HomeMy WebLinkAboutKimley_Horn_Consulting_Bent_Park _Shelter_Renovation
To: Luke Stowe, City Manager
From: Lara Biggs, Bureau Chief – Capital Planning / City Engineer
Anil Khatkhate-Project Manager
Subject: Approval of Contract for Consulting Services for the Bent Park Shelter
Renovation
Date: December 14, 2023
Recommended Action:
Staff recommends City Manager execute a contract for engineering services for the
Bent Park Shelter Renovation with Kimley-Horn (4201 Winfield Road, Suite 600,
Warrenville, Illinois 60555) in the amount of $16,700.00.
Funding Source:
Funding is available from the Capital Improvement Program 2024 General Obligation
Bonds, Bent Park (Account 415.40.4124.62145-623001), which includes $100,000 for
design and construction consulting services, all of which is remaining.
Background Information:
The Park and Recreation Department runs programs for children in all four seasons with
heating in winter and cooling in summer at the Bent Park Shelter. The shelter houses a
multi-purpose hall, men and women restrooms and a utility and mechanical room.
In the fall of 2022, a portion of the roof caught on fire damaging the building. The City
has decided to remove and rebuild the damaged roof structure and renovate the shelter
to meet ADA requirements. The renovation work shall include new interior finishes and
will convert the shelter to meet ADA accessibility and Illinois Accessibility Code (IAC).
The electrical power supply and water supply to the shelter has been shut off. The
consulting engineer shall design bringing in a new power service from the transformer at
the corner of Hasting Avenue and Harrison Street. Work shall also include modifying the
building’s mechanical systems to all electric and permanently disconnecting the existing
natural gas service.
Memorandum
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Analysis:
Four engineering firms were contacted to get costs to provide design services.
Following is a list of the quotes received:
Supplier Address Cost
Kimley-Horn 4201 Winfield Road, Suite 600
Warrenville, Illinois 60555
$16,700.00
CCJM Engineers, Ltd. 303 East Wacker Drive, Suite 303
Chicago, Illinois 60601
$24,780.00
Salas O’Brien 815 S. Wabash Avenue, Suite 100
Chicago, Illinois 60605
$25,000.00
Grumman/Butkus
Assocates
820 Davis Street, Suite 300
Evanston, Illinois 60201
Did not submit
proposal
Staff recommends award to Kimley-Horn in the amount of $16,700.00.
Approval:
_________________________________
Edgar Cano, Public Works Director
Luke Stowe, City Manager
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CITY OF EVANSTON
PROFESSIONAL SERVICES AGREEMENT
The parties referenced herein desire to enter into an agreement for professional
services for
Bent Park Shelter Renovation
(“the Project”)
THIS AGREEMENT (hereinafter referred to as the “Agreement”) en tered into this
27th day of December, 2023, 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 Kimley-Horn, with offices located at 4201 Winfield Road, Suite
600, Warrenville, Illinois, 60555, (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 $16,700.
I. COMMENCEMENT DATE
Consultant shall commence the Services on January 2, 2024 or no later than
three (3) DAYS AFTER City executes and delivers this Agreement to
Consultant.
II. COMPLETION DATE
Consultant shall complete the Services in a timely manner. 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 B –
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 and Consultant’s
Response to the Request for Proposal (Exhibit B).
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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 sub-consultants 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 sub-
contracting with any entity or person to perform any of the work required under this
Agreement. If the Consultant sub-contracts any of the services to be performed under
this Agreement, the sub-consultant 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 sub-
consultant’s work.
All sub-consultant 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 sub-consultant that does
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work or provides Services under this Agreement.
The Consultant shall cooperate fully with the City, other City contractors, other
municipalities and local government officials, public utility companies, and others, as
may be directed by the City. This shall include attendance at meetings, discussions
and hearings as requested by the City. This cooperation shall extend to any
investigation, hearings or meetings convened or instituted by OSHA relative to this
Project, as necessary. Consultant shall cooperate with the City in scheduling and
performing its Work to avoid conflict, delay in or interference with the work of others,
if any, at the Project.
