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HomeMy WebLinkAboutCCPacket20150622CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, June 22, 2015 Administration & Public Works (A&PW) Committee meets at 6 p.m. Planning & Development (P&D) Committee meeting has been cancelled. City Council meeting will convene after conclusion of the A&PW meeting. ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Braithwaite (II) Mayor Public Announcements and Proclamations Cahill Plumbing – 125th Year Anniversary (III) City Manager Public Announcements July 4th Activities; Parade Grand Marshall Paul D’Agostino I Heart Evanston Trees Fundraising Campaign Recycling Fair July 11, 2015 (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: Parks and Facilities 2016-2018 Proposed Capital Improvement Plan (VII) Consent Agenda: Alderman Rainey 1 of 312 City Council Agenda June 22, 2015 Page 2 of 8 (VII) Report of the Standing Committees Administration & Public Works - Alderman Rainey Planning & Development - Alderman Holmes Human Services - Alderman Braithwaite (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) Approval of Parks and Facilities 2016-2018 Proposed Capital Improvement Plan Staff recommends City Council approval of the proposed Parks and Facilities 2016-2018 Capital Improvement Plan. The plan identifies the capital improvement projects for park renovations and facilities upgrades throughout the City with priority rankings. For Action CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of June 8, 2015 (M2) Approval of Minutes of the Regular City Council Meeting of June 15, 2015 For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through May 31, 2015 $2,696,771.10 (A2) FY2015 City of Evanston Bills – June 23, 2015 $2,959,780.93 For Action (A3.1) Approval of Agreement with CDM Smith for Engineering Services for Water Treatment Plant Reliability Improvements (RFP 15-27) Staff recommends City Council authorize the City Manager to execute an agreement for Engineering Services for Water Treatment Plant Reliability Improvements with CDM Smith (125 South Wacker Drive, Suite 600, Chicago, IL) in the not-to-exceed amount of $225,113. Funding is provided by the Water Fund, Capital Improvement Account 513.71.7330.62140 – 733094, which has a FY 2015 budget allocation of $3,500,000. For Action 2 of 312 City Council Agenda June 22, 2015 Page 3 of 8 (A3.2) Approval of One-year Contract Extension with Water Resources, Inc. for the Water Meter Purchase Contract (Bid 14-33) Staff recommends that City Council authorize the City Manager to execute a one- year contract extension of the Water Meter Purchase contract with Water Resources, Inc. (390 Sadler Avenue, Elgin, IL) in the amount of $70,000. Funding is provided by the Water Fund accounts 510.71.7120.65070 and 510.71.7125.65080. There is no price increase for this contract extension. For Action (A3.3) Approval of Contract with Sheridan Plumbing & Sewer for Pitner Avenue Water Main Lining (Bid 15-39) Staff recommends that City Council authorize the City Manager to execute a contract for Water Main Lining – Pitner Avenue with Sheridan Plumbing & Sewer (6754 W. 74th Street, Bedford Park, IL) in the amount of $314,800.00. Funding is provided by the Water Fund, Account 513.71.7330.65515, which has an allocation of $3,487,600 for water main improvements. For Action (A3.4) Approval of the Purchase of Two Replacement Vehicles Staff recommends City Council approval for the replacement purchase of two vehicles in the amount of $285,962 as follows: an EMT Unit for Evanston Fire Department from Foster Coach Sales Incorporated (903 Prosperity Drive, Sterling, IL) in the amount of $261,477 and a pick-up truck for Parks, Recreation, and Community Development from Currie Motors (9423 W. Lincoln Highway, Frankfort, IL) in the amount of $24,485. Funding is provided by the Equipment Replacement Fund Account 601.26.7780.65550. For Action (A3.5) Approval of Renewal of Building Automation Service Agreement for HVAC Systems with Siemens Building Technologies, Inc. Staff recommends City Council authorize the City Manager to execute a single source service agreement for the Building Automation System at the Police Headquarters/911 Center with Siemens Building Technologies, Inc., (585 Slawin Court, Mount Prospect, IL) in the amount of $25,824 for FY 2015 to cover hardware/software and service visits for the building’s HVAC systems. There is no increase from last year. Funding is provided by the Facilities Account 100.26.2677.62509, which has a FY 2015 budget of $74,845. For Action (A3.6) Approval of Renewal of Building Automation Service Agreement for HVAC Systems with Schneider Electric Staff recommends City Council authorize the City Manager to execute a single source service agreement with Schneider Electric (17475 Palmer Blvd., Homewood, IL) in the amount of $25,032 for the Building Automation System (BAS) at eight City facilities. Funding is provided by the Facilities Account 100.26.2677.62509, which has a FY 2015 budget of $74,845. For Action 3 of 312 City Council Agenda June 22, 2015 Page 4 of 8 (A3.7) Approval of Participation in a Joint Contract for Pavement Patching Staff recommends that City Council authorize the City Manager to approve a contract award through the Municipal Partnering Initiative for Pavement Patching services with Johnson Paving (1025 Addison Ct., Arlington Heights, IL) in the amount of $150,000. Funding is provided by the Capital Improvement Fund Account 415.26.4150.65515 of which $150,000 is budgeted for the supplemental patching program. For Action (A3.8) Approval of Contract Award to Kovilic Construction Co. Inc., for the Church Street Boat Ramp Improvement Project, (Bid 15-29) Staff recommends City Council authorize the City Manager to execute a contract for the Church Street Boat Ramp Improvement Project with Kovilic Construction Co. Inc., (3721 N. Carnation Street, Franklin Park, IL), in the amount of $613,027. Funding of $470,000 is provided by the FY2015 Capital Improvement Plan (Account #415.26.4150.65515/416127) and a $200,000 grant from the Illinois Department of Natural Resources. For Action (A3.9) Approval of Purchase of Cisco Hardware and Software Licenses from Heartland Business Systems Staff recommends City Council authorize the single source purchase of Cisco Networking Equipment and Licensing from Heartland Business Systems, (5400 Patton Drive, Unit 4B, Lisle, IL) in the amount of $223,266.87 to replace existing core networking hardware that has reached end of serviceable life from the manufacturer. Funding is provided by the Capital Improvement Fund Account 4150.65515. For Action (A3.10)Approval of Contract with WreckCon Specs for Demolition of City-Owned Property at 717 Howard Street Staff recommends that City Council authorize the City Manager to execute a contract for the demolition of improvements located at 717 Howard Street with WreckCon Specs (2115 Wesley Avenue, Evanston, IL) in the amount of $27,500. Funding is provided by Howard-Ridge TIF (Account # 330.99.5860.56010). The current balance is $63,606.67. For Action 4 of 312 City Council Agenda June 22, 2015 Page 5 of 8 (A4) Approval of Church Street/Evanston Township High School Bike Path Project Change Order #1 Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 to the contract for the 2015 Water Main Replacement & Street Resurfacing CIP I Project (Bid 15-13) with A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL) in the amount of $140,215. This Change Order will expand the scope of the contract to include the construction of a bike path on Evanston Township High School property and on the south side of Church Street. Funding is provided by the ETHS/Church Street Bike Path CIP Project 416141 which has a budget of $250,000. For Action (A5) Resolution 65-R-15, Designation of Illinois Municipal Retirement Fund (IMRF) Authorized Agent Staff recommends that City Council adopt Resolution 65-R-15, appointing Jennifer Lin as the IMRF Authorized Agent. For Action (A6) Resolution 62-R-15, Resolution Relating to Prevailing Wage for Public Works Projects Staff recommends that City Council adopt Resolution 62-R-15, in order to comply with the provisions of the Illinois Prevailing Wage Act, 820 ILCS 130/0.01, et seq. (the “Act”). For Action (A7) Resolution 64-R-15 Easement Agreement with Northwestern University for Alley Paving Staff recommends City Council adoption of Resolution 64-R-15, authorizing the City Manager to negotiate and execute a temporary construction easement agreement with Northwestern University for City-owned alleys located west of Sheridan Road and north of Garrett Place and Haven Street. For Action (A8) Resolution 67-R-15 Contract with Logan Consulting Services for Diversity and Inclusion Interactive Workshop for Evanston Police Department Staff recommends City Council adopt Resolution 67-R-15, authorizing the City Manager to execute a contract for the Evanston Police Department’s Diversity and Inclusion Interactive Workshop Series with Dr. Gilo Kwesi Logan, President of Logan Consulting Services (Evanston, Illinois) at a total cost of $55,000. Funding is provided by the Police Department’s Administrative Training and Travel Account 100.22.2260.62295. For Action 5 of 312 City Council Agenda June 22, 2015 Page 6 of 8 (A9) Resolution 68-R-15 Intergovernmental Agreement with the Illinois Department of Transportation for Street Maintenance Staff recommends that City Council adopt Resolution 68-R-15 which authorizes the City Manager to execute an intergovernmental agreement for street maintenance with the Illinois Department of Transportation. This agreement will allow for the reimbursement of routine maintenance of state routes including surface and pothole repairs, litter disposal, and other routine operational services. For Action (A10) Ordinance 81-O-15, Authorizing Commercial Lease of Property Located at 1823 Church Street with Pie Café, LLC Staff recommends City Council adoption of Ordinance 81-O-15 authorizing the City Manager to negotiate and execute a Lease Agreement Lease with First Slice Pie Café to rent commercial kitchen and storage space at the Gibbs-Morrison Cultural Center. For Introduction (A11) Ordinance 82-O-15, amending Title 10, Motor Vehicles and Traffic, Chapter 11, Section 13, Schedule XIII: Commercial Vehicles of Excessive Weight Prohibition, Lincoln Street Staff recommends that the City Council adopt Ordinance 82-O-15, amending Title 10, Chapter 11, Section 13, and Schedule XIII: Commercial Vehicles of Excessive Weight Prohibited from Using Certain Streets by deleting Lincoln Street, Sheridan Road east to the dead end. For Introduction (A12) Ordinance 77-O-15, Decreasing the Number of Class D Liquor Licenses for Signature Food Solutions, Inc., d/b/a Chicago’s Home of Chicken and Waffles III, 2424 Dempster Street Staff recommends City Council adoption of Ordinance 77-O-15, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses from fifty (50) to forty-nine (49). Signature Food Solutions, Inc., d/b/a Chicago’s Home of Chicken and Waffles III (“Company”), 2424 Dempster Street, closed its business. For Introduction (A13) Ordinance 78-O-15, Decreasing the Number of Class D Liquor Licenses for Lupita’s, Inc., d/b/a Lupita’s Mexican Restaurant, 700 Main Street Staff recommends City Council adoption of Ordinance 78-O-15, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses from forty-nine (49) to forty-eight (48). Lupita’s, Inc., d/b/a Lupita’s Mexican Restaurant (“Company”), 700 Main Street, closed its business. For Introduction 6 of 312 City Council Agenda June 22, 2015 Page 7 of 8 (A14) Ordinance 69-O-15, Establishing Special Service Area No. 6 in the City of Evanston The Economic Development Committee and staff recommend adoption of Ordinance 69-O-15, establishing Special Service Area Number 6 (SSA No. 6) in the City of Evanston. SSA No. 6 is intended to provide marketing as well as aesthetic and streetscape improvements such as signage, lighting, landscaping, additional garbage collections and holiday decorations for the commercial corridors along Chicago Avenue, Main Street, and Dempster Street in Southeast Evanston. The ordinance establishes the geographic boundaries, duration, and tax cap for the SSA. For Introduction PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 66-O-15, Amendments to Design and Project Review (DAPR) Ordinance City staff recommends adoption of Ordinance 66-O-15 to institute minor clean-up revisions to the DAPR Ordinance. This ordinance was introduced at the June 8, 2015 City Council meeting. For Action (P2) Ordinance 51-O-15, Zoning Ordinance Text Amendment for Firearm Ranges The Plan Commission and staff recommend approval of the Zoning Ordinance Text Amendment to create a definition and land use regulations for Firearm Ranges. This ordinance was introduced at the June 8, 2015 City Council meeting. For Action APPOINTMENTS (APP 1) For Reappointment to: Housing and Homelessness Commission Suzanne Calder Housing and Homelessness Commission Sidney Caselberry For Action 7 of 312 City Council Agenda June 22, 2015 Page 8 of 8 MEETINGS SCHEDULED THROUGH JULY 2015 Upcoming Aldermanic Committee Meetings Mon, June 29 6:30 pm Inclusionary Housing Workshop Mon, July 6 6 pm Rules Committee Mon, July 6 7:30 pm Human Services Committee Wed, July 7 6 pm Transportation/Parking Committee Wed, July 7 7 pm Economic Development Committee Mon, July 13 6 pm A&PW, P&D, City Council meetings Wed, July 15 6:30 pm M/W/EBE Advisory Committee Mon, July 20 7 pm City Council meeting: Exec Session Tues, July 21 7 pm Housing & Community Dev Act Committee Wed, July 22 6 pm Transportation/Parking Committee Wed, July 22 7:30 pm Economic Development Committee Thurs, July 23 5:30 pm Emergency Telephone Board Fri, July 24 7 am Housing & Homelessness Commission Mon, July 27 6 pm A&PW, P&D, City Council meetings 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. 8 of 312 For City Council meeting of June 22, 2015 Item SP1 Business of the City by Motion: Parks and Facilities Proposed CIP Plan For Action To: Honorable Mayor and Members of the City Council From: Erika Storlie, Deputy City Manager Subject: Parks & Facilities 2016-2018 Proposed Capital Improvement Plan Date: June 15, 2015 Recommendation: Staff recommends City Council approval of the proposed Parks and Facilities 2016- 2018 Capital Improvement Plan. The plan identifies the capital improvement projects for park renovations and facilities upgrades throughout the City with priority rankings. Background: The Park and Recreation Board reviewed the plan during their May meeting after it was referred to them by City Council in April 2015. While the Park and Recreation Board approved the first year of the plan with one change, they did not approve the final two years of the plan. Years 2017 and 2018 were not recommended for approval because the Board thought it was important to have decisions on Penny Park, the Harley Clark site, identifying a location for a synthetic turf field and developing a master plan of improvements for James Park, as well as continuing discussion about Grey Park and the Robert Crown Center project prior to finalizing future years. Community feedback was provided during the Park and Recreation Board meeting as well as through an online and phone survey. Survey respondents overwhelmingly supported moving forward on the Robert Crown Center as soon as possible. Maintaining the recreation centers was also prioritized by survey respondents. There was widespread support for the majority of the projects listed with a few new additions that can be addressed through contingency funding, such as extra benches for the lakefront. Earlier this year, staff from Public Works, Administrative Services and Parks, Recreation and Community Services reviewed all parks and facilities capital improvement needs and prioritized them for the next three years to create the proposed plan. Potential projects were reviewed against numerous factors such as system/structure end of life, maintenance costs, ability to group projects together to save money, safety concerns, and utilization. Memorandum 9 of 312 The attached plan not only prioritizes projects by year but also within the year so that in the event that full funding is not available each year there is still a mechanism in place to ensure that the highest need projects are addressed. The draft plan includes projects funded from the General Fund only. This plan does not address road resurfacing and water/sewer utility capital improvement projects as they are separate individual plans, as well as any projects funded by the Parking Fund or Community Development Block Grant (CDBG) funds. Also, the 2016-2018 proposed plan does not include any projects that started in 2015 and carryover to 2016 since their funding occurred in 2015. Attachments Parks & Facilities 2016-2018 Proposed Capital Improvement Plan 10 of 312 Ward Type CostCIP Plan YearRank within Plan Year Project Name Project Scope1 Park 450,000 2016 1 Church Street Boat Ramp RenovationsReconstruct south pier5 Facility 400,000 2016 1 Fleetwood‐Jourdain Center HVAC ReplacementReplace HVAC system5 Facility 175,000 2016 1 Fleetwood‐Jourdain Center Gym FloorReplace wood gym floor8 Park 80,000 2016 1 James Park Field House Roofing and Siding Replacement Replace roof system and siding7 Facility 200,000 2016 1 Fire Station #3 Slope StabilizationRepair slope4 Facility 1,000,000 2016 1 Robert Crown Center ‐ DesignDesign for new build or renovation of existing facility5 Facility 150,000 2016 2 Service Center Yard ‐ Parking lot/pads/entrances Resurface 1/3 of area each year for 3 years 2 Park 30,000 2016 2 Mason Park Basketball CourtsResurface outdoor basketball courts.  7Facility 200,000 2016 2 Chandler Center Stormwater ImprovementsSewer improvements and building waterproofing 3 Facility 60,000 2016 2 Dempster Beachhouse Window/Entry door replacement Replace entry door and windows 8 Facility 500,000 2016 2 James Park West Parking Lot RenovationsResurface parking lot and add lighting6 Park 100,000 2016 2 Lovelace Park Pond Pond renovations4 Facility 50,000 2016 2 Police Fire Headquarters Retaining Wall RepairsRepair retaining walls at the basement access ramp1 Restroom 60,000 2016 2 Greenwood Beach RestroomRenovate restroom finishes and fixtures3 Restroom 60,000 2016 2 Lee St. Beach RestroomRenovate restroom finishes and fixtures7Facility 25,000 2016 3 Ladd Arboretum WindmillRemove windmillFacility 200,000 2016Facilities ContingencyPark 150,000 2016Parks Contingency2016 Total $3,890,000Projects funded from New GO Bonds in each plan year. Does not include projects with other funding sources or carryover projects from prior yearsParks/Facilities Capital Projects Plan FY 2016‐2018City of Evanston11 of 312 Ward TypeCIP Plan YearRank within Plan Year Project Name Project Scope7 Park 2017 1 Clark Street Beach BoardwalkConstruct boardwalk from beach house to lake1 Park 2017 1 Dog BeachInstall portable pathway system for the beach area 7Facility 2017 1 Ecology Center RenovationsRepair windows; Wood recoating of exterior soffits.5 Park 2017 1 Foster Field Athletic Field Renovations (Fleetwood) Renovate baseball infield, replace perimeter fencing8 Facility 2017 1 James Park East Parking Lot RenovationsMill, resurface and repair parking lot4 Park 2017 1 Grey Park RenovationsMain & Ridge.  Park Renovation8 Facility 2017 1 Levy Center Entryway Air BarrierInstall a glass divider around the café area for temperature control 8 Facility 2017 1 Levy Center KitchenReplace cabinet, work island, dishwasher, stove top and oven.1 Facility 2017 1 Noyes Hallway floor refinishing and repairRefinish wood hallway flooring on the 1st and 2nd floor. 1 Facility 2017 1 Noyes CAC Paint & Plaster Repaint and plaster ceilings & hallways in common areas.5 Facility 2017 1 Service Center Yard ‐ Parking lot/pads/entrances Resurface 1/3 of area each year for 3 years 7Restroom 2017 2 Ecology Center Restroom RenovationRestroom renovation3 Park 2017 2 Garden Park RenovationLakefront, N of Sheridan Square. Park Renovation7 Park 2017 2 McCulloch Park RenovationsLivingston between Broadway & Eastwood. Park Renovation8 Restroom 2017 2 James Park Field House Restroom RenovationsAfter roof replacement, restroom renovation8 Facility 2017 2 Levy Center CourtyardReplace soft surface material in the courtyardCity of EvanstonParks/Facilities Capital Projects Plan FY 2016‐2018Projects funded from New GO Bonds in each plan year. Does not include projects with other funding sources or carryover projects from prior years12 of 312 3 Restroom 2017 2 Dempster Beachhouse RestroomsRestroom renovation3 Facility 2017 2 Dempster Beachhouse Tuck pointingBuilding tuckpointing7 Restroom 2017 2 Leahy Shelter & Restroom Restroom Renovation8 Facility 2017 2 Levy Center Office RenovationsReconfigure interior office space5 Facility 2017 3 Civic Center Stairwell PaintingPaint interior stairwells6 Facility 2017 3 Lovelace Park Field House Exterior RepairsRecoat roof; Replace doors, hardware and soffit3 Facility 2017 3 Dempster Beachhouse Office/Training AreaReplace flooring6 Restroom 2017 3 Lovelace Park Field House Restroom RepairsRestroom renovation.1 Facility 2017 3 Noyes CAC Flooring Replace floor in room 1065Facility 2017 3 Civic Center Community Development Space ‐3rd floor Reconfigure office space, paint and replace carpeting.Facility 2017Facilities ContingencyPark 2017Parks Contingency13 of 312 Ward TypeCIP Plan YearRank within Plan Year Project Name Project Scope6 Park 2018 1 Cartwright Park RenovationsGrant & Prospect.  Park Renovation7Facility 2018 1 Chandler Center HVACReplace rooftop HVAC units5 Facility 2018 1 Civic Center Office Area ‐ Parks & RecReconfigure office space, paint and replace carpeting.8 Park 2018 1 James Park Pathway LightingInstall pedestrian lighting around walking path8 Park 2018 1 James Park Pathway ReconstructionReconstruct asphalt walking path5 Facility 2018 1 Service Center Yard ‐ Parking lot/pads/entrances Resurface 1/3 of area each year for 3 years 8 Park 2018 2 James Park Playground EquipmentPlayground equipment replacement6 Park 2018 2 Bent Park Field House TuckpointingTuckpoint building3 Restroom 2018 2 South Blvd Beach RestroomRestroom renovation3Restroom 2018 2 Baker Park Exterior RestroomRestroom renovation7 Restroom 2018 2 Lighthouse Landing Restroom RenovationsRestroom renovation5 Facility 2018 3 Fleetwood Jourdain Stage Area8 Park 2018 3 James Park Entry RenovationsDodge and Mulford. Landscape enhancements & signage at park entry5 Park 2018 3 Twiggs Park ShelterShelter renovation and equipment replacement4 Facility 2018 3 Police Station Interior EntryEnclose stairwell at entryFacility 2018Facilities ContingencyPark 2018Parks ContingencyCity of EvanstonParks/Facilities Capital Projects Plan FY 2016‐2018Projects funded from New GO Bonds in each plan year. Does not include projects with other funding sources or carryover projects from prior years14 of 312 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, June 8, 2015 8:15 p.m. Roll Call: Alderman Miller Alderman Fiske Alderman Braithwaite Alderman Wynne Alderman Wilson Alderman Holmes Alderman Tendam Alderman Grover Alderman Rainey Presiding: Mayor Elizabeth B. Tisdahl The Regular City Council Meeting was called to order at 8:15 p.m. after a quorum had been met. Mayor Public Announcements and Proclamations - Mayor Tisdahl read the Proclamation for Garden Club of Evanston – 100th Anniversary – Sunday, June 14, 2015. Members of the Garden Club were handed the Proclamation and took a picture with Mayor Tisdahl. City Manager Public Announcements - Acting City Manager, Erica Storlie introduced Patrick Deignan, Community Engagement Specialist spoke about what citizens had to go through to become Community Ambassadors. He also announced the Community Ambassadors and presented them with certificates. - Community Outreach for Parks/Facilities Capital Improvement Plan Can give feedback by calling Evanston 311 or go online to the City’s website at www.cityofevanston.org . City Clerk Communications - Saturday, June 6th, a few members of the City of Evanston family were honored by the First Seven-Day Adventist Church of Evanston, located at 1825 Dodge Avenue. The honorees were : Hon. Rodney Greene, City Clerk Alderwoman Delores Holmes Richard Eddington, Chief of Police Officer Kenny Carter Pastor Kenneth Cherry Evonda Thomas-Smith, Director of the Health Dept 15 of 312 City Council Agenda June 8, 2015 Page 2 of 7 Joe McRae, Deputy City Manager & Dir. Parks, Recreation & Community Services Kevin Brown, Youth & Young Adult Program Manager All the honorees received a framed certificate and a book. - Gave a reminder of the new guidelines for the RETT procedures. Public Comment: Each citizen listed spoke and gave their opinions on the Harley Clarke Mansion: Mark Jones Anna Roosevelt Joe Matthews Rachel Golden David Leitschuh Camille Blachowicz Diane Thodos Daniel Stein Mike Vasilko Blair Garb Barbara Janes Carl Bova John Kennedy Diane Williams Sigrid Pilgrim Ellie Edderson Bruce Spencer Alex Block Herb Harms Julia Bachrach Junad Rizki Jeanne Lindwall David Guran Jean Ward Mark White David Jennett Ann McMahon Lisa Dichiera Bea Mencu Matt Rodgers Joseph Flanagan Lori Keena Cary Lindine Mary Rosisk John Kennedy Sheila Sullivan Patrick Donnelly Lou Harms Susan Aaron SPECIAL ORDER OF BUSINESS (SP1) Harley Clarke Citizens’ Committee Report The Harley Clarke Citizens' Committee recommends that City Council receive and file this report. For Action – APPROVED (moved by Ald. Fiske, 2nd by Ald. Wilson) Steve Hagerty, Chair of Harley Clarke Citizens Committee gave a wonderful presentation with options that were on the table for the mansion. Alderman Fiske, Alderman Wilson, Alderman Miller, and Alderman Grover gave comments and opinions on the report that was presented. CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of May 26, 2015 For Action - APPROVED ADMINISTRATION & PUBLIC WORKS COMMITTEE 16 of 312 City Council Agenda June 8, 2015 Page 3 of 7 (A1) City of Evanston Payroll through May 17, 2015 $2,654,853.02 (A2) FY2015 City of Evanston Bills – June 9, 2015 $4,994,628.97 Credit Card Activity for Period Ending April 30, 2015 $ 180,626.32 For Action - APPROVED (A3.1) Approval of Agreement with Wiss, Janney, Elstner Associates Inc. for the 2015 Library Parking Garage Renovation Project (RFP 15-31) Staff recommends that City Council authorize the City Manager to execute a contract for engineering and design services for the Main Library Garage Renovation Project with Wiss, Janney, Elstner Associates Inc. (330 Pfingsten Road, Northbrook, IL) in the amount of $24,500. Funding is provided by the Parking Fund, Account 505.19.7015.65504, which has a remaining FY2015 project budget of $235,500.00. For Action - APPROVED (A3.2) Approval of Purchase of Arbotect Fungicide from Rainbow Treecare Scientific Advancements for the Control of Dutch Elm Disease Staff recommends City Council authorization for the sole source purchase of 105 gallons of Arbotect fungicide at $385 per gallon from Rainbow Treecare Scientific Advancements (Minnetonka, MN) for a total purchase amount of $40,425 for the control of Dutch elm disease. Funding is provided by the Parks/Forestry Maintenance Accounts 2655.62496 and 2655.65005. For Action - APPROVED (A3.3) Approval of One-Year Contract Extension and Change Order No. 1 with InfoSend, Inc., for Utility Bill Printing and Mailing Services (RFP 13-27) Staff recommends that City Council authorize the City Manager to execute a one- year contract extension for the period July 1, 2015 to June 30, 2016 to the Utility Bill Printing and Mailing agreement with InfoSend, Inc. (1406 Centre Circle Drive, Downers Grove, IL) in the amount of $18,550 and to execute Change Order No. 1 to the agreement adding the pass-through expenses for postage in the amount of $33,000. Funding is provided by the Water and Sewer Funds. For Action - APPROVED (A3.4) Approval of Purchase of Four Replacement Vehicles Staff recommends City Council authorization for the replacement purchase of four (4) vehicles as follows: a passenger bus from Midwest Transit Equipment Inc., (146 W. Issert Drive, Kankakee, IL) in the amount of $97,980, and three electric Nissan Leafs in the amount of $27,497.52 (three-year lease agreement with Autobarn, Evanston). Funding is provided by the Equipment Replacement Fund Account 601.26.7780.65550 in the amount of $125,477.52. For Action - APPROVED (A4) Approval of Sidewalk Café for 27 Live , 1014 Church Street Staff recommends approval of a first-time application for a sidewalk café permit for 27 Live, a Type # 1 restaurant located at 1014 Church Street. 17 of 312 City Council Agenda June 8, 2015 Page 4 of 7 For Action - APPROVED (A5) Resolution 61-R-15, Authorizing the Service Center Apartment Lease Agreement with Oscar Murillo Staff recommends City Council adopt Resolution 61-R-15 authorizing the City Manager to sign a lease for the one-bedroom apartment on the second floor of the Service Center, 2020 Asbury Avenue, with Oscar Murillo from June 27, 2015 through October 27, 2015 for monthly rent of $700. After October 27, 2015, the lease allows Mr. Murillo to continue his lease on a month-to-month basis. For Action - APPROVED (A6) Ordinance 72-O-15, Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Section 10, Schedule X (F) 3: Residential Exemption Parking District M The Transportation/Parking Committee and staff recommend that the City Council adopt Ordinance 72-O-15, amending Title 10, Chapter 11, adding the condominium complex at 1800 Ridge Avenue to Residential Exemption Parking District M. This ordinance was introduced at the May 26, 2015, City Council meeting. For Action - APPROVED (A7) Ordinance 73-O-15, Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 10, Schedule X (F) 6: Residential Exemption Parking District A The Transportation/Parking Committee and staff recommend that the City Council adopt Ordinance 73-O-15, amending portions of City Code Section 10- 11-10, Schedule X (F) 6, Residential Exemption Parking District ‘A’ by including (1) the east side of Sherman Avenue to the already included west side of Sherman Avenue, Lincoln Street to Colfax Street; and (2) both sides of Orrington Avenue, Lincoln Street to Colfax Street. This ordinance was introduced at the May 26, 2015, City Council meeting. For Action - APPROVED (A8) Ordinance 74-O-15, Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section XXll (B) E-2: Evanston Resident Only Parking Districts The Transportation/Parking Committee and staff recommend that the City Council adopt Ordinance 74-O-15, amending Title 10, Section XXll (B) adding Evanston Resident Only Parking District subsection (B) District E-2 from six o'clock (6:00) P.M. to six o'clock (6:00) A.M., seven (7) days a week for designated streets. This ordinance was introduced at the May 26, 2015, City Council meeting. For Action - APPROVED (A9) Ordinance 75-O-15, Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Section 18, Schedule XVII: Residential Parking Only District 4. The Transportation/Parking Committee and staff recommend that the City 18 of 312 City Council Agenda June 8, 2015 Page 5 of 7 Council adopt Ordinance 75-O-15, amending Title 10, Chapter 11, Section 18, Schedule XVIII, extending Residential Only Parking District 4 from Greenwood Street to Lake Street. This ordinance was introduced at the May 26, 2015, City Council meeting. For Action - APPROVED PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 66-O-15, Amendments to Design and Project Review (DAPR) Ordinance City staff recommends adoption of Ordinance 66-O-15 to institute minor clean-up revisions to the DAPR Ordinance. For Introduction - APPROVED (P2) Ordinance 51-O-15, Zoning Ordinance Text Amendment for Firearm Ranges The Plan Commission and staff recommend approval of the Zoning Ordinance Text Amendment to create a definition and land use regulations for Firearm Ranges. For Introduction - APPROVED (P3) Amendments to the Proposed Inclusionary Housing Ordinance 60-O-15 and Development of Other Revenue Sources for Affordable Housing Staff requests that City Council review and provide direction on: (1) specific amendments to the Inclusionary Housing Ordinance; and (2) development of additional revenues to more equitably share the cost of addressing affordable housing needs. This ordinance was referred to a sub-committee by the Planning and Development Committee on July 28, 2014 and held in Committee on April 27, 2015. For Action – OFF AGENDA (P4) Ordinance 59-O-15, Time Extension for Planned Development, 318-320 Dempster Street Staff recommends adoption of Ordinance 59-O-15 to extend the time for completion of the Planned Development at 318-320 Dempster Street, originally approved in March of 2008. The Ordinance grants a two-year extension to obtain building permits for construction of the third dwelling unit within the former livery stable on the property by June 8, 2017. This ordinance was introduced at the May 26, 2015, City Council meeting. For Action - APPROVED (P5) Ordinance 67-O-15, Granting Zoning Relief for the Number of Parking Spaces and Aisle Width 1719-1723 Howard Street City staff and the Zoning Board of Appeals recommend adoption of Ordinance 67-O-15 granting zoning relief to establish 19 open parking spaces where 23 open parking spaces are required, and a 22-foot aisle width where 24 feet is required, for a medical office, ACCESS Community Health Network, at 1719- 1723 Howard Street. ZBA found the proposal meets the standards for variances in the C1 Commercial District. This ordinance was introduced at the May 26, 19 of 312 City Council Agenda June 8, 2015 Page 6 of 7 2015, City Council meeting. For Action - APPROVED HUMAN SERVICES COMMITTEE (H1) Resolution 59-R-15 Authorizing Amendment to the Animal Control Policy The Board of Animal Control and staff recommend the City Council receive and file Resolution 59-R-15, the Animal Control Policy, until further notice. This item will be brought back to Council at a later date. This agenda item was held at the May 26, 2015 City Council meeting. For Action: Receive and File – TABLED, OFF AGENDA ECONOMIC DEVELOPMENT COMMITTEE (O1) Approval of Funding for 12-month Period for Chicago’s North Shore Convention and Visitors Bureau (CNSCVB) The Economic Development Committee and staff recommend that City Council authorize funding for Chicago’s North Shore Convention and Visitors Bureau (CNSCVB) in the amount of $65,564 for a period commencing July 1, 2015 through June 30, 2016. Funding is provided by the Economic Development Fund’s Economic Development Partnership Account 225.21.5300.62659. For Action - APPROVED (O2) Resolution 60-R-15 Authorizing the City Manager to Execute a Parking Agreement with Accuity, Inc. The Economic Development Committee and staff recommend adoption of Resolution 60-R-15 authorizing the City Manager to execute a Parking Agreement with Accuity, Inc. The City will provide an amount not to exceed $42,000 annually for a period of five years to pay for up to 70 parking spaces in the 1800 Maple Avenue parking garage for Accuity employees. Funding the business attraction of Accuity is provided by the Economic Development Fund’s Business Attraction Account 225.21.5300.62660. For Action - APPROVED APPOINTMENTS (APP 1) For Appointment to: Board of Animal Control Vicky Pasenko Housing & Community Dev. Act Committee Shawn Jones Housing & Community Dev. Act Committee Michael Miro Library Board Socorro Clarke M/W/EBE Development Committee Robin Simmons 20 of 312 City Council Agenda June 8, 2015 Page 7 of 7 For Action - APPROVED Call of the Wards: Alderman Miller: No report. Alderman Fiske: No report. Alderman Braithwaite: Thanked the residents and the committee for all comments and presentation for the Harley Clarke Mansion. Announced the upcoming meeting that will take place on June 11th at 7pm at the District 65 building. This will be a joint ward meeting. Ward 2 & Ward 5. Alderman Wynne: No report. Alderman Wilson: No report. Alderman Holmes: Expressed her appreciation for all the hard work on the Harley Clarke Committee. She also shared her thoughts on the murder that was earlier in the day in her ward (Ward 5). Mentioned concert in the park on June 18th at Twiggs Park, Evanston Sings at ETHS on June 19th at 7pm (Alderman Grover will be performing), Gibbs-Morrison building opening on June 20th at 1pm, and Father’s Day on June 21st at FJCC at 1pm. Alderman Tendam: No report. Alderman Grover: Thanked the residents and the committee in regards to the Harley Clarke Mansion. Announced a plant sale at Independence Park on Saturday, June 13th. Alderman Rainey: Added to the comments about the murder that happened earlier in the day. She expressed her thoughts and emotions about the violence in both Ward 8 and Ward 5. The Mayor called for a motion to adjourn, it was moved and seconded and with unanimous Voice Vote the meeting was adjourned at 10:53pm. Submitted by, Akasha S. Terrier Deputy City Clerk 21 of 312 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, June 15, 2015 7:05 p.m. ORDER OF BUSINESS Roll Call: Alderman Fiske Alderman Braithwaite Alderman Wynne Alderman Wilson Alderman Holmes Alderman Tendam Alderman Rainey Alderman Miller Absent Alderman Grover Presiding: Mayor Elizabeth B. Tisdahl Mayor Public Announcements and Proclamations - Mayor Tisdahl read the National Preservation Month Proclamation making June 2015, and Awards were given to recipients by Mark Muenzer, Director of Community Development. City Manager Public Announcements - Police Department Promotions and Oath of Office; Introduction of New Manager – Sworn in by Hon. Rodney Greene, City Clerk Sergeant Joseph Bush Commander Brian Henry Deputy Chief James Pickett - Introduction of New Manager by Mark Muenzer Damir Latinovic, Planning & Zoning Administrator Walk Friendly Communities Gold Level Award – Presented by Catherine Hurley, Sustainable Programs Coordinator United Way North-Northwest Top Municipal Campaign Silver Award - Presented by City Manager Wally Bobkeiwicz National League of Cities Bronze, Silver and Gold Medals for Active Kids at Play – Presented by Evonda Thomas-Smith, Director of Health & Human Services National League of Cities Bronze Medal for My Plate, Your Place Bike Commuter Challenge – Presented by Ylda Capriccioso 22 of 312 City Council Agenda June 15, 2015 Page 2 of 3 Communications: City Clerk: No communications. Public Comment: Ruth Hudson: Spoke about the updating of Robert Crown Center. Keith Hudson: Ask the council to please think about all the programs Robert Crown offers when updating the center. Dan Joseph: Voiced his opinions on making an Age-Friendly Evanston. Nancy Sreenan: 2nd Mr. Joseph’s comments and added her thoughts about making Evanston Age-Friendly. Junad Rizki: Voiced his opinion and thoughts about the survey for updating Robert Crown Center as well as how the taxpayer monies are being spent. David Guran: Spoke about Harley Clarke Mansion and what needs to be accomplished. SPECIAL ORDERS OF BUSINESS (SP1) City Wide Youth Services Overview Staff and community partners will give a presentation about summer youth activities. Presentation will include updates from the City’s Recreation Division and Youth and Young Adult program staff, the YMCA, the Youth Job Center, Y.O.U., the Moran Center and the Evanston Public Library. For Discussion – City Manager requested to move to a future meeting. Voice Agreement by Council. (SP2) Approval of Recommendation for Fundraising Consulting Services for Robert Crown Community Center (RFP 15-24) Staff recommends that City Council authorize the City Manager to execute a consulting services agreement for fundraising at the Robert Crown Community Center with Community Counselling Services Co., LLC (155 North Wacker, Suite 1790, Chicago, IL) at a total cost of $477,500. Funding is provided by the FY 2015 CIP (Project 415555) with a budget of $873,000. For Action – APPROVED Assistant City Manager, Marty Lyons gave a brief speech. He also mentioned if there are any questions about finance in regards to the project ask him, anything else should be directed to Joe McRae & Karen Danczak-Lyons. (SP3) Approval of Parks and Facilities 2016-2018 Proposed Capital Improvement Plan Staff recommends City Council approval of the proposed Parks and Facilities 2016-2018 Capital Improvement Plan. The plan identifies the capital improvement projects for park renovations and facilities upgrades throughout the City with priority rankings. For Action - City Manager requested to move to a future meeting. Voice Agreement by Council. 10/24/2013 6:42 PM 23 of 312 City Council Agenda June 15, 2015 Page 3 of 3 (SP4) 2014-15 End of Season Snow Report Staff will present the 2014-15 end of season snow report. For Discussion – Presentation given by James Maiworm, Assistant Director of Operations and Maintenance. (SP5) Economic Development Update Staff will provide a summary and overview of economic development activities to date at the June 15, 2015 City Council meeting. For reference the Economic Development Update that was approved by City Council at its March 23, 2015 meeting is included in the packet. For Discussion - City Manager requested to move to a future meeting. Voice Agreement by Council. APPOINTMENTS (APP1) For Reappointment to: Library Board Benjamin Schapiro Library Board Sandra Smith Library Board Michael Tannen For Action – APPROVED Call of the Wards: Alderman Fiske: No report Alderman Braithwaite: No report. Alderman Wynne: No report. Alderman Wilson: No report. Alderman Holmes: Tickets are on sale for “Evanston Sing” Alderman Tendam: No report. Alderman Grover: absent. Alderman Rainey: No report. Alderman Miller: No report. The Mayor called for a motion to adjourn, it was moved and seconded and with unanimous Voice Vote the meeting was adjourned at 8:15 p.m. Submitted by, Akasha S. Terrier Deputy City Clerk 10/24/2013 6:42 PM 24 of 312 ADMINISTRATION & PUBLIC WORKS COMMITTEE Tuesday, June 22, 2015 6:00 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers AGENDA I. DECLARATION OF A QUORUM: ALDERMAN RAINEY, CHAIR II. APPROVAL OF MINUTES OF REGULAR MEETING OF June 8, 2015 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through May 31, 2015 $2,696,771.10 (A2) FY2015 City of Evanston Bills – June 23, 2015 $2,959,780.93 For Action (A3.1) Approval of Agreement with CDM Smith for Engineering Services for Water Treatment Plant Reliability Improvements (RFP 15-27) Staff recommends City Council authorize the City Manager to execute an agreement for Engineering Services for Water Treatment Plant Reliability Improvements with CDM Smith (125 South Wacker Drive, Suite 600, Chicago, IL) in the not-to-exceed amount of $225,113. Funding is provided by the Water Fund, Capital Improvement Account 513.71.7330.62140 – 733094, which has a FY 2015 budget allocation of $3,500,000. For Action (A3.2) Approval of One-year Contract Extension with Water Resources, Inc. for the Water Meter Purchase Contract (Bid 14-33) Staff recommends that City Council authorize the City Manager to execute a one- year contract extension of the Water Meter Purchase contract with Water Resources, Inc. (390 Sadler Avenue, Elgin, IL) in the amount of $70,000. Funding is provided by the Water Fund accounts 510.71.7120.65070 and 510.71.7125.65080. There is no price increase for this contract extension. For Action Page 1; Rev. 6/18/2015 2:34:47 PM 25 of 312 (A3.3) Approval of Contract with Sheridan Plumbing & Sewer for Pitner Avenue Water Main Lining (Bid 15-39) Staff recommends that City Council authorize the City Manager to execute a contract for Water Main Lining – Pitner Avenue with Sheridan Plumbing & Sewer (6754 W. 74th Street, Bedford Park, IL) in the amount of $314,800.00. Funding is provided by the Water Fund, Account 513.71.7330.65515, which has an allocation of $3,487,600 for water main improvements. For Action (A3.4) Approval of the Purchase of Two Replacement Vehicles Staff recommends City Council approval for the replacement purchase of two vehicles in the amount of $285,962 as follows: an EMT Unit for Evanston Fire Department from Foster Coach Sales Incorporated (903 Prosperity Drive, Sterling, IL) in the amount of $261,477 and a pick-up truck for Parks, Recreation, and Community Development from Currie Motors (9423 W. Lincoln Highway, Frankfort, IL) in the amount of $24,485. Funding is provided by the Equipment Replacement Fund Account 601.26.7780.65550. For Action (A3.5) Approval of Renewal of Building Automation Service Agreement for HVAC Systems with Siemens Building Technologies, Inc. Staff recommends City Council authorize the City Manager to execute a single source service agreement for the Building Automation System at the Police Headquarters/911 Center with Siemens Building Technologies, Inc., (585 Slawin Court, Mount Prospect, IL) in the amount of $25,824 for FY 2015 to cover hardware/software and service visits for the building’s HVAC systems. There is no increase from last year. Funding is provided by the Facilities Account 100.26.2677.62509, which has a FY 2015 budget of $74,845. For Action (A3.6) Approval of Renewal of Building Automation Service Agreement for HVAC Systems with Schneider Electric Staff recommends City Council authorize the City Manager to execute a single source service agreement with Schneider Electric (17475 Palmer Blvd., Homewood, IL) in the amount of $25,032 for the Building Automation System (BAS) at eight City facilities. Funding is provided by the Facilities Account 100.26.2677.62509, which has a FY 2015 budget of $74,845. For Action (A3.7) Approval of Participation in a Joint Contract for Pavement Patching Staff recommends that City Council authorize the City Manager to approve a contract award through the Municipal Partnering Initiative for Pavement Patching services with Johnson Paving (1025 Addison Ct., Arlington Heights, IL) in the amount of $150,000. Funding is provided by the Capital Improvement Fund Account 415.26.4150.65515 of which $150,000 is budgeted for the supplemental patching program. For Action Page 2; Rev. 6/18/2015 2:34:47 PM 26 of 312 (A3.8) Approval of Contract Award to Kovilic Construction Co. Inc., for the Church Street Boat Ramp Improvement Project, (Bid 15-29) Staff recommends City Council authorize the City Manager to execute a contract for the Church Street Boat Ramp Improvement Project with Kovilic Construction Co. Inc., (3721 N. Carnation Street, Franklin Park, IL), in the amount of $613,027. Funding of $470,000 is provided by the FY2015 Capital Improvement Plan (Account #415.26.4150.65515/416127) and a $200,000 grant from the Illinois Department of Natural Resources. For Action (A3.9) Approval of Purchase of Cisco Hardware and Software Licenses from Heartland Business Systems Staff recommends City Council authorize the single source purchase of Cisco Networking Equipment and Licensing from Heartland Business Systems, (5400 Patton Drive, Unit 4B, Lisle, IL) in the amount of $223,266.87 to replace existing core networking hardware that has reached end of serviceable life from the manufacturer. Funding is provided by the Capital Improvement Fund Account 4150.65515. For Action (A3.10)Approval of Contract with WreckCon Specs for Demolition of City-Owned Property at 717 Howard Street Staff recommends that City Council authorize the City Manager to execute a contract for the demolition of improvements located at 717 Howard Street with WreckCon Specs (2115 Wesley Avenue, Evanston, IL) in the amount of $27,500. Funding is provided by Howard-Ridge TIF (Account # 330.99.5860.56010). The current balance is $63,606.67. For Action (A4) Approval of Church Street/Evanston Township High School Bike Path Project Change Order #1 Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 to the contract for the 2015 Water Main Replacement & Street Resurfacing CIP I Project (Bid 15-13) with A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL) in the amount of $140,215. This Change Order will expand the scope of the contract to include the construction of a bike path on Evanston Township High School property and on the south side of Church Street. Funding is provided by the ETHS/Church Street Bike Path CIP Project 416141 which has a budget of $250,000. For Action (A5) Resolution 65-R-15, Designation of Illinois Municipal Retirement Fund (IMRF) Authorized Agent Staff recommends that City Council adopt Resolution 65-R-15, appointing Jennifer Lin as the IMRF Authorized Agent. For Action Page 3; Rev. 6/18/2015 2:34:47 PM 27 of 312 (A6) Resolution 62-R-15, Resolution Relating to Prevailing Wage for Public Works Projects Staff recommends that City Council adopt Resolution 62-R-15, in order to comply with the provisions of the Illinois Prevailing Wage Act, 820 ILCS 130/0.01, et seq. (the “Act”). For Action (A7) Resolution 64-R-15 Easement Agreement with Northwestern University for Alley Paving Staff recommends City Council adoption of Resolution 64-R-15, authorizing the City Manager to negotiate and execute a temporary construction easement agreement with Northwestern University for City-owned alleys located west of Sheridan Road and north of Garrett Place and Haven Street. For Action (A8) Resolution 67-R-15 Contract with Logan Consulting Services for Diversity and Inclusion Interactive Workshop for Evanston Police Department Staff recommends City Council adopt Resolution 67-R-15, authorizing the City Manager to execute a contract for the Evanston Police Department’s Diversity and Inclusion Interactive Workshop Series with Dr. Gilo Kwesi Logan, President of Logan Consulting Services (Evanston, Illinois) at a total cost of $55,000. Funding is provided by the Police Department’s Administrative Training and Travel Account 100.22.2260.62295. For Action (A9) Resolution 68-R-15 Intergovernmental Agreement with the Illinois Department of Transportation for Street Maintenance Staff recommends that City Council adopt Resolution 68-R-15 which authorizes the City Manager to execute an intergovernmental agreement for street maintenance with the Illinois Department of Transportation. This agreement will allow for the reimbursement of routine maintenance of state routes including surface and pothole repairs, litter disposal, and other routine operational services. For Action (A10) Ordinance 81-O-15, Authorizing Commercial Lease of Property Located at 1823 Church Street with Pie Café, LLC Staff recommends City Council adoption of Ordinance 81-O-15 authorizing the City Manager to negotiate and execute a Lease Agreement Lease with First Slice Pie Café to rent commercial kitchen and storage space at the Gibbs-Morrison Cultural Center. For Introduction Page 4; Rev. 6/18/2015 2:34:47 PM 28 of 312 (A11) Ordinance 82-O-15, amending Title 10, Motor Vehicles and Traffic, Chapter 11, Section 13, Schedule XIII: Commercial Vehicles of Excessive Weight Prohibition, Lincoln Street Staff recommends that the City Council adopt Ordinance 82-O-15, amending Title 10, Chapter 11, Section 13, and Schedule XIII: Commercial Vehicles of Excessive Weight Prohibited from Using Certain Streets by deleting Lincoln Street, Sheridan Road east to the dead end. For Introduction (A12) Ordinance 77-O-15, Decreasing the Number of Class D Liquor Licenses for Signature Food Solutions, Inc., d/b/a Chicago’s Home of Chicken and Waffles III, 2424 Dempster Street Staff recommends City Council adoption of Ordinance 77-O-15, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses from fifty (50) to forty-nine (49). Signature Food Solutions, Inc., d/b/a Chicago’s Home of Chicken and Waffles III (“Company”), 2424 Dempster Street, closed its business. For Introduction (A13) Ordinance 78-O-15, Decreasing the Number of Class D Liquor Licenses for Lupita’s, Inc., d/b/a Lupita’s Mexican Restaurant, 700 Main Street Staff recommends City Council adoption of Ordinance 78-O-15, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses from forty-nine (49) to forty-eight (48). Lupita’s, Inc., d/b/a Lupita’s Mexican Restaurant (“Company”), 700 Main Street, closed its business. For Introduction (A14) Ordinance 69-O-15, Establishing Special Service Area No. 6 in the City of Evanston The Economic Development Committee and staff recommend adoption of Ordinance 69-O-15, establishing Special Service Area Number 6 (SSA No. 6) in the City of Evanston. SSA No. 6 is intended to provide marketing as well as aesthetic and streetscape improvements such as signage, lighting, landscaping, additional garbage collections and holiday decorations for the commercial corridors along Chicago Avenue, Main Street, and Dempster Street in Southeast Evanston. The ordinance establishes the geographic boundaries, duration, and tax cap for the SSA. For Introduction IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT Page 5; Rev. 6/18/2015 2:34:47 PM 29 of 312 Administration and Public Works Committee Meeting Minutes of June 8, 2015 Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: A. Rainey, D. Holmes, P. Braithwaite, J. Grover, B. Miller STAFF PRESENT: E. Storlie, G. Farrar, R. Voss, S. Nagar, D. Stoneback, B. Dorneker, T. Turner, L. Jeschke, Chief Eddington, S. Flax L. Perez, J. Maiworm, P. D’Agostino, K. Danczak-Lyons, G. Gerdes, C. Plante STAFF ABSENT: M. Lyons, W. Bobkiewicz, M. Muenzer, R. Dahal, J. McRae, M. Sumar, A. King, A. Thorpe, Y. Capriccioso, P. Zalmezak, C. Ferraro, E. Thomas-Smith, S. Levine, J. Calderon PRESIDING OFFICIAL: Ald. Rainey I. DECLARATION OF A QUORUM A quorum being present, Ald. Rainey called the meeting to order at 6:07 p.m. II. APPROVAL OF MINUTES OF REGULAR MEETING OF MAY 26, 2015 Ald. Braithwaite moved to approve the minutes of the May 26, 2015 A&PW meeting as submitted, seconded by Ald. Rainey. The Minutes of the May 26, 2015 meeting were approved unanimously 4-0. Ald. Holmes arrived at 6:08pm. III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through May 17, 2015 $2,654,853.02 For Action Ald. Grover moved to approve the City of Evanston Payroll (A1) through May 17 , 2015, seconded by Ald. Miller. The Committee voted unanimously 5-0 to approve the payroll. (A2) FY2015 City of Evanston Bills – June 9, 2015 $4,994,628.97 Credit Card Activity for Period Ending April 30, 2015 $ 180,626.32 For Action Ald. Grover moved to approve the City of Evanston Bills for fiscal year 2015 through May 27, 2015 and credit card activity for the period ending April 30, 2015, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to approve the bills and credit card activity. DRAFT – NOT APPROVED 30 of 312 Administration and Public Works Committee Meeting Minutes of 6-8-15 Page 2 of 4 (A3.1) Approval of Agreement with Wiss, Janney, Elstner Associates Inc. for the 2015 Library Parking Garage Renovation Project (RFP 15-31) Staff recommends that City Council authorize the City Manager to execute a contract for engineering and design services for the Main Library Garage Renovation Project with Wiss, Janney, Elstner Associates Inc. (330 Pfingsten Road, Northbrook, IL) in the amount of $24,500. Funding is provided by the Parking Fund, Account 505.19.7015.65504, which has a remaining FY2015 project budget of $235,500.00. For Action Ald. Grover moved to recommend City Council authorize the City Manager to execute a contract for engineering and design services for the Main Library Garage Renovation Project with Wiss, Janney, Elstner Associates Inc. in the amount of $24,500, seconded by Ald. Braithwaite. At Ald. Braithwaite’s inquiry, Library Director Karen Danczak-Lyons will provide documentation confirming that Nest builders, a subcontractor on the project, is an Evanston-based enterprise. This item will go to Council and be held pending additional information. The Committee voted unanimously 5-0 to approve the contract. (A3.2) Approval of Purchase of Arbotect Fungicide from Rainbow Treecare Scientific Advancements for the Control of Dutch Elm Disease Staff recommends City Council authorization for the sole source purchase of 105 gallons of Arbotect fungicide at $385 per gallon from Rainbow Treecare Scientific Advancements (Minnetonka, MN) for a total purchase amount of $40,425 for the control of Dutch elm disease. Funding is provided by the Parks/Forestry Maintenance Accounts 2655.62496 and 2655.65005. For Action Ald. Rainey moved to recommend City Council authorize the single source purchase of Dell servers, Dell storage hardware, Dell Wyse desktop terminals, and licensing from Dell, Inc. in the amount of $299,503.13 to expand the City’s virtual desktop environment and replace 300 additional desktops throughout all departments, seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to approve the purchase. (A3.3) Approval of One-Year Contract Extension and Change Order No. 1 with InfoSend, Inc., for Utility Bill Printing and Mailing Services (RFP 13-27) Staff recommends that City Council authorize the City Manager to execute a one- year contract extension for the period July 1, 2015 to June 30, 2016 to the Utility Bill Printing and Mailing agreement with InfoSend, Inc. (1406 Centre Circle Drive, Downers Grove, IL) in the amount of $18,550 and to execute Change Order No. 1 to the agreement adding the pass-through expenses for postage in the amount of $33,000. Funding is provided by the Water and Sewer Funds. For Action Ald. Miller moved to recommend that City Council authorize the City Manager to execute a one-year contract extension for the period July 1, 31 of 312 Administration and Public Works Committee Meeting Minutes of 6-8-15 Page 3 of 4 2015 to June 30, 2016 to the Utility Bill Printing and Mailing agreement with InfoSend, Inc. in the amount of $18,550 and to execute Change Order No. 1 to the agreement adding the pass-through expenses for postage in the amount of $33,000, seconded by Ald. Grover. At Ald. Rainey’s inquiry, Water Production Superintendent Kevin Lookis confirmed that the previous vendor was Third Millenium. He explained that we are unable to use our City of Evanston postage because postage permits are tied to a particular post office. He also confirmed that we will go out to bid for a new vendor at the end of this contract. Ald. Braithwaite would love to see the Utilities Department work with a local printer for this type of job. He reached out to a local printer in his ward who stated he had not been contacted by the City for any projects. Superintendent Lookis explained that no local printers have bid on this project, but he will reach out during the bid process. The Committee voted unanimously 5-0 to recommend approval of the contract extension. (A3.4) Approval of Purchase of Four Replacement Vehicles Staff recommends City Council authorization for the replacement purchase of four (4) vehicles as follows: a passenger bus from Midwest Transit Equipment Inc., (146 W. Issert Drive, Kankakee, IL) in the amount of $97,980, and three electric Nissan Leafs in the amount of $27,497.52 (three-year lease agreement with Autobarn, Evanston). Funding is provided by the Equipment Replacement Fund Account 601.26.7780.65550 in the amount of $125,477.52. For Action Ald. Grover moved to recommend City Council authorization for the replacement purchase of four (4) vehicles as follows: a passenger bus from Midwest Transit Equipment Inc., in the amount of $97,980, and three electric Nissan Leafs in the amount of $27,497.52 (three-year lease agreement with Autobarn, Evanston), seconded by Ald. Holmes. The Committee voted unanimously 5-0 to recommend approval of the purchases. (A4) Approval of Sidewalk Café for 27 Live , 1014 Church Street Staff recommends approval of a first-time application for a sidewalk café permit for 27 Live, a Type # 1 restaurant located at 1014 Church Street. For Action Ald. Holmes moved to recommend approval of a first-time application for a sidewalk café permit for 27 Live, a Type # 1 restaurant located at 1014 Church Street, seconded by Ald. Grover. The Committee voted unanimously 5-0 to recommend approval of the application. 