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HomeMy WebLinkAbout08-116 • Resolution No. 08-116 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH RANDY W. TRULL FOR GOLF COURSE CONSTRUCTION MANAGEMENT (Phase II-The Highlands of Elgin) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Randy W. Trull for golf course construction management on Phase II of the Highlands of Elgin Golf Course,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: May 14, 2008 Adopted: May 14, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this ilk day of PII\ , Wafter 2008, by o as and between the CITY OF ELGIN, an Illinois municipal corporation (her "CITY") and Randy W. Trull, an individual, (hereinafter referred to as "Construction Manager"). WHEREAS, the CITY desires to engage the Construction Manager to furnish certain professional services in connection with planning and construction of Phase II of The Highlands Golf Club (hereinafter referred to as the PROJECT). AND WHEREAS, the Construction Manager represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the Construction Manager that the CITY does hereby retain the Construction Manager for and in consideration of the mutual promises and covenants contained herein,the sufficiency of matters involved in the PROJECT,ECT csubjectdto represent it in the following ltermstandocondit management s and stipulations, to-wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Fiscal Services Director of the CITY, herein after referred to as the"DIRECTOR". B. The Construction Manager shall provide golf construction management services for the Project as described in the Construction Manager's "Proposal for Service" dated March 18, 2008. The Construction Manager shall, during the term of service, provide advisory and consulting services, as requested by The City, regarding matters related to development of l The Highlands Golf Club owned and operated by the City of Elgin, Illinois. In the event of any conflict,the terms of this form agreement shall control. I!. PROGRESS REPORTS A. The Construction Manager will submit to the Director, upon request, Status Reports keyed to the Project Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. Highlands Phase II Agreement I III, WORK PRODUCTS All work products prepared by the Construction Manager pursuant hereto including, but not limited too, reports, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the Construction Manager may retain copies of such work products for its records. Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the Construction Manager. IV. PAYMENTS TO THE CONSTRUCTION MANAGER A. For services provided by the Construction Manager the City shall pay the Construction Manager a total fee not to exceed$52,000 regardless of actual time expended or actual costs incurred by the Construction Manager. The City shall pay the Construction Manager such fee in monthly installments in the amount of$6,500 per month through the term of this Agreement. B. The City also shall reimburse the Construction Manager for out-of-pocket expenses incurred during the term of service with the total reimbursement for out-of-pocket expenses not to exceed the total amount of $28,000 regardless of the actual costs or expenses incurred by the Construction Manager. The City shall reimburse the Construction Manager for such out- of-pocket expenses monthly for the term of this agreement with the monthly payments for such out-of-pocket expenses not to exceed$3,500 per month." V. INVOICES A. the CITY.Construction reports, as requested ested invoices in a(I C above) will be approved with all payment requests. B. The Construction Manager shall devote a reasonable amount of time to the project. The Construction Manager shall maintain records reflecting actual costs incurred. The Construction Manager shall provide upon request and permit the authorized representative of the CITY to inspect and audit all data and records of the Construction Manager for work done under this Agreement. The Construction Manager shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. Highlands Phase II Agreement 2 VI. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon thirty (30) days prior written notice to the Construction Manager. In the event that this Agreement is so terminated, the Construction Manager shall be paid for services performed prior to termination, except such nor the Task Amounts set forth ntthe Construction Managers proposal letters. VII. TERM This Agreement shall become effective as of the date the Construction Manager is given notice to proceed and, unless terminated for cause pursuant to Article VI above shall continue through November 30, 2008. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. VIII. NOTICE OF CLAIM If the Construction Manager wishes to make a claim for additional compensation as a result of action taken by the CITY, the Construction Manager shall give written notice of his claim within thirty (30) days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the Construction Manager's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the Construction Manager. Regardless of the decision of the DIRECTOR relative to a claim submitted by the Construction Manager, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. IX. