HomeMy WebLinkAboutRESOLUTIONS-2014-040-R-145/27/2014
40-R-14
A RESOLUTION
Authorizing the City Manager to Execute an Amendment to the
Professional Services Agreement for performance of the Evanston
Main Street Transit Oriented Development Study and Plan
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The City Manager is hereby authorized and directed to
execute a Second Amendment to the Professional Services Agreement ("Amendment")
by and between the City and Parsons Brinckerhoff for the performance of the Evanston
Main Street Transit Oriented Development Study and Plan, attached hereto as Exhibit
1" and incorporated herein by reference is the Amendment.
SECTION 2: The City Manager is hereby authorized and directed to
negotiate any additional conditions of the Amendment as he may determine to be in the
best interests of the City.
SECTION 3: This Resolution 40-R-14 shall be in full force and effect
from and after its passage and approval in the manner provided by law.
Eli "eth B. Tisdahl, Mayor
Attest:
Rddney Gree , City Clerk
Adopted: Ju�(i-Q, , 2014
40-R-14
EXHIBIT 1
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
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SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND AMENDMENT to the PROFESSIONAL SERVICES
AGREEMENT (this "Second Amendment") is made as of the day of 12014,
by and between PARSONS BRINKERHOFF (hereinafter referred to as "Consultant") and
THE CITY OF EVANSTON, an Illinois municipal corporation (hereinafter referred to as
"City"). The Consultant and City shall be referred to collectively as the "Parties".
WITNESSETH
WHEREAS, the City and Consultant entered into that certain Professional Services
Agreement dated February 25, 2013 (the "Agreement") (the terms and conditions of which are
incorporated herein as Exhibit "A") for Consultant to perform certain services for a project
entitled Evanston Main Street Transit Oriented Development Study and Plan (the "Project") after
Consulant was awarded the contract pursuant to RFP 12-179; and
WHEREAS, Consultant agreed to complete the services that are outlined in the
Agreement on or before October 1, 2013, however was not able to complete performance under
terms of the Agreement; and
WHEREAS, the Parties executed a First Amendment to the Agreement on December 12,
2013, to extend the performance date of the Agreement to March 31, 2014; and
WHEREAS, Consultant and City desire to modify certain terms of the Agreement with
respect to the Completion Date, subject to the terms, covenants and conditions of this First
Amendment.
NOW THEREFORE, in consideration of the mutual observance of the covenants,
conditions and promises set forth below and in consideration of the sale of the Real Estate, of
TEN DOLLARS ($10.00) and for additional consideration, the receipt and sufficiency of which
are hereby mutually acknowledged, the parties agree as follows:
A. AGREEMENT IN FULL FORCE AND EFFECT; DEFINITIONS
The Parties acknowledge and agree that this Second Amendment shall supercede, control
and be deemed to modify the terms of the Agreement and the First Amendment. In the event of
any conflict between the terms and conditions of this Second Amendment and the terms of the
Agreement or First Amendment, the Parties unconditionally agree that the terms and conditions
of this Second Amendment shall supercede, prevail and dictate. Any tern or condition of the
Agreement not addressed within this Second Amendment shall remain in full force and effect.
The above -referenced recitals are incorporated herein.
B. COMPLETION DATE
Paragraph I1 language entitled "Completion Date" shall be redacted in full and replaced
by the following language:
Consultant shall complete the Services by June 30, 2014. This Agreement does not
provide for a renewal of the Completion Date.
III. COUNTERPARTS
This Second Amendment may be executed in several counterparts, each of which shall be
deemed an original, and all of which shall constitute but one and the same instrument. For
purposes of this Second Amendment, facsimile and scanned signatures shall be considered the
same as original signatures and shall be treated as valid and binding upon the parties hereto,
provided, however, the parties shall exchange original signature pages as reasonably promptly
following execution hereof.
IN WITNESS WHEREOF, the Parties have caused this Second Amendment to be fully
executed the last date written below.
PARSONS BRINCKERHOFF CITY OF EVANSTON,
an Illinois municipal corporation
By: By:
Print Name: Print Name: Wally Bobkiewicz
Its: Its: City Manager
Dated: , 2014 Dated: .2014
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EXHIBIT A
PROFESSIONAL SERVICES AGREEMENT
CITY OF EVANSTON
PROFESSIONAL SERVICES AGREEMENT
The parties referenced herein desire to enter into an agreement for professional
services for
Evanston Main Street Transit Oriented Development Study and Plan
(`the Projects
THIS AGREEMENT (hereinafter referred to as the "Agreement") entered into this
25th day of February. 2013, 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 Parsons BrinckerhoTf, with offices located at
230 West Monroe Street, Suite 900, Chicago, 1L 60606 (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 $125,000.
1. COMMENCEMENT DATE
Consultant shall commence the Services on February 25, 2013 or no later than
three (3) DAYS AFTER City executes and delivers this Agreement to Consultant.
Il. COMPLETION DATE
Consultant shall complete the Services by October 1. 2013. If this Agreement (C.
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.
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Ill. PAYMENTS
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 Consultant's Scope of Work as Revised —
Main Street Station Transit Oriented Development (TOD) Plan; (Exhibit B) (1)
Cost and Price Analysis - Professional Services Contracts/4400 Form; (2) PB
Fee Schedule; (Exhibit C) Proposal for Evanston Main Street Station Transit
Oriented Development Plan, As Submitted to City of Evanston, November 1,
2012; and (Exhibit D): the City's Request for ProposaUQualificabons No. # 12- .
179.
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
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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 .Consultantwarrants and states that it has
read the Contract Documents, and agrees to be bound thereby, including all
performance guarantees, as respects Consultant's work and all indemnity and
insurance requirements.
The Consultant shall obtain .prior approval from the City prior to
subcontracting with any entity or person to perform any of the work required
under this' Agreement. If the Consultant subcontracts any of the services to be
performed under this Agreement, the subconsultant agreement shall provide that
the services to be performed under any such agreement shall not be sublet, sold,
transferred, assigned or otherwise disposed of to another entity or person without
the City's prior written consent. The Consultant shall be responsible for the.
accuracy and quality of any subconsultarifs work.
All subconsultant agreements shall include verbatim or by reference the
provisions in this Agreement binding upon Consultant as to all Services provided 1
by this Agreement, such that it is binding upon each and every subconsultant that
does work or provides Services under this Agreement.
The Consultant shall cooperate fully with the City, other City contractors,
other municipalities and local government officials, public utility companies, and
others, as may be directed by the City. This shall include attendance at meetings,
discussions and hearings as requested by the City. This cooperation shall extend
to any investigation, hearings or meetings convened or instituted by OSHA
relative to this Project, as necessary: Consultant shall cooperate with the City in
scheduling and performing, its Work to avoid conflict, delay in or interference with
the work of others, if any, at the Project.
Except as otherwise provided herein, the nature and scope of Services
specified in this Agreement may only be modified by a writing approved by both
parties. This Agreement. may be modified or amended from time to time
provided, however, that no such amendment or modification shall be effective
unless reduced to writing and duly authorized and signed by the authorized
representatives of the parties.
B. Representation and Warranties. Consultant represents and warrants
that: (1) Consultant possesses and will keep in force all required licenses to
perform the Services, (2) the employees of Consultant performing the Services
are fully qualified, licensed as required, and skilled to perform the Services.
C. Termination. City may, at any time, with or without cause, terminate- this
Agreement upon seven (7) days written notice to Consultant. If the City
terminates this agreement, the City will make payment to Consultant for Services -
performed prior to termination. Payments made by the City pursuant to this
Agreement are subject to sufficient appropriations made by the City of Evanston
City. Council.. _ In. the event, of termination resulting from. -non-appropriation or -
insufficient appropriation by the City Council, the City's obligations hereunder
shall cease and there shall be no penalty or further payment. required. In the
event of an emergency or threat to the life, safety or welfare of the citizens of the
City, the City shall have the right terminate this Agreement without prior written
notice. Within thirty (30) days of termination of this Agreement, the Consultant
shall turn over to the City any documents, drafts, and materials, including but not
limited to, outstanding work product, data, studies, test results, source
documents, AutoCad Version 2007; PDF, ArtView, Word, Excel spreadsheets,
technical specifications and calculations, and any other such items specifically
identified by the City related to the Services herein.
D. Independent Consultant.. Consultants status shall be that of an
independent Consultant and not that of a servant, agent, or employee of City.
Consultant shall riot hold Consultant out, nor claim to.be acting, as a servant,
agent or employee of City. Consultant is not authorized to, and shall not, make
or undertake any agreement, understanding, waiver or representation on behalf
of City. Consultant shall at its own expense comply with all applicable workers
compensation, unemployment insurance, employer's liability, tax withholding,
minimum wage and hour, and other federal, state, county and municipal laws,
ordinances, rules, regulations and orders. Consultant agrees to abide by the
Occupational Safety & Health Act of 1970 (OSHA), and as the same may be
amended from time to time, applicable state and municipal safety and health
laws and all regulations pursuant thereto..
-E. -Conflict of lnterest.--CbfisUltant 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
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Agreement, use or reuse all or any part of such reports and other documents,.
including working pages, without the prior written approval of City, provided,
however, that Consultant may retain copies of the same for Consultant's own
general reference.
G. Payment. Invoices for payment shall. be submitted by Consultant to City
at the address set forth above; together with. reasonable supporting
documentation, City may require such additional supporting documentation as
City reasonably deems necessary or desirable. Payment shall be made in
accordance with the Illinois Local Government Prompt Payment Act, after City's
receipt of an invoice and all such supporting documentation.
H. Right to Audit. Consultant shall for a period of three years following
performance of the Services, keep and make available for the inspection,
examination and audit by City or City's authorized employees, agents or
representatives, at all reasonable time, all records respecting the services and
expenses incurred by Consultant, including without limitation, all book, accounts,
memoranda, receipts, ledgers, canceled checks, and any other documents
indicating, documenting, verifying or substantiating the cost and appropriateness
of any and all expenses.. If any Invoice submitted by Consultant is found to have
been .overstated, Consultant shall provide City an immediate refund .of the
overpayment togethev 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.
1. 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- attomey's- fees,judgments or settlements, iesuliing from or
arising out of any negligent or willful act or omission on the part of the Consultant
or Consultant's subcontractors; employees, agents or subcontractors during the
performance of this Agreement. Such indemnification shall not be limited by
reason of the enumeration of any insurance coverage herein provided. This
provision shall survive completion, expiration, or termination. of this Agreement.
Nothing contained herein shall be construed as prohibiting the City, or its
officers, agents, or employees, from defending through the selection and use'of
.their own. agents, attorneys, and experts, any claims, actions or suits brought
against them. The Consultant shall 'be liable for the costs, fees, and expenses
incurred in the defense of any such claims, actions; or suits. Nothing herein shall
be construed as a limitation or waiver of defenses ' available to the City and
employees and agents, including but - not limited to the Illinois Local
Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-
101 et seq.