32 of 312 Administration and Public Works Committee Meeting Minutes of 6-8-15 Page 4 of 4 (A5) Resolution 61-R-15, Authorizing the Service Center Apartment Lease Agreement with Oscar Murillo Staff recommends City Council adopt Resolution 61-R-15 authorizing the City Manager to sign a lease for the one-bedroom apartment on the second floor of the Service Center, 2020 Asbury Avenue, with Oscar Murillo from June 27, 2015 through October 27, 2015 for monthly rent of $700. After October 27, 2015, the lease allows Mr. Murillo to continue his lease on a month-to-month basis. For Action Ald. Rainey moved to recommend City Council adopt Resolution 61-R-15 authorizing the City Manager to sign a lease for the one-bedroom apartment on the second floor of the Service Center, 2020 Asbury Avenue, with Oscar Murillo from June 27, 2015 through October 27, 2015 for monthly rent of $700 and after October 27, 2015, the lease allows Mr. Murillo to continue his lease on a month-to-month basis, seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to adopt the resolution. IV. ITEMS FOR DISCUSSION VI. COMMUNICATIONS VII. ADJOURNMENT Ald. Holmes moved to adjourn, seconded by Ald. Grover. The meeting was adjourned at 6:19 pm. Respectfully submitted, Janella Hardin, PHR 33 of 312 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: June 17, 2015 Recommended Action: Staff recommends approval of the City of Evanston Payroll and Bills List. Continuing in 2015, 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 – May 18, 2015 through May 31, 2015 $2,696,771.10 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List– June 23, 2015 $2,959,780.93 General Fund Amount – Bills list $ 217,581.05 TOTAL AMOUNT OF BILLS LIST & PAYROLL $5,656,552.03 *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 June 22, 2015 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 34 of 312 CITY OF EVANSTON BILLS LIST PERIOD ENDING 06.23.2015 100 GENERAL FUND 100 GENERAL SUPPORT 10260 CITY OF EVANSTON PETTY CASH PETTY CASH 822.66 21639 EYE MED VISION CARE MONTHLY INVOICE-VISION INSURANCE 3,079.83 21650 NATIONAL GUARDIAN LIFE INSURANCE CO.MONTHLY INVOICE-INSURANCE-NGL 339.39 41420 GEYER, MIKHAIL MEALS-ADAMAX TACTICAL TRAINING 150.00 41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS CASE #13-9681 1,378.00 41420 HICKS, BRIAN M.MEALS-ADAMAX TACTICAL TRAINING 150.00 41420 CARTER, KENNETH MEALS-ADAMAX TACTICAL TRAINING 150.00 41420 TAMBURRINO, CHRISTOPHER MEALS-ADAMAX TACTICAL TRAINING 150.00 41420 PILLARS, JAMES MEALS-ADAMAX TACTICAL TRAINING 150.00 41420 KLOPACK, STEVEN MEALS-ADAMAX TACTICAL TRAINING 150.00 41420 MARK A. POYA MEALS-ADAMAX TACTICAL TRAINING 150.00 41420 GIL J LEVY MEALS-ADAMAX TACTICAL TRAINING 150.00 41420 O'BRIEN, SEAN MEALS-ADAMAX TACTICAL TRAINING 150.00 41420 DAVID CHERREY MEALS-ADAMAX TACTICAL TRAINING 150.00 41420 CHRISTOPHER W. TORTORELLO MEALS-ADAMAX TACTICAL TRAINING 150.00 41420 ADAM PACK MEALS-ADAMAX TACTICAL TRAINING 150.00 41420 PHILLIP R. LANG MEALS-ADAMAX TACTICAL TRAINING 150.00 41420 IVAN REZA MEALS-ADAMAX TACTICAL TRAINING 150.00 100 GENERAL SUPPORT Total 7,719.88 1400 CITY CLERK 62295 RODNEY GREENE REIMBURSEMENT- IIMC CONFERENCE 53.94 65095 OFFICE DEPOT OFFICE SUPPLIES 5.11 1400 CITY CLERK Total 59.05 1505 CITY MANAGER 62509 ILLINOIS DEPARTMENT OF AGRICULTURE *LICENSE RENEWAL FEE 25.00 62509 GREEN BAY ANIMAL HOSPITAL SERVICES PROVIDED TO EVANSTON ANIMAL SHELTER ASSOCIATION 351.16 62509 ABE'S VETERINARY HOSPITAL *ANIMAL SHELTER OPERATION COSTS 3,400.00 64540 AT & T MOBILITY *COMMUNICATION CHARGES 162.96 65095 OFFICE DEPOT OFFICE SUPPLIES 89.98 1505 CITY MANAGER Total 4,029.10 1510 PUBLIC INFORMATION 62205 EVANSTON SIGNS GRAPHICS, INC.PODIUM PLAQUES FOR CITY OF EVANSTON 260.00 1510 PUBLIC INFORMATION Total 260.00 1580 COMMUNITY ARTS 66040 WICKSTROM, JESS MOTT CULTURAL FUND GRANT PANELIST STIPEND 75.00 66040 BERKELEY, ANNE CULTURAL FUND GRANT PANELIST STIPEND 75.00 66040 COHEN, JUDITH S.CULTURAL FUND GRANT PANELIST STIPEND 75.00 66040 BLOOM, HEIDI CULTURAL FUND GRANT PANELIST STIPEND 75.00 66040 HAWKINS, EBONI CULTURAL FUND GRANT PANELIST STIPEND 75.00 66040 NICHOLAS TRACY CULTURAL FUND GRANT PANELIST STIPEND 75.00 1580 COMMUNITY ARTS Total 450.00 1705 LEGAL ADMINISTRATION 52570 SHVETS, DMYTRO OVERPAYMENT OF COMPLIANCE TICKET 50.00 62130 FRIEDMAN, CHAYA DATABASE MAINTENANCE 375.00 62345 FEDERAL EXPRESS CORP.SHIPPING CHARGES 50.87 1705 LEGAL ADMINISTRATION Total 475.87 1910 FINANCE DIVISION - REVENUE 65095 OFFICE DEPOT OFFICE SUPPLIES 362.53 1910 FINANCE DIVISION - REVENUE Total 362.53 1920 FINANCE DIVISION - ACCOUNTING 62185 ACCOUNTEMPS ACCOUNTING SERVICES 2,437.21 62185 ACCOUNTEMPS COLLECTIONS COORDINATOR 1,992.60 62185 FEDERAL EXPRESS CORP.SHIPPING 54.53 62280 FEDERAL EXPRESS CORP.SHIPPING 47.25 1920 FINANCE DIVISION - ACCOUNTING Total 4,531.59 1929 HUMAN RESOURCE DIVISION 62160 THEODORE POLYGRAPH SERVICE, INC.PRE EMPLOYMENT TESTING-POLICE 600.00 62270 QUEST DIAGNOSTICS CLINICAL LABORATORIES PRE EMPLOYMENT TESTING 3,064.50 62274 TRANS UNION CORP RECRUITMENT-POLICE-BACKGROUND CHECKS 97.26 62310 NORTHERN ILLINOIS UNIVERSITY STAFF CONFERENCE/TRAINING 3,240.00 62315 FEDERAL EXPRESS CORP.SHIPPING 59.95 62509 EAP CONSULTANTS, INC.CONSULTANTS-EMPLOYEE SERVICES-MONTHLY INVOICE-EAP 939.60 65095 OFFICE DEPOT OFFICE SUPPLIES 93.49 65125 NATIONAL AWARD SERVICES PINS FOR "WE LOVE EVANSTON" CAMPAIGN 1,909.00 1929 HUMAN RESOURCE DIVISION Total 10,003.80 1932 INFORMATION TECHNOLOGY DIVI. 62250 SMS SYSTEMS MAINTENANCE SERVICES, INC.COMPUTER HARDWARE MAINTENANCE 485.80 62340 VERMONT SYSTEMS INC RECTRAC TICKETING MODULE 6,240.60 62340 SHI INTERNATIONAL CORP SPAM FILTER AND ARCHIVED LICENSE AND REPLACEMENT SERVICE 5,915.00 135 of 312 CITY OF EVANSTON BILLS LIST PERIOD ENDING 06.23.2015 62340 AT & T COMMUNICATION CHARGES 43.44 62340 CURRENT TECHNOLOGIES CORPORATION MILESTONE CAMERA LICENSES 7,358.46 62380 CHICAGO OFFICE TECHNOLOGY GROUP COPIER CHARGES 486.98 64505 AT & T COMMUNICATION CHARGES 229.26 64540 VERIZON WIRELESS COMMUNICATION CHARGES 1,503.98 65615 COMMUNICATION REVOLVING FUND COMMUNICATION CHARGES 583.33 1932 INFORMATION TECHNOLOGY DIVI. Total 22,846.85 1941 PARKING ENFORCEMENT & TICKETS 52505 AMERICAN TRAFFIC SOLUTIONS, INC PARKING TICKET REFUND 75.00 52505 PINCHOT, DOV PARKING TICKET REFUND 35.00 62451 NORTH SHORE TOWING IMMOBILIZATION PROGRAM 4/1/15 - 5/31/15 3,600.00 1941 PARKING ENFORCEMENT & TICKETS Total 3,710.00 2105 PLANNING & ZONING 65095 OFFICE DEPOT OFFICE SUPPLIES 22.47 2105 PLANNING & ZONING Total 22.47 2126 BUILDING INSPECTION SERVICES 52080 BEAR CONSTRUCTION REFUND: BUILDING PERMIT 1,165.00 62190 ACS POWER WASH REMOVAL OF GRAFFITI 1,055.20 2126 BUILDING INSPECTION SERVICES Total 2,220.20 2205 POLICE ADMINISTRATION 62210 H & H PRINTING GENERAL INFORMATION HANDBOOKS 998.43 62280 FEDERAL EXPRESS CORP.SHIPPING 14.94 62360 WILD CROW COMMUNICATION, INC DEPLOYMENT MEETING POSTS 300.00 62375 WEST GROUP PAYMENT CTR INFORMATION CHARGES 310.91 62375 WEST GROUP PAYMENT CTR VEHICLE CODE 227.59 62375 COOK COUNTY BUREAU OF INFORMATION DATALINE CONNECTION 2,587.46 64005 COMED UTILITIES 206.96 65125 EVANSTON FUNERAL & CREMATION BODY REMOVAL 300.00 2205 POLICE ADMINISTRATION Total 4,946.29 2210 PATROL OPERATIONS 65020 VCG UNIFORM UNIFORMS 645.80 65020 KIESLER POLICE SUPPLY, INC.BALLISTIC VEST 1,160.09 65020 KIESLER POLICE SUPPLY, INC.VEST PURCHASE 1,164.49 2210 PATROL OPERATIONS Total 2,970.38 2240 POLICE RECORDS 65095 OFFICE DEPOT OFFICE SUPPLIES-BOX STORAGE 9.59 65095 OFFICE DEPOT OFFICE SUPPLIES-CHAIR MAT 81.98 65095 OFFICE DEPOT OFFICE SUPPLIES-FILE BOXES/TAPE 118.47 65095 OFFICE DEPOT OFFICE SUPPLIES-TAPE/STAPLES/STAPLER 67.53 2240 POLICE RECORDS Total 277.57 2250 SERVICE DESK 62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTOR 181.00 65125 FEDERAL EXPRESS CORP.SHIPPING 15.84 65125 SILK SCREEN EXPRESS, INC.CRIME SCENE TAPE 1,497.66 2250 SERVICE DESK Total 1,694.50 2251 311 CENTER 64505 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 64505 AT & T *311 SERVICE 400.05 2251 311 CENTER Total 438.06 2260 OFFICE OF ADMINISTRATION 62295 SHANAS, RICHARD L.MEALS-40 HOUR GANG CLASS 75.00 62295 CARTER, KENNETH MEALS-40 HOUR GANG CLASS 75.00 62295 CONLEY, JUSTIN MEALS-40 HOUR FTO CLASS 75.00 62295 CHICAGOLAND MOTORCYCLE SAFTEY EXPO MOTORCYCLE TRAINING 1,750.00 62295 NELSON, JASON MEALS-40 HOUR FTO CLASS 75.00 62295 SCHIENBEIN, TED MEALS-FORENSIC TRAINING 45.00 62295 SCOTT SOPHIER MEALS-MOTOR ESCORT 75.00 62295 HEIDI BERNHARDT MEALS-FORENSIC TRAINING 45.00 62295 MICHAEL TRICHE MEALS-MOTOR ESCORT TRAINING 75.00 62295 VANDERMEIR, MARK MEALS-MOTOR ESCORT TRAINING 75.00 62295 VANDERMEIR, MARK MEALS-TRAFFIC RECONSTRUCTION 75.00 62295 TRACY WILLIAMS MEALS-MOTOR ESCORT TRAINING 75.00 62295 STANLEY SAMSON MEALS-MOTOR ESCORT TRAINING 75.00 62295 DANIEL G. KEELER MEALS-MOTOR ESCORT TRAINING 75.00 62295 MARTIN NEAL MEALS-MOTOR ESCORT TRAINING 75.00 64565 COMCAST CABLE UTILITIES 24.21 2260 OFFICE OF ADMINISTRATION Total 2,764.21 2270 TRAFFIC BUREAU 65085 L3 COMMUNICATIONS MOBILE-VISION, INC.SHIPPING 63.90 65120 SETCOM CORP.HELMET KIT 274.02 236 of 312 CITY OF EVANSTON BILLS LIST PERIOD ENDING 06.23.2015 65125 NORTH SHORE TOWING TOW & HOOK 355.00 2270 TRAFFIC BUREAU Total 692.92 2280 ANIMAL CONTROL 62295 ANDERSON PEST CONTROL PEST MANAGEMENT 52.76 64015 NICOR UTILITIES 159.14 65125 PETSMART KITTY LITTER 68.94 2280 ANIMAL CONTROL Total 280.84 2305 FIRE MGT & SUPPORT 64540 VERIZON WIRELESS COMMUNICATION CHARGES 152.04 65125 EMERGENCY SERVICES MARKETING CORP., INC.RESPONSE SUPPORT 850.00 2305 FIRE MGT & SUPPORT Total 1,002.04 2310 FIRE PREVENTION 62295 FIRE INVESTIGATORS STRIKE FORCE TRAINING SEMINAR 135.00 62360 FIRE INVESTIGATORS STRIKE FORCE MEMBERSHIP 75.00 2310 FIRE PREVENTION Total 210.00 2315 FIRE SUPPRESSION 53675 ANDRES MEDICAL BILLING AMBULANCE CHARGES - APRIL 2015 10,831.62 62295 UNIVERSITY OF ILLINOIS FIREMAN TRAINING 300.00 62295 UNIVERSITY OF ILLINOIS FIREMAN TRAINING 950.00 62295 DAVID S. SMRHA REIMBURSEMENT- IFSI CONFERENCE 722.48 65015 PRAXAIR DISTIBUTION INC OXYGEN 493.01 65040 SAM'S CLUB DIRECT *SUPPLIES-CLEANING 469.35 65085 W S DARLEY & CO SMALL TOOLS 120.00 2315 FIRE SUPPRESSION Total 13,886.46 2435 FOOD AND ENVIRONMENTAL HEALTH 62295 ILLINOIS ASSOCIATION OF CODE ENFORCEMENT MEMBERSHIP 150.00 62469 UNITED SERVICES BY PERMACO, INC.BOARD UP 1319 McDANIEL 259.00 62472 IDEXX DISTRIBUTION, INC.BEACH WATER TESTING 1,904.58 62477 OFFICE DEPOT OFFICE SUPPLIES 1,414.91 62477 VERIZON WIRELESS *COMMUNICATION CHARGES 412.90 64540 VERIZON WIRELESS *COMMUNICATION CHARGES 240.38 2435 FOOD AND ENVIRONMENTAL HEALTH Total 4,381.77 2605 DIRECTOR OF PUBLIC WORKS 62210 ALLEGRA PRINT & IMAGING RECYCLING POSTERS AND LABELS 472.50 62210 QUARTET COPIES POSTERS FOR SHOPPING BAG ORDINANCE 452.00 62360 SAM'S CLUB DIRECT *MEMBERSHIP 15.00 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 2605 DIRECTOR OF PUBLIC WORKS Total 977.51 2610 MUNICIPAL SERVICE CENTER 62225 SMITHEREEN PEST MANAGEMENT SERVICES RODENT CONTROL 93.00 62235 MIDWEST TIME RECORDER TIME CLOCK MAINTENANCE 213.00 62518 RIXON CUSTOM EQUIPMENT PROXIMITY CARDS 295.00 64015 NICOR UTILITIES 760.15 65040 WAREHOUSE DIRECT INC.JANITORIAL SUPPLIES-SERVICE CENTER 1,114.34 2610 MUNICIPAL SERVICE CENTER Total 2,475.49 2625 ENGINEERING 62210 FEDERAL EXPRESS CORP.SHIPPING 15.84 2625 ENGINEERING Total 15.84 2655 PARKS & FORESTRY MAINT. & OPER. 62195 LURVEY LANDSCAPE SUPPLY LANDSCAPING -CIVIC CENTER 629.63 62195 LURVEY LANDSCAPE SUPPLY LANDSCAPING -HOWARD & CHICAGO 343.00 62195 LURVEY LANDSCAPE SUPPLY LANDSCAPING -CHURCH & DODGE 619.00 62195 STAR ROSES & PLANTS ROSE GARDEN LANDSCAPE 1,446.19 62195 SKOKIE PARK DISTRICT *1/2 MAINTENANCE/OPERATION COST 18,685.10 62195 LANDSCAPE CONCEPTS MANAGEMENT, INC.2015 GREEN BAY ROAD LANDSCAPE MAINTENANCE (BID #15-10)3,796.00 62195 LANDSCAPE CONCEPTS MANAGEMENT, INC.CALLAN AVE. STREETSCAPE LANDSCAPE MAINTENANCE 311.25 62199 NUTOYS LEISURE PRODUCTS SARGENT PARK 1,511.00 62360 ILLINOIS DEPARTMENT OF AGRICULTURE PEST CONTROL LICENSE APPLICATION 20.00 62385 NELS J. JOHNSON TREE EXPERTS, INC.TREE TRUNKS REMOVAL 3,415.00 62385 HALLORAN & YAUCH, INC.UNDERGROUND IRRIGATION 339.09 65005 CLESEN WHOLESALE ALEXANDER 370.20 65005 CLESEN WHOLESALE ANNUAL FLOWERS 80.90 65005 CLESEN WHOLESALE BENT FLOWERS 58.50 65005 CLESEN WHOLESALE EARTH DAY FLOWERS 94.50 65005 CLESEN WHOLESALE EIDEN FLOWERS 167.40 65005 CLESEN WHOLESALE GREY PLANTERS 95.20 65005 CLESEN WHOLESALE HOWARD PLANTERS 167.70 65005 CLESEN WHOLESALE HOWARD/CHICAGO PENNISETUM 33.00 65005 CLESEN WHOLESALE LAKE PLANTERS 234.90 65005 CLESEN WHOLESALE LOVELACE PLANTERS 67.50 65005 CLESEN WHOLESALE ST. PAUL PLANTERS 288.50 337 of 312 CITY OF EVANSTON BILLS LIST PERIOD ENDING 06.23.2015 65005 LURVEY LANDSCAPE SUPPLY LANDSCAPING -ARBOR DAY TREES 799.00 65005 LURVEY LANDSCAPE SUPPLY LANDSCAPING -BENT PARK 242.75 65005 LURVEY LANDSCAPE SUPPLY LANDSCAPING -CIVIC CENTER 537.90 65005 LURVEY LANDSCAPE SUPPLY LANDSCAPING-EARTHDAY 327.80 65005 MIDWEST GROUNDCOVERS DAWES LAGOON PERENNIALS 1,199.00 65005 MIDWEST GROUNDCOVERS PERENNIALS 927.80 65015 CONSERV FS LOVELACE PARK LAGOON 297.20 65055 LURVEY LANDSCAPE SUPPLY LOVELACE PARK PEA GRAVEL 17.85 65055 DES PLAINES MATERIAL & SUPPLY LLC TOPSOIL 229.50 65055 CONTINENTAL RESEARCH CORP.LOVELACE PARK LAGOON 921.79 65070 RUSSO POWER EQUIPMENT FUEL CAP 8.28 65070 RUSSO POWER EQUIPMENT GUIDE BAR 39.22 65070 KIMBALL MIDWEST WASHER SCREW 61.67 65070 APC STORES, INC., DBA BUMPER TO BUMPER ENGINE OIL 795.09 65085 RUSSO POWER EQUIPMENT PRUNING SAW 66.99 65085 RUSSO POWER EQUIPMENT TOOLS/EQUIPMENT 754.94 65090 CINTAS FIRST AID & SUPPLY FIRST AID- SERVICE CENTER 78.90 65090 CINTAS FIRST AID & SUPPLY FIRST AID-SUPPLIES 247.95 65090 CINTAS FIRST AID & SUPPLY SERVICE CENTER FIRST AID SUPPLIES 92.35 65625 RUSSO POWER EQUIPMENT HANDHELD BLOWER 279.99 65625 LIFE FITNESS WORKOUT EQUIPMENT FOR SERVICE CENTER WORKOUT AREA 5,248.00 2655 PARKS & FORESTRY MAINT. & OPER. Total 45,947.53 2665 STREETS AND SANITATION ADMINIS 64540 VERIZON WIRELESS COMMUNICATION CHARGES 380.10 65095 SAM'S CLUB DIRECT *SUPPLIES-SNACKS 113.19 2665 STREETS AND SANITATION ADMINIS Total 493.29 2670 STREET AND ALLEY MAINTENANCE 62415 SHRED ALL RECYCLING SYSTEMS INC TIRE RECYCLING 360.10 62415 KLF TRUCKING 2015 DEBRIS REMOVAL 1,050.00 65115 ARTS & LETTERS LTD.TEMP. NO PARKING SIGNS 845.00 2670 STREET AND ALLEY MAINTENANCE Total 2,255.10 2677 FACILITIES 62225 ANDERSON PEST CONTROL PEST CONTROL 464.20 62225 DUSTCATCHERS, INC.FLOOR MAT SERVICE 189.00 65040 WAREHOUSE DIRECT INC.JANITORIAL SUPPLIES 2,322.38 65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 213.04 65090 CINTAS CORPORATION #2 FIRST AID SUPPLIES 99.02 2677 FACILITIES Total 3,287.64 3005 REC. MGMT. & GENERAL SUPPORT 62490 SERVICE SANITATION INC RENTAL OF PORTABLE TOILET 376.00 3005 REC. MGMT. & GENERAL SUPPORT Total 376.00 3020 REC GENERAL SUPPORT 62210 ACTION PRINTING PRINTING OF EVANSTON LIFE MAGAZINE 12,999.69 65110 SAM'S CLUB DIRECT *SUPPLIES-SNACKS 129.81 65125 VERIZON WIRELESS COMMUNICATION CHARGES 418.11 3020 REC GENERAL SUPPORT Total 13,547.61 3030 CROWN COMMUNITY CENTER 64015 NICOR UTILITIES 100.32 65025 SAM'S CLUB DIRECT *SUPPLIES-SNACKS 398.56 65095 ALLEGRA PRINT & IMAGING BUSINESS CARDS 98.44 65110 SAM'S CLUB DIRECT *SUPPLIES-CLASSROOM 34.94 65110 SAM'S CLUB DIRECT *SUPPLIES-CLEANING 87.70 65110 SAM'S CLUB DIRECT *SUPPLIES-LUNCHROOM 113.26 65110 SAM'S CLUB DIRECT *SUPPLIES-SNACKS 56.19 3030 CROWN COMMUNITY CENTER Total 889.41 3035 CHANDLER COMMUNITY CENTER 62505 EVP ACADEMIES, LLC YOUTH VOLLEYBALL PROGRAM INSTRUCTION 3,187.50 3035 CHANDLER COMMUNITY CENTER Total 3,187.50 3040 FLEETWOOD JOURDAIN COM CT 62210 GENERATION COPY INC PRINTING OF COUNSELOR TRAINING PACKET 18.20 62210 QUARTET COPIES POSTERS FOR SAMMY DAVIS JR PRODUCTION 163.75 62495 ANDERSON PEST CONTROL PEST CONTROL MAINTENANCE 41.00 62495 ANDERSON PEST CONTROL PEST CONTROL MAINTENANCE 41.00 62511 KEVIN SPARKMON SECURITY GUARD 135.00 64015 NICOR UTILITIES 240.28 65025 CATHOLIC CHARITIES OF CHICAGO SENIOR LUNCH PROGRAM AT FJCC 534.00 65110 COMCAST CABLE COMMUNICATION CHARGES 105.02 65110 HOME CITY ICE COMPANY ICE DELIVERY 327.00 3040 FLEETWOOD JOURDAIN COM CT Total 1,605.25 438 of 312 CITY OF EVANSTON BILLS LIST PERIOD ENDING 06.23.2015 3045 FLEETWOOD/JOURDAIN THEATR 62490 MORAN, MICHAEL DESIGN & REPAIR SOUND EQUIPMENT 400.00 62490 MATTHEW JACOB NADLER STAGE MANAGE REHEARSALS AND PERFORMANCES 400.00 62490 JARED GOODING RESIDENT LIGHTING DESIGNER 500.00 62511 HOFFMAN, ELIZABETH DESIGN, PURCHASE ALTER AND MAINTAIN COSTUME FOR THEATRE 125.00 62511 ROBERT SIMMONS MUSICAL ENTERTAINMENT- SENIOR EVENT 150.00 62511 ROBERT SIMMONS MUSICAL ENTERTAINMENT-JUNETEENTH EVENT 150.00 3045 FLEETWOOD/JOURDAIN THEATR Total 1,725.00 3050 RECREATION OUTREACH PROGRAM 62210 GENERATION COPY INC FLYERS FOR SFP 2015 FOR DISTRIBUTION 332.00 62210 GENERATION COPY INC FLYERS AND POSTERS MADE FOR MUSE OF FIRE 280.00 62210 GENERATION COPY INC SCRIPTS MADE FOR MUSE OF FIRE 73.00 62210 QUARTET COPIES BREAKFAST MENUS FOR 2015 SUMMER FOOD PROGRAM 228.00 62210 QUARTET COPIES LUNCH MENUS FOR 2015 SUMMER FOOD PROGRAM 498.00 62490 ANDERSON PEST CONTROL PEST CONTROL MAINTENANCE 43.00 62490 PAYNE, CHUBBY PEST CONTROL MAINTENANCE 400.00 62495 ANDERSON PEST CONTROL PEST CONTROL MAINTENANCE 33.33 62505 TOBIN, CHRISTOPHER TEACHER FOR BASKETBALL AND PHYSICAL FITNESS 800.00 65110 HOME CITY ICE COMPANY ICE DELIVERY 319.00 3050 RECREATION OUTREACH PROGRAM Total 3,006.33 3055 LEVY CENTER SENIOR SERVICES 61062 KEVIN SPARKMON SECURITY GUARD 255.00 62210 ALLEGRA PRINT & IMAGING BI-MONTHLY LEVY NEWSLETTER PRINTING 589.00 62245 KRANZ, INC.CLARKE MACHINE SERVICING 263.90 62245 OLYMPIC SIGNS INC.REPAIR FOR DIGITAL SCROLLING MARQUEE 232.64 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL-LEVY 44.94 62509 EQUIPMENT DEPOT OF ILLINOIS ANNUAL INSPECTION ON GAME LIFT 310.57 62509 HENRICHSEN FIRE & SAFETY ANNUAL MAINTENANCE OF FIRE EXTINGUISHERS 154.30 62511 COMCAST CABLE COMMUNICATION CHARGES 136.60 65025 SAM'S CLUB DIRECT *SUPPLIES-KITCHEN 258.87 65095 ALLEGRA PRINT & IMAGING BUSINESS CARDS 196.88 65095 OFFICE DEPOT OFFICE SUPPLIES 54.31 65095 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 65110 MOBILE MINI, INC.MONTHLY STORAGE POD RENTAL 111.58 65110 CINTAS CORPORATION #769 DEEP CLEAN OF RESTROOM FLOOR-LEVY 1,405.60 3055 LEVY CENTER SENIOR SERVICES Total 4,052.20 3065 BOAT RAMP-CHURCH ST 65050 GATWOOD CRANE SERVICE,INC BOAT RAMP, CRANE RENTAL & DOCK INSTALLATION 2,900.00 3065 BOAT RAMP-CHURCH ST Total 2,900.00 3080 BEACHES 65020 WATER SAFETY PRODUCTS INC LIFEGUARD SWIM SUITS 2,289.00 65040 SUPERIOR INDUSTRIAL SUPPLY CLEANING SUPPLIES 411.60 65045 ANDERSON PEST CONTROL PEST CONTROL MAINTENANCE 43.00 3080 BEACHES Total 2,743.60 3095 CROWN ICE RINK 62245 FOX VALLEY FIRE & SAFETY SMOKE DETECTOR SERVICE 510.00 62245 JORSON & CARLSON ICE SCRAPER KNIVES CLEANED AND HONED 32.97 62251 CLARK, ELIZABETH MAIN RINK SPEAKER REPAIR 1,000.00 62375 JEAN'S GREENS, INC.PLANT SERVICE FOR MAY 2015 100.00 62495 ANDERSON PEST CONTROL PEST CONTROL MAINTENANCE 79.00 62508 LEVI, SHANNON SCOREKEEPER FOR ADULT BROOMBALL 4/26/15 15.00 62508 LAPPING, RENEE SCOREKEEPER FOR ADULT BROOMBALL 3/15 & 5/17 105.00 64015 NICOR UTILITIES 300.95 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 62.67 65095 OFFICE DEPOT OFFICE SUPPLIES 106.86 65110 SCS PRODUCTIONS ICE SHOW LIGHTING 4,700.00 3095 CROWN ICE RINK Total 7,012.45 3100 SPORTS LEAGUES 62508 MANISCALC0, ANTHONY GAME UMPIRED 350.00 62508 KIRK VIDAS GAME UMPIRED 315.00 62508 MORRIS SCHWARTZ GAME UMPIRED 339.00 62508 GIBSON, TIMOTHY GAME UMPIRED 105.00 62508 FRANKLIN, STEVE GAME UMPIRED 315.00 62508 WAGNER, DAVID GAME UMPIRED 210.00 65110 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 50.00 65110 D & L AWNING CLEANING LAWN CLEANING 485.00 3100 SPORTS LEAGUES Total 2,169.00 3130 SPECIAL RECREATION 65025 SAM'S CLUB DIRECT *SUPPLIES 133.16 3130 SPECIAL RECREATION Total 133.16 539 of 312 CITY OF EVANSTON BILLS LIST PERIOD ENDING 06.23.2015 3215 YOUTH ENGAGEMENT DIVISION 62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS 49.22 3215 YOUTH ENGAGEMENT DIVISION Total 49.22 3605 ECOLOGY CENTER 62490 KEVIN SPARKMON SECURITY GUARD 150.00 62495 ANDERSON PEST CONTROL PEST CONTROL MAINTENANCE 64.97 62495 ANDERSON PEST CONTROL PEST CONTROL MAINTENANCE 44.00 62518 ALARM DETECTION SYSTEMS, INC.QUARTERLY ALARM SERVICE 126.27 3605 ECOLOGY CENTER Total 385.24 3610 ECO-QUEST DAY CAMP 65095 ALLEGRA PRINT & IMAGING BUSINESS CARDS 98.46 3610 ECO-QUEST DAY CAMP Total 98.46 3710 NOYES CULTURAL ARTS CENTER 62205 ALLEGRA PRINT & IMAGING THEATRE BANNERS 469.00 62425 LIFTOMATIC ELEVATOR, INC ANNUAL MAINTENANCE FOR ELEVATOR 1,800.00 64015 NICOR UTILITIES 296.99 3710 NOYES CULTURAL ARTS CENTER Total 2,565.99 3720 CULTURAL ARTS PROGRAMS 62210 ALLEGRA PRINT & IMAGING STARLIGHT CONCERT RAIN SITE 288.00 62490 BONNIE J. KATZ JUROR FOR 2015 LAKESHORE ARTS FESTIVAL 75.00 62509 DAYNA CALDERON ETHNIC ENTERTAINMENT 2,500.00 62509 TRAVIS WHITLOCK STAGE MANAGER FOR ETHNIC FESTIVAL 350.00 62509 JAN ELLENSTEIN ARTS COORDINATOR FOR ETHNIC FESTIVAL 1,000.00 62509 PHILIP BATTAGLIA SITE LAYOUT FOR FESTIVALS 300.00 62509 CHARLES STEWART, JR.SITE LAYOUT FOR FESTIVALS 300.00 62511 SOUL CREATIONS PERFORMING ARTIST FOR 2015 ETHNIC FESTIVAL 500.00 62511 KINOBE, HERBERT ETHNIC ENTERTAINMENT 2,000.00 62511 LAMARCHA TOURING, LLC ETHNIC ENTERTAINMENT 2,500.00 62511 SARASWATHI RANGANATHAN ETHNIC ENTERTAINMENT 1,500.00 62511 VALERIE COX PRODUCTIONS ETHNIC ENTERTAINMENT 2,500.00 62511 RHYTHM REVOLUTION PERFORMING ARTIST FOR 2015 ETHNIC FESTIVAL 500.00 62511 PACIFIC SOUNDZ PRODUCTIONS PERFORMING ARTIST FOR 2015 ETHNIC FESTIVAL 500.00 62511 ASSOC. FOR THE ADVANCEMENT CREATIVE MUSICIANS ETHNIC ENTERTAINMENT 2,050.00 62511 MAXWELL, DERRICK R.PERFORMING ARTIST FOR STARLIGHT CONCERT 1,000.00 62511 R - GANG PERFORMING ARTIST FOR STARLIGHT CONCERT 1,200.00 62511 CHICAGO MARIACHI PROJECT PERFORMING ARTIST FOR 2015 ETHNIC FESTIVAL 300.00 62511 BEARMAN, SETH PERFORMING ARTIST FOR STARLIGHT CONCERT 200.00 62511 COMPANY OF FOLK PERFORMING ARTIST FOR 2015 ETHNIC FESTIVAL 900.00 62511 LINDA GORHAM ETHNIC FESTIVAL STORYTELLER 800.00 62511 MALGORZATA BABIARZ PERFORMING ARTIST FOR 2015 ETHNIC FESTIVAL 750.00 62511 MANINDERPAL SINGH PERFORMING ARTIST FOR 2015 ETHNIC FESTIVAL 500.00 62511 SHANNON LAMBERT-RYAN ETHNIC ENTERTAINMENT 2,300.00 3720 CULTURAL ARTS PROGRAMS Total 24,813.00 3806 CIVIC CENTER SERVICES 64005 COMED UTILITIES 138.07 64015 NICOR UTILITIES 494.78 3806 CIVIC CENTER SERVICES Total 632.85 100 GENERAL FUND Total 217,581.05 176 HEALTH AND HUMAN SERVICES 4651 HEALTH & HUMAN SERVICES 67006 MT. PISGAH MINISTRY *OPERATION OF THE WEST END ETHNIC MARKET 5,000.00 4651 HEALTH & HUMAN SERVICES Total 5,000.00 176 HEALTH AND HUMAN SERVICES Total 5,000.00 200 MOTOR FUEL TAX FUND 5100 MOTOR FUEL TAX - ADMINISTRATION 415855 65515 A LAMP CONCRETE CONTRACTORS, INC.2015 MFT STREET RESURFACING BID 15-14 174,044.34 5100 MOTOR FUEL TAX - ADMINISTRATION Total 174,044.34 200 MOTOR FUEL TAX FUND Total 174,044.34 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTM 62509 MOTOROLA, INC.POLICE SERVICE AGREEMENT RENEWAL 19,273.23 62509 LOGICALIS, INC.IBM EMERGENCY SERVICES CAD SOFTWARE SUPPORT 4,631.71 64505 AT & T COMMUNICATION CHARGES 5,467.74 640 of 312 CITY OF EVANSTON BILLS LIST PERIOD ENDING 06.23.2015 64505 AT & T COMMUNICATION CHARGES 562.95 64540 VERIZON WIRELESS COMMUNICATION CHARGES 3,154.87 65625 CHICAGO COMMUNICATIONS, LLC.TONE ALERT SPEAKERS 1,160.00 5150 EMERGENCY TELEPHONE SYSTM Total 34,250.50 205 EMERGENCY TELEPHONE (E911) FUND Total 34,250.50 215 CDBG FUND 5203 HANDYMAN 63095 GOSS & ASSOCIATES, INC.HANDYMAN PROGRAM 2,069.90 5203 HANDYMAN Total 2,069.90 5275 PUBLIC FACILITIES 62890 INFANT WELFARE SOCIETY SAFETY IMPROVEMENTS TO PLAYGROUND 3,726.00 5275 PUBLIC FACILITIES Total 3,726.00 215 CDBG FUND Total 5,795.90 225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 62659 CHICAGO'S NORTH SHORE CONVENTION ANNUAL PAYMENT FY2016, 7.1.15-6.30.16 65,563.62 5300 ECON. DEVELOPMENT FUND Total 65,563.62 225 ECONOMIC DEVELOPMENT FUND Total 65,563.62 240 HOME FUND 5430 HOME FUND 65535 CONNECTIONS FOR THE HOMELESS 2015 TBRA PROGRAM 16,371.04 5430 HOME FUND Total 16,371.04 240 HOME FUND Total 16,371.04 300 WASHINGTON NATIONAL TIF FUND 5476 CAPITAL PROJ.-WASHINGTON TIF 65515 INSITUFORM TECHNOLOGIES 2014 CIPP CONTRACT B (14-43)91,398.60 5476 CAPITAL PROJ.-WASHINGTON TIF Total 91,398.60 300 WASHINGTON NATIONAL TIF FUND Total 91,398.60 310 HOWARD-HARTREY TIF 5500 HOWARD-HARTREY TIF DEBT SRVCE 62605 AUTOBARN MOTORS, LTD.222 HARTREY AVENUE REHAB WORK REIMBURSEMENT 336,627.40 5500 HOWARD-HARTREY TIF DEBT SRVCE Total 336,627.40 310 HOWARD-HARTREY TIF Total 336,627.40 320 DEBT SERVICE FUND 5705 2006 BONDS 62350 WELLS FARGO BANK G.O. SERIES 2006 250.00 5705 2006 BONDS Total 250.00 5711 2010 A BONDS 62350 WELLS FARGO BANK G.O. SERIES 2010A 250.00 5711 2010 A BONDS Total 250.00 5712 2010 B BONDS 62350 WELLS FARGO BANK G.O. SERIES 2010B 250.00 5712 2010 B BONDS Total 250.00 320 DEBT SERVICE FUND Total 750.00 330 HOWARD-RIDGE TIF FUND 5860 HOWARD RIDGE TIF 64015 NICOR UTILITIES 455.97 65511 O'HARA CONSTRUCTION *REPAIR WORK TO 623 HOWARD ST.2,012.00 65511 PECKISH ONE, LLC DBA PECKISH PIG *REPAIR WORK TO 623 HOWARD ST.2,500.00 5860 HOWARD RIDGE TIF Total 4,967.97 330 HOWARD-RIDGE TIF FUND Total 4,967.97 741 of 312 CITY OF EVANSTON BILLS LIST PERIOD ENDING 06.23.2015 415 CAPITAL IMPROVEMENTS FUND 4150 CAPITAL PROJECTS 416127 62145 SMITHGROUPJJR, INC.RFP 14-37, CHURCH STREET BOAT RAMP 254.94 415959 62145 CHRISTOPHER B. BURKE ENGINEERING, LTD.SHERIDAN RD/CHICAGO AVE PHASE I & II ENGINEERING SERVICES 15,777.72 415864 65515 SCHROEDER & SCHROEDER INC 2014 50/50 SIDEWALK PROGRAM-BID #14-30 90,190.65 65515 JACK WEISS PUBLIC ART INSTALLATION 7,500.00 415855 65515 A LAMP CONCRETE CONTRACTORS, INC.WATER REPLACEMENT & STREET RESURFACING 227,065.68 415942 65515 ESI CONSULTANTS, LTD EMERSON/RIDGE/GREENBAY PHASE II SERVICES 12,273.36 415942 65515 ESI CONSULTANTS, LTD EMERSON/RIDGE/GREENBAY PHASE I SERVICES 5,183.95 65515 VALUE REMODELING INC REPAIR AND PAINT TO CIVIC CENTER, 2ND FLOOR 6,440.00 65515 ALFRED BENESCH & COMPANY BRIDGE STREET BRIDGE 2,100.57 4150 CAPITAL PROJECTS Total 366,786.87 415 CAPITAL IMPROVEMENTS FUND Total 366,786.87 420 SPECIAL ASSESSMENT FUND 6365 SPECIAL ASSESSMENT 65515 COOK COUNTY RECORDER OF DEEDS RECORDINGS 40.00 65515 SCHROEDER & SCHROEDER INC 2014 ALLEY PAVING PROJECT BID 14-56 82,786.55 6365 SPECIAL ASSESSMENT Total 82,826.55 420 SPECIAL ASSESSMENT FUND Total 82,826.55 505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 547606 65515 URBAN WORKS COMPREHENSIVE SIGNAGE DESIGN PROGRAM 9,299.40 68205 VERIZON WIRELESS COMMUNICATION CHARGES 76.22 7005 PARKING SYSTEM MGT Total 9,375.62 7015 PARKING LOTS & METERS 65070 DUNCAN PARKING TECHNOLOGIES, INC.MONTHLY FEE PER PARKING METER 12,586.00 65070 PASSPORT PARKING, INC MONTHLY MOBIL PAY FEE APRIL 2015 3,757.25 65070 TOTAL PARKING SOLUTIONS, INC.RECEIPT PAPER FOR PARKING TERMINALS 643.00 7015 PARKING LOTS & METERS Total 16,986.25 7025 CHURCH STREET GARAGE 53515 ROBERTS, DON ACCESS CARD DEPOSIT REFUND - CHURCH ST SELF PARK # 1267 25.00 53515 CONNOR, ALEX ACCESS CARD DEPOSIT REFUND - CHURCH ST SELF PARK # 987 25.00 53515 BAUTISTA, ADRIAN ACCESS CARD DEPOSIT REFUND - CHURCH ST SELF PARK # 1191 25.00 62509 REVCON TECHNOLOGIES, INC.OPERATING COSTS JULY 2015 - GARAGE MONITORING SYSTEM 1,590.00 7025 CHURCH STREET GARAGE Total 1,665.00 7036 SHERMAN GARAGE 53515 DAMIAN, MAYRA ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 3191 25.00 53515 STRENING, PATRICIA ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 861 25.00 53515 NEFF, NANCY ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 2755 25.00 53515 CAO, HONGMEI ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 2857 25.00 53515 TEMKIN, MIRA ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 1349 25.00 53515 HANOLD, KILE ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 2032 25.00 53515 GEORGE, JOSEPH ACCESS CARD DEPOSIT REFUND - SHERMAN AVE SELF PARK # 1891 25.00 62509 REVCON TECHNOLOGIES, INC.OPERATING COSTS JULY 2015 - GARAGE MONITORING SYSTEM 4,506.00 64505 AT & T COMMUNICATION CHARGES 145.39 7036 SHERMAN GARAGE Total 4,826.39 7037 MAPLE GARAGE 53515 VENKATESAN, PRATHAP ACCESS CARD DEPOSIT REFUND - MAPLE ST SELF PARK # 3334 25.00 53515 TOWERS, LISA ACCESS CARD DEPOSIT REFUND - MAPLE ST SELF PARK # 3232 25.00 53515 DIMITROV, PLAMEN ACCESS CARD DEPOSIT REFUND - MAPLE ST SELF PARK # 3004 25.00 53515 KRISHNARAJ SURESH KURUP ACCESS CARD DEPOSIT REFUND - MAPLE ST SELF PARK # 3119 25.00 53515 SHIN, HENRY ACCESS CARD DEPOSIT REFUND - MAPLE ST SELF PARK # 3422 25.00 62509 REVCON TECHNOLOGIES, INC.OPERATING COSTS JULY 2015 - GARAGE MONITORING SYSTEM 3,021.60 64015 NICOR UTILITIES 84.09 7037 MAPLE GARAGE Total 3,230.69 505 PARKING SYSTEM FUND Total 36,083.95 510 WATER FUND 7100 WATER GENERAL SUPPORT 62210 EVANSTON BLUE PRINT CO., INC.SCANS OF KIDS WATER TOUR ARTWORK 18.00 62295 REHG, KRISTIN REIMBURSEMENT- APWA CHICAGO EXPO 27.75 62295 REHG, KRISTIN REIMBURSEMENT- STORM WATER WORKSHOPS 40.52 62315 FEDERAL EXPRESS CORP.OVERNIGHT MAIL 16.51 64505 BYTRONICS, INC., BASIN TECH CENTRE MONTHLY SUPPORT FOR DIG TACK TICKETS 190.80 65095 OFFICE DEPOT FY 2015 OFFICE SUPPLIES 161.63 7100 WATER GENERAL SUPPORT Total 455.21 842 of 312 CITY OF EVANSTON BILLS LIST PERIOD ENDING 06.23.2015 7105 PUMPING 64015 NICOR UTILITIES 1,014.63 64540 VERIZON WIRELESS COMMUNICATION CHARGES 76.02 7105 PUMPING Total 1,090.65 7110 FILTRATION 62465 EUROFINS EATON ANALYTICAL FY 2015 LABORATORY TESTING-ROUTINE COMPLIANCE 50.00 64540 VERIZON WIRELESS COMMUNICATION CHARGES 76.02 7110 FILTRATION Total 126.02 7115 DISTRIBUTION 64540 VERIZON WIRELESS COMMUNICATION CHARGES 11.42 7115 DISTRIBUTION Total 11.42 7131 CAPITAL IMPROVEMENTS 415185 65515 CHRISTOPHER B. BURKE ENGINEERING, LTD.SHERIDAN RD/CHICAGO AVE PHASE I & II ENGINEERING SERVICES 47,358.53 7131 CAPITAL IMPROVEMENTS Total 47,358.53 510 WATER FUND Total 49,041.83 513 WATER DEPR IMPRV & EXTENSION FUND 7330 WATER FUND DEP, IMP, EXT 733074 62145 CAROLLO ENGINEERS, INC WATER PLANT INTAKE IMPR ENGR SVS (12-113)10,213.36 733092 62145 TANK INDUSTRY CONSULTANTS ENGINEERING SERVICES-STANDPIPE PAINTING (RFP 13-61)14,090.65 733086 65515 A LAMP CONCRETE CONTRACTORS, INC.WATER REPLACEMENT & STREET RESURFACING 278,198.50 7330 WATER FUND DEP, IMP, EXT Total 302,502.51 513 WATER DEPR IMPRV & EXTENSION Total 302,502.51 515 SEWER FUND 7400 SEWER MAINTENANCE 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 7400 SEWER MAINTENANCE Total 38.01 7420 SEWER IMPROVEMENTS 62461 INSITUFORM TECHNOLOGIES 2014 CIPP CONTRACT B (14-43)142,146.00 742515 65515 INSITUFORM TECHNOLOGIES 14-46 LARGE DIAMETER SEWER REHABILITATION - CLEVELAND STREET 185,632.65 415855 65515 A LAMP CONCRETE CONTRACTORS, INC.WATER REPLACEMENT & STREET RESURFACING 40,957.52 7420 SEWER IMPROVEMENTS Total 368,736.17 515 SEWER FUND Total 368,774.18 520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 62390 LAKESHORE WASTE SERVICES, LLC FY2015 CONDOMINIUM REFUSE COLLECTION 34,000.00 65625 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 7685 REFUSE COLLECT & DISPOSAL Total 34,038.01 7690 RESIDENTIAL RECYCLING COL 62415 GROOT RECYCLING & WASTE SERVICES RESIDENTIAL YARD WASTE FY2015 76,630.00 7690 RESIDENTIAL RECYCLING COL Total 76,630.00 7695 YARD WASTE COLLECTION 62415 GROOT RECYCLING & WASTE SERVICES FY2015 RESIDENTIAL REFUSE COLLECTION 140,905.00 7695 YARD WASTE COLLECTION Total 140,905.00 520 SOLID WASTE FUND Total 251,573.01 600 FLEET SERVICES FUND 7705 GENERAL SUPPORT 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 7705 GENERAL SUPPORT Total 38.01 7710 MAJOR MAINTENANCE 62355 CINTAS #22 WEEKLY UNIFORM SERVICE 300.94 62355 CINTAS CORPORATION #769 WEEKLY MAT SERVICE 601.57 65015 1ST AYD CORPORATION 30 GALLON DEGREASER 1,083.50 65015 CERTIFIED LABORATORIES CHEMICALS AND LUBE FOR EQUIPMENT 2,004.45 65035 CITY WELDING SALES & SERVICE INC.WELDING GASES 129.45 65050 CHICAGO CRANE & HOIST CO ANNUAL CRANE INSPECTION & MINOR REPAIRS 1,582.00 65060 CUMBERLAND SERVICENTER #716 HEATER CONTROL CABLE 32.35 65060 CUMBERLAND SERVICENTER #722 DOOR GLASS 190.50 65060 CUMBERLAND SERVICENTER COOLANT SENSOR 54.84 65060 CUMMINS N POWER, LLC.AIR COMPRESSOR 1,397.50 65060 CUMMINS N POWER, LLC.DIAGNOSTIC TOOL 406.44 943 of 312 CITY OF EVANSTON BILLS LIST PERIOD ENDING 06.23.2015 65060 CUMMINS N POWER, LLC.GASKET CONNECTION 54.21 65060 DOUGLAS TRUCK PARTS MAP LIGHTS 277.04 65060 GROVER WELDING COMPANY #533 WELD REPAIRS 547.91 65060 GROVER WELDING COMPANY #720 HOPPER WILD REPAIRS 734.50 65060 GROVER WELDING COMPANY #317 CONTROL HEAD 278.85 65060 HAVEY COMMUNICATIONS INC.TM-4 SIREN/SWITCHING SYSTEM 218.85 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO #641 BATTERY 63.80 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO 10 BATTERIES 814.61 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO 2 BATTERIES 174.64 65060 LEACH ENTERPRISES, INC.#325 DESICCANT CARTRIDGE PUREST 250.22 65060 LEACH ENTERPRISES, INC.#583 HUB CAP 86.36 65060 LEACH ENTERPRISES, INC.CLEVIS ASSY 5/8 SAE 1/2 PIN 63.30 65060 LEACH ENTERPRISES, INC.HUB CAP 5 1/2 BC 6 HOLE 86.36 65060 LEACH ENTERPRISES, INC.OIL HUBCAP 51.26 65060 MCMASTER CARR CLAMPS 30.35 65060 MONROE TRUCK EQUIPMENT GAUGE, SIGHT 42.20 65060 NORTH SHORE TOWING #733 TOW TO GOLF MILL FORD 125.00 65060 NORTH SHORE TOWING #932 TOW TO SHOP 290.00 65060 STANDARD EQUIPMENT COMPANY TRUCK #716 REPAIRS 4,518.01 65060 WESTMONT AUTO PARTS LIGHTING 64.92 65060 UNITED PARCEL SERVICE SHIPPING 13.97 65060 VERMEER MIDWEST OIL PRESSURE SWITCH 31.70 65060 WHOLESALE DIRECT INC LIGHTING 390.43 65060 WHOLESALE DIRECT INC LIGHTING EQUIPMENT 45.90 65060 WEST SIDE EXCHANGE #659 JIB BOOM HOOK 788.00 65060 WEST SIDE EXCHANGE RETURNED PART - PIN (333.81) 65060 INLAND POWER GROUP 6 FUEL/AIR FILTERS 299.55 65060 P & G KEENE ELECTRICAL #504 REBUILT ALTERNATOR 172.00 65060 GLOBAL EMERGENCY PRODUCTS, INC.#323 SUSPENSION REPAIRS EFD 5,588.92 65060 BILL'S AUTO & TRUCK REPAIR #451 A/C REPAIRS 639.29 65060 CARQUEST EVANSTON #20 BRAKE JOB 367.84 65060 CARQUEST EVANSTON #207 BRAKE PADS/ROTORS 101.62 65060 CARQUEST EVANSTON #207 BRAKE PARTS 334.10 65060 CARQUEST EVANSTON #253 STATE 143.03 65060 CARQUEST EVANSTON #532 NATER PUMP 153.93 65060 CARQUEST EVANSTON #67 REMAN ALTERNATOR 161.35 65060 CARQUEST EVANSTON #764 BRAKE PADS/ROTORS 95.86 65060 CARQUEST EVANSTON #79 PCV VALVE 79.15 65060 CARQUEST EVANSTON #932 REMAN ALTERNATOR 127.75 65060 CARQUEST EVANSTON 50 MINI BULBS 27.50 65060 CARQUEST EVANSTON AUTO BATTERY 89.29 65060 CARQUEST EVANSTON AUTOMOTIVE PARTS 34.31 65060 CARQUEST EVANSTON BLUE ANTI FREEZE 18.91 65060 CARQUEST EVANSTON BLUE PAINT 5.50 65060 CARQUEST EVANSTON BRAKE MASTER CYLINDER 91.62 65060 CARQUEST EVANSTON BRAKE ROTOR 104.02 65060 CARQUEST EVANSTON BULB & MASTER CYLINDER 115.92 65060 CARQUEST EVANSTON CLAMP 21.80 65060 CARQUEST EVANSTON HOSE CUTTING BLADE 242.00 65060 CARQUEST EVANSTON HYDRAULIC FITTING 77.76 65060 CARQUEST EVANSTON HYDRAULIC FITTING 33.31 65060 CARQUEST EVANSTON RETURNED PART- BRAKE MASTER (91.62) 65060 CARQUEST EVANSTON SAE 30 MOTOR OIL 47.40 65060 CARQUEST EVANSTON THERMOSTAT GASKET 4.71 65060 CARQUEST EVANSTON VALVE STEMS 82.50 65060 GOLF MILL FORD #764 TRANS DIP STICK 32.71 65060 GOLF MILL FORD RELAY SWITCH 32.46 65060 R.N.O.W., INC.#720 TAIL SEAL ASSY 893.76 65060 CHICAGO PARTS & SOUND, LLC BRAKE PARTS 574.68 65060 CHICAGO PARTS & SOUND, LLC FILTERS 306.96 65060 CHICAGO PARTS & SOUND, LLC RETURNED PART- BRAKE LINING (411.32) 65060 ADVANCED PROCLEAN INC.POWER WASHING 1,873.60 65060 APC STORES, INC., DBA BUMPER TO BUMPER #504 MASTER CYLINDER 90.99 65060 APC STORES, INC., DBA BUMPER TO BUMPER #641 BELT TRANS DRIVE 9.29 65060 APC STORES, INC., DBA BUMPER TO BUMPER #641 OIL FILTER 6.11 65060 APC STORES, INC., DBA BUMPER TO BUMPER AIR FILTER 54.51 65060 APC STORES, INC., DBA BUMPER TO BUMPER CABIN AIR FILTER 63.48 65060 APC STORES, INC., DBA BUMPER TO BUMPER COUPLER 43.58 65060 APC STORES, INC., DBA BUMPER TO BUMPER MICRO-V BELTS 86.88 65060 APC STORES, INC., DBA BUMPER TO BUMPER OIL FILTER 5.03 65060 APC STORES, INC., DBA BUMPER TO BUMPER RADIATOR CAP 22.16 65060 APC STORES, INC., DBA BUMPER TO BUMPER RED BAR LAMP 44.58 65060 APC STORES, INC., DBA BUMPER TO BUMPER RETURNED PART- RADIATOR CAP (12.98) 65060 APC STORES, INC., DBA BUMPER TO BUMPER RETURN-IMP POWER STEERING (50.00) 65060 APC STORES, INC., DBA BUMPER TO BUMPER SPRAY UNDERCOAT 32.97 65060 APC STORES, INC., DBA BUMPER TO BUMPER SUPER HC V BELT 91.71 65060 APC STORES, INC., DBA BUMPER TO BUMPER TRANS FLUID 30.45 65060 MILLER HYDRAULIC SERVICE, INC.HYDRAULIC CYLINDER REPAIRS #584 1,655.16 65065 WENTWORTH TIRE SERVICE 10 NEW TIRES 743.55 65065 WENTWORTH TIRE SERVICE 3 NEW TIRES 354.90 1044 of 312 CITY OF EVANSTON BILLS LIST PERIOD ENDING 06.23.2015 65065 WENTWORTH TIRE SERVICE FLAT REPAIR 138.00 65065 WENTWORTH TIRE SERVICE TIRE REPAIR 165.00 65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 132.31 7710 MAJOR MAINTENANCE Total 33,671.97 600 FLEET SERVICES FUND Total 33,709.98 605 INSURANCE FUND 7801 EMPLOYEE BENEFITS 57230 RANSOM, SAM OVERPAYMENT RETIREE INSURANCE 591.71 66050 HSA BANK, A DIVISION OF WEBSTER BANK N.A INSURANCE-MONTHLY INVOICE-HSA BANK 19.25 7801 EMPLOYEE BENEFITS Total 610.96 605 INSURANCE FUND Total 610.96 700 FIRE PENSION FUND 8000 FIREFIGHTERS' PENSION 61755 DAUGHERTY, DERON K *ANNUAL CERTIFICATION MAILING 142.10 61755 ILLINOIS STATE TREASURER *PUBLIC PENSION FUND FEE 2016 8,000.00 8000 FIREFIGHTERS' PENSION Total 8,142.10 700 FIRE PENSION FUND Total 8,142.10 Grand Total 2,452,402.36 1145 of 312 CITY OF EVANSTON BILLS LIST PERIOD ENDING 06.23.2015 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT HOME 5430.65535 EVANSTON SENIOR REDEVELOPMT EVANSTON SENIOR REDEVELOPMT 60,000.00 60,000.00 INSURANCE VARIOUS VARIOUS WORKERS COMP 7,383.64 VARIOUS VARIOUS CASUALTY LOSS 1,185.03 VARIOUS VARIOUS CASUALTY LOSS 73,149.08 VARIOUS VARIOUS WORKERS COMP 2,524.71 84,242.46 SEWER 7610.68305 IEPA LOAN DISBURSEMENT SEWER FUND 90,535.08 7570.68305 IEPA LOAN DISBURSEMENT SEWER FUND 272,601.03 363,136.11 507,378.57 Grand Total 2,959,780.93 PREPARED BY DATE APPROVED BY DATE 1246 of 312 For City Council meeting of June 22, 2015 Item A3.1 Business of the City by Motion: Water Plant Reliability Improvements 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 Water Treatment Plant Reliability Improvements (RFP 15-27) Date: June 11, 2015 Recommended Action: Staff recommends City Council authorize the City Manager to execute an agreement for Engineering Services for Water Treatment Plant Reliability Improvements (RFP 15-27) with CDM Smith (125 South Wacker Drive, Suite 600, Chicago, IL) in the not-to-exceed amount of $225,113.00. Funding Source: Funding will be from the Water Fund, Capital Improvement Account 513.71.7330.62140 – 733094, which has a FY 2015 budget allocation of $3,500,000. The Utilities Dept. is in the process of applying for a low interest loan from the Illinois Environmental Protection Agency (IEPA). The loan application is only finalized and the loan issued once the design is complete and a contractor has been selected. The IEPA has assigned a project reviewer to this project, indicating their intention to review it for prioritization on the state’s Intended Use Plan. If the City is successful in obtaining a loan, the eligible engineering fees will be included as part of the loan agreement. Background: The scope of work for this contract is for an engineering firm to provide design engineering to address reliability and redundancy issues at the water treatment plant. Services would also include assistance during bidding and support services related to the City’s application for IEPA low interest loan funding. A priority of this project is to address the single point of failure situation in the flash mix process. The flash mix basin is where chemicals are mixed in with the raw water to begin the water treatment process. The process has no redundancy, and the lone Memorandum 47 of 312 chemical mixer is the only single point of failure in the plant. Providing redundant mixers in the flash mix basin will considerably improve the flexibility and reliability of this process. The existing flash mix basin is also undersized, requiring partial bypass of the mixing chamber at high flows. Further, the flash mix bypass pipe can only feed water to two of the four settling basins, limiting treatment capacity to about 65 million gallons per day (mgd) when the flash mix basin is taken out of service for repair. Modifications will be made to achieve the full rated plant capacity of 108 mgd in the flash mix basin as well as in the bypass piping. Other reliability issues to be addressed in this project include: • Repairs and improvements to isolation valves on the piping that delivers treated water to the High Lift Pumps. These valves must be repaired prior to beginning the replacement of the water storage tank under the Northwestern University parking lot. • Replacement of two large (30” diameter) valves in the pipeline that delivers water to wash the filters; • Structural inspection and repair of the North and South Shore Wells ; • Repair of concrete hatches at the settling basins; • Installation of ultrasonic level transducers to replace existing outdated monitoring technology regulating flow into the filters; • Installation of two new electrical panels in the pumping station; and • Replacement of a leaking 6” pipeline that supplies water to several water treatment processes. Analysis: The Request for Proposal (RFP) was advertised on Demandstar and in the Chicago Tribune. Proposals were received on April 14, 2015. A total of four proposals were received as summarized below. Vendor Information Vendor Address Carollo Engineers 1200 Shermer Road, Suite 214, Northbrook, IL CDM Smith Inc. 125 S. Wacker Drive, Suite 600, Chicago, IL Greeley & Hansen LLC 100 S. Wacker Drive, Suite 1400, Chicago, IL Stanley Consultants 8501 W. Higgins Road, Suite 730, Chicago, IL 48 of 312 The pricing received for design, bidding, and IEPA loan support services is summarized below. Proposed Pricing Information Vendor Price Stanley Consultants $199,482 CDM Smith Inc. $225,113 Carollo Engineers $264,973 Greeley & Hansen LLC $345,353 The proposals were reviewed by: • Lara Biggs, Superintendent – Construction & Field Services • JacQuera Calvert, Purchasing Specialist • Jay Henderson, Division Chief – Pumping • Kevin Lookis, Superintendent – Water Production • Kristin Rehg, Utilities Project Manager • David Stoneback, Utilities Director • Kevin Zeoli, Division Chief – Filtration The averaged scoring of the proposals was as follows: Selection Criteria Max Pts Carollo CDM Smith Greeley & Hansen Stanley Firm Qualifications/Experience 15 13 14 14 12 Team/Project Mgr Quals/Exp 20 16 18 16 16 Project Approach 15 14 13 13 13 Cost 20 14 17 14 20 Completeness of Proposal 10 8 10 9 9 Willingness to Execute Agreement 10 10 10 10 0 State DBE Program Participation 10 10 10 10 10 TOTALS 100 85 92 86 80 All four consulting firms submitted proposals with thorough project approaches and demonstrated applicable qualifications and compliance with the State of Illinois Disadvantaged Business Enterprise (DBE) program goals. Utilization of the State DBE goals is a prerequisite to obtaining IEPA low interest loan funding. CDM Smith’s proposed team and firm qualifications demonstrated the highest concentration of relevant expertise and experience. While Stanley Consultants had a lower cost, their project team did not have equivalent experience doing work on similar large surface water treatment plants, and their exceptions to the City’s standard professional services agreement were deemed unacceptable by the City’s Law Department. The consulting firms also submitted a price for construction services, but there was a significant variation in the number of hours allocated to construction inspection in the proposals. Because of uncertainty around the scope of rehabilitation to the flash mix, it is difficult to estimate the duration of construction and the associated construction observation cost. Therefore staff is not recommending award of construction services 49 of 312 at this time. Once the design of the flash mix is finalized, a more accurate estimate of construction costs can be obtained, and staff will return to City Council to recommend an amendment to the agreement with CDM Smith to add these costs. Currently, CDM Smith is estimating construction services at $198,949.00, which is comparable to what the other firms have proposed. CDM Smith has completed numerous projects for the City, and staff has been satisfied with the quality of their work. CDM Smith is proposing to comply with the State DBE program goals. Utilization of the State DBE goals in lieu of Evanston’s M/W/EBE Program goals is a prerequisite to obtaining IEPA low interest loan funding. Staff considered the possibility of not utilizing IEPA loan funding for the engineering services, paying for the project from higher- interest bond funding and requiring the consultant to comply with the City’s M/W/EBE program instead of the State DBE program. This would encourage the consultant to increase their M/W/EBE participation goal from 17% to 25%. However, the proposed sub-consultants, AIT and Ardmore Associates, would likely be used in both scenarios, and these companies are not Evanston-based businesses. Because the interest rate of the funding would be higher, there would be an additional cost to the City for borrowing the money. It was decided to recommend award of the contract using the State DBE program so that the City can apply for IEPA low interest funding for all project costs. During design phase, AIT and Ardmore have 9.4% participation; during the construction phase, their participation increases to 25.5%. Overall, the consultant meets the 17% goal when averaged across both design and construction services. A memo reviewing compliance with the State DBE program is attached. Attachments: Memo on Compliance with State of Illinois DBE Program 50 of 312 RFP 15-27, Engineering Services for Water Treatment Plant Reliability Improvements M/W/EBE Memo, 06.22.2015 To: David Stoneback, Director of Utilities Lara Biggs, Superintendent of Construction & Field Services From: Tammi Turner, Purchasing Manager Subject: Request for Proposal 15-27, Engineering Services for Water Treatment Plant Reliability Improvements Date: June 22, 2015 Due to obtaining IEPA low interest loan funding as outlined in the Department memo, the State Disadvantaged Business Enterprise (DBE) program goal will be utilized in lieu of the City MWEBE goal. RFP 15-27 Engineering Services for Water Treatment Plant Reliability Improvements, CDM Smith Inc., will be in compliance with the State of DBE program goals. If the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) goal was utilized, the recommendation for RFP 15-27, Engineering Services for Water Treatment Plant Reliability Improvements, CDM Smith Inc. would be found, to be in initial compliance with the goal (total base bid of $225,113.00 would evaluate to 31.5% credit) utilizing the following subcontractors: Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE American Infrastructure Technologies Engineering Services $21,155.00 9% X Ardmore Associates, LLC Inspection Services $50,730.00 22.5% X Total M/W/EBE $71,885.00 31.5% Cc: Erika Storlie, Deputy City Manager / Acting Director of Administrative Services Memorandum 51 of 312 For City Council meeting of June 22, 2015 Item A3.2 Business of the City by Motion: Contract Extension for Water Meter Purchase For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Utilities Director Lara Biggs, Superintendent – Construction & Field Services Subject: Approval of One-year Contract Extension of the Water Meter Purchase Contract (Bid 14-33) Date: June 6, 2015 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a one-year contract extension of the Water Meter Purchase contract (Bid 14-33) with Water Resources, Inc. (390 Sadler Avenue, Elgin, IL) in the amount of $70,000.00. Funding Source: Purchase of materials under this contract will be funded from the Water Fund as follows: Account No. FY 2015 (July – Dec) FY 2016 (Jan – June) Total 510.71.7120.65070 $10,000 $40,000 $50,000 510.71.7125.65080 (resale) $10,000 $10,000 $20,000 Total $20,000 $50,000 $70,000 Background Information: This contract is for the purchase of water meters used to measure the quantity of potable water delivered to Evanston retail customers. Materials purchased under this contract will be installed by staff in the Distribution Division or resold to private contractors. They will be used to replace damaged and inoperable water meters or used at new development sites. This original contract was for one year (July 2014 – June 2015) with two optional one-year extensions. The 2014 Bid Summary is attached. Water Resources has done a good job in their supply and delivery of materials during the initial first year of the contract. Memorandum 52 of 312 Summary: This approval is for the first one-year contract extension, which would extend the contract from July 1, 2015 to June 30, 2016. The City contacted Water Resources to inquire about their willingness to maintain their pricing for an additional year. Because of their performance over the last year and their willingness to supply materials at the same unit price (see attached letter), City staff is recommending extending their contract for one year. Water Resources received a waiver on the M/W/EBE goals. Attached is last year’s analysis of the M/W/EBE participation requirements for this project. Legislative History: Original 2014 Water Meter Purchase contract (Bid No. 14-33) was approved by City Council on February 24, 2014 Attachments: 2014 Water Meter Purchase Bid Summary Letter from Water Resources, dated April 17, 2015, stating their willingness to hold prices 53 of 312 Water Meter and Meter Reading Equipment Bid No.14-33 Summary of Bids Water Resources, Inc. Badger Meter, Inc. Item No. Description Quantity Unit Price