Except as otherwise provided herein, the nature and scope of Services
specified in this Agreement may only be modified by a writing approved by both
parties. This Agreement may be modified or amended from time to time provided,
however, that no such amendment or modification shall be effective unless reduced
to writing and duly authorized and signed by the authorized representatives of the
parties.
B. Representation and Warranties. Consultant represents and warrants that:
(1) Consultant possesses and will keep in force all required licenses to perform the
Services; (2) the employees of Consultant performing the Services are fully qualified,
licensed as required, and skilled to perform the Services.
C. Termination. City may, at any time, with or without cause, terminate this
Agreement upon seven (7) days written notice to Consultant. If the City terminates
this agreement, the City will make payment to Consultant for Services performed
prior to termination. Payments made by the City pursuant to this Agreement are
subject to sufficient appropriations made by the City of Evanston City Council. In the
event of termination resulting from non-appropriation or insufficient appropriation by
the City Council, the City’s obligations hereunder shall cease and there shall be no
penalty or further payment required. In the event of an emergency or threat to the life,
safety or welfare of the citizens of the City, the City shall have the right terminate this
Agreement without prior written notice. Within thirty (30) days of termination of this
Agreement, the Consultant shall turn over to the City any documents, drafts, and
materials, including but not limited to, outstanding work product, data, studies, test
results, source documents, AutoCAD Version 2007, PDF, ARTView, Word, Excel
spreadsheets, technical specifications and calculations, and any other such items
specifically identified by the City related to the Services herein.
D. Independent Consultant. 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.
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E. Conflict of Interest. Consultant represents and warrants that no prior or
present services provided by Consultant to third parties conflict with the interests of
City in respect to the Services being provided hereunder except as shall have been
expressly disclosed in writing by Consultant to City and consented to in writing to
City.
F. Ownership of Documents and Other Materials. All originals, duplicates and
negatives of all plans, drawings, reports, photographs, charts, programs, models,
specimens, specifications, AutoCAD Version 2007, Excel spreadsheets, PDF, and
other documents or materials required to be furnished by Consultant hereunder,
including drafts and reproduction copies thereof, shall be and remain the exclusive
property of City, and City shall have the unlimited right to publish and use all or any
part of the same without payment of any additional royalty, charge, or other
compensation to Consultant. Upon the termination of this Agreement, or upon
request of City, during any stage of the Services, Consultant shall promptly deliver all
such materials to City. Consultant shall not publish, transfer, license or, except in
connection with carrying out obligations under this Agreement, use or reuse all or any
part of such reports and other documents, including working pages, without the prior
written approval of City, provided, however, that Consultant may retain copies of the
same for Consultant’s own general reference.
G. Payment. Invoices for payment shall be submitted by Consultant to City at
the address set forth above, together with reasonable supporting documentation, City
may require such additional supporting documentation as City reasonably deems
necessary or desirable. Payment shall be made in accordance with the Illinois Local
Government Prompt Payment Act, after City’s receipt of an invoice and all such
supporting documentation.
H. Right to Audit. Consultant shall for a period of three years following
performance of the Services, keep and make available for the inspection,
examination and audit by City or City’s authorized employees, agents or
representatives, at all reasonable time, all records respecting the services and
expenses incurred by Consultant, including without limitation, all book, accounts,
memoranda, receipts, ledgers, canceled checks, and any other documents indicating,
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
sub-contractors, employees, agents or sub-contractors during the performance of this
Agreement. Such indemnification shall not be limited by reason of the enumeration of
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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.
To the extent permissible by law, Consultant waives any limits to the amount
of its obligations to indemnify, defend, or contribute to any sums due under any
Losses, including any claim by any employee of Consultant that may be subject to
the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related
law or judicial decision, including but not limited to, Kotecki v. Cyclops Welding
Corporation, 146 Ill. 2d 155 (1991). The City, however, does not waive any limitations
it may have on its liability under the Illinois Workers Compensation Act, the Illinois
Pension Code or any other statute.
