HomeMy WebLinkAboutIndependent Mechanical Industries - Replacement of Filter Backwash Valves Hydraulic Actuators Memorandum
To: Honorable Mayor and Members of the City Council
CC: Members of Administration and Public Works Committee
From: Darrell King, Water Production Bureau Chief
CC: Edgar Cano, Public Works Agency Director
Subject: Award of Contract with Independent Mechanical Industries
Incorporated for the Replacement of Three 30" Filter Backwash Valves
with Hydraulic Actuators (Bid No. 24-16)
Date: May 13, 2024
Recommended Action:
Staff recommends that the City Council authorize the City Manager to execute an agreement
with Independent Mechanical Industries, Incorporated (2671 United Lane, Elk Grove Village,
IL 60007) to remove and replace three 30" filter backwash valves with hydraulic actuators
(Bid No. 24-16) in the amount of $73,950.00.
Funding Source:
Funding is provided by the Water Capital Outlay Business Unit (Account 510.40.4230.65702),
which has an approved FY 2024 budget of $275,000 and a YTD balance of $196,512.00.
CARP:
Municipal Operations, Emergency Preparedness & Management
Council Action:
For Action
Summary:
The Evanston Water Treatment Plant filtration system consists of a total of 24 filters with a
peak-rated filtration capacity of 108 million gallons per day (mgd). Maintaining water filtration
plants requires proper preventative maintenance, which in turn can prolong filter operation,
enhance performance, and ensure effluent goals and regulatory compliance requirements are
achieved. In 1989, the United States Environmental Protection Agency (USEPA) promulgated
the Surface Water Treatment Rule (SWTR). The purpose of the SWTR is to reduce illnesses
caused by pathogens in drinking water. The SWTR requires water systems to filter and
disinfect surface water sources. Title 35 of the Illinois Administrative Code Part 604.600
defines the requirements of filtration as well as filter backwash processes.
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The hydraulic actuators and valves on Filter #13, #14 & #18 have failed, causing the valves
not to close. The actuators were disassembled, and the internal parts were found to be
corroded beyond repair. The valves themselves fail to seat when fully closed, causing
leakage. The valves and actuators were the original equipment installed in 1948 and have
reached the end of their useful life.
Analysis:
The contract for removing and installing the hydraulic actuators and valves was advertised on
Demandstar and the Pioneer Press and was directly emailed to five potential bidders. Bids for
the project were due on Tuesday, April 9, 2024. The following two bids were received:
The bids were reviewed by Darrell King, Water Production Bureau Chief, Stephen Quinn,
Filtration Division Chief, and Thomas Sweeney, Filtration Project Management Supervisor.
The contractor has performed similar work for the following utilities: North Shore Water
Reclamation District ($317,500), the Village of Carpentersville ($495,000), and the Village of
Plainfield ($257,400). Staff followed up with the above references, who provided excellent
feedback regarding the contractor's performance, and therefore, staff recommends the award
of this contract to Independent Mechanical Industries, Inc.
Attachments:
BID 24-16 MWDEBE Waiver Memo
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BID 24 -16 30 Inch Backwash Valve Replacement , MW DEBE Waiver 0 5-13 -2024
To: Edgar Cano, Public Works Agency Direc tor
Darrell A. King, Water Production Bureau Chief
From: Tammi Nunez, Purchasing Manager
Subject: BID 24-16 30 Inch Backwash Valve Replacement
Date: May 13, 2024
The goal of the Minority, Women, and Evanston Business Enterprise Program
(M/W/D/EBE) is to assist such businesses with opportunities to grow. In order to
help ensure such growth, the City has established a 25% M/W/D/EBE
subcontracting participation goal for general contractors.
With regard to the Contract for the Inch Backwash Valve Replacement, BID No.
24-16, total bid amount of $73,950.00, the primary contractor Independent
Mechanical Industries, Inc ., has requested a waiver for the M/W/D/EBE
participation goal. Per the waiver request, Pipef itter is the sole trade on the
project and will be self -performed by Independent Mechanical Industries, Inc .
The valves have been purchased and supplied by the City of Evanston. The
waiver request and explanation were reviewed and approved to be valid by the
Project Manager.
Cc: Hitesh Desai / Chief Financial Officer / Treasurer
Memorandum
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i
Exhibit N
CONTRACTOR SERVICES AGREEMENT
The parties referenced herein desire to enter into an agreement for professional services for
30 Inch Backwash Valve Replacement
(BID #24-16)
THIS AGREEMENT (hereinafter referred to as the “Agreement”) is entered into 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 Independent Mechanical
Industries, Incoporated, with offices located at 2671 United Lane, Elk Grove Village, IL 60007,
(hereinafter referred to as the “Contractor”). Compensation (the “Compensation”) for all basic
services provided by the Contractor pursuant to the terms of this Agreement shall not exceed
$73,950.00.
Revision March 2020
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TABLE OF CONTENTS
1 Services and Duties of the Contractor ................................................................................ 1
2 Standard Certifications........................................................................................................ 4
3 Additional Services/Change Orders .................................................................................... 7
4 Bonds .................................................................................................................................. 9
5 Liquidated Damages in the Event Contractor Fails to Complete the Work ..................... 10
6 The City’s Responsibilities ............................................................................................... 10
7 Period of Service ............................................................................................................... 10
8 Payment for Services and Reimbursements ...................................................................... 11
9 Notice and Cure/Termination ........................................................................................... 12
10 Insurance ........................................................................................................................... 13
11 Indemnification ................................................................................................................. 14
12 Drawings and Documents ................................................................................................. 15
13 Successors and Assigns..................................................................................................... 16
14 Force Majeure ................................................................................................................... 16
15 Amendments and Modifications ....................................................................................... 17
16 Standard of Care & Warranty ........................................................................................... 17
17 Savings Clause .................................................................................................................. 18
18 Non-Waiver of Rights ....................................................................................................... 18
19 Entire Agreement .............................................................................................................. 18
20 Governing Law ................................................................................................................. 19
21 Ownership of Contract Documents ................................................................................... 19
22 Notice ................................................................................................................................ 19
23 Severability ....................................................................................................................... 19
24 Execution of Agreement ................................................................................................... 20
25 Counterparts ...................................................................................................................... 20
26 Authorizations ................................................................................................................... 20
27 Time of Essence ................................................................................................................ 20
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RECITALS
WHEREAS, the City intends to retain the services of a qualified and experienced
contractor for the following:
Work on this project includes supplying all labor, machinery, tools, materials, and
equipment necessary to remove and replace three (3) existing 30 inch backwash valves with new
valves supplied by the City of Evanston. The City will supply the three (3) 30 inch actuating valves
only. All other materials required for the installation including nuts, bolts, gaskets, and spool pipe
etc. shall be supplied by the contractor. Connections to hydraulic lines and PLC’s for the actuators
shall be completed by the City. Valves will be installed on Filters 13, 14, and 18.
WHEREAS, this Agreement shall include the following documents which are attached
hereto:
a) City of Evanston Bid 24-16, attached as Exhibit A.
b) Contractor’s response to Bid 24-16, attached as Exhibit B.
c) Any sub-contractor sub-contracts related to this Agreement, attached as Exhibit C.
d) Project Fee Schedule and hourly rates, attached as Exhibit D (if appropriate).
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the
parties agree as follows:
1 Services and Duties of the Contractor
1.1 The Contractor shall perform professional services and provide equipment (the
“Work”) in accordance with Exhibits A, B, C and D. The Contractor retains the right to control
the manner of performance of the services provided for in this Agreement and is an independent
contractor and not agent or an employee of the City. All employees and sub-contractors of the
Contractor shall likewise not be considered to be employees of the City. Contractor is solely
responsible for the means and methods of all work performed under the terms of this Agreement
for this Project (“the Project”). Contractor is an independent Contractor and is solely responsible
for all taxes, withholdings, and other statutory or contractual obligations of any sort, including but
not limited to, Worker’s Compensation Insurance. Nothing in this Agreement accords any third-
party beneficiary rights whatsoever to any non-party to this Agreement that any non-party may
seek to enforce. Contractor acknowledges and agrees that should Contractor or its sub-contractors
provide false information, or fail to be or remain in compliance with this Agreement; the City may
void this Agreement.
1.2 The Contractor warrants and states that it has read the Contract Documents, and
agrees to be bound thereby, including all performance guarantees as respects Contractor’s work
and all indemnity and insurance requirements. Contractor further affirms that it has visited the
Project site and has become familiar with all special conditions, if any, at the Project site.
Contractor shall perform the Work and its obligations under this Agreement in accordance with
and subject to the Contract Documents to the full extent that each such provision is applicable to
the Work. Contractor shall take necessary precautions to properly protect the Work of others, if
any, from damage caused by operations under this Agreement. In addition, Contractor shall protect
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the work during normal and adverse weather conditions until the Project is complete and accepted
by the City, or until the Contractor has fully completed its work under this Agreement.
Contractor’s obligations include, but are not limited to, placing and adequately maintaining at or
about all locations of Project work, sufficient guards, barricades, lights, and enclosures to protect
the Work.
1.3 The Contractor shall not have any public or private interest and shall not acquire
directly or indirectly any such interest which conflicts in any manner with the performance of its
services under this Agreement.
1.4 The Contractor shall designate, in writing, a person to act as its Project Manager
for the work to be performed under this Agreement. Such person shall have complete authority to
transmit instructions, receive information, interpret and define the Contractor’s policies and
decisions with respect to the work covered by this Agreement.
1.5 The Contractor shall employ only persons duly licensed by the State of Illinois to
perform the professional services required under this Agreement for which applicable Illinois law
requires a license, subject to prior approval of the City. The Contractor shall employ only well
qualified persons to perform any of the remaining services required under this Agreement, also
subject to prior approval of the City. The City reserves the right to require replacement of
Contractor, sub-contractor, or supplier personnel for any reason. Contractor will replace the
unacceptable personnel at no charge to the City. For all solicitations or advertisements placed by
or on behalf of Contractor for employees for this Project it will state that the Contractor is an Equal
Opportunity Employer.
1.6 Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in
the possession of others whom the City has contracted with to perform a governmental function
are covered by the Act and subject to disclosure within limited statutory timeframes (five (5)
working days with a possible five (5) working day extension). Upon notification from the City that
it has received a Freedom of Information Act request that calls for records within the Contractor’s
control, the Contractor 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 Contractor 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. Contractor shall indemnify and
defend the City from and against all claims arising from the City’s exceptions to disclosing certain
records which Contractor 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.
1.7 The Contractor 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. The
Contractor may, upon request of the City, submit to the City a draft sub-contractor agreement for
City review and approval prior to the execution of such an agreement. Any previously entered into
sub-contractor agreement(s) are attached as Exhibit C. If the Contractor sub-contracts any of the
services to be performed under this Agreement, the sub-contractor agreement shall provide that
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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 Contractor shall be responsible for the accuracy and q uality of any sub-contractor’s
work.
1.8 The Contractor shall cooperate fully with the City, other City contractors, other
municipalities and local government officials, public utility companies, and others, as may be
directed by the City. This shall include attendance at meetings, discussions a nd hearings as
requested by the City. This cooperation shall extend to any investigation, hearings or meetings
convened or instituted by OSHA relative to this Project, as necessary. Contractor 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.
1.9 The Contractor acknowledges that it shall enforce and comply with all applicable
Occupational Safety and Health Administration standards (OSHA) for this Project in effect as of
the date of the execution of this Agreement, or as otherwise promulgated by OSHA in the future
taking effect during the pendency of this Project. Contractor shall enforce all such standards and
ensure compliance thereto as to its own agents and employees, and as to the agents and employees
of any sub-contractor throughout the course of this Project. Contractor is solely responsible for
enforcing and complying with all applicable safety standards and requirements on this Project, and
is solely responsible for correcting any practices or procedures which do not comply with the
applicable safety standards and requirements for this Project. Any Project specific safety
requirements applicable to this Project must be followed by Contractor and any sub-contractor(s)
on the Project. Additionally, all such safety requirements shall be made a part of any sub-
contractor agreement.
