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HomeMy WebLinkAboutChristopher Burke Engineering - 2024 MFT Street Resurfacing Project Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Sat Nagar, Senior Project Manager CC: Edgar Cano, Public Works Agency Director; Lara Biggs, City Engineer Subject: Approval of Contract with Christopher Burke Engineering, Ltd. for 2024 MFT Street Resurfacing Project Construction Engineering Date: May 13, 2024 Recommended Action: Staff recommends that the City Council authorize the City Manager to execute a contract with Christopher B. Burke Engineering, Ltd. (820 Davis Street, Suite 520, Evanston, IL 60201) for consulting Resurfacing Street Tax Fuel Motor Project the to related services 2024 Construction Engineering in the not-to-exceed amount of $100,190.00. Funding Source: This contract was not budgeted, however funding is available from the Motor Fuel Tax Fund (Account 200.40.5100.62145 - 424002), which has a current balance of $6,642,272. CARP: Transportation & Mobility Council Action: For Action Summary: This project consists of roadway resurfacing at eight locations throughout the City of Evanston, including the streets that need restoration following the water main replacement. The work consists of removing and replacing the broken concrete curb, reconstructing sidewalk curb ramps at the intersections, doing sewer utility work, patching the roadway base, asphalt street resurfacing, and restoring related parkways. The construction plans and specifications were completed by Capital Planning & Engineering Bureau staff. This project is scheduled to begin in June and be completed by October 2024. The construction engineering of approval and review for project this tasks material include submittals, newsletter distribution, resident coordination, contractor coordination, weekly construction meetings, on-site monitoring of construction, quantity measurement, preparation of pay Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a estimates, preparation of as-built drawings at the completion of construction and completing the IDOT paperwork as required by Motor Fuel Tax Funds. The Capital Planning & Engineering Bureau is currently understaffed to support the construction engineering, and the staff responsible for the construction oversight for this project is retiring from the City as of May 31, 2024 Analysis: On June 12, 2023, the City Council approved the prequalification of four consulting firms to provide design, construction engineering, and surveying services for various infrastructure projects. On April 18, 2024, the four prequalified firms were requested to provide a cost proposal for a resident engineer to provide construction engineering services for the MFT Street Resurfacing Project. The cost proposals received are summarized below: Christopher Burke Engineering, Ltd. submitted the cost to provide the requested services, while the other consultants did not provide the cost proposal. Additionally, Christopher Burke Engineering has performed satisfactory work for the City in the past, including construction engineering services for various projects. Thus, the staff recommends awarding the construction engineering for the 2024 MFT Street Resurfacing project. As a licensed Evanston business, Christopher Burke Engineering satisfies the M/W/D/EBE goal. A memo reviewing their compliance is attached. Legislative History: On June 12, 2023, the City Council approved the Prequalification of Consulting Firms for Transportation Engineering and Surveying Services (RFQ 23-10). Attachments: CBBEL Proposal 2024 MFT Phase III Services.042924 CBBEL MFT Construction Engineering Svcs MWDEBE Memo Page 2 of 11 Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 41 Revised 03-02-2023 Exhibit J CITY OF EVANSTON PROFESSIONAL SERVICES AGREEMENT The parties referenced herein desire to enter into an agreement for professional services for RFP Number: 23-10 THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this ___ day of ________________, 20___, between the City of Evanston, an Illinois municipal corporation with offices located at 2100 Ridge Avenue, Evanston Illinois 60201 (hereinafter referred to as the “City”), and Christopher B. Burke Engineering, Ltd with offices located at 820 Davis Street Suite 520, Evanton, IL 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 $100,190.00. I.COMMENCEMENT DATE Consultant shall commence the Services on ____________ or no later than three (3) DAYS AFTER City executes and delivers this Agreement to Consultant. II.COMPLETION DATE Consultant shall complete the Services by 120 working days after the start of construction. 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 on or about July 1, 2024 2024 MFT Street Resurfacing Project Construction Engineering Services 30th May 24 Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 42 Revised 03-02-2023 City shall pay Consultant those fees as provided here: Payment shall be made upon the completion of each task for a project, as set forth in Exhibit A – Project Milestones and Deliverables. Any expenses in addition to those set forth here must be specifically approved by the City in writing in advance. IV. DESCRIPTION OF SERVICES Consultant shall perform the services (the “Services”) set forth here: Services are those as defined in Exhibit A, the City’s Request for Proposal/Qualifications No. # (Exhibit B) and Consultant’s Response to the Proposal (Exhibit C). Services may include, if any, other documented discussions and agreements regarding scope of work and cost (Exhibit D). V.GENERAL PROVISIONS A.Services. Consultant shall perform the Services in a professional and workmanlike manner. All Services performed and documentation (regardless of format) provided by Consultant shall be in accordance with the standards of reasonable care and skill of the profession, free from errors or omissions, ambiguities, coordination problems, and other defects. Consultant shall take into account any and all applicable plans and/or specifications furnished by City, or by others at City’s direction or request, to Consultant during the term of this Agreement. All materials, buildings, structures, or equipment designed or selected by Consultant shall be workable and fit for the intended use thereof, and will comply with all applicable governmental requirements. Consultant shall require its employees to observe the working hours, rules, security regulations and holiday schedules of City while working and to perform its Services in a manner which does not unreasonably interfere with the City’s business and operations, or the business and operations of other tenants and occupants in the City which may be affected by the work relative to this Agreement. Consultant shall take all necessary precautions to assure the safety of its employees who are engaged in the performance of the Services, all equipment and supplies used in connection therewith, and all property of City or other parties that may be affected in connection therewith. If requested by City, Consultant shall promptly replace any employee or agent performing the Services if, in the opinion of the City, the performance of the employee or agent is unsatisfactory. Consultant is responsible for conforming its final work product to generally accepted professional standards for all work performed pursuant to this Agreement. 