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At the City Corporation Counsel's option, Consultant must defend all suits
brought upon all such Losses and must pay all costs and expenses incidental to
them, but the City has the right, at its option, to participate, at its own cost, in the
defense of any suit, without relieving Consultant of any of its obligations'under
this Agreement. Any settlement -of any claim or suit related to this Agreement by
Consultant must be made only with the prior written consent of the City
Corporation Counsel, if the settlement requires any action on -the part of the City.
To the extent permissible by law, Consultant waives any limits to the
amount of its obligations to indemnify, defend, or contribute to any sums due
under any Losses, including any claim by any employee of Consultant that may
be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or
any other related law or judicial decision, including but not limited to, Koteckr v.
Cyclops Welding Corporation, 146 III.2d 155 (1991). The City, however, does not
waive any limitations it may have on its liability under the Illinois Workers
Compensation Act, the Illinois Pension Code or any other statute.
Consultant shall be responsible for any losses and costs to repair or
remedy work performed under this Agreement resulting from or arising out of any
act or omission, neglect, or misconduct in the performance of its Work or its
subConsultants' work. Acceptance of the work by the City will not relieve the
Consultant of the responsibility. for subsequent correction of any such error,
omissions and/or negligent acts or of its liability for loss or damage resulting
therefrom. All provisions of this Section shall survive completion, expiration, or
termination of this Agreement.
J. insurance. Consultant shall carry and maintain at its own cost with such
companies as are reasonably acceptable to City all necessary liability insurance
(which shall include as a minimum the requirements set forth below) during the
-term-of this Agreement,- for damages-icaused- or contributed ta-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 employees. liability insurance in the
amount of at least $500,000, (2) comprehensive general liability coverage, and.
designating City as additional insured for not less than $3,000,000 combined
single limit for bodily injury, death and property damage, per occurrence., (3)
comprehensive automobile liability insurance covering owned, non -owned and
leased vehicles for not less than $1,000,000 combined single limit for bodily
injury, death or property damage, per occurrence, and (4) errors and omissions
or professional liability insurance respecting any insurable professional services
hereunder in the amount of at least $1,000,000. Consultant shall give to the City
certificates of insurance for all Services done pursuant to this Agreement before
Consultant performs any Services, and, if requested by City, certified copies of
the policies of insurance evidencing the coverage and amounts set forth in this
Section. The City may also require Consultant to provide copies of the Additional
Insured Endorsement to said policy(ies) which name the City as an Additional
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insured for all of Consultant's Services and work under this Agreement. Any j
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 1
the event Consultant fails to purchase or procure insurance as required above, '
the parties expressly agree that Consultant shall be in default under this -
Agreement, and that the City may recover all losses, attorney's fees and costs. }
expended in pursuing. a remedy or reimbursement, at law or in equity, against
Consultant.
Consultant acknowledges and agrees that if it fails to comply with all
requirements of this Section, that the City may void this Agreement.
K. Confidentiality:. In connection with this Agreement, City may provide
Consultant with information to enable Consultant to render the Services
hereunder, or Consultant may develop confidential information for City.
Consultant agrees (i) to treat, and to obligate Consultant's employees to treat, as
secret and confidential all such information whether or not identified by City as
confidential, (ii) not to -disclose any such information or- make available any
reports, recommendations and /or conclusions which Consultant may make for
City to any person, firm or corporation or use the same in any manner
whatsoever without first obtaining City's written approval, and (iii) not to. disclose
-to City any information- obtained by Consultant on -a confidential basis from any
third party unless Consultant shall have first received written permission from
such third party to disclose such information.
Pursuant to the Illinois Freedom of Information Act, 51LCS 940/7(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
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City with an opinion or a directive from the Illinois Public Access Counselor or the
Attorney General under POIA, or with a decision or order of Court with jurisdiction
over the City, shall not be.a violation of this Section.
L. Use --of City's Name or Picture of Property. Consultant shall,not-in the
course of performance of this Agreement or thereafter use or permit the use of
City's name nor the name of any affiliate of City, nor any picture of or reference
to its Services in any advertising, promotional or other materials prepared by or
on behalf of Consultant, nor disclose or transmit the same to any other party. ►.
M. No Assignments or Subcontracts. ' Consultant shall not assign or
subcontract all or any part or its rights or obligations hereunder without City's
express prior written approval. Any attempt to do' so without the City's prior
consent shall, at City's option, be null and void and of no force or effect
whatsoever. Consultant shall not employ, contract with, or use the services of
any other architect, interior designer, engineer, consultant, special contractor, or
other third party in connection with the performance of the Services without the
prior written consent of City.
N. Compliance with Applicable Statues, Ordinances and Regulations. In
performing the Services, Consultant shall comply with all applicable federal,
state, county, and municipal statues; ordinances and regulations, at Consultant's
sole cost and expense, except to the extent expressly provided to the contrary
herein. Whenever the City deems it reasonably necessary for security reasons,
the City may conduct at its own expense, criminal and driver history background
checks of Consultant's officers, employees, subcontractors, or agents.
Consultant shall immediately reassign any such individual who in the opinion of
the City does not pass the background check.
O. . Liens and Encumbrances. Consultant, for itself, and on behalf of all
subcontractors, suppliers, materialmen and others claiming by, through or under
Consultant. hereby waives and releases any and all statutory or common law
mechanics' materialmens' or other such lien claims, or rights to place a lien upon
City property or any improvements thereon in connection with any Services
performed under. or in connection with this Agreement. Consultant further
agrees, as and to the extent of payment made hereunder, to execute a sworn
affidavit respecting the payment and lien releases of all subcontractors, suppliers
and materialmen, and a release of lien respecting the Services at such time or
times and in such form as may be reasonably requested by City. Consultant
shall protect City, from all bens 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.
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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 shali-recover from the Consultant as part of the judgment
against Consultant, its attomeys' fees and costs incurred in each and every such
action, suit or other proceeding.
R. Waiver, Any failure or delay by City to enforce the provisions of this
Agreement shall in no way constitute a -waiver by City of any contractual right
hereunder, unless such waiver is in writing and signed by City.
S. Severability. 'in -the event that any provision of this Agreement should be
held void, or unenforceable, the remaining portions hereof shall remain in full
force and effect.
T. Choice of Law. The rights and duties arising under this Agreement shall
be governed by the laws of the State of Illinois. Venue for any action arising out
or due to this Agreement shall be in Cook County, Illinois. The City shall not
enter into binding arbitration to resolve any dispute under this Agreement. The
City does not waive tort immunity by entering into this Agreement:
U. Time. Consultant agrees all time limits provided in this Agreement and -
any Addenda or Exhibits hereto are of essence to this Agreement. Consultant
shall continue to perform its obligations while any dispute concerning the
Agreement is being resolved, unless otherwise directed by the City.
V. Survival. Except as expressly provided to -the contrary herein, all
provisions of this Agreement shall survive all performances hereunder including
the termination of the Consultant.
Vl. 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 ageor 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 underutilizabon. Consultant
shall comply with all requirements of City of Evanston Code Section 1-12-5.
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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 i
status, national origin, ancestry, or disability.
Vii. SEXUAL HARASSMENT POLICY
The Consultant certifies pursuant to the Illinois Human Rights Act (775 ILCS 5/2- i
105 et seg.), that it has a written sexual harassment policy that includes, at a !
minimum; the following information:
A. The illegality of sexual harassment;
B. The definition of sexual harassment under State law;
C. A description of sexual harassment utilizing examples;
D. The Consultant's internal complaint process including penalties;
E. Legal recourse, investigation and complaint process available through the
Illinois Department of Human Rights and the Human Rights Commission, and
directions on how to contact both; and _
F. Protection against retaliation as provided to the Department of Human Rights.
VIII. CONSULTANT CERTIFICATIONS
A. Consultant acknowledges and agrees that should Consultant or its
subconsultant provide false information, or fail to be or remain in compliance with
the Agreement, the City may void this Agreement.
B. Consultant certifies that it and its employees will comply with applicable
provisions of the U.S. Civil Rights Act, .Section 504 of the Federal Rehabilitation
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Act, the Americans with Disabilities Act (42 U.S.C. Section 1201 et seq.) and
applicable rules in performance under this Agreement.
C. If Consultant, or any officer, director, partner, or other managerial agent of
Consultant, has. been . convicted of a felony under the Sarbanes-Oxley Act of
2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953,
Consultant certifies at least five years have passed since the date of the
conviction.
D. Consultant certifies that it has not been convicted of the offense of bid
rigging or bid rotating or any similar offense of any State in the U.S., nor made
any admission of guilt of such conduct that is a matter of record. (720 ILCS 5133
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'tinder 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 profereritem shall not apply.
In the event of any inconsistency between this Agreement, and any Exhibits, this
Agreement shall control over the Exhibits. In no event shall any proposal or
11
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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 r'Ey✓�'�'�' f / G� By:. fwAz t
Its: Sl4• �% %� Its:
5FEIN Number: 11-1s.31 SG - / Date:
Date: D A
Apprdved as to form:
W. Grant Farrar
Corporation Counsel
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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 i
("Consultant") sets forth the Commencement and Completion Date,
Services, Fees, and Reimbursable Expenses as follows:
1. COMMENCEMENT DATE: February 25, 2013
II. COMPLETION DATE: October 1.2013
. i
Ill. FEES: $125.000
IV. SERVICES/SCOPE OF WORK:
As defined in RFP/Q # 12-179 (Exhibit B) and Consultants Response to Proposal
i
(Exhibit D)
Dated: November 1, 2012 �.
as awarded on
February 25, 2013
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Exhibit A
EVANSTON MAIN STREET STATION TOD PLAN 2111115
Scope of Work
Upon authorization to proceed, Parsons Brinckerhoff will immediately move ahead with the up -front
coordination and tasks associated with specific project needs. Parsons Brinckerhoffs scope of work for
this study is described below:
Task 1.0 — Project Initiation
An on -going task throughout this assignment is study management. The Parsons Brinckerhoff Team will
be led by Tom Coleman, who has over 20 years experience in transportation planning. Parsons-
Brinckerhoff will develop and submit a draft Project Management Plan (PMP) at the kick-off meeting that
will be used to guide the performance of the Parsons Brinckerfioff Team's activities throughout the fife of.
this project This plan is also a tool by wNch'Evanston can monitor the Parson Brinckerhoff Team's
performance during the course of this assignment. The PMP communicates to all members of the project.
team, the performance requirements. and other• information pertinent to project*execution. The basic
elements of the PMP include a project definition, scope of work, list of deliverables, assigned roles and
responsibilities, baseline schedule with milestones for deliverables, budget, project control system, and
contract administration. The PMP will reference the contractual scope of work and negotiated resource .
allocation. A proposed project schedule is included in Attachment A.