1.10 The Contractor shall submit to the City a progress report each month this
Agreement is in effect. The report shall include the following items:
a) A summary of the Contractor’s project activities, and any sub-contractor project activities
that have taken place during the invoice period;
b) A summary of the Contractor’s project activities and any sub-contractor project activities,
that shall take place during the next invoice period;
c) A list of outstanding items due to or from the City; and
d) A status of the Project schedule.
1.11 The Contractor shall perform the work required under this Agreement pursuant to
high quality industry standards expected by the City. The Contractor shall apply for and receive
all appropriate permits before performing any work in the City. The Contractor shall also provide
the appropriate permit drawings for Building Permits to be issued for the Project, if said permits
are obligated by the Project. The City will assist the Contractor with obtaining the appropriate
building and right-of-way permits.
1.12 The Contractor shall provide drawings of record, in the following 3 electronic
formats for all locations where equipment has been installed and/or work has been performed. The
electronic formats required by this Section 1.12 are Auto Cad Version 2007, ArcView and PDF.
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1.13 Contractor recognizes that proper cleanup and removal of construction debris is an
important safety consideration. The Contractor shall be solely responsible for daily construction
site/area cleanup and removal of all construction debris in accordance with City-approved disposal
practices. Contractor shall be solely responsible for identifying and removing at its expense all
hazardous material and waste which it uses and generates.
1.14 To the extent that there is any conflict between a provision specified in this
Agreement, with a provision specified in any of the other Contract Documents, as defined in
Section 1.15, this Agreement shall control. The City and the Contractor may amend this Section
1.14 as provided by Section 15 herein.
The Contractor acknowledges and agrees that the City has no retained control over any of
the Work done pursuant to this Agreement, and that the City is expressly exempt from the retained
control exception as defined in the Restatement of Torts, Second, Section 414. This provision
shall survive completion, expiration, or termination of this Agreement.
1.15 The Contract Documents for this Project consist of:
a) This Agreement;
b) The City’s RFP/RFQ, and the plans, specifications, general conditions, drawings
addenda, and modifications thereto;
c) The Contractor’s response to the RFP/RFQ/Bid;
d) Other exhibits and schedules, if any, listed in this Agreement;
e) Amendments or Other Contract Documents, if any; and
f) Amendments/Modifications to this Agreement issued after execution thereof.
1.16 As a condition of receiving payment, Contractor must (i) be in compliance with the
Agreement, (ii) pay its employees prevailing wages when required by law (Examples of prevailing
wage categories include public works, printing, janitorial, window washing, building and grounds
services, site technician services, natural resource services, security guard and food services).
Contractor is responsible for contacting the Illinois Dept. of Labor 217-782-6206;
http://www.illinois.gov/idol/Laws-Rules/CONMED/Pages/Rates.aspx to ensure compliance with
prevailing wage requirements), (iii) pay its suppliers and sub-contractors according to the terms of
their respective contracts, and (iv) provide lien waivers to the City upon request.
2 Standard Certifications
Contractor acknowledges and agrees that compliance with this section and each subsection
for the term of the Agreement is a material requirement and condition of this Agreement. By
executing this Agreement, Contractor certifies compliance with this sectio n and each subsection
and is under a continuing obligation to remain in compliance and report any non-compliance.
This section, and each subsection, applies to sub-contractors used on this Agreement.
Contractor shall include these Standard Certifications in any sub-contract used in the performance
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of the Agreement.
If this Agreement extends over multiple fiscal years, Contractor and its sub-contractors
shall confirm compliance with this section in the manner and format determined by the City by the
date specified by the City and in no event later than January 1 of each year that this Agreement
remains in effect.
If the City determines that any certification in this section is not applicable to this
Agreement, it may be stricken, subject to sole approval by the City, without affecting the remaining
subsections.
2.1 As part of each certification, Contractor acknowledges and agrees that should
Contractor or its sub-contractors provide false information, or fail to be or remain in compliance
with the Standard Certification requirements, one or more of the following sanctions will apply:
• the Agreement may be void by operation of law,
• the City may void the Agreement, and
• Contractor and its sub-contractors may be subject to one or more of the following:
suspension, debarment, denial of payment, civil fine, or criminal penalty.
2.2 By signing this Agreement, the Contractor certifies that it has not been barred from
being awarded a contract with a unit of State or local Government as a result of bid rigging or bid
rotating or similar offense, nor has it made any admission of guilt of such conduct that is a matter
of public record. (720 ILCS 5/33 E-3, E-4).
2.3 In the event of the Contractor’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.
2.4 During the term of this Agreement, the Contractor agrees as follows:
a) That it will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, marital status, national
origin or ancestry, or age or physical or mental disabilities that do not impair ability
to work, and further that it will examine all job classifications to determine if
minority persons or women are underutilized and will take appropriate affirmative
action to rectify any 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.
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2.5 The Contractor 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 Contractor’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.
2.6 In accordance with the Steel Products Procurement Act (30 ILCS 565), Contractor
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.
2.7 Contractor 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.
2.8 If Contractor, or any officer, director, partner, or other managerial agent of
Contractor, 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, Contractor certifies at least five years
have passed since the date of the conviction.
2.9 Contractor certifies that if more favorable terms are granted by Contractor to any
similar governmental entity in any state in a contemporaneous agreement let under the same or
similar financial terms and circumstances for comparable supplies or services, the more favorable
terms will be applicable under this Agreement.
2.10 Contractor certifies that it is not delinquent in the payment of any fees, fines,
damages, or debts to the City of Evanston.
2.11 The Contractor certifies that all Design Professionals performing the Work under
this Agreement will ensure that the Project shall be designed in conformance with the Americans
with Disabilities Act of 1990, 42 U.S.C. Section 12101, et seq., and all regulations promulgated
thereunder. Design Professional means any individual, sole proprietorship, firm, partnership, joint
venture, corporation, professional corporation, or other entity that offers services under the Illinois
Architecture Practice Act of 1989 (225 ILCS 305/), the Professional Engineering Practice Act of
1989 (225 ILCS 325/), the Structural Engineering Licensing Act of 1989 (225 ILCS 340/), or the
Illinois Professional Land Surveyor Act of 1989 (225 ILCS 330/).
2.12 The Contractor shall comply with all federal, state and local laws, statutes,
ordinances, rules, regulations, orders or other legal requirements now in force or which may be in
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force during the term of this Agreement. The Contractor shall comply with the Illinois Human
Rights Act, 775 ILCS 5/1-101 et. seq, Title VII of the Civil Rights Act of 1964, and the Illinois
Prevailing Wage Act, 820 ILCS 130/0.01 et. seq.
3 Additional Services/Change Orders
3.1 If the representative of the City responsible for the Project verbally requests the
Contractor to perform additional services, the Contractor shall confirm in writing that the services
have been requested and that such services are additional services. Failure of the City to respond
to the Contractor’s confirmation of said services within thirty (30) calendar days of receipt of the
notice shall be deemed a rejection of, and refusal to pay for the additional services. Contractor
shall not perform any additional services until City has confirmed approval of said additional
services in writing. If authorized in writing by the City, the Contractor shall furnish, or obtain from
others, additional services of the following types, which shall be paid for by the City as set forth
in Section 9 of this Agreement:
a) Additional Services due to significant changes in scope of the Project or its design,
including, but not limited to, changes in size, complexity or character of
construction, or time delays for completion of work when such delays are beyond
the control of the Contractor;
b) Revisions of previously approved studies, reports, design documents, drawings or
specifications;
c) Preparation of detailed renderings, exhibits or scale models for the Project;
d) Investigations involving detailed consideration of operations, maintenance and
overhead expenses for the preparation of rate schedules, earnings and expense
statements, feasibility studies, appraisals and valuations, detailed quantity surveys
of material and labor, and material audits or inventories required for certification
of force account construction performed by the City;
e) Services not otherwise provided for in this Agreement.
3.2 The City may, upon written notice, and without invalidating this Agreement,
require changes resulting in the revision or abandonment of work already performed by the
Contractor, or require other elements of the work not originally contemplated and for which full
compensation is not provided in any portion of this Agreement. Any additional services,
abandonment of services which were authorized by the City, or changes in services directed by the
City which result in the revision of the scope of services provided for in Exhibits A, B, C, and D
that cause the total Compensation due Contractor under this Agreement to exceed $25,000 or more,
or increase or decrease the contract duration by more than 30 days are subject to approval by the
Evanston City Council. These actions must be addressed either in a written Change Order or in a
written amendment to this Agreement approved by both parties.
3.3 Contractor acknowledges and agrees that the Public Works Construction Change
Order Act, 50 ILCS 525/1 et seq. shall apply to all Change Orders for the Project. It is expressly
understood and agreed to by Contractor that it shall not be entitled to any dam ages or
Compensation from the City on account of delay or suspension of all or any part of the Work.
Contractor acknowledges that delays are inherent in construction projects and Contractor assessed
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that risk and fully included that risk assessment within its contract sum specified in its Response
to the City Bid 24-16 for this Project. The City shall not compensate Contractor for work that is
more difficult than the contract sum specified in its Response would reflect. Delays to minor
portions of the Work will not be eligible for extensions of time.
Delays to the Project caused by labor disputes or strikes involving trades not directly
related to the Project, or involving trades not affecting the Project as a whole will not be eligible
for an extension of time.
The City will not grant an extension of time for a delay by the Contractor’s inability to
obtain materials unless the Contractor first furnishes to the City documentary proof. The proof
must be provided in a timely manner in accordance with the sequence of the Contractor’s
operations and accepted construction schedule.
In addition to any other changes requested by City (as described in Sections 3.1 and 3.2),
the Company shall be entitled to request (and the City may grant) Change Orders with respect to:
(a) The City-caused delays;
(b) Change in Law;
(c) Force Majeure Events.
The foregoing events shall entitle the Contractor to a change in the Compensation for this
Project, if the Contractor demonstrates that it will unavoidably incur reasonable costs as a result
thereof and the Contractor provides reasonable and detailed documentary support with respect to
any such price impact.
The parties agree to reasonably confer regarding any such disputes with respect to the
issuance of a Change Order.
Any payment for compensable delay will only be based upon actual costs excluding,
without limitation, what damages, if any, the Contractor may have reasonably avoided. The
Contractor understands that this is the sole basis for recovering delay damages and explicitly
waives any right to calculate daily damages for office overhead, profit, or other purported loss.
All Contractor Change Orders authorized under this Section 3 shall be made in writing. In
remitting a Change Order, the Contractor must first show in writing that:
(a) The work was outside the scope of this Agreement,
(b) The extra work was not made necessary due to any fault of Contractor;
(c) The circumstances said to necessitate the change in performance were not
reasonably foreseeable at the time the Agreement was signed;
(d) The change is germane to the original Agreement; and
(e) The Change Order is in the best interest of the City and authorized by law.
Any person who fails to first obtain the City’s written authorization for a Change Order
commits a Class 4 felony. The written determination and the written Change Order resulting from
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and effect.
5 Liquidated Damages in the Event Contractor Fails to Complete the Work
5.1 The parties agree that failure of Contractor to timely complete the Work required
by this Agreement constitutes a default. The parties agree that this default will result in damage
and injury to City. The parties further agree, however, that actual damages incurred by City as
result of such default is difficult if not impossible to ascertain with any degree of certainty or
accuracy. Accordingly, the parties have negotiated and have agreed that for each calendar day
after written notice is delivered to Contractor and Contractor fails to cure such default, that
Contractor will pay City, as and for liquidated damages, and not as a penalty, the sum of Seven
Hundred and Fifty Dollars per day. Contractor shall reimburse the City for all costs, expenses
and fees (including, without limitation, attorneys’ fees), if any, paid by the City in connection with
such written demand by City. Contractor stipulates and agrees that the sums payable by Contractor
under this Section are reasonable under the circumstances existing as of the execution of this
Agreement. This Section 5.1 is not intended to limit any direct damages that may be recoverable
by City related to the Contractor's failure to complete the Work in accordance with this
Agreement. There shall be no early completion bonus if the Work is completed before the
substantial completion date. The City, at its option, may withhold liquidated damages from
progress payments payable to Contractor before the substantial completion date.