Consultant shall be responsible for any losses and costs to repair or remedy
work performed under this Agreement resulting from or arising out of any act or
omission, neglect, or misconduct in the performance of its Work or its sub-
consultants’ 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
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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 sub-contractors 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, 5 ILCS 140/7(2), records in
the possession of others whom the City has contracted with to perform a
governmental function are covered by the Act and subject to disclosure within limited
statutory timeframes (five (5) working days with a possible five (5) working day
extension). Upon notification from the City that it has received a Freedom of
Information Act request that calls for records within the Consultant’s control, the
Consultant shall promptly provide all requested records to the City so that the City
may comply with the request within the required timeframe. The City and the
Consultant shall cooperate to determine what records are subject to such a request
and whether or not any exemption 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
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directive from the Illinois Public Access Counselor or the Attorney General under
FOIA, or with a decision or order of Court with jurisdiction over the City, shall not be a
violation of this Section.
L. Use of City’s Name or Picture of Property. Consultant shall not in the
course of performance of this Agreement or thereafter use or permit the use of City’s
name nor the name of any affiliate of City, nor any picture of or reference to its
Services in any advertising, promotional or other materials prepared by or on behalf
of Consultant, nor disclose or transmit the same to any other party.
M. No Assignments or Sub-contracts. Consultant shall not assign or sub-
contract all or any part or its rights or obligations hereunder without City’s express
prior written approval. Any attempt to do so without the City’s prior consent shall, at
City’s option, be null and void and of no force or effect whatsoever. Consultant shall
not employ, contract with, or use the services of any other architect, interior designer,
engineer, consultant, special contractor, or other third party in connection with the
performance of the Services without the prior written consent of City.
N. Compliance with Applicable Statutes, Ordinances and Regulations. In
performing the Services, Consultant shall comply with all applicable federal, state,
county, and municipal statutes, ordinances and regulations, at Consultant’s sole cost
and expense, except to the extent expressly provided to the contrary herein.
Whenever the City deems it reasonably necessary for security reasons, the City may
conduct at its own expense, criminal and driver history background checks of
Consultant’s officers, employees, sub-contractors, 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 sub-
contractors, suppliers, materialmen and others claiming by, through or under
Consultant, hereby waives and releases any and all statutory or common law
mechanics’ materialmen’s’ 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 sub-contractors, 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 sub-consultant, 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
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Division and to Consultant at the address first above set forth, or at such other
address or addresses as City or Consultant may from time to time designate by
notice given as above provided.
Q. Attorney’s Fees. In the event that the City commences any action, suit, or
other proceeding to remedy, prevent, or obtain relief from a breach of this Agreement
by Consultant, or arising out of a breach of this Agreement by Consultant, the City
shall recover from the Consultant as part of the judgment against Consultant, its
attorneys’ fees and costs incurred in each and every such action, suit, or other
proceeding.
R. Waiver. Any failure or delay by City to enforce the provisions of this
Agreement shall in no way constitute a waiver by City of any contractual right
hereunder, unless such waiver is in writing and signed by City.
S. Severability. In the event that any provision of this Agreement should be held
void, or unenforceable, the remaining portions hereof shall remain in full force and
effect.
T. Choice of Law. The rights and duties arising under this Agreement shall be
governed by the laws of the State of Illinois. Venue for any action arising out or due
to this Agreement shall be in Cook County, Illinois. The City shall not enter into
binding arbitration to resolve any dispute under this Agreement. The City does not
waive tort immunity by entering into this Agreement.
U. Time. Consultant agrees all time limits provided in this Agreement and any
Addenda or Exhibits hereto are of essence to this Agreement. Consultant shall
continue to perform its obligations while any dispute concerning the Agreement is
being resolved, unless otherwise directed by the City.
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 non-responsible and therefore ineligible for future
contracts or sub-contracts with the City, and the contract may be cancelled or voided
in whole or in part, and such other sanctions or penalties may be imposed or
remedies invoked as provided by statute or regulation.
During the performance of the contract, the Consultant agrees as follows:
A. That it will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, marital status, national origin
or ancestry, or age or physical or mental disabilities that do not impair ability to work,
and further that it will examine all job classifications to determine if minority persons
or women are underutilized and will take appropriate affirmative action to rectify any
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such underutilization. Consultant shall comply with all requirements of City of
Evanston Code Section 1-12-5.
B. That, in all solicitations or advertisements for employees placed by it on its
behalf, it will state that all applicants will be afforded equal opportunity without
discrimination because of race, color, religion, sex, sexual orientation, marital status,
national origin, ancestry, or disability.