Extended Price Unit Price Extended Price 1 5/8" X 5/8" Water Meter 300 each $67.00 $20,100.00 $67.21 $20,163.00 2 3/4" x 3/4" Water Meters 100 each $88.00 $8,800.00 $98.03 $9,803.00 3 1" x 1" Water Meter 25 each $120.00 $3,000.00 $127.51 $3,187.75 4 1 1/2" X 1 1/2 " Water Meter 5 each $300.00 $1,500.00 $286.97 $1,434.85 5 2" Disc Water Meter 20 each $395.00 $7,900.00 $407.57 $8,151.40 6 2” Turbine Water Meter 1 each $500.00 $500.00 $563.02 $563.02 7 2” Compound Water Meter 1 each $1,050.00 $1,050.00 $1,266.74 $1,266.74 8 3” Turbine Water Meter 1 each $750.00 $750.00 $666.91 $666.91 9 3” Compound Water Meter 4 each $1,375.00 $5,500.00 $1,461.39 $5,845.56 10 4” Turbine Water Meter 1 each $1,050.00 $1,050.00 $997.33 $997.33 11 4” Compound Water Meter 1 each $1,675.00 $1,675.00 $2,419.30 $2,419.30 12 6” Turbine Water Meter 1 each $1,900.00 $1,900.00 $2,247.68 $2,247.68 13 6” Compound Water Meter 1 each $3,300.00 $3,300.00 $3,365.45 $3,365.45 14 8” Turbine Water Meter 1 each $2,800.00 $2,800.00 $2,582.35 $2,582.35 15 8” Compound Water Meter 1 each $5,000.00 $5,000.00 $4,898.68 $4,898.68 16 2” plate strainer 2 each $275.00 $550.00 $255.00 $510.00 17 3” plate strainer 5 each $450.00 $2,250.00 $360.00 $1,800.00 18 4” plate strainer 2 each $515.00 $1,030.00 $475.00 $950.00 19 6” plate strainer 1 each $1,000.00 $1,000.00 $650.00 $650.00 20 8” plate strainer 1 each $2,200.00 $2,200.00 $1,000.00 $1,000.00 21 5/8" Replacement Register Head 10 each $50.00 $500.00 $42.42 $424.20 22 3/4" Replacement Register Head 5 each $50.00 $250.00 $42.42 $212.10 23 1" Replacement Register Head 5 each $50.00 $250.00 $42.42 $212.10 24 1-1/2" Replacement Register Head 2 each $50.00 $100.00 $42.42 $84.84 25 2" Replacement Register Head 2 each $50.00 $100.00 $42.42 $84.84 26 3" Replacement Register Head 1 each $60.00 $60.00 $47.68 $47.68 27 4" Replacement Register Head 1 each $60.00 $60.00 $47.68 $47.68 TOTAL $73,175.00 $73,616.46 54 of 312 55 of 312 Contract for 2014 Water Meter Purchase (Bid No. 14-33), M/W/EBE Waiver Memo 06.23.2014 To: David Stoneback, Director of Utilities Lara Biggs, Superintendent – Construction & Field Services From: Tammi Turner, Purchasing Manager Subject: Contract for 2014 Water Meter Purchase (Bid No. 14-33) Date: June 23, 2014 The goal of the Minority, Women, and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City has established a 25% M/W/EBE subcontracting participation goal for general contractors. However, the contract award for construction of the Contract for 2014 Water Meter Purchase (Bid No. 14-33), precludes subcontracting opportunities. Therefore, a waiver is granted. Cc: Martin Lyons, Assistant City Manager/CFO Memorandum 56 of 312 For City Council meeting of June 22, 2015 Item A3.3 Business of the City by Motion: Pitner Avenue Water Main Lining For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Utilities Director Lara Biggs, Superintendent – Construction & Field Services Subject: Water Main Lining – Pitner Avenue (Bid No. 15-39) Date: June 11, 2015 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract for Water Main Lining – Pitner Avenue (Bid No. 15-39) with Sheridan Plumbing & Sewer (6754 W. 74th Street, Bedford Park, IL) in the amount of $314,800.00. Funding Source: Funding for this work will be from the Water Fund, Account 513.71.7330.65515, which has an allocation of $3,487,600 for water main improvements. Projects approved previously in 2015 for combined street and water main construction/replacement total $2,727,162.38. Summary: This contract includes the rehabilitation of approximately 400 feet of 24-inch diameter water main on Pitner Avenue between Greenleaf Street and Nathaniel Place. The water main will be rehabilitated by installation of a cured-in-place pipe (CIPP) liner, similar to the CIPP sewer liners that have been installed in Evanston for the past 25 years. A location map indicating where the work will take place is attached. The water main rehabilitation work on Pitner Avenue is to be completed by August 28, 2015. The 24-inch diameter water main on Pitner Avenue is 57 years old and the pipe itself is in relatively good condition. However, the soils in this area are corrosive, resulting in significant deterioration of the bolts at each pipe joint (joints are spaced approximately every 20 feet). Several repairs have been needed on this water main in recent years to replace bolts at leaking pipe joints. Lining the water main will essentially eliminate the joints, thus ending the leaks that have plagued this pipe segment in recent years. Memorandum 57 of 312 Lining is a more cost-effective solution than open cut pipe replacement with corrosion protection measures. Water main lining is a less resource intensive and less disruptive alternative to water main replacement. For this project, the water main lining process will require only two small excavations as opposed to a 10-foot-wide trench for the entire length of the block. The bid for this project was advertised on May 7, 2015, in the Chicago Tribune and on Demandstar. Bids were opened and publicly read on June 2, 2015. The submitted bids cannot be withdrawn or canceled for a period of sixty (60) calendar days following the bid opening, or until August 1, 2015. The bids were reviewed by Lara Biggs, Superintendent – Construction & Field Services, and are listed below. Contractor Information Contractor Address Sheridan Plumbing & Sewer 6754 W. 74th Street, Bedford Park, IL Kenny Construction Company 2215 Sanders Road, Northbrook, IL Pricing Summary Contractor Bid Price Sheridan Plumbing & Sewer $314,800.00 Kenny Construction Company $386,000.00 Sheridan Plumbing & Sewer has worked on many infrastructure projects in Evanston and their performance has been good. Sheridan is utilizing Insituform Technologies as a subcontractor to install the water main liner. Insituform has completed many CIPP sewer lining projects in Evanston since the 1980s and their performance has been good. Insituform began lining water mains in addition to sewers in 1998, and has completed several water main lining projects in other Illinois communities since 2013, including Skokie, Naperville, Crest Hill, and Streator. Sheridan Plumbing & Sewer, a certified WBE, meets the City’s M/W/EBE goal. Sheridan has also pledged to comply with the City’s Local Employment Program. A memo reviewing the M/W/EBE participation and LEP compliance is attached. Attachments: Project Location Map Bid Tabulation for Bid 15-39 Water Main Lining – Pitner Avenue M/W/EBE and LEP Review Memo 58 of 312 City of Evanston Water Main Lining – Pitner Avenue Project Location Map 59 of 312 Unit Price Ext Price Unit Price Ext Price Unit Price Ext Price1 Cured-In-Place Pipe Liner – 24” Foot 400 $725 $290,000 $787 $314,800 $965 $386,000TOTAL BID$290,000$314,800$386,000City ofSheridan Plumbing& SewerKennyEvanstonConstructionWATER MAIN LINING - PITNER AVENUEBID NO. 15-39SUMMARY OF BIDSItem DescriptionUnit Quantity60 of 312 To: David Stoneback, Utilities Director Lara Biggs, Superintendent – Construction & Field Services From: Tammi Turner, Purchasing Manager Subject: Water Main Lining – Pitner Avenue, Bid #15-39 Date: June 22, 2015 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 the recommendation for Bid 15-39, the Water Main Lining – Pitner Avenue, Sheridan Plumbing & Sewer, is found to be in initial compliance with the goal. Sheridan Plumbing & Sewer’s, total base bid is $314,800.00, and they will receive 50% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Sheridan Plumbing Sewer & Water Const $158,800.00 50% X Total M/W/EBE $158,800.00 50% CC: Erika Storlie, Deputy City Manager / Acting Director of Administrative Services Memorandum Bid 15-39, Water Main Lining – Pitner Avenue M/W/EBE Memo, 06.22.2015 61 of 312 For the City Council Meeting of May 10, 2010 Item # For City Council Meeting of June 22, 2015 Item A3.4 Business of the City by Motion: Two (2) Replacement Vehicle Purchases For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Erika Storlie, Acting Director of Administrative Services Lonnie Jeschke, CPFP, Manager Fleet Services Subject: Two Replacement Vehicle Purchases Date: June 12, 2015 Recommended Action: Staff recommends City Council approval for the replacement purchase of two (2) vehicles in the amount of $285,962.00 as follows: an EMT Unit for the Evanston Fire Department (EFD) from Foster Coach Sales Incorporated, 903 Prosperity Drive, Sterling Illinois 61081 in the amount of $261,477.00 and a heavy duty pick-up truck for Parks, Recreation, and Community Services Department (PRCS) from Currie Motors, 9423 W. Lincoln Highway, Frankfort, Illinois 60423 in the amount of $24,485.00. Funding Source: Funding for the purchase of these two (2) vehicles, one (1) advanced life support EMT Unit for EFD and one (1) pick-up truck for PRCS will be from the Equipment Replacement Fund budget account (601.26.7780.65550) in the amount of $285,962.00 which has a budgeted amount of $1,455,422.00. This expenditure represents 19.6% of this budgeted amount in the F.Y. 2015 Equipment Replacement Budget. Summary: The details of the vehicles/units to be replaced are listed below: Division/ Department Unit # Description Model Year Condition Original Purchase Price L.T.D. Repair $$’s L.T.D. Miles EFD 317 I.H. 4300 w/ Medtech Unit 2005 Very Poor $158,493 $103,722 94,470 PRCS 432 Ford F-250 4X4 2006 Totaled in 2014 $18,243 $34,077 103,009 The recommended replacement unit purchases are as follows: Memorandum 62 of 312 Department Division Unit # Replacement Description Model Year Purchase Price Type of Bid or Quote Vendor EFD 317 Ford F-550 w/Horton Unit 2016 $265,568 N.W.M.C. S.P.C. Foster Coach PRCS 432 Ford F-250 4X4 2015 $24,485 N.W.M.C. S.P.C. Currie Motors The vehicles listed for replacement support daily operations of the PRCS and EFD. The purchase of the EMT unit will be fueled by B-20 bio-diesel and will be equipped with a “Selective Catalytic Reduction” (SCR) emissions system which minimizes heavy particulate matter and results in only nitrogen and water vapor exhaust with no carbon monoxide. The pick-up truck will be fueled by 87 Octane gasoline and has the latest emissions technology. The Ford F-250 is a heavier duty truck that will accommodate pulling boats and other equipment in and out of the water at the lakefront. The Ford F-250 was also chosen to remain consistent with the rest of the fleet as the fleet services personnel have expertise in the maintenance of these models as well as spare parts inventory. The Northwest Municipal Conference Suburban Purchasing Cooperative consortium bid pricing was utilized for these two (2) vehicle replacements. In addition, the City was able to take an additional $5,020.00 pre-pay discount on the EMT unit. Both Foster Coach and Currie Motors are responsive and responsible vendors and the City of Evanston has been purchasing vehicle replacements from them for over 10-years. Attachments Specifications/pricing for the two (2) replacement vehicles. 2 63 of 312 64 of 312 65 of 312 66 of 312 67 of 312 68 of 312 69 of 312 70 of 312 71 of 312 72 of 312 73 of 312 74 of 312 75 of 312 76 of 312 77 of 312 78 of 312 79 of 312 80 of 312 81 of 312 82 of 312 83 of 312 84 of 312 85 of 312 86 of 312 87 of 312 88 of 312 89 of 312 90 of 312 91 of 312 92 of 312 93 of 312 94 of 312 95 of 312 96 of 312 97 of 312 98 of 312 99 of 312 100 of 312 101 of 312 102 of 312 103 of 312 104 of 312 105 of 312 106 of 312 107 of 312 108 of 312 For City Council meeting of June 22, 2015 Item A3.5 Business of the City by Motion: 2015 Renewal of BAS Agreement with Siemens Building Technologies, Inc. For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works James Maiworm, Assistant Director of Maintenance and Operations Sean Ciolek, Facilities Manager Subject: 2015 Renewal of Building Automation Service Agreement for HVAC Systems with Siemens Building Technologies, Inc. Date: June 22, 2015 Recommended Action: Staff recommends City Council authorize the City Manager to execute a single source service agreement for the Building Automation System (BAS) at the Police Headquarters/911 Center. The service agreement would be with Siemens Building Technologies, Inc., 585 Slawin Court, Mount Prospect, IL 60056 in the amount of $25,824.00 for FY 2015 to cover hardware/software and service visits for eight buildings’ HVAC systems. There is no increase from last year. Funding Source: Funding is provided by the Facilities Account 100.26.2677.62509, which has a FY 2015 budget of $74,845.00. Summary: The City of Evanston currently has an existing agreement with Siemens for the Police Headquarters/911 Center. To ensure that the Siemens BAS system receives all necessary upgrades and is functioning properly, an annual service and maintenance agreement is required. Siemens has the requisite knowledge and experience with our systems and the Police Headquarters facility. The BAS allows Facilities Management staff to view the operation of the HVAC systems at this location from remote locations including but not limited to the Facilities Management office. This is a critical function that allows staff to respond to alarms that warn of issues occurring with this HVAC system. By remote monitoring, on-call staff can quickly assess the urgency of a situation and determine whether a problem can be resolved in the field or can be adjusted without visiting the facility; this system saves time, energy and increases the equipment efficiency. Staff is requesting approval for the annual service and maintenance agreement for FY2015. Memorandum 109 of 312 Attachments: Siemens Proposal 110 of 312 Advantage Services® Agreement for: City of Evanston Police Department and 911 Facility Site location: 2100 Ridge Avenue, Evanston 2/1/2015 s 111 of 312 Siemens Industry, Inc. 2/1/2015 Page 2 1 Overview _____________________________________________________ 1.1 Executive Summary You have made a significant investment in your facility and its complex technical systems which are critical to the profitability and productivity of your overall operation. The existing Building Automation System actively controls the following building equipment: All Air Handling & Ventilation Systems HW / CHW Pumps Continuous Monitoring of System Alarms Siemens service coverage levels are identified below and consist of preventive maintenance and software updates. All Software Revisions are provided to prevent system obsolescence, maintain system performance, and minimize your energy spend. All regular maintenance and service tasks will be provided throughout the year as needed to maintain the performance of the Building Automation and System. This Service Agreement has been specifically developed to support your unique facilities, and the services provided herein will help you in achieving your facility goals. _____________________________________________________ 1.2 Siemens Capabilities & Commitment to Our Customers Siemens Industry, Inc. is the leading single-source provider of cost-effective facility performance solutions for the comfort, life safety, security, energy efficiency and operation of some of the most technically advanced buildings in the world. Siemens is pleased to offer this proposal for technical support services to your facility. For more than 150 years, Siemens has built a culture of long-term commitment to customers through innovation and technology. We are confident that we have the capabilities to meet your critical facility needs today and in the future, and we look forward to the opportunity to serve you. 112 of 312 Siemens Industry, Inc. 2/1/2015 Page 3 1.3 Building Automation Services 1.3.1 Technical Support Services Emergency Online/Phone Response is provided Monday through Sunday, 24x7. System and software troubleshooting and diagnostics will be provided remotely to enable faster response to emergency service requests and to reduce the costs and disruptions of downtime. Siemens will respond within (4) hours or sooner, upon receiving notification of an emergency, as determined by your staff and Siemens. Where applicable, Siemens will furnish and install the necessary online service technology to enable us to remotely dial into your system, through a dedicated telephone line that will be provided by the facility. Where remote access is not available to the system, Siemens will provide phone support to your staff to assist in their onsite troubleshooting and diagnosis. If remote diagnostics determine a site visit is required to resolve the problem, a technician can be dispatched. Emergency Onsite Response: Emergency Onsite Response will be provided to reduce the costs and disruptions of downtime when an unexpected problem does occur. Siemens will provide this service between scheduled service calls and be onsite by the next business day, upon receiving notification of an emergency. Critical emergencies, as determined by your staff and Siemens, are failures at a system or panel level that would result in the loss of the operation of an entire section of a building or place the facility at high risk. Non- emergency conditions, as determined by your staff and Siemens, are failures at an individual component level resulting in minimal impact to the overall operation of the facility. Non-emergency conditions, as determined by your staff and Siemens, may be incorporated into the next scheduled service call. Emergency on-site labor will be provided and billed at the prevailing discounted rate. Controller Analysis & Optimization: Through Controller Analysis & Optimization, we ensure reliable and optimized performance of your BAS Terminal Equipment Controllers throughout your HVAC system. You will realize a more comfortable and productive environment and will benefit from lower energy consumption through more efficient equipment usage. Terminal equipment can by their nature under perform due to a number of reasons; mechanical, electrical, control settings, building use and climatic conditions. Through the use of the Controller Analysis Program (CAP) and / or other tools we can pinpoint which systems have possible air flow or temperature control problems. Preventive Maintenance: Siemens will provide onsite preventive maintenance inspections (4-5) times throughout the year on the Building Automation System. All inspections will be scheduled in advance with your engineering staff. Adjustments to scheduled inspections will be coordinated and agreed upon by all parties. All onsite inspection activities will be documented and reviewed as needed. 113 of 312 Siemens Industry, Inc. 2/1/2015 Page 4 Staff Training and Operator Coaching: Siemens will provide onsite training and systems consulting during our regularly scheduled inspections to review operational sequences, software enhancements, new system capabilities, or other system related issues. Ongoing staff training is essential in achieving full use of the systems operational capabilities, managing staff turnover, and minimizing system failures. We will meet with your staff on an ongoing basis to evaluate the effectiveness of these services. Business Protection & Recovery Services. Through this service we help protect your HVAC Control Systems vital databases of business information from unforeseen and costly catastrophic events (lightning strike, electrical power surge, hard drive or controller failure, flood, physical damage, etc.). Siemens will perform scheduled back-ups for your PC based workstation database & graphics and / or field panel databases and provide safe storage of this critical business information. Should a catastrophic event occur, we will respond onsite (or online if such service is included in this proposal) to reload the databases and system files from our stored backup copy, to restore your operation as soon as possible. The Apogee database and all applications are fully maintained by Siemens. We will provide advanced diagnostics and troubleshooting through our Corporate Field support team to assist in the resolution of Apogee software based issues. Network Analysis & Optimization: Through this service we will ensure reliable communication throughout your Building Automation System. We will coordinate with your IT Network staff/provider to verify the appropriate connectivity is maintained. Ongoing maintenance of your IT network including routers, switches, and hubs is the responsibility of your staff/provider. Siemens will provide preventive maintenance in accordance with a program of routines as determined by our experience, equipment application and location. The field hardware included under this service will be based on the BAS System profile effective 9/1/2011. Repair & Replacement Services. To reduce the effects of unbudgeted repairs, Siemens will provide labor and / or materials to repair or replace failed or worn components to maintain your system in peak operating condition. Components that are suspected of being faulty may be repaired or replaced in advance to minimize the occurrence of system interruptions. Repair and replacement of all BAS Panels identified on the List of Maintained Equipment devices are included. All external sensors/actuators/end devices will be repaired or replaced and invoiced at the preferred discounted rates. Software Analysis & Optimization: Through Software Analysis & Optimization, Siemens will help ensure that software changes made by your staff are clear and consistent. We will address any software problems that would negatively impact system performance. We will address any programming errors, failed points, points in alarm, unresolved points or points in operator priority, both at the front end workstation and at the field panel. This will increase system efficiency, assure compliance to specified conditions, and reduce the risk of costly and disruptive system problems. We will perform this service using onsite visits and / or remote services (if applicable). 114 of 312 Siemens Industry, Inc. 2/1/2015 Page 5 1.3.2 System Performance Updates & Upgrades Software Updates. Through this service, you will benefit from new features and enhancements that will improve building operations, take advantage of the latest version changes, while extending the life of your investment. Siemens will provide you with software and documentation updates to your existing APOGEE software as they become available (approximately annually). All documentation including system training will be provided to familiarize you with the new features and their associated benefits. These updates deliver the benefits of Siemens Industries commitment to compatibility by design, a commitment unique in our industry. Hardware Updates. Through this service, your field hardware will be upgraded and replaced with the latest revision to prevent system obsolescence. The existing MBC panels have been retired from production since 2008 with limited availability of spare parts. You will benefit from new features and enhancements that will improve building operations, take advantage of the latest version changes, while extending the life of your investment. Siemens will provide all design engineering, field panel hardware, database conversion, and verify the sequence of operation for all BAS systems upgraded over the term of this agreement. All existing critical MBC Hardware serving the Police and 911 Facility will be upgraded and phased in over time. All labor associated with hardware upgrades will be provided during normal working hours. BAS Field Hardware Updates. System Name Name Description Existing Panel# BAS node 6 BLN node 6 911 Boiler Room MBC 6 BAS node 9 BLN node 9 911 Bsmt/Garage MBC 9 115 of 312 Siemens Industry, Inc. 2/1/2015 Page 6 Maintained Equipment Table Siemens Industry, Inc. Service Agreement List of Maintained Equipment Equipment Category Equipment SubCategory Equipment Qty Serial Number Location Mfg/Model Control Systems - Summary Level Data Protection & Data Recovery Apogee 3.11 B/U on-site 1 Services (quarterly): Data Protection & Recovery Services, Software revisions Control Systems - Summary Level Data Protection & Data Recovery RENO Paging Application 1 Services (quarterly): Data Protection & Recovery Services, Software revisions BAS SERVER Workstation PC DELL 1 Services (six times per year) Preventative Maintenance, Hardware included Field Hardware BAS Controller Modular Building Controllers 2 * Services (six times per year): Preventative Maintenance, Repair labor provided during PM inspections Field Hardware BAS Controller PXC/PXM Controllers 4 Services (six times per year): Preventative Maintenance, Repair labor provided during PM inspections Field Hardware FLN Controller Terminal Equipment Controller 69 Services (six times per year): Preventative Maintenance, Repair labor and Material excluded Field Hardware AHU Controls Pneumatic Electronic Controls Misc. Services (annually): Preventative Maintenance, Repair labor provided during PM inspections * New Controller hardware to be installed per the table on page 5 ** Excludes dampers and valve bodies. Damper and valve actuators are included 116 of 312 Siemens Industry, Inc. 2/1/2015 Page 7 Siemens Industry, Inc. Building Technologies Division Field Service Labor Rates - Chicago Area Rates effective from January 1, 2015 through December 31, 2015 Please note: Rates shown are for the period referenced above but are subject to change without notice. Standard Labor Rates: Straight Time (M-F 7 AM to 5 PM) excl. Holidays Regular Overtime (M-F 5 PM to 7 AM, & Sat) excl. Holidays Sundays & Holidays Automation Specialist $195.00 $292.00 $315.00 Electrical Technician $210.00 $315.00 $336.00 Fire Safety Specialist $165.00 $247.00 $270.00 Security Specialist $165.00 $247.00 $270.00 Engineer $220.00 $330.00 $355.00 Energy Engineer $250.00 $375.00 $400.00 Electrical Engineer $225.00 $337.00 $362.00 Mechanic $185.00 $241.00 $278.00 Customers with an active Service Agreement will be eligible for the preferred customer labor rates listed below. Preferred Customer Labor Rates: Straight Time (M-F 7 AM to 5 PM) excl. Holidays Regular Overtime (M-F 5 PM to 7 AM, & Sat) excl. Holidays Sundays & Holidays Automation Specialist $170.00 $221.00 $289.00 Electrical Technician $185.00 $240.00 $314.00 Fire Safety Specialist $150.00 $195.00 $255.00 Security Specialist $150.00 $195.00 $255.00 Engineer $190.00 $250.00 $323.00 Energy Engineer $215.00 $280.00 $365.00 Electrical Engineer $195.00 $255.00 $331.00 Mechanic $161.00 $202.00 $242.00 117 of 312 Siemens Industry, Inc. 2/1/2015 Page 8 Material Rates: Customers with an active Service Agreement will benefit from a discount percentage off the standard pricing for Siemens Industry Inc. – BT Division products. Customers without a Service Agreement will pay standard pricing for Siemens Industry Inc. – BT Division products. Straight rate 7 a.m. – 5 p.m. Monday – Friday except Holidays. Service for customers with a Service Agreement involving travel to the customer site will incur a two hour minimum labor charge plus a flat $85.00 Trip Charge (no additional mileage charges apply). Service for customers without a Service Agreement involving travel to the customer site will incur a four hour minimum labor charge plus a flat $85.00 Trip Charge (no additional mileage charges apply). On-line diagnostic and other remote services, as well as consulting services provided by phone, will be charged at the engineering rate with a one hour minimum. Customers with a current Service Agreement will receive a discount of 40% less 20% off list on standard catalog pricing for Siemens Industry Inc. – BT Division products except products listed in the catalog with the @ sign are limited to a 40% discount. Customers without a current Service Agreement will receive a discount of 30% off list on standard catalog pricing for Siemens Industry Inc. – BT Division products. Fire alarm products from EST will be charged at list price less 20% for our Fire Service Agreement customers and list price for all other customers. 118 of 312 Siemens Industry, Inc. 2/1/2015 Page 9 2 Siemens Industry, Inc. 2.1 Signature Page and Investment By and Between: Siemens Industry, Inc. City of Evanston 585 Slawin Court 2100 Ridge Avenue Mount Prospect, IL 60656 Evanston, IL 60201 Services shall be provided at the City of Evanston Police 911 Headquarters, Evanston, IL. Siemens Industry, Inc. shall provide the services as outlined in the attached proposal dated 2/1/2015 and the attached terms and conditions. Duration: This contract is an original one year contract with per the pricing schedule below. Investments: Proposal accepted by: Proposal submitted by: City of Evanston John C. Dwan Authorized Representative Account Executive Siemens Industry, Inc. _____________________________ _____________________________ Signature Date Signature Date Approved for Siemens Industry, Inc. by: P.O.#________________________ Paul Hayes Zone Manager ____________________________ Signature Date Effective Date: 1/01/2015 to 12/31/2015 $25,824.00 annually 119 of 312 Siemens Industry, Inc. 2/1/2015 Page 10 3. Terms and Conditions 120 of 312 Siemens Industry, Inc. 2/1/2015 Page 11 121 of 312 Siemens Industry, Inc. 2/1/2015 Page 12 122 of 312 Siemens Industry, Inc. 2/1/2015 Page 13 123 of 312 For City Council meeting of June 22, 2015 Item A3.6 Business of the City by Motion: 2015 Renewal of BAS Agreement with Schneider Electric For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works James Maiworm, Assistant Director of Maintenance and Operations Sean Ciolek, Facilities Manager Subject: 2015 Renewal of Building Automation Service Agreement for HVAC Systems with Schneider Electric Date: June 22, 2015 Recommended Action: Staff recommends City Council authorize the City Manager to execute a single source service agreement with Schneider Electric, 17475 Palmer Blvd., Homewood, IL 60430 in the amount of $25,032 for the Building Automation System (BAS) at the following eight facilities: • Fleetwood-Jourdain Center • Levy Senior Center • Chandler-Newberger Center • Lorraine H. Morton Civic Center • Municipal Service Center • Fire Station #3 • Robert Crown Center • Fire Station #5 Staff recommends approval of the service agreement with Schneider Electric for FY 2015 to cover hardware/software and service visits for the buildings’ HVAC systems. This is less than a 3% increase. Funding Source: Funding is provided by the Facilities Account 100.26.2677.62509, which has a FY 2015 budget of $74,845.00 Memorandum 124 of 312 Summary: The City of Evanston currently has the existing Andover (Schneider) BAS in place for eight facilities. To ensure that the proprietary Andover (Schneider) BAS system receives all necessary upgrades and is functioning properly, an annual service and maintenance agreement is required. Schneider has the requisite knowledge and experience with our systems and buildings. The BAS allows Facilities Management staff to view operation of the HVAC systems at each of these eight locations from remote locations including but not limited to the Facilities Management office. This is a critical function that allows staff to respond to alarms that warn of issues occurring with the HVAC systems. By remote monitoring, on-call staff can quickly assess the urgency of a situation and determine whether a problem can be resolved in the field or can be adjusted without visiting the facility; this system saves time, energy and increases the equipment efficiency. Staff is requesting approval for the annual service and maintenance agreement for FY2015. Attachments: Schneider Electric Proposal 125 of 312 Schneider Electric | Buildings Business 17475 Palmer Blvd. Homewood, IL 60430 USA Tel. +1 708-271-4700 Fax +1 708-271-4701 www.schneider-electric.com/buildings May 1st 2015 Site Name: City of Evanston Attn: Mr. Sean Ciolek RE: Andover Controls System Full Service Agreement for year 2015 Thank you for the opportunity to present you with a proposal for a service agreement with Schneider Electric. Service agreements are an excellent way to maximize the value of your building and the systems installed in it. Our service agreements are designed to continually meet the dynamic and changing needs of your business and the facilities that support them. By investing in a service agreement, you can take advantage of the features and functionality in your system and receive the full value it was designed to deliver. Please review the enclosed proposal and I will call you to follow up and answer any questions you may have. We look forward helping you to achieve success in your business. Sincerely, Gary E Bjankini Service Account Representative Schneider Electric 708-899-4841 cell 708-271-4841 direct 126 of 312 Schneider Electric | Buildings Business Page 2 of 11 BAS CONTROLS MAINTENANCE SUMMARY City of Evanston Scheduled Inspections: Schneider Electric will provide 9 (8) hour-site inspections per year. The maintenance tasking procedures, which our technicians precisely follow, are based on the equipment manufacturers and Schneider Electric’s recommendations, equipment application and our extensive experience. Service Procedures for TAC Equipment and Peripherals Devices: 1. Andover Equipment All Andover Controllers will be checked accordingly to manufacturers’ specifications. All power supply and input rail voltages will be checked for proper ranges. CX batteries are to be replaced per the manufacturer’s recommendations. 2. Panels The interior of the Andover Control Panels will be checked for dust and debris and cleaned. The TAC workstation will be checked for dust build-up and cleaned. 3. Temperature Sensors; Space Duct and Well All temperature sensors are checked by software and or handheld indicator to verify the actual temperature. 4. Humidity Sensors All humidity, CO2, CO, and Smoke sensors will be checked by the manufactures specifications. A hand held indicator/calibrator or test kit will be used to test and calibrate, if necessary. 5. Transducers and Safety Devices The pressure for each transducer will be checked at the field panel and compared to the reading at the device. Transducers shall be tested for proper operation and calibration in relation to the device they are controlling. I.e. valves, dampers, etc. Low Limit Thermostats will be tested. High and Low Static safety devices will be checked. 6. Chillers and Boiler Software A Schneider Electric Technician will observe the operation of these systems. The set point to the temperature reading for chilled water; hot water for the converter and perimeter will be examined. 127 of 312 Schneider Electric | Buildings Business Page 3 of 11 7. Supply Fan Software The operation of each supply fan will be observed by a Schneider Electric Technician. Each set point in respect to the temperature reading or static pressure for the discharge air, mixed air, return air, hot deck, cold deck, space temperature and fan static will be examined, if applicable. 8. Mixed Air Control A Schneider Electric Technician will visually check position of fan dampers. Schneider Electric will monitor mixed air temperature and change mixed air temperature to watch modulation of dampers. 9. Supply Fan Status Devices A Schneider Electric Technician will shut off each individual fan and verify that Andover has checked a loss of airflow. If the Status device does not respond, an Schneider Electric Technician will calibrate to check and adjust the cut off set point, then test it again. 10. Pump Status Devices A Schneider Electric Technician will shut off one pump at a time. The Andover software will be checked to see if it received a loss of water flow. If needed, the device will be calibrated and the test will be performed again. 128 of 312 Schneider Electric | Buildings Business Page 4 of 11 Full Agreement Overview City of Evanston Corrective Maintenance and Component Replacement Coverage: The main objective of this service agreement is to ensure your TAC system and equipment operates with optimal efficiency. During the course of executing the maintenance tasking procedures, our technicians are trained to identify impending problems and repair them before they cause unplanned downtime. Remote Technical Service Support: Includes support over the telephone during normal business hours: Monday – Friday 8 am - 5 pm. This will provide engineers priority access to remote technical support personnel when they are unsure of system operation or detect a problem. Off-Hours Technical Telephone Support: Includes support over the telephone after hours Monday through Friday, Saturday, Sunday and Holidays if no physical response if required. Demand Service Call Coverage: Beyond the scheduled inspections, Schneider Electric will provide scheduled demand service calls during normal business hours Monday – Friday 8 am - 5 pm, to minimize downtime. Emergency Call Coverage: Even with the comprehensive care provided in this program, occasional failures can occur. Schneider Electric will be available for emergency response between scheduled visits, Monday through Sunday, including holidays, 24 hours per day, to minimize downtime. Emergency after hours calls are priced at a discount to you with this contract. The additional charges for emergency calls will be billed at the premium rate less the preferred hourly rate. Database Protection: Schneider Electric will back up your system files and database during each quarterly scheduled service visit. A copy of this backup will be stored on-site as well as at Schneider Electric’s branch location. Scheduled database back-ups are designed to significantly reduce downtime in the event of a database or hardware failure. Service Documentation: We will document all scheduled and unscheduled service work showing the time, date, name of service technician, and equipment identification and brief description of work. Hardware Repair Service: There is no charge to replace any worn, failed or doubtful component listed on the attached equipment list during normal or off business hours. Software Revisions: Any minor software revision requested to original installed points will be programmed by Schneider Electric Software specialists at no additional charge. Major changes will be charged per quote at the Schneider Electric preferred hourly rate. Performance Assurance Program: Schneider Electric will meet with you annually or more frequently upon request, to evaluate and make modifications, if necessary, to this maintenance program in order to ensure that it continues to meet both your business and technical requirements. 129 of 312 Schneider Electric | Buildings Business Page 5 of 11 BAS Work Description Summary Procedure #1: Service Maintenance for Host Computer Workstation Task Hardware: Apply hardware firmware updates Hardware: Check cable connections Hardware: Check hardware for signs for preemptive failure Hardware: Restart System Operating System: Apply Windows Updates Operating System: Apply Service Packs Operating System: Check system logs Operating System: Check memory resource allocation Operating System: Check disk resource allocation Operating System: Defragment disks *Anti-Virus: Verify definitions *Anti-Virus: Run full system scan * If Anti-Virus is not installed or current, Schneider Electric can install, renew and maintain existing or new Anti-Virus software at an additional cost. Procedure #2: Service Maintenance for Schneider Electric Controller Taps / Modems Task Check operation of TAP and modem communication Check all cables and connectors Connect to all nodes on the Controller and Sub LAN to record functional abnormalities Check and verify third party communication software via dialing into site Complete report 130 of 312 Schneider Electric | Buildings Business Page 6 of 11 Procedure #3: Review of System Operation Task Check alarm file and PC summary for any points in alarm mode Check PC summary for points in test mode Check PC summary for points in manual mode Check PC summary for any ‘old data’ Check PC summary for any points inhibited Check messages file for the following message types: Command errors, Test on / off points, Manual on / off, Station restore, Host / Link / PC / LAN reconfigure Station Save on each controller and create backup of system (archive files) Complete report Procedure #4: Service Maintenance for Temperature and Humidity Calibration Task Prior to any work being executed, Schneider Electric will seek approval from maintenance operator Schneider Electric will coordinate with operator to determine any problem areas Once the operator has submitted temperature / humidity problem list, Schneider Electric will verify readings Schneider Electric will place certified thermometer / % RH meter at location of sensor Allow settling time before taking final reading Compare actual measured reading to controller reading Record offset of point Verify and adjust to within 1 degree or 5% of % RH Check system is fully operational and acknowledge any alarms Complete report 131 of 312 Schneider Electric | Buildings Business Page 7 of 11 Procedure #5: Service Maintenance for Power Fail Restart Sequences Task Prior to any work being executed, Schneider Electric will seek approval from maintenance operator Make notation of existing controller set points Verify Event Sequence (Create this sequence if it does not exist) Make necessary changes to Event Sequence for proper restore action Complete report Required equipment: Computer Procedure #6: Service Maintenance for DDC Controllers Task Prior to any work being executed, Schneider Electric will seek approval from maintenance operator Check all DC and AC Power supplies for proper voltage levels Verify controller operation and communication on LAN Visually inspect circuit boards Clean Controller Panel Verify panel I/O schedule is correct Inspect panels, cabling and connections for damage and corrosion Complete report 132 of 312 Schneider Electric | Buildings Business Page 8 of 11 Maintained TAC Equipment City of Evanston Schneider Electric will check those field devices, controllers, and network elements as indicated below. This is recommended for all sites to maintain original condition of installed and commissioned systems. This is accomplished by providing the necessary testing and calibration, identifying defects and potential problem areas, and reducing the likelihood that emergencies will occur. QUANTITY EQUIPMENT DESCRIPTION LOCATION 01 CX9900 w/Modem Master Controller Levy Senior Center 01 LCX810 Infinet Controller Levy Senior Center 43 TCX865 Infinet Controllers Levy Senior Center 03 TCX845 Infinet Controllers Levy Senior Center 01 CMX240 w/Modem Master Controller Chandler-Newberger 04 TCX851 Infinet Controllers Chandler-Newberger 05 TCX865 Infinet Controllers Chandler-Newberger 04 EMX155 Expansion Modules Chandler-Newberger 01 EMX150 Expansion Module Chandler-Newberger 01 AC256 w/Modem Master Controller Robert Crown Ice Arena 01 IOU Board Input/Output Controller Robert Crown Ice Arena 01 CX9900 w/Modem Master Controller Firehouse # 3 02 LCX810 Infinet Controllers Firehouse # 3 14 I2865 Infinet Controllers Firehouse # 3 01 TCX852 Infinet Controllers Firehouse # 3 02 EMX160 Expansion Modules Firehouse # 3 01 EMX150 Expansion Module Firehouse # 3 01 CX9900 NetController Boiler Room 01 PS120/240-AC85 Power Supply Boiler Room 01 I2814 Infinet Controller Boiler Room 01 CX9900 NetController 8 Nodes Fleetwood Jordain 02 I2920 Infinet Controllers Fleetwood Jordain 02 I2810 Infinet Controllers Fleetwood Jordain 01 BCX1 Master Controller Civic Center Cooling Twr 01 I2814 Infinet Controller Civic Center Cooling Twr 01 I2810 Infinet Controller Civic Center Cooling Twr 133 of 312 Schneider Electric | Buildings Business Page 9 of 11 01 bCX9640 Master Controller Firehouse #5 14 I2865 Infinet Controller Firehouse #5 02 I2810 Infinet Controller Firehouse #5 01 I2857 Infinet Controller Firehouse #5 01 I2920 Infinet Controller Firehouse #5 01 I2814 Infinet Controller Firehouse #5 FULL SERVICE AGREEMENT SUMMARY City of Evanston  Emergency calls after hours are priced at a discount to you with this contract. The additional charges for emergency calls will be billed at the premium rate less the preferred hourly rate.  Includes 9 – (8) hour scheduled maintenance visits by a Schneider Electric Technician, Programmer, Network Specialist, or other technical Schneider Electric resource as appropriate for task completion.  Beyond the scheduled inspections, Schneider Electric will provide scheduled demand service calls during normal business hours Monday – Friday 8 am - 5 pm, to minimize downtime.  There is no charge to replace any worn, failed or doubtful component listed on the attached equipment list during normal or off working hours.  No corrective measures or repairs will be performed without Owner authorization to proceed.  Includes unlimited technical phone support during normal and off business hours.  Master controller backup batteries are included in the agreement and are replaced per the manufacturer’s recommendations.  A Schneider Electric I.T. representative will be scheduled quarterly for on-site backups. The backups are put on DVD and kept off-site in Schneider Electric storage.  All off-site hour activities will be documented and communicated for owner tracking.  Purchaser agrees to pay the seller in advance the sum of $6,258.00 per quarter throughout the terms of this agreement. Full Service Agreement Annual Pricing for year $25,032.00 This is less than a 3% increase. 134 of 312 Schneider Electric | Buildings Business Page 10 of 11 CUSTOMER ACCEPTANCE City of Evanston This agreement shall remain in effect for the period of January 1, 2015 through December 31, 2015 from the date of acceptance and shall be renewable upon the authorization of both parties. Schneider Electric Buildings Business may withdraw the above quotation if not accepted within thirty (30) days. CITY OF EVANSTON ACKNOWLEDGES THAT HE/SHE HAS READ AND UNDERSTANDS THIS AGREEMENT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. FURTHER, THE CITY OF EVANSTON AGREES THAT THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES, WHICH SUPERSEDED ALL PROPOSALS, OR PRIOR AGREEMENTS, ORAL OR WRITTEN AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. Seller’s Acceptance Owner/Authorized Agent’s Acceptance Schneider Electric By: By: Title: Title: Date: Date: 135 of 312 Schneider Electric | Buildings Business Page 11 of 11 136 of 312 Master Service Agreement TERMS AND CONDITIONS A. Planned and / or routine maintenance services provided under this agreement will be performed during normal working hours unless specifically stated in the contract. B. The guarantees and services provided under the scope of this agreement are conditioned upon City of Evanston operating and maintaining systems / equipment. City of Evanston will do so according to industry-accepted practices and in consideration of our recommendations. C. City of Evanston will provide and permit reasonable access to all covered equipment. Schneider Electric Buildings Americas Inc. (hereinafter “Company”) will be allowed to start and stop equipment as necessary to perform its services and be permitted use of existing facilities and building services, after the technician has verbally notified the customer that he has arrived on the premise. D. The Company shall not be liable for any loss, delay, injury or damage that may be caused by circumstances beyond its control including, but not restricted to acts of God, war, civil commotion, acts of government, fire, theft, corrosion, floods, lightning, power fluctuations, freeze-ups, strikes, lockouts, differences with workmen, riots, explosions, quarantine restriction, delays in transportation, shortage of vehicles, fuel, labor or materials, or malicious mischief. E. In the unlikely event of failure by the Company to perform the obligations in this contract, the Company’s liability is limited to repair or replacement of product at its option, and such shall be City of Evanston sole remedy. Under no circumstances will the Company be responsible for loss of use, loss of profits, increased operating or maintenance expense, claims of City of Evanston tenants or clients, or any special, indirect or consequential damages. F. The agreement does not include responsibility for system design deficiencies, such as, but not limited to, poor air distribution, water flow imbalances, etc. It does not include responsibility for system, equipment and component obsolescence, electrical failures, nor unserviceable equipment such as ductwork, boiler shell and tubes, unit cabinets, boiler refractor material, electrical wiring, hydronic or pneumatic piping, structural supports, etc. Manual operation of equipment or systems is also excluded from this coverage, unless clearly included by amendment. G. The Company is not responsible for the removal or disposal of any hazardous materials or any cost associated with those materials unless otherwise specified in this agreement. Any charges incurred for their proper disposal will be born by the customer and will be incremental to the contract price. H. The agreement does not include repairing any damage resulting from improper / inadequate water treatment or filter service not supplied by the Company. I. This agreement does not include services occasioned by improper operation, negligence, vandalism, or alterations, modifications, abuse, or misuse, or repairs to equipment not performed by the Company. Also excluded is the furnishing of materials and supplies for painting or refurbishing equipment. J. The Company shall not be required to furnish any items of equipment, labor, or make special tests recommended or required by insurance companies, federal, state, municipal or other authorities except as otherwise included in this agreement. K. This agreement does not include the cleaning of any air passages, grilles, or air balancing of systems. L. In the event either party must commence a legal action in order to enforce any rights under this contract, the successful party shall be entitled to all court costs and reasonable attorney’s fees as determined by the court for prosecuting and defending the claim, as the case may be. Venue for any and all disputes shall be in Dallas, Texas. This agreement shall be governed by the laws of the State of Texas including the Texas rules of conflict of law. M. The Company shall not be liable for the operation of the equipment nor for injuries to persons or damage to property, except those directly due to the negligent acts or omissions of its employees and in no event shall it be liable for consequential or speculative damages. The Company shall not be liable for expense incurred in removing, replacing or refinishing any part of the building structure necessary to the execution of this agreement. The Company shall not be held liable for any loss by reason of strikes or labor troubles affecting its employees who perform the service called for herein, delays in transportation, delays caused 900512MSA 10/01/09 137 of 312 by priority or preference rating, or orders or regulations established by any government, authority, or by unusual delays in procuring supplies or for any other cause beyond its reasonable control. N. Only the Company’s personnel or agent are authorized to perform the work included in the scope of this agreement. The Company may, at its option, cancel its obligations under this agreement should non- authorized individuals perform such work. O. This agreement and all rights hereunder shall not be assignable unless approved by the Company in writing. P. In the event of additional freight, labor, or material costs resulting from City of Evanston request to avoid delays with respect to equipment warranties, or accelerated delivery of parts and supplies, City of Evanston agrees to pay these additional costs at the Company’s currently established rate. Q. The Company’s scope of work shall not include the identification, detection, abatement, encapsulation or removal of asbestos or products or materials containing asbestos or similar hazardous substances. In the event the Company encounters such material in performing its work, the Company will have the right to discontinue work and remove its employees until the hazard is corrected by City of Evanston or it is determined no hazard exists. R. This agreement contains the entire contract and the parties hereby agree that this agreement has been agreed to and the entire agreement is then accepted and approved by an authorized person for both parties, and no statement, remark, agreement or, understanding, oral or written, not contained herein, will be recognized or enforced. S. This agreement does not include the disposal of hazardous waste. T. City of evanston agrees that in the event that there shall have been passed a federal and / or state law, which shall compel the Company to contribute to a federal and / or state health plan for its employees, then the terms of this agreement shall be subject to adjustment to the extent that the cost of such mandated contributions increase the Company’s cost to perform this contract. U. City of Evanston acknowledges and agrees that any purchase order issued by City of Evanston, in accordance with this agreement, is intended only to establish payment authority for City of Evanston internal accounting purposes. No purchase order shall be considered to be a counteroffer, amendment, modification, or other revision to the terms of this agreement. No term or condition included in the City of Evanston purchase order will have any force or effect. V. The Buyer acknowledges that the Company’s employees are valuable assets to the Company. The Buyer agrees to pay the Company an amount equal to 12 months of salary for each the Company employee who worked at City of Evanston facility that is then hired by City of Evanston at any time during the term of this agreement and for six months thereafter. In addition, City of Evanston agrees to reimburse the Company for all costs associated with any training the Company provided to such employees during the three years before the date City of Evanston hires such employees. W. This master service agreement will be for a term of one (1) year from the date hereof and from year to year thereafter until terminated. Either party may terminate this agreement at any time with 90 days written notice, with or without cause, provided, however, that if City of Evanston cancels this agreement without due cause during the term of this agreement, City of Evanston shall pay the Company 25% of the annual price in addition to any previous amounts paid. The annual price of the service agreement shall be escalated at the anniversary of this agreement to reflect increases in labor and material costs as well as system expansion. X. This agreement excludes repair of pre-existing conditions that are required to place this equipment into proper operating condition upon acceptance of this agreement. 