6 The City’s Responsibilities
6.1 The City may evaluate the Contractor’s and any sub-contractor’s performance
(interim and final). Timeliness in meeting the Project schedule and the overall relationship with
the Contractor are factors that will be considered in the Contractor’s performance rating. An
unfavorable performance rating may be a factor when future assignments are being considered.
6.2 The City makes no representation or warranty of any nature whatsoever as to the
accuracy of information or documentation provided by the City to the Contractor which were
generated or provided by third parties.
7 Period of Service
7.1 The Contractor shall commence work on the Project after supplying the City with
the Contractor’s performance and payment bonds and all required insurance documents before
starting its Work on this Project. The City shall determine when the Contractor has completed the
Work required pursuant to this Agreement, and shall determine the date of Final Acceptance.
Contractor recognizes time is of the essence regarding its performance on this Project. Contractor
shall continue to perform its obligations while any dispute concerning the Agreement is being
resolved, unless otherwise directed by the City.
7.2 Each phase of the project shall be completed in accordance with the activities
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outlined in the City’s Bid 24-16, Exhibit A
8 Payment for Services and Reimbursements
8.1 Within the first five (5) business days of each month, the Contractor shall invoice
the City for Work completed during the previous month. The Contractor shall provide a detailed
invoice that relates invoiced items to the Contractor’s response to Bid 24-16 in both quantity and
unit cost. Any discrepancies in the monthly invoice shall be promptly brought to the attention of
the Contractor by the City Project Manager and efforts shall be made to promptly resolve said
discrepancies between the City and Contractor. In the event the City and Contractor cannot resolve
invoice discrepancies, items in dispute will be removed from the invoice and the City shall approve
the remainder of the invoice. Payment will be made as soon as possible following the City Council
meeting in which the item appeared on the bills list, and in accordance with all applicable laws
and rules of the City of Evanston and the State of Illinois.
8.2 In the event of termination by the City of this Agreement pursuant to paragraph 9.1
after completion of any phase of the basic services, fees due the Contractor for services rendered
through such phase shall constitute final payment for such services, and no further fees shall be
due to the Contractor. In the event of such termination by the City during any phase of the basic
services, the Contractor shall be paid for services rendered on the basis of the proportion of work
completed on the phase to date of termination.
8.3 The City shall have the right to withhold payment to the Contractor due to the
quality of a portion or all of the work performed hereunder which is not in accordance with the
requirements of this Agreement, or which is unsatisfactory, or is due to the Contractor’s failure or
refusal to perform any of its obligations hereunder. Compensation in excess of the total contract
amount specified in this Agreement will not be allowed unless justified in the City’s sole judgment
and authorized in advance as provided for in Section 3 of this Agreement. Compensation for
improper performance by the Contractor is disallowed.
8.4 Upon completion of the Work performed by the Contractor, prior to the submission
of a request for final payment, the City and Contractor shall perform a final acceptance test and
review of the Work performed and/or equipment installed pursuant to the Agreement. A punch list
of items outstanding will be jointly developed by the City and Contractor. In addition, the
Contractor shall submit drawings of record for the Project for the City to approve. The Contractor
shall promptly resolve all punch list items to the satisfaction of the City, and shall transmit to the
City in writing confirmation that all punch list items have been resolved. The City will review, and
the Contractor shall modify, as necessary, any drawings of record to the satisfaction of the City.
Punch list items and drawings of record must be approved by the City prior to the Contractor
submitting its final invoice for payment.
8.5 The Contractor shall submit an Affidavit and a final waiver of its lien, and all final
waivers of liens of any sub-contractors, suppliers, and sub-sub-contractors, if applicable, with its
final invoice, stating that all obligations incurred in performance of the professional services have
been paid in full. The Affidavit will also include a statement stating that the professional services
were performed in compliance with the terms of the Agreement. The Affidavit and all final lien
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waivers shall be on a form acceptable to the City.
8.6 All Project invoices shall be sent to:
City of Evanston (Water Production Bureau)
555 Lincoln Street
Evanston, Illinois 60201
9 Notice and Cure/Termination
9.1 In furtherance of Contractor’s Work on this Project, the City and the Contractor
agree that the following Notice and Cure provision in this Section 9.1 shall apply during the
duration of Contractor’s work on this Project, in addition to the reserved rights of the City
enumerated in this Agreement as follows:
5.1 Liquidated Damages;
8.3 City’s right to withhold payment;
16.2 Contractor’s duty to revise and correct errors; and
16.3 Contractor’s duty to respond to City’s notice of errors and omissions.
The City may notify Contractor of its intent to terminate this Agreement within (7) seven calendar
days of issuance by the City of written notice to Contractor’s Project Manager regarding defects
in the Project or in Contractor’s Work. The City shall specify any such nonconforming Work or
defects in the Project in its notice to Contractor under this Section 9.1. Contractor will have the
opportunity to cure the non-conforming Work within (7) seven calendar days after receipt of the
written notice issued by the City. All such curative work done shall be performed and completed
to the City’s satisfaction. Nothing in this Section 9.1 shall otherwise affect the City’s right to
exercise its rights in Section 9.2.
9.2 The City shall have the right to terminate this Agreement upon fifteen (15) days
written notice for any reason. Mailing of such notice shall be equivalent to personal notice and
shall be deemed to have been given at the time of receipt.
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.
9.3 Within thirty (30) days of termination of this Agreement, the Contractor 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, ArcView,
PDF, Word, Excel spreadsheets, technical specifications and calculations, and any other such items
specifically identified by the City related to the Work herein. Upon receipt of said items, the
Contractor shall be paid for labor and expenses incurred to the date of termination as provided in
Section 8.2. This Agreement is subject to termination by either party if either party is restrained
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by a state or federal court of competent jurisdiction from performing the provisions of this
Agreement. Upon such termination, the liabilities of the parties to this Agreement shall cease, but
they shall not be relieved of the duty to perform their obligations through the date of termination.
No lien shall be filed by the Contractor in the event of a termination of this Agreement by the City.
9.4 If, because of death or any other occurrence, including, but not limited to,
Contractor becoming insolvent, it becomes impossible for any principal or principals of the
Contractor to render the services set forth in this Agreement, neither the Contracto r, nor its
surviving principals shall be relieved of their obligations to complete the professional services.
However, in the event of such an occurrence, the City at its own option may terminate this
Agreement if it is not furnished evidence that competent professional services can still be furnished
as scheduled.
9.5 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 to terminate this Agreement without prior written notice.
10 Insurance
10.1 The Contractor shall, at its own expense, secure and maintain in effect throughout
the duration of this contract, insurance against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the W ork hereunder by the
Contractor, its agents, representatives, employees or sub-contractors. Contractor acknowledges
and agrees that if it fails to comply with all requirements of this Section 10, the City may void the
Agreement.
The Contractor must give to the City Certificates of Insurance identifying the City to be an
Additional Insured for all Work done pursuant to this Agreement before City staff recommends
award of the contract to City Council. Any limitations or modifications on the Certificate(s) of
Insurance issued to the City in compliance with this Section that conflict with the provisions of
this Section 10 shall have no force and effect.
After award of the Contract to Contractor (contracts over $500,000 in value or if the project
is deemed high risk) the Contractor shall give the City a certified copy (ies) of the insurance policy
(ies) evidencing the amounts set forth in Section 10.2, and copies of the Additional Insured
endorsement to such policy (ies) which name the City as an Additional Insured for all Work done
pursuant to this Agreement before Contractor does any Work pursuant to this Agreement.
Contractor’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 the City. Contractor shall promptly forward new certificate(s) of
insurance evidencing the coverage(s) required herein upon annual renewal of the subject policies.
The policies and the Additional Insured endorsement must be delivered to the City within
two (2) weeks of the request. All insurance policies shall be written with insurance companies
licensed or authorized to do business in the State of Illinois and having a rating of not less than A-
VII according to the A.M. Best Company. Should any of the insurance policies be canceled before
the expiration date, the issuing company will mail thirty (30) days written notice to the City. The
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Contractor shall require and verify that all sub-contractors maintain insurance meeting all of the
requirements stated herein.
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either the insurer shall reduce or eliminate such deductibles or self -
insured retentions as respects the City, its officers, officials, employees and volunteers; or the
Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of
losses and related investigations, claim administration and defense expenses.
10.2 Contractor 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 Contractor, and insuring Contractor against claims which may arise out of or
result from Contractor’s performance or failure to perform the Services hereunder:
a) Worker’s compensation in statutory limits and employer’s liability insurance in the
amount of at least five hundred thousand dollars ($500,000);
b) Comprehensive general liability coverage which designates the City as an
additional insured for not less than three million dollars ($3,000,000) combined
single limit for bodily injury, death and property damage, per occurrence;
c) Comprehensive automobile liability insurance covering owned, non-owned, and
leased vehicles for not less than one million dollars ($1,000,000) combined single
limit for bodily injury, death, or property damage, per occurrence; and
Contractor understands that the acceptance of Certificates of Insurance, policies, and any
other documents by the City in no way releases the Contractor and its sub -contractors from the
requirements set forth herein.
Contractor expressly agrees to waive its rights, benefits and entitlements under the “Other
Insurance” clause of its commercial general liability insurance policy as respects the
City. Contractor expressly agrees that its insurance coverage is required to be primary by this
Agreement, that its insurance coverage shall be on a primary and non-contributory basis, and that
it and its insurance carrier are estopped from denying such coverage is primary. In the event
Contractor fails to purchase or procure insurance as required above, the parties expressly agree
that Contractor 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 Contractor.
11 Indemnification
11.1 The Contractor 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 Contractor
or Contractor’s sub-contractors, employees, agents or sub-contractors during the performance of
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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.
11.2 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 Contractor 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, Contractor 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 Contractor
of any of its obligations under this Agreement. Any settlement of any claim or suit related to this
Project by Contractor 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, Contractor 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 Contractor 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.
11.3 The Contractor 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-contractors’ work. Acceptance of the work
by the City will not relieve the Contractor 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.
11.4 All provisions of this Section 11 shall survive completion, expiration, or
termination of this Agreement.
12 Drawings and Documents
12.1 Any drawings, survey data, reports, studies, specifications, estimates, maps, plans,
computations, and other documents required to be prepared by the Contractor for the Project shall
be considered Works for Hire and the sole property of the City.
12.2 The Contractor and its sub-contractor shall maintain for a minimum of three (3)
years after the completion of this Agreement, or for three (3) years after the termination of this
Agreement, whichever comes later, adequate books, records and supporting documents to verify
the amounts, recipients and uses of all disbursements of funds passing in conjunction with the
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Agreement. The Agreement and all books, records and supporting documents related to the
Agreement shall be available for review and audit by the City and the federal funding entity, if
applicable, and the Contractor agrees to cooperate fully with any audit conducted by the City and
to provide full access to all materials. Failure to maintain the books, records and supporting
documents required by this Subsection shall establish a presumption in favor of the City for
recovery of any funds paid by the City under the Agreement for which adequate books, records,
and supporting documentation are not available to support their purported disbursement.
