $1,455,422.00 The proposed expenditure represents 11.2% of this budgeted amount. Summary: The details of the vehicle/unit to be replaced are listed below: Division/Department Unit # Description Model Year Condition Original Purchase Price L.T.D. Repair $$’s PWA – Bureau of Infrastructure/ Maintenance 921 Ford LTS 8000 1996 Poor $88,384 $115,031 Memorandum 108 of 321 The recommended replacement unit purchases are as follows: Division Unit # Replacement Description Model Year Purchase Price Type of Bid or Quote Vendor PWA - Bureau of Infrastructure/ Maintenance 921 I.H.7400 (SF625) with Crane 2017 $163,450 State Bid # PSD 4018132 Rush Truck Centers The vehicle listed for replacement supports daily operations of the Public Works Agency, Water Division. The replacement of the one (1) vehicle is crucial for safe, reliable, and cost effective operations on a daily basis. The International Harvester (# 921) will be capable of operating on B-20 bio-diesel fuel and is equipped with “exhaust gas recirculation” (EGR) systems which emit only harmless water vapors with no particulate matter. This is the latest available vehicle emission technology in the market place at this point in time. The vehicle ordered will be equipped with a coated mild steel 16’ rigid dump body and an IMT 15/105 Articulated Figure-Four Material Handling Crane. The crane will be utilized to load cargo to include large steel plates to be transported to various sites throughout the city. The International Harvester 7400 (SF525) purchase will be from Rush Truck Centers formerly (Prairie Archway International). They are the State Bid winner for this type of vehicle. There are no Evanston Based Businesses that can provide these types of vehicles. Attachments Specifications for one (1) replacement vehicle purchase 109 of 321 Prepared For:Presented By: CITY OF EVANSTON RICKY VOSS 2020 Asbury Ave. Evanston, IL 60201-2620 (847)866 - 2904 Reference ID: TANDEM #2 RUSH TRK CTR OF N IL David R Mueller 4655 S CENTRAL AVE. CHICAGO IL 606381547 708-496-7500 Model Profile 2017 7400 SBA 6X4 (SF625) MISSION:Requested GVWR: 58000. Calc. GVWR: 58000 DIMENSION:Wheelbase: 262.00, CA: 194.90, Axle to Frame: 75.00 ENGINE, DIESEL:{Navistar N10} EPA 2010, SCR, 310 HP @ 2000 RPM, 1050 lb-ft Torque @ 1200 RPM, 2200 RPM Governed Speed, 310 Peak HP (Max) TRANSMISSION, AUTOMATIC:{Allison 3000_RDS_P} 5th Generation Controls; Close Ratio, 6-Speed, With Double Overdrive; On/Off Hwy; Includes Oil Level Sensor, With PTO Provision, Less Retarder, With 80,000-lb GVW & GCW Max. CLUTCH:Omit Item (Clutch & Control) AXLE, FRONT NON-DRIVING:{Meritor MFS-18-133A} Wide Track, I-Beam Type, 18,000-lb Capacity AXLE, REAR, TANDEM:{Meritor MT-40-14X-4DFR} Single Reduction, 0.433"(11mm) Wall Housing Thickness, 40,000-lb Capacity, R Wheel Ends Gear Ratio: 6.14 CAB:Conventional TIRE, FRONT:(2) 315/80R22.5 G289 WHA (GOODYEAR) 484 rev/mile, load range L, 20 ply TIRE, REAR:(8) 11R22.5 G622 RSD (GOODYEAR) 497 rev/mile, load range G, 14 ply SUSPENSION, REAR, TANDEM:{Hendrickson HMX-400-52} Walking Beam Type 52" Axle Spacing; 40,000-lb Capacity, With Rubber End Bushings, Transverse Torque Rods, Less Shock Absorbers FRAME REINFORCEMENT:Outer "C" Channel, Heat Treated Alloy Steel (120,000 PSI Yield); 10.813" x 3.892" x 0.312"; (274.6mm x 98.9mm x 8.0mm); 480.0" (12192mm) Maximum OAL PAINT:Cab schematic 100GN Location 1: 9219, Winter White (Std) Chassis schematic N/A March 22, 2016 1 Proposal: 13417-01110 of 321 Description Base Chassis, Model 7400 SBA 6X4 with 262.00 Wheelbase, 194.90 CA, and 75.00 Axle to Frame. FRAME RAILS Heat Treated Alloy Steel (120,000 PSI Yield); 10.125" x 3.580" x 0.312" (257.2mm x 90.9mm x 8.0mm); 480.0" (12192) Maximum OAL FRAME REINFORCEMENT Outer "C" Channel, Heat Treated Alloy Steel (120,000 PSI Yield); 10.813" x 3.892" x 0.312"; (274.6mm x 98.9mm x 8.0mm); 480.0" (12192mm) Maximum OAL BUMPER, FRONT Steel, Swept Back WHEELBASE RANGE 221" (560cm) Through and Including 262" (665cm) AXLE, FRONT NON-DRIVING {Meritor MFS-18-133A} Wide Track, I-Beam Type, 18,000-lb Capacity SHOCK ABSORBERS, FRONT SPRINGS, FRONT AUXILIARY Rubber SUSPENSION, FRONT, SPRING Multileaf, Shackle Type; 18,000-lb Capacity; Less Shock Absorbers BRAKE SYSTEM, AIR Dual System for Straight Truck Applications BRAKES, FRONT, AIR CAM 16.5" x 6", Includes 24 SqIn Long Stroke Brake Chambers DRAIN VALVE {Bendix DV-2} Automatic; With Heater; for Air Tank AIR BRAKE ABS {Bendix AntiLock Brake System} Full Vehicle Wheel Control System (4-Channel) AIR DRYER {Bendix AD-IP} With Heater BRAKE CHAMBERS, REAR AXLE {Bendix EverSure} 30/30 Spring Brake BRAKE CHAMBERS, FRONT AXLE {Bendix} 24 SqIn SLACK ADJUSTERS, FRONT {Haldex} Automatic SLACK ADJUSTERS, REAR {Haldex} Automatic BRAKES, REAR, AIR CAM S-Cam; 16.5" x 7.0"; Includes 30/30 Sq.In. Long Stroke Brake Chamber and Spring Actuated Parking Brake AIR COMPRESSOR {Bendix Tu-Flo 550} 13.2 CFM Capacity AIR TANK LOCATION (2) : One Mounted Under Each Frame Rail, Front of Rear Suspension, Parallel to Rail STEERING COLUMN Tilting and Telescoping STEERING WHEEL 2-Spoke, 18" Diam., Black STEERING GEAR (2) {Sheppard M-100/M-80} Dual Power DRIVESHAFT SYSTEM {Dana Spicer} SPL170XL with SPL170XL Inneraxle Shaft in lieu of 1710 Driveshaft with 1710 Inneraxle Shaft EXHAUST SYSTEM Switchback Horizontal Aftertreatment Device, Frame Mounted Right Side Under Cab; Includes Single Vertical Tail Pipe, Frame Mounted Right Side Back of Cab MUFFLER/TAIL PIPE GUARD (1) Bright Stainless Steel ELECTRICAL SYSTEM 12-Volt, Standard Equipment CIGAR LIGHTER Includes Ash Cup ALTERNATOR {Bosch LH160} Brush Type, 12 Volt 160 Amp. Capacity, Pad Mount BODY BUILDER WIRING Back of Standard Cab at Left Frame or Under Extended or Crew Cab at Left Frame; Includes Sealed Connectors for Tail/Amber Turn/Marker/ Backup/Accessory Power/Ground and Sealed Connector for Stop/Turn BATTERY SYSTEM {International} Maintenance-Free, (3) 12-Volt 1950CCA Total Vehicle Specifications March 22, 2016 2017 7400 SBA 6X4 (SF625) 2 Proposal: 13417-01111 of 321 Description RADIO AM/FM/WB/Clock/Bluetooth/USB Input/3MM Auxiliary Input, MP3, Apple Device Play & Control, Bluetooth for Phone & Music, with Multiple Speakers HORN, ELECTRIC Disc Style HORN, AIR Black, Single Trumpet, Air Solenoid Operated WINDSHIELD WIPER SPD CONTROL Force Wipers to Slowest Intermittent Speed When Park Brake Set and Wipers Left on for a Predetermined Time BATTERY BOX Steel, With Fiberglass Cover, Mounted 53" Back of Cab, Left Side Perpendicular to Frame Rail CLEARANCE/MARKER LIGHTS (5) {Truck Lite} Amber LED Lights, Flush Mounted on Cab or Sunshade TEST EXTERIOR LIGHTS Pre-Trip Inspection will Cycle all Exterior Lamps Except Back-up Lights HEADLIGHTS ON W/WIPERS Headlights Will Automatically Turn on if Windshield Wipers are turned on STARTING MOTOR {Delco Remy 39MT} 12 Volt; Gear Reduced, With Thermal Over-Crank Protection INDICATOR, LOW COOLANT LEVEL With Audible Alarm ALARM, PARKING BRAKE Electric Horn Sounds in Repetitive Manner When Vehicle Park Brake is "NOT" Set, With Ignition "OFF" and any Door Opened CIRCUIT BREAKERS Manual-Reset (Main Panel) SAE Type III With Trip Indicators, Replaces All Fuses Except For 5-Amp Fuses SWITCH, AUXILIARY Switch 40 amp Circuit for Customer Use; Includes Wiring Connection at PDC and Control in Cab TURN SIGNALS, FRONT LED, Includes LED Side Marker Lights, Mounted on Fender FENDER EXTENSIONS Rubber INSULATION, UNDER HOOD for Sound Abatement GRILLE Stationary, Chrome INSULATION, SPLASH PANELS for Sound Abatement FRONT END Tilting, Fiberglass, With Three Piece Construction; for 2007 & 2010 Emissions PAINT SCHEMATIC, PT-1 Single Color, Design 100 PAINT TYPE Base Coat/Clear Coat, 1-2 Tone PROMOTIONAL PACKAGE Government and Municipal Silver Package; Two Year Limited Subscription of On-Command Service Information (Formerly Fleet ISIS), and On-Command Parts Information (Formerly Fleet Parts Catalog), Requires Specific Feature Combinations CLUTCH Omit Item (Clutch & Control) ENGINE, DIESEL {Navistar N10} EPA 2010, SCR, 310 HP @ 2000 RPM, 1050 lb-ft Torque @ 1200 RPM, 2200 RPM Governed Speed, 310 Peak HP (Max) FAN DRIVE {Horton Drivemaster Polar Extreme} Direct Drive Type, Two Speed, With Residual Torque Device for Disengaged Fan Speed RADIATOR Aluminum, Cross Flow, Series System; 1228 SqIn Core and 648 SqIn Charge Air Cooler FEDERAL EMISSIONS {Navistar N9 & N10} EPA, OBD and GHG Certified for Calendar Year 2016 AIR CLEANER Dual Element, with Integral Snow Valve and In-Cab Control THROTTLE, HAND CONTROL Engine Speed Control; Electronic, Stationary, Variable Speed; Mounted on Steering Wheel ENGINE CONTROL, REMOTE MOUNTED Provision for; Includes Wiring for Body Builder Installation of PTO Controls; With Ignition Switch Control for MaxxForce and Navistar post 2007 Emissions Electronic Engines Vehicle Specifications March 22, 2016 2017 7400 SBA 6X4 (SF625) 3 Proposal: 13417-01112 of 321 Description BLOCK HEATER, ENGINE {Phillips} 120 Volt/1250 Watt; With "Y" Cord From Socket in Standard Location, For a Dealer Installed Oil Pan Heater, With Extended Life Coated Metal/Plastic/Metal Material Oil Pan EMISSION COMPLIANCE Federal, Does Not Comply With California Clean Air Idle Regulations TRANSMISSION, AUTOMATIC {Allison 3000_RDS_P} 5th Generation Controls; Close Ratio, 6-Speed, With Double Overdrive; On/Off Hwy; Includes Oil Level Sensor, With PTO Provision, Less Retarder, With 80,000-lb GVW & GCW Max. OIL COOLER, AUTO TRANSMISSION {Modine} Water to Oil Type TRANSMISSION DIPSTICK Relocated to Right Side of Transmission TRANSMISSION OIL Synthetic; 29 thru 42 Pints ALLISON SPARE INPUT/OUTPUT for Rugged Duty Series (RDS); General Purpose Trucks, Construction TRANSMISSION SHIFT CONTROL {Allison} Bump Shifter Type; for Allison 3000 & 4000 Transmission TRANSMISSION TCM LOCATION Located Inside Cab SHIFT CONTROL PARAMETERS Allison 3000 or 4000 Series Transmissions, 5th Generation Controls, Performance Programming AXLE, REAR, TANDEM {Meritor MT-40-14X-4DFR} Single Reduction, 0.433"(11mm) Wall Housing Thickness, 40,000-lb Capacity, R Wheel Ends . Gear Ratio: 6.14 SUSPENSION, REAR, TANDEM {Hendrickson HMX-400-52} Walking Beam Type 52" Axle Spacing; 40,000-lb Capacity, With Rubber End Bushings, Transverse Torque Rods, Less Shock Absorbers SHOCK ABSORBERS, REAR (4) for Hendrickson HMX Suspension Only, Mounted from Frame to Beam DEF TANK 9.5 U.S. Gal. 36.0L Capacity, Frame Mounted Outside Left Rail, Under Cab FUEL/WATER SEPARATOR with Thermostatic Fuel Temperature Controlled Electric Heater, and Filter Restriction/Change Indicator, Includes Standard Equipment Water-in-Fuel Sensor FUEL TANK Top Draw; Non-Polished Aluminum, 26" Diam., 70 U.S. Gal., 265 L Capacity Mounted Left Side, Under Cab CAB Conventional GAUGE CLUSTER English With English Electronic Speedometer GAUGE, TEMPERATURE, AMBIENT Sensor Wiring with Display Unit Mounted in Cluster GAUGE, OIL TEMP, AUTO TRANS , for Allison Transmission GAUGE, AIR CLEANER RESTRICTION {Filter-Minder} With Black Bezel Mounted in Instrument Panel IP CLUSTER DISPLAY On Board Diagnostics Display of Fault Codes in Gauge Cluster SEAT, DRIVER {National 2000} Air Suspension, High Back With Integral Headrest, Vinyl, Isolator, 1 Chamber Lumbar, With 2 Position Front Cushion Adjust, -3 to +14 Degree Angle Back Adjust GRAB HANDLE Chrome; Towel Bar Type With Anti-Slip Rubber Inserts; for Cab Entry Mounted Left Side Only at "B" Pillar SEAT, PASSENGER {National} Non Suspension, High Back, Fixed Back, Integral Headrest, Vinyl MIRRORS (2) {Lang Mekra} Rectangular, Thermostatically Controlled Heated Heads, Bright Finish Heads, with Black Brackets and Arms, Breakaway Type, 7.55" x 14.1" Integral Convex Both Sides, 102" Inside Spacing, ARM REST, RIGHT, DRIVER SEAT AIR CONDITIONER {Blend-Air} With Integral Heater & Defroster INSTRUMENT PANEL Center Section, Flat Panel WINDOW, POWER (2) and Power Door Locks, Left and Right Doors, Includes Express Down Feature HVAC FRESH AIR FILTER Vehicle Specifications March 22, 2016 2017 7400 SBA 6X4 (SF625) 4 Proposal: 13417-01113 of 321 Description STORAGE POCKET, DOOR Molded Plastic, Full Width; Mounted on Passenger Door FRESH AIR FILTER Attached to Air Intake Cover on Cowl Tray in Front of Windshield Under Hood CAB INTERIOR TRIM Deluxe CAB REAR SUSPENSION Air Bag Type WHEELS, FRONT DISC; 22.5"x9.00" Rims, Painted Steel, 5-Hand Hole, 10-Stud, 285.75mm BC, Hub-Piloted, Flanged Nut, with .5" Thick Disc, Non-Standard Offset and Steel Hubs WHEELS, REAR DUAL DISC; 22.5"x8.25" Rims, Painted Steel, 2-Hand Hole, 10-Stud, 285.75mm BC, Hub-Piloted, Flanged Nut, with . 472" Thick Increased Capacity Disc and With Steel Hubs PAINT IDENTITY, FRONT WHEELS Disc Front Wheels; With Vendor Applied White Powder Coat Paint PAINT IDENTITY, REAR WHEELS Disc Rear Wheels; With Vendor Applied White Powder Coat Paint WHEEL GUARDS, REAR {Accuride} for Metric Hub Piloted Wheels with Flanged Mounting Nuts, Mounted Between Hub & Wheel and Between Dual Wheels BDY INTG, PTO ACCOMMODATION for (3) Latched Rocker Switches, (1) PTO Switch, (2) Generic Switches to Control (3) 30 amp relays, With Programmable Interlocks, for Body Builder Hook up in the Engine Compartment Left Side, Recommended for Automatic Transmissions (8) TIRE, REAR 11R22.5 G622 RSD (GOODYEAR) 497 rev/mile, load range G, 14 ply (2) TIRE, FRONT 315/80R22.5 G289 WHA (GOODYEAR) 484 rev/mile, load range L, 20 ply Cab schematic 100GN Location 1: 9219, Winter White (Std) Chassis schematic N/A Services Section: WARRANTY Standard for WorkStar 7300/7400 (4x2, 4x4, 6x4, 6x6), Effective with Vehicles Built January 2, 2015 or Later, CTS-2002U MONROE TRUCK EQUIPMENT QUOTE # 9TRR001001 DATED 3/15/2016 Vehicle Specifications March 22, 2016 2017 7400 SBA 6X4 (SF625) 5 Proposal: 13417-01114 of 321 (US DOLLAR) Description Price Net Sales Price: $163,450.00 ABOVE FIGURE IS FOR COMPLETE CRANE UNIT w/ 16 FOOT BODY ABOVE FIGURE INCLUDES TITLE & LICENSE PLATE FEES THE WHEELBASE HAS BEEN LENGTHENED TO ACCOMMODATE A CRANE & 16 BODY OPTIONS ASSOCIATED WITH THE SNOW PLOW CHASSIS HAVE BEEN REMOVED. OPTIONS TO PROVIDE 49 INCHES OF CLEAR FRAME ( directly behind the cab ) HAVE BEEN ADDED PRICING IS BASED ON HAVING AN ORDER SUBMITTED PRIOR TO MAY 1ST, 2016 Approved by Seller:Accepted by Purchaser: Official Title and Date Firm or Business Name Authorized Signature Authorized Signature and Date This proposal is not binding upon the seller without Seller's Authorized Signature Official Title and Date The TOPS FET calculation is an estimate for reference purposes only. The seller or retailer is responsible for calculating and reporting/paying appropriate FET to the IRS. Financial Summary March 22, 2016 2017 7400 SBA 6X4 (SF625) 6 Proposal: 13417-01115 of 321 For City Council meeting of April 25, 2016 Item A3.5 Business of the City by Motion: Construction Engineering & Surveying Services 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: Construction Engineering & Surveying Services Pre-Qualification (RFQ 16-21) Date: April 13, 2016 Recommended Action: Staff recommends City Council authorize the City Manager to approve the following four firms as pre-qualified and eligible to provide Construction Engineering & Surveying Services to the City of Evanston, in accordance with RFQ 16-21: Christopher B. Burke Engineering, Ltd (Rosemont, IL); Gewalt Hamilton Associates, Inc. (Vernon Hills, IL); Hampton, Lenzini and Renwick, Inc. (Elgin, IL); and Thomas Engineering Group (Lombard, IL). Background: The purpose of this Request for Qualifications is to pre-qualify firms to provide construction engineering services and surveying services for a two-year period from May 2016 – April 2018. This RFQ includes the option for a one-year extension of the prequalified firms with Council approval. In recent years, these services have been either provided by in-house staff or have been procured on a project-by-project basis. Historically, the need for construction engineering services increases significantly on various infrastructure projects during summer months. The level of staffing in the Bureau of Capital Planning is currently inadequate to provide required inspection on all the construction projects. In addition, the construction projects that receive federal funding have to follow the Illinois Department of Transportation (IDOT) guidelines for documentation, a level of effort that is difficult for in-house staff to complete as they often supervise more than one project. One example of this type of project is the Dodge Avenue Bike Lane project. This project will be under construction this summer and will require substantial additional paperwork to be completed because it is partially funded by federal funds. Topographic surveying is required for all projects designed with in-house staff. While the current staff has basic surveying skills, surveying technology changes rapidly and it Memorandum 116 of 321 would be very expensive for the City to invest in the latest Total Station equipment needed to design projects utilizing the State Plane Coordinate System (SPCS). The survey data collected electronically utilizing SPCS can be directly imported to the City’s Geographic Information System, saving staff time and improving the accuracy of the information stored about the City’s infrastructure. Historically, construction engineering and surveying have been procured for each individual project as needed. However, the timeline for procurement can be long and involves significant staff time. On the last several proposals to procure engineering services for transportation projects, the City received 7- 16 proposals. Each selection committee included a minimum 3-4 engineering staff and took approximately 3 months to complete. By sending proposals to a few highly qualified firms and soliciting pricing only, this process will be significantly streamlined. While staff anticipates contracting for 3-4 construction assignments and 2-3 surveying assignments per year, this prequalification is intended for projects that only include construction engineering for transportation improvements and/or surveying services. Most projects in which the City contracts for engineering services include planning and design in addition to construction. These will still go through the full procurement process and will not be sent only to the prequalified consultants. In all cases, the final approvals will still be brought to City Council and/or the City Manager for a recommendation to award. All projects awarded utilizing the prequalified list will still be evaluated for compliance with the City’s M/W/EBE program goals. Analysis: On February 11, 2016, the City issued Request for Qualifications to provide construction engineering & surveying services for various infrastructure projects. On March 8, 2016, proposals were received from 14 consulting firms: Consultant Address Accurate Group, Inc. 202 Schelter Road, Suite B200, Lincolnshire, IL APEX Consulting Services 111 E. Wacker Drive, Chicago, IL Ciorba Group 5507 N. Cumberland Ave, Suite 402, Chicago, IL Christopher B. Burke Engineering, Ltd. 9575 W. Higgins Road, Suite 600, Rosemont, IL Daniel Creaney Company 450 Skokie Boulevard, Suite 105, Northbrook, IL Dynasty Group, Inc. 205 W. Wacker Drive, Suite 1450, Chicago, IL ESI Consultants, Ltd. 1979 North Mill Street, Suite 100, Naperville, IL Gewalt Hamilton Associates, Inc. 625 Forest Edge Drive, Vernon Hills, IL Hampton, Lenzini and Renwick, Inc. (HLR) 380 Shepard Drive, Elgin IL HBK Engineering, LLC 921 W . Van Buren St., Suite 100, Chicago, IL Infrastructure Engineering, Inc. 33 West Monroe, Suite 1540, Chicago, IL James Anderson Company 820 North Shore Drive, Lake Bluff, IL Stanley Consultants, Inc. 8501 West Higgins Road, Suite 730, Chicago, IL Thomas Engineering Group, LLC 55 West 22nd Street, Suite 300, Lombard, IL 117 of 321 A selection committee consisting of the following members reviewed the qualifications statements and scored the firms for pre-qualification: • Lara Biggs – Bureau Chief Capital Planning & Engineering / City Engineer • Sat Nagar, P.E. – Senior Project Manager • Rajeev Dahal – Senior Transportation Engineer • Dan Manis, P.E. – Senior Project Manager • Linda Thomas – Purchasing Specialist The qualification submittals were rated and interviews were conducted with the top seven firms. Including information from the interviews, the final scoring of the firms is as follows: Firm Qualifications & Expertise (30%) Team Experience (20%) Organization and Completeness of Proposal (15%) Willingness to Execute Evanston's Pro. Services Agreement (10%) Experience in Implementing Sustainable & Multimodal Improvements (15%) M/W/EBE (10%) Total Score Christopher B. Burke 29 18 12 10 9 10 88 Thomas 29 18 14 10 9 8 88 Gewalt Hamilton Associates 28 17 13 10 11 9 87 HLR 27 17 13 10 8 10 86 ESI 23 16 14 10 9 10 82 Ciorba Group 24 17 11 10 9 10 81 Stanley 27 18 13 5 8 10 81 Infrastructure 21 15 11 10 9 10 76 Accurate Group 21 15 12 10 8 10 76 Dynasty Group 18 16 11 10 7 10 72 HBK 21 14 10 10 7 10 71 APEX Consulting 17 13 10 10 7 8 65 Daniel Creaney Company 16 14 9 5 10 7 60 James Anderson & Company 16 13 7 10 4 8 58 118 of 321 After reviewing the statements of qualifications and interviewing the top ranked firms, four firms were determined to be highly qualified to perform the required construction engineering and surveying services. These firms were selected because they had multiple well-qualified people on their teams, were fluent with the paperwork require by the Illinois Department of Transportation, and had a good understanding of how to provide survey data in the best form to be incorporated into AutoCAD and GIS. Staff is therefore recommending that the top four firms listed above be considered as pre- qualified to submit proposals for construction engineering and surveying services for the period from May 1, 2016 through April 30, 2018. When these services are needed, a cost proposal will be requested from each of the firms, staff will review the proposals obtained and recommend to City Council the award of the engineering services related to a specific project based on the cost and personnel assigned to each project. 119 of 321 For City Council meeting of April 25, 2016 Item A3.6 Business of the City by Motion: Construction Engineering Contract 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: Dodge Avenue Bike Lane Construction Engineering Services Contract (RFQ 16-21) Date: April 14, 2016 Action: Staff recommends City Council authorize the City Manager to execute an engineering services contract for the Dodge Avenue Bike Lane Construction Engineering (RFQ 16- 21) with HLR Inc. (380 Shepard Drive, Elgin, IL 60123) in the amount of $30,728.07. Funding Source: Funding will be provided from the Capital Improvement Program (CIP) General Obligation Bonds (Account 415.40.4116.65515 – 416514) in the amount of $30,728.07. This account has available funding in the amount of $29,143. The additional funding in the amount of $1,585 is available through the delay of the Church Street Bike Path project. Background: The Dodge Avenue Bike Lane Project was designed by in-house engineering staff. Because this project is partially funded with a CMAQ grant, the Illinois Department of Transportation (IDOT) advertised the project for bid. They recently awarded construction of the Dodge Avenue Bike Lane Project to Maintenance Coatings Co. (543 Woodbury Street, South Elgin, IL). However, the City is still responsible to provide construction engineering. The construction is expected to start in May 2016. Staff is coordinating with the contractor to finalize the project schedule. Because it is a federally funded project, there is a significant amount of paperwork involved in the oversight of the construction. This level of effort will be difficult to complete with the current in-house staff. Therefore, staff is recommending hiring a consultant to provide construction engineering services. Engineering services were not included in the grant award, so these services are fully funded by the City. Memorandum 120 of 321 Analysis: As part of the Request for Qualifications to prequalify consulting firms to provide construction engineering and surveying services (RFQ 16-21), staff requested cost proposals from the four firms considered to be highly qualified. The request for cost proposal required the identification of key personnel and the fee to accomplish the required scope outlined in the proposal. The cost proposals received are as follows: Consultant Address Cost Proposal HLR Inc. 380 Shepard Drive, Elgin, IL $30,728.07 Christopher B. Burke Engr 9575 Higgins Road, Suite 600, Rosemont, IL $42,056.40 Thomas Engineering Group 762 Shoreline Drive, Suite 200, Aurora, IL $42,375.80 Gewalt Hamilton Associates 625 Forest Edge Drive, Vernon Hills, IL $54,580.00 Staff is recommending award of the construction engineering services contract to HLR Inc, as they provided qualified staff and the lowest cost proposal. HLR is requesting a partial waiver for meeting the M/W/EBE goal based on the limited opportunity for sub consulting. A review of HLR’s compliance with the M/W/EBE program is attached. Attachments: M/W/EBE Compliance Memo, dated 04/25/2016 121 of 321 RFQ 16-21, Dodge Avenue Bike Lane Construction Engineering Services Contract, M/W/EBE Memo 04.25.2016 To: David Stoneback, Public Work Agency Director Lara Biggs, Bureau Chief – Capital Planning / City Engineer Sat Nagar, P.E., Senior Project Manager From: Tammi Turner, Purchasing Manager Subject: Dodge Avenue Bike Lane Construction Engineering Services Contract, RFQ 16-21 Date: April 25, 2016 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 Dodge Avenue Bike Lane Construction Engineering Services Contract, RFQ 16-21, HRL’s total base bid is $30,728.07, and they will receive 10% credit for compliance towards the initial M/W/EBE goal. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Millennia Professional Svs. 850 N. Main Street Morton, IL 61550 Engineering Consulting $3,081.21 10% X Total M/W/EBE $3,081.21 10% A request to waive the remaining 15% MWEBE participation goal has been submitted and 15% MWEBE waiver is granted. CC: Martin Lyons, Assistant City Manager/CFO Memorandum 122 of 321 For City Council meeting of April 25, 2016 Item A3.7 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: April 13, 2016 Recommended Action: Staff recommends the City Council authorize the City Manager to execute a one year single source contract for the purchase concrete and flow-able fill with Ozinga Ready Mix Concrete Inc. (2222 South Lumber Street, Chicago, IL) in the amount of $63,100. Funding Source: Funding for this purchase will be as follows: Fund Account FY 2016 Budget Contract Amount General 100.40.4510.65055 $132,500 $47,900 Water 510.40.4540.65051 $ 27,600 $ 7,600 Sewer 515.40.4530.65051 $ 10,000 $ 7,600 Total $63,100 Background: Prior to 2011, City staff had 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 the City Council. The contract at that time allowed for up to four additional years of extension 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. 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.” Unfortunately, the bid submitted by Ozinga was found to be incomplete and non-compliant due to an error in Ozinga’s office. Memorandum 123 of 321 Analysis: Upon request by City staff, Ozinga has submitted a new quotation for the 2016 construction season. Their quote tab is as follows: Item Description Estimated Quantity Unit Price Extended Price 1 Concrete 350 cu yd $116.00 $40,600.00 2 Concrete, High Early Strength 150 cu yd $132.00 $19,800.00 3 Flowable Fill 25 cu yd $108.00 $ 2,700.00 Total $63,100.00 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 $153.00/cu yd. This compares favorably to Ozinga quote of $116.00 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 in is the City’s best interest for the following reasons: • Favorable pricing provided by Ozinga • Ozinga is a local Evanston Business • The environmental benefits of the concrete being provided from the closest available concrete plant Legislative History: In February of 2015 the City Council approved the final contract extension with Ozinga. Attachments: Ozinga Quote 124 of 321 A fuel surcharge will be effective when the price of diesel fuel exceeds $3.75 per gallon. Ask your salesman for details. $108.00 QUOTED BY: $9.00 $12.00 IL 1 01/01/2017 NOTES: 312-735-6842 PLEASE READ ALL CHARGES, DATES AND TERMS BELOW BILLROE@OZINGA.COM 03/22/2016 <7CY $20|<6CY $40|<5CY $80|<4CY $120|<3CY $160|<2CY $200 UOM UOM 2364 - 71-PCC 7.0 STATE 4000PSI TOTAL EST YARDS: $9.00 ATTENTION: QUOTE DATE: 3/31 ADDITIONAL PRODUCTS: 12/31/2017 $8.00 $3.00 $10.00 CY CY CY CY CY 12/31/2016 11/1 CITY: QTY QTY $132.00 $10.00 $25.00 65562959 $2.50 PROJECT: NONE PRICE($) PRICE($) $9.00 CY $10.00 2100 RIDGE AVE.ADDRESS: FLOWABLE FILL 4000 PSI MIX USAGE JOB PO: EVANSTON AREA PRICING 2016 CY CUSTOMER: CY CY SALES PHONE: $116.00 BILLROE MIXES CITY OF EVANSTON SALES E-MAIL: STATE: ENVIRONMENTAL CHARGE: 125 of 321 For City Council meeting of April 25, 2016 Item A3.8 Business of the City by Motion: Church Street South Pier Reconstruction 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 Subject: Church Street South Pier Reconstruction Date: April 25, 2016 Action: Staff recommends City Council authorize the City Manager to execute a contract for the Church Street South Pier Reconstruction Project with SmithGroup JJR (35 E. Wacker, Suite 2200, Illinois, 60601), in the amount of $80,000.00. Funding Source: Funding will be provided from the Capital Improvement Program (CIP) General Obligation Bonds (Account 415.40.4116.62145 – 516002). This project was budgeted at $450,000 in FY 2016. Background Information: The Church Street Harbor, located along Evanston’s lakefront just east of Church Street, is used by season permit holders, Recreation Division programs, lakefront rescue operations, the US Coast Guard and Conservation Police for launch of trailered power boats, sailboats and personal watercraft from May to October. In early 2014 a Condition Assessment Report was prepared by Shabica and Associates for the facility which recommended: 1) reconstruction and extension of the existing concrete ramp, 2) elimination of steel decking on the catwalk and the addition of floating docks and 3) modification and/or reconstruction of the south breakwater. In September 2014 phase 1 consultants SmithGroup JJR provided an independent evaluation of the harbor. With regard to the south breakwater, SmithGroup JJR recommended reconstruction of that structure indicating that the breakwater’s foundation system is severely compromised. Currently the harbor is undergoing several phase 1 improvements including: extension and repair of the concrete ramp, installation of a new seasonal floating dock, safety modification of the existing central pier and temporary safety modification of the existing south breakwater. The intent of the phase 2 project will be to reconstruct the south pier to permanently address the identified deficiencies of that structure. Memorandum 126 of 321 Analysis: On February 11, 2016 the City issued a Request for Proposal for consultant services to design a repair solution to reconstruct the south pier. On March 8, 2016, proposals were received from the following two consulting engineering firms: Consultant Address Proposal Cost SmithGroup JJR 35 E. Wacker, Suite 2200, Chicago, Illinois 60601 $80,000.00 AECOM Technical Services, Inc. 303 E. Wacker Drive, Suite 1400, Chicago, IL $99,184.56 A selection committee consisting of the following members reviewed the proposals and scored the firms for project selection: • Lara Biggs, Bureau Chief – Capital Planning / City Engineer • Bob Dorneker, Assistant Director – PRCS • Lawrence Hemingway, Director – PRCS • Dan Manis, Senior Project Manager • Linda Thomas, Purchasing Specialist A summary table of the scoring results is below: Consultant Firm Qualifications (10 pts) Project Manager and Team Quals (20 pts) Project Understanding (20 pts) Price (20 pts) Organization and Completeness of Proposal (10 pts) Willingness to Execute City Contract (10 pts) M/W/EBE Participation (10 pts) Total SmithGroup JJR 8 17 17 20 10 10 0 82 AECOM 9 16 19 15 9 0 10 78 Based on the scoring results, staff recommends award to SmithGroup JJR in the amount of $80,000.00. Staff has worked extensively in the past with SmithGroup JJR with highly successful outcomes. A breakdown of funding for this project is as follows: Account Summary Project Funding (detailed above) $450,000.00 Encumbrances / expenditures to date -$0.00 Recommended award -$80,000.00 Balance Remaining $370,000.00 A review of the project for compliance with the City’s M/W/EBE program goals is attached. 