900512MSA 10/01/09 138 of 312 For City Council meeting of June 22, 2015 Item A3.7 Business of the City by Motion: Supplemental Pavement Patching For Action To: Honorable Mayor and Members of the City Council Members of the Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Jim Maiworm, Assistant Director of Public Works for O & M Subject: Approval of Participation in a Joint Contract for Pavement Patching Date: June 10, 2015 Recommended Action: Staff recommends City Council approval to participate in a contract award through the Municipal Partnering Initiative (MPI) for Pavement Patching services. The successful contract award is to Johnson Paving, Arlington Heights Illinois in the amount of $150,000. Funding Source: Funding for this program will be from the Capital Improvement Fund account (415.26.4150.65515) of which has $150,000 budgeted for the supplemental patching program. . Due to this favorable pricing, staff will also continue to examine additional funding for additional patching later this summer and if available will provide a supplementary request to the City Council Summary: In April 2015, staff from the MPI solicited bids for pavement patching services. The proposed contract was for a one-year period. Below are the results of the bid tabulation for the style of patching specified by City staff. Contractor UOM Unit Cost JA Johnson Paving, Arlington Heights IL SY $22.25 Chicagoland Paving, Lake Zurich, IL SY $22.50 Alamp Concrete, Schaumburg, IL SY $40.00 Peter Baker, Lake Bluff, IL SY $50.00 Memorandum 139 of 312 The Municipal Partnering Initiative is a collection of 18 municipal governments and agencies from North Shore and Northwest Suburban areas that solicit bids for the group with the objective of securing better pricing thru increased volume. Last year the City paid 25.50 per foot total cost for the patching program and patched just over 10,000 square yards of pavement. This year’s price of 22.25 will allow the City to patch additional square yards. Due to this favorable pricing staff will continue to explore additional funding to increase the patching program as it provides an efficient extension to the life of many streets. This process will help the City to continue to maintain many streets with reduced debt service costs associated with total replacement. Staff is not recommending an increase in the program at this point due to the higher than anticipated project costs for the CIP I and CIPII (still pending) resurfacing costs. If funds are available after a review of the entire CIP, to be done after the 2nd quarter financial report, a supplemental request will be presented to the City Council. The City of Evanston carefully considers the use of the Cooperative Bidding Programs as many of the communities that we collectively bid with do not have M/W/EBE or Local Employment Programs. Given the critical need for infrastructure maintenance and limited resources for this maintenance, staff recommends we utilize the MPI bid for this year. Staff recommends approval to award the patching contact to J A Johnson Paving of Arlington Heights. Participation in the contract would allow the City to provide supplemental asphalt patching of distressed pavement throughout the City. A preliminary list of marking locations is enclosed. Additional locations may be added as conditions require and budget allows. Attachment Map of Preliminary Locations Page 2 of 2 140 of 312 ! ! !!! ! !! !! ! !! !! !! ! !! ! !!! ! ! ! ! ! ! ! !! !!! ! ! ! !! ! !! !!! ! ! ! ! ! !! ! ! ! !! ! ! ! ! !! ! !! ! ! !! ! !! ! !NORTH SHORE CHANNELNORTH SHORE CHANNELLAKEMICHIGANMcCORMICK BLVDSH E R IDAN RD PARK PL ASHLAND AVEDODGE AVEHURD AVEGIRARD AVELEE STOAK AVE SHERIDAN PL RIDGE CTG R E E N B A Y R D THAYER ST PRATT CTGRANT JENKS ST HAVEN ST PAYNE ST LEON PL P O P L A R A V E GREY AVEHARRISON ST PR A I R I E A V E REBA PL COLFAX ST LEMAR AVEMARCY AVEDAVIS ST MAPLE AVEHARTZELL ST LIBRARY PL SIMPSON ST CLYDE AVEBROWN AVEGREELEYPITNER ALYLAUREL AVEHINMAN AVEDEWEY AVEEWING AVECOWPER AVEKIRK STHOVLAND CTJUDSON AVEGARRETT PLARBORLN FOREST AVEINGLESIDE PK GREY AVEST. MARK'S CTEMERSON ST CAMPUS DRSHERMAN AVEWILDER ST MILBURN PKGARRISON AVETHELIN CT FOREST PLASBURY AVEMICHIGAN AVEWESLEY AVELELAND AVECENTRAL ST CALLAN AVERIDGE TER HULL TER HOWARD ST ISABELLA ST GROSS POINT RDCUSTER AVEEMERSON ST LYONS ST FOWLER AVECLARK S T DARROW AVEPIONEER RDHASTINGS AVEHARTREY AVEBRUMMEL STPRINCETON AVEPROSPECT AVEHAMLIN ST PAYNE ELM AVECASE PLRIDGEWAY AVEMULFORD ST MICHIGAN AVELAWNDALE AVECHURCH S T CRAIN ST DEMPSTER STJACKSON AVEKEDZIE ST CLINTON PL McDANIEL AVEELMWOOD AVESEWARD ST ROSLYN P L E A S T R A I L R O A D A V E FLORENCE AVEBENSON AVESHERMAN PL CULVER FORESTVIEW RDMARTHA LNHAWTHORNE LN WADE CT BROWN AVECROFT LN COLFAX TER BROWNGREYBRI D G E ST CALVIN CIR BROWN AVERICHMOND AVENORMANDY PL WOODLAND RD ELINOR PL KEENEY ST SOUTH BLVD HAMILTON ST GREENWOOD ST UNIVERSITY PLREESE AVEBRUMMEL PL GAFFIELD PLLINCOLNWOOD DRCRAWFORD AVELEONARD PLCENTRAL PARK AVEBENNETT AVEMADISON PL BRADLEY PL GREENLEAF STWALNUT AVEROSALIE ST BURNHAM PL WARREN STLIVINGSTON WASHINGTON ST CLEVELAND ST MONTICELLO PL NATHANIEL PL HARVARD TERWOODBINE AVEMAPLE AVEDOBSON STDEWEY AVEDARROW AVEDEWEY AVEINGLESIDE PL RIDGE AVEASBURY AVEFOWLER AVEHARTREY AVECASE ST SOUTH BLVD ASHLAND AVESHERMAN AVELYONS ST STE W A R T A V EMARCY AVEWELLINGTON CTCLEVELAND ST MONROE ST LINDEN PL LAKE SHORE BLVDKNOX CIRHILLSIDE LN TRINITY CT SHERIDAN SQEDGEMERE CTG R E E N B A Y R D GARNETT PL CENTRAL ST HARRISON RIDGEAVEPAYNE ST WESLEY AVECHURCH ST HARTZELL ST P R A I R I E A V E DODGE AVEOAKTON ST SOUTH BLVD CRAINMcDANIEL AVEPITNER AVELEE ST ASHLAND AVEGROVE ST FOSTER ST ASBURY AVEBARTON AVEGRANT ST BRYANT AVEJUDSON AVESHERMAN AVECOLFAX ST ISABELLA ST DAVIS ST MAIN ST RIDGE AVEASBURY AVET H A Y E R C T THAYER ST ISABELLA ST HAYES DARTMOUTH PL COLFAX PL THAYERTHAYERST C R A W F O R D LINCOLNWOOD DRLIVINGSTON ST CHANCELLOR ST CHANCELLORLIVINGSTON MILBURN ST LAKESIDE CT EUCLIDPARK PL WESLEYCLARK STLYONS ST GREY AVEDEWEY AVEPAYNE ST MAIN STDODGE AVECENTRAL ST McDANIEL AVEEWING AVESHERIDAN RDBRUMMEL STPITNER AVELINCOLN ST HINMAN AVE SEWARD ST WESLEY AVECENTRAL ST KEENEY ST RIDGE AVEOAK AVEJACKSONSHERMAN AVEDOBSON ST LINCOLN ST SEWARD STDARROW AVEGREY AVEPARK PL NOYES ST LAKE ST THAYER ST WASHINGTON ST LAKE STMcDANIEL AVEBROWN AVEAUSTIN STASHLAND AVEWESLEY AVETECH DR NOYES CTHAMPTON PKYOTTO LNBERNARD PLMEADOW-LARK LNRIDGE AVEELGI N R D ELMWOOD AVECOLFAX ST HINMAN AVESIMPSON ST WESLEY AVEOAKTON ST SHERIDAN RD SHERIDAN RD DEMPSTER ST GREY AVELEE ST SIMPSON ST CHICAGO AVECHICAGO AVEBENNETT AVEMADISON ST KEENEY STOAKRIDGE AVESHERIDAN RDGRANT ST ASBURY AVEGROVE S T ELG I N R D FLORENCE AVEFOREST AVEDODGE AVEFOSTER ST MULFORD ST GREENLEAF ST HILLSIDE RD HARTREY AVEHARTREY AVEGREY AVEARNOLD PLPITNER AVELINCOLN ST McCORMICK BLVDFOSTER STGREENWOOD ST CALLANPARK PL JUDSON AVE NOYES ST DARROW AVEASHLAND AVEHARRISON ST HOWARD ST NOYES GLENVIEW RD PRINCETONCLIFFORD ST HIGHLAND AVELAWNDALE AVEDARTMOUTH PL ARTSCIRCLE DRORRINGTON AVEEASTWOOD AVEBROADWAY AVEWASHINGTON ST NORTHWESTERNPL DRYDEN PL 700400 500300600 800200 900 1002600 1700 310012001900 1000 130014002200 2300 11001800280015003600 20002400 2700 34002100 250029001600300032003300 300600 2800 1900 1000 2700 400 2500 1400 800 1700 1600 700220024001400 200500 140020023002000 700 8002600 1200 22001500 16001200100 150013001002900190010005002100 220024001100 1100 2001300 28001000120026001500 2300 1800 2000700 300 900600400240025002000 13001800 300 800 6001100100 500 25002700 1600 17003500260017001800900190090021002300210040038003700!Patching Spots (contracted) Sand Mix Patching (in-house) Main Road Local Street Railroad Water City Boundary 0 0.5 10.25 Mile 1:31,680 1 inch = 0.5 mile 2015 Patching Program 6/8/2015 This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. Patching2015.mxd ´ 141 of 312 For City Council meeting of June 22, 2015 Item A3.8 Business of the City by Motion: Church Street Boat Ramp Improvements For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Sat Nagar, P.E., Assistant Director of Public Works Stefanie Levine, PLA, Senior Project Manager Public Works Subject: Contract Award Recommendation to Kovilic Construction Co. Inc., for the Church Street Boat Ramp Improvement Project, Bid #15-29 Date: June 22, 2015 Recommended Action: Staff recommends City Council authorize the City Manager to execute a contract for the Church Street Boat Ramp Improvement Project with Kovilic Construction Co. Inc., located at 3721 N. Carnation Street, Franklin Park, Illinois 60131, in the amount of $613,027.00. Funding Source: FY 2015 CIP (Church Street Boat Ramp, Acct #415.26.4150.65515/416127): $470,000 FY 2015 CIP (IDNR BAAD Grant, Acct #415.26.4150.65515/416127): $200,000 Total Funding: $670,000 Summary: Consultant SmithGroup JJR has prepared construction documents to repair the Church Street Boat Ramp. Improvements incorporated in the construction documents include: 1. Ramp: extension and repair of the existing ramp including a new floating dock for use during launch and retrieval efforts; 2. Catwalk: modification of the existing catwalk to eliminate the deteriorated steel decking and installation of a secondary temporary docking system for staff boats; 3. North Pier: replacement of the existing railing system, installation of a protective aggregate overlay to the concrete deck and installation of bench seating; and 4. South Pier: modification of the existing pier to eliminate the steel decking, rub strakes and ladders and installation of barricade fencing on the pier abutment. On April 23, 2015 the City issued bid documents for the project and on May 19, 2015 the City received and publicly read three (3) bids. Bid results were as follows: Memorandum 142 of 312 Contractor Base Bid Kovilic Construction Co. Inc. 3721 N. Carnation Street Franklin Park IL 60131 $969,652 Rausch Infrastructure, Llc 8700 W. Bryn Mawr Ave, Suite 830N Chicago, IL 60631 $985,518 Schaefges Brothers, Inc. 851 Seton Court, Suite 2A, Wheeling, IL 60090 *$1,593,590 *Corrected total Pricing for this work is substantially over the engineer’s estimate and the project budget. Staff recommends elimination of several items not required by the Illinois Department of Natural Resources (IDNR) Grant. All the work on north pier which is not required now is being recommended for elimination and the secondary temporary docking system proposed for the catwalk is also being eliminated to reduce the cost. These revisions to the bid items are noted on attached bid tabulation. The necessary safety improvements required by the IDNR and recommended by the project consultant are included as part of the contract. Staff recommends that the base bid be awarded to Kovilic Construction Co. Inc. for a total amount of $613,027.00 as the lowest responsive and responsible bidder. Consultants have contacted Kovilic Construction Co. Inc. references and received feedback indicating that Kovilic is very responsive and provides high quality work. Kovilic’s identified construction manager for this project received particularly high remarks from reference contacts. Kovilic is initially compliant with LEP and partially compliant with M/W/EBE (3% of the 25% goal). The partial M/W/EBE compliance is due in part to the fact that the City has recommended elimination of portions of the work which Kovilic indicated would be performed by an M/W/EBE subcontractor. In subsequent discussions with Kovilic regarding their limited participation, Kovilic has indicated that following bid award they will add additional M/W/EBE subcontractors to their contract in order to achieve the City’s M/W/EBE goal. The second lowest bidder also requested a partial waiver of the City’s M/W/EBE program. A breakdown of funding for this project is as follows: Account Summary Project Funding (detailed above) $670,000.00 *Encumbrances / expenditures to date -$43,840.00 Recommended bid award -$613,027.00 Balance Remaining $13,133.00 * Encumbrances / expenditures to date include consulting and permit fees (Consulting fees were previously approved by the City Council). Construction of this project is scheduled to begin in September 2015. The current substantial completion deadline is November 13, 2015. 143 of 312 Attachments: Bid Tabulations M/W/EBE /LEP Memo 144 of 312 City of Evanston Bid Tabulation Bid #15-29 - Church Street Boat Ramp Improvements Unit Pricing Modification ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 General Conditions LS 1 22,750.00$ 22,750.00$ 108,120.00$ 108,120.00$ 17,000.00$ 17,000.00$ 284,980.75$ 284,980.75$ 2 Construction Layout LS 1 5,000.00$ 5,000.00$ 10,000.00$ 10,000.00$ 7,000.00$ 7,000.00$ 4,686.00$ 4,686.00$ 3 Project Construction Sign EA 1 200.00$ 200.00$ 1,000.00$ 1,000.00$ 2,000.00$ 2,000.00$ 3,191.00$ 3,191.00$ 4 Construction Fence and Gated Access LF 412 13.00$ 5,356.00$ 15.00$ 6,180.00$ 16.00$ 6,592.00$ 8.18$ 3,370.16$ 5 Turbidity Curtain LF 175 27.00$ 4,725.00$ 50.00$ 8,750.00$ 35.00$ 6,125.00$ 1.10$ 192.50$ 6 Silt Fence LF 109 3.50$ 381.50$ 5.00$ 545.00$ 20.00$ 2,180.00$ 13.14$ 1,432.26$ 7 Sheetpile Cofferdam LF 175 560.00$ 98,000.00$ 850.00$ 148,750.00$ 1,000.00$ 175,000.00$ 2,181.00$ 381,675.00$ 8 Dewater Boat Ramp LS 1 3,000.00$ 3,000.00$ 5,000.00$ 5,000.00$ 70,000.00$ 70,000.00$ 17,911.00$ 17,911.00$ 9 Concrete Ramp Section Removal CF 69 90.00$ 6,210.00$ 20.00$ 1,380.00$ 98.00$ 6,762.00$ 61.75$ 4,260.75$ 10 12" Concrete Pavement and 9" Aggregate Base Removal SY 99 36.00$ 3,564.00$ 45.00$ 4,455.00$ 125.00$ 12,375.00$ 79.40$ 7,860.60$ 11 Curb and Gutter Removal LF 72 3.00$ 216.00$ 20.00$ 1,440.00$ 50.00$ 3,600.00$ 29.55$ 2,127.60$ 12 4" Asphalt Pavement and 12" Aggregate Base Removal SY 73 2.00$ 146.00$ 27.00$ 1,971.00$ 78.00$ 5,694.00$ 43.87$ 3,202.51$ 13 Steel Grating and Brackets Removal SF 3066 4.00$ 12,264.00$ 5.00$ 15,330.00$ 12.00$ 36,792.00$ 8.14$ 24,957.24$ 14 Wood Rub Strakes and Brackets Removal EA 123 20.00$ 2,460.00$ 25.00$ 3,075.00$ 140.00$ 17,220.00$ 25.20$ 3,099.60$ 15 Wood Piles Removal EA 36 200.00$ 7,200.00$ 150.00$ 5,400.00$ 600.00$ 21,600.00$ 755.00$ 27,180.00$ 16 Concrete Pile Support Removal EA 1 500.00$ 500.00$ 5,000.00$ 5,000.00$ 3,700.00$ 3,700.00$ 6,066.00$ 6,066.00$ 17 Gabion Basket Removal EA 9 100.00$ 900.00$ 500.00$ 4,500.00$ 785.00$ 7,065.00$ 384.00$ 3,456.00$ 18 Boulder Removal and Relocation EA 1 200.00$ 200.00$ 500.00$ 500.00$ 450.00$ 450.00$ 1,213.00$ 1,213.00$ 19 Chain link Gate and Post Removal EA 0 500.00$ -$ 1,000.00$ -$ 450.00$ -$ 1,644.00$ -$ 20 Post and Cable Railing Removal LF 0 4.00$ -$ 5.00$ -$ 2.00$ -$ 40.00$ -$ 21 Earth Excavation CY 140 50.00$ 7,000.00$ 100.00$ 14,000.00$ 100.00$ 14,000.00$ 112.00$ 15,680.00$ 22 Non-Special / Special Waste Disposal CY 90 40.00$ 3,600.00$ 100.00$ 9,000.00$ 90.00$ 8,100.00$ 133.00$ 11,970.00$ 23 Soil Disposal Analysis LS 1 10,000.00$ 10,000.00$ 2,500.00$ 2,500.00$ 2,500.00$ 2,500.00$ 4,686.00$ 4,686.00$ 24 Cut Sheetpiling at Grade LF 175 40.00$ 7,000.00$ 140.00$ 24,500.00$ 110.00$ 19,250.00$ 405.00$ 70,875.00$ 25 8" CIP Reinf. Concrete Ramp Extension SF 1006 15.00$ 15,090.00$ 15.00$ 15,090.00$ 26.00$ 26,156.00$ 26.18$ 26,337.08$ 26 5" CIP Concrete Ramp Overlay SF 1278 10.00$ 12,780.00$ 10.00$ 12,780.00$ 17.00$ 21,726.00$ 21.68$ 27,707.04$ 27 CIP Concrete Ramp Overlay Transition SF 230 15.00$ 3,450.00$ 15.00$ 3,450.00$ 18.00$ 4,140.00$ 18.12$ 4,167.60$ 28 CIP Reinf. Concrete Ramp Overlay along South Pier SF 330 15.00$ 4,950.00$ 15.00$ 4,950.00$ 17.00$ 5,610.00$ 24.16$ 7,972.80$ 29 CIP Reinf. Curb Along Boat Ramp LF 90 30.00$ 2,700.00$ 50.00$ 4,500.00$ 30.00$ 2,700.00$ 74.84$ 6,735.60$ 30 Dowelled Expansion Joint at Boat Ramp LF 48 8.00$ 384.00$ 100.00$ 4,800.00$ 48.00$ 2,304.00$ 31.00$ 1,488.00$ 31 CIP Reinforced Concrete Pavement SF 747 8.00$ 5,976.00$ 15.00$ 11,205.00$ 24.00$ 17,928.00$ 17.63$ 13,169.61$ 32 CIP Reinforced Concrete Sidewalk SF 82 8.00$ 656.00$ 10.00$ 820.00$ 18.00$ 1,476.00$ 27.77$ 2,277.14$ 33 CIP Roadway Curb and Gutter LF 124 25.00$ 3,100.00$ 40.00$ 4,960.00$ 30.00$ 3,720.00$ 62.83$ 7,790.92$ 34 Asphalt Pavement SY 77 40.00$ 3,080.00$ 45.00$ 3,465.00$ 95.00$ 7,315.00$ 131.00$ 10,087.00$ 35 Pavement Striping LF 1133 1.50$ 1,699.50$ 2.00$ 2,266.00$ 3.00$ 3,399.00$ 2.88$ 3,263.04$ 36 Epoxy Aggregate Surface Overlay SF 0 5.00$ -$ 12.00$ -$ 14.00$ -$ 11.00$ -$ 37 North Floating Dockage LS 0 40,200.00$ -$ 111,750.00$ -$ 85,000.00$ -$ 110,000.00$ -$ 38 South Floating Dockage LS 1 42,800.00$ 42,800.00$ 111,750.00$ 111,750.00$ 90,000.00$ 90,000.00$ 115,000.00$ 115,000.00$ 39 Concrete Abutments for Floating Dockage CY 20 350.00$ 7,000.00$ 1,000.00$ 20,000.00$ 570.00$ 11,400.00$ 733.00$ 14,660.00$ 40 Steel Steetpile Cap LF 33 60.00$ 1,980.00$ 200.00$ 6,600.00$ 100.00$ 3,300.00$ 120.00$ 3,960.00$ 41 42" High Fence LF 120 75.00$ 9,000.00$ 75.00$ 9,000.00$ 103.00$ 12,360.00$ 89.41$ 10,729.20$ 42 6'-0" High Double Leaf Gate EA 0 1,200.00$ -$ 3,000.00$ -$ 4,000.00$ -$ 3,766.00$ -$ 43 Bollard Post EA 0 262.00$ -$ 500.00$ -$ 525.00$ -$ 452.00$ -$ 44 Chain Railing between Bollard Posts LF 0 10.00$ -$ 20.00$ -$ 25.00$ -$ 16.71$ -$ 45 Chain Railing between Fence Posts LF 0 10.00$ -$ 20.00$ -$ 31.00$ -$ 70.05$ -$ 46 Bench EA 0 2,750.00$ -$ 3,000.00$ -$ 4,000.00$ -$ 5,825.00$ -$ 47 Reflector EA 2 100.00$ 200.00$ 200.00$ 400.00$ 60.00$ 120.00$ 1,434.00$ 2,868.00$ 48 Sign EA 2 250.00$ 500.00$ 250.00$ 500.00$ 245.00$ 490.00$ 1,434.00$ 2,868.00$ 49 Riprap TON 55 35.00$ 1,925.00$ 150.00$ 8,250.00$ 50.00$ 2,750.00$ 95.00$ 5,225.00$ 50 Bedding Stone for Riprap TON 21 35.00$ 735.00$ 75.00$ 1,575.00$ 120.00$ 2,520.00$ 92.00$ 1,932.00$ 51 Filter Fabric SY 72 3.00$ 216.00$ 10.00$ 720.00$ 5.00$ 360.00$ 17.50$ 1,260.00$ 52 Dune grass plugs EA 350 5.00$ 1,750.00$ 5.00$ 1,750.00$ 3.00$ 1,050.00$ 9.00$ 3,150.00$ 53 Predator barrier LF 112 5.00$ 560.00$ 25.00$ 2,800.00$ 9.00$ 1,008.00$ 17.40$ 1,948.80$ Construction Cost Total 321,204$ 613,027$ 666,837$ 1,158,670$ Eliminated pay item Reduced pay item Engineer's Estimate Kovilic Construction Co. Inc. 3721 N. Carnation Street Franklin Park Illinois 60131 Rausch Infrastructure, Llc 8700 W. Bryn Mawr Ave, Suite 830N Chicago, Illinois 60631 Schaefges Brothers, Inc. 851 Seton Court, Suite 2A Wheeling, Illinois 60090 145 of 312 To: Martin Lyons, Assistant City Manager/CFO Suzette Robinson, Director of Public Works Sat Nagar, P.E. Assistant Director of Public Works Stefanie Levine, PLA, Senior Project Manager Public Works From: Tammi Turner, Purchasing Manager Subject: Church Street Boat Ramp Improvement Project, Bid #15-29 Date: June 22, 2015 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 the recommendation for Bid 15-29, the Church Street Boat Ramp Improvement Project, Kovilic Construction Co. Inc., is found to be in initial compliance with the goal. Kovilic Construction Co. Inc., total base bid is $613,027.00, and they will receive 3% initial credit with an expressed written intent of follow up for additional subcontractors to meet the M/W/EBE goal. Kolvilic Construction Co. Inc. is initially compliant with the Local Employment Program documentation for this project. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Industrial Fence Inc. 1300 S Kilbourn Chicago, IL 60623 Fence Installation $7,500.00 1% X Jasso Trucking Co. 5719 S. Homan Ave. Chicago, IL 60629 Gravel Hauling $12,000.00 2% X Total M/W/EBE $19,500.00 3% CC: Erika Storlie, Deputy City Manager / Acting Director of Administrative Services Memorandum Bid 15-29, Church Street Boat Ramp Improvement Project M/W/EBE Memo, 06.22.2015 146 of 312 For City Council meeting of June 22, 2015 Item A3.9 Business of the City by Motion: Purchase of Cisco Hardware and Software For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Erika Storlie, Deputy City Manager Jose Calderon, Information Technology Division Manager Subject: Purchase of Cisco hardware and software licenses from Heartland Business Systems Date: June 12, 2015 Recommended Action: Staff recommends City Council authorize the single source purchase of Cisco Networking Equipment and Licensing from Heartland Business Systems, located at 5400 Patton Drive, Unit 4B, Lisle, Illinois 60532, in the amount of $223,266.87, to replace existing core networking hardware that has reached end of serviceable life from the manufacturer. Funding Source: Funding is provided through Capital Improvement Fund 4150.65515. Due to changes in funding and changes in timing for other projects, sufficient funds are available in this account. Sample projects that will have available budget dollars include: • Crown Center – Budgeted partially for design, but still in fund raising phase – available budget - $396,000 • Lovelace Park Turf field – IDNR funding not approved – City Capital Fund Budget for project – $800,000 • Davis Street Resurfacing – Bike Lane – deferred due to contract/legal issues - $300,000 Summary: In September 2013 the City solicited and received two qualifying bids to address a VoIP infrastructure upgrade. The winning bid was provided by Heartland Business Systems, who successfully completed the project. Since this time Heartland Business Systems has consistently provided the City with the most competitively priced quotes for other Cisco purchases. They possess a proven technical expertise of our systems through work on past projects. Memorandum 147 of 312 In preparation for this project, the IT Division studied outside resources to better understand how they have approached similar purchases. We learned that many technology manufactures provide just one regional sales representative that all resellers must coordinate through. Because of this, we believed that opening this purchase up to traditional procurement methods would not provide the City with the most aggressive discounts. Other organizations realized greater savings when negotiating directly with a preferred vendor, as opposed to opening a project up for bid. By leveraging Heartland Business Systems as a preferred vendor, the City was able to secure a quote that reflects a 60% discount from retail pricing on Cisco hardware. The IT Division provides data and voice communication service to over 20 sites through an interconnected fiber optic network, which was implemented in 2003. This design eliminated the need for redundant ISP and phone systems, and brought consistent and unified IT service offerings to all city departments regardless of physical location. This fiber network is powered by core Cisco networking infrastructure, which link City buildings to our datacenters. This networking infrastructure reached the end of serviceable life from the manufacture in November, 2012. They were purchased in 2003 at a cost of $197,000, at a discounted rate of 42.5%. Working with Heartland Business Systems as a preferred vendor, we have secured a 60% discount on the proposed hardware purchase. Demands on networking infrastructure have grown significantly since the original deployment. The proposed purchase will enhance network redundancy throughout all City departments and facilities, as well as provide IT staff with support from manufactures on parts and services. The purchase includes the following components, their costs, and discounting: Items Discount Cost (1) Cisco 4431 Router 60% $10,480 (2) Cisco ASA 5555 Firewalls 60% $22,276 (2) Nexus 9504 Chassis 60% $108,792 (3) Cisco 3850 Switches 60% $13,680 Network Modules 60% $18,112 Licensing, Software, & Training 60% $26,908 SmartNet 24X7 Support 32.5% $23,018.87 Total Cost $223,266.87 Cisco networking equipment was selected to maintain continuity and compatibility with current network technology infrastructure, as well as staff’s technical areas of expertise. Cisco is a recognized global leader in networking hardware and support. Alternatives: Continue to leverage third-party support for failed components on existing networking infrastructure. Replacing individual components on as-needed basis would severely 148 of 312 limit IT staff’s opportunity to redesign network for redundancy and enhanced functionality. ------------------------------------------------------------------------------------- Attachment: Heartland Business Systems Quote 149 of 312 Revision 5-5-2015 Line Number Item Name Description Service Duration Quantity ListPrice Extended ListPrice Discount % Selling Price Products 1.0 ISR4431/K9 Cisco ISR 4431 (4GE 3NIM 8G FLASH 4G DRAM IPB) N/A 1 11,000.00 11,000.00 60 4,400.00 1.1 SL-44-IPB-K9 IP Base License for Cisco ISR 4400 Series N/A 1 0.00 0.00 60 0.00 1.2 FL-44-PERF-K9 Performance on Demand License for 4400 Series N/A 1 2,000.00 2,000.00 60 800.00 1.3 MEM-4400-4GU16G 4G to 16G DRAM Upgrade (8G+8G) for Cisco ISR 4400 N/A 1 2,000.00 2,000.00 60 800.00 1.4 MEM-FLSH-8U16G 8G to 16G eUSB Flash Memory Upgrade for Cisco ISR 4430 N/A 1 1,500.00 1,500.00 60 600.00 1.5 PWR-4430-AC AC Power Supply for Cisco ISR 4430 N/A 1 0.00 0.00 60 0.00 1.6 PWR-4430-AC/2 AC Power Supply (Secondary PS) for Cisco ISR 4430 N/A 1 800.00 800.00 60 320.00 1.7 CAB-AC AC Power Cord (North America) C13 NEMA 5-15P 2.1m N/A 2 0.00 0.00 60 0.00 1.8 MEM-4400-DP-2G 2G DRAM (1 DIMM) for Cisco ISR 4400 Data Plane N/A 1 0.00 0.00 60 0.00 1.9 NIM-BLANK Blank faceplate for NIM slot on Cisco ISR 4400 N/A 3 0.00 0.00 60 0.00 1.10 SISR4400UK9-314S Cisco ISR 4400 Series IOS XE Universal N/A 1 0.00 0.00 60 0.00 2.0 ASA5555-FPWR-K9 ASA 5555-X with FirePOWER Services 8GE AC 3DES/AES 2SSD N/A 2 25,595.00 51,190.00 60 20,476.00 2.1 SF-FP5.3.1-K9 Cisco FirePOWER Software v5.3.1 N/A 2 0.00 0.00 60 0.00 2.2 ASA5555-CTRL-LIC Cisco ASA5555 Control License N/A 2 0.00 0.00 60 0.00 2.3 ASA-RAILS ASA 5512-X -- ASA 5555-X Rail Kit N/A 2 500.00 1,000.00 60 400.00 2.4 ASA-PWR-AC ASA 5545-X/5555-X AC Power Supply N/A 2 1,500.00 3,000.00 60 1,200.00 2.5 SF-ASA-X-9.2.2-K8 ASA 9.2.2 Software image for ASA 5500-X Series5585-XASA-SM N/A 2 0.00 0.00 60 0.00 2.6 CAB-AC AC Power Cord (North America) C13 NEMA 5-15P 2.1m N/A 2 0.00 0.00 60 0.00 2.7 ASA-VPN-CLNT-K9 Cisco VPN Client Software (Windows Solaris Linux Mac)N/A 2 0.00 0.00 60 0.00 2.8 CAB-AC AC Power Cord (North America) C13 NEMA 5-15P 2.1m N/A 2 0.00 0.00 60 0.00 2.9 ASA-PWR-AC ASA 5545-X/5555-X AC Power Supply N/A 2 0.00 0.00 60 0.00 2.10 ASA-ANYCONN-CSD-K9 ASA 5500 AnyConnect Client + Cisco Security Desktop Software N/A 2 0.00 0.00 60 0.00 2.11 ASA5500X-SSD120INC ASA 5512-X through 5555-X 120GB MLC SED SSD (Incl.)N/A 4 0.00 0.00 60 0.00 2.12 ASA5500-ENCR-K9 ASA 5500 Strong Encryption License (3DES/AES)N/A 2 0.00 0.00 60 0.00 2.13 ASA5555-MB ^ASA 5555 IPS Part Number with which PCB Serial is associated N/A 2 0.00 0.00 60 0.00 3.0 L-ASA5555-TAMC=Cisco ASA5555 FirePOWER IPS AMP and URL Licenses N/A 2 0.00 0.00 60 0.00 4.0 N9K-C9504-B2 Nexus 9504 Chassis Bundle with 1 Sup 3 PS 2 SC 6 FM 3 FT N/A 2 65,000.00 130,000.00 60 52,000.00 4.1 N9K-PAC-3000W-B Nexus 9500 3000W AC PS Port-side Intake N/A 6 0.00 0.00 60 0.00 4.2 N9K-C9500-LC-CV Nexus 9500 Linecard slot cover N/A 6 0.00 0.00 60 0.00 4.3 N9K-C9500-ACK Nexus 9500 Accessory Kit N/A 2 0.00 0.00 60 0.00 4.4 N9K-C9504-FM Fabric Module for Nexus 9504 chassis N/A 12 0.00 0.00 60 0.00 4.5 N9K-C9504-FAN Fan Tray for Nexus 9504 chassis Port-side Intake N/A 6 0.00 0.00 60 0.00 4.6 CAB-AC-C6K-TWLK Power Cord 250Vac 16A twist lock NEMA L6-20 plug US N/A 8 0.00 0.00 60 0.00 4.7 N9K-PAC-3000W-B Nexus 9500 3000W AC PS Port-side Intake N/A 2 3,000.00 6,000.00 60 2,400.00 4.8 N9K-C9504-RMK Nexus 9504 Rack Mount Kit N/A 2 0.00 0.00 60 0.00 4.9 N9KDK9-703I1 Nexus 9500 or 9300 Base NX-OS Software Rel 7.0(3)I1.x N/A 2 0.00 0.00 60 0.00 4.10 N9K-SC-A System Controller for Nexus 9500 N/A 4 0.00 0.00 60 0.00 4.11 N9K-SELECT-SUP-B PID to select Supervisor : N9K-SUP-B N/A 2 10,000.00 20,000.00 60 8,000.00 4.12 N9K-SUP-B Supervisor B for Nexus 9500 N/A 2 0.00 0.00 60 0.00 4.13 N1K-VLCPU-96-ESSTL Nexus 1000V Essential Edition Paper Delivery License Qty 96 N/A 2 0.00 0.00 60 0.00 4.14 N9K-SUP-B Supervisor B for Nexus 9500 N/A 2 20,000.00 40,000.00 60 16,000.00 4.15 N95-LIC-PAK N9500 License PAK Expansion N/A 2 0.00 0.00 60 0.00 4.16 N95-LAN1K9 LAN Enterprise License for Nexus 9500 Platform N/A 2 15,000.00 30,000.00 60 12,000.00 4.17 N9K-X9464PX Nexus 9500 linecard 48p 1/10G SFP+ plus 4p QSFP P N/A 2 15,000.00 30,000.00 60 12,000.00 5.0 FS-VMW-2-SW-K9 Cisco FireSIGHT Management Center (VMWare) for 2 devices N/A 1 500.00 500.00 60 200.00 6.0 SFP-10G-LR=10GBASE-LR SFP Module N/A 4 3,995.00 15,980.00 60 6,392.00 7.0 GLC-LH-SMD=1000BASE-LX/LH SFP transceiver module MMF/SMF 1310nm DOM N/A 44 995.00 43,780.00 60 17,512.00 8.0 WS-C3850-48F-L Cisco Catalyst 3850 48 Port Full PoE LAN Base N/A 3 11,400.00 34,200.00 60 13,680.00 8.1 CAB-TA-NA North America AC Type A Power Cable N/A 6 0.00 0.00 60 0.00 8.2 PWR-C1-1100WAC/2 1100W AC Config 1 Secondary Power Supply N/A 3 1,500.00 4,500.00 60 1,800.00 8.3 S3850UK9-32-0SE CAT3850 UNIVERSAL N/A 3 0.00 0.00 60 0.00 8.4 STACK-T1-50CM 50CM Type 1 Stacking Cable N/A 3 0.00 0.00 60 0.00 8.5 PWR-C1-1100WAC 1100W AC Config 1 Power Supply N/A 3 0.00 0.00 60 0.00 9.0 C3850-NM-4-1G=Cisco Catalyst 3850 4 x 1GE Network Module N/A 3 500.00 1,500.00 60 600.00 10.0 TRN-CLC-000 10 Prepaid Training Credits:Redeem W/Cisco Learning Partners N/A 22 1,000.00 22,000.00 60 8,800.00 11.0 R-PI2X-N-K9 Cisco Prime Infrastructure 2.x - No Node Lock N/A 1 0.00 0.00 60 0.00 11.1 L-PI2X-LF-N-50 Prime Infrastructure 2.x - Lifecycle - 50 Device Lic-NNL N/A 1 5,295.00 5,295.00 60 2,118.00 11.2 L-PI2X-LF-N-100 Prime Infrastructure 2.x - Lifecycle - 100 Device Lic-NNL N/A 1 8,995.00 8,995.00 60 3,598.00 11.3 L-PI2X-N-BASE Prime Infrastructure 2.x Base License No Node Lock N/A 1 95.00 95.00 60 38.00 11.4 R-PI22-SW-K9 Prime Infrastructure 2.2 Software N/A 1 25.00 25.00 60 10.00 11.5 L-PILMS42A-50 Prime Infrastructure LMS 4.2A - 50 Device Base Lic N/A 1 0.00 0.00 60 0.00 11.6 L-PILMS42A-100 Prime Infrastructure LMS 4.2A - 100 Device Base Lic N/A 1 0.00 0.00 60 0.00 11.7 L-PILMS42-KIT Prime Infrastructure - LMS License Kit N/A 1 0.00 0.00 60 0.00 12.0 MEM-4400-8G=8G DRAM (1 DIMM) for Cisco ISR 4400 Spare N/A 2 1,200.00 2,400.00 60 960.00 13.0 MEM-FLSH-16G=16G eUSB Flash Memory for Cisco ISR 4430 4350 & 4330 Spare N/A 1 2,000.00 2,000.00 60 800.00 14.0 L-AC-PLS-5YR-G Cisco AnyConnect 5-Yr Plus Subscription License Group N/A 2 0.00 0.00 60 0.00 14.1 AC-PLS-5YR-25-S Cisco AnyConnect 5-Yr 25 User Plus License N/A 2 0.00 0.00 60 0.00 14.2 L-AC-PLS-S-5Y-25 Cisco AnyConnect 5-Yr 25 User Plus (ASA License Key)N/A 199998 0.00 0.00 60 0.00 187,904.00 Services 1.0.1 CON-SNTP-ISR4431K SMARTNET 24X7X4 Cisco ISR 4431 (4GE 12 month(s)1 1,618.00 1,618.00 32.5 1,092.15 2.0.1 CON-SNTP-A55FPK9 SMARTNET 24X7X4 ASA 5555-X with FirePOWER Services 8GE 12 month(s)2 5,029.00 10,058.00 32.5 6,789.15 3.0.1 L-ASA5555-TAMC-1Y Cisco ASA5555 FirePOWER IPS AMP and URL 1YR Subs 12 month(s)2 15,365.00 30,730.00 60 12,292.00 4.0.1 CON-SNTP-N9504B2 SMARTNET 24X7X4 Nexus 9504 Chassis B 12 month(s)2 9,722.00 19,444.00 32.5 13,124.70 5.0.1 CON-SAU-VMWSW2 SW APP SUPP + UPGR Cisco FireSIGHT Mana 12 month(s)1 100.00 100.00 32.5 67.50 11.0.1 CON-ECMU-RPI2XNK9 SWSS UPGRADES Cisco Prime Infrastructure 2.x - No Node 12 month(s)1 0.00 0.00 32.5 0.00 11.1.0.1 CON-ECMU-LPI2XL50 SWSS UPGRADES Prime Infrastructure 2.x - Lifecycle - 5 12 month(s)1 1,059.00 1,059.00 32.5 714.83 11.2.0.1 CON-ECMU-LPI2X100 SWSS UPGRADES Prime Infrastructure 2.x - Lifecycle - 1 12 month(s)1 1,799.00 1,799.00 32.5 1,214.33 11.3.0.1 CON-ECMU-LPI2XNBS SWSS UPGRADES Prime Infrastructure 12 month(s)1 19.00 19.00 32.5 12.83 11.4.0.1 CON-ECMU-P122SW SWSS UPGRADES Prime Infrastructure 2.2 Software 12 month(s)1 5.00 5.00 32.5 3.38 14.1.0.1 AC-PLS-5YR-25 Cisco AnyConnect 5-Yr 25 User Plus Subscription 60 month(s)2 65.00 130.00 60 52.00 35,362.87 223,266.87 Products SubTotal Services SubTotal Configset Total 150 of 312 For City Council meeting of June 22, 2015 Item A3.10 Business of the City by Motion: 717 Howard Street Demolition For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Johanna Nyden, Acting Deputy City Manager Cindy Plante, Economic Development Specialist Subject: Demolition of City-Owned Property at 717 Howard Street Date: June 15, 2015 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract for the demolition of improvements located at 717 Howard Street with WreckCon Specs (2115 Wesley Avenue, Evanston, Illinois, 60201) in the amount of $27,500. Funding Source: Funding is provided by Howard-Ridge TIF (Account # 330.99.5860.56010). The current balance is $63,606.67. Summary: The City purchased the building at 717 Howard Street in late 2014. The building is a single-story brick structure with a slab foundation and less than 1,000 square feet of interior space. The building was vacant prior to the City’s purchase in 2014. The property was purchased in order to combine it with adjacent City-owned properties for use by a future Howard Street theatre. Unlike other properties previously purchased by the City that were occupied in the interim prior to redevelopment, the electrical and plumbing service in the building does not currently meet code and therefore the property cannot be occupied prior to redevelopment. Staff solicited bids from local contractors for the demolition of the building with the understanding that the work could be under $20,000. However, all of the bids secured (four in total) were above $20,000. Proposed demolition work would include securing the required demolition and environmental permits from the City and Cook County as well as removal of the foundation, disconnection of utilities, removal of site debris, and restoration and seeding of the resulting lot. The scope of work also calls for the inclusion of stormwater Memorandum 151 of 312 protection measures and the installation of an 8-foot high temporary fence around the property while the work is underway. National Wrecking Company, WreckCon Specs, Eco Greenergy Construction, and Bill’s Home Improvements each provided an estimate. WreckCon and Eco Greenergy are all Evanston-based contractors. Two additional companies were also contacted, but declined to provide estimates. A summary of the estimates is included in the following table. Company Estimate WreckCon Specs 2115 Wesley Ave., Evanston, IL $27,500 National Wrecking Co. 2441 N. Leavitt St., Chicago, IL $34,600 Eco Greenergy Construction 1422 Darrow Ave., Evanston IL $37,025 Bill’s Home Improvement 3300 Davis St., Skokie, IL $47,420 WreckCon Specs was the lowest bidder at $27,500. This contractor is M/W/EBE certified and was previously contracted by the City to complete the demolition of the former salt dome at the Service Center. Attachments: Demolition Estimate from WreckCon Specs 152 of 312 WRECKCON SPECS LLC. 2115 Wesley Ave. Evanston, IL 60201 Phone: 847-650-6798 Email: wreckcon@gmail.com June 9, 2015 Attn: Cindy Plante or Johanna L. Nyden, AICP Economic Development Division Manager City of Evanston | City Manager’s Office 847.448.8014 | jnyden@cityofevanston.org RE: 717 Howard St. We propose to perform the following demolition operations at 717 Howard St. in Evanston, Illinois as follows: Scope of Work: I. Complete all tasks necessary as follows: A. All building components scheduled for removal including foundations. B. Dismantle, remove, and dispose of all walkways associated with structures being removed. C. Installation of an 8-foot high temporary fence around the property while the work is being done. D. Storm-water pollution prevention. E. Removal of site debris F. Seeding & site restoration G. Utility disconnections H. Cook County demolition and environmental permits II. Wreckcon will provide asbestos inspection, but no Abatement or county permit fees for remediation is included. (We are assuming there is no asbestos.) If asbestos is present we will need compensation for the additional work and increase in county fees). III. Temporary construction fencing, barricades, and traffic control will be provided and maintained throughout the project. IV. All depressions will be filled with clay and capped with topsoil up to grade. Grass seeding will be provided and covered with straw erosion control blankets. A. We assume the village intends to maintain the site after construction fencing is removed. V. Site to be left broom clean and leveled. VI. Insurance, licensing, and permits: A. Wreckcon will procure and pay for all necessary permits and licenses. 153 of 312 WRECKCON SPECS LLC. 2115 Wesley Ave. Evanston, IL 60201 Phone: 773-315-0719 Email: wreckcon@gmail.com B. Wreckcon will provide all necessary insurance such as: 1. Workers Compensation. 2. General liability. 3. Automobile liability. VII. Permits fees and permit procurement are included. A. Permits include right of way, sidewalk, street, EPA, Demolition fees. B. Water and sewer disconnections, permits, and fees are included. VIII. All equipment, labor, and fuel included. A. Wreckcon will provide our own electricity. B. Wreckcon will procure water usage directly from the village unless an onsite solution is available. IX. All trucking and dump fees included. X. Exclusions: A. Hazardous waste of any kind. B. Underground tank removal, contaminated spoils removal, and or engineering is not included. C. We will require the owner to request demolition disconnections for the gas, telephone, and electrical utilities, and provide associated affidavits. D. Unforeseen schedule delays, such as historical holds, contaminated soil, underground tanks, and or etc… XI. Schedule: A. Wreckcon will procure all required permits and pay all fees upon contract release. Approximately 15 business days. B. Onsite work will be complete within 30 days from permit release. XII. Payment: A. Wreckcon will request monthly payments. Wreckcon will complete all work for a lump sum in the amount of $27,500.00. Acceptance: This agreement will stay in effect for a period of 90 days after 6.8.15 Accepted by: __________________________________ Date__________ Thank you for this opportunity. Please call 773/315-0719 with any questions or concerns. Thank you. Sincerely, 154 of 312 WRECKCON SPECS LLC. 2115 Wesley Ave. Evanston, IL 60201 Phone: 773-315-0719 Email: wreckcon@gmail.com John Gipson Wreckcon Specs LLC. 155 of 312 For City Council meeting of June 22, 2015 Item A4 Business of the City by Motion: Church Street Bike Path Project For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Paul D’Agostino, Asst. Director of Forestry Sat Nagar, P.E., Asst. Director of Engineering & Infrastructure Dan Manis, P.E, Senior Project Manager Subject: Church Street/Evanston Township High School Bike Path Project Change Order #1 Date: June 11, 2015 Recommended Action: Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 to the contract for the 2015 Water Main Replacement & Street Resurfacing CIP I Project (Bid 15-13) with A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL 60193) in the amount of $140,215. This Change Order will expand the scope of the contract to include the construction of bike path on Evanston Township High School (ETHS) property and on south side of Church Street. Funding Source: Funding for this work will be from ETHS/Church Street Bike Path CIP account (416141) which has a budget of $250,000. Summary: The existing bike lane on Church Street ends at Dodge Avenue with no connection to ETHS Bike storage area on high school property. To extend the biking improvements west of Dodge Avenue, City staff and ETHS will establish an off-road bike path along Church Street from Dodge Avenue to Pitner Avenue. ETHS administrative staff has requested the City to extend the bike path to provide safer access to the students. A portion of the path will be constructed on ETHS property and be available for public use. The City Council approved bike path extension on Church Street between McCormick Boulevard and Dodge Avenue to establish a connection to the Lake Front Bike Path. The alignment is shown on the attached plan. The City staff had meetings with ETHS staff in March and May this year to finalize the construction schedule and details for this project. The remaining section of bike path on Church Street west of Dodge Avenue will be constructed in coordination with Illinois Department of Transportation. Memorandum 156 of 312 The contractor has agreed to honor the CIP 1 Water Main & Street Resurfacing project unit cost for this change order. Legislative History: The Church Street Bike Path extension from Dodge Avenue to McCormick Boulevard was presented and discussed at the October 27, 2014 City Council meeting. Attachments: Bike Path Alignment Map A Lamp Proposal Page 2 of 2 157 of 312 CITY OF EVANSTON Engineering and Infrastructure Division SHEETSheet Information: Scale: 1"=40'Date:June 2015 Designed By: CW Checked By: DM Revision: Church Street Bike Path (ETHS Entrance To Dodge Ave.) Layout (1 of 1) 1 110.0'6.0'158 of 312 To:Contact:City of Evanston Evanston - Church Street Bike PathProject Name:Bid Number: Fax:(847) 448-8101Evanston, IL 60201 Address:c/o Department of Public Works, 2100 Ridge Aenue Phone:(847) 448-4311 Project Location:Church St., Evanston, IL Bid Date:6/8/2015 Total PriceUnit PriceUnitItem DescriptionItem #Estimated Quantity $1,650.00$3.00550.001 LFRoot Pruning 6" Depth $59,400.00$6.009,900.002 SF5" Thick PCC Sidewalk $5,825.00$5.001,165.003 SY4" CA-6 Base $7,800.00$120.0065.004 SY8" PCC Driveway Pavement $2,625.00$35.0075.005 SFDetectable Warnings $3,000.00$25.00120.006 LFB6.12 Curb $440.00$4.00110.007 LFCurb removal $8,000.00$2.004,000.008 SFSidewalk Removal $7,875.00$45.00175.009 CYEarth Excavation $2,800.00$400.007.0010 EACHUtility Structure Adjustment $1,250.00$1,250.001.0011 EACHUtility Structure Reconstruction $2,610.00$3.00870.0012 SYFurnish and place 3" Topsoil $7,830.00$9.00870.0013 SYSod $1,800.00$15.00120.0014 SYDriveway Pavement Removal $2,750.00$50.0055.0015 SY9" Class C Patching $1,850.00$185.0010.0016 TONIncidental Hot-Mix Asphalt Surfacing $40.00$2.0020.0017 LF4" Thermoplastic Striping $60.00$3.0020.0018 LF6" Thermoplastic Striping $240.00$10.0024.0019 LF24" thermoplastic Striping $6,370.00$4.551,400.0020 LF4" Epoxy Pavement Marking $8,350.00$8,350.001.0021 LSMobilization $7,650.00$7,650.001.0022 LSTraffic Control and Protection $140,215.00Total Bid Price: Notes: •The above pricing excludes bonds and permit. If required extra charges will apply. •The above pricing excludes layout. •The above pricing excludes testing. •The above pricing excludes specialty insurance policies. •No modification to this proposal without prior consent from A Lamp Concrete Contractors, Inc. •Work must be completed in 2015 Page 1 of 26/8/2015 12:58:25 PM 159 of 312 ACCEPTED: The above prices, specifications and conditions are satisfactory and hereby accepted. Buyer: Signature: Date of Acceptance: CONFIRMED: A Lamp Concrete Authorized Signature: Estimator:Zac Pescetto zpescetto@alampconcrete.com Page 2 of 26/8/2015 12:58:25 PM 160 of 312 For City Council meeting of June 22, 2015 Item A5 Resolution 65R-15: Appointment of IMRF Agent For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Subject: Resolution 65-R-15 - Designation of Illinois Municipal Retirement Fund (IMRF) Authorized Agent Date: May 27, 2015 Recommended Action: Staff recommends approval of Resolution 65-R-15, appointing Jennifer Lin as the IMRF Authorized Agent. Summary: The City Council of the City of Evanston has the authority to designate an authorized agent as the City’s official representative for the purposes of conducting business with IMRF. Legislative History: Mr. Martin Lyons was designated as the IMRF Authorized Agent by the City Council at its regular meeting on November 10, 2014. ------------------------------------------------------------------------------------- Attachments: Resolution 65-R-15 Memorandum 161 of 312 6/9/2015 65-R-15 A RESOLUTION Appointing Jennifer Lin as the City of Evanston’s Authorized Agent for the Illinois Municipal Retirement Fund WHEREAS, the City Council of the City of Evanston has the authority to designate an authorized agent as the Ci ty’s official representative for the purposes of conducting business with the Illinois Municipal Retirement Fund (IMRF); and WHEREAS, the City Manager recommends that Jennifer Lin, be designated as authorized agent for the City of Evanston for IMRF, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Jennifer Lin is designated to act as the authorized agent on behalf of the City of Evanston in all matters affecting the administration of the IMRF. SECTION 2: That such powers and duties of Jennifer Lin, as the authorized agent, shall include: a) the filing of petitions for nominations of an Executive Trustee of IMRF; and b) the authority to cast a ballot for the election of an Elective Trustee of IMRF. SECTION 3: That any and all previous designation is hereby revoked. SECTION 4: That the foregoing recitals are hereby found as fact and made a part hereof. SECTION 5: Resolution 65-R-15 shall be in full force and effect from and after its passage and approval, in the manner provided by law. 162 of 312 65-R-15 ~2~ ______________________________ Elizabeth B. Tisdahl , Mayor Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 20 15 163 of 312 For the City Council Meeting of June 22, 2015 Item A6 Resolution 62-R-15: Prevailing Wage for Public Works Projects For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Erika Storlie, Acting Director of Administrative Services/ Deputy City Manager Tammi Turner, Purchasing Manager Subject: Resolution 62-R-15, Resolution relating to Prevailing Wage for Public Works Projects Date: June 22, 2015 Recommended Action: Staff recommends that City Council adopt Resolution 62-R-15, in order to comply with the provisions of the Illinois Prevailing Wage Act, 820 ILCS 130/0.01, et seq. (the “Act”). Summary: Section 9 of the Act requires that public entities establish prevailing wages in June of every year for certain laborers, workers, and mechanics, as defined by statute. The Act requires that contractors and subcontractors pay workers covered under the Act, who are employed on public works construction projects, a wage no less than the general prevailing rate of wages (consisting of hourly cash wages plus fringe benefits) in the county where the work is performed. The Illinois Department of Labor publishes these prevailing wages by county. Attached to the resolution as Exhibit “A” is the June 2015 schedule of prevailing wages in Cook County. ------------------------------------------------------------------------------------- Attachments: Copy of Resolution 62-R-15 Cook County Prevailing Wages for June 2015 Memorandum 164 of 312 6/2/2015 62-R-15 A RESOLUTION Relating to Prevailing Wages for Public Works Projects WHEREAS, the State of Illinois has enacted “an Act regulating wages of laborers, mechanics, and other workmen employed in any public works by the State, County, City, or any public body or any political subdivision or by anyone under contract for public works”, approved June 26, 1941, as amended, 820 ILCS 130/1 -130/12 (the “Prevailing Wage Act”); and WHEREAS, the aforesaid Prevailing Wage Act requires that the City ascertain the prevailing rate of wages for laborers, mechanics, and workers engaged in the construction of public works projects for the City within City limits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: That in accordance with, and to the extent required by 820 ILCS 130/1-130/12, the general prevailing rate of wages is hereby ascertained to be the same as the prevailing rate of wages for construction work in Cook County as determined by the Illinois Department of Labor in its compilation as of June, 2015, a copy of which is attached hereto as Exhibit A. SECTION 2: Nothing herein contained shall be construed to apply said general prevailing rate of wages as herein ascertained to any work or employment except public works construction of the City to the extent required and as defined by the Prevailing Wage Act. 165 of 312 62-R-15 SECTION 3: That a copy of the Compilation, Exhibit A, attached hereto, shall be maintained and available for public inspection in the Office of the City Clerk of the City of Evanston. SECTION 4: That the City Clerk shall mail a certified copy of the Resolution to any association of employers, association of employees, or any person who has filed or who may file their names and addresses requesting a copy of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates. SECTION 5: That the City Clerk shall file a certified copy of the adopted Resolution with both the Illinois Secretary of State and the Illinois Department of Labor. SECTION 6: That the City Clerk shall cause to be published in a newspaper of general circulation within the area a copy of this Resolution, and that such publication shall constitute notice that the Resolution is effective and that this is the determination of this public body. SECTION 7: That 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: __________________, 2015 166 of 312 EXHIBIT A Prevailing Rate of Wages for Construction Work in Cook County as Determined by the Illinois Department of Labor in its Compilation of June 2015 167 of 312 6/2/2015 Cook County Prevailing Wage for June 2015 http://www.illinois.gov/idol/Laws­Rules/CONMED/rates/2015/june/COOK9999.htm 1/7 Cook County Prevailing Wage for June 2015 (See explanation of column headings at bottom of wages) Trade Name           RG TYP C Base   FRMAN M‐F>8  OSA OSH H/W   Pensn  Vac  Trng   ==================== == === = ====== ====== ===== === === ===== ===== ===== =====  ASBESTOS ABT‐GEN        ALL   38.200 38.700 1.5   1.5 2.0 13.78 10.12 0.000 0.500  ASBESTOS ABT‐MEC        BLD   35.100 37.600 1.5   1.5 2.0 11.17 10.76 0.000 0.720  BOILERMAKER             BLD   45.650 49.760 2.0   2.0 2.0 6.970 17.81 0.000 0.400  BRICK MASON             BLD   42.580 46.840 1.5   1.5 2.0 9.850 13.60 0.000 1.030  CARPENTER               ALL   43.350 45.350 1.5   1.5 2.0 13.29 13.75 0.000 0.630  CEMENT MASON            ALL   43.100 45.100 2.0   1.5 2.0 12.70 13.24 0.000 0.450  CERAMIC TILE FNSHER     BLD   35.810  0.000 1.5   1.5 2.0 10.55 8.440 0.000 0.710  COMM. ELECT.            BLD   39.000 41.800 1.5   1.5 2.0 8.420 11.98 1.100 0.700  ELECTRIC PWR EQMT OP    ALL   46.100 51.100 1.5   1.5 2.0 10.76 14.87 0.000 0.460  ELECTRIC PWR GRNDMAN    ALL   35.960 51.100 1.5   1.5 2.0 8.390 11.60 0.000 0.360  ELECTRIC PWR LINEMAN    ALL   46.100 51.100 1.5   1.5 2.0 10.76 14.87 0.000 0.460  ELECTRICIAN             ALL   44.000 47.000 1.5   1.5 2.0 13.33 14.77 0.000 0.750  ELEVATOR CONSTRUCTOR    BLD   50.800 57.150 2.0   2.0 2.0 13.57 14.21 4.060 0.600  FENCE ERECTOR           ALL   35.840 37.840 1.5   1.5 2.0 13.01 11.51 0.000 0.300  GLAZIER                 BLD   40.000 41.500 1.5   2.0 2.0 12.49 15.99 0.000 0.940  HT/FROST INSULATOR      BLD   48.450 50.950 1.5   1.5 2.0 11.47 12.16 0.000 0.720  IRON WORKER             ALL   43.000 45.000 2.0   2.0 2.0 13.45 20.65 0.000 0.350  LABORER                 ALL   38.000 38.750 1.5   1.5 2.0 13.78 10.12 0.000 0.500  LATHER                  ALL   43.350 45.350 1.5   1.5 2.0 13.29 13.75 0.000 0.630  MACHINIST               BLD   44.350 46.850 1.5   1.5 2.0 6.760 8.950 1.850 0.000  MARBLE FINISHERS        ALL   31.400 32.970 1.5   1.5 2.0 9.850 13.10 0.000 0.600  MARBLE MASON            BLD   41.780 45.960 1.5   1.5 2.0 9.850 13.42 0.000 0.760  MATERIAL TESTER I       ALL   28.000  0.000 1.5   1.5 2.0 13.78 10.12 0.000 0.500  MATERIALS TESTER II     ALL   33.000  0.000 1.5   1.5 2.0 13.78 10.12 0.000 0.500  MILLWRIGHT              ALL   43.350 45.350 1.5   1.5 2.0 13.29 13.75 0.000 0.630  OPERATING ENGINEER      BLD 1 47.100 51.100 2.0   2.0 2.0 17.10 11.80 1.900 1.250  OPERATING ENGINEER      BLD 2 45.800 51.100 2.0   2.0 2.0 17.10 11.80 1.900 1.250  OPERATING ENGINEER      BLD 3 43.250 51.100 2.0   2.0 2.0 17.10 11.80 1.900 1.250  OPERATING ENGINEER      BLD 4 41.500 51.100 2.0   2.0 2.0 17.10 11.80 1.900 1.250  OPERATING ENGINEER      BLD 5 50.850 51.100 2.0   2.0 2.0 17.10 11.80 1.900 1.250  OPERATING ENGINEER      BLD 6 48.100 51.100 2.0   2.0 2.0 17.10 11.80 1.900 1.250  OPERATING ENGINEER      BLD 7 50.100 51.100 2.0   2.0 2.0 17.10 11.80 1.900 1.250  OPERATING ENGINEER      FLT 1 52.450 52.450 1.5   1.5 2.0 16.60 11.05 1.900 1.250  OPERATING ENGINEER      FLT 2 50.950 52.450 1.5   1.5 2.0 16.60 11.05 1.900 1.250  OPERATING ENGINEER      FLT 3 45.350 52.450 1.5   1.5 2.0 16.60 11.05 1.900 1.250  OPERATING ENGINEER      FLT 4 37.700 52.450 1.5   1.5 2.0 16.60 11.05 1.900 1.250  OPERATING ENGINEER      FLT 5 53.950 52.450 1.5   1.5 2.0 16.60 11.05 1.900 1.250  OPERATING ENGINEER      FLT 6 35.000 35.000 1.5   1.5 2.0 16.60 11.05 1.900 1.250  OPERATING ENGINEER      HWY 1 45.300 49.300 1.5   1.5 2.0 17.10 11.80 1.900 1.250  OPERATING ENGINEER      HWY 2 44.750 49.300 1.5   1.5 2.0 17.10 11.80 1.900 1.250  OPERATING ENGINEER      HWY 3 42.700 49.300 1.5   1.5 2.0 17.10 11.80 1.900 1.250  OPERATING ENGINEER      HWY 4 41.300 49.300 1.5   1.5 2.0 17.10 11.80 1.900 1.250  OPERATING ENGINEER      HWY 5 40.100 49.300 1.5   1.5 2.0 17.10 11.80 1.900 1.250  OPERATING ENGINEER      HWY 6 48.300 49.300 1.5   1.5 2.0 17.10 11.80 1.900 1.250  OPERATING ENGINEER      HWY 7 46.300 49.300 1.5   1.5 2.0 17.10 11.80 1.900 1.250  ORNAMNTL IRON WORKER    ALL   43.900 46.400 2.0   2.0 2.0 13.36 17.24 0.000 0.650  PAINTER                 ALL   40.750 45.500 1.5   1.5 1.5 10.75 11.10 0.000 0.770  PAINTER SIGNS           BLD   33.920 38.090 1.5   1.5 1.5 2.600 2.710 0.000 0.000  PILEDRIVER              ALL   43.350 45.350 1.5   1.5 2.0 13.29 13.75 0.000 0.630  PIPEFITTER              BLD   46.000 49.000 1.5   1.5 2.0 9.000 15.85 0.000 1.780  PLASTERER               BLD   42.250 44.790 1.5   1.5 2.0 11.40 12.19 0.000 0.650  PLUMBER                 BLD   46.650 48.650 1.5   1.5 2.0 13.18 11.46 0.000 0.880  ROOFER                  BLD   40.100 43.100 1.5   1.5 2.0 8.280 10.54 0.000 0.530  SHEETMETAL WORKER       BLD   41.530 44.850 1.5   1.5 2.0 10.48 20.06 0.000 0.690  SIGN HANGER             BLD   31.310 33.810 1.5   1.5 2.0 4.850 3.280 0.000 0.000  SPRINKLER FITTER        BLD   49.200 51.200 1.5   1.5 2.0 11.75 9.650 0.000 0.550  STEEL ERECTOR           ALL   42.070 44.070 2.0   2.0 2.0 13.45 19.59 0.000 0.350 168 of 312 6/2/2015 Cook County Prevailing Wage for June 2015 http://www.illinois.gov/idol/Laws­Rules/CONMED/rates/2015/june/COOK9999.htm 2/7 STONE MASON             BLD   42.580 46.840 1.5   1.5 2.0 9.850 13.60 0.000 1.030  SURVEY WORKER       ‐> NOT IN EFFECT        ALL   37.000 37.750 1.5   1.5 2.0 12.97 9.930 0.000 0.500  TERRAZZO FINISHER       BLD   37.040  0.000 1.5   1.5 2.0 10.55 10.32 0.000 0.620  TERRAZZO MASON          BLD   40.880 43.880 1.5   1.5 2.0 10.55 11.63 0.000 0.820  TILE MASON              BLD   42.840 46.840 1.5   1.5 2.0 10.55 10.42 0.000 0.920  TRAFFIC SAFETY WRKR     HWY   32.750 34.350 1.5   1.5 2.0 6.550 6.450 0.000 0.500  TRUCK DRIVER         E  ALL 1 33.850 34.500 1.5   1.5 2.0 8.150 8.500 0.000 0.150  TRUCK DRIVER         E  ALL 2 34.100 34.500 1.5   1.5 2.0 8.150 8.500 0.000 0.150  TRUCK DRIVER         E  ALL 3 34.300 34.500 1.5   1.5 2.0 8.150 8.500 0.000 0.150  TRUCK DRIVER         E  ALL 4 34.500 34.500 1.5   1.5 2.0 8.150 8.500 0.000 0.150  TRUCK DRIVER         W  ALL 1 32.550 33.100 1.5   1.5 2.0 6.500 4.350 0.000 0.000  TRUCK DRIVER         W  ALL 2 32.700 33.100 1.5   1.5 2.0 6.500 4.350 0.000 0.000  TRUCK DRIVER         W  ALL 3 32.900 33.100 1.5   1.5 2.0 6.500 4.350 0.000 0.000  TRUCK DRIVER         W  ALL 4 33.100 33.100 1.5   1.5 2.0 6.500 4.350 0.000 0.000  TUCKPOINTER             BLD   42.800 43.800 1.5   1.5 2.0 8.180 12.66 0.000 0.650  Legend:  RG (Region) TYP  (Trade Type ‐ All,Highway,Building,Floating,Oil & Chip,Rivers) C  (Class) Base (Base Wage Rate) FRMAN (Foreman Rate) M‐F>8 (OT required for any hour greater than 8 worked each day, Mon through Fri. OSA  (Overtime (OT) is required for every hour worked on Saturday) OSH  (Overtime is required for every hour worked on Sunday and Holidays) H/W  (Health & Welfare Insurance) Pensn (Pension) Vac (Vacation) Trng (Training) Explanations COOK COUNTY The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and Veterans Day in some classifications/counties.  