13 Successors and Assigns
13.1 The City and the Contractor each bind themselves and their partners, successors,
executors, administrators, and assigns to the other party of the Agreement and to the partners,
successors, executors, administrators, and assigns of such other party in respect to all covenants of
this Agreement. Neither the City nor the Contractor shall assign, sublet, or transfer its interest in
this Agreement without the written consent of the other. Nothing herein shall be construed as
creating any personal liability on the part of any officer or agent of any public body, which may
be a party hereto, nor shall it be construed as giving any right or benefits hereunder to anyone other
than the City and the Contractor.
14 Force Majeure
14.1 Whenever a period of time is provided for in this Agreement for the Contractor or
the City to do or perform any act or obligation, neither party shall be liable for any delays or
inability to perform if such delay is due to a cause beyond its control an d without its fault or
negligence including, without limitation:
a) Acts of nature;
b) Acts or failure to act on the part of any governmental authority other than the City
or Contractor, including, but not limited to, enactment of laws, rules, regulations,
codes or ordinances subsequent to the date of this Agreement;
c) Acts or war;
d) Acts of civil or military authority;
e) Embargoes;
f) Work stoppages, strikes, lockouts, or labor disputes;
g) Public disorders, civil violence, or disobedience;
h) Riots, blockades, sabotage, insurrection, or rebellion;
i) Epidemics or pandemics;
j) Terrorist acts;
k) Fires or explosions;
l) Nuclear accidents;
m) Earthquakes, floods, hurricanes, tornadoes, or other similar calamities;
n) Major environmental disturbances; or
o) Vandalism.
If a delay is caused by any of the force majeure circumstances set forth above, the time
period shall be extended for only the actual amount of time said party is so delayed. Further, either
party claiming a delay due to an event of force majeure shall give the other party written notice of
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such event within three (3) business days of its occurrence or it shall be deemed to be waived.
15 Amendments and Modifications
15.1 Except as otherwise provided herein, the nature and scope of Work specified in this
Agreement may only be modified by a written Change Order, or a written amendment to this
Agreement, approved by both parties. This Agreement may be modified or amended from time to
time provided, however, that no such amendment or modifications shall be effective unless
reduced to writing and duly authorized and signed by the authorized representatives of the parties.
16 Standard of Care & Warranty
16.1 The Contractor shall perform all of the provisions of this Agreement to the
satisfaction of the City. The City shall base its determination of the Contractor’s fulfillment of the
scope of the work in accordance with generally accepted professional standards applicable to the
Work for this Project. The Contractor shall perform all of the provisions of this Agreement with
that degree of care and skill ordinarily exercised by members of the same profession currently
practicing under similar conditions.
16.2 The Contractor shall be responsible for the accuracy of its professional services
under this Agreement and shall promptly make revisions or corrections resulting from its errors,
omissions, or negligent acts without additional compensation. The City’s acceptance of any of the
Contractor’s professional services shall not relieve the Contractor of its responsibility to
subsequently correct any such errors or omissions. If a Contractor has provided the City with
specifications for this Project which are determined to be incorrect or which require revision during
the solicitation process (including but not limited to Requests for Proposals, Requests for
Qualifications, or bids), the Contractor shall make such corrections or revisions to the
specifications at no cost to the City. Further, upon receipt of an invoice from the City, the
Contractor shall promptly reimburse the City for the reasonable costs associated with the
preparation and dissemination of said corrections or revisions to appropriate parties, including but
not limited to preparation of the corrected or revised documents, and printing and distribution
costs.
16.3 During the pendency of its Work on this Project, the Contractor shall respond to
the City’s notice of any errors or omissions within twenty-four (24) hours. The Contractor shall be
required to promptly visit the Project site(s) if directed to by the City.
16.4 The Contractor shall comply with all federal, state, and local statutes, regulations,
rules, ordinances, judicial decisions, and administrative rulings applicable to its performance under
this Agreement.
16.5 Contractor guarantees and warrants to the City that:
a) All materials and equipment furnished under this Agreement shall be of good
quality and new, unless otherwise required or permitted by the Contract
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Documents;
b) The Work of this Agreement shall be free from defects which are not inherent in
the quality required; and
c) The Work shall comply with the requirements set forth in the Contract Documents.
This warranty and guarantee shall be for a period of one (1) year from the date of
completion and Final Acceptance of the Work by the City, or as otherwise provided in the Contract
Documents.
If, within the one year warranty period, after the Contractor has received a final payment
under this Agreement, any of the Work is found to be not be in accordance with the requirements
of this Agreement, or where defects in materials or workmanship may appear, or be in need of
repair, the Contractor shall correct non-conforming and/or defective work or materials promptly
after receipt of written notice from the City. Contractor shall immediately at its own expense repair,
replace, restore, or rebuild any such Work. This remedy is in addition to any other legal or equitable
remedies the City may have under this Agreement or the law.
This guarantee and warranty shall not relieve Contractor of liability for latent defects, and
shall be in addition to the City’s rights under the law or other guarantees or warranties, express or
implied.
16.6 The provisions of this Section 16 shall survive the completion, expiration or
termination of this Agreement.
17 Savings Clause
17.1 If any provision of this Agreement, or the application of such provision, shall be
rendered or declared invalid by a court of competent jurisdiction, or by reason of its requiring any
steps, actions, or results, the remaining parts or portions of this Agreement shall remain in full
force and effect.
18 Non-Waiver of Rights
18.1 No failure or delay by the City to exercise any power given to it hereunder or to
insist upon strict compliance by Contractor with its obligations hereunder, nor any payment made
by the City under this Agreement, shall constitute a waiver of the City’s right to demand strict
compliance with the terms hereof, unless such waiver is in writing and signed by the City.
19 Entire Agreement
19.1 This Agreement 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 writ ten, 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
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particular portion as the rule of contra proferentem shall not apply.
20 Governing Law
20.1 This Agreement shall be construed in accordance with and subject to the laws and
rules of the City of Evanston and the State of Illinois both as to interpretation and performance.
Venue for any action arising out of or due to this Agreement shall be in Cook County, Illinois.
The City shall not enter into binding arbitration to resolve any dispute related to this Agreement.
The City does not waive tort immunity by entering into this Agreement.
21 Ownership of Contract Documents
21.1 Contractor is specifically prohibited from using in any form or medium, the name
or logo of the City for public advertisement, unless expressly granted written permission by the
City. Submission or distribution of documents to meet official regulatory requirements or for
similar purposes in connection with this Project is not to be construed as publication in derogation
of the City’s reserved rights.
22 Notice
22.1 Any notice required to be given by this Agreement shall be deemed sufficient if
made in writing and sent by certified mail, return receipt requested, or by personal service, to the
persons and addresses indicated below or to such other addresses as either party hereto shall notify
the other party of in writing pursuant to the provisions of this Subsection:
Darrell A. King, Water Production Bureau Chief Bid 24-16
555 Lincoln Street
Evanston, Illinois 60201
if to the Contractor:
David W. Reynolds, President
Independent Mechanical Industries, Inc.
2671 United Lane, Elk Grove Village, IL 60007
22.2 Mailing of such notice as and when provided above shall be equivalent to personal
notice and shall be deemed to have been given at the time of mailing.
23 Severability
23.1 Except as otherwise provided herein, the invalidity or unenforceability of any
particular provision, or part thereof, of this Agreement shall not affect the other provisions, and
this Agreement shall continue in all respects as if such invalid or unenforceable provision had not
been contained herein.
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24 Execution of Agreement
24.1 This Agreement shall be signed last by the City Manager.
25 Counterparts
25.1 For convenience, this Agreement may be executed in any number of counterparts,
each of which shall be deemed to be an original.
26 Authorizations
26.1 The Contractor’s authorized representatives who have executed this Agreement
warrant that they have been lawfully authorized by the Contractor’s board of directors or its bylaws
to execute this Agreement on its behalf. The City Manager affirms that he/she has been lawfully
authorized to execute this Agreement. The Contractor and the City shall deliver upon request to
each other copies of all articles of incorporation, bylaws, resolutions, ordinances, or other
documents which evidence their legal authority to execute this Agreement on behalf of their
respective parties.
27 Time of Essence
27.1 Time is of the essence with respect to each provision hereof in which time is a
factor.
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Revised 10-20 (07-20)
CITY OF EVANSTON
SPECIFICATIONS AND BID DOCUMENTS
Construction Bid with Sub-contractors
BID NUMBER: 24-16
For
30 INCH BACKWASH VALVE REPLACEMENT
Month 07, 2024
BID DUE DATE: 2:00 P.M., Tuesday, April 09, 2024
VIRTUAL BID OPENING: 2:15 P.M., Tuesday, April 09, 2024
Google Meet ID:
meet.google.com/erk-vjyw-pza
Phone Numbers: (US)+1 617-675-4444
PIN: 491 020 418 0044#
MANDATORY 1:00 P.M., Monday, March, 18, 2024,
PRE-BID MEETING Evanston Water Treatment Plant
Location 555 Lincoln Street, Evanston, IL 60201
For security reasons, all parties interested in attending the mandatory pre-bid meeting must submit the
NonDisclosure Agreement (see Attachments) and a list of employee names that will be attending the meeting
to Stephen Quinn at squinn@cityofevanston.org by close of business Thursday March 14 , 2024 in order to
attend.
BID BOND: 5% of Contract Amount
PERFORMANCE/MATERIAL
& LABOR PAYMENT BOND: 100% of Contract Amount
CONTRACT PERIOD: Contract award through December 31, 2024
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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TABLE OF CONTENTS
TABLE OF CONTENTS
SPECIFICATION SECTION PAGES
NUMBERS
Notice to Bidders ................................................................................ 2
Instructions to Bidders/Requirements for Bidding ...................................... 12
M/W/D/EBE Specifications .................................................................... Pg10
Questions ........................................................................................... Pg10
General Conditions .............................................................................. 11
Insurance Requirements ............................................................................ 1
RETURN ALL EXHIBITS WITH THE BID
Exhibit A Bid Form.................................................................................... 8
Exhibit B City of Evanston M/W/D/EBE Policy ..................................... 1
Exhibit C M/W/D/EBE Participation Compliance Form ........................ 2
Exhibit D M/W/D/EBE Participation Waiver Request ........................... 1
Exhibit E Construction Contractors’ Assistance Organizations ........ 1
*Exhibit F Local Employment Program Compliance ............................. 3
Exhibit G Certification of Bidder Regarding Equal
Employment Opportunity ......................................................... 1
Exhibit H Disclosure of Ownership Interests ............................................ 4
Exhibit I Additional Information Sheet ..................................................... 1
Exhibit J Certification of Compliance with Prevailing Wage
Rate Act.................................................................................... 1
Exhibit K Major Sub-contractors Listing ................................................... 1
Exhibit L Conflict of Interest ..................................................................... 1
Exhibit M Signature Form ......................................................................... 1
Exhibit N Contractor Services Agreement Acknowledgement .................... 1
Exhibit N Contractor Services Agreement .................................................. 23
Exhibit 0 BID Bond Submittal Label ............................................................. 1
ATTACHMENTS
Contract Specifications ............................................................................... 7
Prevailing Wages ....................................................................................... 9
Non-Disclosure Agreement ........................................................................ 1
DemandStar E-bidding Information ............................................................ 14
*NOTE: THE SELECTED BIDDER WILL BE SUBJECT TO THE REGULATIONS
CONTAINED IN CITY OF EVANSTON ORDINANCE 60-O-14 AMENDMENTS TO THE
LOCAL EMPLOYMENT PROGRAM (LEP)
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NOTICE TO BIDDERS
CITY OF EVANSTON
NOTICE TO BIDDERS
Bids will be received by the City’s Purchasing Office until 2:00 P.M. local time , April 09,
2024 and will be publically read virtually via Google Meets at 2:15 P.M. Interested
parties can use the following link: meet.google.com/erk-vjyw-pza or join by phone 617-
675-4444 PIN: 491 020 418 0044# to access the virtual bid opening . 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. Bids shall cover the following:
30 INCH BACKWASH VALVE REPLACEMENT
Bid Number: 24-16
Work on this project includes supplying all labor, machinery, tools, materials, and
equipment necessary to remove and replace three (3) existing 30 inch backwash
valves with new valves supplied by the City of Evanston. The City will supply the three
(3) 30 inch actuating valves only. All other materials required for the installation
including nuts, bolts, gaskets, and spool pipe etc. shall be supplied by the contractor.
