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CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, September 21, 2015 Administration & Public Works Committee meets at 6 p.m. (Planning & Development Committee will not meet.) City Council meeting will convene at 7 p.m. ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Rainey (II) Dedication of the James C. Lytle City Council Chambers (Reception immediately following the dedication ceremony.) (III) Mayor Public Announcements and Proclamations Recognition of Mayor’s Summer Youth Employment Program Bike and Walk to School Day, October 7, 2015 (IV) City Manager Public Announcements Bike the Ridge, Sunday, September 27 Evanston Public Library First Annual Storytelling Festival Recognition of Luke Stowe, Digital Services Coordinator (V) Communications: City Clerk (VI) 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. (VII) Consent Agenda: Alderman Rainey 1 of 346 City Council Agenda September 21, 2015 Page 2 of 6 (VIII) Report of the Standing Committees Administration & Public Works - Alderman Rainey Planning & Development - Alderman Holmes (IX) Special Orders of Business (X) 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)} (XI) Executive Session (XII) Adjournment CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of September 15, 2015 For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) Approval of Single Source Purchase of Genetec License Plate Recognition System from Federal Signal Corporation Staff recommends City Council approval of the single source purchase of a Genetec License Plate Recognition (LPR) system from Federal Signal Corporation (2625 Federal Signal Drive, University Park, IL) in the amount of $50,500. Funding is provided by the Parking Fund, Account 505.19.7005.65515. For Action (A2) Approval of Contract with ESI Consultants, Ltd. For the Howard Street Traffic Signal & Intersection Improvement Project (RFP 15-51) Staff recommends that City Council authorize the City Manager to execute a contract with ESI Consultants, Ltd., (1979 N. Mill Street, Suite 100, Naperville, IL) in the amount of $59,500 to provide engineering services for a traffic signal and intersection improvement project on Howard Street. Funding is provided by the Howard/Hartrey TIF Fund, Account 310.99.5500.65515/415430. For Action 2 of 346 City Council Agenda September 21, 2015 Page 3 of 6 (A3) Approval of Design and Architecture Services for the Proposed Howard Street Theatre Staff recommends City Council direct the City Manager to seek bids for design and architectural services to develop conceptual and bid-level drawings for the Howard Street Theatre to be located at 717-723 Howard Street. Staff further recommends that City Council authorize the City Manager to spend up $40,000 for these services, provided by the lowest responsive and responsible bidder. Funding is provided by the Howard/Ridge TIF District Account 330.99.5860.56010. For Action (A4) Resolution 85-R-15,Utilities Easement Agreement with the Northwestern University for Emerson Street Staff recommends that the City Council adopt Resolution 85-R-15 granting a utility easement to Northwestern University to cross the east-west alley located north of Colfax Street and east of Orrington Avenue to accommodate an electrical duct. The easement will be granted for a 50-year period. Northwestern University will fund the project and will be assessed a utility easement fee of $5,500 which equals $100 annually plus a 10% administration fee for the duration of easement. For Action (A5) Resolution 96-R-15, Contract Extension with Groot Industries for Solid Waste Collection Staff recommends City Council adoption of Resolution 96-R-15 authorizing the City Manager to execute contract amendments to waste services agreements with Groot Industries (2500 Landmeier Road, Elk Grove Village, IL) and to renew these agreements. All agreements include a decrease in monthly cost for the first year. For Action (A6) Ordinance 124-O-15 Authorizing 2015 A and B General Obligation Bond Issue Staff recommends adoption of Ordinance 124-O-15 providing for the issuance of the FY 2015 A and B bond issues as follows: 2015 A General Obligation Bond not-to-exceed $14,000,000; and 2015 B General Obligation Refunding Bond not- to-exceed $11,475,000. The ordinance will be completed and signed after the bond sale date, which is tentatively scheduled for October 15, 2015. For Introduction 3 of 346 City Council Agenda September 21, 2015 Page 4 of 6 (A7) Ordinance 110-O-15 Amending Title 10, Schedule XVII of the Evanston City Code to Increase Parking Violation Penalties Staff recommends that City Council adopt Ordinance 110-O-15, amending Title 10, Schedule XVII, of the Evanston City Code, “Parking Violation Penalties”, Section 10-11-17. The amendment will increase the penalty for various parking fines. This ordinance was introduced at the August 31, 2015 City Council meeting, and referred back to the Administration and Public Works Committee for the September 15, 2015 meeting. For Action (A8) Ordinance 107-O-15, Limited Parking on Lincoln Street The Transportation and Parking Committee and staff recommend that City Council adopt Ordinance 107-O-15 establishing limited parking, no longer than four (4) hours between the hours of 9:00 A.M. and 6:00 P.M. Monday through Friday, on Lincoln Street (north side, Ridge Avenue west to Sanitary District Canal). This ordinance was introduced at the September 15, 2015 City Council meeting. For Action (A9) Ordinance 108-O-15, Parking Meter Zone at Chandler-Newberger Parking Lot 21. The Transportation and Parking Committee and staff recommend that City Council adopt Ordinance 108-O-15 adding twelve (12) meters at Parking Lot #21, 1028 Central Street – Chandler-Newberger Center. The maximum limit for these meters shall be fifteen (15) hours per day between the hours of 9:00 A.M. to 6:00 P.M. at a rate of $0.25 per hour. This ordinance was introduced at the September 15, 2015 City Council meeting. For Action (A10) Ordinance 116-O-15, Implementing a Reorganization and Consolidation of the Executive Departments in the City of Evanston Staff recommends City Council adoption of Ordinance 116-O-15 to amend Title 1, Chapter 9 of the Evanston City Code of 2012 as a legislative enactment implementing organizational realignment and consolidation of the City’s Executive Departments to ensure a stable City Budget, and that community standards for City services and livability are met. This ordinance was introduced at the September 15, 2015 City Council meeting. For Action 4 of 346 City Council Agenda September 21, 2015 Page 5 of 6 PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 117-O-15, Granting a Special Use for a Financial Institution, First Bank & Trust, at 520 Main Street The Zoning Board of Appeals and staff recommend City Council adoption of Ordinance 117-O-15 granting special use approval for a ground floor Financial Institution, First Bank & Trust, in the C1a Commercial Mixed Use District and the oDM Dempster-Main Overlay District. Based on the September 15, 2015 Planning & Development and City Council meetings, the Ordinance has been updated for the hours of operation to exclude Sundays since the proposed Financial Institution will be closed on Sundays, and for all employees to park off- site at 935 Chicago Avenue as required by the approved Chicago & Main Planned Development. This ordinance was introduced at the September 15, 2015 City Council meeting. For Action (P2) Ordinance 119-O-15 Granting Zoning Relief for a 70’ Building Height for a Concrete Plant Enclosure for Ozinga RMC, 2525 Oakton Street The Zoning Board of Appeals and staff recommend City Council adoption of Ordinance 119-O-15 granting zoning relief to construct a 70’ high concrete plant enclosure where a maximum height of 60’ is allowed in the I3 General Industrial District for Ozinga RMC at 2525 Oakton Street. The ZBA found the proposal meets all standards for variations. The application complies with all other zoning requirements. This ordinance was introduced at the September 15, 2015 City Council meeting. For Action (P3) Ordinance 109-O-15, Amending Firearm Range Licensing Requirements Staff recommends City Council adoption of Ordinance 109-O-15 to amend licensing regulations applicable to Firearm Ranges within Title 3 of the City Code to add application requirements, license conditions, insurance requirements, and right of inspection. This ordinance was introduced at the September 15, 2015 City Council meeting. For Action SPECIAL ORDERS OF BUSINESS (SP1) Recommendations to Determine Next Steps for the Harley Clarke Property Staff recommends that City Council: 1) direct the City Manager to prepare a draft Request for Proposals (RFP) in accordance with further direction on the future utilization of the Harley Clarke property; 2) return to the City Council with this draft RFP on October 19, 2015 for further discussion; and 3) set a date(s) for the open house prior to the return to City Council. For Discussion 5 of 346 City Council Agenda September 21, 2015 Page 6 of 6 (SP2) Emerson/Ridge/Green Bay Project Street Lights Update Staff will provide an update on the street lights for the Emerson/Ridge/Green Bay Improvement Project. As part of the project the existing street lights need to be relocated because of the sidewalk widening and intersection reconfiguration. For Discussion MEETINGS SCHEDULED THROUGH SEPTEMBER 2015 Upcoming Aldermanic Committee Meetings Thurs, Sept 24 5:30 pm Emergency Telephone Board Thurs, Sept 24 7 pm Housing & Community Dev Act Committee Fri, Sept 25 7 am Housing & Homelessness Commission Tues, Sept 29 7 pm Housing & Community Dev Act Committee Information is available about Evanston City Council meetings at: www.cityofevanston.org/citycouncil. Questions can be directed to the City Manager’s Office at 847-866-2936. The City is committed to ensuring accessibility for all citizens. If an accommodation is needed to participate in this meeting, please contact the City Manager’s Office 48 hours in advance so that arrangements can be made for the accommodation if possible. 6 of 346 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Tuesday, September 15, 2015 Roll Call: Alderman Grover Alderman Wynne Alderman Rainey Alderman Wilson Alderman Braithwaite Alderman Holmes Alderman Tendam Absent: Mayor Tisdahl, Alderman Fiske, Alderman Miller Mayor Pro Tem: Mayor Alderman Grover Mayor Public Announcements and Proclamations Mayor Pro Tem Grover announced this month is designated as the “Hispanic Heritage Month”. After a photo was taken of the board members, the Executive Director of Latino Resources thanked all who have been supportive of the organization. City Manager Public Announcements Mr. Lyons, Acting City Manager announced the “United Way Evanston Day of Caring”, will be September 19, 2015. Communications: City Clerk The Clerk had no communications. Public Comment Junad Rizki had concern of how the city makes deals to sell property as it relates to Ordinance A14. He felt the Council is not following correct procedures when dealing with property sales. Denise Stoneback spoke on the possible gun range and the safety plan the Council has put into that possibility. She then wanted to add the following to the ordinance: (1) Inventory, (2) Mental Health training. Jerry Specht wanted to thank the Council for the proactive actions for the gun range, and he agreed with the additional points made by Ms. Stoneback. Kathy Johnson agrees with the previous speakers, and she is proud of the Council for addressing the gun range issue. Items not approved on Consent Agenda: (A14)Ordinance 114-O-15, Authorizing the City Manager to Execute Sales 7 of 346 City Council Agenda September 15, 2015 Page 2 of 8 Contract with NRG Acquisitions, LLC for the Sale of City-Owned Real Property Located at 1821 Ridge Avenue Staff recommends that City Council adopt Ordinance 114-O-15, “Authorizing the City Manager to Enter into a Real Estate Contract for the Sale of the Certain City-Owned Real Property at 1821 Ridge Avenue to NRG Acquisitions, LLC ” for the amount of $230,000. A two-thirds majority of City Council is required to adopt Ordinance 114-O- 15. For Introduction (P2) Ordinance 118-O-15, Granting a Special Use for a Type 2 Restaurant, Maxwell Style Grill, at 999 Howard Street The Zoning Board of Appeals and staff recommend City Council adoption of Ordinance 118-O-15 granting a special use permit for a Type 2 Restaurant, Maxwell Style Grill, in the C1 Commercial District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. For Introduction CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of August 17, 2015 For Action (M2) Approval of Minutes of the Regular City Council Meeting of August 31, 2015 For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through August 9, 2015 $2,916,529.11 City of Evanston Payroll through August 23, 2015 $2,939,724.14 (A2) FY2015 City of Evanston Bills – September 16, 2015 $6,378,586.48 Credit Card Activity – Period Ending July 31, 2015 $ 230,027.21 For Action (A3.1)Approval of Contract Extension with Third Millennium Associates, Inc. for the 2016 Wheel Tax Print, Mail and Fulfillment Services City staff recommends that the City Council authorize the City Manager to execute a contract extension for print, mail and fulfillment services with Third Millennium Associates, Inc. (4200 Cantera Drive, Suite 105, Warrenville, IL) effective September 1, 2015 – August 31, 2016. The estimated annual cost for production is $26,500 and processing is estimated at $35,400. Funding is provided by Revenue Account 100.19.1910.52010 and Expense Account 100.19.1910.65045. For Action (A3.2)Approval of Contract with Schroeder & Schroeder Inc. for Paving of the Alley North of Greenwood Street, East of Maple Avenue (Bid 15-56) 8 of 346 City Council Agenda September 15, 2015 Page 3 of 8 Staff recommends that City Council authorize the City Manager to execute a contract for the 2015 CDBG Sidewalk Replacement Project with Schroeder & Schroeder Inc. (7306 Central Park Avenue, Skokie, IL) in the amount of $157,772.50. Funding is provided by CDBG Funds (Account 215.21.5170.62480). For Action (A4.1)Approval of Change Order No. 1 for the 2015 CIP 3 Street Resurfacing Project to Pave Fire Station #2 Parking Lot (Bid 15-44) Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 to the contract for the 2015 CIP 3 Street Resurfacing Project with J.A. Johnson Paving Inc. (1025 Addison Court, Arlington Heights, IL) in the amount of $47,447.45 for Fire Station #2 parking lot paving. Funding is provided by the CIP Street Resurfacing Account 415.26.4150.65515/415855. For Action (A4.2)Approval of Change Order No. 2 for 2014 Manhole Lining (Bid 14-57) Staff recommends the City Council authorize the City Manager to execute Change Order No. 2 for the 2014 Manhole Lining contract with National Power Rodding Corporation (2500 W. Arthington Street, Chicago, IL). This change order will increase the contract amount by $23,930.50, from $133,600.00 to $157,530.50. Funding is provided by the Sewer Fund (Account 515.71.7400.62461). For Action (A5)Resolution 73-R-15, Intergovernmental Agreement with Evanston/Skokie School District 65 for Video Communication Specialist Staff recommends City Council adopt Resolution 73-R-15, “Authorizing the City Manager to Execute an Intergovernmental Agreement with the Evanston/Skokie School District No. 65 to Cost Share for a Video Telecommunications Specialist to Broadcast Meetings for Both Public Bodies.” This intergovernmental agreement outlines compensation to the City in the amount of $25,000 per year for services provided by the City’s Video Communication Specialist to District 65. It also provides a framework for duties undertaken by this employee to support broadcasting of the District 65 Board meetings. For Action (A6)Resolution 77-R-15, Easement Agreement with the Metropolitan Water Reclamation District of Greater Chicago Staff recommends that City Council adopt Resolution 77-R-15 authorizing the City Manager to execute an easement agreement with the Metropolitan Water Reclamation District of Greater Chicago. This easement allows the City to maintain and repair three existing storm sewers adjacent to the North Shore Channel. For Action (A7)Resolution 78-R-15: Easement Agreement with the Metropolitan Water Reclamation District of Greater Chicago Staff recommends that City Council adopt Resolution 78-R-15 authorizing the City Manager to execute an easement agreement with the Metropolitan Water Reclamation District of Greater Chicago. This easement allows the City to maintain and repair four 9 of 346 City Council Agenda September 15, 2015 Page 4 of 8 existing storm sewers at two locations. For Action (A8)Resolution 71-R-15 Authorizing a Lease Agreement with North ShoreSenior Center for Office Space at the Civic Center Staff recommends City Council adoption of Resolution 71-R-15 authorizing the City Manager to negotiate the lease of office space with North Shore Senior Center at the rate of $577 per month for 12 months for 577 square feet of space on the ground floor of the Civic Center (Suite G204 & G205). For Action (A9)Resolution 93-R-15 Authorizing a Lease Agreement with Housing Options for Office Space at the Civic Center Staff recommends City Council adoption of Resolution 93-R-15 authorizing the City Manager to negotiate the lease of office space with Housing Options for 12 months for 2,940 square feet of space on the ground floor of the Civic Center (Suite G310 to G361) at the rate of $2,940 per month. For Action (A10)Resolution 86-R-15, Authorizing Extension of a Sublease Agreement with SEG Café for Property at the Metra Station, 1826 Central Street Staff recommends City Council adoption of Resolution 86-R-15 which authorizes a ten month extension of the current sublease agreement between SEG Café, LLC and The City of Evanston. This sublease is for property leased to the City by the Union Pacific Railroad at 1826 Central Street. For Action (A11)Resolution 95-R-15 Supporting the Voter Empowerment Act of 2015 and the Voting Rights Amendment Act of 2015 The Mayor and staff recommend that City Council adopt Resolution 95-R-15 supporting the passage of the Voter Empowerment Act of 2015 and the Voting Rights Amendment Act of 2015 by the U.S. Congress. For Action (A12)Ordinance 107-O-15, Limited Parking on Lincoln Street The Transportation and Parking Committee and staff recommend that City Council adopt Ordinance 107-O-15 establishing limited parking, no longer than four (4) hours between the hours of 9:00 A.M. and 6:00 P.M. Monday through Friday, on Lincoln Street (north side, Ridge Avenue west to Sanitary District Canal). For Introduction (A13)Ordinance 108-O-15, Parking Meter Zone at Chandler-Newberger Parking Lot 21. The Transportation and Parking Committee and staff recommend that City Council adopt Ordinance 108-O-15 adding twelve (12) meters at Parking Lot #21, 1028 Central Street – Chandler-Newberger Center. The maximum limit for these meters shall be fifteen (15) hours per day between the hours of 9:00 A.M. to 6:00 P.M. at a rate of $0.25 per hour. For Introduction 10 of 346 City Council Agenda September 15, 2015 Page 5 of 8 (A15)Ordinance 116-O-15, Implementing a Reorganization and Consolidation of the Executive Departments in the City of Evanston Staff recommends City Council adoption of Ordinance 116-O-15 to amend Title 1, Chapter 9 of the Evanston City Code of 2012 as a legislative enactment implementing organizational realignment and consolidation of the City’s Executive Departments to ensure a stable City Budget, and that community standards for City services and livability are met. For Introduction (A16)Ordinance 111-O-15 Amending Section 9-2-3 (B) of the Evanston City Code to Increase Fire Department Ambulance Transport Fee Staff recommends that City Council adopt Ordinance 111-O-15 amending Section 9-2-3 of the Evanston City Code. The amendment will increase ambulance transport fees. This ordinance was introduced at the August 31, 2015 City Council meeting, and referred back to the Administration and Public Works Committee. For Action (A17)Ordinance 110-O-15 Amending Title 10, Schedule XVII of the Evanston City Code to Increase Parking Violation Penalties Staff recommends that City Council adopt Ordinance 110-O-15, amending Title 10, Schedule XVII, of the Evanston City Code, “Parking Violation Penalties”, Section 10-11- 17. The amendment will increase the penalty for various parking fines. This ordinance was introduced at the August 31, 2015 City Council meeting, and referred back to the Administration and Public Works Committee. For Action This was taken off and will be dealt with on September 21, 2015 PLANNING & DEVELOPMENT COMMITTEE (P1)Ordinance 117-O-15, granting a Special Use for a Financial Institution, First Bank & Trust, at 520 Main Street The Zoning Board of Appeals and staff For Introduction (P3)Ordinance 119-O-15 Granting Zoning Relief for a 70’ Building Height for a Concrete Plant Enclosure for Ozinga RMC, 2525 Oakton Street The Zoning Board of Appeals and staff recommend City Council adoption of Ordinance 119-O-15 granting zoning relief to construct a 70’ high concrete plant enclosure where a maximum height of 60’ is allowed in the I3 General Industrial District for Ozinga RMC at 2525 Oakton Street. The ZBA found the proposal meets all standards for variations. The application complies with all other zoning requirements. For Introduction (P4)Ordinance 109-O-15, Amending Firearm Range Licensing Requirements 11 of 346 City Council Agenda September 15, 2015 Page 6 of 8 Staff recommends City Council adoption of Ordinance 109-O-15 to amend licensing regulations applicable to Firearm Ranges within Title 3 of the City Code to add application requirements, license conditions, insurance requirements, and right of inspection. For Introduction (P5)Ordinance 105-O-15, Granting a Special Use for a Daycare Center - Child, Little Green Tree House, at 2812-2814 Central Street Staff recommends City Council adoption of Ordinance 105-O-15 granting special use approval for a Daycare Center - Child, Little Green Tree House at 2812-2814 Central Street in the B1a Business District and Central Street Overlay District. The Zoning Board of Appeals recommended denial of the requested special use, due to the lack of parking available for the proposed use. Following the ZBA hearing, the applicant identified additional parking alternatives for the employees and daily needs of the daycare. This ordinance was introduced at the August 17, 2015 City Council meeting. For Action Alderman Rainey motioned to approve the Consent Agenda. It was seconded by Alderman (P6)Ordinance 112-O-15, Granting Zoning Relief for the Number of Dwelling Units, Number of Parking Spaces, and Parking Lot Aisle Width at 609 South Staff recommends adoption of Ordinance 112-O-15 granting zoning relief to establish 16 dwelling units where a maximum of 12 dwelling units are permitted, 16 parking spaces where 27 parking spaces are required, and a 10’ two-way drive aisle with a 46’ double module width where 24’ two-way drive aisle with a 60’ double module width are required by Code. The proposal did not receive a positive nor negative recommendation from the ZBA. This ordinance was introduced at the August 17, 2015 City Council meeting. For Action HUMAN SERVICES COMMITTEE (H1)Approval of the 2015 Emergency Solutions Grant Recommendation The Human Services Committee, Housing & Homelessness Commission and staff recommend approval of the 2015 Emergency Solutions Grant (ESG) allocations totaling $144,818: $133,957 to two social services agencies that provide housing and services for individuals and families who are homeless or at risk of homelessness, and $10,861 to the City of Evanston for grant administration. Funding is provided by the City’s 2015 Emergency Solutions Grant entitlement allocation from the U.S. Department of Housing & Urban Development (Account 100.10060.004.2128.55275). For Action (H2)Resolution 89-R-15, Lease Agreement for the Noyes Street Theater (“Theater”) at the Noyes Cultural Arts Center (“NCAC”) with Mudlark Theater Company The Human Services Committee and staff recommend City Council adoption of Resolution 89-R-15 authorizing the City Manager to enter into a new agreement for an 12 of 346 City Council Agenda September 15, 2015 Page 7 of 8 eight (8) month lease term for the Noyes Street Theater (“Theater”) at the Noyes Cultural Arts Center (“NCAC”) with Mudlark Theater Company. For Action ECONOMIC DEVELOPMENT COMMITTEE (O1)Approval of Storefront Modernization Program Application for 1900 Greenwood St. The Economic Development Committee and staff recommend approval for financial assistance through the Storefront Modernization Program to Spatz & Associates, owner of 1900 Greenwood Street in an amount not to exceed $39,200. The scope of the proposed exterior improvements to the building includes the construction of additional windows and doors and the installation of awnings, lighting, decorative metalwork, and ADA access. For Action Alderman Rainey motioned for approval and Alderman Wynne seconded. With a Roll Call vote of 7-0 Consent Agenda was approved. Items for discussion: (A14)Ordinance 114-O-15, Authorizing the City Manager to Execute Sales Contract with NRG Acquisitions, LLC for the Sale of City-Owned Real Property Located at 1821 Ridge Avenue Staff recommends that City Council adopt Ordinance 114-O-15, “Authorizing the City Manager to Enter into a Real Estate Contract for the Sale of the Certain City-Owned Real Property at 1821 Ridge Avenue to NRG Acquisitions, LLC ” for the amount of $230,000. A two-thirds majority of City Council is required to adopt Ordinance 114-O- 15. For Introduction Alderman Rainey asked for approval and seconded by Alderman Tendam. Roll Call 7-0 (P2) Ordinance 118-O-15, Granting a Special Use for a Type 2 Restaurant, Maxwell Style Grill, at 999 Howard Street The Zoning Board of Appeals and staff recommend City Council adoption of Ordinance 118-O-15 granting a special use permit for a Type 2 Restaurant, Maxwell Style Grill, in the C1 Commercial District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. For Introduction Alderman Holmes asked for approval and it was seconded by Alderman Rainey. Roll Call 7-0. Call of the Wards: Ward 8, Alderman Rainey announced the Bike the Ridge on Sunday, September 27, 2015, 9am - 1pm. Ward 2, Alderman Braithwaite spoke of the recent shooting and he extends his 13 of 346 City Council Agenda September 15, 2015 Page 8 of 8 Condolences to the Cox family for the death of their family member. He also offered his service and participation with Alderman Holmes to assist in their efforts to set up a discussion for answers and questions for the youth. Ward 3, Alderman Wynne wanted to thank Ms. Stoneback and her committee for giving excellent advice for the gun range. Ward 4, Alderman Wilson thanked all who participated in the Streets Alive over the weekend. Ward 5, Alderman Holmes reminded all of the 5th ward meeting this Thursday at Fleetwood/Jourdaine. Mr. Lyons will be in attendance to discuss the budget and the reorganization of the city, as well as the Police representatives. She too send condolences to the Cox family. Ward 6, Alderman Tendam wished a Happy New Year to the Jewish community. Ward 7, Alderman Grover stated her next meeting will be held on Thursday at the Evanston Art Center. Doors will open at 6:30 pm and the meeting starting at 7 pm, and refreshments will be available. Alderman Wilson motioned to convene to Executive Session and it was seconded. The meeting ended with a voice vote at 8:15 pm. Submitted by, City Clerk, Rodney Greene, MMC 14 of 346 Page 1; Rev. 9/18/2015 4:15:54 PM ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, September 21, 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. ITEMS FOR CONSIDERATION (A1) Approval of Single Source Purchase of Genetec License Plate Recognition System from Federal Signal Corporation Staff recommends City Council approval of the single source purchase of a Genetec License Plate Recognition (LPR) system from Federal Signal Corporation (2625 Federal Signal Drive, University Park, IL) in the amount of $50,500. Funding is provided by the Parking Fund, Account 505.19.7005.65515. For Action (A2) Approval of Contract with ESI Consultants, Ltd. For the Howard Street Traffic Signal & Intersection Improvement Project (RFP 15-51) Staff recommends that City Council authorize the City Manager to execute a contract with ESI Consultants, Ltd., (1979 N. Mill Street, Suite 100, Naperville, IL) in the amount of $59,500 to provide engineering services for a traffic signal and intersection improvement project on Howard Street. Funding is provided by the Howard/Hartrey TIF Fund, Account 310.99.5500.65515/415430. For Action (A3) Approval of Design and Architecture Services for the Proposed Howard Street Theatre Staff recommends City Council direct the City Manager to seek bids for design and architectural services to develop conceptual and bid-level drawings for the Howard Street Theatre to be located at 717-723 Howard Street. Staff further recommends that City Council authorize the City Manager to spend up $40,000 for these services, provided by the lowest responsive and responsible bidder. Funding is provided by the Howard/Ridge TIF District Account 330.99.5860.56010. For Action 15 of 346 Page 2; Rev. 9/18/2015 4:15:54 PM (A4) Resolution 85-R-15,Utilities Easement Agreement with the Northwestern University for Emerson Street Staff recommends that the City Council adopt Resolution 85-R-15 granting a utility easement to Northwestern University to cross the east-west alley located north of Colfax Street and east of Orrington Avenue to accommodate an electrical duct. The easement will be granted for a 50-year period. Northwestern University will fund the project and will be assessed a utility easement fee of $5,500 which equals $100 annually plus a 10% administration fee for the duration of easement. For Action (A5) Resolution 96-R-15, Contract Extension with Groot Industries for Solid Waste Collection Staff recommends City Council adoption of Resolution 96-R-15 authorizing the City Manager to execute contract amendments to waste services agreements with Groot Industries (2500 Landmeier Road, Elk Grove Village, IL) and to renew these agreements. All agreements include a decrease in monthly cost for the first year. For Action (A6) Ordinance 124-O-15 Authorizing 2015 A and B General Obligation Bond Issue Staff recommends adoption of Ordinance 124-O-15 providing for the issuance of the FY 2015 A and B bond issues as follows: 2015 A General Obligation Bond not-to-exceed $14,000,000; and 2015 B General Obligation Refunding Bond not- to-exceed $11,475,000. The ordinance will be completed and signed after the bond sale date, which is tentatively scheduled for October 15, 2015. For Introduction III. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 16 of 346 For City Council Meeting of September 21, 2015 Item A1 Business of the City by Motion: Purchase of License Plate Recognition System For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Erika Storlie, Interim Director of Administrative Services Rickey A. Voss, Revenue/Parking Manager Subject: Approval of the Single Source Purchase of a Genetec License Plate Recognition System Date: August 31, 2015 Recommended Action: Staff recommends City Council approval of the single source purchase of a Genetec License Plate Recognition (LPR) system from Federal Signal Corporation, 2625 Federal Signal Drive, University Park, IL 60484 in the amount of $50,500. Funding Source: Parking Fund BU 505.19.7005.65515 Summary: In order to continue improving efficiencies in parking enforcement and to begin consideration of including additional functions (residential and parking lot permits), it is recommended that a third Genetec License Plate Recognition (LPR) be added. The system will be installed on a recently purchased Ford Escape. The proposed system will be programmed as currently designed for parking enforcement. The purchase price includes a laptop and installation. This is a single source purchase in order to secure equipment that with work with the City’s existing system and software. In 2012, Parking Enforcement purchased two (2) Genetec License Plate Recognition (LPR) systems that have been extremely beneficial in the identification of boot eligible vehicles, two (2) hour parking and city wheel tax enforcement. The system has proven to be reliable and back-end support has been excellent when needed. The attached invoice includes extended warranties; however staff recommends not purchasing the extended warranties. ------------------------------------------------------------------------------------------------------------------ Attachment Federal Signal (Genetec) Proposal Memorandum 17 of 346 18 of 346 19 of 346 20 of 346 21 of 346 22 of 346 For City Council Meeting of September 21, 2015 Item A2 Business of the City by Motion: Howard Street Traffic Signals/Intersection Project For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Sat Nagar, P.E., Assistant Director, Engineering & Infrastructure Rajeev Dahal, Senior Project Manager Subject: Traffic Signal & Intersection Improvement Project (RFP 15-51) Howard Street/Target/Jewel Shopping Plaza Driveway Intersections Date: September 16, 2015 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract with ESI Consultants, Ltd., (1979 N. Mill Street, Suite 100, Naperville, IL 60563) in the amount of $59,500.00 to provide engineering services for a traffic signal and intersection improvement project on Howard Street. Funding Source: Funding for this work will be from the Howard Hartrey TIF Fund (310.99.5500.65515/415430) in the amount of $59,500. Summary: Howard Street is an arterial street running east-west with City of Chicago on the south side and City of Evanston on the north side. Both the City of Evanston and City of Chicago have jurisdiction on Howard Street. The Average Daily Traffic is estimated to be 20,000 vehicles per day. The Howard Street corridor is a major arterial street adjacent to commercial and residential areas and has considerable pedestrian traffic. It is a Pace Bus and CTA route. Howard Street/Shopping Plaza’s eastern most driveway intersection has constant flow of traffic with very few gaps. Because of the constant traffic flow, making left turns in and out of the access drive is difficult. Observations show that due to inadequate gaps in the traffic flow there are conflicts between pedestrians trying to cross the street and traffic trying to turn in and out of the drive. The installation of a traffic signal will mitigate the situation. Chicago Department of Transportation (CDOT) conducted a study for this intersection and found that warrants for a traffic signal were met. In addition, the reconfiguration of the west driveway leading to the shopping plaza parking lot needs reevaluation including the Memorandum 23 of 346 modernization of the existing traffic signal. Sidewalks with proper ADA accessibility, pedestrian countdown signals, and high visibility pedestrian crossing markings also need be improved for the safety of pedestrians. The project will be coordinated with CDOT and the owners of the stores at the shopping plaza. The Engineering & Infrastructure Division after consultation with Chicago Department of Transportation (CDOT) requested proposals (RFP 15-51) from experienced firms for the preparation of design and contract documents for the subject project. Seven (7) engineering firms responded to the request and submitted proposals. A selection team consisting of staff representing Engineering & Infrastructure, Economic Development, and Purchasing Divisions reviewed the submitted proposals and selected three firms to be interviewed. The following is the cumulative ratings for each engineering firm. Qualification & Expertise (25%) Price (30%) Proposal Organization & Completeness (25%) M/W/EBE Participation (10%) Willingness to Execute City’s Agreement (10%) Total (100%) ESI Consultants 24 27 24 10 10 95 TranSystems 23 23 23 10 10 89 Ciorba Group 22 24 22 7 10 85 Based on the final score, ESI Consultant was selected as the best candidate to provide engineering services. They have an extensive experience in municipal engineering including traffic engineering and signal upgrade design. They have previous experience working with CDOT and Evanston. The actual construction costs will be paid for out of the Howard Hartrey TIF and a cost share agreement with the City of Chicago will be negotiated once design work is complete. They are satisfying their M/W/EBE goal by having AES Services sub-consultants. The total value of the M/W/EBE subcontracted work is 25.7% of the total contract amount. The M/W/EBE schedule and supporting documentation has been reviewed and approved as indicated in the attached memo. -------------------------------------------------------------------------------------------------------------------- Attachments: 24 of 346 Location Map Engineering Services Agreement with ESI M/W/EBE Memo 25 of 346 Howard St Grey AveBrummel Pl Hartrey AveDobson St Mccormick BlvdBrummel StRichmond AvBrummel-Richmond Howard Street Traffic Signal Project Location Map O 50 Feet City of Evanston Department of Public Works Howard and Shopping Plaza Drives 26 of 346 CITY OF EVANSTON PROFESSIONAL SERVICES AGREEMENT The parties referenced herein desire to enter into an agreement for professional services for Howard Street Traffic Signal & Intersection Improvement Project (“the Project”) THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this ___ day of ________________, 2015, between the City of Evanston, an Illinois municipal corporation with offices located at 2100 Ridge Avenue, Evanston Illinois 60201 (hereinafter referred to as the “City”), and ESI Consultants, Ltd. with offices located at 1979 N. Mill Street, Suite 100, Naperville, IL 60563, (hereinafter referred to as the “Consultant”). Compensation for all basic Services (“the Services”) provided by the Consultant pursuant to the terms of this Agreement shall not exceed $59,500. I. COMMENCEMENT DATE Consultant shall commence the Services on October 12, 2015 or no later than three (3) DAYS AFTER City executes and delivers this Agreement to Consultant. II. COMPLETION DATE Consultant shall complete the Services by March 31, 2016. If this Agreement provides for renewals after an initial term, no renewal shall begin until agreed to in writing by both parties prior to the completion date of this Agreement. III. PAYMENTS 27 of 346 28 of 346 29 of 346 30 of 346 31 of 346 32 of 346 33 of 346 34 of 346 35 of 346 36 of 346 37 of 346 EXHIBIT A – Project Milestones and Deliverables This EXHIBIT A to that certain Consulting Agreement dated ____________________ between the City of Evanston, 2100 Ridge Avenue, Evanston, Illinois, 60201(“City”) and ESI Consultants, Ltd. 1979 N. Mill Street, Suite 100, Naperville, IL 60563 (“Consultant”) sets forth the Commencement and Completion Date, Services, Fees, and Reimbursable Expenses as follows: I. COMMENCEMENT DATE: October 12, 2015 II. COMPLETION DATE: March 31, 2016 III. FEES: $59,500.00 IV. SERVICES/SCOPE OF WORK: As defined in RFP # 15-51(Exhibit B) and Consultants Response to Proposal (Exhibit C) Dated: August 4, 2015 38 of 346 1 Revised 10-14 CITY OF EVANSTON REQUEST FOR PROPOSAL NUMBER: 15-51 for Howard Street Traffic Signal/Intersection Improvement Design Engineering Services Kedzie Avenue/Shopping Center & Sacramento Avenue/Shopping Center July 2, 2015 PROPOSAL DEADLINE: 2:00 P.M., August 4, 2015, Room 4200, Lorraine H. Morton Civic Center 2100 Ridge Avenue Evanston, Illinois 60201 PRE-PROPOSAL MEETING: Non-Mandatory 1:30 P.M., July 20, 2015, Room 2402, Lorraine H. Morton Civic Center 2100 Ridge Avenue Evanston, Illinois 60201 SEALED PROPOSALS TO BE RETURNED TO: CITY OF EVANSTON PURCHASING DIVISION, ROOM 4200 LORRAINE H. MORTON CIVIC CENTER 2100 RIDGE AVENUE EVANSTON, ILLINOIS 60201 PHONE (847)866-2935 * FAX (847)448-8128 Exhibit B 39 of 346 2 Revised 10-14 TABLE OF CONTENTS Notice to Proposers .................................................................................................. 3 1.0 Introduction ..................................................................................................... 4 2.0 Scope of Services ........................................................................................... 5 3.0 Insurance ........................................................................................................ 6 4.0 Submittal Requirements .................................................................................. 6 5.0 Additional Submittal Requirements ................................................................. 7 6.0 M/W/EBE Goals ............................................................................................. 7 7.0 Evaluation Criteria ........................................................................................... 8 8.0 Selection Process ........................................................................................... 8 9.0 Proposed Schedule ......................................................................................... 9 10.0 Questions Regarding RFP .............................................................................. 9 11.0 General Terms and Conditions ....................................................................... 9 Price/Costs Form ...................................................................................................... 14 Exhibit A – Disclosure of Ownership Interests .......................................................... 15 Exhibit B – Additional Information Sheet ................................................................... 18 Exhibit C – Conflict of Interest Form ......................................................................... 19 Exhibit D – Acknowledgement of Understanding ...................................................... 20 Exhibit E – Anti-Collusion Affidavit and Proposer’s Certification ............................... 21 Exhibit F – City of Evanston M/W/EBE Policy ...................................................... 22 Exhibit G – M/W/EBE Participation Compliance Form ......................................... 23 Exhibit H – M/W/EBE Participation Waiver Request ............................................ 24 Exhibit I – Construction Contractors Assistance Organizations ................................ 25 Exhibit J – Professional Services Agreement ............................................................ 26 Exhibit B 40 of 346 3 Revised 10-14 CITY OF EVANSTON NOTICE TO PROPOSERS Sealed proposals will be received by the Purchasing Office in Room 4200, Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston, Illinois 60201, until 2:00 P.M. local time on Tuesday, August 4, 2015. Proposals shall cover the following: Howard Street Traffic Signal/Intersection Improvement Design Engineering Services Kedzie Avenue/Shopping Center & Sacramento Avenue/Shopping Center RFP Number: 15-51 The City of Evanston’s Engineering & Infrastructure Division of the Evanston Public Works Department is seeking proposals from experienced firms for: the preparation of contract documents for Howard Street traffic signal/intersection improvement project at Kedzie Avenue/Shopping Center and Sacramento Avenue/Shopping Center. There will be a non-mandatory pre-proposal meeting on Monday, July 20, 2015, at 1:30 P.M. in Room 2402 of the Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston, Illinois 60201. All firms intending to submit a proposal for this project are encouraged to attend to discuss the proposed work and receive answers to questions related to the project. The above item shall conform to the RFP on file in the Purchasing Office. The document, including all necessary plans and specifications, will be available in the Purchasing Office on July 2, 2015 . Parties interested in submitting a bid should contact the Purchasing Office to receive a copy of the bid or see the City’s website at: www.cityofevanston.org/business/bids-proposals/ or Demandstar at: www.demandstar.com. The City (the City of Evanston) in accordance with the laws of the State of Illinois, hereby notifies all firms that it will affirmatively ensure that the contract(s) entered into pursuant to this notice will be awarded to the successful firm without discrimination on the grounds of race, color, religion, sex, age, sexual orientation marital status, disability, familial status or national origin. The State of Illinois requires under Public Works contracts that the general rate of wages in this locality be paid for each craft or type of worker hereunder. This requirement is in accordance with The Prevailing Wage Act (820 ILCS 130) as amended. The City if Evanston reserves the right to reject any or all submittals or to accept the submittal(s) deemed most advantageous to the City. The Evanston City Council also reserves the right to award the contract to an Evanston firm if that firm’s bid is within 5% of the low bid. Each Proposer shall be required to submit with his/her proposal a Disclosure of Ownership Interest Statement Form in accordance with Section 1-18-1 et seq. of the City Code. Failure to submit such information may result in the disqualification of such proposal Linda Thomas Purchasing Specialist Exhibit B 41 of 346 4 Revised 10-14 1.0 INTRODUCTION PROJECT INFORMATION: Howard Street is an arterial street running east-west with City of Chicago on the south side and City of Evanston on the north side. Both the cities have jurisdiction on Howard Street. However, the City of Chicago is responsible for maintenance of the traffic signals. The AD T is estimated to be between 20,000. The Howard Street corridor is a major arterial adjacent to industrial, commercial, and residential areas and has considerable pedestrian traffic. The land use along the corridor is a mix of industrial, commercial, and residential developments. It is a Pace Bus and CTA route. The intersection of Howard/Sacramento is difficult for pedestrians due to the constant flow of traffic. City of Chicago conducted a warrant analysis in the past for the subject intersection and found that Warrant 1, Warrant 2, Warrant 3, and Warrant 6 were met. With the addition of a new traffic signal at this intersection, the existing traffic signal at the Kedzie Avenue intersection needs to be upgraded and these two signals interconnected and coordinated. Due to the developments within the corridor, additional ROW is not available and therefore more lanes cannot be added. The project will include the installation of new signals and replacement of outdated controllers, possible new mast arm poles to provide a signal head per lane, traffic signal equipment, installation of detectors and fiber optic interconnect systems, LED heads, etc. per CDOT standards and also traffic signal preemption devices. Pedestrian countdown signals will also be added at the intersections to improve the safety of pedestrians and bicyclists. The existing horizontal and vertical alignment will be maintained and the project will not require additional ROW acquisition. The City of Evanston is seeking proposals for the Traffic Signal/Intersection Improvements at the two locations, and to develop construction plans, specifications and cost estimate. The scope of construction engineering / administration will be negotiated after successful completion of the bid documents and project letting. The contract term desired is for a period of September 2015 – May 2016. Contract to be completed within this time frame. Contact with City personnel in connection with this RFP shall not be made other than as specified in this RFP Unauthorized contact of any City personnel may be cause for rejection of a proposal. Prior to the submittal of a proposal, Proposers are advised to carefully examine the contract documents project scope and work tasks to be accomplished specifications submittal requirements insurance requirements and required documentation Proposers are advised to become thoroughly familiar with all conditions, instructions and specifications governing this RFP. Proposals shall be made in accordance with these instructions. Proposals shall be submitted on the forms provided by the City The City will not be liable in any way for any costs incurred by respondents in replying to this Request for Proposal. Exhibit B 42 of 346 5 Revised 10-14 2.0 SCOPE OF SERVICES Installation of a new traffic signal at the eastern most driveway of the shopping center (Jewel/Target) and North Sacramento Avenue with intersection improvements. Traffic signal modernization at the western most driveway of shopping center and North Kedzie Avenue and intersection improvements. Design should conform with ADA requirements for sidewalks and crossings. Interconnect and coordination of the traffic signals. Jewel/Target western most driveway reconfiguration. Street light, sidewalk and curb channelization improvements. Prepare construction documents, specifications and engineers estimate. Review bids and prepare bid tabulation spreadsheets. Coordinate with CDOT, Utility, Transit, Shopping Center Management and other Agencies as needed. Task 1. Project Initiation and Kick Off Meeting The consultant team will meet with City staff for a project initiation meeting to review the scope of services and project schedules. The purpose of the meeting will be to confirm project scope and priorities, establish communication protocols and to confirm the preliminary project schedule. Task 2. Data Collection The consultant will collect necessary traffic, pedestrian, bike and any other necessary data. The City will provide information related to existing utilities including but not limited to storm sewer, sanitary sewer, prior studies, information related to any proposed improvements which the City has. The Consultant will coordinate with Chicago Department of Transportation (CDOT) to gather information related to utilities, prior studies and any other relevant information. The consultant also should coordinate with other known private utilities (ComED, NICOR, AT&T, etc…) for existing plans. Task 3. Surveying The City of Evanston will provide topographic and ROW verification survey on Howard Street within the project limits. Task 4. Construction plans, Specification & Cost Estimates Develop construction plans, specifications and cost estimates for the installation of a new traffic signal on Howard at the eastern most drive of the Shopping Center/Sacramento Avenue, upgrade and modernize the existing traffic signal on Howard Street and Jewel Shopping Center Drive/Kedzie Avenue, interconnection and coordination of the two traffic signals, intersection geometric improvements including utility structure relocation and resurfacing, reconfiguration of the Jewel Shopping Center Drive from Howard Street to the Shopping Center parking area. The plans and specifications must be reviewed and approved by Chicago Department of Transportation (CDOT). The consultant is required to coordinate with City’s purchasing department to let the project electronically. The final plan with all relevant documents Exhibit B 43 of 346 6 Revised 10-14 and maps will be submitted as three hard copies as well as one digital copy. ―All plans and specifications should follow current CDOT and City of Evanston standards.‖ Task 5. Project Administration and Coordination Includes coordination for staff assignments, invoicing, scheduling, coordination with CDOT, Shopping Center Management, Utility Companies, Transit Agencies, and monthly progress meetings with the City. Please feel free to add additional scope as required by CDOT 3.0 INSURANCE Consultant shall carry and maintain at its own cost with such companies as are reasonably acceptable to City all necessary liability insurance (which shall include as a minimum the requirements set forth below) during the term of this Agreement, for damages caused or contributed to by Consultant, and insuring Consultant against claims which may arise out of or result from Consultant’s performance or failure to perform the Services hereunder. The consultant must provide an insurance certificate naming the City of Evanston as an additional insured and will provide a variety of insurances including: comprehensive general liability - $3,000,000 combined single limit for each occurrence for bodily injury and property damage – designating the City as Additional Insured Workers Compensation - Statutory Limits Automobile Liability - $1,000,000 per occurrence for all claims arising out of bodily injuries or death and property damages. errors and omissions or professional liability insurance - $1,000,000 The surety and the insurance company must have not less than an A+ rating from the Alfred M. Best Co., Inc. and be approved by the City of Evanston. Consultant’s certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without thirty (30) days prior written notice (hand delivered or registered mail) to City. 4.0 SUBMITTAL REQUIREMENTS Responses to this Request shall be in one volume. Any firm brochures and/or information pertaining to the qualifications of the firm and/or team may be submitted, but must b e included in a single volume. Applicant firms must submit their responses in one of two ways: 1. Paper copies-- six (6) hardcopies, one (1) unbound original and an electronic copy on a flash/USB drive; or 2. Electronic response only—submitted in a sealed envelope on a flash/USB drive (with any paper bid bonds as required) Submittals must be forwarded in sealed envelopes clearly marked on the OUTSIDE with the following: RFP name and number Name and address of Firm Exhibit B 44 of 346 7 Revised 10-14 Date and time of RFP deadline ANY PROPOSALS RECEIVED AFTER THE SUBMITTAL DEADLINE, WILL BE RETURNED TO THE PROPOSER UNOPENED. It is the sole responsibility of the proposer to insure that his or her proposal is delivered by the stated time. Mailed proposals, which are delivered after the specified time, will not be accepted regardless of post marked time on the envelope. THE CITY IS NOT RESPONSIBLE FOR MISDIRECTED PACKAGES. A. Cover Letter The cover letter will include the following: introduction of firm signed by an authorized Principal of the firm name of firm address of firm phone number of the firm submitting the proposal include the name and signature of an authorized binding official who is authorized to answer questions regarding the firm’s proposal B. Qualifications and Experience of Firm and/or Team All respondents shall describe other contracts (at least 5, but no more than10) similar in scope, size or discipline to the required services described herein, performed or undertaken within the past five years. The respondent must provide references, including name, address and telephone number of a contact person for each project identified and described. Indicate commencement dates, duration and type of operation. Provide a list of all Municipal clients in Illinois. C. Area/Regional Manager(s) Clearly identify the professional staff person (s) who would be assigned as your Area/Regional Manager(s) and provide resumes. The proposal should indicate the abilities, qualifications and experience of these individuals. D. Fees Provide a copy of your fees/prices on the attached price/costs form (see page 14). E. Contract The City has attached its standard contract in Exhibit O (see page 27– Professional Services Agreement). Identify all exceptions to the agreement that would prevent your Firm from executing it. The City shall not consider or negotiate regarding exceptions submitted at any time after the submission of the Proposer’s response. 5.0 ADDITIONAL SUBMISSION REQUIREMENTS N/A 6.0 M/W/EBE GOALS The City has a goal of 25% of the contract amount for the participation and utilization of Minority-Owned, Women-Owned, and Evanston-based businesses (M/W/EBEs) in completing a portion of the services required by the City. All respondents must submit a Exhibit B 45 of 346 8 Revised 10-14 statement of the proposed involvement of M/W/EBEs in completing a portion of the required services. Provide a copy of the certification for M/W/EBEs that will assist in achieving the M/W/EBE goal with your submittal as well as the appropriate M/W/EBE forms or Request for Waiver. Any questions regarding M/W/EBE compliance should be submitted in writing to Tammi Turner, tturner@cityofevanston.org. 7.0 EVALUATION CRITERIA The City will select the successful firm through an evaluation process based on the firm meeting the specifications which are outlined in this RFP. A review committee will review in detail all proposals that are received. During the evaluation process, the City may require a Proposer’s representative to answer questions with regard to the proposal an d/or make a formal presentation to the review committee. The review committee will make a recommendation to award the contract based on the criteria set forth below. This contract will be forwarded to the City Council for final approval. The evaluation criteria listed below will be used in the selection of the successful Proposer. A. Qualifications and Expertise B. Price C. Organization and Completeness of Proposal D. Willingness to Execute the City of Evanston’s Professional Services Agreement E. M/W/EBE Participation 8.0 SELECTION PROCESS The City will select a firm on the basis of the responsiveness of the proposal to the RFP submittal requirements, the evaluation criteria stated above and the demonstrated willingness to execute an acceptable written contract. The City reserves the right to reject any or all proposals, and to request written clarification of proposals and supporting materials from the Proposer. W hile it is the intent of the City to award a single firm, the City reserves the right to award in part or in whole and to select multiple firms and/or individuals, depending on whichever decision is deemed to be most advantageous to the City. Responses may be rejected if the firm fails to perform any of the following: A. Adhere to one or more of the provisions established in this Request for Proposal. B. Demonstrate competence, experience, and the ability to provide the services described in this Request for Proposal. C. Submit a response on or before the deadline and complete all required forms. D. To fulfill a request for an oral presentation. E. To respond to a written request for additional information. Discussions and/or interviews may be conducted with responsible firms that have submitted proposals in order to clarify certain elements. All proposals shall be afforded fair and equal treatment with respect to any opportunity for clarification. In conducting discussion, there shall be no disclosure of information derived from proposals submitted by competing firms. Exhibit B 46 of 346 9 Revised 10-14 The selection shall be done by the City’s review committee and will be recommended to the City Council for final approval. If the City is unable to reach any sort of agreement with the selected firm, the City will discontinue negotiations with the selected firm and begin negotiations with the firm ranked second and so on until agreement is reached. The firm to be recommended to the City Council will be the one whose proposal is determined to be the most advantageous to the City in consideration of price and all other evaluation factors which are set forth in this Request for Proposal No other factors or criteria not listed in this RFP shall be used in the evaluation. 9.0 PROPOSED SCHEDULE The tentative schedule for this RFP and project process is as follows: 1. RFP issued ..................................................... July 2, 2015 2. Non-mandatory Pre-Proposal Conference and walk thru .................................................. July 20, 2015 3. Last Day to submit questions .......................... July 23, 2015 4. Final Addendum Issued .................................. July 28, 2015 5. RFP Submission Due Date ............................. August 4, 2015 6. City Council Award of Contract ....................... September 14, 2015 7. Contract Effective............................................ September 15, 2015 10.0 QUESTIONS REGARDING RFP All questions related to this RFP should be submitted in writing to Linda Thomas, Purchasing Specialist at lithomas@cityofevanston.org with a copy to Rajeev Dahal at rdahal@cityofevanston.org 11.0 GENERAL TERMS AND CONDITIONS A. Confidentiality In connection with this Agreement, City may provide Consultant with information to enable Consultant to render the Services hereunder, or Consultant may develop confidential information for City. Consultant agrees (i) to treat, and to obligate Consultant’s employees to treat, as secret and confidential all such information whether or not identified by City as confidential, (ii) not to disclose any such information or make available any reports, recommendations and /or conclusions which Consultant may make for City to any person, firm or corporation or use the same in any manner whatsoever without first obtaining City’s written approval, and (iii) not to disclose to City any information obtained by Consultant on a confidential basis from any third party unless Consultant shall have first received written permission from such third party to disclose such information. Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure within limited statutory timeframes (five (5) working days with a possible five (5) working day extension). Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the Consultant’s control, the Consultant shall promptly provide all Exhibit B 47 of 346 10 Revised 10-14 requested records to the City so that the City may comply with the request within the required timeframe. The City and the Consultant shall cooperate to determine what records are subject to such a request and whether or not any exemptions to the disclosure of such records, or part thereof, is applicable. The Purchasing Specialist will endeavor to advise the firm of any request for the disclosure of the material so marked with ―TRADE SECRET‖, ―CONFIDENTIAL‖, or ―PROPRIETARY‖, and give the firm or other submitting party the opportunity to seek a court order to protect such materials from disclosure. If the requested material was submitted by a party other than the firm, then the firm shall be solely responsible for notifying the submitting party of the request. The City’s sole responsibility i s to notify the firm of the request for disclosure, and the City shall not be liable for any damages resulting out of such disclosure, whether such disclosure is deemed required by law, by an order of court or administrative agency, or occurs through inadvertence, mistake, negligence on the part of the City or its officers, or employees. B. Withdrawal of Proposal Proposals may be withdrawn prior to the submittal deadline. Withdrawal may be attained by written request; however, no offer can be withdrawn within the ninety (90) day period which occurs after the time is set for closing. Proposers who withdraw their proposals prior to the designated date and time may still submit another proposal if done in accordance with the proper time frame. C. Exceptions to Specifications Exceptions to these specifications shall be listed and explained on a separate page titled ―Exceptions to Specifications‖, which shall be prepared by the Proposer. This page shall then be attached to these documents and submitted at the same time as the proposal. Each exception must refer to the page number and paragraph to which it is relevant. The nature and reasoning of each exception shall be explained in its entirety. Any exceptions to these specifications may be cause for rejection of the proposal. D. Hold Harmless The contractor agrees to hold harmless the City of Evanston and all of its agents, servants, and employees against any and all lawsuits, claims, demands, liabilities, losses, and/or expenses; including court costs and attorneys’ fees on account of injury to any person, or any death resulting from such injury, or any damage to property which may have arisen from work specifically related to the contract and/or project. E. Addenda Any and all changes to these documents are valid only if they are included via written addendum to all respondents. Each respondent should acknowledge receipt of any addenda by indicating same in their proposal submission. Each respondent acknowledging receipt of any addenda is responsible for the contents of the addenda and any changes to the proposal therein. Failure to acknowledge any addenda may cause the proposal to be rejected. Addenda information is available over the internet at City of Evanston Notices & Documents or www.demandstar.com, or by contacting the Purchasing Office, 847-866-2935. Exhibit B 48 of 346 11 Revised 10-14 F. Term The contract is for 8 months. The City may terminate a contract for either cause or convenience. G. Non-Appropriation of Funds The City of Evanston reserves the right to terminate in whole or in part f the contract in the event that sufficient funds to complete the contract are not appropriated by The City of Evanston’s City Council. H. Property of the City All discoveries and documents produced as a result of any service or project undertaken on behalf of the City of Evanston shall become the property of the City. I. Payment Terms The consultant shall submit invoices detailing the services provided, project, professional staff, and hours. Payment shall be made in accordance with the Local Government Prompt Payment Act. Please note that failure to provide a detailed invoice could result in delay of payment and include termination of any agreement. J. Disclosures and Potential Conflicts of Interest The City of Evanston’s Code of Ethics prohibits public officials or employees from performing or participating in an official act or action with regard to a transaction in which he has or knows he will thereafter acquire an interest for profit, without full public disclosure of such interest. This disclosure requirement extends to the spouse, children and grandchildren, and their spouses, parents and the parents of a spouse, and brothers and sisters and their spouses. To ensure full and fair consideration of all proposals, the City of Evanston requires all Proposers including owners or employees to investigate whether a potential or actual conflict of interest exists between the Proposer and the City of Evanston, its officials, and/or employees. If the Proposer discovers a potential or actual conflict of interest, the Proposer must disclose the conflict of interest in its proposal, identifying the name of the City of Evanston official or employee with whom the conflict may exist, the nature of the conflict of interest, and any other relevant information. The existence of a potential or actual conflict of interest does NOT, on its own, disqualify the disclosing Proposer from consideration. Information provided by Proposers in this regard will allow the City of Evanston to take appropriate measures to ensure the fairness of the proposal process. The City requires all Proposers to submit a certification, enclosed with this RFP, that the Proposer has conducted the appropriate investigation and disclosed all potential or actual conflicts of interest. K. Protests Any actual or prospective Proposer, who is aggrieved in connection with the solicitation or award of a contract, may protest to the Purchasing Office. The protest shall be submitted in writing within ten (10) calendar days after such aggrieved person knows or should have known of the facts giving rise thereto. The Proposer shall submit any protests or claims regarding this solicitation to the Purchasing Office. Exhibit B 49 of 346 12 Revised 10-14 A pre-bid protest must be filed five (5) days before the bid opening or proposal submittal. A pre-award protest must be filed no later than ten (10) days after the bid opening date or proposal deadline. A post-award protest must be filed no later than ten (10) days after the award of the Contract. All claims by a Proposer against the City relating to a contract shall be submitted in writing to the Purchasing Specialist. The City will only consider protests that are properly and timely submitted. All protests or claims must set forth the name and address of the protester, the contract number, the grounds for the protest or claim, and the course of action that the protesting party desires the Purchasing Specialist to take. Statements shall be sworn and submitted under penalty of perjury. L. Authority To Resolve Protests And Contract Claims Protests: The Purchasing Specialist shall have the authority to consider and resolve a protest of an aggrieved Proposer, actual or prospective, concerning the solicitation or award of a contract. The City shall issue a written decision and that decision is final. Contract Claims: The Purchasing Specialist, after consulting with Corporation Counsel, shall have the authority to resolve contract claims, subject to the approval of the City Manager or City Council, as applicable, regarding any settlement that will result in a change order or contract modification. Each Proposer, by submitting a response to this RFP, expressly recognizes the limitations on its rights to protest provided in this Section and expressly waives all other rights and remedies and agrees that the decision on the protest is final and conclusive. If a Proposer disregards, disputes or does not follow the exclusive protest remedies provided in this Section, it shall indemnify and hold the City and its officers, employees, agents and consultants harmless from and against all liabilities, fees and costs, including legal and consultant fees and costs, and damages incurred or suffered as a result of such Proposer’s actions. Each Proposer, by submitting a response to this RFP, shall be deemed to have irrevocably and unconditionally agreed to this indemnity obligation. M. Litigation For purposes of this Section, the following terms are defined as follows: ―issue‖ means any prior or pending litigation or investigation, either civil or criminal, or any governmental agency action or proceeding (the ―issue‖), which may affect the performance of the services to be rendered herein. For purposes of this Section, an ―issue‖ shall also include any criminal, civil, or administrative penalty or finding imposed against any covered individual. An issue occurring within seven (7) years of the date preceding the date of the Proposer’s response shall be disclosed by the Proposer. ―covered individual‖ means any principal, president, managing partner, or vice -president, affiliated in anyway with the Firm, and the Firm’s employees or subcontractors. Exhibit B 50 of 346 13 Revised 10-14 All proposers shall identify and describe with particularity any issue. The City, and not Proposer, has the sole discretion to determine whether an issue may affect the performance of the services. Failure of any Proposer to comply with this mandatory obligation shall, at the City’s sole discretion, result in the Proposer’s response being deemed non-responsive and not responsible. Failure of any Proposer to comply with the obligation specified herein may result in the voiding any subsequent contract award to Proposer if the City discovers upon the exercise of its customary due diligence that Proposer failed to comply with the mandatory obligation in this Section. The City reserves all rights to take any other actions in the case of a Proposer’s non -compliance with this Section. N. Subcontractors If any firm submitting a proposal intends on subcontracting out all or any portion of the engagement, that fact, and the name of the proposed subcontracting firm(s) must be clearly disclosed in the proposal. Following the award of the contract, no additiona l subcontracting will be allowed without the prior written consent of the City of Evanston. O. Contact with City Personnel All Proposers are prohibited from making any contact with the City Manager, City Council, or any other official or employee of the City with regard to the Project, other than in the manner and to the person(s) designated herein. The Purchasing Specialist reserves the right to disqualify any Proposer found to have contacted City Personnel in any manner with regard to the Project. Additionally, if it is determined that the contact with City Personnel was in violation of any provision of 720 ILCS 5/33EE, the matter may be referred to the Cook County State’s Attorney for review and prosecution. P. Costs Incurred The City of Evanston assumes no responsibility or liability for costs incurred by the Proposer prior to the execution of a contract. This includes costs incurred by the Proposer as a result of preparing a response to this RFP. Exhibit B 51 of 346 14 Revised 10-14 INSERT PRICE/COSTS FORMS Tasks Hours Cost Comments Project initiation and Kick Off Data Collection Construction plans, Specification & Cost Estimates Project Administration and Coordination Total Cost Exhibit B 52 of 346 15 Revised 10-14 Exhibit A DISCLOSURE OF OWNERSHIP INTERESTS The City of Evanston Code Section 1-18-1 et seq. requires all persons (APPLICANT) seeking to do business with the City to provide the following information with their proposal. Every question must be answered. If the question is not applicable, answer with "NA". APPLICANT NAME: ______________________________________ APPLICANT ADDRESS: ______________________________________ TELEPHONE NUMBER: ______________________________________ FAX NUMBER: ______________________________________ APPLICANT is (Check One) ( ) Corporation ( ) Partnership ( ) Sole Owner ( ) Association Other ( ) ________________________________________________________ Please answer the following questions on a separate attached sheet if necessary. SECTION I - CORPORATION 1a. Names and addresses of all Officers and Directors of Corporation. _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 1b. (Answer only if corporation has 33 or more shareholders.) Names and addresses of all those shareholders owning shares equal to or in excess of 3% of the proportionate ownership interest and the percentage of shareholder interest. (Note: Corporations which submit S.E.C. form 10K may substitute that statement for the material required herein.) _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 1c. (Answer only if corporation has fewer than 33 shareholders.) Exhibit B 53 of 346 16 Revised 10-14 Names and addresses of all shareholders and percentage of interest of each herein. (Note: Corporations which submit S.E.C. form 10K may substitute that statement for the material requested herein.) ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ SECTION 2 - PARTNERSHIP/ASSOCIATION/JOINT VENTURE 2a. The name, address, and percentage of interest of each partner whose interests therein, whether limited or general, is equal to or in excess of 3%. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 2b. Associations: The name and address of all officers, directors, and other members with 3% or greater interest. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ SECTION 3 - TRUSTS 3a. Trust number and institution. ______________________________________________________________________ 3b. Name and address of trustee or estate administrator. ______________________________________________________________________ ______________________________________________________________________ 3c. Trust or estate beneficiaries: Name, address, and percentage of interest in total entity. ______________________________________________________________________ ______________________________________________________________________ SECTION 4 - ALL APPLICANTS - ADDITIONAL DISCLOSURE Exhibit B 54 of 346 17 Revised 10-14 4a. Specify which, if any, interests disclosed in Section 1, 2, or 3 are being held by an agent or nominee, and give the name and address of principal. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 4b. If any interest named in Section 1,2, or 3 is being held by a "holding" corporation or other "holding" entity not an individual, state the names and addresses of all parties holding more than a 3% interest in that "holding" corporation or entity as required in 1(a), 1(b), 1(c), 2(a), and 2(b). ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 4c. If "constructive control" of any interest named in Sections 1,2, 3, or 4 is held by another party, give name and address of party with constructive control. ("Constructive control" refers to control established through voting trusts, proxies, or special terms of venture of partnership agreements.) ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ I have not withheld disclosure of any interest known to me. Information provided is accurate and current. ______________________ ______________________________________ Date Signature of Person Preparing Statement ______________________________________ Title ATTEST: ____________________________ Notary Public (Notary Seal) Commission Expires: _____________________ Exhibit B 55 of 346 18 Revised 10-14 EXHIBIT B ADDITIONAL INFORMATION SHEET Proposal Name: _______________________________________________ Proposal Number #: _________________________________________________ Company Name: __________________________________________________ Contact Name: ___________________________________________________ Address: ________________________________________________________ City,State, Zip: ____________________________________________________ Telephone/FAX: #_________________________________________________ E-mail: __________________________________________________________ Comments: _____________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Exhibit B 56 of 346 19 Revised 10-14 Exhibit C CONFLICT OF INTEREST FORM ___________________________________________________, hereby certifies that it has conducted an investigation into whether an actual or potential conflict of interest exists between the bidder, its owners and employees and any official o r employee of the City of Evanston. Proposer further certifies that it has disclosed any such actual or potential conflict of interest and acknowledges if bidder/Proposer has not disclosed any actual or potential conflict of interest, the City of Evanston may disqualify the bid/proposal. ______________________________________________________________________ (Name of Bidder/Proposer if the Bidder/Proposer is an Individual) (Name of Partner if the Bidder/Proposer is a Partnership) (Name of Officer if the Bidder/Proposer is a Corporation) The above statements must be subscribed and sworn to before a notary public. Subscribed and Sworn to this _____ day of ______________, 2015. Notary Public Failure to complete and return this form may be considered sufficient reason for rejection of the bid / proposal. Exhibit B 57 of 346 20 Revised 10-14 Exhibit D ACKNOWLEDGEMENT OF UNDERSTANDING THE SECTION BELOW MUST BE COMPLETED IN FULL AND SIGNED The undersigned hereby certifies that they have read and understand the contents of this solicitation and attached service agreements, and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications and attachments hereto. Failure to have read all the provisions of this solicitation sh all not be cause to alter any resulting contract or to accept any request for additional compensation. By signing this document, the Proposer hereby certifies that they are not barred from bidding on this contract as a result of bid rigging or bid rotatin g or any similar offense (720 ILCS S/33E-3, 33E-4). Authorized Signature: Company Name: Typed/Printed Name: Date: Title: Telephone Number: Email: Fax Number: Exhibit B 58 of 346 21 Revised 10-14 Exhibit E ANTI-COLLUSION AFFIDAVIT AND PROPOSER’S CERTIFICATION ______________________________________, being first duly sworn, deposes and says that he is ________________________________________ (Partner, Officer, Owner, Etc.) of ________________________________ (Proposer) The party making the foregoing proposal or bid, that such bid is genuine and not collusive, or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person; to fix the bid price element of said bid, or of that of any other bidder, or to secure any advantage against any other bidder or any person interested in the proposed contract. The undersigned certifies that he is not barred from bidding on this contract as a result of a conviction for the violation of State laws prohibiting bid-rigging or bid-rotating. (Name of Bidder if the Bidder is an Individual) (Name of Partner if the Bidder is a Partnership) (Name of Officer if the Bidder is a Corporation) The above statements must be subscribed a sworn to before a notary public. Subscribed and Sworn to this ________ day of _____________________, 2015 __________________________________________ Notary Public Commission Expires: ________________________ Failure to complete and return this form may be considered sufficient reason for rejection of the bid. Exhibit B 59 of 346 22 Revised 10-14 EXHIBIT F CITY OF EVANSTON M/W/EBE POLICY A City of Evanston goal is to provide contracting and subcontracting opportunities to Minority Business Enterprises, Women Business Enterprises, and Evanston Business Enterprises. The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. To assist 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. Firms bidding on projects with the City must work to meet the 25% goal or request a waiver from participation. It is advised that bidders place advertisements requesting subcontractors and that they email or contact individual firms that would be appropriate to partner in response to the project. For samples of possible advertisements, see the City of Evanston’s Business Diversity Section http://www.cityofevanston.org/business/business-diversity/ (Sample Advertisement ). If you request a paper copy of the additional documents, it will be available free of charge from the Purchasing Office, 2100 Ridge Road Suite 4200, Evanston, IL 60201. If a bidder is unable to meet the required M/W/EBE goal, the Bidder must seek a waiver or modification of the goal on the attached forms. Bidder must include: 1. A narrative describing the Bidder’s efforts to secure M/W/EBE pa rticipation prior to the bid opening. 2. Documentation of each of the assist agencies that were contacted, the date and individual who was contacted, and the result of the conversation (see form) 3. A letter attesting to instances where the bidder has not received inquiries/proposals from qualified M/W/EBEs 4. Names of owners, addresses, telephone numbers, date and time and method of contact of qualified M/W/EBE who submitted a proposal but were not found acceptable. 5. Names of owners, addresses, telephone numbers, date and time of contact of at least 15 qualified M/W/EBEs the bidder solicited for proposals for work directly related to the Bid prior to the bid opening (copies must be attached). If a bidder is selected with a Subcontractor listed to meet the M/W/EBE go al, a ―monthly utilization report‖ will be due to the City prior to each payment being issued to the Contractor. This report will include documentation of the name of the firm hired, the type of work that firm performed, etc. Should the M/W/EBE not be paid according to the schedule proposed in this document, the City reserves the right to cancel the contract. Examples of this monthly form can be found on the City’s website: http://www.cityofevanston.org/business/business-diversity/ (MWEBE Monthly Utilization Report). Exhibit B 60 of 346 23 Revised 10-14 Exhibit G M/W/EBE PARTICIPATION COMPLIANCE FORM I do hereby certify that _________________________________________________ (Name of firm) intends to participate as a Subcontractor or General Contractor on the project referenced above. This firm is a (check only one): ______ Minority Business Enterprise (MBE), a firm that is at least 51% managed and controlled by a minority, certified by a certifying agency within Illinois. ______ Women’s Business Enterprise (WBE), a firm that is at least 51% managed and controlled by a woman, certified by a certifying agency within Illinois. ______ Evanston Based Enterprise (EBE), a firm located in Evanston for a minimum of one year and which performs a ―commercially useful function‖. Total proposed price of response $_____________________ Amount to be performed by a M/W/EBE $_____________________ Percentage of work to be performed by a M/W/EBE _____________________% Information on the M/W/EBE Utilized: Name __________________________________________________________ Address ____________________________________________________ Phone Number Signature of firm attesting to participation ____________________________ Title and Date ____________________________________________________ Please attach 1. Proper certification documentation if applying as a M/WBE and check the appropriate box below. This M/WBE will be applying with documentation from: Cook County City of Chicago State certification Federal certification 2. Attach business license if applying as an EBE Exhibit B 61 of 346 24 Revised 10-14 Exhibit H M/W/EBE PARTICIPATION WAIVER REQUEST I am of , and I have authority to (Title) (Name of Firm) execute this certification on behalf of the firm. I do (Name) hereby certify that this firm seeks to waive all or part of this M/W/EBE partcipation goal for the following reason(s): (CHECK ALL THAT APPLY. SPECIFIC SUPPORTING DOCUMENTATION MUST BE ATTACHED.) ______ 1. No M/W/EBEs responded to our invitation to bid. ______ 2. An insufficient number of firms responded to our invitation to bid. For #1 & 2, please provide a narrative describing the outreach efforts from your firm and proof of contacting at least 15 qualified M/W/EBEs prior to the bid opening. Also, please attach the accompanying form with notes regarding contacting the Assist Agencies. ______ 3. No subcontracting opportunities exist. Please provide a written explanation of why subcontracting is not feasible. ______ 4. M/W/EBE participation is impracticable. Please provide a written explanation of why M/W/EBE participation is impracticable. Therefore, we request to waive _____of the 25% utilization goal for a revised goal of _____%. Signature: Date: (Signature) Exhibit B 62 of 346 25 Revised 10-14 EXHIBIT I Construction Contractors' Assistance Organizations (“Assist Agencies”) Form AGENCY DATE CONTACTED CONTACT PERSON RESULT OF CONVERSATION Association of Asian Construction Enterprises (AACE) 5500 Touhy Ave., Unit K Skokie, IL. 60077 Phone: 847/5259693 Perry Nakachii, President Black Contractors United (BCU) 400 W. 76th Street Chicago, IL 60620 Phone: 773/483-4000 Fax: 773/483-4150 Email: bcunewera@ameritech.net Chicago Minority Business Development Council 105 West Adams Street Chicago, Illinois 60603 Phone: 312-755-8880 Fax: 312-755-8890 Email: info@chicagomsdc.org Shelia Hill, President Federation of Women Contractors 5650 S. Archer Avenue Chicago, Illinois 60638 Phone: 312/360-1122 Fax: 312/360-0239 Email: FWCChicago@aol.com Contact Person: Beth Doria Maureen Jung, President Hispanic American Construction Industry (HACIA) 901 W. Jackson, Suite 205 Chicago, IL 60607 Phone: 312/666-5910 Fax: 312/666-5692 Email: info@haciaworks.org Women’s Business Development Center 8 S. Michigan Ave, Suite 400 Chicago, Illinois 60603 Phone: 312-853-3477 Fax: 312-853-0145 Email: wbdc@wbdc.org Carol Dougal, Director Exhibit B 63 of 346 26 Revised 10-14 Exhibit J CITY OF EVANSTON PROFESSIONAL SERVICES AGREEMENT The parties referenced herein desire to enter into an agreement for professional services for [Howard Street Traffic Signal/Intersection Improvement Project] (“the Project”) RFP Number: 15-51 THIS AGREEMENT (hereinafter referred to as the ―Agreement‖) entered into this ___ day of ________________, 20___, between the City of Evanston, an Illinois municipal corporation with offices located at 2100 Ridge Avenue, Evanston Illinois 60201 (hereinafter referred to as the ―City‖), and [Insert Professional Service Provider’s name here], with offices located at [Insert address here], (hereinafter referred to as the ―Consultant‖). Compensation for all basic Services (―the Services‖) provided by the Consultant pursuant to the terms of this Agreement shall not exceed $[Insert fee here]. I. COMMENCEMENT DATE Consultant shall commence the Services on ____________ or no later than three (3) DAYS AFTER City executes and delivers this Agreement to Consultant. II. COMPLETION DATE Consultant shall complete the Services by ____________. If this Agreement provides for renewals after an initial term, no renewal shall begin until agreed to in writing by both parties prior to the completion date of this Agreement. III. PAYMENTS Exhibit B 64 of 346 27 Revised 10-14 City shall pay Consultant those fees as provided here: Payment shall be made upon the completion of each task for a project, as set forth in Exhibit A – Project Milestones and Deliverables. Any expenses in addition to those set forth here must be specifically approved by the City in writing in advance. IV. DESCRIPTION OF SERVICES Consultant shall perform the services (the ―Services‖) set forth here: Services are those as defined in Exhibit A, the City’s Request for Proposal/Qualifications No. # 15- 51 (Exhibit B) and Consultant’s Response to the Proposal (Exhibit C). Services may include, if any, other documented discussions and agreements regarding scope of work and cost (Exhibit D). V. GENERAL PROVISIONS A. Services. Consultant shall perform the Services in a professional and workmanlike manner. All Services performed and documentation (regardless of format) provided by Consultant shall be in accordance with the standards of reasonable care and skill of the profession, free from errors or omissions, ambiguities, coordination problems, and other defects. Consultant shall take into account any and all applicable plans and/or specifications furnished by City, or by others at City’s direction or request, to Consultant during the term of this Agreement. All materials, buildings, structures, or equipment designed or selected by Consultant shall be workable and fit for the intended use thereof, and will comply with all applicable governmental requirements. Consultant shall require its employees to observe the working hours, rules, security regulations and holiday schedules of City while working and to perform its Services in a manner which does not unreasonably interfere with the City’s business and operations, or the business and operations of other tenants and occupants in the City which may be affected by the work relative to this Agreement. Consultant shall take all necessary precautions to assure the safety of its employees who are engaged in the performance of the Services, all equipment and supplies used in connection therewith, and all property of City or other parties that may be affected in connection therewith. If requested by City, Consultant shall promptly replace any employee or agent performing the Services if, in the opinion of the City, the performance of the employee or agent is unsatisfactory. Consultant is responsible for conforming its final work product to generally accepted professional standards for all work performed pursuant to this Agreement. Consultant is an independent Consultant and is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including but not limited to, Worker’s Compensation Insurance. Nothing in this Agreement accords any third-party beneficiary rights whatsoever to any non-party to this Agreement that any non-party may seek to enforce. Consultant acknowledges and agrees that should Consultant or its subconsultants provide false information, or fail to be or remain in compliance with this Agreement, the City may void this Agreement. The Consultant warrants and states that it has read the Contract Documents, and agrees to be bound thereby, including all performance guarantees as respec ts Consultant’s work and all indemnity and insurance requirements. Exhibit B 65 of 346 28 Revised 10-14 The Consultant shall obtain prior approval from the City prior to subcontracting with any entity or person to perform any of the work required under this Agreement. If the Consultant subcontracts any of the services to be performed under this Agreement, the subconsultant agreement shall provide that the services to be performed under any such agreement shall not be sublet, sold, transferred, assigned or otherwise disposed of to another entity or person without the City’s prior written consent. The Consultant shall be responsible for the accuracy and quality of any subconsultant’s work. All subconsultant agreements shall include verbatim or by reference the provisions in this Agreement binding upon Consultant as to all Services provided by this Agreement, such that it is binding upon each and every subconsultant that does work or provides Services under this Agreement. The Consultant shall cooperate fully with the City, other City contractors, other municipalities and local government officials, public utility companies, and others, as may be directed by the City. This shall include attendance at meetings, discussions and hearings as requested by the City. This cooperation shall extend to any investigation, hearings or meetings convened or instituted by OSHA relative to this Project, as necessary. Consultant shall cooperate with the City in scheduling and performing its Work to avoid conflict, delay in or interference with the work of others, if any, at the Project. Except as otherwise provided herein, the nature and scope of Services specified in this Agreement may only be modified by a writing approved by both parties. This Agreement may be modified or amended from time to time provided, however, that no such amendment or modification shall be effective unless reduced to writing and duly authorized and signed by the authorized representatives of the parties. B. Representation and Warranties. Consultant represents and warrants that: (1) Consultant possesses and will keep in force all required licenses to perform the Services, (2) the employees of Consultant performing the Services are fully qualified, licensed as required, and skilled to perform the Services. C. Termination. City may, at any time, with or without cause, terminate this Agreement upon seven (7) days written notice to Consultant. If the City terminates this agreement, the City will make payment to Consultant for Services performed prior to termination. Payments made by the City pursuant to this Agreement are subject to sufficient appropriations made by the City of Evanston City Council. In the event of termination resulting from non-appropriation or insufficient appropriation by the City Council, the City’s obligations hereunder shall cease and there shall be no penalty or further payment required. In the event of an emergency or threat to the life, safety or welfare of the citizens of the City, the City shall have the right terminate this Agreement without prior written notice. Within thirty (30) days of termination of this Agreement, the Consultant shall turn over to the City any documents, drafts, and materials, including but not limited to, outstanding work product, data, studies, test results, source documents, AutoCad Version 2007, PDF, ArtView, Word, Excel Exhibit B 66 of 346 29 Revised 10-14 spreadsheets, technical specifications and calculations, and any other such items specifically identified by the City related to the Services herein. D. Independent Consultant. Consultant’s status shall be that of an independent Consultant and not that of a servant, agent, or employee of City. Consultant shall not hold Consultant out, nor claim to be acting, as a servant, agent or employee of City. Consultant is not authorized to, and shall not, make or undertake any agreement, understanding, waiver or representation on behalf of City. Consultant shall at its own expense comply with all applicable workers compensation, unemployment insurance, employer’s liability, tax withholding, minimum wage and hour, and othe r federal, state, county and municipal laws, ordinances, rules, regulations and orders. Consultant agrees to abide by the Occupational Safety & Health Act of 1970 (OSHA), and as the same may be amended from time to time, applicable state and municipal safety and health laws and all regulations pursuant thereto. E. Conflict of Interest. Consultant represents and warrants that no prior or present services provided by Consultant to third parties conflict with the interests of City in respect to the Services being provided hereunder except as shall have been expressly disclosed in writing by Consultant to City and consented to in writing to City. F. Ownership of Documents and Other Materials. All originals, duplicates and negatives of all plans, drawings, reports, photographs, charts, programs, models, specimens, specifications, AutoCad Version 2007, Excel spreadsheets, PDF, and other documents or materials required to be furnished by Consultant hereunder, including drafts and reproduction copies thereof, shall be and remain the exclusive property of City, and City shall have the unlimited right to publish and use all or any part of the same without payment of any additional royalty, charge, or other compensation to Consultant. Upon the termination of this Agreement, or upon request of City, during any stage of the Services, Consultant shall promptly deliver all such materials to City. Consultant shall not publish, transfer, license or, except in connection with carrying out obligations under this Agreement, use or reuse all or any part of such reports and other documents, including working pages, without the prior written approval of City, provided, however, that Consultant may retain copies of the same for Consultant’s own general reference. G. Payment. Invoices for payment shall be submitted by Consultant to City at the address set forth above, together with reasonable supporting documentation, City may require such additional supporting documentation as City reasonably deems necessary or desirable. Payment shall be made in accordance with the Illinois Local Government Prompt Payment Act, after City’s receipt of an invoice and all such supporting documentation. H. Right to Audit. Consultant shall for a period of three years following performance of the Services, keep and make available for the inspection, examination and audit by City or City’s authorized employees, agents or representatives, at all reasonable time, all records respecting the services and expenses incurred by Consultant, including without limitation, all book, accounts, memoranda, receipts, ledgers, canceled checks, and any other documents indicating, Exhibit B 67 of 346 30 Revised 10-14 documenting, verifying or substantiating the cost and appropriateness of any and all expenses. If any invoice submitted by Consultant is found to have been overstated, Consultant shall provide City an immediate refund of the overpayment together with interest at the highest rate permitted by applicable law, and shall reimburse all of City’s expenses for and in connection with the audit respecting such invoice. I. Indemnity. Consultant shall defend, indemnify and hold harmless the City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including but not limited to costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Co nsultant or Consultant’s subcontractors, employees, agents or subcontractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. Nothing contained herein shall be construed as prohibiting the City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. The Consultant shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. At the City Corporation Counsel’s option, Consultant must defend all sui ts brought upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Consultant of any of its obligations under thi s Agreement. Any settlement of any claim or suit related to this Agreement by Consultant must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City. To the extent permissible by law, Consultant waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums due under any Losses, including any claim by any employee of Consultant that may be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision, including but not limited to, Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991). The City, however, does not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the Illinois Pension Code or any other statute. Consultant shall be responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from or arising out of any act or omission, neglect, or misconduct in the performance of its Work or its subConsultants’ work. Acceptance of the work by the City will not relieve the Consultant of the responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for loss or damage resulting Exhibit B 68 of 346 31 Revised 10-14 therefrom. All provisions of this Section shall survive completion, expiration, or termination of this Agreement. J. Insurance. Consultant shall carry and maintain at its own cost with such companies as are reasonably acceptable to City all necessary liability insurance (which shall include as a minimum the requirements set forth below) during the term of this Agreement, for damages caused or contributed to by Consultant, and insuring Consultant against claims which may arise out of or result from Consultant’s performance or failure to perform the Services hereunder: (1) worker’s compensation in statutory limits and employer’s liability insurance in the amount of at least $500,000, (2) comprehensive general liability coverage, and designating City as additional insured for not less than $3,000,000 combined single limit for bodily injury, death and property damage, per occurrence, (3) comprehensive automobile liability insurance covering owned, non-owned and leased vehicles for not less than $1,000,000 combined single limit for bodily injury, death or property damage, per occurrence, and (4) errors and omissions or professional liability insurance respecting any insurable professional services hereunder in the amount of at least $1,000,000. Consultant shall give to the City certificates of insurance for all Services done pursuant to this Agreement before Consultant performs any Services, and, if requested by City, certified copies of the policies of insurance evidencing t he coverage and amounts set forth in this Section. The City may also require Consultant to provide copies of the Additional Insured Endorsement to said policy(ies) which name the City as an Additional Insured for all of Consultant’s Services and work under this Agreement. Any limitations or modification on the certificate of insurance issued to the City in compliance with this Section that conflict with the provisions of this Section shall have no force and effect. Consultant’s certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without thirty (30) days prior written notice (hand delivered or registered mail) to City. Consultant understands that the acceptance of certificates, policies and any other documents by the City in no way releases the Consultant and its subcontractors from the requirements set forth herein. Consultant expressly agrees to waive its rights, benefits and entitlements under the ―Other Insurance‖ clause of its commercial general liability insurance policy as respects the City. In the event Consultant fails to purchase or procure insurance as required above, the parties expressly agree that Consultant shall be in default under this Agreement, and that the City may recover all losses, attorney’s fees and costs expended in pursuing a remedy or reimbursement, at law or in equity, against Consultant. Consultant acknowledges and agrees that if it fails to comply with all requirements of this Section, that the City may void this Agreement. K. Confidentiality. In connection with this Agreement, City may provide Consultant with information to enable Consultant to render the Services hereunder, or Consultant may develop confidential information for City. Consultant agrees (i) to treat, and to obligate Consultant’s employees to treat, as secret and confidential all such information whether or not identified by City as confidential, (ii) not to disclose any such information or make available any reports, recommendations and /or conclusions which Consultant may make for City to any person, firm or corporation or Exhibit B 69 of 346 32 Revised 10-14 use the same in any manner whatsoever without first obtaining City’s written approval, and (iii) not to disclose to City any information obtained by Consultant on a confidential basis from any third party unless Consultant shall have first received written permission from such third party to disclose such information. Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure within limited statutory timeframes (five (5) working days with a possible five (5) working day extension). Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the Consultant’s control, the Consultant shall promptly provide all requested records to the City so that the City may comply with the request within the required timeframe. The City and the Consultant shall cooperate to determine what records are subject to such a request and whether or not any exemptions to the disclosure of such records, or part thereof, is applicable. Vendor shall indemnify and defend the City from and against all claims arising from the City’s exceptions to disclosing certain records which Vendor may designate as proprietary or confidential. Compliance by the City with an opinion or a directive from the Illinois Public Access Counselor or the Attorney General under FOIA, or with a decision or order of Court with jurisdiction over the City, shall not be a violation of this Section. L. Use of City’s Name or Picture of Property. Consultant shall not in the course of performance of this Agreement or thereafter use or permit the use of City’s name nor the name of any affiliate of City, nor any picture of or reference to its Services in any advertising, promotional or other materials prepared by or on behalf of Consultant, nor disclose or transmit the same to any other party. M. No Assignments or Subcontracts. Consultant shall not assign or subcontract all or any part or its rights or obligations hereunder without City’s express prior written approval. Any attempt to do so without the City’s prior consent shall, at City’s option, be null and void and of no force or effect whatsoever. Consultant shall not employ, contract with, or use the services of any other architect, interior designer, engineer, consultant, special contractor, or other third party in connection with the performance of the Services without the prior written consent of City. N. Compliance with Applicable Statutes, Ordinances and Regulations. In performing the Services, Consultant shall comply with all applicable federal, state, county, and municipal statutes, ordinances and regulations, at Consultant’s sole cost and expense, except to the extent expressly provided to the contrary herein. Whenever the City deems it reasonably necessary for security reasons, the City may conduct at its own expense, criminal and driver history background checks of Consultant’s officers, employees, subcontractors, or agents. Consultant shall immediately reassign any such individual who in the opinion of the City does not pass the background check. O. Liens and Encumbrances. Consultant, for itself, and on behalf of all subcontractors, suppliers, materialmen and others claiming by, through or under Consultant, hereby waives and releases any and all statutory or common law Exhibit B 70 of 346 33 Revised 10-14 mechanics’ materialmens’ or other such lien claims, or rights to place a lien upon City property or any improvements thereon in connection with any Services performed under or in connection with this Agreement. Consultant further agrees, as and to the extent of payment made hereunder, to execute a sworn affidavit respecting the payment and lien releases of all subcontractors, suppliers and materialmen, and a release of lien respecting the Services at such time or times and in such form as may be reasonably requested by City. Consultant shall protect City from all liens for labor performed, material supplied or used by Consultant and/or any other person in connection with the Services undertaken by consultant hereunder, and shall not at any time suffer or permit any lien or attachment or encumbrance to be imposed by any subConsultant, supplier or materialmen, or other person, firm or corporation, upon City property or any improvements thereon, by reason or any claim or demand against Consultant or otherwise in connection with the Services. P. Notices. Every notice or other communication to be given by either party to the other with respect to this Agreement, shall be in writing and shall not be effective for any purpose unless the same shall be served personally or by United States certified or registered mail, postage prepaid, addressed if to City as follows: City of Evanston, 2100 Ridge Avenue, Evanston, Illinois 60201, Attention: Purchasing Division and to Consultant at the address first above set forth, or at such other address or addresses as City or Consultant may from time to time designate by notice given as above provided. Q. Attorney’s Fees. In the event that the City commences any action, suit, or other proceeding to remedy, prevent, or obtain relief from a breach of this Agreement by Consultant, or arising out of a breach of this Agreement by Consultant, the City shall recover from the Consultant as part of the judgment against Consultant, its attorneys’ fees and costs incurred in each and every such action, suit, or other proceeding. R. Waiver. Any failure or delay by City to enforce the provisions of this Agreement shall in no way constitute a waiver by City of any contractual right hereunder, unless such waiver is in writing and signed by City. S. Severability. In the event that any provision of this Agreement should be held void, or unenforceable, the remaining portions hereof shall remain in full force and effect. T. Choice of Law. The rights and duties arising under this Agreement shall be governed by the laws of the State of Illinois. Venue for any action arising out or due to this Agreement shall be in Cook County, Illinois. The City shall not enter into binding arbitration to resolve any dispute under this Agreement. The City does not waive tort immunity by entering into this Agreement. U. Time. Consultant agrees all time limits provided in this Agreement and any Addenda or Exhibits hereto are of essence to this Agreement. Consultant shall continue to perform its obligations while any dispute concerning the Agreement is being resolved, unless otherwise directed by the City. Exhibit B 71 of 346 34 Revised 10-14 V. Survival. Except as expressly provided to the contrary herein, all provisions of this Agreement shall survive all performances hereunder including the termination of the Consultant. VI. EQUAL EMPLOYMENT OPPORTUNITY In the event of the Consultant’s noncompliance with any provision of Section 1-12-5 of the Evanston City Code, the Illinois Human Rights Act or any other applicable law, the Consultant may be declared nonresponsible and therefore ineligible for future contracts or subcontracts with the City, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of the contract, the Consultant agrees as follows: A. That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, or age or physical or mental disabilities that do not impair ability to work, and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. Consultant shall comply with all requirements of City of Evanston Code Section 1-12-5. B. That, in all solicitations or advertisements for employees placed by it on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, or disability. VII. SEXUAL HARASSMENT POLICY The Consultant certifies pursuant to the Illinois Human Rights Act (775 ILCS 5/2105 et. seq.), that it has a written sexual harassment policy that includes, at a minimum, the following information: A. The illegality of sexual harassment; B. The definition of sexual harassment under State law; C. A description of sexual harassment utilizing examples; D. The Consultant’s internal complaint process including penalties; E. Legal recourse, investigation and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission, and directions on how to contact both; and F. Protection against retaliation as provided to the Department of Human Rights. VIII. CONSULTANT CERTIFICATIONS Exhibit B 72 of 346 35 Revised 10-14 A. Consultant acknowledges and agrees that should Consultant or its subconsultant provide false information, or fail to be or remain in compliance with the Agreement, the City may void this Agreement. B. Consultant certifies that it and its employees will comply with applicable provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. Section 1201 et seq.) and applicable rules in performance under this Agreement. C. If Consultant, or any officer, director, partner, or other managerial agent o f Consultant, has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Consultant certifies at least five years have passed since the date of the conviction. D. Consultant certifies that it has not been convicted of the offense of bid rigging or bid rotating or any similar offense of any State in the U.S., nor made any admission of guilt of such conduct that is a matter of record. (720 ILCS 5/33 E-3, E- 4). E. In accordance with the Steel Products Procurement Act, Consultant certifies steel products used or supplied in the performance of a contract for public works shall be manufactured or produced in the U.S. unless the City grants an exemption. F. Consultant certifies that it is properly formed and existing legal entity, and as applicable, has obtained an assumed name certificate from the appropriate authority, or has registered to conduct business in Illinois and is in good standing with the Illinois Secretary of State. G. If more favorable terms are granted by Consultant to any similar governmental entity in any state in a contemporaneous agreement let under the same or similar financial terms and circumstances for comparable supplies or services, the more favorable terms shall be applicable under this Agreement. H. Consultant certifies that it is not delinquent in the payment of any fees, fines, damages, or debts to the City of Evanston. IX. INTEGRATION This Agreement, together with Exhibits A, B, C, and D sets forth all the covenants, conditions and promises between the parties with regard to the subject matter set forth herein. There are no covenants, promises, agreements, conditions or understandings between the parties, either oral or written, other than those contained in this Agreement. This Agreement has been negotiated and entered into by each party with the opportunity to consult with its counsel regarding the terms therein. No portion of the Agreement shall be construed against a party due to the fact that one party drafted that particular portion as the rule of contra proferentem shall not apply. In the event of any inconsistency between this Agreement, and any Exhibits, this Exhibit B 73 of 346 36 Revised 10-14 Agreement shall control over the Exhibits. In no event shall any proposal or contract form submitted by Consultant be part of this Agreement unless agreed to in a writing signed by both parties and attached and referred to herein as an Addendum, and in such event, only the portions of such proposal or contract form consistent with this Agreement and Exhibits hereto shall be part hereof. IN WITNESS WHEREOF, the parties hereto have each approved and executed this Agreement on the day, month and year first above written. CONSULTANT: CITY OF EVANSTON 2100 RIDGE AVENUE EVANSTON, IL 60201 By ________________________ By:________________________ Its: ________________________ Its: City Manager FEIN Number: _______________ Date: _____________________ Date: _______________________ Exhibit B 74 of 346 37 Revised 10-14 EXHIBIT A – Project Milestones and Deliverables This EXHIBIT A to that certain Consulting Agreement dated _______ between the City of Evanston, 2100 Ridge Avenue, Evanston, Illinois, 60201(―City‖) and _______________ (―Consultant‖) sets forth the Commencement and Completion Date, Services, Fees, and Reimbursable Expenses as follows: I. COMMENCEMENT DATE: ____________________ II. COMPLETION DATE: ________________________ III. FEES: IV. SERVICES/SCOPE OF WORK: As defined in RFP # 15-51 (Exhibit B) and Consultants Response to Proposal (Exhibit C) Dated: ______________ Exhibit B 75 of 346 Civil/Site Engineering Transportation Engineering Municipal Engineering Construction/Resident Engineering Stormwater Management Structural Engineering Water/Wastewater Engineering Natural Resources CITY OF EVANSTON PROPOSAL FOR HOWARD STREET TRAFFIC SIGNAL / INTERSECTION IMPROVEMENT DESIGN ENGINEERING SERVICES KEDZIE AVENUE / SHOPPING CENTER & SACRA MENTO AVENUE / SHOPPING CENTER RFP NUMBER: 15-51 ORIGINAL PROPOSAL DEADLINE: 2:00 P.M. AUGUST 4, 2015 CONTACT: Joseph Chiczewski, P.E. 1979 North Mill Street, Suite 100 Naperville, Illinois 60563 630.420.1700 jchiczewski@esiltd.com 1979 North Mill St., Suite 100, Naperville, IL 60563 753 Windsor Road, Charleston, IL 61920 208 LaSalle Street, Suite 1705, Chicago, IL 60604 632 Davis Circle, Crown Point, IN 46307 4580 Klahanie Drive SE, Suite 293, Issaquah, WA 98029 www.esiltd.com Exhibit C 76 of 346 TABLE OF CONTENTS CITY OF EVANSTON RFP 15-51 HOWARD STREET TRAFFIC SIGNAL / INTERSECTION IMPROVEMENT KEDZIE AVENUE / SHOPPING CENTER & SACRAMENTO AVENUE / SHOPPING CENTER CITY OF EVANSTON HOWARD STREET TRAFFIC SIGNAL/INTERSECTION IMPROVEMENT DESIGN ENGINEERING SERVICES KEDZIE AVENUE / SHOPPING CENTER & SACRAMENTO AVENUE / SHOPPING CENTER RFP 15-51 COVER LETTER EXECUTIVE SUMMARY ESI COMPANY PROFILE QUALIFICATIONS OF FIRM SIMILAR EXPERIENCE LIST OF ILLINOIS MUNICIPAL CLIENTS IDOT STATEMENT OF EXPERIENCE & FINANCIAL CONDITION QUALIFICATIONS OF TEAM PROJECT TEAM ESI TEAM ORGANIZATIONAL CHART STATEMENT OF PROPOSED INVOLVEMENT OF M/W/EBE’S RESUMES OF PROJECT TEAM FEES PRICE / COST FORM REQUIRED FORMS EXHIBIT A: DISCLOSURE OF OWNERSHIP INTERESTS EXHIBIT B: ADDITIONAL INFORMATION SHEET EXHIBIT C: CONFLICT OF INTEREST FORM EXHIBIT D: ACKNOWLEDGEMENT OF UNDERSTANDING EXHIBIT E: ANTI-COLLUSION AFFIDAVIT & PROPOSER’S CERTIFICATION EXHIBIT F: CITY OF EVANSTON M/W/EBE POLICY EXHIBIT G: M/W/EBE PARTICIPATION CERTIFICATION CERTIFICATE OF INSURANCE MBE / WBE / EBE CERTIFICATIONS Exhibit C 77 of 346 CITY OF EVANSTON RFP 15-51 HOWARD STREET TRAFFIC SIGNAL / INTERSECTION IMPROVEMENT KEDZIE AVENUE / SHOPPING CENTER & SACRAMENTO AVENUE / SHOPPING CENTER COVER LETTER EXECUTIVE SUMMARY ESI COMPANY PROFILE Cover Letter Exhibit C 78 of 346 1979 N. Mill Street, Suite 100, Naperville, Illinois 60563 phone 630.420.1700 fax 630.420.1733 www.esiltd.com August 4, 2015 Ms. Linda Thomas Purchasing Specialist City of Evanston Lorraine H. Morton Civic Center 2100 Ridge Avenue, Room 4200 Evanston, Illinois 60201 Re: RFP #15-51: Howard Street Traffic Signal/Intersection Improvement Design Engineering Services: Kedzie Avenue / Shopping Center & Sacramento Avenue / Shopping Center Dear Ms. Thomas: ESI Consultants (ESI) is pleased to submit our proposal to perform the professional engineering services required for the Howard Street Traffic Signal and Intersection Improvement Design Engineering. Not only have we reviewed the RFP and Addendum #1, we have also visited the site to get a more thorough understanding of what this project entails. We have attached a copy of our company profile which provides a short introduction to our firm. ESI is confident that our similar experience along with our outstanding references will demonstrate our ability to perform the requested services. While ESI has the requisite IDOT prequalification to perform the work, we are committed to participation by M/W/EBE firms. Our project team includes AES Services (Minority Owned Firm) who adds to our depth and experience that is necessary to complete the project. Working together with AES will help us to achieve, and even exceed, the 25% participation goal. ESI is large enough to be responsive to the City’s needs but small enough to address the detailed service that will make this project successful. The work will be substantially performed at our nearby Naperville and Chicago offices. We take no exception to the standard Professional Services Agreement. We have provided you with a copy of our Proposal in electronic format in accordance with Section 4.0 of the Request for Proposal. We welcome the opportunity to meet and further discuss opportunities for us to serve the City of Evanston. If you have any questions or comments, please feel free to contact us at our headquarters in our Naperville office (630) 420-1700, Ext 2101; or by e-mail at jchiczewski@esiltd.com. Sincerely, ESI CONSULTANTS, LTD. Joseph Chiczewski, P.E. President / Principal Attachments Exhibit C 79 of 346 EXECUTIVE SUMMARY CITY OF EVANSTON RFP 15-51 HOWARD STREET TRAFFIC SIGNAL / INTERSECTION IMPROVEMENT KEDZIE AVENUE / SHOPPING CENTER & SACRAMENTO AVENUE / SHOPPING CENTER ESI Consultants, Ltd. (ESI) should be selected for the Howard Street Traffic Signal Intersection Improvement Design Engineering Services for the following key reasons. • Our Understanding of Key Project Issues • ESI’s Assigned Staff’s Proven Successful Similar Experience Our Understanding of Key Project Issues Almost any engineering firm can design a traffic signal and intersection geometric improvements. However, not everyone has the same experience and understanding of the key project issues. We have field checked the project and understand the unique aspects on this project. Kedzie Ave, south of Howard