Generally, any of these holidays which fall on a Sunday is celebrated on the following Monday.  This then makes work performed on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain days of celebration.  If in doubt, please check with IDOL. TRUCK DRIVERS (WEST) ‐ That part of the county West of Barrington Road. EXPLANATION OF CLASSES ASBESTOS ‐ GENERAL ‐ removal of asbestos material/mold and hazardous materials from any place in a building, including mechanical systems where those mechanical systems are to be removed.  This includes the removal of asbestos materials/mold and hazardous materials from ductwork or pipes in a building when the building is to be demolished at the time or at some close future date. ASBESTOS ‐ MECHANICAL ‐ removal of asbestos material from mechanical systems, such as pipes,  ducts, and boilers, where the mechanical systems are to remain. CERAMIC TILE FINISHER The grouting, cleaning, and polishing of all classes of tile, whether for interior or exterior purposes, all burned, glazed or unglazed products; all composition materials, granite tiles, warning detectable tiles, cement tiles, epoxy composite materials, pavers, glass, mosaics, fiberglass, and all substitute materials, for tile made in tile‐like units; all mixtures in tile like form of cement, metals, and other materials that are for and intended for use as a finished floor surface, stair treads, promenade roofs, walks, walls, ceilings,169 of 312 6/2/2015 Cook County Prevailing Wage for June 2015 http://www.illinois.gov/idol/Laws­Rules/CONMED/rates/2015/june/COOK9999.htm 3/7 swimming pools, and all other places where tile is to form a finished interior or exterior.  The mixing of all setting mortars including but not limited to thin‐set mortars, epoxies, wall mud, and any other sand and cement mixtures or adhesives when used in the preparation, installation, repair, or maintenance of tile and/or similar materials. The handling and unloading of all sand, cement, lime, tile, fixtures, equipment, adhesives, or any other materials to be used in the preparation, installation, repair, or maintenance of tile and/or similar materials.  Ceramic Tile Finishers shall fill all joints and voids regardless of method on all tile work, particularly and especially after installation of said tile work.  Application of any and all protective coverings to all types of tile installations including, but not be limited to, all soap compounds, paper products, tapes, and all polyethylene coverings, plywood, masonite, cardboard, and any new type of products that may be used to protect tile installations, Blastrac equipment, and all floor scarifying equipment used in preparing floors to receive tile.  The clean up and removal of all waste and materials.  All demolition of existing tile floors and walls to be re‐tiled. COMMUNICATIONS ELECTRICIAN Installation, operation, inspection, maintenance, repair and service of radio, television, recording, voice sound vision production and reproduction, telephone and telephone interconnect, facsimile, data apparatus, coaxial, fibre optic and wireless equipment, appliances and systems used for the transmission and reception of signals of any nature, business, domestic, commercial, education, entertainment, and residential purposes, including but not limited to, communication and telephone, electronic and sound equipment, fibre optic and data communication systems, and the performance of any task directly related to such installation or service whether at new or existing sites, such tasks to include the placing of wire and cable and electrical power conduit or other raceway work within the equipment room and pulling wire and/or cable through conduit and the installation of any incidental conduit, such that the employees covered hereby can complete any job in full. MARBLE FINISHER Loading and unloading trucks, distribution of all materials (all stone, sand, etc.), stocking of floors with material, performing all rigging for heavy work, the handling of all material that may be needed for the installation of such materials, building of scaffolding, polishing if needed, patching, waxing of material if damaged, pointing up, caulking, grouting and cleaning of marble, holding water on diamond or Carborundum blade or saw for setters cutting, use of tub saw or any other saw needed for preparation of material, drilling of holes for wires that anchor material set by setters, mixing up of molding plaster for installation of material, mixing up thin set for the installation of material, mixing up of sand to cement for the installation of material and such other work as may be required in helping a Marble Setter in the handling of all material in the erection or installation of interior marble, slate, travertine, art marble, serpentine, alberene stone, blue stone, granite and other stones (meaning as to stone any foreign or domestic materials as are specified and used in building interiors and exteriors and customarily known as stone in the trade), carrara, sanionyx, vitrolite and similar opaque glass and the laying of all marble tile, terrazzo tile, slate tile and precast tile, steps, risers treads, base, or any other materials that may be used as substitutes for any of the aforementioned materials and which are used on interior and exterior which are installed in a similar manner. MATERIAL TESTER I:  Hand coring and drilling for testing of materials; field inspection of uncured concrete and asphalt. 170 of 312 6/2/2015 Cook County Prevailing Wage for June 2015 http://www.illinois.gov/idol/Laws­Rules/CONMED/rates/2015/june/COOK9999.htm 4/7 MATERIAL TESTER II:  Field inspection of welds, structural steel, fireproofing, masonry, soil, facade, reinforcing steel, formwork, cured concrete, and concrete and asphalt batch plants; adjusting proportions of bituminous mixtures. OPERATING ENGINEER ‐ BUILDING Class 1. Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with Caisson Attachment; Batch Plant; Benoto (requires Two Engineers); Boiler and Throttle Valve; Caisson Rigs; Central Redi‐Mix Plant; Combination Back Hoe Front End‐loader Machine; Compressor and Throttle Valve; Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete Conveyor (Truck Mounted); Concrete Paver Over 27E cu. ft; Concrete Paver 27E cu. ft. and Under: Concrete Placer; Concrete Placing Boom; Concrete Pump (Truck Mounted); Concrete Tower; Cranes, All; Cranes, Hammerhead; Cranes, (GCI and similar Type); Creter Crane; Spider Crane; Crusher, Stone, etc.; Derricks, All; Derricks, Traveling; Formless Curb and Gutter Machine; Grader, Elevating; Grouting Machines; Heavy Duty Self‐Propelled Transporter or Prime Mover; Highlift Shovels or Front Endloader 2‐1/4 yd. and over; Hoists, Elevators, outside type rack and pinion and similar machines; Hoists, One, Two and Three Drum; Hoists, Two Tugger One Floor; Hydraulic Backhoes; Hydraulic Boom Trucks; Hydro Vac (and similar equipment); Locomotives, All; Motor Patrol; Lubrication Technician; Manipulators; Pile Drivers and Skid Rig; Post Hole Digger; Pre‐Stress Machine; Pump Cretes Dual Ram; Pump Cretes: Squeeze Cretes‐Screw Type Pumps; Gypsum Bulker and Pump; Raised and Blind Hole Drill; Roto Mill Grinder; Scoops ‐ Tractor Drawn; Slip‐Form Paver; Straddle Buggies; Operation of Tie Back Machine; Tournapull; Tractor with Boom and Side Boom; Trenching Machines. Class 2. Boilers; Broom, All Power Propelled; Bulldozers; Concrete Mixer (Two Bag and Over); Conveyor, Portable; Forklift Trucks; Highlift Shovels or Front Endloaders under 2‐1/4 yd.; Hoists, Automatic; Hoists, Inside Elevators; Hoists, Sewer Dragging Machine; Hoists, Tugger Single Drum; Laser Screed; Rock Drill (Self‐Propelled); Rock Drill (Truck Mounted); Rollers, All; Steam Generators; Tractors, All; Tractor Drawn Vibratory Roller; Winch Trucks with "A" Frame. Class 3. Air Compressor; Combination Small Equipment Operator; Generators; Heaters, Mechanical; Hoists, Inside Elevators (remodeling or renovation work); Hydraulic Power Units (Pile Driving, Extracting, and Drilling); Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.); Low Boys; Pumps, Well Points; Welding Machines (2 through 5); Winches, 4 Small Electric Drill Winches. Class 4. Bobcats and/or other Skid Steer Loaders; Oilers; and Brick Forklift. Class 5. Assistant Craft Foreman. Class 6. Gradall. Class 7. Mechanics; Welders. OPERATING ENGINEERS ‐ HIGHWAY CONSTRUCTION Class 1. Asphalt Plant; Asphalt Heater and Planer Combination; Asphalt Heater Scarfire; Asphalt Spreader; Autograder/GOMACO or other similar type machines: ABG Paver; Backhoes with Caisson Attachment; Ballast Regulator; Belt Loader; Caisson Rigs; Car Dumper; Central Redi‐Mix Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe Bucket or over or with attachments); Concrete Breaker (Truck 171 of 312 6/2/2015 Cook County Prevailing Wage for June 2015 http://www.illinois.gov/idol/Laws­Rules/CONMED/rates/2015/june/COOK9999.htm 5/7 Mounted); Concrete Conveyor; Concrete Paver over 27E cu. ft.; Concrete Placer; Concrete Tube Float; Cranes, all attachments; Cranes, Tower Cranes of all types: Creter Crane: Spider Crane; Crusher, Stone, etc.; Derricks, All; Derrick Boats; Derricks, Traveling; Dredges; Elevators, Outside type Rack & Pinion and Similar Machines; Formless Curb and Gutter Machine; Grader, Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form Grader, Pull Grader, Subgrader; Guard Rail Post Driver Truck Mounted; Hoists, One, Two and Three Drum; Heavy Duty Self‐Propelled Transporter or Prime Mover; Hydraulic Backhoes; Backhoes with shear attachments up to 40' of boom reach; Lubrication Technician; Manipulators; Mucking Machine; Pile Drivers and Skid Rig; Pre‐Stress Machine; Pump Cretes Dual Ram; Rock Drill ‐ Crawler or Skid Rig; Rock Drill ‐ Truck Mounted; Rock/Track Tamper; Roto Mill Grinder; Slip‐Form Paver; Snow Melters; Soil Test Drill Rig (Truck Mounted); Straddle Buggies; Hydraulic Telescoping Form (Tunnel); Operation of Tieback Machine;  Tractor Drawn Belt Loader; Tractor Drawn Belt Loader (with attached pusher ‐ two engineers); Tractor with Boom; Tractaire with Attachments; Traffic Barrier Transfer Machine; Trenching; Truck Mounted Concrete Pump with Boom; Raised or Blind Hole Drills (Tunnel Shaft); Underground Boring and/or Mining Machines 5 ft. in diameter and over tunnel, etc; Underground Boring and/or Mining Machines under 5 ft. in diameter; Wheel Excavator; Widener (APSCO). Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve; Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe Front Endloader Machine (Less than 1 cu. yd. Backhoe Bucket or over or with attachments); Compressor and Throttle Valve; Compressor, Common Receiver (3); Concrete Breaker or Hydro Hammer; Concrete Grinding Machine; Concrete Mixer or Paver 7S Series to and including 27 cu. ft.; Concrete Spreader; Concrete Curing Machine, Burlap Machine, Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck Cars (Haglund or Similar Type); Drills, All; Finishing Machine ‐ Concrete; Highlift Shovels or Front Endloader; Hoist ‐ Sewer Dragging Machine; Hydraulic Boom Trucks (All Attachments); Hydro‐Blaster; Hydro Excavating (excluding hose work); Laser Screed; All Locomotives, Dinky; Off‐Road Hauling Units (including articulating) Non Self‐Loading Ejection Dump; Pump Cretes: Squeeze Cretes ‐ Screw Type Pumps, Gypsum Bulker and Pump; Roller, Asphalt; Rotary Snow Plows; Rototiller, Seaman, etc., self‐propelled; Self‐Propelled Compactor; Spreader ‐ Chip ‐ Stone, etc.; Scraper ‐ Single/Twin Engine/Push and Pull; Scraper ‐ Prime Mover in Tandem (Regardless of Size); Tractors pulling attachments, Sheeps Foot, Disc, Compactor, etc.; Tug Boats. Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender; Compressor, Common Receiver (2); Concrete Mixer (Two Bag and Over); Conveyor, Portable; Farm‐Type Tractors Used for Mowing, Seeding, etc.; Forklift Trucks; Grouting Machine; Hoists, Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep Diggers; Low Boys; Pipe Jacking Machines; Post‐Hole Digger; Power Saw, Concrete Power Driven; Pug Mills; Rollers, other than Asphalt; Seed and Straw Blower; Steam Generators; Stump Machine; Winch Trucks with "A" Frame; Work Boats; Tamper‐Form‐Motor Driven. Class 4. Air Compressor; Combination ‐ Small Equipment Operator; Directional Boring Machine; Generators; Heaters, Mechanical; Hydraulic Power Unit (Pile Driving, Extracting, or Drilling); Light Plants, All (1 through 5); Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.); Pumps, Well Points; Vacuum Trucks (excluding hose work); Welding Machines (2 through 5); Winches, 4 Small Electric Drill Winches. Class 5. SkidSteer Loader (all); Brick Forklifts; Oilers. Class 6. Field Mechanics and Field Welders Class 7. Dowell Machine with Air Compressor; Gradall and machines of like nature. 172 of 312 6/2/2015 Cook County Prevailing Wage for June 2015 http://www.illinois.gov/idol/Laws­Rules/CONMED/rates/2015/june/COOK9999.htm 6/7 OPERATING ENGINEER ‐ FLOATING Class 1.  Craft Foreman; Master Mechanic; Diver/Wet Tender; Engineer; Engineer (Hydraulic Dredge). Class 2.  Crane/Backhoe Operator; Boat Operator with towing endorsement; Mechanic/Welder; Assistant Engineer (Hydraulic Dredge); Leverman (Hydraulic Dredge); Diver Tender. Class 3.  Deck Equipment Operator, Machineryman, Maintenance of Crane (over 50 ton capacity) or Backhoe (115,000 lbs. or more); Tug/Launch Operator; Loader/Dozer and like equipment on Barge, Breakwater Wall, Slip/Dock, or Scow, Deck Machinery, etc. Class 4.  Deck Equipment Operator, Machineryman/Fireman (4 Equipment Units or More); Off Road Trucks; Deck Hand, Tug Engineer, Crane Maintenance (50 Ton Capacity and Under) or Backhoe Weighing (115,000 pounds or less); Assistant Tug Operator. Class 5.  Friction or Lattice Boom Cranes. Class 6. ROV Pilot, ROV Tender SURVEY WORKER ‐ Operated survey equipment including data collectors, G.P.S. and robotic instruments, as well as conventional levels and transits. TERRAZZO FINISHER The handling of sand, cement, marble chips, and all other materials that may be used by the Mosaic Terrazzo Mechanic, and the mixing, grinding, grouting, cleaning and sealing of all Marble, Mosaic, and Terrazzo work, floors, base, stairs, and wainscoting by hand or machine, and in addition, assisting and aiding Marble, Masonic, and Terrazzo Mechanics. TRAFFIC SAFETY Work associated with barricades, horses and drums used to reduce lane usage on  highway work, the installation and removal of temporary lane markings, and the installation and removal of  temporary road signs. TRUCK DRIVER ‐ BUILDING, HEAVY AND HIGHWAY CONSTRUCTION ‐ EAST & WEST Class 1.  Two or three Axle Trucks.  A‐frame Truck when used for transportation purposes; Air Compressors  and Welding Machines, including those pulled by cars, pick‐up trucks and tractors; Ambulances; Batch Gate  Lockers; Batch Hopperman; Car and Truck Washers; Carry‐alls; Fork Lifts and Hoisters; Helpers;  Mechanics Helpers and Greasers; Oil Distributors 2‐man operation; Pavement Breakers; Pole Trailer, up to  40 feet; Power Mower Tractors; Self‐propelled Chip Spreader; Skipman; Slurry Trucks, 2‐man operation; Slurry Truck Conveyor Operation, 2 or 3 man; Teamsters; Unskilled Dumpman; and Truck Drivers hauling  warning lights, barricades, and portable toilets on the job site. Class 2.  Four axle trucks; Dump Crets and Adgetors under 7 yards; Dumpsters, Track Trucks, Euclids, Hug  Bottom Dump Turnapulls or Turnatrailers when pulling other than self‐loading equipment or similar  equipment under 16 cubic yards; Mixer Trucks under 7 yards; Ready‐mix Plant Hopper Operator, and  Winch Trucks, 2 Axles. Class 3.  Five axle trucks; Dump Crets and Adgetors 7 yards and over; Dumpsters, Track Trucks, Euclids,  Hug Bottom Dump Turnatrailers or turnapulls when pulling other than self‐loading equipment or similar 173 of 312 6/2/2015 Cook County Prevailing Wage for June 2015 http://www.illinois.gov/idol/Laws­Rules/CONMED/rates/2015/june/COOK9999.htm 7/7 equipment over 16 cubic yards; Explosives and/or Fission Material Trucks; Mixer Trucks 7 yards or over;  Mobile Cranes while in transit; Oil Distributors, 1‐man operation; Pole Trailer, over 40 feet; Pole and  Expandable Trailers hauling material over 50 feet long; Slurry trucks, 1‐man operation; Winch trucks, 3  axles or more; Mechanic‐‐Truck Welder and Truck Painter. Class 4.  Six axle trucks; Dual‐purpose vehicles, such as mounted crane trucks with hoist and accessories;  Foreman; Master Mechanic; Self‐loading equipment like P.B. and trucks with scoops on the front. Other Classifications of Work: For definitions of classifications not otherwise set out, the Department generally has on file such definitions  which are available.  If a task to be performed is not subject to one of the classifications of pay set out, the Department will  upon being contacted state which neighboring county has such a classification and provide such rate, such  rate being deemed to exist by reference in this document.  If no neighboring county rate applies  to the task, the Department shall undertake a special determination, such special determination being then  deemed to have existed under this determination.  If a project requires these, or any classification not listed,  please contact IDOL at 217‐782‐1710 for wage rates or clarifications. LANDSCAPING Landscaping work falls under the existing classifications for laborer, operating engineer and truck driver.   The work performed by landscape plantsman and landscape laborer is covered by the existing classification  of laborer.  The work performed by landscape operators (regardless of equipment used or its size) is covered  by the classifications of operating engineer.  The work performed by landscape truck drivers (regardless of  size of truck driven) is covered by the classifications of truck driver. MATERIAL TESTER & MATERIAL TESTER/INSPECTOR I AND II Notwithstanding the difference in the classification title, the classification entitled "Material Tester I" involves the same job duties as the classification entitled "Material Tester/Inspector I". Likewise, the classification entitled "Material Tester II" involves the same job duties as the classification entitled "Material Tester/Inspector II". 174 of 312 For City Council meeting of June 22, 2015 Item A7 Resolution 64-R-15: Temporary Easement for Green Alley Paving Projects For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Sat Nagar, P.E., Assistant Director of Public Works Dan Manis, P.E., Senior Project Manager Subject: Resolution 64-R-15, Temporary Construction Easement for Green Alley Paving Projects Date: June 11, 2015 Recommended Action: Staff recommends City Council adoption of Resolution 64-R-15, authorizing the City Manager to negotiate and execute a temporary construction easement agreement with Northwestern University (NU) for City-owned alleys located west of Sheridan Road north of Garrett Place and Haven Street. Summary: The City of Evanston received a request from Northwestern University to pave two alleys located between Orrington Avenue and Sheridan Road adjacent to Northwestern Properties as indicated in the attached location map. NU submitted the construction plans and specifications were prepared by an outside consultant. The construction plans and specifications were further reviewed by the City staff and subsequently approved; staff is ready to let the projects and award the construction contract. In order for construction to be permitted in public alleys, the City must first approve a temporary construction easement. The total cost of construction including design and construction inspection is $370,000 that is paid by NU. The estimated right-of-way permit fee is $14,400 and staff recommends waiving the fee in lieu of the alley paving cost. The alleys being constructed will be part of a green infrastructure, allowing storm water to infiltrate without entering the sewer system. Attachments: Resolution 64-R-15 Easement Agreement Proposed alley paving locations Letter to neighbors from Northwestern University Memorandum 175 of 312 6/9/2015 64-R-15 A RESOLUTION Authorizing the City Manager to Negotiate and Execute an Easement Agreement with Northwestern University WHEREAS, The City is the owner of two right-of-way sections of alley between (1) North of Haven, East of Orrington (“H” alley, eastern north/south leg); (2) North of Garrett Place, East of Orrington Avenue (“H” alley, western north/south leg) (collectively referred to as the “Property”), which are adjacent to Northwestern University’s (“Northwestern”) campus; and WHEREAS, Northwestern seeks to demolish the existing alley street and construct a “green alley” with porous concrete alleys on the Property that services Northwestern’s campus community, the City will waive the right-of-way permit fees and all remaining costs of construction will be paid for by Northwestern (the “Project”); and WHEREAS, Northwestern has requested that the City grant to Northwestern a Temporary Construction Easement for the Project (“Easement Agreement”) to conduct construction activities on the Property and the City has agreed to grant said easement and the City will maintain and repair the green alley following construction at its expense, NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized to execute the Easement Agreement with Northwestern, the agreement is attached hereto as Exhibit 176 of 312 64-R-15 ~ 2 ~ 1, the terms are incorporated herein by reference. The City is responsible for maintaining and repairing the Property after completion of the Project. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Easement Agreement as he may determine to be in the best interests of the City and in a form acceptable to the Corporation Counsel. SECTION 3: That this Resolution 64-R-15 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2015 177 of 312 64-R-15 ~ 3 ~ EXHIBIT 1 Easement Agreement 178 of 312 PROJECT AGREEMENT THIS PROJECT AGREEMENT (“Project Agreement”) is made as of ________________, 2015 by and between THE CITY OF EVANSTON (“City”) and NORTHWESTERN UNIVERSITY, an Illinois corporation (“Northwestern”) (each referred to herein as “a Party” or, collectively, as “the Parties”). R E C I T A L S A. The City is the owner of two right-of-way sections of alley between (1) North of Haven, East of Orrington (“H” alley, eastern north/south leg); (2) North of Garrett Place, East of Orrington Avenue (“H” alley, western north/south leg) (collectively referred to as the “Property”), which are adjacent to Northwestern’s property commonly known as Northwestern University Evanston Campus. B. Northwestern seeks to demolish the existing alley street and construct porous concrete alleys on the Property that service Northwestern’s campus community (the “Project”). C. Northwestern has requested that the City grant to Northwestern a Temporary Construction Easement to use and access that portion of the Property identified in Exhibit 1 (“Temporary Easement Area”) to conduct construction activities on the Property, solely for purposes of supporting construction on the Property, including staging, pouring of concrete, demolition and hauling away of broken concrete and other associated construction activities for the alley construction project. The City has agreed to grant such Temporary Construction Easement, subject to the terms and conditions of this Project Agreement. NOW, THEREFORE, in consideration of the foregoing Recitals, which are hereby incorporated in and made a part of this Project Agreement as if fully set forth below, the mutual agreement of the parties hereto and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant of Temporary Construction Easement. Subject to the terms of this Project Agreement, City will grant to Northwestern, its invitees, employees, agents, contractors and subcontractors, a Temporary Construction Easement for access over, upon, through and across the Property for construction of the porous concrete alleys on the Property and for no other purposes, the easement area is depicted on Exhibit 1 and incorporated herein by reference (“Temporary Construction Easement”). The Temporary Construct Easement shall commence (“Project Term”), after the Right-of- Way permit is issued by the City and expires November 15, 2015. The parties anticipate that the construction schedule is July 2015 – September 2015 to construct the alleys and Northwestern will complete punch list items for the Alleys in October and November 2015. Northwestern is responsible for all construction staging, traffic control, and signage for the Project. 179 of 312 2 Together with the right of the Grantee, its successors and assigns, to go on said Temporary Construction Easement area with necessary labor, equipment, vehicles and material at any and all times for the purposes of facilitating the construction of the alleys on City Property, the City hereby grants and conveys to Northwestern contractors, subcontractors, agents, employees and representatives, a temporary construction easement (“Temporary Construction Easement”) to enter in, upon, under and across the Property for the Project. Notwithstanding the terms stated in the project agreement between the parties (the “Project Agreement”) which governs the demolition and construction of the Project in the alleys, said Temporary Construction Easement shall include the right and obligation to removal of existing of alley pavement, replacement of alley pavement and minor drainage improvements and restoring the Property to its condition that existed prior to the Northwestern’s entry. 2. Porous Concrete Alley Construction. Northwestern shall adhere to all approved engineering plans and specifications that were approved by the City for this Project. The City and Northwestern agree that the Project shall be at the sole cost and expense of Northwestern, including any and all permit fees for the construction and the survey for the Project. Northwestern shall comply with all local, state and federal regulations during the Project Term for the Project improvements and obtain all necessary permits for construction. The City has agreed to waive the right-of-way permit fee for this Project. Notwithstanding the right-of-way permit fee, all costs associated with this Project shall be paid by Northwestern with no right of reimbursement by the City. Following completion of the Project, the City is responsible for performance and costs associated with maintenance and repair of the Property. 3. Environmental. Northwestern shall comply with all Environmental Laws (hereinafter defined) and shall not cause or permit any Hazardous Substances (hereinafter defined) to be brought, kept or stored on the Property, and shall not engage in or permit any other person or entity to engage in any activity, operation or business on the Property that involves the generation, manufacture, refining, transportation, treatment, storage, handling or disposal of Hazardous Substances. In the event that any work performed by or on behalf of Northwestern on or to the Property exposes, uncovers or results in the presence of Hazardous Substances on the Property (including presence in soils excavated in conjunction with the Project), Northwestern, at its sole cost and expense, shall be responsible for the remediation of such Hazardous Substances in accordance with Environmental Laws, except to the extent caused by City. As used in this Project Agreement, “Hazardous Substances” means all hazardous or toxic materials, substances, pollutants, contaminants, or wastes currently identified as a hazardous substance or waste in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), as amended, the Superfund Amendments and Reauthorization Act (“SARA”), the Resource Conservation and Recovery Act (“RCRA”), or any other federal, state or local legislation or ordinances applicable to the Property. As used in this Project Agreement, “Environmental Laws” means all federal, state and local environmental laws, rules, statutes, directives, binding 180 of 312 3 written interpretations, binding written policies, ordinances and regulations issued by any governmental authority and in effect on or after the date of this Project Agreement with respect to or that otherwise pertain to or affect the Property, or any portion of the Property, the use, ownership, occupancy or operation of the Property, or any portion of the Property, or any owner of the Property, and as same have been amended, modified, or supplemented from time to time, including but not limited to CERCLA, the Hazardous Substances Transportation Act (49 U.S.C. § 1802 et seq.), RCRA, the Water Pollution Control Act (33 U.S.C. § 1251 et seq.), the Safe Drinking Water Act (42 U.S.C. § 300f et seq.), the Clean Air Act (42 U.S.C. § 7401 et seq.), the Solid Waste Disposal Act (42 U.S.C. § 6901 et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. § 11001 et seq.), the Radon and Indoor Air Quality Research Act (42 U.S.C. § 7401 note, et seq.), SARA, comparable state and local laws, and any and all rules and regulations that are effective as of the date of this Project Agreement, or become effective after the date of this Project Agreement under any and all of the aforementioned laws. 4. Covenants and Conditions. Northwestern covenants, warrants and agrees that with respect to the activities contemplated under this Project Agreement that: (i) no waste or damage shall be committed upon or to the Property; (ii) the Property shall be used for only the purposes set forth herein; (iii) the Property shall not be used for any unlawful purpose and no violations of Laws (hereinafter defined) or duly constituted authority shall be committed thereon; (iv) Northwestern shall keep the Property in a clean and sanitary condition; (v) Northwestern shall not do or permit to be done anything upon the Property that may subject City to any liability for injury or damage to person or property, or result in a violation of any Laws and (vi) the work performed on or to the Property pursuant to this Project Agreement or the Construction and Site Plan shall not adversely affect the City’s ability to use the Property, except as previously agreed to by the City and reflected in plan descriptions as previously represented to the City. 5. Insurance and Indemnification. Northwestern, or its contractors or subcontractors, shall procure and maintain for the duration of the Project Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the Project by Northwestern, its agents, subcontractors, representatives and employees. Northwestern must give to the City Certificates of Insurance identifying City to be an Additional Insured for all Work done pursuant to this Project Agreement before City staff recommends award of the contract to City Council. Any limitations or modifications on the Certificate(s) 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 to this Section. Such insurance will not be canceled or reduced without sixty (60) days prior written notice (hand delivered or registered mail) to City. Northwestern or its contractors or subcontractors shall promptly forward new certificate(s) of insurance evidencing the coverage(s) required herein upon annual renewal of the subject policies. 181 of 312 4 . All insurance policies shall be written with insurance companies licensed or authorized to do business in the State of Illinois and having a rating of not less than A- XIII or better as published within the prior twelve months, or if none, the most recent edition of Best’s Key Rating Guide, Property-Casualty Edition, or otherwise acceptable to City, which approval shall not be unreasonably withheld. Any deductibles or self-insured retentions must be declared to and approved by City. 5.1.2 Commercial general liability coverage at least as broad as Insurance Services Office Commercial General Liability occurrence coverage (“occurrence” form CG0001, Ed. 11/88) with a limit of not less than $2,000,000 per occurrence. If the insurance includes a general aggregate limit, that limit shall apply separately to this Project Agreement or it shall be at least twice the required per occurrence limit. Deductibles shall be commensurate with industry practice. Northwestern understands that the acceptance of Certificates of Insurance, policies, and any other documents by the City in no way releases the Contractor and its subcontractors from the requirements set forth herein. 5.1.3 Northwestern’s, or contractor’s or subcontractors’, insurance and any insurance provided in compliance with these specifications shall be primary with respect to any insurance or self-insurance programs covering the City, its City Council and any officer, agent or employee of City. In the event Northwestern, or contractor or subcontractor, fails to purchase or procure insurance as required above, the parties expressly agree that Northwestern 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 Northwestern. 5.1.4 All liability coverage required above shall name the City, its City Council and every officer, agent and employee of the City as an additional insured. 5.1.5 Where available, the insurer shall agree to waive all rights of subrogation against the City, its City Council and every officer, agent and employee of City. In the event any insurance required to be maintained herein becomes unavailable or is not available on commercially reasonable terms, Northwestern shall maintain or shall cause to be maintained the best that is available on commercially reasonable terms as agreed to by the City in writing. 5.2 Indemnity Northwestern shall defend, indemnify and hold harmless City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages (“Losses”) as a result of claims, demands, suits, actions, or proceedings of 182 of 312 5 any kind or nature, including without limitation 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 Northwestern or Northwestern’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 Project Agreement. Northwestern agrees to cooperate in the event any litigation is brought against the City by any party seeking to enjoin, restrain, or stop the Work contemplated by this Agreement. Nothing contained herein shall be construed as prohibiting 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. Northwestern 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 City and employees and agents, including without limitation the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. At the City Corporation Counsel’s option, Northwestern 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 Northwestern of any of its obligations under this Project Agreement. Any settlement of any claim or suit related to activities conducted under this Project by Northwestern 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 greatest extent permissible by law, Northwestern 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 Northwestern 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 without limitation, 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. All provisions of this section shall survive completion, expiration, or termination of this Agreement. 6. Compliance with Laws. Northwestern, at its cost and expense, shall be responsible for obtaining any and all permits, leases and other governmental approvals, leases, consents and authorizations which may be required for the use of the Property and exercise of its rights pursuant to this Project Agreement. Northwestern shall at all times comply with all applicable legal or governmental statutes, laws, codes, orders, requirements, regulations, ordinances and rules (collectively, “Laws”). 7. Default. It shall be considered a “Default” under this Project Agreement if Northwestern fails to substantially comply with any provision of this Project Agreement 183 of 312 6 and does not cure such failure within 30 days after notice, except where the default cannot reasonably be cured in 30 days, in which case if Northwestern has begun and continues efforts to remedy the default as soon as practicable, then such additional time shall be given to remedy the default. In the event of a Default, the City may terminate this Project Agreement by written notice to Northwestern. Such termination right shall be in addition to all rights and remedies available to the City at law or in equity. 8. Third Party Beneficiaries; No Effect on Other Rights of the Parties. This Project Agreement is not intended to and in no way confers any rights upon third parties. This Project Agreement is not intended to and in no way confers any rights of access or use by the Parties, or any other third party, to either Party’s property except as specifically described herein. 9. Attorneys’ Fees, Jurisdiction for Disputes, and Governing Law. Should a party incur costs, charges and expenses, including court costs and attorneys’ fees, to enforce rights or obligations under this Project Agreement, then such costs, charges, and expenses shall be recoverable from the other party. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Illinois, excluding its choice of law rules. In the event of a dispute hereunder, the parties agree to submit to the exclusive jurisdiction of the state courts of, and federal courts sitting in, Cook County, Illinois. 10. Notices. Any notice, demand, request or other communication which any party may desire or may be required to give to any other party hereunder shall be given in writing at the addresses set forth below by any of the following means: (a) personal service; (b) electronic communication, by facsimile together with confirmation of transmission; (c) overnight courier; or (d) registered or certified United States mail, postage prepaid, return receipt requested. If to Grantee: Northwestern University Attn: Executive Vice President 633 Clark Street Evanston, Illinois 60208 With a copy to: Northwestern University Attn: Office of General Counsel 633 Clark Street Evanston, Illinois 60208 If to the Grantor: City of Evanston Attn: City Manager 2100 Ridge Avenue Evanston, Illinois 60201 With a copy to: City of Evanston Law Department Attn: Corporation Counsel 2100 Ridge Avenue 184 of 312 7 Evanston, IL 60201 11. Entire Agreement. This Project Agreement shall constitute the entire contract between the parties and shall supersede any and all prior agreements between the parties hereto with respect to the granting use of the Property to Northwestern. No modification, waiver or amendment of this Lease Agreement or any provision hereof shall be valid unless the same is in writing, and signed by both parties hereto. 12. Counterparts. This Project Agreement may be executed in any one or more counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one Project Agreement. [SIGNATURES FOLLOW ON NEXT PAGE] 185 of 312 8 IN WITNESS WHEREOF, the parties hereto have executed this Project Agreement as of the day and year first above written. NORTHWESTERN CITY: NORTHWESTERN UNIVERSITY, an CITY OF EVANSTON, a municipal Illinois corporation corporation in the State of Illinois By: By: Name: Name: Title: Title: 186 of 312 EXHIBIT 1 Temporary Easement Area 187 of 312 TEL 847.478.9700 FAX 847.478.9701 Know what's R 188 of 312 HARRISON STMEADOW-LARK LNGLENVIEW RD THAYER ST ARBORLN KNOX CIRHIGHLAND AVELAWNDALE AVEPARK PL EWING AVECOLFAX ST BENNETT AVEBRADLEY PLFOSTER STST E W A R T A V E HARRISON STWALNUT AVEGREY AVEDODGE AVEDARROW AVEDEWEY AVEASHLAND AVEEMERSON ST LYONS ST MADISON STOAK AVEOAKCLARK STASBURY AVECASE ST FOSTER ST CLINTON PL LINDEN PL UNIVERSITY PL CLARK S T CLYDE AVEHINMAN AVE INGLESIDE PK GREELEYHILLSIDE LN NOYES CULVER ISABELLA ST PAYNE ST CALVIN CIR LAWNDALE AVETHAYER ST PARK PL PITNER AVELAKE STLEMAR AVEDEMPSTER STHARTREY AVEPR A I R I E A V E BROWNLIVINGSTON ST THELIN CTASHLAND AVEJACKSON AVEWESLEY AVECRAINASBURY AVESHERMAN AVECHICAGO AVE GARRETT PL MILBURN PK DEMPSTER STGROSS POINT RDPAYNE DARTMOUTH PL PROSPECT AVECOWPER AVECENTRAL ST LINCOLNWOOD DRELGI N R D WOODLAND RD PITNER AVENATHANIEL PL CHURCH ST NOYES ST RICHMOND AVEWARREN STGREY AVEGREYHOVLAND CTBROWN AVEG R E E N B A Y R D DARROW AVESOUTH BLVDDARROW AVELYONS STWOODBINE AVEJENKS ST WASHINGTON STASHLAND AVECROFT LNWESLEY AVEROSALIE ST BARTON AVELEE STRIDGE AVEOAK AVEMAPLE AVELINCO LN ST CASE PL LAKE ST CHURCH S TORRINGTON AVEINGLESIDE PL FOREST AVETECH DR SHERIDAN RD HILLSIDE RD SIMPSON STHASTINGS AVEOTTO LN RIDGEWAY AVEMARCY AVEFORESTVIEW RDREESE AVEBENNETT AVEHOWARD STHARTREY AVECLEVELAND STFOWLER AVECRAIN STPITNER AVEBROWN AVEWASHINGTON STHARTREY AVEBROWN AVEGREY AVEFLORENCE AVEASBURY AVEMONROE STST. MARK'S CTRIDGE AVEELMWOOD AVESHERMAN AVESHERMAN AVEHAMLIN ST GAFFIELD PL SHERMAN PL GREENWOOD STHINMAN AVESHERMAN AVEHAVEN ST EUCLIDPARK PL JUDSON AVE SOUTH BLVD LEE STJUDSON AVEMICHIGAN AVESHERIDAN SQLAKE SHORE BLVDSH E R IDAN RD THAYERST T H A Y E R C T CRAWFORD AVECOLFAX PL TRINITY CT HARTZELL ST NORMANDY PL HURD AVEMcDANIEL AVEWADE CTMARTHA LNHARTZELL ST PITNER ALYGREENWOOD STMcCORMICK BLVDGREY AVEKEENEY ST GREENLEAF ST BRI D G E ST PAYNE ST ISABELLA ST FLORENCE AVECLEVELAND STDEWEY AVECOLFAX TER CENTRAL ST CHANCELLOR WASHINGTON STRIDGE AVEGARNETT PL LEONARD PL BRUMMEL ST MULFORD STMAPLE AVEELG I N R D COLFAX STRIDGE AVER ID GE TER DAVIS S T LIBRARY PL DARTMOUTH PL CHICAGO AVE KEDZIE ST MAIN ST FOREST AVEARTSCIRCLE DR ARNOLD PLSHERIDAN RDPRINCETON AVEMARCY AVEISABELLA ST LINCOLN ST THAYER ST HAWTHORNE LN LINCOLN ST COLFAX STLIVINGSTON DODGE AVEGROVE ST HARRISONBROADWAY AVECHANCELLOR ST FOSTER STJACKSON LIVINGSTON DOBSON ST HARVARD TER SOUTH BLVDRIDGE CTRIDGEAVESIMPSON STBRYANT AVEOAKTON ST EMERSON ST MONTICELLO PL HINMAN AVEKEENEY ST GREENLEAF ST MICHIGAN AVEBURNHAM PLPRINCETONWELLINGTON CTC R A W F O R D LINCOLNWOOD DRBRUMMEL PLMcCORMICK BLVDMcDANIEL AVEMcDANIEL AVESIMPSON ST OAKTON ST MADISON PLLAUREL AVEPIONEER RDPAYNE STELM AVESEWARD STBROWN AVELEE ST GREY AVEGREY AVEDOBSON STDODGE AVESEWARD STDEWEY AVEWESLEY AVEWESLEY AVEELINOR PL DAVIS STWESLEY E A S T R A I L R O A D A V E LEON PL NOYES ST GRANTGIRARD AVESEWARD STELMWOOD AVEREBA PL NOYES CTGARRISON AVESHE RID AN RD CALLAN AVEGROVE S T CALLANJUDSON AVELAKESIDE CT HAMILTON ST HAYES CLIFFORD STBERNARD PLTHAYER PARK PL CENTRAL PARK AVEGRANT STEWING AVEMcDANIEL AVECENTRAL ST HARTREY AVEFOWLER AVELELAND AVELYONS ST BRUMMEL STDEWEY AVEKEENEY STDODGE AVEMAIN STDARROW AVEGRANT ST P R A I R I E A V E P O P L A R A V E G R E E N B A Y R D MULFORD ST ASHLAND AVEKIRK ST WILDER STEASTWOOD AVEASHLAND AVEASBURY AVEWESLEY AVEASBURY AVEHAMPTON PKYHULL TER AUSTIN STPRATT CTRIDGE AVEBENSON AVECENTRAL ST SHERIDAN PL R OS LYN PL HOWARD STCUSTER AVEMILBURN ST SHERIDAN RDFOREST PLCAMPUS DREDGEMERE CTNORTH SHORE CHANNELNORTH SHORE CHANNELLAKEMICHIGAN1200 1800 29002300200019001600400100 200 800 900 1000 1700 2100 2700 2800 500 2100 2700 340030002200160015001000500300300 1100 1200 1300 1800 1900 2300 2900 900 28002500270025007006005002400 1400 1500 1900 2200 2300 2600 350026002400180017001500120011001000800600 2500 2600 300 400 600 800 700 2800 3600230020002200130012001100700200400 1600 200 1000 380033001700900900200500 2000 1300 1600 2500 2400 370026002400210019001400100300100700 1400 1500 2200 100 1100 1700 2000 3200310021001800130014008006004000 0.5 10.25 Mile ´ This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. 2015 ALLEY LOCATION 2015 NORTHWESTERN GREEN ALLEY PROJECT City of Evanston Department of Public Works Document Name: 2015 NU Alleys location map Date: 6/11/2015 189 of 312 Department of Facilities Management Operations Northwestern University 2020 Ridge Avenue, Suite 200 Evanston, IL 60208 2015 Alley Paving Notice PROJECT DESCRIPTION LOCATIONS: There are two alleys scheduled for summer 2015. • Alley South of Noyes St., North of Haven St, East of Orrington Ave and West of Sheridan. The east of the 2 alleys alongside the surface Parking lot. • Alley South of Haven St., North of Garret Place, East of Orrington Ave and West of Sheridan DETAILS: The construction will include the necessary sewer improvement, installation of drainage structures and paving the alley with 8” thick Portland Cement Concrete. SCHEDULE The contractor will begin construction in the Alley North of Noyes Street. The schedule to begin the work will be June 23rd with completion no later than August 15th. CONTRACTOR The contractor for this street improvement has not been determined. SUPERVISION The project is under the supervision of Northwestern University Facility Management Department. If there are any questions prior to the start of the project please contact Facility Management Charles Davidson at 847-467-2633. The project on site management will be by the Gewalt Hamilton and Associates. The Resident Engineer from Gewalt Hamilton will be Dave Marquardt. He will be directly responsible for all aspects of the construction. If you have a problem during construction, please contact the Resident Engineer at 847-344-4492. Sincerely, Charles Davidson Senior Project Manager Facility Management Operations 190 of 312 To: Honorable Mayor, Members of the City Council Administration and Public Works Committee From: Richard Eddington, Chief of Police Subject: Resolution 67-R-15, Authorizing an Agreement with Logan Consulting Services for Diversity and Inclusion Interactive Workshop for Evanston Police Department Date: June 9, 2015 Recommendation Staff recommends City Council adopt Resolution 67-R-15 authorizing the City Manager to execute a contract for the Diversity and Inclusion Interactive Workshop Series with Dr. Gilo Kwesi Logan, President of Logan Consulting Services located in Evanston, Illinois at a total cost of $55,000. Funding Sources Payments will commence at the start of the workshop series. The total cost will be paid in three incremental payments; one payment at the beginning of each term from account listed, as follows: 2260.62295 Training and Travel, Office of Admin / 1st term $19,000 2260.62295 Training and Travel, Office of Admin / 2nd term $19,000 2260.62295 Training and Travel, Office of Admin / 3rd term $17,000 Total: $55,000 Discussion EPD is a diverse force of 164 sworn officers and 62 civilian personnel that serves a diverse population in Evanston, IL. There is a strong desire to further develop a diversity management training process for the EPD and show the Evanston community that the Chief of Police, the EPD, and the City of Evanston are responsive to the needs of the Evanston community, particularly, in this case, the African American community. Objectives The objectives for this project - for all EPD personnel - include: 1. Develop awareness and knowledge of the consequences of systems of differentiation and devaluation on the objective conditions and lived experiences Memorandum For City Council meeting of June 22, 2015 Item A8 Resolution 67-R-15: Agreement for Diversity and Inclusion Workshop for Police For Action 191 of 312 of the community, and how this influences community perception of, and interaction with, the EPD; 2. Explore their own biases, prejudices, power, privilege, and experiences with oppression and the impact of this upon community policing; 3. Develop a basic understanding ethnic/racial identity development and ways this may impact both, relationships within the EPD, and relationships between the EPD and Evanston’s African American community; 4. Increase cultural awareness, knowledge and skills for strengthening partnerships with the community; 5. Foster a more positive image of and partnership between Evanston’s African American community and EPD. The value and impact of achieving the above objectives include: EPD and City of Evanston • Promoting to the community that the Chief of Police, EPD and the City are serious, culturally sensitive, and committed to maintaining its values of “integrity, courtesy, and an organizational climate of trust and respect;” • Broadened ability to honor the commitment to “fostering values that serve a diverse population and its needs;” • Increased ability to honor the commitment “to a Partnership with the Evanston community;” • Employing a more bias free and inclusive policing culture that truly honors and values diverse populations; • Promoting open dialogue among officers and personnel; maximizing lifelong learning opportunities that positively impacts diversity management and community policing. ------------------------------------------------------------------------------------- Attachments: Resolution 67-R-15 Proposed Contract with Logan Consulting Services, LLC 192 of 312 6/16/2015 67-R-15 A RESOLUTION Authorizing the City Manager to Execute a Contract with Logan Consulting Services for the Diversity and Inclusion Interactive Workshop for the Evanston Police Department NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Legislative Statement. The City Council is committed to efficient and courteous police services in the City while recognizing the strength of our diverse community. The City Council determined that it is appropriate to engage Logan Consulting Services to further these goals. Given Logan Consulting Services long-standing and particularized ties to the community, it is appropriate to engage this vendor in providing these services. The Chief of Police conducted a review of prior Diversity training. Based on that research, the Chief of Police believes that Dr. Logan offers a unique combination of personal knowledge of Evanston and the doctor’s established reputation for delivering Diversity and Legitimacy Training to the Evanston Community. Nothing in this contract or the services provided by the contract vendor shall be held to diminish or impair in any way the immunities conferred upon the City by the Local Governmental and Local Governmental Employees Tort Immunity Act, 745 ILCS 10/ et seq. SECTION 2: That the City Manager is hereby authorized and directed to execute, on behalf of the City of Evanston, the following contract for services to be 193 of 312 67-R-15 provided by Logan Consulting Services. This contract is attached hereto as Exhibit 1, and incorporated herein by reference. SECTION 3: That the City Manager is hereby authorized and directed to negotiate any additional terms and conditions of the contract s as may be determined to be in the best interests of the City, and in a form approved by the Corporation Counsel. SECTION 4: This Resolution 67-R-15 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: __________________, 2015 ~2~ 194 of 312 67-R-15 EXHIBIT 1 Contract ~3~ 195 of 312 196 of 312 197 of 312 198 of 312 199 of 312 200 of 312 201 of 312 For City Council meeting of June 22, 2015 Item A9 Resolution 68-R-15: Intergovernmental Agreement with IDOT for Street Maintenance For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works James Maiworm Assistant Director of Public Works O & M Subject: Resolution 68-R-15, Intergovernmental Agreement with the Illinois Department of Transportation for Street Maintenance Date: June 10, 2015 Recommended Action: Staff recommends that City Council adopt Resolution 68-R-15 which authorizes the City Manager to execute an intergovernmental agreement for street maintenance with the Illinois Department of Transportation (IDOT). This agreement will allow for the reimbursement of routine maintenance of state routes including surface and pothole repairs, litter disposal and other routine operational services. Summary: The City will repair and maintain street routes via patching, surface repair, cleaning and other services. Costs associated with routine street maintenance will be recouped via quarterly payments. The reimbursement amount for the City to maintain the routes listed in the attached agreement shall not exceed the total compensation amount of $551,980 over a ten year period. The City will receive quarterly reimbursements in the average amount of $13,799.50 beginning July 1, 2015. The total first year payment will be $55,198.00 and this represents a 2.71% increase over the last contract period. Evanston has participated in this agreement with IDOT for the past 30 years. This program allows the City to provide a higher level of service on local roads under IDOT jurisdiction. Such critical services such as snow and ice control, pothole patching and street cleaning are accomplished in a more effective and timely manner because of this agreement. Attachments: Resolution 68-R-15 Intergovernmental Agreement with IDOT Memorandum 202 of 312 6/17/2015 68-R-15 A RESOLUTION Authorizing the City Manager to Execute an Intergovernmental Agreement with the Illinois Department of Transportation for the Routine Maintenance of State Routes WHEREAS, pursuant to Section 10 of Article VII of the Illinois Constitution of 1970, and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. public agencies may contract or otherwise associate among themselves, or transfer any power or function, in any manner not prohibited by law or ordinance; WHEREAS, the City of Evanston and the Illinois Department of Transportation (“IDOT”) are “public agencies” within the meaning of the Illinois Intergovernmental Cooperation Act and the aforementioned public agencies desire to enter into an intergovernmental agreement to share resources; WHEREAS, the state will continue to reimburse the City of Evanston for all expenses incurred by the City pursuant to its work under the intergovernmental agreement; WHEREAS, the intergovernmental agreement outlines that the City agrees to continue to assist with Routine Maintenance of State Routes throughout the City of Evanston (the “Intergovernmental Agreement,” attached hereto as “Exhibit A”); and NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: 203 of 312 68-R-15 - 2 - SECTION 1: The City Manager is hereby authorized to negotiate and further execute the Intergovernmental Agreement with IDOT, which will conform to the referenced objectives. The Intergovernmental Agreement will be approved as to form by the City’s Corporation Counsel prior to execution. SECTION 2: 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: __________________, 2015 204 of 312 68-R-15 - 3 - EXHIBIT A Intergovernmental Agreement 205 of 312 fi;;)\ Illinois Department� of Transportation Intergovernmental Agreement