Connections to hydraulic lines and PLC’s for the actuators shall be completed by the
City. Valves will be installed on Filters 13, 14, and 18.
A mandatory pre-bid meeting will be held at the Evanston Water Treatment Plant, 555
Lincoln Street, Evanston, IL 60201 at 1:00 P.M. on Monday, March 18, 2024. For
security reasons, all parties interested in attending the mandatory pre -bid meeting must
submit the Non-Disclosure Agreement (see Attachments) and a list of employee names
that will be attending the meeting to Stephen Quinn at squinn@cityofevanston.org by
close of business Thursday, March 14, 2024, in order to attend.
The above item shall conform to the Invitation for Bids on file in the Purchasing Office.
Parties interested in submitting a bid should contact the Purchasing Office to receive a
copy of the bid or see the City’s website at: www.cityofevanston.org/business/bids-
proposals/ or DemandStar at: www.demandstar.com.
The City of Evanston (the City) in accordance with the laws of the State of Illinois,
hereby notifies all Bidders that it will affirmatively ensure that the contract(s) entered into
pursuant to this Notice will be awarded to the successful Bidders without discrimination
on the ground of race, color, religion, sex, age, sexual orientation, marital status,
disability, familial status or national origin. The State of Illinois requires under Public
Works contracts that the general prevailing rate of wages in this locality be paid for each
craft or type of worker hereunder. This requirement is in accordance with The Prevailing
Wage Act (820 ILCS 130) as amended. 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.
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NOTICE TO BIDDERS
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 Bidder shall be required to submit with their bid a disclosure of owne rship interest
statement form in accordance with the provisions of City Code Section 1 -18-1 et seq.
Failure to submit such information will result in the disqualification of such bid.
John Gonzalez
Purchasing Specialist
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INSTRUCTIONS TO BIDDERS
INSTRUCTIONS TO BIDDERS/REQUIREMENTS FOR BIDDING
(CONTRACTS OVER $25,000)
1. ON-LINE NOTIFICATION OF SOLICITATIONS
The City is utilizing Demandstar.com (www.demandstar.com) for on-line notification
purposes only for sealed bids when it is anticipated that the amount of the resulting
contract will be in excess of its formal bid limit of $25,000, such as this requirement.
Interested Bidders are required to submit a sealed bid to the City by the date/time
indicated for this requirement on the forms provided by the City.
2. SUBMISSION OF BIDS
A. 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 bid responses for free. Please refer
to attached DemandStar E-bidding documents.
B. ANY BIDS RECEIVED AFTER THE TIME AND DATE SPECIFIED FOR THE
RECEIPT OF BIDS WILL NOT BE ACCEPTED. It is the sole responsibility of the
Bidder to insure that his or her bid is delivered by the stated bid opening time. THE
CITY IS NOT RESPONSIBLE FOR INCOMPLETE UPLOADED SUBMITTALS.
C. Bids will be opened on the date and time stated.
D. Any Bidder may withdraw his or her bid by letter or with proper identification by
personally securing his or her bid at any time prior to the stated bid opening time.
No telephone request for withdrawal of bids will be honored.
3. PREPARATION OF BIDS
The Bidder must prepare the bid on the attached bid forms. Unless otherwise
stated, all blank spaces on the bid form or pages must be filled in. Either a unit
price, lump sum price, or a "nobid", as the case may be, must be stated for each and
every item and must be either typed in or written in ink.
4. SIGNING OF BIDS
A. Bids which are signed for a partnership should be signed in the firm’s name by all
partners or in the firm’s name by AttorneyinFact. If signed by AttorneyinFact, there
should be attached to the bid a Power of Attorney evidencing authority to sign the
bid, dated the same date as the bid and executed by all partners of the firm.
B. Bids which are signed for a corporation should have the correct corporate name
thereon and signature of an authorized officer of the corporation manually written
below the corporate name following words "By: “_____" title of office held by the
person signing for corporation, which shall appear below signature of an officer.
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C. Bids which are signed by an individual doing business under a fictitious name should
be signed in the name of the individual "doing business as. ______.”
D. The name of each person signing the bid shall be typed or printed below his or her
signature.
5. CONSIDERATION OF BIDS
The Purchasing Specialist shall represent and act for the City in all matters
pertaining to this bid and the contract in conjunction therewith.
6. WITHDRAWAL OF BIDS
Bidders may withdraw or cancel their bids at any time prior to the advertised bid
opening time. After the bid opening time, no bid shall be withdrawn or canceled for a
period of sixty (60) calendar days. When contract approval is required by another
agency, such as the Federal Government or the State of Illinois, no bid shall be
withdrawn or canceled for a period of ninety (90) calendar days.
7. ERRORS IN BIDS
Bidders are cautioned to verify their bids before submission. Negligence on the part
of the respondent in preparing the bid confers no right for withdrawal or modification
of the bid after it has been opened. In case of error in the extension of prices in the
bid, unit prices will govern.
8. ADDENDA
A. Any and all changes to the specifications/plans are valid only if they are included by
written addendum to all Bidders. Each Bidder must acknowledge receipt of any
addenda by indicating on the Bid form. Each Bidder, by acknowledging receipt of
any addenda, is responsible for the contents of the addend a and any changes to the
bid therein. Failure to acknowledge any addenda may cause the bid to be rejected.
B. Addenda information is available over the internet at: City of Evanston Notices to
Bidders or www.demandstar.com, or by contacting the Purchasing Office.
9. RESERVED RIGHTS
The City of Evanston reserves the right a t any time and for any reason to cancel his
or her solicitation, to accept or reject any or all bids or any portion thereof, or to
accept an alternate response. The City reserves the right to waive any immaterial
defect in any response. The City may seek clarification from any respondent at any
time, and failure to respond within a reasonable time period, or as otherwise
directed, will be cause for rejection.
10. AWARD
It is the intent of the City to award a contract to the lowest responsible Bidder
meeting specifications. The City reserves the right to determine the lowest
responsible Bidder on the basis of an individual item, groups of items, or in any way
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determined to be in the best interest of the City. Award will be based on the
following factors (where applicable): (a) adherence to all conditions and
requirements of the bid specifications; (b) price; (c) qualifications of the Bidder,
including past performance, financial responsibility, general reputation, experience,
service capabilities, and facilities; (d) delivery or completion date; (e) product
appearance, workmanship, finish, taste, feel, overall quality, and results of product
testing; (f) maintenance costs and warranty provisions; and (g) repurchase or
residual value.
11. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS
Bidder’s shall promptly notify the City of any ambiguity, inconsistency, or error that
they discover upon examination of the bidding docume nts. Interpretations,
corrections, and changes will be made by addendum. Each Bidder shall ascertain
prior to submitting a bid that all addenda have been received and are acknowledged
in the bid.
12. INCONSISTENCIES AND OMISSIONS
These specifications and the accompanying plans, if any, are intended to include all
information necessary for the work contemplated. If, by inadvertence or otherwise,
the plans or specifications omit some information necessary for that purpose, the
contractor shall, nevertheless, be required to perform such work at no additional cost
to the City so that the project may be completed according to the true intent and
purpose of the plans and specifications.
13. CONDITIONS
Bidders are advised to become familiar with all conditions, instru ctions, and
specifications governing his or her bid. Once the award has been made, failure to
have read all the conditions, instructions and specifications of this contract shall not
permit the Bidder to amend contract or to request additional compensation.
14. VERIFICATIONS OF DATA
A. It is understood and agreed that the unit quantities given in these specifications are
approximate only, and the contractor shall verify these quantities before bidding as
no claim shall be made against the City on, or account of, any excess or deficiency
in the same.
B. The contractor shall have visited the premises and determined for itself, by actual
observation, boring, test holes, or other means, the nature of all soil and water
conditions (both above and below ground in the line of work) that may be
encountered in all construction work under this contract. The cost of all such
inspection, borings, etc. shall be borne by the contractor, and no allowance will be
made for the failure of the contractor to estimate correctly the dif ficulties attending
the execution of the work.
15. SPECIFICATIONS
Reference to brand names and numbers is meant to be descriptive, not restrictive,
unless otherwise specified. Bids on equivalent items will be considered, provided
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the Bidder clearly states exactly what is proposed to be furnished, including
complete specifications. Unless the Bidder specifies otherwise, it is understood the
Bidder is offering a referenced brand item as specified or is bidding as specified
when no brand is referenced, and does not propose to furnish an “equal.” The City
reserves the right to determine whether a substitute offer is equivalent to, and meets
the standard of quality indicated by the brand name and number.
16. SAMPLES
When samples of items are called for by the specifications, samples must be
furnished free of expense, and if not destroyed in the evaluation process will be
returned at the Bidder’s expense upon request. Request for the return of samples
must accompany the sample and must include a UPS/Fed-Ex Pickup Slip, postage,
or other acceptable mode of return. Individual samples must be labeled with
Bidder’s name, invitation number, item reference, manufacturer’s brand name and
number.
17. REGULATORY COMPLIANCE
Each Bidder represents and warrants that the goods or services furnished hereunder
(including all labels, packages and containers for said goods) comply with all
applicable standards, rules and regulations in effect under the requirements of all
Federal, State, and local laws, rules and regulations as applicable, including the
Occupational Safety and Health Act as amend ed, with respect to design,
construction, manufacture, or use for their intended purpose of said goods or
services. Each Bidder must furnish a “Material Safety Data Sheet” in compliance
with the Illinois Toxic Substances Disclosure to Employees Act when required.
18. PRICING
The price quoted for each item is the full purchase price, including delivery to
destination, and includes all transportation and handling charges, materials or
service costs, patent royalties, and all other overhead charges of every kind and
nature. Unless otherwise specified, prices shall remain firm for the contract period.
19. DISCOUNTS
Prices quoted must be net after deducting all trade and quantity discounts. Where
cash discounts for prompt payment are offered, the discount period sha ll begin with
the date of receipt of a correct invoice or receipt or final acceptance of goods,
whichever is later.
20. INSPECTION
Materials or equipment purchased are subject to inspection and approval at the
City’s destination. The City reserves the right to reject and refuse acceptance of
items which are not in accordance with the instructions, specifications, drawings or
data of Seller’s warranty (express or implied). Rejected materials or equipment shall
be removed by, or at the expense of, the Seller p romptly after rejection.
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21. BIDS AND PLAN DEPOSITS
A. When required on the cover sheet, all bids shall be accompanied by a bid deposit in
the amount specified. Bid deposits shall be in the form of cash, a certified check, or
cashier's check drawn on a responsible bank doing business in the United States
and shall be made payable to the City of Evanston. Bid Bonds are also acceptable.
All bids not accompanied by a bid deposit, when required, will be rejected.
B. The City will return the bid deposits of all but the 3 lowest qualified Bidders, whose
deposit will be held until contract award or at the expiration of the sixty -day or ninety-
day period for bid award.
C. The bid deposit of the successful Bidder will be retained until contract documents
have been executed and the Contractor has submitted all the required information.
Failure to comply with the terms of this specification may be cause for forfeiture of
said deposit.
D. When required, plan deposits will be refunded should the plans be returned in good
condition within 10 days of the bid opening.
22. DISPUTES
Any dispute concerning a question of fact arising under this bid shall be decided by
the Purchasing Specialist, who shall issue a written decision to the Bidder. The
decision of the Purchasing Specialist shall be final and binding.