VII. SEXUAL HARASSMENT POLICY
The Consultant certifies pursuant to the Illinois Human Rights Act (775 ILCS 5/2105
et. seq.), that it has a written sexual harassment policy that includes, at a minimum,
the following information:
A. The illegality of sexual harassment;
B. The definition of sexual harassment under State law;
C. A description of sexual harassment utilizing examples;
D. The Consultant’s internal complaint process including penalties;
E. Legal recourse, investigation and complaint process available through the
Illinois Department of Human Rights and the Human Rights Commission, and
directions on how to contact both; and
F. Protection against retaliation as provided to the Department of Human Rights.
VIII. CONSULTANT CERTIFICATIONS
A. Consultant acknowledges and agrees that should Consultant or its sub-
consultant provide false information, or fails 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, 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).
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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 and B 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.
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IN WITNESS WHEREOF, the parties hereto have each approved and executed this
Agreement on the day, month and year first above written.
CONSULTANT: CITY OF EVANSTON
2100 RIDGE AVENUE
EVANSTON, IL 60201
By ________________________ By:________________________
Luke Stowe
Its: ________________________ Its: City Manager
FEIN Number: _______________ Date: _______________________
Date: _______________________ Approved as to form:
By:
Alexandra Ruggie
Its: Corporation Counsel
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Drew Walker
12/28/2023
56-0885615
Partner
01 / 11 / 2024
Doc ID: 449909800fd7bc3b01bd54b995b0378091a86aa9
November 16, 2023
Re: Request for Proposals
2023 Bent Park Shelter Renovation
MEP Engineering Services
Dear Engineer:
The City of Evanston (City) is currently seeking proposals for MEP engineering services
at the Bent Park Shelter located at the intersection of Hasting Avenue and Harrison
Street. These services are required for planned renovations to the shelter which was
damaged by a fire in 2022. The scope of services for this request for proposal follows.
Project Background
The City of Evanston owns, maintains and operates programs for children from the
shelter. In the fall of 2022 a portion of the roof caught on fire damaging the building.
The City has decided to remove and rebuild the damaged roof structure and renovate
the shelter to meet ADA requirements.
The City runs programs for children all four seasons with heating in winter and cooling
in summer. The shelter houses a multi-purpose hall, men and women restrooms and a
utility and mechanical room. The renovation work shall include new interior finishes and
will convert the shelter to meet ADA accessibility and Illinois Accessibility Code (IAC).
The electrical power supply and water supply to the shelter has been shut off. The
renovation shall include bringing in a new power service from the transformer at the
corner of Hasting Avenue and Harrison Street. Work shall also include modifying the
building’s mechanical systems to all electric and permanently disconnecting the existing
natural gas service.
The anticipated renovations are as follows. All work shall be compliant with applicable
codes:
New Lighting
New emergency lighting
New fire detection system
New building finishes
Replacing and modifying the roof structure
Upgrading restrooms
HVAC system (all electric)
New power service
Public Works Agency
2100 Ridge Avenue
Evanston, Illinois 60201
T 847.328-2100
TTY 847.448.8064
www.cityofevanston.org
VIA EMAIL
EXHIBIT - A
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A proposed floor plan is available (see Attachment B)
General Consultant Work Description
The selected consultant shall produce all mechanical, electrical, plumbing, and fire
detection (MEPFP) documents associated with the proposed scope of work that are
necessary to renovate the park shelter and obtain a Certificate of Occupancy from the
Building Official. Anticipated work items are detailed in the list above but shall also
include any other items identified by the consultant and/or building code officials. The
selected consultant shall coordinate their MEPFP design work with architectural
renovation documents being prepared by City’s in-house staff. Consultant plans shall be
prepared on City title blocks in order to produce a seamless and cohesive renovation
bid package. The consultant shall coordinate with the City as needed including but not
limited to: code analysis, product selection, permit review and integration of design with
architectural elements. All work shall be performed by a professional engineer, licensed
in the State of Illinois. The City will retain ownership of all drawings, specifications, and
tools of service produced by the selected consultant.