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 Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 43 Revised 03-02-2023 agrees to be bound thereby, including all performance guarantees a s 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 work or provides Services under this Agreement. The Consultant shall cooperate fully with the City, other C ity 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 investigatio n, hearings or meetings convened or instituted by the City, any of its departments, and/or 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.Breach/Default. Any one of the following events shall be deemed an event of default hereunder by Consultant, subject to Consultant’s right to cure: 1.Failure to perform the Services as defined in Paragraph A above and contained within Exhibit A; 2.Failure to comply with any other of the General Provisions contained within this contract. Consultant, within thirty (30) days, shall have the right to cure any default Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 44 Revised 03-02-2023 herein listed at its own expense, including completion of Services or the replacement or termination of any agent, employee, or sub-contractor as a result of any violation of the General Provisions contained herein. D. Remedy. City does not waive any right to exercise any option to cure any breach or default on the part of contractor, including but not limited to injunctive relief, an action in law or equity or termination of this Agreement as outlined in Paragraph E of this section. E. Termination. City may, at any time, with or without cause, terminate this Agreement upon seven (7) days written notice to Co nsultant. 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. F. Independent Consultant. Consultant’s status shall be that of an independent Consultant and not that of a servant, agent, or employee of C ity. 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 shall require its employees to observe the working hours, rules, security regulations and holiday schedules of City, including but not limited to all policies and work rules applicable to City employees while on City property such as the Workplace Harassment Policy; COVID-19 Vaccination Policy; and Drug and Alcohol Policy. 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. Consultant shall certify that its agents, employees and subcontractors are in compliance with City work rules applicable to City employees while on City property. Failure to certify or violation of work rules is subject to the Default provisions of Paragraph C. Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 45 Revised 03-02-2023 G. 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. H. Ownership of Documents and Other Materials. All originals, duplicates and negatives of all plans, drawings, reports, photographs, c harts, 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 requ est 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. I. 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. J. 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. K. 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- Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 46 Revised 03-02-2023 contractors 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 claim s, 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. L. 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 Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 47 Revised 03-02-2023 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 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 gene ral 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. M. 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 Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 48 Revised 03-02-2023 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 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. N. 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. O. 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 v oid 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. P. 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 reg ulations, 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, crim inal 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. Q. 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 Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 49 Revised 03-02-2023 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. R. Notices. Every notice or other communication to be given by either party to the other with respect to this Agreement, shall be in writing and shall not be effective for any purpose unless the same shall be served personally or by United States certified or registered mail, postage prepaid, addressed if to City as follows: City of Evanston, 2100 Ridge Avenue, Evanston, Illinois 60201, Attention: Purchasing Division and to Consultant at the address first above set forth, or at such other address or addresses as City or Consultant may from time to time designate by notice given as above provided. S. 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. T. 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. U. 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. V. 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. W. 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. X. 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. Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 50 Revised 03-02-2023 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 disabiliti es 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. VIII. CONSULTANT CERTIFICATIONS Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 51 Revised 03-02-2023 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). 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 s imilar 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 Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 52 Revised 03-02-2023 form submitted by Consultant be part of this Agreement unless agreed to in a writing signed by both parties and attached and referred to herein as an Addendum, and in such event, only the portions of such proposal or contract form consistent with this Agreement and Exhibits hereto shall be part hereof. IN WITNESS WHEREOF, the parties hereto have each approved and executed this Agreement on the day, month and year first above written. CONSULTANT: CITY OF EVANSTON 2100 RIDGE AVENUE EVANSTON, IL 60201 By: ________________________ By:________________________ Luke Stowe Its: ________________________ Its: City Manager FEIN Number: _______________ Date: _______________________ Date: _______________________ Approved as to form: By: Alexandra Ruggie Its: Corporation Counsel Revision: April 2021 President 36-3468939 5/30/2024 06 / 03 / 2024 Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 53 Revised 03-02-2023 EXHIBIT A – Project Milestones and