St, is a major collector on the CDOT roadway network, however north of Howard St, it becomes the Jewel Shopping Center Drive. This means there is a significant amount of turning traffic to/from Kedzie Ave from/to Howard St. The alignment of Jewel Shopping Center Drive has a horizontal curve which creates issues with storage and sight distance. To further complicate the intersection, there is a “fifth leg”, Channel Rd that runs parallel to Kedzie Ave. It operates on its own phase, although it is often blocked by eastbound vehicles that have pulled up to far. The intersection of Howard St at Sacramento appears to be much less complex, however we note that there is a significant amount of pedestrian traffic. We can only assume this will be even greater once there is a signalized crossing, therefore we must ensure that we provide a safe ADA compliant crossing. Our assigned team members have worked with the critical issues enough to know how to address issues BEFORE they become problems and to make your work more successful and move smoothly. And we won’t overcomplicate the project because we have done projects with similar issues many times before. We understand the unique needs of addressing a complicated intersection and we will quickly move to viable designs that are safe and efficient for all users. We have successfully designed other complex intersections, such as: Lily Cache at Lindsey Lane in Bolingbrook, in which the initial design was for a 3-lane intersection, but had to incorporate a planned future 4th leg; and County Line Rd at Lake St Frontage/Connector A/Connector B on our Northlake project, that required unique phasing to accommodate the traffic movements due to the tight geometric constraints and limited sight distance… not to mention our ongoing work with Evanston on the Emerson/Ridge/Green Bay intersection. Most importantly, we will listen. This may seem simple but it is often missed on projects. We know the engineering and understand key project issues as stated above. But we are experienced enough to understand that we do not know everything there is to know about the project, nor do we know all the issues that are to be addressed. That is why from the very start we will listen. Listen to Evanston staff, Evanston Residents, and other stake holders and users of the system. This approach has proven success on projects such as Downtown Long Grove and Elmhurst / Northlake’s AJR. And we will continue to listen and seek input throughout the project. Because we have expertise with the required permitting (for example, our staff has permitted many projects with Cook County, Chicago, IDOT and other agencies), we won’t get bogged down with re-designs in the permitting stage. Since we have practical experience getting projects built, we can anticipate many issues that would arise in construction. Our key staff has worked with IDOT and CDOT standards and understands how to apply the standards to each Exhibit C 80 of 346 EXECUTIVE SUMMARY CITY OF EVANSTON RFP 15-51 HOWARD STREET TRAFFIC SIGNAL / INTERSECTION IMPROVEMENT KEDZIE AVENUE / SHOPPING CENTER & SACRAMENTO AVENUE / SHOPPING CENTER particular design component. Whether it comes to working on Traffic Signals (IL 64 at 1st Street, Randall Road corridor and many more) or intersection reconfigurations/geometric improvements (IL 53 at South Arsenal Rd, North Ave at County Line Road/I-294 Access), we have the proven experience. Perhaps you are more concerned with ADA Compliance – then who better to select than ESI who is serving as Chicago Central Area ADA Construction Services team. Our Project Manager’s and team’s proven successful experience covers each of the key issues identified ESI’s Assigned Staff’s Proven Successful Similar Experience ESI’s key project personnel and our team member’s personnel have the depth and experience to work with the Evanston and CDOT staff in providing critical insight to the design issues and buildable, cost effective solutions. This perspective is demonstrated by the range of our work for various municipalities, public agencies and other clients. Key project staff has gained valuable experience working for public agencies as well as working as municipal engineers/professionals on similar projects. An abbreviated listing of our recent similar projects are as follows (with additional details in the Qualifications of Firm section): • Lily Cache at Lindsey (Traffic Signal & Intersection Design), Bolingbrook • IL 53 at South Arsenal Rd (Traffic Signal and Intersection Design), Wilmington/JADA • Kane County 2012 HSIP Project –Randall Road Corridor (Traffic Signal Design) • 95th at Knoch Knolls (Traffic Signal & Intersection Design), Naperville • North Avenue at County Line Road/I-294 Access (Traffic Signal & Intersection Design), Northlake • Warrenville Rd – Roadway Improvements and Bicycle Accommodations (Traffic Signal Design), DuPage County • First Street Redevelopment (Traffic Signal & Intersection Design), St. Charles • IDOT District One – Traffic Studies Program Management • Emerson/Ridge/Green Bay (Traffic Signal & Intersection Design), Evanston The people you see on this proposal are the people with this experience. Most notably, our Area/Regional (Project) Manager, James Yuratovac, P.E., has extensive experience with a variety of traffic engineering projects. His safety minded focus (having spent several years managing IDOT District One’s HSIP program) on similar projects allows him to have key insights on the project issues. Mark Reznicek, P.E. will serve as the QA/QC reviewer for the project. Mr. Reznicek has over 30 years experience in Phase 1 and Phase 2 engineering projects. The above individuals will be further supported by our experienced support staff of engineers and CAD designers, as well as our MBE sub-consultant, AES Services. Exhibit C 81 of 346 FIRM SUMMARY www.esiltd.com ESI Consultants, Ltd. Principals o Joseph Chiczewski, P.E., President o Anthony Malone, P.E., Vice President o David Clark, P.E., Vice President o Kevin Hayes, P.E., A.I.A. Vice President Office Locations: Illinois o Naperville (630) 420-1700 o Charleston (217) 348-1900 o Chicago (312) 277-1700 Washington o Issaquah (206) 200-2095 Indiana o Crown Point (219) 281-2818 Licensed for Structural and Professional Engineering and Surveying. Our subsidiary Eco Solutions Inc. is Licensed in Architecture. ESI is an S Corporation founded in 2003 in Illinois with approximately 50 technical and support staff; Our principals / staff associations include the following: AIA, APWA, ACEC, IRTBA, ITE, IAF SM, SEAOI, IAPD, IML, AWWA, CMAA, IPLS, NSPE, various local organizations. Professional Services: Municipal Engineering Structural Engineering Transportation Engineering Water/Wastewater Engineering Construction Engineering Civil/Site Engineering Natural Resources Environmental Engineering Parks & Recreation Facilities Stormwater Management Architecture (Eco Solutions, Inc.) Surveying Services The mission of ESI Consultants, Ltd. is to provide professional planning, design, construction, infrastructure, environmental, architectural and engineering services to public, private, and institutional clients. We accomplish our mission through our core values of: Excellence in our people, Service of the highest quality, and Integrity of client relationships, community support, and environmental stewardship. Pre-Qualifications: Prequalified in Airports - Design, Environmental Assessment, Freeways, Roads and Streets, Hydraulic Reports - Pump Stations and Waterways: Complex, Hydraulic Reports - Waterways: Typical, Location Design Studies - New Construction/Major Reconstruction, and Reconstruction/Major Rehabilitation, and Rehabilitation, Special Services - Construction Inspection ; Sanitary ; Surveying ; Feasibility ; Location Drainage ; Safety ; Lighting (A); Traffic Signals; Traffic Studies ; Structures - Highway: Simple and Highway: Typical / Advanced (A) Capital Development Board in Architecture, Structural Engineering, Civil Engineering Stormwater Review Specialists and Enforcement Officers Designated Erosion Control Inspector ; Internationally Certified Prof. in Erosion and Sediment Control Recent Awards: ACEC Engineering Excellence Award – I-88 IL 56 to Orchard Road ACEC Engineering Excellence Award – Interstate 294 at Interstate 290/Illinois Route 64 ACEC Engineering Excellence Award – Long Grove Community Water System ACEC Engineering Excellence Award – Archer Rd. & Parking Lot Reconstruction ACEC Engineering Excellence Award – Danville Stadium and Parking Lot Reconstruction ACEC Engineering Excellence Award – Long Grove Historic Downtown Master Plan and Streetscape ACEC Engineering Excellence Award – First Street Streetscape Redevelopment, St. Charles APWA Public Works: Project of the Year for Environment – First Street Redevelopment Project of the Year, Chicago for Jackson Drive Bridge 3 Time Zweig Group Hot Firm Award Winner! Business Hall of Fame Award – Best of Naperville Awards for Civil Engineers Exhibit C 82 of 346 CITY OF EVANSTON RFP 15-51 HOWARD STREET TRAFFIC SIGNAL / INTERSECTION IMPROVEMENT KEDZIE AVENUE / SHOPPING CENTER & SACRAMENTO AVENUE / SHOPPING CENTER QUALIFICATIONS OF FIRM SIMILAR EXPERIENCE LIST OF ILLINOIS MUNICIPAL CLIENTS IDOT STATEMENT OF EXPERIENCE & FINANCIAL CONDITION Qualifications of Firm Exhibit C 83 of 346 ESI Consultants, Ltd. PROJECT EXPERIENCE This project reflects Firm and Staff experience. LILY CACHE TRAFFIC SIGNAL BOLINGBROOK, ILLINOIS This project included traffic signal installation, pedestrian signals and street lighting in order to accommodate the pedestrian and car traffic for the Village of Bolingbrook. The project involved complying with specific standards set by the Village of Bolingbrook. The project scope also included quantity calculations, coordination with utility companies, and coordination with the Village and developer to facilitate staged construction for an ultimate four-legged intersection. Critical elements were traffic signal upgrades to include pedestrian phases, upgrades of lighting, new traffic signals and an expedited schedule for plan preparation. The traffic signal included emergency vehicle pre-emption and pedestrian phasing. Client: Village of Bolingbrook Contact: Ivan Straka, Village Engineer Phone: 630-226-8858 Dates: 2008 - 2010 Services Provided: • Traffic Signal Design • Final Engineering Plans, Specifications & Construction Cost Estimates • Bid Documents • Video Detection System • Coordination of Staged Construction at the Intersection Exhibit C 84 of 346 ESI Consultants, Ltd. PROJECT EXPERIENCE This project reflects Firm and Staff experience. SOUTH ARSENAL ROAD AT ILLINOIS ROUTE 53 WILMINGTON, ILLINOIS The project involved the Preliminary Engineering and preparation of a Traffic Impact Analysis for Joliet Arsenal Development Authority (JADA) for the 1075 acre site located just north of South Arsenal Road and east of IL 53 in Wilmington. Site access is significantly restricted due to the surrounding Midewin National Tallgrass Prairie and the federal legislation that restricts construction of new roads through this National Prairie. This limits access for the entire parcel to South Arsenal Road. The analysis evaluated the anticipated traffic impacts to the surrounding adjacent routes resulting from the proposed site development and provided guidance on the design of the roadway access system. Site generated trips were distributed from South Arsenal Road to the local and regional roadway system which included I-55, IL 53 and Peotone Road (both Strategic Regional Arterials), and several county, township, and municipal routes. The final report, which received approval from Will County, the City of Wilmington, IDOT and the proposed master developer, included a description of existing conditions, data collection and analysis, evaluation of data, and conclusions and recommendations. Upon approval of the report, ESI developed preliminary engineering for the overall program to establish staged construction and budgeting that would accommodate the proposed economic development and address constrained City budgets. The overall program included over a dozen separate projects totaling over $25,000,000 and funded through a variety of state, federal local and private funding (including Economic Development Program Funding). During this process ESI worked with JADA and the City to develop a form of economic development credits that allowed segments of the project to continue to move forward with funding even after the initial developer dropped out. ESI then prepared each of the separate segments project reports depending on the specific funding source. For the intersection of S. Arsenal and IL 53 a State Improvement report was required for the economic development funds to be released. ESI then assisted the City and JADA in moving the funding sources forward and finalizing the design and construction. Client: Joliet Arsenal Development Authority 3180 Theodore Street, Suite 103, Joliet, IL 60435 Contact / Phone: Rick Kwasneski / (815) 722-9700 Dates: Ph. 1: 2013 – 2014 / Ph. 2: 2014 to present Service Provided: • Traffic Data Collection • Field Survey • Preliminary Design Studies • Environmental Data Collection and Coordination • Final Engineering, Plans, Specifications and Construction Cost Estimates • Drainage Studies • Project Development Report • Intersection Design Study • Traffic Signal Design Exhibit C 85 of 346 ESI Consultants, Ltd. PROJECT EXPERIENCE This project reflects Firm and Staff experience. 2012 KANE COUNTY HIGHWAY SAFETY IMPROVEMENT PROJECT KANE COUNTY, ILLINOIS The project included a review of the existing crash data along three Kane County routes (Burlington Road, Huntley Road and Randall Road) and preparation of a Crash Analysis Report. The intent of the analysis is to provide support for KDOT’s proposed improvements and to suggest additional improvements/countermeasures as appropriate. Burlington Road was generally a two lane undivided highway within the project limits from Lenschow Road to IL Route 64 (12.9 miles). Huntley Road was generally a two lane undivided highway within the project limits from Kane/McHenry County Line to Sleepy Hollow Road (5.0 miles). The proposed safety improvements along both of these routes included signing upgrades, centerline rumble strip and edgeline rumble stripe. Randall Road is a Strategic Regional Arterial Route and is generally a four lane divided highway encompassing 17 traffic signals within the project limts. The proposed safety improvements along Randall Road included traffic signal modernization, flashing yellow arrow (FYA) installation for protected/permissive left turns, and driver feedback signs. ESI was retained to provide Phase I/II engineering services. Client: Kane County Division of Transportation 41W011 Burlington Road, St. Charles, IL 60175 Contact: Tom Szabo Phone: (630) 584-1170 Dates: 2012 - 2014 Services Provided: • Traffic Data Collection • Safety Studies and Reports • Preparation of contract plans, specifications, and estimates • Intersection/Traffic Signal Plans • Roadway Plans (Rumble Stripe) • Public Involvement/Coordination • Project Administration Exhibit C 86 of 346 ESI Consultants, Ltd. PROJECT EXPERIENCE This project reflects Firm and Staff experience. TRAFFIC SIGNAL DESIGN AT 95TH AND KNOCH KNOLLS ROAD NAPERVILLE, ILLINOIS This project includes the design of a traffic signal installation at the intersection of 95th Street and Knoch Knolls Road. The intersection is currently a four-way stop. 95th Street is a five-lane arterial under the jurisdiction of Will County Highway Department. The north leg of Knoch Knolls Road is a three-lane collector and the south leg of Knoch Knolls Road is a two-lane neighborhood connector both under the jurisdiction of the City of Naperville. The extension of 95th Street to Boughton Road is currently under construction. The 95th Street PDR indicates that this section of road will operate in a free flow condition and that the City will install a traffic signal at the intersection of Knoch Knolls Road when warrants are met. The purpose of this project is to evaluate the warrant for signalization and prepare an IDS and signal installation plan. It is anticipated the signal will interconnect with the existing signal at 95th and Plainfield Naperville Road. It is the City’s intent for this signal installation to be constructed concurrently with the 95th Street project and be ready for turn-on prior to the opening of the new roadway extension. Client: City of Naperville 400 S. Eagle Street, Naperville, IL Contact: Andy Hynes Phone: (630) 548-2958 Dates: 2014 Services Provided: • Intersection Design Study • Traffic Signal Design • Construction Cost Estimates Exhibit C 87 of 346 ESI Consultants, Ltd. PROJECT EXPERIENCE This project reflects Firm and Staff experience. NORTH AVENUE AT COUNTY LINE ROAD / I-294 ACCESS NORTHLAKE / ELMHURST, ILLINOIS The Award Winning project involved Phase 1 and 2 engineering services, including the preparation of a regional traffic evaluation and corridor study which investigated the feasibility of adding access to eastbound IL 64 from southbound I-294 at County Line Road. The existing configuration is a complex intertwining of two interstate expressways (I- 294 and I-290), two strategic regional arterials (IL 64 (North Ave) and US 20 (Lake Street)) and several frontage roads including County Line Road. There are numerous bridges, underpasses, ramps, connector roads, and traffic signals that facilitate the movement of traffic along and between the various routes. The initial effort included traffic counts, an origin-destination study, crash analysis, geometric studies, and operational analysis of the viable design alternatives. In addition to traffic safety and operational impacts, the study evaluated the environmental and socio-economic impacts to the adjacent neighborhoods and to each community as a whole. In consultation with Northlake, Elmhurst, Cook County, IDOT, and ISTHA, the ESI Team prepared a Phase 1 Study featuring an innovative concept that proposes to widen the bridge carrying Lake Street over North Avenue to accommodate a counter-flow ramp. Community outreach and funding assistance was also provided. Upon conclusion of the Phase 1 portion of the project, ESI began the Phase 2 portion. This is currently underway and is scheduled for construction in 2016. Clients: City of Northlake & North Central Council of Mayors 55 E. North Avenue, Northlake, IL 60164 Contact/Phone: Jeffrey Sherwin / (708) 343-8700 (Northlake) Leonard Cannata / (708) 453-9100 (NCCM) Dates: Ph. 1: 2012 – 2014 / Ph. 2: 2014 - Present Services Provided: • Traffic Data Collection • Origin-Destination Study • Regional Modeling • Operational Analysis of the surrounding interchanges. • Crash Analysis Reports • Geometric Studies/Design Alternatives • Intersection Design Studies • Traffic Signal Design • Final Engineering Plans, Specifications & Construction Cost Estimates Exhibit C 88 of 346 ESI Consultants, Ltd. PROJECT EXPERIENCE This project reflects Firm and Staff experience. WARRENVILLE ROAD – ROADWAY IMPROVEMENTS AND BICYCLE ACCOMODATIONS DUPAGE COUNTY, ILLINOIS Planning and design engineering services were provided for concept studies and the preparation of contract plans, specifications and estimates for roadway modifications and improvements that accommodated on-street bicyclists. Intersection improvements, traffic signal modernization, patching, curb & gutter, and shoulder & parkway improvements, including sideway modifications for ADA compliance, were all included as part of the project. The project also involved field survey, concept studies, drainage studies, the development of plan sheets, calculation of contract quantities, assembling of project specifications, and development of the project cost estimate for a 3 mile length of this county route. Client: DuPage County – Division of Transportation Contact/Phone: Chris Snyder / (630) 407-6910 Dates: 2012-2014 Service Provided: • Field Survey • Concept Studies • Drainage Studies • Traffic Signal Design • Contract Plan Preparation • Permitting • Cost Estimates Exhibit C 89 of 346 ESI Consultants, Ltd. PROJECT EXPERIENCE This project reflects Firm and Staff experience. FIRST STREET REDEVELOPMENT ST. CHARLES, ILLINOIS This project was a part of a larger award winning downtown redevelopment project. The project received the 2009 ACEC Engineering Excellence Award and the 2009 APWA Public Works Project of the Year in the category of Environment for the Fox Valley Branch and the Chicago Metro Chapter. Traffic Signals and an island median at First Street and Route 64 (Main Street) were revised because of the geometry modifications of the pavement areas. The City also desired for the median to be landscaped as the entrance to their new downtown retail center. The First and Main intersection required an Intersection Design Study as a part of the IDOT permitting process. Parking was another major component of the downtown re-development design. With much of the existing parking being eliminated due to the re-development a new strategy had to be developed to satisfy the needs and concerns of existing businesses, City of St. Charles and the developer. A strategy which incorporated a mix of new on-street parking concepts and a parking deck was developed to satisfy all the needs and concerns of the parties involved. Coordination with the developer, the City and other permitting agencies, other team consultants and the many utility companies was required. Owner: City of St. Charles Contact: Christopher Tiedt, P.E. Phone: (630) 377-4486 Construction Cost: $4,000,000 (City’s portion only) Year(s) of Services: 2006-2008 Services Provided: • Streetscape & Riverwalk paths • Planning, Design and Permitting • Parking Lots & on-street parking • Storm Water Management • Drainage Design • Traffic Signal Modifications • Utility Adjustments/Relocations • Coordination with City and Developer • Permitting from IDOT was required for the Streetscape portion of the project. Exhibit C 90 of 346 ESI Consultants, Ltd. PROJECT EXPERIENCE This project reflects Firm and Staff experience. ILLINOIS DEPARTMENT OF TRANSPORTATION - DISTRICT ONE TRAFFIC STUDIES PROGRAM MANAGEMENT ESI served as the Program Management Consultant overseeing all traffic studies in the 6 county area of IDOT District One. The work performed included: • Managing and reviewing various traffic studies which are assigned and prepared under contract with other consultant engineering firms, including contract administration; • Reviewing and selecting candidate locations for possible inclusion in the Highway Safety Improvement Program (HSIP), including preparation of the annual submittal to the District and Statewide Safety Committees; • Reviewing and selecting candidate locations for possible inclusion in the Congestion Mitigation and Air Quality (CMAQ) Improvement Programs, including preparation of the annual submittal to the Chicago Metropolitan Agency for Planning (CMAP); • Managing and tracking project-level costs, schedules and budget requirements, and coordination with District personnel; • Facilitating regular progress meetings and briefings for IDOT including FHWA where details of project and progress are presented; • Performing reviews and analysis as required to respond to public letters and web- mails concerning traffic issues (typically involving requests for crash studies, warrant analysis, signal timing reviews, speed studies, capacity analysis, guardrail analysis); • Performing Traffic Counts including analysis of peak hour and 24 hour traffic. Client: Illinois Department of Transportation 201 Center Ct., Schaumburg, IL 60196 Contact: Lisa Heaven-Baum Phone: (847) 705-4158 Dates: 2007 - 2012 Services Provided: • Traffic Study Reviews • Traffic Study Preparation • Consultant Management • Traffic Counts Exhibit C 91 of 346 ESI Consultants, Ltd. PROJECT EXPERIENCE This project reflects Firm and Staff experience. EMERSON / GREEN BAY / RIDGE ROAD INTERSECTION IMPROVEMENTS EVANSTON, ILLINOIS The project involved Phase 1 and 2 engineering services for the complex interconnection of several arterial routes within the City of Evanston. The intersection of Emerson Street / Green Bay Road / Ridge Avenue provides a main transportation access to Downtown Evanston and to Northwestern University campus. Evanston's transportation system is multimodal in nature, with significant trips by cars, bicycles, pedestrians and public transit. Metra and the Chicago Transit Authority provide transit services to the region resulting in pedestrian and bicycle traffic along city streets connecting to the transit stations and bus stops. The preliminary engineering evaluations focused on improving pedestrian/bicycle accommodations and improving/simplifying traffic movements through this 5-legged triangle intersection. Green Bay Road from Emerson Street to McCormick Blvd was also evaluated for potential improvements. Based on feedback from the community, traffic analyses, safety analysis, and an assessment of existing and future conditions in the context of the regional transportation system , the project was developed to create an environmentally friendly “Complete Street” with roadway and drainage improvements, pedestrian path additions and improvements, bicycle accommodations, enhanced landscape/streetscape, street lighting, and traffic signal coordination. The goal was to allow for a more pedestrian / bicycle / transit friendly route while improving traffic safety, directional signing and traffic flow (or minimizing such impacts) and create a gateway to the community and downtown business district. Upon conclusion of the Phase 1 portion of the project, which achieved a broad base of public support, ESI began the Phase 2 portion. This is currently underway and is scheduled for construction in 2016. Key components of the work included an extensive public outreach program (one on one interviews, advisory committee meetings, public meetings, a project website and newsletters, etc) as well as extensive coordination with local businesses, the UPRR, IDOT, Metra, Pace and Northwestern University. Also included was funding assistance for STP, CMAQ and TAP funding. Client: City of Evanston Contact / Phone: Sat Nagar, City Engineer / (847) 328-2100 Dates: Ph. 1: 2013 – 2015 / Ph. 2: 2015 to Present Services Provided: • Traffic Data Collection • Intersection Design Studies • Traffic Signal Design • Topographic Survey • Drainage Design • Roadway Design • Public Meetings Exhibit C 92 of 346 ILLINOIS MUNICIPAL CLIENT LIST CITY OF EVANSTON RFP 15-51 HOWARD STREET TRAFFIC SIGNAL / INTERSECTION IMPROVEMENT KEDZIE AVENUE / SHOPPING CENTER & SACRAMENTO AVENUE / SHOPPING CENTER The list below is a listing of ESI’s Municipal Clients: Village of Bement Village of Bensenville Bloom Township Village of Bolingbrook Bond County Bridgeport Township Village of Buffalo Grove Village of Carpentersville Champaign County City of Champaign City of Charleston City of Chicago City of Chicago Heights Cook County Crawford County Cumberland County City of Danville City of Dekalb Village of Downers Grove DuPage County City of Effingham City of Elgin Village of Elizabeth City of Evanston City of Geneva Village of Glen Ellyn Village of Glenview Jasper County City of Joliet Lake County City of Lanark Lawrence County Village of Lemont Village of Lombard Village of Long Grove Village of Lovington Macon County Village of Marissa Moultrie County City of Mt. Carroll City of Naperville Village of Niles Village of North Aurora City of Northlake Village of Orland Park City of Paris Village of Roselle Village of Savoy Village of Schaumburg City of St. Charles Vermilion County City of West Chicago Will County City of Wilmington Exhibit C 93 of 346 June 27, 2014 Subject:PRELIMINARY ENGINEERING Consultant Unit Prequalification File Joseph Chiczewski ESI CONSULTANTS, LTD. 1979 N. Mill Street, Suite 100 Naperville, IL 60563 Dear Joseph Chiczewski, We have completed our review of your "Statement of Experience and Financial Condition" (SEFC) which you submitted for the fiscal year ending Dec 31, 2013. Your firm's total annual transportation fee capacity will be $12,800,000. Your firm's payroll burden and fringe expense rate and general and administrative expense rate totaling 138.27% are approved on a provisional basis. The actual rate used in agreement negotiations may be determined by our Office of Quality Compliance and Review in a pre-award audit. Your firm is required to submit an amended SEFC through the Engineering Prequalification & Agreement System (EPAS) to this office to show any additions or deletions of your licensed professional staff or any other key personnel that would affect your firm's prequalification in a particular category. Changes must be submitted within 15 calendar days of the change and be submitted through the Engineering Prequalification and Agreement System (EPAS). Your firm is prequalified until December 31, 2014. You will be given an additional six months from this date to submit the applicable portions of the "Statement of Experience and Financial Condition" (SEFC) to remain prequalified. Sincerely, John Baranzelli Acting Bureau Chief Bureau of Design & Environment Exhibit C 94 of 346 CATEGORY STATUS Highways - Freeways X Location Design Studies - New Construction/Major Reconstruction X Special Studies - Location Drainage X Special Studies - Safety X Location Design Studies - Reconstruction/Major Rehabilitation X Structures - Highway: Typical X Special Studies - Traffic Signals X Special Studies - Traffic Studies X Hydraulic Reports - Waterways: Complex X Structures - Highway: Simple X Hydraulic Reports - Pump Stations X Highways - Roads and Streets X Special Services - Construction Inspection X Special Services - Sanitary X Environmental Reports - Environmental Assessment X Special Studies - Feasibility X Airports - Design X Location Design Studies - Rehabilitation X Special Services - Surveying X Hydraulic Reports - Waterways: Typical X X PREQUALIFIED A NOT PREQUALIFIED, REVIEW THE COMMENTS UNDER CATEGORY VIEW FOR DETAILS IN EPAS. S PREQUALIFIED, BUT WILL NOT ACCEPT STATEMENTS OF INTEREST SEFC PREQUALIFICATIONS FOR ESI CONSULTANTS, LTD. Exhibit C 95 of 346 CITY OF EVANSTON RFP 15-51 HOWARD STREET TRAFFIC SIGNAL / INTERSECTION IMPROVEMENT KEDZIE AVENUE / SHOPPING CENTER & SACRAMENTO AVENUE / SHOPPING CENTER QUALIFICATIONS OF TEAM PROJECT TEAM ESI TEAM ORGANIZATIONAL CHART STATEMENT OF PROPOSED INVOLVEMENT OF M/W/EBE’S RESUMES Qualifications of Team Exhibit C 96 of 346 Design Support Greg Hickey Brian Henrichs Project Principal Joseph Chiczewski, P.E. Area/Regional (Project) Manager James Yuratovac, P.E. QA/QC Engineer Mark Reznicek, P.E. Local Manager (AES) Mike Hurtubise, P.E. Design Support Julian Gnatenco, P.E. Ned Borojevic Exhibit C 97 of 346 STATEMENT OF PROPOSED INVOLVEMENT OF M/W/EBE’S CITY OF EVANSTON RFP 15-51 HOWARD STREET TRAFFIC SIGNAL / INTERSECTION IMPROVEMENT KEDZIE AVENUE / SHOPPING CENTER & SACRAMENTO AVENUE / SHOPPING CENTER ESI Consultants, Ltd. joins with MBE firm AES Services, Inc. (AES) to supplement our services for the City on this project. This firm has partnered with ESI on past projects. Their involvement in significant and multiple roles on this project will allow us to meet or exceed the 25% MBE/WBE/EBE goal by providing traffic engineering support for the project. AES’s M/DBE certificate is included in the “Required Documents” section of this proposal. Prospective Firm: Services Provided AES Services, Inc. Design Support, Traffic Engineering – Local Manager. Exhibit C 98 of 346 JAMES YURATOVAC, P.E. Mr. Yuratovac has 16 years of experience involving intersection design studies, traffic signal design, traffic studies, safety studies, highway / roadway design, and site development. His expertise is in transportation and traffic engineering. He is also skilled in MicroStation/GeoPak, HCS, Synchro Studies, and a variety of other engineering and administrative software. EDUCATION: University of Illinois at Urbana-Champaign Bachelor of Science, Materials Science and Engineering, 1999 REGISTRATION: Professional Engineer: Illinois 062-060059 PROFESSIONAL ASSOCIATIONS: Institute of Transportation Engineers SELECTED CONTINUING EDUCATION: Advanced Traffic Capacity Workshop - UIUC Highway Capacity Design -ITE Highway Capacity Analysis – McTrans Traffic Engineering Fundamentals - McTrans Road Safety Assessment - IDOT Intersection Safety & Geometric Design Traffic Calming Design Guidelines Highway Signage (MUTCD) – ITTC Traffic Safety Performance and Services – IDOT/UIUC SELECTED PROJECT INVOLVEMENT 95TH & KNOCH KNOLLS TRAFFIC SIGNAL DESIGN, NAPERVILLE, IL - This project includes the design of a traffic signal installation at the intersection of 95th Street and Knoch Knolls Road. The intersection is currently a four-way stop. 95th Street is a five-lane arterial under the jurisdiction of Will County Highway Department. The north leg of Knoch Knolls Road is a three-lane collector and the south leg of Knoch Knolls Road is a two-lane neighborhood connector both under the jurisdiction of the City of Naperville. The extension of 95th Street to Boughton Road is currently under construction. The 95th Street PDR indicates that this section of road will operate in a free flow condition and that the City will install a traffic signal at the intersection of Knoch Knolls Road when warrants are met. The purpose of this project was to evaluate the warrant for traffic signalization and prepare an IDS and signal installation plan. It is anticipated the signal will interconnect with the existing signal at 95th and Plainfield Naperville Road. It was the City’s intent for this signal installation to be constructed concurrently with the 95th Street project and be ready for turn-on prior to the opening of the new roadway extension. KANE COUNTY HSIP 2012 - The project included a review of the existing crash data along three Kane County routes (Randall Road, Burlington Road and Huntley Road), preparation of a Crash Analysis Report, and preparation of contract plans specifications, and estimates. The intent of the analysis was to provide support for KDOT’s proposed improvements and to suggest additional improvements/ countermeasures as appropriate. Randall Road is a Strategic Regional Arterial Route and is generally a four lane divided highway encompassing 17 traffic signals within the project limits. The proposed safety improvements along Randall Road included; traffic signal modernization, flashing yellow arrow (FYA) installation for protected/permissive left turns, and driver feedback signs. Burlington Road and Huntley Road are generally two lane undivided highways with project lengths of 12.9 miles and 5.0 miles, respectively. The proposed safety improvements along both of these routes included signing upgrades, centerline rumble strip and edgeline rumble stripes. EMERSON/GREEN BAY/RIDGE INTERSECTION IMPROVEMENTS, EVANSTON, ILLINOIS - The unusual geometry of the intersection of these two arterials along with the adjacent intersection of Clark Street created a roadway hazard and confusion to motorists. On street parking, adjacent commercial and residential properties and sensitive streetscape issues further complicated the issues. Key components of the work included an extensive public outreach program (one on one interviews, advisory committee meetings, 3 public meetings, project website and newsletters, etc) as well as extensive coordination with local businesses, the UPRR, IDOT, Metra, Pace and Northwestern University. The project included enhanced landscaping / streetscape to create a gateway to the community and downtown business district. Also included was funding assistance for STP, CMAQ and TAP funding. The project was split into 2 stages to accommodate the various funding and scheduling issues. The project was developed to create an environmentally friendly “Complete Street” with roadway and drainage improvements, pedestrian path Exhibit C 99 of 346 JAMES YURATOVAC, P.E. additions and improvements, bike lane accommodations, enhanced streetscape, street lighting, and traffic signal coordination. SOUTH ARSENAL ROAD AT ILLINOIS ROUTE 53, WILMINGTON, ILLINOIS - Planning & design engineering services were provided for the intersection improvement of South Arsenal Road at Illinois Route 53 including the installation of traffic signals. The work included lighting design, drainage studies, environmental studies, intersection design studies, and the preparation of contract plans, specifications, and estimates. The project required coordination with IDOT and the City of Wilmington to secure Illinois Economic Development funding which provided full funding of the intersection improvement (no local cost). LILY CACHE LANE AND LINDSEY LANE, BOLINGBROOK, ILLINOIS - This project included traffic signal installation, pedestrian signals and street lighting in order to accommodate the pedestrian and car traffic. The project scope also included quantity calculations, coordination with utility companies, and coordination with the Village and developer to facilitate staged construction for an ultimate four-legged intersection. Critical elements were traffic signal upgrades to include pedestrian phases, upgrades of lighting, new traffic signals and expedited schedule for plan preparation. The traffic signal included emergency vehicle pre-emption and pedestrian phasing. NORTH AVE(IL 64)/US 20 AT I-294 / COUNTY LINE ROAD, ELMHURST / NORTHLAKE, ILLINOIS – The project involved planning and design engineering services including the preparation of a regional traffic evaluation and corridor study which investigated the feasibility of adding access from southbound I-294 to eastbound IL 64 (North Avenue). The initial effort included traffic counts, an origin-destination study, crash analysis, geometric studies, and operational analysis of the viable design alternatives. In addition to traffic safety and operational impacts, the study evaluated the environmental and socio-economic impacts to the adjacent neighborhoods and to each community as a whole. In consultation with Northlake, Elmhurst, Cook County, IDOT, and ISTHA, the ESI Team prepared an Interchange Type Study featuring an innovative concept that proposes to widen the bridge carrying US 20 over IL 64 to accommodate a counter-flow ramp. Community outreach and funding assistance was also provided. FIRST STREET REDEVELOPMENT, CITY OF ST. CHARLES, ILLINOIS- Assisted with the planning and design for the redevelopment of a five block area along the Fox River in St. Charles. Services were provided for both the City and the Developer. As the original area had been constructed and redeveloped several times over the last several decades, the City desired to have a master design of the entire area both under the ground and at the surface. First Street was realigned to create a uniform street section in a uniform right of way. Various on-street and off-street parking layouts and street widths were considered and examples in nearby communities were observed to understand how they functioned during congested times. Traffic signal and interconnect plans were prepared for the City and IDOT. Building layouts, utility connections and grading components were provided to the developer. WARRENVILLE ROAD ROADWAY IMPROVEMENTS AND BICYCLE ACCOMODATIONS / DUPAGE COUNTY – Planning and Design engineering services for the preparation of contract plans, specifications and estimates. Proposed improvements include widening of the roadway at various locations, shoulder modifications, and traffic signal improvements to provide a median for left turn channelization and to provide roadside bicycle accommodations along the 3 mile corridor. The project involved field survey, concept studies, development of roadway and drainage plans, traffic signal design, calculation of contract quantities, assembling of project specifications, and development of the project cost estimate. Exhibit C 100 of 346 CITY OF EVANSTON RFP 15-51 HOWARD STREET TRAFFIC SIGNAL / INTERSECTION IMPROVEMENT KEDZIE AVENUE / SHOPPING CENTER & SACRAMENTO AVENUE / SHOPPING CENTER FEES PRICE / COST FORM Fees Exhibit C 101 of 346 PRICE/COST FORM CITY OF EVANSTON RFP 15-51 HOWARD STREET TRAFFIC SIGNAL / INTERSECTION IMPROVEMENT KEDZIE AVENUE / SHOPPING CENTER & SACRAMENTO AVENUE / SHOPPING CENTER Tasks Hours Cost Comments Project Initiation and Kick-Off 16 $2,500 Data Collection 33 $3,100 This includes peak hour AM & PM (2 hrs each) traffic counts. Construction Plans, Specifications & Cost Estimates 372 $42,700 In addition to the Traffic Signal & Interconnect plans, this fee includes: • preparation of IDS’s for each intersection • engineering plans & specifications related to the intersection geometric improvements and reconfiguration of the Jewel Shopping Center Drive o alignment & ties o plan & profile sheets o cross sections o drainage & utility sheets o pavement marking & signage Project Administration and Coordination 78 $11,200 Total Cost 499 $59,500 * Project fee is based upon scope included in the RFP and is subject to final negotiated scope of work with the City of Evanston. Exhibit C 102 of 346 CITY OF EVANSTON RFP 15-51 HOWARD STREET TRAFFIC SIGNAL / INTERSECTION IMPROVEMENT KEDZIE AVENUE / SHOPPING CENTER & SACRAMENTO AVENUE / SHOPPING CENTER REQUIRED FORMS EXHIBIT A – DISCLOSURE OF OWNERSHIP INTERESTS EXHIBIT B – ADDITIONAL INFORMATION SHEET EXHIBIT C: – CONFLICT OF INTEREST FORM EXHIBIT D – ACKNOWLEDGEMENT OF UNDERSTANDING EXHIBIT E – ANTI-COLLUSION AFFIDAVIT AND PROPOSER’S CERTIFICATION EXHIBIT F – CITY OF EVANSTON M/W/EBE POLICY EXHIBIT G - M/W/EBE PARTICIPATION COMPLIANCE FORM CERTIFICATE OF INSURANCE Fees Exhibit C 103 of 346 Exhibit C 104 of 346 Exhibit C 105 of 346 Exhibit C 106 of 346 Exhibit C 107 of 346 Exhibit C 108 of 346 Exhibit C 109 of 346 Exhibit C 110 of 346 Exhibit C 111 of 346 Exhibit C112 of 346 Exhibit C113 of 346 Exhibit C114 of 346 Certification: View Certification List Add Date Alert Vendor Information Business Name AES Services, Inc., DBA AES Services, Inc. VendorID 20070091 Primary Owner's Name Mr SALEEM MOHAMMED Ethnic Group Asian American Gender Male Certification Information Certifying Agency City of Chicago Certification Type MBE - Minority Business Enterprise Effective Date 4/29/2015 Renewal/Anniversary Date 10/1/2015 Contact Information Main Company Email msaleem@aesser.com Main Phone 312-235-6783 Main Fax 312-235-6784 Internet Web Page http://www.aesser.com Addresses Physical Address 111 S. Wacker Dr Suite 3910 Chicago, IL 60606 Mailing Address 111 S. Wacker Dr Suite 3910 Chicago, IL 60606 Business Capabilities Business certified for NAICS 541330 Civil engineering services NAICS 541330 Traffic engineering consulting services NAICS 541370 Land surveying services Full Description of Capabilities/Products NAICS 541330 Civil engineering services NAICS 541330 Traffic engineering consulting services NAICS 541370 Land surveying services Commodity Codes NAICS 541330 Civil engineering services (More) NAICS 541330 Traffic engineering consulting services (More) NAICS 541370 Land surveying services (More) Owner Ethnicity and Gender Ethnic Group Asian American Gender Male DBE Ethnic Group Sub Continent Asian American Generated by Meraj Saleem, AES SERVICES, INC. on 7/21/2015 Page 1 of 2 (20070091_00144023_20150721082427.pdf) Exhibit C 115 of 346 Location County Cook (IL) Certification List Customer Support Home | Help | Print This Page | Print To PDF Copyright © 2015 B2Gnow. All rights reserved. Generated by Meraj Saleem, AES SERVICES, INC. on 7/21/2015 Page 2 of 2 (20070091_00144023_20150721082427.pdf) Exhibit C 116 of 346 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECT PRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. BA2B840718 UB3855T752 XL SPECIALTY INS CO1979 N. Mill Street, Suite 100 CHARTER OAK FIRE INS CO TRAVELERS IND CO 10,000 TRAVELERS PROP CAS CO OF AMER 5,000,000X 1-800-527-9049 6802B799084 For Proposal Purposes 2,000,000 tstoeckeril X X Aggregate A Each Claim 04/02/16CUP2B855295 Claims Made 1,000,000 04/02/16Professional Liability 1,000,000 1,000,000 X D 04/02/15 04/02/16 X N 04/02/15 A X Suite 211 311 S.W. Water Street B 1,000,000 X Peoria, IL 61602-4108 X Naperville, IL 60563 5,000,000 43335216 43335216 04/02/15 - Peoria Holmes Murphy and Associates X X 37885 25615 10,000 25658 25674 1,000,000 1,000,000 2,000,000 DPR9723361 04/02/15 04/02/16 1,000,000 Eco Solutions, Inc. 3,000,000 3,000,000 C 03/24/2015 04/02/15 04/02/16 Exhibit C 117 of 346 www.esiltd.com Page 1 City of Evanston RFP 15-51 Howard Street Traffic Signal & Intersection Improvement Project September 15, 2015 Scope of Services Introduction The project is defined as an intersection improvement project for the intersections of Howard St & Kedzie Ave and Howard St & Sacramento Ave. Howard St & Kedzie Ave requires traffic signal modernization and realignment of the north leg. Howard St & Sacramento Ave requires a new traffic signal installation. In addition, the two intersections are to be interconnected. The project requires coordination with City of Evanston (EVANSTON), Chicago Department of Transportation (CDOT), the property owner of shopping center on the north side of Howard (there may be more than one property owner for the shopping center), Village of Skokie, as well as Pace and CTA. Project Scope This project requires Data Collection, preparation of Intersection Design Studies, preparation of Construction Plans, Specifications & Cost Estimates, and Project Administration and Coordination. The following is the detailing of the project scope: Howard Street & Kedzie Avenue Intersection • Traffic signal modernization of existing signalized intersection • Interconnection to Howard & Sacramento • ADA compliant crossings and sidewalks (up to 20’ from each corner) • Provide alternative option for Channel Rd (fifth leg) o Determine if under CDOT or other jurisdiction and coordinate potential improvement o Phase 2 work is only included for improvements at the immediate intersection. This includes potential for reconfiguring driveway to connect to Kedzie approximately 50’ south of Howard. o If a different alignment or configuration of Channel Road is required, a supplement with EVANSTON or separate contract with CDOT would be required for the Phase 2 work. • Reconfiguration of the Jewel Shopping Center Drive (north leg of intersection) for approximately 200’ north of Howard St (to be coordinated with shopping center and EVANSTON) o Requires an agreement or construction easement with property owner o Does not include parking lot reconfiguration o Does not include intersection design study for any intersections within parking lot o Does not include permitting or ROW acquisition Howard Street & Sacramento Avenue Intersection • Traffic signal installation • Interconnection to Howard & Kedzie • ADA compliant crossings and sidewalks (up to 20’ from each corner) • Pedestrian access (sidewalk and ADA ramps) from Howard & Sacramento to the shopping center (to be coordinated with shopping center and EVANSTON) o Requires an agreement or construction easement with property owner Exhibit D 118 of 346 o Narrow the eastern drive aisle if required for pedestrian improvements Howard Street • Resurface Howard Street o from bridge approach (approximately 250’ west of Kedzie) to 350’ east of Kedzie o from 350’ west of Sacramento to 350’ east of Sacramento o resurfacing of gap between intersections to be determined at a later date • Provide corner bump-outs at Kedzie and Sacramento (to be coordinated with CDOT and EVANSTON) • Review bus stop locations at each intersection & coordinate shelter locations Project Limits The following are the assumed project limits. Note that these limits do not imply that roadway or intersection reconfiguration are to be provided, other than what is specifically stated above. • Howard Street o From 250’ west of Kedzie to 350’ east of Sacramento o Modifications/ improvements to Howard Street are limited to: intersection improvements and Complete streets improvements within existing pavement footprint. • Kedzie Avenue o From Howard to 200’south • Jewel Shopping Center Drive o From Howard to 200’north • Channel Road o From Howard to 200’south • Sacramento Avenue o From 200’north of Howard to 200’ south of Howard Task 1. Project Initiation and Kick Off Meeting The ESI Team will meet with EVANSTON staff and CDOT staff (up to 1 meeting) for a project initiation meeting to review the scope of services and project schedule. The purpose of the meeting will be to confirm project scope and priorities, establish communication protocols, determine jurisdiction in the case of conflicting standards, and to confirm the preliminary project schedule. Task 2. Data Collection EVANSTON will provide information related to existing utilities including but not limited to storm sewer, sanitary sewer, prior studies, and information related to any proposed improvements which EVANSTON has available. The ESI Team will coordinate with CDOT to gather utility information, prior studies, and any other relevant information. The ESI Team will also coordinate with other known private utilities (ComEd, NICOR, AT&T, etc) for existing plans. The ESI team will conduct up to 1 Site Visit to gather field information for the project limits. Exhibit D 119 of 346 Evanston RFP 15-51 Scope of Services www.esiltd.com Page 3 The ESI Team will provide peak hour all movement traffic counts at the intersections of Howard St & Kedzie Ave and Howard St & Sacramento Ave (Weekday Peak - 2hrs AM & 2hrs PM, and Saturday Peak - 2 hrs midday). Counts will include all vehicles, pedestrians and bicycles. Task 3. Surveying EVANSTON will provide topographic and ROW verification survey on Howard Street within the project limits. Note that it is critical for the schedule of this project that the survey is provided at the commencement of the project. No surveying will be performed by the ESI Team. Task 4. Construction Plans, Specifications & Cost Estimates 4.1 Traffic Signal Requirements ESI Team will prepare an Intersection design study for each of the two subject intersections. 1) Traffic Data a) Review traffic count data b) Develop 5 year projected peak hour traffic (or other future year as requested by EVANSTON/CDOT in kick-off meeting) c) ADT traffic values will be assumed based upon peak hour (ADT = 10*Peak Hour) d) 8th Hour traffic values will be assumed based upon peak hour (8th Hour = 0.55*Peak Hour) 2) Traffic Analysis a) Perform capacity analysis for AM, PM and Saturday peak hours b) Determine required queue storage lengths c) Indentify any deficiencies in storage 3) Prepare TSR sheets a) Review all design elements with CDOT/EVANSTON b) Prepare base geometrics and proposed pavement markings c) Layout signal equipment locations 4.2 Pre-Final Contract Plans and Documents ESI Team will prepare Roadway and Traffic Signal Plans for a single construction stage. The contract plans, specifications, and estimates will be prepared according to EVANSTON and CDOT standards and their policies and procedures as they relate to processing of contract plans. If standards are not available, the ESI Team will utilize IDOT’s Bureau of Local Road’s and Streets Manual and IDOT’s policies and procedures. 1) Contract Plans shall include a. Cover Sheet including location map b. Index of Sheets/General Notes/List of Standards c. Summary of Quantities - This task includes the preparation of preliminary quantity take-offs d. Schedule of Quantities e. Typical Sections – Existing and Proposed f. Alignment & Ties g. Maintenance of Traffic Plans –1 sheet (if necessary) h. Existing and Proposed Plan and Profile – 20 scale Exhibit D 120 of 346 Evanston RFP 15-51 Scope of Services www.esiltd.com Page 4 • Jewel Shopping Center Drive: 1 sheet i. Cross Section • Jewel Shopping Center Drive: 1 sheet j. Drainage and Utilities (only included for adjustment to structures as necessary for intersection improvements) k. Erosion Control Plan (for disturbed areas only) l. Pavement Marking and Street Signing m. Traffic Signal Plans (Howard & Kedzie and Howard & Sacramento) – 20 scale n. Cable Plan with: • Schedule of Quantities • Phase Designation Diagram • EVP System Plan o. Mast Arm Mounted Street Name Signs p. Temporary Traffic Signal Plan (Howard & Kedzie) q. Temporary Cable Plan (Howard & Kedzie) r. Traffic Signal Interconnect Plans s. Interconnect Schematic t. Lighting Plans (limited to relocation of light poles impacted by improvement – photometrics not included) u. ADA Sidewalk Corner Details v. Details • D1 Standard Traffic Signal Design Details • D1 Standard Typical Pavement Marking Details • Construction Details (Pvmt Joint / Elevations / Intersection Details) 2) Specifications shall include: a. Project Specific b. City of Evanston Special Provisions (provided by EVANSTON) c. CDOT Special Provisions d. District One Special Provisions e. BDE and Local Roads Special Provisions 3) Estimates shall include: a. Estimate of Construction Cost (with prices and percentage breakdowns as required by EVANSTON/CDOT) 4.3 Final Contract Plans and Documents ESI Team will make revisions to the Pre-Final documents as follows: 1) Address the pre-final plan review comments provided by EVANSTON and CDOT (including preparation of disposition of comments) – (based on up to one review). a) Additional revisions to the plans beyond those from the Pre-Final review comments will be considered “Additional Services” and will be billed at standard billing rates. Exhibit D 121 of 346 Evanston RFP 15-51 Scope of Services www.esiltd.com Page 5 2) Update construction specifications and special provisions 3) Update Estimate of Construction Cost (with and without prices). 4) Submit Final PS&E. a) Final contract plans, specifications, and documents will be prepared and coordinated with EVANSTON’s purchasing department to let the project electronically. 