Governmental Body Name City of Evanston Address 2100 Ridge Aven ue City, State, Zip Evanston Illinois 60201 Remittance Address (if different from above) City, State, Zip Telephone Number (847) 448-4311 I Fax Number None Brief Description of Service (full description specified in Part 5) Rou tine m aintenance of State ro u tes. Compensation Method (full details specified in Part 6) I FEINfTIN 36-6005870 I DUNS NA Agreement Term �Lu=m�1�pS�u�m����������������41�:�z�-�-�"������ From: J uly 01, 2015 Total Compensation Amount Advance Pay D yes $634, 100 Esti m ate 181 No To: J u ne 30, 2025 REQUIRED SIGNATURES By signing below, the GOVERNMENTAL BODY and the DEPARTMENT agree to comply with and abide by all provisions set forth in Parts 1-8 herein and any Appendices thereto. FOR THE GOVERNMENTAL BODY: (Name and Title of Authorized Representative) FoR THE DEPARTMENT: Aaron A. Weatherholt, Deputy Director, Division of Highways Omer M. Osman, P.E., Director, Division of Highways & Chief Engineer Date: By: (Signature of Authorized Representative ) Date By: By: William M. Barnes, Chief Counsel (Approved as to form) Jim J. Ofcarcik, Interim Chief Financial Officer Randall S. Blankenhorn, Acting Secretary of Transportation Print Name Print Title Date Date Date Date Printed 5/11 /2015 BoBS 9073 (Rev. 02/05/2015) Page 1 of 8 OP-D1 Evanston Maintenance Agreement 15 911 085 01 Appropriation Code 011-49405-4472-0200 206 of 312 207 of 312 208 of 312 209 of 312 In either instance, the GOVERNMENT AL BODY shall be paid for the value of all authorized and acceptable work performed prior to the date of termination, based upon the payment terms set forth in the Agreement. D.Location of Service. Service to be performed by the GOVERNMENT AL BODY shall be performed as described in Part 5. E.Ownership of Documents/Title to Work. [Not Applicable To This Agreement] F.Software. [Not Applicable To This Agreement] G.Confidentiality Clause. Any documents, data, records, or other information given to or prepared by the GOVERNMENTAL BODY pursuant to this Agreement shall not be made available to any individual or organization without prior written approval by the DEPARTMENT. All information secured by the GOVERNMENTAL BODY from the DEPARTMENT in connection with the performance of services pursuant to this Agreement shall be kept confidential unless disclosure of such information is approved in writing by the DEPARTMENT. H.Reporting/Consultation. The GOVERNMENTAL BODY shall consult with and keep the DEPARTMENT fully informed as to the progress of all matters covered by this Agreement. I.Travel Expenses. Expenses for travel, lodging, or per diem is NOT allowed pursuant to this Agreement. J.Indemnification. Unless prohibited by State law, the GOVERNMENT AL BODY agrees to hold harmless and indemnify the DEPARTMENT, and its officials, employees, and agents, from any and all losses, expenses, damages (including loss of use), suits, demands and claims, and shall defend any suit or action, whether at law or in equity, based on any alleged injury or damage of any type arising from the actions or inactions of the GOVERNMENTAL BODY and/or the GOVERNMENTAL BODY'S employees, officials, agents, contractors and subcontractors, and shall pay all damages, judgments, costs, expenses, and fees, including attorney's fees, incurred by the DEPARTMENT and its officials, employees and agents in connection therewith. GOVERNMENTAL BODY shall defend, indemnify and hold the DEPARTMENT harmless against a third-party action, suit or proceeding ("Claim") against the DEPARTMENT to the extent such Claim is based upon an allegation that a Product, as of its delivery date under this Agreement, infringes a valid United States patent or copyright or misappropriates a third party's trade secret. K.Equal Employment Opportunities, Affirmative Action, Sexual Harassment. The GOVERNMENTAL BODY will comply with the Illinois Human Rights Act with respect to public contracts, including equal employment opportunity, refraining from unlawful discrimination and having a written sexual harassment policy. L.Tax Identification Number. GOVERNMENTAL BODY certifies that: 1.The number shown on this form is a correct taxpayer identification number (or it is waiting for a number to be issued.), and 2.It is not subject to backup withholding because: (a) it is exempt from backup withholding, or (b) has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified the GOVERNMENTAL BODY that it is no longer subject to backup withholding, and 3.It is a U.S. entity (including a U.S. resident alien). NAME OF GOVERNMENTAL BODY: Taxpayer Identification Number: Printed 5/11/2015 8088 9073 (Rev. 02/05/2015) City of Evanston 36-6005870 Page 5 of 8 OP-01 Evanston Maintenance Agreement 15 911 085 01 Appropriation Code 011-49405-4472-0200 210 of 312 211 of 312 212 of 312 213 of 312 214 of 312 For City Council meeting of June 22, 2015 Item A10 Ordinance 81-O-15: Café Lease for Gibbs-Morrison Cultural Center For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Joe McRae, Director Parks Recreation a& Community Services Christina Ferraro, Assistant Director of Community Services Subject: Approval of Ordinance 81-O-15 Date: June 22, 2015 Recommended Action: Staff recommends approval of Ordinance 81-O-15 authorizing the City Manager to negotiate and execute a Lease Agreement Lease with First Slice Pie Café to rent commercial kitchen and storage space at the Gibbs-Morrison Cultural Center located at 1823 Church Street. Funding Source: Rental revenues will be deposited into the Gibbs-Morrison Cultural Center business unit 3225. Background: In April 2015, staff sought letters of intent for an experienced organization to lease, equip and fully operate the café located at 1823 Church St. in the Gibbs-Morrison Cultural Center (GMCC). First Slice Pie Café (First Slice), an organization with three cafés on the north side of Chicago, submitted a letter of intent. They are known for their pies and have a varied menu including soups, salads, and sandwiches. They are more importantly known for “making sure that those in need receive the first slice, not just the crusts”. All of their proceeds provide support for their Outreach Program, which partners with local agencies to serve over 600 meals a week to their neighbors who struggle with hunger and homelessness. Expanding into Evanston will allow them to develop new partnerships serving the Evanston community. Per §6-3-5-10 of the City Code, this is a substitution of a special use as the café will be similar in nature and intensity to the special use as in the past on this property. It will present no differing or additional impact from a zoning perspective. Memorandum 215 of 312 Summary: Staff proposes entering into a five year lease with an option to renew. The draft lease is attached. The lease includes exclusive use of the café space and an adjacent storage room and office space; the total square footage is 383. The annual rental rate is $25 per square foot (total annual rent will be $9,575; total monthly rent $798). First Slice will at its own cost, fully equip the commercial kitchen. First Slice will employee approximately eight employees (one manager, one assistant manager, three to four baristas, and two to three cooks). First Slice has agreed to hire a minimum of two Evanston residents (this is memorialized in the lease), and will make best efforts to hire as many Evanstonians as possible. First Slice has also agreed to host a community job fair at GMCC prior to its planned opening. At the end of the first six months in operation, City staff and First Slice will evaluate sales, hours of operation, and experience sharing space within this new community center to determine if adjustments are required. Attachments: Ordinance 81-O-15 Copy of Lease 216 of 312 6/5/2015 81-O-15 AN ORDINANCE Authorizing the City Manager to Execute a Lease of City-Owned Real Property Located at 1823 Church Street with Pie Café, LLC WHEREAS, the City of Evanston owns certain real property located at 1823 Church Street, Evanston, Illinois 60201, which is improved with a single story building commonly known as the “Gibbs Morrison Cultural Center” (the “Property”); and WHEREAS, the Property is equipped with a commercial kitchen and café space and available to be leased; and WHEREAS, Pie Café, LLC, d/b/a “First Slice Pie Café” has three existing locations in Chicago and seeks to expand its pie and café business into Evanston; and WHEREAS, the City Council has determined that the kitchen and storage space is not necessary to City operations at the Property and it’s in the City’s best interests to lease the spaces to Pie Café, LLC for the operation of a pie shop and café, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Pursuant to Subsection 1-17-4-1 of the Evanston City Code of 2012, as amended (the “City Code”), the City Manager is hereby authorized and directed to execute, on behalf of the City of Evanston, the Lease Agreement for the commercial kitchen and storage space at the Property, by and between the City of Evanston, as landlord, and Pie Café, LLC, as tenant. The Lease Agreement shall be in 217 of 312 81-O-15 ~2~ substantial conformity with the Lease Agreement attached hereto as Exhibit “1” and incorporated herein by reference. SECTION 3: 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 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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. Ayes: ______________ Nays: ______________ Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 218 of 312 81-O-15 ~3~ EXHIBIT 1 LEASE AGREEMENT 219 of 312 LEASE AGREEMENT FOR THE PREMISES LOCATED AT 1823 CHURCH STREET, EVANSTON, ILLINOIS, BY AND BETWEEN THE CITY OF EVANSTON, LANDLORD AND FIRST SLICE PIE CAFÉ, TENANT 220 of 312 INDEX Section Title Page Number SECTION 1. DESCRIPTION OF PREMISES ......................................................................... 1 SECTION 2. TERM ................................................................................................................ 1 SECTION 3. RENT ................................................................................................................. 2 SECTION 4. COMMON FACILITIES ...................................................................................... 2 SECTION 5. USE OF PREMISES .......................................................................................... 4 SECTION 6. SIGNS ............................................................................................................... 6 SECTION 7. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS ......................................................................................................... 6 SECTION 8. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT ............................ 7 SECTION 9. REPAIRS AND MAINTENANCE ....................................................................... 8 SECTION 10. UTILITIES .......................................................................................................... 8 SECTION 11. TAXES ............................................................................................................... 8 SECTION 12. INSURANCE ..................................................................................................... 8 SECTION 13. SUBLETTING; ASSIGNMENT .........................................................................10 SECTION 14. SURRENDER OF PREMISES; HOLDING OVER .............................................10 SECTION 15. INDEMNIFICATION AND LIENS ......................................................................10 SECTION 16. LANDLORD’S RIGHT OF INSPECTION AND REPAIRS .................................11 SECTION 17. DEFAULT AND REMEDIES .............................................................................11 SECTION 18. REMOVAL OF OTHER LIENS .........................................................................12 SECTION 19. REMEDIES NOT EXCLUSIVE ..........................................................................14 SECTION 20. EXPENSES OF ENFORCEMENT ....................................................................14 SECTION 21. EMINENT DOMAIN ..........................................................................................14 SECTION 22. GOVERNMENTAL INTERFERENCE WITH POSSESSION .............................15 SECTION 23. PEACEFUL ENJOYMENT ...............................................................................15 SECTION 24. EFFECT OF WAIVER OF BREACH OF COVENANTS ....................................15 SECTION 25. AMENDMENTS TO BE IN WRITING ................................................................15 SECTION 26. PARTIES BOUND ............................................................................................15 SECTION 27. NOTICES ..........................................................................................................16 SECTION 28. MISCELLANEOUS ...........................................................................................16 SECTION 29. VENUE AND JURISDICTION ...........................................................................17 SECTION 30. FORCE MAJEURE ...........................................................................................17 221 of 312 1 This Lease Agreement (the “Agreement” or “Lease”) shall take effect as of the date of execution of the Agreement by the City (the “Effective Date”). This Lease is by and between The City of Evanston, an Illinois home rule municipality and owner of subject Property (“Landlord”), whose main business office is located at 2100 Ridge Avenue, Evanston, Cook County, Illinois, “Landlord”, and Pie Café LLC, an Illinois limited liability company d/b/a “First Slice Pie Café” (“Tenant”). Landlord and Tenant may be referred to collectively as the “Parties”. SECTION 1. DESCRIPTION OF PREMISES A. TENANT PREMISES. Landlord leases to Tenant and for its exclusive use the commercial kitchen and storage space located at 1823 Church Street, Evanston, Illinois 60201 (the “Premises”), which is approximately 383 square feet (207 sq feet – kitchen; and 176 sq feet – storage space) and located within the building commonly known as the Gibbs Morrison Cultural Center (“Property”). The Landlord and other tenants at the Property will not have access to utilize the kitchen. B. COMMON FACILITIES. The Property has various uses including a music studio, community programming for the Parks, Recreation and Community Services Department of the City of Evanston, and many other uses. The term “Common Facilities” as used in this Agreement will include those areas and facilities within the Property (outside of the Premises) for the nonexclusive use of Tenants in common with other authorized users, and includes, but is not limited to, café seating, patio seating, sidewalks, planted areas, 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. C. CAFÉ SEATING AREA: The seating area inside the Property and on the patio will be shared by Tenant patrons and community members utilizing the Property. The Parties will evaluate the seating to address demand needs to ensure that Tenant has adequate seating for its patrons. Tenant will be allocated 50% of the seating on the patio area for its patrons. Landlord will purchase all furniture for the seating area. D. IMPROVEMENTS TO PREMISES: 1. Tenant acknowledges that all improvements to the Premises, including adding a ice machine, widening counter, display cooler, installation of new sink, freezer, adding additional outlets, and other improvements are at the sole cost and expense of Tenant. Tenant will utilize it’s own contractors to perform the work and installation of equipment, subject to building permit approval and other City Code restrictions. 2. The Landlord will paint the interior of the Premises and repair and refinish the wooden counter area. The costs associated with this painting and repair will be the City’s expense. 222 of 312 2 3. Gas Line: The City will pay to uncap the existing gas line into the property. The Tenant is responsible for reconnecting the service and paying the gas bill that services the Premises. SECTION 2. TERM A. TERM DEFINED: The term of this Agreement will be for five years (60 months), July 1, 2015 – June 30, 2020 (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. Tenant is provided the option to renew the Agreement for an additional five years, this renewal and decision to exercise the option must be authorized by written consent of the Parties and must be authorized by the City Council. B. EVALUATION: At the end of the first six months of the Lease, the Parties will meet to discuss the operations, shared café table and patio use, hours of operation, special events, and any other operational concerns. The Parties will work cooperatively to address any and all issues that are discussed during the six month evaluation. After the six month evaluation, the Parties will meet annually to discuss the issues outlined above during the six month evaluation. C. JOB FAIR: Tenant will be hosting a job fair at the Premises prior to opening for business. Tenant will publicize the event and host it at Tenant’s expense. Tenant agrees to hire 2 Evanston residents to work at the Premises during the Term. D. EVENTS IN THE PREMISES AND PROPERTY: Tenant is not the exclusive caterer for City sponsored events at the Property. However, the City will seek to utilize Tenant for events during the Term. SECTION 3. RENT A. RATE: Tenants agree to pay Landlord an annual rental payment (the “Rent”) for the Term 5 years/60 months), the Rent rate of $798 per month, for total Rent of $9,575 per year (rental rate is based on $25/sq. foot). Tenant’s obligation to pay rent commences on September 1, 2015 and the first payment is due on or before September 1st at the address listed below. B. PAYMENTS. The Rent outlined in Section 3[A] 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 Evanston, IL 60201 223 of 312 3 SECTION 4. COMMON FACILITIES A. MAINTENANCE BY LANDLORD: Tenant acknowledges that it leases the Premises, Common Facilities and remainder of the Property in as-is condition, and acknowledge that the Landlord has made no representations to the condition or has made any repairs to same. The Landlord or Landlord’s staff or other representatives have made no representations or assurances that it will alter or remodel the Premises or Property. Landlord shall, when necessary, as determined by Landlord, in its reasonable discretion or when required by applicable laws, perform, repair and maintain all of the following: 1. Exterior maintenance, including the foundation, exterior walls, slab, common area doors and roof; 2. A refuse container to be shared by all tenants in the Property to be located at the Property in reasonable proximity to the Premises. Landlord will contract, to have trash hauled from such container with reasonable frequency; 3. Electric facilities and systems, gas facilities and systems and the HVAC unit(s) and systems (including the portions of such systems serving the Premises exclusively). However, Landlord will not upgrade electric facilities to accommodate an increased capacity due to Tenant’s use and any upgrade in electrical will be at the sole cost and expense of Tenant and any work performed shall be done in consultation and review by the Landlord prior to work; 4. Plumbing and water facilities and systems (including the portions of such systems serving the Premises exclusively). However, Landlord will not upgrade plumbing facilities to accommodate an increased capacity due to Tenant’s use and any upgrade in plumbing will be at the sole cost and expense of Tenant and any work performed shall be done in consultation and review by the Landlord prior to work; 5. Fire and life safety systems and fire alarm systems, including inspections thereof (including the portions of such systems serving the Premises exclusively); 6. Landlord will clean and maintain all hallways, stair rails, and related elements, restrooms, take out the refuse, and other Common Facilities and if necessary with perform pest control operations; 7. Snow and ice removal, including salting, from front walkway of Premises 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 cooking activities. 224 of 312 4 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. All refuse from Premises to be placed in appropriate containers; 2. The Tenants will at all times maintain all of the Premises in a clean, neat and orderly condition. The Tenants will not use the Premises in a manner that will violate or make void or inoperative any policy of insurance held by the Landlord. The Tenants shall pay the Landlord for overtime wages for staff and for any other related expenses incurred in the event that repairs, alterations or other work in the Premises required or permitted hereunder are not made during ordinary Business Hours at the Tenant’s request. 3. Tenants will keep the interior non-structural portions of the Premises, including all interior, non-structural walls, surfaces and appurtenances (other than systems and any other items that Landlord is required to maintain pursuant to Section 4[A]), in good repair. Tenants shall be responsible for repairs, damages and losses for damages sustained outside the Premises to other Center property attributable to Tenant’s negligence or intentional misconduct. All such damage must be reported in writing to the Director of Parks, Recreation and Community Services, or his/her designee, by the next City of Evanston business day, after discovery of such damage by Tenants. 4. Tenants are required upon lease termination to leave space in good repair and condition. Maintenance and repair issues which constitute a life and safety hazard must be corrected within twenty-four (24) hours after discovery by Tenants, provided that the issue can be fixed within that time frame. If the issue cannot be fixed within twenty-four (24) hours after discovery by Tenants, the Tenants must provide a schedule for repair within one (1) business day after discovery by Tenants to the Director of Parks, Recreation and Community Services for approval, which cannot be unreasonably withheld. SECTION 5. USE OF PREMISES A. PURPOSES: Tenants will use the Premises to operate a commercial kitchen for the preparation of pasteries, sandwiches, salads, and other similar items related to a café, 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”). 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 hours of 7:30 a.m. - 6:30 p.m. and open 7 days a week (the “Business Hours. 225 of 312 5 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 repairs, alterations, improvements or additions to the Premises or the GM Center, 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 GM Center, and 226 of 312 6 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. During normal Business Hours for the Property, patrons and users of the Property shall have access to the Common Facilities. 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 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: The GM Center does not have any dedicated parking spaces for Tenants, City employees, or guests of City programs at the GM Center. There is on street parking available on a first come first serve basis, but no permits available for this parking. SECTION 6. SIGNS The city will be installing permanent signage for the Property along Church Street and Dodge Avenue (“Property Signs”). The Property Signs will also include signage for 227 of 312 7 the Tenant and this signage will be at the City’s expense. 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 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. 228 of 312 8 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. 229 of 312 9 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. 230 of 312 10 E. TENANTS’ WAIVER OF CASUALTY INSURANCE PROCEEDS: If the Premises are damaged by fire or other casualty insured against, Tenants agree to claim no interest in any insurance settlement arising out of any loss where premiums are paid by Landlord, or where Landlord is named as sole beneficiary, and that it will sign all documents required by Landlord or the insurance company necessary in connection with the settlement of any loss. F. CONTROL OF INSURANCE PROCEEDS TO AVOID TAXABLE GAIN: If the Premises, including any improvements, were to be damaged in any manner, and the receipt of any insurance proceeds or other reimbursement for such damage would result in the realization of taxable gain for federal or state purposes, then the party to whom the gain would be taxed will have the right to take all action respecting proceeds or reimbursements necessary to enable party to comply with any regulations of the appropriate taxing authorities, so that the gain will not be recognized for tax purposes. Nothing here will be construed to entitle Landlord to delay any repairs to any part of the improvements in the event of damage. G. TENANTS’ FAILURE TO INSURE: Should Tenants fail to keep in effect and pay for insurance as required by this section, the Landlord may terminate this Lease immediately. SECTION 13. SUBLETTING; ASSIGNMENT Tenant cannot sublet or assign this Lease Agreement without Landlord’s consent, which consent can be withheld in Landlord’s sole discretion. SECTION 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 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 231 of 312 11 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 for the purpose of examining or exhibiting the same, or to make any repairs or alterations thereof which Landlord may see fit to make (provided that Landlord cannot make voluntary alterations or modifications to the Premises without Tenant’s consent). If the Tenants do not exercise the Option to renew the Lease and/or will be vacating the Premises at or prior to the end of the Term, Tenants will also allow Landlord to have placed upon the Premises at all times notices of “For Sale” and/or “For Rent” and Tenants will not interfere with the same. 232 of 312 12 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. 233 of 312 13 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. 234 of 312 14 H. LANDLORD’S REMEDIES CUMULATIVE: All of the remedies given to Landlord in this Agreement or by law are cumulative, and the exercise of one remedy by the Landlord will not impair its right to exercise any other right or remedy. Landlord shall not look to the property or assets of any direct or indirect partner, member, manager, shareholder, director, officer, principal, employee or agent of Tenants in seeking either to enforce Tenants’ obligations under this Agreement or to satisfy a judgment for Tenants’ failure to perform such obligations; and none of such parties shall be personally liable for the performance of Tenants’ obligations under this Agreement. SECTION 18. 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 19. REMEDIES NOT EXCLUSIVE The obligation of Tenants to pay the rent reserved hereby during the balance of the term hereof, or during any extension hereof, shall not be deemed to be waived, released or terminated, by the service of any five-day notice, other 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 20. 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. 235 of 312 15 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 21. 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, except that Tenants can make a claim for the unamortized portion of the cost incurred by Tenants for the Premises Improvements. SECTION 22. GOVERNMENTAL INTERFERENCE WITH POSSESSION Tenants will not be released from its obligation should their possession of the Premises be interfered with by adoption of any law, ordinance, resolution, regulation or act of any legal or governmental authority. Further, Tenants will not be released by any order of abatement or judgment preventing use of the premises on the ground that the Premises or the business operated there constitutes a legally recognized nuisance. SECTION 23. 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 236 of 312 16 no mortgage, deed of trust or similar encumbrance affecting the Property, as of the date hereof. SECTION 24. 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 25. 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 26. 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 27. NOTICES All notices or demands that either party may need to serve under this Agreement may be served on the other party by mailing a copy by registered or certified mail to the following addresses for the parties (or at such other address as the applicable party may designate in a written notice to the other party): If to the City: with a copy to: City Manager Corporation Counsel 2100 Ridge Avenue 2100 Ridge Avenue Evanston, IL 60201 Evanston, IL 60201 Fax: 847-448-8083 Fax: 847-448-8093 If to Tenants: Pie Café LLC Attn: Mary Diaz 4401 N. Ravenswood Avenue Chicago, IL 60640 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 237 of 312 17 days, notices may be served by posting such notice upon the Premises. Notice shall than be deemed effective 5 days after such posting. SECTION 28. 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. This Agreement and any written and signed Amendments and/or Riders hereto shall constitute the entire agreement between the parties, and any oral representations made by one party to the other are considered merged herein. F. In all cases where Landlord’s consent is required, Landlord’s consent shall not be unreasonably withheld. G. This Agreement may be executed in multiple copies, each of which shall constitute an original. SECTION 29. VENUE AND JURISDICTION The Parties agree the this Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois and that venue for any disputes shall be in the Circuit Court of Cook County, Illinois. SECTION 30. 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, a cause or event shall not be 238 of 312 18 deemed to be beyond a party's control, if it is within the control of such party's agents, employees or contractors. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 239 of 312 19 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: ____________, 2015 Its: City Manager, Wally Bobkiewicz Tenant: PIE CAFÉ, LLC An Illinois limited liability company By: _________________________________ Date: ____________, 2015 Its: Manager, Mary Diaz 240 of 312 20 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY LOT 14 (EXCEPT THE NORTH 60 FEET THEREOF AND EXCEPT THE EAST 2 FEET OF THE SOUTH 100 FEET THEREOF) AND LOT 15 (EXCEPT THE NORTH 80 FEET) IN BLOCK 3 IN MERRIL LADD’S SECOND ADDITION TO EVANSTON, SAID ADDITION BEING A SUBDIVISION OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. P.I.N 10-13-220-028-0000 Commonly known: 1823 Church Street, Evanston, IL 60201 241 of 312 For City Council Meeting of June 22, 2015 Item A11 Ordinance 82-O-15, Amending City Code Section 10-11-13, Commercial Weight For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: David Stoneback, Utilities Director Rickey A. Voss, Revenue/Parking Manager Subject: Ordinance 82-O-15, amending Title 10, Motor Vehicles and Traffic, Chapter 11, Section 13, Schedule XIII: Commercial Vehicles of Excessive Weight Prohibition Date: June 9, 2015 Recommended Action: Staff recommends that the City Council adopt Ordinance 82-O-15, amending Title 10, Chapter 11, Section 13, and Schedule XIII: Commercial Vehicles of Excessive Weight Prohibited from Using Certain Streets by deleting Lincoln Street, Sheridan Road east to the dead end. Funding Source: N/A Summary: The completion of the reconstruction and resurfacing project on Lincoln Street east of Sheridan Road will allow vehicles in excess of 8,000 pounds to navigate the roadway without risk of damage to the water infrastructure. The amendment would authorize vehicles bearing weights of up to the maximum allowable by State Law of 80,000 pounds unless exceeded by an approved special permit. The amendment would supersede ordinance 84-O-97 that restricted access only to vehicles under a total weight of 8,000 pounds. Attachments: 82-O-15 Memorandum 242 of 312 82-O-15 AN ORDINANCE Amending City Code Section 10-11-13 Commercial Vehicles of Excessive Weight Prohibited From Using Certain Streets NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: 10-11-13 of the Evanston City Code of 2012, as amended (“City Code”), is hereby further amended to read as follows: SCHEDULE XIII: Commercial vehicles of excessive weight prohibited from using certain streets. Delete: Lincoln Street Sheridan Road to dead end east 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. SECTION 4: That if any provision of this Ordinance 82-O-15 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 82-O-15 that can be given effect without the invalid application or provision, and each invalid application of this Ordinance 82-O-15 is severable. 243 of 312 82-O-15 ~2~ SECTION 5: That this Ordinance 82-O-15 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2015 Adopted: ___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 244 of 312 For City Council meeting of June 22, 2015 Item A12 Ordinance 77-O-15: Decreasing Class D Liquor License Chicken and Waffles For Introduction 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 77-O-15, Decreasing the Number of Class D Liquor Licenses for Signature Food Solutions, Inc., d/b/a Chicago’s Home of Chicken and Waffles III, 2424 Dempster Street Date: June 1, 2015 Recommended Action: Staff recommends City Council adoption of Ordinance 77-O-15. Summary: Ordinance 77-O-15 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses from fifty (50) to forty-nine (49). Signature Food Solutions, Inc., d/b/a Chicago’s Home of Chicken and Waffles III (“Company”), 2424 Dempster Street, closed its business. This ordinance amends the City Code to reflect the decrease in Class D liquor licenses. ------------------------------------------------------------------------------------- Attachments: Ordinance 77-O-15 Memorandum 245 of 312 6/1/2015 77-O-15 AN ORDINANCE Amending City Code Section 3-4-6-(D) to Decrease the Number of Class D Liquor Licenses from Fifty to Forty-Nine (Signature Food Solutions, Inc., dba “Chicago’s Home of Chicken and Waffles III”, 2424 W. Dempster Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class D of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: D Restaurant Liquor None $2,800 $2,800 50 49 None 11 a.m.— 1 a.m. (Mon- Thurs); 11 a.m. – 2 a.m. (Fri-Sat); 12 p.m. – 1 a.m. (Sun) SECTION 2: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class D liquor licenses from fifty (50) to forty-nine (49) to read as follows: (D) CLASS D licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in Section 3-4-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding Class D licenses only during the period when their patrons are offered a complete meal. The applicant for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. 246 of 312 77-O-15 ~2~ The annual single-payment fee for initial issuance or renewal of such license shall be two thousand eight hundred dollars ($2,800.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be two thousand nine hundred forty dollars ($2,940.00). No more than fifty (50) forty-nine (49) 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: _________________, 2015 Adopted: ___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 247 of 312 For City Council meeting of June 22, 2015 Item A13 Ordinance 78-O-15: Decreasing Class D Liquor License Lupita’s For Introduction 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 78-O-15, Decreasing the Number of Class D Liquor Licenses for Lupita’s, Inc., d/b/a Lupita’s Mexican Restaurant, 700 Main Street Date: June 1, 2015 Recommended Action: Staff recommends City Council adoption of Ordinance 78-O-15. Summary: Ordinance 78-O-15 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses from forty-nine (49) to forty-eight (48). Lupita’s, Inc., d/b/a Lupita’s Mexican Restaurant (“Company”), 700 Main Street, closed its business. This ordinance amends the City Code to reflect the decrease in Class D liquor licenses. ------------------------------------------------------------------------------------- Attachments: Ordinance 78-O-15 Memorandum 248 of 312 6/1/2015 78-O-15 AN ORDINANCE Amending City Code Section 3-4-6-(D) to Decrease the Number of Class D Liquor Licenses from Forty-Nine to Forty-Eight (Lupita’s, Inc., dba “Lupita’s Mexican Restaurant”, 700 Main Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class D of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: D Restaurant Liquor None $2,800 $2,800 49 48 None 11 a.m.— 1 a.m. (Mon- Thurs); 11 a.m. – 2 a.m. (Fri-Sat); 12 p.m. – 1 a.m. (Sun) SECTION 2: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class D liquor licenses from forty-nine (49) to forty-eight (48) to read as follows: (D) CLASS D licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in Section 3-4-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding Class D licenses only during the period when their patrons are offered a complete meal. The applicant for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single-payment fee for initial issuance or renewal of such license shall be two thousand eight hundred dollars ($2,800.00). 249 of 312 78-O-15 ~2~ The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be two thousand nine hundred forty dollars ($2,940.00). No more than forty-nine (49) forty-eight (48) 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: _________________, 2015 Adopted: ___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 250 of 312 For City Council meeting of June 22, 2015 Item A14 Ordinance 69-O-15: Establishing a Special Service Area For Introduction To: Honorable Mayor & Members of the City Council Administrative & Public Works Committee From: Wally Bobkiewicz, City Manager Johanna Nyden, Acting Deputy City Manager Cindy Plante, Economic Development Specialist Subject: Ordinance 69-O-15: Establishing Special Service Area No. 6 in the City of Evanston Date: June 17, 2015 Recommended Action: The Economic Development Committee and staff recommend adoption of Ordinance 69-O-15, “Establishing Special Service Area Number 6 in the City of Evanston”. The Special Service Area Number 6 (SSA No. 6) is intended to provide marketing as well as aesthetic and streetscape improvements such as signage, lighting, landscaping, additional garbage collections and holiday decorations for the commercial corridors along Chicago Avenue, Main Street, and Dempster Street in Southeast Evanston. The ordinance establishes the geographic boundaries, duration, and tax cap for SSA No. 6. Summary: The proposed SSA No. 6 encompasses about 150 PINS within a contiguous area along Chicago Avenue between Greenwood Street and Keeney Street, including Dempster Street between Elmwood and Hinman and Main Street between Maple and Hinman (see attached map). The SSA Boundaries were determined by the need to create a contiguous district, taking care to avoid splitting pins and exclude residential property PINs where possible. The legal description of the SSA boundary was evaluated by the Map and Tax Extension office of the Cook County Clerk’s Office and found to be acceptable. SSA No. 6 will remain in place for twelve (12) years from the date of its adoption. For the duration of its twelve year period, the tax cap will be set at 0.45% of EAV. Each year the City, in coordination with the SSA, will adopt a levy for the following year with the goal of obtaining an annual budget of approximately $200,000 to support the provision of services such as marketing, business development, and the installation and maintenance of public way improvements within the district. The levy for each year will never exceed 0.45%, based on the tax cap established in the enacting ordinance. Memorandum 251 of 312 Background: State statute requires that a public hearing be held prior to adoption of the ordinances. As part of that process, a public hearing on the proposed SSA was held on April 27, 2015. Under state law, those within the proposed district have 60 days from the close of the public hearing to block adoption of the SSA by collecting and submitting objections from over 51% of property owners. That 60-day period will conclude on June 26, 2015. If no such objections are submitted within the objection period, the City Council may adopt the ordinance needed to create the SSA. In addition to the ordinance for introduction, an implementation agreement that governs the relationship between the City of Evanston and the SSA will be introduced at a later City Council meeting. This will be accompanied by an additional ordinance establishing the annual tax levy for the first year of the SSA. Although the SSA itself will last for twelve (12) years, the initial agreement will address only the implementation period, which is expected to last only through 2017, with a new agreement to be adopted in late 2017 to govern 2018 and beyond. The SSA will be responsible for presenting an annual report of its activities to the City Council and the City Manager in the Second Quarter of each Fiscal Year. The SSA will also prepare and submit its proposed budget and annual tax levy to the City Council each year as part of the City’s annual budget process. Background: In early 2014, the City was approached by a number of business and property owners from the Chicago-Dempster Merchants Association and Main Street Merchants’ Association interested in forming a Special Service Area (SSA). Later that year, the City Council granted approval to hire consultants to work with the local merchants and economic development staff to begin the process of forming an SSA. The City retained PLACE Consulting services in October 2014 to work with the merchant groups to study and consider the creation of a SSA. The consultants worked with a steering committee of local merchants and property owners to begin developing a framework for how the proposed SSA would function. Legislative History: The Economic Development Committee discussed the creation of the Special Service Area at its May 27, 2015 meeting. The Committee voted in support of recommending to City Council the creation of the new SSA (8-0). The City Council convened a Public Hearing on April 27, 2015 to discuss the matter of establishing a SSA. Attachments: Ordinance 69-O-15 252 of 312 6/16/2015 69-O-15 AN ORDINANCE Establishing Special Service Area Number 6 in the City of Evanston WHEREAS, the City of Evanston, Illinois is a Home Rule unit of local government pursuant to the terms and provisions of Article VII of the 1970 Constitution of the State of Illinois which said Constitution in Section 6(a) thereof grants unto the City of Evanston as Home Rule unit of government the power to tax; and WHEREAS, special service areas may be established pursuant to Article VII, Sections 6(I) and 7(6) of the Constitution of the State of Illinois, and pursuant to the provisions of the Special Service Area Tax Law, 35 ILCS 200/27-5 et seq., as amended from time to time (the “Act”) and pursuant to the Property Tax Code, 35 ILCS 200/1-1 et seq., as amended from time to time; and WHEREAS, on March 23, 2015, the City Council of the City of Evanston adopted Ordinance 26-O-15 proposing the establishment of Special Service Area Number 6 (“SSA No. 6”) in the City of Evanston, Illinois and providing for a public hearing and other related procedures, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, ILLINOIS: SECTION 1: Incorporation of recitals. The recitals of this ordinance are hereby incorporated into this text as if set out herein in full. SECTION 2: The notices of public hearing were published in the Evanston Review and mailed in conformity with the Special Service Area Tax Law and 253 of 312 69-O-15 all interested persons were given the opportunity to be heard at the public hearing on April 27, 2015 at 7:00 p.m. in the City Council Chambers of the City of Evanston. SECTION 3: Services to be provided by the SSA include marketing as well as aesthetic and streetscape improvements including signage, lighting, landscaping, additional garbage collections and holiday decorations. The SSA Boundaries were determined by the need to create a contiguous district, taking care to exclude residential property PINs where possible. SECTION 4: The permanent tax index numbers of all parcels located within the area of the proposed SSA No. 6 and legal descriptions are attached as Exhibit 1. An accurate map depicting the location of the proposed SSA No. 6 is attached to and incorporated herein by reference as Exhibit 2. SECTION 5: The annual tax levy shall not exceed 0.45% for the duration of the twelve (12) year SSA period. SECTION 6: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Complied Statues and the courts of the State of Illinois. SECTION 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect ~2~ 254 of 312 69-O-15 without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. Introduced: _______________, 2015 Adopted: _________________, 2015 Approved: ___________________________, 2015 ________________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Approved as to form: ________________________________ W. Grant Farrar, Corporation Counsel ~3~ 255 of 312 69-O-15 EXHIBIT 1 LEGAL DESCRIPTION OF PROPOSED SPECIAL SERVICE AREA ~4~ 256 of 312 Legal Description of Special Service Area Dempster/Main/Chicago Avenue, Evanston, IL. All that part of Sections 18 and 19, Township 41 North, Range 14, East of the Third Principal Meridian, being bounded and described as follows: Beginning at the Southeast corner of Lot 1 in The Resubdivision of lots 1 and 2 in the Resubdivision of Lot 6 and that part of Lots 1 to 5 lying East of the West 24.2 feet of Block 1 in O. Husse’s Addition to Evanston in Section 19 aforesaid; thence West along the South line of said Resubdivision and its extension to the East line of an alley West of Sherman Avenue; thence North, along said East line, to the South line of the North 30 feet of Lot 23 in Block 1 of said O. Husse’s Addition to Evanston; thence West, along the South line of said North 30 feet of Lot 23 to the East line of Elmwood Avenue; thence North, along said East line and its extension to the North line of Lot 10 in A. J. Brown’s Subdivision of Block 40 in Village of Evanston in Sections 13, Township 41 North, Range 13 and Sections 7, 18 and 19, Township 41 North, Range 14 east of the Third Principal Meridian; thence East, along said North line of Lot 10 to the East line of an alley East of Elmwood; Thence North, along said East line to the South line of Greenwood Street; thence West, along the South line of Greenwood street to the West line of Chicago Avenue; thence South, along the West line of Chicago Avenue to the North line and its extension of Lot A in Stewart Consolidation of Lots 12 and 13 in Block 38 in the Village of Evanston aforesaid; thence East, along the North line and its extension of said Lot A to the East line of an alley East of Chicago Avenue; thence South, along said East line to the North line of Dempster Street; thence South to the intersection of the South line of Dempster Street and the West line of an alley East of Chicago Avenue; thence South, along the West line of said alley East of Chicago Avenue to the Northeast corner of Lot 13 in Block 76 in Village of Evanston Subdivision in said Section 19; thence Southwest, along the North line of said Lot 13, a distance of 62.41 feet to a point 93 feet 11 7/8 inches from the Northwest corner of said Lot 13; thence South to a point 85 feet and 1 inch East of the Southwest corner of said Lot 13; Thence continuing South along the extension of the last described line to the South line of Hamilton Street; thence West, along the South line of Hamilton Street to the East line of Chicago Avenue; thence South along the East line of Chicago Avenue, to the North line of Lot 21 in Block 77 in said Village of Evanston; thence East, along the North line of said Lot 21 to the West line of an alley East of Chicago Avenue; thence South, along said West line of the alley and its extension, to the South line of Greenleaf Street; thence East, along said South line, to the West line of an alley East of Chicago Avenue; Thence South, along said West line and its extension, to the South line of Lee Street; thence East to the West line of an alley East of Chicago Avenue; thence South, along said West line to the extension of the North line of Lot 23 in Gibbs, Ladd and Georges Addition to Evanston in said Section 19; thence West, along the North line and its extension of said Lot 23 to the West line of Hinman Avenue; thence South, along said West line and its extension to the North line of the South 4.46 feet of Lot 23 in the Resubdivision of the East half of Block 11 and the West half of Block 10 in White’s Addition to Evanston in Said Section 19; Thence West, along the North line of the South 4.46 feet of said Lot 23 and its extension to the West line of an alley East of Chicago Avenue; thence South, along said West line to the North line of Kedzie Street; thence South to the intersection of the South line of Kedzie Street with the West line of an alley East of Chicago Avenue; thence South, along the West line of said alley East of Chicago Avenue to the North line of Keeney Street; thence West, along the North line of Keeney Street to the East line of Chicago Avenue; thence North, along the East line of Chicago Avenue to the North line and its extension of Madison Street; thence West, along the North line of Madison Street to the West line Custer Avenue; thence North, along the West line of Custer Avenue, to the North line and its extension of an alley North of Madison Street; thence West, along the North line and its extension, to the Southwest corner of 257 of 312 Lot A in Plat of Consolidation of Lots 1, 2 and 3 private alley lying South of and adjoining in Owner’s Resubdivision of Lots 1, 2 and 3 in Block 6 in Adams and Brown’s Addition to Evanston in Section 19 aforesaid; thence North, along the West line of said Lot A, to the Northwest corner of Lot A; thence East, along the North line of Lot A, to a corner of Lot A; thence North, along the West line of Lot A to the Northwest corner of Lot A, being on the South line of Washington Street; thence North to Southwest corner of Lot 7 in the Resubdivision of Lots 16 and 17 of Block 1 in said Adams and Brown’s Addition to Evanston; thence North, along the West line of Lots 1 to 7 in said Resubdivision, to the North line of an alley lying South of main Street; thence West, along said North line, to the Southeast corner of Lot 4 in Bayley’s Subdivision of Lots 7 and 8 in Block 1 in said Adams and Brown’s Addition to Evanston and Lots 1 to 5 in Block 2 in Adams and Brown’s Addition to Evanston; thence North, along the East line of Lots 2,3 and 4 in Block 1 of said Bayley’s Subdivision, to the Southeast corner of Lot 1 in Block 1 of Bayley’s Subdivision; thence West, along the South line of said Lot 1 and its extension, to the East line of Sherman Avenue; thence West to the Southeast corner of Lot 1 on Block 2 of said Bayley’s Subdivision; thence West, along the South line of said Lot 1, to the Southwest corner of said lot; thence North, along the West line of said Lot 1and its extension, to the North line of Main Street; thence West, along the North line of Main Street, to the East line of Maple Avenue; thence North, along the East line of Maple Avenue, to the South line of the North 60 feet of Lots 7 and 8 in George Huntoon’s Addition to Evanston in said Section 19; thence East along the South line of the North 60 feet of said Lots 7 and 8, to the East line of said Lot 8; thence North, along said East line, to the North line of said George Huntoon’s Addition to Evanston, thence East, along said North line and its extension, to the East line of Sherman Avenue; thence South, along the East line of Sherman Avenue, to the Southwest corner of Lot 20 in Foster’s Addition to South Evanston in said Section 19; thence East, along the South line of Lot 20 and its extension, to the East line of an alley East of Sherman Avenue; thence North, along said East line, to a bend in said East line; thence continuing North, long the East line of the alley, to the Northwest corner of Lot 8 in Nicholas Mersch’s Addition to South Evanston in said Section 19; thence East, along the north line of Lot 8 to the Westerly right of way line of the Chicago and Northwestern Railroad; thence Northwest, along said right of way line, to the South line and its extension of Lot 1 in The Resubdivision of lots 1 and 2 in the Resubdivision of Lot 6 and that part of Lots 1 to 5 lying East of the W est 24.2 feet of Block 1 in O. Husse’s Addition to Evanston in Section 19 aforesaid; thence West along the South line of said Lot 1 and its extension to the point of beginning, all in the City of Evanston, Cook County, Illinois. 