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HomeMy WebLinkAboutCivic Center Washroom RenovationsNZZ City of Evafistafr CITY OF EVANSTON PROFESSIONAL SERVICES AGREEMENT The parties referenced herein desire to enter into an agreement for professional services for Lorraine H. Morton Civic Center Washroom Renovation Project ("the Project') THIS AGREEMENT (hereinafter referred to as the "Agreement") entered into this 2rd day of April, 2012, 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 Behles + Behles, with offices located at 818 Church Street, Evanston, Illinois, 60201 (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 $47,500.00. COMMENCEMENT DATE Consultant shall commence the Services on April 9. 2012 or no later than three (3) DAYS AFTER City executes and delivers this Agreement to Consultant. COMPLETION DATE Consultant shall complete the Services by January 31. 2013. If this Agreement provides for renewals after an initial term, no renewal shall begin until agreed to in writing by both parties prior to the completion date of this Agreement. III. PAYMENTS City shall pay Consultant those fees as provided here: Payment shall be made upon the completion of each task for a project, as set forth in Exhibit A — Project Milestones and Deliverables. Any expenses in addition to those set forth here must be specifically approved by the City in writing in advance. IV. DESCRIPTION OF SERVICES Consultant shall perform the services (the "Services") set forth here: Services are those as defined in Exhibit A, the City's Request for Proposal No.#12-109 (Exhibit B) and Consultant's Response to the Proposal (Exhibit C). V. GENERAL PROVISIONS A. Services. Consultant shall perform the Services in a professional and workmanlike manner. All Services performed and documentation (regardless of format) provided by Consultant shall be in accordance with the standards of reasonable care and skill of the profession, free from errors or omissions, ambiguities, coordination problems, and other defects. Consultant shall take into account any and all applicable plans and/or specifications furnished by City, or by others at City's direction or request, to Consultant during the term of this Agreement. All materials, buildings, structures, or equipment designed or selected by Consultant shall be workable and fit for the intended use thereof, and will comply with all applicable governmental requirements. Consultant shall require its employees to observe the working hours, rules, security regulations and holiday schedules of City while working and to perform its Services in a manner which does not unreasonably interfere with the City's business and operations, or the business and operations of other tenants and occupants in the City which may be affected by the work relative to this Agreement. Consultant shall take all necessary precautions to assure the safety of its employees who are engaged in the performance of the Services, all equipment and supplies used in connection therewith, and all property of City or other parties that may be affected in connection therewith. If requested by City, Consultant shall promptly replace any employee or agent performing the Services if, in the opinion of the City, the performance of the employee or agent is unsatisfactory. Consultant is responsible for conforming its final work product to generally accepted professional standards for all work performed pursuant to this Agreement. Consultant is an independent Consultant and is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including but not limited to, Worker's Compensation Insurance. Nothing in this Agreement accords any third -party beneficiary rights whatsoever to any non- party to this Agreement that any non-party may seek to enforce. Consultant acknowledges and agrees that should Consultant or its subconsultants provide false information, or fail to be or remain in compliance with this Agreement, the City may void this Agreement. The Consultant warrants and states that it has read the Contract Documents, and agrees to be bound thereby, including all performance guarantees as 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 subconsultant's work. All subconsultant agreements shall include verbatim or by reference the provisions in this Agreement binding upon Consultant as to all Services provided by this Agreement, such that it is binding upon each and every subconsultant that does work or provides Services under this Agreement. The Consultant shall cooperate fully with the City, other City contractors, other municipalities and local government officials, public utility companies, and others, as may be directed by the City. This shall include attendance at meetings, discussions and hearings as requested by the City. This cooperation shall extend to any investigation, hearings or meetings convened or instituted by OSHA relative to this Project, as necessary. Consultant shall cooperate with the City in scheduling and performing its Work to avoid conflict, delay in or interference with the work of others, if any, at the Project. Except as otherwise provided herein, the nature and scope of Services specified in this Agreement may only be modified by a writing approved by both parties. This Agreement may be modified or amended from time to time provided, however, that no such amendment or modification shall be effective unless reduced to writing and duly authorized and signed by the authorized representatives of the parties. B. Representation and Warranties. Consultant represents and warrants that: (1) Consultant possesses and will keep in force all required licenses to perform the Services, (2) the employees of Consultant performing the Services are fully qualified, licensed as required, and skilled to perform the Services. C. Termination. City may, at any time, with or without cause, terminate this Agreement upon seven (7) days written notice to Consultant. If the City terminates this agreement, the City will make payment to Consultant for Services performed prior to termination. Payments made by the City pursuant to this Agreement are subject to sufficient appropriations made by the City of Evanston City Council. In the event of termination resulting from non -appropriation or insufficient appropriation by the City Council, the City's obligations hereunder shall cease and there shall be no penalty or further payment required. In the event of an emergency or threat to the life, safety or welfare of the citizens of the 3 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, ArcView, 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. Consultant's status shall be that of an independent Consultant and not that of a servant, agent, or employee of City. Consultant shall not hold Consultant out, nor claim to be acting, as a servant, agent or employee of City. Consultant is not authorized to, and shall not, make or undertake any agreement, understanding, waiver or representation on behalf of City. Consultant shall at its own expense comply with all applicable workers compensation, unemployment insurance, employer's liability, tax withholding, minimum wage and hour, and other federal, state, county and municipal laws, ordinances, rules, regulations and orders. Consultant agrees to abide by the Occupational Safety & Health Act of 1970 (OSHA), and as the same may be amended from time to time, applicable state and municipal safety and health laws and all regulations pursuant thereto. E. Conflict of Interest. Consultant represents and warrants that no prior or present services provided by Consultant to third parties conflict with the interests of City in respect to the Services being provided hereunder except as shall have been expressly disclosed in writing by Consultant to City and consented to in writing to City. F. Ownership of Documents and Other Materials. All originals, duplicates and negatives of all plans, drawings, reports, photographs, charts, programs, models, specimens, specifications, AutoCad Version 2007, Excel spreadsheets, PDF, and other documents or materials required to be furnished by Consultant hereunder, including drafts and reproduction copies thereof, shall be and remain the exclusive property of City, and City shall have the unlimited right to publish and use all or any part of the same without payment of any additional royalty, charge, or other compensation to Consultant. Upon the termination of this Agreement, or upon request of City, during any stage of the Services, Consultant shall promptly deliver all such materials to City. Consultant shall not publish, transfer, license or, except in connection with carrying out obligations under this Agreement, use or reuse all or any part of such reports and other documents, including working pages, without the prior written approval of City, provided, however, that Consultant may retain copies of the same for Consultant's own general reference. 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 CI 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. N. 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 together with interest at the highest rate permitted by applicable law, and shall reimburse all of City's expenses for and in connection with the audit respecting such invoice. I. Indemnity. Consultant shall defend, indemnify and hold harmless the City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including but not limited to costs, and fees, including attorney's fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Consultant or Consultant's subcontractors, employees, agents or subcontractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. Nothing contained herein shall be construed as prohibiting the City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. The Consultant shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1- 101 et seq. At the City Corporation Counsel's option, Consultant must defend all suits brought upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Consultant of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Agreement by Consultant must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City. 5 To the extent permissible by law, Consultant waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums due under any Losses, including any claim by any employee of Consultant that may be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision, including but not limited to, Kotecki v. Cyclops Welding Corporation, 146 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 caused or contributed to by Consultant, and insuring Consultant against claims which may arise out of or result from Consultant's performance or failure to perform the Services hereunder: (1) worker's compensation in statutory limits and employer's liability insurance in the amount of at least $500,000, (2) comprehensive general liability coverage, and designating City as additional insured for not less than $3,000,000 combined single limit for bodily injury, death and property damage, per occurrence, (3) comprehensive automobile liability insurance covering owned, non -owned and leased vehicles for not less than $1,000,000 combined single limit for bodily injury, death or property damage, per occurrence, and (4) errors and omissions or professional liability insurance respecting any insurable professional services hereunder in the amount of at least $1,000,000. Consultant shall give to the City certificates of insurance for all Services done pursuant to this Agreement before Consultant performs any Services, and, if requested by City, certified copies of the policies of insurance evidencing the coverage and amounts set forth in this Section. The City may also require Consultant to provide copies of the Additional Insured Endorsement to said policy(ies) which name the City as an Additional Insured for all of Consultant's Services and work under this Agreement. Any limitations or modification on the certificate of insurance issued to the City in compliance with this Section that conflict with the provisions of this Section shall have no force and effect. Consultant's certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without thirty (30) days prior written notice (hand delivered or registered mail) to City. Consultant understands that the acceptance of certificates, policies and any other documents by the City in no way releases the Consultant and its A subcontractors from the requirements set forth herein. Consultant expressly agrees to waive its rights, benefits and entitlements under the "Other Insurance" clause of its commercial general liability insurance policy as respects the City. In the event Consultant fails to purchase or procure insurance as required above, the parties expressly agree that Consultant shall be in default under this Agreement, and that the City may recover all losses, attorney's fees and costs expended in pursuing a remedy or reimbursement, at law or in equity, against Consultant. Consultant acknowledges and agrees that if it fails to comply with all requirements of this Section, that the City may void this Agreement. K. Confidentiality. In connection with this Agreement, City may provide Consultant with information to enable Consultant to render the Services hereunder, or Consultant may develop confidential information for City. Consultant agrees (i) to treat, and to obligate Consultant's employees to treat, as secret and confidential all such information whether or not identified by City as confidential, (ii) not to disclose any such information or make available any reports, recommendations and /or conclusions which Consultant may make for City to any person, firm or corporation or 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, 5ILCS 140/7(2), records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure within limited statutory timeframes (five (5) working days with a possible five (5) working day extension). Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the Consultant's control, the Consultant shall promptly provide all requested records to the City so that the City may comply with the request within the required timeframe. The City and the Consultant shall cooperate to determine what records are subject to such a request and whether or not any exemptions to the disclosure of such records, or part thereof, is applicable. Vendor shall indemnify and defend the City from and against all claims arising from the City's exceptions to disclosing certain records which Vendor may designate as proprietary or confidential. Compliance by the City with an opinion or a directive from the Illinois Public Access Counselor or the Attorney General under FOIA, or with a decision or order of Court with jurisdiction over the City, shall not be a violation of this Section. L. Use of City's Name or Picture of Property. Consultant shall not in the course of performance of this Agreement or thereafter use or permit the use of City's name nor the name of any affiliate of City, nor any picture of or reference 7 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 liens for labor performed, material supplied or used by Consultant and/or any other person in connection with the Services undertaken by consultant hereunder, and shall not at any time suffer or permit any lien or attachment or encumbrance to be imposed by any subConsultant, supplier or materialmen, or other person, firm or corporation, upon City property or any improvements thereon, by reason or any claim or demand against Consultant or otherwise in connection with the Services. P. Notices. Every notice or other communication to be given by either party to the other with respect to this Agreement, shall be in writing and shall not be effective for any purpose unless the same shall be served personally or by United States certified or registered mail, postage prepaid, addressed if to City as follows: City of Evanston, 2100 Ridge Avenue, Evanston, Illinois 60201, Attention: Purchasing Division and to Consultant at the address first above set E. forth, or at such other address or addresses as City or Consultant may from time to time designate by notice given as above provided. Q. Attorney's Fees. In the event that the City commences any action, suit, or other proceeding to remedy, prevent, or obtain relief from a breach of this Agreement by Consultant, or arising out of a breach of this Agreement by Consultant, the City shall recover from the Consultant as part of the judgment against Consultant, its attorneys' fees and costs incurred in each and every such action, suit, or other proceeding. R. Waiver. Any failure or delay by City to enforce the provisions of this Agreement shall in no way constitute a waiver by City of any contractual right hereunder, unless such waiver is in writing and signed by City. S. Severability. In the event that any provision of this Agreement should be held void, or unenforceable, the remaining portions hereof shall remain in full force and effect. T. Choice of Law. The rights and duties arising under this Agreement shall be governed by the laws of the State of Illinois. Venue for any action arising out or due to this Agreement shall be in Cook County, Illinois. The City shall not enter into binding arbitration to resolve any dispute under this Agreement. The City does not waive tort immunity by entering into this Agreement. U. Time. Consultant agrees all time limits provided in this Agreement and any Addenda or Exhibits hereto are of essence to this Agreement. Consultant shall continue to perform its obligations while any dispute concerning the Agreement is being resolved, unless otherwise directed by the City. V. Survival. Except as expressly provided to the contrary herein, all provisions of this Agreement shall survive all performances hereunder including the termination of the Consultant. VI. EQUAL EMPLOYMENT OPPORTUNITY In the event of the Consultant's noncompliance with any provision of Section 1- 12-5 of the Evanston City Code, the Illinois Human Rights Act or any other applicable law, the Consultant may be declared nonresponsible and therefore ineligible for future contracts or subcontracts with the City, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of the contract, the Consultant agrees as follows: A. That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital 0 status, national origin or ancestry, or age or physical or mental disabilities that do not impair ability to work, and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. Consultant shall comply with all requirements of City of Evanston Code Section 1-12-5. B. That, in all solicitations or advertisements for employees placed by it on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, or disability. VII. SEXUAL HARASSMENT POLICY The Consultant certifies pursuant to the Illinois Human Rights Act (775 ILCS 5/2- 105 et. seq.), that it has a written sexual harassment policy that includes, at a minimum, the following information: A. The illegality of sexual harassment; B. The definition of sexual harassment under State law; C. A description of sexual harassment utilizing examples; D. The Consultant's internal complaint process including penalties; E. Legal recourse, investigation and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission, and directions on how to contact both; and F. Protection against retaliation as provided to the Department of Human Rights. Vlll. CONSULTANT CERTIFICATIONS A. Consultant acknowledges and agrees that should Consultant or its subconsultant provide false information, or fail to be or remain in compliance with the Agreement, the City may void this Agreement. B. Consultant certifies that it and its employees will comply with applicable provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. Section 1201 et seq.) and applicable rules in performance under this Agreement. C. If Consultant, or any officer, director, partner, or other managerial agent of Consultant, has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, 10 Consultant certifies at least five years have passed since the date of the conviction. D. Consultant certifies that it has not been convicted of the offense of bid rigging or bid rotating or any similar offense of any State in the U.S., nor made any admission of guilt of such conduct that is a matter of record. (720 ILCS 5/33 E-3, E-4). E. In accordance with the Steel Products Procurement Act, Consultant certifies steel products used or supplied in the performance of a contract for public works shall be manufactured or produced in the U.S. unless the City grants an exemption. F. Consultant certifies that it is properly formed and existing legal entity, and as applicable, has obtained an assumed name certificate from the appropriate authority, or has registered to conduct business in Illinois and is in good standing with the Illinois Secretary of State. G. If more favorable terms are granted by Consultant to any similar governmental entity in any state in a contemporaneous agreement let under the same or similar financial terms and circumstances for comparable supplies or services, the more favorable terms shall be applicable under this Agreement. H. Consultant certifies that it is not delinquent in the payment of any fees, fines, damages, or debts to the City of Evanston. IX. INTEGRATION This Agreement, together with Exhibits A, B, C, and D sets forth all the covenants, conditions and promises between the parties with regard to the subject matter set forth herein. There are no covenants, promises, agreements, conditions or understandings between the parties, either oral or written, other than those contained in this Agreement. This Agreement has been negotiated and entered into by each party with the opportunity to consult with its counsel regarding the terms therein. No portion of the Agreement shall be construed against a party due to the fact that one party drafted that particular portion as the rule of contra proferentem shall not apply. In the event of any inconsistency between this Agreement, and any Exhibits, this Agreement shall control over the Exhibits. In no event shall any proposal or contract form submitted by Consultant be part of this Agreement unless agreed to in a writing signed by both parties and attached and referred to herein as an Addendum, and in such event, only the portions of such proposal or contract form consistent with this Agreement and Exhibits hereto shall be part hereof. M IN WITNESS WHEREOF, the parties hereto have each approved and executed this Agreement on the day, month and year first above written. CONSULTANT:-t3F---Hi.F-5 15e Il �S By Its: FT-,tIc-,f I FEIN Number: '2--1(0-35394ir7 Date: Doi-, Ot .. 2Zoil- CITY OF EVANSTON 2100 RIDGE AVENUE EVANSTON, IL 60201 By. iN -..? Its. G<< h O 4-,04b6t, Date: W. 3 - /2 AApp/roved as to form: W. Grant Farrar Corporation Counsel 12 EXHIBIT A — Project Milestones and Deliverables This EXHIBIT A to that certain Consulting Agreement dated April 2, 2012 between the City of Evanston, 2100 Ridge Avenue, Evanston, Illinois, 60201("City") and Behles + Behles ("Consultant") sets forth the Commencement and Completion Date, Services, Fees, and Reimbursable Expenses as follows: 1. COMMENCEMENT DATE: April 9.2012 II. COMPLETION DATE: March 31.2013 III. FEES: $47,500.00 IV. SERVICES/SCOPE OF WORK: As defined in RFP # 12-109 (Exhibit B) and Consultants Response to Proposal (Exhibit C) Dated: March 6.2012 The City notes and agrees to the following exception to Article V.L of this professional services agreement under the condition that any intent to use the City as a reference must first be approved by the City of Evanston: Behles + Behles requests the right to use the City of Evanston as a reference in future marketing communications with prospective clients and to use representations, photos, etc. of the completed project in their promotional material. Therefore, Behles + Behles requests to strike paragraph V.L. iRl Exhibit B REQUEST FOR PROPOSAL NUMBER: 12-109 for Consulting Services for Washroom Renovations At Lorraine H. Morton Civic Center PROPOSAL DEADLINE: 2:00 P.M. March 06. 2012. Room 4200, Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston, Illinois, 60201 SEALED PROPOSALS TO BE RETURNED TO: CITY OF EVANSTON PURCHASING DIVISION, ROOM 4200 LORRAINE H. MORTON CIVIC CENTER 2100 RIDGE AVENUE EVANSTON, ILLINOIS 60201 PHONE (847)866-2935 * FAX (847)448-8128 14 TABLE OF CONTENTS Notice to Proposers" 11 .