5) Bidding Phase Services a) Review bids and prepare bid tabulation spreadsheets b) Respond to Bidder Inquires and Issue addenda as required. Task 5. Project Administration and Coordination Project Administration Includes internal and subconsultant coordination and meetings for staff assignments, invoicing, and scheduling. Project Coordination Includes coordination with EVANSTON, CDOT, shopping center property owner(s), CTA and Pace. The following meetings are included: 1) EVANSTON – monthly progress meetings (up to 5 (November 2015 thru March 2016)) 2) CDOT – progress meetings (up to 3) 3) Shopping center property owner meeting (up to 2) Also includes monthly status update reports provided to EVANSTON. Exclusions This agreement does not include services for: • IDOT/FHWA coordination • Survey • Parking lot reconfiguration or design (except for the Jewel Shopping Center Drive as previously noted) • Streetscape plans • Intersection Design Studies • Processing of Design Exceptions • Water Main and Sanitary Sewer design and permitting (none is anticipated) • Bid Phase Services (except for those previously noted) • Construction Engineering Services (future agreement) • Right of Way and/or Easement plats (none is anticipated) • Estimates of Time Compensation ESI Consultants, Ltd (ESI) proposes to provide the necessary professional consulting service for a not to exceed fee as shown in the attached detailed Cost Estimate of Consultant Services (CECS) form for IDOT / Federal Funding. The agreement is to be remunerated at a direct labor multiplier plus subconsultants and direct expenses. END Exhibit D 122 of 346 DF-824-034 REV 12/04 PREPARED BY ESI Consultants, Ltd Printed 9/14/2015 COST ESTIMATE OF CONSULTANT SERVICES Firm ESI Consultants, Ltd.DATE 09/15/15 Project Howard St. Traffic Signals Local Agency City of Evanston *actual agreement to be based on DLM with a not to exceed maximum OVERHEAD RATE 1.3827 Prime/Supplement Prime COMPLEXITY FACTOR 0 DBE OVERHEAD IN-HOUSE OUTSIDE SERVICES % OF DROP TASK #ITEM MANHOURS PAYROLL &DIRECT FIXED DIRECT BY D/M/WBE TOTAL GRAND BOX FRINGE BENF COSTS FEE COSTS OTHERS TOTAL TOTAL (A)(B)( C )(D)(E)(F)(G)(H)(B-G) 1 Project Initiation & Kick-off meeting 13 682.15 943.20 200.00 264.68 0.00 2,090.03 3.51% 2 Data Collection 31 1,003.58 1,387.65 0.00 346.73 0.00 2,737.96 4.60% 3 Survey 4a TSR & Analysis 32 1,347.92 1,863.77 0.00 465.69 0.00 3,677.38 6.18% 4b Pre-Final PS&E 141 5,888.71 8,142.31 300.00 2,078.00 0.00 16,409.02 27.58% 4c Final PS&E 61.5 2,682.82 3,709.54 241.00 961.84 0.00 7,595.20 12.76% 5 Project Admin & Coord 83 4,245.89 5,870.80 365.40 1,519.90 0.00 12,001.99 20.17% 6 AES Design Support 0.00 0.00 14,992.01 14,992.01 14,992.01 25.20% TOTALS 361.5 15,851.07 21,917.28 1,106.40 5,636.84 0.00 14,992.01 14,992.01 59,503.59 100.00% Cost Plus Fixed Fee 1: 14.5%[DL + R(DL) + OH(DL) + IHDC] COST PLUS FIXED FEE Exhibit A - Preliminary Engineering Compensation Calculation formula:Exhibit D123 of 346 DF-824-034 REV 12/04 PREPARED BY ESI Printed 9/14/2015 AVERAGE HOURLY PROJECT RATES Firm ESI Consultants, Ltd. Project Howard St. Traffic Signals DATE 09/15/15 Local Agency City of Evanston SHEET 1 OF 2 PAYROLL AVG Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd CLASSIFICATION Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg President / Principal **70.00 6 1.66%1.16 1 7.69%5.38 0 0 0 2 1.42%0.99 Vice President / Director 70.00 0 0 0 0 0 0 Senior Manager 57.35 0 0 0 0 0 0 Senior Consultant 58.87 0 0 0 0 0 0 Sr. Project Manager 62.32 31 8.58%5.34 4 30.77%19.18 0 0 0 5 3.55%2.21 Project Manager 51.00 102.5 28.35%14.46 6 46.15%23.54 3 9.68%4.94 0 8 25.00%12.75 25 17.73%9.04 Senior Resident Engineer 47.20 0 0 0 0 0 0 Structural Project Manager 65.37 0 0 0 0 0 0 Senior Structural Proj Eng 42.33 0 0 0 0 0 0 Resident Engineer 2 42.63 0 0 0 0 0 0 Project Engineer/ RE 1 32.48 0 0 0 0 0 0 Engineer 3 31.47 79 21.85%6.88 0 8 25.81%8.12 0 10 31.25%9.83 39 27.66%8.70 Engineer 2 29.94 36 9.96%2.98 1 7.69%2.30 20 64.52%19.32 0 0 13 9.22%2.76 Engineer 1 27.25 0 0 0 0 0 0 Senior Technician 2 44.66 103 28.49%12.72 0 0 0 14 43.75%19.54 57 40.43%18.05 Technician 3 28.83 0 0 0 0 0 0 Technician 2 21.82 0 0 0 0 0 0 Technician 1/Intern 14.21 0 0 0 0 0 0 Admininstrative Associate 3 26.90 4 1.11%0.30 1 7.69%2.07 0 0 0 0 Admininstrative Associate 2 18.78 0 0 0 0 0 0 Admininstrative Associate 1 15.58 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 361.5 100%$43.85 13 100%$52.47 31 100%$32.37 0 0%$0.00 32 100%$42.12 141 100%$41.76 Pre-Final PS&ETOTAL PROJECT RATES Project Initiation & Kick-off meeting Data Collection Survey TSR & Analysis Exhibit D124 of 346 DF-824-034 REV 12/04 PREPARED BY ESI Printed 9/14/2015 ' AVERAGE HOURLY PROJECT RATES Firm ESI Consultants, Ltd. Project Howard St. Traffic Signals DATE 09/15/15 Local Agency City of Evanston SHEET 2 OF 2 PAYROLL AVG Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd CLASSIFICATION Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg President / Principal **70.00 0 3 3.61%2.53 0 0 0 0 Vice President / Director 70.00 0 0 0 0 0 0 Senior Manager 57.35 0 0 0 0 0 0 Senior Consultant 58.87 0 0 0 0 0 0 Sr. Project Manager 62.32 2 3.25%2.03 20 24.10%15.02 0 0 0 0 Project Manager 51.00 13.5 21.95%11.20 47 56.63%28.88 0 0 0 0 Senior Resident Engineer 47.20 0 0 0 0 0 0 Structural Project Manager 65.37 0 0 0 0 0 0 Senior Structural Proj Eng 42.33 0 0 0 0 0 0 Resident Engineer 2 42.63 0 0 0 0 0 0 Project Engineer/ RE 1 32.48 0 0 0 0 0 0 Engineer 3 31.47 14 22.76%7.16 8 9.64%3.03 0 0 0 0 Engineer 2 29.94 0 2 2.41%0.72 0 0 0 0 Engineer 1 27.25 0 0 0 0 0 0 Senior Technician 2 44.66 32 52.03%23.24 0 0 0 0 0 Technician 3 28.83 0 0 0 0 0 0 Technician 2 21.82 0 0 0 0 0 0 Technician 1/Intern 14.21 0 0 0 0 0 0 Admininstrative Associate 3 26.90 0 3 3.61%0.97 0 0 0 0 Admininstrative Associate 2 18.78 0 0 0 0 0 0 Admininstrative Associate 1 15.58 0 0 0 0 0 0 TOTALS 61.5 100%$43.62 83 100%$51.16 0 0%$0.00 0 0%$0.00 0 0%$0.00 0 0%$0.00 Final PS&E Project Admin & Coord AES Design Support Exhibit D125 of 346 DF-824-034 REV 12/04 Printed 9/14/2015 Index Description of Work In-House Direct Cost Outside Direct Cost In-House Section Total Outside Section Total 1 Project Initiation & Kick-off meeting $200.00 $0.00 mileage $174 2 Data Collection $0.00 $0.00 3 Survey $0.00 $0.00 4 TSR & Analysis $0.00 $0.00 5 Pre-Final PS&E $300.00 $0.00 plotting $216 shipping $25 6 Final PS&E $241.00 $0.00 plotting $216 shipping $25 7 Project Admin & Coord $365.40 $0.00 mileage $365 Totals $1,106 $0 City of Evanston Detailed Direct Costs Exhibit D 126 of 346 DF-824-034 REV 12/04 PREPARED BY ESI Printed 9/14/2015 City of Evanston Howard St. Traffic Signals FIRM NAME ESI Consultants, Ltd.DATE 09/15/15 PRIME/SUPPLEMENT Prime Section No. CONTRACT TERM 9 MONTHS OVERHEAD RATE 138.27% START DATE 10/12/2015 COMPLEXITY FACTOR 0 RAISE DATE 4/1/2016 % OF RAISE 4.00% ESCALATION PER YEAR DETERMINE THE MID POINT OF THE AGREEMENT 4.5 CALCULATE THE ESCALATION FACTOR TO THE MIDPOINT OF THE CONTRACT 1.50% The total escalation for this project would be:1.50% PAYROLL ESCALATION TABLE ANNIVERSARY RAISES Exhibit D127 of 346 DF-824-034 REV 12/04 PREPARED BY ESI Printed 9/14/2015 FIRM NAME ESI Consultants, Ltd.DATE 09/15/15 PRIME/SUPPLEMENT Prime Section ESCALATION FACTOR 1.50% CLASSIFICATION CURRENT RATE CALCULATED RATE President / Principal **$70.00 $70.00 ** capped at $70 / hr per IDOT Vice President / Director $70.00 $70.00 Senior Manager $56.50 $57.35 Senior Consultant $58.00 $58.87 Sr. Project Manager $61.40 $62.32 Project Manager $50.25 $51.00 Senior Resident Engineer $46.50 $47.20 Structural Project Manager $64.40 $65.37 Senior Structural Proj Eng $41.70 $42.33 Resident Engineer 2 $42.00 $42.63 Project Engineer/ RE 1 $32.00 $32.48 Engineer 3 $31.00 $31.47 Engineer 2 $29.50 $29.94 Engineer 1 $26.85 $27.25 Senior Technician 2 $44.00 $44.66 Technician 3 $28.40 $28.83 Technician 2 $21.50 $21.82 Technician 1/Intern $14.00 $14.21 Admininstrative Associate 3 $26.50 $26.90 Admininstrative Associate 2 $18.50 $18.78 Admininstrative Associate 1 $15.35 $15.58 PAYROLL RATES Exhibit D 128 of 346 Printed 9/14/2015 PREPARED BY THE CONSULTANT Bureau of Design and Environment (Rev. 07/07/15) COST ESTIMATE OF CONSULTANT SERVICES FIRM AES Services, Inc.DATE PSB Howard Street OVERHEAD RATE 1.3066 PRIME/SUPPLEMENT Prime / ESI COMPLEXITY FACTOR 0 DBE OVERHEAD IN-HOUSE Outside SERVICES DROP ITEM MANHOURS PAYROLL &DIRECT FIXED Direct BY DBE TOTAL BOX FRINGE BENF COSTS FEE Costs OTHERS TOTAL (A)(B)( C )(D)(E)(F)(G)(H)(B-G) DBE Engineering Support 88 4,097.43 5,353.71 34.50 1,516.05 11,001.69 11,001.69 DBE Meetings 10 497.57 650.13 184.10 1,331.80 1,331.80 DBE PM & QC/QA 17 993.24 1,297.77 367.50 2,658.52 2,658.52 Subconsultant DL 0.00 0.00 TOTALS 115 5,588.25 7,301.61 34.50 2,067.65 0.00 0.00 14,992.01 14,992.01 DBE DBE COST PLUS FIXED FEE Exhibit D129 of 346 Printed 9/14/2015 PREPARED BY THE CONSULTANT Bureau of Design and Environment (Rev. 07/07/15) AVERAGE HOURLY PROJECT RATES FIRM AES Services, Inc. PSB DATE 09/14/15 PRIME/SUPPLEMENT Prime / ESI SHEET 1 OF 1 PAYROLL AVG TOTAL PROJECT RATES Engineering Support Meetings PM & QC/QA HOURLY Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd CLASSIFICATION RATES Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Principal 70.00 1 0.86%0.60 1 5.88%4.12 Engineer III 55.17 54 46.55%25.68 32 36.36%20.06 6 60.00%33.10 16 94.12%51.92 Engineer II 41.65 60 51.72%21.54 56 63.64%26.50 4 40.00%16.66 Engineer I 28.28 0 Technician II 22.33 0 Traffic Technician 16.75 0 CADD Technician 35.53 0 Administration 40.60 1 0.86%0.35 1 5.88%2.39 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 116 100%$48.17 88 100.00%$46.56 10 100%$49.76 17 106%$58.43 0 0%$0.00 0 0%$0.00 Exhibit D130 of 346 Printed 9/14/2015 Bureau of Design and Environment (Rev. 07/07/15) PAYROLL ESCALATION TABLE FIXED RAISES FIRM NAME AES Services, Inc.DATE 09/14/15 PRIME/SUPPLEMENT Prime / ESI 0.00 PTB NO. CONTRACT TERM 6 MONTHS OVERHEAD RATE 130.66% START DATE 10/1/2015 COMPLEXITY FACTOR 0 RAISE DATE 1/1/2016 % OF RAISE 3.00% ESCALATION PER YEAR 10/1/2015 -1/1/2016 1/2/2016 -4/1/2016 3 3 6 6 =50.00%51.50% =1.0150 The total escalation for this project would be:1.50%Exhibit D131 of 346 Printed 9/14/2015 PREPARED BY THE CONSULTANT Bureau of Design and Environment (Rev. 07/07/15) PAYROLL RATES FIRM NAME AES Services, Inc.DATE 09/14/15 PRIME/SUPPLEMENT Prime / ESI PSB NO. ESCALATION FACTOR 1.50% CLASSIFICATION CURRENT RATE CALCULATED RATE Principal $70.00 $70.00 Engineer III $54.35 $55.17 Engineer II $41.03 $41.65 Engineer I $27.86 $28.28 Technician II $22.00 $22.33 Traffic Technician $16.50 $16.75 CADD Technician $35.00 $35.53 Administration $40.00 $40.60 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Exhibit D 132 of 346 City of Evanston RFP 15-51 Howard Street Project Proposed Project Schedule * Today's Date: Viewing Weeks:10/12/15 - 5/30/16 Project/Tasks Start End Duration (Days)% CompleteDays CompleteDays Remaining10/12/1510/19/1510/26/1511/2/1511/9/1511/16/1511/23/1511/30/1512/7/1512/14/1512/21/1512/28/151/4/161/11/161/18/161/25/162/1/162/8/162/15/162/22/162/29/163/7/163/14/163/21/163/28/164/4/164/11/164/18/164/25/165/2/165/9/165/16/165/23/165/30/16Howard Street Project 10/12/15 5/09/16 210 0%0 210 Notice to Proceed 10/12/15 10/12/15 1 0%0 1 A. Kick-Off 10/12/15 10/17/15 5 0%0 5 1 Kick-off Meeting (EVANSTON & CDOT)10/12/15 10/17/15 5 0%0 5 B. Data Collection 10/13/15 10/31/15 18 0%0 18 1 Utility Coordination 10/13/15 10/20/15 7 0%0 7 2 Traffic Counts 10/21/15 10/31/15 10 0%0 10 C. Traffic Signal Requirements 11/01/15 11/28/15 27 0%0 27 1 Capacity Analysis 11/01/15 11/08/15 7 0%0 7 3 Prelim TS Layout 11/08/15 11/15/15 7 0%0 7 4 Prepare TSR 11/01/15 11/28/15 27 0%0 27 ---EVANSTON/CDOT Review*11/28/15 12/12/15 14 0%0 14 D. Pre-Final Contract Plans and Documents 12/12/15 2/06/16 56 0%0 56 1 Pre-Final Submittal 12/12/15 2/06/16 56 0%0 56 2 Specifications 1/23/16 2/06/16 14 0%0 14 3 Estimate 12/12/15 2/06/16 56 0%0 56 ---Pre Final Review - EVANSTON/CDOT*2/06/16 3/07/16 30 0%0 30 E. Final Contract Plans and Documents Submittal 3/07/16 5/09/16 63 0%0 63 1 Plan Revisions 3/07/16 4/04/16 28 0%0 28 2 Specification/Special Provisions Revisions 3/21/16 4/04/16 14 0%0 14 3 Revise Cost Estimate 3/28/16 4/04/16 7 0%0 7 4 Pre-Final Disposition 3/28/16 4/04/16 7 0%0 7 5 Bid Phase Services 4/18/16 5/09/16 21 0%0 21 F. Meetings 10/19/15 4/02/16 167 0%0 167 1 Progress Meeting (EVANSTON)11/01/15 4/02/16 153 0%0 153 a Meeting 1 11/01/15 11/08/15 7 0%0 7 b Meeting 2 12/01/15 12/08/15 7 0%0 7 c Meeting 3 1/01/16 1/08/16 7 0%0 7 d Meeting 4 2/01/16 2/08/16 7 0%0 7 c Meeting 5 3/01/16 3/08/16 7 0%0 7 d Meeting 6 3/26/16 4/02/16 7 0%0 7 2 Progress Meeting (CDOT)12/01/15 4/02/16 123 0%0 123 a Meeting 1 12/01/15 12/08/15 7 0%0 7 b Meeting 2 2/01/16 2/08/16 7 0%0 7 c Meeting 3 3/26/16 4/02/16 7 0%0 7 3 Coordination Meeting (Shopping Center)10/19/15 12/02/15 44 0%0 44 a Meeting 1 10/19/15 10/26/15 7 0%0 7 b Meeting 2 11/25/15 12/02/15 7 0%0 7 4 Miscellaneous Coordination 10/12/15 4/04/16 175 0%0 175 Project Completion 5/03/16 5/09/16 7 0%0 7 *Subject to review times, coordination and issues beyond the control of ESI 9/14/2015 Exhibit D133 of 346 RFP 15-51, Traffic Signal & Intersection Improvement Project, M/W/EBE Memo, 09.28.2015 To: Martin Lyons, Assistant City Manager/CFO Sat Nagar, P.E., Assistant Director of Public Works Rajeev Dahal, Senior Project Manager From: Tammi Turner, Purchasing Manager Subject: Traffic Signal & Intersection Improvement Project, RFP 15-51 Date: September 28, 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 to the recommendation for the Traffic Signal & Intersection Improvement Project, RFP 15- 51, ESI Consultants Ltd., is found to be in compliance with the goal. ESI Consultants Ltd, total base bid is $59,500.00, and they will receive 25.7% initial credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE AES Service Inc. 111 S. Wacker Drive Chicago, IL 60606 Civil Engineering $15,350.00 25.7% X Total M/W/EBE $15,350.00 25.7% CC: Erika Storlie, Deputy City Manager / Acting Director of Administrative Services Memorandum 134 of 346 For City Council meeting of September 21, 2015 Item A3 Business of the City by Motion: Proposed Howard Street Theater For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Wally Bobkiewicz, City Manager Johanna Leonard, Acting Deputy City Manager Jennifer Lasik, Cultural Arts Coordinator Subject: Design and Architecture Services for the Proposed Howard Street Theatre Date: September 14, 2015 Recommended Action: Staff recommends City Council direct the City Manager to seek bids for design and architectural services to develop conceptual and bid-level drawings for the Howard Street Theatre to be located at 717-723 Howard Street. Staff further recommends that City Council authorize the City Manager to spend up $40,000 for these services, provided by the lowest responsive and responsible bidder. Funding Source: Howard Ridge TIF District Account 330.99.5860.56010. This account reflects rental income from City-owned properties along the corridor. There is currently $65,247.33 available in this account. Summary: This past spring the City engaged in a Request for Proposals to identify theatre companies interested in relocating to Evanston’s Howard Street and that have the capacity to undertake a capital campaign to help finance the relocation and build-out of theatre space. At this time, staff and the Howard Street Theatre Focus Group have identified two theatres that are interested in relocation and have the capacity to fundraise to complete a capital campaign to participate in funding the project. Currently, the property contemplated for the Howard Street Theatre is located at 717- 723 Howard Street and is comprised of four parcels. The approximate total land comprising these four parcels is 10,000 square feet. Two parcels are occupied by one building that is approximately 4,000 square feet (not including basement) that is located at 721-723 Howard Street. The other two parcels are vacant (717 Howard); an 800 square foot building previously located on the site was demolished in August. Memorandum 135 of 346 For the development of the property as a theatre, it is contemplated that an additional building would be constructed to the east of 721-723 Howard Street, on the now vacant property. The existing building and new building would accommodate a mix of a flexible theatre space that could seat up to 150 individuals, theatre offices, dressing rooms/green room, and a box office/lobby/bar, rehearsal space, storage, and a shop for set construction/prop development. A key component in the determination of which potential theatre to move forward with in negotiations is the design and development of a space plan for the 717-723 Howard Street properties. This will determine if and how the existing building and a new building could be oriented in order to accommodate the particular theatre uses of each company. Within the scope of work for the City’s architect for the Howard Street Theatre, will be to design a basic theatre space or “vanilla box” that can be flexible for any theatre company’s use. The two theatre groups can each retain and provide additional design and architecture services to orient or modify the “vanilla box” complex to suit their programs, productions, and uses. The finalized drawings and plans can then be utilized to determine the potential construction cost for the theatre space. It is contemplated that the theatre construction will be paid for through TIF and the selected theatre company’s capital campaign fundraising. Cultural Corridor: Howard Street: The development of a theater on Howard Street is in accordance with the 2012 NEA Study that recommended the development of multiple “cultural districts” in Evanston in order to best leverage Evanston’s diversity and character as well as complement its various business districts. Howard Street, with its rich history in the arts, access to public transportation and proximity to Chicago makes it a natural choice for the development of a cultural corridor. In addition, Howard Street is growing food and drink hotspots that make a natural economic partner for arts and entertainment. Recent studies by Americans for the Arts show that Chicago residents who attend cultural events spend an average of an additional twenty-five dollars per person on non- event purchases. For out-of-town visitors, the figure jumps to an average of sixty dollars per person. That, along with the shared experiences and neighborhood vibrancy that come with performing arts are a strong indicator that the creation of a thriving cultural corridor on Howard Street will contribute to the economic health and livability of Evanston. Legislative History: Resolution 45-R-15 was adopted by City Council at the May 11, 2015 meeting. Resolution 45-R-15 authorized the City Manager to initiate a Request for Proposals process for a theatre in City-owned property on Howard Street. Attachment: Map of Properties 136 of 346 700 Block of Howard Street DISCLAIMER: This map and data are provided as-in without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information Scale 1:1,299 Made with Evanston's GIS Printed: Mar 13, 2015 12:29:07 PM137 of 346 For City Council meeting of September 21, 2015 Item A4 Resolution 85-R-15: Easement Agreement with Northwestern University For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Marty Lyons, Assistant City Manager Sat Nagar, P.E., City Engineer Subject: Resolution 85-R-15, Northwestern University Electrical Utility Easement Date: September 16, 2015 Recommended Action: Staff recommends that the City Council adopt Resolution 85-R-15 granting a utility easement to Northwestern University to cross the east-west alley located north of Colfax Street and east of Orrington Avenue to accommodate an electrical duct. The easement will be granted for a 50-year period. Funding Source: No City funding is required for this utility easement. Northwestern University will fund the project and will be assessed a utility easement fee of $5,500 which equals $100 annually plus a 10% administration fee for the duration of the easement. Summary: Northwestern University needs to install an electrical utility duct crossing under the alley north of Colfax Street and east of Orrington Avenue. This utility duct is to be installed to accommodate electrical services to Northwestern University buildings. Exhibit A is the proposed easement agreement between the City and Northwestern University. The proposed utility crossing, which is: 200 square feet, is shown on the plat of easement Exhibit 1. The cost of the easement on City property is proposed to be set using the standard easement fee of $0.50/square feet, plus 10% administration fee. Attachments: Resolution 85-R-15 Easement Agreement (Exhibit A) Plat of Easement with Legal Description (Exhibit 1) Memorandum 138 of 346 9/2/2015 85-R-15 A RESOLUTION Authorizing the City Manager to Grant an Easement for an Electrical Duct Bank to be Installed and Cross an Alley south of Lincoln Street and West of Sheridan Road NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Manager is hereby authorized and directed to sign an Easement Agreement (the “Agreement”) by and between the City and Northwestern University for the City to grant an easement for the construction of an electrical duct bank crossing in the alley south of Lincoln Street and west of Sheridan Road. The Agreement is attached hereto as Exhibit A and incorporated herein by reference. SECTION 3: The City Manager is hereby authorized and directed to negotiate any additional conditions of said Agreement that he deems to be in the best interests of the City. SECTION 4: 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 139 of 346 85-R-15 - 2 - EXHIBIT A EASEMENT AGREEMENT 140 of 346 2724058v2/25344-0022 GRANT OF NON-EXCLUSIVE PUBLIC UTILITY EASEMENT In consideration of the payment of the easement fee in the amount of Five Thousand Five Hundred and no/100 Dollars [$5,500] and other good and valuable consideration (“Easement Fee”), the receipt of which hereby is acknowledged, THE CITY OF EVANSTON, of the State of Illinois, County of Cook and its successors, assignees and transferees (all hereinafter referred to as "Grantor"), hereby grants to NORTHWESTERN UNIVERSITY, of the State of Illinois, County of Cook and its successors, assignees and transferees (all hereinafter referred to as "Grantee") a non-exclusive permanent easement for a period of fifty (50) years (“Easement Term”) for the purpose of the installation of an electrical duct bank and electricity lines under the described property and appurtenances in, over, upon, through, along, across and under the following described real estate, approximately 20’ wide strip of land as described below: A Public Utility Easement, A 20.00 foot Utility Easement, over, under and across a 20 foot public alley in Block 88 in the Reynold’s & Hart’s Subdivision, according to the plat thereof recorded October 4, 1895 as document No 2286628 described as follows: Commencing at the Northwest corner of said Block 88; thence South 89º32’29” East on an assumed bearing along the North line of said Block 88, 200.17 feet to the East line of the North/South 20 foot public alley (also being the Northwest corner of Lot 19) in said Block 88, thence South 00º06’34” West along the East line of said alley (also being the West line of Lot 19), 163.21 feet to the North line of the East/West 20 foot public alley (also being the southwest corner of Lot 19); thence South 89º 32’10” East along the North line of said alley (also being the South line of Lot 19), 41.24 feet to the point of beginning; thence continuing South 89º32’10” East along said last described line 10.00 feet: thence South 00º00’00’ East, 20.00 feet to the South line of said 20 foot public alley; thence North 89º32’10” West along said last described line, 10.00 feet; thence North 00*00’00” West, 10.00 feet to the point of beginning, in Cook County, Illinois. situated in the County of Cook, State of Illinois an in the alley south of Lincoln Street and West of Sheridan Road and hereby releases and waives all right under and by virtue of the Homestead Exemption Laws of the State of Illinois. The above-described real estate and improvements located thereon are herein referred to as the “Premises.” Attached as Exhibit 1 is the Plat of Easement depicting said Easement on the Premises. Grantor hereby grants, conveys, warrants and dedicates to the Grantee, its agents, servants, employees, its successors and assigns, a non-exclusive public utilities easement to survey, construct, reconstruct, use, operate, maintain, test, inspect, repair, or alter the chilled water services pipe(s) and related appurtenances and to inspect and make alterations to the above describe systems, both only in consultation with the City of Evanston’s Utilities Department and the Public Works Department and any and all of parameters and restrictions on said use described, in, over, upon, thru, along, across and under the Premises together with related attachments, equipment and appurtenances thereto (collectively “Public Utilities”) in upon, under, along and across the Premises, with the right of access thereto, including all reasonable rights of ingress and egress across any adjoining lands of Grantor necessary for the exercise of the rights herein granted. 141 of 346 Grantor shall have and retain all rights to use and occupy the premises and access to Grantor’s remaining property, except as herein expressly granted; provided, however, Grantor’s use and occupation of the premises may not interfere with Grantee’s use of the premises for the purposes herein described. Grantor, without limiting the interest above granted and conveyed, acknowledges that upon payment of the agreed consideration, all claims arising out of the above acquisition have been settled, including without limitation, any diminution in value to any remaining property of the Grantor caused by opening, improving, and using the premises for highway purposes. This acknowledgment does not waive any claim for trespass or negligence against the Grantee or Grantee’s agents which may cause damage to Grantor’s remaining property. This grant shall constitute a covenant, which runs with the land, and shall be binding upon the legal representatives, successors and assigns of Grantor. Dated this day of ,2015. GRANTOR: City Manager, Wally Bobkiewicz By: Signature STATE OF ILLINOIS ) ) ss. COUNTY OF COOK ) I, , a Notary Public in and for said County and State aforesaid, DO HEREBY CERTIFY that Wally Bobkiewicz, City Manager of the City of Evanston who is personally know to me to be the same person whose name is subscribed to the foregoing instrument as such, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act for the uses and purposes therein set forth. Given under by hand and notarial seal this day of , 2015 Notary Public 142 of 346 GRANTEE: Facilities Management Operations, Charles Davidson By: Signature STATE OF ILLINOIS ) ) ss. COUNTY OF COOK ) I, , a Notary Public in and for said County and State aforesaid, DO HEREBY CERTIFY that Charles Davidson, Facilities Management Operations who is personally know to me to be the same person whose name is subscribed to the foregoing instrument as such, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act for the uses and purposes therein set forth. Given under by hand and notarial seal this day of , 2015 Notary Public 143 of 346 EXHIBIT 1 PLAT OF EASEMENT 144 of 346 145 of 346 For City Council Meeting of September 21, 2015 Item A5 Resolution 96-R-15: Solid Waste Contract Amendments with Groot Industries For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Acting Public Works Director Catherine Hurley, Sustainability Manager Subject: Resolution 96-R-15, Authorizing Contract Amendments with Groot Industries for Solid Waste Collection Date: August 31, 2015 Recommended Action: Staff recommends City Council adoption of Resolution 96-R-15 authorizing the City Manager to execute contract amendments to waste services agreements with Groot Industries (2500 Landmeier Road, Elk Grove Village, IL) and to renew these agreements as follows: 1. Contract Amendment No. 1 for solid waste services for single family residences six (6) units or less, which includes a 5% decrease in monthly cost for the first year, a savings of $84,543; 2. Contract Amendment No. 2 for yard waste collection and disposal, which includes a 5% decrease in monthly cost for the first year; 3. Contract Amendment No. 1 for solid waste services for Municipal Solid Waste Franchise – commercial, business, institutional and multi-family residential buildings, which includes a 10% decrease in monthly cost for the first year. 4. All amendments include a reduction in annual cost increases from 4% down to 1.5-3.5%. Attachments Attachment 1: Memo Regarding Residential Solid Waste Collection Agreement Attachment 2: Memo Regarding Yard Waste Collection Agreement Attachment 3: Memo Regarding Municipal Solid Waste Franchise Agreement Resolution 96-R-15 with Exhibits: Residential Solid Waste Agreement, Yard Waste Agreement, and Franchise Agreement Memorandum 146 of 346 ATTACHMENT 1 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Acting Public Works Director Catherine Hurley, Sustainability Manager Subject: Contract Extension for Residential Solid Waste Collection Date: September 15, 2015 Recommended Action: Staff recommends City Council adopt Resolution 96-R-15 authorizing the City Manager to execute a contract extension for a (2) two-year period, with the City’s option to renew for three additional one-year terms thereafter with Groot Industries (2500 Landmeier Road, Elk Grove Village, IL 60007) for residential solid waste collection at a rate discounted by 5% from the 2015 monthly invoice. The current monthly rate is $140,905; the new rate will be $133,860 monthly for the first year of the renewal (November 1, 2015 – October 31, 2016). This represents an annual savings of $84,543. Funding Source: Funding will be provided by the Solid Waste Fund (250.26.7685.62415). Summary: The current residential solid waste contract with Groot Industries will expire on October 31, 2015. Groot provides weekly solid waste collection service for residential properties with six units or less, which represents approximately 13,400 households in Evanston. During 2015 the City met with the Village of Skokie to discuss a joint contract for solid waste services, however these discussions did not reach completion and staff recommends continuing this review during the proposed 2 year contract extension with Groot. Groot has agreed to an extension rate based on providing a 5% discount from the current monthly invoice for solid waste service, which is $140,905. Starting November 1, 2015, the new monthly invoice amount would be $133,860 for the first year of the extension (November 1, 2015 – October 31, 2015). There would be no change to current service under the contract extension. The effective unit cost paid to Groot Industries for each City issued refuse cart is shown in Table 1. Memorandum 147 of 346 2 Table 1 – Unit Cost for Residential Solid Waste Collection Price per month Residential unit with 65 gallon cart $7.15/cart Residential unit with 95 gallon cart $9.30/cart Additional wheeled refuse cart of any size $7.95/cart Starting the second year of the extension, the fees would be adjusted annually based on the Consumer Price Index (CPI), with a minimum increase of 1.5% and a maximum of 3.5%. The City is not obligated to continue the contract with Groot Industries beyond the first two years of the contract. Staff will review the potential for bidding this service in 2017 and continued opportunities to collaborate with Skokie for solid waste services. Groot’s services do not include the tipping fee paid to the Solid Waste Association of Northern Cook County (SWANCC) for transferring the residential solid waste at the SWANCC facility in Glenview. A recent contract negotiation between SWANCC and their operator has resulted in a 15% reduction in tipping fees which started in August 2015. Based on this reduction, the City also projects an annual savings of approximately $120,000 from the reduction in tipping fee for residential solid waste. Table 2 outlines the estimated savings to the Solid Waste Fund for residential solid waste services. Table 2 –Estimated Savings for Residential Solid Waste Collection Services Monthly Savings Annual Savings Solid Waste Collection Services (Groot) First year extension (November 1, 2015- October 31, 2016) $7,045.25 $84,543.00 Reduction in Transfer Fee at Glenview Transfer Station (SWANCC) $10,000.00 $120,000.00 Total Estimated Savings $17,045.25 $204,543.00 Staff recommends extending the residential solid waste contract with Groot Industries as outlined in Resolution 96-R-15. This extension will result in savings to the Solid Waste Fund and give staff additional time to consider collaborative opportunities with Skokie and options for bidding the services in 2017. 148 of 346 ATTACHMENT 2 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Acting Public Works Director Catherine Hurley, Sustainability Manager Subject: Contract Extension for Yard Waste Collection Date: September 15, 2015 Recommended Action: Staff recommends City Council adopt Resolution 96-R-15 authorizing the City Manager to execute a contract extension for a (2) two-year period, with the City’s option to renew for three additional one-year terms thereafter with Groot Industries (2500 Landmeier Road, Elk Grove Village, IL 60007) for yard waste collection and disposal services at a rate discounted by 5% from the 2015 monthly invoice for the first year of the renewal (November 1, 2015 – October 31, 2016). Funding Source: Funding will be provided by the Solid Waste Fund (520.26.7695.62415). Summary: The current yard waste contract with Groot Industries will expire on October 31, 2015. Groot provides weekly yard waste collection service from April thru December for a total of (9) nine months of service for residential properties with six units or less. Groot has agreed to an extension rate based on providing a 5% discount from the current monthly invoice for yard waste service, which is $76,630. Starting November 1, 2015, the new monthly invoice amount would be $72,775.32 for the first year of the extension (November 1, 2015 – October 31, 2015). There would be no change to current service under the contract extension. The effective unit cost paid to Groot Industries is $5.41 for each of the 13,452 households served in the program. Starting the second year of the extension, the unit cost per household would be adjusted annually based on the Consumer Price Index (CPI), with a minimum increase of 1.5% and a maximum of 3.5%. The City is not obligated to continue the contract with Groot Industries beyond the first two years of the contract. Staff will review the potential for bidding this service in 2017. Staff projects a total of $34,692.12 in annual savings to the Solid Waste Fund from the contract extension with Groot Industries for yard waste. Memorandum 149 of 346 2 Staff recommends extending the yard waste contract with Groot Industries as outlined in Resolution 96-R-15. This extension will result in savings to the Solid Waste Fund and give staff additional time to consider and options for bidding the services in 2017. Attachments: Resolution 96-R-15 150 of 346 ATTACHMENT 3 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Acting Public Works Director Catherine Hurley, Sustainability Manager Subject: Contract Extension for Services for the Municipal Solid Waste Franchise - Commercial, Business, Institutional and Multi-Family Residential Buildings Date: September 15, 2015 Recommended Action: Staff recommends City Council adopt Resolution 96-R-15 authorizing the City Manager to execute a contract extension for a (5) five-year period with Groot Industries (2500 Landmeier Road, Elk Grove Village, IL 60007) for the Municipal Solid Waste Franchise at a rate discounted by 10% from the 2015 franchise matrix rates for the first year of the renewal (November 1, 2015 – October 31, 2016). Funding Source: N/A Summary: The current Municipal Solid W aste Franchise Agreement with Groot Industries is set to expire on October 31, 2015. Groot provides collection service for commercial, business and institutional refuse and recycling and temporary construction and demolition roll-off containers. Groot also provides private service for all types of non-hazardous solid waste not otherwise covered by the Franchise Agreement. Groot is responsible for collecting solid waste and recycling material and directly billing each customer. Groot has agreed to provide a 10% discount from the current solid waste collection rates effective November 1, 2014 thru October 31, 2015 for the first year of the contract extension (November 1, 2015 – October 31, 2015). The revised rates showing the 10% discount are provided in Exhibit A of Resolution 96-R-15. Starting the second year of the extension, the franchise rates would be adjusted annually based on the Consumer Price Index (CPI), with a minimum increase of 1.5% and a maximum of 3.5%. Staff recommends extending the Municipal Solid Waste Franchise contract with Groot Industries as outlined in Resolution 96-R-15. This extension will result in savings across all service types and directly benefit Evanston business and institutions. Memorandum 151 of 346 9/15/2015 96-R-15 A RESOLUTION Authorizing the City Manager to Execute Contract Amendments to Waste Services Agreements with Groot and to Renew said Agreements 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 cost-effective pick up and removal of solid waste and yard waste in the City. The City Council determined that it is appropriate to enact extensions of all agreements with Groot, with prospective options to renew the residential solid waste agreement, the yard waste agreement, and the franchise agreement as outlined in Group Exhibit 1. The City is renewing these agreements with specific and clearly articulated goals of prompt and courteous service to residents and businesses. Nothing in these agreements shall be held to diminish or impair the City of Evanston’s right to equitably enforce all necessary provisions of these agreements and other applicable state and federal law. Further, nothing shall in any way impair or diminish 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 sign, and the City Clerk is hereby authorized to attest, on behalf of the City of Evanston, the following 3 amendments to the agreements for services to be provided by Groot. These contract amendments are attached hereto as Group Exhibit 1, and incorporated 152 of 346 96-R-15 ~2~ herein by reference. Groot Industries, Inc. hereby accepts the terms of this Resolution 96-R-15 and the contract amendments, as memorialized in Exhibit 2, attached hereto and incorporated herein. SECTION 3: That the City Manager is hereby authorized and directed to negotiate any additional terms and conditions of the contract amendments as may be determined to be in the best interests of the City, and in a form approved by the Corporation Counsel. SECTION 4: That the City may exercise its renewal option(s) relative to the residential solid waste and yard waste agreements, with the cumulative term of each not to exceed a total of 5 years in length. The decision whether to exercise such renewal option(s) shall be within the City’s sole discretion. SECTION 5: This Resolution 96-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 153 of 346 96-R-15 ~3~ GROUP EXHIBIT 1 Extensions and Contract Modifications 154 of 346 1 CONTRACT AMENDMENT NO. 1 TO SOLID WASTE SERVICES AGREEMENT BETWEEN THE CITY OF EVANSTON AND GROOT INDUSTRIES, INC., DATED OCTOBER 22, 2010 SOLID WASTE SERVICES AGREEMENT FOR SINGLE FAMILY RESIDENCES SIX (6) UNITS OR LESS (“Residential Solid Waste Agreement”) EFFECTIVE DATE OF THIS CONTRACT AMENDMENT: November 1, 2015 RECITALS WHEREAS, the City of Evanston (the “City”) and Groot Industries, Inc. (“Groot”) desire to renew and extend the term in the aforementioned Residential Solid Waste Agreement (the “Agreement”), and to also add new sections to the Agreement, through this Contract Amendment No. 1 (the “Amendment”); and WHEREAS, the language in Sections 3.1 and 5.1 of the Agreement are stricken and replaced, and amended in their entirety; and WHEREAS, this Amendment adds new sections to the Agreement as set forth herein. WHEREAS, all other terms of the Agreement, not revised or amended as provided herein, otherwise remain in full and force effect. NOW, THEREFORE, the parties agree as follows: I. MODIFICATION NO. 1 ARTICLE III TERMS OF SOLID WASTE SERVICES AGREEMENT Section 3.1 Term of Solid Waste Contract The Agreement between the City and the Contractor is renewed for an additional (2) two-year period, with the City’s option to renew for three additional one-year terms thereafter. The term of the first renewal period shall take effect November 1, 2015 and end on October 31, 2017. The City, in its sole discretion, may terminate this Agreement with 90 days prior written notice to the Contractor. Upon any such termination of this Agreement, the Contractor shall continue to perform the contractual services until the end of the renewal period during which period the City shall pay the Contractor its scheduled compensation. 155 of 346 2 In the event that the City does not provide a written termination notice to Groot by close of business August 1, 2017, the Agreement shall be renewed a first additional (1) one-year period, with such term taking effect November 1, 2017 and ending on October 31, 2018. In the event that the City does not provide a written termination notice to Groot by close of business August 1, 2018, the Agreement shall be renewed a second additional (1) one-year period, with such term taking effect November 1, 2018 and ending on October 31, 2019. In the event that the City does not provide a written termination notice to Groot by close of business August 1, 2019, the Agreement shall be renewed a final additional (1) one-year period, with such term taking effect November 1, 2019 and ending on October 31, 2020. II. MODIFICATION NO. 2 ARTICLE V COMPENSATION Section 5.1 Compensation Residential Solid Waste. For providing for, on behalf of the City, the collection and transportation of residential solid waste to SWANCC, the Contractor shall receive as compensation the rates outlined in the table below, based on the number of units of each service category. The Contractor shall provide regular invoices to the City itemizing the number of units serviced, and type of units serviced, along with the unit price. The number of units may be updated, based upon mutual agreement between the City and the Contractor, prior to any of an extension of this Agreement. Service Category Number of Units Unit price per month Once per week collection 65 gallon cart 2,466 $7.15 Once per week collection 95 gallon cart 10,512 $9.30 Once per week collection of an additional wheeled cart 65 gallon or 95 gallon cart 2,781 $7.95 156 of 346 3 The unit price outlined in this Section 5.1 will adjust annually based on the change in the Consumer Price Index (CPI-U) for the Midwest Urban Area, All Items. The charges for the 12 previous months are subject to a minimum 1.5% adjustment and 3.5% maximum adjustment, such adjustment that shall be effective as of November 1st of each subsequent year this Agreement is in effect. III. MODIFICATION NO. 3 The following new sections are added to the Agreement: Section 9.18 – Protection of Property The Contractor shall take all reasonable actions to avoid damage as a result of its operations, to existing sidewalks, curbs, streets, alleys, trees, parkways, pavements, utilities, adjoining property, and the property of the City and others. Contractor shall repair any damage thereto or replace damaged items specifically caused by Contractor’s operations. Contractor shall also leave all property described in the preceding two sentences in a clean and slightly condition, and shall clean property that is made unclean or unsightly by Contractor’s operations under this Agreement. All materials collected by the Contractor shall be so contained, secured or enclosed during collection and transportation so that leaking, spilling or blowing is prevented. The Contractor shall immediately clean up and remediate all litter, blowing debris, spills and releases of any material resulting from Contractor’s operations or activity occurring prior to the delivery of the material to its intended destination. Section 9.19 – Damage to Streets Prohibited Contractor shall use equipment that will not damage or disfigure City streets, and its operators/employees shall operate equipment in a manner that will not damage or disfigure City streets, sidewalks, trees, curbs, parkways, pavements, and City property. Contractor shall repair, at its sole expense, all damage to City property that is caused by spills, skidding vehicles, driving on sidewalks or parkways, equipment malfunctioning, or operator/employee negligence. Contractor shall maintain $35,000 in an account specifically designated for the cleaning of the streets or sidewalks by the City, to be used if the City cleans the streets or sidewalks instead of having Contractor do so, or, in the event Contractor does not perform such work to the City’s satisfaction. This account will be maintained on annual basis each calendar year this Agreement remains in effect. 157 of 346 4 Section 9.20 – Emergency Request for Service Upon request by the City, Contractor shall provide the services offered under this Agreement free of charge in emergencies to alleviate threats to public health, safety and welfare, including but not limited to, flooding and fly-dumping. The Contractor’s obligation to provide collection services under this Section shall be limited to forty (40) hours per year. The Contractor’s obligations under this Section do not include locations serviced by any other third party waste collection company. The maximum charge for additional costs associated with services exceeding the 40 hour limit in this Section charged to the City shall not exceed One Hundred Ten Dollars ($110.00) per hour with one (1) collector. Contractor may be requested to respond to the City’s request for these services within a twelve (12) hour period in the event of an emergency. IN WITNESS WHEREOF, the parties hereto have caused this Contract Amendment No. 1 to the Residential Solid Waste Services Agreement to be executed by their duly authorized representatives, effective as of November 1, 2015. Groot Industries, Inc. City of Evanston By: _________________________ By: ______________________ Its: _________________________ Its: City Manager Approved as to Form: ______________________ W. Grant Farrar, Corporation Counsel 158 of 346 1 CONTRACT AMENDMENT NO. 2 TO SOLID WASTE SERVICES AGREEMENT BETWEEN THE CITY OF EVANSTON AND GROOT INDUSTRIES, INC., DATED OCTOBER 22, 2010 YARD WASTE COLLECTION AND DISPOSAL PROGRAM (“Yard Waste Agreement”) EFFECTIVE DATE OF THIS CONTRACT AMENDMENT: November 1, 2015 RECITALS WHEREAS, the City of Evanston (the “City”) and Groot Industries, Inc. (“Groot”) desire to renew and extend the term in the aforementioned Yard Waste Contract (the “Agreement”), and to also add new sections to the Agreement, through this Contract Amendment No. 2 (the “Amendment No. 2”); and WHEREAS, the language in Section 3.1 of the Agreement, and Section 5.1 as previously modified by Contract Amendment No. 1 previously executed by the Parties on April 1, 2011, is stricken and replaced, and amended in their entirety; and WHEREAS, this Amendment No. 2 adds new sections to the Agreement as set forth herein. WHEREAS, all other terms of the Agreement, including those terms previously agreed to by the parties on April 1, 2011 in Contract Amendment No. 1, not revised or amended as provided herein, otherwise remain in full and force effect. NOW, THEREFORE, the parties agree as follows: I. MODIFICATION NO. 1 ARTICLE III TERMS OF SOLID WASTE SERVICES AGREEMENT Section 3.1 Term of Solid Waste Contract The Agreement between the City and the Contractor is renewed for an additional (2) two-year period, with the City’s option to renew for three additional one-year terms thereafter. The term of the first renewal period shall take effect November 1, 2015 and end on October 31, 2017. The City, in its sole discretion, may terminate this Agreement with 90 days prior written notice to the Contractor. Upon any such termination of this Agreement, the Contractor shall continue to 159 of 346 2 perform the contractual services until the end of the renewal period during which period the City shall pay the Contractor its scheduled compensation. In the event that the City does not provide a written termination notice to Groot by close of business August 1, 2017, the Agreement shall be renewed a first additional (1) one-year period, with such term taking effect November 1, 2017 and ending on October 31, 2018. In the event that the City does not provide a written termination notice to Groot by close of business August 1, 2018, the Agreement shall be renewed a second additional (1) one-year period, with such term taking effect November 1, 2018 and ending on October 31, 2019. In the event that the City does not provide a written termination notice to Groot by close of business August 1, 2019, the Agreement shall be renewed a final additional (1) one-year period, with such term taking effect November 1, 2019 and ending on October 31, 2020. II. MODIFICATION NO. 2 ARTICLE V COMPENSATION Section 5.1 Compensation 1) Yard Waste. For providing for, on behalf of the City, the collection, transportation and disposal of yard waste, the Contractor shall receive as compensation the rates outlined in this Section 5.1. The Contractor shall provide a monthly invoice over a nine (9) month cycle to the City itemizing the number of stops serviced, which is currently at 13,452, along with the unit price. Future increases/decreases to the number of stops serviced must be confirmed and mutually agreed upon by both the City and the Contractor. Yard Waste Collection Services, once per week collection of 95 gallon carts, kraft bags, or bundles, from 13,452 pick-up stops Dates Unit Price per Stop based on 13,452 stops per month Total cost of Service for 9 Month Collection Service Cycle Apr - Dec 2016 $5.41 $654,977.88 After December 2016, the unit price outlined in this Section 5.1 will adjust annually based on the change in the Consumer Price Index (CPI-U) for the Midwest Urban Area, All Items. The charges for the 12 previous months are 160 of 346 3 subject to a minimum 1.5% adjustment and 3.5% maximum adjustment, such adjustment that shall be effective as of November 1st of each subsequent year this Agreement is in effect. III. MODIFICATION NO. 3 The following new sections are added to the Agreement: Section 9.19 – Protection of Property The Contractor shall take all reasonable actions to avoid damage as a result of its operations, to existing sidewalks, curbs, streets, alleys, trees, parkways, pavements, utilities, adjoining property, and the property of the City and others. Contractor shall repair any damage thereto or replace damaged items specifically caused by Contractor’s operations. Contractor shall also leave all property described in the preceding two sentences in a clean and slightly condition, and shall clean property that is made unclean or unsightly by Contractor’s operations under this Agreement. All materials collected by the Contractor shall be so contained, secured or enclosed during collection and transportation so that leaking, spilling or blowing is prevented. The Contractor shall immediately clean up and remediate all litter, blowing debris, spills and releases of any material resulting from Contractor’s operations or activity occurring prior to the delivery of the material to its intended destination. Section 9.20 – Damage to Streets Prohibited Contractor shall use equipment that will not damage or disfigure City streets, and its operators/employees shall operate equipment in a manner that will not damage or disfigure City streets, sidewalks, trees, curbs, parkways, pavements, and City property. Contractor shall repair, at its sole expense, all damage to City property that is caused by spills, skidding vehicles, driving on sidewalks or parkways, equipment malfunctioning, or operator/employee negligence. Contractor shall maintain $35,000 in an account specifically designated for the cleaning of the streets or sidewalks by the City, to be used if the City cleans the streets or sidewalks instead of having Contractor do so, or, in the event Contractor does not perform such work to the City’s satisfaction. The Contractor shall fully fund and maintain this account on an annual basis each calendar year this Agreement remains in effect. 161 of 346 4 Section 9.21 – Emergency Request for Service Upon request by the City, Contractor shall provide the services offered under this Agreement free of charge in emergencies to alleviate threats to public health, safety and welfare, including but not limited to, flooding and fly-dumping. The Contractor’s obligation to provide collection services under this Section shall be limited to forty (40) hours per year. The Contractor’s obligations under this Section do not include locations serviced by any other third party waste collection company. The maximum charge for additional costs associated with services exceeding the 40 hour limit in this Section charged to the City shall not exceed One Hundred Ten Dollars ($110.00) per hour with one (1) collector. Contractor may be requested to respond to the City’s request for these services within a twelve (12) hour period in the event of an emergency. IN WITNESS WHEREOF, the parties hereto have caused this Contract Amendment No. 2 to the Solid Waste Services Agreement to be executed by their duly authorized representatives, effective as of November 1, 2015. Groot Industries, Inc. City of Evanston By: _________________________ By: ______________________ Its: _________________________ Its: City Manager Approved as to Form: ______________________ W. Grant Farrar, Corporation Counsel 162 of 346 1 CONTRACT AMENDMENT NO. 1 TO SOLID WASTE SERVICES AGREEMENT BETWEEN THE CITY OF EVANSTON AND GROOT INDUSTRIES, INC., DATED OCTOBER 10, 2008 SOLID WASTE SERVICES AGREEMENT FOR COMMERCIAL, BUSINESS, INSTITUTIONAL, MULTI-FAMILY RESIDENTIAL BUILDINGS (“Franchise Agreement”) EFFECTIVE DATE OF THIS CONTRACT AMENDMENT: November 1, 2015 RECITALS WHEREAS, the City of Evanston (the “City”) and Groot Industries, Inc. (“Groot”) desire to renew and extend the term in the aforementioned Commercial Waste Franchise Contract (the “Agreement”), and to also add new sections to the Agreement, through this Contract Amendment No. 1 (the “Amendment”); and WHEREAS, the language in Sections 2.7, 3.1 and 5.1 of the Agreement are stricken and replaced, and amended in their entirety; and WHEREAS, this Amendment adds new sections to the Agreement as set forth herein. WHEREAS, all other terms of the Agreement, not revised or amended as provided herein, otherwise remain in full and force effect. NOW, THEREFORE, the parties agree as follows: I. MODIFICATION NO. 1 ARTICLE II SCOPE OF SERVICES Section 2.7 Modification of Required Services The Municipality reserves the right to adjust or expand the scope of Commercial Services required under this Solid Waste Services Agreement, upon thirty (30) days prior written notice to the contractor, to accommodate changes in the definition of non-SWANCC waste, changes in the scope of services provided by SWANCC or to advance the City’s interest in emerging or optimizing sustainability program. The Municipality and the Contractor agree to negotiate an equitable adjustment to the Contractor’s compensation under this Solid Waste 163 of 346 2 Services Agreement required as a result of any adjustment or expansion of Municipal Franchised Services. II. MODIFICATION NO. 2 ARTICLE III TERMS OF SOLID WASTE SERVICES AGREEMENT Section 3.1 Term of Solid Waste Contract The Agreement between the City and the Contractor is renewed for an additional (5) five-year period. The term of the renewal period shall take effect November 1, 2015 and end on October 31, 2020. III. MODIFICATION NO. 3 ARTICLE V COMPENSATION Section 5.1 Compensation Non-SWANCC Waste. For providing for, on behalf of the Municipality, the collection, transportation and disposal (or sale) of commercial refuse and recyclables at a facility or facilities mutually agreed upon by the Municipality and the Contractor, and for providing revenue collection services, the contractor shall provide compensation from commercial customers based on the rates outlined in Exhibit 1 to this Agreement. The rates outlined in Exhibit 1 reflect a 10% rate reduction for the period of November 1, 2014 – October 31, 2015. The rates outlined in Exhibit A will adjust annually based on the change in the Consumer Price Index (CPI-U) for the Midwest Urban Area, All Items. The rates for the 12 previous months are subject to a minimum 1.5% adjustment and 3.5% maximum adjustment, such adjustment that shall be effective as of November 1st of each subsequent year this Agreement is in effect. IV. MODIFICATION NO. 4 The following new sections are added to the Agreement: Section 11.15 – Protection of Property The Contractor shall take all reasonable actions to avoid damage as a result of its operations, to existing sidewalks, curbs, streets, alleys, trees, parkways, pavements, utilities, adjoining property, and the property of the City and others. Contractor shall repair any damage thereto or replace damaged items specifically 164 of 346 3 caused by Contractor’s operations. Contractor shall also leave all property described in the preceding two sentences in a clean and slightly condition, and shall clean property that is made unclean or unsightly by Contractor’s operations under this Agreement. All materials collected by the Contractor shall be so contained, secured or enclosed during collection and transportation so that leaking, spilling or blowing is prevented. The Contractor shall immediately clean up and remediate all litter, blowing debris, spills and releases of any material resulting from Contractor’s operations or activity occurring prior to the delivery of the material to its intended destination. Section 11.16 – Damage to Streets Prohibited Contractor shall use equipment that will not damage or disfigure City streets, and its operators/employees shall operate equipment in a manner that will not damage or disfigure City streets, sidewalks, trees, curbs, parkways, pavements, and City property. Contractor shall repair, at its sole expense, all damage to City property that is caused by spills, skidding vehicles, driving on sidewalks or parkways, equipment malfunctioning, or operator/employee negligence. Contractor shall maintain $35,000 in an account specifically designated for the cleaning of the streets or sidewalks by the City, to be used if the City cleans the streets or sidewalks instead of having Contractor do so, or, in the event Contractor does not perform such work to the City’s satisfaction. This account will be maintained on annual basis each calendar year this Agreement remains in effect. Section 11.16 – Emergency Request for Service Upon request by the City, Contractor shall provide the services offered under this Agreement free of charge in emergencies to alleviate threats to public health, safety and welfare, including but not limited to, flooding and fly-dumping. The Contractor’s obligation to provide collection services under this Section shall be limited to forty (40) hours per year. The Contractor’s obligations under this Section do not include locations serviced by any other third party waste collection company. The maximum charge for additional costs associated with services exceeding the 40 hour limit in this Section charged to the City shall not exceed One Hundred Ten Dollars ($110.00) per hour with one (1) collector. Contractor may be requested to respond to the City’s request for these services within a twelve (12) hour period in the event of an emergency. 165 of 346 4 IN WITNESS WHEREOF, the parties hereto have caused this Contract Amendment No. 2 to the Solid Waste Services Agreement to be executed by their duly authorized representatives, effective as of November 1, 2015. Groot Industries, Inc. City of Evanston By: _________________________ By: ______________________ Its: _________________________ Its: City Manager Approved as to Form: ______________________ W. Grant Farrar, Corporation Counsel 166 of 346 EXHIBIT A TO CONTRACT AMENDMENT NO. 1 FRANCHISE AGREEMENT RATES 167 of 346 EXHIBIT A Solid Waste Hauling Disposal Services Groot Industries Rates Effective November 1, 2015 - October 31, 2016 Rates below reflect a 10% reduction from the rates effective Nov 1, 2014 - Oct 31, 2015 Continaer Size 1 x Wk 2x Wk 3x Wk 4x Wk 5x Wk 6x Wk 65 gallon carts $22.80 95 gallon carts $22.80 $39.50 $54.40 1 cubic yard $41.92 $78.29 $109.77 $146.05 1.5 cubic yards $51.39 $90.05 $127.08 $167.33 $205.97 $244.62 2 cubic yards $62.72 $119.14 $171.20 $231.66 $287.23 $344.79 4 cubic yards $104.27 $189.49 $274.70 $359.71 $442.93 $530.24 6 cubic yards $155.40 $282.50 $406.49 $538.78 $656.73 $691.16 8 cubic yards $189.20 $352.69 $509.35 $671.90 $843.13 $876.26 10 cubic yards $224.42 $414.64 $604.95 $795.19 $985.30 $1,042.16 Continaer Size 1 x Wk 2x Wk 3x Wk 4x Wk 5x Wk 95 gallon carts Free $24.35 1 cubic yard $35.60 $71.22 $106.83 1.5 cubic yards $38.93 $77.88 $116.81 $155.75 $194.68 2 cubic yards $45.16 $90.31 $135.46 $180.60 $225.77 4 cubic yards $87.06 $174.10 $261.15 $348.21 $435.27 6 cubic yards $105.13 $210.29 $315.41 $420.56 $525.71 8 cubic yards $124.62 $249.27 $373.89 $498.55 $623.16 10 cubic yards $142.32 $284.63 $426.95 $569.27 $711.56 Size Temporary Permanent Cap (Tons) 10-yard roll-off $354.84 $345.84 2 15-yard roll-off $388.86 $375.36 2.5 20-yard roll-off $417.20 $399.20 3 30-yard roll-off $482.97 $455.97 4 YARDS Per Haul Cap (Tons) 20-yard compaction equiment $399.20 3 25-yard compaction equiment $417.35 3.5 30-yard compaction equiment $455.98 4 Solid Waste Hauling Cost per Month Frequency of Service Roll-off dumpsters that exceed cap will be invoiced at $60.13 per ton. Recycling Cost per Month Roll-off Rates Cost per Haul Permanent Compactors Frequency of Service 168 of 346 96-R-15 ~4~ EXHIBIT 2 ACKNOWLEDGMENT AND AGREEMENT TO THE TERMS OF RESOLUTION 96-R-15 AND EXTENSIONS OF THE WASTE SERVICES AGREEMENTS, AS MODIFIED, WITH THE CITY OF EVANSTON Groot Industries, Inc. hereby acknowledges and agrees to the terms of Resolution 96-R-15, and to the extensions of the waste services agreements, as modified, with the City of Evanston. GROOT INDUSTRIES, INC. By: _____________________________________ Frank Hillegonds, Municipal Affairs Manager ATTEST: _______________________________________ Its: Secretary 169 of 346 For City Council meeting of September 21, 2015 Item A6 Ordinance 124-O-15: 2015 A and B General Obligation Bond Issue For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Subject: Ordinance 124-O-15 Authorizing 2015 A and B General Obligation Bond Issue Date: September 16, 2015 Recommended Action: Staff recommends adoption of Ordinance 124-O-15 providing for the issuance of the FY 2015 A and B bond issues as follows: • 2015 A General Obligation Bond Not-To-Exceed $14,000,000 • 2015 B General Obligation Refunding Bond Not-To-Exceed $11,475,000 The ordinance will be completed and signed after the bond sale date, which is tentatively scheduled for October 15, 2015. Funding Source: The proposed $14,000,000 2015 A debt issuance is comprised of $7,700,000 of unabated general obligation (G.O.) bonds, $5,980,000 of abated G.O. bonds, and estimated debt issuance costs totaling approximately $70,000 and is funded as summarized below: Funding Source Debt Type Amount Tax Levy Unabated 7,700,000$ Special Assessment Fund Abated 250,000$ Water Fund Abated 5,730,000$ Estimated Issuance Costs N/A 70,000$ TOTAL 13,750,000$ 2015 A GENERAL OBLIGATION BOND SUMMARY The proposed $11,475,000 2015 B issuance will fund the replacement of $11,330,000 of 2006 B bonds plus issuance costs. Memorandum 170 of 346 The final amount of bonds issued may vary based on the actual bid responses. Summary: Staff recommends adoption of the Ordinance 124-O-15 for the FY 2015 A and B bond issuance totaling $25,475,000. As noted above, the proposed debt issuance is comprised of $7,700,000 of unabated general obligation (G.O.) bonds, $5,980,000 of abated G.O. bonds, and estimated debt issuance costs totaling approximately $70,000. The breakdown of the proposed 2015 bond issuance by fund and type of debt is provided in the table below: 2015 A GENERAL OBLIGATION BOND SUMMARY Fund Unabated GO Bonds Abated GO Bonds Issuance Costs TOTAL Capital Improvements Fund 7,110,000 - 30,000 7,140,000 Library Fund 340,000 10,000 350,000 Special Assessment Fund 250,000 250,000 10,000 510,000 Water Fund - 5,730,000 20,000 5,750,000 TOTAL 7,700,000 5,980,000 70,000 13,750,000 As done previously, the City uses a parameters ordinance that provides a not-to-exceed limit for the bonds set at $14,000,000. This allows for any favorable issuance structure that is slightly different than the paramount desired. The 2015 B General Bond issue is a straightforward refunding of 2006 B bonds, which are now callable for the period of 2017 – 2023. The principle payment on these bonds is done in January of each year and therefore the City will make the 2016 payment in the next 90 days, and will then refund/replace the remaining bonds with the 2015 B bonds at lower interest rates and an estimated savings of $590,000 per the refunding analysis included as Attachment 2. The bond sale is planned for October 15, 2015. A summary of the City’s current unabated debt and the impact of the proposed G.O. bond issuance are provided in the table below: Unabated Debt Summary Amount Beginning Unabated Debt (as of 1/1/15)111,560,340$ Proposed FY15 Unabated Debt Issuance 7,750,000 FY15 Unabated Debt Payment (8,147,943) Projected Year End Unabated Debt (through 12/31/15)111,162,397$ 171 of 346 The above analysis excludes the 2016 B refunding, Water Fund Debt, and Special Assessment Fund Debt. The City’s unabated General Obligation debt limit is $113,000,000 (per page 47 of the 2015 Adopted Budget). Capital Improvement Program The FY 2015 Capital Improvement Program (CIP) contains a detailed list of projects funded by general obligation bonds, and based on revised estimates the specific project funding is listed as Attachment 1 to this report. Issuance costs are listed separately above. Special Assessment Fund The City’s Special Assessment Fund serves as a collection center for special assessments by residential homeowners for their share of the cost for alley paving. As part of the 2015 G.O. debt issuance, staff proposes issuing bonds totaling $510,000 for the Special Assessment Fund, 50% of which will be abated from the Special Assessment Fund. Water Fund The FY 2015 CIP includes $2,000,000 of Water Fund capital projects to be funded by general obligation debt for projects being completed this year. The 2015 A bond issue recommended in this report includes an additional $3,730,000 in debt to fund the Sheridan Road project, which will begin before the normal summer issuance time frame for 2016. Legislative History: N/A Attachments List of 2015 Debt Funded CIP Projects 2015 Bond Ordinance 124-O-15 2006 B Savings Analysis 172 of 346 CITY OF EVANSTON 2015 A BOND ISSUE CAPITAL PROJECTS LIST Project Name Department AMOUNT FUNDED BY 2015 A BONDS Alley Paving Public Works $ 600,000 Baker Park Renovations Public Works $ 400,000 Bike Lane through Mason Park Public Works $25,000 Bridge Street Bridge - IDOT Reimbrsement Public Works $50,000 Central Street - Hartrey to Eastwood Design (Streetscape project)Public Works $ 150,000 Central Street Sidewalk - Prairie to Prairie Construction (Streetscape Project)Public Works $ 400,000 Central Street Streetscape-- Greenbay Corridor Project Design Public Works $ 350,000 Chandler Center / Minor Improvements Public Works $75,000 Civic Center Complex (boiler building) Renovations Public Works $83,000 Civic Center Security Improvements Public Works $ 100,000 Crown Center Design Admin Services $ 300,000 Dempster Signals Phase II & III and Construction Engineering Public Works $ 250,000 Ecology Center Greenhouse Renovations & Expansion of Bldg Public Works $50,000 Emerson/Ridge/Green Bay Intersection-- Phase II Public Works $ 499,000 Energy Efficiency Programs Utilities $50,000 Engineering Services Public Works $ 500,000 Facilities Capital Improvement Contingency Public Works $50,000 Lakefront - (church street) Boat Ramp Renovations Public Works $ 200,000 Neighborhood Traffic Calming & Pedestrian/Bike Accommodations Public Works $75,000 ATTACHMENT 1 173 of 346 Attachment 1 Page 2 of 2 CITY OF EVANSTON 2015 A BOND ISSUE CAPITAL PROJECTS LIST Project Name Department AMOUNT FUNDED BY 2015 A BONDS Pedestrian Safety, Pavement Marking, Streetlight Improvements Public Works $ 150,000 Police Cameras Admin Services $ 325,000 Service Center Outside Maintenance and Storage Public Works $ 150,000 Sheridan Road Phase 1 & 2 design (includes bike lane)Public Works $ 800,000 Sheridan Road Signal Upgrade Project (Main to Burnham)Public Works $ 150,000 Sidewalk-- 50/50 Replacement Program Public Works $ 150,000 Solar Power Installation Public Works $55,000 Street Patching various locations Utilities $ 300,000 Street Resurfacing and water main replacement Public Works $ 273,650 Structural Engineering Contract Services Public Works $40,000 Tough Book Purchase for Police and Fire Admin Services $ 323,000 Central Street Bridge--Emergency Repair Public Works $ 163,000 Emerson/Ridge/Green Bay Phase II Design-Public Works $ 146,000 Gibbs-- Morrison Public Works $50,000 Grey Park Banner Poles Public Works $10,000 Noyes Theater Lighting Public Works $70,000 Library Repair and Renovation Projects $ 350,000 TOTAL UNABATED BOND FUNDED PROJECTS $ 7,712,650 WATER FUND DEBT Sheridan Road Water Main Utilities $ 3,730,000 North and South Tank Painting Utilities $ 2,000,000 13,442,650$ 174 of 346 3835894.01.11.B 2231926 ORDINANCE NUMBER 124-O-15 AN ORDINANCE providing for the issuance of one or more series of not to exceed $14,000,000 General Obligation Corporate Purpose Bonds, Series 2015A and one or more series of not to exceed $11,475,000 General Obligation Refunding Bonds, Series 2015B, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. Introduced on the 21st day of September, 2015. Adopted by the City Council on the 12th day of October, 2015. Published in Pamphlet Form by Authority of the Corporate Authorities on the ____ day of September, 2015. 