23. CATALOGS
Each Bidder shall submit, when requested by the Purchasing Specialist, catalogs,
descriptive literature, and detailed drawings, fully detailing features, designs,
construction, appointments, finishes and the like not covered in the specifications,
necessary to fully describe the material or work proposed to be furnished.
24. TAXES
A. Federal Excise Tax does not apply to materials purchased by the City of Evanston
by virtue of Exemption Certificate No. A208762, Illinois Retailers' Occupation Tax,
Use Tax, and Municipal Retailers' Occupation Tax do not apply to materials or
services purchased by the City of Evanston by virtue of Statute.
B. The City of Evanston is exempt from Illinois Sales Tax by virtue of Exemption
Identification number E99981750.
C. The City’s federal tax ID number is 36-6005870.
25. PERMITS & FEES
All Bidders awarded a contract must secure and pay for any licenses required by the
City of Evanston. Necessary building permits will be required, but all permit fees will
be waived and moneys for same must not be included in any bid.
26. ROYALTIES & PATENTS
Seller must pay all royalties and license fees. Seller must defend all suits or claims
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for infringement of any patent, copyright or trademark rights, and must hold the City
harmless from loss on account thereof.
27. LOCAL PREFERENCE POLICY
The Evanston City Council reserves the right to award the contract to an Evanston
firm if the firm’s bid is within five (5%) percent of the low bid of a non-Evanston firm.
28. POWER OF ATTORNEY
An Attorney-In-Fact, who signs any and all of the bond or contract bonds submitted
with this bid, must file with each bond a certified and effectively dated copy of their
Power of Attorney. These dates should be the same or after the date of the
contract.
29. WARRANTY
A. The contractor warrants that all goods and services furnished to the City shall be in
accordance with specifications and free from any defects of workmanship and
materials: that goods furnished to the City shall be merchantable and fit for the City's
described purposes, and that no governmental law, regulation, order, or rule has
been violated in the manufacture or sale of such goods.
B. The contractor warrants all equipment furnished to be in acceptable condition, and to
operate satisfactorily for a period of one (1) year from delivery of, or the completion
of installation, whichever is latest, unless stated otherwise in the specifications, and
that if a defect in workmanship and/or quality of materials are evidenced in this
period, the Seller shall remit full credit, replace, or repair at City's discretion
immediately, such equipment and/or parts that are defective at no additional cost to
the City.
C. The contractor warrants to the City that each item furnished hereunder, and any
component part thereof, will be new and in conformity with the specifications in all
respects, unless otherwise specified, and is of the best quality of its respective kind,
free from faulty workmanship, materials, or design, and installed sufficiently to fulfill
any operating conditions specified by the City.
D. The contractor shall repair or replace any item or component part thereof found not
to be in conformity with this paragraph provided the City notified the Seller of such
nonconformity within one (1) year after initial use or w ithin eighteen (18) months
after delivery, whichever occurs first. In the event Seller fails to proceed diligently to
so replace or repair within a reasonable time after receipt of such notice, the City
may undertake or complete such replacement or repair for Seller's account, and the
seller will be responsible for any additional costs. Acceptance shall not relieve the
seller of its responsibility.
30. INCURRED COSTS
The City will not be liable for any costs incurred by Bidders in replying to this
invitation for bids.
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31. VARIANCES
Each Bidder must state or list by reference any variations to specifications, terms
and/or conditions set forth herein with its bid.
32. INDEMNIFICATION
A. The awarded Bidder/Contractor 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 Contractor or Contractor’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.
B. 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 Contractor shall be liable for the reasonable 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.
C. At the City Corporation Counsel’s option, Contractor must defend all suits bro ught
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 Contractor of any of its obligations under this Agre ement.
Any settlement of any claim or suit related to this Project by Contractor 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.
D. To the extent permissible by law, Contractor 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 Contractor that may be subject to the Illino is
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.
E. The Contractor 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 -
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contractors’ work. Acceptance of the work by the City will not relieve the Contractor
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.
F. All provisions of this Section 32 shall survive completion, expiration, or termination
of this Agreement.
33. DEFAULT
Time is of the essence as to the awarded contract and, of delivery or acceptable
items or rending of services is not completed by the time promised, the City reserves
the right, without liability, in addition to its other rights and remedies, to terminate the
contract by notice effective when received by Seller, as to stated items not yet
shipped or services not yet rendered and to purchase substitute items or services
elsewhere and charge the Seller with all losses incurred. The City shall be entitled
to recover its attorney’s fees and expenses in any successful action by the City to
enforce this contract.
34. GOVERNING LAW
This contract shall be governed by and construed according to the laws of the State
of Illinois. In the event of litigation, the venue will be Cook County, Illinois.
35. EQUAL EMPLOYMENT OPPORTUNITY
A. In the event of the contractor's noncompliance with any provision of the Illinois
Human Rights Act or Section 1-12-5 of the Evanston City Code, the contractor may
be declared non-responsible and therefore ineligible for future contracts or sub-
contracts with the City of Evanston, and the contract may be canceled 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.
B. During the performance of this contract, the contractor agrees as follows:
1. That it will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin or ancestry, or age or
physical or mental handicap that does 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. Contractor shall comply with all requirements of City of
Evanston Code Section 1-12-5.
2. That, in all solicitations or advertisements for employees placed by it or on its
behalf, it will state that all applicants will be afforded equal opportunity without
discrimination because of race, color, religion, sex, national origin or ancestry.
3. That, if it hires additional employees in order to perform this contract, or any
portion hereof, it will determine that availability (in accordance with the Fair
Employment Commission's Rules and Regulations for Public Contracts) of
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minorities and women in the area(s) from which it may reasonably recruit and it
will hire for each job classification for which employees are hired in such a way
that minorities and women are not underutilized.
4. That it will send to each labor organization or representative of workers with
which it has or is bound by a collective bargaining or other agreement or
understanding, a notice advising such labor organization or representative of the
contractor's obligations under the Illinois Fair Employment Practices Act and the
Fair Employment Practices Commission's Rules and Regulations for Public
Contracts. If any such labor organization or representative fails or refuses to
cooperate with the contractor in its efforts to comply with such Act and Rules and
Regulations, the contractor will promptly so notify the Illinois Fair Employment
Practices Commission and the contracting agency and will recruit employees
from other sources when necessary to fulfill its obligations hereunder.
5. That it will submit reports as required by the Illinois Fair Employment Practices
Commission's Rules and Regulations for Public Contracts, furnish all relevant
information as may from time to time be requested by the Fair Employment
Practices Commission or the contracting agency, and in all respects comply with
the Illinois Fair Employment Practices Commission's Rules a nd regulations for
Public Contracts.
6. That it will permit access to all relevant books, records, accounts and work sites
by personnel of the contracting agency, the City Manager, the Commission and
the Illinois Fair Employment Practices Commission for purposes of investigation
to ascertain compliance with the Illinois Fair Employment Practices Act and the
Fair Employment Practices Act and the Fair Employment Practices Commission's
Rules and Regulations for Public Contract.
7. That it will include verbatim or by reference the provisions of subsections (A)
through (G) of this clause in every performance sub-contract as defined in
Section 2.10(b) of the Fair Employment Practices Commission's Rules and
Regulations for Public Contracts so that such provisions will be binding upon
every such sub-contractor; and that it will also include the provisions of
subsections (A), (E), (F), and (G) in every supply sub -contract as defined in
Section 2.10(a) of the Fair Employment Practices Commission's Rules and
Regulations for Public Contracts so that such provisions will be binding upon
every such sub-contractor. In the same manner as with other provisions of this
contract, the contractor will be liable for compliance with applicable provisions of
this clause by all its sub-contractors; and further it will promptly notify the
contracting agency and the Illinois Fair Employment Practices Commission in the
event any sub-contractor fails or refuses to comply therewith. In addition, no
contractor will utilize any sub-contractor declared by the Fair Employment
Practices Commission to be non-responsible and therefore ineligible for contracts
or sub-contracts with the State of Illinois or any of its political subdivisions or
municipal corporations.
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36. M/W/D/EBE GOAL
The City of Evanston has a goal of awarding 25% of its contracts to Minority -Owned,
Women-Owned, Disadvantaged Enterprise and Evanston -based businesses
(M/W/D/EBEs). All Bidders must state the proposed involvement of M/W/D/EBEs in
completing a portion of the services required by the City by completing the attached
M/W/D/EBE forms. Any questions regarding M/W/D/EBE compliance should be
submitted in writing to Tammi Nunez, Purchasing Manager at
tnunez@cityofevanston.org.
37. LOCAL EMPLOYMENT PROGRAM REQUIREMENTS
In an effort to increase hiring of economically disadvantaged Evanston residents on
certain City construction projects, the contractor shall comply with the provisions of
the City of Evanston’s Local Employment Program Ordinance (LEP) set forth in
Section 1-17-1 (C) of the Evanston City Code. The intent of the LEP is to have
Evanston residents employed at the construction site as laborers, apprentices and
journeymen in such trades as electrical, HVAC, carpenters, masonry, concrete
finishers, truck drivers and other construction occupations necessary for the project.
Any questions regarding LEP compliance should be submitted in writing to Jessica
Cooper, Interim Workforce Development Manager at jcooper@cityofevanston.org or
Tammi Nunez Purchasing Manager at tnunez@cityofevanston.org.
NOTE: CITY OF EVANSTON ORDINANCE 60-O-14 AMENDMENT LOCAL
EMPLOYMENT PROGRAM (LEP) available on the City website at:
Ordinance 60-O-14 Amendment LEP
38. QUESTIONS
All questions related to this bid document should be submitted in writing to John
Gonzalez, Purchasing Specialist at johngonzalez@cityofevanston.org with a copy to
Stephen Quinn, at squinn@cityofevanston.org. Only inquiries received a minimum
of seven (7) working days prior to the date set for the opening of bids, will be given
any consideration.
39. COORDINATION OF EXISTING SITE WITH DRAWINGS
A. Before submitting a bid, bidders shall carefully examine the drawings and
specifications, visit the site, and fully inform themselves as to all conditions and
limitations.
B. Should a bidder find discrepancies in, or omissions from the drawings or
specifications, or should be in doubt as to their meaning, the bidder should at once
notify the Purchasing Specialist, who will issue necessary instructions to all bidders
in the form of an addendum.
40. AFFIRMATIVE ACTION IN SUB-CONTRACTING (EXCERPT FROM
RESOLUTION 59R73)
“Contractor agrees that he shall actively solicit bids for the sub -contracting of goods
or services from qualified minority businesses. At the request of the City, Contractor
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shall furnish evidence of his compliance with this requirement of minority solicitation.
Contractor further agrees to consider the grant of sub -contracts to said minority
bidders on the basis of substantially equal bids in the light most favorable to said
minority businesses. Contractor further affirms that in obtaining his performance and
bid bonds, he will seek out and use companies who have records of, and/or who will
make commitments to, the bonding of minority contractors on a rate basis
comparable to their bonding of similar nonminority contractors. The contractor may
be required to submit this evidence as part of the bid or subsequent to it.”
41. COMPLIANCE WITH LAWS
A. The bidder shall at all times observe and comply with all laws, ordinances and
regulations of the Federal, State, Local and City Governments, which may in any
manner affect the preparation of bids or the performance of the contract.
42. QUALIFICATION OF BIDDERS
A. All bidders must be qualified in accordance with the instructions, procedures and
methods set forth in this specification.
B. In awarding contract, City may take into consideration, skill, facilities, capacity,
experience, ability, responsibility, previous work, financial standing of bidder, amount
of work being carried on by bidder, quality and efficiency of construction equipment
proposed to be furnished, period of time within which proposed equipment is
furnished and delivered, necessity of prompt and efficient completion of work herein
described. Inability of any bidder to meet requirements mentioned above may be
cause for rejection of the bid. In addition, if the project covered by this contract is a
minority setaside project, the contractor's qualifications as a minority firm will
determine the eligibility of the contractor to bid.