We propose having biweekly progress coordination by phone and monthly meetings in -person with the
Evanston project manager to review the status of all tasks and schedule, including the discussion of
issues, technical work, and public involvement coordination.
The foundation of our Quality Assurance/Quality Control (QA/QC) approach is our commitment to the
appropriate level. of independent checking that is required by the nature of the specific project or.
assignment. Parsons Brinckerhoffs Project Manager, Tom Coleman; and Rich Juvinall, our .QA/QC
reviewer, are all located in Parsons Brinckerhoffs Chicago office and will be responsible for ensuring the
QA/QC Plan for this contract is implemented. We anticipate most of the quality procedures for this project
will be accepted directly with little or no change from our standard reference procedures, which are
available for your review. Our quality system has earned ISO 9001 quality certification, ensuring a
systematic application of our quality program so that our work products will meet your expectations within
budget and schedule constraints. Tom will assign every task to an experienced staff member and their
work progress will be thoroughly checked by. Tom and Rich Juvinall reviewer prior to submittal to the
Evanston project manager.
The Parsons Brinckerhoff accounting system provides weekly hourly billings,, financial, and progress
information to aid in maintaining budget control. Client invoices and progress reports will be prepared
every four weeks. The progress report will document the major achievements of the past four weeks,
describe the activities anticipated for the next four weeks, provide an updated -percent complete for the
project, and detail any schedule modifications. A preliminary schedule for the project, based on months
from the 'notice to proceed, is included in this proposal. When the Parsons Brinckerhoff team is selected
to perform this work, this schedule can be refined during contract negotiations and will be modified as
needed during the life of the project.
Parsons Brinckerhoff also proposes to use its intemet--based collaboration tool, ProjectSolve2, which
allows project teams to communicate, share documents, coordinate, and make sure that everyone is "in
the loop'. Parsons Brinckerhoff will use ProjectSolve2 for all internal document control and many project
coordination activities, and will offer it to Evanston free of charge for this project. This would enable
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EVANSTON MAIN STREET STATION TOD PLAN 211.1/15
secure (password -controlled) access to key documents during the course of task order work, enabling
better communication, coordination, and progress review. Parsons Brinckerhoff will furnish the
ProjectSolve2 management tool at no cost to Evanston. Our Team will also provide training on the use of
the site the project kick-off meeting.
Kick-off Meefing: Parsons Brinkerhoff Team's project manager, Tom Coleman, and key project team
staff, will meet with Evanston project manager and staff to finalize the work plan, schedule, and study
area boundaries, and to identify relevant issues/concerns. This "kick-off" meeting is designed to facilitate
discussion and agreement on key milestones, meetings, schedules, procedures, communications
protocols, and points of contacts and responsibilities. The kick-off meeting will address the following
topics:
• Scope of Services and Deliverables
• Project approach, task sequencing, and project budget and schedules
• Organization, staffing levels, and responsibilities
• Quality -related Review Procedures
• Coordination with CTA, Metra, RTA, UPRR and other project stakeholders, public outreach,
technical, and administrative activities
• City requirements — invoicing procedures/forms, etc.
Following the Kick-off meeting, Tom Coleman will prepare a Project Work Plan for submittal to the
Evanston PM. This plan will include:
• Tasks and activities to be completed
• Project schedule with milestones and corresponding dates for deliverables
• Data collection and management plan
• Any additional key information outlining what activities remain to accomplish the work plan
A Steering Committee will be established by City staff consisting of representatives from City staff,
neighborhood group representatives, residents and business owners. Our subconsultant, Active
Transportation Alliance (ATA), already has established working relationships with the Evanston
Pedestrian Safety Committee on pedestrian and bicycle safety issues ,in the study area. The Steering
Committee will meet monthly as shown in Attachment A. to provide study. input, and to discuss
recommendations and public outreach activities_ The Parsons Brinkerhoff Team will develop initial
project goals and objectives for the first meeting of the Steering Committee.
A Technical Advisory Committee (TAC) will be established by City staff with assistance from Parsons
Brinkerhoff consisting of representatives from RTA, CTA, Metra, UPRR and City staff. The TAC will meet
three times as shown in Attachment A. to provide study input, and to discuss recommendations and
public outreach activities. The Parsons Brinckerhoff Team will review existing conditions, agency data
collection and preliminary station concepts for the first TAC meeting.
Deliverables:
• Finalized work plan and schedule, kick-off and project management meeting summaries
• Steering Committee agendas, PowerPoint files, and meeting summaries
• Technical Advisory Committee agendas, PowerPoint files, and meeting summaries
• Project Quality Control Plan
Task 2.0 — Public Involvement and Coordination
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EVANSTON MAIN STREET STATION TOD PLAN 2111115
Part of the appeal of TOD as planning and implementation strategy is that it offers multiple points of entry.
Stakeholders have diverse reasons for pursuing TOD including growth management and quality of life,
ridership and revenue, community investment and equity, and housing affordability and employment.
The Parsons Brinckerhoff Teamhas the knowledge- and experience in transportation/transit
communications, outreach, and working with public agencies and stakeholders in the region to assist
Evanston with all the above areas as- identified in the RFP. Parsons- Brinckerhoff will work closely with our
local subcontractors, Ross Barney Architects, Valerie S. Kretchmer Associates and Active Transportation
Alliance to structure the public engagement plan. Our Project Team firms and staff have recent
experience working with City staff, local stakeholders and community members on projects in Evanston.
Early public involvement from a broad group of stakeholders and decision -makers will set the stage for
continued public dialogue throughout the process. We will advise the City on the assembly of a project
stakeholder committee that is both representative of the interest of the community and agencies invested'
in TOD development, while balancing the group size to avoid becoming unwieldy and ineffective. Parsons
Brinckerhoff has successfully worked with CMAP, RTA, Metra, IDOT, UPRR and other agencies on
transportation projects in the Chicago region. Potential stakeholder involvement techniques that would be
used include:
Stakeholder Interviews/Focus Groups - The Parsons Brinkerhoff Team will meet with key stakeholders
and community groups to discuss study issues, concerns, potential solutions, and options not. favored.
Potential stakeholders would include City Engineer, property owners and developers who have a
contractual interest in the study area. These stakeholder interviews (up to 20) would be conducted
through personal interviews or focus groups early in the study. We have found personal interviews to be
very effective in obtaining this information, which would typically not come out in a public meeting format.
We would also recommend reaching out to stakeholders prior to key milestones in the study in order to
better understand stakeholder perspectives and to help clarify the study process and technical findings.
The Parsons Brinckerhoff Team will work with City staff to organize and facilitate up to twenty (20)
individual stakeholder interviews (in person and by phone), two (2) different focus groups for multiple
stakeholders. This approach will also help project prepare for a successful developer summit in Task 8.0.
Pigect Website — The Parsons Brinkerhoff Team realizes that for public citizens to participate in a study
of any kind takes time and energy. Our team will develop and maintain the project website for those
persons that are unable to participate "in person," as well as for those persons that simply want more
information or want to become more involved.
The website will include study information, illustrations of station concept plans, frequently asked
questions and answers, what's new, how to get involved, and links to related sites. The website is an
effective means to reach otherwise unavailable persons, distribute information to a large population with
little expense and minimal effort, attract new persons to the process, and allow for public feedback using
links to Evanston's 311, Facebook and Twitter site. An image preference survey will be available on the
project website using an online survey tool.
Visualization Techniques — The ability to effectively show the public and decision -makers how a planned
public transportation improvement will Took when it is completed is a critical element In today's public and
agency participation process. It is often difficult to envision how a planned transportation improvement,
such as station area plan, will fit into a community or which alternative is a better fit. This difficulty can
make the development of a transportation project frustrating for both the transportation professional and
the community. The Parson Brinckerhoff Team will develop 3 sets of illustrative plans (.plan, elevation and
3D perspective) of the station area development concepts for display on boards at public
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EVANSTON MAIN STREET STATION TOD PLAN 2/11/15
workshops/meetings and on the project website. An image preference survey will also be developed. for
use in public meetings using display boards and on the project website.
Public Meetings: It is anticipated that three (3) public meetings will be conducted during the study --one
meeting at the beginning. of the study to proyide aj;,tudy overview and to help establish study goals and
objectives, evaluation criteria and to present and seek input on potential transportation improvement
options, a second meeting near the middle of project to allow the public to review and comment on the
draft Future Land Use Plan, concept station area plans and TOD plan and one meeting near the end of
the study to present the recommended Preferred Concept Plan, Implementation Plan, receive feedback,
and describe next steps to implement the vision for the study area.
The Parsons Brinckerhoff Team will work with City staff and Steering Committee to schedule, organize
and facilitate the three public meetings. Our Team will prepare public meeting invitations, newspaper
advertisements; prepare meeting exhibits, PowerPoint presentation, project FAQ sheet and comment
forms and submit to City staff for review and comment. Technical Advisory Committee meetings (3) would
occur prior to the public meetings.
Social Media: In the age of increasing media awareness, our team will make use of -the sociai media and
the Cl y's 311 communication tools and other media outlets to receive and share information with the
general public. Links to these sites will also be placed on the project website. Parsons Brinkerhoff
successfully promoted the use of the City's newly introduced 311 systems for the Evanston Yellow Line
Station Engineering Study in 2011.
Deliverables:
• Pubiid involvement Plan with social media plan, public meeting invitations, notices, exhibits,
handouts, comment forms, and draft comment summaries and responses
• Up to twenty 20 individual stakeholder interviews by phone and in person for at least 5
stakeholders with City staff.
• Three (3) public meetings at start, middle and end of the project schedule
• Two (2) focus group meetings prior to first public meeting with stakeholders
• Public Involvement Report prepared at conclusion of the study documenting the public
involvement.process, communications and public comments.
Project web site
Task 3.0 — Data Collection and.Existing Conditions
The Parsons Brinkerhoff Team will compile relevant project information on the project and study area in
a technical memorandum report. This will include review of previous studies and data, as well as filling in
the gaps and updating information where applicable. Parsons Btinckerhoff will collect the relevant current
data and, where available, future data on demographic, -land use, socioeconomic, environmental data,
transit service, traffic (pedestrian, vehicular, and bicycle), parking; and ridership data, right-of-way, utility,
and other conditions in the study area. Parsons Brinkerhoff previously used Evanston's GIS files for
Evanston Yellow Line Station Engineering Study and will also assemble applicable project data and field
surveys in GIS compatible files. The findings from the data collection and existing conditions analysis will
be documented in a memorandum that will include maps and graphics that can be used throughout the
study and future project phases. Updated GiS files will be delivered on CD with the final deliverables at
the project end.