127 of 321 Legislative History: N/A Attachments: Memo on M/W/EBE Compliance, dated 04/25/2016 128 of 321 RFP 16-13, Church Street Harbor Renovations Phase 2, M/W/EBE Waiver 04.25.2016 To: David Stoneback, Director, Public Works Agency Lara Biggs, Bureau Chief – Capital Planning /City Engineer From: Tammi Turner, Purchasing Manager Subject: RFP 16-13, Church Street Harbor Renovations, Phase 2 Date: April 25, 2016 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, RFP 16-13, the Church Street Harbor Renovations, Phase 2 precludes subcontracting opportunities. Therefore, a waiver is granted. CC: Martin Lyons, Assistant City Manager/Chief Financial Officer Memorandum 129 of 321 For City Council meeting of April 25, 2016 Item A3.9 Business of the City by Motion: Contract for Crack Sealing Program For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director, Public Works Agency James Maiworm, Bureau Chief of Infrastructure Maintenance Subject: Contract Award for 2016 Crack Sealing Program Date: April 1, 2016 Recommended Action: Staff recommends City Council authorize the City Manager to execute a contract with Patriot Pavement Maintenance, (825 Segers RD Des Plaines Illinois 60016) in the amount of $70,000. Patriot Pavement Maintenance was the lowest responsive bidder for the 2016 Municipal Partnering Initiative Crack Sealing Contract. Funding Source: Funding for this work will be from the General Fund Street Maintenance Account (100.40.4510.62509) in the amount of $70,000. This account has $70,000 budgeted for maintenance contracts during Fiscal Year 2016. Summary: Seven years ago, the Public Works Agency implemented a crack sealing program designed to extend the life of recently resurfaced streets in Evanston. Crack sealing is performed three to five years after the street is resurfaced. Cracks develop on the street surface due to the weather conditions and the composite material pavement section. The cracks need to be sealed as they develop to prevent moisture and road salt from seeping into the base, which can lead to potholes and more serious road failures. The streets to be sealed each year are selected based on available funding, previous resurfacing year and road condition surveys conducted in the field by Public Works staff. As was successfully completed in past years, the City has partnered with other north shore and northwest suburban communities under the Municipal Partnership Initiative spearheaded by the Village of Arlington Heights to contract for crack sealing. As a result of the partnership, a bid was let on February 21, 2016 and Patriot Pavement Maintenance Inc. was found to be the lowest responsible bidder. The bid summary is shown below. Memorandum 130 of 321 Bid Summary: BIDDER Bid Bond Adden. #1 Crack Sealant 1 year Crack Sealant 2 year Crack Sealant 3 year Behm Pavement Crystal Lake, IL Yes Yes $1.269 $1.269 $1.269 Denler Inc. Mokena, IL Yes Yes $1.245 $1.29 $1.325 Patriot Pavement Des Plaines, IL Yes Yes $1.17 $1.17 $1.19 SKC Construction West Dundee, IL Yes Yes $1.31 $1.35 $1.39 As a result of the bid, Staff recommends award to Patriot Pavement Maintenance at a price of $1.17 per pound. The City paid $1.66 per pound in 2010 when it last sought bids without participating in the Municipal Partnership Initiative. An evaluation of street condition has been completed and the preliminary list of streets to be crack sealed as a part of the 2016 program is shown below. Additional streets from the secondary list may be added as funding allows. Priority locations for crack sealing this year include: Street From To Isabella Green Bay Ewing Thayer Central Park Gross Point Pioneer Hartrey Colfax Hovland Ct. Church Emerson Emerson Dodge Asbury Ave. Maple Simpson Noyes Secondary locations are: Lake St Pitner Elmwood Dodge Ave Lake Dempster Oak St Lake Dempster Lee St Pitner McDaniel Ashland Main Lee South Blvd Chicago Arnold Pl 131 of 321 For City Council meeting of April 25, 2016 Item A3.10 Business of the City by Motion: Contract Extension for Condo Refuse Collection 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 Kevin Johnson, Public Works Agency Supervisor Subject: Contract Extension for Condo Refuse Collection Date: April 15, 2016 Recommended Action: Staff recommends City Council authorize the City Manager to notify Lakeshore Recycling Systems, Inc. (6132 W. Oakton Street, Morton Grove, IL 60053) that the City will extend the current Solid Waste Services Agreement between the two parties for an additional one-year period, or until October 31, 2017. Funding Source: Funding for this work will be from the Solid Waste Fund, Condo Refuse Collection Account (520.40.4310.62390). This account has a 2016 budget amount of $418,000. Background: Evanston entered into an agreement with Lakeshore to provide twice weekly dumpster service to all condo buildings that qualify for the City’s Condo Program in 2010. That agreement was set to expire on October 31, 2015. On August 17, 2015, Council authorized the City Manager to execute a three year contract extension with Lakeshore. The extension established a rate of $6.30 per unit per month for the first year of the renewal, or from November 1, 2015 until October 31, 2016. The extension indicates that the agreement will be renewed a second additional one-year period unless the City provides a written termination notice by May 1, 2016. If a termination notice is not provided Lakeshore is to continue the service for a rate of $6.49 per unit per month effective November 1, 2016 until October 31, 2017. Analysis: The renewal of the second-year of the extension is in the City’s sole discretion. Lakeshore is providing excellent service and the City has received only a few calls regarding the work performed by Lakeshore. These calls occurred over the winter and were generated because Lakeshore was starting the collection prior to 7:00 AM. Lakeshore’s management was made aware of this, and the City has not received any Memorandum 132 of 321 calls since. Based on this, staff is recommending that the second-year of the extension be granted. Staff is also recommending a modification to the City Code to increase the fee structure for the collection and disposal of refuse at condo units to coincide with the increased rate from Lakeshore (A12 - Ordinance 43-O-16). Legislative History: Council approved the 3-year extension with Lakeshore on August 17, 2015 133 of 321 For City Council meeting of April 25, 2016 Item A3.11 Business of the City by Motion: 48-Inch Intake Change Order No. 2 For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Lara Biggs, Superintendent of Construction & Field Services Subject: Engineering Services for the Evanston Water Utility 48-inch Diameter Intake Improvements (RFP 12-113) – Change Order No. 2 Date: April 19, 2016 Recommended Action: Staff recommends City Council authorize the City Manager to execute Change Order No. 2 to an agreement for Engineering Services for the Evanston Water Utility 48-inch Diameter Intake Improvements project (RFP 12-113) with Carollo Engineers, Inc. (1200 Shermer Road, Suite 214, Northbrook, IL) in the not-to-exceed amount of $3,892.00, increasing the contract amount from $160,658 to $164,550. This change order will also extend the contract completion date by 411 days, from March 31, 2015 to May 15, 2016. Funding Source: Funding in the amount of $3,892.00 will be from the W ater Fund, Capital Improvement Account 513.71.7330.62140 – 733074. There is not a specific allocation for this project in FY 2016, but funding is available in the budget for the Treated Water Storage Replacement project, which will not begin construction until 2017. Background: On January 14, 2013, City Council authorized a contract with Carollo Engineers to provide engineering services related to the Evanston Water Utility 48-inch Diameter Intake Improvements project. The scope of work includes engineering for the preliminary design, final design, and construction observation services. On January 13, 2014, City Council authorized Change Order No. 1, which increased the contract cost by $675 for additional design services, increasing the contract from $159,983 to $160,658. This change order also extended the project completion date by Memorandum 134 of 321 12 months, from March 31, 2014 to March 31, 2015, to accommodate delays in getting project approval from the Army Corps of Engineers. Analysis: This change order consists of two items: Item 1 – Additional Costs due to Contractor Time Extension – Because the installation contract was extended from an original completion date of April 12, 2015 to a final installation completion date of August 7, 2015, the engineering work involved extra reviews and oversight of the contractor’s work. The engineering cost for this item is $2,568. Item 2 – Corrosion Protection Review – On April 13, 2015, the City Council approved the addition of corrosion control in Change Order No. 3 to the installation contract. Implementation of this revised change took additional engineering review during the fabrication and installation. The engineering cost of this additional work is $1,324. Item 3 – Time Extension – In order to close out the contract, the engineering contract term needs to be extended by 411 days to match the contractor’s contract term. This will modify the final completion date from March 31, 2015 to May 15, 2016. The total increase for this change order is $3,892, increasing the total contract amount from 160,658 to $164,550. A summary of the project funding is as follows: Agreement – Engineering Services for 48-inch Diameter Intake Improvements (approved by City Council on January 14, 2013) $ 159,983.00 Change Order No. 1 – Additional design services and contract time extension (approved by City Council on January 13, 2014) $ 675.00 Change Order No. 2 – Additional costs due to contractor time extension and corrosion protection review. $ 3,892.00 Revised Agreement Amount $ 164,550.00 Legislative History: City Council approved original agreement on January 14, 2013 City Council approved Change Order No. 1 on January 13, 2014 Attachments: Proposed Change Order No. 2 135 of 321 CITY OF EVANSTON CHANGE ORDER Order No. 002 Date: April 19, 2016 Agreement Date: January 16, 2013 PROJECT: Engr Svcs for Evanston Water Utility 48” Dia Intake Impr (RFP 12-113) OWNER: City of Evanston ENGINEER: Carollo Engineers, Inc. The following changes are hereby made to the AGREEMENT: The scope will be increased to include engineering fees associated with contractor time extension and review of corrosion control protection proposals in the amount of $3,892. This change order also includes a time extension of 411 days, extending the final completion date from March 31, 2015 to May 15, 2016. Change to CONTRACT PRICE: $ 3,892.00 Original CONTRACT PRICE: $ 159,983.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDERS $ 160,658.00 Total change in CONTRACT PRICE for this CHANGE ORDER No. 002 $ 3,892.00 The CONTRACT PRICE including this CHANGE ORDER will be $ 164,550.00 Original COMPLETION DATE March 31, 2014 Current COMPLETION DATE adjusted by previous CHANGE ORDERS March 31, 2015 Total Change in CONTRACT TIME for this CHANGE ORDER 411 days The COMPLETION DATE including this CHANGE ORDER will be May 15, 2016 Approved by (Owner): City of Evanston Date Accepted by (Engineer): Carollo Engineers, Inc. Date 136 of 321 For City Council meeting of April 25, 2016 Item A3.12 Business of the City by Motion: 48-Inch Water Intake Change Order No. 4 For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Lara Biggs, Superintendent – Construction & Field Services Subject: Approval of Change Order No. 4 for 48-Inch Diameter Water Intake Improvements (Bid 14-04) Date: April 2, 2015 Recommended Action: Staff recommends City Council authorize the City Manager to execute Change Order No. 4 for the 48-Inch Diameter Intake Improvements (Bid 14-04) with Lake Erie Diving, Inc. (362 Blackbrook Road, Painesville, OH) in the amount of $69,161.52. This change order will increase the contract amount from $1,444,196 to $1,513,357.52. The contract time will be increased by 289 days from July 31, 2015 to May 15, 2016. Funding Source: An IEPA State Revolving Fund loan, in an amount up to $1,427,700.16, will fund construction of this project. This amount includes a contingency of up to 3% above the bid price of the project. Because of previous change orders with the contractor, this change order exceeds the loan contingency and will be funded directly by the Water Fund. Background: This contract includes the removal of the original chorine zebra mussel control system, installed in 1988, and the installation of a heating system on the 48-inch intake and new chlorine feed equipment for the mussel control system. The initial contract award to Lake Erie Diving in the amount of $1,388,272.00 was approved by City Council on February 24, 2014. Change Order No. 1 was authorized by the City Manager on September 29, 2014 in the amount of $14,850.00 to televise the entire length of the intake to accurately determine the existing conditions. Memorandum 137 of 321 On January 26, 2015, City Council authorized Change Order No. 2. This included a 110 day time extension to accommodate weather-related project delays. On April 13, 2015, City Council authorized Change Order No. 3 in the amount of $41,074. This change order modified the design of the intake cones to include additional corrosion protection. Analysis: The existing 48-inch diameter intake contained three small pipelines that were 2-inch to 3-inches in diameter used for transporting chlorine solution to the end of the intakes for zebra mussel control. The existing lines were weighted down by a steel chain to keep them from floating in the intake. Two of these lines had breaks in them, so they were removed and replaced as part of the intake project. During construction, it was determined that the chain was so badly corroded that it had lost all tensile strength and had even bonded to the side of the intake in some locations. This made it extremely challenging for the contractor to remove the existing chain and pipelines. It took many different trials, different pieces of equipment, and some specially fabricated guide pulleys for the contractor to find a successful solution. Even then, the pipeline/chain combination could only pulled out in very short segments, sometimes less than 20 feet. Since the length of the pipelines and chain were approximately 5,300 feet, it took substantially longer than expected to remove existing lines. The cost of the additional equipment and labor is $69,161.52. Change Order No. 3 modified the date of completion to July 31, 2015. Because of excessively rainy weather in spring and early summer of 2015, Lake Erie did not complete installation until mid-August 2015. The project will not be closed out until the final payment is made. Therefore, staff is recommending a completion date of May 15, 2016, although no further work is needed at this time to closeout the project. This is an extension of 289 days. The original loan amount of up to $1,578,976.73 covered most of the engineering and construction costs (a few items, such as spare parts, are considered ineligible by the IEPA and were not included). It also included a contingency of 3%. However, previous change orders for both the engineering and construction have used up this contingency. Therefore, this change order will be funded by the Water Fund. Description Lake Erie Diving (Contractor) Carollo (Engineer) Total Original Contract Amount $1,388,272.00 $159,983.00 $1,548,255.00 Change Orders $0,125,085.52 $0 4,567.00 $0,129,652.52 Final Contract Amount $1,513,357.52 $164,550.00 $1,677,907.52 Original IEPA Loan (incl. contingency) $1,427,700.16 Funded by Water Fund $ 250,207.36 138 of 321 The total change orders on this construction contract with Lake Erie Diving will be 9%. While this is higher than most City contracts, it is reasonable given the difficulty of working underwater in the intake coupled with a limited ability to determine the existing conditions prior to beginning construction. Therefore, staff is recommending approval of this final change order Legislative History: The City Council approved contract award to Lake Erie Diving on February 24, 2014. The City Manager authorized Change Order No. 1 on September 29, 2014. The City Council approved Change Order No. 2 on January 26, 2015. The City Council approved Change Order No. 3 on April 13, 2015 Attachments: Change Order No. 4 139 of 321 140 of 321 For City Council meeting of April 25, 2016 Item A4 Resolution 21-R-16, Central Street Bridge Engineering IDOT Funding 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: Illinois Department of Transportation Agency Agreement for the Central Street Bridge Phase I Project Date: April 14, 2016 Recommended Action: Staff recommends approval of Resolution 21-R-16 authorizing the City Manager to sign a Local Agency Agreement with the Illinois Department of Transportation (IDOT) for the Central Street Bridge Phase 1 Project. The Agreement establishes the maximum grant funding at 80% not to exceed $352,000. Funding Source: The negotiated final cost for Phase I Engineering Study is $438,100, of which $350,400 (80%) will be funded from a federal grant from the Surface Transportation Program – Bridge program (STP-BR) and $87,700 (20%) from the City’s Capital Improvement Program (CIP) General Obligation Bonds. A summary of the funding is as follows: Funding Source Account No. Budgeted Amount Contract Amount STP-BR 415.40.4216.62145 $350,000 $350,400 CIP – GO Bonds 415.40.4116.62145 $ 90,000 $ 87,700 Total $440,000 $438,100 The overall cost for engineering and construction of this project is estimated at $6,890,000. This agreement is only for the Phase I study and does not commit IDOT or the City to any future funding. If IDOT continues to fund subsequent phases, the City will be required to provide a minimum 20% matching funds for each phase. A summary of the estimated overall project cost is as follows: Memorandum 141 of 321 Project Phase Estimated Total Estimated STP-BR (80%) Estimated City Share (20%) Phase 1 Engineering $ 440,000 $ 352,000 $ 90,000 Phase 2 Engineering $ 400,000 $ 320,000 $ 80,000 Phase 3 Engineering $ 550,000 $ 440,000 $ 110,000 Construction $5,500,000 $4,400,000 $1,100,000 Total $6,980,000 $5,512,000 $1,380,000 Upon receipt of approval from IDOT of the Phase I Engineering study and IDOT authorization of funding for Phase II Engineering, staff will bring a recommendation to the City Council for the Phase II Engineering services. Attachments: Resolution 21-R-16 Local Public Agency Agreement for Federal Participation IDOT Funding Approval Letter, dated 7/27/15 142 of 321 3/22/2016 21-R-16 A RESOLUTION Authorizing the City Manager to Sign a Local Agency Agreement with the Illinois Department of Transportation for the Central Street Bridge Phase I Project WHEREAS, the City of Evanston and Illinois Department of Transportation (hereinafter “IDOT”), in the interest of improving the columns and overall structure of the Central Street Bridge, are desirous of rehabilitating and/or replacing the existing Bridge Street structure over the North Shore Channel, said improvement to be identified as State Section Number: 16-00278-00-BR, State Job Numbers: P/D/C-91-301-16, and Project Numbers: BRM-9003(758)/(759)/(760), hereinafter referred to as the “Project”; and WHEREAS, the parties hereto are desirous of said Project in that same will be of immediate benefit to the residents of the area and will be permanent in nature; and WHEREAS, the State of Illinois and the City of Evanston wish to avail themselves of federal funds committed to improve this Project; and WHEREAS, the City Council of the City of Evanston has determined it is in the best interests of the City to enter into the local agency with said parties; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized to sign and the City Clerk is hereby authorized to attest to the Local Agency Agreement for Federal Participation with the Illinois Department of Transportation, attached hereto as Exhibit A and incorporated herein by reference. 143 of 321 21-R-16 ~2~ SECTION 3: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the Local Agency Agreement as he may determine to be in the best interests of the City. SECTION 3: That this Resolution 21-R-16 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: __________________, 2016 144 of 321 21-R-16 ~3~ EXHIBIT A Local Agency Agreement Between the City of Evanston and the Illinois Department of Transportation 145 of 321 Printed 3/23/2016 Page 1 of 5 BLR 05310 (Rev. 09/03/15) Local Public Agency City of Evanston State Contract Day Labor Local Contract X RR Force Account Local Public Agency Agreement for Federal Participation Section 16-00278-00-BR Fund Type STP-Bridge ITEP, SRTS, or HSIP Number(s) Construction Engineering Right-of-Way Job Number Project Number Job Number Project Number Job Number Project Number P-91-301-16 BRM-9003(758) This Agreement is made and entered into between the above local public agency, hereinafter referred to as the “LPA”, and the State of Illinois, acting by and through its Department of Transportation, hereinafter referred to as “STATE”. The STATE and LPA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans prepared by, or on behalf of the LPA, approved by the STATE and the STATE’s policies and procedures approved and/or required by the Federal Highway Administration, hereinafter referred to as “FHWA”. Location Local Name Central Street Bridge Route 9-1301 Length 0.1 mile Termini Central Street Bridge over the North Shore Channel (Structure touch-down) Current Jurisdiction City of Evanston TIP Number 02-16-006 Existing Structure No 016-6951 Project Description Prepare necessary Phase I documents for the improvement of the bridge in accordance with the findings of the Bridge Condition Report. Division of Cost Type of Work STP-Br % % LPA % Total Participating Construction ( ) ( ) ( ) Non-Participating Construction ( ) ( ) ( ) Preliminary Engineering 350,400 ( * ) ( ) 87,700 ( BAL ) 438,100 Construction Engineering ( ) ( ) ( ) Right of Way ( ) ( ) ( ) Railroads ( ) ( ) ( ) Utilities ( ) ( ) ( ) Materials TOTAL $ 350,400 $ $ 87,700 $ 438,100 * Maximum FHWA (STP-Br) participation 80% not to exceed $352,000 NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LPA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above. Local Public Agency Appropriation By execution of this Agreement, the LPA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to fund the LPA share of project costs. A copy of the authorizing resolution or ordinance is attached as an addendum (required for State-let contracts only) Method of Financing (State Contract Work Only) METHOD A---Lump Sum (80% of LPA Obligation) METHOD B--- Monthly Payments of due by the of each successive month. METHOD C---LPA’s Share divided by estimated total cost multiplied by actual progress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) 146 of 321 Agreement Provisions THE LPA AGREES: (1) To acquire in its name, or in the name of the STATE if on the STATE highway system, all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established State policies and procedures. Prior to advertising for bids, the LPA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LPA, and the STATE and the FHWA, if required. (2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required. (5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and the FHWA, the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain, for a minimum of 3 years after final project close-out by the STATE, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department; and the LPA agrees to cooperate fully with any audit conducted by the Auditor General and the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. (8) To provide if required, for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement. (9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA. (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LPA will pay to the STATE within thirty (30) calendar days of billing, in lump sum, an amount equal to 80% of the LPA’s estimated obligation incurred under this Agreement. The LPA will pay to the STATE the remainder of the LPA’s obligation (including any nonparticipating costs) within thirty (30) calendar days of billing in a lump sum, upon completion of the project based on final costs. Method B - Monthly Payments. Upon award of the contract for this improvement, the LPA will pay to the STATE, a specified amount each month for an estimated period of months, or until 80% of the LPA’s estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LPA’s obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method C - Progress Payments. Upon receipt of the contractor’s first and subsequent progressive bills for this improvement, the LPA will pay to the STATE within thirty (30) calendar days of receipt, an amount equal to the LPA’s share of the construction cost divided by the estimated total cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid. Failure to remit the payment(s) in a timely manner as required under Methods A, B, or C, shall allow the STATE to internally offset, reduce, or deduct the arrearage from any payment or reimbursement due or about to become due and payable from the STATE to LPA on this or any other contract. The STATE, at its sole option, upon notice to the LPA, may place the debt into the Illinois Comptroller’s Offset System (15 ILCS 405/10.05) or take such other and further action as my be required to recover the debt. (11) (Local Contracts or Day Labor) To provide or cause to be provided all of the initial funding, equipment, labor, material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right-of-way acquisition for, or actual construction of, the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which the project is federally authorized, the LPA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the project is federally authorized, the LPA will repay the STATE any Federal Funds received under the terms of this Agreement. Printed 3/14/2016 Page 2 of 5 BLR 05310 (Rev. 09/03/15) 147 of 321 (14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield, Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission (ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT’s District Bureau of Operations. The LPA is responsible for the payment of the railroad related expenses in accordance with the LPA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer’s Payment Estimates shall be in accordance with the Division of Cost on page one. (15) And certifies to the best of its knowledge and belief its officials: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with commission of any of the offenses enumerated in item (b) of this certification; and (d) have not within a three-year period preceding the Agreement had one or more public transactions (Federal, State, local) terminated for cause or default. (16) To include the certifications, listed in item 15 above, and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LPA’s concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LPA’s certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions; (c) The LPA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) To complete this phase of the project within three (3) years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,000). (23) To comply with the federal Financial Integrity Review and Evaluation (FIRE) program, which requires States and subrecipients to justify continued federal funding on inactive projects. 23 CFR 630.106(a)(5) defines an inactive project as a project which no expenditures have been charged against Federal funds for the past twelve (12) months. To keep projects active, invoicing must occur a minimum of one time within any given twelve (12) month period. However, to ensure adequate processing time, the first invoice shall be submitted to the STATE within six (6) months of the federal authorization date. Subsequent invoices will be submitted in intervals not to exceed six (6) months. (24) The LPA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment, certified time sheets or summaries, vendor invoices, vendor receipts, cost plus fix fee invoice, progress report, and personnel and direct cost summaries.and other documentation supporting the requested reimbursement amount (Form BLRS 05621 should be used for consultant invoicing purposes). LPA invoice requests to the STATE will be submitted with sequential invoice numbers by project. Printed 3/14/2016 Page 3 of 5 BLR 05310 (Rev. 09/03/15) 148 of 321 The LPA will submit to the STATE a complete and detailed final invoice with applicable supporting documentation of all incurred costs, less previous payments, no later than twelve (12) months from the date of completion of this phase of the improvement or from the date of the previous invoice, which ever occurs first. If a final invoice is not received within this time frame, the most recent invoice may be considered the final invoice and the obligation of the funds closed. (25) The LPA shall provide the final report to the appropriate STATE district within twelve months of the physical completion date of the project so that the report may be audited and approved for payment. If the deadline cannot be met, a written explanation must be provided to the district prior to the end of the twelve months documenting the reason and the new anticipated date of completion. If the extended deadline is not met, this process must be repeated until the project is closed. Failure to follow this process may result in the immediate close-out of the project and loss of further funding. (26) (Single Audit Requirements) That if the LPA expends $750,000 or more a year in federal financial assistance they shall have an audit made in accordance with 2 CFR 200. LPAs expending less than $750,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE (Office of Finance and Administration, Audit Coordination Section, 2300 South Dirksen Parkway, Springfield, Illinois, 62764), within 30 days after the completion of the audit, but no later than one year after the end of the LPA’s fiscal year. The CFDA number for all highway planning and construction activities is 20.205. Federal funds utilized for constructon activities on projects let and awarded by the STATE (denoted by an “X” in the State Contract field at the top of page 1) are not included in a LPA’s calculation of federal funds expended by the LPA for Single Audit purposes. (27) That the LPA is required to register with the System for Award Management or SAM (formerly Central Contractor Registration (CCR)), which is a web-enabled government-wide application that collects, validates, stores, and disseminates business information about the federal government’s trading partners in support of the contract award and the electronic payment processes. To register or renew, please use the following website: https://www.sam.gov/portal/public/SAM/#1. The LPA is also required to obtain a Dun & Bradstreet (D&B) D-U-N-S Number. This is a unique nine digit number required to identify subrecipients of federal funding. A D-U-N-S number can be obtained at the following website: http://fedgov.dnb.com/webform. THE STATE AGREES: (1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LPA’s certification of compliance with Titles II and III requirements. (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LPA to proceed with the construction of the improvement when Agreed Unit Prices are approved, and to reimburse the LPA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engineer’s Payment Estimates in accordance with the Division of Cost on page one. (4) (Local Contracts) For agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction work: (a) To reimburse the LPA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LPA; (b) To provide independent assurance sampling, to furnish off-site material inspection and testing at sources normally visited by STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction and federal Buy America provisions. (2) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal-aid participation within one (1) year of the date of execution of this Agreement. (3) This Agreement shall be binding upon the parties, their successors and assigns. (4) For contracts awarded by the LPA, the LPA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT – assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LPA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT – assisted contracts. The LPA’s DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the STATE may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for Printed 3/14/2016 Page 4 of 5 BLR 05310 (Rev. 09/03/15) 149 of 321 enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31U.S.C. 3801 et seq.). In the absence of a USDOT – approved LPA DBE Program or on State awarded contracts, this Agreement shall be administered under the provisions of the STATE’s USDOT approved Disadvantaged Business Enterprise Program. (5) In cases where the STATE is reimbursing the LPA, obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (6) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of that Act exempt its application. ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1- Location Map, Number 2 – LPA Appropriation Resolution (Insert Addendum numbers and titles as applicable) The LPA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all Addenda indicated above. APPROVED APPROVED Local Public Agency State of Illinois Department of Transportation Name of Official (Print or Type Name) Randall S. Blankenhorn, Secretary Date By: Title (County Board Chairperson/Mayor/Village President/etc.) Aaron A. Weatherholt, Deputy Director of Highways Date Omer Osman, Director of Highways/Chief Engineer Date (Signature) Date The above signature certifies the agency’s TIN number is William M. Barnes, Chief Counsel Date 36-6005870 conducting business as a Governmental Entity. DUNS Number 074390907 Jeff Heck, Chief Fiscal Officer (CFO) Date NOTE: If the LPA signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required. Printed 3/14/2016 Page 5 of 5 BLR 05310 (Rev. 09/03/15) 150 of 321 ASBURY AVECENTRAL ST BRYANT AVEGIRARD AVECADD D4-R3151 of 321 152 of 321 153 of 321 For City Council meeting of April 25, 2016 Item A5 Resolution 28-R-16, Central Street Bridge 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: Central Street Bridge Engineering Services (RFQ 16-08) Date: March 31, 2016 Recommended Action: Staff recommends approval of Resolution 28-R-16 authorizing the City Manager to Sign a Preliminary Engineering Services Agreement for Federal Participation with the Illinois Department of Transportation and a Professional Services Agreement with Stanley Consultants, Inc. (850 West Higgins Road, Suite 730, Chicago, IL 60631) for the Central Street Bridge Phase I Engineering Study. Funding Source: The negotiated final cost for Phase I Engineering Study is $438,100, of which $350,400 (80%) will be funded from a federal grant from the Surface Transportation Program – Bridge program (STP-BR) and $87,700 (20%) from the City’s Capital Improvement Program (CIP) General Obligation Bonds. A summary of the funding is as follows: Funding Source Account No. Budgeted Amount Contract Amount STP-BR 415.40.4216.62145 $350,000 $350,400 CIP – GO Bonds 415.40.4116.62145 $ 90,000 $ 87,700 Total $440,000 $438,100 Background: The Central Street Bridge over the North Shore Channel is under the Jurisdiction of City of Evanston. The bridge was constructed by the Metropolitan Water Reclamation District in 1906 and the ownership of the bridge was transferred to City of Evanston at that time. In April of 2015, the Illinois Department of Transportation (IDOT) informed Memorandum 154 of 321 Evanston that there was severe deterioration of the Central Street Bridge concrete columns. IDOT required Evanston to post a 15 ton weight limit immediately. Construction plans and specifications for the emergency bridge repair were prepared by City’s structural engineer, Ciorba Group, in coordination with the IDOT Structural Division. The temporary repair of the columns was completed in October 2015 and the load posting was removed. Analysis: Even though the columns have been repaired, the Central Street Bridge is still considered to be structurally deficient. The City submitted a request to IDOT for Highway Bridge Program Funds in June 2015 to reconstruct the bridge. In a letter dated July 27, 2015, IDOT approved the funding for Central Street Bridge Rehabilitation/ Replacement. The first step in the process is to complete a Phase I Engineering Analysis. The Bureau of Capital Planning & Engineering issued a Request for Qualifications (16- 15) to provide Phase I Engineering, Phase II Design Services and Phase III Construction Engineering for the Bridge Rehabilitation Project. As part of federal guidelines the consultant selection process is a Qualification Based Selection (QBS). The cost of engineering services is negotiated with the most qualified consultant, after the selection process. Both Bridge Street Bridge and Asbury Avenue Bridge reconstruction projects followed the same QBS process since these projects were also funded by federal funds. The submittals for Central Street Bridge were reviewed based on qualification & expertise, organization & completeness of proposal, M/W/EBE utilization and willingness to execute the required agreement. The proposals were reviewed by: • David Stoneback – Public Works Agency Director • Lara Biggs – Bureau Chief Capital Planning & Engineering/ City Engineer • Sat Nagar, P.E. – Senior Project Manager • Rajeev Dahal – Senior Transportation Engineer • Dan Manis, P.E.- Senior Project Manager • Linda Thomas – Purchasing Specialist The proposals were rated and interviews were conducted with the top three firms. Including information from the interviews, the final scoring of the proposals is as follows: 155 of 321 Engineering Services Related to: Central Street Bridge Replacement RFQ 16-08 RFQ Evaluation Summary Firm Qualification and Expertise (30%) Organization and Completeness of Proposal (45%) M/W/EBE (15%) Willingness to Execute Agreement (10%) Total Score Stanley Consultants 28 43 15 10 95 Ciorba Group 24 39 15 10 88 Exp Services 27 36 15 10 87 Thomas Engineering Group 24 37 15 10 86 Civiltech 26 32 15 10 83 Transystems 21 37 15 10 83 HLR Inc. 23 31 15 10 79 HR Green 24 32 15 7 78 V3 Companies 24 29 15 10 78 Bowman Consulting 24 28 15 10 77 Christopher Burke Engineering 24 28 15 10 77 Bowman Barrett 24 31 10 10 75 Accurate Group 23 24 15 10 72 Primera Engineers 20 22 15 10 67 Infrastructure 21 25 10 10 66 Knight Engineers 21 17 15 10 63 Stanley Consultants Inc. was selected as the best candidate to provide the engineering services. They have an extensive structural engineering division that includes bridge design and construction experience. They also have previous experience of working with IDOT and the City of Evanston, and their work has been satisfactory on previous projects. 156 of 321 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. IDOT has committed funding towards the phase II design plans and phase III construction engineering services for this project. Stanley Consultant is satisfying their M/W/EBE goal by having Environment Design International Inc. & Interra Inc. as sub-consultants. The total value of the M/W/EBE subcontracted work is 20% of the total contract amount. The M/W/EBE schedule and supporting documentation has been reviewed and approved as indicated in the attached memo. Attachments: Resolution 28-R-16 Preliminary Engineering Services Agreement with IDOT Professional Services Agreement with Stanley Consultants, Inc. IDOT Funding Approval Letter M/W/EBE Participation Review Memo 157 of 321 4/8/2016 28-R-16 A RESOLUTION Authorizing the City Manager to Sign a Preliminary Engineering Services Agreement for Federal Participation with the Illinois Department of Transportation and a Professional Services Agreement with Stanley Consultants, Inc. for the Central Street Bridge Phase I Engineering Study WHEREAS, the City of Evanston and Illinois Department of Transportation (hereinafter “IDOT”), in the interest of improving the columns and overall structure of the Central Street Bridge, are desirous of rehabilitating and/or replacing the existing Bridge Street structure over the North Shore Channel, said improvement to be identified as State Section Number: 16-00278-00-BR, State Job Numbers: P/D/C-91-301-16, and Project Numbers: BRM-9003(758)/(759)/(760), hereinafter referred to as the “Project”; and WHEREAS, the parties hereto are desirous of said Project in that same will be of immediate benefit to the residents of the area and will be permanent in nature; and WHEREAS, the City is desirous of entering into a preliminary engineering services agreement with IDOT for federal participation for the Project; and WHEREAS, the City is desirous of entering into a professional services agreement with Stanley Consultants, Inc. for the Project; and WHEREAS, the City Council of the City of Evanston has determined it is in the best interests of the City to enter into a preliminary engineering services agreement for federal participation with IDOT and a professional services agreement with Stanley Consultants, Inc.; 158 of 321 28-R-16 ~2~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized to sign and the City Clerk is hereby authorized to attest to the Preliminary Engineering Services Agreement for Federal Participation with IDOT, attached hereto as Exhibit 1 and incorporated herein by reference and the City of Evanston Professional Services Agreement for the Central Street Bridge Replacement/Rehabilitation Project Phase I Engineering with Stanley Consultants, Inc., attached hereto as Exhibit 2 and incorporated herein by reference. SECTION 3: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the Preliminary Engineering Services Agreement and the City of Evanston Professional Services Agreement as he may determine to be in the best interests of the City. SECTION 3: That this Resolution 28-R-16 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: __________________, 2016 159 of 321 28-R-16 ~3~ EXHIBIT 1 Preliminary Engineering Services Agreement Between the City of Evanston and Stanley Consultants, Inc. 160 of 321 Page 1 of 7 BLR 05610 (Rev. 11/21/13) Printed on 3/21/2016 5:01:36 PM Local Agency City of Evanston County Cook Section 16-00278-00-BR Project No. BRM-9003(758) Job No. P-91-301-16 Contact Name/Phone/E-mail Address Sat Nagar 847-866-2967 snagar@cityofevanston.org L O C A L A G E N C Y Preliminary Engineering Services Agreement For Federal Participation C O N S U L T A N T Consultant Stanley Consultants Address 8501 West Higgins Road, Suite 730 City Chicago State Illinois Zip Code 60631 Contact Name/Phone/E-mail Address Paul Schneider 773-693-9624 schneiderpaul@stanleygroup.com THIS AGREEMENT is made and entered into this day of , between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT. Federal-aid funds allotted to the LA by the state of Illinois under the general supervision of the Illinois Department of Transportation (STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. Project Description Name Central Street Bridge Improvement Route 9-1301 Length 0.1 mile Structure No. 016-6951 Termini Central Street Bridge over the North Shore Channel (Structure touch-down) Description Prepare all necessary Phase I Engineering documents for the improvement of the structure in accordance with the findings of the Bridge Condition Report. Agreement Provisions I. THE ENGINEER AGREES, 1. 