Deliverables This EXHIBIT A to that certain Consulting Agreement dated _______ between the City of Evanston, 2100 Ridge Avenue, Evanston, Illinois, 60201(“City”) and _______________ (“Consultant”) sets forth the Commencement and Completion Date, Serv ices, Fees, and Reimbursable Expenses as follows: I.COMMENCEMENT DATE: ____________________ II.COMPLETION DATE: ________________________ III.FEES: IV.SERVICES/SCOPE OF WORK: As defined in RFP/Q #________ (Exhibit B) and Consultants Response to Proposal (Exhibit C) Dated: ______________ C. B. Burke Eng., Ltd. $100,190.00 120 days after the start of construction on or about July 1, 2024 4/29/2024 23-10 4/29/2024 Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a Page 1 of 3 April 29, 2024 City of Evanston Public Works Agency Capital Planning & Engineering 2100 Ridge Avenue Evanston, IL 60201 Attention: Mr. Sat Nagar, P.E., Senior Project Manager Subject: Proposal to Provide Construction Engineering Services for the 2024 MFT Funded Street Resurfacing Project Dear Mr. Nagar: Christopher B. Burke Engineering, Ltd. (CBBEL) is pleased to submit this proposal for Construction Engineering services for the subject project. This proposal includes our Understanding of the Assignment, Scope of Services, and Estimate of Fee. UNDERSTANDING OF THE ASSIGNMENT CBBEL understands that the City is requesting cost proposals for the above referenced project. CBBEL also understands that City staff completed the survey and design and that the City intends to open bids and let the project for construction on April 30, 2024 SCOPE OF SERVICES Task 1.1 – Preconstruction Services CBBEL will perform the following tasks prior to the start of construction: Attend pre-construction conference and prepare and circulate minutes. Review Contractor’s construction schedule for compliance with contract documents. Attend any public meetings with concerned residents, if requested. Coordinate initial project notices with impacted stakeholders. Review preliminary construction layout in the field and identify potential conflicts. Task 1.2 – Construction Observation and Documentation CBBEL will provide one resident engineer for the duration of construction observation for the 2024 MFT Resurfacing Project. We have estimated a duration of 15 total weeks as stated in the RFP with observation of 40 hours per week. Due to current obligations, we are assuming Exhibit A Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a Page 2 of 3 an Engineer IV (Michael Rodak) for 50% of the duration with assistance from an Engineer I/II (TBD) for 50% of the duration. This includes the following tasks:  Observe the progress and quality of the executed work and determine if the work is proceeding in accordance with the Contract Documents.  Serve as the City’s liaison with the Contractor working principally through the Contractor’s field superintendent.  Assist Contractors in dealing with any outside agencies.  Attend all construction conferences. Arrange a schedule of progress meetings and other job conferences as required. Maintain and circulate copies of records of the meetings.  Review the Contractor’s schedule on a weekly basis. Compare actual progress to Contractor’s approved schedule. If the project falls behind schedule, work with the Contractor to determine the appropriate course of action to get back on schedule.  Maintain orderly files for correspondence, reports of job conferences, shop drawings and other submissions, reproductions or original contract documents including all addenda, change orders, and additional drawings issued subsequent to the award of the contract. Obtain and document all material inspections received from the Contractor as outlined in the Project Procedures Guide of IDOT’s Construction Manual.  Determine if the project has been completed in accordance with the Contract Documents and that the Contractor has fulfilled all of his obligations.  Record the names, addresses and phone numbers of all Contractors, subcontractors and major material suppliers in the diary.  Keep an inspector’s daily report book as outlined in the IDOT Project Procedures Guide, which shall contain a daily report and quantity of hours on the job site, weather conditions, list of visiting officials, daily activities, job decisions and observations as well as general and specific observations and job progress.  Prepare payment requisitions and change orders for the City’s approval, review applications for payment with the Contractor for compliance with established procedures for their submission and forward them with recommendations to the City. Task 1.3 – QA Material Testing  Material Testing will be provided by the City. Task 1.4 – Project Closeout CBBEL will perform the following tasks once construction is complete:  Prior to final inspection, submit to the Contractor a list of observed items requiring correction and verify that each correction has been made.  Coordinate and conduct the final inspection with the City, prepare a final punchlist.  Verify that all the items on the final punchlist have been corrected and make recommendations to the City concerning acceptance.  Once Contractor has fulfilled all obligations, prepare a final pay request for the City’s approval. Task 1.5 – MFT Final Papers Resident Engineer will coordinate and complete IDOT Final Papers required after 100% completion. This may include the following: Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a Page 3 of 3 BLR 13210 (Request for Approval of Change in Plans) BLR 13231 (Engineers Final Payment Estimate) BLR 13510 (Final Report, Notice of Completion) Material Certification Letter Task 1.6 – Record Drawings CBBEL will maintain a redline field set of working drawings showing changes in the work during construction to check against the Contractor’s Record Drawing pay item. CBBEL will provide a pdf copy of the redline field changes upon completion. This task does not include CAD or GIS related activities. ESTIMATE OF FEE We estimate the fee for these services to be $100,190.00 as shown on the attached Cost Estimate of Consultant Services Worksheet. We will bill you in accordance with the attached Cost Estimate of Consultant Services Worksheet. Direct costs for plan prints, photocopying, mailing, mileage, overnight delivery, messenger services, and report binding are included in the Fee Estimate. Please note that meetings and additional services performed by CBBEL that are not included as part of this proposal will be billed on a time and materials basis and at the attached hourly rates. If you have any questions, or require additional information, please contact me. Sincerely, Michael Kerr, PE President Encl: Cost Estimate of Consultant Services N:\PROPOSALS\ADMIN\2024\Evanston 2024 MFT PhIII Assistance\Proposal 2024 MFT.042924.docx Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a Local Public Agency County Section Number Prime Consultant (Firm) Name Prepared By Date Consultant / Subconsultant Name Job Number Remarks CONTRACT TERM 4 MONTHS OVERHEAD RATE 149.00% START DATE 6/1/2024 COMPLEXITY FACTOR RAISE DATE 1/1/2025 % OF RAISE 2.00% END DATE 9/30/2024 Year First