Transit and CMAP Data: Transit services currently operating in the study area include Metra commuter
rail, CTA rapid transit service and fixed route CTA bus service on Chicago Avenue. The following CTA
bus routes serve the CTA and Meta Main Street Station:
• CTA Route #201 Central/Ridge
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CTA Route #205 Chicago/Golf
Ridership, schedule and vehicle requirements information for these routes would be collected, along with
any plans for service changes/rerouting. Other relevant data will also be assembled, including population
and employment forecasts from the Chicago Metropolitan.,, Agency. for Planning.. (CMAP). Parsons
Brinkerhoff is currently working with CMAP •to make improvements to Regional Transit Model. This
project has identified eleven areas of targeted improvements in the CMAP model specifically related to
transit representation and modeling, including capacity and crowding effects on ridership and system
performance and can be used to help make the case for TOD study. Knowing the data, programs, and
products of CMAP allows our team to provide a unique and efficient means of understanding transit.
Improvements and TOD impacts in the Chicago metro area. Ridership potential due to proposed and
future development in the study area would be examined in Task 6.2.
Land UselZoning Analysis The Parsons Brinkerhoff Team will review the City s Zoning Ordinance,
Comprehensive Plan and conduct a detailed land use and zoning analysis for the study area. This
subtask will analyze on how the land use can support or will need to change to support future TOD wlthin
the study area. Much information is headily and freely available from sources such as Center for .
Neighborhood Technology (CNU), Center for Transit Oriented Development (CTOD) and the Federal
Transit Administration to support station area development across the US. National best practices from
these sources will be reviewed for possible application to the Main Street TOD Study.
Identification of Vacant, Underutilized Properties: The project team will coordinate with City staff to
identify properties that are currently vacant, have potential as a redeveloped- or adaptive reuse, or are an
underutilized property that could have better use as it applies to TOD potential in the study area. The
vacant, underutilized properties will be categorized in a GIS parcel data file with overail square footage,
current value, zoning code, and other parcel related data.
Traffic Analysis: Existing vehicle, pedestrian and bicycle traffic data will be analyzed for the Chicago/Main
signalized intersection in order to evaluate the current level of service for the Main Street Station Area. All
analyses will be conducted in SYNCHRO. The SYNCHRO model will be used to analyze traffic flow
behavior and impacts on various road users including but not limited to motorists, transit vehicles,
pedestrians, and bicyclists. The SYNCHRO model can then used to demonstrate the feasibility of design
concepts and future project Increases In traffic (developed in Task 4.0) in the Steering Committee
meetings, focus groups and public meetings. The PB Team will catalog, all traffic information, as an
appendix to the Task 3.0 technical memorandum. Commuter parking usage data will also be analyzed to
determine level. of use and demand for station parking. The findings from this analysis will be documented
in a memorandum that will include maps and graphics that can be used throughout the study and future
project phases.
The Parsons iBrinckerhoff Team will prepare a draft technical memorandum, Including base map, graphics
and tables documenting Task 3.0. This draft technical memorandum will be presented for review to
Evanston and the Steering Committee and will remain in draft form. Relevant comments will be
incorporated into the station design concepts in Task 5.0 and 6.0
Deliverables:
Technical Memorandum documenting the existing and future conditions in the study area.
Task 4.0 —.Market Analysis
Simultaneous with.the step of Task 3.0, The Parsons Bdrickerhoff Team will complete a market scan to
determine the market demand for transit supportive infill development in the study area. The market
overview will include a profiling of local demographics and a survey of the existing supply and demand of
EVANSTON MAIN STREET STATION TOD PLAN 211IM5
residential and commercial' uses, as well as other relevant uses considered for the study area. For
example, AMU, a multHamlly real estate developer, is currently building 'a 214-unit luxury rental
apartment community to be called AMU Evanston. This new development is located just south of Main
Street, is located within walking distance of the South Boulevard and Main Street Stations. The
Chicago/Main TiF. Redevelopment Plari, whichis currently under, City review within -the study area, will
also be analyzed.
Through collection and review of third -party market data, and one -one interviews with local developers,
our Team will gauge opportunities and challenges related to TOD in the study area; understand the
current supply and its target demographics, price points, typical occupancy rates, and absorption periods;
and identify relevant planned improvements in the study area. The market scan will be utilized to
determine the highest and best use, size and mix of program for successful transit supportive infill
development.
Task 4.1— Draft TOD Plan
Parsons Brinckerhoffs PlaceMaking group has developed TOD focused analysis for over 125 transit
related projects around the globe. This includes an extensive analysis of location attributes to determine
TOD feasibility. Project Team Advisor Tom Jost understands which conditions can have the impact on
determining station readiness. This experience will enable'our team to hit ground running, focus on data
that gives the most value and quickly move from evaluating the existing conditions in Task 3.0 to
developing the station design concepts and Implementation Plan. We have included a sample Transit
Supported Development Readiness Questionnaire prepared by Tom Jost and Pippa Brashear for the
Nassau County infill Redevelopment Feasibility Study (See sample in Exhibit D submited with the RFP
response). A TOD Readiness questionnaire would be developed by the Project Team and used as a print
and online survey tool with focus groups, developers, neighborhood groups and the public.
Based on the market analysis task, stakeholder and developer survey input, our Team will develop a draft
TOD plan for the study area, including identification of any historic buildings or other buildings to remain,
the orientation, massing, -and character of new infill and redevelopment and any critical urban design
issues. This illustrative plan will show transit -supported intensifies and land uses, street connectivity and
design, redevelopment, infill, adaptive reuse potential + parcel assembly potential; and possible parcels
for higher density development. Equally important is the information shared by developers — some have
already looked at the study area and have information that can be valuable to the project. They have
concerns over infrastructure, land availability, the submarket for ownership and rental units or retail,
financing, or may already know how receptive area residents may be to change. Ideally, the development
of the draft TOD plan would take place after the developer interviews and first public workshop.
The draft TOD Plan will include a Future land Use Map depicting potential land use changes within the
study area. The market analysis and draft TOD Plan would presented to the City staff and the Steering
Committee for review and comment. The refined *market analysis and draft TOD plan would then be
presented at the second community meeting and posted on the projectwebsite.
Deliverables:
• Technical Memorandum documenting the study area market analysis.
• Draft TOD Plan and Future Land Use Map based on existing conditions and market analysis.
Task 5.0 — Station Design Concepts, Integration of CTA1Metra Transfer Potential
The Parsons Brinkerhoff Team, in coordination with CTA, Metra, UPRR and other Steering Committee
members, will identify a variety of reasonable station integration options, including an at -platform
connection, street level connection andlor other options. in addition, the team will review past studies and
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EVANSTON MAIN STREET STATION TOD PLAN 2/11115
plans, including CTA 2005 Purple Line Master Plan, proposals and ideas presented by community
organizations, focus groups, local officials and the public in order to develop an iribentory of potential
station improvement options. Since this study focuses on a station currently In the CTA on the Red and
Purple Modernization Environmental Impact Study (EIS), the scope of work is intended to be consistent
. .with the station description in the -EIS: -
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The station Designs will respond to the issues and opportunifies identified over the previous phases of the
project, including the input gathered through the public outreach process. The concepts will not be
developed in isolation, but' rather will be developed in concert with the station -area development
concepts, resulting in designs that are context sensitive and complement and support the development
plans for the area.
Parsons Brinckerhoff Team members are famillar.with CTA and Metra design criteria and members of our
team have already examined potential CTA station improvements and pedestrian and bicycle safety
improvement strategies in the Main Street Station study area. it is also expected that most of the
suggested improvements will be incorporated into the at least three (3) conceptual design plans for
review and comment by the Steering Committee. Other Improvements may relate to other locations in the
study "area and would be summarized separately in tabular form. A technical memorandum will be
prepared to summarize the station design concepts, integration potential and inventory of potential'other.
improvements in the study area with magnitude of costs. The construction cost estimates provided under
this Agreement will be based on PB's professional experience and judgment and shall be deemed to
represent PB's opinion. PB has no control over the cost of labor, material, equipment and other relevant
factors that could influence the ultimate construction costs. Thus, PB does not guarantee that the• actual
construction cost will not vary from PB's estimate or opinion of probable construction cost.
The Parsons Brinkerhoff Team has extensive passenger station planning and design experience,
including contemporary projects in Illinois that possess intermodal elements of diverse service providers_
Parsons Brinckerhoff's team member Bruce Nelson has worked etensively with IDOT UPRR, Amtrak and
local transit agencies to support the design and construction of multi -modal facilities in Joliet, Normal,
Springfield and Alton, Illinois for IDOTs High Speed Rail Prgram. While these sites are all in different
stages of development, each has presented a unique set of challenges that were resolved through
thoughtful planning and extensive discussion including all stakeholders. Improvements include better
passenger amenities such as electronic information signs, full accessibility, revised parking/drop-off areas
and expanded bicycle parking. In 2005, Ross Barney Architects provided services to CTA for the 2005
Purple Line Master Plan Project for CTA Main Street Station and CTA Main Street Viaduct
Some additional ideas revolve around CTA's , planned reconstruction of the North Mainline, which
encompasses the Purple Line between Howard Street and Linden. Alternatives developed by CTA for the
Red Purple Line Modernization Project Evironemental Ipmact Study (EIS) suggested some economy of
station sites within Evanston, and if those plans become a reality, then significant opportunities exist for
the Main Street site given the potential for consilidation of the CTA South Boulevard and Main Street
station. Station consolidation usually results in the remaining 'facilities absorbing some percentage of
passengers who once used the closed site(s), so a comprehensive plan to upgrade Main Street may be
relevant for several reasons and discussed In the Steering Committee meetings. However, the project
team understands that City of Evanston and residents have not expressed support for the proposed an
alternative to consolidate the CTA South Boulvaard and CTA Main Street Station. This issue will be
discussed and evaluated with Evanston staff prior to development of the station design concepts:
The Parsons Brinkeerhoff team will discuss options for station development with the CTA and Metra to
determine what the common design elements may be. Station integration concept plans for at least three
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EVANSTON MAIN STREET STATION TOD PLAN 2/11115
(3) options will follow including sufficient detail for stakeholders to understand and evaluate the benefits
and associated costs of each. A consensus plan will be the outcome of internal and external input.
Finally, a refined professional opinion of probable cost will be developed for the Perferred Station
Concept.
Deliverables:
• No less than (3) station design concepts with conceptual cost estimates
Task 6.0 — Station Area Development Concepts
The station area development concept options that result from the evaluation in Task, 5.0 will be studied in
greater detail in Task 6.0. These options may be refined based on input from City staff and the Steering
Committee. The Parsons Brindcerhoff Team will coordinate with City staft and the Steering Committee to
develop a project FAQ sheet on station options for posting on the project website. The revised plans
would then be presented to the public at the second workshop for review and comment. A visual online
preference survey to facilitate public evaluation of the station concept plans would also be developed for
use during Public Meeting 2.