258 of 312 69-O-15 EXHIBIT 2 SPECIAL SERVICE AREA PROPOSED MAP ~5~ 259 of 312 CHICAGO AVEDEMPSTER STELMWOOD AVEELMWOOD AVEGREENLEAF ST GREENWOOD ST HAMILTON ST HINMAN AVEHINMAN AVEKEDZIE ST KEENEY ST LEE ST LEE ST MAIN ST SHERMAN AVESHERMAN AVESHERMAN AVE260 of 312 For City Council meeting of June 22, 2015 Item P1 Ordinance 66-O-15: Amendments to DAPR Ordinance For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Damir Latinovic, Planning and Zoning Administrator Subject: Ordinance 66-O-15 Amendments to DAPR Ordinance Date: May 28, 2015 Recommended Action: City staff recommends adoption of Ordinance 66-O-15 to institute minor clean-up revisions to the DAPR Ordinance. This ordinance was introduced at the June 8, 2015 City Council meeting. Summary: In November of 2014, the City Council adopted various changes to the Site Plan and Appearance Review (SPAARC) requirements of the City Code including renaming the process to Design and Project Review (DAPR). DAPR review for any exterior changes or proposed new buildings (excluding single-family and two-family residences) remained a requirement, but the Ordinance was updated to more accurately reflect the importance of design and aesthetics review during the approval process. Some of the other changes included composition of the DAPR Committee into voting and advisory members and staff comment forms implemented to ensure projects meet all City requirements. Proposal Over the past six months, staff identified several sections of the City Code that still inaccurately reference Site Plan and Appearance Review (SPAARC). The proposed Ordinance 66-O-15 amends all remaining sections of the City Code to accurately reference Design and Project Review instead of Site Plan and Appearance Review. Additionally, the Ordinance clarifies that any new projects or exterior changes within the U3 district (Northwestern University) are required to obtain DAPR approval prior to issuance of the building permit. The Ordinance also specifies that City’s Historic Preservation Coordinator serves as the voting member on all matters pertaining to existing or proposed historic landmarks, historic districts and projects on Northwestern University campus located within 250 feet east of Sheridan Road. Memorandum 261 of 312 All other elements of Design and Project Review would remain unchanged. Attachments: Ordinance 66-O-15 262 of 312 5/27/2015 6/15/2015 66-O-15 AN ORDINANCE Amending Various Sections of the City Code Reflecting Updates to the “Design and Project Review” SECTION 1: That Section 4-14-1-1(A) of the Evanston City Code of 2012, as amended (the “City Code”), is hereby further amended to read as follows: (A) Membership. The membership of the Design and Project Review committee is composed of two groups: (1) Voting Members; and (2) Advisory Members. Voting Members shall be the only class of members entitled to vote on any matter put before the Design and Project Review committee. Advisory Members shall provide the Design and Project Review committee with insight related to their area of expertise as the committee as a whole discusses each matter. In the case of city staff, the named member may designate a department member to attend in his/her stead. The following are the list of members: Voting Members 1. Representative from City Manager’s Office/Economic Development Division; 2. Director of Community Development; 3. Director of Public Works; 4. Director of Parks, Recreation and Community Services; 5. City Engineer; 6. Representative from the Fire Department; 7. Representative from the Police Department; 8. Planning and Zoning Administrator; 9. Zoning Planner or Zoning Office; 10. Manager of Building and Inspection Services; 263 of 312 66-O-15 ~2~ 11. Assistant Director of Public Works/Forestry; 12. Neighborhood and Land Use Planner; and 13. Representative from the Utilities Department.; and 14. Historic Preservation Coordinator (limited to the following circumstances: (1) when projects affect existing or proposed historic landmarks; (2) where properties at issue are located within historic landmark districts; or (3) when projects are located within two hundred fifty (250) feet east of the east right-of-way line of Sheridan Road abutting Northwestern University). Advisory Members 1. Traffic Engineer; 2. Cultural Arts Coordinator; 3. Sustainable Programs Coordinator; 4. Historic Preservation Coordinator (when not designated a Voting Member in the aforementioned circumstances); 5. Plan Reviewer; 6. Representative from Administrative Services; 7. Housing and Grants Administrator; 8. Representative from the Health Department; and 9. An architect or urban designer who is employed in Evanston or is a resident of Evanston and appointed by the Mayor with the advice and consent of the City Council. Said Mayoral appointment shall be for term of no longer than two (2) years. SECTION 2: That Section 4-14-1(C) of the City Code is hereby further amended to read as follows: (C) Elements Examined. In carrying out the purpose of Design and Project Review, the following are examples of elements which are examined: 1. Parking arrangement. 2. Circulation. 3. Traffic access. 264 of 312 66-O-15 ~3~ 4. Building location on the site. 5. Landscaping. 6. Signage. 7. Drainage. 8. Exterior building design and materials. 9. Emergency phone structure, as defined in City Code Section 6-18-3. SECTION 3: That Section 4-14-2 of the City Code is hereby further amended to read as follows: 4-14-2: DEVELOPMENTS REQUIRING DESIGN AND PROJECT REVIEW APPROVAL PRIOR TO ISSUANCE OF BUILDING PERMIT: (A) The following are developments requiring Design and Project Review approval prior to issuance of building permits for the development: 1. Construction of a new building or structure, or modifications to the exterior of an existing structure (including additions) for any land use requiring a building permit. 2. Developments requiring a zoning variation. 3. Developments requiring a zoning ordinance text or Map amendment. 4. All planned developments. 5. All Municipal or other public developments. 6. Any proposed developments for which parking is to be located off-site. 7. All development proposals for which public and/or quasi-public financial assistance has been requested. 8. All subdivisions and plats of consolidation.Emergency phone structures, as defined in City Code Section 6-18-3. 9. Any other use or development as determined by the Director of Community Development. (B) Exceptions. No Design and Project Review shall be required for the following uses: 1. Permitted single-family and two family residential. 2. Permitted temporary uses. 3. Any use in a U3 University District that is greater than one hundred feet (100') from any publicly dedicated right of way that abuts the U3 District. SECTION 4: That Section of the City Code is hereby further amended to read as follows: 6-3-1-1. - AUTHORITY. 265 of 312 66-O-15 ~4~ The following City offices and bodies have responsibility for implementing and administering this Ordinance: (A) Zoning Administrator. (B) Site Plan and Appearance Review Committee Design and Project Review Committee. (C) Plan Commission. (D) Zoning Board of Appeals. (E) City Council. SECTION 5: That Section 6-3-5-5 of the City Code is hereby further amended to read as follows: 6-3-5-5. - SUBMISSION REQUIREMENTS. An applicant for a special use shall file an application in accordance with the following requirements: (A) Formal Application: The application for special use approval shall be filed with the Zoning Administrator in order to obtain the review and written comments from the appropriate departments, boards, commissions and committees, including the Site Plan and Appearance Review Committee Design and Project Review Committee. (B) Content of Application: Each application shall contain at least the information listed in Section 3 of Appendix D, of this Ordinance, "Special Use Application Submission Requirements" and such additional information as the Zoning Administrator shall determine is necessary. SECTION 6: That Section 6-3-6-12(B) of the City Code is hereby further amended to read as follows: (B) Minor Adjustments: During build-out of the planned development, the Zoning Administrator may authorize, following review and recommendation of the Site Plan and Appearance Review Committee Design and Project Review Committee, minor adjustments to the approved development plan, when such adjustments appear necessary in light of technical or engineering considerations. Such minor adjustments shall be limited to the following: 1. Altering the location of any one (1) structure or group of structures by not more than one-fourth (1/4) of the distance shown on the approved development plan between such structure or structures, and any other structure or any vehicular circulation element or any boundary of the site, whichever is less. 266 of 312 66-O-15 ~5~ 2. Altering the location of any circulation element by not more than one- fourth (1/4) of the distance shown on the approved development plan between such circulation element and any structure, whichever is less. 3. Altering the siting of any open space by not more than twenty percent (20%). 4. Altering any final grade by not more than twenty perc ent (20%) of the originally planned grade. 5. Altering the location or type of landscaping elements by not more than twenty percent (20%). 6. Altering the location or type of utility equipment. Such minor adjustments shall be consistent with the intent and purpose of the Ordinance and the development plan as approved pursuant to this Section 6-3-6, and shall be the minimum necessary to overcome the particular difficulty and shall not be approved if such adjustments would result in a violation of any standard or requirement of this Ordinance. For properties located in a designated historic district or incorporating identified historic structures, no such adjustment shall be granted for any critical structure, feature or element identified in the approved development plan as historically contributing without the prior consent of the preservation commission. SECTION 7: That Section 6-3-7-4 of the City Code is hereby further amended to read as follows: 6-3-7-4. - SUBMISSION REQUIREMENTS. An applicant for a unique use shall file an application in accordance with the following requirements: (A) Formal Application: Application for unique use approval shall be filed with the Zoning Administrator in order to obtain the review and written comments from the appropriate departments, boards, and commissions, including, but not limited to, the Site Plan and Appearance Review Committee Design and Project Review Committee. (B) Content Of Application: Each application shall contain at least the information listed in section D.5, "Submission Requirements For Unique Uses," Appendix D of this Title. Each unique use application shall contain or address the information listed in Section D.4, "Planned Development Application Submission Requirements," Appendix D of this Title. SECTION 8: That Section 6-3-9-8 of the City Code is hereby further amended to read as follows: 6-3-9-8. - APPEALS FROM ZONING ADMINISTRATOR DECISIONS. 267 of 312 66-O-15 ~6~ The Zoning Board of Appeals shall, pursuant to Section 6-3-11, hear and decide appeals from any order or final decision of the Zoning Administrator acting pursuant to his authority and duties under this Ordinance except with regard to orders or decisions based upon the review and recommendations of the Site Plan and Appearance Review Committee Design and Project Review Committee, which shall be appealable to the City Council through its Planning and Development Committee. Except as expressly provided otherwise, an application for appeal to the Zoning Board of Appeals may be filed not later than forty-five (45) calendar days following the action being appealed. SECTION 9: That Section 6-3-11(A) of the City Code is hereby further amended to read as follows: (A) An appeal may be taken to the Zoning Board of Appeals from any order or final decision made by the Zoning Administrator by any person aggrieved or by an officer, department, board or bureau of the City. Such appeal shall be taken by filing with the Zoning Administrator a notice of appeal, specifying the grounds therefor. All of the papers constituting the record upon which the action appealed from was taken shall forthwith be transmitted to the Zoning Board of Appeals. Appeals from an order or final decision based upon the review and recommendations of the Site Plan and Appearance Review Committee Design and Project Review Committee (SPARC) (DAPR) shall be taken directly to the City Council through its Planning and Development Committee. SECTION 10: That Section 6-4-1-2 of the City Code is hereby further amended to read as follows: 6-4-1-2. - TRANSITION RULES. Where an application for a building permit for a building, structure or planned development, accompanied by working drawings, has been submitted prior to the effective date hereof, and a building permit issued within six (6) months of the date of the submittal of such building, structure or planned development, the proposed project may be completed in accordance with the approved plans provided construction is commenced within one hundred eighty (180) days of the issuance of the building permit. In addition, any project which has secured preliminary Site Plan and Appearance Review Committee Design and Project Review Committee approval, and any project requiring a variation or approval as a special use, including a planned development, and that receives such approval prior to the effective date hereof, may proceed under the zoning regulations, including applicable time limitati ons, in effect as of the date of such approval. 268 of 312 66-O-15 ~7~ SECTION 11: That Section 6-8-1-3 of the City Code is hereby further amended to read as follows: 6-8-1-3. - SITE PLAN REVIEW. Multiple-family residential uses, planned developments, and non-residential uses in residential districts shall be subject to site plan review, in accordance with the provisions of Chapter 3, "Implementation and Administration," of this Ordinance, and the separate Site Plan and Appearance Review Design and Project Review Ordinance, Ordinance No. 31-0-9350-O-14, as amended. SECTION 12: That Section 6-8-1-10(B) of the City Code is hereby further amended to read as follows: (B) Site Controls and Standards: The following site controls and standards are established to provide a regulatory framework that will promote excellence in site design. Their establishment is not intended to restrict or inhibit the Site Plan and Appearance Review Committee Design and Project Review Committee or the applicant from applying other site design principles and standards that may be applicable to the planned development being proposed and that may be found in the City's Manual of Design Guidelines or in common use by design professionals. 1. The minimum area for a planned development established in the residential districts shall be as follows: (a) R1 Fourteen thousand four hundred (14,400) square feet. (b) R2 Ten thousand (10,000) square feet. (c) R3 Ten thousand (10,000) square feet. (d) R4 Eight thousand (8,000) square feet. (e) R5 Eight thousand (8,000) square feet. (f) R6 Eight thousand (8,000) square feet. For planned developments established in the R1 district the minimum ground floor area for new construction shall be as follows: (g) New construction one-story dwelling units shall have a minimum ground floor area of one thousand two hundred (1,200) squar e feet. (h) New construction multiple-story dwellings shall have a minimum ground floor area of nine hundred (900) square feet. 2. For each planned development there shall be submitted a tree preservation statement evaluating each building site as to whether 269 of 312 66-O-15 ~8~ desirable tree stands or other natural features exist and can be preserved. The preservation statement shall be made part of the required landscape plan submitted as part of the planned development application. 3. For all boundaries of the planned development not immediately abutting dedicated and improved public streets, there shall be provided a transition landscaped strip of at least ten (10) feet consisting of vegetative screening, fencing, or decorative walls in accordance with the Manual of Design Guidelines and Chapter 17, "Landscape and Screening." Natural features or tree stands identified as desirable in the tree preservation statement shall be incorporated in the transition landscaped strip where possible. The transition landscaped strip and its treatment shall be depicted on the required landscape plan submitted as part of the planned development application. 4. Walkways developed for a planned development shall form a logical, safe and convenient system for pedestrian access to all dwelling units, all project facilities, as well as any off-site destination likely to attract substantial pedestrian traffic. Walkways, when used by substantial numbers of children as play areas, routes to school or other principal destinations, shall be so located and safeguarded as to minimize contacts with normal automobile traffic. Street crossings shall be located, designed, and marked to promote the utmost safety. If substantial bicycle traffic is anticipated, bicycle paths shall be incorporated into the walkway system. Pedestrian ways shall not be used by other automotive traffic. 5. The location, construction, and operation of parking, loading areas, and service areas shall be designed to avoid adverse effects on residential uses within or adjoining the development. 6. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic. 7. The planned development shall provide, if possible, for underground installation of utilities (including electricity and telephone) both in public ways and private extensions thereof. Provisions shall be made for acceptable design and construction of storm water facilities including grading, gutter, piping, and treatment of turf and maintenance of facilities. 8. For every planned development there shall be provided a market feasibility statement that shall indicate the consumer market areas for all uses proposed in the development, the population potential of the area or areas to be served by the uses proposed and other pertinent information concerning the need or demand for such uses of land. 9. For every planned development involving twenty (20) or more dwelling units there shall be provided a traffic circulation impact study that shall show the effect of all proposed uses upon adjacent and nearby roads and highways. The study also shall show the amount and direction of all 270 of 312 66-O-15 ~9~ anticipated traffic flow and clearly describe what road improvements and traffic control improvements might become necessary as a result of the construction of the proposed development. 10. The Zoning Administrator may, at his discretion, require of the applicant additional studies or impact analyses when he determines that a reasonable need for such investigation is indicated. SECTION 13: That Section 6-9-4-7(A) of the City Code is hereby further amended to read as follows: (A) Front yard Build to front property line required, meaning no less than seventy percent (70%) of building at grade is within five inches (5") of front property line; open and unenclosed accessory parking and appurtenant areas at grade, including driveway aisles and ramps, prohibited between building and public right-of- way; Commercial Parking Lots, landscaped setback required subject to Site Plan Design and Project review as set forth in Chapter 3 of this Title. SECTION 14: That Section 6-9-4-7(B) of the City Code is hereby further amended to read as follows: (B) Side yard when abutting street Build to side property line required, meaning no less than seventy percent (70%) of building at grade is within five inches (5") of side property line; open and unenclosed accessory parking and appurtenant areas at grade, including driveway aisles and ramps, prohibited between building and public right-of-way; Commercial Parking Lots, landscaped setback required subject to Site Plan Design and Project rReview as set forth in Chapter 3 of this Title. SECTION 15: That Section 6-10-1-4 of the City Code is hereby further amended to read as follows: 6-10-1-4. - SITE PLAN REVIEW. Applications for development approval for properties located within the commercial districts shall be subject to site plan review in accordance with the provisions of Chapter 3, "Implementation and Administration," of this Ordinance, and the separate Site Plan and Appearance Review Design and Project Review Ordinance, Ordinance No. 31-0- 9350-O-14, as amended. SECTION 16: That Section 6-10-1-9(B) of the City Code is hereby further amended to read as follows: 271 of 312 66-O-15 ~10~ (B) Site Controls and Standards: The following site controls and standards are established to provide a regulatory framework that will promote excellence in site design. Their establishment is not intended to restrict or inhibit the Site Plan and Appearance Review Committee Design and Project Review Committee or the applicant from applying other site design principles and standards that may be applicable to the planned development being proposed and that may be found in the City's Manual of Design Guidelines or in common use by design professionals. 1. For all boundaries of the planned development immediately abutting a residential property, there shall be provided a transition landscaped strip of at least ten (10) feet consisting of vegetative screening, fencing or decorative walls in accordance with the Manual of Design Guidelines and Chapter 17, "Landscaping and Screening." The transition landscaped strip and its treatment shall be depicted on the required landscape plan submitted as part of the planned development application. 2. Walkways developed for a planned development shall form a logical, safe and convenient system for pedestrian access to all project facilities as well as any off-site destination likely to attract substantial pedestrian traffic. Pedestrian-ways shall not be used by other automotive traffic. 3. The location, construction, and operation of parking, loading areas, and service areas, shall be designed to avoid adverse effects on residential uses within or adjoining the development and where possible, provide additional parking beyond that required for the planned development to service the business district in which it is located. 4. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic. 5. The planned development shall provide, if possible, for underground installation of utilities (including electricity and telephone) both in public ways and private extensions thereof. Provisions shall be made for acceptable design and construction of storm water facilities including grading, gutter, piping, treatment of turf, and maintenance of facilities. 6. For every planned development there shall be provided a market feasibility statement that shall indicate the consumer market areas for all uses proposed in the development, the population potential of the area or areas to be served by the uses proposed, and other pertinent information concerning the need or demand for such uses of land. 7. For every planned development involving twenty (20) dwelling units or more there shall be provided a traffic circulation impact study that shall show the effect of all proposed uses upon adjacent and nearby roads and highways. The study shall also show the amount and direction of anticipated traffic flow and clearly describe what road and traffic control improvements might become necessary as result of the construction of the proposed development. 272 of 312 66-O-15 ~11~ 8. The Zoning Administrator may, at his discretion, require of the applicant additional studies or impact analyses when he determines that a reasonable need for such investigation is indicated. SECTION 17: That Section 6-10-3-8(A) of the City Code is hereby further amended to read as follows: (A) Front yard Building, none; parking, landscaped setback required subject to site plandesign and project review as set forth in Chapter 3 of this Title SECTION 18: That Section 6-11-1-5 of the City Code is hereby further amended to read as follows: 6-11-1-5. - SITE PLAN REVIEW. Applications for development approval for properties within the downtown districts shall be subject to site plan review in accordance with the provisions of Chapter 3, "Implementation and Administration" of this Ordinance, and the separate Site Plan and Appearance Review Design and Project Review Ordinance, Ordinance No. 31-0-9350- O-14, as amended. In carrying out these responsibilities, the City shall be guided by the policies, principles, and standards contained in the Plan for Downtown Evanston, as adopted, and the City's Manual of Design Guidelines. SECTION 19: That Section 6-11-1-10(B) of the City Code is hereby further amended to read as follows: (B) Site Controls and Standards: The following site controls and standards are established to provide a regulatory framework that will promote excellence in site design. Their establishment is not intended to restrict or inhibit the Site Plan and Appearance Review Committee Design and Project Review Committee or the applicant from applying other site design principles and standards that may be applicable to the planned development being proposed and that may be found in or interpolated from the Plan for Downtown Evanston, and the City's Manual of Design Guidelines or in common use by design professionals. 1. Walkways developed for a planned development shall form a logical, safe and convenient system for pedestrian access to all project facilities and off-site destinations likely to attract substantial pedestrian traffic. Pedestrian ways shall not be used by other automotive traffic. 2. The location, construction and operation of parking, loading areas, and service areas, shall be designed to avoid adverse effects on residential uses within or adjoining the development and, where possible, provide 273 of 312 66-O-15 ~12~ additional parking beyond that required for the planned development to service the downtown district in which it is located. 3. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. If the planned development employs local streets within the development, said streets shall not be connected to streets outside the development in such a way as to encourage their use by through traffic. 4. The planned development shall provide, if possible, for underground installation of utilities (including electricity and telephone) both in public ways and private extensions thereof. Provisions shall be made for acceptable design and construction of storm water facilities including grading, gutter, piping, treatment of turf, and maintenance of facilities. 5. For every planned development there shall be provided a market feasibility statement that shall indicate the consumer market areas for all uses proposed in the development, the population potential of the area or areas to be served by the uses proposed and other pertinent information concerning the need or demand for such uses of land. 6. For every planned development there shall be provided a traffic circulation impact study which shall show the effect of all proposed uses upon adjacent and nearby roads and highways. The study shall also show the amount and direction of anticipated traffic flow and clearly describe what road and traffic control improvements might become necessary as a result of the construction of the proposed development. 7. The Zoning Administrator may, at his discretion, require of the applicant additional studies or impact analyses when he determines that a reasonable need for such investigation is indicated. SECTION 20: That Section 6-14-1-8(B) of the City Code is hereby further amended to read as follows: (B) All outdoor storage areas whether accessory or principal shall be enclosed on all sides by an eight (8) foot tall solid fence and shall be subject to site plandesign and project review. SECTION 21: That Section 6-14-1-10(B) of the City Code is hereby further amended to read as follows: (B) Site Controls and Standards: The following site controls and standards are established to provide a regulatory framework that will promote excellence in site design. Their establishment is not intended to restrict or inhibit the Site Plan and Appearance Review Committee Design and Project Review Committee or the applicant from applying other site design principles and 274 of 312 66-O-15 ~13~ standards that may be applicable to the planned development being proposed and that may be found in the City's Manual of Design Guidelines or in common use by design professionals. 1. For all boundaries of the planned development immediately abutting a residential property there shall be provided a transition landscaped strip of at least five percent (5%) of the average depth of the lot or twenty (20) feet, whichever is greater, consisting of vegetative screening, fencing, or decorative walls in accordance with the Manual of Design Guidelines and Chapter 17, "Landscaping and Screening." The transition landscaped strip and its treatment shall be depicted on the required landscape plan submitted as part of the planned development application. 2. Walkways developed for a planned development shall form a logical, safe and convenient system for pedestrian access to all project facilities as well as any off-site designation likely to attract substantial pedestrian traffic. Pedestrian-ways shall not be used by other automotive traffic. 3. The location, construction and operation of parking, loading areas, and service areas, shall be designed to avoid adverse effects on residential uses within or adjoining the development and, where possible, provide additional parking beyond that required for the planned development to service the industrial district in which it is located. 4. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic. If the planned development employs local streets within the development, said streets shall not be connected to streets outside the development in such a way as to encourage their use by through traffic. 5. The planned development shall provide, if possible, for underground installation of utilities (including electricity and telephone) both in public ways and private extensions thereof. Provisions shall be made for acceptable design and construction of storm water facilities including grading, gutter, piping, treatment of turf, and maintenance of facilities. 6. For every planned development there shall be provided a market feasibility statement that shall indicate the consumer market areas for all uses proposed in the development, the population potential of the area or areas to be served by the uses proposed, and other pertinent information concerning the need or demand for such uses of land. 7. For every planned development there shall be provided a traffic circulation impact study that shall show the effect of all proposed uses upon adjacent and nearby roads and highways. The study also shall show the amount and direction of anticipated traffic flow and clearly describe what road improvements and traffic control improvements might become necessary as result of the construction of the proposed development. 275 of 312 66-O-15 ~14~ 8. The Zoning Administrator may, at his discretion, require of the applicant additional studies or impact analyses when he determines that a reasonable need for such investigation is indicated. SECTION 22: That Section 6-14-3-6(A) of the City Code is hereby further amended to read as follows: (A) Front Yard: Building, none; parking permitted with appropriate landscaping, as determined by the Site Plan and Appearance Review Committee Design and Project Review Committee. SECTION 23: That Section 6-14-3-6(B) of the City Code is hereby further amended to read as follows: (B) Side Yard Abutting A Street: Building, fifteen (15) feet; parking, permitted with appropriate landscaping, as determined by the Site Plan and Appearance Review Committee Design and Project Review Committee. SECTION 24: That Section 6-14-4-6(A) of the City Code is hereby further amended to read as follows: (A) Front Yard: Building, none; parking permitted with appropriate landscaping, as determined by the Site Plan and Appearance Review Committee Design and Project Review Committee. SECTION 25: That Section 6-14-4-6(B) of the City Code is hereby further amended to read as follows: (B) Side Yard Abutting A Street: Building, fifteen (15) feet; parking, permitted with appropriate landscaping, as determined by the Site Plan and Appearance Review Committee Design and Project Review Committee. SECTION 26: That Section 6-15-7-7 of the City Code is hereby further amended to read as follows: 6-15-7-7. - TRANSITION LANDSCAPE STRIP. When any lot located within the U2 district abuts a lot located in a residential district there shall be provided a transition landscape strip with a minimum width of at least thirty-five (35) feet. The transition landscape strip shall only be required along the lot lines that abut the residential district lot. The transition landscape strip shall be developed in accordance with the Manual of Design Guidelines and shall be subject to site plandesign and project review. 276 of 312 66-O-15 ~15~ SECTION 27: That Section 6-15-10-1(A) of the City Code is hereby further amended to read as follows: (A) The oH hospital overlay district is designed and intended to address the special needs and potential impacts of large-scale, multi-functional hospitals and medical campuses. Development within the oH district, because of its inherent complexity and interrelationship with existing land uses and activities shall be subject to site plan and appearancedesign and project review and institutional development plan approval. SECTION 28: That Section 6-15-10-5(B) of the City Code is hereby further amended to read as follows: (B) Review Procedure: The Site Plan and Appearance Review Committee Design and Project Review Committee shall review the institutional development plan concurrently with the site plan submitted pursuant to this Section 6-15-10-5. The Site Plan and Appearance Review Committee Design and Project Review Committee shall prepare a written report of their recommendation that shall be forwarded to the Zoning Board of Appeals pursuant to Section 6-3-5-7 of this Title. SECTION 29: That Section 6-15-10-5(C) of the City Code is hereby further amended to read as follows: (C) Criteria For Review: In making their recommendation the Site Plan and Appearance Review Committee Design and Project Review Committee shall consider the following criteria: 1. Compatibility of the proposed use and its characteristics with the existing development within the oH district and the existing development located in the residential districts adjacent to the oH district. 2. Location and adequacy of off-street parking and loading and its relationship to existing and proposed buildings and structures. 3. Traffic generation characteristics of the proposed development in relation to internal and external street capacities. 4. The location of open space and landscaping and its relationship to existing and proposed buildings, pedestrianways and streets. 5. Pedestrian circulation within the oH district and its relationship to buildings, parking areas, and open space. 6. Architectural relationships, both formal and functional, of the proposed development to existing buildings within and immediately adjacent to the 277 of 312 66-O-15 ~16~ oH district including spacing between buildings, massing, scale, and proportion. 7. Protection of significant view corridors and historic buildings or structures both within and immediately adjacent to the oH district. 8. Protection of any natural feature, water and air quality, and mitigation of any impacts on adjacent districts from noise. SECTION 30: That Section 6-15-13-4 of the City Code is hereby further amended to read as follows: 6-15-13-4. - SITE PLANDESIGN AND PROJECT REVIEW. Site planDesign and project review shall be required of every request for a building permit or a zoning certificate within the oRD district including those requiring planned development petitions as well as those not involving the construction or erection of new buildings or structures, except that the Zoning Administrator may waive this requirement when he finds that the requested alteration or addition does not involve any diminution to the character of the District. SECTION 31: That Section 6-16-2-8(A) of the City Code is hereby further amended to read as follows: (A) Plan: The design of parking lots or areas shall be subject to the approval of the Site Plan and Appearance Review Committee Design and Project Review Committee, in accordance with standards set forth in the Manual of Design Guidelines and any additional standards established by the Zoning Administrator. SECTION 32: That Section 6-16-2-11 of the City Code is hereby further amended to read as follows: 6-16-2-11. - BICYCLE PARKING FACILITIES. New public, hospital, university or college buildings, and shopping centers shall provide bicycle parking facilities if required by the Site Plan and Appearance Review Committee Design and Project Review Committee. SECTION 33: That Section 6-16-4-2 of the City Code is hereby further amended to read as follows: 6-16-4-2. - ACCESS. 278 of 312 66-O-15 ~17~ Each required off street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner that will least interfere with traffic movement, and shall be subject to approval by the Site Plan and Appearance Review Committee Design and Project Review Committee. SECTION 34: That Section 6-16-4-4 of the City Code is hereby further amended to read as follows: 6-16-4-4. - SIZE. Unless otherwise specified, a required off-street loading berth shall be at least ten (10) feet in width by at least thirty-five (35) feet in length for short berths, and twelve (12) feet in width by at least fifty (50) feet in length for long berths exclusive of aisle and maneuvering space. Maneuvering aprons of appropriate width and orientation shall be provided and will be subject to approval by the Site Plan and Appearance Review Committee Design and Project Review Committee. SECTION 35: That Section 6-16-4-8(B) of the City Code is hereby further amended to read as follows: (B) Plan: The design of loading areas shall be subject to the approval of the Site Plan and Appearance Review Committee Design and Project Review Committee in accordance with any additional standards established by the Zoning Administrator. SECTION 36: That Section 6-18-3 of the City Code is hereby further amended to include the following: EMERGENCY PHONE STRUCTURE: A structure with a phone specifically provided for making calls to emergency services for security and safety precaution in public areas. Emergency phone structures are typically highly visible due to high- intensity lighting. Examples include, but are not limited to: emergency phones, phone stanchions, call stations, and call boxes. SECTION 37: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 279 of 312 66-O-15 ~18~ SECTION 38: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this 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 39: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 40: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 280 of 312 For City Council meeting of June 22, 2015 Item P2 Ordinance 51-O-15: Zoning Text Amendment for Firearm Ranges For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Damir Latinovic, Planning and Zoning Administrator Ellen Cholewa, Zoning Intern Subject: Ordinance 51-O-15 Zoning Ordinance Text Amendment -Firearm Ranges 15PLND-0027 Date: May 26, 2015 Recommended Action: The Plan Commission and staff recommend approval of the Zoning Ordinance Text Amendment to create a definition and land use regulations for Firearm Ranges. This ordinance was introduced at the June 8, 2015 City Council meeting. Background On March 23, 2015, City Council adopted Ordinance 6-O-15 which amended Title 9, Chapter 8, Weapons regarding firearm regulations to be consistent with state and federal law. Among other things, the ordinance states that firearm dealers are permitted only at licensed firearm ranges which are only to be allowed as a special use in the industrial I1, I2, and I3 Districts. Furthermore, firearm ranges shall not be located within 350 feet of any R1, R2 or R3 Districts, or within 350 feet of any school, child daycare facility, or public park, as measured from lot line to lot line. Implementation of the distance separation from other residential districts (R4, R4a, R5 and R6) was not possible because of their proximity to industrial areas that would result in the ban of firearm ranges. In wake of the adoption of Ordinance 6-O-15, City staff recognized the need to amend the Zoning Ordinance along with other necessary changes to the City Code to reflect the recent amendments to firearm regulations. Proposal Overview Staff is proposing a new zoning land use definition for Firearm Range with specific regulations pertinent to this use consistent with Weapons Code. Staff is proposing the following new land use definition: Memorandum 281 of 312 Firearm Range – Any indoor establishment where the discharging of a firearm, as defined in Section 9-8-1, is allowed for a sporting event or for practice, instruction, testing, or training in the use of a firearm. A Firearm Range may also include rental of a firearm for allowable uses within the establishment and a firearm dealer as defined and regulated by Title 9 Chapter 8 – Weapon of the City Code. The proposed land use regulations are summarized in the table below: Existing Proposed Classification Not classified Firearms Range Regulation Allowed as Permitted Use (P) Allowed as Special Use (S) Allowed as Permitted Use (P) Allowed as Special Use (S) more than 350 ft. from any R1, R2 or R3 district, or an existing school, child daycare facility, or public park Zoning Districts None None None I1, I2, I3 Firearm Ranges may include Firearm Dealers, as defined and regulated by Title 9 Chapter 8 – Weapons of the City Code, to be located within the establishment. This allows the City to limit the sales of firearms to firearm ranges which will create an inextricable link between the acquisition of a firearm and the training necessary to ensure it is handled and used safely. Standards of Approval The proposed Zoning Ordinance Text Amendment to establish a definition and zoning regulations for Firearm Ranges meets the standards for approval of amendments per Section 6-3-4-5 of the City Code. The proposal is consistent with the recent changes to the Weapons Code and the Comprehensive General Plan’s objective to maintain the appealing character of Evanston’s neighborhoods while guiding their change. The proposed regulations for Firearm Ranges would enhance consistency with state and federal laws, and promote public safety. The proposed regulations will allow Firearm Ranges within specific areas of the City, but will also provide a way for the City to limit the sales of firearms to firearm ranges. This creates a connection between firearm acquisition and necessary training which could improve the public safety and welfare. The proposed text amendment will not have any adverse effects on the values of the properties in the area. Legislative History May 13, 2015 – The Plan Commission recommended approval of the proposed text amendment with a 4-1 vote. Attachments 282 of 312 Proposed Ordinance 51-O-15 Theoretical Firearm Range Location Map Plan Commission Meeting Minutes 05/13/2015 - Draft Link to Plan Commission Packet for 05/13/2015 283 of 312 6/10/2015 5/6/2015 51-O-15 AN ORDINANCE Amending Portions of the Zoning Ordinance to Add a Firearm Range Use and Special Use Restrictions, Amending Title 3 to Add Licensing of Firearm Ranges and Amending Title 4 with Associated Building Code Regulations to Firearm Ranges SECTION 1. Legislative Statement. Following (1) the enactment of Ordinance 6-O-15, “Amending the Text of Title 9, Chapter 8, Weapons,”(2) recent court rulings concerning Second Amendment rights, and (3) new legislative action in the State of Illinois, (the “Firearm Concealed Carry Act,” Public Act 98-63 (“the Act”)), effected significant changes to firearm regulations. The City Council of the City of Evanston enacted Ordinance 6-O-15 on March 23, 2015, amending City Code Title 9, Chapter 8 which compliments the City’s ongoing compliance with the Act, following the Act’s adoption in 2013. This Ordinance imposes the companion zoning restrictions on firearm ranges contained within Ordinance 6-O-15 and establishes specific regulations for firearm range facilities related to construction, licensing and operational requirements. Article VII, Section (6)a of the Illinois Constitution of 1970 states that, “a home rule unit may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power… to license.” As a home rule unit, the City of Evanston’s powers shall be construed liberally. Scadron v. City of Des Plaines, 153 Ill. 2d 164 (1992). This Ordinance is presumed constitutional and the burden of rebutting that strong presumption is on the party challenging the validity of the statute to 284 of 312 51-O-15 ~2~ clearly demonstrate a constitutional violation. Napleton v. Village of Hinsdale, 229 Ill. 2d 296, 306 (2008). It is well-settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid. Glenview State Bank v. Village of Deerfield, 213 Ill. App. 3d 747, 759 (2nd Dist. 1991). A court has a duty to uphold the constitutionality of a statute/ordinance when reasonably possible, and if a statute’s/ordinance’s construction is doubtful, the court will resolve the doubt in favor the statute’s/ordinance’s validity. Id. (citing People ex rel. Sherman v. Cryns, 203 Ill.2d 264, 291 (2003)). The City Council and City staff reviewed and considered comparable ordinances from similarly situated jurisdictions regarding firearm regulations, as well as relevant court precedent. The City Council finds that that there is a compelling governmental interest in implementing reasonable regulations on firearms in the City under this Ordinance to promote the health, safety, and welfare of City residents and visitors alike. These regulations comply with the Act and recent court rulings. The firearm range operational and licensing restrictions contained herein, that amend Title 4, Chapter 2 (the “Building Code”) are devoted to topics specifically attributable to firearm range uses such as ventilation, height and area limitations for the practice area, and other regulations established to protect the health, safety and welfare of City residents and visitors. On May 13, 2015, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 15PLND-0027, to consider various amendments to Zoning Ordinance relating to the creation of the Use known as “Firearms Range”. The Plan Commission received testimony and made written findings pursuant to Section 6-3-4-5 285 of 312 51-O-15 ~3~ of the Zoning Ordinance that the proposed amendments meet the standards for text amendments, and recommended City Council approval thereof. On June 8, 2015, the Planning and Development Committee of the City Council considered and adopted the findings and recommendation of the Plan Commission in case no. 15PLND-0027, and recommended City Council approval thereof. On June 8, 2015 and June 22, 2015, the City Council considered and adopted the records and recommendations of the Plan Commission and the Planning and Development Committee. The City Council held meetings in compliance with the provisions of the Illinois Open Meetings Act and considered the statements, points, and authorities made in the legislative Record, and received additional input from the public. SECTION 2: Title 3 of the Evanston City Code of 2012, as amended, is hereby further amended to add a new chapter, Chapter 31, entitled “Firearm Range License” which shall read as follows: 3-31-1. - FIREARMS RANGE LICENSE REQUIRED. No person or entity shall operate a firearms range in the City of Evanston without first obtaining a Firearm Range License in accordance with the provisions of this Chapter and payment of an annual Firearm Range License fee. A separate Firearms License shall be required for each firearms range location, regardless of whether such multiple establishments are operated by the same person or entity. 3-31-2. – APPLICATION INFORMATION. (A) Applications for a Firearms Range License shall be made to the City Manager or his or her designee on forms prescribed and furnished by the City Manager or designee. The City Manager or his or her designee may request additional information from an applicant including but not limited to proof of all state and federal firearm registrations and licenses. (B) The applicant must provide detailed plans of the facility, with fully-designed architectural drawings including Mechanical/Electrical/Plumbing (“MEP”) designs, for review by the Police Department and Community Development Department. All safety, environmental, security, ventilation and noise pollution concerns must 286 of 312 51-O-15 ~4~ be satisfactorily addressed and meet the approval of the Chief of Police and the Community Development Department, Building Division, before an application will be processed. (C) All applications shall be accompanied by a criminal background investigation of all owners, operators, officers, managers, members, partners and shareholders of the proposed firearms range. Failure of any party to agree to submit to such an investigation will be considered automatic grounds for denial of a license. The results of the criminal background investigation may be grounds for denial of a license. 3-31-3. – GROUNDS FOR DENIAL, NON-RENEWAL, SUSPENSION OR REVOCATION. The City Manager or his or her designee may (i) deny an application for a license, (ii) refuse to renew a license, (iii) suspend or (iv) revoke a license, if it is determined that the applicant, licensee, or an owner, officer or manager of a licensee: (A) Was convicted of any crime under the laws of the United States or any state or territory therein that is either: (a) a felony, (b) a misdemeanor, pertaining to battery, dishonesty or directly related to the use, purchase, sale, or possession of firearms or other weapons, or (c) an offense listed in Article 24 of the Illinois Criminal Code, 720 ILCS 5/24-1 et. seq., or (d) a violation of 430 ILCS 65 or 430 ILCS 66. Conviction, as used in this paragraph, shall include a finding or verdict of guilty, an admission of guilt, or a plea of nolo contendere; (B) Made fraudulent, false or misrepresentative statements, or material omissions, in the application for the license or in any related license or permit. (C) Is indebted to the City for (1) required fees, (2) costs incurred by the City in relation to the individual or entity, or (3) outstanding fines or penalties; or (D) Has not complied with applicable codes, ordinances, statutes, laws or rules and regulation of the City, State of Illinois, or United States Federal Government. 3-31-4. – TEMPORARY SUSPENSION In the event the City Manager finds that there is sufficient evidence that indicates the occurrence of criminal behavior, or a practice that would constitute a danger to the public, he or she may temporarily suspend a license without a hearing simultaneously with the notification of the right to a hearing provided for in City Code Section 3-31-6. In the event that the City Manager or his or her designee suspends a license, a hearing must be held within thirty (30) calendar days after the suspension has occurred. 3-31-5. – CONTENTS AND SERVICE OF NOTICES 287 of 312 51-O-15 ~5~ (A) Contents. All notices required to be given in accordance with this Chapter shall be in writing, setting forth the reasons for the denial, suspension, non-renewal or revocation of the license. The notice shall inform the applicant or licensee that the applicant or licensee has the right to request a hearing before the City Manager. (B) Service. All notices shall be sent by certified mail, return receipt requested, to the applicant or licensee specified on the application or license. Notice shall be considered given on the date such notice is mailed. 3-31-6. – HEARINGS In addition to the provisions contained in this Chapter, the City Manager or his or her designee may establish rules and regulations for the conduct of a hearing relating to the revocation or suspension of a license under this section. The City Manager or his or her designee shall send notice of intent to revoke a license issued under this Chapter. A license shall not be revoked unless the licensee has had an opportunity to present evidence or has had an opportunity for evidence to be presented on his behalf. The City Manager or his or her designee shall issue a written order after the hearing. Such written order shall be sent to the licensee or in accordance with the notice provisions of City Code Section 3-31-5. If within ten (10) days of the notice, the licensee does not request a hearing in writing, the license shall be revoked. 3-31-7. – FEES Fees for a Firearm Range License under this Chapter shall be two hundred dollars ($200.00) per lane. Fees for commercial inspection of the premises shall be one hundred dollars ($100.00) per firearm range. 3-31-8. – TRANSFER No license issued or granted under this Chapter shall be assigned or transferred to any other person or corporation other than to the person to whom such license was issued. No individual or entity other than the licensee shall act or do business under such license. 3-31-9. – CEASE AND DESIST The City Manager or his or her designee is authorized to issue a cease and desist order to any person owning or operating a firearms range, or acting as a firearms seller in the City, as defined by the City Code, that is not properly permitted and affiliated with a licensed firearms range. The City Manager or his or her designee is authorized to issue a cease and desist order to any person or entity operating a firearms range or acting as a firearms seller without being properly licensed. 3-31-10. – LOCATION 288 of 312 51-O-15 ~6~ No firearms range may be located within 350 feet of any R1, R2, R3 district, or within 350 feet of any school, child daycare facility, or public park, as measured from lot line to lot line. 3-31-11. – HOURS OF OPERATION Permitted hours of operation for a firearms range are: 10:00 a.m. to 7:00 p.m. daily. 