2. To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of engineering services for the LA for the proposed improvement herein described. To attend any and all meetings and visit the site of the proposed improvement at any reasonable time when requested by representatives of the LA or STATE. 3. To complete the services herein described within 550 calendar days from the date of the Notice to Proceed from the LA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. 4. The classifications of the employees used in the work should be consistent with the employee classifications and estimated man- hours shown in EXHIBIT A. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are indicated in Exhibit A to be performed by lesser-salaried personnel, the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 5. That the ENGINEER is qualified technically and is entirely conversant with the design standards and policies applicable for the PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein. 6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from the ENGINEER’s errors, omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or for clarification of any ambiguities. 7. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER and will affix the ENGINEER’s professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affix structural engineer seal when such seal is required by law. It will be the ENGINEER’s responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE. 8. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA. 161 of 321 9. The undersigned certifies neither the ENGINEER nor I have: a. employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT, b. agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c. paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. d. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, e. have not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property, f. are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (e) and g. have not within a three-year period preceding this AGREEMENT had one or more public transactions (Federal, State or local) terminated for cause or default. 10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. 11. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 12. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the project (Exhibit B). 13. Scope of Services to be provided by the ENGINEER: Make such detailed surveys as are necessary for the planning and design of the PROJECT. Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories. Prepare applications for U.S. Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of Water Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification. Design and/or approve cofferdams and superstructure shop drawings. Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or culvert types and high water effects on roadway overflows and bridge approaches). Prepare the necessary environmental and planning documents including the Project Development Report, Environmental Class of Action Determination or Environmental Assessment, State Clearinghouse, Substate Clearinghouse and all necessary environmental clearances. Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE. Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation. Prepare preliminary roadway and drainage structure plans and meet with representatives of the LA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage structures, and compliance with applicable design requirements and policies. Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. Complete the general and detailed plans, special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of cost shall be furnished in quadruplicate. Furnish the LA with survey and drafts in quadruplicate all necessary right-of-way dedications, construction easements and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. Page 2 of 7 BLR 05610 (Rev. 11/21/13) Printed on 3/14/2016 11:46:08 AM 162 of 321 II. THE LA AGREES, 1. To furnish the ENGINEER all presently available survey data and information 2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee CPFF = 14.5%[DL + R(DL) + OH(DL) + IHDC], or CPFF = 14.5%[DL + R(DL) + 1.4(DL) + IHDC], or CPFF = 14.5%[(2.3 + R)DL + IHDC] Where: DL = Direct Labor IHDC = In House Direct Costs OH = Consultant Firm’s Actual Overhead Factor R = Complexity Factor Specific Rate (Pay per element) Lump Sum 3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: With Retainage a) For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. c) Final Payment – Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. Without Retainage a) For progressive payments – Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. b) Final Payment – Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE, a sum o money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 4. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT- assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient’s DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31U.S.C. 3801 et seq.). III. IT IS MUTALLY AGREED, 1. That no work shall be commenced by the ENGINEER prior to issuance by the LA of a written Notice to Proceed. 2. That tracings, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this AGREEMENT shall be delivered to and become the property of the LA and that basic survey notes, sketches, charts and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request, to the LA or to the STATE, without restriction or limitation as to their use. Page 3 of 7 BLR 05610 (Rev. 11/21/13) Printed on 3/14/2016 11:46:08 AM 163 of 321 3. That all reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such furnished documents shall be approved by the LA and the STATE before final acceptance. During the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER’s possession and any such loss or damage shall be restored at the ENGINEER’s expense. 4. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement. 5. To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 6. The payment by the LA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER’s work and shall indemnify and save harmless the LA, the STATE, and their officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at the ENGINEER’s last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LA. The LA will be responsible for reimbursement of all eligible expenses to date of the written notice of termination. 9. This certification is required by the Drug Free Workplace Act (30ILCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract or grant and debarment of the contracting or grant opportunities with the State for at least one (1) year but no more than five (5) years. For the purpose of this certification, “grantee” or “contractor” means a corporation, partnership or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the State, as defined in the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: a. Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee’s or contractor’s workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (a) abide by the terms of the statement; and (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. b. Establishing a drug free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee’s or contractor’s policy of maintaining a drug free workplace; (3) Any available drug counseling, rehabilitation and employee assistance program; and (4) The penalties that may be imposed upon an employee for drug violations. c. Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. d. Notifying the contracting or granting agency within ten (10) days after receiving notice under part (B) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction. e. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, f. Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. g. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. Page 4 of 7 BLR 05610 (Rev. 11/21/13) Printed on 3/14/2016 11:46:08 AM 164 of 321 10. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LA deems appropriate. Agreement Summary Prime Consultant: TIN Number Agreement Amount Stanley Consultants 42-1320758 $438,008.49 Sub-Consultants: TIN Number Agreement Amount Environmental Design International Inc. 36-3759119 $54,084.96 Interra Inc. 36-4045796 $35,671.73 Sub-Consultant Total: $89,756.69 Prime Consultant Total: $348,251.80 Total for all Work: $438,008.49 Executed by the LA: City of Evanston (Municipality/Township/County) ATTEST: By: By: Clerk Title: (SEAL) Executed by the ENGINEER: ATTEST: By: By: Title: Title: Page 5 of 7 BLR 05610 (Rev. 11/21/13) Printed on 3/14/2016 11:46:08 AM 165 of 321 Exhibit A - Preliminary Engineering Route: Central Street Bridge over the North Shore Local Agency: City of Evanston *Firm’s approved rates on file with IDOT’S (Municipality/Township/County) Bureau of Accounting and Auditing: Section: 16-00278-00-BR Project: Overhead Rate (OH) 153.11 % Job No.: Complexity Factor (R) 0.00 Calendar Days 550 Method of Compensation: Cost Plus Fixed Fee 1 14.5%[DL + R(DL) + OH(DL) + IHDC] Cost Plus Fixed Fee 2 14.5%[DL + R(DL) + 1.4(DL) + IHDC] Cost Plus Fixed Fee 3 14.5%[(2.3 + R)DL + IHDC] Specific Rate Lump Sum Cost Estimate of Consultant’s Services in Dollars Element of Work Employee Classification Man- Hours Payroll Rate Payroll Costs (DL) Overhead* Services by Others In-House Direct Costs (IHDC) Profit Total See attached Totals 0.00 Page 6 of 7 BLR 05610 (Rev. 11/21/3) Printed on 3/14/2016 11:46:08 AM 166 of 321 Exhibit B Engineering Payment Report Prime Consultant Name Stanley Consultants Address 8501 West Higgins Road Telephone 773-693-9624 TIN Number Project Information Local Agency City of Evanston Section Number 16-00278-00-BR Project Number Job Number This form is to verify the amount paid to the Sub-consultant on the above captioned contract. Under penalty of law for perjury or falsification, the undersigned certifies that work was executed by the Sub-consultant for the amount listed below. Sub-Consultant Name TIN Number Actual Payment from Prime Environmental Design International Inc. 36-3759119 Interra Inc. 36-4045796 Sub-Consultant Total: Prime Consultant Total: Total for all Work Completed: Signature and title of Prime Consultant Date Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurring with the payment amount specified above. For information about IDOTs collection and use of confidential information review the department’s Identity Protection Policy. Page 7 of 7 BLR 05610 (Rev. 11/21/13) Printed on 3/14/2016 11:46:08 AM 167 of 321 28-R-16 ~4~ EXHIBIT 2 Professional Services Agreement for the Central Street Bridge Replacement/Rehabilitation Project Phase I Engineering 168 of 321 27 Revised 10-14 CITY OF EVANSTON PROFESSIONAL SERVICES AGREEMENT The parties referenced herein desire to enter into an agreement for professional services for Central Street Bridge Replacement/ Rehabilitation Project Phase I Engineering RFQ Number: 16-08 THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this ___ day of ________________, 20___, 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 Stanley Consultants Inc., with offices located at 8501 West Higgins Road, Suite 730, Chicago, IL 60631, (hereinafter referred to as the “Consultant”). Compensation for all basic Services (“the Services”) provided by the Consultant pursuant to the terms of this Agreement shall not exceed $ 438,008.49. I. COMMENCEMENT DATE Consultant shall commence the Services on the date of IDOT approval and FHWA authorization or no later than three (3) DAYS AFTER City executes and delivers this Agreement to the Consultant. II.COMPLETION DATE Consultant shall complete the Services within 18 months of FHWA authorization to proceed. 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 169 of 321 28 Revised 10-14 City shall pay Consultant those fees as provided here: Payment shall be made upon the completion of each task for a project, as set forth in Exhibit A – Project Milestones and Deliverables. Any expenses in addition to those set forth here must be specifically approved by the City in writing in advance. IV. DESCRIPTION OF SERVICES Consultant shall perform the services (the “Services”) set forth here: Services are those as defined in Exhibit A, the City’s Request for Qualifications No. # 16-08 (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). 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 Agree ment. 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 at the Property 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 sub consultants 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. 170 of 321 29 Revised 10-14 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 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 171 of 321 30 Revised 10-14 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, 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. Consultant is not responsible for any reuse of its work on another project or for purposes not intended by the work. 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, 172 of 321 31 Revised 10-14 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, 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 extent that the negligent errors or omissions of Consultant is responsible for such a claim, 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 negligent 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 173 of 321 32 Revised 10-14 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 negligent 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 additional insured for not less than $3,000,000 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 174 of 321 33 Revised 10-14 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 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 Statutes, Ordinances and Regulations. In performing the Services, Consultant shall comply with all applicable federal, state, county, and municipal statutes, 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 175 of 321 34 Revised 10-14 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. 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. 176 of 321 35 Revised 10-14 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: 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 5/2 105 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 E. Protection against retaliation as provided to the Department of Human Rights. 177 of 321 36 Revised 10-14 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. 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. 178 of 321 37 Revised 10-14 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. 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: City Manager FEIN Number: _______________ Date: _____________________ Date: _______________________ 179 of 321 38 Revised 10-14 EXHIBIT A – Project Milestones and Deliverables This EXHIBIT A to that certain Consulting Agreement dated _______ between the City of Evanston, 2100 Ridge Avenue, Evanston, Illinois, 60201(“City”) and Stanley Consultants Inc. (“Consultant”) sets forth the Commencement and Completion Date, Services, Fees, and Reimbursable Expenses as follows: I. COMMENCEMENT DATE: Date of FHWA Authorization II.COMPLETION DATE: 18 months from FHWA authorization to proceed III.FEES: N/A IV. SERVICES/SCOPE OF WORK: As defined in RFQ # 16-08 (Exhibit B) and Consultants Response to Proposal (Exhibit C) Dated: ______________ 180 of 321 Central Street Bridge Improvement Stanley Consultants Cost Estimate of Consultant Services 181 of 321 City of Evanston Public Works Agency Central Street Bridge Improvement Project Phase I Study Scope of Services Introduction The Phase I Study involves the improvement of the Central Street Bridge over the North Shore Channel. The study is located in the City of Evanston in Cook County and is led by the City of Evanston (City). The purpose of the study is to identify improvements to the Central Street Bridge to enhance safety for the travelling public. The improvements could include major rehabilitation of the existing bridge or complete replacement with a new bridge. The project is anticipated to use federal funds (STP-Bridge) for Phase I engineering, Phase II design engineering and construction. The project will be processed through IDOT Bureau of Local Roads & Streets (BLR&S). The scope of work includes the following: • Data Collection and Evaluation • Utility and Permitting Coordination • Topographic and Stream Survey • Environmental Studies • Stakeholder Involvement • Crash and Safety Analysis • Bridge Condition Reports • Structural Type Studies • Type Size and Location Plans • Preliminary Bridge Design and Hydraulic Report • Architectural Enhancements • Geometric Studies • Traffic Management Plan • Drainage and Hydraulic Studies • Cost Estimates • Project Development Report (Categorical Exclusion II - BLR 22210) • Public Meetings • Geotechnical Investigations • Meetings and Coordination • Administration and Management • QA / QC The approximate project study limits are as follows: o Central Street: Asbury Avenue to Ridge Avenue (1,200’ total) The project will be designed using Microstation Geopak software with Corridor Modeler. The following is a detailed description of work tasks. Data Collection and Evaluation The data collection effort includes the following: • The CONSULTANT will obtain information from the City of Evanston and IDOT including GIS files, land use maps, zoning maps, soils and geological information, microfilm plans, flooding reports, existing right-of-way, drainage information, and utility plans. • The CONSULTANT will acquire information from the MWRDGC for use in the Hydraulic studies. • One field trip of the project area will be conducted. Page 1 of 6 182 of 321 City of Evanston Public Works Agency Central Street Bridge Improvement Project Phase I Study Scope of Services Utility and Permitting Coordination The utility and permitting coordination effort includes the following: • The CONSULTANT will initiate coordination with JULIE to obtain utility atlases for the project. • The CONSULTANT will draft project initiation letters to all know utility owners present within the project limits and will maintain a database of ongoing coordination with utility owners. • The CONSULTANT will research all permitting requirements associated with the project. Anticipated permitting agencies include: MWRDGC, IDNR-OWR, IEPA, USACOE, Topographic Survey and Stream Survey The CONSULTANT’S surveyor will perform the Topographic and Stream Survey in accordance with IDOT Procedures. See attached scope by Environmental Design International Inc. the CONSULTANT will review the survey during a field trip. Environmental Studies Environmental Design International Inc. (EDI) will prepare and submit an Environmental Survey Request (ESR) form with Attachments and Exhibits to IDOT BLR&S for processing. Based on a preliminary environmental screening, the environmental resources associated with the project may involve 4(f) and wetland impacts. See attached scope by Environmental Design International Inc. IDOT will complete the PESA / PSI for the entire project. Stakeholder Involvement The stakeholder involvement scope of work includes the following: • The CONSULTANT will prepare coordination letters to introduce stakeholders to the project. • The CONSULTANT will attend a “dry run” meeting with the City prior to the stakeholder meetings. • The CONSULTANT will attend three (3) Community Advisory Group (stakeholder) meetings to introduce the project, present the preliminary alternatives and preferred alternative. • The CONSULTANT will attend three (3) Technical Advisory Group meetings, consisting of key City staff, to introduce the project, present the preliminary alternatives and preferred alternative. Crash and Safety Analysis EDI shall request crash data for the previous five years from IDOT. EDI will review the crash data and summarize crashes by year and major type to define trends and roadway deficiencies at each of the above intersections. Crash reports will be requested for crashes involving fatalities, pedestrians and bicyclists. See attached scope by Environmental Design International Inc. Page 2 of 6 183 of 321 City of Evanston Public Works Agency Central Street Bridge Improvement Project Phase I Study Scope of Services Bridge Condition Reports Bridge Inspection: Bridge inspection will be conducted in accordance with IDOT’s Bridge Condition Report Procedures & Practices manual and the IDOT Bridge Manual. Infrared thermography is included in the scope of work. Travel lane closures will be required for both infrared thermography of the bridge deck as well as d uring underdeck inspection while a snooper truck is on the deck and is included in the scope of work. The bridge inspections will either confirm or update the findings of past Structure Inspection Reports. All potential problems such as out-of-plumb elements, substructure movements, deterioration, section loss, delamination, and structurally significant cracks, heavy leaching, scour, undermining, and barrier condition will be reported, measured and accompanied by explanatory sketches and photographs to aid the evaluation of the recommended scope of work. Color photographs and descriptive sketches will be of sufficient number to cover the major conditions of this structure. Bridge Condition Report: A Bridge Condition Report (BCR) will be prepared in accordance with IDOT’s Bridge Condition Report Procedures & Practices manual and the IDOT Bridge Manual. The BCR will include structure identification information, location map, color photos, description and exhibits detailing the existing physical conditions of the structure, description of the rehabilitation or reconstruction alternatives and past Structure Inspection Reports. In addition, the BCR will include a statement of any geometric or hydraulic improvement required. The BCR will also include a description of the preferred alternative with consideration given to roadway geometrics, future roadway usage, and other non- structure related considerations. In addition, a cost estimate for the proposed work and other information pertinent to the structure will be presented. Structure Type Studies The CONSULTANT will conduct a Structure Type Study to identify feasible bridge type alternatives and recommend the preferred bridge type. Since constructability will play a significant role in this project due to the high demand for emergency vehicle use, an alternative construction delivery method will also be included in this study. The type study will include the following steps: 1. The CONSULTANT will develop feasible alternatives. The anticipated alternatives will include conventional bridge types and signature bridge types. 2. The CONSULTANT will meet with the City to discuss the process used to select the feasible alternatives and request City input. 3. The CONSULTANT will evaluate methods of construction for the feasible bridge types. Both conventional staged construction and Accelerated Bridge Construction (ABC) methods will be evaluated. 4. Two feasible alternatives will be evaluated and a preferred bridge type and method of construction alternative will be developed with City concurrence. 5. The evaluation process will be well documented. Page 3 of 6 184 of 321 City of Evanston Public Works Agency Central Street Bridge Improvement Project Phase I Study Scope of Services Type, Size and Location Plans The CONSULTANT will prepare a Type, Size and Location (TS&L) plan for the preferred alternative. The TS&L will be submitted to the IDOT Central Bridge Office for approval. Key elements of the TS&L include: • Elevation and Plan View • Cross Section through the Superstructure • Substructure and Abutment details • Construction staging details • Special bridge features and aesthetic treatments Preliminary Bridge Design and Hydraulic Report The CONSULTANT will prepare a Preliminary Bridge Design and Hydraulic Report (BLR 10210) for review and comment. A draft and final report will be prepared. Architectural Elements The CONSULTANT will prepare conceptual architectural elements and aesthetic features for review and comment. Two alternatives will be developed for each of the features noted below: • Bridge railing • Bridge parapet • Streetscaping and landscaping • Lighting Geometric Studies The CONSULTANT will determine facility deficiencies based on information gathered. The CONSULTANT will complete alignment and geometrics plan studies; profile studies; typical cross- sections and details; and plot proposed geometrics and right-of-way for the preferred improvement. It is anticipated that one (1) plan and profile sheets at 1”=50’ scale will be required for the preferred improvement. The CONSULTANT will determine right-of-way impacts in this task. Traffic Management Plan Environmental Design International Inc. (EDI) will prepare and submit a Traffic Management Plan (TMP) to the Bureau of Traffic for processing. The TMP will summarize traffic staging to accommodate the construction of the improvement. EDI will be responsible for the following related to the TMP: • Preparation of typical sections for each stage of the maintenance of traffic. • Prepare text of traffic maintenance and exhibits. • Incorporate the FHWA Work Safety and Mobility Policy. Page 4 of 6 185 of 321 City of Evanston Public Works Agency Central Street Bridge Improvement Project Phase I Study Scope of Services Drainage and Hydraulic Studies The scope of work for the proposed drainage studies will be based on maintaining the existing storm sewer system. The project deliverable will be a Location Drainage Technical Memorandum (LDTM) with associated exhibits. The CONSULTANT will develop an Existing Drainage Plan (EDP) that identifies drainage problems, sewer locations, and major drainage features. The CONSULTANT will then develop a Proposed Drainage Plan to illustrate recommended improvements. At this time only drainage structure adjustments are anticipated. In the event that bridge replacement is the preferred alternative, the CONSULTANT will be responsible for developing a Hydraulic Report. EDI will complete a stream survey (see survey scope of work) of the North Shore Channel. Key elements of the Hydraulic Report will include: • Hydraulic Report Data sheets • Hydraulic Model provided by MWRDGC • Hydraulic Model (Existing Conditions) – Utilizing MWRDGC Model • Hydraulic Model (Proposed Conditions) – Utilizing MWRDGC Model • Compensatory Storage Determination • Scour Analysis Cost Estimates The CONSULTANT will prepare preliminary cost estimates for the preferred alternative to be submitted with the Draft Project Development Report. The final cost estimate will be revised and submitted with the Final Project Development Report. Project Development Report The CONSULTANT will compile exhibits, maps, tables, supplemental documents, and appendices. The CONSULTANT will prepare the Draft Project Development Report (PDR) utilizing form BLR 22210. The CONSULTANT will submit the following documents: • Two paper copies and one PDF copy of the Draft PDR to the City for review. The CONSULTANT will revise the Draft PDR per City comments. • Two paper copies of the revised Draft PDR to IDOT BLR&S. • One paper copy and one PDF copy of the Final PDR to the City. • Four paper copies of the Final PDR to IDOT BLR&S. The cost for developing the PDR will include assembling all required documents, printing, binding, and delivering the reports. Page 5 of 6 186 of 321 City of Evanston Public Works Agency Central Street Bridge Improvement Project Phase I Study Scope of Services Public Meetings • Prepare and attend two (2) public meetings. o The CONSULTANT will prepare the mailing lists, invitation, postcards, advertising, meeting handout, display exhibits, and audio / visual presentation. o The CONSULTANT will identify and secure the location for the public meeting. o The CONSULTANT will attend a “dry run” for the public meeting, attend the public meeting and answer questions • The CONSULTANT will prepare a public meeting disposition of comments, prepare response newsletter and/or draft response letters. Geotechnical Studies • The CONSULTANT will coordinate with the geotechnical sub consultant to perform soil borings in accordance with the latest version of the Illinois Department of Transportation’s Geotechnical Manual. See attached scope by Interra, Inc Meetings and Coordination The CONSULTANT anticipates the following meetings for this project: • Twelve (12) coordination meetings with the City of Evanston • Three IDOT meetings (Kick-off, alternatives & preferred) • Two FHWA/BDE meetings • Three MWRDGC coordination meetings The CONSULTANT will attend all of these meetings, prepare meeting minutes, and perform follow up to the meetings as needed. Administration and Management The CONSULTANT will perform project management and administration, including staff and resource scheduling, progress monitoring, monthly invoice and progress reports. QA/QC The CONSULTANT shall implement their QA/QC policy. Page 6 of 6 187 of 321 City of Evanston Central Street Bridge Improvement Phase I Study Work-hour and Direct Cost Estimate 1 WORK HOURS DIRECT COST 1 Data Collection and Evaluation Data Collection Evanston GIS, Land Use, Zoning, School, Park, Fire and Sanitary Districts, etc. Review and Analyze Data from the City Existing BCR's and Inspection reports, Traffic Counts, Existing R.O.W., etc. Review and Analyze Data from the MWRD Existing Bridge Plans, Existing R.O.W., and other TARP information Review and Analyze Data from the IDOT and locals, etc. Determine Property Information for adjacent properties 8 Field trips to area (includes taking photos & site check) 1 trip x 6 hours/trip x 2 persons SUBTOTALS = 52 16.20$ 2 Utility and Permit Coordination JULIE Coordination 4 Local Utility Phase I Coordination AT&T, Comcast, ComEd, NiCor, NU Fiber Permitting Agency Phase I Coordiantion 24 SUBTOTALS = 68 -$ 3 Topographic Survey and Stream Survey Provided by Environmental Design International Inc. (See Attached CECS) Topographic Survey Coordination & Review 8 Field trips to area ( topo check) 1 trips x 6 hours/trip x 2 persons SUBTOTALS = 20 16.20$ 4 Environmental Studies EDI Coordination 4 PESA/PSI Investigation by IDOT NA Historic Coordination NA Determination of potential Section 4(f) issues, Wetland impacts and submittal of ESR Provided by Environmental Design International Inc. (See Attached CECS) SUBTOTALS = 4 -$ 5 Stakeholder Involvement Draft initiation letters to members of Community Advisory Group (CAG) w/ exhibits Alderman 7th Ward Central Street Business Association Central Street Neighbor's Association Evanston Hospital Northwestern University CTA American Legion Post 42 Canal Shores Chandler-Nueberger Prepare for and attend dry run for CAG meetings (3 - Initial/Alternatives/Preferred) (2 people x 4 hours) x 3 meetings Community Advisory Group meetings (3 - Initial/Alternatives/Preferred) 3 people x 4 hours x 3 meetings Prepare for and attend Technical Advisory Group meetings (3 - Initial/Alternatives/Preferred) (3 people x 4 hours + 16 hrs exhibits) x 3 meetings SUBTOTALS = 140 145.80$ 6 Crash and Safety Analysis EDI Coordination 4 Conduct Crash and Safety Analysis Provided by Environmental Design International Inc. (See Attached CECS) SUBTOTALS = 4 -$ 36 48.60$ 72 8 24 48.60$ 12 16.20$ 40 TASK & DESCRIPTION 12 16.20$ 8 8 8 48.60$ 8 188 of 321 City of Evanston Central Street Bridge Improvement Phase I Study Work-hour and Direct Cost Estimate 2 WORK HOURS DIRECT COST TASK & DESCRIPTION 7 Bridge Condition Reports Bridge Inspection (3 person crew) Preperation 24 Deck (Thermography by AECOM = $9,376) Sidewalks, Railing, Exp Jts 24 9,376.00$ Superstructure (UB-40 Snooper = $4,200, Traffic Control = $1,095) (Beams & Bearings)18 5,295.00$ Substructure (Piers, Abutments and Wingwalls 15 Approach Pavement 3 Bridge Condition Report Text (5 Std Report Sections)40 Exhibits Location Map, Aerial View, Master Str Rpt and Field Insp Rpts 8 Top and Bottom of Deck Condition Surveys 12 Structural Steel and Bearing Surveys 8 Substructure (Piers, Abutments and Wingwall Surveys)20 Alternative #1 Cost Est (Rehabilitation)12 Alternative #2 Cost Est (Conventional-Staged Preplacement)12 Life Cycle Cost for each Alternative 12 Proposed Bridge Plan, Elevation and Typical section 12 Proposed Method of Construction Exhibit 16 Photos (30 photos on 15 sheets)12 Existing GP&E sheet & Deck Plan and X-Sect (Reporduced from faded orig)8 Copy, Collation and Binding 8 130.00$ SUBTOTALS = 264 14,801.00$ 8 Structural Type Studies Evaluate Alt Bridge Types 60 Evaluate Construction Impacts (Conventional and ABC Methods)40 Traffic Staging Study 32 Develop preliminary alternatives - includes plan view Two alternatives @ 24 hrs each 48 Copy, Collation and Binding 8 130.00$ SUBTOTALS = 188 130.00$ 9 Type, Size and Location Plans Elevation and Plan View 72 Cross Section through Superstructure 24 Location Sketch and existing structure 4 Profile grade data, design specifications and roadway data 6 Waterway Information 6 Substructure and typical abutment in elevation 24 Stage construction order and limits 24 ABC details and general notes 32 Special aesthetic treatments 16 Special Bridge features 16 SUBTOTALS = 224 -$ 10 Preliminary Bridge Design and Hydraulic Report Preliminary Bridge Design and Hydrualic Report 24 SUBTOTALS = 24 -$ 11 Architectural Elements Bridge railing 32 2 alternatives @ 16 hrs / alternative Bridge parapet 32 2 alternatives @ 16 hrs / alternative Streetscaping and Landscaping 32 2 alternatives @ 16 hrs / alternative Lighting 32 2 alternatives @ 16 hrs / alternative SUBTOTALS = 128 -$ 189 of 321 City of Evanston Central Street Bridge Improvement Phase I Study Work-hour and Direct Cost Estimate 3 WORK HOURS DIRECT COST TASK & DESCRIPTION 12 Geometric Studies Develop Design Criteria 4 Determine Facility Deficiencies 4 24 Cross-section Studies Includes cross-sections at every 50’ plus cross streets and driveways 20 cross sections at 0.5 hours/ cross section Typical Cross-sections 2 typical cross-sections x 4 WH/section Plot Proposed R.O.W. Line (including stations and offsets for all break points)8 SUBTOTALS = 58 -$ 13 Traffic Management Plan EDI Coordination 4 Develop Traffic Management Plan Provided by Environmental Design International Inc. (See Attached CECS) SUBTOTALS = 4 -$ 14 Drainage and Hydraulic Studies Location Drainage Technical Memorandum (includes EDP and PDP)80 Stream Survey Plotting (Cross-sections, Stream Profiles and Structures)16 Hydraulic Report Data Sheets (Including photos)44 Hydraulic Model (provided by MWRD)NA Hydraulic Model (Existing Conditions) - Utilizing MWRD model 32 Hydraulic Model (Proposed Conditions) - Utilizing MWRD model 40 Compensatory Storage Determination 32 (Including floodway permit forms, calcs, exhibits and compensatory storage site plan) Scour Analysis (including field observation and scour depth calculation)12 Hydraulic Report Outline Sheets 4 Narrative (Including waterway information table)40 QA/QC - Model review 8 Report Assembly 12 130.00$ SUBTOTALS = 320 130.00$ 15 Cost Estimates Prepare preliminary cost estimates for Preferred Alternative 24 Update cost estimate for preferred alternative 8 Prepare final cost estimate for PDR 4 SUBTOTALS = 36 -$ 16 Project Development Report (Categorical Exclusion II - BLR 22210) Prepare Draft Project Development Report Compile exhibits, correspondence/documentation, and supplements 8 Write report, proofread, and edit 40 Combine Draft PDR into Portable Document Format (PDF)4 Print, bind, and deliver four copies of the Draft PDR 8 130.00$ Prepare Final Project Development Report Incorporate Public Hearing information 16 Address comments from draft report and revise exhibits 24 Revise PDF of Project Report, recognize text and provide bookmarks 4 Printing, binding and delivery Assume 5 hard copies and 5 CDs of Project Report SUBTOTALS = 112 260.00$ 8 Plan & Profile: Project length = 1,000 feet. Scale 1" = 50'. 