175 of 346 -i- TABLE OF CONTENTS SECTION HEADING PAGE PREAMBLES ......................................................................................................................................1 SECTION 1. DEFINITIONS ......................................................................................................4 SECTION 2. INCORPORATION OF PREAMBLES ......................................................................8 SECTION 3. DETERMINATION TO ISSUE BONDS ...................................................................8 SECTION 4. BOND DETAILS...................................................................................................8 SECTION 5. REGISTRATION OF BONDS; PERSONS TREATED AS OWNERS .........................10 SECTION 6. BOOK ENTRY PROVISIONS...............................................................................12 SECTION 7. EXECUTION; AUTHENTICATION ......................................................................14 SECTION 8. REDEMPTION....................................................................................................14 SECTION 9. FORM OF BONDS ..............................................................................................21 SECTION 10. SECURITY FOR THE BONDS ..............................................................................27 SECTION 11. TAX LEVY; ABATEMENTS ...............................................................................27 SECTION 12. FILING WITH COUNTY CLERK .........................................................................28 SECTION 13. SALE OF BONDS; BOND ORDER(S); OFFICIAL STATEMENT ............................28 SECTION 14. CONTINUING DISCLOSURE UNDERTAKING .....................................................30 SECTION 15. CREATION OF FUNDS AND APPROPRIATIONS ..................................................31 SECTION 16. GENERAL TAX COVENANTS ............................................................................34 SECTION 17. CERTAIN SPECIFIC TAX COVENANTS ..............................................................35 176 of 346 -ii- SECTION 18. MUNICIPAL BOND INSURANCE ........................................................................37 SECTION 19. RIGHTS AND DUTIES OF BOND REGISTRAR ....................................................38 SECTION 20. DEFEASANCE....................................................................................................39 SECTION 21. PRIOR BONDS AND TAXES ...............................................................................40 SECTION 22. PUBLICATION OF ORDINANCE .........................................................................41 SECTION 23. SEVERABILITY .................................................................................................41 SECTION 24. SUPERSEDER AND EFFECTIVE DATE ...............................................................42 LIST OF EXHIBITS A—FORM OF BOND ORDER B—CONTINUING DISCLOSURE UNDERTAKING C—ESCROW LETTER AGREEMENT 177 of 346 ORDINANCE NUMBER 124-O-15 AN ORDINANCE providing for the issuance of one or more series of not to exceed $14,000,000 General Obligation Corporate Purpose Bonds, Series 2015A and one or more series of not to exceed $11,475,000 General Obligation Refunding Bonds, Series 2015B, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. PREAMBLES WHEREAS A. The City of Evanston, Cook County, Illinois (the “City”), has a population in excess of 25,000, and pursuant to the provisions of the 1970 Constitution of the State of Illinois and particularly Article VII, Section 6(a) thereof, is a home rule unit and as such may exercise any power or perform any function pertaining to its government and affairs, including, but not limited to, the power to tax and to incur debt. B. Pursuant to the home rule provisions of Section 6 of Article VII, the City has the power to incur debt payable from ad valorem property tax receipts or from any other lawful source and maturing within 40 years from the time it is incurred without prior referendum approval. C. The City Council of the City (the “Corporate Authorities”) has determined it is necessary and convenient for the public health, safety, and welfare to provide for capital improvements at various locations throughout the City, including certain capital expenditures as detailed for the year 2015 in the City’s Capital Improvement Plan, as adopted by the Corporate Authorities, and to pay expenses incidental to such improvements and costs of issuance of bonds for such purpose (such improvements and related expenses and costs being the “Capital Improvement Project”) at an estimated cost of approximately $14,000,000; and, there being no 178 of 346 -2- funds on hand and allocable to the purpose, the Corporate Authorities have determined it is necessary and convenient to borrow not to exceed said sum of $14,000,000 at this time pursuant to the Act (as hereinafter defined) and, in evidence of such borrowing, to issue general obligation bonds (the “2015A Bonds” as hereinafter further defined) of the City for such purpose in not to exceed such principal amount. D. The City has heretofore issued and there are now outstanding the following legal and validly binding and subsisting obligations of the City: GENERAL OBLIGATION BONDS, SERIES 2006B, DATED DECEMBER 28, 2006 Original Principal Amount: $14,430,000 Originally Due Serially on January 1 of the Years: 2013 to 2023 Amount Remaining Outstanding: $13,210,000 Amount Which May Be Refunded: $11,330,000 REMAINING OUTSTANDING 2006B BONDS AND 2006B BONDS WHICH MAY BE REFUNDED DUE AND DESCRIBED AS FOLLOWS: JANUARY 1 OF THE YEAR AMOUNT ($) RATE OF INTEREST (%) AMOUNT WHICH MAY BE REFUNDED 2016 1,880,000 4.000 NONE 2017 1,695,000 4.250 ALL 2018 1,725,000 4.500 ALL 2019 1,555,000 4.000 ALL 2020 1,585,000 4.200 ALL 2021 1,825,000 4.125 ALL 2022 1,355,000 4.250 ALL 2022 500,000 4.500 ALL 2023 1,090,000 4.250 ALL which bonds (the “Prior Bonds” and those Prior Bonds which may be refunded as shown in the table above the “Eligible Prior Bonds”) are subject to redemption prior to maturity at the option 179 of 346 -3- of the City on any date on or after January 1, 2016, at the redemption price of par plus accrued interest to the date of redemption. E. The Corporate Authorities have considered and determined that interest rates available in the bond market for the maturities of the Eligible Prior Bonds to be refunded are currently more favorable for the City than they were at the time when the Eligible Prior Bonds were issued and that it is possible, proper, and advisable to provide for the timely refunding, if such favorable rates continue, of the Eligible Prior Bonds, and to provide for the payment and redemption thereof as same become due at the earliest practical date of redemption, to the end of taking advantage of the debt service savings which may result from such lower interest rates (which refunding may hereinafter be referred to as the “Refunding”). F. The Corporate Authorities hereby determine that it is advisable and in the best interests of the City to provide for the borrowing of not to exceed $11,475,000 at this time pursuant to the Act for the purpose of paying the costs of the Refunding and, in evidence of such borrowing, to provide for the issuance of general obligation bonds (the “2015B Bonds” as hereinafter further defined) of the City for such purpose in not to exceed such principal amount. G. The Corporate Authorities have heretofore and it hereby expressly is determined that it is desirable and in the best interests of the City that there be authorized at this time the borrowing of money for the Capital Improvement Project and the Refunding and, in evidence of such borrowing, the issuance of bonds of the City, and that certain officers of the City be authorized to sell the 2015A Bonds and the 2015B Bonds and, accordingly, it is necessary that said officers be so authorized within certain parameters as hereinafter set forth. NOW THEREFORE Be It Ordained by the City Council of the City of Evanston, Cook County, Illinois, in the exercise of its home rule powers, as follows: 180 of 346 -4- Section 1. Definitions. Words and terms used in this Ordinance shall have the meanings given them, unless the context or use clearly indicates another or different meaning is intended. Words and terms defined in the singular may be used in the plural and vice-versa. Reference to any gender shall be deemed to include the other and also inanimate persons such as corporations, where applicable. A. The following words and terms are as defined in the preambles. Capital Improvement Project City Corporate Authorities Eligible Prior Bonds Prior Bonds Refunding B. The following words and terms are defined as set forth. “Act” means the Illinois Municipal Code, as supplemented and amended, and also the home rule powers of the City under Section 6 of Article VII of the Illinois Constitution of 1970; and in the event of conflict between the provisions of the code and home rule powers, the home rule powers shall be deemed to supersede the provisions of the code; and, further, includes the Local Government Debt Reform Act, as amended. “Ad Valorem Property Taxes” means the real property taxes levied to pay the Bonds as described and levied in Section 11 of this Ordinance. “Bond Counsel” means Chapman and Cutler LLP, Chicago, Illinois. “Bond Funds” means the Bond Funds established and defined in Section 15 of this Ordinance. 181 of 346 -5- “Bond Moneys” means the Ad Valorem Property Taxes and any other moneys deposited into the Bond Funds and investment income held in the Bond Funds. “Bond Order” means a Bond Order as authorized to be executed by Designated Officers of the City as provided in Section 13 of this Ordinance, substantially in the form (with related certificates) as attached hereto as Exhibit A, and by which the final terms of the Bonds will be established. “Bond Purchase Agreement” means the contract for the sale of each Series of the Bonds by and between the City and the Purchaser, which shall be in each instance the Official Bid Form, as executed, in response to an Official Notice of Sale given by the City in connection with the public competitive sale of each Series of the Bonds. “Bond Register” means the books of the City kept by the Bond Registrar to evidence the registration and transfer of the Bonds, as provided in this Ordinance. “Bond Registrar” means Wells Fargo Bank, N.A., a national banking association, having trust offices located in the City of Minneapolis, Minnesota, or its successors, in its capacity as bond registrar and paying agent under this Ordinance, or a substituted bond registrar and paying agent as hereinafter provided. “2015A Bonds” means the General Obligation Corporate Purpose Bonds, Series 2015A authorized to be issued by this Ordinance. “2015B Bonds” means the General Obligation Refunding Bonds, Series 2015B authorized to be issued by this Ordinance. “Bonds” means any of the one or more series of general obligation bonds of various names authorized to be issued by this Ordinance, including, specifically, the 2015A Bonds and the 2015B Bonds. 182 of 346 -6- “Book Entry Form” means the form of the Bonds as fully registered and available in physical form only to the Depository. “Code” means the Internal Revenue Code of 1986, as amended. “Continuing Disclosure Undertaking” means the undertaking by the City for the benefit of the Purchaser as authorized in Section 14 of this Ordinance and substantially in the form as attached hereto as Exhibit B. “County” means The County of Cook, Illinois. “County Clerk” means the County Clerk of the County. “Dated Date” means the dated date for each Series of Bonds, as set forth in the relevant Bond Order. “Depository” means The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York, its successors, or a successor depository qualified to clear securities under applicable state and federal laws. “Designated Officers” means the City Manager and the Mayor, acting in concert. “Escrow Letter Agreement” means the escrow letter agreement between the City and the paying agent for the Prior Bonds, in the form attached hereto as Exhibit C. “Financial Advisors” means Public Financial Management, Inc. “Ordinance” means this Ordinance, numbered as set forth on the title page, and passed by the Corporate Authorities on the 12th day of October, 2015. “Purchase Price” means the price to be paid for the Bonds as set forth in a Bond Order, provided that no Purchase Price for any Series of Bonds shall be less than 99.0% of the par value of said Series of Bonds, plus accrued interest from the date of issue to the date of delivery. 183 of 346 -7- “Purchaser” means, for any Series of Bonds, the winning bidder at competitive sale. “Record Date” means the 15th day of the month preceding any regular or other interest payment date occurring on the first day of any month and 15 days preceding any interest payment date occasioned by the redemption of Bonds on other than the first day of a month. “Refunded Bonds” means the Eligible Prior Bonds that are refunded by the 2015B Bonds, as set forth in the Escrow Letter Agreement (a form of which is attached hereto as Exhibit C). “Series” means any of the one or more separate series of the Bonds authorized to be issued pursuant to this Ordinance. “Tax-exempt” means, with respect to a Series of Bonds, the status of interest paid and received thereon as excludable from gross income of the owners thereof for federal income tax purposes and as not included as an item of tax preference in computing the alternative minimum tax for individuals and corporations under the Code, but as taken into account in computing an adjustment used in determining the federal alternative minimum tax for certain corporations. “Term Bonds” means Bonds subject to mandatory redemption by operation of the Bond Fund and designated as term bonds in the Bond Order. C. Definitions also appear in the above preambles or in specific sections, as appearing below. The table of contents preceding and the headings in this Ordinance are for the convenience of the reader and are not a part of this Ordinance. 184 of 346 -8- Section 2. Incorporation of Preambles. The Corporate Authorities hereby find that all of the recitals contained in the preambles to this Ordinance are true, correct, and complete and do incorporate them into this Ordinance by this reference. Section 3. Determination To Issue Bonds. It is necessary and in the best interests of the City to provide for the Capital Improvement Project and the Refunding, to pay all necessary or advisable related costs, and to borrow money and issue the Bonds for the purpose of paying such costs. It is hereby found and determined that such borrowing of money is for a proper public purpose or purposes, is in the public interest, and is authorized pursuant to the Act; and these findings and determinations shall be deemed conclusive. Section 4. Bond Details. A. THE 2015A BONDS. There shall be issued and sold the 2015A Bonds in one or more Series in the aggregate principal amount of not to exceed $14,000,000. The 2015A Bonds shall each be designated “General Obligation Corporate Purpose Bond, Series 2015A” or such other name or names or series designations as may be appropriate and as stated in the relevant Bond Order; be dated the date of issuance thereof or such other Dated Date on or prior to the initial date of issuance as may be set forth in the relevant Bond Order if it is determined therein to be a date better suited to the advantageous marketing of the 2015A Bonds; and shall also bear the date of authentication thereof. The 2015A Bonds shall be fully registered and in Book Entry Form, shall be in denominations of $5,000 or integral multiples thereof (but no single 2015A Bond shall represent principal maturing on more than one date), and shall be numbered consecutively within a Series in such fashion as shall be determined by the Bond Registrar. The 2015A Bonds shall become due and payable serially or as Term Bonds (subject to right of prior redemption if so provided in the Bond Order) on December 1 of the years in which the 2015A Bonds are to mature. The 2015A Bonds shall mature in the amounts and in the years as shall be set forth in the relevant Bond Order, provided, however, that 185 of 346 -9- (a) the final date of maturity of the 2015A Bonds shall not extend past December 1, 2035 and (b) the sum of the principal of and interest on the 2015A Bonds that shall become due (or subject to mandatory redemption) in any given annual period from December 2 to the following December 1 (a “Bond Year”) shall not exceed $1,200,000. Each 2015A Bond shall bear interest at a rate not to exceed five percent (5.00%) from the later of its Dated Date or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of such 2015A Bond is paid or duly provided for, such interest (computed upon the basis of a 360-day year of twelve 30-day months) being payable on June 1 and December 1 of each year, commencing not earlier than June 1, 2016, or such other June 1 or December 1 not later than one year beyond the Dated Date as shall be provided in a relevant Bond Order. B. THE 2015B BONDS. There shall be issued and sold the 2015B Bonds in one or more Series in the aggregate principal amount of not to exceed $11,475,000. The 2015B Bonds shall each be designated “General Obligation Refunding Bond, Series 2015B” or such other name or names or series designations as may be appropriate and as stated in the relevant Bond Order; be dated the date of issuance thereof or such other Dated Date on or prior to the initial date of issuance as may be set forth in the relevant Bond Order if it is determined therein to be a date better suited to the advantageous marketing of the 2015B Bonds; and shall also bear the date of authentication thereof. The 2015B Bonds shall be fully registered and in Book Entry Form, shall be in denominations of $5,000 or integral multiples thereof (but no single 2015B Bond shall represent principal maturing on more than one date), and shall be numbered consecutively within a Series in such fashion as shall be determined by the Bond Registrar. The 2015B Bonds shall become due and payable serially or as Term Bonds (subject to right of prior redemption if so provided in the Bond Order) on December 1 of the years in which the 2015B Bonds are to mature. The 2015B Bonds shall mature in the amounts and in the years as shall be set forth in 186 of 346 -10- the relevant Bond Order, provided, however, that (a) the final date of maturity of the 2015B Bonds shall not extend past December 1, 2022 and (b) the sum of the principal of and interest on the 2015B Bonds that shall become due (or subject to mandatory redemption) in any given annual period from December 2 to the following December 1 (a “Bond Year”) shall not exceed $2,500,000. Each 2015B Bond shall bear interest at a rate not to exceed five percent (5.00%) from the later of its Dated Date or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of such 2015B Bond is paid or duly provided for, such interest (computed upon the basis of a 360-day year of twelve 30-day months) being payable on June 1 and December 1 of each year, commencing not earlier than June 1, 2016, or such other June 1 or December 1 not later than one year beyond the Dated Date as shall be provided in a relevant Bond Order. C. GENERAL. Interest on each Bond shall be paid by check or draft of the Bond Registrar, payable upon presentation thereof in lawful money of the United States of America, to the person in whose name such Bond is registered at the close of business on the applicable Record Date and mailed to the registered owner of the Bond as shown in the Bond Registrar or at such other address furnished in writing by such Registered Owner, or as otherwise may be agreed with the Depository for so long as the Depository or its nominee is the registered owner as of a given Record Date. The principal of the Bonds shall be payable in lawful money of the United States of America upon presentation thereof at the office of the Bond Registrar maintained for the purpose. Section 5. Registration of Bonds; Persons Treated as Owners. The City shall cause the Bond Register to be kept at the office of the Bond Registrar maintained for such purpose, which is hereby constituted and appointed the registrar of the City for the Bonds. The City shall prepare, and the Bond Registrar or such other agent as the City may designate shall keep custody 187 of 346 -11- of, multiple Bond blanks executed by the City for use in the transfer and exchange of Bonds. Subject to the provisions of this Ordinance relating to the Bonds in Book Entry Form, any Bond may be transferred or exchanged, but only in the manner, subject to the limitations, and upon payment of the charges as set forth in this Ordinance. Upon surrender for transfer or exchange of any Bond at the office of the Bond Registrar maintained for the purpose, duly endorsed by or accompanied by a written instrument or instruments of transfer or exchange in form satisfactory to the Bond Registrar and duly executed by the registered owner or an attorney for such owner duly authorized in writing, the City shall execute and the Bond Registrar shall authenticate, date, and deliver in the name of the transferee or transferees or, in the case of an exchange, the registered owner, a new fully registered Bond or Bonds of like Series and tenor, of the same maturity, bearing the same interest rate, of authorized denominations, for a like aggregate principal amount. The Bond Registrar shall not be required to transfer or exchange any Bond during the period from the close of business on the Record Date for an interest payment to the opening of business on such interest payment date or during the period of 15 days preceding the giving of notice of redemption of Bonds or to transfer or exchange any Bond all or any portion of which has been called for redemption. The execution by the City of any fully registered Bond shall constitute full and due authorization of such Bond, and the Bond Registrar shall thereby be authorized to authenticate, date and deliver such Bond; provided, however, the principal amount of Bonds of each Series and maturity authenticated by the Bond Registrar shall not at any one time exceed the authorized principal amount of Bonds for such Series and maturity less the amount of such Bonds which have been paid. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of the principal of or interest on any Bond shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and 188 of 346 -12- effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. No service charge shall be made to any registered owner of Bonds for any transfer or exchange of Bonds, but the City or the Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of Bonds. Section 6. Book Entry Provisions. The Bonds shall be initially issued in the form of a separate single fully registered Bond for each of the maturities of each of the Series of the Bonds. Upon initial issuance, the ownership of each such Bond shall be registered in the Bond Register in the name of the Depository or a designee or nominee of the Depository (such depository or nominee being the “Book Entry Owner”). Except as otherwise expressly provided, all of the outstanding Bonds from time to time shall be registered in the Bond Register in the name of the Book Entry Owner (and accordingly in Book Entry Form as such term is used in this Ordinance). Any City officer, as representative of the City, is hereby authorized, empowered, and directed to execute and deliver or utilize a previously executed and delivered Letter of Representations or Blanket Letter of Representations (either being the “Letter of Representations”) substantially in the form common in the industry, or with such changes therein as the officer executing the Letter of Representations on behalf of the City shall approve, his or her execution thereof to constitute conclusive evidence of approval of such changes, as shall be necessary to effectuate Book Entry Form. Without limiting the generality of the authority given with respect to entering into such Letter of Representations, it may contain provisions relating to (a) payment procedures, (b) transfers of the Bonds or of beneficial interests therein, (c) redemption notices and procedures unique to the Depository, (d) additional notices or communications, and (e) amendment from time to time to conform with changing customs and practices with respect to securities industry transfer and payment practices. With respect to Bonds registered in the Bond Register in the 189 of 346 -13- name of the Book Entry Owner, none of the City, any City officer, or the Bond Registrar shall have any responsibility or obligation to any broker-dealer, bank, or other financial institution for which the Depository holds Bonds from time to time as securities depository (each such broker-dealer, bank, or other financial institution being referred to herein as a “Depository Participant”) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds. Without limiting the meaning of the immediately preceding sentence, the City, any City officer, and the Bond Registrar shall have no responsibility or obligation with respect to (a) the accuracy of the records of the Depository, the Book Entry Owner, or any Depository Participant with respect to any ownership interest in the Bonds, (b) the delivery to any Depository Participant or any other person, other than a registered owner of a Bond as shown in the Bond Register or as otherwise expressly provided in the Letter of Representations, of any notice with respect to the Bonds, including any notice of redemption, or (c) the payment to any Depository Participant or any other person, other than a registered owner of a Bond as shown in the Bond Register, of any amount with respect to principal of or interest on the Bonds. No person other than a registered owner of a Bond as shown in the Bond Register shall receive a Bond certificate with respect to any Bond. In the event that (a) the City determines that the Depository is incapable of discharging its responsibilities described herein and in the Letter of Representations, (b) the agreement among the City, the Bond Registrar, and the Depository evidenced by the Letter of Representations shall be terminated for any reason, or (c) the City determines that it is in the best interests of the City or of the beneficial owners of a Series of the Bonds either that they be able to obtain certificated Bonds or that another depository is preferable, the City shall notify the Depository and the Depository shall notify the Depository Participants of the availability of Bond certificates, and the Bonds (of a given Series if applicable) shall no longer be restricted to being registered in the Bond Register in the name of the Book Entry Owner. 190 of 346 -14- Alternatively, at such time, the City may determine that the Bonds of such Series shall be regis- tered in the name of and deposited with a successor depository operating a system accommodating Book Entry Form, as may be acceptable to the City, or such depository’s agent or designee, but if the City does not select such alternate book entry system, then the Bonds of such Series shall be registered in whatever name or names registered owners of Bonds transferring or exchanging Bonds shall designate, in accordance with the provisions of this Ordinance. Section 7. Execution; Authentication. The Bonds shall be executed on behalf of the City by the manual or duly authorized facsimile signature of its Mayor and attested by the manual or duly authorized facsimile signature of its City Clerk, as they may determine, and shall be impressed or imprinted with the corporate seal or facsimile seal of the City. In case any such officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. All Bonds shall have thereon a certificate of authentication, substantially in the form provided, duly executed by the Bond Registrar as authenticating agent of the City and showing the date of authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless and until such certificate of authentication shall have been duly executed by the Bond Registrar by manual signature, and such certificate of authentication upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordinance. Section 8. Redemption. The Bonds may be subject to redemption on the terms set forth below. 191 of 346 -15- A. Optional Redemption. If so provided in the relevant Bond Order, any Bonds may be subject to redemption prior to maturity at the option of the City, in whole or in part on any date, at such times and at such optional redemption prices as shall be determined by the Designated Officers in the relevant Bond Order. Such optional redemption prices shall be expressed as a percentage of the principal amount of Bonds to be redeemed, provided that such percentage shall not exceed one hundred three percent (103%) plus accrued interest to the date of redemption. If less than all of the outstanding Bonds of a Series are to be optionally redeemed, the Bonds to be called shall be called from such Series, in such principal amounts, and from such maturities as may be determined by the City and within any maturity in the manner hereinafter provided. As provided in the Bond Order, some portion or all of the Bonds may be made not subject to optional redemption. B. Term Bonds; Mandatory Redemption and Covenants; Effect of Purchase or Optional Redemption of Term Bonds. The Bonds of any Series may be subject to mandatory redemption (as Term Bonds) as provided in a Bond Order; provided, however, that in such event the amounts due pursuant to mandatory redemption shall be the amounts used to satisfy the test set forth in Section 4 of this Ordinance for the maximum amounts of principal and interest due on the Bonds in any given Bond Year. Bonds designated as Term Bonds shall be made subject to mandatory redemption by operation of the Bond Fund at a price of not to exceed par and accrued interest, without premium, on December 1 of the years and in the amounts as shall be determined in a Bond Order. The City covenants that it will redeem Term Bonds pursuant to the mandatory redemption requirement for such Term Bonds. Proper provision for mandatory redemption having been made, the City covenants that the Term Bonds so selected for redemption shall be payable as at maturity, and taxes shall be levied and collected as provided herein accordingly. If the City redeems pursuant to optional redemption as may be provided or purchases Term Bonds 192 of 346 -16- of any maturity and cancels the same from Bond Moneys as hereinafter described, then an amount equal to the principal amount of Term Bonds so redeemed or purchased shall be deducted from the mandatory redemption requirements provided for Term Bonds of such maturity, first, in the current year of such requirement, until the requirement for the current year has been fully met, and then in any order of such Term Bonds as due at maturity or subject to mandatory redemption in any year, as the City shall determine. If the City redeems pursuant to optional redemption as may be provided or purchases Term Bonds of any maturity and cancels the same from moneys other than Bond Moneys, then an amount equal to the principal amount of Term Bonds so redeemed or purchased shall be deducted from the amount of such Term Bonds as due at maturity or subject to mandatory redemption requirement in any year, as the City shall determine. C. Redemption Procedures. Any Bonds subject to redemption shall be identified, notice given, and paid and redeemed pursuant to the procedures as follows. (1) Redemption Notice. For a mandatory redemption, unless otherwise notified by the City, the Bond Registrar will proceed on behalf of the City as its agent to provide for the mandatory redemption of such Term Bonds without further order or direction hereunder or otherwise. For an optional redemption, the City, shall, at least 45 days prior to any optional redemption date (unless a shorter time period shall be satisfactory to the Bond Registrar), notify the Bond Registrar of such redemption date and of the Series, principal amounts, and maturities of Bonds to be redeemed and, if applicable, the effect on any schedule of mandatory redemption of Term Bonds. (2) Selection of Bonds within a Maturity. For purposes of any redemption of less than all of the Bonds of a Series of a single maturity, the particular Bonds or portions of Bonds of that Series to be redeemed shall be selected by lot by the Bond Registrar for 193 of 346 -17- the Bonds of that Series of such maturity by such method of lottery as the Bond Registrar shall deem fair and appropriate; provided, that such lottery shall provide for the selection for redemption of Bonds or portions thereof so that any $5,000 Bond or $5,000 portion of a Bond shall be as likely to be called for redemption as any other such $5,000 Bond or $5,000 portion. The Bond Registrar shall make such selection (a) upon or prior to the time of the giving of official notice of redemption, or (b) in the event of a refunding or defeasance, upon advice from the City that certain Bonds have been refunded or defeased and are no longer Outstanding as defined. (3) Official Notice of Redemption. The Bond Registrar shall promptly notify the City in writing of the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed. Unless waived by the registered owner of Bonds to be redeemed, official notice of any such redemption shall be given by the Bond Registrar on behalf of the City by mailing the redemption notice by first class U.S. mail not less than 30 days and not more than 60 days prior to the date fixed for redemption to each registered owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such registered owner to the Bond Registrar. All official notices of redemption shall include the name of the Bonds and at least the information as follows: (a) the redemption date; (b) the redemption price; (c) if less than all of the outstanding Bonds of a Series of a particular maturity are to be redeemed, the identification (and, in the case of partial 194 of 346 -18- redemption of Bonds of that Series within such maturity, the respective principal amounts) of the Bonds to be redeemed; (d) a statement that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption and that interest thereon shall cease to accrue from and after said date; and (e) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the office designated for that purpose of the Bond Registrar. (4) Conditional Redemption. Unless moneys sufficient to pay the redemption price of the Bonds to be redeemed shall have been received by the Bond Registrar prior to the giving of such notice of redemption, such notice may, at the option of the City, state that said redemption shall be conditional upon the receipt of such moneys by the Bond Registrar on or prior to the date fixed for redemption. If such moneys are not received, such notice shall be of no force and effect, the City shall not redeem such Bonds, and the Bond Registrar shall give notice, in the same manner in which the notice of redemption was given, that such moneys were not so received and that such Bonds will not be redeemed. (5) Bonds Shall Become Due. Official notice of redemption having been given as described, the Bonds or portions of Bonds so to be redeemed shall, subject to the stated condition in the paragraph (4) immediately preceding, on the redemption date, become due and payable at the redemption price therein specified; and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds 195 of 346 -19- for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. The procedure for the payment of interest due as part of the redemption price shall be as herein provided for payment of interest otherwise due. (6) Insufficiency in Notice Not Affecting Other Bonds; Failure to Receive Notice; Waiver. Neither the failure to mail such redemption notice, nor any defect in any notice so mailed, to any particular registered owner of a Bond, shall affect the sufficiency of such notice with respect to other registered owners. Notice having been properly given, failure of a registered owner of a Bond to receive such notice shall not be deemed to invalidate, limit, or delay the effect of the notice or redemption action described in the notice. Such notice may be waived in writing by a registered owner of a Bond entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by registered owners shall be filed with the Bond Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In lieu of the foregoing official notice, so long as the Bonds are held in Book Entry Form, notice may be given as provided in the Letter of Representations; and the giving of such notice shall constitute a waiver by the Depository and the Book Entry Owner, as registered owner, of the foregoing notice. After giving proper notification of redemption to the Bond Registrar, as applicable, the City shall not be liable for any failure to give or defect in notice. (7) New Bond in Amount Not Redeemed. Upon surrender for any partial redemption of any Bond, there shall be prepared for the registered owner a new Bond or Bonds of like tenor, of authorized denominations, of the Series and the same maturity, and bearing the same rate of interest in the amount of the unpaid principal. 196 of 346 -20- (8) Effect of Nonpayment upon Redemption. If any Bond or portion of Bond called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall become due and payable on demand, as aforesaid, but, until paid or duly provided for, shall continue to bear interest from the redemption date at the rate borne by the Bond or portion of Bond so called for redemption. (9) Bonds to Be Cancelled; Payment to Identify Bonds. All Bonds which have been redeemed shall be cancelled and destroyed by the Bond Registrar and shall not be reissued. Upon the payment of the redemption price of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. (10) Additional Notice. The City agrees to provide such additional notice of redemption as it may deem advisable at such time as it determines to redeem Bonds, taking into account any requirements or guidance of the Securities and Exchange Commission, the Municipal Securities Rulemaking Board, the Governmental Accounting Standards Board, or any other federal or state agency having jurisdiction or authority in such matters; provided, however, that such additional notice shall be (a) advisory in nature, (b) solely in the discretion of the City (unless a separate agreement shall be made), (c) not be a condition precedent of a valid redemption or a part of the Bond contract, and (d) any failure or defect in such notice shall not delay or invalidate the redemption of Bonds for which proper official notice shall have been given. Reference is also made to the provisions of the Continuing Disclosure Undertaking of the City with respect to the Bonds, which may contain other provisions relating to notice of redemption of Bonds. 197 of 346 -21- (11) Bond Registrar to Advise City. As part of its duties hereunder, the Bond Registrar shall prepare and forward to the City a statement as to notices given with respect to each redemption together with copies of the notices as mailed. Section 9. Form of Bonds. The Bonds shall be in substantially the form hereinafter set forth; provided, however, that if the text of the Bonds is to be printed in its entirety on the front side of the Bonds, then the second paragraph on the front side and the legend “See Reverse Side for Additional Provisions” shall be omitted and the text of paragraphs set forth for the reverse side shall be inserted immediately after the first paragraph. 198 of 346 -22- [FORM OF BONDS - FRONT SIDE] REGISTERED REGISTERED NO. _____ $_________ UNITED STATES OF AMERICA STATE OF ILLINOIS THE COUNTY OF COOK CITY OF EVANSTON GENERAL OBLIGATION [CORPORATE PURPOSE][REFUNDING] BOND, SERIES 2015[A][B] See Reverse Side for Additional Provisions. Interest Maturity Dated Rate: Date: December 1, ____ Date: ____________, 2015 CUSIP: ________ Registered Owner: CEDE & CO. Principal Amount: KNOW ALL PERSONS BY THESE PRESENTS that the City of Evanston, Cook County, Illinois, a municipality, home rule unit, and political subdivision of the State of Illinois (the “City”), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above [(but subject to right of prior redemption)], the Principal Amount identified above and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on such Principal Amount from the later of the Dated Date of this Bond identified above or from the most recent interest payment date to which interest has been paid or duly provided for, at the Interest Rate per annum identified above, such interest to be payable on June l and December 1 of each year, commencing ____________ 1, 20__, until said Principal Amount is paid or duly provided for. The principal of this Bond is payable in lawful money of the United States of America upon presentation hereof at the office maintained for that purpose at Wells Fargo Bank, N.A., located in the City of Minneapolis, Minnesota, as paying agent and bond registrar (the 199 of 346 -23- “Bond Registrar”). Payment of interest shall be made to the Registered Owner hereof as shown on the registration books of the City maintained by the Bond Registrar at the close of business on the applicable Record Date. The Record Date shall be the 15th day of the month preceding any regular interest payment date or a redemption on the first day of any month and the 15th day preceding any other interest payment date which may be occasioned by a redemption of Bonds on a day other than the first day of any month. Interest shall be paid by check or draft of the Bond Registrar, payable upon presentation in lawful money of the United States of America, mailed to the address of such Registered Owner as it appears on such registration books, or at such other address furnished in writing by such Registered Owner to the Bond Registrar, or as otherwise agreed by the City and the Bond Registrar for so long as this Bond is held by a qualified securities clearing corporation as depository, or nominee, in Book Entry Form as provided for same. Reference is hereby made to the further provisions of this Bond set forth on the reverse hereof, and such further provisions shall for all purposes have the same effect as if set forth at this place. It is hereby certified and recited that all conditions, acts, and things required by the constitution and laws of the State of Illinois to exist or to be done precedent to and in the issuance of this Bond, including the Act, have existed and have been properly done, happened, and been performed in regular and due form and time as required by law; that the indebtedness of the City, represented by the Bonds, and including all other indebtedness of the City, howsoever evidenced or incurred, does not exceed any constitutional or statutory or other lawful limitation; and that provision has been made for the collection of a direct annual tax, in addition to all other taxes, on all of the taxable property in the City sufficient to pay the interest hereon as the same falls due and also to pay and discharge the principal hereof at maturity. 200 of 346 -24- This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Bond Registrar. IN WITNESS WHEREOF the City of Evanston, Cook County, Illinois, by its City Council, has caused this Bond to be executed by the manual or duly authorized facsimile signature of its Mayor and attested by the manual or duly authorized facsimile signature of its City Clerk and its corporate seal or a facsimile thereof to be impressed or reproduced hereon, all as appearing hereon and as of the Dated Date identified above. _______________________________ Mayor, City of Evanston Cook County, Illinois ATTEST: ____________________________________ City Clerk, City of Evanston Cook County, Illinois [SEAL] 201 of 346 -25- [FORM OF AUTHENTICATION] CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within-mentioned Ordinance and is one of the General Obligation [Corporate Purpose][Refunding] Bonds, Series 2015[A][B], having a Dated Date of ________, 2015, of the City of Evanston, Cook County, Illinois. WELLS FARGO BANK, N.A. Minneapolis, Minnesota as Bond Registrar Date of Authentication: ____________, 2015 By _______________________________ Authorized Officer [FORM OF BONDS - REVERSE SIDE] This bond is one of a series of bonds (the “Bonds”) in the aggregate principal amount of $_____________ issued by the City for the purpose of paying a part of the costs of [the Capital Improvement Project][the Refunding], and of paying expenses incidental thereto, all as described and defined in Ordinance Number 124-O-15 of the City, passed by the City Council on the 12th day of October, 2015, authorizing the Bonds (as supplemented by the Bond Order authorized therein and executed in connection with the sale of the Bonds, the “Ordinance”), pursuant to and in all respects in compliance with the applicable provisions of the Illinois Municipal Code, as supplemented and amended, and as further supplemented and, where necessary, superseded, by the powers of the City as a home rule unit under the provisions of Section 6 of Article VII of the Illinois Constitution of 1970, and pursuant to the provisions of the Local Government Debt Reform Act, as amended (such code and powers, as supplemented, being the “Act”), and with the Ordinance, which has been duly executed by the Mayor, and published in pamphlet form, in all respects as by law required. [Optional and Mandatory Redemption provisions, as needed.] 202 of 346 -26- This Bond is subject to provisions relating to redemption and notice thereof and other terms of redemption; provisions relating to registration, transfer, and exchange; and such other terms and provisions relating to security and payment as are set forth in the Ordinance; to which reference is hereby expressly made, and to all the terms of which the Registered Owner hereof is hereby notified and shall be subject. The City and the Bond Registrar may deem and treat the Registered Owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. [FORM OF ASSIGNMENT] ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto Here insert Social Security Number, Employer Identification Number or other Identifying Number. ______________________________________________________________________________ ______________________________________________________________________________ (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint ______________________________________________________________________________ as attorney to transfer the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: ______________________________ ______________________________ Signature guaranteed: ______________________________ NOTICE: The signature to this transfer and assignment must correspond with the name of the Registered Owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. 203 of 346 -27- Section 10. Security for the Bonds. The Bonds are a general obligation of the City, for which the full faith and credit of the City are irrevocably pledged, and are payable from the levy of the Ad Valorem Property Taxes on all of the taxable property in the City, without limitation as to rate or amount. Section 11. Tax Levy; Abatements. For the purpose of providing funds required to pay the interest on the Bonds promptly when and as the same falls due, and to pay and discharge the principal thereof at maturity or as subject to mandatory redemption, there is hereby levied upon all of the taxable property within the City, in the years for which any of the Bonds are outstanding, a direct annual tax sufficient for that purpose for each Series of Bonds; and there is hereby levied upon all of the taxable property within the City, in the years for which any of the Bonds are outstanding, a direct annual tax (the “Ad Valorem Property Taxes” as defined) as shall be fully set forth in the Bond Order for each Series of the Bonds. Ad Valorem Property Taxes and other moneys on deposit in the Bond Fund from time to time (“Bond Moneys” as herein defined) shall be applied to pay principal of and interest on the Bonds. Interest on or principal of the Bonds coming due at any time when there are insufficient Bond Moneys to pay the same shall be paid promptly when due from current funds on hand in advance of the deposit of the Ad Valorem Property Taxes; and when the Ad Valorem Property Taxes shall have been collected, reimbursement shall be made to said funds in the amount so advanced. The City covenants and agrees with the purchasers and registered owners of the Bonds that so long as any of the Bonds remain outstanding the City will take no action or fail to take any action which in any way would adversely affect the ability of the City to levy and collect the Ad Valorem Property Taxes. The City and its officers will comply with all present and future applicable laws in order to assure that the Ad Valorem Property Taxes may lawfully be levied, extended, and collected as provided herein. In the event that funds from any other lawful source are made available for the purpose 204 of 346 -28- of paying any principal of or interest on the Bonds so as to enable the abatement of the taxes levied herein for the payment of same, the Corporate Authorities shall, by proper proceedings, direct the transfer of such funds to the Bond Fund, and shall then direct the abatement of the taxes by the amount so deposited. The City covenants and agrees that it will not direct the abatement of taxes until money has been deposited into the Bond Fund in the amount of such abatement. A certified copy or other notification of any such proceedings abating taxes may then be filed with the County Clerk in a timely manner to effect such abatement. Section 12. Filing with County Clerk. Promptly, after this Ordinance becomes effective and upon execution of the first Bond Order, a copy hereof, certified by the City Clerk, shall be filed with the County Clerk. Under authority of this Ordinance, the County Clerk shall in and for each of the years as set forth in each and every Bond Order ascertain the rate percent required to produce the aggregate Ad Valorem Property Taxes levied in each of such years; and the County Clerk shall extend the same for collection on the tax books in connection with other taxes levied in such years in and by the City for general corporate purposes of the City; and in each of those years such annual tax shall be levied and collected by and for and on behalf of the City in like manner as taxes for general corporate purposes for such years are levied and collected, without limit as to rate or amount, and in addition to and in excess of all other taxes. Section 13. Sale of Bonds; Bond Order(s); Official Statement. A. The Designated Officers are hereby authorized to proceed, without any further official authorization or direction whatsoever from the Corporate Authorities, to sell and deliver Bonds as herein provided. The Designated Officers shall be and are hereby authorized and directed to sell each Series of the Bonds to the Purchaser at not less than the Purchase Price, provided, however, that the following conditions shall also be met: 205 of 346 -29- (1) The Purchaser shall be the winning bidder at public competitive sale of the respective Series of Bonds. (2) The Financial Advisors shall provide advice (in the form of written certificate or report) that the terms of the Bonds are fair and reasonable in light of current conditions in the market for obligations such as the Bonds. (3) For the 2015B Bonds, the Financial Advisors shall provide advice (in the form of written certificate or report) that the savings accomplished by the Refunding is not less than two percent (2.0%) of the par amount of the Refunded Bonds. Nothing in this Section shall require the Designated Officers to sell the Bonds if in their judgment the conditions in the bond markets shall have markedly deteriorated from the time of adoption hereof, but the Designated Officers shall have the authority to sell the Bonds in any event so long as the limitations set forth in this Ordinance shall have been met. Incidental to any sale of the Bonds, the Designated Officers shall find and determine that no person responsible for sale of the Bonds and holding any office of the City either by election or appointment, is in any manner financially interested, either directly, in his or her own name, or indirectly, in the name of any other person, association, trust or corporation, in the agreement with the Purchaser for the purchase of the Bonds. B. Upon the sale of the Bonds of any Series, the Designated Officers and any other officers of the City as shall be appropriate shall be and are hereby authorized and directed to approve or execute, or both, such documents of sale of the Bonds of such Series as may be necessary, including, without limitation, a Bond Order, Official Statement, Bond Purchase Agreement, and closing documents; such certifications, tax returns, and documentation as may be required by Bond Counsel, including, specifically, a tax exemption certificate and agreement for the Bonds, to render their opinion(s) as to the Tax-exempt status of the interest on the Bonds. 