Project Program
1. Perform all required investigatory work and coordination with City staff to
determine existing conditions.
2. Perform all code analysis required to determine the final scope of work and
project requirements.
3. Perform all design work required to implement the scope of work including any
additional items identified during the code analysis effort.
4. Prepare construction documents as required for bidding.
5. Perform bidding and construction administration services as needed to assist
with the construction process. City staff will manage the bidding and the
construction administration, but staff will require help in responding to RFI’s and
reviewing shop submittals pertinent to the engineering work.
Available City of Evanston Data
1. Building floor plans (sketch quality) available in AutoCAD Version 2020.
2. Coordination / contact with City staff.
3. City project management and coordination.
4. Front end and architectural specifications.
Project Schedule
Phase Anticipated Schedule
Complete Investigation, Analysis and Design Development January 5,2024
Complete Bid & Construction Documents January 26,2024
Bid Advertisement February 8, 2024
Bid Opening February 26, 2024
Construction Contract Award March 11, 2024
Construction Starts April 1, 2024
Construction Completion, Certificate of Occupancy
Received
May 31, 2024
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Project Phases
Investigation, Analysis and Design Development
1. Field investigation to review existing conditions and determine requirements.
2. Review existing building design drawings.
3. Perform code analysis to verify and finalize the scope of work for the intended
building use.
4. Prepare design drawings of the improvements.
Construction Documents
1. Prepare drawings and technical specifications of the improvements.
2. Review the draft construction documents with City staff and code officials
periodically in order to obtain feedback and refine the work.
Bidding Phase
1. Provide final Construction Documents including: drawings (11x17 format –
AutoCAD and PDF) and technical specifications (Add to architectural
specification sheet).
2. Provide plan holder assistance and addenda preparation as required.
Construction Administration Phase
1. Review and take action against contractor submittals.
2. Review and prepare RFI responses and construction clarifications.
3. Review and advise the City regarding Contractor proposals and change orders.
4. Provide site visit to review completed work and prepare substantial and final
completion punch lists.
The selected consultant will be asked to execute the attached contract (Attachment A –
Agreement). Respondents should include any / all exceptions to this contract in their
proposal. Professional services are to be submitted as a not to exceed fixed fee with a
price breakdown for each work phase. Reimbursable expenses are to be submitted in a
not to exceed format and shall be restricted to mileage, mailing and reproduction
expenses. Proposers are also asked to submit an hourly rate schedule to be used as a
basis for additional services should they be required.
A walk-through of the park shelter will be accommodated upon request. All proposals
must be received by the Public Works Agency by 12:00pm on December 07, 2023.
Proposals may be emailed to my attention. Email: akhatkhate@cityofevanston.org. I can
be reached at 847-866-2975 to discuss any questions regarding this request for
proposal.
Sincerely,
Anil Khatkhate
Project Manager
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Cc. Stefanie Levine
Enclosures: Attachment A; Attachment B
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Page 1
kimley-horn.com 4201 Winfield Road, Suite 600, Warrenville, IL 60555 630-487-5550
December 12th, 2023
Anil Khatkhate
City of Evanston
2100 Ridge Ave.
Evanston, IL 60201
Re: Letter Agreement for Professional Services for
Bent Park MEP Services
2524 Cowper Ave, Evanston, IL 60201
Dear Anil:
Kimley-Horn and Associates, Inc. (“Kimley -Horn” or “Consultant”) is pleased to submit this Letter
Agreement (the “Agreement”) to the City of Evanston (“Client”) for providing MEP Engineering services
for the repair of the Bent Park community building.
Project Understanding
The Bent Park community building is a ~700 sq.ft. structure consisting of a multi-purpose hall, two
restrooms, and a mechanical/storage room. The building was damaged in a fire and requires a full gut
repair. The MEP scope is limited to a full redesign of the mechanical system and electrical system. The
plumbing scope is limited to all new piping distribution, water heating, and plumbing fixtures. The water
service to the building and backflow preventer are located in a hot box outside the building footprint
and were not damaged.
Scope of Services
Kimley-Horn will provide the services specifically set forth below.