1 Sheet x 24 WH/sheet 8 130.00$ 10 190 of 321 City of Evanston Central Street Bridge Improvement Phase I Study Work-hour and Direct Cost Estimate 4 WORK HOURS DIRECT COST TASK & DESCRIPTION 17 Public Meetings Public Meetings (2) (Alternatives/Preferred) Compile mailing list (including all adjacent property owners)12 Preparation of Public Meeting materials Postcards / Advertising 24hrs (1st mtg) + 12hrs (2nd Mtg)36 1,000.00$ Meeting Handout 40hrs (1st mtg) + 20hrs (2nd mtg)60 Display exhibits (Introduction, Location Map, ADT, Crash Summary, Typical Sections, Preferred Plan, Schedule, etc.) 56hrs (1st mtg) + 32hrs (2nd mtg)88 500.00$ Audio/visual presentation 24hrs (1st mtg) + 12hrs (2nd mtg)36 Field check and secure location for public meeting 4 2,000.00$ Court Reporter N/A Attendance at "Dry Run" for Public Meeting (2) 2 people x 4 hours x 2 meetings Attendance at Public Meeting (2) 3 people x 8 hours x 2 meetings Compile comments and write summary of Public Meeting 8hrs x 2 meetings 16 Preparation of newsletter and/or draft response letters 24hrs x 2 meetings 48 SUBTOTALS = 364 3,564.80$ 17 Geotechnical Investigations Provided by Interra Inc. (See Attached CECS) Geotechnical Investigation Coordination & Review 4 SUBTOTALS = 4 -$ 18 Meetings and Coordination City of Evanston Coordination meetings, 12 meetings, 2 people @ 4 hours / meeting IDOT Meetings Kick-off Meeting, 2 people @ 4 hours / meeting Present Alternatives, 2 people @ 4 hours / meeting Present Preferred Geometry, 2 people @ 4 hours / meeting BDE/FHWA meeting 2 meetings, 3 people @ 4 hours / meeting MWRD Meeting 3 meetings, 2 people @ 4 hours / meeting SUBTOTALS = 168 324.00$ 19 Administration and Management Administration (4 hrs/month x 18 months)72 SUBTOTALS = 72 -$ 20 QA/QC Review of milestone submittals 80 SUBTOTALS = 80 -$ TOTAL = 2334 19,388.00$ 24 48.60$ 24 32.40$ 24 48.60$ 96 194.40$ 16 32.40$ 48 32.40$ 191 of 321 City of Evanston Central Street Bridge Improvement Printed 3/9/2016 Bureau of Design and Environment (Rev. 11/19/15) PAYROLL ESCALATION TABLE FIXED RAISES FIRM NAME Stanley Consultants DATE 03/09/16 PRIME/SUPPLEMENT Central Street Bridge Improvement 0.00 PTB NO. CONTRACT TERM 18 MONTHS OVERHEAD RATE 153.11% START DATE 8/1/2016 COMPLEXITY FACTOR RAISE DATE 4/1/2017 % OF RAISE 3.00% ESCALATION PER YEAR 8/1/2016 -4/1/2017 4/2/2017 -2/1/2018 8 10 18 18 =44.44%57.22% =1.0167 The total escalation for this project would be:1.67% 192 of 321 Printed 3/9/2016 PREPARED BY THE CONSULTANT Bureau of Design and Environment (Rev. 11/19/15) PAYROLL RATES FIRM NAME Stanley Consultants DATE 03/09/16 PRIME/SUPPLEMENT Central Street Bridge Improvement PSB NO. ESCALATION FACTOR 1.67% CLASSIFICATION CURRENT RATE CALCULATED RATE Project Principal $70.00 $70.00 Engineering Grp Manager $70.00 $70.00 Department Manager $68.77 $69.92 Senior Engineer $53.26 $54.15 Engineer $37.66 $38.29 Engineer Intern II $33.65 $34.21 Engineer Intern I $29.25 $29.74 Sr Resident Project Rep $61.07 $62.09 Resident Project Rep $44.43 $45.17 Sr Construction Observer $35.94 $36.54 Construction Observer $24.75 $25.16 CAD/ Graphics Manager $50.26 $51.10 Designer $41.40 $42.09 Associate Designer $32.65 $33.19 Sr Admin Assistant $23.79 $24.19 Admin Assistant $22.93 $23.31 Admin Services Manager $32.74 $33.29 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 193 of 321 Printed 3/9/2016 PREPARED BY THE CONSULTANT Bureau of Design and Environment (Rev. 11/19/15) COST ESTIMATE OF CONSULTANT SERVICES FIRM Stanley Consultants DATE 03/09/16 PSB OVERHEAD RATE 1.5311 PRIME/SUPPLEMENT Central Street Bridge Improvement COMPLEXITY FACTOR 0 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) Data Collection and Evalu 52 2,013.08 3,082.23 16.20 744.84 5,856.35 1.34% Utility and Permit Coordin 68 2,781.80 4,259.22 1,029.27 8,070.29 1.84% Topographic Survey and 20 1,113.94 1,705.56 16.20 412.16 3,247.86 0.74% Environmental Studies 4 216.59 331.62 80.14 628.35 0.14% Stakeholder Involvement 140 7,491.47 11,470.19 145.80 2,771.84 21,879.31 5.00% Crash and Safety Analysi 4 216.59 331.62 80.14 628.35 0.14% Bridge Conditional Repor 264 12,267.91 18,783.40 130.00 4,539.13 14,671.00 50,391.44 11.50% Structural Type Study 188 8,412.18 12,879.90 130.00 3,112.51 24,534.59 5.60% Type, Size and Location P 224 10,602.29 16,233.16 3,922.85 30,758.30 7.02% Preliminary Bridge Design 24 1,045.78 1,601.20 386.94 3,033.92 0.69% Architectural Elements 128 5,685.36 8,704.86 2,103.58 16,493.81 3.77% Geometric Studies 58 2,646.59 4,052.19 979.24 7,678.01 1.75% Traffic Management Plan 4 216.59 331.62 80.14 628.35 0.14% Hydrualic Studies 320 13,598.20 20,820.21 130.00 5,031.33 39,579.74 9.04% Cost Estimates 36 1,758.26 2,692.08 650.56 5,100.90 1.16% Project Development Rep 112 5,140.51 7,870.64 260.00 1,901.99 15,173.14 3.46% Public Meetings 364 18,107.20 27,723.93 564.80 6,699.66 3,000.00 56,095.60 12.81% Geotechnical Investigatio 4 216.59 331.62 80.14 628.35 0.14% Meetings and Coordinatio 168 9,200.10 14,086.28 324.00 3,404.04 27,014.41 6.17% Administration and Manag 72 5,033.96 7,707.50 1,862.57 14,604.03 3.33% QA/QC 80 5,593.29 8,563.89 2,069.52 16,226.70 3.70% DBE Environmental Design Int 54,084.96 54,084.96 54,084.96 12.35% DBE Interra Inc. 35,671.73 35,671.73 35,671.73 8.14% Subconsultant DL 0.00 0.00 0.00% TOTALS 2334 113,358.31 173,562.91 1,717.00 41,942.58 17,671.00 89,756.69 89,756.69 438,008.49 100.00% DBE 20.49% DBE COST PLUS FIXED FEE 194 of 321 Printed 3/9/2016 PREPARED BY THE CONSULTANT Bureau of Design and Environment (Rev. 11/19/15) AVERAGE HOURLY PROJECT RATES FIRM Stanley Consultants PSB DATE 03/09/16 PRIME/SUPPLEMENT Central Street Bridge Improvement SHEET 1 OF 5 PAYROLL AVG TOTAL PROJECT RATES Data Collection and EvaluaUtility and Permit CoordinTopographic Survey and S Environmental Studies Stakeholder Involvement HOURLY Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd CLASSIFICATION RATES Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Project Principal 70.00 0 Engineering Grp Man 70.00 0 Department Manager 69.92 542 23.22%16.24 4 7.69%5.38 4 5.88%4.11 8 40.00%27.97 38 27.14%18.98 Senior Engineer 54.15 444 19.02%10.30 4 7.69%4.17 16 23.53%12.74 6 30.00%16.24 4 100.00%54.15 38 27.14%14.70 Engineer 38.29 672 28.79%11.02 16 30.77%11.78 16 23.53%9.01 6 30.00%11.49 0 16 11.43%4.38 Engineer Intern II 34.21 348 14.91%5.10 16 30.77%10.53 16 23.53%8.05 0 Engineer Intern I 29.74 28 1.20%0.36 12 23.08%6.86 16 23.53%7.00 Sr Resident Project R 62.09 0 Resident Project Rep 45.17 0 Sr Construction Obse 36.54 0 Construction Observe 25.16 0 CAD/ Graphics Mana 51.10 68 2.91%1.49 16 11.43%5.84 Designer 42.09 200 8.57%3.61 32 22.86%9.62 Associate Designer 33.19 32 1.37%0.46 Sr Admin Assistant 24.19 0 Admin Assistant 23.31 0 Admin Services Mana 33.29 0 0 0 0 0 0 0 0 0 0 0 TOTALS 2334 100%$48.57 52 100.00%$38.71 68 100%$40.91 20 100%$55.70 4 100%$54.15 140 100%$53.51 195 of 321 Printed 3/9/2016 PREPARED BY THE CONSULTANT Bureau of Design and Environment (Rev. 11/19/15) ' AVERAGE HOURLY PROJECT RATES FIRM Stanley Consultants PSB DATE 03/09/16 PRIME/SUPPLEMENT Central Street Bridge Improvement SHEET 2 OF 5 PAYROLL AVG Crash and Safety Analysis Bridge Conditional Report Structural Type Study Type, Size and Location PlansPreliminary Bridge Design and Architectural Elements HOURLY Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd CLASSIFICATION RATES Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Project Principal 70.00 Engineering Grp Man 70.00 Department Manager 69.92 40 15.15%10.59 24 12.77%8.93 40 17.86%12.49 0 16 12.50%8.74 Senior Engineer 54.15 4 100.00%54.15 40 15.15%8.20 40 21.28%11.52 40 17.86%9.67 8 33.33%18.05 24 18.75%10.15 Engineer 38.29 0 80 30.30%11.60 80 42.55%16.29 80 35.71%13.67 16 66.67%25.53 40 31.25%11.96 Engineer Intern II 34.21 0 40 15.15%5.18 44 23.40%8.01 24 10.71%3.67 Engineer Intern I 29.74 Sr Resident Project R 62.09 Resident Project Rep 45.17 Sr Construction Obse 36.54 Construction Observ 25.16 CAD/ Graphics Mana 51.10 20 7.58%3.87 8 3.57%1.82 Designer 42.09 44 16.67%7.02 32 14.29%6.01 0 16 12.50%5.26 Associate Designer 33.19 0 32 25.00%8.30 Sr Admin Assistant 24.19 Admin Assistant 23.31 Admin Services Man 33.29 TOTALS 4 100%$54.15 264 100%$46.47 188 100%$44.75 224 100%$47.33 24 100%$43.57 128 100%$44.42 196 of 321 Printed 3/9/2016 PREPARED BY THE CONSULTANT Bureau of Design and Environment (Rev. 11/19/15) ' AVERAGE HOURLY PROJECT RATES FIRM Stanley Consultants PSB DATE 03/09/16 PRIME/SUPPLEMENT Central Street Bridge Improvement SHEET 3 OF 5 PAYROLL AVG Geometric Studies Traffic Management Plan Hydrualic Studies Cost Estimates Project Development Report Public 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 Project Principal 70.00 Engineering Grp Man 70.00 Department Manager 69.92 4 6.90%4.82 0 48 15.00%10.49 8 22.22%15.54 16 14.29%9.99 80 21.98%15.37 Senior Engineer 54.15 16 27.59%14.94 4 100.00%54.15 20 6.25%3.38 8 22.22%12.03 28 25.00%13.54 80 21.98%11.90 Engineer 38.29 26 44.83%17.16 0 132 41.25%15.79 20 55.56%21.27 44 39.29%15.04 72 19.78%7.57 Engineer Intern II 34.21 0 120 37.50%12.83 24 21.43%7.33 44 12.09%4.14 Engineer Intern I 29.74 Sr Resident Project R 62.09 Resident Project Rep 45.17 Sr Construction Obse 36.54 Construction Observ 25.16 CAD/ Graphics Mana 51.10 24 6.59%3.37 Designer 42.09 12 20.69%8.71 64 17.58%7.40 Associate Designer 33.19 Sr Admin Assistant 24.19 Admin Assistant 23.31 Admin Services Man 33.29 TOTALS 58 100%$45.63 4 100%$54.15 320 100%$42.49 36 100%$48.84 112 100%$45.90 364 100%$49.75 197 of 321 Printed 3/9/2016 PREPARED BY THE CONSULTANT Bureau of Design and Environment (Rev. 11/19/15) ' AVERAGE HOURLY PROJECT RATES FIRM Stanley Consultants PSB DATE 03/09/16 PRIME/SUPPLEMENT Central Street Bridge Improvement SHEET 4 OF 5 PAYROLL AVG Geotechnical Investigations Meetings and Coordination Administration and ManagemeQA/QC HOURLY Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd CLASSIFICATION RATES Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Project Principal 70.00 Engineering Grp Man 70.00 Department Manager 69.92 60 35.71%24.97 72 100.00%69.92 80 100.00%69.92 Senior Engineer 54.15 4 100.00%54.15 60 35.71%19.34 Engineer 38.29 28 16.67%6.38 Engineer Intern II 34.21 20 11.90%4.07 Engineer Intern I 29.74 Sr Resident Project R 62.09 Resident Project Rep 45.17 Sr Construction Obse 36.54 Construction Observ 25.16 CAD/ Graphics Mana 51.10 Designer 42.09 Associate Designer 33.19 Sr Admin Assistant 24.19 Admin Assistant 23.31 Admin Services Man 33.29 TOTALS 4 100%$54.15 168 100%$54.76 72 100%$69.92 80 100%$69.92 0 0%$0.00 0 0%$0.00 198 of 321 PRINTED 3/8/2016 BDE 436 (Rev. 09/30/13) COMPANY NAME: PTB NUMBER: TODAY'S DATE: ITEM ALLOWABLE UTILIZE W.O. ONLY QUANTITY J.S. ONLY CONTRACT RATE TOTAL Per Diem (per GOVERNOR’S TRAVEL CONTROL BOARD)Up to state rate maximum $0.00 $0.00 Lodging (per GOVERNOR’S TRAVEL CONTROL BOARD)Actual cost (Up to state rate maximum)$0.00 $0.00 Air Fare Coach rate, actual cost, requires minimum two weeks' notice, with prior IDOT approval $0.00 $0.00 Vehicle Mileage (per GOVERNOR’S TRAVEL CONTROL BOARD)Up to state rate maximum 1,050 $0.54 $567.00 Vehicle Owned or Leased $32.50/half day (4 hours or less) or $65/full day $32.50 $0.00 Vehicle Rental Actual cost (Up to $55/day)$0.00 $0.00 Tolls Actual cost $0.00 $0.00 Parking Actual cost $0.00 $0.00 Overtime Premium portion (Submit supporting documentation)$0.00 $0.00 Shift Differential Actual cost (Based on firm's policy)$0.00 $0.00 Overnight Delivery/Postage/Courier Service Actual cost (Submit supporting documentation)$0.00 $0.00 Copies of Deliverables/Mylars (In-house)Actual cost (Submit supporting documentation)5,000 $0.13 $650.00 Copies of Deliverables/Mylars (Outside)Actual cost (Submit supporting documentation)$0.00 $0.00 Project Specific Insurance Actual cost $0.00 $0.00 Monuments (Permanent)Actual cost $0.00 $0.00 Photo Processing Actual cost $0.00 $0.00 2-Way Radio (Survey or Phase III Only)Actual cost $0.00 $0.00 Telephone Usage (Traffic System Monitoring Only)Actual cost $0.00 $0.00 CADD Actual cost (Max $15/hour)$0.00 $0.00 Web Site Actual cost (Submit supporting documentation)$0.00 $0.00 Advertisements Actual cost (Submit supporting documentation)2 $500.00 $1,000.00 Public Meeting Facility Rental Actual cost (Submit supporting documentation)2 $1,000.00 $2,000.00 Public Meeting Exhibits/Renderings & Equipment Actual cost (Submit supporting documentation)20 $25.00 $500.00 Recording Fees Actual cost $0.00 $0.00 Transcriptions (specific to project)Actual cost $0.00 $0.00 Courthouse Fees Actual cost $0.00 $0.00 Storm Sewer Cleaning and Televising Actual cost (Requires 2-3 quotes with IDOT approval)$0.00 $0.00 Traffic Control and Protection Actual cost (Requires 2-3 quotes with IDOT approval)1 $1,095.00 $1,095.00 Aerial Photography and Mapping Actual cost (Requires 2-3 quotes with IDOT approval)$0.00 $0.00 Utility Exploratory Trenching Actual cost (Requires 2-3 quotes with IDOT approval)$0.00 $0.00 Testing of Soil Samples*Actual cost $0.00 $0.00 Lab Services*Actual cost (Provide breakdown of each cost)$0.00 $0.00 Specialized Equipment Rental* - Snooper UB-40 Actual cost (Equipment Rental Company)1 $4,200.00 $4,200.00 Thermography Actual cost (AECOM)1 $9,376.00 $9,376.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL DIRECT COST $19,388.00 *If other allowable costs are needed and not listed, please add in the above spaces provided. LEGEND W.O. = Work Order J.S. = Job Specific Stanley Consultants Inc. Central Street Bridge Improvements 3/8/2016 Direct Costs Check Sheet 199 of 321 TRAFFIC CONTROL & PROTECTION, INC. 31 W 351 North Av. West Chicago, IL 60185 Ph: (630) 293-0026 Fax: (630) 293-0029 Rental Quote Company: Address:Shipped VIA: F.O.B. Attn:Terms: Phone: Email: Qty Days Price UN AMOUNT 1 1 Equipment Lump Sum:95.00 per day $95.00 1 Arrow Board 1 Road Construction Ahead sign on temp stand 1 Right Lane Closed Ahead sign on temp stand 1 15 6 Sand Bags 1 1 375.00 Lump Sum $375.00 Date & Time: TBD (Weekday, Daytime) Central St over the North Shore Channel (west of Ridge Ave) Evanston, IL 1 1 Return and Flip Closure to W/B Side 250.00 Lump Sum $250.00 1 1 375.00 Lump Sum $375.00 Date & Time: TBD (Weekday, Daytime) * JULIE Location & Permanent installation of signage * Temporary / Permanent Striping Installation or Removal * Flagging Operation * Surveillance * Attenuator Truck $1,095.00 Comments: to multiple locations will be charged T&M per man hour. * A minimum of 3 business days from order confirmation to delivery / setup is required or an emergency startup fee may be added to the final invoice. * An additional administration fee will be levied if customer requires TCP to sign any type of subcontractor agreement. * TCP will provide a certificate of insurance upon request, but will not add customers as additionally insured. * The customer is to obtain and pay for any and all necessary permits and licenses. TCP does not provide this service. Date: PO #: Customer Signature: Thank you for your this opportunity to quote your traffic control needs! This quote does not provide for the following: SchneiderPaul@stanleygroup.com DESCRIPTION Urban Single Lane Closure (Per IDOT Std 701606-10) Chicago, IL 60631 West Chicago Paul Schneider Net 30 Days 847 975 3041 Stanley Consultants Quoted By: Collin Doud 8501 W Higgins Rd Our Truck Quote Date 3/3/2016 If any of the above is needed, a separate quote will be provided upon request. All traffic control equipment to meet IDOT & MUTCD standards Men Working Symbol sign on temp stand Traffic Cone Same location Delivery & Initial Setup of Right Lane Closure on E/B Side * The customer will be charged for any damaged or missing equipment at it's full replacement value. * Unless specified above, delivery / pickup is to / from 1 single location (stacked). Setup / take down onsite, or deliveries / pickups Total Take Down and Pick Up * This quote is valid for 90 days after which it is subject to change without notice. * Please sign below to confirm your order and if using a PO #, please provide that as well. 200 of 321 EEQUIPMENT RRENTAL CCOMPANY 4788 1st Avenue North Duluth, MN 55803 (218) 728-4441 (800) 925-8609 Fax (218) 728-6816 www.equipmentrentalco.com March 4, 2016 schneiderpaul@stanleygroup.com STANLEY GROUP ATTN: Paul Schneider RE: Evanson, IL Paul, Thank you for your call regarding the rental of our UB40 bridge inspector. Includes; unit, operator, operators lodging and per diem, job site fuel and total mobilization port to port. RATE: One day, 8 hours, @... $4,200.00 OT for hours over 8 per day, @... $100.00 Please be aware that units are subject to availability and may require a purchase order to hold. If I can answer any questions, or you have changes, please call me @ 1800-925-8609. Sincerely, EQUIPMENT RENTAL COMPANY William Raymond WRR:jr AERIAL UNITS DIGGER DERRICK UNITS TRUCK & SERVICE CRANES CUSTOM TOOL BOXES FIBERGLASS UTILITY BODIES WINCHES TRUCK ACCESSORI ES Sales Service Rentals 201 of 321 AECOM Thermography 202 of 321 203 of 321 204 of 321 205 of 321 206 of 321 207 of 321 208 of 321 Environmental Design International, Inc. 209 of 321 33 W. Monroe St.,Suite 1825 Chicago, Illinois 60603 phone: 312.345.1400 fax: 312.345.0529 www.envdesigni.com Stanley Consultants March 8, 2016 8501 W Higgins Rd, Chicago, IL 60631 ATTN: Mr. Sagar R. Sonar, PE, PTOE Senior Engineer Subject: Central Street Bridge Replacement RFQ Evanston, Illinois Dear Mr. Sonar, Following is an Agreement for professional surveying services for the above-referenced project. The Scope of Services (hereinafter the “Services”) and fee estimate are based on the information provided by Stanley Consultants and prior experience on similar projects. Assumptions 1. No stream profile will be surveyed. 2. Vertical Datum will be NAVD 88, derived form differential leveling from a known NGS benchmark. A conversion to City of Evanston datum will be derived from differential leveling for the project. 3. Trees will be tagged and located by Consultant and identified by others. 4. A project description for the bridge work and a drawing showing the extent of work and extent of impacts to the banks of the North Shore Channel and to the golf course and property limits (and ownership) will be provided at or prior to Notice to Proceed. 5. A description of alternatives being considered including no action alternative will be provided at or prior to Notice to Proceed. Scope of Work Stanley Consultants (Client) desires to retain Environmental Design International inc. (Consultant) to perform surveying services for the above referenced project, which shall be considered an improvement to the premises. Upon acceptance of this Agreement Consultant will perform the following Services: Topographic Survey and Stream Cross Sections Limits: See attached Exhibit for approximate location of Cross Sections (blue) and approximate limits of Topographic Survey (green). Datum: 1. The horizontal datum will be Illinois State Plane East Zone, NAD83(2011), GPS derived. 2. The vertical datum will be NAVD 88 by differential leveling. Minimum Standards: The Topographic Survey will conform to the current Illinois Minimum Standards for a Topographic Survey per Administrative Code Section 1270.56: http://www.ilga.gov/commission/jcar/admincode/068/068012700000560R.html. Professional Surveyors Licensed in IL, IN, PR 210 of 321 Mr. Sagar R. Sonar, PE, PTOE March 8, 2016 Page 2 Planimetrics: 1. All visible planimetric features within the survey area will be located, weather permitting. 2. Snow, leaf or debris cover at time of survey may prevent location of all features. If required, clearing/removal is the full responsibility of Client. If Consultant is needed to provide clearing/removal services or to make return visits to the site to locate previously covered features, the work will be considered “out-of-scope” and a supplement amount will have to be approved before working on any on these tasks. Elevations: 1. Ground elevations will be surveyed on an approximate 50-foot grid and roadway cross sections will be surveyed at a 50-foot interval extending 10 feet past the apparent ROW of Central Street on both sides. 2. Floodplain Cross Sections will be surveyed at both faces of Central Street Bridge, Lincoln Street Bridge and the Upstream Railroad Bridge, and at 265 feet more or less north of the north face of Central Street Bridge and 390 feet more or less south of the south face of Central Street Bridge. 3. At Central Street Bridge locations of deck, parapet walls, piers, abutments, low steel or low concrete, beams and any attached utilities will be provided. 4. At Upstream Railroad Bridge and Lincoln Ave Bridge, only the openings will be defined and any obstructions to the flow (piers, etc.) will be located. Nothing will be defined or located in top of the structures. 5. Contours will be generated at one foot intervals for the topographic survey only. Utilities: 1. Aboveground and underground utilities are a part of this survey and visible evidence of existing utility services will be located. 2. Below rim information (inverts, pipe sizes, material and direction) will be provided for all located sewer and water structures. 3. Client will be responsible for providing all private public utility information that is to be depicted on the survey. 4. Source information from plans and markings will be combined with observed evidence of utilities to develop a view of the underground utilities. However, lacking excavation, the exact location of underground features cannot be accurately, completely and reliably depicted. In addition, in some jurisdictions, 811 or other similar utility locate requests from surveyors may be ignored or result in an incomplete response, in which case Consultant shall note on the plat how this affected Consultant’s assessment of the location of the utilities. Where additional or more detailed information is required, Client is advised that excavation and/or a private utility locate may be necessary. Vegetation: 1. All trees over 6 inch caliper and shrubs over 1.5 feet in height will be located. 2. The trees will be identified as either coniferous or deciduous and will include the assigned Tag number. Bushes will be identified as such. 211 of 321 Mr. Sagar R. Sonar, PE, PTOE March 8, 2016 Page 3 Deliverables: 1. Consultant will provide six (6) paper copies and an electronic copy of the Survey depicting the above detailed survey items in the following format: a. Provided in MicroStation format. b. IDOT standard border. c. IDOT CAD Standards. d. Scale: 1” = 40’ or as appropriate. e. Sheet Size: 24” x 36” or as appropriate, and f. One (1) foot contour intervals. 2. Cross sections, profiles, DTM or other details are not a part of this proposal. Environmental Survey Request Consultant will prepare the Environmental Survey Request form with assistance from the client, including project maps from National Wetland Inventory (NWI) and Flood Insurance Rate Maps (FIRM). Consultant will request the EcoCAT from IDNR for Illinois threatened and endangered species and nature preserves. The special waste screening will require database searches of State UST, State LUST, SRP and Brownfields Cleanup, Federal NPL and CERCLIS, RCRA facilities, and ERNS. Consultant will order Sanborn maps and aerial photographs as historical records. A Consultant environmental scientist will conduct a site visit (combined with the 4(f) Evaluation). This ESR assumes that a PESA will not be required. A complete PESA will require additional investigation (scope and budget). 4(F) Evaluation Consultant will work with Client to identify impacts to the park land for the 4(F) Evaluation. An individual 4(f) evaluation documents the evaluation of the proposed use of the Section 4(f) property in the project area of all alternatives. Client will provide the project alternatives and proposed action, and sample Individual 4(f) Evaluation. If it is determined that the project would not adversely affect the activities, features, or attributes qualifying the recreation area for protection under Section 4(f), then the project would be a de minimis impact to Section 4(f) property. A de minimis impact may be made for a permanent incorporation or temporary occupancy of Section 4(f) property (permanent change or occupancy for construction). The “Develop Individual Section 4(f) Evaluation” would include • Document 4(f) property uses and how alternatives would affect property; • Coordination the stakeholders (MWRD, City of Evanston) • FHWA coordination to identify property as 4(f) and 4(f) impact type. Develop individual Section 4(f) Evaluation (or de minimis, requiring fewer work hours) • Alternatives Analysis (alternatives provided by the client) • Draft Individual Section 4(f) Evaluation • FWHA coordination on draft • Final Individual Section 4(f) Evaluation Wetlands Evaluation Consultant will provide a wetland specialist to review the National Wetland Inventory Map and other available map resources (NRCS) for on line wetland map records. The wetland specialist 212 of 321 Mr. Sagar R. Sonar, PE, PTOE March 8, 2016 Page 4 will visit the project site to determine if wetlands are present within the Environmental Survey Request limits (drawing to be provided by the client). Consultant does believe a 404 Permit will be needed for this project due to the navigable waterway, therefore, a wetland evaluation and delineation will be needed for this project. The wetland specialist will review: 1) Hydrophytic vegetation; 2) Hydric soils; and 3) Wetland hydrology. The best time to determine hydrophytic vegetation is between the months of May and November. Wetlands Delineation If wetland characteristics are determined present within the ESR limits, a wetland delineation will be performed by Consultant and staked with wooden stakes in the field. Consultant will prepare a report that describes the wetland evaluation and if appropriate the wetland delineation. If appropriate a wetland impact evaluation (WIE) form will be completed per IDOT requirements. The wetland delineation will not include 404 permitting or coordination with the U.S. Army Corps of Engineers. Crash Analysis Five years of crash reports from IDOT (or the City) will be reviewed, crash diagrams will be prepared, and countermeasures that will reduce the number of crashes will be identified in written text per the Highway Safety Manual. Transportation Management Plan (TMP) The roadway traffic maintenance plan for the structure rehabilitation will be prepared, with staged construction assumed (no detour). Staged construction exhibits to be prepared by Client. Work Zone Safety and Mobility Goals will be established, with a queuing analysis performed. Process exception to the Work Zone Safety and Mobility Rule, if applicable. Additional/Changed Services If, during the course of Consultant's work, it becomes necessary for Client to alter the project Services in any way whatsoever, Consultant shall notify Client whether such alteration constitutes a departure from the agreed Services. The compensation and time for completion shall be adjusted, if necessary, to reflect such change in a manner to be negotiated between Client and Consultant prior to the performance of any changed or additional work by Consultant. Consultant shall not provide additional services for the project unless authorized in writing by Client. 213 of 321 Printed 3/8/2016 Bureau of Design and Environment (Rev. 11/19/15) PAYROLL ESCALATION TABLE FIXED RAISES FIRM NAME Environmental Design International DATE 03/08/16 PRIME/SUPPLEMENT Stanley Consultants 0.00 PTB NO.16-08 CONTRACT TERM 12 MONTHS OVERHEAD RATE 140.53% START DATE 9/1/2016 COMPLEXITY FACTOR 0 RAISE DATE 7/1/2017 % OF RAISE 3.00% ESCALATION PER YEAR 9/1/2016 -7/1/2017 7/2/2017 -9/1/2017 10 2 12 12 =83.33%17.17% =1.0050 The total escalation for this project would be:0.50% 214 of 321 Printed 3/8/2016 PREPARED BY THE CONSULTANT Bureau of Design and Environment (Rev. 11/19/15) PAYROLL RATES FIRM NAME Environmental Design InDATE 03/08/16 PRIME/SUPPLEMENT Stanley Consultants PSB NO.16-08 ESCALATION FACTOR 0.50% CLASSIFICATION CURRENT RATE CALCULATED RATE Program Manager $58.90 $59.19 PLS $38.00 $38.19 Project Surveyor $34.00 $34.17 Survey Crew Chief $29.00 $29.15 Instrument Person $18.63 $18.72 CADD Technician $30.75 $30.90 Task Manager $50.48 $50.73 Environmental Scientist II $27.06 $27.20 Senior Environmental Scient $49.52 $49.77 Project Manager $71.09 $71.45 Engineer III $57.73 $58.02 Engineer II $37.31 $37.50 Engineer I $25.49 $25.61 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 215 of 321 Printed 3/8/2016 PREPARED BY THE CONSULTANT Bureau of Design and Environment (Rev. 11/19/15) COST ESTIMATE OF CONSULTANT SERVICES FIRM Environmental Design International DATE 03/08/16 PSB 16-08 OVERHEAD RATE 1.4053 PRIME/SUPPLEMENT Stanley Consultants COMPLEXITY FACTOR 0 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) DBE Project Management 12 542.30 762.09 200.65 1,505.04 1,505.04 2.78% DBE Control 45 1,161.28 1,631.94 162.50 429.67 3,385.39 3,385.39 6.26% DBE Stream Cross Sections 94 2,599.89 3,653.63 310.00 961.96 7,525.49 7,525.49 13.91% DBE Topographic Survey 164 4,554.70 6,400.72 390.00 1,685.24 13,030.66 13,030.66 24.09% DBE Structures 57 1,617.02 2,272.41 130.00 598.30 4,617.73 4,617.73 8.54% DBE Section 4(f) Evaluation 24 816.16 1,146.95 227.00 301.98 2,492.09 2,492.09 4.61% DBE Wetlands Evaluation 34 1,246.44 1,751.62 32.40 461.18 3,491.65 3,491.65 6.46% DBE Wetlands Delineation 40 1,454.76 2,044.37 32.40 538.26 4,069.79 4,069.79 7.52% DBE Environmental Survey Re 24 837.12 1,176.41 350.00 309.74 2,673.27 2,673.27 4.94% DBE Crash Reports 32 1,081.98 1,520.50 400.33 3,002.81 3,002.81 5.55% DBE Traffic Management Plan 80 2,987.44 4,198.25 1,105.35 8,291.04 8,291.04 15.33% Subconsultant DL 0.00 0.00 0.00% TOTALS 606 18,899.10 26,558.90 1,634.30 6,992.67 0.00 0.00 54,084.96 54,084.96 100.00% DBE 100.00% DBE COST PLUS FIXED FEE 216 of 321 Printed 3/8/2016 PREPARED BY THE CONSULTANT Bureau of Design and Environment (Rev. 11/19/15) AVERAGE HOURLY PROJECT RATES FIRM Environmental Design International PSB 16-08 DATE 03/08/16 PRIME/SUPPLEMENT Stanley Consultants SHEET 1 OF 5 PAYROLL AVG TOTAL PROJECT RATES Project Management Control Stream Cross Sections Topographic Survey Structures 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 Program Manager 59.19 10 1.65%0.98 4 33.33%19.73 1 2.22%1.32 2 2.13%1.26 2 1.22%0.72 1 1.75%1.04 PLS 38.19 34 5.61%2.14 8 66.67%25.46 2 4.44%1.70 8 8.51%3.25 10 6.10%2.33 6 10.53%4.02 Project Surveyor 34.17 20 3.30%1.13 2 4.44%1.52 8 8.51%2.91 8 4.88%1.67 2 3.51%1.20 Survey Crew Chief 29.15 116 19.14%5.58 20 44.44%12.95 32 34.04%9.92 48 29.27%8.53 16 28.07%8.18 Instrument Person 18.72 116 19.14%3.58 20 44.44%8.32 32 34.04%6.37 48 29.27%5.48 16 28.07%5.26 CADD Technician 30.90 114 18.81%5.81 12 12.77%3.95 48 29.27%9.05 16 28.07%8.67 Task Manager 50.73 22 3.63%1.84 Environmental Scient 27.20 72 11.88%3.23 Senior Environmenta 49.77 22 3.63%1.81 Project Manager 71.45 2 0.33%0.24 Engineer III 58.02 18 2.97%1.72 Engineer II 37.50 30 4.95%1.86 Engineer I 25.61 30 4.95%1.27 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 606 100%$31.19 12 100.00%$45.19 45 100%$25.81 94 100%$27.66 164 100%$27.77 57 100%$28.37 217 of 321 Printed 3/8/2016 PREPARED BY THE CONSULTANT Bureau of Design and Environment (Rev. 11/19/15) ' AVERAGE HOURLY PROJECT RATES FIRM Environmental Design International PSB 16-08 DATE 03/08/16 PRIME/SUPPLEMENT Stanley Consultants SHEET 2 OF 5 PAYROLL AVG Section 4(f) Evaluation Wetlands Evaluation Wetlands Delineation Environmental Survey Reques Crash Reports Traffic Management Plan 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 Program Manager 59.19 PLS 38.19 Project Surveyor 34.17 Survey Crew Chief 29.15 Instrument Person 18.72 CADD Technician 30.90 6 25.00%7.73 11 34.38%10.62 21 26.25%8.11 Task Manager 50.73 6 25.00%12.68 6 17.65%8.95 6 15.00%7.61 4 16.67%8.46 Environmental Scient 27.20 12 50.00%13.60 20 58.82%16.00 24 60.00%16.32 16 66.67%18.13 Senior Environmenta 49.77 8 23.53%11.71 10 25.00%12.44 4 16.67%8.29 Project Manager 71.45 2 2.50%1.79 Engineer III 58.02 3 9.38%5.44 15 18.75%10.88 Engineer II 37.50 9 28.13%10.55 21 26.25%9.84 Engineer I 25.61 9 28.13%7.20 21 26.25%6.72 TOTALS 24 100%$34.01 34 100%$36.66 40 100%$36.37 24 100%$34.88 32 100%$33.81 80 100%$37.34 218 of 321 Interra 219 of 321 600 Territorial Drive, Suite G Bolingbrook, IL 60440 p: 630-754-8700 f: 630-754-8705 Page No. 1 www.interraservices.com Proposal No. 3469R1 3/7/2016 Mr. Sagar R. Sonar, P.E., PTOE Stanley Consultants 8501 West Higgins Road, Suite 730 Chicago, IL 60631 PROPOSAL Geotechnical Investigation Services Central Street Bridge Replacement/Rehabilitation Project Evanston, Illinois Dear Mr. Sonar: Interra, Inc. (INTERRA) is pleased to submit this proposal to perform to geotechnical subsurface soil exploration for the above referenced project in Evanston, Illinois. Proposed Scope of Work Our scope of work includes locating and drilling four (4) borings. Three (3) borings (B1 through B3) will be drilled to a depth of approximately 100 feet each. One boring (B4) will be drilled up to a depth of 50 feet. The location of the borings will be finalized upon consultation with the client. The location of the borings will be adjusted based on field conditions, accessibility and utility conflicts. We anticipate closing of lanes for two days while drilling borings B1 and B2. Also, we do anticipate some tree removal based on the proposed location of borehole B3. Please refer to the attachment for the proposed locations. The borings will be drilled with an ATV-mounted drill rig. Soil sampling in the borings will be performed in general accordance with American Society for Testing and Materials (ASTM) standards, D 1586 “Penetration Test and Split Barrel Sampling of Soils”. Observation for groundwater will be made during and immediately after the completion of the drilling. If site conditions permit, 24-hour water level readings will be recorded prior to backfilling the boreholes. After the completion of the drilling, the boreholes will be grouted. Where required, the surface will be patched with asphalt or concrete to match surrounding elevations. It is assumed that any permits required for performing the drilling and permissions to access 220 of 321 221 of 321 222 of 321 Payroll Escalation Table Fixed Raises FIRM NAME Interra, Inc.DATE 03/07/16 PRIME/SUPPLEMENT Stanley Consultants 0.00 PTB NO.Central St. Bridge CONTRACT TERM 12 MONTHS OVERHEAD RATE 164.30% START DATE 4/1/2016 COMPLEXITY FACTOR 0 RAISE DATE 1/1/2017 % OF RAISE 3.00% ESCALATION PER YEAR 4/1/2016 -1/1/2017 1/1/2017 -12/31/2017 1/1/2017 -12/31/2017 12/31/2018 4 8 0 0 12 12 12 12 =33.33%68.67%0.00% =1.0200 The total escalation for this project would be:2.00% Printed 3/7/2016, 3:54 PM Page 1 BDE 025 (Rev. 11/06) 223 of 321 Payroll Rates FIRM NAME Interra, Inc.DATE 03/07/16 PRIME/SUPPLEMENT Stanley Consultants PTB NO.Central St. Bridge ESCALATION FACTOR 2.00% CLASSIFICATION CURRENT RATE ESCALATED RATE Professional Engineer $70.00 $70.00 Project Manager $60.09 $61.29 Project Geologist $25.00 $25.50 Staff Engineer $26.00 $26.52 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Printed 3/7/2016 Page 2 BDE 025 (Rev. 11/06) 224 of 321 Cost Estimate of Consultant Services (CPFF) Firm Interra, Inc.Date 03/07/16 Route Central St. Bridge Section Overhead Rate 164.30% County Cook County Job No.Complexity Factor 0 PTB & Item Central St. Bridge DBE Overhead In-House Fixed Outside Services DBE % of Drop Item Manhours Payroll &Direct Fee Direct By Total Total Grand Box Fringe Benefits Costs Costs Others Total (A)(B)( C )(D)(E)(F)(G)(B+C+D+E+F+G)(B+C+D+E+F+G) DBE Project Management 4 245.17 402.81 90.71 738.69 738.69 2.07% DBE Field Engineering 40 1,020.00 1,675.86 377.40 3,073.26 3,073.26 8.62% DBE Geotechnical Report 40 2,061.33 3,386.76 4,949.00 762.69 20,700.00 31,859.78 31,859.78 89.31% TOTALS 84 3,326.49 5,465.43 4,949.00 1,230.80 20,700.00 0.00 35,671.73 35,671.73 100.00% DBE 100.00% Printed 3/7/2016 Page 3 BDE 025 (Rev. 11/06)225 of 321 ' Average Hourly Project Rates Route Central St. Bridge Section County Cook County Consultant Interra, Inc.Date 03/07/16 Job No. PTB/Item Central St. Bridge Sheet 1 OF 1 Payroll Avg Total Project Rates Project Management Field Engineering Geotechnical Report 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 Professional Engineer 70.00 20 23.81%16.67 20 50.00%35.00 Project Manager 61.29 8 9.52%5.84 4 100.00%61.29 4 10.00%6.13 Project Geologist 25.50 48 57.14%14.57 40 100.00%25.50 8 20.00%5.10 Staff Engineer 26.52 8 9.52%2.53 8 20.00%5.30 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 84 100%$39.60 4 100%$61.29 40 100%$25.50 40 100%$51.53 0 0%$0.00 0 0%$0.00 Printed 3/7/2016 Page 4 BDE 025 (Rev. 11/06)226 of 321 Firm Name:Interra, Inc.PTB/Item No: Traffic Control & Tree Removal Actual Cost $2,000.00 1.00 $2,000.00 Drilling Actual Cost $4,300.00 4.00 $17,200.00 Grouting & Borehole Backfill Actual Cost $375.00 4.00 $1,500.00 Moisture Content and Penetrometer Actual Cost $16.00 94.00 $1,504.00 Unconfined Compressive Strength Actual Cost $80.00 8.00 $640.00 Atterberg Limits Actual Cost $130.00 8.00 $1,040.00 Grainsize Analysis with Hydrometer Actual Cost $180.00 8.00 $1,440.00 Vehicle Days Up to State Rate Maximum $65.00 5.00 $325.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL $25,649.00 1) Used to determine upper limit of compensation for direct cost. Unless maximum is specified under allowable, bill at actual cost. Direct Costs Check Sheet Central Street Bridge REQUIRED – DIRECT COSTS WILL ONLY BE ACCEPTED FOR INCLUSION IN CONTRACT WHEN DOCUMENTED ON THIS FORM. (Indicate only rate and quantities for this specific project.) Item Allowable Contract (1) Rate Quantity (n/a for work orders) Total 227 of 321 RFQ 16-08, Central Street Bridge Engineering Services, M/W/EBE Memo 03.28.2016 To: David Stoneback, Public Work Agency Director Lara Biggs, Bureau Chief – Capital Planning / City Engineer Sat Nagar, P.E., Senior Project Manager From: Tammi Turner, Purchasing Manager Subject: Central Street Bridge Engineering Services, RFQ 16-08 Date: March 28, 2016 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 contracto rs utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to the recommendation for Central Street Bridge Engineering Services, RFQ 16-08, Stanley Consultants, Inc.’s total base bid is $438,008.49, and they will receive 20% credit for compliance towards the initial M/W/EBE goal. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Interra Inc. 600 Territorial Dr., Suite G Bolingbrook, IL 60440-5132 Engineering Services $35,671.73 8% X Environmental Design, Inc. 33 W . Monroe St. Suite 1825 Chicago, IL 60603 Environment Consulting $54,084.96 12% X Total M/W/EBE $89,756.69 20% CC: Martin Lyons, Assistant City Manager/CFO Memorandum 228 of 321 For City Council meeting of April 25, 2016 Item A6 Resolution 30-R-16: Easement Agreement with Northwestern University 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: Northwestern University Utility Easement - Chicago Avenue Date: April 25, 2016 Recommended Action: Staff recommends City Council adopt Resolution 30-R-16 authorizing the City Manager to grant an easement for chilled water pipe installation on Chicago Avenue to Northwestern University. The easement would be granted for a 50 year period. Funding Source: No City funding is required for this utility crossing. Northwestern University will fund the project and will be assessed a one-time easement fee of $58,035.21. Summary: Northwestern University (NU) has scheduled an expansion of their chilled water distribution system to provide cooling to NU buildings west and south of Sheridan Road and Chicago Avenue. This easement is necessary to construct the proposed utility across the Chicago Avenue right of way north of Clark Street. Exhibit 1 is the proposed easement agreement between the City and NU. As depicted on Exhibit 1, the size of the easement area is 1,000 square feet. The cost of the easement on City right of way is proposed to be established at $0.665 per square foot in 2016 and increase 2% per year throughout the term of the easement. NU will be assessed the total easement fee for the 50-year period at the time the easement agreement is executed. Attachments: Resolution 30-R-16 Easement Agreement (Exhibit 1) Plat of Easement with Legal Description (Exhibit A) Memorandum 229 of 321 4/13/2016 30-R-16 A RESOLUTION Authorizing the City Manager to Grant an Easement for Chilled Water Pipe Installation on Chicago Avenue NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Manager is hereby authorized and directed to sign an Easement Agreement (the “Agreement”) by and between the City and Northwestern University for the City to grant an easement for the installation of chilled water pipes below ground on Chicago Avenue, north of Clark Street. The Agreement is attached hereto as Exhibit 1 and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of said Agreement that he deems to be in the best interests of the City. SECTION 3: This resolution shall be in full force and effect from and after its passage and approval, in the manner provided by law. ______________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2016 230 of 321 30-R-16 - 2 - EXHIBIT 1 EASEMENT AGREEMENT 231 of 321 GRANT OF NON-EXCLUSIVE PUBLIC UTILITY EASEMENT In consideration of the payment of the easement fee in the amount of Fifty-Eight Thousand Thirty-Five and 21/100 Dollars ($58,035.21) and other good and valuable consideration (“Easement Fee”), the receipt of which hereby is acknowledged, THE CITY OF EVANSTON, of the State of Illinois, County of Cook and its successors, assignees and transferees (all hereinafter referred to as "Grantor"), hereby grants to NORTHWESTERN UNIVERSITY, of the State of Illinois, County of Cook and its successors, assignees and transferees (all hereinafter referred to as "Grantee") a non-exclusive permanent easement for a period of fifty (50) years (“Easement Term”) for the purpose of the installation of chilled water service pipes and appurtenances in, over, upon, through, along, across and under the following described real estate, with an area of approximately 1,000.0 sq. ft. as described below: A Public Utility Easement, A 10.00 foot Utility Easement below ground level not to exceed a maximum depth of 9.00 feet (as measured from the existing centerline of Sheridan Road) of that part of Sheridan Road described as follows: Commencing at the Northeasterly corner of Chicago Avenue and Clark Street; thence North 19˚20’37” East on an assumed bearing along the Easterly line of Chicago Avenue a distance of 224.08 feet to the point of beginning; thence continuing North 19˚20’37” East along said last described line a distance of 10.00 feet; thence North 70˚39’23” West a distance of 100.00 feet to the Westerly line of said Chicago Avenue; thence South 19˚20’37” West along said last described line a distance of 10.00 feet; thence South 70˚39’23” East a distance of 100.00 feet to the point of beginning, in Cook County, Illinois. situated in the County of Cook, State of Illinois and at Chicago Avenue north of Clark Street and hereby releases and waives all right under and by virtue of the Homestead Exemption Laws of the State of Illinois. The above-described real estate and improvements located thereon are herein referred to as the “Premises.” Attached as Exhibit A is the Plat of Easement depicting said Easement on the Premises and contains the legal description for said Easement. Grantor hereby grants, conveys, warrants and dedicates to the Grantee, its agents, servants, employees, its successors and assigns, a non-exclusive public utilities easement to survey, construct, reconstruct, use, operate, maintain, test, inspect, repair, or alter the chilled water services pipe(s) and related appurtenances and to inspect and make alterations to the above describe systems, both only in consultation with the City of Evanston’s Public Works Agency and any and all of parameters and restrictions on said use described, in, over, upon, thru, along, across and under the Premises together with related attachments, equipment and appurtenances thereto (collectively “Public Utilities”) in upon, under, along and across the Premises, with the right of access thereto, including all reasonable rights of ingress and egress across any adjoining lands of Grantor necessary for the exercise of the rights herein granted. Grantor shall have and retain all rights to use and occupy the premises and access to Grantor’s remaining property, except as herein expressly granted; provided, however, Grantor’s use and 232 of 321 Utility Easement – Chilled Water Pipes – Chicago Avenue occupation of the premises may not interfere with Grantee’s use of the premises for the purposes herein described. Grantor, without limiting the interest above granted and conveyed, acknowledges that upon payment of the agreed consideration, all claims arising out of the above acquisition have been settled, including without limitation, any diminution in value to any remaining property of the Grantor caused by opening, improving, and using the premises for highway purposes. This acknowledgment does not waive any claim for trespass or negligence against the Grantee or Grantee’s agents which may cause damage to Grantor’s remaining property. This grant shall constitute a covenant, which runs with the land, and shall be binding upon the legal representatives, successors and assigns of Grantor. Dated this day of ,2016. GRANTOR: City Manager, Wally Bobkiewicz By: Signature ATTEST: By: Signature City Clerk, Rodney Greene STATE OF ILLINOIS ) ) ss. COUNTY OF COOK ) I, , a Notary Public in and for said County and State aforesaid, DO HEREBY CERTIFY that Wally Bobkiewicz, City Manager of the City of Evanston who is personally know to me to be the same person whose name is subscribed to the foregoing instrument as such, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act for the uses and purposes therein set forth. Given under by hand and notarial seal this day of , 2016 Notary Public GRANTEE: 233 of 321 Utility Easement – Chilled Water Pipes – Chicago Avenue Facilities Management Operations, Charles Davidson By: Signature STATE OF ILLINOIS ) ) ss. COUNTY OF COOK ) I, , a Notary Public in and for said County and State aforesaid, DO HEREBY CERTIFY that Charles Davidson, Facilities Management Operations who is personally know to me to be the same person whose name is subscribed to the foregoing instrument as such, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act for the uses and purposes therein set forth. Given under by hand and notarial seal this day of , 2016 Notary Public 234 of 321 Utility Easement – Chilled Water Pipes – Chicago Avenue EXHIBIT A PLAT OF EASEMENT 235 of 321 236 of 321 For City Council meeting of April 25, 2016 Item A7 Resolution 31-R-16: Easement Agreement with Northwestern University 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: Northwestern University Utility Easement - Emerson Street Date: April 25, 2016 Recommended Action: Staff recommends City Council adopt Resolution 31-R-16 authorizing the City Manager to grant an easement for chilled water pipe installation on Emerson Street to Northwestern University. The easement would be granted for a 50 year period. Funding Source: No City funding is required for this utility crossing. Northwestern University will fund the project and will be assessed a one-time easement fee of $152,266.98. Summary: Northwestern University (NU) has scheduled an expansion of their chilled water distribution system to provide cooling to NU buildings south of Emerson Street and west of Chicago Avenue. This easement is necessary to construct the proposed utility along the Emerson Street right of way west of Sheridan Road. Exhibit 1 is the proposed easement agreement between the City and NU. As depicted on Exhibit 1, the size of the easement area is 2,623.7 square feet. The cost of the easement on City right of way is proposed to be established at $0.665 per square foot in 2016 and increase 2% per year throughout the term of the easement. NU will be assessed the total easement fee for the 50-year period at the time the easement agreement is executed. Attachments: Resolution 31-R-16 Easement Agreement (Exhibit 1) Plat of Easement with Legal Description (Exhibit A) Memorandum 237 of 321 4/13/2016 31-R-16 A RESOLUTION Authorizing the City Manager to Grant an Easement for Chilled Water Pipe Installation on Emerson Street NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Manager is hereby authorized and directed to sign an Easement Agreement (the “Agreement”) by and between the City and Northwestern University for the City to grant an easement for the installation of chilled water pipes below ground on Emerson Street, east of Orrington Avenue. The Agreement is attached hereto as Exhibit 1 and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of said Agreement that he deems to be in the best interests of the City. SECTION 3: This resolution shall be in full force and effect from and after its passage and approval, in the manner provided by law. ______________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2016 238 of 321 31-R-16 - 2 - EXHIBIT 1 EASEMENT AGREEMENT 239 of 321 GRANT OF NON-EXCLUSIVE PUBLIC UTILITY EASEMENT In consideration of the payment of the easement fee in the amount of One Hundred Fifty-Two Thousand Two Hundred Sixty-Six and 98/100 Dollars ($152,266.98) and other good and valuable consideration (“Easement Fee”), the receipt of which hereby is acknowledged, THE CITY OF EVANSTON, of the State of Illinois, County of Cook and its successors, assignees and transferees (all hereinafter referred to as "Grantor"), hereby grants to NORTHWESTERN UNIVERSITY, of the State of Illinois, County of Cook and its successors, assignees and transferees (all hereinafter referred to as "Grantee") a non-exclusive permanent easement for a period of fifty (50) years (“Easement Term”) for the purpose of the installation of chilled water service pipes and appurtenances in, over, upon, through, along, across and under the following described real estate, with an area of approximately 2,623.7 sq. ft. as described below: A Public Utility Easement, A 10.00 foot Utility Easement below ground level not to exceed a maximum depth of 7.00 feet (as measured from the existing centerline grade of Emerson Street) of that part of Emerson Street the centerline of said easement described as follows: Commencing at the intersection of the Southerly prolongation of the East line of Orrington Avenue with the Southerly line of Emerson Street, also being a corner common with the Consolidation of parts of Blocks 2, 9 and 10 in the Village of Evanston and Northwestern University Resubdivision of part of Block 5, together with vacated streets and alleys within as recorded April 10, 1974 as Document No. 22680757; thence South 89˚39’00” East on an assumed bearing along the South line of Emerson Street (also being the North line of said Consolidation), 160.01 feet; thence South 46˚48’41” West, 68.48 feet to the South line of Emerson Street and the point of terminus, the lines for said easement to be lengthened or shortened to begin or terminate on the South line of Emerson Street, in Cook County, Illinois. Containing 2623.70 sq. ft. situated in the County of Cook, State of Illinois and at the intersection of Emerson Street and Orrington Avenue and hereby releases and waives all right under and by virtue of the Homestead Exemption Laws of the State of Illinois. The above-described real estate and improvements located thereon are herein referred to as the “Premises.” Attached as Exhibit A is the Plat of Easement depicting said Easement on the Premises and contains the legal description for said Easement. Grantor hereby grants, conveys, warrants and dedicates to the Grantee, its agents, servants, employees, its successors and assigns, a non-exclusive public utilities easement to survey, construct, reconstruct, use, operate, maintain, test, inspect, repair, or alter the chilled water services pipe(s) and related appurtenances and to inspect and make alterations to the above describe systems, both only in consultation with the City of Evanston’s Public Works Agency and any and all of parameters and restrictions on said use described, in, over, upon, thru, along, across and under the Premises together with related attachments, equipment and appurtenances thereto (collectively “Public Utilities”) in upon, under, along and across the 240 of 321 Utility Easement – Chilled Water Pipes – Emerson Street Premises, with the right of access thereto, including all reasonable rights of ingress and egress across any adjoining lands of Grantor necessary for the exercise of the rights herein granted. Grantor shall have and retain all rights to use and occupy the premises and access to Grantor’s remaining property, except as herein expressly granted; provided, however, Grantor’s use and occupation of the premises may not interfere with Grantee’s use of the premises for the purposes herein described. Grantor, without limiting the interest above granted and conveyed, acknowledges that upon payment of the agreed consideration, all claims arising out of the above acquisition have been settled, including without limitation, any diminution in value to any remaining property of the Grantor caused by opening, improving, and using the premises for highway purposes. This acknowledgment does not waive any claim for trespass or negligence against the Grantee or Grantee’s agents which may cause damage to Grantor’s remaining property. This grant shall constitute a covenant, which runs with the land, and shall be binding upon the legal representatives, successors and assigns of Grantor. Dated this day of ,2016. GRANTOR: City Manager, Wally Bobkiewicz By: Signature ATTEST: By: Signature City Clerk, Rodney Greene STATE OF ILLINOIS ) ) ss. COUNTY OF COOK ) I, , a Notary Public in and for said County and State aforesaid, DO HEREBY CERTIFY that Wally Bobkiewicz, City Manager of the City of Evanston who is personally know to me to be the same person whose name is subscribed to the foregoing instrument as such, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act for the uses and purposes therein set forth. Given under by hand and notarial seal this day of , 2016 241 of 321 Utility Easement – Chilled Water Pipes – Emerson Street Notary Public GRANTEE: Facilities Management Operations, Charles Davidson By: Signature STATE OF ILLINOIS ) ) ss. COUNTY OF COOK ) I, , a Notary Public in and for said County and State aforesaid, DO HEREBY CERTIFY that Charles Davidson, Facilities Management Operations who is personally know to me to be the same person whose name is subscribed to the foregoing instrument as such, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act for the uses and purposes therein set forth. Given under by hand and notarial seal this day of , 2016 Notary Public 242 of 321 Utility Easement – Chilled Water Pipes – Emerson Street EXHIBIT A PLAT OF EASEMENT 243 of 321 244 of 321 For City Council meeting of April 25, 2016 Item A8 Resolution 33-R-16: Noyes Theater Lease with Mudlark Theater Company For Action To: Honorable Mayor and Members of the City Council From: Lawrence C. Hemingway, Director of Parks, Recreation & Community Services Subject: Resolution 33-R-16 Lease Agreement for the Noyes Street Theater at the Noyes Cultural Arts Center with the Mudlark Theater Company Date: April 25, 2016 Recommended Action: Staff recommends City Council adoption of Resolution 33-R-16 authorizing the City Manager to enter into an agreement for an eight (8) month lease term for the Noyes Street Theater at the Noyes Cultural Arts Center with Mudlark Theater Company. Funding: Collected theatre revenue is budgeted in Business Unit 100.30.3720.53565. The theater’s 2016 monthly rental rate would be $3,060 and Mudlark Theater Company is required to do $3,672 in community services no later than May 31, 2017. The 2016 rates listed above reflect a 2% rate increase from the prior year. Summary: The proposed theater lease is for an eight (8) month term (10/1/2016 to 05/31/2017). This is their second year of using the theatre space and they have been a good tenant. Their proposed community service is to provide scholarship opportunities to participants in theatrical productions. Scholarship eligibility would be based on the U.S., Department of Agriculture, Free and Reduced Lunch Program Guidelines. The Noyes Tenants Association reviewed the Theater application with staff. Attachments: Resolution 33-R-16 Copy of Lease Agreement Memorandum 245 of 321 4/14/16 33-R-16 A RESOLUTION Authorizing the City Manager to Enter into an 8-Month Lease Agreement for the Noyes Street Theater at the Noyes Cultural Arts Center BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COUNTY OF COOK, STATE OF ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to sign, and the City Clerk hereby authorized and directed to attest on behalf of the City of Evanston, an 8-month lease for the Noyes Street Theater at the Noyes Cultural Arts Center with Mudlark Theater Company. The 8-month lease shall be in substantial conformity with the lease marked as Exhibit A (Lease Agreement – 8-month), attached hereto and incorporated herein by reference. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional terms and conditions of the lease as may be determined to be in the best interests of the City. SECTION 3: That this Resolution 33-R-16 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: __________________, 2016 246 of 321 33-R-16 ~2~ EXHIBIT A THEATER LEASE WITH MUDLARK THEATRE COMPANY (8-MONTH LEASE) 247 of 321 LEASE AGREEMENT FOR THE PREMISES LOCATED AT 927 NOYES STREET, EVANSTON, ILLINOIS, BY AND BETWEEN THE CITY OF EVANSTON, LANDLORD AND MUDLARK THEATER, TENANT 248 of 321 INDEX Section Title Page Number 1 SECTION 1. DESCRIPTION OF PREMISES ......................................................................... 2 SECTION 2. TERM ................................................................................................................ 2 SECTION 3. RENT ................................................................................................................. 2 SECTION 4. COMMON FACILITIES ...................................................................................... 3 SECTION 5. USE OF PREMISES .......................................................................................... 5 SECTION 6. SIGNS ............................................................................................................... 8 SECTION 7. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS ......................................................................................................... 8 SECTION 8. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT ............................ 8 SECTION 9. REPAIRS AND MAINTENANCE ....................................................................... 9 SECTION 10. UTILITIES .........................................................................................................10 SECTION 11. TAXES ..............................................................................................................10 SECTION 12. INSURANCE ....................................................................................................10 SECTION 13. SUBLETTING; ASSIGNMENT .........................................................................11 SECTION 14. SURRENDER OF PREMISES; HOLDING OVER .............................................11 SECTION 15. INDEMNIFICATION AND LIENS ......................................................................12 SECTION 16. LANDLORD’S RIGHT OF INSPECTION AND REPAIRS .................................12 SECTION 17. DEFAULT AND REMEDIES .............................................................................13 SECTION 18. TENANT OBLIGATIONS TO COMMUNITY AND ASSOCIATION ...................15 SECTION 19. REMOVAL OF OTHER LIENS .........................................................................15 SECTION 20. REMEDIES NOT EXCLUSIVE ..........................................................................16 SECTION 21. EXPENSES OF ENFORCEMENT ....................................................................16 SECTION 22. EMINENT DOMAIN ..........................................................................................16 SECTION 23. GOVERNMENTAL INTERFERENCE WITH POSSESSION .............................17 SECTION 24. PEACEFUL ENJOYMENT ...............................................................................17 SECTION 25. EFFECT OF WAIVER OF BREACH OF COVENANTS ....................................17 SECTION 26. AMENDMENTS TO BE IN WRITING ................................................................17 SECTION 27. PARTIES BOUND ............................................................................................17 SECTION 28. NOTICES ..........................................................................................................17 SECTION 29. MISCELLANEOUS ...........................................................................................18 SECTION 30. VENUE AND JURISDICTION ...........................................................................19 SECTION 31. FORCE MAJEURE ...........................................................................................19 249 of 321 2 This Lease Agreement (the “Agreement” or “Lease”) shall take effect as of the date of execution of the Agreement by the City (the “Effective Date”). This Lease is by and between The City of Evanston, an Illinois home rule municipality and owner of subject Property (“Landlord”), whose main business office is located at 2100 Ridge Avenue, Evanston, Cook County, Illinois, “Landlord”, and Mudlark Theater, (“Tenant”). Landlord and Tenant may be referred to collectively as the “Parties”. SECTION 1. DESCRIPTION OF PREMISES Landlord leases to Tenants spaces Noyes Street Theater, located on the first floor of the property with a street address of 927 Noyes Street, Evanston, Illinois 60201 (the “Premises”), situated within the Landlord’s 3-story building located at the same common address and legally described on Exhibit A (the “Property”) and commonly known as the Noyes Cultural Arts Center (“NCAC”). The Property has various uses including artist workshops, resident young adult summer camp classes, art exhibits, and many other uses. The term “Common Facilities” as used in this Agreement will include those areas and facilities within the Property (outside of the Premises) for the nonexclusive use of Tenants in common with other authorized users, and includes, but is not limited to, sidewalks, parking area, planted areas (excluding the adjoining park area), common area restrooms and open means of ingress and egress. Tenants will have the non- exclusive right to use the Common Facilities, including the washrooms referenced above. SECTION 2. TERM The term of this Agreement will be for eight months, October 1, 2016 – May 31, 2017 (the “Term”). Tenants must provide Landlord with 90 days’ notice to request a renewal of the Agreement for the Premises. Landlord, in its sole discretion, may decide that a Renewal Term is not necessary and in the best interests of the City. Renewal of the Agreement must be authorized by written consent of the Parties and must be authorized by the City Council. SECTION 3. RENT A. RATE: Tenants agree to pay Landlord an annual rental payment (the “Rent”) in accordance with the following schedule: 1. For the period of October 1st – May 31st (eight months), the Rent rate is $3,060 per month, for total Rent of $24,480 for the eight months. B. PAYMENTS. The Rent outlined in Section 3[A][1] above shall be paid in accordance with said Section. C. Any and all Rent PAYMENTS under this Lease shall be mailed to: City of Evanston Parks, Recreation, and Community Services Department 2100 Ridge Avenue, First Floor Evanston, IL 60201 250 of 321 3 D. PROPERTY FEES SCHEDULE: Attached as Exhibit B is a schedule of fees for all tenants of the Property, if applicable, including Tenant (“NCAC Property Fees”). To the extent incurred by Tenant, the NCAC Property Fees specified on the fee schedule will be invoiced separately and shall be paid by the due date listed on the invoice. To the extent incurred by Tenants, the NCAC Property Fees are to be paid by Tenants regardless of the applicable rental rate specified in Section 3 [A]. Tenants acknowledges that they will reimburse the City for use of the Common Facilities (as specified on Exhibit B) after the standard business hours set by the City and the Association, which hours shall not be less than the following hours throughout the Term (including any Extended Term): 8:00 a.m. – 11:00 p.m. Monday – Friday; 8:30 a.m. – 11:00 p.m. on Saturday; and 10 a.m. – 6:00 p.m. on Sunday (the “Business Hours”). E. SURCHARGE: 1. Tenant acknowledges and agrees that all non-Evanston residents (individuals only) are assessed a 20% surcharge on rent. The 20% surcharge will not be applicable to non-Evanston resident Sub-lessees if the Lessee (individuals only) is an Evanston resident. The 20% surcharge is applicable to a non-Evanston resident Sub- lessee only if and when the Sub-lessee assumes the remainder of the entire lease or a co-lease, or upon termination by Lessee or the Lessor. In order for an Organization to be exempt from incurring a 20% surcharge, its principal place of business must be in Evanston. Organizations must attach Articles of Incorporation to this Lease. 2. Monthly rental charges assessed to Sub-lessees will not be in excess of one-half the rent charged to Lessee by the Lessor. A written sublease agreement between the Lessee and Sub-lessee must be given to the Lessor covering the lease terms prior to Sub-lessee’s use of space. The sublease agreement must include the payment schedule and the dollar amount paid by Sub-lessee to Lessee. Community service obligations assessed to Sub-lessee are in addition to the full obligation assessed to Lessee. Therefore, the Community Engagement obligations assessed to Lessee will not decrease as a result of a sublease. SECTION 4. COMMON FACILITIES A. MAINTENANCE BY LANDLORD: Tenants acknowledge that they have leased the Premises for many years and receive the Premises, Common Facilities and remainder of the Property in as-is condition, and acknowledge that the Landlord has made no representations to the condition or has made any repairs to same. The Landlord or Landlord’s staff or other representatives have made no representations or assurances that it will alter or remodel the Premises or Property. Landlord shall, when necessary, as determined by Landlord, in its reasonable discretion or when required by applicable laws, perform, repair and maintain all of the following: 1. Exterior maintenance, including the foundation, exterior walls, slab, common area doors and roof; 2. A refuse container to be shared by all tenants in the Property to be located at the Property in reasonable proximity to the Premises. Landlord will contract, to have trash hauled from such container with reasonable frequency; 251 of 321 4 3. Electric facilities and systems, gas facilities and systems and the HVAC unit(s) and systems (including the portions of such systems serving the Premises exclusively); 4. Plumbing and water facilities and systems (including the portions of such systems serving the Premises exclusively); 5. Fire and life safety systems and fire alarm systems, including inspections thereof (including the portions of such systems serving the Premises exclusively); 6. Hallways, stair rails, and related elements, and restrooms and other Common Facilities, including the parking lot serving the Property; 7. Snow and ice removal, including salting, from front walkway of Premises and parking spaces in front of the Property within 48 hours of any snow event with accumulation of an 1 inch or more; and 8. Change light bulbs, ballasts and tubes in any fluorescent or comparable light fixtures in the Premises. Notwithstanding the foregoing, Tenant will change light bulbs, ballasts and tubes which are considered specialty lighting and related to performance activities. 9. Maintain the HVAC units in the Premises, the HVAC units are the property of the Landlord and shall remain in the Premises at the end of the Term. B. MAINTENANCE BY TENANTS: 1. Interior non-structural Premises maintenance and all fixtures and property within the Premises other than (a) utility, HVAC or fire/life safety facilities and systems and (b) any items Landlord is required to maintain pursuant to Section 4[A]; 2. All refuse from Premises to be placed in appropriate containers and Tenants cannot dispose of construction building materials in the standard refuse containers and must arrange for special pick-ups and containers for said materials; 3. The Tenants will at all times maintain all of the Premises in a clean, neat and orderly condition. The Tenants will not use the Premises in a manner that will violate or make void or inoperative any policy of insurance held by the Landlord. The Tenants shall pay the Landlord for overtime wages for staff and for any other related expenses incurred in the event that repairs, alterations or other work in the Premises required or permitted hereunder are not made during ordinary Business Hours (as defined in Section 3[D]) at the Tenant’s request. 4. Tenants will keep the interior non-structural portions of the Premises, including all interior, non-structural walls, surfaces and appurtenances (other than systems and any other items that Landlord is required to maintain pursuant to Section 4[A]), in good repair. Tenants shall be responsible for repairs, damages and losses for damages sustained outside the Premises to other NCAC tenant’s personal property or leased area attributable to Tenant’s negligence or intentional misconduct, subject to Section 12[E]. All such damage must be reported in writing to the Director of Parks, 252 of 321 5 Recreation and Community Services, or his/her designee, by the next City of Evanston business day, after discovery of such damage by Tenants. 5. Repairs by Tenants must have prior written approval by the Director of Parks, Recreation and Community Services, or his or her designee, and must occur within thirty (30) days of such approval unless the Director of Parks, Recreation and Community Services, or his or her designee, gives a prior written request or grants approval for an extension beyond the thirty (30) days (or unless such repairs cannot reasonably be completed within thirty (30) days, in which case, Tenant shall have such additional time as is reasonably required). If Tenants fail to make the necessary repairs by the date determined by the Lessor, the Landlord has the option to make the necessary repairs and Tenants agree to promptly pay for those repairs upon presentation of an invoice by the Landlord to the Tenant. Tenants are required upon lease termination to leave space in good repair and condition. Maintenance and repair issues which constitute a life and safety hazard must be corrected within twenty-four (24) hours after discovery by Tenants, provided that the issue can be fixed within that time frame. If the issue cannot be fixed within twenty-four (24) hours after discovery by Tenants, the Tenants must provide a schedule for repair within one (1) business day after discovery by Tenants to the Director of Parks, Recreation and Community Services for approval, which cannot be unreasonably withheld. SECTION 5. USE OF PREMISES A. PURPOSES: Tenants will use the Premises to operate a theater performances, and other related business and uses incidental thereto, and no part of the Premises will be used for any other purpose without the prior written consent of Landlord (the “Permitted Use”). If Tenants endeavors to apply for a liquor license for the Premises, the Landlord gives its written consent for said application to be submitted and reviewed by the City in conformance with the City Code procedures, as amended. The City agrees to cause such license to be granted if Tenants meets applicable requirements. B. HOURS OF OPERATION AND LANDLORD ACCESS: 1. Tenant’s use of the Premises shall only be for the permitted use. Tenants shall have the right to conduct their business in the Premises during the Business Hours (as defined in Section 3[D]) of the Property. In addition, Tenants’ staff, agents, employees and contractors may access the Premises twenty-four hours a day, seven days a week, but shall not have access to the interior Common Facilities after the Business Hours (as defined in Section 3[D]) of the Property. The Property will be closed on holidays/days as observed by the City of Evanston (but Tenants will still have access to the Premises). 2. The Landlord shall have the right to retain a set of keys to the Premises, and Tenants shall not change any locks for the Premises to any other lock, other than a lock consistent with the Landlord’s master lock for the Property. The Tenants shall permit the Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises concealed to the greatest extent possible, above ceiling, under floor or in walls that don’t reduce the square footage of the Premises and don’t materially affect Tenants’ use of the Premises. The Landlord shall have the right to enter upon the Premises with 24 hours prior written notice or without notice in case of an emergency, to control heat, electricity and air conditioning, to inspect the same, and to make such 253 of 321 6 repairs, alterations, improvements or additions to the Premises or the NCAC, as the Landlord may deem necessary or desirable. Tenants will not cease any Rent payments while repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of the Tenants, or otherwise, provided Landlord shall complete such work as quickly as reasonably possible. Notwithstanding the foregoing, if a portion of the Premises is unusable for the purpose contemplated hereunder for a period of greater than 5 days (including, without limitation, as a result of a casualty or a condemnation or the repairs required in connection therewith), the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage. Notwithstanding anything to the contrary contained herein, Landlord shall not have the right to alter the Premises except as expressly required or permitted hereunder. Notwithstanding the foregoing, if the repairs, alterations, improvements, or additions are at a Tenant’s request or if the repairs are necessitated by a Tenant’s actions, then the Tenants may not cease any rent for any period, unless the Premises are unusable as a result of the negligence or intentional misconduct of Landlord or its agents, employees or contractors. If a Tenant shall not be personally present to open and permit an entry into Premises, at any time, when for any reason an entry therein shall be necessary or permissible, the Landlord or the Lessor's agents may enter the same by using the key, or may forcibly enter the same, without rendering the Landlord or such agents liable therefore (if during such entry the Landlord or the Lessor's agents shall accord reasonable care to Tenants’ property), and without in any manner affecting the obligations and covenants of this Lease. 3. Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Premises or any part thereof, other than as herein provided. The Landlord shall also have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to the Tenants therefore, to change the arrangement and/or location of Common Facilities, including entrances or passageways, doors and doorways, and corridors, stairs, toilets or public parts of the NCAC, and to close Common Facilities (as and when reasonably necessary for Landlord to perform its obligations hereunder or exercise its rights or as necessary due to Force Majeure), including entrances, doors, corridors or other facilities. The Landlord shall not be liable to the Tenants for any expense, injury, loss or damage resulting from work done by persons other than the Landlord in or upon, or the use of, any adjacent or nearby building, land, street, or alley. C. LOCKING OF PREMISES: All doors to the Premises must be kept locked at all times except during the Business Hours (as defined in Section 3[D]). Tenants shall not open the door to anyone in the late hours. The door may not be propped open for any reason. During normal Business Hours (as defined in Section 3[D]) for the Property, patrons and users of the Property shall have access to the Common Facilities. Tenants shall not have use of Common Facilities after the Business Hours (as defined in Section 3[D]) unless Tenant pays the Facilities Fee (as specified in Exhibit B) for keeping the Property and the Common Facilities open. D. STORAGE OF INFLAMMABLE MATERIALS: Tenants agree that they will not permit to be kept at the Premises any gasoline, distillate or other petroleum product, or other substance of an explosive or inflammable nature as may endanger any part of the premises 254 of 321 7 without the written consent of the Landlord, provided that Tenants can maintain customary cleaning products in the Premises. E. USE IMPAIRING STRUCTURAL STRENGTH: The Tenants will not permit the Premises to be used in any manner that will impair the structural strength of the Premises, or permit the installment of any machinery or apparatus the weight or vibration of which may tend to impair the building’s foundations or structural strength. F. GARBAGE DISPOSAL: The Tenants will not incinerate any garbage or debris in or about the Premises, and will cause all containers, rubbish, garbage and debris stored in the Premises to be placed in the refuse container supplied by Landlord for the Property before accumulation of any substantial quantity. G. PUBLIC REGULATIONS: In the conduct of its business on the Premises, Tenants will observe and comply with all laws, ordinances and regulations of public authorities. Tenants acknowledge that the Property is owned by the City of Evanston and therefore no smoking will be permitted at the Property. H. OTHER MISUSE: Tenants will not permit any unlawful or immoral practice with or without his knowledge or consent, to be committed or carried on in the Premises by Tenants or any other person. Tenant will not use or allow the use of the Premises for any purpose whatsoever that will injure the reputation of the Premises or of the building of which they are a part. I. PARKING REGULATIONS: The NCAC has a total of fifty (50) parking spaces, consisting of thirty-five (35) permit spaces (including four [4] marked for compact cars) and twelve (12) metered spaces and three (3) handicapped spaces in the Property parking lot, which is Lot #51 and is immediately adjacent to the Premises (the “Property Parking Lot”). The Landlord acknowledges that it will not decrease the total number of parking spaces in the Property Parking Lot during the Lease Term, but Landlord reserves the right to reconfigure the parking lot and/or increase the parking spaces. For the permit parking spaces, annual parking permit fees shall be in accordance with the schedule previously referenced as Exhibit B and be billed separately. Parking permit fees are not prorated and will change over the Term of the Lease at the discretion of the Landlord. All annual parking permits issued will be billed on a monthly basis and are not returnable with the exception of permits which are transferred. There will be a $25.00 transfer fee assessed for all annual permits which are to be reissued unless: 1) the old permit or remnants of the old permit is returned displaying the lot number and the permit number minimally; or 2) proof that the vehicle was sold by producing a bill of sale. Monthly and annual parking permits for the Property Parking Lot are authorized only for Leaseholders, Sub-Tenants, staff and/or students attending classes at Noyes on a regular basis and Landlord will not permit businesses (or other invitees) outside of the NCAC to get permits for the Property Parking Lot. Use of permits is on a first-come, first serve basis for spaces available in the Property Parking Lot. Parking permits are not to be transferred to vehicles other than the vehicle for which the permit was issued unless prior written approval by the Director of Parks, Recreation and Community Services is obtained. Parking Permit privileges will be considered by the Director of Parks, Recreation and Community Services or designee for other regular NCAC users on a case-by-case basis. All Authorization Forms must be signed by Tenants or their authorized designee(s), and by an NCAC staff member before parking permits can be purchased. Temporary one-day parking permits are available for individuals attending special functions at the NCAC, and for visitors and others using the NCAC, who are pre- 255 of 321 8 approved by the Director of Parks, Recreation and Community Services or designee. Temporary parking permits are not available to parents or caregivers waiting for students attending classes or to attendees of performances. Tenants understand, and will inform their staff, students and patrons to observe all posted parking regulations. Parking permits will not be issued to individuals with an expired driver’s license. Landlord will maintain the current parking lot serving the Property as a parking lot throughout the term of this Lease. SECTION 6. SIGNS Tenants 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 Tenants. Tenants acknowledge that there are limitations from the City of Evanston Municipal Code of 2012, as amended, and the Code governs the application process and the details regarding size, type, and number of signs and Tenants agree to be bound by such ordinances. Landlord cannot make representations in a lease agreement that Tenants shall be entitled additional signage, a certain number of signs and/or dimensions of proposed signage, because the Tenants must make an application to the Sign Review Board, as provided by Code, but Landlord will not withhold its consent to a reasonably sized sign over the new entrance to the Premises. SECTION 7. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS Except as provided by Illinois law and except to the extent arising from the negligence or intentional misconduct of Landlord or its agents, employees or contractors, or from the breach of this Lease by Landlord, Landlord will not be liable to Tenants for any damage or injury to Tenants or Tenants’ property occasioned by the failure of Landlord to keep the Premises in repair, and shall not be liable for any injury done or occasioned by wind or by or from any defect of plumbing, electric wiring or of insulation thereof, gas pipes, water pipes or steam pipes, or from broken stairs, porches, railings or walks, or from the backing up of any sewer pipe or down-spout or from the bursting, leaking or running of any tank, tub, washstand, water closet or waste pipe, drain, or any other pipe or tank in, upon or about the Premises or the building of which they are a part nor from the escape of steam or hot water from any radiator, nor for any such damage or injury occasioned by water, snow or ice being upon or coming through the roof, skylight, trap door, stairs, walks or any other place upon or near the Premises, or otherwise, nor for any such damage or injury done or occasioned by the falling of any fixture, plaster, or stucco, nor for any damage or injury arising from any act, omission or negligence or co-tenants or of other persons, occupants of the same building or of adjoining or contiguous buildings or of owners of adjacent or contiguous property, or of Landlord’s agents or Landlord, all claims for any such damage or injury being hereby expressly waived by Tenants. Notwithstanding the foregoing, if any portion of the Premises unusable for the purpose contemplated hereunder for a period of greater than 5 days, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage. SECTION 8. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT A. USE OF PARTIALLY DAMAGED PREMISES: On damage or destruction by a casualty to the Premises, Tenants will continue to use them for the operation of its business to the extent practicable 256 of 321 9 B. RIGHT TO TERMINATE ON DESTRUCTION OF TWO-THIRDS OF PREMISES: Either Party will have the right to terminate this Agreement if, the Premises is damaged by a casualty to an extent exceeding two-thirds of the reconstruction cost of the Premises as a whole. If such damage occurs, this termination will be affected by written notice to the other Party, delivered within 90 days of the damage. C. REPAIRS BY LANDLORD: If the Premises are damaged by a casualty before or after the start of the Agreement, then Landlord will immediately, on receipt of insurance proceeds paid in connection with casualty damage, but no later than sixty days after damage has occurred, proceed to repair the Property. Repairs will include any improvements made by Landlord or by Tenants with Landlord’s consent, on the same plan and design as existed immediately before the damage occurred, subject to those delays reasonably attributable to governmental restrictions or failure to obtain materials, labor or other causes, whether similar or dissimilar, beyond the control of Landlord. Materials used in repair will be as nearly like original materials as reasonably procured in regular channels of supply. Wherever cause beyond the power of the party affected causes delay, the period of delay will be added to the period in this lease for completion of the work, reconstruction or replacement. D. REDUCTION OF RENT DURING REPAIRS: If a portion of the Premises is unusable for the purpose contemplated hereunder for a period of greater than 5 days, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage No rent will be payable while the Premises is wholly unoccupied pending the repair of casualty damage. E. FIRE AND CASUALTY. If the Premises are entirely destroyed by fire or another act of God, and Landlord elects to not rebuild the Premises, then this Agreement shall be terminated effective as of the date of the casualty. SECTION 9. REPAIRS AND MAINTENANCE Except to the extent any of the following is Landlord’s obligation pursuant to Section 4[A], Tenants shall keep the interior, non-structural portions of the Premises in a clean condition, and in good repair, all according to the statutes and ordinances in such cases made and provided, and the directions of public officers thereunto duly authorized, all at Tenants’ own expense, and shall yield the same back to Landlord, upon the termination of this Agreement, whether such termination shall occur by expiration of the term, or in any other manner whatsoever, in the same condition of cleanliness and repair as at the date of the execution hereof, loss by fire and reasonable wear and tear excepted. Except to the extent any of the following is Landlord’s obligation pursuant to Section 4[A], Tenant shall make all necessary repairs and renewals upon Premises and replace broken fixtures with material of the same size and quality as that broken. If, however, the Premises shall not thus be kept in good repair and in a clean condition by Tenants, as aforesaid, Landlord may enter the same, or by Landlord’s agents, servants or employees, without such entering causing or constituting a termination of this Agreement or an interference with the possession of the Premises by Tenants, and Landlord may replace the same in the same condition of repair and cleanliness as existed at the date of execution hereof, and Tenants agree to pay Landlord, in addition to the rent hereby reserved, the expenses of Landlord in thus replacing the Premises in that condition. Tenants shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. 257 of 321 10 Tenants will also be in compliance with all laws and regulations during the entire term of this Agreement, except for repairs required of the Landlord to be made and damage occasioned by fire, hurricane or other causes as provided for in this Agreement. SECTION 10. UTILITIES Landlord agrees to pay before delinquency all charges for gas, water, heat, electricity, power and other similar charges incurred by Landlord or Tenants with respect to the Premises or the Property during the Term of this Agreement and Tenants’ occupancy of the Premises. SECTION 11. TAXES If applicable, Tenants will pay before delinquency all taxes levied on Tenants’ fixtures, equipment and personal property on the demised Premises, whether or not affixed to the real property. Landlord will pay all real estate taxes for the Property. SECTION 12. INSURANCE A. INSURANCE COMPANIES: It is agreed that any policies of insurance to be maintained by the respective parties will be obtained from good and solvent insurance companies. Only companies with an “A” Policyholder’s Rating with the Alfred Best Company will be acceptable. B. TENANT TO OBTAIN LIABILITY INSURANCE: Tenants agree that they will, at their expense, maintain a policy of insurance, written by responsible insurance carriers, approved by Landlord that will insure Tenants against liability for injury to or death of persons or damage to property occurring about the Premises. Landlord will be named as an additional insured. The liability under insurance will be at least $1 million for any one person injured or killed or any one occurrence, $2 million general aggregate coverage for any one accident, and $ 100,000.00 property damage. Tenants will obtain an endorsement and Certificate of Insurance naming the Landlord as an additional insured from Tenants’ carrier (during the term of the Lease, including Premises Improvement construction) and all contractors during the construction of the Premises Improvements and any other renovation or construction at the Premises. Annually, Tenant shall provide copies of the insurance policy and all endorsements thereto to Landlord. Tenant shall send the policy to the Law Department on or before January 1st of every year this Lease is in effect. If the Tenant fails to comply with this requirement, that shall constitute a default by Tenant. C. TENANTS TO OBTAIN WORKER’S COMPENSATION INSURANCE: Tenants agree to maintain employees’ Worker’s Compensation insurance required under Illinois law. D. TENANTS TO OBTAIN INSURANCE ON FIXTURES AND EQUIPMENT: The Tenants agree to maintain on all trade fixtures and personal property in the Premises, a policy of insurance approved by the Landlord of at least 90% of the insurable replacement value of all trade fixtures and personal property. E. LANDLORD TO OBTAIN FIRE INSURANCE ON PREMISES: Landlord agrees to maintain during this Agreement, a policy of property insurance covering any peril generally included in the classification ISO Causes of Loss – Special Form (a “Special Form Policy”) and covering at least 80% of the full replacement cost of the Premises and Property (or Landlord may self-insure for such coverage). If permitted without additional charge, Landlord will cause to 258 of 321 11 be endorsed on its property insurance, and any extended coverage policy or policies, the waiver of right of subrogation. Landlord hereby agrees to waive any claims against Tenant and its agents and employees to the extent the same could be covered by a Special Form Policy, regardless if the same is maintained by the City. F. TENANTS’ WAIVER OF CASUALTY INSURANCE PROCEEDS: If the Premises are damaged by fire or other casualty insured against, Tenants agree to claim no interest in any insurance settlement arising out of any loss where premiums are paid by Landlord, or where Landlord is named as sole beneficiary, and that it will sign all documents required by Landlord or the insurance company necessary in connection with the settlement of any loss. G. CONTROL OF INSURANCE PROCEEDS TO AVOID TAXABLE GAIN: If the Premises, including any improvements, were to be damaged in any manner, and the receipt of any insurance proceeds or other reimbursement for such damage would result in the realization of taxable gain for federal or state purposes, then the party to whom the gain would be taxed will have the right to take all action respecting proceeds or reimbursements necessary to enable party to comply with any regulations of the appropriate taxing authorities, so that the gain will not be recognized for tax purposes. Nothing here will be construed to entitle Landlord to delay any repairs to any part of the improvements in the event of damage. H. TENANTS’ FAILURE TO INSURE: Should Tenants fail to keep in effect and pay for insurance as required by this section, the Landlord may terminate this Lease immediately. SECTION 13. SUBLETTING; ASSIGNMENT The Tenants shall be allowed to sublet a portion of the Premises to another entity or individual(s) (“Sub-Tenant”) for a period of eighty nine (89) days or less and Tenants do not need the Lessor’s consent. If the Tenants seek to sublet a portion of the Premises to a Sub- Tenant for a period of time ninety (90) days or more, then the Tenants must have the written consent of the Landlord and such consent shall not be unreasonably withheld. For all subleases, the Tenants shall obtain a certificate of insurance from the Sub-Tenant prior to commencement of the sublease, naming the City of Evanston as an additional insured for the period of occupancy. If Tenant, or any one or more of the Tenants, if there be more than one, shall make an assignment for the benefit of creditors, or shall file for bankruptcy protection, Landlord may terminate this Agreement, and in such event Tenant shall at once pay Landlord a sum of money equal to the entire amount of rent reserved by this Agreement for the then unexpired portion of the term hereby created less the reasonable rental value (as defined in Section 17[G] below) of the Premises as liquidated damages. At Landlord’s option, should Landlord consent to any assignment or sublease of the demised Premises, Tenant shall nevertheless remain liable for all terms and conditions of this Agreement until the expiration of the Agreement term stated above. SECTION 14. SURRENDER OF PREMISES; HOLDING OVER Tenants will, at the termination of this Lease, leave the Premises in as good condition as they are in at the time of entry by Tenants, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Tenants. On vacating, Tenants will leave the Premises clear of all rubbish and debris. If Tenants retain possession of the Premises or any part thereof after the termination of the term by lapse of time or otherwise, then Landlord may at its option within thirty days after termination of the term serve written notice upon Tenants that 259 of 321 12 such holding over constitutes the creation of a month to month tenancy, upon the terms of this Agreement. Tenants shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenants. The provisions of this paragraph shall not constitute a waiver by Landlord of any right of re-entry as hereinafter set forth; nor shall receipt of any rent or any other act in apparent affirmation of tenancy operate as a waiver of the right to terminate this Agreement for a breach of any of the covenants herein. SECTION 15. INDEMNIFICATION AND LIENS A. LIENS AND ENCUMBRANCES: The Tenants will hold the Landlord harmless from all claims, liens, claims of lien, demands, charges, encumbrances or litigation arising out of any work or activity of Tenants on the Premises. Tenant wills, within sixty (60) days after filing of any lien, fully pay and satisfy the lien and reimburse Landlord for all resulting loss and expense, including a reasonable attorney’s fees. Provided, however, in the event that Tenants contest any lien so filed in good faith and pursues an active defense of said lien, Tenants shall not be in default of this paragraph. However, in the event of any final judgment against Tenants regarding such lien, Tenants agree to pay such judgment and satisfy such lien within 60 days of the entry of any such judgment. B. DISCHARGE OF LIEN: If Tenants fail to fully discharge any claim, lien, claim of lien, demand, charge, encumbrance, or litigation, or should proceedings be instituted for the foreclosure of any lien or encumbrance, and if judgment is rendered against Tenants either by a court of competent jurisdiction or by arbitration and Tenants still persists in non-payment of the same within the 60 days set forth above, Landlord will have the right at any time after expiration of the 60-day period, to pay the lien or encumbrance. All amounts so paid will be repaid by the Tenants on demand, together with interest at the rate of __10__% per year from the date of payment and shall be considered additional rent owed to Landlord by Tenants. C. INDEMNIFICATION OF LANDLORD: Except as otherwise provided in this Agreement, and except to the extent caused by the negligence or willful misconduct of Landlord, or its agents, employees or contractors, or by the breach of this Lease by Landlord, Tenants shall protect, defend, indemnify and save Landlord and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Premises, which is not the result of Landlord’s negligence or willful misconduct, or (ii) any negligence or willful misconduct of Tenants, or their agents, employees or contractors. D. INDEMNIFICATION OF TENANTS. Except as otherwise provided in this Agreement, and except to the extent caused by the negligence or willful misconduct of Tenants, or its agents, employees or contractors, or by the breach of this Lease by Tenants, Landlord shall protect, defend, indemnify and save Tenants and their officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Common Facilities, which is not the result of Tenants’ negligence, or willful misconduct or (ii) any negligence or willful misconduct of Landlord, or its agents, employees or contractors. SECTION 16. LANDLORD’S RIGHT OF INSPECTION AND REPAIRS Tenants shall allow Landlord or any person authorized by Landlord reasonable access to the Premises during the Business Hours (as defined in Section 3[E]) for the purpose of 260 of 321 13 examining or exhibiting the same, or to make any repairs or alterations thereof which Landlord may see fit to make (provided that Landlord cannot make voluntary alterations or modifications to the Premises without Tenant’s consent). If the Tenants do not exercise the Option to renew the Lease and/or will be vacating the Premises at or prior to the end of the Term, Tenants will also allow Landlord to have placed upon the Premises at all times notices of “For Sale” and/or “For Rent” and Tenants will not interfere with the same. SECTION 17. DEFAULT AND REMEDIES A. EVENT OF DEFAULT: Any one of the following events shall be deemed to be an event of default hereunder by Tenants subject to Tenants’ right to cure: 1. Tenants shall fail to pay any item of Base Rent at the time and place when and where due and does not cure such failure within five (5) business days after Rent is due; 2. Tenants shall fail to maintain the insurance coverage as set forth herein; 3. Tenants shall fail to comply with any term, provision, condition or covenant of this Lease, other than the payment of rent, and shall not cure, any such failure, within fifteen (15) days after written notice to the Tenants of such failure; 4. Tenants shall make a general assignment the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy; or B. OCCURRENCE OF AN EVENT: Upon the occurrence of any event of default, Landlord shall have the option to pursue any one or more of the following remedies subject to the laws of the State of Illinois and the Tenants’ right to cure: 1. Terminate this Lease, in which event Tenants shall immediately surrender the Premises to Landlord, but if Tenants fail to do so, Landlord may, without further notice and without prejudice to any other remedy Landlord may have for possession or arrearages in rent, or damages for breach of contract, enter upon the Premises and expel or remove and with or without notice of such election or any notice or demand whatsoever, this Agreement shall thereupon terminate and upon the termination of Tenants’ right of possession, as aforesaid, whether this Agreement be terminated or not, Tenants agree to surrender possession of the Premises immediately, without the receipt of any demand for rent, notice to quit or demand for possession of the Premises whatsoever and hereby grants to Landlord full and free license to enter into and upon the Premises or any part thereof, to take possession thereof with or (to the extent permitted by law) without process of law, and to expel and to remove Tenants or any other person who may be occupying the Premises or any part thereof, and Landlord may use such force in and about expelling and removing Tenants and other persons as may reasonably be necessary, and Landlord may re-possess itself of the Premises, but such entry of the Premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue thereof, nor a waiver of any covenant, agreement or promise in this Agreement contained to be performed by Tenants. Tenants agree to indemnify Landlord for all loss and damage which Landlord may suffer by reason of such lease termination, whether through inability to re-let the Premises, or through decrease in Rent, or otherwise. 261 of 321 14 2. Landlord may recover from Tenants upon demand all of Landlord’s costs, charges and expenses, including the fees and costs of counsel, agents and others retained by Landlord which have been incurred by Landlord in enforcing Tenants’ obligations hereunder, subject to Landlord prevailing on its claims. 3. Pursuit of any of the foregoing remedies shall not preclude pursuit of any other remedy herein provided or available to Landlord at law or in equity, or constitute a forfeiture or waiver of any Rent due hereunder or of any damages suffered by Landlord. C. REPOSSESSION OR RELETTING NOT A TERMINATION; LANDLORD’S RIGHT TO TERMINATE NOT FORFEITED: No repossession, operation or re-letting of the Premises or of fixtures and equipment will be construed as an election by Landlord to terminate this Agreement unless a written notice is given by the Landlord to the Tenants. The Landlord may terminate this Agreement if the Tenants remain in default (beyond any applicable notice and cure period). The acceptance of rent, whether in a single instance or repeatedly, after it falls due, or after knowledge of any breach hereof by Tenants, or the giving or making of any notice or demand, whether according to any statutory provision or not, or any act or series of acts except written waiver, shall not be construed as a waiver of Landlord’s rights to act without notice or demand or of any other right hereby given Landlord, or as an election not to proceed under the provisions of this Agreement. D. TENANTS’ OBLIGATION TO PAY DEFICIENCIES: If rentals received by the Landlord from re-letting the Premises under the provisions of this section are insufficient to pay all expenses and amounts due, Tenants will pay any deficiencies to the Landlord on demand and be declared in default for failure to pay. E. LANDLORD’S RIGHT TO PERFORM TENANTS’ DUTIES AT TENANTS’ COST: If in Landlord’s judgment any default by Tenants will jeopardize the Premises or the rights of Landlord, Landlord may, without notice, elect to cure Tenants’ default and Tenants will reimburse Landlord, with interest, on 10-days’ notice by Landlord to Tenants. F. LANDLORD’S RIGHT TO TERMINATE AGREEMENT: If there is an event of default by Tenants as stated in Paragraph A of this section, Landlord may, without further notice, terminate this Agreement and all interest of Tenants and may take possession of the Premises by legal proceedings. G. LANDLORD’S RIGHT ON TERMINATION TO RECOVER AMOUNT EQUAL TO RENT RESERVED: If this Agreement is terminated by Landlord due to any event of default by Tenants, Landlord will be entitled to recover from Tenants, at termination, the excess, if any, of the rent reserved in this Agreement for the balance of the term over the reasonable rental value of the Premises for the same period. The “reasonable rental value” will be the amount of rental Landlord can obtain as rent for the balance of the term. H. LANDLORD’S REMEDIES CUMULATIVE: All of the remedies given to Landlord in this Agreement or by law are cumulative, and the exercise of one remedy by the Landlord will not impair its right to exercise any other right or remedy. Landlord shall not look to the property or assets of any direct or indirect partner, member, manager, shareholder, director, officer, principal, employee or agent of Tenants in seeking either to enforce Tenants’ obligations under this Agreement or to satisfy a judgment for Tenants’ failure to perform such obligations; and none of such parties shall be personally liable for the performance of Tenants’ obligations under this Agreement. 262 of 321 15 SECTION 18. TENANT OBLIGATIONS TO COMMUNITY AND ASSOCIATION A. NOYES CENTER TENANT’S ASSOCIATION: The Tenants acknowledge and agree that it has the right to be a member of the Noyes Center Tenant’s Association (the “Association”) formed by the tenants of the Property. The Association will provide advisory guidance and opinions to City staff on many issues, including, tenant responsibilities and duties with respect to the Property and its Common Area. The Association is structured to focus on certain tasks and advise the City on issues such as the following examples: (a) Provide answers to general questions about offerings by Noyes tenants and directions to studios; (b) Review requirements for community engagement of tenants as needed and make recommendations to the City for any additions or changes; (c) Review any subleases of tenantsof ninety (90) days duration or more; (d) Review proposed annual operating budget for Center and proposed rental increases; (e) Review annual and five year capital improvement program for Center and make recommendations to City on spending priorities; and (f) Together with the Evanston Arts Council, review applications of new tenants at Noyes and make recommendations to City on spending priorities. B. COMMUNITY ENGAGEMENT: Tenants will develop reasonable set programs (e.g. donated tickets for certain events, community theater events [including use of theater or other portions of the Premises by other not-for-profit organizations, and scholarships) to be a steward for the arts in the community. By April 1, 2017, the Tenants will have an action plan developed to address its community engagement program and review its proposed program in consultation with the City Manager and the NCAC Association. If Tenants do not provide an action plan within the time period provided or provide the community engagement programs established between the parties, the Landlord shall send written notice of default, providing Tenants with 14 (fourteen) days to cure the default. The annual value of the Community Engagement provided by Tenants shall be not less than $00 for the period between January 1, 2017 through December 31, 2017 (“Minimum Community Engagement”). Any overage provided by Tenants above the Minimum Community Engagement level for either of the prior two (2) years can be applied as a credit to any deficiency for the current calendar year. If Tenants do not provide the Community Engagement by December 31, 2017 as required and does not cure the default within 15 days of written notice, then Tenants shall pay Landlord a fee equal to 15% of one year’s rent outlined Section 3[A] $00 less the value of the Community Engagement provided during the calendar year. SECTION 19. REMOVAL OF OTHER LIENS In event any lien upon Landlord’s title results from any act or neglect of Tenants and Tenants fail to remove said lien within thirty (30) days after Landlord’s notice to do so, Landlord may remove the lien by paying the full amount thereof or otherwise and without any investigation or contest of the validity thereof and Tenants shall pay Landlord upon request the amount paid out by Landlord in such behalf, including Landlord’s costs, expenses and attorney’s fees. If Tenants demonstrate to Landlord that Tenants are contesting the validity of said lien in good faith, then Landlord shall allow Tenants to so contest such lien until either Tenant either abandons such contest or a final verdict is reached in a court of competent jurisdiction. Any amount advanced on behalf of Tenants shall be paid to Landlord by Tenants within 30 days after such advancement is made together with interest at 9% per annum and such amount shall be considered additional rentals (including any overage provided in either of the two [2] immediately preceding years). SECTION 20. REMEDIES NOT EXCLUSIVE 263 of 321 16 The obligation of Tenants to pay the rent reserved hereby during the balance of the term hereof, or during any extension hereof, shall not be deemed to be waived, released or terminated, by the service of any five-day notice, other notice to collect, demand for possession, or notice that the tenancy hereby created will be terminated on the date therein named, the institution of any action of forcible detainer or ejectment or any judgment for possession that may be rendered in such action, or any other act or acts resulting in the termination of Tenants’ right to possession of the Premises. The Landlord may collect and receive any rent due from Tenants and payment or receipt thereof shall not waive or affect any such notice, demand, suit or judgment, or in any manner whatsoever waive, affect, change, modify or alter any rights or remedies which Landlord may have by virtue hereof. SECTION 21. EXPENSES OF ENFORCEMENT Tenants, if Landlord is the prevailing party, shall pay upon demand all Landlord’s costs, charges and expenses, including attorney’s fees, agents fees and fees of others retained by Landlord, incurred in enforcing any of the obligations of Tenants under this Agreement, or in any litigation, negotiation or transaction in which Landlord shall, without Landlord’s fault become involved through or on account of any action or omission of Tenants regarding this Agreement. Landlord, if Tenants are the prevailing party, shall pay upon demand all Tenants’ costs, charges and expenses, incurred in enforcing any of the obligations of Landlord under this Agreement, or in any litigation, negotiation or transaction in which Tenant shall, without Tenants’ fault become involved through or on account of any action or omission of Landlord regarding this Agreement. SECTION 22. EMINENT DOMAIN A. MORE THAN 30 PERCENT TAKEN: If 30 percent or more of the Premises are taken for a public or quasi-public use, this Agreement will terminate as of the date of the physical taking, and the Parties will be released from all further liability. B. LESS THAN 30 PERCENT TAKEN: If the taking affects less than 30 percent of the Premises, the Landlord will, with reasonable diligence, proceed at Landlord’s expense to repair the Premises and place them in tenantable condition within 120 days after the date of the actual physical taking. However, if 25% percent or more of the Premises as a whole is taken, the Landlord may elect to terminate this Agreement, notwithstanding that less than 30 percent of the Premises were taken. On termination, the parties will be released from all further liability under this Agreement. C. ABATEMENT OF RENT: During any repair, Tenants will be required to pay only that part of the fixed minimum monthly rental as the area of the tenantable Premises remaining during repairs bears to the entire area leased. On completion of repairs, the fixed minimum monthly rental will be adjusted in proportion to the repaired area, and Tenants will be required to pay the adjusted fixed minimum monthly rental in accordance this Agreement (attributable to the portion of the Premises taken) and the remainder of the fixed minimum monthly rental shall be forever waived and forgiven by Landlord. D. RIGHT TO CONDEMNATION AWARD: Any award made in any condemnation proceeding for the taking of any part of the Premises will be the sole property of Landlord, 264 of 321 17 except that Tenants can make a claim for the unamortized portion of the cost incurred by Tenants for the Premises Improvements. SECTION 23. GOVERNMENTAL INTERFERENCE WITH POSSESSION Except as expressly set forth in Section 25, Tenants will not be released from its obligation should their possession of the Premises be interfered with by adoption of any law, ordinance, resolution, regulation or act of any legal or governmental authority. Further, Tenants will not be released by any order of abatement or judgment preventing use of the premises on the ground that the Premises or the business operated there constitutes a legally recognized nuisance. SECTION 24. PEACEFUL ENJOYMENT Landlord covenants and warrants that it is the owner of the Property and Premises, and that Tenants, on payment of rents and performance of the conditions, covenants, and agreements to be performed by it, may enjoy the Premises without interruption or disturbance. Landlord covenants, represents and warrants that there is no mortgage, deed of trust or similar encumbrance affecting the Property, as of the date hereof. SECTION 25. EFFECT OF WAIVER OF BREACH OF COVENANTS No waiver of any breach of any condition of this Agreement will be construed to be a waiver of any other breach of provision, covenant or condition. SECTION 26. AMENDMENTS TO BE IN WRITING This Agreement may be modified or amended only in writing signed by Landlord and Tenants. It may not be amended or modified by oral agreements between the Parties unless they are in writing duly executed by Landlord and Tenants. SECTION 27. PARTIES BOUND Every provision of this Agreement will bind the parties and their legal representatives. The term “legal representatives” is used in its broadest meaning and includes, in addition to assignees, every person, partnership, corporation or association succeeding to any interest in this Agreement. Every covenant, agreement and condition of this Agreement will be binding on Tenant’s successors and assignees. Any sublease, concession or license agreement will be subject and subordinate to this Lease. SECTION 28. NOTICES All notices or demands that either party may need to serve under this Agreement may be served on the other party by mailing a copy by registered or certified mail to the following addresses for the parties (or at such other address as the applicable party may designate in a written notice to the other party): If to the City: with a copy to: 265 of 321 18 City Manager Corporation Counsel 2100 Ridge Avenue 2100 Ridge Avenue Evanston, IL 60201 Evanston, IL 60201 Fax: 847-448-8083 Fax: 847-448-8093 If to Tenants: Mudlark Theater 927 Noyes Street Evanston, IL 60201 Service will be deemed complete at the time of the leaving of notice or within 2 days after mailing. In the event that it appears that Tenants are avoiding the service of any notice and is not present at the Premises for a period of more than 14 consecutive days, notices may be served by posting such notice upon the Premises. Notice shall than be deemed effective 5 days after such posting. SECTION 29. MISCELLANEOUS A. Provisions typed on this Agreement and all riders attached to this Agreement and signed by Landlord and Tenant are hereby made a part of this Agreement. B. Tenant shall keep and observe such reasonable rules and regulations now or hereafter required by Landlord, which may be necessary for the proper and orderly care of the building of which the Premises are a part. C. All covenants, promises, representations and agreements herein contained shall be binding upon, apply and inure to the benefit of Landlord and Tenants and their respective heirs, legal representatives, successors and assigns. D. The rights and remedies hereby created are cumulative and the use of one remedy shall not be taken to excuse or waive the right to the use of another. E. The words “Landlord” and “Tenant” wherever used in this Agreement shall be construed to mean Landlords or Tenants in all cases where there is more than one Landlord or Tenant herein; and the necessary grammatical changes shall be assumed in each case as though full expressed. F. This Agreement and any written and signed Amendments and/or Riders hereto shall constitute the entire agreement between the parties, and any oral representations made by one party to the other are considered merged herein. G. In all cases where Landlord’s consent is required, Landlord’s consent shall not be unreasonably withheld. H. This Agreement may be executed in multiple copies, each of which shall constitute an original. SECTION 30. VENUE AND JURISDICTION 266 of 321 19 The Parties agree the this Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois and that venue for any disputes shall be in the Circuit Court of Cook County, Illinois. SECTION 31. FORCE MAJEURE Other than for Landlord’s and Tenantss obligations under this Lease that can be performed by the payment of money, whenever a period of time is herein prescribed for action to be taken by either party hereto, such time period will be extended by a period equal to the period of any delays in performance by the applicable party due to any of the following events (“Force Majeure”): (i) Acts of God, (ii) strike or other such labor difficulties not specific to any labor issue existing only at the Property, (iii) extraordinary weather conditions greatly exceeding norms for the greater metropolitan area where the Premises located, (iv) extraordinary scarcity of or industry-wide inability to obtain supplies, parts or employees to furnish such services, or (v) or any cause whatsoever beyond a party’s control. For purposes of this Section 31, a cause or event shall not be deemed to be beyond a party's control, if it is within the control of such party's agents, employees or contractors. 