Date Last Date Months % of Contract 0 6/1/2024 9/30/2024 4 100.00% The total escalation =0.00% ESCALATION PER YEAR PAYROLL ESCALATION TABLE EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET FIXED RAISE Christopher B. Burke Engineering, Ltd. Kevin Wilson 4/29/2024 Christopher B. Burke Engineering, Ltd. Note: This is name of the consultant the CECS is being completed for. This name appears at the top of each tab. Printed 4/29/2024 11:05 AM Page 1 of 6 BLR 05514 (Rev. 02/09/23) ESCALATION Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a Local Public Agency County Section Number Consultant / Subconsultant Name Job Number MAXIMUM PAYROLL RATE 86.00 ESCALATION FACTOR 0.00% IDOT CLASSIFICATION PAYROLL RATES CALCULATED RATE ON FILE Engineer VI $82.63 $82.63 Engineer V $72.59 $72.59 Engineer IV $59.41 $59.41 Engineer III $46.80 $46.80 Engineer I/II $36.22 $36.22 Survey V $85.04 $85.04 Survey IV $76.25 $76.25 Survey III $66.63 $66.63 Survey II $54.50 $54.50 Survey I $38.75 $38.75 Engineering Technician V $68.90 $68.90 Engineering Technician IV $64.03 $64.03 Engineering Technician III $42.86 $42.86 Engineering Technician I/II $30.00 $30.00 CAD Manager $70.83 $70.83 CAD Technician II $53.29 $53.29 GIS Speciailist III $58.00 $58.00 Landscape Architect $65.00 $65.00 Landscape Designer III $40.50 $40.50 Environmental Resource Specialist V $76.01 $76.01 Environmental Resource Specialist IV $60.78 $60.78 Environmental Resource Specialist III $52.75 $52.75 Environmental Resource Specialist I/II $30.92 $30.92 Environmental Resource Technician $45.30 $45.30 Engineering Intern $18.88 $18.88 Business Operations Department $57.69 $57.69 EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET FIXED RAISE PAYROLL RATES Christopher B. Burke Engineering, Ltd. Printed 4/29/2024 11:05 AM Page 2 of 6 BLR 05514 (Rev. 02/09/23) RATES Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a Local Public Agency County Section Number Consultant / Subconsultant Name Job Number QUANTITY CONTRACT RATE TOTAL $0.00 $0.00 $0.00 $0.00 75 $65.00 $4,875.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1000 $0.12 $120.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,995.00TOTAL DIRECT COSTS: Lab Services Actual Cost (Provide breakdown of each cost) Equipment and/or Specialized Equipment Rental Actual Cost (Requires 2-3 quotes with IDOT approval) Aerial Photography and Mapping Actual Cost (Requires 2-3 quotes with IDOT approval) Utliity Exploratory Trenching Actual Cost (Requires 2-3 quotes with IDOT approval) Testing of Soil Samples Actual Cost Courthouse Fees Actual Cost Storm Sewer Cleaning and Televising Actual Cost (Requires 2-3 quotes with IDOT approval) Traffic Control and Protection Actual Cost (Requires 2-3 quotes with IDOT approval) Public Meeting Exhibits/Renderings & Equipment Actual Cost (Submit supporting documentation) Recording Fees Actual Cost Transcriptions (specific to project)Actual Cost Web Site Actual Cost (Submit supporting documentation) Advertisements Actual Cost (Submit supporting documentation) Public Meeting Facility Rental Actual Cost (Submit supporting documentation) 2-Way Radio (Survey or Phase III Only)Actual Cost Telephone Usage (Traffic System Monitoring Only)Actual Cost CADD Actual Cost (Max $15/hour) Project Specific Insurance Actual Cost Monuments (Permanent)Actual Cost Photo Processing Actual Cost Overnight Delivery/Postage/Courier Service Actual Cost (Submit supporting documentation) Copies of Deliverables/Mylars (In-house)Actual Cost (Submit supporting documentation) Copies of Deliverables/Mylars (Outside)Actual Cost (Submit supporting documentation) Parking Actual Cost Overtime Premium portion (Submit supporting documentation) Shift Differential Actual Cost (Based on firm's policy) Vehicle Owned or Leased $32.50/half day (4 hours or less) or $65/full day Vehicle Rental Actual Cost (Up to $55/day) Tolls Actual Cost Lodging Taxes and Fees (per GOVERNOR'S TRAVEL CONTROL BOARD)Actual Cost Air Fare Coach rate, actual cost, requires minimum two weeks' notice, with prior IDOT approval Vehicle Mileage (per GOVERNOR'S TRAVEL CONTROL BOARD)Up to state rate maximum List ALL direct costs required for this project. Those not listed on the form will not be eligible for reimbursement by the LPA on this project. EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET ITEM ALLOWABLE Lodging (per GOVERNOR'S TRAVEL CONTROL BOARD) Actual Cost (Up to state rate maximum) DIRECT COSTS WORKSHEET Christopher B. Burke Engineering, Ltd. Printed 4/29/2024 11:05 AM Page 4 of 6 BLR 05514 (Rev. 02/09/23) DIRECT COSTS Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a Local Public Agency County Section Number Consultant / Subconsultant Name Job Number OVERHEAD RATE 149.00%0 TASK DIRECT COSTS (not included in row totals)STAFF HOURS PAYROLL OVERHEAD & FRINGE BENEFITS FIXED FEE SERVICES BY OTHERS TOTAL % OF GRAND TOTAL 1.1 Preconstruction Services 30 1,434 2,137 473 4,044 4.04% 1.2 Construction Observation and Doc 4,995 600 28,689 42,747 9,467 80,903 80.75% 1.3 Material Testing - - - - 0.00% 1.4 Project Closeout 60 2,869 4,275 947 8,091 8.08% 1.5 MFT Final Papers 12 574 855 189 1,618 1.61% 1.6 Record Drawings 4 191 285 63 539 0.54% - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Subconsultant DL $0.00 Direct Costs Total ===>$4,995.00 $4,995.00 4.99% TOTALS 706 33,757 50,299 11,139 - 100,190 100.00% 84,056 COMPLEXITY FACTOR EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET COST ESTIMATE WORKSHEET Christopher B. Burke Engineering, Ltd. Printed 4/29/2024 11:05 AM Page 5 of 6 BLR 05514 (Rev. 02/09/23) COST EST Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a Local Public Agency County Section Number Consultant / Subconsultant Name Job Number AVERAGE HOURLY PROJECT RATES SHEET 1 OF 2 PAYROLL AVG TOTAL PROJ. RATES HOURLY Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd CLASSIFICATION RATES Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Engineer VI 82.63 0.0 Engineer V 72.59 0.0 Engineer IV 59.41 353.0 50.00%29.71 15 50.00%29.71 300 50.00%29.71 30 50.00%29.71 6 50.00%29.71 Engineer III 46.80 0.0 Engineer I/II 36.22 353.0 50.00%18.11 15 50.00%18.11 300 50.00%18.11 30 50.00%18.11 6 50.00%18.11 Survey V 85.04 0.0 Survey IV 76.25 0.0 Survey III 66.63 0.0 Survey II 54.50 0.0 Survey I 38.75 0.0 Engineering Technician V 68.90 0.0 Engineering Technician IV 64.03 0.0 Engineering Technician III 42.86 0.0 Engineering Technician I/II 30.00 0.0 CAD Manager 70.83 0.0 CAD Technician II 53.29 0.0 GIS Speciailist III 58.00 0.0 Landscape Architect 65.00 0.0 Landscape Designer III 40.50 0.0 Environmental Resource S 76.01 0.0 Environmental Resource S 60.78 0.0 Environmental Resource S 52.75 0.0 Environmental Resource S 30.92 0.0 Environmental Resource Te 45.30 0.0 Engineering Intern 18.88 0.0 Business Operations Depa 57.69 0.0 0.0 TOTALS 706.0 100%$47.82 30.0 100.00%$47.82 600.0 100%$47.82 0.0 0%$0.00 60.0 100%$47.82 12.0 100%$47.82 EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET 1.1 Preconstruction Services 1.2 Construction Observation and Documentation 1.3 Material Testing 1.4 Project Closeout 1.5 MFT Final Papers Christopher B. Burke Engineering, Ltd. Printed 4/29/2024 11:05 AM Page 6 of 6 BLR 05514 (Rev. 02/09/23) AVG 1 Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 1 Revised 10-20 (09-17) CITY OF EVANSTON REQUEST FOR QUALIFICATIONS NUMBER: 23-10 For CONSTRUCTION ENGINEERING, DESIGN & SURVEYING SERVICES VARIOUS MUNICIPAL CIVIL ENGINEERING SERVICES January 19, 2023 PROPOSAL DEADLINE: Time 2:00 P.M., February 28, 2023 ELECTRONIC BID SUBMITTAL: Bid responses will only be accepted electronically via E-bidding through DemandStar (WWW.DEMANDSTAR.COM) It is highly recommended that new DemandStar users complete the account setup process prior to project due date/time. Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 2 Revised 10-20 (09-17) TABLE OF CONTENTS Notice to Proposers………………………………………………………………………...3 1.0 Introduction………………………………………………………………………….. 4 2.0 Scope of Services ........................................................................................... 5 3.0 Insurance ......................................................................................................... 6 4.0 Submittal Requirements (Please see Attachments) ...................................... 7 5.0 Additional Submittal Requirements ................................................................. 8 6.0 M/W/EBE Goals .............................................................................................. 8 7.0 Evaluation Criteria ........................................................................................... 8 8.0 Selection Process ............................................................................................ 9 9.0 Proposed Schedule ......................................................................................... 9 10.0 Questions Regarding RFQ .............................................................................. 10 11.0 General Terms and Conditions ........................................................................ 10 Price/Costs Form ....................................................................................................... N/A RETURN ALL EXHIBITS WITH RFQ Exhibit A – Disclosure of Ownership Interests ........................................................... 16 Exhibit B – Additional Information Sheet ................................................................... 19 Exhibit C – Conflict of Interest Form .......................................................................... 20 Exhibit D – Acknowledgement of Understanding....................................................... 21 Exhibit E – Anti-Collusion Affidavit and Proposer’s Certification ............................... 22 Exhibit F – City of Evanston M/W/EBE Policy ....................................................... 23 Exhibit G – M/W/EBE Participation Compliance Form ......................................... 24 Exhibit G – M/W/EBE Utilization Summary Report ............................................... 25 Exhibit H – M/W/EBE Participation Waiver Reques .............................................. 26 Exhibit I – M/W/EBE Assistance Organizations......................................................... 27 Exhibit J – Professional Services Agreement Acknowledgement .............................. 28 Exhibit J - Consultant Certification and Verification Addendum ................................ 29 Exhibit J – Professional Services Agreement……………………………………………30 Exhibit K – Bond Submittal Label ………………………………………….................43 ATTACHMENTS DemandStar- E-bidding Instructions…………………………………………………14 pages Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 3 Revised 10-20 (09-17) CITY OF EVANSTON NOTICE TO PROPOSERS Proposals will be received by the Purchasing Office until 2:00 P.M. local time on February 28, 2023. Effective immediately, the City of Evanston will no longer accept hard copy paper submittals for any solicitation. Responses will only be accepted electronically via E -bidding through DemandStar (www.demandstar.com). Although registration is required, vendors can download solicitations and upload responses for free. Proposals shall cover the following: CONSTRUCTION ENGINEERING, DESIGN & SURVEYING SERVICES RFQ Number: 23-10 The City of Evanston’s Bureau of Capital Planning & Engineering of the Evanston Public Works Agency is seeking proposals from experienced firms for: Various Design, Construction Engineering and Land Survey Professional Services related to municipal infrastructure capital improvements. The purpose of this RFQ is to prequalify a group of highly proficient multifaceted civil engineering consulting firms. The successful firms will be prequalified to submit proposals requested by City staff for various professional services on an as needed basis over a period of three (3) years with the potential for one (1) additional year extension. The above item shall conform to the RFQ on file in the Purchasing Office. Parties interested in submitting a proposal should contact the Purchasing Office to receive a copy of the RFQ or see the City’s website at: www.cityofevanston.org/business/bids-proposals/ or Demandstar at: www.demandstar.com. The City (the City of Evanston) in accordance with the laws of the State of Illinois, hereby notifies all firms that it will affirmatively ensure that the contract(s) entered into pursuant to this notice will be awarded to the successful firm without discrimination on the grounds of race, color, religion, sex, age, sexual orientation marital status, disability, familial status or national origin. The 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. Linda Thomas Purchasing Specialist Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 4 Revised 10-20 (09-17) CITY OF EVANSTON Request for Qualifications 1.0 INTRODUCTION The City is seeking qualifications for the various civil engineering projects design, construction and land survey professional services related to municipal infrastructure capital improvements. The purpose of this RFQ is to prequalify a group of highly proficient multifaceted civil engineering consulting firms. The successful firms will be prequalified to submit proposals requested by City staff for various professional services on an as needed basis over a period of three years with the potential for one additional year extension. Some of the infrastructure projects are:  Roadway  Signals  Sidewalk replacement or new installations  ADA Ramps  Drainage improvements The contract term desired is for a period of three (3) years with an additional one (1) year option to renew. Contact with City personnel in connection with this RFQ shall not be made other than as specified in this RFQ. Unauthorized contact of any City personnel may be cause for rejection of a proposal. Prior to the submittal of a proposal, Proposers are advised to carefully examine  the contract documents  project scope and work tasks to be accomplished  specifications  submittal requirements  insurance requirements and required documentation Proposers are advised to become thoroughly familiar with all conditions, instructions and specifications governing this RFQ. Proposals shall be made in accordance with these instructions. Proposals shall be submitted on the forms provided by the City The City will not be liable in any way for any costs incurred by respondents in replying to this Request for Qualifications. Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 5 Revised 10-20 (09-17) 2.0 SCOPE OF SERVICES Design & Construction Engineering Services for various infrastructure projects Indicated below: The Design engineering services must be in accordance with IDOT, MWRD, IEPA, FHWA, NACTO & other regulatory agencies. The Construction administration, inspection and QA/QC as required per the City & IDOT Standard Specifications. The resident engineer must review and approve materials cut sheets, coordinate contractor schedule, monitor the contractor’s work, measure quantities and prepare pay estimates for City approval. Enforce IDOT traffic control requirements during construction. Coordination with Utility Companies, residents/ public coordination and newsletter distribution as needed. At the completion of the project provide As-Built Plans for the project.  Roadway  Signals  Sidewalk replacement or new installations  ADA Ramps  Drainage Improvements The construction material testing for the project will be provided by City’s consultant. Surveying Services: After the completion of the field survey, the drawings shall be submitted using the City’s CAD template in AutoCAD 2018 as plan and profile sheets on a border provided by the City at 1:20 scale. In addition all point files shall be submitted to the city with the following requirements. SURVEY REQUIREMENTS: All data collected shall be referenced to the City of Evanston’s survey monument system vertical datum only, horizontal Geo Reference the Illinois State Plane Coordinate System, East Zone, North American Datum of 1983 is required. measured from edge to edge, amp; flow line spot elevations Features in ROW; including but not limited to water, sewer, electric, gas, cable, traffic, lighting, telecom, etc. (inverts and top of frame elevations), pipe material, orientation and diameter Boxes, Fire Hydrants etc., both location and elevations Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 6 Revised 10-20 (09-17) low points, apparent grade breaks and/or changes in surface type within the ROW and a minimum of 10’ beyond. appropriate at each alley entrance and at alley T’s, L’s, and bends or changes in width based on a boundary survey of the adjacent properties performed under the supervision of an Illinois PLS. Monuments shall be tied for purposes of establishing the ROW at the time of construction. DRAWING REQUIREMENTS: survey) f necessary) with elevations of all water & sewer structures in the street, low points, apparent grade breaks and/or changes in surface type within the ROW and a minimum of 10’ beyond Points with Horizontal and Vertical information displayed water main. nts, centerline monuments and associated ties, and benchmarks shall be accurately and suitably displayed on the drawings. The drawings shall be submitted using the City’s CAD template in AutoCAD 2018 as plan and profile sheets on a border provided by the C ity at 1:20 scale. In addition all point files shall be submitted. 3.0 INSURANCE Consultant shall carry and maintain at its own cost with such companies as are reasonably acceptable to City all necessary liability insurance (which shall include as a minimum the requirements set forth below) during the term of this Agreement, for damages caused or contributed to by Consultant, and insuring Consultant against claims which may arise out of or result from Consultant’s performance or failure to perform the Services hereunder. The consultant must provide an insurance certificate naming the City of Evanston as an additional insured and will provide a variety of insurances including: Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 7 Revised 10-20 (09-17)  comprehensive general liability - $3,000,000 combined single limit for each occurrence for bodily injury and property damage – designating the City as Additional Insured  Workers Compensation - Statutory Limits  Automobile Liability - $1,000,000 per occurrence for all claims arising out of bodily injuries or death and property damages.  errors and omissions or professional liability insurance - $1,000,000 The surety and the insurance company must have not less than an A+ rating from the Alfred M. Best Co., Inc. and be approved by the City of Evanston. Consultant’s certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without thirty (30) days prior written notice (hand delivered or registered mail) to City. 4.0 SUBMITTAL REQUIREMENTS The City will no longer accept hard copy paper submittals for any solicitation. Responses will only be accepted electronically via E-bidding through DemandStar. Respondents are still required to complete all of the bid documents and provide all of the requested information in a pdf file(s). Please refer to attached DemandStar e- bidding documents. ANY PROPOSALS RECEIVED AFTER THE SUBMITTAL DEADLINE, WILL BE NOT BE ACCEPTED. It is the sole responsibility of the proposer to insure that his or her proposal is delivered by the stated time. THE CITY IS NOT RESPONSIBLE FOR IMCOMPLETE UPLOADED SUBMITTALS. A. Cover Letter The cover letter will include the following:  introduction of firm signed by an authorized Principal of the firm  name of firm  address of firm  phone number of the firm submitting the proposal  include the name and signature of an authorized binding official who is authorized to answer questions regarding the firm’s proposal B. Qualifications and Experience of Firm and/or Team  All respondents shall describe other contracts (at least 5, but no more than10) similar in scope, size or discipline to the required services described herein, performed or undertaken within the past five years.  The respondent must provide references, including name, address and telephone number of a contact person for each project identified and described.  Indicate commencement dates, duration and type of operation .  Provide a list of all Municipal clients in Illinois. Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 8 Revised 10-20 (09-17) C. Area/Regional Manager(s) Clearly identify the professional staff person(s) who would be assigned as your Area/Regional Manager(s) and provide resumes. The proposal should indicate the abilities, qualifications and experience of these individuals. D. Fees Not applicable at this time. E. Contract The City has attached its standard contract in Exhibit J (see page 30– Professional Services Agreement). Identify all exceptions to the agreement that would prevent your Firm from executing it. The City shall not consider or negotiate regarding exceptions submitted at any time after the submission of the Proposer’s response. 