Task 1: MEP Construction Documents
Kimley-Horn will provide the following MEP construction documents, demolition plans will not be
provided. It is assumed that the entire building will be gutted and the MEP systems removed in their
entirety. Kimley-Horn will provide a design assuming an empty shell space. It is anticipated that sheet
specifications will be utilized.
Mechanical System:
Full HVAC replacement. The design will consist of a ducted split heat pump system with remote
condensing unit and back-up electric heater to heat and cool the building. The toilet rooms shall be
exhausted using ceiling mounted exhaust fans.
Kimley-Horn will provide the following drawings:
• General Mechanical Notes, symbols, details, and schedules
• Mechanical Sheet Specs
• Mechanical Floor Plan
Electrical System:
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kimley-horn.com 4201 Winfield Road, Suite 600, Warrenville, IL 60555 630-487-5550
Full electric system replacement. The design will consist of bringing new power service from the pole
mounted transformer to the building and all new power and lighting. A new meter will be provided by
the utility, new electrical panels will provide power for lighting and HVAC equipment, a time clock will
be used for building lighting control. Kimley-Horn will provide lighting fixture selection and minimum
lighting levels per IES recommendations, and emergency lighting.
Kimley-Horn will provide the following drawings:
• General Electrical Notes, symbols, details, and schedules
• Electrical Sheet Specs
• Power Plan
• Lighting Plan
Plumbing System:
Partial plumbing system replacement. The design will consist of all new plumbing distribution in the
building. The existing water service, meter, and backflow preventer are assumed to be in good working
condition. The domestic cold water will be routed to the toilet rooms and existing hose bib locations.
Hot water will be provided by electric instantaneous hot water heaters in each toilet room.
Kimley-Horn will provide the following drawings:
• General Plumbing notes, symbols, details, and schedules
• Plumbing Sheet Specs
• Sanitary and Vent Plan
• Domestic Water Plan
Fire Alarm System:
New fire detection system. The design will consist of smoke detectors and fire alarm control panel. A
sprinkler system is not anticipated as part of the design.
Kimley-Horn will provide the following drawings:
• General Fire Alarm notes, symbols, details, and schedules
• Fire Alarm Sheet Specs
• Fire Alarm Plan
Task 2: Limited Construction Support Services
Kimley-Horn will review MEP submittals and RFIs prepared by the contractor.
Kimley-Horn will attend a maximum of two (2) 0.5-hour construction meetings.
Kimley-Horn will perform one (1) site visit and provide a punch list report at the end of construction.
The punch list report will document any construction deficiencies as compared to the contract
documents.
Task 3 (Alternate): Limited Structural Peer Review
Kimley-Horn will provide a limited third-party review of the structural engineering design in
accordance with ASCE 7-16 section 1.3.1.3.4. The following describes the review to be performed as
part of the scope of work:
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kimley-horn.com 4201 Winfield Road, Suite 600, Warrenville, IL 60555 630-487-5550
1. Our review will consist of one or more persons having the necessary expertise and
knowledge to evaluate the structural engineering design.
2. Our review is solely intended to provide the Client with a greater degree of confidence that
the structural engineering plans have been prepared in accordance with applicable
professional standards of care and are suitable for bidding.
3. Kimley-Horn’s review does not include performance of calculations. We will not repeat the
calculations performed by the engineer of record, but rather we will very assumptions, values,
and reference codes.
4. The engineer of record (EOR) will remain. Kimley-Horn will not serve as the EOR.
5. Kimley Horn’s evaluation will be a cursory and limited evaluation that may not disclose all
errors or defects that might be in the plans.
6. By conducting this limited evaluation, the Kimley-Horn is not assuming responsibility for the
content or accuracy of the plans.
7. The Client acknowledges that they will not attempt to hold Kimley-Horn liable for any defects
that may exist in the plans.
8. Deliverable: signed engineering memo highlighting our third-party that can be submitted to
the Authority Having Jurisdiction indicating the scope of our review and our findings.
Task 4 (Allowance): Engineering for Unforeseen Circumstances
Kimley-Horn is including a $5,000 fee to cover any potential unforeseen circumstances associated
with this project. The allowance will not be used unless express permission is granted by the City of
Evanston project manager. Kimley-Horn shall request email or letter authorization prior to using the
allowance.