&1111 11 Illlbv.ld &I &IN* &It 1111111110 1.0 Introduction.................................................................................................4 2.0 Scope of 5ervices.......................................................................................6 3.0 Insurance....................................................................................................11 4.0 Submittal Requirements.............................................................................12 5.0 Additional Submittal Requirements.......................................................13 6.0 M/W/EBE Goals..........................................................................................13 7.0 Evaluation Criteria......................................................................................13 8.0 Selection Process.......................................................................................14 9.0 Proposed Schedule...........................................................................15 10.0 Questions Regarding RFP..........................................................................15 11.0 General Terms and Conditions...................................................................15 ExhibitA —Fee Proposal...........................................................................................21 Exhibit C — Disclosure of Ownership Interests......................................................111122 Exhibit G — Conflict of Interest Form",, k 26 Exhibit H P1111111111 ..... ......... .......... — Acknowledgement of Understanding......................................................27 Exhibit J — Schedule of Additional M/W/EBE Subcontractors'.,,,,, Exhibit K — b, "I'll", Letter of Intent from M/W/EBE to Perform as a Subcontractor, 1*28 Supplier, and/or Consultant and Affirmation of M/W/EBE Status ............29 Exhibit L — Affidavit of M/W/EBE Goal Implementation Plan.....................................31 Exhibit T — Anti -Collusion Affidavit and Proposers Certification................................33 Exhibit S — M/W/EBE Waiver Requirements.............................................................34 Exhibit M — M/W/EBE Participation Waiver Request.................................................36 Exhibit 11 — Construction Contractors Assistance Organizations..............................37 Exhibit O — Professional Services Agreement....".,.",.,. ............... P111111 111111111138 Exhibit P — Existing Floor Plans...............................................................................51 iF7 aw&]A %1.F'3io]zI NOTICE TO PROPOSERS Sealed proposals 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 March 06, 2012. Proposals shall cover the following: Consulting Services for Washroom Renovations at the Lorraine H. Morton Civic Center RFP # 12-109 The City of Evanston's Department of Parks, Recreation and Community Services is seeking proposals from experienced firms to survey existing conditions, develop conceptual designs, develop a phasing scheme, prepare construction documents, assist with bidding and perform construction administration for washroom renovations at the Lorraine H. Morton Civic Center, located at 2100 Ridge Avenue in Evanston. The above items shall conform to the Request for Proposal (RFP) on file in the Office of the Purchasing Manager. The Request for Proposal will be available in the Office of the Purchasing Manager on February 09, 2012. The City (the City of Evanston) in accordance with the laws of the State of Illinois, hereby notifies all firms that it will affirmatively ensure that the contract(s) entered into pursuant to this notice will be awarded to the successful firm without discrimination on the grounds of race, color, religion, sex, age, sexual orientation marital status, disability, familial status or national origin. The City of Evanston reserves the right to reject any or all submittals or to accept the submittal(s) deemed most advantageous to the City. The Evanston City Council also reserves the right to award the contract to an Evanston firm if that firm's bid is within 5% of the low bid. Each Proposer shall be required to submit with his/her proposal a Disclosure of Ownership Interest Statement Form in accordance with Section 1-18-1 et seq. of the City Code. Failure to submit such information may result in the disqualification of such proposal. Jewell Jackson Manager, Purchasing and Contracts in CITY OF EVANSTON REQUEST FOR PROPOSAL 1.0 INTRODUCTION 1.1 Existing Facility Description The City is seeking proposals for professional services associated with proposed washroom renovations at the Lorraine H. Morton Civic Center (LHMCC), located at 2100 Ridge Avenue. The LHMCC is an 'L' shaped facility with a south wing spanning east -west and a north wing spanning north -south. The facility has 5 stories and an attic. The building is vertically served with two elevators and two main staircases. In addition, there are two emergency exit staircases. Public access occurs on the west at two accessible entrances and one staircase entrance on west facing parking lot. Additionally, there are two noncompliant entrances on the east facing fagade along Ridge Avenue. The building's existing occupants and washroom availability is as follows (see Exhibit P — Existing Floor Plans for additional information): Ground Floor 1. Space is occupied by the Health Department, building operations and electrical/mechanical spaces 2. The floor is served by one accessible unisex washroom in the south wing. First Floor 1. 2. Space is occupied by Human Resources, the City Clerk, the City Collector and Parks, Recreation and Community Services The floor is served by a non -accessible men's washroom in the south wing. 3. There is no publicly available women's washroom on this floor Second Floor 1. N Third Floor 1. Space is occupied by Administrative Adjudication, Council Chambers, Mayor's Office, Meeting Rooms, Cafeteria and Information Technology. The floor is served by accessible men's and women's washrooms located immediately adjacent to the City Council chambers in the south wing. Space is occupied by Public Works, and Community and Economic Development. The floor is served by a non -accessible men's washroom in the south wing and an accessible women's washroom in the north wing. 17 Fourth Floor Attic Space is occupied by the City Manager, Accounting, Payroll, Purchasing, Finance and meeting space. The floor is served by a non -accessible men's washroom in the south wing and an accessible women's washroom in the north wing. Space is used for storage and cell company tenant communications equipment. No washrooms exist in the attic. 1.2 Anticipated Program The main intent of this project is to renovate washrooms in the building's south wing, including adding a new women's washroom on the first floor, in order to bring the facilities up to current code requirements as well as provide upgraded and more attractive, easily maintained and modern finishes. Please note the City anticipates that available funding will only support the renovation of washrooms on two of the four main floors at this time. As a result, the selected consultant shall be required to conceptually design renovation work on all four floors, work with City staff to devise a scheme for phased implementation and then proceed with construction documents, bidding and construction administration of the selected improvements for phase 1 work. The following are required in order to accomplish this goal: 1. Review and utilize the Scope of Work prepared by the City. 2. Conduct site visits and field measurements of the existing washrooms and adjacent areas as required. Please note, the City's available data cannot be relied on for the preparation of construction documents and consultants will be required to perform field verification of all documents provided. 3. Prepare conceptual document of proposed washroom renovations on floors 1 through 4 including the addition of a new women's washroom on the first floor. 4. Work with the Owner to develop a strategy to implement the renovations over multiple phases. 5. Assist the Owner with identifying and selecting code compliant solutions. 6. Produce all documents necessary to construct the first phase of the washroom renovations. 7. Assist the Owner during the bidding process. 8. Provide construction administration services during construction. 1.3 Available City of Evanston Data and Assistance includes: Any Available floor plans (in AutoCAD Version 2007 or hardcopies). City of Evanston staff project management. iu- 3. Review of proposed solutions. 4. Division 0 and Division 1 specifications. 5. Advertisement for the construction bid. 6. Payment of permit fees. Please note: Documents provided by the City of Evanston should be utilized in the completion of respondent proposals where possible. The City of Evanston endeavors to provide accurate information but cannot guarantee the accuracy of information provided for use on this project. 1.4 Contract Terms The contract term desired is for a period of twelve (12) months or until completion of construction, whichever comes first. 1.5 Rules of Contact Contact with City personnel in connection with this RFP shall not be made other than as specified in this RFP Unauthorized contact of any City personnel may be cause for rejection of a proposal. 1.6 Proposer Examination Prior to the submittal of a proposal, Proposers are advised to carefully examine: 1. the contract documents 2. project scope and work tasks to be accomplished 3. specifications 4. 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. 1.7 Costs Borne by Proposer 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 2.1 Scope of Work (see anticipated program above for additional information) A. Architecture B. Structural Engineering (if required) C. Mechanical Engineering Wel D. Plumbing Engineering E. Electrical Engineering F. Fire Protection Engineering (if required by code) 2.2 Scope of Services 1. General a. The Consultant's Scope of Services includes normal architectural and engineering services. b. All drawings are to be prepared using Autocad Version 2007 software and vector line graphics; no manual drafting or raster image drawings will be accepted. All drawings shall be produced in architectural (foot and inch) units. C. The Professional Consultant shall prepare and provide to Owner within five (5) business days after each meeting, detailed minutes, recording attendance and a summary of all items discussed. 2. Phase 1 —Field Review, Conceptual Design and Phasing Determination a. The Consultant shall review the Scope of Work provided by the Owner and shall conduct field reviews and investigations as required in order to prepare adequate base drawings for design and assess existing infrastructure. Additionally, the Consultant shall review building occupancy codes in order to determine needed fixture counts and make recommendations to the Owner on how best to address those requirements. The Consultant shall meet with the Owner to discuss preliminary findings and shall discuss initial thoughts on strategy with the Owner. b. The Consultant shall prepare conceptual designs for renovations to washrooms on floors 1 through 4 of the south wing including a new women's washroom on the first floor. The consultant's conceptual design shall include preliminary cost estimates and a recommended strategy to implement the improvements over multiple phases. The Consultant shall meet with the Owner to review the conceptual design, preliminary estimates and recommended phasing strategy. The Consultant shall revise the conceptual design, preliminary estimates and phasing strategy to meet the Owner's requirements as needed before proceeding to the construction document phase. b. Deliverable items for this Phase shall include the following: 1. Written report detailing findings and concept designs. 