The project team will develop a methodology consistent with the study goals and objectives defined in
RFP and with input from City staff and the Steering Committee. CTA and Metra physical design
standards/criteria will be used to refine the concept plans and cost estimates., For concept level capital
costing, the Parsons Brinkerhoff Team will use unit cost pricing. Typical unit prices appropriate to the
Chicago area for the types of work expected will be based on Evanston Yellow Line Station Engineering
Feasibility Study and our local experience with CTA, Matra and the UPRR.
Each design concept will also consider the potential for induced settlements caused by construction
activities. Parsons Mnckerhoff understands the need to limit settlement and deformations in order to
prevent impacts and damage to the existing rail lines, embankments and structures. This need will be
reflected .in the concept designs and cost estimates by considering the implementation of temporary
retaining walls and other structures with the intent to minimize disturbance. Special consideration will be
given for each concept presented in terms of the logistics of geotechnical, tunneling and/or structural
operations as these may affect the station area development concepts.
The Parsons Brinckerhoff Team will consider the best configuration and design of connections between
the station -and the -existing transportation network and to promote development opportunities.
Fortunately, improved pedestrian access and Increased economic activity are supported by many of the
same improvements to streetscape design, amenities and program. The development concepts must
carefully consider the physical as well as economic analysis of the study area. One subtask will be to
determine where new or widened transportation corridors, such as an elevated multipurpose path, are
possible and where current street scale, connectivity and traffic conditions present strong opportunities for
complete streets. Creating `complete streets" will make connections for all modes of transportation (auto,
transit, pedestrian and bicycle) and integrate the station into the neighborhood and future TOD.
development sites. Site planning will consider alternatives for on -site parking including no on -site parking
(only drop-off/pick-up), a surface lot, and a parking structure. Other provisions will include traffic
circulation, bus stops, bicycle parking, and taxi stands to be analyzed in Task'7.0.
Task 6.9: Elevated Muld-Purpose Bicycle and Pedestrian Path
The feasibility of providing an elevated multi -purpose bicycle and pedestrian path in the space that '
separates the Union Pacific Railroad (UPRR) on which Metra operates the UP -North Line Service and the
CTA Purple Line will require the careful consideration. Physically, the subject corridor between UP/Metra
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EVANSTON MAIN STREET STATION TOD. PLAN 2/11115
and CTA is about 1.6 miles long, extending from Mulford Street at the south to Davis Street at the north.
The land within the corridor between the two railroads is mostly elevated fill, although the width and
elevation varies significantly throughout the corridor. At several locations the embankment between the
railroads descends to grade level' to provide access to local cross streets. The area between Main Street
and Greenleaf Street is designated for commuter. parking.
The UPRR, Metra and CTA will be queried•about their respective land ownership within the corridor and
their need for access to the space for maintenance purposes of their respective track and signal systems.
As part of the Existing Conditions- Report in Task 2.0, Parsons Brinckerhoff will assess the access needs
within the corridor, which will Help to understand the feasibility of integrating a bicycle and pedestrian path
into this corridor.
The development of concepts for an elevated multi -modal path and parkway depend upon a firm
understanding of the engineering design requirements of each railroad involved in the project. Parsons
Brinckerhoff has extensive past and current relationships.'with Federal Railroad Administration (FRA),
UPRR, Metra and the CTA and we understand that they have different track clearance, fencing and
safety requirements that must be considered for publicly accessible spaces near their tracks. Some of
these concerns have been recently addressed with the work Parsons Brinckerhoff is currently performing
With the UPRR and the [DOT High Speed Rail Project between Chicago and St. Louis, Missouri and
previously on the CTA Red Line Extension AA_ We will work with all three entities to understand their
specific concerns and requirements with respect to this project, enabling the development of acceptable
concepts for a bicycle/pedestrian path within the corridor.
Task 6.2: Assessment of Station Area Concepts
In this subtask, the Team shall quantify the amount of mixed4ncome housing that would be produced,
jobs created, land redeveloped, improved access to transportation for underserved populations,
combined order of magnitude housing and transportation costs, and environmental quality improvements.
The Team will quantify public and private sector cost implications and identify critical improvements
necessary forredevelopment to occur.
Once the preferred redevelopment scenarios and station area concepts have been determined, the Team
will quantify development projections and project benefits and refine the Draft TOD Plan developed in
Task 3.0. We will work with City staff and the Steering Committee to apply appropriate metrics and
impacts to be quantified, which we expect to include:
• Programming, including square footages and unit counts for .various uses (e.g.. affordable
housing, market rate housing, office, retail, etc.);
• Total acreage of redeveloped land;
• Total acreage of new open space and/or recreation facilities;
• Order -of -magnitude job creation estimates based on the proposed development program,
including construction and operations;
• Order -of -magnitude fiscal impacts;
• Improvements in access to transit, and implications for surrounding road and transit networks
Ridership growth potential of the development scenarios. This would utilize trip generation tables
and analysis of expected trips by number of. units, square feet of office and square feet of retail.
Task 6.3. Preferred Concept Plan Feasibility
This effort will result. in a Preferred Development Concept for the development sites for station area and
development sites surrounding the station, station access locations, connecting transportation links to the
station (both new and existing) and an overall TOD strategy that highlights the key actions that are
9 1 P a g e
i
i
EVANSTON MAIN STREET STATION TOD PLAN 2111115
recommended to achieve TOD development. New development site designations, new zoning guidelines
and TOD form based code recommendations to be detailed in Task 9.0.
For the Preferred Concept Plan, the Team will create an=implementation strategy which establishes a
schedule and next steps for the City to advance development. Where possible, the implementation
strategies -will address: _
• Land acquisition and assemblage strategies;
• Potential funding and financing mechanisms and sources;
• Zoning recommendations
• Supporting infrastructure improvements;
• Local transportation, pedestrian, bicycle, complete street and parking strategies
• Outreach'and marketing strategies;
• Development phasing
• Potential permitting actions
The Parsons Brinckerhoff Team will develop a detailed Preferred Concept Plan to demonstrate the vision
for future development in the study area. A written description of the Preferred Concept Plans will provide
square footages of each use and density unitlacre for residential uses, parking capacity, heights,
setbacks and phasing.
Deliverables:
• Technical Memorandum documenting the evaluation of the station plans area plans analyzed
and recommendations regarding each of the plans.
• Three (3) illustrative draft concept plans.
Task 7.0 — Parking, Circulation and Access Plans
A circulation and parking plan will be developed to rationalize infill development, mitigate the impacts of
increased density and associated trip/parking characteristics, as well as improve and promote transit,
non -motorized access, safety and circulation around the station. Existing demands, along with other
planned developments in the area will factor into the station development access plan so that a
comprehensive system is developed providing connections to and within the development and
surrounding community. Opportunity to incorporate complete- streets, enhance bus transit, pedestrian,
and bicycle access, as well as plan for new road alignments to foster redevelopment scenarios will be
taken into consideration.
The results of the station access forecasting effort will be analyzed along with TOD planning tools and
development scenarios to develop a preferred recommendation for station access strategies to support
the preferred development strategy developed in Task 6.0. During this task we will revisit the
development densities and build -out scenarios and refine our densities to limit the impacts to parking,
local traffic congestion, community impacts, etc. so that more optimal alternative scenarios- can be
determined based upon potential impacts to the transportation system components. We will site parking
so as to foster higher density private development, take advantage of shared parking opportunities,
develop a street network to support pedestrian and bicycle activities, employ urban scale sustainability
strategies for water. waste, transportation and energy and seek to create amenities that would attract new
residents, workers, shoppers and tourists to live, work and play in this new urban sustainable community.
The Parsons Brinkerhoff Team will assess the impact of the Preferred Concept Plan on the study area.
Our team will make preliminary recommendations for parking capacity, multi -modal circulation created by
101Page
EVANSTON MAIN STREET STATION TOD PLAN 2111/15
the concept plan. Improving connectivity between major destinations within the study area with the
residential neighborhoods and the CTA and Metra Main Street station are aft a key mission of this project.
Particular consideration will be .given to defining improvements to local streets and providing improved
access to the station area.. The overall street section. including sidewalk widths, pedestrian amenities,
configuration of bicycle, parking, bus pull off areas, taxi waiting zones, delivery and drop-off zones will be
identified. Beyond the basic configuration of these spaces, the quality and character of the neighborhood
will be enhanced through preliminary consideration of streetscape elements.
Our Team will determine the demand of parking in the area based on the Evanston's Zoning Code and
the refined Future Land Use Plan for the study area. The potential to reduce parking requirements for
developments within the station,area will also provide regional and national best practices for parking and
Transit Oriented Development for review by City staff and the Steering Committee and potential text
amendment Evanston's Municipal Code.
Oefiverables:
• Technical memorandum with supporting text and graphics summarizing parking, circulation and
access plans for the study area.
Task 8.0 — Economic Feasibility Analysis
Based on the market scan in Task 3.0, the Parsons Brinckerhoff team will evaluate the feasibility the
Preferred Concept Plan. This would include a determination on current and several scenarios for funding
and implementation -of the concept plan. Based on our experiences in places as diverse as Miami, FL;
Portland, OR; Dallas, TX; Washington, PQ Long Island, NY; and Denver CO we have learned the value
of not starting the analysis until there is agreement on "what success looks like". Defining success and
determining the measures for it, are some of the first activities that will be undertaken during meeting #1
with the Steering Committee and refined in Task 6.0.
In suburban Washington DC, our challenge laid in the fact that planning for TOD had not evolved from
advocacy to implementation, meaning that plans lacked the sophistication, partnerships and strategies
necessary to advance TOD. Part of the solution was to develop an innovative methodology for assessing
the development market and the 'TOD Readiness" of a station area based on seven factors of urban form
and activity. That analysis proved to be more revealing than conventional feasibility parameters. Parsons
Brinckerhof's PlaceMaking group's experience with the Denver FasTracks program also provides a
representative baseline to craft our Main Street TOD evaluation approach.
We will apply a similar approach for Task 8.0 to determine the combination of physical characteristics,
.market appeal, infrastructure systems and structure, political willpower and public consensus to proceed
to implementation_ In undertaking this kind of work across the country we have f*nd it is important to
focus on factors that are predictors of "Development Readiness." In other words, are the factors in place
to move a station area down the. path necessary to deliver an implementable TOD strategy. As such we
are recommending using a combination of qualitative and quantitative factors to evaluate and help shape
our recommendations of Preferred Concept Plan.
Building on our understanding of the station area, the team will draw on the information the existing
conditions report, market analysis, stakeholder and public comments in relation to how they stack -up
against the pre -conditions for successful TOD. To what extent are the pre -conditions to a successful TOD
in place? Is the station area TOD development ready? To answer those questions the project team will
worts with City staff and the Steering Committee to access and evaluate the station area in relation to how
111Page
EVANSTON MAIN STREET STATION TOD PLAN
2111115
they stack -up against seven TOD success factors. This effort will combine the TOD planning and TOD
development skills at Parsons Brinckerhoff, Ross Barney Architects' the station development and, urban
design skills, the market analysis skills of Valerie S. Kretchmer Associate, and Active Trans work on best
practices and guidelines for pedestrian and bicycle access and safety.