Additional Services
Any services not specifically provided for in the above scope will be billed as additional services and
performed at our then current hourly rates.
Information Provided By Client
We shall be entitled to rely on the completeness and accuracy of all information provided by the Client
or the Client’s consultants or representatives. The Client shall provide all information requested by
Kimley-Horn during the project, including but not limited to the following:
• Full access to the project site
• Architectural floor plans and reflected ceiling plans in Revit or AutoCAD (2020 or later)
• Construction U-Values (roof, walls, and glazing)
• Plumbing fixture selections
• City title block
• Executed copy of this Agreement
Schedule
We will provide our services to complete bid and construction documents within 4 weeks of receiving a
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kimley-horn.com 4201 Winfield Road, Suite 600, Warrenville, IL 60555 630-487-5550
signed contract.
Fee and Expenses
Kimley-Horn will perform the services in Tasks 1 - 2 for the total lump sum fee below. Individual task
amounts are informational only. All permitting, application, and similar project fees will be paid directly
by the Client.
Task 1 MEP Construction Documents $ 6,500
Task 2 Limited Construction Support Services $ 2,200
Total Lump Sum Fee $ 8,700
Task 3 (Alternate) Limited Structural Peer Review $ 3,000
Task 4 (Allowance) Engineering for Unforeseen Circumstances $ 5,000
Lump sum fees will be invoiced monthly based upon the overall percentage of services performed.
Payment will be due within 25 days of your receipt of the invoice and should include the invoice number
and Kimley-Horn project number.
Closure
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to,
the attached Standard Provisions, which are incorporated by reference. As used in the Standard
Provisions, "Kimley-Horn" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to the
City of Evanston.
Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in a
PDF. We can also provide a paper copy via regular mail if requested. Please include the invoice
number and Kimley-Horn project number with all payments. Please provide the following information:
____ Please email all invoices to ___________________________
____ Please copy _______________________________________
To proceed with the services, please have an authorized person sign this Agreement below and return
to us. We will commence services only after we have received a fully-executed agreement . Fees and
times stated in this Agreement are valid for sixty (60) days after the date of this letter.
To ensure proper set up of your projects so that we can get started, please complete and return with
the signed copy of this Agreement the attached Request for Information. Failure to supply this
information could result in delay in starting work on this project.
We appreciate the opportunity to provide these services. Please contact me if you have any questions.
Sincerely,
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kimley-horn.com 4201 Winfield Road, Suite 600, Warrenville, IL 60555 630-487-5550
KIMLEY-HORN AND ASSOCIATES, INC.
Signed: Signed:
Printed Name: Tad Byrne, P.E. Printed Name: Drew Walker, P.E.
Title: Project Manager Title: Associate
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kimley-horn.com 4201 Winfield Road, Suite 600, Warrenville, IL 60555 630-487-5550
CITY OF EVANSTON
SIGNED:
PRINTED NAME: _______________________
TITLE:_________________________________
DATE: _______________________________
Client’s Federal Tax ID: _______________________
Client’s Business License No.: __________________
Client’s Street Address: _______________________
_______________________
Attachment – Request for Information
Attachment – Standard Provisions
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Contract with Kimley-Horn for Consulting Services for the...
MEP Memo and contract.pdf
449909800fd7bc3b01bd54b995b0378091a86aa9
MM / DD / YYYY
Signed
01 / 11 / 2024
14:45:03 UTC-6
Sent for signature to Alexandra Ruggie
(aruggie@cityofevanston.org) and Luke Stowe
(lstowe@cityofevanston.org) from lthomas@cityofevanston.org
IP: 66.158.65.76
01 / 11 / 2024
15:02:32 UTC-6
Viewed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 66.158.65.76
01 / 11 / 2024
15:02:50 UTC-6
Signed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 66.158.65.76
01 / 11 / 2024
15:03:01 UTC-6
Viewed by Luke Stowe (lstowe@cityofevanston.org)
IP: 66.158.65.76
01 / 11 / 2024
15:13:23 UTC-6
Signed by Luke Stowe (lstowe@cityofevanston.org)
IP: 66.158.65.76
The document has been completed.01 / 11 / 2024
15:13:23 UTC-6