206 of 346 -30- The Preliminary Official Statement relating to the Bonds, such document to be in substantially the form now on file with the City Clerk and available to the Mayor and Aldermen and to members of the interested public, is hereby in all respects authorized and approved; and the proposed use by the Purchaser of an Official Statement (in substantially the form of the Preliminary Official Statement but with appropriate variations to reflect the final terms of the Bonds) is also hereby authorized and approved. The Designated Officers are (or either of them is) hereby authorized to execute each Bond Purchase Agreement and the Official Statement, their (his or her) execution to constitute full and complete approval of all necessary or appropriate completions and revisions as shall appear therein. Upon the sale of a Series of the Bonds, the Designated Officers so acting shall prepare the Bond Order for same, such document to be in substantially the form as set forth as Exhibit A attached hereto, which shall include the pertinent details of sale as provided herein, and which shall enumerate the levy of taxes to pay the Bonds, and such shall in due course be entered into the records of the City and made available to the Corporate Authorities. The authority to sell the Bonds pursuant to any Bond Order as herein provided shall expire on December 31, 2015. Section 14. Continuing Disclosure Undertaking. The Mayor or either of the Designated Officers of the City is hereby authorized, empowered, and directed to execute and deliver the Continuing Disclosure Undertaking in substantially the same form as now before the City as Exhibit B to this Ordinance, or with such changes therein as the officer executing the Continuing Disclosure Undertaking on behalf of the City shall approve, his or her execution thereof to constitute conclusive evidence of his or her approval of such changes. When the Continuing Disclosure Undertaking is executed and delivered on behalf of the City as herein provided, the Continuing Disclosure Undertaking will be binding on the City and the officers, employees, and agents of the City, and the officers, employees, and agents of the City are hereby authorized, 207 of 346 -31- empowered, and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Continuing Disclosure Undertaking as executed. Notwithstanding any other provision of this Ordinance, the sole remedies for failure to comply with the Continuing Disclosure Undertaking shall be the ability of the beneficial owner of any Bond to seek mandamus or specific performance by court order, to cause the City to comply with its obligations under the Continuing Disclosure Undertaking. Section 15. Creation of Funds and Appropriations. A. There is hereby created the “Series 2015A Bonds Debt Service Account” (the “2015A Bond Fund”), which shall be the fund for the payment of principal of and interest on all 2015A Bonds and a “Series 2015B Bonds Debt Service Account” (the “2015B Bond Fund” and, together with the 2015A Bond Fund, the “Bond Funds”), which shall be the fund for the payment of principal of and interest on all 2015B Bonds. Accrued interest, if any, received upon delivery of the respective Series of Bonds shall be deposited into the respective Bond Fund and be applied to pay first interest coming due on the corresponding Series of Bonds. B. The Ad Valorem Property Taxes for each respective Series of Bonds shall either be deposited into the respective Bond Fund and used solely and only for paying the principal of and interest on the respective Series of Bonds or be used to reimburse a fund or account from which advances to the respective Bond Fund may have been made to pay principal of or interest on the Bonds prior to receipt of Ad Valorem Property Taxes. Interest income or investment profit earned in each Bond Fund shall be retained in said Bond Fund for payment of the principal of or interest on the respective Series of Bonds on the interest payment date next after such interest or profit is received or, to the extent lawful and as determined by the Corporate Authorities, transferred to such other fund as may be determined. The City hereby pledges, as equal and ratable security for the respective Series of Bonds, all present and future proceeds of the Ad 208 of 346 -32- Valorem Property Taxes for the sole benefit of the registered owners of the respective Series of Bonds, subject to the reserved right of the Corporate Authorities to transfer certain interest income or investment profit earned in the Bond Funds to other funds of the City, as described in the preceding sentence. C. The amount necessary from the proceeds of the each Series of Bonds shall be used to pay costs of issuance of the respective Series of Bonds and shall be deposited into a separate fund, hereby created, designated the “2015[Series Designation] Expense Fund.” Any disbursements from such funds shall be made from time to time as necessary. Any excess in said fund established for the 2015A Bonds shall be deposited into the Capital Improvement Project Fund hereinafter created after six months from the date of issuance of the 2015A Bonds. Any excess in said fund established for the 2015B Bonds shall be deposited into the 2015B Bond Fund hereinabove created after six months from the date of issuance of the 2015A Bonds D. The remaining proceeds of the 2015A Bonds shall be set aside in a separate fund, hereby created, and designated as the “Series 2015 Capital Improvement Project Fund” (the “Capital Improvement Project Fund”), hereby created, and be used to pay costs of the Capital Improvement Project, including costs of issuance of the Bonds which for any reason are not paid from the 2015A Expense Fund. E. The proceeds of the 2015B Bonds not needed to pay the expenses of issuing the 2015B Bonds, together with any premium received from the sale of the 2015B Bonds and such additional amounts as may be necessary from the general funds of the City, are hereby appropriated for the purpose of refunding the Refunded Bonds and are hereby ordered deposited in escrow pursuant to the Escrow Letter Agreement, in substantially the form attached hereto as Exhibit C and made a part hereof by this reference, or with such changes therein as shall be approved by the officers of the City executing the Escrow Letter Agreement, such execution to 209 of 346 -33- constitute evidence of the approval of such changes, for the purpose of paying the principal of and interest on the Refunded Bonds when due and upon redemption thereof. The Corporate Authorities approve the form, terms and provisions of the Escrow Letter Agreement and direct the Mayor and City Clerk of the City to execute, attest and deliver the Escrow Letter Agreement in the name and on behalf of the City. Amounts in the escrow may be used to purchase U.S. Treasury Securities – State and Local Government Series (the “Government Securities”), or held in cash or invested in Defeasance Obligations (as defined in Section 20 of this Ordinance), to provide for the principal and interest payable on the Refunded Bonds when redeemed. The paying agent for the Prior Bonds is hereby authorized to act as agent for the City in the purchase of the Government Securities. In accordance with the redemption provisions of the ordinance authorizing the issuance of the Refunded Bonds, the City by the Corporate Authorities does hereby make provision for the payment of and does hereby call (subject only to the delivery of the 2015B Bonds) the Refunded Bonds for redemption on the redemption date, specified in and as provided by the terms of the Escrow Letter Agreement. F. Alternatively, the Treasurer of the City may allocate proceeds of the Bonds otherwise designated for the respective Bond Fund, the respective Expense Fund, or the Capital Improvement Project Fund to one or more related funds of the City already in existence; provided, however, that this shall not relieve the City officers of the duty to account for the proceeds as herein provided. G. The Corporate Authorities reserve the right, as it becomes necessary from time to time, to revise the Capital Improvement Project, to change priorities, to revise cost allocations between projects and to substitute projects, in order to meet current needs of the City; subject, however, to the various covenants set forth in this Ordinance and in related certificates given in connection with delivery of the Bonds and also subject to the obtaining of the opinion of Bond 210 of 346 -34- Counsel or of some other attorney or firm of attorneys whose opinions are generally acceptable to the purchasers in the national marketplace of governmental Tax-exempt obligations (“Other Bond Counsel”) that such changes or substitutions are proper under the Act and do not adversely affect the Tax-exempt status of the Tax-exempt Bonds. Section 16. General Tax Covenants. The City hereby covenants that it will not take any action, omit to take any action or permit the taking or omission of any action within its control (including, without limitation, making or permitting any use of the proceeds of the Bonds) if taking, permitting, or omitting to take such action would cause any of the Bonds to be an arbitrage bond or a private activity bond within the meaning of the Code, or would otherwise cause the interest on the Bonds to be included in the gross income of the recipients thereof for federal income tax purposes. The City acknowledges that, in the event of an examination by the Internal Revenue Service of the exemption from Federal income taxation for interest paid on the Bonds, under present rules, the City may be treated as a “taxpayer” in such examination and agrees that it will respond in a commercially reasonable manner to any inquiries from the Internal Revenue Service in connection with such an examination. In furtherance of the foregoing provisions, but without limiting their generality, the City agrees: (a) through its officers, to make such further specific covenants, representations as shall be truthful, and assurances as may be necessary or advisable; (b) to comply with all representations, covenants, and assurances contained in certificates or agreements as may be prepared by Bond Counsel; (c) to consult with such Bond Counsel and to comply with such advice as may be given; (d) to file such forms, statements, and supporting documents as may be required and in a timely manner; and (e) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys, and other persons to assist the City in such compliance. 211 of 346 -35- Section 17. Certain Specific Tax Covenants. A. None of the Bonds shall be a “private activity bond” as defined in Section 141(a) of the Code; and the City certifies, represents, and covenants as follows: (1) Not more than 5% of the net proceeds and investment earnings of the Bonds of any Series is to be used, or of any of the Prior Bonds were used, directly or indirectly, in any activity carried on by any person other than a state or local governmental unit. (2) Not more than 5% of the amounts necessary to pay the principal of and interest on the Bonds of any Series will be derived, directly or indirectly, from payments with respect to any private business use by any person other than a state or local governmental unit. (3) None of the proceeds of the Bonds of any Series is to be used and none of the proceeds of any of the Prior Bonds were used, directly or indirectly, to make or finance loans to persons other than a state or local governmental unit. (4) Except as may be permitted by reference to the text above (at paragraph A (1) of this Section), no user of the real or personal property of the City acquired, constructed, or improved with the proceeds of the Bonds of any Series, any of the Prior Bonds, other than the City or another governmental unit, will use the same on any basis other than the same basis as the general public; and except as noted, no person, other than the City or another governmental unit, will be a user of such property as a result of (i) ownership or (ii) actual or beneficial use pursuant to a lease, a management or incentive payment contract other than as expressly permitted by the Code, or (iii) any other arrangement. 212 of 346 -36- B. The Bonds shall not be “arbitrage bonds” under Section 148 of the Code; and the City certifies, represents, and covenants as follows: (1) With respect to the Capital Improvement Project, the City has heretofore incurred or within six months after delivery of the 2015A Bonds expects to incur substantial binding obligations to be paid for with money received from the sale of the 2015A Bonds, said binding obligations comprising binding contracts for the Capital Improvement Project in not less than the amount of 5% of the proceeds of the portion of the Bonds allocable to the Capital Improvement Project. (2) The City expects that more than 85% of the proceeds of the 2015A Bonds will be expended on or before three years for the purpose of paying the costs of the Capital Improvement Project. (3) The City expects that all of the principal proceeds of the 2015A Bonds and investment earnings thereon will be used, needed, and expended for the purpose of paying the costs of the Capital Improvement Project including expenses incidental thereto. (4) Work on the Capital Improvement Project is expected to proceed with due diligence to completion. (5) Except for the Bond Funds, the City has not created or established and will not create or establish any sinking fund reserve fund or any other similar fund to provide for the payment of the Bonds. Each Bond Fund has been established and will be funded in a manner primarily to achieve a proper matching of revenues and debt service and will be depleted at least annually to an amount not in excess of 1/12th the particular annual debt service on the respective Series of Bonds. Money deposited into each Bond Fund will be spent within a 13-month period beginning on the date of deposit, and investment 213 of 346 -37- earnings in each Bond Fund will be spent or withdrawn from each Bond Fund within a one-year period beginning on the date of receipt. (6) Amounts of money related to the Bonds of any Series required to be invested at a yield not materially higher than the yield on the Bonds of such Series, as determined pursuant to such tax certifications or agreements as the City officers may make in connection with the issuance of such Bonds, shall be so invested; and appropriate City officers are hereby authorized to make such investments. (7) Unless an applicable exception to Section 148(f) of the Code, relating to the rebate of “excess arbitrage profits” to the United States Treasury (the “Rebate Requirement”) is available to the City, the City will meet the Rebate Requirement. (8) Relating to applicable exceptions, any City officer charged with issuing the Bonds is hereby authorized to make such elections under the Code as such officer shall deem reasonable and in the best interests of the City. C. None of the proceeds of the Bonds of any Series will be used to pay, directly or indirectly, in whole or in part, for an expenditure that has been paid by the City prior to the date hereof except architectural or engineering costs incurred prior to commencement of any of the Capital Improvement Project or expenditures for which an intent to reimburse it as properly declared under Treasury Regulations Section 1.150-2. This Ordinance is in itself a declaration of official intent under Treasury Regulations Section 1.150-2 as to all costs of the Capital Improvement Project paid after the date hereof and prior to issuance of the Bonds. Section 18. Municipal Bond Insurance. In the event the payment of principal of and interest on a Series of the Bonds is insured pursuant to a municipal bond insurance policy (a “Municipal Bond Insurance Policy”) issued by a bond insurer (a “Bond Insurer”), and as long as such Municipal Bond Insurance Policy shall be in full force and effect, the City and the Bond 214 of 346 -38- Registrar agree to comply with such usual and reasonable provisions regarding presentment and payment of such Bonds, subrogation of the rights of the Bondholders to the Bond Insurer when holding such Bonds, amendment hereof, or other terms, as approved by any of the City officers on advice of counsel, his or her approval to constitute full and complete acceptance by the City of such terms and provisions under authority of this Section. Section 19. Rights and Duties of Bond Registrar. If requested by the Bond Registrar, any officer of the City is authorized to execute a mutually agreeable form of agreement between the City and the Bond Registrar with respect to the obligations and duties of the Bond Registrar under this Ordinance. In addition to the terms of such agreement and subject to modification thereby, the Bond Registrar by acceptance of duties under this Ordinance agrees (a) to act as bond registrar, paying agent, authenticating agent, and transfer agent as provided herein; (b) to maintain a list of Bondholders as set forth herein and to furnish such list to the City upon request, but otherwise to keep such list confidential to the extent permitted by law; (c) to cancel and/or destroy Bonds which have been paid at maturity or submitted for exchange or transfer; (d) to furnish the City at least annually a certificate with respect to Bonds cancelled and/or destroyed; and (e) to furnish the City at least annually an audit confirmation of Bonds paid, Bonds outstanding, and payments made with respect to interest on the Bonds. The City covenants with respect to the Bond Registrar, and the Bond Registrar further covenants and agrees as follows: (A) The City shall at all times retain a Bond Registrar with respect to the Bonds; it will maintain at the designated office(s) of such Bond Registrar a place or places where Bonds may be presented for payment, registration, transfer, or exchange; and it will require that the Bond Registrar properly maintain the Bond Register and perform the other duties and obligations imposed upon it by this Ordinance in a manner consistent with the standards, customs and practices of the municipal securities industry. 215 of 346 -39- (B) The Bond Registrar shall signify its acceptance of the duties and obligations imposed upon it by this Ordinance by executing the certificate of authentication on any Bond, and by such execution the Bond Registrar shall be deemed to have certified to the City that it has all requisite power to accept and has accepted such duties and obligations not only with respect to the Bond so authenticated but with respect to all the Bonds. Any Bond Registrar shall be the agent of the City and shall not be liable in connection with the performance of its duties except for its own negligence or willful wrongdoing. Any Bond Registrar shall, however, be responsible for any representation in its certificate of authentication on Bonds. (C) The City may remove the Bond Registrar at any time. In case at any time the Bond Registrar shall resign, shall be removed, shall become incapable of acting, or shall be adjudicated a bankrupt or insolvent, or if a receiver, liquidator, or conservator of the Bond Registrar or of the property thereof shall be appointed, or if any public officer shall take charge or control of the Bond Registrar or of the property or affairs thereof, the City covenants and agrees that it will thereupon appoint a successor Bond Registrar. The City shall give notice of any such appointment made by it to each registered owner of any Bond within twenty days after such appointment in any reasonable manner as the City shall select. Any Bond Registrar appointed under the provisions of this Section shall be a bank, trust company, or national banking association maintaining a corporate trust office in Illinois or New York, and having capital and surplus and undivided profits in excess of $100,000,000. The City Clerk of the City is hereby directed to file a certified copy of this Ordinance with the Bond Registrar. Section 20. Defeasance. Any Bond or Bonds (a) which are paid and cancelled; (b) which have matured and for which sufficient sums been deposited with the Bond Registrar to 216 of 346 -40- pay all principal and interest due thereon; or (c) (i) for which sufficient funds and Defeasance Obligations have been deposited with the Bond Registrar or similar institution to pay, taking into account investment earnings on such obligations, all principal of and interest on such Bond or Bonds when due at maturity, pursuant to an irrevocable escrow or trust agreement, (ii) accompanied by an opinion of Bond Counsel or Other Bond Counsel as to compliance with the covenants with respect to such Bonds, and (iii) accompanied by an express declaration of defeasance by the Corporate Authorities; shall cease to have any lien on or right to receive or be paid from Bond Moneys or the Bond Fund hereunder and shall no longer have the benefits of any covenant for the registered owners of outstanding Bonds as set forth herein as such relates to lien and security of the outstanding Bonds. All covenants relative to the Tax-exempt status of Tax- exempt Bonds; and payment, registration, transfer, and exchange; are expressly continued for all affected Bonds whether outstanding Bonds or not. For purposes of this Section, “Defeasance Obligations” means (a) noncallable, non-redeemable, direct and general full faith and credit obligations of the United States Treasury (“Directs”), (b) certificates of participation or trust receipts in trusts comprised wholly of Directs or (c) other noncallable, non-redeemable, obligations unconditionally guaranteed as to timely payment to maturity by the United States Treasury. Section 21. Prior Bonds and Taxes. The taxes previously levied to pay principal of and interest on the Refunded Bonds, to the extent such principal and interest is provided for from the proceeds of the Bonds as hereinabove described, shall be abated. The filing of a certificate of abatement with the County Clerk shall constitute authority and direction for the County Clerk to make such abatement. Such taxes as previously levied which are either on hand or cannot be abated (already in the process of extension or collection) shall be used for lawful purposes of the 217 of 346 -41- City, including the payment of debt service on the Bonds, so as to reduce the need for the levy of taxes for the Bonds Section 22. Publication of Ordinance. A full, true, and complete copy of this Ordinance shall be published within ten days after passage in pamphlet form by authority of the Corporate Authorities. Section 23. Severability. If any section, paragraph, clause, or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause, or provision shall not affect any of the other provisions of this Ordinance. 218 of 346 -42- Section 24. Superseder and Effective Date. All ordinances, resolutions, and orders, or parts thereof, in conflict with this Ordinance, are to the extent of such conflict hereby superseded; and this Ordinance shall be in full force and effect immediately upon its passage, approval and publication. ADOPTED: This 12th day of October, 2015. AYES: _______________________________________________________________ NAYS: _______________________________________________________________ ABSENT: _______________________________________________________________ WITNESS: October 12, 2015 _______________________________ Mayor, City of Evanston Cook County, Illinois Published in pamphlet form by authority of the Corporate Authorities on __________, 2015. ATTEST: ____________________________________ City Clerk, City of Evanston Cook County, Illinois 219 of 346 EXTRACT OF MINUTES of the regular public meeting of the City Council of the City of Evanston, Cook County, Illinois, held at the City Hall, located at 2100 Ridge Avenue, in said City, at ____ p.m., on Monday, the 21st day of September, 2015. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon the roll being called, the Mayor, Elizabeth B. Tisdahl, being physically present at such place and time, and the following Aldermen, being physically present at such place and time, answered present: __________________________________________________________ _____________________________________________________________________________ . The following Aldermen were allowed by a majority of the Aldermen in accordance with and to the extent allowed by rules adopted by the City Council to attend the meeting by video or audio conference: _____________________________________________________________ . No Alderman was denied permission to attend the meeting by video or audio conference. The following Aldermen were absent and did not participate in the meeting in any manner or to any extent whatsoever: _____________________________________________________ . * * * * * * * * * * * * There being a quorum present, various business of the City was conducted. * * * * * * * * * * * * The City Council then discussed a proposed capital improvement program for the City and considered the introduction of an ordinance providing for the issuance of one or more series of General Obligation Corporate Purpose Bonds, Series 2015A of the City and one or more series of General Obligation Refunding Bonds, Series 2015B of the City, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. 220 of 346 -2- Thereupon, Alderman _______________ presented an ordinance entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $14,000,000 General Obligation Corporate Purpose Bonds, Series 2015A and one or more series of not to exceed $11,475,000 General Obligation Refunding Bonds, Series 2015B, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. (the “Bond Ordinance”). A discussion of the matter followed. During the discussion, Alderman __________ gave a public recital of the nature of the matter, which included a reading of the title of the Bond Ordinance and review of the certain provisions of the ordinance, and the following further information. [Here insert further statements, if any] 221 of 346 -3- Alderman _______________ moved and Alderman _______________ seconded the motion that the Bond Ordinance as presented be introduced. The Mayor directed that the roll be called for a vote upon the motion to introduce the ordinance. Upon the roll being called, the following Aldermen voted AYE: ____________________ _____________________________________________________________________________ . and the following Aldermen voted NAY: ____________________________________________ WHEREUPON, the Mayor declared the motion carried and the ordinance introduced, and henceforth did approve and sign the same in open meeting, and did direct the City Clerk to record the same in full in the records of the City of Evanston, Cook County, Illinois. * * * * * * * * * * * * Other business was duly transacted at said meeting. * * * * * * * * * * * * Upon motion duly made and carried, the meeting adjourned. City Clerk 222 of 346 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATION OF AGENDA AND INTRODUCTION MINUTES I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Evanston, Cook County, Illinois (the “City”), and as such official I am the keeper of the official journal of proceedings, books, records, minutes, and files of the City and of the City Council (the “Corporate Authorities”) of the City. I do further certify that the foregoing extract of minutes is a full, true, and complete transcript of that portion of the minutes of the meeting (the “Meeting”) of the Corporate Authorities held on the 21st day of September, 2015 insofar as the same relates to the introduction of an ordinance, numbered 124-O-15, entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $14,000,000 General Obligation Corporate Purpose Bonds, Series 2015A and one or more series of not to exceed $11,475,000 General Obligation Refunding Bonds, Series 2015B, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. (the “Ordinance”) a true, correct, and complete copy of which Ordinance as introduced at the Meeting appears in the foregoing transcript of the minutes of the Meeting. I do further certify that the deliberations of the Corporate Authorities on the introduction of the Ordinance were taken openly; that the vote on the introduction of the Ordinance was taken openly; that the Meeting was held at a specified time and place convenient to the public; that notice of the Meeting was duly given to all newspapers, radio or television stations, and other news media requesting such notice; that an agenda (the “Agenda”) for the Meeting was posted at the location where the Meeting was held and at the principal office of the Corporate Authorities 223 of 346 -2- (both such locations being at City Hall) at least 48 hours in advance of the Meeting and also not later than 5:00 p.m. on Friday, September 18, 2015 and remained continuously so posted until the adjournment of the Meeting; that said Agenda contained a separate specific item relating to the consideration of the Ordinance and that a true, correct, and complete copy of said Agenda as so posted is attached to this certificate; that the Meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended; and the Illinois Municipal Code, as amended; and that the Corporate Authorities have complied with all of the provisions of such Act and Code and with all of the procedural rules of the Corporate Authorities in the adoption of the Ordinance. IN WITNESS WHEREOF I hereunto affix my official signature and the seal of the City this 21st day of September, 2015. _______________________________ City Clerk [SEAL] 224 of 346 EXTRACT OF MINUTES of the regular public meeting of the City Council of the City of Evanston, Cook County, Illinois, held at the City Hall, located at 2100 Ridge Avenue, in said City, at ____ p.m., on Monday, the 12th day of October, 2015. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon the roll being called, the Mayor, Elizabeth B. Tisdahl, being physically present at such place and time, and the following Aldermen, being physically present at such place and time, answered present: __________________________________________________________ _____________________________________________________________________________ . The following Aldermen were allowed by a majority of the Aldermen in accordance with and to the extent allowed by rules adopted by the City Council to attend the meeting by video or audio conference: _____________________________________________________________ . No Alderman was denied permission to attend the meeting by video or audio conference. The following Aldermen were absent and did not participate in the meeting in any manner or to any extent whatsoever: _____________________________________________________ . * * * * * * * * * * * * There being a quorum present, various business of the City was conducted. * * * * * * * * * * * * The City Council then discussed a proposed capital improvement program for the City and considered an ordinance providing for the issuance of one or more series of General Obligation Corporate Purpose Bonds, Series 2015A of the City and one or more series of General Obligation Refunding Bonds, Series 2015B of the City, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. 225 of 346 -2- Thereupon, Alderman _______________ presented an ordinance entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $14,000,000 General Obligation Corporate Purpose Bonds, Series 2015A and one or more series of not to exceed $11,475,000 General Obligation Refunding Bonds, Series 2015B, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. (the “Bond Ordinance”). A discussion of the matter followed. During the discussion, Alderman __________ gave a public recital of the nature of the matter, which included a reading of the title of the Bond Ordinance and review of the section headings, and the following further information. [Here insert further statements, if any] 226 of 346 -3- Alderman _______________ moved and Alderman _______________ seconded the motion that the Bond Ordinance as presented be adopted. The Mayor directed that the roll be called for a vote upon the motion to adopt the ordinance. Upon the roll being called, the following Aldermen voted AYE: ____________________ _____________________________________________________________________________ . and the following Aldermen voted NAY: ____________________________________________ WHEREUPON, the Mayor declared the motion carried and the ordinance adopted, and henceforth did approve and sign the same in open meeting, and did direct the City Clerk to record the same in full in the records of the City of Evanston, Cook County, Illinois. * * * * * * * * * * * * Other business was duly transacted at said meeting. * * * * * * * * * * * * Upon motion duly made and carried, the meeting adjourned. City Clerk 227 of 346 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATION OF AGENDA, ADOPTION MINUTES AND ORDINANCE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Evanston, Cook County, Illinois (the “City”), and as such official I am the keeper of the official journal of proceedings, books, records, minutes, and files of the City and of the City Council (the “Corporate Authorities”) of the City. I do further certify that the foregoing extract of minutes is a full, true, and complete transcript of that portion of the minutes of the meeting (the “Meeting”) of the Corporate Authorities held on the 12th day of October, 2015 insofar as the same relates to the adoption of an ordinance, numbered 124-O-15, entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $14,000,000 General Obligation Corporate Purpose Bonds, Series 2015A and one or more series of not to exceed $11,475,000 General Obligation Refunding Bonds, Series 2015B, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. (the “Ordinance”) a true, correct, and complete copy of which Ordinance as adopted at the Meeting appears in the foregoing transcript of the minutes of the Meeting. I do further certify that the deliberations of the Corporate Authorities on the adoption of the Ordinance were taken openly; that the vote on the adoption of the Ordinance was taken openly; that the Meeting was held at a specified time and place convenient to the public; that notice of the Meeting was duly given to all newspapers, radio or television stations, and other news media requesting such notice; that an agenda (the “Agenda”) for the Meeting was posted at the location where the Meeting was held and at the principal office of the Corporate Authorities 228 of 346 -2- (both such locations being at City Hall) at least 48 hours in advance of the Meeting and also not later than 5:00 p.m. on Friday, October 9, 2015; that said Agenda contained a separate specific item relating to the consideration of the Ordinance and that a true, correct, and complete copy of said Agenda as so posted is attached to this certificate; that the Meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended; and the Illinois Municipal Code, as amended; and that the Corporate Authorities have complied with all of the provisions of such Act and Code and with all of the procedural rules of the Corporate Authorities in the adoption of the Ordinance. IN WITNESS WHEREOF I hereunto affix my official signature and the seal of the City this 12th day of October, 2015. _______________________________ City Clerk [SEAL] 229 of 346 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATE OF PUBLICATION IN PAMPHLET FORM I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Evanston, Cook County, Illinois (the “City”), and as such official I am the keeper of the official journal of proceedings, books, records, minutes, and files of the City and of the City Council (the “Corporate Authorities”) of the City. I do further certify that on the ____ day of _____________, 2015 there was published in pamphlet form, by authority of the City Council, a true, correct, and complete copy of Ordinance Number 124-O-15 of the City entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $14,000,000 General Obligation Corporate Purpose Bonds, Series 2015A and one or more series of not to exceed $11,475,000 General Obligation Refunding Bonds, Series 2015B, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. and providing for the issuance of said bonds, and that the ordinance as so published was on that date readily available for public inspection and distribution, in sufficient number so as to meet the needs of the general public, at my office as City Clerk located in the City. IN WITNESS WHEREOF I have affixed hereto my official signature and the seal of the City this ____ day of ____________, 2015. _______________________________ City Clerk [SEAL] 230 of 346 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATE OF FILING I do hereby certify that I am the duly qualified and acting County Clerk of The County of Cook, Illinois, and as such officer I do hereby certify that on the ____ day of __________, 2015 there was filed in my office a properly certified copy of Ordinance Number 124-O-15, duly adopted by the City Council of the City of Evanston, Cook County, Illinois, on the 12th day of October, 2015 and entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $14,000,000 General Obligation Corporate Purpose Bonds, Series 2015A and one or more series of not to exceed $11,475,000 General Obligation Refunding Bonds, Series 2015B, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. and approved by the Mayor of said City, and that the same has been deposited in, and all as appears from, the official files and records of my office. IN WITNESS WHEREOF I have hereunto affixed my official signature and the seal of The County of Cook, Illinois, this ____ day of _______________, 2015. _______________________________ County Clerk of The County of Cook, Illinois [SEAL] 231 of 346 - EXHIBIT A - 3838098.01.08.B 2231926 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) BOND ORDER IN CONNECTION WITH THE ISSUANCE OF $__________ GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2015A AND $__________ GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015B To: City Council City of Evanston, Cook County, Illinois, and the County Clerk of The County of Cook, Illinois GREETINGS: We are pleased to advise you as follows: A. Sale. Please be advised that the City Council (the “Corporate Authorities”) of the City of Evanston, Cook County Illinois (the “City”), has heretofore adopted on the 12th day of October, 2015, a bond ordinance entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $14,000,000 General Obligation Corporate Purpose Bonds, Series 2015A and one or more series of not to exceed $11,475,000 General Obligation Refunding Bonds, Series 2015B, of the City of Evanston, Cook County, Illinois, for capital improvement and refunding purposes, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. (the “2015 Bond Ordinance”), which authorizes the issuance of (i) one or more series of General Obligation Corporate Purpose Bonds, Series 2015A (the “2015A Bonds”) of the City for the purposes of providing for various capital improvements (the “Capital Improvement Project”) at various locations throughout the City, including certain capital expenditures as detailed for the year 2015 in the City’s Capital Improvement Plan, as adopted by the Corporate Authorities and paying costs related to the issuance of the 2015A Bonds; and (ii) one or more series of General Obligation Refunding Bonds, Series 2015B (the “2015B Bonds” and, together with the 2015A 232 of 346 -2- Bonds, the “Bonds”) of the City for the purposes of refunding a portion of the City’s General Obligation Bonds, Series 2006B (the “Refunding”) and paying costs related to the issuance of the 2015B Bonds. Terms used but not defined herein shall have the same meanings as terms defined in the 2015 Bond Ordinance. Responsive to authority contained in the 2015 Bond Ordinance, the undersigned City Manager and Mayor have sold the 2015A Bonds in the aggregate principal amount of $______________ to the purchaser thereof, namely, _______________________________ (the “2015A Purchaser”), pursuant to an Official Notice of Sale and an official Bid Form between the City and the 2015A Purchaser after a competitive sale of the 2015A Bonds, held on _____________, 2015 (the “2015A Bond Purchase Agreement”), at a price of $_____________ (representing par, plus original issue premium in the amount of $_____________ and less and underwriter’s discount of $___________). Responsive to authority contained in the 2015 Bond Ordinance, the undersigned City Manager and Mayor have sold the 2015B Bonds in the aggregate principal amount of $______________ to the purchaser thereof, namely, _______________________________ (the “2015B Purchaser” and, together with the 2015A Purchaser, the “Purchasers”), pursuant to an Official Notice of Sale and an official Bid Form between the City and the 2015B Purchaser after a competitive sale of the 2015B Bonds, held on _____________, 2015 (the “2015B Bond Purchase Agreement” and, together with the 2015A Bond Purchase Agreement, the “Bond Purchase Agreements”), at a price of $_____________ (representing par, plus original issue premium in the amount of $_____________ and less and underwriter’s discount of $___________). The price to be paid to the City for each Series of the Bonds is not less than 99.0% of the par amount of the respective Series of the Bonds. 233 of 346 -3- B. FINDINGS The following further conditions have also been met: 1. 2015A BONDS. (a) We have received the required certificates and reports of the Financial Advisors supporting our statements herein. (b) The 2015A Bonds do not exceed the maximum authorized of $14,000,000. (c) No interest rate on the 2015A Bonds exceeds 5.00% per annum. (d) The final maturity date of the 2015A Bonds does not extend past December 1, 2035. (e) The sum of the principal of and interest on the 2015A Bonds due (or subject to mandatory redemption) in any given annual period from December 2 to the following December 1 (a “Bond Year”) does not exceed $1,200,000. (f) The terms of the 2015A Bonds are fair and reasonable in light of current conditions in the market for tax-exempt obligations such as the 2015A Bonds. 2. 2015B BONDS. (a) We have received the required certificates and reports of the Financial Advisors supporting our statements herein. (b) The 2015B Bonds do not exceed the maximum authorized of $11,475,000. (c) No interest rate on the 2015B Bonds exceeds 5.00% per annum. (d) The final maturity date of the 2015B Bonds does not extend past December 1, 2022. (e) The sum of the principal of and interest on the 2015B Bonds due (or subject to mandatory redemption) in any Bond Year does not exceed $2,500,000. (f) The terms of the 2015B Bonds are fair and reasonable in light of current conditions in the market for tax-exempt obligations such as the 2015B Bonds. (g) The savings accomplished by the Refunding is not less than two percent (2.0%) of the par amount of the Refunded Bonds. (h) The Eligible Prior Bonds selected for redemption are as set forth in Exhibit III attached hereto and made a part hereof. C. NO CONFLICTS No person responsible for the sale of either Series of the Bonds (being the undersigned, the Assistant City Manager/Treasurer, the Director of Administrative Services, and the Corporation Counsel) and holding any office of the City, either by election or appointment, is in 234 of 346 -4- any manner financially interested, either directly, in his or her own name, or indirectly, in the name of any other person, association, trust or corporation, in either of the Bond Purchase Agreements with either of the Purchasers for the sale of the Bonds. D. TERMS OF THE BONDS The 2015A Bonds shall be designated “General Obligation Corporate Purpose Bonds, Series 2015A.” Pursuant to the terms of the 2015A Bond Purchase Agreement, the 2015A Bonds shall be issued in the amount of $__________; shall be dated as of the date of delivery thereof; and shall have the further terms as is set forth in Exhibit I attached hereto and incorporated herein by reference. The 2015B Bonds shall be designated “General Obligation Refunding Bonds, Series 2015B.” Pursuant to the terms of the 2015B Bond Purchase Agreement, the 2015B Bonds shall be issued in the amount of $__________; shall be dated as of the date of delivery thereof; and shall have the further terms as is set forth in Exhibit I attached hereto and incorporated herein by reference. E. TAXES Section 11 of the 2015 Bond Ordinance provides for direct annual taxes sufficient to pay the principal of and interest on each Series of the Bonds promptly when and as the same falls due at maturity or as subject to mandatory redemption. Please be further advised that the Bonds were sold on terms resulting in a final schedule of taxes levied and to be extended as set forth in Exhibit II attached hereto and incorporated herein by reference. F. BOND INSURANCE [The Purchasers have not requested and no Bond Insurance has been procured as of the date hereof for the payment of principal of and interest on the Bonds.][Add insurance information, if needed.] 235 of 346 -5- G. DEPOSITS INTO FUNDS At the time of execution of this Bond Order, the proceeds of the Bonds are expected to be used substantially as follows: 2015A BONDS Derived as follows: ($) (1) Par Amount __________ (2) Reoffering Premium (+) __________ (3) Underwriter’s Discount (-) (__________) (4) Purchase Price (=) __________ (5) Accrued Interest (+) 0.00 (6) Total Received by City (=) __________ Allocated or spent as follows: ($) (a) Costs of Issuance to be paid directly or to 2015A Expense Fund __________ (b) Accrued Interest to 2015A Bond Fund 0.00 (c) Deposit to Capital Improvement Project Fund _________ (d) Total (=) __________ 236 of 346 -6- 2015B BONDS Derived as follows: ($) (1) Par Amount __________ (2) Reoffering Premium (+) __________ (3) Underwriter’s Discount (-) (__________) (4) Purchase Price (=) __________ (5) Accrued Interest (+) 0.00 (6) Total Received by City (=) __________ Allocated or spent as follows: ($) (a) Costs of Issuance to be paid directly or to 2015B Expense Fund __________ (b) Accrued Interest to 2015A Bond Fund 0.00 (c) Deposit with Paying Agent for Prior Bonds _________ (d) Total (=) __________ H. BOND REGISTRAR The Bond Registrar and Paying Agent for the Bonds is Wells Fargo Bank, N.A., Minneapolis, Minnesota. 237 of 346 -7- I. RECORDS Finally, please be advised that this Bond Order shall be entered into the records of the City and made available to all members of the Corporate Authorities at a public meeting thereof held after the date hereof. Respectfully submitted as of this ____ day of ___________, 2015. ________________________________________ Wally Bobkiewicz, City Manager ________________________________________ Elizabeth B. Tisdahl, Mayor 238 of 346 ACKNOWLEDGMENT OF FILING Filed in the office of the City Clerk of the City of Evanston, Cook County, Illinois, this ____ day of ____________, 2015. _______________________________________ City Clerk City of Evanston Cook County, Illinois 239 of 346 EXHIBITS: EXHIBIT DESCRIBES I Terms of the Bonds II Taxes to be levied for the Bonds III Refunded Bonds 240 of 346 EXHIBIT I TERMS OF THE BONDS THE 2015A BONDS The 2015A Bonds are due serially on December 1 of the years and in the amounts and bear interest at the rates percent per annum as follows: YEAR AMOUNT ($) RATE (%) Each of the 2015A Bonds bears interest from the later of the dated date as stated above or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of such 2015A Bond, respectively, is paid or duly provided for, such interest (computed upon the basis of a 360-day year of twelve 30-day months) being payable on June 1 and December 1 of each year, commencing on ____________ 1, 201__. 2015A BOND REDEMPTION Mandatory Redemption. [The 2015A Bonds are not subject to mandatory redemption.][The 2015A Bonds coming due on December 1, 20__ are Term Bonds and are subject to mandatory redemption by operation of the 2015A Bond Fund at a price of par, without premium, plus accrued interest to the date fixed for redemption, on December 1 of the years and in the amounts as follows: FOR THE 20__ TERM BOND: YEAR AMOUNT ($) 20__ _______ 20__ _______ (stated maturity)] Optional Redemption. [The 2015A Bonds are not subject to optional redemption.][The 2015A Bonds maturing on or after December 1, 20__, are subject to redemption at the option of the City, in whole or in part, in any order of maturity and if in part, in principal amounts that are integral multiples of $5,000 and as applicable to any mandatory redemption requirement as the 241 of 346 -2- City may determine, on any date on or after December 1, 20__, at a price equal to par plus accrued interest to the date fixed for redemption.] THE 2015B BONDS The 2015B Bonds are due serially on December 1 of the years and in the amounts and bear interest at the rates percent per annum as follows: YEAR AMOUNT ($) RATE (%) Each of the 2015B Bonds bears interest from the later of the dated date as stated above or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of such 2015B Bond, respectively, is paid or duly provided for, such interest (computed upon the basis of a 360-day year of twelve 30-day months) being payable on June 1 and December 1 of each year, commencing on ____________ 1, 201__. 2015B BOND REDEMPTION Mandatory Redemption. [The 2015B Bonds are not subject to mandatory redemption.][The 2015B Bonds coming due on December 1, 20__ are Term Bonds and are subject to mandatory redemption by operation of the 2015B Bond Fund at a price of par, without premium, plus accrued interest to the date fixed for redemption, on December 1 of the years and in the amounts as follows: FOR THE 20__ TERM BOND: YEAR AMOUNT ($) 20__ _______ 20__ _______ (stated maturity)] Optional Redemption. [The 2015B Bonds are not subject to optional redemption.][The 2015B Bonds maturing on or after December 1, 20__, are subject to redemption at the option of the City, in whole or in part, in any order of maturity and if in part, in principal amounts that are integral multiples of $5,000 and as applicable to any mandatory redemption requirement as the 242 of 346 -3- City may determine, on any date on or after December 1, 20__, at a price equal to par plus accrued interest to the date fixed for redemption.] 243 of 346 -4- EXHIBIT II TAX LEVY FOR BONDS THE 2015A BONDS YEAR A TAX SUFFICIENT TO PRODUCE THE DOLLAR ($) AMOUNT 2015 $__________ for interest and principal up to and including December 1, 2016 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 244 of 346 -5- THE 2015B BONDS YEAR A TAX SUFFICIENT TO PRODUCE THE DOLLAR ($) AMOUNT 2015 $__________ for interest and principal up to and including December 1, 2016 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 20__ $__________ for interest and principal 245 of 346 -6- EXHIBIT III DESCRIPTION OF THE REFUNDED BONDS GENERAL OBLIGATION BONDS, SERIES 2006B, DATED DECEMBER 28, 2006 Original Principal Amount: $14,430,000 Originally Due Serially on January 1 of the Years: 2013 to 2023 Amount Remaining Outstanding: $13,210,000 Amount To Be Refunded: $11,330,000 REMAINING OUTSTANDING 2006B BONDS TO BE BE REFUNDED DUE AND DESCRIBED AS FOLLOWS: JANUARY 1 OF THE YEAR AMOUNT ($) RATE OF INTEREST (%) AMOUNT TO BE REFUNDED 2016 1,880,000 4.000 2017 1,695,000 4.250 2018 1,725,000 4.500 2019 1,555,000 4.000 2020 1,585,000 4.200 2021 1,825,000 4.125 2022 1,355,000 4.250 2022 500,000 4.500 2023 1,090,000 4.250 which 2006B Bonds are subject to redemption prior to maturity at the option of the City on any date on or after January 1, 2016, at the redemption price of par and accrued interest. 246 of 346 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) NOTIFICATION OF BOND TERMS AND DIRECTION FOR COLLECTION OF TAXES $___________ GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2015A AND $___________ GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015B TO: THE COUNTY CLERK OF THE COUNTY OF COOK, ILLINOIS: GREETINGS. Please take note of the advice and terms on the attached Bond Order (the “Bond Order”), dated as of the ____ day of ____________, 2015, for the aggregate principal amount of $__________ General Obligation Corporate Purpose Bonds, Series 2015A and $__________ General Obligation Refunding Bonds, Series 2015B, of the City of Evanston, Cook County, Illinois (the “City”), which Bond Order has been executed by the City Manager and the Mayor. Terms used herein are by reference to the Bond Order. YOU ARE ACCORDINGLY ORDERED AND DIRECTED to collect taxes, levied in the bond ordinance authorizing the issuance of the Bonds, as enumerated in the Bond Order. IN WITNESS WHEREOF we hereunto affix our official signatures as of this ____ day of ____________, 2015. _______________________________________ City Manager City of Evanston Cook County, Illinois _______________________________________ Mayor City of Evanston Cook County, Illinois 247 of 346 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) FILING CERTIFICATE $___________ GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2015A AND $___________ GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015B I, the undersigned, do hereby certify that I am the duly elected, qualified and acting County Clerk of The County of Cook, Illinois (the “County”), and as such officer I do further certify that on the ____ day of ________________, 2015, there was filed in my office as County Clerk a BOND ORDER IN CONNECTION WITH THE ISSUANCE OF $________ GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2015A AND $________ GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015B, of the City of Evanston, Cook County, Illinois (the “City”), which Bond Order has been executed by the City Manager and the Mayor, has been dated as of the ___ day of ___________, 2015, and is accompanied by a NOTIFICATION OF BOND TERMS AND DIRECTION FOR COLLECTION OF TAXES, signed by said officers of said City, each as attached hereto, and that said Bond Order and said Notification of Bond Terms and Direction for Collection of Taxes have each been placed on file in and do appear in the records of my office; and that, further, said taxes levied for the payment of said City’s General Obligation Corporate Purpose Bonds, Series 2015A and General Obligation Refunding Bonds, Series 2015B, will be extended for collection as provided in said Bond Order. IN WITNESS WHEREOF I hereunto affix my official signature and the seal of The County of Cook, Illinois, this ____ day of ______________, 2015. _______________________________________ County Clerk of The County of Cook, Illinois [SEAL] 248 of 346 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) AVAILABILITY OF BOND ORDER $__________ GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2015A AND $__________ GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015B I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Evanston, Cook County, Illinois (the “City”), and as such official I am the keeper of the official books, records, minutes and files of the City and of the City Council thereof (the “Corporate Authorities”). I do further certify that I will make available to all members of the Corporate Authorities at the next regular meeting of the Corporate Authorities, a Bond Order for $__________ General Obligation Corporate Purpose Bonds, Series 2015A and $__________ General Obligation Refunding Bonds, Series 2015B, a true, correct and complete copy of which is attached hereto. IN WITNESS WHEREOF I hereunto affix my official signature, this ____ day of ___________, 2015. _______________________________________ City Clerk City of Evanston, Cook County, Illinois 249 of 346 FINANCIAL ADVISORS’ CERTIFICATE RE: BOND SALE Public Financial Management, Inc. (“We” or the “Financial Advisors”), by our duly authorized officer, do hereby certify as follows: 1. We are the financial advisors for the City of Evanston, Cook County, Illinois (the “City”) regarding the City’s $_____________ General Obligation Corporate Purpose Bonds, Series 2015A (the “2015A Bonds”) and the City’s $_____________ General Obligation Refunding Bonds, Series 2015B (the “2015B Bonds” and, together with the 2015A Bonds, the “Bonds”). The City has sold the 2015A Bonds to _____________________, at a price of $____________ plus accrued interest to the date of delivery, if any. The City has sold the 2015B Bonds to _____________________, at a price of $____________ plus accrued interest to the date of delivery, if any. The Bonds are to be issued under and pursuant to that certain Bond Ordinance, adopted October 12, 2015, of the City (the “2015 Bond Ordinance”). Terms not defined herein are as defined in the 2015 Bond Ordinance. 2. The following further conditions have also been met: A. 2015A BONDS. (i) The 2015A Bonds do not exceed the maximum authorized of $14,000,000. (ii) No interest rate on the 2015A Bonds exceeds 5.00% per annum. (iii) The final maturity date of the 2015A Bonds does not extend past December 1, 2035. (iv) The sum of the principal of and interest on the 2015A Bonds due (or subject to mandatory redemption) in any given annual period from December 2 to the following December 1 (a “Bond Year”) does not exceed $1,200,000. (v) The terms of the 2015A Bonds are fair and reasonable in light of current conditions in the market for tax-exempt obligations such as the 2015A Bonds. 250 of 346 -2- B. 2015B BONDS. (i) The 2015B Bonds do not exceed the maximum authorized of $11,475,000. (ii) No interest rate on the 2015B Bonds exceeds 5.00% per annum. (iii) The final maturity date of the 2015B Bonds does not extend past December 1, 2022. (iv) The sum of the principal of and interest on the 2015B Bonds due (or subject to mandatory redemption) in any Bond Year does not exceed $2,500,000. (v) The terms of the 2015B Bonds are fair and reasonable in light of current conditions in the market for tax-exempt obligations such as the 2015B Bonds. (vi) The savings accomplished by the Refunding is not less than two percent (2.0%) of the par amount of the Refunded Bonds. 3. We have prepared certain schedules in connection with the purchase and sale of the Bonds, including debt service schedules, bond yields and other related information; and the schedules are accurate in all material respects. Attached hereto as Schedule I is a true and correct schedule of taxes to be levied and extended for the Bonds. IN WITNESS WHEREOF we hereunto affix our corporate name by our officer’s signature this ____ day of _____________, 2015. PUBLIC FINANCIAL MANAGEMENT, INC. By: ____________________________________ Its: _________________________________ and Authorized Officer 251 of 346 - EXHIBIT B - 3838128.01.04.B 2231926 CONTINUING DISCLOSURE UNDERTAKING FOR THE PURPOSE OF PROVIDING CONTINUING DISCLOSURE INFORMATION UNDER SECTION (b)(5) OF RULE 15c2-12 This Continuing Disclosure Undertaking (this “Agreement”) is executed and delivered by the City of Evanston, Cook County, Illinois (the “City”), in connection with the issuance of $_____________ General Obligation Corporate Purpose Bonds, Series 2015A (the “2015A Bonds”) and $____________ General Obligation Refunding Bonds, Series 2015B (the “2015B Bonds” and, together with the 2015A Bonds, the “Bonds”). The Bonds are being issued pursuant to an ordinance adopted by the City Council of the City on the 12th day of October, 2015 (as supplemented by the Bond Order authorized therein and executed in connection with the sale of the Bonds, the “Ordinance”). In consideration of the issuance of the Bonds by the City and the purchase of such Bonds by the beneficial owners thereof, the City covenants and agrees as follows: 1. PURPOSE OF THIS AGREEMENT. This Agreement is executed and delivered by the City as of the date set forth below, for the benefit of the beneficial owners of the Bonds and in order to assist the Participating Underwriters in complying with the requirements of the Rule (as defined below). The City represents that it will be the only obligated person with respect to the Bonds at the time the Bonds are delivered to the Participating Underwriters and that no other person is expected to become so committed at any time after issuance of the Bonds. 2. DEFINITIONS. The terms set forth below shall have the following meanings in this Agreement, unless the context clearly otherwise requires. Annual Financial Information means information of the type contained under the following headings and subheadings of, and in the following appendices and exhibits to, the Official Statement: [Insert reference to appropriate Sections of Official Statement.] Annual Financial Information Disclosure means the dissemination of disclosure concerning Annual Financial Information and the dissemination of the Audited Financial Statements as set forth in Section 4. Audited Financial Statements means the audited financial statements of the City prepared pursuant to the principles and as described in Exhibit I. Commission means the Securities and Exchange Commission. Dissemination Agent means any agent designated as such in writing by the City and which has filed with the City a written acceptance of such designation, and such agent’s successors and assigns. 252 of 346 -2- EMMA means the MSRB through its Electronic Municipal Market Access system for municipal securities disclosure or through any other electronic format or system prescribed by the MSRB for purposes of the Rule. Exchange Act means the Securities Exchange Act of 1934, as amended. MSRB means the Municipal Securities Rulemaking Board. Official Statement means the Final Official Statement, dated ___________, 2015, and relating to the Bonds. Participating Underwriter means each broker, dealer or municipal securities dealer acting as an underwriter in the primary offering of the Bonds. Reportable Event means the occurrence of any of the Events with respect to the Bonds set forth in Exhibit II. Reportable Events Disclosure means dissemination of a notice of a Reportable Event as set forth in Section 5. Rule means Rule 15c2-12 adopted by the Commission under the Exchange Act, as the same may be amended from time to time. State means the State of Illinois. Undertaking means the obligations of the City pursuant to Sections 4 and 5. 3. CUSIP NUMBERS. The CUSIP Numbers of the Bonds are set forth in Exhibit III. The City will include the CUSIP Numbers in all disclosure materials described in Sections 4 and 5 of this Agreement. 4. ANNUAL FINANCIAL INFORMATION DISCLOSURE. Subject to Section 8 of this Agreement, the City hereby covenants that it will disseminate its Annual Financial Information and its Audited Financial Statements (in the form and by the dates set forth in Exhibit I) to EMMA in such manner and format and accompanied by identifying information as is prescribed by the MSRB or the Commission at the time of delivery of such information and by such time so that such entities receive the information by the dates specified. MSRB Rule G-32 requires all EMMA filings to be in word-searchable PDF format. This requirement extends to all documents required to be filed with EMMA, including financial statements and other externally prepared reports. If any part of the Annual Financial Information can no longer be generated because the operations to which it is related have been materially changed or discontinued, the City will disseminate a statement to such effect as part of its Annual Financial Information for the year in which such event first occurs. 253 of 346 -3- If any amendment or waiver is made to this Agreement, the Annual Financial Information for the year in which such amendment or waiver is made (or in any notice or supplement provided to EMMA) shall contain a narrative description of the reasons for such amendment or waiver and its impact on the type of information being provided. 5. REPORTABLE EVENTS DISCLOSURE. Subject to Section 8 of this Agreement, the City hereby covenants that it will disseminate in a timely manner (not in excess of ten business days after the occurrence of the Reportable Event) Reportable Events Disclosure to EMMA in such manner and format and accompanied by identifying information as is prescribed by the MSRB or the Commission at the time of delivery of such information. MSRB Rule G-32 requires all EMMA filings to be in word-searchable PDF format. This requirement extends to all documents required to be filed with EMMA, including financial statements and other externally prepared reports. Notwithstanding the foregoing, notice of optional or unscheduled redemption of any Bonds or defeasance of any Bonds need not be given under this Agreement any earlier than the notice (if any) of such redemption or defeasance is given to the Bondholders pursuant to the Ordinance. 6. CONSEQUENCES OF FAILURE OF THE CITY TO PROVIDE INFORMATION. The City shall give notice in a timely manner to EMMA of any failure to provide Annual Financial Information Disclosure when the same is due hereunder. In the event of a failure of the City to comply with any provision of this Agreement, the beneficial owner of any Bond may seek mandamus or specific performance by court order, to cause the City to comply with its obligations under this Agreement. A default under this Agreement shall not be deemed a default under the Ordinance, and the sole remedy under this Agreement in the event of any failure of the City to comply with this Agreement shall be an action to compel performance. 