5.0 ADDITIONAL SUBMISSION REQUIREMENTS N/A 6.0 M/W/EBE GOALS The City has a goal of 25% of the contract amount for the participation and utilization of Minority-Owned, Women-Owned, and Evanston-based businesses (M/W/EBEs) in completing a portion of the services required by the City. All respondents must submit a statement of the proposed involvement of M/W/EBEs in completing a portion of the required services. Provide a copy of the certification for M/W/EBEs that will assist in achieving the M/W/EBE goal with your submittal as well as the appropriate M/W/EBE forms or Request for Waiver. Any questions regarding M/W/EBE compliance should be submitted in writing to Tammi Nunez Purchasing Manager at tnunez@cityofevanston.org. 7.0 EVALUATION CRITERIA The City will select the successful firm through an evaluation process based on the firm meeting the specifications which are outlined in this RFQ. 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. A. Qualifications and Expertise B. Organization and Completeness of Proposal C. Illustration of Types of Projects D. Willingness to Execute the City of Evanston’s Professional Services Agreement E. M/W/EBE Participation Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 9 Revised 10-20 (09-17) 8.0 SELECTION PROCESS The City will select a firm on the basis of the responsiveness of the proposal to the RFQ 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 Qualifications. B. Demonstrate competence, experience, and the ability to provide the services described in this Request for Qualifications. C. Submit a response on or before the deadline and complete all required forms. D. To fulfill a request for an oral presentation. E. To respond to a written request for additional information. Discussions and/or interviews may be conducted with responsible firms that have submitted proposals in order to clarify certain elements. All proposals shall be afforded fair and equal treatment with respect to any opportunity for clarification. In conducting discussion, there shall be no disclosure of information derived from proposals submitted by competing firms. The selection shall be done by the City’s review committee and will be recommended to the City Council for final approval. If the City is unable to reach any sort of agreement with the selected firm, the City will discontinue negotiations with the selected firm and begin negotiations with the firm ranked second and so on until agreement is reached. The firm to be recommended to the City Council will be the one whose proposal is determined to be the most advantageous to the City in consideration of price and all other evaluation factors which are set forth in this Request for Proposal No other factors or criteria not listed in this RFQ shall be used in the evaluation. 9.0 PROPOSED SCHEDULE The tentative schedule for this RFQ and project process is as follows: 1. RFQ issued .................................................... January 19, 2023 2. RFQ Last Questions…………………………….February 2, 2023 3. RFQ Final Addendum…………………………..February 9, 2023 4. RFQ Submission Due Date ............................ February 28, 2023 5. City Council Award of Contract ...................... April 24, 2023 6. Contract Effective ........................................... May 1, 2023 Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 10 Revised 10-20 (09-17) 10.0 QUESTIONS REGARDING RFQ All questions related to this RFQ should be submitted in writing to Linda Thomas, Purchasing Specialist at: lithomas@cityofevanston.org a copy to snagar@cityofevanston.org. 11.0 GENERAL TERMS AND CONDITIONS A. Confidentiality In connection with this Agreement, City may provide Consultant with information to enable Consultant to render the Services hereunder, or Consultant may develop confidential information for City. Consultant agrees (i) to treat, and to obligate Consultant’s employees to treat, as secret and confidential all such information whether or not identified by City as confidential, (ii) not to disclose any such information or make available any reports, recommendations and /or conclusions which Consultant may make for City to any person, firm or corporation or use the same in any manner whatsoever without first obtaining City’s written approval, and (iii) not to disclose to City any information obtained by Consultant on a confidential basis from any third party unless Consultant shall have first received written permission from such third party to disclose such information. Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure withi n limited statutory timeframes (five (5) working days with a possible five (5) working day extension). Upon notification from the City that it has rece ived 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. The Purchasing Specialist will endeavor to advise the firm of any request for the disclosure of the material so marked with “TRADE SECRET”, “CONFIDENTIAL”, or “PROPRIETARY”, and give the firm or other submitting party the opportunity to seek a court order to protect such materials from disclosure. If the requested material was submitted by a party other than the firm, then the firm shall be solely responsible for notifying the submitting party of the request. The City’s sole responsibility 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 Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 11 Revised 10-20 (09-17) 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 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 f ees, 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 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 cost s, 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 Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 12 Revised 10-20 (09-17) 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. E. Addenda Any and all changes to these documents are valid only if they are included via written addendum to all respondents. Each respondent should acknowledge receipt of any addenda by indicating same in their proposal submission. Each respondent acknowledging receipt of any addenda is responsible for the contents of the addenda and any changes to the proposal therein. Failure to acknowledge any addenda may cause the proposal to be rejected. Addenda information is available over the internet at City of Evanston Notices & Documents or www.demandstar.com, or by contacting the Purchasing Office, 847-866-2935. F. Term The contract is for three (3) years. 