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. X. INDEMNIFICATION To the fullest extent permitted by law, Construction Manager agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the Construction Manager in connection Highlands Phase II Agreement 3 herewith, including negligence or omissions of employees or agents of the Construction Manager arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's chooston and/or termination this agreement.hall survive any expiration, completion XI, NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any to attempted r provision execution this Agreement or because of their execution, approval this Agreement. XII. INSURANCE A. Comprehensive Liability. The Construction Manager shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least$1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The Construction Manager shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the Construction Manager under Article X entitled "Indemnification" shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorate, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than$500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance combined for singlgeneral m t of $1 000,000 auto per exposures occurrrence be subject to a $1,000,000 aggregate. Highlands Phase II Agreement 4 D. Professional Liability. The Construction Manager shall carry Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. XIII. CONSTRUCTION S METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The Construction Manager shall not have control over or charge of and shall not be responsible for construction means, methods,techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. XIV. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation,termination or suspension, in whole or in part, of the Agreement by the CITY. XV. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. XVI. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the Construction Manager shall remain liable to the CITY with respect to each and every item, Highlands Phase II Agreement 5 condition and other provision hereof to the same extent that the Construction Manager would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. XVII. NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. XVIII. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. XIX. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. XX. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. XXI. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. Highlands Phase II Agreement 6 XXII. NEWS RELEASES The Construction Manager may not issue any news releases without prior approval from the DIRECTOR, nor will the Construction Manager make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. XXIII. COOPERATION WITH OTHER CONSULTANTS The Construction Manager shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING The Construction Manager certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. Or any similar state or federal statute regarding bid rigging. XXV. SEXUAL HARASSMENT As a condition of this contract, the Construction Manager shall have written sexual harassment policies that include, 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 vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. XXVI. WRITTEN COMMUNICATIONS All recommendations and other communications by the Construction Manager to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the Construction Manager be made or confirmed in writing. Highlands Phase 11 Agreement 7 )0(VII. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: James Nowicki City of Elgin Fiscal Services Director 150 Dexter Court Elgin, Illinois 60120-5555 B. As to Construction Manager: Randy W. Trull 10503 La Costa Drive Austin, TX 78747 XXVIII. COMPLIANCE WITH LAWS. Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the Construction Manager shall comply with all applicable Federal, State, City and other requirements of law, including,but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, the Construction Manager hereby certifies, represents and warrants to the City that all Construction Manager's employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legal residents of the United States. Construction Manager shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful providing of the services to be provided for in this Agreement by the Consultant Manager. The City shall have the right to audit any records in the possession or control of the Construction Manager to determine Construction Manager's compliance with the provisions of this section. In the event the City proceeds with such an audit the Construction Manager shall make available to the City the Construction Manager's relevant records at no cost to the City. Highlands Phase II Agreement 8 IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN By By%...0 - City Clerk City v - a•-rte Date: Date: (SEAL) For the Construction Manager: Dated this J day of /J: r , A.D., 2008 By ndividual— Randy Trull - Sole Proprietor (SEAL) Highlands Phase II Agreement 9 *aft RANDY W. TRULL GoliProject Management March 18,2008 Mr. Jim Nowicki Finance Director City of Elgin,IL 150 Dexter Court Elgin,Illinois 60120-5570 Re: The Highlands Golf Club—Phase II Proposal for Golf Construction Management Services Dear Mr.Nowicki, As you know, I served as the City's Golf Construction Manager during construction of Phase I of The Highlands Golf Club and, more recently as the City's Golf Development Consultant throughout planning and development Bowes Creek Country Club.In those capacities I have often been called upon for advice,consultation and recommendations regarding pending development of Phase II of The Highlands Golf Course. Based on