2. Three (3) meetings (one kick off, one to discuss preliminary findings and one to discuss concepts and phasing) 3. Minutes from all meetings 3. Phase 2 — Construction Document Development a. Based upon the results of Phase 1, the Consultant shall prepare Construction Documents. Construction Documents shall consist of drawings, technical, bidding and contracting specifications and cost Pi estimates. The Consultant shall meet with the Owner to review the Construction Documents at various stages to discuss and refine the Project. The Consultant shall provide written disposition to all Owner review comments. b. At or before the 100% Submittal, the Consultant shall submit the Construction Documents to the City of Evanston's Community Development Department for the purpose of obtaining a building permit. The Consultant shall make all corrections required by the Building Official prior to the solicitation of bids. C. The Consultant shall advise the Owner of any cost estimate adjustments indicated by changes in Project requirements or general market conditions. The Owner shall be given a reasonable opportunity to respond to any budget issues and allowed to reduce or increase the scope of work, using alternate bid items or otherwise, to bring the projected costs within the Project Budget at no additional cost. d. Deliverable items for this Phase shall include the following: 1. 75% Construction Documents: 8 bound Drawing sets (11x17), outline Specifications and Itemized Cost Estimate 2. 100% Construction Documents: 8 bound Drawing sets (11x17), 4 spiral bound sets of Specifications, Itemized Cost Estimate, 75% Owner mark-ups and written disposition of Owner 75% comments 3. Submission of Contract Documents to Community Development Department (4 bound Drawing sets — 11 x17). 4. Three (3) review meetings 5. Minutes from all meetings 4. Phase 3 — Bidding and Negotiations a. Following the Owner's review and approval of the 100% Submittal and the completion of the Construction Document Phase, the Consultant shall prepare Construction Documents for Bidding, consisting of drawings, technical, bidding and contracting specifications and a final cost estimate. b. The Consultant shall assist the Owner in Bid preparation, assist plan holders with any questions and/or problems encountered during the Bid period, prepare addenda to bidding documents as required and attend pre -bid meeting(s) to further assist plan holders with questions or problems associated with the Project. C. The Consultant shall obtain copies of all itemized bid forms, review all bids, contact bidder references and submit written recommendations to the Owner for contract award. d. Deliverable items for this Phase shall include the following: 1. Bid Sets: 40 bound sets of Construction Documents (22x34), 40 spiral bound sets of Specifications, Final Itemized Cost Estimate, 100% Owner mark-ups and written disposition of Owner 100% comments 21 2. Addendum preparation and plan holder assistance (as required) 3. Attendance and minutes from pre -bid meeting(s) 4. Bid analysis, written contractor reference review and written recommendation for contract award 5. Phase 4 — Construction Administration a. Following contract award for Project construction, the Consultant shall provide the following Pre -Construction Services: 1. Prepare and distribute Construction Documents to the General Contractor(s) and Owner. These documents shall include all bidding documents and shall incorporate any subsequent addenda and/or alternate bid item selections occurring during the Bidding and Negotiations Phase. 2. Prepare and submit to the Owner a compact disc containing electronic files of all drawings and specifications created for the Project. 3. Coordinate and attend pre -construction activities and meeting(s) with the General Contractor, major suppliers and subcontractors. b. During Project construction, the Consultant shall provide the following Construction Observation Services: 1. The Consultant shall visit the site a minimum of four (4) times per month (once per week) to become familiar with the progress and quality of the Work completed, to determine if the Work is being performed in accordance with the Contract Documents and to conduct construction meetings. These meetings shall be attended by the Owner, General Contractor, major suppliers and subcontractors to review construction progress and resolve issues. On the basis of on -site observations, the Consultant shall keep the Owner informed of the progress and quality of the Work and shall guard the Owner against defects and deficiencies in the Work. The Consultant shall prepare Field Observation Reports / meeting minutes for all construction observation activities and shall distribute these reports to the Owner within five (5) business days. C. During Project construction, the Consultant shall provide the following Construction Administration Services: 1. The Consultant shall review and approve or take other appropriate action upon Contractor submittals such as Shop Drawings, Product Data and Samples for the purpose of checking for conformance with the Construction Documents within five (5) business days of receipt. 2. The Consultant shall review Contractor Requests for Payment and other related documents, including tracking of trailing lien waivers and certified payroll, prior to approving 22 21 e. each Application for Payment. Based on the Consultant's observations and evaluations of the Contractor's Applications for Payment, the Consultant shall certify the amounts due the Contractor. The Consultant's certification for payment shall constitute a representation to the Owner that the Work has progressed to the point indicated and is in accordance with the Construction Documents. Certifications for Payment must be received by the Owner in accordance with the Owner's payment schedule. The Consultant shall ensure that this occurs by coordinating billing efforts with the Owner and Contractor. 3. The Consultant shall prepare Project Bulletins, review Contractor Proposals, and review and respond to Contractor Requests for Information as required throughout the course of construction. The Consultant shall prepare Construction Clarifications and/or Change Orders with supporting documentation, drawings, instructions and data if deemed necessary by the Owner. These documents shall be prepared for the Owner's approval and execution in accordance with the Construction Documents. 4. With the Owner's approval, the Consultant shall have the authority to: reject Work not conforming to the Construction Documents, require additional inspection or testing of the Work in accordance with the provisions of the Construction Documents, whether or not such Work is fabricated, installed or completed, and authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time. During closeout of Project construction, the Consultant shall provide the following Construction Administration Services: 1. The Consultant shall conduct inspections to determine Substantial and Final Project completion. Upon notification by the Contractor of Project completion, the Consultant shall conduct punch list inspection(s) and prepare and distribute Project punch list(s) to the Contractor and Owner. The Consultant shall receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Construction Documents as assembled by the Contractor and shall issue a final Certificate for Payment upon compliance with the requirements of the Construction Documents. Deliverable items for this Phase shall include the following: 1. Hardcopy Construction Documents (22x34) (as required) 2. Electronic Construction Documents (compact disc format, AutoCAD 2007 and PDF for drawings, Word or Excel for specifications) 23 3. Pre -construction meeting(s) 4. Construction observations / meetings (minimum of 4 per month) and written Field Observation Reports / meeting minutes 5. Review and approval of shop drawings, product data and samples (as required) 6. Record copies of approved shop drawings (electronic PDF format) 7. Application for payment certification (as required) 8. Review, preparation and distribution of Bulletins, Contractor Proposals, Construction Clarifications and Change Orders (as required) 9. Substantial and Final completion review and certificates and Project punch list(s) preparation and distribution Consultant shall carry and maintain at its own cost with such companies as are reasonably acceptable to City all necessary liability insurance (which shall include as a minimum the requirements set forth below) during the term of this Agreement, for damages caused or contributed to by Consultant, and insuring Consultant against claims which may arise out of or result from Consultant's performance or failure to perform the Services hereunder. The consultant must provide an insurance certificate naming the City of Evanston as an additional insured and will provide a variety of insurances including: comprehensive general liability - $3,000,000 combined single limit for each occurrence for bodily injury and property damage — designating the City as Additional Insured Workers Compensation - Statutory Limits Automobile Liability - $1,000,000 per occurrence for all claims arising out of bodily injuries or death and property damages. • errors and omissions or professional liability insurance - $1,000,000 The surety and the insurance company must have not less than an A+ rating from the Alfred M. Best Co., Inc. and be approved by the City of Evanston. Consultant's certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without thirty (30) days prior written notice (hand delivered or registered mail) to City. 24 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 The cover letter will include the following: ■ introduction of firm ■ signed by an authorized Principal of the firm ■ include the name, address and phone number of the firm submitting the proposal ■ include the name and signature of an authorized binding official who is authorized to answer questions regarding the firm's proposal B. Qualifications and Experience of Firm and/or Team ■ All respondents shall describe other contracts (at least 5, but no more than10) similar in scope, size or discipline to the required services described herein, performed or undertaken within the past five years ■ The respondent must provide references, including name, address and telephone number of a contact person for each project identified and described ■ Indicate commencement dates, duration and type of operation ■ Provide a list of all Municipal clients in Illinois C. Project Manager Clearly identify the professional staff person who would be assigned as Project Manager(s) and provide a resume for this individual. The proposal should indicate the abilities, qualifications and experience of this individual. D. Fees Provide a copy of your fees/prices on the attached fee proposal form (see Exhibit A). E. Contract The City has attached its standard contract in Exhibit O. List all exceptions to the contract. al 5.0 ADDITIONAL SUBMISSION REQUIREMENTS A. Project Approach All respondents must submit a narrative describing their proposed project approach. How will the project be accomplished? What key elements does your firm or team offer? B. Schedule All respondents must submit a narrative describing their willingness to provide services within the identified schedule. C. Consultant Staff All respondents shall clearly identify the professional staff person(s) who would lead and participate in this project. The proposal should indicate the abilities, qualifications and experience of all persons who would be assigned to provide the required services. D. Required Forms All respondents shall complete all attachments provided. 6.0 M/W/EBE GOALS The City has a goal of 25% of the contract amount for the participation and utilization of Minority -Owned, Women -Owned, and Evanston -based businesses (M/W/EBEs) in completing a portion of the services required by the City. All respondents must submit a 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 iiacksonn.citvofevanston.ora with a copy to Joe McRae, Deputy City Manager, imcrae(o.citvofevanston.ora. 7.0 EVALUATION CRITERIA The City will select the successful firm through an evaluation process based on the firm meeting the specifications which are outlined in this RFP. A review committee will review in detail all proposals that are received. During the evaluation process, the City may require a Proposer's representative to answer questions with regard to the proposal 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 listed below will be used in the selection of the successful Proposer: 99 A. Qualifications and Expertise B. Project Approach C. Price D. Organization and Completeness of Proposal E. Willingness to Execute the City of Evanston's Standard Agreement F. M/W/EBE Participation G. Adherence to Schedule 8.0 SELECTION PROCESS The City will select a firm on the basis of the responsiveness of the proposal to the RFP submittal requirements, the evaluation criteria stated above and the demonstrated willingness to execute an acceptable written contract. The City reserves the right to reject any or all proposals, and to request written clarification of proposals and supporting materials from the Proposer. 