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 of the contract in the event that insufficient funds to complete the contract are appropriated by Evanston City Council. H. Property of the City All discoveries and documents produced as a result of any service or project undertaken on behalf of the City of Evanston shall become the property of the City. I. Payment Terms The consultant shall submit invoices detailing the services provided , project, professional staff, and hours. Payment shall be made in accordance with the Local Government Prompt Payment Act. Please note that failure to provide a detailed invoice could result in delay of payment and include termination of any agreement. J. Disclosures and Potential Conflicts of Interest The City of Evanston’s Code of Ethics prohibits public officials or emplo yees 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 Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 13 Revised 10-20 (09-17) profit, without full public disclosure of such interest. This disclosure requirement extends to the spouse, children and grandchildren, and their spouses, parents and the parents of a spouse, and brothers and sisters and their spouses. To ensure full and fair consideration of all proposals, the City of Evanston requires all Proposers including owners or employees to investigate whether a potential or actual conflict of interest exists between the Proposer and the City of Evanston, its officials, and/or employees. If the Proposer discovers a potential or actual conflict of interest, the Proposer must disclose the conflict of interest in its proposal, identifying the name of the City of Evanston official or employee with whom the conflict may exist, the nature of the conflict of interest, and any other relevant information. The existence of a potential or actual conflict of interest does NOT, on its own, disqualify the disclosing Proposer from consideration. Information provided by Proposers in this regard will allow the City of Evanston to take appropriate measures to ensure the fairness of the proposal process. The City requires all Proposers to submit a certification, enclosed with this RFQ, that the Proposer has conducted the appropriate investigation and disclosed all potential or actual conflicts of interest. K. Protests Any actual or prospective Proposer, who is aggrieved in connection with the solicitation or award of a contract, may protest to the Purchasing Office. The protest shall be submitted in writing within ten (10) calendar days after such aggrieved person knows or should have known of the facts giving rise thereto.  The Proposer shall submit any protests or claims regarding this solicitation to the Purchasing Office.  A pre-bid protest must be filed five (5) days before the bid opening or proposal submittal.  A pre-award protest must be filed no later than ten (10) days after the bid opening date or proposal deadline.  A post-award protest must be filed no later than ten (10) days after the award of the Contract. All claims by a Proposer against the City relating to a contract shall be submitted in writing to the Purchasing Specialist. The City will only consider protests that are properly and timely submitted. All protests or claims must set forth the name and address of the protester, the contract number, the grounds for the protest or claim, and the course of action that the protesting party desires the Purchasing Specialist to take. Statements shall be sworn and submitted under penalty of perjury. L. Authority To Resolve Protests And Contract Claims Protests: The Purchasing Specialist shall have the authority to consider and resolve a protest of an aggrieved Proposer, actual or prospective, concerning Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 14 Revised 10-20 (09-17) the solicitation or award of a contract. The City shall issue a written decision and that decision is final. Contract Claims: The Purchasing Specialist, after consulting with Corporation Counsel, shall have the authority to resolve contract claims, subject to the approval of the City Manager or City Council, as applicable, regarding any settlement that will result in a change order or contract modification. Each Proposer, by submitting a response to this RFQ, 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 RFQ, shall be deemed to have irrevocably and unconditionally agreed to this indemnity obligation. M. Litigation For purposes of this Section, the following terms are defined as follows: “issue” means any prior or pending litigation or investigation, either civil or criminal, or any governmental agency action or proceeding (the “issue”), which may affect the performance of the services to be rendered herein. For purposes of this Section, an “issue” shall also include any criminal, civil, or administrative penalty or finding imposed against any covered individual. An issue occurring within seven (7) years of the date preceding the date of the Proposer’s response shall be disclosed by the Proposer. “covered individual” means any principal, president, managing partner, or vice - president, affiliated in anyway with the Firm, and the Firm’s employees or sub- contractors. All proposers shall identify and describe with particularity any issue. The City, and not Proposer, has the sole discretion to determine whether an issue may affect the performance of the services. Failure of any Proposer to comply with this mandatory obligation shall, at the City’s sole discretion, result in the Proposer’s response being deemed non -responsive and not responsible. Failure of any Proposer to comply with the obligation specified herein may result in the voiding any subsequent contract award to Proposer if the City discovers upon the exercise of its customary due diligence that Proposer failed to comply with the mandatory obligation in this Section. The City reserves all rights to take any other actions in the case of a Proposer’s non -compliance with this Section. N. Sub-contractors If any firm submitting a proposal intends on sub-contracting out all or any portion of the engagement, that fact, and the name of the proposed sub-contracting firm(s) must be clearly disclosed in the proposal. Following the award of the Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a 15 Revised 10-20 (09-17) contract, no additional sub-contracting will be allowed without the prior written consent of the City of Evanston. O. Contact with City Personnel All Proposers are prohibited from making any contact with the City Manager, City Council, or any other official or employee of the City with regard to the Project, other than in the manner and to the person(s) designated herein. The Purchasing Specialist reserves the right to disqualify any Proposer found to have contacted City Personnel in any manner with regard to the Project. Additionally, if it is determined that the contact with City Personnel was in violation of any provision of 720 ILCS 5/33EE, the matter may be referred to the Cook County State’s Attorney for review and prosecution. P. Costs Incurred The City of Evanston assumes no responsibility or liability for costs incurred by the Proposer prior to the execution of a contract. This includes costs incurred by the Proposer as a result of preparing a response to this RFQ. Doc ID: 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a Contract with Christopher Burke Engineering, for 2024 MFT... Approval_of...cing_Pr.pdf and 1 other 6dd9fc93f81e8eacbf9bd163664acaf5fc3b712a MM / DD / YYYY Signed 05 / 31 / 2024 15:14:56 UTC-5 Sent for signature to Alexandra Ruggie (aruggie@cityofevanston.org) and Luke Stowe (lstowe@cityofevanston.org) from lthomas@cityofevanston.org IP: 66.158.65.76 05 / 31 / 2024 15:19:59 UTC-5 Viewed by Alexandra Ruggie (aruggie@cityofevanston.org) IP: 98.46.105.176 05 / 31 / 2024 15:20:11 UTC-5 Signed by Alexandra Ruggie (aruggie@cityofevanston.org) IP: 98.46.105.176 06 / 03 / 2024 14:48:23 UTC-5 Viewed by Luke Stowe (lstowe@cityofevanston.org) IP: 66.158.65.76 06 / 03 / 2024 14:48:49 UTC-5 Signed by Luke Stowe (lstowe@cityofevanston.org) IP: 66.158.65.76 The document has been completed.06 / 03 / 2024 14:48:49 UTC-5