Implementation Continuum: Development of TOD requires a series of actions of a period of time ranging
from initial planning to, to making targeted investments, to putting the full range of necessary tools and
leadership in place to achieve TOD. Knowing where the station area is on 'development continuum" Will
help in targeting what kind of assistance may be required. We will devise a ranking along the
development continuum to categorize the readiness of the project along with an analysis of short range,
medium and long term funding strategies to aid in the implementation of the Preferred Concept Plan. The
economic feasibility analysis will be presented to City staff and the Steering Committee for review and
comment.
Deliverables:
• Draft Implementation Plan
Task 9.0 — Developer "Reality Check" to review Draft Plan
The Parsons Brinkerhoff Team will work with City staff to organize a concept plan "reality check" meeting
with potential real estate developers and funding partners on the draft plan. Our team members have
local and national experience working with the private sector on TOD implementation across the US.
This event would Ideally occur prior to third public workshop. The meeting would detail the economic
feasibility and the project's potential funding. It is expected that city staff would organize the invite and
appropriate pudic employees and interested developers. The study area Future Land Use Plan and
illustrations of the station concepts would be displayed on presentation boards. Based on the economic
feasibility analysis in Task 8.0 and -the identified funding and implementation strategy, our team will focus
on the study area costs and benefits to support the community s vision for the Preferred Concept Plan.
At the simplest level, the vision would involve approaching transit facility.and station area design to help
shape the future of the Main Street Study Area within it in a manner consistent with community
preferences. The following seven interrelated TOD principles are intended to help guide study in a
manner to help maximize its effectiveness as an investment tool in moving people and community
building:
• Create a Pedestrian Environment.- Provide lively, safe, and convenient sidewalks and pedestrian
paths connecting Main Street Station area to homes, jobs, schools; parks and shopping, with.
buildings facing toward those connections.
• Create Partnerships: Secure public -private partnerships that will capture and enhance public
investment in the study area.
• Complement Community Objectives. Help realize the vision and economic vitality of the
neighborhood with quality development providing a mix of uses close to the Main Street Station.
• Stations as the Heart of the Community. Design transit stations to serve as the hub of a
community and. provide local identity. The Main Street Station is the front door to the
neighborhood and serves as a local landmark and place .with active and appropriately scaled
public plaza.
• Balance Parkinq. Parking must not separate transit from the community. Move, share, wrap and
deck parking to balance economic viability, pedestrian amenities and necessary parking.
• Tame Traffic: Calm traffic and design parking lots and associated street improvements so that
traffic operates at speeds compatible with a healthy, safe community.
121Page
• Connect !Neighborhoods with Transit: Link neighborhoods and transit together through a well-
connected street, bus, bicycle, and pedestrian network.
Based on the meeting's outcome, the key design principles, Implementation Plan (developed in Task 8.0)
and the. Preferred Concept Plan will. be updated as necessary prior to presentation at the third and final
public workshop.
i
Deliverables:
• Technical memorandum summarizing the input from the developer summit and recommended
changes to the Draft Preferred Concept Plan and Draft Implementation Plan.
Task 10.0 —Zoning Amendment Recommendations
Creating viable zoning amendment recommendations is a key component of the Preferred Concept Plan,
Transforming the Main Street Station Area will not be quick or easy. The recommendations need to be j
feasible and provide clear direction for moving forward and must be grounded in overcoming the barriers i
that have prevented TOD from occurring earlier or on its own.
Capitalizing on the market analysis, the project team will recommend changes to the Cws Code,
Comprehensive Plan, and the Zoning Ordinance that will allow Implementation of the Preferred Concept I
Plan. This will include general design guidelines and hew parking requirements for TOD within the study I
area. h
i
Deliverables.
• Technical Memorandum on zoning amendment recommendations
Task 11.0 -- Implementation Plan/Plan Approval
The Parsons Brinkerhoff Team will refine the draft Implemeritation Plan and prepare a Final
Implementation Plan for review by City staff and the Steering Committee. So that all stakeholders can
understand and appreciate the study's findings, it is necessary to dearly present information. In addition
to writing the Implementation and Vision Plan in a clear, jargon -free manner, it is also importantto have a
visually -appealing document that conveys findings and information with informative, and easy -to -
understand charts, tables, maps, and diagrams. Throughout the study process, the team will identify ways
to convey information visually.
A Main Street area redevelopment toolbox will help shape City-wide and community -wide investment
strategies. It will also provide a methodology to determine the most appropriate tools depending on
Prefered Concept Plan so that it has application beyond this study.
Based on the work completed in earlier tasks and drawing upon the team's experience creating TOD and
redevelopment toolbokes for other jurisdictions, the team will prepare a redevelopment toolbox that
responds to the issues associated with the main Street Study Area. A pdf of Parsons Brinckerhoffs
recently adopted Winnipeg, Canada TOD Handbook plan is included in Exhibit E and on the flash drive
submited with this RFP response.
Deliverables
• Fiscal Analysis and Implementation Strategies Report to the Evanston Planning Advisory
Committee in electronic formats for review and comment
The final plan with narratives and maps will be submitted as 25 hard copies as well as one digital copy
Attachment A: Schedule
131Page
._
xo��;..
Exhibit B .
........,,. :...
_ ---- :..
i
Cost and Price Analysis - Professional .Services Contracts ! 4400 FORM
Name and Address of Title of Project
Offeror
Parsons Brinckerhoff Evanston Main Street Station TOD Plan
230 West Monroe, Suite 900, Chicago, IL 60606
Estimated Total Estimate
Detail Description Hours Rate/Hour Cost (dollars)
1. Direct Labor (specify)
SUPERVISING PLANNER! PM 159 $ 53 $ 8,414
SR PRIN TECHNICAL SPECIALIST 44 $ 67 $ 2,960
LEAD ENGINEER 10 $ 52 $ 523
SUPV ENGINEER 10 $ 55 $ 552
SR ENGINEER 44 $ 38 $ 1,684
LEAD ENGINEER 34 $ 57 $ 1,947
PLANNER 11 156 $ 32 $ 4,931
CONSULTANT 11 28 $ 53 $ 1,489
SR PLANNER 62 $ 37 $ 2,298
Project Accountant 1 20 $ 25 $ 506
Total Direct Labor WMANWIMM, $ 25,304 -
2. Burden Burden Rate X Base= Burden ($)
158.90% $ 25,304 $ 40,208 s
r
Total Burden « $ 40,208
3. Direct Material
Printing, mailing, overnight deliveries, reproduction $ 975
Web site hosting charges (12 months @ $1001month) $ 1,200
Total Material
4. Special Testing
Total Special Testing
5. Special Equipment (Exhibit B)
6. Travel (direct charge)
a. Transportation
b. Per Diem or Subsistence
Total Travel
7. Consultants (Identify -purpose -rate)
Total Consultants
8. Subcontracts (Exhibit A)
9. Other Direct Costs (Exhibit B)
10. Total Direct Cost and Burden
11. General and Administrative Expense
12. Total Estimated Cost
13. Fixed Fee or Profit
14. Total Estimated Cost and Fixed Fee
$
53,929.00
$
122,216
0.00% $ 25,304 $
-
$
122,216 _
11% $ 25,304 $
2,783
$
125,000 -
PAGE 1of 2
15. Overhead Rate and General Administration Rate Information
A. Govemment Audit Performed
Date of Audit
Accounting Period Covered
Illinois Department of Transportation
I 20-Nov-12
2011
=8. Name and Address of Government Agency making Audit
C. Do your Contracts Provide Negotiated
Overhead Rates? 0 No Wes
Illinois Department of Transportation.
2300 South Dirksen Parkway
Both negotated and actual are based on
:Springfield, Illinois 62764
previous audit
D. (if no Government Rates have been established furnish the following information)
Department or Cost Center -Rate Base
Total Indirect Expense Pool Base for Total
16. Exhibit A - Subcontract Information
Name and Address of Subcontractor (s)
Subcontracted Work
Type
Subcontract
Amount
Ross Bamey Architecture
Arch. And Urban Design LS
$
37,585
Valerie Kretchmer Associates
Market Analyisis LS
$
11,340
Active Transportation Alliance
Ped and Bike LS
$
5,004
Total
$
53,929
17. Exhibit B - Other Direct Costs (Specify, if more space needed, use blank sheets, identifying item num )er)
3
Certificate
The labor rates and overhead costs are current and other estimated costs have been determined by generally accepted
accounting'prinelples. Bidder represents (a) that he ❑s h® not employed or retained any company
or person (otherthan a full-time bona fide employee working solely for the bidder) to solicit or secure his contract,
and (b) that he Ehas ®as not paid or agreed 'to pay any company or person (other than a full-time bona fide employee
working solely for the bidder) any fee, commission,
-percentage, or brokerage fee, contingent upon resulting from the award of this contract,
and agrees to fumish information relating
-io (a) and (b) above, as requested by the Contracting Officer.
Number of Contractor Employees State Incorporated In.
❑ 500 and under ❑ Over 500
Illinois
❑ Over 750 ® Over 1,000
Date (Signature and Title of Authorized Representative of Contractor
President
PAGE 2 of 2
Exhibit A - P9 Fee Schedule
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Total Project Cost
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Exhibit C
Proposal for Evanston Main Street Station
Transit Oriented Development Plan
As Submitted to City of Evanston, November 1, 2012
-...._._...
. I
Exhibit D
:., :. ..
i
I
REQUEST FOR PROPOSAL
RFP NUMBER: 12-179 '
For
Evanston Main Street Station Transit Oriented Development Plan
PROPOSAL DEADLINE:
PRE -PROPOSAL MEETING:
(NON -MANDATORY)
2:00 P.M., Thursday, November 1, 2012
Room 4200,
Lorraine H. Morton Civic Center,
2100 Ridge Avenue,
Evanston, Illinois, 60201
11:00 A.M., Wednesday October 17, 2012
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)866-2936 * FAX (847)448-8128
1
TABLE OF CONTENTS
Noticeto Proposers...................................................................................................3
1.0. Introduction.........................................----...................................................... 4
2.0 Scope of Services.:..................................................................................... 5
3.0 Insurance......................................................................:.............................11
4.0 Submittal Requirements.............................................................................11
5.0 M/W/EBE Goals ............................ ...................... :........................................ 12
6.0 Evaluation Criteria......................................................................................12
7.0 Selection Process....................................................................:..................13
8.0 Proposed Schedule.........................................................................14
9.0 Questions Regarding RFP..........................................................................14
10.0 General Terms and Conditions...................................................................14
Exhibit A - Fee Schedule...............................................................................19
Exhibit B - Disclosure of Ownership Interests................................................22
Exhibit C - Conflict of Interest Form................................................................25
Exhibit D - Acknowledgement of Understanding............................................26
Exhibit E - Schedule of Additional M/W/EBE Subcontractors ........................27
Exhibit F - Letter of Intent from M/W/EBE to Perform as a Subcontractor,
Supplier, and/or Consultant and
Affirmation of M/W/EBE Status.....................................................28
Exhibit G --Affidavit of M/WIEBE Goal Implementation Plan ..........................30
Exhibit H - Anti -Collusion Affidavit and Proposers Certification .....................32
Exhibit I - M/W/EBE Waiver Requirements...................................I................33
Exhibit J - M/W/EBE Participation Waiver Request........................................35
Exhibit K - Construction Contractors Assistance Organizations .....................36
Exhibit L - Professional Services Agreement.................................................37
2
CITY OF EVANSTON
NOTICE TO PROPOSERS
Sealedproposals will be received by the City Purchasing Manager in Room 4200, Lorraine H.