267 of 321 20 IN WITNESS WHEREOF, both of said Landlord and Tenants caused this Agreement to be executed as of the date signed by the Landlord. Landlord: THE CITY OF EVANSTON, an Illinois home rule municipal corporation By: __________________________________ Date: ____________________ Its: City Manager, Wally Bobkiewicz Tenant: Mudlark Theater By: _________________________________ Its: _________________________________ 268 of 321 21 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1: BLOCK 1 IN TAIT’S SUBDIVISION OF BLOCK 4 OF ORRINGTON ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART EAST OF THE CENTER LINE OF RIDGE AVENUE OF THE SOUTH ½ OF THE NORTH ½ OF THE SOUTH WEST ¼, AND THAT PART BETWEEN THE WEST LINE OF BLOCK 92 OF THE VILLAGE OF EVANSTON AND THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD OF THE NORTH ½ OF THE NORTH ½ OF THE SOUTH ½ OF THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 2: LOTS 12 TO 21, BOTH INCLUSIVE, IN BLOCK 2 IN TAIT’S SUBDIVISION OF BLOCK 4 OF ORRINGTON ADDITION TO EVANSTON, ACCORDING TO THE PLAT OF SAID TAIT’S SUBDIVISION RECORDED MARCH 8, 1906, AS DOCUMENT NUMBER 3829417, TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOT 12 IN BLOCK 2 IN TAIT’S SUBDIVISION, AFORESAID, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 3: LOTS 1, 2, 3 AND 4 IN BLOCK 1 IN A. BURROUGHS’ ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART OF LOT 15 AND THE EAST 145.5 FEET OF LOT 16 LYING WEST OF THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF LOT 1 AND NORTH OF THE LOTS 2, 3 AND 4 IN SAID BLOCK 1, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 4: LOTS 1, 2, 3, 4 AND THE EAST 19 FEET OF LOT 5 IN BLOCK 2 IN A BURROUGHS’ ADDITION TO EVANSTON, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED APRIL 15, 1893, AS DOCUMENT NUMBER 1850049; TOGETHER WITH THE VACATED 16 FOOT ALLEY LYING EAST OF THE EAST LINE OF LOT 5 AND WEST OF THE WEST LINE OF SAID LOTS 1, 2, 3 AND 4 IN SAID BLOCK 2, ALSO TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOT 4 IN BLOCK 2, AFORESAID, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 5: THAT PART OF LOT 16 IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: 269 of 321 22 COMMENCING AT A POINT ON THE NORTH LINE OF NOYES STREET, WHICH IS 323.8 FEET EAST OF THE INTERSECTION OF SAID NORTH LINE OF NOYES STREET WITH THE CENTER LINE OF RIDGE AVENUE; THEN CONTINUING EAST ALONG THE NORTH LINE OF NOYES STREET, 125 FEET; THENCE NORTH 115.5 FEET TO THE SOUTH LINE OF LAND FORMERLY OWNED AND OCCUPIED BY ALONZO BURROUGHS, BEING NOW THE SOUTH LINE OF A. BURROUGHS’ ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART OF LOT 15 AND THE EAST 145.5 FEET OF LOT 16 LYING WEST OF THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD IN ASSESSOR’S DIVISION, AFORESAID; THENCE WEST ALONG THE LAST DESCRIBED LINE, 125 FEET TO THE EAST LINE OF THE WEST ½ OF SAID LOT 16 (BEING ALSO THE EAST LINE OF FOSTER AND KLINE’S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF THE LOT 16 IN ASSESSOR’S DIVISION, AFORESAID): THENCE SOUTH ALONG THE LAST DESCRIBED LINE, 115.5 FEET TO THE PLACE OF BEGINNING, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 6: LOTS 3 AND 4 IN FOSTER AND KLINE’S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF LOT 16 IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 7: ALL THAT PART OF VACATED ERVIN COURT LYING SOUTH OF THE SOUTH LINE OF COLFAX STREET AND NORTH OF THE NORTH LINE OF NOYES STREET, SAID ERVIN COURT HAVING BEEN VACATED BY CITY OF EVANSTON ORDINANCE DATED NOVEMBER 23, 1931, AND RECORDED MARCH 23, 1932, AS DOCUMENT NUMBER 11063489, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Real property address: 927 Noyes, Evanston, Illinois 60201 PIN:11-07-114-027-0000 270 of 321 EXHIBIT B NOYES CULTURAL ARTS CENTER PROPERTY FEES SCHEDULE 271 of 321 Exhibit BFY 2016/17FEEDESCRIPTIONA/C & AIR HANDLING UNITS$93.73 Monthly fee for studios ranging between 1-500 sq. ft. $125.66Monthly fee for studios ranging over 500 and up to 1,000 sq. ft. $156.56Monthly fee for studios ranging over 1,000 and up to 2000 sq. ft. $186.43Monthly fee for studios over 2,000 sq. ft.KEYS$5.00First two (2) keys to all Leased spaces with a Lessor installed lock includedNOYES GALLERIES$50.00 Hourly rate for residents, 60201 & 60202$100.00Hourly rate for non-residentsPARKING - LOT #51$32.00 Monthly fee for each permit$352.00 Yearly fee for each permit, must be paid in full $30.00 Bundle Pack (6) Daily PermitsSTAFF & UTILITY FEE$66.00Additional Hourly rate for all users if Bldg. is occupied other than normal Bldg. hours.STUDIO #106*$20.00 Tenant rate/hourly for activities relative to lease $50.00Evanston Resident Rates, 60201 & 60202 $60.00Non-Resident Rates SQUARE FOOT $11.80BasementRATE$15.611st Floor$13.882nd Floor OBSERVED HOLIDAYS 2016/17• Thanksgiving Day, Thursday, November 24, 2016• Friday After Thanksgiving, Friday, November 25, 2016 • Saturday, December 24, 2016 closed• Christmas Day, Sunday, December 25, 2016• Christmas Day Observed, Monday December 26, 2016• New Year's Eve, Saturday, December 31, 2016 close at 3:00pm• New Year's Day, Sunday, January 1, 2017 • New Year's Day Observed, Monday, January 2, 2017 LESSEE: ______________DATE:___________ 272 of 321 For City Council meeting of April 25, 2016 Item A9 Resolution 29-R-16: Lease of Two Apartments at 631 Howard Street For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager Johanna Leonard, Economic Development Division Manager Subject: Authorization for the City Manager to Negotiate and Execute Residential Leases for Two Apartments Located at 631 Howard Street Date: April 14, 2016 Recommended Action: Staff recommends that the City Council approve Resolution 29-R-16 authorizing the City Manager to execute residential leases for two apartments located at 631 Howard Street. These are renewals of leases for tenants in each of the two units at this property. Summary: In February 2011, the City purchased a three-story mixed use building located at 629- 631 Howard Street. The building contained two residential units and ground floor commercial space. Since acquisition, the City has engaged in various rehabilitation activities at the property to make it suitable for residential and commercial use. The City uses the Department of Housing and Urban Development’s (HUD) Fair Market Rents (FMR) to define affordable rents in its CDBG Housing Rehabilitation Program. Rents charged to tenants must be at or below the HUD FMR currently in effect for the Chicago-Joliet-Naperville, IL HUD Metro FMR Area. The 2016 FMR for a two-bedroom unit is $1,176.00 per month. All rent payments will continue to be receipted as Revolving Loan Income following CDBG regulations and will be used for eligible Housing rehabilitation projects in the future. The term of the lease is from May 1, 2016 through April 30, 2017. The tenant is responsible for all utility payments for this unit. Renewals of this lease will be subject to City Council action. Attachments: Resolution 29-R-16 Copy of Residential Lease Memorandum 273 of 321 4/11/2016 29-R-16 A RESOLUTION Authorizing the City Manager to Negotiate and Execute Residential Leases for Two Apartments Located at 631 Howard Street WHEREAS, the City of Evanston owns certain real property known as 629-631 Howard Street, Evanston, Illinois (the “Subject Property”), which is improved with a three-story building containing one (1) commercial unit on the bottom floor and two residential units on the top two floors; and WHEREAS, Marcus Yakhnis and Kyle Kirkwood (the “Tenants”), seek to renew the lease agreement for the other residential unit (631 Howard, Unit 1) from the City for a one-year term; and WHEREAS, Anne Carlson and Cody Modeer (the “Tenants”), seek to renew the lease agreement for one of the residential units (631 Howard, Unit 2) from the City for a one-year term; and WHEREAS, the City Council has determined that it is in the best interests of the City of Evanston to lease the aforementioned residential units and to execute lease agreements with the Tenants, 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: Pursuant to Subsection 1-17-4-1 of the Evanston City Code of 2012, as amended, the City Manager is hereby authorized and directed to 274 of 321 29-R-16 ~2~ negotiate and execute, and the City Clerk hereby authorized and directed to attest, on behalf of the City of Evanston, a lease agreement by and among the City and the Tenants for a term of one (1) year. The lease agreement shall be in substantial conformity with the lease attached hereto as Exhibit “A” and incorporated herein by reference. SECTION 3: The City Manager is hereby authorized and directed to negotiate any additional terms and conditions for the lease agreements as may be determined to be in the best interests of the City and approved as to form by the Corporation Counsel. SECTION 4: This Resolution 29-R-16 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: __________________, 2016 275 of 321 29-R-16 ~3~ EXHIBIT A RESIDENTIAL LEASE AGREEMENT THIS LEASE ("Lease") is entered by and between CITY OF EVANSTON, an Illinois municipal corporation and a home rule unit of the State of Illinois (the "Landlord") and [INSERT TENANT NAME], individuals (collectively referred to herein as "Tenant") for the lease of a two bedroom residential unit as described below. In consideration of the rents, covenants and conditions hereafter set forth, the Landlord and Tenant hereby agree as follows: 1. BASIC LEASE PROVISIONS. In addition to the other terms which are elsewhere defined in this Lease, the following words and phrases, whenever used in this Lease, shall have the meanings set forth in this Section 1. (a) Date of Lease: May 1, 2016 (b) Property: 629-631 Howard Street Evanston, IL 60202 (c) Premises: 631 Howard Street, Unit 2 Evanston, IL 60202 (d) Possession Date: Immediate (e) Lease Term: One Year (f) Base Rent: $1,176/per month (g) Real Estate Taxes Landlord will be responsible for the payment of the and Operating real estate taxes for the Premises and the costs of Expenses: owning, operating, maintaining, and repairing the common areas of the Property. (h) Utilities: Tenant will be responsible for the payment of the following utilities: electricity, cooking gas, cable, internet and other related expenses. (i) Permitted Use: The Premises shall be used only as a private dwelling and for no other purposes whatsoever. (j) Security Deposit: $958.00 (One Month Rent), previously deposited by Tenant and no additional security is needed for the renewal of the Lease. 276 of 321 29-R-16 ~4~ 2. PREMISES AND COMMERCIAL LEASE. Landlord owns the Property which is a mixed use building and Landlord does hereby lease and rent to Tenant, and Tenant does hereby lease, take and rent from Landlord one of the residential units, the “Premises”. The Premises is a two-bedroom unit. The Landlord and Tenant shall also be entering into a separate Lease and Option Agreement (the “Commercial Lease”) for the first floor commercial space. In the event of any conflict between the terms and conditions of this Lease and the terms of the Commercial Lease, the parties unconditionally agree that the terms and conditions of this Lease shall supersede, prevail and dictate. Any term or condition of the Commercial Lease not addressed within this Lease shall remain in full force and effect. The Landlord will cause the halls, corridors, and other parts of the Property adjacent to the Premises to be lighted, cleaned and generally cared for, accidents and unavoidable delays excepted. No modifications, alterations, additions, installations, or renovations, except decorating, shall be undertaken by the Tenant without first obtaining the written permission from the Landlord, such approval not to be unreasonably withheld. Excluding damage by fire or other casualty and action of Landlord, Tenant shall pay for any and all damage to the interior of the Premises beyond normal wear and tear and shall do so within thirty (30) days of invoicing by the City. If Tenant does not pay said invoice, the Landlord may elect to make the repairs needed and apply the Security Deposit pledged by the Tenant to cover the costs. Landlord will deliver the Premises to Tenant no later than the Possession Date in “broom -clean” state with all systems functional and in good condition and repair, except as provided herein. 3. TERM. The term of this Lease (the ‘Term”) shall be for a period of one (1) year commencing on May 1, 2016 (the “Possession Date”) as defined in Section 1(d) and twelve months thereafter to April 30, 2017 (the “Expiration Date”). After the Lease is terminated, the Tenant shall leave the Premises in broom clean condition and shall turn over any and all keys to the City Manager or his or her designee. 4. RENT. Tenant agrees to pay Landlord or Landlord’s agent for the leasing of the Premises, the monthly base rent due under the terms of this Lease on the 1 st day of the month (the “Base Rent”) at the rate of One Thousand One Hundred Seventy-Six and no/100 Dollars ($1,176.00). If the Tenant chooses to renew the lease agreement at year end, the Base Rent is subject to change based on the Chicago-Joliet-Naperville, IL HUD Metro Area Fair Market Rent for the subsequent years. The Tenant also acknowledges that they will have to submit proof of income prior to any renewal of the lease agreement for eligibility under HUD guidelines. 5. SECURITY DEPOSIT. Landlord shall retain the security deposit submitted by Tenant for previous lease term in the amount of Nine Hundred Fifty-Eight and no/100 Dollars ($958.00), the amount of one month’s rent and security for this lease term and no additional security is necessary. Said sum shall be held by Landlord as security for the performance of all terms, covenants and conditions of this Lease to be performed by Tenant. If Tenant defaults with respect to any provisions of this lease, Landlord may at its option apply all or any portion of such deposit to compensate Landlord for any loss or damage it may sustain. Landlord shall not be required to keep this security deposit separate from its general funds and Tenant shall not be entitled to any interest on such 277 of 321 29-R-16 ~5~ deposit. Tenant shall not use the security deposit as the last month’s rental payment. The Landlord shall itemize the deductions from the Security Deposit, if any. 6. PARKING AND BASEMENT. The Tenant shall be entitled to the use of one (1) parking spot in the back of the Property under this residential lease. Landlord will not be responsible for clearing the parking space and surrounding area free from snow and ice, this is the responsibility of the Tenant. Tenant shall not be provided a storage locker in the basement area. 7. NO LIENS. Tenant shall not permit to be created nor to remain un-discharged any lien, encumbrance or charge to become, a lien or encumbrance or charge upon the Premises by any of Tenant’s creditors or resulting from leasehold improvements. If any lien or notice of lien on account of an alleged debt of Tenant or any notice of contract by a party engaged by Tenant or Tenant’s contractor to work in the Premises shall be filed against the Premises, Tenant shall, within sixty (60) days after notice of the filing thereof, cause the same to be discharged of record by payment, deposit or bond or obtain title insurance over the same. In the event Tenant diligently contests any such claim of lien, Tenant agrees to indemnify, defend, and hold harmless Landlord from any and all reasonable out of pocket costs, liability and damages, including attorneys’ fees resulting therefrom, and, if requested, upon demand, Tenant agrees to immediately deposit with Landlord cash or surety bond in form and with a company reasonably satisfactory to Landlord in an amount equal to the amount of such contested claim. 8. TENANT INSURANCE OBLIGATIONS. The Tenant shall furnish copies of a certificate of renter’s insurance with the Landlord named as an additional insured with an insurance company acceptable to the Landlord for its renter’s insurance policy. 9. QUIET ENJOYMENT. Landlord hereby covenants and agrees that if Tenant shall perform all the covenants and agreements on Tenant’s part to be performed, Tenant shall at all times during the Term have the quiet enjoyment and possession of the Premises. Absent this statement, Tenant acknowledges and agrees that they are renting a residential space above a commercial business and the adjoining commercial building has outdoor patio seating which may impact Tenant’s quiet enjoyment. 10. CERTAIN RIGHTS RESERVED TO LANDLORD. In addition to those rights identified above, Landlord reserves the following rights: (a) to decorate, remodel, repair, alter or otherwise prepare the Premises for re-occupancy if Tenant should permanently vacate the Premises during or prior to the last sixty (60) days of the Term or any part thereof; (b) to retain pass keys to the Premises; (c) to take any and all measures, including, without limitation, inspections, repairs, and alterations to all or any part of the Premises, as may be necessary or desirable for the safety, protection or preservation of the Premises or 278 of 321 29-R-16 ~6~ Landlord's Interests or as may be necessary or desirable in the operation of the commercial portions of the Premises; and Landlord may enter upon the Premises with reasonable notice to Tenant and may exercise any or all of the foregoing rights hereby reserved without being deemed guilty of an eviction or disturbance of Tenant’s use or possession and without being liable in any manner to Tenant. Landlord agrees that it shall not interfere with the Tenant's use and occupancy unless Landlord determines in its reasonable discretion that such interference is necessary. 11. DEFAULT REMEDIES. (a) Any one of the following events shall be deemed to be an event of default hereunder by Tenant subject to Tenant's right to cure: (1) Tenant shall fail to pay rent within five (5) days, at the time and place when and where due; (2) Tenant shall fail to maintain the insurance coverage as set forth herein; (3) Tenant shall fail to comply with any term, provision, condition or covenant of this Lease, other than the payment of Rent, and shall not cure, or commence the good faith cure of any such failure, within 30 days after written notice to the Tenant of such failure, provided that if such cure cannot be effected within 30 days, Tenant shall not be in default hereunder so long as Tenant commences such cure or has requested bids for such cure within 45 days and diligently pursues the completion and in good faith and Tenant does subsequently cure said default within 60 days; and (4) Tenant assigns this Lease or sublets the Premises to any other persons. (b) Upon the occurrence of any event of default, Landlord shall have the option to pursue any one or more of the following remedies subject to the laws of the State of Illinois and the Tenants right to cure: (1) Terminate this Lease and in the event of such termination, Landlord may, at its option, declare the entire amount of the Rent which would become due and payable during the remainder of the Term to be due and payable immediately, in which event Tenant agrees to pay the same at once, together with all Rent theretofore due, provided, however, that such payments shall not constitute a penalty or forfeiture or liquidated damages, but shall merely constitute payment in advance of the Rent for the remainder of the Term. (2) Landlord may recover from Tenant upon demand all of Landlord's costs, charges and expenses, including the fees and costs of counsel, agents and others retained by Landlord which have been incurred by Landlord in enforcing Tenant's obligations hereunder, subject to Landlord prevailing on its claims. 279 of 321 29-R-16 ~7~ (c) Pursuit of any of the foregoing remedies shall not preclude pursuit of any other remedy herein provided or available to Landlord at law or in equity, or constitute a forfeiture or waiver of any Rent due hereunder or of any damages suffered by Landlord. 12. INDEMNITY. Tenant agrees that the mayor and council members, department and divisions officials, officers, agents, attorneys, and employees of the Landlord shall not be liable for any claim of any kind or in any amount for any injury to or death or persons or damage to property of Tenant or any other person. Tenant shall indemnify and hold Landlord harmless from all liability whatsoever, and from all losses, costs and expenses (including without limitation attorneys' fees and expenses) incurred or suffered as a result of or related to any real or claimed damage or injury related to Tenant's negligence, gross negligence, or acts of intentional misconduct. In the event that Tenant is named as a defendant in any legal proceeding arising from any acts of gross negligence or intentionally wrongful acts of Landlord for any injury or any claimed damage occurring at the Premises, then Landlord shall indemnify and hold Tenant harmless from all liability whatsoever, and from all losses, costs and expenses (including without limitation attorneys' fees and expenses) incurred or suffered as a result of or related to any real or claimed damage or injury provided that a) Landlord is named as a defendant in the legal proceeding; b) the claim arises from acts of gross negligence or intentional misconduct by the Landlord; c) Tenant’s own negligent act or intentional misconduct; and d) the claim is unrelated to Tenant's use and occupancy of the Premises. 13. LIABILITY FOR ACTS OR NEGLECT. If any damage to the Premises, or any part thereof, results from any. act or neglect of Tenant or its invitees or other guests, agents, customers, invitees or other guests of it’s cu stomers, or employees, independent contractors, or the like, Tenant shall immediately repair the same; provided, however, that Landlord may, at its option, repair such damage and Tenant shall, upon demand by the Landlord, reimburse the Landlord forthwith for the total cost of such repairs. All personal property belonging to Tenant shall be at the sole risk of the Tenant and such other person only and the Landlord shall not be liable for damage, theft or misappropriation thereof. 14. DESTRUCTION OR CONDEMNATION. In the event of destruction of or damage to, the Premises by fire or other casualty, Landlord shall use the proceeds of its insurance to promptly rebuild and restore the Premises to their condition immediately prior to such destruction or damage. Landlord or Tenant may terminate this Lease and the Parties rights hereunder and the Parties shall be released of its obligations and this Lease shall cease and terminate as of the date the other Party receives written notice of such election, and neither party hereto shall have any further obligation to the other. If the whole or any part of the demised Premises shall be taken by any public authority under the power of eminent domain, the Lease term shall cease as of the day of possession shall be taken by such authority if such is of the entire demised Premises and any rents shall be prorated as of said date. 280 of 321 29-R-16 ~8~ 15. ATTORNEYS' FEES AND EXPENSES. If at any time during the Term of this Lease either Landlord or Tenant shall institute any action or proceeding against the other relating to the provisions of this Lease, or any default hereunder, each party to pay its own attorneys fees and costs. 16. ENTIRE AGREEMENT. This Lease contains the entire agreement of the parties with respect to the Premises and no representations or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. No failure of Landlord to exercise any power given Landlord hereunder or to insist upon strict compliance by Tenant of any obligation hereunder, and no custom or practice at variance with the terms hereof, shall constitute a waiver of Landlord's right to demand strict compliance with the terms hereof. Time is of the essence of this Lease, and of each term, condition and provision hereof. 17. HOLDING OVER. Upon termination of this Lease, by lapse of time or otherwise, Tenant shall surrender the Premises (and all keys thereto) in the same condition as at commencement of the Term, excepting only reasonable wear and tear and loss by insured casualty. If Tenant remains in possession after expiration of the Term, Tenant agrees to yield up immediate and peaceable possession to Landlord, and if failing to do so, in connection with the expiration of the Term or any termination hereof by th e Parties, the Tenant shall pay the sum of one hundred and no/100 Dollars ($100.00) per day, for the time such possession is withheld. 18. SEVERABILITY. If any term, covenant or condition of this Lease or the application thereof to any person or circumstance shall be determined to be invalid or unenforceable to any extent, neither the remainder of this Lease nor the application of such term, covenant or condition to any other person or circumstance shall be affected thereby, and each term, covenant or condition of this Lease shall be valid and enforceable to the fullest extent permitted by law. 19. GOVERNING LAW AND TIME LIMITATION. This Lease shall be construed and enforced in accordance with the laws of the State of Illinois. All disputes relating to the interpretation and enforcement of the provisions of this Lease shall be resolved exclusively by the federal or state court located in Cook County, Illinois, and the parties hereto hereby submit to the jurisdiction and venue of the court for such purpose. 20. NOTICES. Notices sent to the Parties, should be mailed to the addresses set forth below. Mailed notices must be sent via certified mail, return receipt requested. Landlord: City of Evanston Tenant: XXXX Attn: City Manager 631 Howard Street, Unit x 2100 Ridge Avenue Evanston, IL 60202 Evanston, IL 60201 281 of 321 29-R-16 ~9~ IN WITNESS WHEREOF, both of said Landlord and Tenant have caused this Lease to be effective on the last date executed by a party written below. Landlord: THE CITY OF EVANSTON, an Illinois home rule municipal corporation By: _________________________________ Its: City Manager, Wally Bobkiewicz Dated: _____________________ Tenant: Tenant: By: _______________________ By: ________________________ Dated: _____________________ Dated: _____________________ 282 of 321 For City Council Meeting of April 25, 2016 Item A10 Resolution 35-R-16 Loan Forgiveness for Signature Foods Solutions, Inc. For Action To: Honorable Mayor and Members of the City Council Honorable Members of the Administration and Public Works Committee From: Wally Bobkiewicz, City Manager Subject: Loan Forgiveness Related to the Property at 2424 Dempster f/k/a Chicken & Waffles Date: April 25, 2016 Recommended Action: Staff submits to City Council Resolution 35-R-16. Summary: Signature Foods Solutions, Inc. d/b/a Chicken and Waffles (“CW”) closed its business at 2424 Dempster in 2015. It proposes to sell the property and requested a payoff letter related to the $200,000 Economic Development Fund loan given to it by the City in 2012. CW proposes to pay $59,832.36 on the loan/mortgage, leaving a remaining deficiency owed to the City of $154,346.55. A new buyer proposes to come into 2424 Dempster and proceed with a new economic development opportunity. Legislative History: In 2012 the City Council approved Resolution 43-R-12 which authorized the execution of a loan agreement with Signature Foods Solutions, Inc. d/b/a Chicken and Waffles in the amount of $200,000 to be disbursed from the City’s Economic Development Fund. Any actions related to loan, including accepting the short sale requested and forgiving the deficiency amount owed to the City on the loan can only be approved via Resolution. This transaction will clear the City’s lien on the property, allowing a new buyer to purchase, and establish a new restaurant. This in turn will return the property to a productive and desirable use. Attachments: Resolution 35-R-16 HUD-1 Settlement Statement Memorandum 283 of 321 4/19/2016 35-R-16 A RESOLUTION Approving the Short Sale of 2424 Dempster Street (f/k/a “Chicago’s Home of Chicken & Waffles”) to a New Buyer and Actions Related Thereto WHEREAS, in 2012, the City adopted Resolution 43-R-12 which authorized the execution of a loan agreement with Signature Foods Solutions, Inc. d/b/a Chicken and Waffles (“CW”) in the amount of $200,000 to be disbursed from the City’s Economic Development Fund; and WHEREAS, CW was to own and operate a restaurant at 2424 Dempster Street (the “property”); and WHEREAS, the City secured its interest in the loan agreement by way of a second priority mortgage on the property; and WHEREAS, CW closed this restaurant in May 2015; and WHEREAS, CW is scheduled to close a sale with a new buyer for the property; and WHEREAS, the new buyer proposes to open a new restaurant at the property; establishing a new restaurant which will return the property to a productive and desirable status and WHEREAS, CW owes the City $214,178.91 in loan principal, interest and late payment fees; and WHEREAS, CW provided to the City a HUD-1 Settlement Statement for the proposed property sale which indicates it will pay the City $59,832.36 in settlement 284 of 321 35-R-16 ~ 2 ~ charges in full and final settlement of the loan agreement and as a full and final payoff of the City’s second priority mortgage interest on the property; and WHEREAS, the HUD-1 Settlement Statement indicated that CW will pay in full the first priority mortgage on the property held by Evanston First Bank & Trust, as well as pay in full property tax arrearages and penalties owed to Cook County and monies owed to the Illinois Department of Revenue; and WHEREAS, any action to be taken by the City relative to the proposed closing on the property or loan forgiveness can only be authorized via Resolution. NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized to issue a payoff letter to Signature Food Solutions, in the amount not to exceed fifty nine thousand eight hundred thirty two dollars and thirty six cents ($59,832.36). SECTION 2: The City hereby forgives and foregoes any action to collect on the deficiency judgment on the mortgage and promissory note authorized by Resolution 35-R-16, such $154,346.55 deficiency amount that is due and owing by Signature Food Solutions, Inc. to the City. SECTION 3: This Resolution 35-R-16 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Elizabeth B. Tisdahl, Mayor 285 of 321 35-R-16 ~ 3 ~ Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2016 286 of 321 A. SETTLEMENT STATEMENT (HUD-1) OMB Approval No. 2502-0265 B. Type of Loan 1. FHA RHS2. 3. Conv. Unins.X 7. Loan Number:6. File Number: Conv. Ins.5. VA4. 8. Mortgage Insurance Case Number: CH15026743 This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. C. Note: ( CH15026743/ 22) Chase IL D. Name and Address of Borrower:E. Name and Address of Seller:F. Name and Address of Lender: Akmal Qazi IL Signature Food Solutions, Inc. 2424 West Dempster Evanston, IL 60202 G. Property Location: 2424 West Dempster Evanston, IL 60202 Cook County, Illinois I. H. Settlement Agent:Settlement Date: Fidelity National Title Company, LLC (312)621-5000 November 30, 2015 20 N Clark, Ste 220 Chicago, IL 60602 Disbursement Date: November 30, 2015Place of Settlement: 20 N Clark Ste 220 Chicago, IL 60602 J. Summary of Borrower's Transaction 100. Gross Amount Due from Borrower Contract sales price101. 540,000.00 Personal property102. Settlement charges to borrower (line 1400)103. 5,061.00 104. 105. Adjustments for items paid by seller in advance City/Town taxes106. County taxes107. Assessments108. 109. 110. 111. 112. 545,061.00120.Gross amount due from Borrower 200. Amounts Paid by or in Behalf of Borrower Deposit or earnest money201. Principal amount of new loan(s)202. Existing loan(s) taken subject to203. 204. 205. 206. 207. 208. Seller's credit for Owner's Policy209. 2,305.00 Adjustments for items unpaid by seller City/Town taxes210. County taxes to07/01/15 04/07/16211. 32,183.11 Assessments212. 213. 214. 215. 216. 217. 218. 219. 34,488.11220.Total paid by/for Borrower 300. Cash at Settlement from/to Borrower Gross amount due from Borrower (Line 120) 545,061.00301. Less amount paid by/for Borrower (Line 220) 34,488.11)(302. 510,572.89303.CASH FROM BORROWER K. Summary of Seller's Transaction 400. Gross Amount Due to Seller Contract sales price401. 540,000.00 Personal property402. 403. 404. 405. Adjustments for items paid by seller in advance City/Town taxes406. County taxes407. Assessments408. 409. 410. 411. 412. 420.Gross amount due to Seller 540,000.00 500. Reductions in Amount Due to Seller Excess deposit (see instructions)501. Settlement charges to seller (line 1400)502. 318,879.10 Existing loan(s) taken subject to503. Payoff of first mortgage loan to First Bank & Trust504. 186,632.79 Payoff of second mortgage loan505. 506. 507. 508. Seller's credit for Owner's Policy509. 2,305.00 Adjustments for items unpaid by seller City/Town taxes510. County taxes to511. 32,183.1104/07/1607/01/15 Assessments512. 513. 514. 515. 516. 517. 518. 519. 520.Total reduction amount due Seller 540,000.00 600. Cash at Settlement from/to Seller Gross amount due to Seller (Line 420)601. 540,000.00 Less reductions due Seller (Line 520))(602. 540,000.00 603.CASH TO/FROM SELLER 0.00 Previous editions are obsolete HUD-1, Page 1 Printed on 03/31/2016 at 7:47:13PM C CH15026743/22287 of 321 L. Settlement Charges Paid From Seller's Funds at Settlement Paid From Borrower's Funds at Settlement 700.Total Real Estate Broker Fees $43,200.00 Division of commission (line 700) as follows: to701.Spero Adamos$ 43,200.00 to702. 43,200.00703.Commission paid at settlement 704. Items Payable in Connection with Loan800. (from GFE #1)801.Our origination charge (from GFE #2)802.Your credit or charge (points) for the specific interest rate chosen (from GFE #A)Your adjusted origination charges803. Appraisal fee (from GFE #3)804. Credit report (from GFE #3)805. Tax service (from GFE #3)806. Flood certification (from GFE #3)807. 808. 809. 810. 811. Items Required by Lender to be Paid in Advance900. 901.Interest from 11/30/15 to 12/01/15 to Chase (from GFE#10) 902.Mortgage insurance premium for (from GFE #3)month to 903.Homeowner's insurance for year to (from GFE #11) 904.for year to 905. Reserves Deposited with Lender1000. Initial deposit for your escrow account (from GFE #9)1001. per @ $Homeowner's insurance1002.MonthMonths per @ $Mortgage insurance1003.MonthMonths per @ $Property taxes1004.MonthMonths per @ $1005.MonthMonths per @ $1006.MonthMonths per @ $1007.MonthMonths 1008.Aggregate Adjustment Title Charges1100. Title services and lender's title insurance See additional 1101 items(from GFE #4) 298.001101. 2,383.00 Settlement or closing fee1102.$1,400.00 See additional 1103 itemsOwner's title insurance to Randy Crumpton / FNTIC (from GFE #5)1103. 2,480.00 See additional 1104 itemsLender's title insurance to Randy Crumpton / FNTIC1104.$675.00 1105.Lender's title policy limit 1106.$540,000.00 Owner's title policy limit 1107.Agent's portion of the total title insurance premium $2,174.00 1108.Underwriter's portion of the total title insurance premium $981.00 1109. 1110. 1111. 1112. 1113. Government Recording and Transfer Charges1200. 1201. 198.00(from GFE #7)Government recording charges to Fidelity National Title Company, LLC Deed $; Mortgage $ ; Releases $ 198.001202. Transfer taxes to Cook County Recorder 1203.(from GFE #8) 1204.City/County tax/stamps Mortgage $Deed $; 1205.State tax/stamps Mortgage $ 540.00Deed $; 540.00 270.00Cook County IL Transfer Tax Deed $270.001206. City of Chicago IL Transfer Tax 1207. 2,700.00Evanston Transfer Stamps Mortgage $2,700.001208. 1209. Additional Settlement Charges1300. 1301.(from GFE #6)Required services that you can shop for 1302. 750.00Survey to TBD 1303. 2,500.00Miscellaneous to TBD 1304. 3,803.44Evanston Water Bill to City of Evanston ***amt needs to be verified***1305. 194,562.302012, 2013, 2014, and 1st Installment 2015 Redemption to Cook County Treasurer 1306. 59,832.36Payoff Lien to City of Evanston 1307. 10,423.00Payoff Lien to Illinois Dept of Revenue 1308. 