my intimate knowledge of the site,I worked closely with Mike Lehman in the interview and selection process of both the golf course designer, Art Schaupeter and the civil engineering fine,Bonestroo Engineers. After that,during the preliminary design and planning phase,I have had a great many conversations with Mr. Schaupeter in which he sought my opinion regarding specific construction challenges posed by the site.Mr. Schaupeter and Mr.Lehman have provided me with a constant stream of information regarding the project which affords me with a very solid understanding of the objectives of the City,as well as the significant challenges presented by this very unique site. Based on this understanding,I am pleased to present this proposal to provide Golf Construction Management Services for Phase II of The Highlands Golf Club in Elgin, Illinois. 10503 La Costa Dr.*Austin,TX 78747.512-292-1289•Fax 512-292-4239•Mobile 512-964-1418•E-Mail ruarull @aol.com Mr. Jim Nowicki Highlands Golf Club Phase II Construction Management March 18,2008 Page Two Scope of Services - Proposed services would include all services,duties and responsibilities typically associated with a project of this nature including, but not limited to the following: Phase 1: Planning/Preconstruction Development of an operational plan clearly leading to City's objectives. • Determine needs in terms of other professionals which may be necessary to form a complete project team. Investigate the performance capability, competence and background of each professional. Offer recommendations to City regarding selection, and assist with negotiation of fees, terms and conditions of agreements with each. • Coordination & management of efforts of project team members to assure development of a complete operational plan. Assimilate and analyze materials prepared by project team members to identify oversights, omission and/ or inconsistencies within the construction program, plans & bid package. Analyze Construction Documents to confirm comprehension, clarity and accuracy of specifications & requirements relative to construction materials, systems & methods. • Work with course designer,project engineer and others to assure the construction program and specifications comply with all conditions of permits!approvals. • Investigate&assess the benefit value and viability of bid/construction alternates suggested by contractors, material manufacturers and suppliers. • Analyze and review all bids. Make recommendations to Owner! Client regarding selection of general construction contractors. Assist with negotiation of fees, terms and conditions of agreements with selected contractors to assure conformity with the approved concept,program,budget and schedule. • Revise the Construction Cost Schedule (based upon the Pricing Schedules within the Construction Contract). The schedule is a check and balance tool to detect oversights&significant discrepancies between projected/actual costs. Mr.Jim Nowicki Highlands Golf Club Phase II Construction Management March 18,2008 Page Three Phase II: Construction • Develop and initiate procedures by which the City, architect, consultants and contractors monitor and coordinate project schedules and costs. • Conduct regularly scheduled meetings with participating parties; prepare and distribute to all parties involved task assignments to assure coordination of activities and settlement of any issues which may impede orderly progress of the work. • Update monthly construction schedules to assure compatibility with overall project schedule. Make suggestions and recommendations to project team members in order to maintain compliance with overall schedule. • Monitor the project cash flow budget, incorporating all change orders approved to date. • Communicate with project architects, consultants and contractors to identify possible cost reduction! enhancement opportunities; advise and make recommendations on such matters to the City. • Advise and assist the City in management & handling of unavoidable revisions due to errors, omissions, site conditions, architectural adjustment and/or schedule delays. • Conduct a minimum of two on-site inspections (typically 1-3 days/visit) each month to monitor quality of workmanship, progress and compliance with Contract Agreements. • lnspect/Iblonitor installation of all systems (irrigation, drainage,electrical, etc.) to confirm proper installation. • Confirm completion and/or delivery of all work and materials for which payment is requested; review and approve each Request for Payment prior to release of funds. • Meet regularly with City's Project Director and/or committee to report status of project,discuss issues and assure satisfaction. • Document activity of project participants to protect the City from any possible future legal disputes. . 