Morton Civic Center; 2100 Ridge Avenue, Evanston, Illinois 60201, until 2:00 P.M. local time
on Thursday, November 1, 2012. Proposals shall cover the following:
Evanston Main Street Station Transit Oriented Development Plan
RFP #12-179
The City is seeking proposals from qualified consultants to develop a detailed Transit
Oriented Development Plan for the area surrounding the Metra and CTA Main Street
Stations.
There will be a Nan -mandatory pre -proposal meeting Wednesday, October 17, 2012 at 11:00
A.M. in. Room 2402 of the Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston,
Illinois 60201. Ali firpts 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 City of Evanston (City) in accordance with the laws of the State of Illinois, hereby.notrfies
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 City of Evanston reserves the right to reject any or all Submittals or to accept the
submittal(s) deemed most advantageous to the City.
This project is being funded by a grant received from the Regional Transportation Authority.
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.
Jewell Jackson
Manager, Purchasing and Contracts
3
The City of Evanston has received a $100,000 grant from the Regional Transportation
Authority to develop a detailed Transit Oriented Development Plan for the area surrounding
the Metra and CTA Main Street Stations. As one of only three station areas in the RTA
system where Metra and CTA co -locate stations, The City of Evanston recognizes this
special relationship between the two major transit systems. This station area has been the
urban center of South Evanston in its early settlement and continues to be ' a ' retail and
residential hub of the city today.
The City has the unique opportunity to capitalize on this station area's assets = connection
to both the CTA and Metra rail lines — and seek out new development in the form of high
quality office and technology space. The recent acquisition by a developer of the property
at southeast corner of Chicago and Main has resulted in initial discussion and funding by
the City to help study the potential for a new office mixed use development on that site.
With two major renovation programs — the CTA Purple Line Modernization and the Metra i
viaduct replacement program' — slated to begin in the next two decades, a strategic plan on
how to -capitalize on these two major transit investments in this area will be needed to
ensure that the growth, economic development and vitality of Evanston remain forefront in
the implementation of not only CMAP's Go To 2040 regional plan, but also the variety of
plans adopted by the Evanston City Council in recent years.
Project Goals and Objectives
1. Plan for the future redesign/improvement of the Purple Line.
2. Anticipate and Identify redevelopment opportunities that can capitalize on the I
anticipated transit investments at the Main Street Station Area.
3. Strengthen the Metra/CTA transfer opportunity.
4. Develop a strategy that best utilizes proposed transit investments to spur further
economic development activities at the Main Street Business Node.
6. Identify sustainable development opportunities both in the transit investment and in
public/private development opportunities.
6. Integrate multi -modal connectivity of the Main Street. Station Area; including bike,
pedestrian, and bus services to the rail stations.
7. Strengthen the economic vitality of the Main Street 'Business Node through
development of new office and technology job center spaces.
S. Identify public open space opportunities iin the study area to further enhance the
desirability and livability of the community.
9. Study the feasibility of providing for an elevated multi -purpose bike and pedestrian
path between the Metra and CTA corridors.
10. Examine parking options 'and requirements including Transit Oriented Development
parking requirements and incentives.
Contact with City personnel in connection with this RFP shall not be made other than as
specked in this RFP. Unauthorized contact of any City personnel may be cause for
rejection of a proposal.
4
---:---- ...... --- ...
4
Prior to the submittal of a proposal, Proposers are advised to carefully examine:
- The contract documents
- Project scope and work tasks to be accomplished i
- Specifications
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. .
2.0 SCOPE OF SERVICES
Task 1.0 Project Initiation
Selected Consultant would consult with the City of Evanston to finalize plan schedule,
discuss logistics, develop a list of key stakeholders for interviews and discuss the
make-up of the Steering Committee. Collection of all available data, GIS, digital
information necessary to kick off the project will be conducted at this time.
Additionally a final Public Participation Plan will be presented to City staff. The Public
Participation Plan will include proposed public meetings and mechanisms to involve
the public. The plan will also describe the project's website. The City is open to
suggestions from Consultants as to the method for receiving public participation, but
at a minimum the City will require a kick-off meeting with the Steering Committee, a
kick-off meeting with the public, one visioning session, a project website, a
presentation of the draft plan to the City Council and the community in one or more
locations, and a presentation of the final plan to the City Council and the community.
An image preference survey led by the Consultant team will be a part of the visioning
Process.
A Steering Committee will be formed by the City from key stakeholders. Likely
stakeholders will include representatives from RTA, CTA, Metra, City staff,
neighborhood group representatives, residents and business owners. The City of
Evanston's staff will provide guidance and direction to the Consultant throughout the
process, but will rely on the Steering Committee for input and advice as well. The
Consultants will meet with City staff and the Steering Committee to give everyone an
introduction to the project and process and request data as needed for participating
entities.
The Consultants will interview stakeholders and community groups as selected by
City staff. The Consultant will conduct interviews with no less than 20 community
stakeholders. Potential stakeholders include the City Engineer, property owners and
developers who have a contractual interest in the property within the study area, and
other to be defined.
5
Project Management: Required Reporting and Documentation
The preferred selected Consultant shall demonstrate capacity to coordinate with the
RTA on all written communications, required documentation and form submittals as
required by the RTA.
Project Management: Steering Committee Review of Draft Deliverables
While City staff will provide comments on the draft summary reports and products
described in this RFP, all of these products will remain in draft form throughout the
course of the project and will not be revised, except where noted. Any portions of
these products that are incorporated into the Final Report will include relevant
comments from City staff and the Steering Committee. The only deliverable from the
scope of work that will be considered "final" Is the Final Report described in Task 8.
Project Management: Steering Committee Flow of Comments
All comments on the draft deliverables described in scope of work should be provided
directly to the City of Evanston. All deliverables being reviewed by the Steering
Committee should be submitted to City staff for distribution to the Committee at least
one week in advance of Committee meetings. The City will then consolidate all
comments and contact Steering Committee members as needed to clarify issues or
resolve any conflicts. One set of comments for each draft deliverable will then be
presented to the Consultant. Copies of this one set of comments will also be
provided to the entire Steering Committee, so everyone understands which
comments were provided to the Consultant_ As noted above, any portions of the
draft deliverables that are incorporated_ into the Final Report by the Consultant will
include relevant comments made by the Steering Committee.
Deliverables: Final project schedule with milestones, public participation plan,
summary of interviews.
Task 2.0 Existing Conditions Report
The selected Consultant, with assistance from City staff will work to assess existing
land use, urban design, streetscape, and transportation .conditions. The process will
require an existing conditions survey that will provide estimated demographics,
pedestrian/ vehicular/ bicycle circulation and access surveys, parking counts, traffic
counts and ridership information about Metra, and CTA customers. The Consultant
will obtain aerial photography of the study area and prepare a base map. A
reconnaissance survey of the entire study area will be conducted in order to identify
existing land uses, building types and the overall character and condition of the study
area. The Consultant will document existing urban design and streetscape features
in the study area.
Land Use/Zoning Analysis. The Consultant will review the current Zoning Ordinance,
Comprehensive Plan and other relevant transportation plans and . programs.
Selected Consultant will. conduct a detailed land use and zoning analysis for the
study area. Expected outcome of this task is a report providing up-to-date
information on current land use and analysis on how the land use can support or will
need to change to support future transit -oriented development within the study area.
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Identification of Vacant, Underutilized Properties. Selected Consultant will identify a
property that are currently vacant, have potential as a redeveloped or adaptive reuse,
or is an underutilized property that could have better use as it applies to transit
oriented development potential. The Consultant will then verify these sites with City'
staff and generate a report that maps out all sites, and provides detailed information
on each site (overall square footage, current value, zoning code, etc).
Deliverables: Provide to the Steering Committee for review digital copies of the
Existing Conditions Report consisting of a base map, existing land use plan of study
area, zoning analysis, demographic analysis, vacant and underutilized property
analysis, traffic access and circulation plans including an analysis of transit facilities
in the area and their use patterns, as well as accompanying narrative statements.
Task 3.0 Market Analysis
The Consultant will prepare a market analysis of land values and feasibility of several
types of higher density development. The Consultant will evaluate the current
housing, commercial and office uses in and around the study area and existing
demographic data. Identify land availability, vacancy rates, land prices, rents and
price points. The Consultant will interview local real estate brokers and potential
developers to evaluate potential future real estate mixes within the study area.
Identify transit oriented development opportunities that benefit from proximity to a
Metra and CTA stations. The Market Assessment Report will (1) accurately describe
existing land uses, demographic data, and real estate market around the study area,
(2) present a real estate market scenario with potential land use mixes for a transit
oriented environment, and (3) identify development needs and opportunities within
the study area. The current economic conditions -need to be evaluated to determine
what the most viable uses would be for the site.
Deliverables: A document will be created and reviewed by -the Steering Committee
detailing information from the existing conditions research and market analysis. In
addition to giving detailed information about the study area, the document will
summarize the findings creating a quick read handout to understand key aspects
about the study area.
Task 4.0 Station. Design Concepts, Integration of CTAIMetra Transfer Potential
Selected Consultant will coordinate with CTA, Metra and RTA on the plans for the
renovation, reconstruction and infrastructure improvements to both rail- systems. The
Consultant will evaluate various methods to physically and figuratively connect the
two stations. Studies should include the at -platform transfer potential between the
two rail systems. No less than three concepts must be developed for this phase.
Each concept will include cost estimates. There will be a joint transit review meeting
to review the concepts, revisions will be made based on transit agency input. The
Steering Committee will select a preferred scenario, to which the Consultant team will
provide further details about cost, challenges of implementing, and design ideas:
Deliverables: A preferred station design concept with. full cost and planning design
detail.