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 27 and all other evaluation factors which are set forth in this Request for Proposal No other factors or criteria not listed in this RFP shall be used in the evaluation. 9.0 PROPOSED SCHEDULE The tentative schedule for this RFP and project process is as follows: 1. RFP issued .................................................. February 9.2012 2. Last Day to submit questions ....................... February 16. 2012 3. Final Addendum Issued ............................... February 23. 2012 4. RFP Submission Due Date ..........................March 6. 2012 5. Shortlisted Consultant Interviews ................ March 23, 2012 6. City Council Award of Contract ....................April 10. 2012 7. Contract Effective ........................................ Aoril 23. 2012 8. Phase 1....................................................... May 2012 9. Phase 2....................................................... June to July 2012 10. Phase 3.......................................................Auoust to September 2012 11. Phase 4....................................................... October 2012 to Jan. 2013 10.0 QUESTIONS REGARDING RFP All questions related to this RFP should be submitted in writing to Jewell Jackson, Manager, Purchasing and Contracts, at iiacksonCc)-citvofevanston.ora with a copy to Anil Khatkhate, Project Manager at a kh atkhatena.citvofevan ston. ora. 11.0 GENERAL TERMS AND CONDITIONS A. Confidentiality In connection with this Agreement, City may provide Consultant with information to enable Consultant to render the Services hereunder, or Consultant may develop confidential information for City. Consultant agrees (i) to treat, and to obligate Consultant's employees to treat, as secret and confidential all such information whether or not identified by City as confidential, (ii) not to disclose any such information or make available any reports, recommendations and /or conclusions which Consultant may make for City to any person, firm or corporation or use the same in any manner whatsoever without first obtaining City's written approval, and (iii) not to disclose to City any information obtained by Consultant on a confidential basis from any third party unless Consultant shall have first received written permission from such third party to disclose such information. Pursuant to the Illinois Freedom of Information Act, 51LCS 140/7(2), records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure within limited statutory timeframes (five (5) working days with a possible five (5) working day extension). Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the Consultant's control, the Consultant shall promptly provide all requested records to the City so that the City may comply with the request within the required timeframe. The City and the Consultant shall cooperate to determine what records are subject to such a request and whether or not any exemptions to the disclosure of such records, or part thereof, is applicable. 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 is to notify the firm of the request for disclosure, and the City shall not be liable for any damages resulting out of such disclosure, whether such disclosure is deemed required by law, by an order of court or administrative agency, or occurs through inadvertence, mistake, negligence on the part of the City or its officers, or employees. B. Withdrawal of Proposal Proposals may be withdrawn prior to the submittal deadline. Withdrawal may be attained by written request; however, no offer can be withdrawn within the ninety (90) day period which occurs after the time is set for closing. Proposers who withdraw their proposals prior to the designated date and time may still submit another proposal if done in accordance with the proper time frame. C. Exceptions to Specifications Exceptions to these specifications shall be listed and explained on a separate page titled "Exceptions to Specifications", which shall be prepared by the Proposer. This page shall then be attached to these documents and submitted at the same time as the proposal. Each exception must refer to the page number and paragraph to which it is relevant. The nature and reasoning of each exception shall be explained in its entirety. Any exceptions to these specifications may be cause for rejection of the proposal. D. Hold Harmless The contractor agrees to hold harmless the City of Evanston and all of its agents, servants, and employees against any and all lawsuits, claims, demands, liabilities, losses, and/or expenses; including court costs and attorneys' fees on account of injury to any person, or any death resulting from such injury, or any damage to property which may have arisen from work specifically related to the contract and/or project. 29 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 The contract is for twelve (12) months or completion of construction whichever comes first. The City may terminate a contract for either cause or convenience. G. Non -Appropriation of Funds The City of Evanston reserves the right to terminate in whole or in part the contract in the event that sufficient funds to complete the contract are not appropriated by the City of Evanston's City Council. H. Property of the City All discoveries and documents produced as a result of any service or project undertaken on behalf of the City of Evanston shall become the property of the City. 1. 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 30 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 protest shall be submitted in writing within ten (10) calendar days after such aggrieved person knows or should have known of the facts giving rise thereto. • The Proposer shall submit any protests or claims regarding this solicitation to the office of the Purchasing Manager. • A pre -bid protest must be filed five (5) days before the bid opening or proposal submittal. • A pre -award protest must be filed no later than ten (10) days after the bid opening date or proposal deadline. • A post -award protest must be filed no later than ten (10) days after the award of the Contract. All claims by a Proposer against the City relating to a contract shall be submitted in writing to the Purchasing 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. 31 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. 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 32 costs incurred by the Proposer as a result of preparing a response to this RFP. 33 CITY OF EVANSTON REQUEST FOR PROPOSAL (RFP) No. 12-109 Consulting Services for Washroom Renovations at Lorraine H. Morton Civic Center SUBMITTED BY BEHLES+BEHLES architecturehited ardesignplann! n g March 6, 2012 BEHLES+ BEHLES architectu reinteriordesign plan ni ng 818 CHURCH STREET EVANSTON, ILLINOIS 60201 T 847.864.0440 F 847.864.0441 W W W.BEHLESBEHLES.COM March 6, 2012 Ms. Jewell Jackson City of Evanston Purchasing Division Lorraine H. Morton Civic Center, Room 4200 2100 Ridge Avenue Evanston, IL 60201 Re: City of Evanston Request for Proposal (RFP) No. 12-109 Consulting Services for Washroom Renovations at the Lorraine H. Morton Civic Center Dear Ms. Jackson: On behalf of BEHLES+BEHLES I am pleased to present this architectural/engineering service proposal for the City of Evanston's Washroom Renovations at the Lorraine H. Morton Civic Center Project. We understand the services required to execute the work as it is described in the RFP No. 12-109, and are able to commit the necessary time and personnel to carry out this assignment. We have visited the project site in in order to examine the site conditions, and have assembled a design team tailored to fit the project requirements. BEHLES+BEHLES, an Evanston Business Enterprise (EBE) for over 26 years, is a full -service architecture, interior design and planning firm located in Evanston, IL. The firm was established in 1984 by the two partners, Kenneth L. Behles, AIA, LEEDOO AP and Joseph J. Behles, AIA, LEEDO AP. B+B has a great deal of experience in the design and rehabilitation of public washroom facilities. We recently completed the design work for the renovation of staff toilet and locker rooms at the Evanston Service Center. Construction on that project is now underway. For the Washroom Renovations at the Lorraine H. Morton Civic Center Project, BEHLES+BEHLES shall serve as the prime architect/engineer-of-record and shall provide all project Management and Architectural Design work with it's Evanston -based, in-house personnel. The B+B team will be assisted by 20/10 Engineering Group, LLC. a Structural, Mechanical, Electrical, Plumbing, and Fire Protection Engineering firm experienced in designing engineered systems for commercial and institutional projects. The three firm principals with primary design responsibility for this project will be: BEHLES+BEHLES Kenneth L. Behles, AIA, LEEDO AP, Principal 20/10 Engineering Group Jim Barrett, PE, Principal —Structural Engineering 20/10 Engineering Group Jeff Chamberlin, PE, Principal — MEP Engineering The attached information highlights our team's qualifications in accordance with RFP No. 12-109. 1 look forward to the opportunity to work with you and the Evanston project team. We promise a creative approach and a unique, responsible solution to every design problem. Thank you for your consideration. Sincerely: Kenneth L. Behles, AIA, LEEDOO AP I T 4 City of Evanston RFP: 12-109 Consulting Services for Washroom Renovations Lorraine H. Morton Civic Center Project BEHLES+BEHLES Consulting Services for Washroom Renovations at the Lorraine H. Morton Civic Center Project CONTENTS PAGE Section 1 FIRM INTRODUCTION 1.0 Section 2 QUALIFICATIONS & PROJECT EXPERIENCE 2.0 PROJECT EXPERIENCE — EVANSTON 2.2 Section 3 PROJECT MANAGEMENT 3.0 KENNETH L. BEHLES, AIA, LEEDO AP, Professional Biography 3.1 SCOTT GARLAND, RA, LEEDOO AP, Professional Biography 3.2 Section 4 FEE PROPOSAL 4.0 EXHIBIT A 4.1 TASK/HOURS/FEE MATRIX 4.2 PROPOSED HOURLY RATE SCHEDULE 4.4 Section 5 EXHIBIT 0 —STATEMENT 5.0 Section 6 PROJECT UNDERSTANDING & APPROACH 6.0 Section 7 PROPOSED PROJECT SCHEDULE 7.0 Section 8 CONSULTANT STAFF IDENTIFICATION 8.0 DESIGN TEAM ORGANIZATIONAL CHART 8.1 JAMES A. BARRETT, PE, SE, Professional Biography 8.2 JEFF CHAMBERLIN, PE, LEEDO AP, Professional Biography 8.3 Section 9 DISCLOSURE OF OWNERSHIP INTERESTS 22 CONFLICT OF INTEREST FORM 26 ACKNOWLEDGEMENT OF UNDERSTANDING 27 M/W/EBE EXHIBITS 29 ANTI -COLLUSION AFFADAVIT 33 FIRM INTRODUCTION City of Evanston RFP: 12-109 Consulting Services for Washroom Renovations Lorraine H. Morton Civic Center Project BEHLES+BEHLES BEHLES+BEHLES architectureinteriordesignplanning 818 CHURCH STREET EVANSTON, ILLINOIS 60201 T 847.864.0440 F 847.864.0441 WWW BEHLESBEHLES.COM e: kenb(@behlesbehles.com Firm Narrative BEHLES+BEHLES, an Evanston Business Enterprise (EBE), provides design services in the fields of architecture, planning and interior design. The firm was organized in 1984 by the two founding principals, Kenneth L. Behles, AIA, LEED® AP, and Joseph J. Behles, AIA, LEED® AP. B+B is a design -oriented firm, dedicated to serving a diverse group of, institutional, educational, commercial and residential clients. Our professional staff has a wide range of project experience and creative talent. Our collaborative approach to design takes advantage of individual skills while working toward collective goals. Our design team includes architects, planners, interior designers, engineers and landscape architects. Each member is selected for