7. AMENDMENTS; WAIVER. Notwithstanding any other provision of this Agreement, the City by ordinance or resolution authorizing such amendment or waiver, may amend this Agreement, and any provision of this Agreement may be waived, if: (a) (i) The amendment or waiver is made in connection with a change in circumstances that arises from a change in legal requirements, including without limitation, pursuant to a “no-action” letter issued by the Commission, a change in law, or a change in the identity, nature, or status of the City, or type of business conducted; or (ii) This Agreement, as amended, or the provision, as waived, would have complied with the requirements of the Rule at the time of the primary offering, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (b) The amendment or waiver does not materially impair the interests of the beneficial owners of the Bonds, as determined by parties unaffiliated with the City (such as Bond Counsel). 254 of 346 -4- In the event that the Commission or the MSRB or other regulatory authority shall approve or require Annual Financial Information Disclosure or Reportable Events Disclosure to be made to a central post office, governmental agency or similar entity other than EMMA or in lieu of EMMA, the City shall, if required, make such dissemination to such central post office, governmental agency or similar entity without the necessity of amending this Agreement. 8. TERMINATION OF UNDERTAKING. The Undertaking of the City shall be terminated hereunder if the City shall no longer have any legal liability for any obligation on or relating to repayment of the Bonds under the Ordinance. The City shall give notice to EMMA in a timely manner if this Section is applicable. 9. DISSEMINATION AGENT. The City may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Agreement, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. 10. ADDITIONAL INFORMATION. Nothing in this Agreement shall be deemed to prevent the City from disseminating any other information, using the means of dissemination set forth in this Agreement or any other means of communication, or including any other information in any Annual Financial Information Disclosure or notice of occurrence of a Reportable Event, in addition to that which is required by this Agreement. If the City chooses to include any information from any document or notice of occurrence of a Reportable Event in addition to that which is specifically required by this Agreement, the City shall have no obligation under this Agreement to update such information or include it in any future disclosure or notice of occurrence of a Reportable Event. 11. BENEFICIARIES. This Agreement has been executed in order to assist the Participating Underwriters in complying with the Rule; however, this Agreement shall inure solely to the benefit of the City, the Dissemination Agent, if any, and the beneficial owners of the Bonds, and shall create no rights in any other person or entity. 12. RECORDKEEPING. The City shall maintain records of all Annual Financial Information Disclosure and Reportable Events Disclosure, including the content of such disclosure, the names of the entities with whom such disclosure was filed and the date of filing such disclosure. 13. ASSIGNMENT. The City shall not transfer its obligations under the Ordinance unless the transferee agrees to assume all obligations of the City under this Agreement or to execute an Undertaking under the Rule. 255 of 346 -5- 14. GOVERNING LAW. This Agreement shall be governed by the laws of the State. CITY OF EVANSTON, COOK COUNTY, ILLINOIS By ____________________________________ Mayor Date: _____________, 2015 256 of 346 EXHIBIT I EXHIBIT I ANNUAL FINANCIAL INFORMATION AND TIMING AND AUDITED FINANCIAL STATEMENTS All or a portion of the Annual Financial Information and the Audited Financial Statements as set forth below may be included by reference to other documents which have been submitted to EMMA or filed with the Commission. If the information included by reference is contained in a Final Official Statement, the Final Official Statement must be available on EMMA; the Final Official Statement need not be available from the Commission. The City shall clearly identify each such item of information included by reference. Annual Financial Information exclusive of Audited Financial Statements will be submitted to EMMA by 270 days after the last day of the City’s fiscal year (currently __________), beginning with the fiscal year ending ____________, 20__. Audited Financial Statements as described below should be filed at the same time as the Annual Financial Information. If Audited Financial Statements are not available when the Annual Financial Information is filed, Audited Financial Statements will be submitted to EMMA within 30 days after availability to the City. Audited Financial Statements will be prepared in accordance with accounting principles generally accepted in the United States of America. If any change is made to the Annual Financial Information as permitted by Section 4 of the Agreement, the City will disseminate a notice of such change as required by Section 4. 257 of 346 EXHIBIT II EXHIBIT II EVENTS WITH RESPECT TO THE BONDS FOR WHICH REPORTABLE EVENTS DISCLOSURE IS REQUIRED 1. Principal and interest payment delinquencies 2. Non-payment related defaults, if material 3. Unscheduled draws on debt service reserves reflecting financial difficulties 4. Unscheduled draws on credit enhancements reflecting financial difficulties 5. Substitution of credit or liquidity providers, or their failure to perform 6. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security 7. Modifications to the rights of security holders, if material 8. Bond calls, if material, and tender offers 9. Defeasances 10. Release, substitution or sale of property securing repayment of the securities, if material 11. Rating changes 12. Bankruptcy, insolvency, receivership or similar event of the City∗ 13. The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material 14. Appointment of a successor or additional trustee or the change of name of a trustee, if material ∗ This event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for the City in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. 258 of 346 EXHIBIT III EXHIBIT III CUSIP NUMBERS YEAR OF MATURITY CUSIP NUMBER 20__ 299227 ___ 20__ 299227 ___ 20__ 299227 ___ 20__ 299227 ___ 20__ 299227 ___ 20__ 299227 ___ 20__ 299227 ___ 20__ 299227 ___ 20__ 299227 ___ 20__ 299227 ___ 20__ 299227 ___ 20__ 299227 ___ 20__ 299227 ___ 20__ 299227 ___ 20__ 299227 ___ 20__ 299227 ___ 20__ 299227 ___ 20__ 299227 ___ 20__ 299227 ___ 20__ 299227 ___ 259 of 346 3838128.01.04.B 260 of 346 - EXHIBIT C - 3838133.01.05.B 2231926 [ON LETTERHEAD OF CITY] ____________, 2015 Wells Fargo Bank, N.A. Minneapolis, Minnesota Re: City of Evanston, Cook County, Illinois General Obligation Refunding Bonds, Series 2015B Ladies and Gentlemen: The City of Evanston, Cook County, Illinois (the “City”), by Ordinance No. 124-O-15, adopted by its City Council on October 12, 2015 (as supplemented by the Bond Order authorized therein and executed in connection with the sale of the hereinafter defined Bonds, the “Bond Ordinance”), has authorized the issue and delivery of $________ General Obligation Refunding Bonds, Series 2015B, dated _____________, 2015 (the “Bonds”). The City has authorized by the Bond Ordinance that proceeds of the Bonds be used to pay the principal of and interest on $_________ principal amount of the City’s outstanding and unpaid General Obligation Bonds, Series 2006B, dated December 28, 2006, maturing on January 1 of each of the years 2017 to 2023, inclusive (the “Refunded Bonds”) when due and upon redemption prior to maturity on January 1, 2016. The City hereby deposits with you $______________ from the proceeds of the Bonds and $________________ from funds of the City on hand and lawfully available (collectively, the “Deposit”) and you are hereby instructed as follows with respect thereto: 1. Upon deposit, you are directed to hold the Deposit in an irrevocable trust fund account (the “Trust Account”) for the City to the benefit of the holders of the Refunded Bonds. 2. You shall hold the Deposit in the Trust Account in cash for the sole and exclusive benefit of the holders of the Refunded Bonds until redemption of the Refunded Bonds on January 1, 2016 is made. 3. You shall promptly collect the principal, interest or profit from the proceeds deposited in the Trust Account and promptly apply the same as necessary to the payment of the Refunded Bonds as herein provided. 4. The City has called the Refunded Bonds for redemption and payment prior to maturity on January 1, 2016. You are hereby directed to provide for and give or cause 261 of 346 Wells Fargo Bank, N.A. ____________, 2015 Page 2 the Prior Paying Agent (as hereinafter defined) to give timely notice of the call for redemption of the Refunded Bonds. The form and time of the giving of such notice regarding the Refunded Bonds shall be as specified in the ordinance authorizing the issuance of the Refunded Bonds. The City agrees to reimburse you for any actual out-of-pocket expenses incurred in the giving of such notice, but the failure of the City to make such payment shall not in any respect whatsoever relieve you from carrying out any of the duties, terms or provisions of this Agreement. 5. In addition, you are hereby directed to give or cause the Prior Paying Agent to give notice of the call of the Refunded Bonds, on or before the date the notice of such redemption is given to the holders of the Refunded Bonds, to the Municipal Securities Rulemaking Board (the “MSRB”) through its Electronic Municipal Market Access system for municipal securities disclosure or through any other electronic format or system prescribed by the MSRB for purposes of Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended. Information with respect to procedures for submitting notice can be found at https://msrb.org. 6. You shall remit the sum of $___________ on January 1, 2016 to Wells Fargo Bank, N.A., Minneapolis, Minnesota, as paying agent for the Refunded Bonds (the “Prior Paying Agent”), such sum being sufficient to pay the principal of and interest on the Refunded Bonds on such date, and such remittance shall fully release and discharge you from any further duty or obligation thereto under this Agreement. 7. You shall make no payment of fees, due or to become due, of the Bond Registrar or the bond registrar and paying agent for the Bonds. The City shall pay the same as they become due. 8. If at any time it shall appear to you that the available proceeds of the deposits on demand in the Trust Account will not be sufficient to pay the principal of and interest on the Refunded Bonds, you shall notify the City not less than five (5) days prior to the January 1, 2016, payment date and the City shall make up the anticipated deficit from any funds legally available for such purpose so that no default in the making of any such payment will occur. 262 of 346 Wells Fargo Bank, N.A. ____________, 2015 Page 3 9. Upon final disbursement of funds sufficient to pay the Refunded Bonds as hereinabove provided for, you shall transfer any balance remaining in the Trust Account to the City and thereupon this Agreement shall terminate. Very truly yours, CITY OF EVANSTON, Cook County, Illinois By: ____________________________________ Mayor By: ____________________________________ City Clerk Accepted this ____ day of _______________, 2015. WELLS FARGO BANK, N.A. Minneapolis, Minnesota By: ____________________________________ Its __________________________________ 263 of 346 264 of 346 Sep 16, 2015 5:04 pm Prepared by Public Financial Management, Inc. Page 1 SOURCES AND USES OF FUNDS City of Evanston, IL Refunding of 2006B Bonds DRAFT Dated Date 10/15/2015 Delivery Date 10/15/2015 Sources: Bond Proceeds: Par Amount 11,475,000.00 11,475,000.00 Uses: Refunding Escrow Deposits: Cash Deposit 11,330,000.00 Delivery Date Expenses: Cost of Issuance 50,000.00 Underwriter's Discount 91,800.00 141,800.00 Other Uses of Funds: Additional Proceeds 3,200.00 11,475,000.00 ATTACHMENT 2 265 of 346 Sep 16, 2015 5:04 pm Prepared by Public Financial Management, Inc. Page 2 SUMMARY OF REFUNDING RESULTS City of Evanston, IL Refunding of 2006B Bonds DRAFT Dated Date 10/15/2015 Delivery Date 10/15/2015 Arbitrage yield 2.254007% Escrow yield 0.000000% Value of Negative Arbitrage - Bond Par Amount 11,475,000.00 True Interest Cost 2.450748% Net Interest Cost 2.447053% Average Coupon 2.262646% Average Life 4.338 Par amount of refunded bonds 11,330,000.00 Average coupon of refunded bonds 4.227580% Average life of refunded bonds 4.098 PV of prior debt to 10/15/2015 @ 2.254007%12,091,393.68 Net PV Savings 619,593.68 Percentage savings of refunded bonds 5.468611% 266 of 346 Sep 16, 2015 5:04 pm Prepared by Public Financial Management, Inc. Page 3 SAVINGS City of Evanston, IL Refunding of 2006B Bonds DRAFT Present Value Prior Refunding Annual to 10/15/2015 Date Debt Service Debt Service Savings Savings @ 2.2540072% 06/01/2016 - 146,217.29 (146,217.29)- (144,174.27) 07/01/2016 240,063.13 - 240,063.13 - 236,267.13 12/01/2016 - 1,166,456.25 (1,166,456.25)- (1,137,340.10) 01/01/2017 1,935,063.13 - 1,935,063.13 862,452.72 1,883,240.76 06/01/2017 - 111,206.25 (111,206.25)- (107,222.01) 07/01/2017 204,044.38 - 204,044.38 - 196,366.86 12/01/2017 - 1,926,206.25 (1,926,206.25)- (1,836,497.77) 01/01/2018 1,929,044.38 - 1,929,044.38 95,676.26 1,835,771.60 06/01/2018 - 97,593.75 (97,593.75)- (92,011.58) 07/01/2018 165,231.88 - 165,231.88 - 155,490.24 12/01/2018 - 1,702,593.75 (1,702,593.75)- (1,587,319.58) 01/01/2019 1,720,231.88 - 1,720,231.88 85,276.26 1,600,770.76 06/01/2019 - 83,550.00 (83,550.00)- (77,025.17) 07/01/2019 134,131.88 - 134,131.88 - 123,426.10 12/01/2019 - 1,688,550.00 (1,688,550.00)- (1,539,334.44) 01/01/2020 1,719,131.88 - 1,719,131.88 81,163.76 1,564,289.27 06/01/2020 - 67,500.00 (67,500.00)- (60,849.32) 07/01/2020 100,846.88 - 100,846.88 - 90,740.92 12/01/2020 - 1,867,500.00 (1,867,500.00)- (1,664,736.08) 01/01/2021 1,925,846.88 - 1,925,846.88 91,693.76 1,713,544.34 06/01/2021 - 47,250.00 (47,250.00)- (41,650.43) 07/01/2021 63,206.25 - 63,206.25 - 55,611.74 12/01/2021 - 1,847,250.00 (1,847,250.00)- (1,610,186.49) 01/01/2022 1,918,206.25 - 1,918,206.25 86,912.50 1,668,916.53 06/01/2022 - 24,750.00 (24,750.00)- (21,333.33) 07/01/2022 23,162.50 - 23,162.50 - 19,927.72 12/01/2022 - 1,824,750.00 (1,824,750.00)- (1,555,319.43) 01/01/2023 1,113,162.50 - 1,113,162.50 (713,175.00) 947,029.71 13,191,373.80 12,601,373.54 590,000.26 590,000.26 616,393.68 Savings Summary PV of savings from cash flow 616,393.68 Plus: Refunding funds on hand 3,200.00 Net PV Savings 619,593.68 267 of 346 Sep 16, 2015 5:04 pm Prepared by Public Financial Management, Inc. Page 4 SUMMARY OF BONDS REFUNDED City of Evanston, IL Refunding of 2006B Bonds DRAFT Maturity Interest Par Call Call Bond Date Rate Amount Date Price $14,430,000 G.O. Refunding Bonds, Series 2010B, 2006B: SERIAL_1 01/01/2017 4.250% 1,695,000.00 01/01/2016 100.000 01/01/2018 4.500% 1,725,000.00 01/01/2016 100.000 01/01/2019 4.000% 1,555,000.00 01/01/2016 100.000 01/01/2020 4.200% 1,585,000.00 01/01/2016 100.000 01/01/2021 4.125% 1,825,000.00 01/01/2016 100.000 01/01/2022 4.500% 500,000.00 01/01/2016 100.000 01/01/2023 4.250% 1,090,000.00 01/01/2016 100.000 SERIAL_2 01/01/2022 4.250% 1,355,000.00 01/01/2016 100.000 11,330,000.00 268 of 346 Sep 16, 2015 5:04 pm Prepared by Public Financial Management, Inc. Page 5 BOND SUMMARY STATISTICS City of Evanston, IL Refunding of 2006B Bonds DRAFT Dated Date 10/15/2015 Delivery Date 10/15/2015 Last Maturity 12/01/2022 Arbitrage Yield 2.254007% True Interest Cost (TIC)2.450748% Net Interest Cost (NIC)2.447053% All-In TIC 2.558806% Average Coupon 2.262646% Average Life (years)4.338 Duration of Issue (years)4.127 Par Amount 11,475,000.00 Bond Proceeds 11,475,000.00 Total Interest 1,126,373.54 Net Interest 1,218,173.54 Total Debt Service 12,601,373.54 Maximum Annual Debt Service 2,037,412.50 Average Annual Debt Service 1,767,924.58 Underwriter's Fees (per $1000) Average Takedown - Other Fee 8.000000 Total Underwriter's Discount 8.000000 Bid Price 99.200000 Par Average Average PV of 1 bp Bond Component Value Price Coupon Life change Bond Component 11,475,000.00 100.000 2.263% 4.338 4,678.20 11,475,000.00 4.338 4,678.20 All-In Arbitrage TIC TIC Yield Par Value 11,475,000.00 11,475,000.00 11,475,000.00 + Accrued Interest --- + Premium (Discount)--- - Underwriter's Discount (91,800.00)(91,800.00) - Cost of Issuance Expense (50,000.00) - Other Amounts --- Target Value 11,383,200.00 11,333,200.00 11,475,000.00 Target Date 10/15/2015 10/15/2015 10/15/2015 Yield 2.450748%2.558806%2.254007% 269 of 346 Sep 16, 2015 5:04 pm Prepared by Public Financial Management, Inc. Page 6 BOND PRICING City of Evanston, IL Refunding of 2006B Bonds DRAFT Maturity Bond Component Date Amount Rate Yield Price Bond Component: 12/01/2016 1,050,000 1.000% 1.000% 100.000 12/01/2017 1,815,000 1.500% 1.500% 100.000 12/01/2018 1,605,000 1.750% 1.750% 100.000 12/01/2019 1,605,000 2.000% 2.000% 100.000 12/01/2020 1,800,000 2.250% 2.250% 100.000 12/01/2021 1,800,000 2.500% 2.500% 100.000 12/01/2022 1,800,000 2.750% 2.750% 100.000 11,475,000 Dated Date 10/15/2015 Delivery Date 10/15/2015 First Coupon 06/01/2016 Par Amount 11,475,000.00 Original Issue Discount - Production 11,475,000.00 100.000000% Underwriter's Discount (91,800.00) (0.800000%) Purchase Price 11,383,200.00 99.200000% Accrued Interest - Net Proceeds 11,383,200.00 270 of 346 Sep 16, 2015 5:04 pm Prepared by Public Financial Management, Inc. Page 7 ESCROW REQUIREMENTS City of Evanston, IL Refunding of 2006B Bonds DRAFT Period Principal Ending Redeemed Total 01/01/2016 11,330,000.00 11,330,000.00 11,330,000.00 11,330,000.00 271 of 346 For City Council Meeting of September 21, 2015 Item A7 Ordinance 110-O-15: Amending Parking Violation Penalties For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Rickey A. Voss, Parking/Revenue Manager Subject: Ordinance 110-O-15, Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 17, Schedule XVII: Parking Violation Penalties Date: September 10, 2015 Recommended Action: Staff recommends that the City Council adopt Ordinance 110-O-15, amending portions of City Code Section 10-11-17, Schedule XVII, Parking Violation Penalties regarding increasing the fines and late penalties for various parking violations. Staff recommends that the increase be effective on October 1, 2015. This ordinance was introduced at the August 31, 2015 City Council meeting, and referred back to Administration and Public Works Committee on September 15, 2015. Funding Source: General Fund Revenue Account (100.19.1941.52505). Summary: Due to uncertainty with the State of Illinois’ budget, staff recommends the increase of parking violation fines and late penalties. The following are proposed: • Increase of fine of $5 for all parking violations throughout the City (i.e. parking without permit in certain City lots, parking on the side of the street scheduled for street cleaning, parking within 15 feet of a fire hydrant, etc.); • Increase of $5 of the penalty payment of the violation is not paid after the expiration of 10 days from the date of violation’s issue. There are no recommended fine or penalty increases for State Registration violation fines of twenty five ($25), and disabled violation fines of two hundred and fifty dollars ($250) and penalties of one hundred dollars ($100). These items are governed by the Memorandum 272 of 346 2 Illinois Complied Statutes (625ILCS5). The attached copy of Ordinance 110-O-15 provides a table which addresses the fine increases by violation. Attachments: Ordinance 110-O-15 273 of 346 9/9/2015 8/27/2015 110-O-15 AN ORDINANCE Amending Title 10, Schedule XVII, of the Evanston City Code, “Parking Violation Penalties”, Section 10-11-17, Increasing the Penalty for Various Fines BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Section 10-11-17 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: 10-11-17: SCHEDULE XVII; PARKING VIOLATION PENALTIES: The following penalties are hereby established as fines for violation of the parking provisions hereinafter enumerated: Schedule XVII (B): (B) Fine of twenty-five ($25.00) thirty ($30.00) plus twenty ($20.00) twenty-five dollars ($25.00) additional penalty if paid after the expiration of twenty-one (21) ten (10) days from the date of issue. following issuance of a final determination of liability: Schedule XVII (B): Parking Violation Penalties 1. Parked without permit in certain city parking lots 10-4-16-1(B) Lot Location 6 1433 Maple, 1454 Elmwood, and 1509 Elmwood (police and fire) 30 1501 Elmwood in the "police vehicle only" area 43(A) 2603 Sheridan Road in area designated "43A permit" 44 555 Lincoln Street (water department) 274 of 346 110-O-15 ~2~ 51 927 Noyes Street (Noyes art center) 54 Poplar at Central 56 2100 Ridge Avenue (civic center) 58 Asbury Avenue and Leon Place (service center) 2. Parked near schools during school hours where posted 10-4-7 3. Parked in aisles in city parking lots 10-4-16-4 4. Parked in freight or passenger loading zone 10-4-14-3 5. Parked on private property without consent 10-4-6 6. Parked in area reserved for emergency vehicles 10-4-17 7. Parked on a bridge 10-4-1(A)7 8. Improper use of stops/stands by buses/cabs 10-4-14-5 9. Passenger vehicle parking only 10-4-5-2(A) 10. Commercial vehicle (25 feet or less) parked in residential area between 9:00 P.M. and 7:00 A.M. 10-4-5-3 11 Parked in bus stop or cabstand 10-4-14-6 12. Parked outside meter space lines 10-5-3(B) 13. Nonmotorized vehicle parked on street over 4 hours 10-4-3(C) 275 of 346 110-O-15 ~3~ (B.1) Fine of twenty-five dollars ($25.00). No current state registration (Ord. 21-0- 02) 10-4-1(C) Schedule XVII (C): (C) Snow Route Parking Ban And Snow Emergency Penalties effective January 1, 2009: Schedule XVII (C): Parking Violation Penalties 1. Snow Route Parking Ban: Vehicles illegally parked on a snow route, as designated in schedule VI, section 10-11-6 of this Chapter and in subsection 10-4- 13(B) of this Title during a snow route parking ban, shall pay a fine of fifty-five dollars ($55.00) sixty dollars ($60.00), plus an additional penalty of twenty dollars ($20.00) twenty-five dollars ($25.00) if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability. 2. Tow Away And Storage; Snow Route Parking Ban: Vehicles towed pursuant to Subsection 10-4-13(E) of this Title shall be subject to the fifty-five dollar ($55.00) sixty dollars ($60.00) fine plus an additional penalty of twenty dollars ($20.00) twenty-five dollars ($25.00) if paid after the expiration of ten (10) days from the date of issue pursuant to Subsection (C)1 of this Section and to the cost of towing and the daily storage fee, based on the current rate established in the city towing contract. 3. Snow Emergency; Vehicle Not Towed: Vehicles illegally parked, as defined in Subsection 10-4-13(D) of this Title, but not towed and relocated, during a snow emergency on all streets, other than those defined by ordinance to be a snow route, shall pay a fine of fifty-five dollars ($55.00) sixty dollars ($60.00), plus an additional penalty of thirty-five dollars ($35.00) forty dollars ($40.00) if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability. 4. Snow Emergency: Vehicles illegally parked as defined in Subsection 10-4-13(D) or (E) of this Title which are towed and relocated during a snow emergency on all streets other than those defined by ordinance to be a snow route shall pay a fine of one hundred fifty dollars ($150.00) one hundred-fifty five dollars ($155.00) plus an additional penalty of fifty dollars ($50.00) fifty-five dollars ($55.00) if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability. 276 of 346 110-O-15 ~4~ Schedule XVII (D): (D) Fine of thirty dollars ($30.00) thirty-five dollars ($35.00) plus twenty-five dollars ($25.00) thirty dollars ($30.00) additional penalty if paid after the expiration of twenty- one (21) days following issuance of a final determination of liability: Schedule XVII (D): Parking Violation Penalties 1. Parked in violation of street cleaning regulations 10-4-12 2. Parked under fire escape 10-4-1(A)12 3. Parked left wheel to curb on two-way street or parked more than 12 inches from curb 10-4-8 4. Parked for selling merchandise from vehicle 10-4-3(B) 5. Parked within an intersection 10-4-1(A)3 6. Parked on or within a crosswalk 10-4-1(A)4 7. Parked within 20 feet of a crosswalk 10-4-1(B)3 8. Parked within 30 feet of traffic control device 10-4-1(B)4 9. Parked within 50 feet of railroad crossing 10-4-1(C)1 10. Parked within 20 feet of fire station driveway or within 75 feet of fire station entrance on opposite side of street 10-4-1(B)5 11. Leaving vehicle unattended with motor running 10-4-9 12. On a sidewalk in such a way as to obstruct any portion thereof 10-4-1(A)2 13. Parked on a parkway 10-4-1(A)11 14. Parked in violation of "passenger vehicle parking only" for vehicles longer than 25 feet 10-4-5-3 15. Nonmotorized vehicle parked between 9:00 P.M. and 6:00 A.M. (Ord. 6-0-02) 10-4-3(D) 277 of 346 110-O-15 ~5~ Schedule XVII (E): (E) Fine of tThree hundred fifty dollars ($350.00), plus one hundred dollars ($100.00) additional penalty if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability: Schedule XVII (E): Parking Violation Penalties Parking in spaces reserved for the mobility limited pursuant to Subsection 10-4- 11(A) of this Title. Schedule XVII (F): (F) Fine of tTwo hundred fifty dollars ($250.00), plus one hundred dollars ($100.00) additional penalty if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability: Schedule XVII (F): Parking Violation Penalties Parking in spaces reserved for the mobility limited pursuant to Subsection 10-4- 11(B) of this Title. Schedule XVII (G): (G) Fine of fifty-five dollars ($55.00) sixty dollars ($60.00) plus twenty dollars ($20.00) twenty-five dollars ($25.00) additional penalty if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability: Schedule XVII (G): Parking Violation Penalties 1. Parking or operating a vehicle registered or required to be registered in the City without obtaining a valid Evanston vehicle license (the wheel tax sticker or "city sticker") 10-8-1 2. Parking or operating a vehicle registered or required to be registered in the City without displaying valid Evanston vehicle license (the wheel tax sticker or ("city sticker") 10-8-4 278 of 346 110-O-15 ~6~ Schedule XVII (H): (H) Fine of fifty dollars ($50.00) fifty-five dollars ($55.00) plus fifty dollars ($50.00) fifty- five dollars ($55.00) additional penalty if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability: Schedule XVII (H): Parking Violation Penalties 1. Parked in alley 10-4-5-1 2. Obstructing traffic 10-4-2 3. Double parking 10-4-1(A)1 Schedule XVII (I): (I) Fine of fifty dollars ($50.00) sixty dollars ($60.00) plus fifty dollars ($50.00) fifty-five dollars ($55.00) additional penalty if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability: Schedule XVII (I): Parking Violation Penalties 1. Parked within 15 feet of a fire hydrant 10-4-1(B)2 2. Parked in front of or within 8 feet of driveway (Posted) 10-4-1(B)1 3. Parked in or blocking an electric vehicle charging station 10-4-19 Schedule XVII (J): (J) Fine of forty-five dollars ($45.00) fifty dollars ($50.00) plus forty dollars ($40.00) forty-five dollars ($45.00) additional penalty if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability: Schedule XVII (J): Parking Violation Penalties 1. No parking permit in certain city lots 10-4-16-2(A) Lot Location 279 of 346 110-O-15 ~7~ 1 South Boulevard and Hinman Avenue 4 2101-2121 Central Street 8 811 Main Street 14 Lake Street and Sherman Avenue 15 716 Main Street 18 Clyde Avenue and Brummel Street 20 1881 Oak Avenue 21 1028-1030 Central Street, Chandler Center 22 South Boulevard and Sheridan Road 23 Dempster Street and Elmwood Avenue 25 1614 Maple Avenue 27 1619 Oak Avenue 30 1501 Elmwood Avenue 31 925 Sherman Avenue 32 825 Hinman Avenue 35 Main Street and Judson Avenue 39 711-715 Hinman Avenue 42 743 Hinman Avenue 43 2603 Sheridan Road (garage area) 45 833 Forest Avenue 47 Lake Street and Maple Avenue 48 1315 Emerson Street 60 1232-1234 Chicago Avenue 64 Central Street at Ashland Avenue 280 of 346 110-O-15 ~8~ Schedule XVII (K): (K) Fine of thirty-five dollars ($35.00) forty dollars ($40.00) plus thirty dollars ($30.00) thirty-five dollars ($35.00) additional penalty if paid after the expiration of twenty-one (21) days following issuance of a final determination of liability: Schedule XVII (K): Parking Violation Penalties 1. Parked in posted no parking zone 10-4-1(C)2 2. Parked longer than posted time limit 10-4-15-5 3. Parked longer than parking meter time limit 10-5-4(C) 4. No residential parking permit (including EVS district) 10-4-5-2(B) SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: 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 4: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. 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. 281 of 346 110-O-15 ~9~ Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 282 of 346 For City Council meeting of September 15, 2015 Items A8 & A9 Ordinance 107-O-15: Limited Parking on Lincoln Street Ordinance 108-O-15: Parking Meter Zone at Chandler-Newberger Lot 21 For Action To: Honorable Mayor and Members of the City Council From: Martin Lyons, Assistant City Manager/CFO Rickey A. Voss, Revenue/Parking Manager Subject: Ordinance 107-O-15: Limited Parking on Lincoln Street Ordinance 108-O-15: Parking Meter Zones Date: July 28, 2015 Recommended Action: The Transportation/Parking Committee and staff recommend that the City Council adopt the following ordinances amending the City Code. These ordinances were introduced at the September 15, 2015 City Council meeting. (A8) Ordinance 107-O-15, Limited Parking on Lincoln Street, Creating Subsection 10- 11-10, Schedule X (N): No person shall park a motor vehicle for a period of time longer than four (4) hours between the hours of 9:00 A.M. and 6:00 P.M. Monday through Friday, except national holidays upon the following designated streets or portions thereof and to add Lincoln Street (north side, Ridge Avenue west to Sanitary District Canal); (A9) Ordinance 108-O-15, Parking Meter Zones, Amending Section 10-11-12, Schedule XII (H), which designates certain City-owned and operated parking lots as parking meter zones to include twelve (12) meters at Parking Lot #21, 1028 Central Street – Chandler-Newberger Center. The maximum limit for these meters shall be fifteen (15) hours per day between the hours of 9:00 A.M. to 6:00 P.M. at a rate of $0.25 per hour. Summary: In recent months there has been an increase in vehicles parked on Lincoln Street in and around the Chandler-Newberger Center, 1028 Central Street, that has made it increasing difficult for residents and others attending activities at the center and the golf course to find adequate parking. In order to create turnover and to eliminate concerns that commuters and employees of the nearby hospital are consuming the limited parking in the area the Transportation/Parking Committee and staff recommend that a four (4) hour restricted parking area be on Lincoln Street, north side from Ridge Avenue to the Sanitary District Canal. Memorandum 283 of 346 To replace some of the lost “commuter” parking the transportation committee and staff recommend that 12 spaces in City Parking Lot #21, located at the Chandler-Newberger Center be designated as meter parking at the commuter parking rate of $.25 per hour, maximum limit of 15 hours, 9 a.m. to 6 p.m. daily. Legislative History: N/A ------------------------------------------------------------------------------------- Attachments: Ordinance 107-O-15 Ordinance 108-O-15 284 of 346 107-O-15 AN ORDINANCE Adding City Code Section 10-11-10 (N), Schedule X (N) to Include Four Hour Parking Limits Between 9:00 A.M. and 6:00 P.M. On Certain Streets NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 10-11-10 of the Evanston City Code of 2012, as amended, is hereby amended to add Subsection (N), Schedule X (N) as follows: SCHEDULE X (N) (N) No person shall park a motor vehicle for a period of time longer than four (4) hours between the hours of 9:00 a.m. and 6:00 p.m. Monday through Friday, except national holidays, upon the following streets or portions thereof : Lincoln Street North Side, Ridge Avenue W est to Sanitary District Canal 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 107-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 107-O-15 that can be given effect without the invalid application or provision, and each invalid application of this Ordinance 107-O-15 is severable. 285 of 346 107-O-15 ~2~ SECTION 5: That this Ordinance 107-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: ___________________, 201 5 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 286 of 346 108-O-15 AN ORDINANCE Amending City Code Section 10-11-12, Schedule XII (H): Parking Meter Zones NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 10-11-12, Schedule XII (H) of the Evanston City Code of 2012, as amended, is hereby further amended to include the following: Parking lot #21, 1028 Central Street – Chandler-Newberger Center: 12 meters $0.25 per hour Maximum limit, 15 hours Nine o'clock (9:00) A.M. to Six o'clock (6:00) P.M. 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 108-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 108-O-15 that can be given effect without the invalid application or provision, and each invalid application of this Ordinance 108-O-15 is severable. 287 of 346 108-O-15 ~2~ SECTION 5: That this Ordinance 108-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: ___________________, 201 5 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 288 of 346 For City Council meeting of September 15, 2015 Item A10 Ordinance 116-O-15 – Amending Title 1, Chapter 9: Reorganization For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Wally Bobkiewicz, City Manager Martin Lyons, Assistant City Manager W. Grant Farrar, Corporation Counsel Jennifer Lin, Human Resources Division Manager Subject: Ordinance 116-O-15, Implementing a Reorganization and Consolidation of the Executive Departments in the City of Evanston Date: September 15, 2015 Recommended Action: Staff recommends City Council adoption of Ordinance 116-O-15 to amend Title 1, Chapter 9 of the Evanston City Code of 2012 as a legislative enactment concerning organizational realignment and consolidation of the City’s Executive Departments. This ordinance was introduced at the September 15, 2015 City Council meeting. Funding Source: n/a Summary: Ordinance 116-O-15 amends Title 1, Chapter 9 of the Evanston City Code of 2012 to codify the organizational realignment and consolidation of the City’s Executive Departments prior to such realignment taking effect January 1, 2016. The goal of these efforts are to ensure City residents get more and better services with existing resources while prudently managing taxpayer funds in the context of the State of Illinois’ ongoing budget crisis. Legislative History: This ordinance is a component part of the ongoing legislative process commenced on August 31, 2015 regarding City Council consideration of reorganization of City departments. Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 116-O-15 Memorandum 289 of 346 9/15/2015 116-O-15 AN ORDINANCE Amending Title 1, Chapter 9 of the City Code to Implement a Reorganization and Consolidation of the Executive Departments in the City of Evanston to Ensure a Stable City Budget, and that Community Standards for City Services and Livability are Met SECTION 1. Legislative Statement. As an unfortunate result of the State of Illinois’ fiscal crisis, the City of Evanston faces enormous budget challenges in the months and years ahead. Since Evanston receives funding through the State for many items, a multi-million dollar decrease in revenue will adversely impact service delivery throughout the City. The State is actively cutting or clawing back funds previously issued to the City, and greatly reducing Motor Fuel Tax Funding. A fundamental change in the City’s organizational structure is necessary to meet this economic reality, while at the same time, accounting for and utilizing best practices for service delivery and organizational efficiency. It is through this prism that the City studied consolidation and organizational realignment of several City departments. This work relied upon and utilized the efforts of City staff at all levels. Ensuring that City residents get more and better services with existing resources while prudently managing taxpayer funds will align with the City Council’s goals and community standards. Service realignment and reorganization has been an ongoing process in the City for many years. One of the core goals in all these efforts is to save money and streamline operations. Improving operations while saving taxpayer funds is critical given the continuing impact of State cuts to City revenues. 290 of 346 116-O-15 ~2~ Since May 2015, dozens of City staff members evaluated the City’s capital planning, infrastructure investments, facility and park maintenance and stewardship of natural resources. Comparable organizational models from similarly situated jurisdictions informed the process, and ensured evidence based decisions for the reorganization were articulated clearly. As a result of the reorganization and consolidation of the Public Works, Utilities, and other City departments, the City is eliminating several Full-Time Equivalent (“FTE”) positions, effective January 1, 2016 for Fiscal Year 2016. The reorganization also recognizes and codifies work done in the City following the electorally mandated dissolution of Evanston Township in 2014. As reorganization is implemented, further legislative and budgetary action will be necessary. The City will conduct internal recruitments and application processes consistent with City policies and applicable law. The City Council approves of the substantive work to improve service delivery, and to reduce or consolidate management positions to save taxpayer funds, such work which is a legislative act with prospective implications. Bagley v. Blagojevich, 646 F.3d 378 (7th Cir. 2011). Introduction, analysis, discussion, and passage of this ordinance are integral steps in the legislative process, and these legislative activities performed by City staff and the City Council are entitled to absolute legislative immunity. Bogan v. Scott-Harris, 523 U.S. 44 (1998); Rateree v. Rockett, 852 F.2d 946, (7th Cir. 1988); Biblia Abierta v. Banks, 129 F.3d 899 (7th Cir. 1997); Reeder v. Madigan, 780 F.3d 799 (7th Dist. 2015). The reorganization and consolidation reflects discretionary, policymaking decisions implicating the budgetary priorities of the City of Evanston, and as such, the US Supreme Court stated these decisions are entitled to deference. Bogan at 55. See also 291 of 346 116-O-15 ~3~ In re Chicago Flood Litigation, 176 Ill.2d 179 (1997)(Discretionary policy-making acts entitled to immunity under 745 ILCS 10/2-201). The actions by the City’s staff and Council members in balancing competing interests and making judgment calls is entitled to immunity under 745 ILCS 10/2-109. Weiler v. Village of Oak Lawn, 2015 WL 1538498 (ND Ill. 2015). The City Council finds that a rational basis exists for implementing a reorganization of the City departments specified in this Ordinance and in subsequent legislative enactments. This legitimate governmental reorganization is constitutionally proper and embodies valid, non-pretextual reasons to eliminate or reclassify certain Full Time Equivalent (FTE) positions. Schulz v. Green County, 645 F.3d 949 (7th Cir. 2011); Misek v. City of Chicago, 783 F.2d 98 (7th Cir. 1986); Groark v. Thorleif Larsen & Son, Inc., 231 Ill.App.3d 61 (1st Dist. 1992). Over the course of 2015, the City Council considered and adopted the records and recommendations of the City Manager and staff. 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. NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 2: Title 1 of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 1-9-1. - MUNICIPAL OFFICERS AND DEPARTMENTS. For the purposes of this Code, and for the administration and enforcement of the affairs and policies of the City, there shall be the following executive 292 of 346 116-O-15 ~4~ departments of the City. Each department shall be administered by a department head appointed by the City Manager, except for the Library Director, who shall be appointed by the Evanston Public Library Board of Trustees. Such The department heads shall perform all duties such functions as may be prescribed required by the City Code, applicable law, by ordinance or by the City Manager. Department heads and their deputies and such other employees as may be designated by the City Manager shall be officers of the City. Departments and department heads shall be as follows: DEPARTMENT DEPARTMENT HEAD Administrative Services Director of Administrative Services Community and Economic Development Director of Community and Economic Development Fire Department and Life Safety Services Fire Chief Health and Human Services Director of Health and Human Services Law Corporation Counsel Parks, Recreation and Community Services Director of Parks, Recreation and Community Services Police Police Chief Public Library Library Director Public Works Agency Director of Public Works Agency Utilities Director of Utilities 1-9-2. - BONDS AND OATH OF OFFICE PURSUANT TO 65 ILCS 5/5-3-9. (A) Bonds. The Finance Director shall secure and keep in force and effect faithful performance bonds for all employee positions of the City in the amount of one hundred thousand dollars ($100,000.00), except faithful performance bonds on three (3) positions shall be kept at indicated levels as follows: 293 of 346 116-O-15 ~5~ Finance Director $250,000.00 City Clerk 1,000.00 Mayor 3,000.00 (B) Oath Of Office. All officers of the City, whether elected or appointed, shall, before entering upon the duties of their respective offices, take and subscribe to the following oath or affirmation: I do solemnly swear (or affirm as the case may be) that I will support the Constitution of the United States and the Constitution of the State of Illinois, and that I will faithfully discharge the duties of ____________ according to the best of my ability. Such oath or affirmation shall be filed in the office of the City Clerk. 1-9-3. - COMPENSATION GENERALLY. The salaries or compensation of all officers and employees of the City, except the Mayor, Aldermen, the City Clerk and any other officer elected for a definite term, shall be determined and fixed by the City Council in the annual budget. The City Council shall fix the salaries of all officers who are elected for a definite term in an ordinance other than the tax levy ordinance. 1-9-4. - PROPERTY RETURNED TO CITY TURNED OVER TO SUCCESSOR. Any person having been an officer or employee of the City whose term has expired, or who has resigned, or who terminated from office or employment been removed from office shall, within three five calendar (3) (5) days after notification and request, deliver to the Administrative Services Department his/her successor in office all property, computers or other technological devices, books and effects of every description in his/her possession belonging to the City or related to his/her official duties. appertaining to his/her office. 1-9-5. - EXAMINATION AND INSPECTION OF EFFECTS OF OFFICE. All books, papers, vouchers, warrants, entries, accounts, and electronic records and memoranda of each and every officer and employee of the City may be examined at any time by the Mayor or City Manager. 1-9-6. - OPERATION OF CITY OFFICES. Office hours. 294 of 346 116-O-15 ~6~ (A) The offices of the respective City officers, except as may otherwise be provided for by resolution of the City Council, and except as provided in this Section, shall be open for business from eight thirty o'clock (8:30) A.M. until five o'clock (5:00) P.M., except Saturdays, Sundays and legal holidays. (B) The office of the Mayor shall be open at such hours as he/she shall prescribe. (C) The office of the City Clerk shall be open at such additional hours as may be prescribed. 1-9-7. - RETIREMENT AND PENSION PROGRAMS. The employees of the City shall and do participate in the pension programs as required by the Illinois Compiled Statutes, specifically the Illinois Municipal Retirement Fund, 40 ILCS 5/7-101 et seq., Police Pension Fund, ILCS 5/3-101 et seq., and Firefighters Pension Fund, 40 ILCS 5/4-101 et seq. (A) The City Manager or his/her designee shall be the authorized agent for the Illinois Municipal Retirement Fund; (B) The authorized agent shall have all the powers and duties to take any action with respect to the Illinois Municipal Retirement Fund as set forth in 40 ILCS 5/7-101 et seq. 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 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 5: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 6: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 295 of 346 116-O-15 ~7~ Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form and legality: _______________________________ W. Grant Farrar, Corporation Counsel 296 of 346 For City Council meeting of September 15, 2015 Item P1 Ordinance 117-O-15 Application for a Special Use for a Financial Institution, First Bank & Trust, at 520 Main Street 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 Melissa Klotz, Zoning Planner Subject: Ordinance 117-O-15, granting a Special Use for a Financial Institution, First Bank & Trust, at 520 Main Street Date: September 18, 2015 Recommended Action The Zoning Board of Appeals and City staff recommend adoption of Ordinance 117-O- 15 granting special use approval for a ground floor Financial Institution, First Bank & Trust, in the C1a Commercial Mixed Use District and the oDM Dempster-Main Overlay District. The applicant has complied with all zoning requirements, and meets all standards for a special use for this district. Based on the September 15, 2015 Planning & Development and City Council meetings, the Ordinance has been updated for the hours of operation to exclude Sundays since the proposed Financial Institution will be closed on Sundays, and for all employees to park off-site at 935 Chicago Avenue as required by the approved Chicago & Main Planned Development. Summary 520 Main Street is located within the Chicago+Main nine-story mixed-use planned development currently under construction. The unit will front on Main Street and be located two units west of the alley. Construction of the entire building is planned to conclude in late spring or early summer 2016. First Bank & Trust is an existing full service branch that has been operating at 741 Main Street since 2008, but has always intended to move into a new space once construction of the new building at Chicago and Main is completed. The new space will provide more room with a better layout to service their customers in an open-floor plan model, allow Memorandum 297 of 346 for state-of-the-art cash recycling, increased security systems, and provide a secured- access ATM available 24-hours a day. The applicant anticipates having 3 full-time employees and 2 part-time employees. The applicant will lease 4 parking spaces at 935 Chicago Avenue, which is an off-site parking lot half a block north specifically for the use of employees of the new Chicago- Main building. While the applicant anticipates that many customers will walk to this new location, enclosed short-term retail parking will be available on the ground-floor of the new development. The applicant is not planning any exterior modifications to the building other than signage. City staff has not received any objections to the proposed use from surrounding property owners. Neighborhood Benefit The neighborhood will benefit from having a business that will enhance convenient services for the surrounding area, encourage foot-traffic, and promote the economic viability of the Main Street business district. Comprehensive Plan The Evanston Comprehensive General Plan encourages the retention and expansion of existing businesses in commercial corridors that can add sales tax revenue and encourage vibrant business districts. First Bank & Trust will utilize a new commercial space to provide a convenient service and encourage pedestrian activity within the Main Street business district. Legislative History August 18, 2015: The ZBA recommended unanimous approval of the special use for a ground-floor financial institution with the following conditions: 1. Hours of operation: 7 a.m. to 9 p.m., seven days a week. 2. Employees may not park on the street. Attachments Proposed Ordinance 117-O-15 August 18, 2015 ZBA Draft Meeting Minutes ZBA Findings August 18, 2015 ZBA Packet – http://www.cityofevanston.org/assets/ZBA-packet-20150818.pdf 298 of 346 9/2/2015 9/17/2015 117-O-15 AN ORDINANCE Granting a Special Use Permit for a Financial Institution Located at 520 Main Street in the C1a Commercial Mixed Use District and the oDM Dempster-Main Overlay District (“First Bank & Trust”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on August 18, 2015, pursuant to proper notice, to consider case no. 15ZMJV-0065, an application filed by Joan E. Yohanan, lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 520 Main Street (the “Subject Property”) and located in the C1a Commercial Mixed Use District and the oDM Dempster-Main Overlay District, for a Special Use Permit to establish, pursuant to Subsection 6-15-17-5 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a ground-floor Financial Institution, “First Bank & Trust,” on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for a Financial Institution met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of September 15, 2015, the Planning and Development Committee of the City Council (“P&D Committee”) carefully considered the ZBA’s record and findings and recommended the City Council accept the ZBA’s recommendation and approve the application in case no. 15ZMJV-0065; and 299 of 346 117-O-15 ~2~ WHEREAS, at its meetings of September 15, 2015 and September 21, 2015, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Financial Institution on the Subject Property as applied for in case no. 15ZMJV- 0065. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case. B. Hours of Operation: The Applicant shall operate the Financial Institution authorized by this ordinance only between the hours of 7:00 a.m. and 9:00 p.m. on any given Monday, Tuesday, Wednesday, Thursday, Friday or Saturday. The Financial Institution is not authorized by this ordinance to operate on any give n Sunday. C. Employee Parking: Employees may not utilize on-street or on-site parking during hours of operation. If Employees necessitate parking, employees shall utilize the off-site located at 935 Chicago Avenue. D. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. 300 of 346 117-O-15 ~3~ SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: 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 8: 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 301 of 346 117-O-15 ~4~ EXHIBIT A LEGAL DESCRIPTION LOT “A” IN THE MAIN CONSOLIDATION, BEING A CONSOLIDATION OF LOTS 1, 2 AND 3 IN BLOCK 11 IN W HITE’S ADDITION TO EVANSTON IN SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 5, 1977 AS DOCUMENT NUMBER 23769201, IN COOK COUNTY, ILLINOIS. PINs: 11-19-401-024-0000 COMMONLY KNOWN AS: 520 Main Street, Evanston, Illinois. 302 of 346 Page 1 of 5 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, August 18, 2015 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Violetta Cullen, Myrna Arevalo, Mary Beth Berns, Scott Gingold, Mary McAuley Members Absent: Andrew Gallimore Staff Present: Melissa Klotz, Damir Latinovic Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:03 pm. Approval of Minutes The minutes from the July 21, 2015 Zoning Board of Appeals meeting were motioned for approval. Mr. Gingold made the motion and it was seconded by Ms. Berns. The motion was approved 5-0 with one abstaining. New Business 520 Main Street ZBA 15ZMJV-0065 Joan E. Yohanan, lessee, applies for a special use permit for a Financial Institution, First Bank & Trust, at 520 Main Street. 520 Main Street is located in the C1a Commercial Mixed Use District and the oDM Dempster-Main Overlay District, which requires a special use permit for a ground-floor Financial Institution to operate (Zoning Code Section 6-15-17-5). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Chair Rodgers stated that he had voted against this building when it was originally proposed to the Economic Development Committee. He disclosed this information for full transparency, but noted that his past opinions would not influence this case Paul Cogel and Joan Yohanen, lessees, explained the proposal: Larger space Will have private bathrooms instead of shared bathrooms Allows for ATM space Current location (741 Main Street) is temporary Parking located within the building for customers Leased four additional spaces at the 935 Chicago Avenue surface lot 2 employees take public transit (4 employees are scheduled per shift) Approximately 8-10 customers per day (2-3 maximum at one time) Ms. Cullen asked where the customers park at their current location. The applicant responded that most customers walk to the branch, but some park in the City lot by Vogue Fabrics. The applicant continued: Hours of operation will be from 8:30 a.m. to 6 p.m. Monday through Friday and 8 a.m. to 2 p.m. on Saturdays. ATM will be inside, will have swipe card access, will be well-lit 303 of 346 Page 2 of 5 Zoning Board of Appeals The ZBA entered into deliberations. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Ms. Berns motioned for approval of the proposal with the following conditions: 1. Hours of operation: 7 a.m. – 9 p.m., 7 days a week 2. No employee parking on the street. The motion was seconded by Ms. Arevalo. The motion was approved 6-0. 2115 Dewey Avenue ZBA 15ZMJV-0061 Adriano Galvao and Brianna Sylver, contract purchasers, apply for major zoning relief to establish an office use in the MXE Mixed Use Employment District. The applicants request to establish a non-residential use on a property 5,688 square feet in size where a minimum 6,000 square feet of lot size is required for a non-residential use (Zoning Code Section 6-13-4-4-A) and a lot width of 33.5’ where a minimum 35’ lot width is required for a non-residential use (Zoning Code Section 6-13-4-5-A). The Zoning Board of Appeals is the determining body for this case. Ms. Klotz read the case into the record. Mr. Galvao and Ms. Sylver, contract purchasers, explained the proposal: Have been in business for 13 years (4 years in Evanston) Have been looking for a new space for 1.5 years Have 4 employees and 1 intern Want to convert multi-unit residence into an office “Innovation Research and Strategy”. Firm provides market research to bring clarity and focus to Fortune 500 businesses Very minimal foot traffic. They host client workshop about 4 times per year. Have an arrangement for parking at nearby church for those occasions. 4-6 parking spaces for employees on-site, which they might pave depending on drainage. Expect to spend around 150k to renovate the property (plumbing, electric, configuration, security) Property currently hosts 2 occupied residences Might add 2nd story on to the rear of the building in the future and might have zoning and building code issues to address then Ms. Burns inquired about other buildings located nearby. The applicants stated that that the property to the north is being rented by students and the property to the south is owned by the City as an NSP2 property. The applicants went on to explain: Current space measures 1,500 ft2; New space would measure 2,100 ft2 304 of 346 Page 3 of 5 Zoning Board of Appeals Will add maybe 1 employee every other year Hours of operation will be from 8:30 a.m. to 6:30 p.m. at the latest. Might be open occasionally on Saturday. Deliveries will happen once, every other day The ZBA entered into deliberations. Mr. Gingold noted his support for this project. The lot is 300 ft 2 short of compliance. This use would be great for a mixed-use area such as this one. Ms. Berns agreed that this use fits in with the neighborhood well. Ms. Cullen hoped that current residents will receive help relocating elsewhere. Chair Rodgers noted that most properties in this area consist of light commercial uses such as this. There are very few residences on this block. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Mr. Gingold motioned to approve the proposal with the following condition: 1. Project must be in substantial compliance with the documents and testimony on record. The motion was seconded by Ms. Cullen. The motion was approved 6-0. 2525 Oakton Street ZBA 15ZMJV-0063 Richard Slager, property manager, applies for major zoning relief to construct an enclosed concrete plant in the I3 General Industrial District. The applicant requests a building height of 70’ where a maximum building height of 60’ or 4 stories, whichever is less, is permitted (Zoning Code Section 6-14-4-7). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Mr. Slager, property manager, and Lloyd Meyer, president, explained the proposal: There are multiple Ozinga plants in the Chicago area Concrete: gravel, sand, water, cement Concrete must be poured within 90 minutes of mixing Want to make yard more environmentally-friendly. Have already made many improvements including drainage, water reclamation, natural gas trucks, decorative block wall, and landscaping Located within a heavy industrial area Building will contain the dust and diminish noise as trucks load up 70’ height is necessary due to conveyers that move the mix from plant to truck Current maximum height of outdoor equipment is 45’ and also had silos at 55’. There are tall cell towers and a water tower nearby. 305 of 346 Page 4 of 5 Zoning Board of Appeals Ms. Berns asked if all equipment would be located inside. The applicants answered that a spare plant will be located outside in case the indoor one breaks down. Ms. Cullen asked how many trucks will be using the shared drive per hour. The applicants said that there will only be 5-10 trucks per hour, but will only use the drive one at a time. It takes about 5-7 minutes for each truck. Ms. Cullen noted that the drive seems to be very busy with lots of traffic. Mr. Gingold asked if truck traffic is expected to increase. The applicants responded that traffic will not increase based on the new plant, but might depending on the economy. They employ 20-40 truck drivers per year depending on construction demand, which happens to be high right now. They provide well-paying union jobs. Ms. Arevalo inquired whether the plant would ever be open after-hours for special night-pours, etc. The applicants stated that would happen rarely, if ever. The plant near O’Hare is usually designated for that work. The applicants went on to explain: Currently, the plant closes December 1 through March due to weather limitations. The indoor plant will allow for year-round operation. Winter will still be slower, so business will only moderately increase. Ms. Berns asked why they need to build an enclosed plant if they are only expecting a moderate increase in business. The applicants explained that it is mostly for environmental reasons. This will also stop customers from hiring competitors over the winter season. Ms. Berns inquired whether the equipment could be built any lower. The applicants stated that would not be possible. The proposed height is the industry standard and required by regulations. The applicants explained: They will be repurposing a building that is currently in Wisconsin. The building will be deconstructed, moved to Evanston, reconstructed and refurbished to look new. Trucks park on the property overnight when the business is not in operation. They do not park on the private street that accesses the property. Chair Rodgers asked if any other improvements would be made to the property. The applicants stated that they will upgrade the gas and electrical, water management has already been upgraded and no other changes have been proposed. Mr. Gingold asked if the applicants were okay with the DAPR recommendation to beautify the site with landscaping. The applicants expressed complete agreement with the recommendation. They would love to improve the drive as well if North Shore Towing would be willing to work with them. Ms. Arevalo asked if trucks cross Oakton to Orange Crush often, to which the applicants answered, not much at all. The ZBA entered into Deliberations: Mr. Gingold noted that the proposed height is the industry standard and embodies the minimum change necessary. This variation will help a good, local business that employs Evanstonians. Ms. Cullen noted that this is a very busy area. She hopes all businesses on the private drive will work together to address traffic. 