43. COMPETENCY OF BIDDER
A. No bid will be accepted from or contract awarded to any person, firm or corporation
that is in arrears or is in default to the City of Evanston upon any debt or contract, or
that is a defaulter, as surety or otherwise, upon any obligation to said City, or had
failed to perform faithfully any previous contract with the City.
B. The bidder, if requested, must present within forty eight (48) hours evidence
satisfactory to the Purchasing Manager of performance ability and possession of
necessary facilities, pecuniary resources and adequate insurance to comply with the
terms of these specifications and contract documents.
44. PREFERENCE TO CITIZENS
The Contractor shall abide by the Illinois Preference Act, 30 ILCS 570 et seq., which
stipulates that whenever there is a period of excessive unemployment in Illinois,
defined as any month immediately following two (2) consecutive months during
which the level of unemployment in Illinois exceeds five percent (5%) as measured
by the U.S. Bureau of Labor Statistics in its monthly publication of employment and
unemployment figures, the Contractor shall employ only Illinois laborers unless
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INSTRUCTIONS TO BIDDERS
otherwise exempted as so stated in the Act. (“Illinois laborer” means any person
who has resided in Illinois for at least 30 days and intends to become or remain an
Illinois resident) Other laborers may be used IF Illinois laborers are not available or
are incapable of performing the particular type of work involved if so certified by the
Contractor and approved by the project engineer.
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GENERAL CONDITIONS
GENERAL CONDITIONS
1. BASIS OF AWARD
The City of Evanston reserves the right to award a contract to a responsive and
responsible Bidder(s) who submits the lowest total bid, or to reject any or all bids and
bidding, when in its opinion the best interest of the City will be served by such action.
The City reserves the right to consider the specified alternates in its evaluation of the
bids.
2. BIDS
A. LUMP SUM BID
1. The bidder is to submit a lump sum bid for each bid line on the Bid Form which
includes all costs incidental to performing the specified work. It is understood
and agreed that the unit quantities given in the supporting pages are approximate
only and the bidder shall verify these quantities before bidding as no claim shall
be made against the City on account of any excess or deficiency in the same.
2. Unit prices given in the supporting pages shall be used by the City and the
Contractor for any subsequent changes in the contract.
3. QUANTITIES
Any quantities shown on the Bid Form are estimated only for bid canvassing
purposes, the City has made a good faith effort to estimate the quantity
requirements for the Contract term. The City reserves the right to increase or
decrease quantities ordered under this contract.
4. CONTRACT TERM
Bidder must fully complete the work within the period specified herein after award of
the contract by the City.
5. NOTICE TO PROCEED/ PURCHASE ORDER/ CONTRACT
A. The City issued Purchase Order serves as the City official Notice to Proceed. No
work will be allowed prior to Contractor receipt of the City issued Purchase Order.
B. Upon approval of the required bonds and insurance documents, the City will issue a
Purchase Order to the Contractor for the contract amount. All Applications for
Payment must reference the Purchase Order number.
C. When it is necessary to issue a Change Order that increases/decreases the contract
amount, a Change Order form will be issued and a modified Purchase Order will be
issued reflecting the revised contract amount.
D. When it is necessary to issue a Change Order that only increases/decreases the
contract period, only a Change Order form will be issued establishing the revised
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GENERAL CONDITIONS
contract period.
E. Upon Award the contractor shall execute the Contractor Services Agreement.
6. PAYMENT
A. Progress payments will be made in accordance with “Applications for Payment” and
“Project Closeout” sections of the specifications, less a 10% retainage for each
payment, which will be held until final acceptance of the work by the City.
Certification of each Application for Payment will be made by the City’s
representative.
B. All payments will be made in accordance with Illinois Local Government Prompt
Payment Act.
7. DECISIONS TO WITHHOLD CERTIFICATION FOR PAYMENT
A. The City may not certify payment and may withhold payment in whole or in part, to
the extent reasonably necessary to protect the City, if the quality of the work is not in
accordance with the contract documents. If the City is unable to certify payment in
the amount of the invoice, the City will promptly issue payment for the amount of the
Work completed in accordance with the contract documents. The City may not
certify payment due to any contractor negligence or contract non -compliance.
a. Defective work not remedied
b. Third party claims filed or reasonable evidence indicating probable filing of such
claims
c. Failure of Contractor to make payments properly to Sub-contractors for labor,
materials or equipment
d. Reasonable evidence that the work cannot be completed for the unpaid balance
of the Contract Sum
e. Damage to the City or another contractor
f. Reasonable evidence that the work will not be completed within the Contract
period and that the unpaid balance would not be adequate to cover actual or
liquidated damages for the anticipated delay
g. Persistent failure to carry out work in accordance with the Contract Documents.
8. CHANGES IN WORK
A. The City reserves the right to make changes in the plans and specifications by
altering, adding to, or deducting from the work, without invalidating the contract. All
such changes shall be executed under the conditions of the original contract, except
that any claim for extension of time caused thereby shall be adjusted at the time of
ordering such change.
B. No change shall be made unless a written Change Order and/or modified Purchase
Order is issued by the City stating that the City has authorized the change, and no
claim for an addition to the contract shall be valid unless so ordered.
C. If such changes diminish the quantity of work to be done they shall not constitute a
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GENERAL CONDITIONS
claim for damage or anticipated profits on the work, such increase shall be paid in
one or more of the following ways:
1. by estimate and acceptance in lump sum
2. by unit prices named in the contract’s bid form or subsequently agreed upon
9. DEDUCTION FOR UNCORRECTED WORK
If the City deems it expedient to correct work damaged or not done in accordance
with the contract, the difference in value, together with a fair allowance for damage
shall be deducted from the contract amount due. The value of such deduction shall
be determined by the City.
10. CITY’S RIGHT TO TERMINATE CONTRACT
The City reserves the right, in addition to other rights to termination, to terminate the
contracts in accordance with all provisions of the executed contract.
11. LIENS
A. Neither the final payment nor any part of any retained percentages, shall becom e
due until the contractor, if required, delivers to the City, a complete release of all
liens arising out of this contract, or receipts in full in lieu thereof and, if required in
either case, an affidavit that so far as it has knowledge or information th e releases
and receipts include all the labor and material for which a lien could be filed. If any
lien remains unsatisfied after all payments are made the contractor shall refund to
the City all moneys that the latter may be compelled to pay in discharging such a
lien, including all costs and attorney's fees.
12. SEPARATE CONTRACTS
A. The City reserves the right to let other contracts in connection with this work. The
contractor shall afford other contractors reasonable opportunity for the introduction
and storage of their materials and the execution of their work and shall properly
connect and coordinate his or her work with theirs. If any part of the contractor's
work depends on proper execution or results upon the work of any other contr actor,
the contractor shall inspect and promptly report to the City any defects in such work
that render it unsuitable for such proper execution and results. His or her failure to
so inspect and report shall constitute an acceptance of other contractor's work as fit
and proper.
B. To insure the proper execution of his or her subsequent work, the contractor shall
measure work already in place and shall at once report to the City any discrepancy
between the executed work and the drawings which will affect his or her work.
13. PROTECTION & SAFEGUARDS
A. Unless otherwise specified, the contractor, as a part of this contract, shall provide,
erect and maintain temporary roads, fences, bracing, lights, warning signs,
barricades, etc. necessary for the protection of the construction materials, adjacent
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GENERAL CONDITIONS
property and the public.
B. The contractor shall contact all utilities which will be affected by its operations and
notify the owners of the utilities of its operations and their limits within fortyeight (48)
hours prior to beginning construction. The contractor shall be responsible for
damage to utilities and shall, at his or her own expense, restore such property to a
condition equal to that which existed before its work, as may be directed by the
owners.
C. The contractor shall protect all work and unused materials of this contract from any
and all damage and shall be solely responsible for the condition of such work and
materials.
14. MATERIAL STORAGE
A. On-site areas may be designated for material/equipment storage. The contractor
will assume all risk and liability associated with the storage of material/equipment at
on-site locations.
15. CLEANING UP
A. The contractor shall at all time keep the premises free from accumulation of waste
material or rubbish caused by its employees or work and at the completion of the
work it shall remove all its rubbish, tools, and surplus materials from the premises,
leaving the area in a neat and workmanlike condition. In case of dispute, the City
may remove the rubbish and charge the cost to the contractor.
B. Contractor recognizes that proper cleanup and removal of construction debris is an
important safety consideration. The Contractor shall be solely responsible for daily
construction site/area cleanup and removal of all construction debris in acco rdance
with City-approved disposal practices. Contractor shall be solely responsible for
identifying and removing at its expense all hazardous material and waste which it
uses and generates.
16. RESTORATION OF SITE
A. Prior to final payment, contractor shall fully restore all property disturbed or damaged
during the course of this work. This includes, but is not limited to public property,
(walks, curbs, roadways, trees, etc.) private property, and utilities. This shall also
include removal of temporary facilities erected during the course of this contract and
restoration of these areas.
B. All restoration work shall be subject to the approval of the City and shall restore the
property to a condition at least equal to that existing prior to the start of this contract.
C. All restoration work of property damaged by contractor shall be accomplished at the
sole expense of the contractor.
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GENERAL CONDITIONS
17. PREVAILING WAGE
A. Prospective Bidders shall thoroughly familiarize themselves with the provisions of
the abovementioned Act and shall prepare any and all bids/bids in strict compliance
therewith.
B. Effective September 1st - All work performed on new and existing projects
must be submitted to Illinois Department of Labor through the certified
transcript of payroll portal. You may access the portal here:
Certified Transcript of Payroll Portal
All contractors and sub-contractors on public works projects must submit and
upload certified payrolls on a monthly basis to the IDOL online portal, provide a
pdf copy to the City’s project manager and business work force development
coordinator, along with a statement affirming that such records are true and
accurate, that the wages paid to each worker are not less than the required
prevailing rate and that the contractor is aware that filing records her or she knows
to be false is a Class B misdemeanor.
C. The certified payroll record must include for every worker employed on the public
works project the name, address, telephone number, social security number, job
classification, hourly wages paid in each pay period, number of hours worked each
day, and starting and ending time of work each day. These certified payroll records
are considered public records and public b odies must make these records available
to the public under the Freedom of Information Act, with the exception of the
employee’s address, telephone number and social security number. Any contractor
who fails to submit a certified payroll or knowingly files a false certified payroll is
guilty of a Class B misdemeanor.
D. All certified payrolls shall be submitted in electronic format, preferably a PDF file.
E. As a condition of receiving payment, Contractor must (i) be in compliance with the
Agreement, (ii) pay its employees prevailing wages when required by law (Examples
of prevailing wage categories include public works, printing, janitorial, window
washing, building and grounds services, site technician services, natural resource
services, security guard and food services). Contractor is responsible for contacting
the Illinois Dept. of Labor 217-782-1710; https://www2.illinois.gov/idol/Laws-
Rules/CONMED/Pages/prevailing-wage-act.aspx compliance with prevailing wage
requirements), (iii) pay its suppliers and sub-contractors according to the terms of
their respective contracts, and (iv) provide lien waivers to the City upon request.
18. CONTRACTOR REQUIREMENTS
A. The Contractor shall abide by and comply with all local, State and federal laws and
regulations relating to contracts involving public funds and the
development/construction of public works, buildings, or facilities. The scale of
wages to be paid shall be obtained from Illinois Depar tment of Labor and posted by
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GENERAL CONDITIONS
the Contractor in a prominent and accessible place at the project work site.
B. The Contractor certifies it has not been barred from being awarded a contract with a
unit of State or local government as a result of bid rigging or bid rotating or any
similar offense (720 ILCS 5/33 E-3, E-4).