his ability to contribute individual expertise within a common set of objectives. We believe the special combination of client, site and program must inform the design of each project; therefore, we approach every assignment as a unique problem, deserving of a unique design solution. Our body of work reflects both a diversity of conceptual thinking and a unity of quality and execution. Sustainable Design B+B is committed to the design of healthy, energy efficient environments that maximize the use of renewable materials and sustainable building practices. Our design team of LEED (Leadership in Energy and Environmental Design) Accredited Professionals utilizes the U.S. Green Building Council's LEED rating system to evaluate and select sustainable building systems and materials, and can assist clients who seek LEED certification for their projects. Professional Registration The Principals of BEHLES+BEHLES hold professional registration in the following states: Registered Architect, State of Illinois - License No. 01-8941 Registered Architect, State of Florida - License No. 0011021 Registered Architect, State of Wisconsin - License No. 7059 Registered Architect, State of Michigan - License No. 42252 Registered Architect, State of Missouri - License No. 2009010453 Registered Architect, State of Iowa - License No. 06405 Registered Architect, State of Connecticut - License No. 3592 NCARB Certificate Holder - Certificate No. 32328 Uff City of Evanston RFP: 12-109 Consulting Services for Washroom Renovations Lorraine H. Morton Civic Center Project BEHLES+BEHLES QUALIFICATIONS & PROJECT EXPERIENCE BEHLES+BEHLES principals and staff have a wide range of experience in the design, planning, and rehabilitation of public washroom facilities. The following list of projects highlights our experience in this area. 1......................................... City of Evanston Service Center, Evanston IL 2012 Toilet Room and Locker Room Renovation Renovation of Staff Toilet and Locker Rooms. Project includes accessibility upgrades, new fixtures, finishes, and new LED lighting. Client Reference: Stefanie Levine City of Evanston Parks, Recreation and Community Services 2100 Ridge Avenue Evanston, IL 60201 (847) 448-8043 2......................................... Loyola Academy Stadium Toilet Rooms, Wilmette, IL 2010 Design of new Public Restrooms for local high school Varsity Football Stadium. Client Reference: Chris Kournetas Loyola Academy 1100 North Laramie Avenue Wilmette, IL60091 (847) 920-2461 3......................................... YMCA of Metropolitan Chicago 2011 Irving Park YMCA, Chicago, IL Rehabilitation project included renovation of toilet and shower facilities on three floors. Client Reference: Phil Bielawski YMCA of Metropolitan Chicago 801 N. Dearborn Chicago, IL 60610 (312) 932-1292 4......................................... NE IL Council, Boy Scouts of America 2011 Ma-ka-ja-wan Scout Reservation, Pearson, WI Restroom and Shower Building Design of new Public Restroom and Shower Building serving summer camp population. Client Reference: John Mosby NE IL Council, Boy Scouts of America 2745 Skokie Valley Road Highland Park, IL 60035 (847) 748-9153 2.0 City of Evanston RFP: 12-109 Consulting Services for Washroom Renovations Lorraine H. Morton Civic Center Project BEHLES+BEHLES 5......................................... Winnetka Community House Needs Assessment 2011 This facility analysis included the assessment of the 100-year-old Community Center physical plant in order to identify, prioritize, and budget recommended physical improvements. The project included the renovation and relocation of public toilet rooms on three floors. The project is currently in the fund-raising phase. Client Reference: Tim McCabe, Executive Director Winnetka Community House 620 Lincoln Avenue Winnetka, IL 60093 (847)881-9333 6......................................... Cafeteria Building, The Allendale Assoc., Lake Villa, IL 2010 New 7,100 sf student Cafeteria. Project included design of new public restrooms for a student population of 100. Project achieved LEED Silver Certification from USGBC. Client Reference: Mary Shahbazian, President The Allendale Association P O Box1088 Lake Villa, IL 60046 (847)245-6218 7......................................... YMCA of Metropolitan Chicago 2009 Camp Independence at Camp Duncan, Volo, IL Programming, Master Plan Development & Design of a new residential camp open year round for wheelchair and limited -mobility campers. The first building, completed in 2009, provided toilet and shower facilities for physically challenged young adults. Client Reference: Kim Kaiser YMCA Camp Duncan Ingleside, IL 60041 (847)546-8086 8......................................... Loyola Academy West Athletic Campus, Glenview, IL 2005 Restroom/Concessions Building Design of Public Restrooms and Concessions Building serving new high school athletic fields, located on a satellite campus Client Reference: IL MUNICIPAL CLIENTS Chris Kournetas Loyola Academy 1100 North Laramie Avenue Wilmette, IL 60091 (847)920-2461 City of Evanston Village of Kenilworth Village of Winnetka 2.1 City of Evanston RFP: 12-109 Consulting Services for Washroom Renovations Lorraine H. Morton Civic Center Project BEHLES+BEHLES PROJECT EXPERIENCE EVANSTON BEHLES+BEHLES, an Evanston business Enterprise (EBE), has been located in Evanston Illinois since the establishment of the firm in 1985. The following list of clients and projects highlights our work within the City of Evanston. Institutional City of Evanston Service Center Renovation (in progress) City of Evanston Animal Shelter (on hold) Shell Catholic Center at Northwestern University Northwestern University Norris Center Banking Center YWCA Swimming Pool Addition YWCA Commercial Kitchen First Northern Credit Union Noyes Cultural Arts Center Studios Evanston Arts Center Projects Pope John XXIII Pre -School City of Evanston Levy Senior Center — Chicago Avenue Facility Commercial First Bank & Trust — 820 Church Street Facility First Bank & Trust — Central Street Branch First Bank & Trust — Benson Street Branch First Bank & Trust — Main Street Branch LaSalle Bank/Bank of America - Chicago Ave. Facility BEHLES+BEHLES —Office Interior Robinson Enterprises — Corporate Offices Cyrus Realty— Corporate Offices 816-818 Church St Fagade Rehabilitation Retail Cafe Ambrosia McDonald's Restaurant Mostly Handmade First Northern Credit Union Landlord Services 820 Church Street — First Bank & Trust 708 Church Street — Farnsworth Hill 1615 Sherman — Robinson Properties 1033 University — Scribcor 1880 Oak Street — Scribcor 2929 Central Street — Cyrus Realty Hahn Building — Lobby Renovation Carlson Building — Lobby Renovation Residential 1019-1023 Simpson Townhomes Site Study Approximately 20 Single Family Residences — Additions & Alterations W6 PROJECT MANAGEMENT City of Evanston RFP: 12-109 Consulting Services for Washroom Renovations Lorraine H. Morton Civic Center Project BEHLES+BEHLES Architectural and Engineering services for the Washroom Renovations at the Lorraine H. Morton Civic Center Project will be managed by the following individuals: Project Principal Kenneth L. Behles, AIA, LEED® AP BEHLES+BEHLES architectureinteriordesignplanning 818 Church Street Evanston, IL 60201 t 847.864.0440 f 847.864.0441 m 847.624.6336 e kenb(a)behlesbehles.com w www.behiesbehies.com Mr. Behles will serve as the primary contact for the city of Evanston and shall have primary design responsibility. His Professional biography follows on Page 3.1. Mr. Behles has served in this capacity on previous projects for the City of Evanston, and is currently serving in this capacity for the Evanston Service Center Locker Room Renovation Project. Project Architect Scott Garland, RA, LEEDOO AP BEHLES+BEHLES architectureinteriordesignplann ing 818 Church Street Evanston, IL 60201 t 847.864.0440 f 847.864.0441 e scotta(@behlesbehles.com w www.behiesbehies.com Scott Garland will serve as the B+B Project Architect, and handle day- to-day management of all B+B and consultant personnel. His Professional biography follows on Page 3.2. Mr. Garland is currently serving in this capacity for the Evanston Service Center Locker Room Renovation Project. City of Evanston RFP: 12-109 Consulting Services for Washroom Renovations Lorraine H. Morton Civic Center Project BEHLES+BEHLES KENNETH L. BEHLES, AIA, LEEDS AP, Professional Biography Project Role Principal -in -charge v: 847.864.0440 f: 847.864.0441 m: 847.624.6336 e: kenbObehlesbehles.com Mr. Behles will serve as the primary contact for the city of Evanston and shall have primary design responsibility. Professional Experience BEHLES+BEHLES architectureinteriordesignplanning 1984 — Present, Partner and Co-founder Otis Associates, Inc., Northbrook, IL, 1975 - 1984 Executive Vice President Michael Graves & Associates, Princeton, NJ, 1974 - 1975 Design Associate CUHA, Princeton, NJ, 1973 —1974 Design Associate Education Princeton University, 1975, Master of Architecture University of Illinois, Champaign, 1973, B.S./Architecture Loyola Academy, 1969, Diploma License Registered Architect, State of Illinois - License No. 01-8941 Registered Architect, State of Florida - License No. 0011021 Registered Architect, State of Wisconsin - License No. 7059 Registered Architect, State of Michigan - License No. 42252 Registered Architect, State of Missouri - License No. 2009010453 Registered Architect, State of Iowa - License No. 06405 NCARB Certificate Holder - Certificate No. 32328 Professional/Civic American Institute of Architects, Chicago Chapter U.S. Green Building Council LEED®Accredited Professional Member, Affordable Assisted Living Coalition Guest Design Juror, University of Illinois, Chicago Guest Design Juror, University of Wisconsin, Milwaukee Guest Design Juror, Glencoe Historic Preservation Awards Member, Alpha Rho Chi, National Architectural Fraternity Member, Winnetka Zoning Board of Appeals, 1988-1993 Member, Winnetka Ad Hoc Committee, Elm St. Planning District Member, Winnetka Ad Hoc Committee for Historic Preservation Board Member, Winnetka Historical Society, 1990-1995 Member, Winnetka Design Review Board, 1999 - 2005 Member, Winnetka Plan Commission, 1999-2005 Member, Willow Road Enhancement Task Force - 2008 Chair, Winnetka Streetscape Committee, 2006 —2010 Trustee, Village of Winnetka, 2005 - 2009 3.1 City of Evanston RFP: 12-109 Consulting Services for Washroom Renovations Lorraine H. Morton Civic Center Project BEHLES+BEHLES SCOTT GARLAND, RA, LEEM AP, Professional Biography Project Role BEHLES+BEHLES Project Architect t 847.864.0440 f 847.864.0441 e scotta(a)behlesbehles.com Scott Garland will serve as the B+B Project Architect, and handle day- to-day management of all B+B and consultant personnel. Professional Experience BEHLES+BEHLES architectureinteriordesignplanning 2003 — Present, Associate Federal Reserve Bank of Chicago, Chicago, IL, 2000 — 2002 Project Manager — Facilities Design & Construction Education Illinois Institute of Technology, 2002, Bachelor of Architecture Buffalo Grove High School, 1997, Diploma License Registered Architect, State of Illinois - License No. 001-020286 Professional/Civic U.S. Green Building Council LEEDO Accredited Professional Member, National Council of Architectural Registration Boards Eagle Scout, Boy Scouts of America Representative Clients City of Evanston First Bank & Trust, Evanston, IL Diamond Senior Apartments Patrick Auto Group, Schaumburg, IL Pathway Senior Living Camp Independence Platinum Health Care 3 Diamond Development Wrightwood Senior Apartments Festus Manor Nursing Center KEA FEE PROPOSAL City of Evanston RFP: 12-109 Consulting Services for Washroom Renovations Lorraine H. Morton Civic Center Project BEHLES+BEHLES For the Services requested in the City of Evanston RFP 12-109, and as listed in the PROJECT UNDERSTANDING & APPROACH on Page 6.0, BEHLES+BEHLES proposes a not -to exceed, fixed fee as follows: PHASE 1 FIELD REVIEW, CONCEPTUAL DESIGN & PHASING $15,730,00 PHASE 2 CONSTRUCTION DOCUMENTS 18,450.00 PHASE 3 BIDDING & NEGOTIATIONS 1,980.00 PHASE 4 CONSTRUCTION ADMINISTRATION 10340.00 TotalPersonnel Fee ........................ ........................................................................ $46,500.00 REIMBURSABLE EXPENSE Allowance: Printing, mileage, postage/delivery 1.000.00 TotalFee................................................................................................................$47,500.00 Page 4.1 shows the breakdown of this fee on the City of Evanston form: EXHIBIT A. The BASE FEE PROPOSAL :RFP 12-109 matrix on Page 4.2 shows the complete breakdown of this fee by service phase, by personnel category, and by firm. Page 4.3 identifies an hourly rate schedule to be used as a basis for additional services should they be required during the course of the project. HEI FO I 4�01 Ff* a I AA, i Fbm Prqected Awrap I Notto Exceed Phase coradtant classIrmom Finn Mangy Dmpli * Hmm Hourly Rate Uff it Phase I — FebdRMm. CMMPWA , i DaW and PImhgD*=n3bm Pnrre CmsLkmt B+B ARCH 136 10 5 . 8 1: 14,390 Sub-omsjuL-e 1 20/10 S/MEP 13 103.08 1,340 Sub -consultant 2 Sub- msuftaM 3 Phase I Tobi 149 15,730 Pnxwcbm Prime CQMLgtmt B+B ARCH 122 106.31 12 , 970 su"Msuw S/MEP 57 96 . 14: 5,480 Sub-ocnsuW2 179 18,450 Phase - Owft aid NWROM Prime Consxfltant 13+B ARCH 16 110 .0 0: 1,760 Sub-omsuw 1 20/10 S/MEP 2 110.00 220 Sub-corrsullawl:2 phase 3 TOW 18 1,980 Phasia4 PflrT*ConsLft9 B+B ARCH 86 110.00 9,460 Sub-omsultant 1 20/10 S/MEP 8 110.00 880 Sul)-msukarit2 Sub-omsuW3 PhaseilTctaf 94 10,340 TO(& Prine Cortsubm B+B ARCH 360 107.17 38,580 ---y Suftwf I 20/10 S/MEP 89, 99. 00 7,920 Sub -consultant 2 Sub -ocnsultwO Phase l-4 Subtotal 46,500 Refrrkmade Expenses 1,000 Gmid Tod 47,500 Ocrnpensation for all Basic Sevion provided by the Fro6essional Consultant shall be a motto exceed fixed fep— Any tinges b this fee shall be in amordam with the Agmm*nL BE BASE FEE PROPOSAL: RFP 12-109 RESTROOM RENOVATION TASKIKOURS/FEE MATRIX • March 6, 2012 A PHASE 1: FIELD REVIEW, CONCEPT DESIGN, & PHASING BEHLES+BEHLES Staff Hours B j C Task 1.1 Project Start - Team "Kick-off' Meeting 3 3 Task 1.2 Investigate Existing Conditions i 2 6 Task 1.3 Prepare Base drawings 16 Task 1.4 Review Occupancy/Plumbing Codes 2 Task 1.5 Attend Owner Review Mtg. 3 3 Task 1.6 Prepare Conceptual Design Options 4 16 Task 1.7 Prepare Preliminary Costs/Phasing 2 2 Task 1.8 Prepare Conceptual Design Report 8 8 Task 1.9 Attend Owner Review Meeting 3 3 Subtotal Phase 1 25 59 PHASE2: CONSTRUCTION DOCUMENTS - Task2.1 Prepare Construction Documents 8 40 Task 2.2 Update Cost Estimates/Phasing 2 2 Task 2.3 Attend 1st CD Review Meeting 3 3 Task 2.4 Submit 75 % CD's for Review 4 Task 2.5 Attend 2nd CD review Meeting 3 3 Task 2.6 Submit 95 % CD's for permit 4 Task 2.7 Submit 100% CD's for Review 4 Task 2.8 Attend 3rd CD Review Meeting 3 3 Subtotal Phase 2 19 63 PHASE3: 81DDING Task 3.1 Prepare Bid Packages, including Alternates 4 Task 3.2 Attend Pre -Bid Meeting 4 Task 3.3 Respond to Bidders Questions 2 Task 3.4 Prepare/issue Addenda as necessary 2 Task 3.5 Collect & Analyze Bids 2 Task 3.6 Prepare Bidder Recommendation 2 Subtotal Phase 3 0 16 4 16 24 8 52 40 V ENG. CONSULTANTS Staff Hours A B I C ( 4 I 4 I 1 1 4 I 1 1 G 8 24 2 2 2 2 32 3 4 24 24 a7 FEE Not -to -Exceed BEHLES+BEHLES architectureinteriardesignp]anning 4.2 PHASE 1 810.00 2,020.00 2,96000 220.00 810,00 4,800.00 540.00 2,760.00 810.00 15,730.00 PHASE 2 13,280.00 760.00 810.00 660.00 810.00 660.00 660.00 810.00 18,450.00 PHASE 3 440.00 440.00 330.00 330.00 220.00 220.00 1,980.00 BASE FEE PROPOSAL: RFP 12-109 RESTROOM RENOVATION TASK/HOURS/FEE MATRIX • March 6, 2012 PHASE 4: CONSTRUCTION ADMINISTRATION - Task 41 Distribute Final CD's Task 4.2 Attend Pre -Construction Conference Task 4 3 Attend Weekly Jobsite Visits/OAC Mtgs. Task 4.4 Review Submittals, RFI's, Chance Orders Task 4.5 Revew Payout Requests Task 4 6 Prepare Punch Lists & Follow-up Task 47 Issue Certificates of Completion Task 4.8 Collect Project Closeout Documents Subtotal Phase 4 Total Hours by Personnel Category Fee by Personnel Category Total Personnel Fee by Firm BEHLES+BEHLES Staff Hours A B C 2 4 48 8 8 8 4 4 0 86 0 44 224 92 $ 7,040.00 $ 24,640.00 $ 6,900.00 $ $ 38,580.00 ENG. CONSULTANTS Staff Hours A B C A! 4 0 I 8 0 2 50 28 320.00 $ 5,500.00 $ 2,100.00 $ 7,920.00 BEHLES+BEHLES Staff Hourly Rates Consultant Staff Hourly Rates A Principal $ 160.00 A Principal $ 160.00 B Senior Professional $ 110.00 B Senior Professional $ 110.00 C Junior Professional $ 75.00 C Junior Professional $ 75.00 BEHLES+BEHLES architectureinteriordesignpianning FEE Not -to -Exceed $ 220.00 $ 440.00 $ 5,280.00 $ 1,320.00 $ 880.00 $ 1,320-00 $ 44000 $ 440.00 $ 10,340.00 Total Personnel $ 46,500.00 Reimbursables $ 1,000.00 Total Fee $ 47,500.00 4.3 YEAR 2012 HOURLY RATE SCHEDULE City of Evanston RFP: 12-109 Consulting Services for Washroom Renovations Lorraine H. Morton Civic Center Project BEHLES+BEHLES On those projects where it is not possible to estimate with accuracy the time to be spent in providing services for a client, or when so requested by a client, an hourly rate/plus expenses fee is used. Under this arrangement the client is given a detailed description of the work to be accomplished and either a budget or maximum fee is established. Statements of charges made against a project are submitted to clients monthly. This permits the client to review the status of the work in progress and the related charges. Statements list the category of personnel that has worked on the project, the number of hours spent and the resultant personnel charges. Statements also identify reimbursable expenses such as computer plots, out-of-town travel, printing, postage and other project related costs. The total billing consists of the personnel charges plus these reimbursable expenses. The following schedule of charges for DESIGN TEAM personnel includes direct personnel expenses, office overhead and profit. The current schedule is in effect until December 31, 2012. Labor rates may change annually: BEHLES+BEHLES Personnel Cateaory Charge Per Hour Principal $160.00 Senior Professional 110.00 Junior Professional 75.00 20110 Engineering Group Personnel Cateaory Charae Per Hour Principal $160.00 Senior Professional 110.00 Junior Professional 75.00 SEA City of Evanston RFP: 12-109 Consulting Services for Washroom Renovations Lorraine H. Morton Civic Center Project BEHLES+BEHLES EXHIBIT O PROFESSIONAL SERVICES AGREEMENT STATEMENT BEHLES+BEHLES has reviewed the City of Evanston's Professional Services Agreementper Attachment O in the RFP 12-109, and requests one exception: Article V.L We request the right to use the City of Evanston as a reference in future marketing communications with prospective clients; and to use representations, photos, etc. of the completed project in our promotional material. Therefore we request to strike paragraph V.L. 6'111 City of Evanston RFP: 12-109 Consulting Services for Washroom Renovations Lorraine H. Morton Civic Center Project BEHLES+BEHLES PROJECT UNDERSTANDING & APPROACH For the Washroom Renovations at the Lorraine H. Morton Civic Center Project, BEHLES+BEHLES will assemble a team of architects, engineers, and technical consultants experienced in the project delivery process for interior rehabilitation projects. The investigation phase is crucial to the success of this project. Design solutions will follow once a clear definition of the design problem is articulated. Careful coordination among design team members and City staff will provide clear and concise construction documents, necessary for accurate bidding and a conflict -free construction process. Construction observation and construction administration services will enforce the construction contract, and assure a successful project end for the City of Evanston. The outline below highlights what we believe to be the critically important steps in the process for this particular project, and includes all service steps requested by the City of Evanston in RFP 12-109. Service Phases Field Review, Conceptual Design, & Phasing Determination Attend "kick-off' meeting with City Staff Investigate existing conditions, including structural & MEP components Prepare base drawings, using read-only documents provided by City Review Occupancy and Plumbing Codes Attend Owner review meeting with City staff to discuss preliminary findings Prepare Washroom Conceptual Design Solutions for floors 1 through 4 Prepare Preliminary Cost Estimates for all Conceptual Design options Prepare Preliminary Phasing Plan Prepare detailed Conceptual Design Report of findings and solutions Attend meeting with City Staff to present Conceptual Design Report Construction Documents Prepare Construction Documents for Arch./Struct./MEP work Prepare Final Cost Estimate Attend 1 s' Contract Document review meeting with City staff Submit 8 copies CD work for City Review at 75% completion Attend 2`u Contract Document review meeting with City staff Submit 4 copies of 100% documents to CDD for permit review Submit 8 copies of CD work for City Review at 100% completion Attend 3ro Contract Document review meeting with City staff Bidding Prepare Bid Packages, including Alternates(40 sets) Attend Pre -Bid meeting Respond to Bidders Questions Prepare/issue Addenda as necessary Collect and analyze bids Prepare Bidder recommendation City of Evanston RFP: 12-109 Consulting Services for Washroom Renovations Lorraine H. Morton Civic Center Project BEHLES+BEHLES PROJECT UNDERSTANDING & APPROACH Construction Administration Distribute Final Construction Documents Attend Pre -Construction Conference Weekly job site visits/OAC meetings Submittal Review/RFI Responses/Issue Clarifications, etc. Review Payout Requests Prepare Punch Lists and follow-up Issue Certificates of Substantial & Final Completion Project Close-out 6.1 City of Evanston RFP: 12-109 Consulting Services for Washroom Renovations Lorraine H. Morton Civic Center Project BEHLES+BEHLES PROPOSED PROJECT SCHEDULE BEHLES+BEHLES will comply with the following project schedule, which is consistent with the schedule published by the City of Evanston in RFP 12- 109. We believe this schedule is realistic and achievable. START FINISH TASK 04/10/2012 A/E CONTRACT AWARD Phase 1 04/23/2012 05/25/2012 IINVESTIGATION & DESIGN EVALUATION 05/25/2012 06/01/2012 CITY REVIEW/APPROVAL Phase 2 06/04/2012 07/20/2012 CONTRACT DOCUMENTS 07/20/2012 07/27/2012 CITY REVIEW/APPROVAL Phase 3 07/30/2012 09/28/2013 BIDDING Phase 4 10/01/2012 01/15/2013 CONSTRUCTION ADMINISTRATION 7.0 City of Evanston RFP: 12-109 Consulting Services for Washroom Renovations Lorraine H. Morton Civic Center Project BEHLES+BEHLES CONSULTANT STAFF IDENTIFICATION Architectural and Engineering services for the Washroom Renovations at the Lorraine H. Morton Civic Center Project will be provided by the following design team. Professional biographies of the BEHLES+BEHLES Management Team can be found on pages 3.1-3.2. Professional biographies for the Sub -consultant Team begin on page 8.2. Prime Arch/Eng-of-record BEHLES+BEHLES architectu rei nterio rdesign p lann ing Prime architecUengineer-of-record Project Investigation Design Development/Contract Documents 818 Church Street Evanston, IL 60201 t 847.864.0440 f 847.864.0441 w www.behlesbehles.com Kenneth L. Behles, AIA, LEEDO AP Principal -in -charge ken b(a)beh lesbe h I es. co m Scott Garland, RA, LEEDO AP Project Architect scotta(o)behles behles.com Structural/MEPFP Eng. 20/10 Engineering Group, LLC Structural, Mechanical, Electrical Engineering Consultant 1216 Tower Road Schaumburg, IL 60173-4375 t 847.882.2010 f 847.882.2201 James A. Barrett, PE, SEStructural Engineer barrett(@2010encineerina.com Jeff Chamberlin, PE, LEEDO AP, MEPFP Engineer ieff(a)2010enaineeri no.com CITY OF EVANSTON Washroom Renovations Lorraine H. Morton Civic Center 20/10 ENGINEERING JIM BARRETT STRUCTURAL ENGINEER r CITY OF EVANSTON PROJECT MANAGER BEHLES + BEHLES KENNETH L. BEHLES PRINCIPAL IN CHARGE SCOTT GARLAND PROJECT ARCHITECT 20/10 ENGINEERING JEFF CHAMBERLIN MEP ENGINEER 8.1 City of Evanston RFP: 12-109 Consulting Services for Washroom Renovations Lorraine H. Morton Civic Center Project BEHLES+BEHLES JAMES A. BARRETT, PE, SE Professional Biography Project Role Structural Engineer t 847.427.2010 f 847.427.2201 e barrett(a)2010enaineerina.com Mr Barrett will be responsible for all Structural design and engineering. Professional