3-31-12. – RENEWAL OF FIREARMS RANGE LICENSE The Firearms Range License shall expire at the end of each City fiscal year. The Firearms Range License may be renewed based upon an application for renewal and the payment of the Firearms Range License annual fee. The City Manager or his or her designee is authorized to review a renewal request in the same manner as an initial application. SECTION 3: Section 4-2-2 of the Building Code of the Evanston City Code of 2012, as amended (“City Code”), is hereby further amended to add Appendix A entitled “Building Code Regulations for Firearm Ranges.” Appendix A is attached to this Ordinance as Exhibit 1 and incorporated herein by reference. SECTION 4: Section 6-18-3 of the Zoning Ordinance, “Definitions,” is hereby amended to add the following definition: FIREARM RANGE: Any indoor establishment where the discharging of a firearm, as defined in Section 9-8-1, is allowed for a sporting event or for practice, instruction, testing, or training in the use of a firearm. A Firearm Range may also include rental of a firearm for allowable uses within the establishment and a firearm dealer as defined and regulated by Title 9 Chapter 8 – Weapon of the City Code. 289 of 312 51-O-15 ~7~ SECTION 5: Title 6, Chapter 4 of the Zoning Ordinance is hereby further amended by adding a new Section 10 for regulations pertaining to firearm ranges, which shall read as follows: 6-4-10: Special Regulations Pertaining to Firearm Ranges: (A) Purpose and Applicability: The purpose of this Section 6-4-10 is to ensure new Firearm Ranges are integrated with surrounding uses and are compatible in character with surrounding neighborhood or area of the zoning district in which they are located. (B) Special Use: The approval for a Firearm Range shall only be allowed as a Special Use in I1, I2, and I3 Zoning Districts. Any such Firearm Range shall not be located within 350 feet of any R1, R2, R3 district, or within 350 feet of any school, child daycare facility, or public park, as measured from lot line to lot line. (C) Distance Requirement: The distance requirement shall be measured from the nearest property lines of each property the Firearm Range is located on. (D) Certificate of Zoning Compliance: A Certificate of Zoning Compliance is required prior to any Firearm Range use being established. SECTION 6: Subsection 6-14-2-3 of the Zoning Ordinance, “Special Uses” in the I1 District, is hereby amended to include “Firearm Range (located more than three hundred fifty feet (350’) from any R1, R2, R3 district or within three hundred fifty feet (350’) of any school, child daycare facility, or public park as measured from lot line to lot line.” SECTION 7: Subsection 6-14-3-3 of the Zoning Ordinance, “Special Uses” in the I2 District, is hereby amended to include “Firearm Range (located more than three hundred fifty feet (350’) from any R1, R2, R3 district or within three hundred fifty feet (350’) of any school, child daycare facility, or public park as measured from lot line to lot line.” SECTION 8: Subsection 6-14-4-3 of the Zoning Ordinance, “Special Uses” in the I3 District, is hereby amended to include “Firearm Range (located more than three hundred fifty feet (350’) from any R1, R2, R3 district or within three hundred 290 of 312 51-O-15 ~8~ fifty feet (350’) of any school, child daycare facility, or public park as measured from lot line to lot line.” SECTION 9: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 10: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this 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 11: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 12: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 291 of 312 51-O-15 ~9~ EXHIBIT 1 Appendix A. BUILDING CODE REGULATIONS FOR FIREARM RANGES (1) DEFINITIONS. For purposes of this Appendix, the following definitions apply: ANCILLARY SPACES. The uses associated with the operations of the firearm range outside of the practice area, which directly support the operations of the practice area. “Ancillary spaces” may include, but are not limited to, offices, classrooms, locker facilities, washroom facilities, and spectator spaces. FIREARM RANGE. Any indoor establishment where the discharging of a firearm, as defined in Section 9-8-1 and Section 6-18-3, is allowed for a sporting event or for practice, instruction, testing, or training in the use of a firearm. A Firearm Range may also include rental of a firearm for allowable uses within the establishment and a firearm dealer as defined and regulated by Title 9 Chapter 9 – Weapon of the City Code. FIRING LINE. The point where a person stands or positions himself to discharge a firearm. REAR WALL. The wall located in a practice area that is parallel to and opposite from, the wall where the bullet trap/backstop is located. SHOOTING BOOTH. The space between fixed panels along the firing line designed to protect someone discharging a firearm from an adjacent person discharging a firearm. SHOOTING POSITION. The space along the firing line designated for an individual practice area patron to use when discharging a firearm. PRACTICE AREA. The section of the firearm range facility from the firing line to the rear (exterior) wall of the structure behind the backstop. (2) GENERAL REQUIREMENTS. (a) Every firearm range erected, constructed within an existing building, or substantially rehabilitated shall comply with all applicable special provisions of this appendix. (b) Every firearm range erected, constructed within an existing building, or substantially rehabilitated shall comply with the requirements the applicable code 292 of 312 51-O-15 ~10~ requirements for the specific use of the space as determined by Title 4, Chapter 2 “Building Code” of the Evanston City Code of 2012, as amended. (c) Where a more specific or restrictive requirement is provided in this section than found elsewhere in the code, the requirements in this section shall govern. (3) PERMITS REQUIRED. (a) It shall be unlawful to proceed with the construction, installation, enlargement or alteration of a firearm range without first obtaining a permit from the Division Manager of Building and Inspection Services Division or his/her designee and other required departments. (b) The permit fee for the initial installation and inspection of the firearm range shall be in the amount required by Ordinance 138-O-14, as amended. (c) The permit application shall include drawings and documents that fully describe all features of the firearm range, including but not limited to the installed equipment and all required ballistic safety features, along with all supporting documents to fully describe the building, all appurtenances and the intended caliber of ballistics. (4) ENCLOSURE REQUIREMENTS. (a) A practice area must be totally enclosed with contiguous walls, a ceiling, and a floor that separates the practice area from the remaining part of the firearm range and any other uses located in the building. Except as provided in subsection (b) of this section, the enclosure shall be penetration-proof for the heaviest caliber of ammunition used in the practice area if fired point blank into the enclosure at 90 degrees to the surface. Enclosure walls, floors, ceiling assemblies, doors and opening protective assemblies for the practice area shall be designed and constructed with materials and assemblies sufficient to stop all bullets fired or projectiles from penetrating beyond the practice area enclosure. (b) The rear wall shall be designed and constructed of materials, assemblies, and opening protectives strong enough to be capable of stopping a ricochet of a bullet, fragment or back splatter, from penetrating beyond the rear wall. (c) All enclosure requirements shall comply with Range Design Criteria - U.S. Department of Energy Section 5 – Indoor Range Design, as amended. (5) ANCILLARY SPACES. Ancillary spaces shall be contiguous to the practice area and directly support the operations of the practice area. These spaces shall be separated from the practice area with appropriate means to diminish contamination from the by-products of the practice area and be protected from any projectiles straying from the practice area. (6) OCCUPANCY REQUIREMENTS. (a) A firearm range occupancy classification shall be an A-3 occupancy. All ancillary spaces shall have an occupancy classification in accordance with all of the requirements that are applicable to each of the purposes for which the room or space will be occupied. Where a structure is proposed for a purpose that is not specifically provided for in this code, such structure shall be classified in the 293 of 312 51-O-15 ~11~ group that the occupancy most nearly resembles, according to the fire safety and relative hazard involved. The most restrictive ancillary space occupancy which is greater than 5% of the total firearm range area shall govern the occupancy classification. A firearm range shall comply with the applicable code requirements for the specific use of the space as determined by Title 4, Chapter 2 and this section. The amount of area per person shall be determined by 2012 International Building Code, Section 1004, as amended. (b) The occupancy calculation to determine the occupancy count of the practice area shall be determined by calculating the amount of area behind the firing line between the firing line and the perimeter of the enclosure protecting the remaining firearm range facility from projectiles and dividing that area by 20 square feet. All firing lines shall be stationary. (c) The occupancy count shall be used to determine the required number and size of the exits. The area between the firing line and the bullet trap/backstop shall be unoccupied and shall not be counted in the occupancy load calculations or be considered for exiting travel distance. (7) HEIGHT AND AREA LIMITATIONS. (a) The height and area limitations of a firearm range shall be as provided in Title 4, Chapter 2 and the 2012 International Building Code, Chapter 5. In calculating the maximum allowable area of the firearm range, the total area in the practice area, including the area from the firing line to the wall behind the backstop/bullet trap, shall be included in such calculations. (b) The maximum height of every practice area erected or constructed within a new or existing building shall be one-story or 20 feet, whichever is less, and the maximum area shall match the limitations for H-3 classification, Construction Type I or II only per 2012 International Building Code, table 503. (8) PRACTICE AREA FACILITY REQUIREMENTS. (a) The firearm range must comply with all applicable code sections as determined by the occupancy classification. Where the ancillary spaces are under the direct control and management of the owner of the practice area, no mixed occupancy separation is required between the practice area and the ancillary spaces. Where the ancillary spaces are not under the direct control and management of the owner of the practice area, or where the practice area is constructed without ancillary spaces, the mixed occupancy separation shall be as set forth in the 2012 International Building Code, Table 508.4. (b) Exiting for the firearm range shall not be through the practice area. (c) (1) The firearm range may include the following uses: office space, mercantile, training, classroom or spectator space, general patron use space, locker rooms including showers, range master booth, storage of ammunition, and storage of firearms. (2) The firearm range shall include the following uses: (a) a practice area; (b) security entrance; 294 of 312 51-O-15 ~12~ (c) toilet facilities in compliance with current edition of the Illinois Plumbing Code; and (d) All occupancies within the firearm range must be protected from any projectiles straying from the practice area. (9) PRACTICE AREA REQUIREMENTS. (a) Every practice area shall be separated from the rest of the firearm range facility and/or other occupancies with a separation that prevents projectiles from straying from the practice area. (b) Every practice area shall comply with the following: (1) Area Requirement: The shooting range shall have a minimum ceiling height of 8 feet. The area between the firing line and the rear wall shall be at a minimum adequate to accommodate a designated exit path beyond the depth of the area occupied by the practice area patron and any appurtenances. The exit path shall be in addition to the area required for practice area patrons to easily and directly move from one shooting booth or shooting position to another along the firing line without disturbing another practice area patron, and in addition to the area required for the range master to monitor operations; (2) Sound Control: The noise emanating from the practice area to areas outside of the firearm range is subject to City of Evanston Code, Title 6, 13-1-4, compliance with applicable regulations for noise and vibration control. The maximum noise emanating from the firearm range shall not be more than 55 dB when measured from a distance of 100 feet or more from the source, or 70 dB when measured from a distance of 10 feet or more from the source. The practice area shall conform to the requirements of The Occupational Noise Exposure Standard Section 1910.95 of 29 C.F.R. Part 1910 and shall be designed and constructed to contain noise generated from the discharge of firearms. (3) Special Ballistic Protectives: The practice area shall have ceiling baffles, deflector plates and floor guards of appropriate materials, such as steel plate covered with wood or other materials, which are designed with sufficient bullet resistive strength, thickness, and configuration to function safely for the type and caliber of firearms and ammunition used within the practice area. Such protectives shall be permanently located and anchored to protect the building structure, lighting fixtures, HVAC ductwork and appurtenances, plumbing hose bibbs, floor drains and cleaning apparatus, ceilings, target carrier apparatus or other range appurtenances or assemblies to protect against ricochets or back splatter and to re-direct the projectiles to the backstop; (4) Bullet Trap/Backstop: The practice area shall have a permanent, fixed, manufactured bullet trap system capable of stopping and containing the bullets or projectiles from any firearms discharged in the practice area. The bullet trap shall be designed and constructed of appropriate bullet resistive, durable materials, such as steel plate. The bullet trap shall be capable of functioning safely for the type, amount and duration of 295 of 312 51-O-15 ~13~ firearm usage at the practice area. The bullet trap shall cover the entire space between the two side walls of the practice area and provide complete coverage for all firing positions from floor to the underside of the structural ceiling assembly. Bullet trap systems which utilize rubber chunks, blocks, sheets, layered rubber, laminated carpeting or other materials potentially subject to combustion, shall be fire-treated to be fire- resistive and meet the flame spread requirements of Class 1, unless the building is equipped with an approved automated sprinkler system, in which case Class 2 requirements shall apply. Mobile or temporary bullet traps/backstops are prohibited; 5) Exit Pathways: Exits and exit pathways serving the practice area shall not require occupants to pass beyond the firing line and cross through the practice area. The area from the firing line to the back of the backstop/bullet trap shall not be included in the exiting travel distances. No exits shall be located in this area; (6) No Doors or Windows Downrange: No doors or windows shall be located in the practice area in the space between the back face of the bullet trap to a point five feet behind the firing line located the farthest distance from the bullet trap/ backstop; (7) Floors, Ceilings, and Walls: The floors, ceilings, and walls of every practice area shall be constructed of smooth non-porous materials to facilitate effective maintenance and cleaning and removal of lead particulate. (8) Shooting Booths: Where shooting booth separations are provided, the shooting booth panels shall be constructed of permanently fixed, cleanable, non-porous materials. The shooting booths shall be constructed to provide an impenetrable protective barrier between people in the shooting booths and to protect against the effects of ejected bullet casings and muzzle blast; (9) Range Master Booth: Where a range master booth is provided, the practice area shall be limited in size to the area that can be directly visible to the range master at all times. The range master booth shall be constructed to provide: (i) protection from any projectiles straying from the practice area; (ii) clear visibility of all firing positions at the practice area; (iii) ready access to the practice area; (iv) acoustical protection and separation for the range master; (v) protection from exposure to lead particulate from the practice area, as provided for in rules and regulations promulgated by the department of health; and (vi) immediate access to and use of the practice area communication system; (10) Removal of Lead Particulate: The practice area shall be equipped with a lead particulate removal system, such as a HEPA vacuum or other such system approved by the commissioner of public health, or a lead 296 of 312 51-O-15 ~14~ particulate removal system which removes the lead particulate using water; and (11) If the practice area uses a lead particulate removal system that removes the lead particulate using water, the practice area shall have a floor drain at the backstop/bullet trap that collects lead and other hazardous waste material in a separate drainage system to an approved collection device or treatment system that complies with all applicable local, state or federal laws and standards. (10) VENTILATION REQUIREMENTS. In addition to general building ventilation and heat requirements applicable to a firearm range, the practice area shall be provided with an engineered ventilation and exhaust system that complies with OSHA Lead Standard for General Industry, 29 C.F.R. 1910.1025 that limits lead exposure and prevents the build-up of noxious gases caused by the discharge of firearms. The practice area ventilation and exhaust system shall conform to the following requirements: (a) The ventilation air supply system shall provide a horizontal laminar air flow from floor to ceiling at the firing line of 75 fpm. The minimum allowable range laminar air flow shall be 50 fpm from the firing line to the bullet trap. The laminar flow of air shall be directed away from shooters at the firing line downrange towards the backstop/bullet trap area. (b) The entire practice area shall be maintained at a slightly negative pressure with respect to adjacent areas to prevent the escape of contaminants from the shooting range. Exhaust air shall exceed supplied air by a minimum of 10%. (c) The practice area shall be designed and constructed with separation walls, doors, windows and assemblies with related gaskets and sealing materials sufficient to close off the practice area from the firearm range and adjacent spaces to provide the air pressures required for the practice area ventilation and exhaust system to operate correctly. (d) Where a firearm range contains multiple practice areas, each practice area shall be provided with a separate ventilation and exhaust system. (e) The supply and exhaust systems shall be electrically interlocked to turn on each system at the same time. (f) The practice area ventilation and exhaust system shall be a totally separate system isolated from any other ventilation and exhaust system which serves the ancillary spaces of the firearm range facility. (g) The ventilation and exhaust system shall be commissioned prior to initial operation, and a regular schedule of maintenance and system adjustment shall be included in the description of the ventilation and exhaust system as part of the permit application. For purposes of this subsection (g), “commissioned” has the same meaning ascribed to that term in American Society of Heating, Refrigeration, and Air-conditioning Engineers Guideline 0-2005, as amended. The practice area ventilation and exhaust system shall be operated and maintained in conformity with the submitted schedules and procedures. (h) The practice area ventilation and exhaust systems shall be either: 297 of 312 51-O-15 ~15~ (1) a 100% total exhaust/purge system utilizing 100% fresh make up air. All air from the practice area shall be completely exhausted. The exhausted air shall be filtered and cleaned to remove lead particulate before exhausting to the open atmosphere. Twenty-five percent of the airflow shall be exhausted 15 feet downrange from the firing line and the other 75% shall be exhausted at the apex of the backstop/bullet trap. The ventilation system shall operate at one fan speed only and shall be designed and provided with automatic sensors and controls, where required, to monitor and ensure the performance and safety of the system; or (2) an air cleaning re-circulation system that re-circulates up to a maximum of 75% of the air and cleans and exhausts a minimum of 25% of the air in the practice area. The air re-circulation system shall be designed and provided with primary and secondary filters, high efficiency particulate air (HEPA) filters, electronic precipitators or other air filtering and cleaning technology, as reviewed and approved by the Building Official, to remove lead particulate from the re-circulated air before re-introduction into the practice area. System exhaust fans may operate at variable speeds. The ventilation system shall be designed and provided with automatic sensors and controls, where required, to monitor and ensure the performance and safety of the system. (i) New technology or designs for practice area ventilation and exhaust systems not authorized in this code shall be reviewed and approved by the Building Official on standards and tests prior to installation. (j) All other ventilation, refrigeration and heating systems for the firearm range shall conform to the requirements of the 2012 International Mechanical Code, as amended by the City of Evanston. (k) The practice area shall be provided with heating and cooling for the comfort of practice area patrons and staff. Where the heating or cooling system is not a component of the ventilation and exhaust system, such as radiant heating or geothermal sourcing, one heating or cooling system in the firearm range is permitted. (l) All ventilation and exhaust equipment, ducts and appurtenances shall be located and installed to allow ready maintenance and inspection. (11) PLUMBING REQUIREMENTS. (a) Every firearm range shall meet all applicable plumbing code requirements of the Illinois Plumbing Code as adopted and amended by the City of Evanston. (b) The occupancy calculation to determine the required number of plumbing fixtures for the firearm range shall be determined by this Appendix, Occupancy requirements. (c) The discharge of any waste from the firearm range shall be in compliance with all applicable local, state or federal laws or standards, and shall comply with the requirements of the City of Evanston Code, Title 4, Chapter 13 to prevent the discharge of any prohibited waste from entering into any sewer, watercourse, natural outlet or waters. 298 of 312 51-O-15 ~16~ (d) Interceptors or separators shall be installed to recover solids from metal particles, metal chips, shavings, plaster, stone, clay, sand, cinder, ashes, glass, gravel, oily or greasy residual waste and similar materials in separating lighter than water waste from heavier than water waste or waste from soiled water to prevent such matter from entering the drain line. The size, type, location and construction material of each interceptor and of each separator shall be designed and installed in accordance with the manufacturer's instructions. All interceptors and all separators shall be installed in an accessible location to permit the convenient removal of the lid and internal contents and to permit service and maintenance. Unless otherwise approved, all interceptors and separators shall have an inspection manhole located outside on private property to permit observation, measurement and sampling downstream of the interceptors or separators. (e) Waste that does not require treatment or separation need not be discharged into any interceptor or separator and may be in a separate line until after the interceptor or separator but must connect to the building sewer before the public way. Waste from the firearm range which does not have a lead contamination level of more than 0.5 mg/L is not required to discharge into an interceptor or separator. (f) Grease traps approved by the department of buildings shall have the waste retention capacity indicated in the Illinois Plumbing Code for the flow-through rated indicated. (12) ELECTRICAL REQUIREMENTS. (a) Every firearm range shall be constructed with emergency lighting in conformance with the requirements of 2011 National Electric Code, Article 700. (b) The practice area shall be constructed to be free of excessive glare and major differences in light levels. Floors and ceilings shall be designed to provide light reflection. (c) The lighting design and construction of every practice area shall include the following: (1) General lighting shall provide uniform light levels over the entire practice area and adjoining spaces; (2) Local lighting shall supplement general lighting along the firing line to provide better visibility; (3) Semi-direct lighting shall be provided to direct 60 to 90 percent of the lighting on the target. (13) GREEN BUILDING STANDARDS. All new buildings or spaces altered shall comply with the City of Evanston, Title 4, Chapter 21, Green Building Ordinance. 299 of 312 51-O-15 ~9~ EXHIBIT 1 Appendix A. BUILDING CODE REGULATIONS FOR FIREARM RANGES (1) DEFINITIONS. For purposes of this Appendix, the following definitions apply: ANCILLARY SPACES. The uses associated with the operations of the firearm range outside of the practice area, which directly support the operations of the practice area. “Ancillary spaces” may include, but are not limited to, an office, classroom, locker facilities, washroom facilities, and spectator space. FIREARM RANGE. Any indoor establishment where the discharging of a firearm, as defined in Section 9-8-1 and Section 6-18-3, is allowed for a sporting event or for practice, instruction, testing, or training in the use of a firearm. A Firearm Range may also include rental of a firearm for allowable uses within the establishment and a firearm dealer as defined and regulated by Title 9 Chapter 9 – Weapon of the City Code. FIRING LINE. The point where a person stands or positions himself to discharge a firearm. REAR WALL. The wall located in a practice area that is parallel to and opposite from, the wall where the bullet trap/backstop is located. SHOOTING BOOTH. The space between fixed panels along the firing line designed to protect someone discharging a firearm from an adjacent person discharging a firearm. SHOOTING POSITION. The space along the firing line designated for an individual practice area patron to use when discharging a firearm. PRACTICE AREA. The section of the firearm range facility from the firing line to the rear (exterior) wall of the structure behind the backstop. (2) GENERAL REQUIREMENTS. (a) Every firearm range erected, constructed within an existing building, or substantially rehabilitated shall comply with all applicable special provisions of this appendix. (b) Every firearm range erected, constructed within an existing building, or substantially rehabilitated shall comply with the requirements the applicable code 300 of 312 51-O-15 ~10~ requirements for the specific use of the space as determined by Title 4, Chapter 2 “Building Code” of the Evanston City Code of 2012, as amended. (c) Where a more specific or restrictive requirement is provided in this section than found elsewhere in the code, the requirements in this section shall govern. (3) PERMITS REQUIRED. (a) It shall be unlawful to proceed with the construction, installation, enlargement or alteration of a firearm range without first obtaining a permit from the Division Manager of Building and Inspection Services Division or his/her designee and other required departments. (b) The permit fee for the initial installation and inspection of the firearm range shall be in the amount required by Ordinance 138-O-14, as amended. (c) The permit application shall include drawings and documents that fully describe all features of the firearm range, including but not limited to the installed equipment and all required ballistic safety features, along with all supporting documents to fully describe the building, all appurtenances and the intended caliber of ballistics. (4) ENCLOSURE REQUIREMENTS. (a) A practice area must be totally enclosed with contiguous walls, a ceiling, and a floor that separates the practice area from the remaining part of the firearm range and any other uses located in the building. Except as provided in subsection (b) of this section, the enclosure shall be penetration-proof for the heaviest caliber of ammunition used in the practice area fired point blank into the enclosure at 90 degrees to the surface. Enclosure walls, floors, ceiling assemblies, doors and opening protective assemblies for the practice area shall be designed and constructed with materials and assemblies sufficient to stop all bullets fired or projectiles from penetrating beyond the practice area enclosure. (b) The rear wall shall be designed and constructed of materials, assemblies, and opening protectives strong enough to be capable of stopping a ricochet of a bullet, fragment or back splatter, from penetrating beyond the rear wall. (c) All enclosure requirements shall comply with Range Design Criteria - U.S. Department of Energy Section 5 – Indoor Range Design, as amended. (5) ANCILLARY SPACES. Ancillary spaces shall be contiguous to the practice area and directly support the operations of the practice area. These spaces shall be separated from the practice area with appropriate means to diminish contamination from the by-products of the practice area and be protected from any projectiles straying from the practice area. (6) OCCUPANCY REQUIREMENTS. (a) A firearm range occupancy classification shall be an A-3 occupancy. All ancillary spaces shall have an occupancy classification in accordance with all of the requirements that are applicable to each of the purposes for which the room or space will be occupied. Where a structure is proposed for a purpose that is not specifically provided for in this code, such structure shall be classified in the 301 of 312 51-O-15 ~11~ group that the occupancy most nearly resembles, according to the fire safety and relative hazard involved. The most restrictive ancillary space occupancy which is greater than 5% of the total firearm range area shall govern the occupancy classification. A firearm range shall comply with the applicable code requirements for the specific use of the space as determined by Title 4, Chapter 2 and this section. The amount of area per person shall be determined by 2012 International Building Code, Section 1004, as amended. (b) The occupancy calculation to determine the occupancy count of the practice area shall be determined by calculating the amount of area behind the firing line between the firing line and the perimeter of the enclosure protecting the remaining firearm range facility from projectiles and dividing that area by 20 square feet. All firing lines shall be stationary. (c) The occupancy count shall be used to determine the required number and size of the exits. The area between the firing line and the bullet trap/backstop shall be unoccupied and shall not be counted in the occupancy load calculations or be considered for exiting travel distance. (7) HEIGHT AND AREA LIMITATIONS. (a) The height and area limitations of a firearm range shall be as provided in Title 4, Chapter 2 and the 2012 International Building Code, Chapter 5. In calculating the maximum allowable area of the firearm range, the total area in the practice area, including the area from the firing line to the wall behind the backstop/bullet trap, shall be included in such calculations. (b) The maximum height of every practice area erected or constructed within a new or existing building shall be one-story or 20 feet, whichever is less, and the maximum area shall match the limitations for H-3 classification, Construction Type I or II only per 2012 International Building Code, table 503. (8) PRACTICE AREA FACILITY REQUIREMENTS. (a) The firearm range must comply with all applicable code sections as determined by the occupancy classification. Where the ancillary spaces are under the direct control and management of the owner of the practice area, no mixed occupancy separation is required between the practice area and the ancillary spaces. Where the ancillary spaces are not under the direct control and management of the owner of the practice area, or where the practice area is constructed without ancillary spaces, the mixed occupancy separation shall be as set forth in the 2012 International Building Code, Table 508.4. (b) Exiting for the firearm range shall not be through the practice area. (c) (1) The firearm range may include the following uses: office space, mercantile, training, classroom or spectator space, general patron use space, locker rooms including showers, range master booth, storage of ammunition, and storage of firearms. (2) The firearm range shall include the following uses: (a) a practice area; (b) security entrance; 302 of 312 51-O-15 ~12~ (c) toilet facilities in compliance with current edition of the Illinois Plumbing Code; and (d) All occupancies within the firearm range must be protected from any projectiles straying from the practice area. (9) PRACTICE AREA REQUIREMENTS. (a) Every practice area shall be separated from the rest of the firearm range facility or other occupancies with a separation that prevents projectiles from straying from the practice area. (b) Every practice area shall comply with the following: (1) Area Requirement: The shooting range shall have minimum ceiling height of 8 feet. The area between the firing line and the rear wall shall be at a minimum adequate to accommodate a designated exit path beyond the depth of the area occupied by the practice area patron and any appurtenances. The exit path shall be in addition to area required for practice area patrons to easily and directly move from one shooting booth or shooting position to another along the firing line without disturbing another practice area patron and the area required for the range master to monitor operations; (2) Sound Control: The noise emanating from the practice area to areas outside of the firearm range is subject to City of Evanston Code, Title 6, 13-1-4, compliance with applicable regulations for noise and vibration control. The maximum noise emanating from the firearm range shall not be more than 55 dB when measured from a distance of 100 feet or more from the source, or 70 dB when measured from a distance of 10 feet or more from the source. The practice area shall conform to the requirements of The Occupational Noise Exposure Standard Section 1910.95 of 29 C.F.R. Part 1910 and shall be designed and constructed to contain noise generated from the discharge of firearms. (3) Special Ballistic Protectives: The practice area shall have ceiling baffles, deflector plates and floor guards of appropriate materials, such as steel plate covered with wood or other materials, which are designed with sufficient bullet resistive strength, thickness, and configuration to function safely for the type and caliber of firearms and ammunition used within the practice area. Such protectives shall be permanently located and anchored to protect the building structure, lighting fixtures, HVAC ductwork and appurtenances, plumbing hose bibbs, floor drains and cleaning apparatus, ceilings, target carrier apparatus or other range appurtenances or assemblies to protect against ricochets or back splatter and to re-direct the projectiles to the backstop; (4) Bullet Trap/Backstop: The practice area shall have a permanent, fixed, proprietary manufactured bullet trap system capable of stopping and containing the bullets or projectiles from any firearms discharged at the practice area. The bullet trap shall be designed and constructed of appropriate bullet resistive, durable materials, such as steel plate. The bullet trap shall be capable of functioning safely for the type, amount and 303 of 312 51-O-15 ~13~ duration of firearm usage at the practice area. The bullet trap shall cover the entire space between the two side walls of the practice area and provide complete coverage for all firing positions from floor to the underside of the structural ceiling assembly. Bullet trap systems which utilize rubber chunks, blocks, sheets, layered rubber, laminated carpeting or other materials potentially subject to combustion, shall be fire-treated to be fire-resistive and meet the flame spread requirements of Class 1, unless the building is equipped with an approved automated sprinkler system, in which case Class 2 requirements shall apply. Mobile or temporary bullet traps/backstops are prohibited; 5) Exit Pathways: Exits and exit pathways serving the practice area shall not require occupants to pass beyond the firing line and cross through the practice area. The area from the firing line to the back of the backstop/bullet trap shall not be included in the exiting travel distances. No exits shall be located in this area; (6) No Doors or Windows Downrange: No doors or windows shall be located in the practice area in the space between the back face of the bullet trap to a point five feet behind the firing line located the farthest distance from the bullet trap/ backstop; (7) Floors, Ceilings, and Walls: The floors, ceilings, and walls of every practice area shall be constructed of smooth non-porous materials to facilitate effective maintenance and cleaning and removal of lead particulate. (8) Shooting Booths: Where shooting booth separations are provided, the shooting booth panels shall be constructed of permanently fixed, cleanable, non-porous materials. The shooting booths shall be constructed to provide an impenetrable protective barrier between people at the shooting booths and to protect against the effects of ejected bullet casings and muzzle blast; (9) Range Master Booth: Where a range master booth is provided, the practice area shall be limited in size to the area that can be directly visible to the range master at all times. The range master booth shall be constructed to provide: (i) protection from any projectiles straying from the practice area; (ii) clear visibility of all firing positions at the practice area; (iii) ready access to the practice area; (iv) acoustical protection and separation for the range master; (v) protection from exposure to lead particulate from the practice area, as provided for in rules and regulations promulgated by the department of health; and (vi) immediate access to and use of the practice area communication system; (10) Removal of Lead Particulate: The practice area shall be equipped with a lead particulate removal system, such as HEPA vacuum or other such system approved by the commissioner of public health, or a lead 304 of 312 51-O-15 ~14~ particulate removal system that removes the lead particulate using water; and (11) If the practice area uses a lead particulate removal system that removes the lead particulate using water, the practice area shall have a floor drain at the backstop/bullet trap that collects lead and other hazardous waste material in a separate drainage system to an approved collection device or treatment system that complies with all applicable local, state or federal laws and standards. (10) VENTILATION REQUIREMENTS. In addition to general building ventilation and heat requirements applicable to a firearm range, the practice area shall be provided with an engineered ventilation and exhaust system that complies with OSHA Lead Standard for General Industry, 29 C.F.R. 1910.1025 that limits lead exposure and prevents the build-up of noxious gases caused by the discharge of firearms. The practice area ventilation and exhaust system shall conform to the following requirements: (a) The ventilation air supply system shall provide a horizontal laminar air flow from floor to ceiling at the firing line of 75 fpm. The minimum allowable range laminar air flow shall be 50 fpm from the firing line to the bullet trap. The laminar flow of air shall be directed away from shooters at the firing line downrange towards the backstop/bullet trap area. (b) The entire practice area shall be maintained at a slightly negative pressure with respect to adjacent areas to prevent the escape of contaminants from the shooting range. Exhaust air shall exceed supplied air by a minimum of 10%. (c) The practice area shall be designed and constructed with separation walls, doors, windows and assemblies with related gaskets and sealing materials sufficient to close off the practice area from the firearm range and adjacent spaces to provide the air pressures required for the practice area ventilation and exhaust system to operate correctly. (d) Where a firearm range contains multiple practice areas, each practice area shall be provided with a separate ventilation and exhaust system. (e) The supply and exhaust systems shall be electrically interlocked to turn on each system at the same time. (f) The practice area ventilation and exhaust system shall be a totally separate system isolated from any other ventilation and exhaust system which serves the ancillary spaces of the firearm range facility. (g) The ventilation and exhaust system shall be commissioned prior to initial operation and a regular schedule of maintenance and system adjustment shall be included in the description of the ventilation and exhaust system as part of the permit application. For purposes of this subsection (g), “commissioned” has the same meaning ascribed to that term in American Society of Heating, Refrigeration, and Air-conditioning Engineers Guideline 0-2005, as amended. The practice area ventilation and exhaust system shall be operated and maintained in conformance with the submitted schedules and procedures. (h) The practice area ventilation and exhaust systems shall be either: 305 of 312 51-O-15 ~15~ (1) a 100% total exhaust/purge system utilizing 100% fresh make up air. All air from the practice area shall be completely exhausted. The exhausted air shall be filtered and cleaned to remove lead particulate before exhausting to the open atmosphere. Twenty-five percent of the airflow shall be exhausted 15 feet downrange from the firing line and the other 75% shall be exhausted at the apex of the backstop/bullet trap. The ventilation system shall operate at one fan speed only and shall be designed and provided with automatic sensors and controls, where required, to monitor and ensure the performance and safety of the system; or (2) an air cleaning re-circulation system that re-circulates up to a maximum of 75% of the air and cleans and exhausts a minimum of 25% of the air in the practice area. The air re-circulation system shall be designed and provided with primary and secondary filters, high efficiency particulate air (HEPA) filters, electronic precipitators or other air filtering and cleaning technology, as reviewed and approved by the Building Official, to remove lead particulate from the re-circulated air before re-introduction into the practice area. System exhaust fans may operate at variable speeds. The ventilation system shall be designed and provided with automatic sensors and controls, where required, to monitor and ensure the performance and safety of the system. (i) New technology or designs for practice area ventilation and exhaust systems not authorized in this code shall be reviewed and approved by the Building Official on standards and tests prior to installation. (j) All other ventilation, refrigeration and heating systems for the firearm range shall conform to the requirements of the 2012 International Mechanical Code, as amended by the City of Evanston. (k) The practice area shall be provided with heating and cooling for the comfort of practice area patrons and staff. Where the heating or cooling system is not a component of the ventilation and exhaust system, such as radiant heating or geothermal sourcing, one heating or cooling system in the firearm range is permitted. (l) All ventilation and exhaust equipment, ducts and appurtenances shall be located and installed to allow ready maintenance and inspection. (11) PLUMBING REQUIREMENTS. (a) Every firearm range shall meet all applicable plumbing code requirements of the Illinois Plumbing Code as adopted and amended by the City of Evanston. (b) The occupancy calculation to determine the required number of plumbing fixtures for the firearm range shall be determined by this Appendix, Occupancy requirements. (c) The discharge of any waste from the firearm range shall be in compliance with all applicable local, state or federal laws or standards, and shall comply with the requirements of the City of Evanston Code, Title 4, Chapter 13 to prevent the discharge of any prohibited waste from entering into any sewer, watercourse, natural outlet or waters. 306 of 312 51-O-15 ~16~ (d) Interceptors or separators shall be installed to recover solids from metal particles, metal chips, shavings, plaster, stone, clay, sand, cinder, ashes, glass, gravel, oily or greasy residual waste and similar materials in separating lighter than water waste from heavier than water waste or waste from soiled water to prevent such matter from entering the drain line. The size, type, location and construction material of each interceptor and of each separator shall be designed and installed in accordance with the manufacturer's instructions. All interceptors and all separators shall be installed in an accessible location to permit the convenient removal of the lid and internal contents and to permit service and maintenance. Unless otherwise approved, all interceptors and separators shall have an inspection manhole located outside on private property to permit observation, measurement and sampling downstream of the interceptors or separators. (e) Waste that does not require treatment or separation need not be discharged into any interceptor or separator and may be in a separate line until after the interceptor or separator but must connect to the building sewer before the public way. Waste from the firearm range which does not have a lead contamination level of more than 0.5 mg/L is not required to discharge into an interceptor or separator. (f) Grease traps approved by the department of buildings shall have the waste retention capacity indicated in the Illinois Plumbing Code for the flow-through rated indicated. (12) ELECTRICAL REQUIREMENTS. (a) Every firearm range shall be constructed with emergency lighting in conformance with the requirements of 2011 National Electric Code, Article 700. (b) The practice area shall be constructed to be free of excessive glare and major differences in light levels. Floors and ceilings shall be designed to provide light reflection. (c) The lighting design and construction of every practice area shall include the following: (1) General lighting shall provide uniform light levels over the entire practice area and adjoining spaces; (2) Local lighting shall supplement general lighting along the firing line to provide better visibility; (3) Semi-direct lighting shall be provided to direct 60 to 90 percent of the lighting on the target. (13) GREEN BUILDING STANDARDS. All new buildings or spaces altered shall comply with the City of Evanston, Title 4, Chapter 21, Green Building Ordinance. 307 of 312 NORTH SHORE CHANNELNORTH SHORE CHANNELHartre y AveMcDanie lAvePitne r Ave S o u t h B l v d Dempster St ElginRd ElginRd SheridanRdHam i l t o n S t SheridanRdDavis S t Le e S t Gr e e n Bay Rd Clark S t Gre e n w o o d S t Church S t Burnham P l Oakton S t Grove S t Lake S t Em e r s o n S t Flore nce Ave Main S t Maple Ave Mulford S t Orrington AveBrum m e l S t Jud son AveAshland AveDarrow AveMcCorm ick Blvd Mad ison S t Monroe S t Elm wood Ave Ke e n e y S t Callan AveS o u t h B l v d Howard S t S e w a r d S tDarrow AveCrain S t Ly o n s S t S e w a r d S t Austin S t Cleveland St Arnold Pl W a s h i n g t o n S t W a r r e n S t S outh BlvdDe we y Ave Dobson S t Cle v e l a n d S t S e w a r d S t Ashland Ave Mulford S t Harvard Te r Brad l e y P l Gre e n l e a f S t S he rm an AveCroft LnW e sle y AveAshlandAveW e sle y Ave Crain S t W e sle yAveDe we y AveDe we y Ave The l i n C t Hinm an Ave Ke d z ie S t Mulford S tPitne r Ave Le e S t Gre y AveGre y AveGre y AveCallan AveS e ward S t Barton AveCrain S t DavisS t Mad i s o n P l Garne t t P l OakAveClark S t Hull Te r Case P l Le e S t Brum m e l S t Ke e ne y S t Grove S t Davis S t Gre e n l e a f S t Nathanie l P l W e sle y AveAshland Ave S e ward S tFosterSt Brown AveElinorPl Re ba PlDarrowAveW e sle yAveBrownAveGre y AveJacksonAveS he rm anPl Case S tBrown AveGre y AveBrown AveMichigan AveCly d e AveBrown AveRidgeCtDe we y AveOak AveLaure l Ave Mulford StMcCorm ick BlvdHartre y AveHinm an AveHinmanAveRid ge AveRid ge AveMaple AveMaple AveMcDanie l AveElm wood AveHartre y AveS he rm an AveS he rm an AveFowle r AveDod ge AveFlore nce AveChicago AveChi cagoAveJudsonAveJudsonAveFore st AveLe m ar AveCuste r AveMcDanie l AveHartre y AveAsbury AveOak AveS he rm an AveW e sle y AveDe we y AveCal lan AveBarton AveFore st AveMichigan AveFlore nce AveAshland AveFlore nce AveS aintMarksCtLake S hore BlvdAshland AveW e sle y AveLe land AveFlore nce Ave East R a i l r o a d A v e Darrow AveFore stPlDe we yAveDarrow AveGre y Ave ArtsCircle Dr Hovland CtDarrow AvePitne r AlyGre y Ave Tax Parce l The ore tical Are as (350') W ate r City Bound ary 0 0.5 10.25 Mile City GIS Map showing the ore tical are as which a fire arm s range could locate only if: • e xisting location was vacant and not occupie d by anothe r busine ss/use ; and • City Council approve d range as a spe cial use 3/30/2015 This m ap is provid e d "as is" without warrantie s of any kind . S e e www.city ofe vanston.org/m apd isclaim e rs.htm l for m ore inform ation. Fire arm sRange The ore ticalAre asZoom .m xd ´ 308 of 312 DRAFT Page 1 of 4 Plan Commission Minutes 05/13/2015 MEETING MINUTES PLAN COMMISSION Wednesday, May 13, 2015 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Jim Ford (Chair), Colby Lewis, Carol Goddard, Simon Belisle, Peter Isaac Members Absent: Kwesi Steele, Terri Dubin, Andrew Pigozzi Associate Members Present: none Associate Members Absent: Seth Freeman, David Galloway, Scott Peters, Lenny Asaro, Stuart Opdycke Staff Present: Damir Latinovic, Interim Planning and Zoning Administrator Mario Treto, Assistant City Attorney Presiding Member: Jim Ford, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Ford called the meeting to order at 7:00 P.M. 2. APPROVAL OF MEETING MINUTES: April 8, 2015 Chairman Ford noted that the amendments to the Rules committee that were adopted by unanimous roll call should be reflected on Page 4 of the meeting minutes. He also referenced minor edits that he provided to staff in advance. Commissioner Goddard made a motion to approve the minutes from April 8, 2015 with the revisions. Commissioner Lewis seconded the motion. A voice vote was taken and the minutes were approved unanimously with two members abstaining. 3. NEW BUSINESS Chairman Ford explained the general meeting procedure, schedule, agenda items, time limits on public testimony and opportunities for cross examination of witnesses. Chairman Ford concluded by saying that the Plan Commission forwards a recommendation to the City Council which makes the final determination on any matters discussed by the Plan Commission. 309 of 312 DRAFT Page 2 of 4 Plan Commission Minutes 05/13/2015 A. ZONING ORDINANCE TEXT AMENDMENT 15PLND-0027 Firearm Ranges A Zoning Ordinance Text Amendment to City Code Title 6, Zoning, to establish a zoning land use definition and land use regulations for Firearm Ranges. Mr. Latinovic presented the staff report. He explained that this proposal is a follow-up to Ordinance 6-O-15 which was adopted by City Council in March 2015 to allow for changes and modifications to different sections of the City Code to reflect the changes in weapons regulations. Essentially, staff proposes a new definition for Firearm Range and a distance separation of 350 feet from the R1, R2, or R3 Residential districts, schools, and parks. Staff believes that the proposal satisfies the Standards of Approval and embodies the goals of the Comprehensive Plan. Commissioner Isaac inquired as to what parking requirements would be for Firearm Ranges. Mr. Latinovic stated those would be investigated on a case by case basis during special use approval process. Staff is not proposing a required number of parking spaces. Typically staff would identify a similar use and apply those requirements to the Firearm Range. Chairman Ford asked for clarification that the Standards for review of Special Uses address traffic, but not parking. Mr. Latinovic explained that if spillover parking were to become a negative impact, then a proposal would not meet the standards and could be regulated from that standpoint. Commissioner Goddard asked what the justification was for a 350 foot distance separation. Mr. Latinovic explained that City Council found that a separation less than 350 feet would allow for too many eligible properties, while a larger distance separation, such as 500 foot separation would be too restrictive and essentially ban the use. Commissioner Lewis asked for clarification that the 350 foot separation was introduced in Ordinance 6-O-15, which Mr. Latinovic confirmed. Mr. Latinovic noted that any parcel that was not completely covered by pink in the maps provided to the Commission would not be an eligible property for a Firearm Range. He also noted that no Firearm Ranges were being proposed currently. Jessica Feldman, Evanston resident, stated that she does not understand why we need to allow Firearm Ranges in the community. Mr. Treto answered that being that restrictive would essentially ban the use and could be unconstitutional. Based on case law, Evanston needs to have the ability to allow Firearm Ranges. Commissioner Lewis noted that the City should not have to facilitate Firearm Ranges. Mr. Latinovic stated that not allowing in any way them could result in lawsuits while this way at least the City has some control as to where a Firearm Range could locate. Chairman Ford stated that even if the Commission were to reject the proposal, the Weapons Ordinance that makes Firearm Ranges permissible will still stand. 310 of 312 DRAFT Page 3 of 4 Plan Commission Minutes 05/13/2015 Commissioner Isaac noted that if the City had not taken steps to regulate Firearm Ranges, applicants could take the City to court and be awarded the opportunity to establish a Firearm Range in a less than ideal location. This proposal at least gives the City some control. Commissioner Belisle stated that 500 feet is too restrictive and noted that the City cannot use zoning to ban a use. Mr. Latinovic added that Firearm Ranges are not currently in the Zoning Ordinance, but they are referenced in the Weapons Code. This proposal is meant to rectify the discrepancies between the two ordinances. All of the regulatory terms regarding the firearm ranges have already been adopted in the Weapons Code. Commissioner Belisle asked if there were any other ways to regulate Firearm Ranges, to which Mr. Latinovic answered that if the Weapons Cod were not adopted, the City could discuss if the use should be allowed as permitted or special use and in which districts and if any distance separation should be applied, etc. Commissioner Lewis asked how noise would be regulated, to which Mr. Latinovic stated that sound abatement would is addressed within the Building Code. Mr. Belisle noted a grammatical error in Ordinance 51-O-15 and inquired whether that could be fixed, to which Mr. Latinovic answered, yes. Commissioner Belisle made a motion to recommend approval of the text amendment. Commissioner Goddard seconded the motion. A voice call vote was taken and the motion was approved 4-1, with Chairman Lewis dissenting. 4. OTHER BUSINESS Commissioner Ford has asked staff to revise Article 13 of the Administrative Rules and Procedures and will introduce those amendments for adoption at a Plan Commission meeting in the near future. 5. PUBLIC COMMENT No public comment was received. 6. ADJOURNMENT There being no further discussion, Commissioner Lewis made a motion to adjourn the meeting. Commissioner Goddard seconded the motion. A voice vote was taken and the motion was approved by voice call 5-0. The meeting was adjourned at 7:40 pm. Respectfully Submitted, 311 of 312 DRAFT Page 4 of 4 Plan Commission Minutes 05/13/2015 Damir Latinovic Interim Planning and Zoning Administrator Community Development Department 312 of 312