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Task 5.0 Station Area Development Concepts
Selected Consultant will generate no less than three development concepts of the
station area based on the information collected in scope items 1 through 3. The
_ concepts will take into account the proximity to public transportation, choices andthat
incorporate transit oriented design principals. The redevelopment plans should take
into account the preferences expressed at the initial visioning exercise and should be
readily adapted once community input is expressed. The development of the
conceptual plans should be done in collaboration with an economic feasibility
analysis. The development concepts can include but are not. limited to:, identification
of development opportunities, massing and dissemination of development potential,
parking concept design and capacity for all proposed development, concept design of
plazas'and open space; information on economic impact to the city for each concept,
potential development timeframe, etc. These development concepts will then be
presented at public meetings to solicit feedback and comments and provide
opportunities for the development of a consensus on community desires for a final
approved plan_
As part of the Station Area Development Concepts, the Consultants will identify and
describe:
a) Key development and redevelopment sites.
b) Building massing, height and configuration.
c) Overall quantity and mix of uses in the study area.
d) Linkages to surrounding communities, eg. sidewalk continuity, crosswalks,
direct routing, mini plazas.
e) Concepts for Plazas and Open Spaces.
f) Concepts for an elevated multi -modal path and parkway between the CTA and
Metra Right -of -Way.
g) Streetscape improvements, eg. 'lighting, walkway textures, benches,
guidancernformation kiosks, landscapingfartwork, fencing, security/safety
measures.
h) Access and circulation improvements for vehicular (including bus and taxis),
bicycle and pedestrian access.
i) Facilities to support bus and rail routes, e.g. passenger shelters, convenience
retail uses, parking lots, passenger drop-off areas.
j) Infrastructure improvements, e.g. streets, utilities.
Present Draft Station Area Development Concepts to City staff
Based on the review by City staff and the Steering Committee, the Selected
Consultant will revise the Concept Plans. Revised. plans will be presented to the
public at a workshop for review and comment. City staff, with taking into account
from the Steering Committee, and public, feedback, will select a favored plan
(Preferred Concept Plan)- This plan should include but is not limited to: final site
development recommendations, station design recommendations, plaza/open space
development recommendations, private development priorities, and the economic
impact of this preferred development plan, The Preferred Concept Plan will include
plan view drawings of the new development depicting layout, elevations and design
features. A base map depicting the future land uses in the study area will incorporate
the Preferred Concept Plan.
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Deliverables: The deliverables will include the three (3) preliminary, draft concept
plans that Will be graphically shown in this report, as well as a discussion of the
relative merits of each scenario. Also, a detailed Preferred Concept Plan will be
shown that demonstrates a vision for future development. A written description of the
Preferred Concept Plans will provide square footages of each use or. d.u./acre for
residential uses, parking capacity, heights, setbacks and phasing. A'discussion of the
reasons why the Preferred Concept Plan was considered the most viable for the
study area should be included in this deliverable. The Future Land Use Plan will
include a revised base map depicting the future land uses within the study area.
Task 6.0:. Parking, Circulation and Access Plans
The project team will study the existing conditions of the study area's circulation and
access. Once conceptual redevelopment plans have been designed, but before they are
finalized, the selected Consultant should recommend how to improve pedestrian, bicycle
and vehicular traffic in the study area. Recommendations will take into account the
benefits provided by the transit opportunities in the study area. The selected Consultant
should provide detailed recommendations concerning new parking requirements within
the station area as it relates to Transit Oriented Development, including but not limited to
demand of parking in the area, and potential reduction in parking requirements for
developments within the station area that could be included in a text amendment to the
Municipal Code. The selected Consultant will also need to determine the appropriate
amount, type and location of parking to support the new development and projections for
future parking demand. Also to be included in the study are indications of quantity of
cab parking in front of station areas, locations of a potential Bike parking lot facility and
to study the current bus station facilities and recommendations for improvement for
better access/accommodation.
Deliverables: A combination of text and graphics will communicate potential strategies
to provide efficient transportation in the study areas.
Task 7.0 Economic Feasibility Analysis
For the Preferred Concept Plan, the Consultant will need to consider land costs,
construction costs, market trends, and expected sales and rents to determine the
feasibility of the development.. The Consultant should determine the feasibility. of
such a redevelopment concept in today's economy. It should delineate how the
feasibility of the project may be affected by a further weakening of the overall
economy compared with the economic situation at the conclusion of this project. If
the Consultant or the Steering Committee does not believe that the preferred concept
plan is economically feasible at the time of the conclusion of this project, the project
team should describe in detail the conditions under which the preferred concept plan
would become viable_ The Consultant should also specifically recommend changes
to the preferred concept plan that would make the project immediately viable under
the economic conditions that exist at. the conclusion of the study. Alternatively, the
Consultant can recommend alternative projects that can be implemented immediately
or without significant reliance on overall economy or significant additional financial
support from increased taxes or other forms of government support.
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Deliverables: A combination of text and tables that. communicate the results of the
economic feasibility of the preferred concept plan. The economic feasibility analysis
will be presented to City staff and the Steering Committee for review.
Task 8.0 Developer "Reality Check" to review Draft Plan
The Consultant and staff Wit hold a developer focus.group. to _provide, a "reality check"
regarding the proposed plan. The Consultant will work with City staff to organize a
concept plan reality check with funding partners. The main purpose of the summit is
to present the final concept development plan to local and regional agency
representatives, elected officials, potential developers, real estate professionals or
other interested organizations to spark discussion and direction for the projects
funding and implementation opportunities. The Consultant will support the City in
advance of the meeting to plan the event, including the identification of potential new
implementation resources. The summit will not only provide further details on the
project's potential funding, but also provide opportunities for the City to network with
appropriate public employees and interested developers. Based on the meeting's
outcome, the implementation component and the TOD Plan will be updated as
necessary.
Deliverables: Provide to City staff a summary of input from the summit and
recommended changes to the draft plan.
Task 9.0 Zoning Amendment Recommendations
The project team will recommend changes to the City's Code, Comprehensive Plan,
and the Zoning Ordinance that will allow the type of development found in the
conceptual redevelopment plans and design guidelines. These recommendations
should include new parking requirements for Transit Oriented Developments within
the station area.
Deliverables: Specific sections of the Code should.be identified with suggestions for
draft text amendments. City staff will review and provide input, for final
recommendations.
Task 10.0 Implementation Plan/Plan Approval
The Consultant team must develop strategies that provide a framework and realistic
time frame for implementing the Preferred Concept. Plan. These strategies will need
to assure that the Plan will be supported throughout turnover in City Councils and
staff. Areas to be addressed include realistic cost estimates and funding options,
timing and phasing of redevelopment, and necessary levels of City's commitment.
Specifically the Consultant will need to describe and illustrate the strategies starting
from existing conditions through the phased build -out. Address site control and
acquisition, remediation and demolition, suggested plan implementation phasing,
cost estimates and application -of appropriate funding techniques for each phase.
Identify incentives and funding sources for developers including tax increment
financing, state and federal financing and grants.
The Selected Consultant will present a final plan document that includes all
documentation, concept designs, a final preferred development plan and cites the
potential financing* tools to accomplish implementation of the preferred development,
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first to the Evanston Plan Commission — a recommending body to the Evanston City l
Council — and then to the Planning and Development (P&D) Committee for approval. i
Subsequent approval from the P&D Committee, the Main Street TOD Plan will
proceed to City Council for full adoption_ E
Delliverables., Submit Fiscal Analysis. and Implementation Strategies Report. to the
Planning Advisory Committee n electronic formats for review. Provide draft report to
City staff for review. The final plan with narratives and maps will be submitted as 25
hard copies as well as one digital copy.
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 I
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 be included in a single volume. Applicant firms must submit six
(6) hardcopies, one (1) unbound original and an electronic copy on a flash drive.
A. ' Cover Letter. I
The cover letter.will include the following:
• introduction of firm
• signed by an authorized Principal of the firm. I
• include the name i
• address
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• 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 similar projects (at least 3, but no
more than 5) 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.
A client list of relevant projects similar in scope, size or discipline, in
addition to the 3-5 project samples you have provided-
C. ArealRegional 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. Costs
should identify hourly rates, and the staff person that will work on each task.
(see Exhibit A).
E. Contract
The City has attached its standard Professional Services Agreement (see
Exhibit Q. List all exceptions to the contract.
5.0 MIW/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 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 Jewell Jackson
iiacksonB-citvofevanston.ora with a copy to Joe McCrae, Deputy City Manager,
imcraeftitvofevanston.orq.
6.0 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
12
the proposal and/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 fisted below,will be used in the selection of the successful
Proposer.
A. Qualifications and Expertise
B. Price
C..Organization and Completeness of Proposal
D. Ability to Meet Timeline
E. Willingness to Execute the City of Evanston's Standard Agreement
E. M/W/EBE Participation
7.0 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 wiNingness 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.
While 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. 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
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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.
8.0 PROPOSE0..S "EDULE- _.
The tentative schedule for this RFP and project process is as follows:
1.
RFP issued ......................................:..............
October 11, 2012
2.
Non- mandatory Pre -Proposal Conference
October 17, 2012
3.
Last Day to submit questions .........................
October 19, 2012
4.
Final Addendum Issued ..................................
October 25, 2012
5.
RFP Submission Due Date ............................
November 1; 2012
6.
Notifications for Interviews .............................
Week of November 12, 2012
7.
Interviews.......................................................
Week of November 26, 2012
8.
City Council Award of Contract .....................
January, 2013
9.
Project Commencement ................................
January, 2013
9.0 QUESTIONS REGARDING RFP
All questions related to this RFP should be submitted in writing to Jewell Jackson,
Manager, Purchasing and Contracts, at iiackson0citvofevanston.ora with a copy
to Dennis Marino, dmarino()citvofevanston.ora.
10.0 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 bmeframes (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 time frame. 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
14
records, or part thereof, is applicable.
The Purchasing Manager 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'.isto 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 www.demandstar.com, or by
contacting the office of the Purchasing Manager, 847-866-2935.
F. Term
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The contract is for January 1, 2013 through December 31, 2013. The City may
terminate a contract for either cause or convenience. i
G. Non -Appropriation of Funds
The City of Evanston reserves the right to terminate in whole or in part of the
contract in the..exent .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 Manager. The j
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.
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■ The Proposer shall submit any protests or claims regarding this
solicitation to the office of the Purchasing Manager.
• A pre -bid protest must be filed five (5) days before the bid opening or
proposal submittal.
■ A.p,re-award protest must be fled 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 Manager. 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 Manager to take. Statements
shall be sworn and submitted under penalty of perjury.
L. Authority To Resolve Protests And. Contract Claims
Protests: The Purchasing Manager 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 Manager, 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
All Proposers shall describe any prior or pending litigation or investigation, either
.civil or criminal, involving a governmental agency or which may affect the
performance of the services to be rendered herein, in which the Firm, any of its
employees, or subcontractors has been involved in within the last three (3)
years_
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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 additional 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 Manager 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.
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