11 101_I NO•Fax 512-292-4239•Mobile 512-964-1413•E-Mail rwtrull@aol.com Mr.Jim Nowicki Highlands Golf Club Phase 11 Construction Management March 18,2008 Page Four • Advise and assist the City to obtain satisfactory performance of all project participants. Ensure compliance with the terms and conditions of contracts, including all approved changes and revisions. • Participate in preparation of Contractors punch lists upon substantial completion of the work. Confirm satisfactory completion of all work prior to final payment or release of retainage funds withheld. Phase Ill: Course Maturation/Completion • Conduct meetings throughout the maturation process to facilitate communication between the City, architect, course maintenance superintendent, landscape contractors and other parties involved in grow-in and final preparation of the course. • Conduct a minimum of two site visits per month to inspect progress and identify issues to be addressed. • Confirm proper function of all systems installed during the construction process; monitor execution of all warranty and punch-listed work to ensure satisfactory completion prior to release of retainage funds. • Assist the City with post-project audit,if necessary or desired by Owner. Project Schedule - The Project Schedule (dated Dec. 18,2007) prepared by the Golf Course Designer, Art Schaupeter, reflects the following: • Feb.22,2008 Bids due from contractors. • Mar.26,2008 City Council to approve golf course contractor contract. • Apr.01,2008 Golf Course construction to commence. • Oct. 31,2008 Golf Course construction completion date. • 2009 Grow-in Period. • Spring 2010 Golf Course open for play. Mr. Jim Nowicki Highlands Golf Club Phase II Construction Management March 18,2008 Page Five The proposed term of service is from April 01, 2008 through December 01,2008 ...a period of eight(8)months. III. Fee Schedule - The proposed monthly fee for services listed above is: Six Thousand Five Hundred Dollars($6,500.00)per month. Based on the current schedule, the total cost of services would be: Fifty Two Thousand Dollars($52,000.00),plus travel expenses. Additionally,I am willing to"cap"travel expenses at a"not-to-exceed"maximum of $3,500 per month.Again, based on an eight month schedule,the maximum allowable cost of expenses is Twenty Eight Thousand Dollars($28,000).T will bear the cost of any additional expenses exceeding the allowance for expenses. Based on the current schedule, the maximum potential cost of services from April 01, 2008 through December 01,2008 is Eighty Thousand Dollars($80,000) adjusted downward for actual cost of expenses. IV. Terms - It is proposed the Terms and Form of Agreement would be similar if not exactly the same as previous service agreements with the City.I fully understand the requirements of the City with regard to agreements and contracts for service. I view this as simply an extension of our previous agreement for service.Therefore all the terms and conditions of previous agreements will be respected. Upon written approval of this proposal I will prepare an agreement utilizing the Form of Agreement used in the past. Thank you for your consideration.I look forward to the opportunity to be of service. Please contact me with any questions regarding this proposal. Resp_,_ectfully yours, /.7( /e7 , Randy Trull Golf Project Manager E t!! L ' 0 . • 10 G N � April 18, 2008 � �M d� N TO: Mayor and Members of the City Council FINANCIALLY STABLE CITY GOVERNMENT EFFICIENT SERVICES, AND QUALITY INFRASTRUCTURE FROM: Olufemi Folarin, City Manager James R. Nowicki, Fiscal Services Director SUBJECT: Highlands of Elgin—Phase II Construction Management PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to award a contract for golf course construction management on Phase II of the Highlands of Elgin Golf Course. RECOMMENDATION, It is recommended that the City Council approve a contract for golf course construction management with Randy W. Trull in the amount not to exceed $80,000. BACKGROUND Randy W. Trull provided golf course construction management services for Phase I of the Highlands of Elgin Golf Course as well as Bowes Creek Country Club. Mr. Trull has over 20 years experience in golf course construction management and has been involved with the development of 40 premium-quality golf courses throughout the United States. Oversight and management of golf course construction is a highly specialized and technical discipline. Mr. Trull would provide assistance and advice to the City in organizing, coordinating and managing the project's construction program. Duties would be comprehensive in nature and would include: • Planning and developing an overall project construction program. • Assisting in bidding/bid documents/contractor selection and negotiations. • Monitoring, inspecting, oversight and coordination activities of the project team as well as on-site construction progress. • Monitoring construction budget and time schedule and assisting with compliance enforcement of schedules and contract terms. Highlands of Elgin—Phase II Construction Management April 18, 2008 Page 2 • Inspecting and verifying that all work is satisfactorily completed. • Identifying potential cost savings and/or oversights/omissions. • Advising and assisting during grow-in, planning/pre-opening and construction. • Confirming satisfactory completion of all work prior to final payment. • Assisting with post-project audit. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Highlands of Elgin Project Leadership Team. FINANCIAL IMPACT The contract for golf course construction management with Randy W. Trull will be for a not-to- exceed total of $80,000. There are sufficient funds budgeted ($482,910) and available ($111,465) in the Riverboat Fund, account number 275-000-791.92-36 project number 509637, to pay for this contract. The overall budget for the project is $6.315 million. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to enter into a contract with Mr. Trull for golf course construction management. 2. The City Council may choose not to enter into a contract with Mr. Trull for golf course construction management. Respectfully submitted for Council consideration. JRN/mlm