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
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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
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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
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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
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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
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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.
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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-
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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
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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
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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
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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.
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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
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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
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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:
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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.
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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.
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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.
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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
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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
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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.
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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
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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:
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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Contract with Christopher Burke Engineering, for 2024 MFT...
Approval_of...cing_Pr.pdf and 1 other
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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