Experience20/10 Engineering Group, LLC, 2004 Principal and Structural Systems Engineer CS2 Design Group, Inc., 2000 — 2004 Senior Structural Engineer Barry Goldberg & Company, 1984 — 2000 Structural Engineer and Project Manager Dennis E. Roby & Associates, 1979 - 1984 Project Engineer, Structural Systems T.G. & J. Architects, 1978 - 1979 Project Architect Education University of Kansas, 1975, B.S./ Architectural Engineering License Licensed Structural Engineer, State of IL S.E. No. 081-004707 Registered Professional Engineer, State of MO P.E. No. EN 019083 Professional Activities Structural Engineers Association of Illinois American Concrete Institute The Masonry Society City of Evanston RFP: 12-109 Consulting Services for Washroom Renovations Lorraine H. Morton Civic Center Project BEHLES+BEHLES JEFF CHAMBERLIN, PE, LEEDO AP, Professional Biography Project Role Mechanical/Electrical Engineer voice: 847.427.2010 fax: 847.427.2201 email: ieff(o)2010enaineerina.com Jeff Chamberlin will be responsible for all Mechanical, Plumbing, Electrical and Fire Protection design and engineering. Professional Experience 20/10 Engineering Group LLC, 2004 Principal and Mechanical Systems Engineer CS2 Design Group, Inc., 1995 - 2004 Principal and Mechanical Systems Engineer Metro Design Associates, 1990 - 1995 Mechanical Systems Project Manager R. G. Burkhardt & Associates, 1979-1990 Mechanical Systems Project Manager Skidmore, Owings & Merrill, 1978 - 1979 Mechanical Systems Project Engineer Education University of Illinois, 1978, B.S./ Mechanical Engineering License Registered Professional Engineer, State of IL License No. 062-040860 Registered Professional Engineer, State of W I License No. 31284 Registered Professional Engineer, State of IN License No. 19600154 Registered Professional Engineer, State of MN License No. 26300 U.S. Green Building Council LEED® Accredited Professional Professional/Civic American Soc. of Heating, Refrigerating and Air Conditioning Engineers American Society of Plumbing Engineers SECTION 9 City of Evanston RFP: 12-109 Consulting Services for Washroom Renovations Lorraine H. Morton Civic Center Project BEHLES+BEHLES DISCLOSURE OF OWNERSHIP INTERESTS CONFLICT OF INTEREST FORM ACKNOWLEDGEMENT OF UNDERSTANDING M/W/EBE EXHIBITS ANTI -COLLUSION AFFADAVIT 9.0 The City of Evanston Code Section 1-18-1 et seq. requires all persons (APPLICANT) seeking to do business with the City to provide the following information with their proposal. Every question must be answered. If the question is not applicable, answer with "NA". APPLICANT NAME: APPLICANT ADDRESS: TELEPHONE NUMBER: rZ - 06xx - ckiz4-i APPLICANT is (Check One) () Corporation (� Partnership () Sole Owner () Association Other ( ) Please answer the following questions on a separate attached sheet if necessary. la. Names and addresses of all Officers and Directors of Corporation. %a_A . 1 b. (Answer only if corporation has 33 or more shareholders.) Names and addresses of all those shareholders owning shares equal to or in excess of 3% of the proportionate ownership interest and the percentage of shareholder interest. (Note: Corporations which submit S.E.C. form 10K may substitute that statement for the material required herein.) M 22 1 c. (Answer only if corporation has fewer than 33 shareholders.) Names and addresses of all shareholders and percentage of interest of each herein. (Note: Corporations which submit S.E.C. form 10K may substitute that statement for the material requested herein.) W.,&. SECTION 2 - PARTNERSHIP/ASSOCIATION/JOINT VENTURE 2a. The name, address, and percentage of interest of each partner whose interests j� therein, whether limited or general, is equal to or in excess of 3%. ter- , �.�,, ,,y7p, / �vjQ �' {) p�� �/,, "�_,,..� `,.,� "--..C�d d.'✓1 .`:tF LZs��E��F r'0✓Itf""i✓t t i,�"�Id)t�'�. IL 16�L6Jl ;.Z.+'9 2b. Associations: The name and address of all officers, directors, and other members with 3% or greater interest. N A - SECTION 3 - TRUSTS 3a. Trust number and institution. WA , 3b. Name and address of trustee or estate administrator. N.A . 23 3c. Trust or estate beneficiaries: Name, address, and percentage of interest in total entity. SECTION 4 - ALL APPLICANTS - ADDITIONAL DISCLOSURE 4a. Specify which, if any, interests disclosed in Section 1, 2, or 3 are being held by an agent or nominee, and give the name and address of principal. 4b. If any interest named in Section 1,2, or 3 is being held by a "holding" corporation or other "holding" entity not an individual, state the names and addresses of all parties holding more than a 3%" interest in that "holding" corporation or entity as required in 1(a), 1(b), 1(c), 2(a), and 2(b). N ,4, 4c. If "constructive control' of any interest named in Sections 1,2, 3, or 4 is held by another party, give name and address of party with constructive control. ("Constructive control' refers to control established through voting trusts, proxies, or special terms of venture of partnership agreements.) M 24 I have not withheld disclosure of any interest known to me. Information provided is accurate and current. Date Signature of Person Preparing Statement Kemvi11c,e7,A(A, A RiEAv r Title t1 t ATTEST: ^< •') ., Notary Ulic ®FFIIMSEAL .msew+,s.e�ra� waa�yamim--M=W ar t�pwn r�aua.nwae.aota (Notary Seal) Commission Expires: $fir") W 25 {!lwvte4kL F�aiiop,@ €kt agi4L.FS a 14LES , hereby certifies that it has conducted an investigation into whether an actual or potential conflict of interest exists between the bidder, its owners and employees and any official or employee of the City of Evanston. Proposer further certifies that it has disclosed any such actual or potential conflict of interest and acknowledges if bidder/Proposer has not disclosed any actual or potential conflict of interest, the City of Evanston may disqualify the bid/proposal. &'A A7k It. ]NO126JaA—XV�Vt- i ILI E' (Name of Bidder/Proposer if the Bidder/Proposer is an Individual) (Name of Partner if the Bidder/Proposer is a Partnership) (Name of Officer if the Bidder/Proposer is a Corporation) The above statements must be subscribed and sw rn to before a notary public. Subscribed and Sworn to this %" day of f (s '- :.;4 ' , 2,W' -U'I cwSam AOycanmlaewnBeNww, aoa9 Notary Public Failure to complete and return this form may be considered sufficient reason for rejection of the bid / proposal. 26 Ll 0 rr I• r THE SECTION BELOW MUST BE COMPLETED IN FULL AND SIGNED The undersigned hereby certifies that they have read and understand the contents of this solicitation and attached service agreements, and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or to accept any request for additional compensation. By signing this document, the Proposer hereby certifies that they are not barred from bidding on this contract as a result of bid rigging or bid rotating or any similar offense (720 ILCS S/33E-3, 33E-4). Authorized t[rk Company Signature: Name: Os14j.,-s 4 Lr= TypedName:lPrinted � �wA L' JPS Date: 0-3/t; IP-'O,Lm —> Telephone Title: p, q I ✓lid Number: F47. or4A- - o44o Fax Email: 'fZ�i4 sYL �&'n7.7u Number: WA Letter of Intent from M/W/EBE to Perform as a Subcontractor, Supplier, and/or Consultant and Affirmation of M/W/EBE Status Project Description: Lo - v iL -fl I��°� N3s� w au Specification Number: f3FP 1Z - (09 From: .FSi-(LE-5 + 5-I14(_s=.S (Name of M/W/EBE Firm) To: area the City of Evanston: (Name of Bidder/Proposer/Prime Contractor) FEP I i= F, 4 4 E44-f-�—z,5 intends to participate as a Subcontractor (Name of M/ EBE irm) on the project known ascz.Itris n J��/1C�ul�Etc)vs �l�its€ ci�f3vt ttvt[. (Project Description) This firm is a: (Check Only One) Minority Business Enterprise (MBE), a firm that is at least 51 %, managed and controlled by a Minority. Women's Business Enterprise (WBE), a firm that is at least 51%, managed and controlled by a Woman. Evanston Business Enterprise (EBE), a firm located in Evanston for a minimum one year and which performs a "commercially useful function." Copies of all MBE or WBE certifications have been attached. The undersigned is prepared to provide the following described services or supply the following described goods in connection with the above named project/contract: -A r-rjn T +aa;--+1 A w,(`�?.i`u i Ci25 The above described performance is offered for the following price and described terms of payme t: j Ip ` 6 .vta i9 )LZ 4�1 e C ! INL QCwC-74tl"t� ar"� i w,. 0r ,� c7> 9 SlrPnn< ��2 t—c![T' ''( �I Gt 1RfP 17— (Qej Signed: !� Date: 1?���fAs"z- . (Signature of Owner, President, authorized agent of M/WlEBE) i lav�P 9ii 4 . NamelTitle . c?3c,� - CA-4o Phone No. 30 Affidavit of M/W/EBE Goal Implementation Plan Project Description: �Jiz4it rxnn Gant�vativbre _ I - 't? .AA Z, 1 • d Mil Specification Number: R-F-P 12 - to I hereby declare and affirm that I am the duly authorized representative of: (Name of Bidder/Proposer) and that I have authority to execute this affidavit on behalf of this firm. I have personally reviewed the material and facts set forth herein describing our proposed plan to achieve the M/W/EBE goals of this contract. Copies of all MBE or WBE certifications have been attached. Al E +�1tl5 3'i V'"'v+rP 5�? �"Y P''iEOE 16AVti Cn:i9� C.. C✓. tV % PV9`9 - do hereby certify that: BEWLEFT + PPi�W i F S intends to participate as a Subcontractor (Name of MffltERE�irm) yy� on the project known as W1441 arvs d�iG vlr t �tltri .. r�rAgut vlo,t y _c Y �1 �f� it a, , t t 2, W (Type of Work) .� ,�.t_ 45 (JAM -Al � a 4_e ✓t s i��0 r>P s IL 662o l Address of M/W/EBE f oo L 6C ,: I tom. t �p rn�r Contact Person �} UW % , �v4- . 044cs) Phone No. $ t" Dollar Amount of Participation % Percent Amount of Participation 31 Further, this firm is a: (Check Only One) Minority Business Enterprise (MBE), a firm that is at least 51 %, managed and controlled by a Minority. Women's Business Enterprise (WBE), a firm that is at least 51%, managed and controlled by a Woman. Evanston Business Enterprise (EBE), a firm located in Evanston for a minimum one year and which performs a "commercially useful function." [if more than one Subcontractor is indicated, attach completed schedule for additional Subcontractors, which is attached to this affidavit] To the best of my knowledge, information and belief, the facts and representations contained in this Affidavit and attached schedule(s) are true, and no material facts have been omitted. The Bidder/Proposer/Contractor designates the following person as its M/W/EBE Liaison contact: Name: !' P- 9 telX I 105 Phone: 1 do solemnly declare and affirm under penalties of perjury that the contents of the foregoing document are true and correct, and that I am authorized on behalf of the Bidder/Proposer/Contractor, to make this Affidavit. Signed: Date: Ll �061 ZV 1'2..- b , (Affiant) r State of: 1 1 e o Fa i 4 County (City) of: This instrument was acknowledged before me on this 1tt 1�5� day of `7012 b <3� t r , yy.'d ps �.. ,1�le -S as President (or other authorized officer) of 5041,r-S ( [ `l4 t r- (Firm Name) Notary Seal (Notary Public Signature) Commission Expires: VIle'l a t pl-67 6f!I, aoseNaeeu.ss rus2wem•emmaimn� M,vOWAft" BVIIM NOV 09. 2014 32 EXHIBIT T 1 L, .a being first duly sworn, deposes and says that he is I CU-k M_Y_ rtner, d7fflcer, Owner, Etc.) of 1304LL r (Proposer) The party making the foregoing proposal or bid, that such bid is genuine and not collusive, or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person; to fix the bid price element of said bid, or of that of any other bidder, or to secure any advantage against any other bidder or any person interested in the proposed contract. The undersigned certifies that he is not barred from bidding on this contract as a result of a conviction for the violation of State laws prohibiting bid -rigging or bid -rotating. (Name of Bidder if the Bidder is an Individual) (Name of Partner if the Bidder is a Partnership) (Name of Officer if the Bidder is a Corporation) The above statements must be§ubscribed a sworn to before a notary public. Subsgribed and Sworn to this day ofOFROMSEM r� J. SBUSS Notary P blic LV0WMb*nmuser Vw,ama Commission Expires: t-' Failure to complete and return this form may be considered sufficient reason for rejection of the bid. 33