306 of 346 Page 5 of 5 Zoning Board of Appeals The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Mr. Gingold motioned to approve the proposal with the following conditions: 1. Must pay for landscaping and screening per DAPR 2. Project must be in substantial compliance with the documents and testimony on record. The motion was seconded by Ms. Berns. The motion was approved 6-0. The meeting was adjourned at 8:30 p.m. 307 of 346 P LANNING AND Z ONING D IVISION 847-448-8230 zoning@cityofevanston.org Community Development Department www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202 Evanston, IL 60201 FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on August 18, 2015, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearings, based upon the standards for special uses specified in Section 6-3-5-10 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 6-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 6-0 (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met _____Not Met Vote 6-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 6-0 Case Number: 15ZMJV-0065 Address or Location: 520 Main Street Applicant: Joan Yohanan Proposed Special Use: Ground-floor Financial Institution in the C1a Commercial District and oDM Dempster-Main Overlay District. 308 of 346 P LANNING AND Z ONING D IVISION 847-448-8230 zoning@cityofevanston.org Community Development Department www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202 Evanston, IL 60201 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 6-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 6-0 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 6-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 6-0 (I) It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation. ___X___Met _____Not Met Vote 6-0 and, based upon these findings, and upon a vote __6__ in favor & __0__ against Recommends to the City Council _____ approval without conditions _____ denial of the proposed special use __x__ approval with conditions specifically: 1. Hours of operation: 7 a.m. to 9 p.m. seven days a week. 2. No employee parking on street Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ____ ___X___ Myrna Arevalo __X__ ____ ___X___ Scott Gingold __X__ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Violetta Cullen __X__ ____ _______ Andrew Gallimore _____ ____ ___X___ Mary McAuley __X__ ____ 309 of 346 For City Council meeting of September 21, 2015 Item P2 Ordinance 119-O-15 Application for 70’ building height for a concrete plant enclosure at 2525 Oakton Street 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 Melissa Klotz, Zoning Planner Subject: Ordinance 119-O-15 Granting Zoning Relief for a 70’ Building Height for a Concrete Plant Enclosure for Ozinga RMC, 2525 Oakton Street Date: September 2, 2015 Recommended Action City staff and the Zoning Board of Appeals recommend adoption of Ordinance 119-O-15 granting zoning relief to construct a 70’ high concrete plant enclosure where a maximum height of 60’ is allowed in the I3 General Industrial District for Ozinga RMC at 2525 Oakton Street. The ZBA found the proposal meets all standards for variations. The application complies with all other zoning requirements. This ordinance was introduced at the September 15, 2015 City Council meeting. Summary 2525 Oakton Street is located approximately 1,000’ north of Oakton Street off of a private access drive adjacent to Pooch Park and the North Shore Canal and is surrounded by similar industrial uses. The property is located approximately 500’ from the closest residential area. The property is currently a seasonally operational concrete plant. Since Ozinga acquired the property in 2005, various improvements have been made to the site, including new pavement with water retention pits for dust mitigation, decorative block wall barriers along property lines, upgraded water and electric service, and implementation of newer, environmentally-friendly mixer trucks. The applicant proposes to continue with improvements to the property by constructing a completely enclosed concrete mixing plant enclosure that will allow the plant to operate year-round. The applicant seeks a major variation for a building height of 70’ for the proposed building enclosure where a maximum building height of 60’ or 4 stories, whichever is Memorandum 310 of 346 less, is permitted. The proposed height variation is necessary in order to accommodate the 63’ high concrete plant equipment as well as additional required clearance to the ceiling of the structure. Ozinga RMC currently operates from 6am – 6pm Monday through Friday with half day operations on some Saturdays. With the plant currently operating outdoors, concrete mixing operations shut down for two to four months every winter. The proposed enclosure will allow for year-round concrete mixing, with the added benefit of dust containment and noise abatement. Ozinga RMC employs 25 truck drivers and five plant operators. All truck staging occurs on private property owned and operated by the business. The applicant intends to deconstruct an existing plant enclosure (indicated in the photo below) currently located in Wisconsin and transfer it to the proposed Evanston location. The applicant does not anticipate any increase in traffic during the regular construction season, but expects a small increase in truck traffic during the winter months since the plant will operate year-round. The proposed height variation will not adversely affect the neighboring properties. The property is located in an industrial area with no residential uses within 500 feet. Although the structure is proposed at 70’ in height, the visibility of the building will be minimal from residential properties and public streets. The structure will be more aesthetically pleasing than the existing plant equipment and it will reclaim concrete dust providing environmental benefits. Per a condition of the ZBA, the applicant has agreed to fund additional landscaping (evergreen trees) along the north property line on the Sam’s Club property for additional screening. City staff is not aware of any objections from neighboring property owners. 311 of 346 Comprehensive Plan The Evanston Comprehensive General Plan encourages the expansion of existing local businesses such as Ozinga RMC that encourage and strengthen Evanston’s economic base. The Comprehensive Plan specifically includes: Objective: Promote the growth and redevelopment of business, commercial, and industrial areas. Objective: Retain and attract businesses in order to strengthen Evanston’s economic base. Legislative History August 18, 2015: The ZBA unanimously recommended approval of the requested variation with the following conditions: 1. Must fund additional landscaping along the north property line per DAPR 2. Project must be in substantial compliance with the documents and testimony on record. Attachments Proposed Ordinance 119-O-15 August 18, 2015 ZBA Meeting Minutes ZBA Findings Link to August 18, 2015 ZBA Packet- http://www.cityofevanston.org/assets/ZBA-packet-20150818.pdf 312 of 346 9/2/2015 9/18/2015 119-O-15 AN ORDINANCE Granting A Major Variation Related to 2525 Oakton Street in the I3 General Industrial Zoning District WHEREAS, Richard Slager (the “Applicant”), property manager of the property commonly known as 2525 Oakton Street (the “Subject Property”), located within the I3 General Industrial zoning district and legally described in Exhibit A, attached hereto and incorporated herein by reference, submitted an application seeking approval of a Major Variation to the zoning requirement imposed by Subsection 6-14-4- 7 of Title 6 of the Evanston City Code of 2012, as amended (the “Zoning Ordinance”); and WHEREAS, the Applicant requests the following Major Variation: (A) The Applicant requests a building height of seventy (70) feet where a maximum building height of sixty (60) feet or four (4) stories, whichever is less, is permitted; and WHEREAS, on August 18, 2015, the Zoning Board of Appeals (“ZBA”), pursuant to proper notice, held a public hearing in case no. 15ZMJV-0063 to consider the application, received testimony, and made written records and findings that the application did meet the standards for a Major Variation set forth in Subsection 6-3-8- 12-(E) of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of September 15, 2015, the Planning and Development (“P&D”) Committee of the City Council considered and accepted the 313 of 346 119-O-15 ~2~ ZBA’s recommendation, and recommended City Council approve the Major Variation, as requested; and WHEREAS, at its meetings of September 15, 2015 and September 21, 2015, the City Council considered and adopted the recommendation of the P&D Committee, 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: The City Council hereby adopts the P&D Committee’s records, findings, and recommendations, and hereby approves, pursuant to Subsection 6-3-8-10-(D) of the Zoning Ordinance, the Major Variation on the Subject Property applied for in case no. 15ZMJV-0063 and described hereinabove. SECTION 3: The Major Variation approved hereby is as follows: (A) Approval to allow a building height of seventy (70) feet. Subsection 6-14-4-7 permits a maximum building height of sixty (60) feet or four (4) stories, whichever is less. SECTION 4: Pursuant to Subsection 6-3-8-14 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Major Variation granted hereby, violation of any of which shall constitute grounds for penalties or revocation thereof pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A) Compliance with Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with all applicable legislation, with the testimony and representations of the Applicant to the ZBA, the P&D Committee, and the City Council, and the approved plans and documents on file in this case. 314 of 346 119-O-15 ~3~ (B) Landscaping: The Applicant shall fund landscaping on the adjacent property at 2450 Main Street (“Sam’s Club”) to further screen the block wall at the north end of the Subject Property. SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 6: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 10: The findings and recitals herein are 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. 315 of 346 119-O-15 ~4~ Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 316 of 346 119-O-15 ~5~ EXHIBIT A Legal Description LOT 1 IN ZERA SUBDIVISION NUMBER 1 AND LOT 1 IN ZERA SUBDIVISION THREE OF PARTS OF THE SOUTHWEST ¼ OF SECTION 24 AND THE SOUTHEAST ¼ OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; LOT 2 IN HARTREY-KEENEY CORP. RESUBDIVISION OF PART OF THE NORTH 5 FEET OF LOT A IN OAKTON CONSOLIDATION (IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 6, 1949 AS DOCUMENT NO. 14585303) AND ALL OF LOT 2 IN HESS’ SUBDIVISION (OF PART OF THE NORTH 300 FEET OF THE WEST 2/3 OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 24, TOWNSHIP 41, RANGE 13 EAST OF THE PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 21, 1957 AS DOCUMENT NO. 16831789 AND CERTIFICATE OF CORRECTION RECORDED APRIL 22, 1957 AS DOCUMENT NO. 16883249) ACCORDING TO THE PLAT THEREOF RECEIVED JANUARY 28, 1964 AS DOCUMENT NO. 19032512. LESS AND EXCEPT: THE SOUTHERLY 339.95 FEET AS MEASURED ALONG THE WESTERLY LINE OF LOT 1 IN ZERA SUBDIVISION THREE, OF PARTS OF THE SOUTHWEST ¼ OF SECTION 24 AND THE SOUTHEAST ¼ OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 13, OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. PINS: 10-24-300-023-0000 10-24-300-034-0000 10-24-300-044-0000 Commonly Known As: 2525 Oakton Street, Evanston, Illinois 317 of 346 Page 1 of 5 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, August 18, 2015 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Violetta Cullen, Myrna Arevalo, Mary Beth Berns, Scott Gingold, Mary McAuley Members Absent: Andrew Gallimore Staff Present: Melissa Klotz, Damir Latinovic Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:03 pm. Approval of Minutes The minutes from the July 21, 2015 Zoning Board of Appeals meeting were motioned for approval. Mr. Gingold made the motion and it was seconded by Ms. Berns. The motion was approved 5-0 with one abstaining. New Business 520 Main Street ZBA 15ZMJV-0065 Joan E. Yohanan, lessee, applies for a special use permit for a Financial Institution, First Bank & Trust, at 520 Main Street. 520 Main Street is located in the C1a Commercial Mixed Use District and the oDM Dempster-Main Overlay District, which requires a special use permit for a ground-floor Financial Institution to operate (Zoning Code Section 6-15-17-5). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Chair Rodgers stated that he had voted against this building when it was originally proposed to the Economic Development Committee. He disclosed this information for full transparency, but noted that his past opinions would not influence this case Paul Cogel and Joan Yohanen, lessees, explained the proposal: Larger space Will have private bathrooms instead of shared bathrooms Allows for ATM space Current location (741 Main Street) is temporary Parking located within the building for customers Leased four additional spaces at the 935 Chicago Avenue surface lot 2 employees take public transit (4 employees are scheduled per shift) Approximately 8-10 customers per day (2-3 maximum at one time) Ms. Cullen asked where the customers park at their current location. The applicant responded that most customers walk to the branch, but some park in the City lot by Vogue Fabrics. The applicant continued: Hours of operation will be from 8:30 a.m. to 6 p.m. Monday through Friday and 8 a.m. to 2 p.m. on Saturdays. ATM will be inside, will have swipe card access, will be well-lit 318 of 346 Page 2 of 5 Zoning Board of Appeals The ZBA entered into deliberations. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Ms. Berns motioned for approval of the proposal with the following conditions: 1. Hours of operation: 7 a.m. – 9 p.m., 7 days a week 2. No employee parking on the street. The motion was seconded by Ms. Arevalo. The motion was approved 6-0. 2115 Dewey Avenue ZBA 15ZMJV-0061 Adriano Galvao and Brianna Sylver, contract purchasers, apply for major zoning relief to establish an office use in the MXE Mixed Use Employment District. The applicants request to establish a non-residential use on a property 5,688 square feet in size where a minimum 6,000 square feet of lot size is required for a non-residential use (Zoning Code Section 6-13-4-4-A) and a lot width of 33.5’ where a minimum 35’ lot width is required for a non-residential use (Zoning Code Section 6-13-4-5-A). The Zoning Board of Appeals is the determining body for this case. Ms. Klotz read the case into the record. Mr. Galvao and Ms. Sylver, contract purchasers, explained the proposal: Have been in business for 13 years (4 years in Evanston) Have been looking for a new space for 1.5 years Have 4 employees and 1 intern Want to convert multi-unit residence into an office “Innovation Research and Strategy”. Firm provides market research to bring clarity and focus to Fortune 500 businesses Very minimal foot traffic. They host client workshop about 4 times per year. Have an arrangement for parking at nearby church for those occasions. 4-6 parking spaces for employees on-site, which they might pave depending on drainage. Expect to spend around 150k to renovate the property (plumbing, electric, configuration, security) Property currently hosts 2 occupied residences Might add 2nd story on to the rear of the building in the future and might have zoning and building code issues to address then Ms. Burns inquired about other buildings located nearby. The applicants stated that that the property to the north is being rented by students and the property to the south is owned by the City as an NSP2 property. The applicants went on to explain: Current space measures 1,500 ft2; New space would measure 2,100 ft2 319 of 346 Page 3 of 5 Zoning Board of Appeals Will add maybe 1 employee every other year Hours of operation will be from 8:30 a.m. to 6:30 p.m. at the latest. Might be open occasionally on Saturday. Deliveries will happen once, every other day The ZBA entered into deliberations. Mr. Gingold noted his support for this project. The lot is 300 ft 2 short of compliance. This use would be great for a mixed-use area such as this one. Ms. Berns agreed that this use fits in with the neighborhood well. Ms. Cullen hoped that current residents will receive help relocating elsewhere. Chair Rodgers noted that most properties in this area consist of light commercial uses such as this. There are very few residences on this block. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Mr. Gingold motioned to approve the proposal with the following condition: 1. Project must be in substantial compliance with the documents and testimony on record. The motion was seconded by Ms. Cullen. The motion was approved 6-0. 2525 Oakton Street ZBA 15ZMJV-0063 Richard Slager, property manager, applies for major zoning relief to construct an enclosed concrete plant in the I3 General Industrial District. The applicant requests a building height of 70’ where a maximum building height of 60’ or 4 stories, whichever is less, is permitted (Zoning Code Section 6-14-4-7). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Mr. Slager, property manager, and Lloyd Meyer, president, explained the proposal: There are multiple Ozinga plants in the Chicago area Concrete: gravel, sand, water, cement Concrete must be poured within 90 minutes of mixing Want to make yard more environmentally-friendly. Have already made many improvements including drainage, water reclamation, natural gas trucks, decorative block wall, and landscaping Located within a heavy industrial area Building will contain the dust and diminish noise as trucks load up 70’ height is necessary due to conveyers that move the mix from plant to truck Current maximum height of outdoor equipment is 45’ and also had silos at 55’. There are tall cell towers and a water tower nearby. 320 of 346 Page 4 of 5 Zoning Board of Appeals Ms. Berns asked if all equipment would be located inside. The applicants answered that a spare plant will be located outside in case the indoor one breaks down. Ms. Cullen asked how many trucks will be using the shared drive per hour. The applicants said that there will only be 5-10 trucks per hour, but will only use the drive one at a time. It takes about 5-7 minutes for each truck. Ms. Cullen noted that the drive seems to be very busy with lots of traffic. Mr. Gingold asked if truck traffic is expected to increase. The applicants responded that traffic will not increase based on the new plant, but might depending on the economy. They employ 20-40 truck drivers per year depending on construction demand, which happens to be high right now. They provide well-paying union jobs. Ms. Arevalo inquired whether the plant would ever be open after-hours for special night-pours, etc. The applicants stated that would happen rarely, if ever. The plant near O’Hare is usually designated for that work. The applicants went on to explain: Currently, the plant closes December 1 through March due to weather limitations. The indoor plant will allow for year-round operation. Winter will still be slower, so business will only moderately increase. Ms. Berns asked why they need to build an enclosed plant if they are only expecting a moderate increase in business. The applicants explained that it is mostly for environmental reasons. This will also stop customers from hiring competitors over the winter season. Ms. Berns inquired whether the equipment could be built any lower. The applicants stated that would not be possible. The proposed height is the industry standard and required by regulations. The applicants explained: They will be repurposing a building that is currently in Wisconsin. The building will be deconstructed, moved to Evanston, reconstructed and refurbished to look new. Trucks park on the property overnight when the business is not in operation. They do not park on the private street that accesses the property. Chair Rodgers asked if any other improvements would be made to the property. The applicants stated that they will upgrade the gas and electrical, water management has already been upgraded and no other changes have been proposed. Mr. Gingold asked if the applicants were okay with the DAPR recommendation to beautify the site with landscaping. The applicants expressed complete agreement with the recommendation. They would love to improve the drive as well if North Shore Towing would be willing to work with them. Ms. Arevalo asked if trucks cross Oakton to Orange Crush often, to which the applicants answered, not much at all. The ZBA entered into Deliberations: Mr. Gingold noted that the proposed height is the industry standard and embodies the minimum change necessary. This variation will help a good, local business that employs Evanstonians. Ms. Cullen noted that this is a very busy area. She hopes all businesses on the private drive will work together to address traffic. 321 of 346 Page 5 of 5 Zoning Board of Appeals The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Mr. Gingold motioned to approve the proposal with the following conditions: 1. Must pay for landscaping and screening per DAPR 2. Project must be in substantial compliance with the documents and testimony on record. The motion was seconded by Ms. Berns. The motion was approved 6-0. The meeting was adjourned at 8:30 p.m. 322 of 346 FF II NN DD II NN GG SS FOR STANDARDS OF VV AA RR II AA TT II OO NN SS In the case of After conducting a public hearing on August 18, 2015, the Zoning Board of Appeals makes the following findings of fact, based upon the standards for major variances specified in Section 6-3-8-12 of the City Code: Standard Finding (A) The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties; ___X___Met _____Not Met 6-0 (B) The requested variation is in keeping with the intent of the zoning ordinance; ___X___Met _____Not Met 6-0 (C) The alleged hardship or practical difficulty is peculiar to the property; ___X___Met _____Not Met 6-0 (D) The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out; ___X___Met _____Not Met 6-0 (E) The purpose of the variation is not based exclusively upon a desire to extract additional income from the property; or there is a public benefit; ___X___Met _____Not Met 6-0 Case Number: 15ZMJV-0063 Address or Location: 2525 Oakton Street Applicant: Richard Slager Proposed Zoning Relief: 70’ building height for a concrete plant enclosure for Ozinga RMC, where 60’ or 4 stories, whichever is less, is allowed. 323 of 346 (F) The alleged difficulty or hardship has not been created by any person having an interest in the property; __X___Met _____Not Met 6-0 (G) The requested variation is limited to the minimum change necessary to alleviate the particular hardship or practical difficulty which affects the property; __X___Met _____Not Met 6-0 and, based upon these findings, and upon a vote of __6__ in favor & __0__ against recommends to the City Council __X___ approval with conditions: 1. Must pay for landscaping and screening per DAPR 2. Project must be in substantial compliance with the documents and testimony on record. _____ denial Attending: Vote: Aye No __X__ Violetta Cullen _X__ ____ __X__ Mary Beth Berns _X__ ____ __X__ Beth McLennan _X__ ____ __X__ Matt Rodgers _X__ ____ _____ Andrew Gallimore ____ ____ __X__ Scott Gingold _X__ ____ __X__ Myrna Arevalo _X__ ____ 324 of 346 For City Council meeting of September 21, 2015 Item P3 Ordinance 109-O-15 Amending Licensing Requirements for Firearm Ranges For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 109-O-15, Amending Firearm Range Licensing Requirements Date: September 2, 2015 Recommended Action: Staff recommends adoption of Ordinance 109-O-15 to amend licensing regulations applicable to Firearm Ranges within Title 3 of the City Code to add application requirements, license conditions, insurance requirements, and right of inspection. This ordinance was introduced at the September 15, 2015 City Council meeting. Summary: On June 22, 2015, City Council adopted Ordinance 51-O-15 which amended portions of the zoning ordinance to add a ‘Firearm Range’ use and special use restrictions, amended Title 3 to add licensing of firearm ranges and amended Title 4 to add specific Building Code requirements for firearm ranges. At the June 22nd meeting, the City Council also made a request for staff to evaluate additional issues relative to City regulation of operations at a firearm range, including security, background checks, and insurance. Ordinance 109-O-15 amends the licensing requirements for firearm ranges created by Ordinance 51-O-15 to add additional application requirements including mandating that the applicant create a safety plan, sets minimum qualifications for a license, establishes a “range master” and qualifications for the designated employee, establishes standards of operation imposed on the licensee, sets mandatory minimum insurance limits, and also penalties for non-compliance with City Code regulations. If a firearm range were granted a special use permit to operate in Evanston, the amended regulations set forth in this ordinance will provide regimented standards for the acceptable code of conduct for licensees in Evanston. The regulations are necessary to protect the health and safety of the residents of Evanston. Legislative History: Ordinance 51-O-15 was adopted on June 22, 2015. Attachment: Ordinance 109-O-15 Memorandum 325 of 346 8/28/2015 109-O-15 AN ORDINANCE Amending the Licensing Regulations applicable to Firearm Ranges within Title 3 of the City Code to add Application Requirements, License Conditions, Insurance Requirements, and Right of Inspection SECTION 1. Legislative Statement. Following the enactment of Ordinance 51-O-15 “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”, which established specific regulations for firearm range facilities to address the zoning and placement of the facilities, construction, licensing and operational requirements. Article VII, Section (6)a of the Illinois Constitution of 1970 st ates 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 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 326 of 346 109-O-15 ~2~ 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 firearm ranges 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 amended Title 3, Chapter 32 are devoted to amend the licensing chapter for firearm ranges to add specifics related to application requirements, right of inspection, range master qualifications, liability insurance and penalty provisions for violations of the Code sections, and other regulations established to protect the health, safety and welfare of City residents and visitors. SECTION 2: Title 3, Chapter 32 of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 3-321-1. - 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. 3-321-2. – 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. 327 of 346 109-O-15 ~3~ 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 Building and Inspection Services Division of the Community Development Department. All safety, environmental, security, ventilation and noise pollution concerns must be satisfactorily addressed and meet the approval of the Chief of Police Department, Fire Department, and the Building and Inspection Services Division and the Community Development Department, before an application will be processed. (C) All applications shall be accompanied by a criminal background investigation of all owners, operators, range masters, 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. (D) The applicant shall submit a safety plan to the Building and Inspection Services Division Manager in a form and manner prescribed by the Division. The safety plan shall designate a range master. After review of the proposed safety plan in consultation with the Police Department and Fire Department, and any other appropriate department, the Building and Inspection Services Manager shall either approve or deny the safety plan within 30 days of its submission. During the 30-day review period, the Building and Inspection Services Manager may consult with the applicant to recommend amendments to the proposed plan. If the Building and Inspection Services Manager denies a safety plan, he/she shall state, in writing, the basis for such denial. The Building and Inspection Services Manager shall notify the City Manager of such approval or denial. (E) Every safety plan shall include a site plan and a floor plan of the proposed facility with provisions that address: (i) the installation and maintenance of adequate exterior lighting; (ii) the installation and maintenance of interior and exterior surveillance cameras installed at each building; (iii) the installation of an alarm system; (iv) protocols for the safe display of and storage of firearms and ammunition; and (v) the employment of adequately trained personnel and qualifications of the range masters. The failure to submit an approved safety plan as required by this section shall be grounds to deny an application for a license under this chapter or renewal thereof. (F) Recordings from surveillance cameras required by this section (i) shall be maintained for not less than 30 days and (ii) shall be made available to the Police Department. (G) The safety plan shall outline the responsibilities of a range master. For purposes of this firearm range license a “range master” means the individual charged 328 of 346 109-O-15 ~4~ with the responsibility of ensuring that the range activities adhere to all rules and regulations of the safety plan for the protection of the health and safety of persons at the firearm range. (H) The licensee shall obtain all necessary permits, including a public way use permit if applicable; provided that notwithstanding any other provision of the code to the contrary, no fee for a public way use permit will be imposed when the permit is for any surveillance camera installed pursuant to this subsection solely because the camera or its wiring is in any portion of the public way. (I) Any proposed change to the approved safety plan shall be submitted to the Building and Inspection Services Manager, prior to the implementation of such change. The Building and Inspections Services Manager shall approve or deny the proposed change within 30 days. (J) The licensee shall keep a copy of the approved safety plan at the licensed premises and make it available upon request for inspection by members of the department or the Police Department. (K) No license may be issued or renewed unless the Building and Inspection Services Manager approves the applicant's or licensee's safety plan. (L) Every licensee shall comply with the safety plan, as approved by the Building and Inspection Services Manager. (M) The failure to adequately implement, maintain, or adhere to the provisions of the approved safety plan under this section shall be grounds for suspension or revocation of the license and shall be grounds for the city to recover its costs resulting from such failure under Section 3-32-7, in addition to any appropriate penalties assessed under Section 3-32-17. 3-32-3. – QUALIFICATIONS FOR LICENSES No license shall be issued under this chapter if the applicant, the manager, range master, or any employee: (A) Is under 21 years of age; (B) Has ever been convicted of a felony; (C) Has ever been convicted of a misdemeanor involving a firearm, or any other violation of law concerning the manufacture, use, possession or sale of firearms; (D) Does not possess a valid FOID card; or (E) Has within the previous five years submitted false or misleading information in connection with any application for a license relating to the sale or possession of firearms. 329 of 346 109-O-15 ~5~ 3-32-4. – RANGE MASTER QUALIFICATIONS (A) Every range master shall demonstrate and prove to the City’s satisfaction that they: (1) have completed a course in firearm safety and instruction; (2) are familiar with applicable federal, state and local laws and regulations pertaining to firearms; (3) have experience in range operations and management; and (4) are proficient in firearm utilization and instruction. (B) A range master is responsible: (1) for the operation and maintenance of the firearm range; (2) to inspect all firearms and ammunition for safe functions and operation; (3) to ensure all firearms and ammunition at the firearm range facility are stored in compliance with all applicable laws and rules and regulations; and (4) to ensure that no firearms or ammunition which cannot be safely discharged in the firearm range due to the range's design and construction are not discharged in the firearm range. 3-32-5. – STANDARDS OF OPERATION (A) No firearm shall be discharged in the firearm range if the type of firearm or caliber of ammunition is not suitable or safe for use at the firearm range. The discharge of firearms shall only be permitted in the practice area of the firearm range. The range master shall inspect all firearms and ammunition, whether supplied by the licensee or brought by a firearm range patron to the firearm range facility, to determine whether the firearm and ammunition are safe and in good operating condition and are of a caliber appropriate for the design of the practice area. (B) No person under the age of 18 shall be permitted in the firearm range facility. The licensee shall require every firearm range patron to provide a driver's license or other government-issued identification showing the person's name, date of birth, and photograph. (C) No person, other than the range master, licensee, manager or employee shall be permitted beyond the firing line, as defined in Section 4-4-2, Appendix A of the Building Code; provided that this provision does not apply to any independent contractor hired to clean or maintain the firearm range facility. All doors, gates and entrances between the firing points and backstop shall be securely locked at any time that a person is engaged in shooting on the range. (D) No person shall be permitted to enter or remain at the firearm range facility if he or she appears to the range master to be under the influence of alcohol, narcotics, or 330 of 346 109-O-15 ~6~ controlled substances, or if he or she is engaging in conduct which the range master reasonably deems to pose a hazard to himself or herself or others. (E) The licensee shall not permit any person, including a firearm range patron, to possess or discharge a firearm at the firearm range, if the person does not have a valid FOID card or valid Concealed Carry License (CCL), if required to do so. (F) No other weapons, other than firearms, shall be discharged in the firearm range. (G) Protective eye wear and hearing protection shall be provided to every range master, manager, employee and firearm range patron while such person is located in the firearm range. The protective eye wear and hearing protection must be worn at all times when a person in the firearm range is discharging a firearm. (H) A manager must be in charge of the firearm range facility at all times other than those times when an individual licensee is in charge. (I) Every firearm range facility shall be in compliance with the applicable building, environmental and fire code requirements, including any rule or regulations promulgated thereunder. 3-32-6. INSURANCE The licensee shall obtain and keep current at all times throughout the duration of the license period, liability insurance for the operation of the premises described in such application or license in the aggregate amount of Three Million Dollars ($3,000,000), issued by an insurer authorized to insure in Illinois. The insurance policy required by this section shall be for a term of at least twelve (12) months, and shall be co-extensive with the first twelve (12) months of the applicable license period. Thereafter, the licensee shall continue to maintain such insurance policy in full force and effect for the duration of the two-year license period. The licensee shall keep proof of the required insurance at the firearm range facility at all times and, upon demand, shall produce such proof for inspection by an authorized city official. Each policy of insurance required under this section shall include a provision requiring thirty (30) days' advance notice to the Building and Inspection Services Division prior to termination or lapse of the policy. Failure to comply with this section shall be grounds for the suspension or revocation of the license for a single offense in accordance with the requirements of Section 3-32-5 of this Code. 3-321-37. – 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 331 of 346 109-O-15 ~7~ 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. 3-321-48. – 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 3-32-610. 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. 3-321-59. – CONTENTS AND SERVICE OF NOTICES (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. 3-321-6 10. – 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 3-32-59. If within ten (10) days of the notice, the licensee does not request a hearing in writing, the license shall be revoked. 332 of 346 109-O-15 ~8~ 3-321-711. – FEES AND INSPECTION Fees for a Firearm Range License under this Chapter shall be two hundred dollars ($200.00) per lane per year. Fees for commercial inspection of the premises shall be one hundred dollars ($100.00) per firearm range and assessed for each separate inspection. Every firearm range facility shall be open at all reasonable times for inspection by the City. 3-321-812. – 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. 3-321-913. – 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. 3-321-1014. – LOCATION 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, in any zoning district as measured from lot line to lot line. 3-321-1115. – HOURS OF OPERATION Permitted hours of operation for a firearms range are: 10:00 a.m. to 7:00 p.m. daily. 3-321-1216. – 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. 3-32-17. – PENALTY 333 of 346 109-O-15 ~9~ (A) Except where otherwise specifically provided, any person violating any of the provisions of this chapter, or any rule or regulation promulgated thereunder, shall be fined $2,500 for each offense. A separate and distinct offense shall be held to have been committed each day any person continues to violate any of the provisions hereof. (B) Every act or omission constituting a violation of this chapter by any officer, director, manager, employee or agent of the licensee shall be deemed to be the act or omission of such licensee and such licensee shall be liable for all penalties and sanctions provided by this Article in the same manner as if such act or omission had been done or omitted by the licensee personally. 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 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 5: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 6: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor 334 of 346 109-O-15 ~10~ Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 335 of 346 For City Council meeting of September 21, 2015 Item SP1 Next Steps for Harley-Clarke Property For Discussion To: Honorable Mayor and Members of the City Council From: Wally Bobkiewicz, City Manager Johanna Leonard, Acting Deputy City Manager Subject: Recommendations to Determine Next Steps for the Harley Clarke Property Date: September 10, 2015 Recommended Action: Staff recommends that City Council: 1) direct the City Manager to prepare a draft Request for Proposals (RFP) in accordance with further direction on the future utilization of the Harley Clarke property (“the property”); 2) return to the City Council with this draft RFP on October 19, 2015 for further discussion; and 3) set a date(s) for the open house prior to the return to City Council. Summary: Staff is seeking direction from City Council on the development of an RFP to create a plan for the property. In order to prepare a draft RFP document, staff seeks direction from City Council on the following items: 1. What portion of the property should be included in the RFP document? Buildings only (mansion and coach house) or portions of surrounding land? 2. Should the specific property identified in question 1 be sold or long-term leased? What is an acceptable range for a long-term lease period? 3. Does the City wish to make a requirement that the owner/leaser/user of the property be a for-profit user or not-for-profit user? If so, are there any additional stipulations on the user of the property? 4. What to do with coach house in the short-term (address mold, peeling paint, etc.)? Once the responses to these questions have been addressed, staff can develop a draft RFP. Staff can return to City Council at the October 19, 2015 City Council meeting with a draft RFP for review and discussion. In advance of the October 19, 2015 meeting, an open house can be convened at the Harley Clarke property for interested parties to visit the space. Staff proposes offering the following two dates for open houses in order to best accommodate people wishing to visit the property: Saturday, October 10 at 9:00a- 10:30a (Northwestern University football has an away game that day) or Thursday, October 15 at 2:00p-3:30p. Memorandum 336 of 346 Background: The City’s former tenant, the Evanston Art Center, moved from the property to its new home at 1717 Central Street in May 2015. Staff is currently managing and monitoring the property; electricity, gas, and water services all currently function at the property. Pictures of the interior of the property taken on Thursday, August 27, 2015 and Friday, September 11, 2015 can be viewed on the City’s Harley-Clarke webpage. The coach house is comprised of two apartment units, a greenhouse, and a garage. The residential units have been vacant for more than 10 years, the garage has been used for storage, and the greenhouse is not currently in use. Staff has toured the coach house and has observed mold, significant peeling paint, and potentially other substances (further testing will be required to determine if any are hazardous) present in the apartment units and greenhouses. Based on staff’s inspection, it does not appear that the presence of mold is due to water damage (there was no observable interior damage), but rather due to seasonal humidity and trapping of moisture in the individual units. According to Facilities staff, the building was tested for lead over a decade ago and was found to be lead-free. At the June 8, 2015 City Council meeting, the Harley Clark Citizens’ Committee presented its findings from a multi-month exploration and discussion on the future of the Harley Clarke mansion. At that meeting, Committee Chair Steve Hagerty highlighted that there was no consensus on what to do with the property that could be derived from the Committee’s process, but provided an overview of the options considered and discussed at the Committee. These options included: • City retain the property and renovate for public use; • City demolish the building and redevelop the site as park land; • City sell the building and land, and allow it to be renovated for a commercial use, such as a hotel or event space; • City sell the building and land and allow the site to redeveloped under residential zoning; and • City sell or gift the building to an organization (PNP/Foundation) that would renovate and preserve it for public cultural and/or educational use. The report and other information on the Committee can be found here. There has been interest by individuals to view the property since the June 8, 2015 meeting. Some have expressed simple curiosity in viewing the inside of the property; others have interest in evaluating the feasibility of establishing business enterprises and not-for-profit ventures at the property. None of these parties have been granted permission to access the property; staff has explained to each of these entities that City Council is in the process of determining next steps and that no authority/direction has been provided to show the property. Staff recommends offering open house opportunities to accommodate interest in viewing the property. Information on research regarding dune restoration and historic home rehabilitation is attached to this memorandum. Attachments: 337 of 346 Summary of Research on Dune Restoration Summary of Research on Historic Home Rehabilitation Map of Property 338 of 346 To: Wally Bobkiewicz, City Manager From: Johanna Leonard, Acting Deputy City Manager Subject: Summary of Information on Dune Restoration Funding Resources Date: September 10, 2015 Summary: At the June 22, 2015 City Council meeting, Alderman Judy Fiske asked the City Manager to research information on opportunities to obtain grant funding for dune restoration for the property in the event the house is demolished at some future date. Staff identified a number of grant opportunities, including several that have potential to support dune restoration. Dune Restoration: Staff reviewed both state and federal agencies as well as private foundations that have program areas that the City and partners could potential seek funding from if dune restoration was necessary. Agencies and Foundations included: • Grand Victoria Foundation. From the GVF website: “We invest our resources to strengthen early education opportunities for young children, protect natural lands and waterways, and promote economic vitality through robust employment development.” Funding is available to registered public charities that engage in projects that “promote public policies, instituting high quality stewardship and conservation practices, and aligning resources and actions to maximize land and water health and resilience.” Letters of inquiry for grant programs are due the first Fridays in May and October. Projects that have been funded include restoration of wetlands and prairies, acquisition of land for conservation, organizational and operational support, and training activities. More information can be found at the Grand Victoria Foundation’s website. • Gaylord and Dorothy Donnelly Foundation. From the Foundation’s website, “We offer general operating and project-specific grants that lead to landscape-scale land preservation and stewardship. We support efforts throughout the Chicago region with a current focus on five priority landscapes: Calumet, Forest Preserves of Cook County, Grand Kankakee, Hackmatack National Wildlife Refuge and Midewin National Tallgrass Prairie. According to the Foundation’s website, several grant recipients over the past few years have had work associated with coastal management and dune restoration. Recipients have included the Dunes Learning Center, Save the Dunes Conservation Fund, and the Alliance for Great Lakes. Memorandum 339 of 346 • The Great Lakes Restoration Initiative awards approximately $13.9 million under a Request for Applications for projects each year that further the goals of the Great Lakes Restoration Initiative. The initiative is a partnership of federal, tribal, state, and local partners. Each year a series of categories are identified and applicants can apply if they meet that year’s initiatives. The 2015 categories identified are 1) Invasive Species Prevention; 2) Invasive Species Control; 3) Urban Watershed Management Implementation; 4) Agricultural Watershed Management Implementation; and 5) Maumee River Watershed Nutrient Prevention Pilot Program. Each year the categories are different, past grant categories have included items such as reducing exposure to toxic substances from fish consumption, Lake Erie Cooperative Science and Monitoring Initiative. Funding for these projects is through the U.S. EPA, U.S. Fish & Wildlife, and US Forest Service. • Sustain Our Great Lakes (SOGL). According to SOGL’s website, “The mission of Sustain Our Great Lakes (SOGL) is to sustain, restore and protect fish, wildlife and habitat in the Great Lakes basin by leveraging funding, building conservation capacity, and focusing partners and resources toward key ecological issues. Administered by the National Fish and Wildlife Foundation, the program receives funding and other support from ArcelorMittal, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, U.S.D.A. Forest Service, National Oceanic and Atmospheric Administration, and U.S.D.A. Natural Resources Conservation Service. A significant portion of program funding is provided by the Great Lakes Restoration Initiative (GLRI), a federal program designed to protect, restore and enhance the Great Lakes ecosystem. The program achieves its mission, in part, by awarding competitive grants for on-the-ground habitat restoration. Funding priority is given to projects that restore aquatic connectivity, stream and riparian habitat, wetland habitat, and coastal habitat. Sustain Our Great Lakes offers funding annually, and grant awards range from $25,000 to $1.5 million. Eligible recipients include non-profit organizations, state, tribal and local governments, and educational institutions.” 340 of 346 To: Wally Bobkiewicz, City Manager From: Mark Muenzer, Community Development Director Carlos Ruiz, Senior Planner/Preservation Coordinator Johanna Leonard, Acting Deputy City Manager Subject: Summary of Information on Historic Preservation Date: September 10, 2015 Summary: Staff has compiled information on historic property preservation to be used in the ongoing discussions regarding the future of the Harley-Clarke property. This inventory was developed for discussion purposes, depending on the composition of the project (ownership, property use, scope of work, etc.) different incentives may not be eligible for utilization. Federal Historic Preservation Tax Credits. The federal tax credits reduce the amount of federal tax owed by owners whose buildings have been rehabilitated to meet certain criteria. Federal Rehabilitation Investment Tax Credits (ITC) are applied to an owner’s federal taxes owed or to future tax liabilities. The credit typically is worth a percentage of the cost of the renovation. The Passive Activity Limitations, the Alternative Minimum Tax, and the At-Risk Rules all affect the amount of credit an individual can claim in one year. Eligible owners may be individuals or businesses and must pay federal income taxes. Approximately $9,000 is the maximum credit any one individual can claim in any one year. Larger credit amounts, however, can be divided up and carried to other years. Property Tax Assessment Freeze Program. Rehabilitating your older home is rewarding in many ways, and with the Property Tax Assessment Freeze homeowners may be eligible for a financial incentive that can make the work even more attractive. The program can freeze the assessed value of historic owner-occupied, principal residences for a period of 8 years, followed by a four-year period during which the property’s assessed value steps up to an amount based upon its current market value. This results in 12 years of reduced property taxes. This program is administered free of charge as a benefit to Illinois property owners interested in rehabilitating their historic homes. 20% Rehabilitation Tax Credit for Historic Buildings. This incentive reduces the building owners’ federal income taxes by 20% of the project’s budget. Program only for income-producing depreciable property, properties rehabilitated for commercial, agricultural, industrial, rental residential. Owner-occupied housing is not eligible and the Memorandum 341 of 346 building must be a certified historic structure. Administered by the Illinois Historic Preservation Agency, National Park Service, and Internal Revenue Service (IRS). 10% Rehabilitation Tax Credit for Non-Historic Commercial Buildings Built Before 1936. This program reduces the building owners’ federal income taxes by 10% of the project’s budget. Ownership receives a credit of 10% of the amount spent to rehab a ‘non-historic’ building built before 1936. Buildings that are not listed on the National Register are eligible. Income-producing residential (i.e., apartments) and owner- occupied housing are not eligible. Owner must spend more than $5,000 or the Adjusted Basis (explained at the end of this document), whichever is larger, during a 24-month period. This program is administered by IRS; does not involve review by IHPA. 50% Disabled Access Tax Credit. This program reduces the building owners’ federal income taxes by 50% of the amount spent making a business handicap accessible, to a maximum of $5,000 of credit per year. Administered by the IRS. Syndication of the Federal Tax Credits. Syndication involves the transference of the tax credits to a corporate investor in exchange for additional equity capital that can help finance the project. There are many large corporate entities that can syndicate federal tax credits. One such entity is the for-profit arm of the National Trust for Historic Preservation: the National Trust Community Investment Corporation (NTCIC), which makes equity investments in real estate projects that qualify for federal historic tax credits and when available, state historic tax credits and New Markets Tax Credits. Cook County Class L Incentive Program. Administered by Cook County Assessor’s Office. This incentive provides a reduced property tax assessment ratio to a locally designated industrial or commercial property that has undergone a rehabilitation whose budget is at least 50% of the building’s market value. Preservation Easements. Administered by various entities. In Illinois, Landmarks Illinois is a non-profit preservation advocacy organization that accepts preservation easements. A preservation easement is a voluntary legal agreement between a property owner and a preservation organization to preserve and protect all open-air sides of a historic structure. Under current tax laws, an easement donation may qualify as a charitable contribution, with federal income-tax benefits, based on the value of the easement, as determined by a qualified appraiser Preservation Heritage Fund Grants. This grant program is administered by the Landmarks Illinois. This grant and loan program provides monetary assistance to preserve or protect significant structures or sites in the state of Illinois that are under threat of demolition, imminent deterioration, or are of such architectural importance that their preservation will benefit the public and Illinois community. The Architectural and Transportation Barrier Removal Deduction. Administered by the IRS. See also Chapter 11 in Publication 535, Business Expenses. This is the same program as the 50% Disabled Access Tax Credit. This is a deduction (not a credit) of up to $15,000 per year of the costs of making a facility or public transportation vehicle more accessible to, and usable by persons who are disabled or elderly by removing barriers. 342 of 346 Public Museum Grants Program. Administered by the Illinois Department of Natural Resources, Illinois State Museum. This program is designed to assist museums in expanding and upgrading facilities and creating new exhibits to enhance the ability of public museums to meet their missions. Matching Grants from the National Trust for Historic Preservation Administered by the National Trust for Historic Preservation. The National Trust has a variety of matching grant programs for non-capital projects, including the Preservation Services Fund, which provides funding to non-profit, public agencies, or educational institutions for consultant services, educational programs, or conferences. Donnelley Preservation Fund for Illinois: Provides non-profit organizations and public agencies matching grants from $500 to $5,000 (typically from $3,000 to $5,000) for preservation planning and education efforts. Funds may be used to obtain professional expertise in areas such as architecture, archeology, engineering, preservation planning, land-use planning, fund raising, organizational development and law as well as preservation education activities to educate the public, owners, and business owners. Many organizations have found that these funds provided the crucial boost to get a project off the ground and attract other potential contributors to the project. There is one grant round per year on February 1, with an additional round on June 1 and October 1, depending on the availability of funding. The Preservation Fund application is available online. Hart Family Fund for Small Towns: Assists small town preservation and revitalization initiatives around the country, with a focus on towns with populations of 5,000 or less. The Fund provides nonprofit organizations and public agencies matching grants from $5,000 to $10,000 for preservation planning and education efforts. Funds may be used to obtain professional expertise in areas such as architecture, archeology, engineering, preservation planning, land-use planning, fund raising, organizational development and law as well as preservation education activities. The Hart Family Fund uses the Preservation Fund application form, which is available for download from the National Trust website. Johanna Favrot Fund for Historic Preservation: Provides non-profit organizations and public agencies matching grants ranging from $2,500 to $10,000 for projects that contribute to the preservation or the recapture of an authentic sense of place. Individuals and for-profit businesses may apply only if the project for which funding is requested involves a National Historic Landmark. Funds may be used for professional advice, conferences, workshops and education programs. Cynthia Woods Mitchell Fund for Historic Interiors: Provides nonprofit organizations and public agencies matching grants ranging from $2,500 to $10,000 to assist in the preservation, restoration, and interpretation of historic interiors. Individuals and for-profit businesses may apply only if the project for which funding is requested involves a National Historic Landmark. Funds may be used for professional expertise, print and video communications materials, and education programs. 343 of 346 Jeffris Heartland Fund: Established by the Jeffris Family Foundation to support the development of important historic preservation projects in the states of Iowa, Illinois, Indiana, Michigan, Minnesota, Missouri, and Ohio. The fund makes grants in the range of $5,000 to $50,000 for Historic Structure Reports and other advanced planning studies. Funds must be matched dollar-for-dollar with cash from sources unrelated to the National Trust and the Jeffris Family Foundation. Established 501(c)(3) non-profit organizations or government agencies in partnership with a 501(c)(3) organization are eligible to apply. Applicants must be able to demonstrate the viability of their project through the submittal of early planning studies, and must be ready for the preparation of a Historic Structure Report, or other advanced planning studies, leading toward a community-centered capital fund drive. Projects in communities with more than 150,000 in population are NOT eligible to apply. Priority will be given to projects located outside of metropolitan areas. Illinois Clean Energy Community Foundation. The ICECF has a variety of grants for public and non-profit organizations to make energy efficiency upgrades to their properties. There are also grants for new construction and major renovation. 344 of 346 Coach House Harley ClarkeMansion Fog HousesLighthouseKeeper's Home PROPERTY LEASED TOLIGHTHOUSE PARK DISTRICT Central Street Milburn ParkSher idan Road Taxpayer: EXEMPT -LIGHT HOUSE PARK DIS~2.39 acres Taxpayer: EXEMPT -CITY OF EVANSTON~3.18 acres Taxpayer: EXEMPT -CITY OF EVANSTON~1.06 acres 0 50 100 Feet ´Harley Clarke Mansion Tax Parcel HarleyClarkeMansionMap.mxd - 9/15/2015 - 2013 aerial photographyThis map is provided "as is" without warranties of any kind.See www.cityofevanston.org/mapdisclaimers.html for more information.345 of 346 For City Council meeting of September 21, 2015 Item SP2 Emerson/Ridge/Green Bay Project Street Lights Update For Discussion To: Honorable Mayor and Members of the City Council From: Martin Lyons, Chief Financial Officer/Treasurer/Assistant City Manager Sat Nagar, P.E., City Engineer Rajeev Dahal, Senior Project Manager Subject: Emerson/Ridge/Green Bay Project Street Lights Update Date: September 17, 2015 Recommended Action: Staff will provide an update on the street lights for the Emerson/Ridge/Green Bay Improvement Project. As part of the project the existing street lights need to be relocated because of the sidewalk widening and intersection reconfiguration. The staff will present street light options for discussion including pedestrian lighting. Memorandum 346 of 346