318,879.10 5,061.00Total Settlement Charges (enter on lines 103, Section J and 502, Section K)1400. *Paid outside of closing by borrower (B), seller (S), lender (L), third-party (T) Previous editions are obsolete HUD-1, Page 2 Printed on 03/31/2016 at 7:47:13PM C CH15026743/22288 of 321 Comparison of Good Faith Estimate (GFE) and HUD-1 Charges HUD-1 Line Number Good Faith EstimateCharges That Cannot Increase HUD-1 Our origination charge 801 0.00# 0.00 Your credit or charge (points) for the specific interest rate chosen 802 0.00# 0.00 Your adjusted origination charges 803 0.00# 0.00 Transfer taxes 1203 0.00# 0.00 Good Faith EstimateCharges That In Total Cannot Increase More Than 10% HUD-1 Government recording charges 1201 198.00# 198.00 Appraisal fee 804 0.00# 0.00 Credit report 805 0.00# 0.00 Tax service 806 0.00# 0.00 Flood certification 807 0.00# 0.00 Title services and lender's title insurance 1101 2,383.00# 2,383.00 2,581.00 2,581.00Total Increase between GFE and HUD-1 Charges %$or 0.00 0.00 Good Faith EstimateCharges That Can Change HUD-1 Initial deposit for your escrow account 1001 0.00# 0.00 Daily interest charges 901 0.00# 0.00$ /day Homeowner's insurance 903 0.00# 0.00 Loan Terms Your initial loan amount is $ Your loan term is 30 years Your interest rate is % Your initial monthly amount owed for principal, interest and any mortgage insurance is $includes Principal Interest Mortgage Insurance N/A No Yes, it can rise to a maximum of %. The first change will be and can change again every after . Every change date, your interest rate can increase or decrease by %. Over the life of the loan, your interest rate is guaranteed to never be lower than % or higher than % x Can your interest rate rise? . x No Yes, it can rise to a maximum of $Even if you make payments on time, can your loan balance rise? Even if you make payments on time, can your monthly amount owed for principal, interest, and mortgage insurance rise? No Yes, the first increase can be and the monthly amount owed can rise to $ . The maximum it can ever rise to is $ . x Does your loan have a prepayment penalty?No Yes, your maximum prepayment penalty is $x . Does your loan have a balloon payment?No Yes, you have a balloon payment of $ due in years on x . You have an additional monthly escrow payment of $ that results in a total initial monthly amount owed of $. x items directly yourself. property taxes and homeowners insurance. You must pay these You do not have a monthly escrow payment for items, such as Total monthly amount owed including escrow account payments items checked below: This includes principal, interest, any mortgage insurance and any Property taxes Homeowner's insurance Flood insurance Note: If you have any questions about the Settlement Charges and Loan Terms listed on this form, please contact your lender. Previous editions are obsolete HUD-1, Page 3 Printed on 03/31/2016 at 7:47:13PM C CH15026743/22289 of 321 Fidelity National Title Company, LLC 20 N Clark, Ste 220, Chicago, IL 60602 Phone: (312)621-5000 | FAX: (312)621-5033 HUD-1, ATTACHMENT Settlement Date:November 30, 2015 Escrow no.:FCHT-5216-CH15026743 Disbursement Date:November 30, 2015 Escrow Officer: Settlement Agent:Fidelity National Title Company, LLC (312)621-5000 Place of Settlement:20 N Clark Ste 220 Chicago, IL 60602 Borrower :Akmal Qazi IL Seller :Signature Food Solutions, Inc. 2424 West Dempster Evanston, IL 60202 Lender :Chase IL 2424 West Dempster Evanston, IL 60202 Cook County, Illinois Property: Title Services Description Borrower Seller Line 1101 Detail - Payee: Title services and lender's title insurance Payee: Fidelity National Title Company, LLC 3.00 3.00State of Illinois Policy Registration Fee 125.00Policy Later Date Fee 40.00Overnight Delivery & Handling 40.00 120.00Wire Transfer Service Fee 125.00Commitment Update Fee 50.00IL APLD Certificate Service Fee Payee: Fidelity National Title Insurance Company 25.00CPL Fee to Buyer 50.00CPL Fee to Seller 25.00CPL Fee to Lender 308.00 298.00Line 1101 Total: Line 1102 Detail - Payee: Fidelity National Title Company, LLC 1,400.00Escrow Fees - Borrower 1,400.00Line 1102 Total: Line 1103 Detail - Payee: Fidelity National Title Company, LLC 175.00SE 32-06 - Homeowner's Inflation Protection (Residential) 2,305.00Owner's title insurance 2,480.00Line 1103 Total: Line 1104 Detail - Payee: Fidelity National Title Company, LLC 175.00ALTA 8.1-06 - Environmental Protection Lien (CLTA 110.9-06) 500.00Lender's title insurance 675.00Line 1104 Total: 298.00 4,863.00Total Title Services: SellerBorrowerPayee/Description Payoffs 186,632.79First Bank & Trust Payoff of first mortgage loan Loan Payoff 0.00 186,632.79Total Payoff I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD-1 Settlement Statement. Signature Food Solutions, Inc. BY:________________________________ ___________________________________ Akmal Qazi BORROWER:SELLER: Previous editions are obsolete HUD-1, Attachment Printed on 03/31/2016 at 7:47:13PM C CH15026743/22290 of 321 HUD-1, ATTACHMENT - CONTINUED The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause funds to be disbursed in accordance with this statement. Fidelity National Title Company, LLC Settlement Agent Previous editions are obsolete HUD-1, Attachment - continued Printed on 03/31/2016 at 7:47:13PM C CH15026743/22291 of 321 For City Council Meeting of April 25, 2016 Item A11 Ordinance 45-O-16: Authorizing the Sale of a Surplus Fleet Vehicle For Introduction To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Erika Storlie, Acting Director of Administrative Services Rickey A. Voss, Manager Parking/Fleet Services Subject: Ordinance 45-O-16, Sale of Surplus Property Fleet Vehicles Date: April 11, 2016 Recommended Action: Staff recommends that City Council adopt Ordinance 45-O-16 which directs the City Manager to offer the sale of vehicles owned by the City through public auction at the special Northwest Municipal Vehicle Auction being sponsored by America’s Auto Auctions on or around Tuesday, May 10, 2016 or any other subsequent America’s Online Auction as these vehicles become available, on a timely basis, as a result of new vehicle replacements being placed into service. Funding Source: N/A Summary: The Fleet Services Division typically participates in two to three vehicle and equipment auctions per year in the Northern Illinois area. The auctions are provided on behalf of America’s Auto Auction (14001 S. Karlov Avenue, Crestwood, Illinois 60554). America’s Auto Auction is the Northwest Municipal Conference Suburban Purchasing Cooperative’s “bid winner” for auction services for member municipalities. This request authorizes the Fleet Services Division of the Administrative Services Department to sell the vehicles listed in the table below through Northwest Municipal Vehicle Auction sponsored by America’s Auto Auction or any subsequent online internet auction to the highest bidder. All net proceeds from the auction will be credited to account number 601.19.7780.56065, “Sale of Surplus Property.” Memorandum 292 of 321 SURPLUS FLEET VEHICLES/EQUIPMENT Cost Center Department Vehicle # Vehicle Make Vehicle Model Year V.I.N. # Overall Conditi on L.T.D. Miles 3515 PWA – Environmental Services 581 Ford F750 2000 3FDXF75H7YMA39614 Very Poor 42,268 2670 PWA – Maintenance Infrastructure 612 IH 4900 1999 1HTSDAAN1WH535249 Poor 32,803 7710 Admin Services Fleet Services 759 Dodge Ram 2500 2001 3B7KF26Z91M531012 Poor 60,176 Attachments: Ordinance 45-O-16 293 of 321 4/14/16 45-O-16 AN ORDINANCE Authorizing the Sale of a Surplus Fleet Vehicle Owned by the City of Evanston (Northwest Municipal Vehicle Auction) WHEREAS, the City Council of the City of Evanston (the “City”) has determined it is no longer necessary, practical, or economical, nor in the best interests of the City, to retain ownership of a certain surplus fleet vehicle that has a value in excess of one thousand five hundred dollars ($1,500.00) and is described in Exhibit A, which is attached hereto and incorporated herein by reference; and WHEREAS, the City Council has determined that it is in the best interests of the City to sell said surplus fleet vehicle to the highest bidder, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: Pursuant to Subsection 1-17-3-(B) of the Evanston City Code of 2012, as amended, the City Council hereby authorizes and directs the City Manager to sell the aforementioned surplus fleet vehicle, upon terms and conditions deemed reasonable, necessary, and in the best interests of the City, to the highest bidder at America’s Auto Auctions, the Northwest Municipal Conference Suburban Purchasing Cooperative’s “bid winner” for auction services for member municipalities to be held on or around Tuesday, May 10, 2016 at the Manheim Arena located at 14001 S. Karlov Avenue, Crestwood, Illinois 60554, or at any subsequent America’s Auto Auctions 294 of 321 ~2~ Services online auction. SECTION 3: Upon payment of the price indicated by the America’s Auto Auction Services, the City Manager is hereby authorized to convey evidence of ownership of aforesaid surplus fleet vehicle to the America’s Auto Auction Service. SECTION 4: 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 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 295 of 321 ~3~ EXHIBIT A SURPLUS FLEET VEHICLES/EQUIPMENT Cost Center Department Vehicle # Vehicle Make Vehicle Model Year V.I.N. # Overall Conditio n L.T.D. Miles 2285 E.P.D. YOUTH SERVICES 80 Ford C.V. 2009 2FAHP71V39X105041 Totaled 55,359 2315 E.F. & L.S.S. 313 Pierce Arrow 1991 4P1CTO2G5MA000730 Very Poor 78,815 2265 PUBLIC WORKS AGENCY 927 Ford 1995 1FDZY820SVA19690 Poor 60,481 296 of 321 For City Council meeting of April 25, 2016 Item A12 Ordinance 43-O-16: Refuse Fee Structure For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David D. Stoneback, Public Works Agency Director Paul D’Agostino, Environmental Services Bureau Chief Kevin Johnson, Public Works Agency Supervisor Subject: Ordinance 43-O-16, Amending City Code Subsection 8-4-12 (A), “Refuse” Date: April 15, 2016 Recommended Action: Staff recommends approval of Ordinance 43-O-16 amending the City Code related to the fee structure for collection and disposal of refuse. Funding Source: N/A Background: Council authorized the City Manager to execute a three year contract extension with Lakeshore Recycling Systems, Inc. for the collection of condo refuse on August 17, 2015. This extension established the rate that Lakeshore would charge the City for all three years of the extension term. Council adopted Ordinance 133-O-13 that established the fee structure for the collection and disposal of refuse currently being charged for the various types of service being provided. Analysis: The current fee for collection and disposal of refuse at townhomes, row houses, or multiple dwellings, which are at least 75% owner occupied, is $7.95 per unit per month. This fee should support the cost associated with Lakeshore’s service to collect and dispose of solid waste and the City’s cost to collect and dispose of recycling materials from the same properties. Staff analyzed what the City’s cost is to collect and dispose of the recycling materials at these properties to be $143,000 annually. This equates to a needed rate of $2.16 per unit per month for the 5,500 units served. Under the current fee structure, Evanston Memorandum 297 of 321 does not realize revenues equal to the cost of providing the service. When the Lakeshore rate increase goes into effect on November 1, 2016, Evanston will recover even less revenue, unless a modification is made to the Ordinance to increase the fee for this service as indicated in the table below: Year Fee Established by Ordinance Lakeshore Fee Remaining Fee for Evanston Recycling Revenue Generated for Evanston Service Evanston Cost to Provide Service 2015-16 $7.95 $6.30 $1.65 $108,900 $143,000 2016-17 $8.65 $6.49 $2.16 $142,560 $143,000 Staff is therefore recommending that fee structure for collection and disposal of refuse at townhomes, row houses, or multiple dwellings, as shown in 8-4-12(A) 4 be changed from $7.95 per unit per month to $8.65 per unit per month effective November 1, 2016 when the Lakeshore price increases per the terms of the contract extension. A second text amendment is also being recommended in 8-4-12(A) 2 that simply amends the code to accurately reflect current pricing of the refuse fee structure. Ordinance 133-O-13 already established the fee and the text amendment simply rectifies a scrivener’s error. Legislative History: Council adopted Ordinance 133-O-13 on December 9, 2013 Council approved the 3-year extension with Lakeshore on August 17, 2015 Attachments: Ordinance 43-O-16 298 of 321 3/16/2016 43-O-16 AN ORDINANCE Amending City Code Subsection 8-4-12(A), “Refuse” NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Subsection 8-4-12(A) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (A) Refuse. There is hereby established the following fee structure for the collection and disposal of refuse, as defined in Section 8-4-1 of this Chapter, by the City: 1. Seven and 95/100 dollars ($7.95) per month per dwelling for one (1) City- issued sixty-five (65) gallon wheeled cart, only. 2. FourteenSeventeen and 95/100 dollars ($17.95) per month per dwelling for one (1) City-issued ninety-five (95) gallon wheeled cart plus one (1) thirty (30) gallon or less trash bag. 3. Seven and 95/100 dollars ($7.95) per month per dwelling for any additional wheeled cart of any size. The initial monthly fee shall be based on the largest wheeled cart present at the location. 4. Seven and 95/100Eight and 65/100 dollars ($7.958.65) per month per unit for each townhome, row house, or multiple dwellings which are at least seventy-five percent (75%) owner occupied for the entire housing complex. SECTION 2: 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 Complied Statues and the courts of the State of Illinois. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This ordinance shall be in full force and effect on November 1, 2016, after its passage, approval and publication in the manner provided by law. SECTION 5: If any provision of this ordinance or application thereof to any 299 of 321 43-O-16 ~2~ 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. Introduced: _______________, 2016 Adopted: _________________, 2016 Approved: ___________________________, 2016 ________________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Approved as to form: ________________________________ W. Grant Farrar, Corporation Counsel 300 of 321 For City Council meeting of April 25, 2016 Item A13 Ordinance 37-O-16: Special Pick-Up Fee For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David D. Stoneback, Public Works Agency Director Subject: Ordinance 37-O-16, Amending City Code Subsection 8-4-3 (G), “Special Pick-Up Fee” Date: April 14, 2016 Recommended Action: Staff recommends approval of Ordinance 37-O-16 amending the City Code related to special pick-up fee. Funding Source: N/A Background: On January 11, 2016, staff made a presentation to the Administration and Public Works Committee regarding special pick-ups and provided the following information: On average there are 246 requests per month or approximately 3,000 requests annually. This translates to 12 requests per day. However, 17 requests per day occur during the peak month of July. The cost of the special pick up program totals $746,000 annually. This cost is a result of labor and equipment cost provided by the City ($240,000) and tipping fees ($506,000). The fees for special pick up requests during 2015 totaled $91,500. This is higher than the previous two years because staff was more aggressive in charging a special request pick up fee even when there was a claim of fly dumping. If staff doesn’t charge for fly dumping requests, the 10% reduction in charges collected would be similar to previous years when approximately $80,000 to $85,000 was collected. The budget indicates that the estimated revenue for special request pick up fees will be $100,000. Memorandum 301 of 321 Analysis: The Committee requested staff to make a recommendation on changing the special pick-up fee to more appropriately recover the costs associated with this service. Based on staff’s analysis, the special pick-up fee would need to be increased to $60.00 per cubic yard (CY), with a three CY minimum charge, in order to fully recover the costs associated with the service. This would result in a minimum special pick-up fee of $180.00. However, it is staffs’ opinion that this is too significant of an increase and therefore proposes that the special pick-up fee be increased to $60.00 for the first three CYs (minimum charge) and a $10.00 fee for each additional CY in excess of the three CY minimum. Staff anticipates that this will increase the revenue for providing this service to $216,000. If approved, the new special pick-up fee would be charged beginning June 1, 2016. Legislative History: Ordinance 133-O-13 was adopted on December 9, 2013 Attachments: Ordinance 37-O-16 Special Pick-Up Fee Analysis 302 of 321 3/16/2016 37-O-16 AN ORDINANCE Amending City Code Subsection 8-4-3(G), “Special Pick-Up Fee” NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Subsection 8-4-3(G) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (G) Special Pick-Up Fee: Any person who violates the provisions of this Section isshall be subject to a fee of no less than twenty-fivesixty and no/100 dollars ($2560.00) for a "special pick-up" for the additional collection service resulting from the violations of the aforementioned Subsections. The fee will cover the collection, transportation and disposal of up to three (3) cubic yards of refuse, yard waste, or recyclable material. For each additional three (3)one (1) cubic yards of refuse, yard waste, or recyclable material in excess of the initial three (3) cubic yards, an additional ten and no/100 dollars ($10.00) will be charged. The Director of Public Works or his/her designee may increase the total fee as described by Section 8-4-9-1(G) to address the City's costs for the special pick- up. SECTION 2: 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 Complied Statues and the courts of the State of Illinois. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This ordinance shall be in full force and effect on June 1, 2016, after its passage, approval and publication in the manner provided by law. 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 303 of 321 37-O-16 ~2~ without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. Introduced: _______________, 2016 Adopted: _________________, 2016 Approved: ___________________________, 2016 ________________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Approved as to form: ________________________________ W. Grant Farrar, Corporation Counsel 304 of 321 SPECIAL PICK-UP FEE ANALYSIS Initial 3 CY Additonal 3 CY Current Fee Rate $25.00 $10.00 Current Rate Current Revenue # of fees for 3CY (minimum)2000 25.00$ 50,000.00$ # of fees for 6 CY 800 35.00$ 28,000.00$ # of fees for 9 CY 200 45.00$ 9,000.00$ 3000 87,000.00$ Proposed Fee Rate Initial 3 CY Additonal 1 CY $60.00 $10.00 Proposed Rate Proposed Revenue # of fees for 3CY (minimum)2000 $60.00 120,000.00$ # of fees for 6 CY 800 90.00$ 72,000.00$ # of fees for 9 CY 200 120.00$ 24,000.00$ 3000 216,000.00$ Cost Recovering Fee Rate $60 per CY, 3 CY minimum # of fees for 3CY (minimum)2000 180.00$ 360,000.00$ # of fees for 6 CY 800 360.00$ 288,000.00$ # of fees for 9 CY 200 540.00$ 108,000.00$ 3000 756,000.00$ 305 of 321 For City Council Meeting of April 25, 2016 Item A14 Ordinance 40-O-16: Evanston Resident Only Parking in District E-2 For Action To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Erika Storlie, Deputy City Manager/Director of Administrative Services Rickey A. Voss, Parking/Revenue Manager Subject: Ordinance 40-O-16 amend Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 22: Evanston Resident Only Parking Date: April 20, 2016 Recommended Action: The Transportation/Parking Committee and staff recommend that the City Council adopt Ordinance 40-O-16 amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 22: Evanston Resident Only Parking District subsection (B) District E-2 boundaries to delete Clyde Avenue, Callan Avenue and Elmwood Avenue from Howard Street to the first alley north of Howard Street. Funding Source: N/A Summary: Due to an increase in business activity in the Howard Street business district, Alderman Rainey has requested that Evanston Resident Only Parking District subsection (B) District E-2 boundaries be amended by deleting Clyde Avenue, Callan Avenue and Elmwood Avenue from Howard Street to the first alley north thereof. These areas border the Howard Street business districts and commercial properties that are partially located on these block faces up to the first alley north of Howard Street. By deleting these areas from the Evanston Resident Only Parking District E-2 it would provide additional parking for customers of businesses located on Howard Street. The amendment would only affect parking for 3-4 vehicles per street. The Transportation/Parking Committee recommended approval at the March 23, 2016 meeting, and was introduced at City Council meeting April 11, 2016. Attachments: Ordinance 40-O-16 Memorandum 306 of 321 3/29/2016 40-O-16 AN ORDINANCE Amending City Code Subsection 10-11-22-(B), Schedule XXII(B): Evanston Resident Only Parking Districts NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 10-11-22(B), Schedule XXII(B) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (B) District E-2: 6:00 p.m. to 6:00 a.m., daily. SCHEDULE XXII (B): EVANSTON RESIDENT ONLY PARKING DISTRICTS Custer Avenue Both sides Alley north of Howard Street to the CTA tracks Elmwood Avenue Both sides Howard Street Alley north of Howard Street to dead end Brummel Street Both sides Ridge Avenue east to the Metra Tracks Dobson Street Both sides Ridge Avenue to Custer Avenue Clyde Avenue Both sides Howard Street Alley north of Howard Street north to Brummel Street Callan Avenue West side Howard Street Alley north of Howard Street north to dead end Mulford Street South side Custer Avenue east to Callan Avenue Mulford Street Both sides Callan Avenue east to the Metra Tracks Callan Avenue West side Mulford Street north to CTA Case Place South side Callan Avenue east to the Metra Tracks Those residents having an address on the streets or portions of streets described above are eligible to obtain a permit for District E-2 in accordance with the regulations contained in Subsection 10-4-5-2(C) of this Title. SECTION 2: 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 Complied Statues and the courts of the State of Illinois. SECTION 3: All ordinances or parts of ordinances in conflict herewith are 307 of 321 40-O-16 ~2~ hereby repealed. SECTION 4: That if any provision of this Ordinance 40-O-16 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance 41-O-16 that can be given effect without the invalid application or provision, and each invalid application of this Ordinance 40-O-16 is severable. SECTION 5: That this Ordinance 40-O-16 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 308 of 321 For City Council Meeting of April 25, 2016 Item A1 5 Ordinance 41-O-16: Resident Only Parking Amendment For Action To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Erika Storlie, Deputy City Manager/Director of Administrative Services Rickey A. Voss, Parking/Revenue Manager Subject: Approval to amend Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 18(B): Resident Parking Only District Date: April 20, 2016 Recommended Action: The Transportation/Parking Committee and staff recommend City Council adopt Ordinance 41-O-16 amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 18(B): Resident Parking Only District 2 to read: 2. Those residents having a legal address on the west side of Ridge Avenue between Austin Street and Harvard Terrace. Funding Source: N/A Summary: Alderman Rainey has requested that Resident Parking Only District 2 be amended to read as follows: Those residents have a legal address on the west side of Ridge between Austin Street and Harvard Terrace (which includes 250 Ridge Avenue). As parking is prohibited on Ridge Avenue and due to the Resident Parking Only District 2 restrictions north of 250 Ridge, it is recommended the address be included in the district to allow additional parking options. The Transportation/Parking Committee recommended approval at the March 23, 2016 meeting. Ordinance was introduced at City Council meeting April 11, 2016. Attachment: Ordinance 41-O-16 Memorandum 309 of 321 03/29/16 41-O-16 AN ORDINANCE Amending City Code Subsection 10-11-18(B), Schedule XVIII(B): Resident Parking Only Districts NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Section 10-11-18(B), Schedule XVIII(B) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 10-11-18: SCHEDULE XVIII; RESIDENTS PARKING ONLY DISTRCTS (B) District Two (2): Eight o'clock (8:00) A.M. to eight o'clock (8:00) P.M. every day: SCHEDULE XVIII (B): RESIDENTS PARKING ONLY DISTRICTS Austin Street Both Sides Barton Avenue to Ridge Avenue Hull Terrace Both Sides Barton Avenue to Ridge Avenue Mulford Street Both Sides Barton Avenue to Ridge Avenue The following residents are eligible to apply for and purchase permit for District Two (2): 1. Those residents having a legal address on the streets or portions of streets listed above. 2. Those residents having a legal address on the west side of Ridge Avenue between Austin Street and the first alley south of Mulford Street. Harvard Terrace. SECTION 2: That 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 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. 310 of 321 41-O-16 ~2~ SECTION 4: That if any provision of this Ordinance 41-O-16 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance 41-O-16 that can be given effect without the invalid application or provision, and each invalid application of this Ordinance 41-O-16 is severable. SECTION 5: That this Ordinance 41-O-16 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2016 Adopted: ___________________, 201 6 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 311 of 321 For City Council meeting of April 25, 2016 Item A16 Ordinance 35-O-16: Decreasing Class T Liquor License Now We’re Cookin’ 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 35-O-16, Decreasing the Number of Class T Liquor Licenses for Now We’re Cookin’, Inc. d/b/a Now We’re Cookin’, 1601 Payne Street, Unit C Date: April 20, 2016 Recommended Action: Staff recommends City Council adoption of Ordinance 35-O-16. Funding Source: N/A Summary: Ordinance 35-O-16 amends Evanston City Code of 2012 Subsection 3-4-6-(T), as amended, to decrease the number of authorized Class T liquor licenses from three (3) to two (2). Now We’re Cookin’, Inc, d/b/a Now We’re Cookin’ (“Company”), 1601 Payne Street, Unit C, is not renewing its liquor license. This ordinance amends the City Code to reflect the decrease in Class T liquor licenses. Legislative History: Ordinance introduced on April 11, 2016. Alternatives: N/A ------------------------------------------------------------------------------------- Attachments: Ordinance 35-O-16 Memorandum 312 of 321 3/9/2016 35-O-16 AN ORDINANCE Amending City Code Section 3-4-6-(T) to Decrease the Number of Class T Liquor Licenses from Three to Two (Now We’re Cookin’, Inc., dba “Now We’re Cookin’”, 1601 Payne Street, Unit C) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class T of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: T Catering Liquor None $1,800 $1,800 32 None 10 a.m.— 1 a.m. (Mon- Fri); 10 a.m. – 2 a.m. (Sat- Sun) SECTION 2: Subsection 3-4-6-(T) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class T liquor licenses from three (3) to two (2) to read as follows: (T) CLASS T licenses, which shall authorize the sale of alcoholic liquor for consumption on the premises where served, only to invited guests at private, catered functions. Such licenses shall be issued only to businesses defined as catering establishments under Title 6 of this Code and having a current Evanston business license. Catering establishments holding Class T licenses must have food service available when alcoholic liquor is being served. The service of alcoholic liquor shall be by employees of the licensed catering business. Class T licensees shall serve alcoholic liquor only to invited guests at catered functions. Such licenses shall be issued only for the premises owned, operated, or maintained by the licensed catering business or for the location in which the licensed catering business shall serve food and alcoholic liquor. The service of alcoholic liquor shall only take place from 10:00 a.m. to 1:00 a.m.; except, that service may be made up to 2:00 a.m. on Saturday and Sunday mornings. The sale of alcoholic liquor shall be deemed to occur at the address of the catering establishment. 313 of 321 35-O-16 ~2~ The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be one thousand eight hundred dollars ($1,800.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be one thousand eight hundred ninety dollars ($1,890.00). No more than three (3)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 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: _________________, 2016 Adopted: ___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor 314 of 321 35-O-16 ~3~ Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 315 of 321 For City Council meeting of April 25, 2016 Item APW1 Review of Transportation Network Provider and Taxi Regulations For Discussion To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Grant Farrar – Corporation Counsel Mark Muenzer - Director of Community Development Katherine Knapp - Transportation & Mobility Coordinator Subject: Review of Transportation Network Provider and Taxi Regulations Date: April 20, 2016 Request Staff is providing an overview of Transportation Network Provider and taxi regulations within the City of Evanston. Staff is requesting further direction on the City’s desired approach to taxi regulations. Background Uber, Lyft, and other “Transportation Network Providers” (TNP’s) allow users to arrange and pay for rides provided by independent drivers often driving a personal vehicle. These independent drivers include taxi drivers who use registered cabs, and part or full time drivers who use a personal vehicle. Initial data has shown that TNPs and taxis provide overlapping but not completely transferable services. Initial research from 2014 has identified only a 39 percent ridership share between TNP and taxi services; in comparison, there is a 33 percent ridership share between TNP and bus-rail transit users. City of Evanston Subsidized Taxi Program The City of Evanston relies upon taxis to deliver the City’s subsidized taxi program. Eligible Evanston residents can purchase subsidized taxi coupons at the price of $3 for taxi rides within Evanston. Taxi drivers are reimbursed by the City for each validated coupon. The taxi coupon program saw an approximately 30% reduction in trips taken in 2015 from the program’s peak in 2014; in 2015 less than 24,000 trips were taken while in 2014 the program saw over 34,800 trips. A graph outlining the number of redeemed taxi coupons from 2013 to 2016 is attached to the end of this memo. Memorandum 316 of 321 Impact of TNPs on the Taxi Industry The emergence of TNPs within the transportation industry has been closely tied to reported changes in taxi services and the number of eligible taxi drivers. Since TNPs’ arrival in the City of Chicago, the number of reported taxi complaints related to unsatisfactory customer service has decreased. This suggests that either taxi drivers are providing a higher level of customer service and thus generating fewer complaints; or, that those riders historically impacted by poor service have moved to different service providers. In addition to the impact on taxi service, the arrival of TNPs is also correlated with a decreasing number of issued chauffeur driver’s license in Evanston and thus eligible taxi drivers. From 2010 to 2013 the number of licensed chauffeur drivers remained relatively stable with 366 drivers in 2010 to 337 in 2013. With the arrival of Uber and Lyft in late 2013, the number of licensed chauffeur drivers decreased significantly to 267 in 2014 and 208 in 2015. As of April 2016 there are 99 issued chauffeur driver licenses; historically, the City would expect to have around 150 to 160 issued chauffeur driver licenses by late spring. A graph highlighting the decreasing numbered of licensed chauffeur drivers in Evanston is attached at the end of this memo. Local taxi license holders have expressed concerns on the falling number of licensed chauffeur drivers. Prior to TNPs’ emergence there were commonly over twice as many licensed chauffeur drivers to taxi licenses in the City; while currently, there are more issued taxi vehicle licenses (140) than licensed chauffeur drivers (99). The pairing the license holders to licensed chauffeur drivers is not organized by the City and is dependent on negotiations between the license holders and the drivers. These negotiations typically outline the allocation of fee burdens, use of vehicles, provision of insurance and license leasing. TNP Regulations The State of Illinois’ Transportation Network Providers Act (TNP Act) defines TNPs, TNP drivers, TNP periods and automobile liability insurance requirements. The TNP Act requires that TNP driver applications include personal information, driver license information, driving history, motor vehicle registration, and automobile liability insurance. The TNP Act also requires TNP driver applicants to undergo a local and national criminal history background check. The background check must include a multi-state or multi-jurisdictional Criminal Records Locator, the National Sex Offenders Registry; and a driving history report. The TNP Act provides guidelines for determining background check results for applicant TNP drivers. In February 2015 City Council adopted the State of Illinois’ standards for TNPs through Resolution 16-R-15. The Resolution reiterates that any TNP operating in the City of Evanston shall without exception comply with state and federal laws in its operations. Taxi Regulations The Illinois Secretary of State regulates taxis through issuing registration plates for taxis, and determining appropriate “for-hire” displays for vehicles. 317 of 321 The City of Evanston also regulates taxis through the issuance and registration of taxi vehicle licenses and chauffeur driver licenses; and the admittance of related fees, inspections, and trainings. Such City regulations include the collection of an annual per taxi vehicle license fee of $250. In renewing the taxi vehicle license the license holder needs to provide proof of the taxi’s insurance and the vehicle’s details; the holder does not need to identify a driver when renewing their taxi vehicle license. Historically, many license holders relied upon the driver to provide the taxi vehicle. Currently such license holders, who do not provide a vehicle and insurance for a driver, and have not secured a driver with a vehicle, are unable to renew their taxi vehicle licenses. Additionally, taxi drivers pay $141 in one-time fees for the original license fee application, an in-state criminal background check, and a classroom training operated by the City. Drivers must also provide proof of an annual physical during the first and subsequent years. Following the first year, drivers pay $20 a year to renew their chauffeur driver license. Evanston’s taxi regulations and fees are similar with those of the City of Chicago, Village of Skokie and Village of Wilmette. However, there are opportunities to improve the City’s taxi regulations to align with the changing demands for chauffeur drivers. For example, the City of Chicago allows chauffeur driver applicants who previously held a chauffeur license to receive their license without completing the mandatory training course prior to their license reissuance if they meet a series of five conditions based on completing the training within 60 days of their license being reissued. A table comparing Evanston’s taxi regulations to neighboring communities is attached below. Legislative History Resolution 16-R-15 Attachments Redeemed Taxi Coupons by Month from 2013 to 2016 City of Evanston issued Chauffeur Licenses issued from 2010 to April 2016 Comparison of City of Evanston Taxi Regulations 318 of 321 Redeemed Taxi Coupons by Month from 2013 to 2016 0 1000 2000 3000 4000 5000 6000 2013 2014 2015 2016 April May June July September October Figure 1: Redeemed Taxi Coupons by Month from 2013 to 2016 The above figure outlines the number of redeemed taxi coupons per month, which equates to the number of one-way trips taken through the program from 2013 to 2016. The selected months were chosen for comparison purposes as not all of the years had available data for every month. 319 of 321 City of Evanston issued Chauffeur Licenses issued from 2010 to April 2016 0 50 100 150 200 250 300 350 400 2010201120122013201420152016*Chauffeur Licenses Figure 2: Number of chauffeur licenses issued by the City of Evanston from 2010 to April 2016 The above figure highlights the decreasing number of chauffeur licenses issued by the City of Evanston from 2010 to April of 2016. The two primary TNPs within the Metro Chicago market, Uber and Lyft, launched in September and December of 2013, respectably. 320 of 321 Comparison of City of Evanston Taxi Regulations Taxi Regulations Evanston Chicago Skokie Wilmette Vehicle License Required Yes Yes Yes Yes Vehicle Insurance Required Yes Yes Yes Yes Maximum Vehicle Age 6 Years Yes - varies 7 Years No Age Limit Chauffeur License Required for Driver Yes Yes Yes Yes Physical Examination for Driver Yes Yes Yes No Mandatory Training Course Yes Yes Yes Yes The above table outlines taxi regulation practices of Evanston and its neighboring communities. 321 of 321