C. The Contractor certifies, pursuant to the Illinois Human Rights Act (775 ILCS 5/2 -
105), that it has a written sexual harassment policy that includes, at a minimum, the
following information: (1) the illegality of sexual harassment, (2) the definition of
sexual harassment under State law, (3) a description of sexual harassment utilizing
examples, (4) the Contractor’s internal complaint process including penalties, (5)
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 (6) protection against retaliation as provided by Section 6 -
101 of the Illinois Human Rights Act.
D. The Contractor shall abide by the “Illinois Preference Act” which stipulates that
whenever there is a period of excessive unemployment in Illinois, defined as any
month immediately following two (2) consecutive months during which the level of
unemployment in Illinois exceeds five percent (5%) as measured by the U.S. Bureau
of Labor Statistics in its monthly publication of employment and unemployment
figures, the Contractor shall employ only Illinois laborers unless otherwise exempted
as so stated in the Act. (“Illinois laborer” means any person who has resided in
Illinois for at least 30 days and intends to become or remain an Illinois resident)
Other laborers may be used IF Illinois laborers are not available or are incapable of
performing the particular type of work involved if so certified by the Contractor and
approved by the project engineer.
19. SUB-CONTRACTORS
A. The term “sub-contract” means any agreement, arrangement or understanding,
written or otherwise between a Contractor and any person (in which the parties do
not stand in the relationship of an employer or an employee) for the furnishing of
supplies or services or for the use of real or personal property, including lease
arrangements, which, in whole or in part, is utilized in the performan ce of any one or
more Contracts under which any portion of the Contractor’s obligation under any one
or more Contracts is performed, undertaken or assumed.
B. The Bidder is specifically advised that any person, firm or party, to whom it is
proposed to award a sub-contract under this contract must be acceptable to the City.
Approval for the proposed sub-contract Award cannot be given by the City until the
proposed Sub-contractor has submitted evidence showing that it has fully complied
with any reporting requirements to which it is, or was, subject.
C. The contractor, shall, within ten (10) days after award of the Contract, submit to the
City in writing, names and addresses and respective amounts of money for
proposed contracts with Sub-contractors/major suppliers. The City will review and
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GENERAL CONDITIONS
may direct the Contractor that they shall not employ any that are not acceptable as
provided above.
D. The sub-contractor shall abide by and comply with all local, State and federal laws
and regulations relating to contracts involving public funds and the
development/construction of public works, buildings, or facilities.
20. PAYMENTS TO SUB-CONTRACTORS
A. Within seven days after the receipt of amounts paid by the City for work performed
by a sub-contractor under this contract, the Contractor shall either:
1. Pay the sub-contractor for the proportionate share of the total payment received
from the City attributable to the work performed by the sub-contractor under this
contract; or,
2. Notify the City and sub-contractor, in writing, of his intention to withhold all or a
part of the sub-contractor's payment and the reason for non-payment.
B. The Contractor shall pay interest to the sub-contractor on all amounts owed that
remain unpaid beyond the seven day period except for amounts withheld as allowed
in item 2 above.
C. Unless otherwise provided under the terms of this contract, interest shall accrue at
the rate of one percent per month.
D. The Contractor shall include in each of its sub -contracts a provision requiring each
Sub-contractor to include or otherwise be subject to the same payment and interest
requirements as set forth above with respect to each lower-tier sub-contractor.
E. The Contractor's obligation to pay an interest charge to a sub -contractor pursuant to
this provision may not be construed to be an obligation of the City.
21. BOND – PERFORMANCE, MATERIAL, & LABOR
A. When required by the specifications herein, the successful Bidder or Bidders shall,
within ten (10) calendar days after acceptance of the Bidder's bi d by the City, furnish
a performance bond for 100% of the full amount of the contract from insurance
companies having not less than A+ Policyholders Rating from the most recent Alfred
M. Best and Co., Inc. listing available. Certification of the insurance company's
rating shall be provided prior to contract implementation and quarterly thereafter until
contract completion. Should such rating fall below the required A+ level during
performance of the contract, it will be the contractor's responsibility to notify the City
and provide a new bond from an insurance company whose rating meets the City's
requirements.
B. When required by the specifications herein, all Bidders shall submit with the bid a bid
bond. A letter of credit may be furnished in lieu of a bid bond only if the following
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GENERAL CONDITIONS
conditions are met: 1) An irrevocable letter of credit must be obtained from an
accredited bank which shall include an agreement that the bank will honor a demand
by the City for payment due to Plaintiff failure to complete the project. 2) An
irrevocable letter of credit must be in writing and signed by an authorized
representative of the bank. 3) The irrevocable letter of credit must expressly state
that it is irrevocable until the bid has been awarded. 4) The letter of credit must be
for the percentage specified in the bid documents.
C. The City may reject the use of an irrevocable letter of credit if the financial
soundness of the issuing bank is found to be unacceptable.
D. In the event that the Bidder fails to furnish a performance bond in said period of ten
(10) calendar days after acceptance of the Bidder's bid by the City, the City may
withdraw its acceptance of the bid and retain the Bidder's deposit as liquidated
damages and not as a penalty.
E. If the contractor has more than one project for which there is a contract with the City
of Evanston the contractor shall provide a separate Performance Bond for each
project.
22. INDEMNITY
A. The Contractor 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 Contractor or Contractor’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.
B. 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 b rought against them.
The Contractor shall be liable for the reasonable 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 an d 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.
C. At the City Corporation Counsel’s option, Contractor 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 Contractor of any of its obligations under this Agreement.
Any settlement of any claim or suit related to this Project by Contractor must be
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GENERAL CONDITIONS
made only with the prior written consent of the City Corporation Counsel, if the
settlement requires any action on the part of the City.
D. To the extent permissible by law, Contractor 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 Contractor 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 Worker Compensation Act, the
Illinois Pension Code or any other statute.
E. The Contractor 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 -
contractors’ work. Acceptance of the work by the City will not relieve the Contractor
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.
23. CONTRACTOR’S LIABILITY INSURANCE
A. THE CONTRACTOR SHALL NOT COMMENCE WORK UNDER THIS CONTRACT
UNTIL THEY HAVE OBTAINED ALL INSURANCE REQUIRED HEREIN AND
SUCH INSURANCE HAS BEEN APPROVED BY THE CITY. Nor shall the
contractor allow any sub-contractor to commence work until all similar insurance
required of the sub-contractor has been so obtained.
B. The City of Evanston shall be named as an additional insured on the policy of the
contractor for whatever the policy limits are for the contractor, but in no event shall
the Comprehensive General Liability limits be less than $3,000,000.00.
C. If the contractor has more than one project for which he has a contract with the City
of Evanston there shall be separate Certificates of Insurance naming the City as an
additional insured on each separate policy.
D. In the event of accidents, injuries, or unusual events, whether or not any injury
occurred, the contractor shall promptly furnish the City with copies of all reports of
such incidents.
E. The contractor shall furnish one (1) copy of a certificate, with the C ity named as an
additional insured, showing the following minimum coverage with insurance
company acceptable to the City.
24. PRE-CONSTRUCTION MEETING
A. A pre-construction meeting will be scheduled for the successful Contractor at a date
immediately following awarding of the Contracts.
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GENERAL CONDITIONS
25. LIQUIDATED DAMAGES
A. The Contractor must commence work within 10 days of notice from the City and the
work must be completed by 12/31/2024. In the event the work is not substantially
completed by 11/30/2024, then in addition to any remedies available to the City, the
Contractor will pay to the City the sum of $ 750.00 (Seven Hundred and Fifty
Dollars) per day for each calendar day beyond those dates, until substantial
completion of the work has been achieved. Once the Contractor breaks the gasket
seal on the existing valve or associated pipework needed to remove a valve at a
particular filter, contractor will have 48 hours to remove and replace the valve and
restore it to a manually operating condition, or they will incur damages of $750.00
Seven Hundred and Fifty Dollars per day for each calendar day beyond the initial
48 hours. This payment is for liquidated damages, in addition to any other damages
that may be incurred by the City, and not as a penalty. All such liquidated damages
may be set-off against any moneys that may be due the contractor.
B. Substantial Completion shall be defined as the stage in the progress of the work
when the work or designated portion thereof is sufficiently complete in accordance
with the Contract Documents so that the City can occupy or utilize the work for its
intended use. Substantial Completion will be certified by the issuance of a
Certificate of Substantial Completion, to be issued by the City’s representative, when
the Contractor has satisfied the above statement and billed the City for a minimum of
90% of the total value of the work.
26. EXTENSION OF TIME
A. Delays due to causes beyond the control of the contractor other than such as
reasonable would be expected to occur in connection with or during the performance
of the work, may entitle the contractor to an extension of time for completing the
work sufficient to compensate for such delay. No extension of time shall be granted,
however, unless the contractor shall notify the City in writing thereof, within ten (10)
days from the initiation of the delay and unless he shall, within ten (10) days after the
expiration of the delay, notify the City in writing of the extension of time claimed on
account thereof and then only to the extent, if any, allowed by the City.
27. DEFAULT
A. The City may, subject to the provisions of this section, by written notice of default to
Contractor, terminate the whole or any part of this contract in any one of the
following circumstances:
1. if the Contractor fails to perform the services within the time specified herein, or
any extension thereof; or
2. if the contractor fails to perform any of the other provisions of this contract, or so
fails to make progress as to endanger performance of this contract in accordance
with its terms, and in either of these two circumstances does not cure failure
within a period of 10 days (or such other extended period as the City may
authorize in writing) after receipt of notice from the City specifying such failure
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B. In the event the City terminates this contract in whole or in part as provided in th is
section, the City may procure, upon such terms and in such manner as the City may
deem appropriate, services similar to those so terminated, and the Contractor will be
liable to the City for any excess costs for such similar services.
C. The Contractor will not be liable for any excess of costs if acceptable evidence has
been submitted to the City that the failure to perform the contract was due to causes
beyond the control and without fault or negligence of the Contractor.
D. Contractors who default may not be considered for awards of future City contracts.
28. USE OF PREMISES
A. The contractor shall confine his apparatus, the storage of materials and the
operations of his workers, to limits indicated by law, ordinances, permits or directions
of the City.
29. DISCLOSURES AND POTENTIAL CONFLICTS OF INTEREST (30 ILCS 500/50 -
35)
A. The City of Evanston’s Code of Ethics prohibits public officials or employees from
performing or participating in an official act or action with regard to a transaction in
which he has or knows he will thereafter acquire an interest for profit, without full
public disclosure of such interest. This disclosure requirement extends to the
spouse, children and grandchildren, and their spouses, parents and the parents of a
spouse, and brothers and sisters and their spouses.
To ensure full and fair consideration of all bids, the City of Evanston requires all
Bidders including owners or employees to investigate whether a potential or actual
conflict of interest exists between the Bidder and the City of Evanston, its officials,
and/or employees. If the Bidder discovers a potential or actual conflict of interest,
the Bidder must disclose the conflict of interest in its bid, 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
Bidder from consideration. Information provided by Bidders in this regard will allow
the City of Evanston to take appropriate measures to ensure the fairness of the
bidding process.
The City of Evanston requires all bidders to submit a certification, enclosed with this
bid packet, that the bidder has conducted the appropriate investigation and
disclosed all potential or actual conflicts of interest.
By submitting a bid, all Bidders acknowledge and accept that if the City of Evanston
discovers an undisclosed potential or actual conflict of interest, the City of Evanston
may disqualify the Bidder and/or refer the matter to the appropriate authorities for
investigation and prosecution.
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INSURANCE REQUIREMENTS
INSURANCE REQUIREMENTS
TYPE OF INSURANCE MINIMUM INSURANCE
COVERAGE
Bodily Injury and
Consequent Death Property Damage
Each Occurrence
Aggregate___
Commercial General Liability including: $3,000,000 $3,000,000
1. Comprehensive form
2. Premises Operations
3. Explosion & Collapse Hazard
4. Underground Hazard
5. Products/Completed Operations
Hazard
6. Contractual Insurance – With Insurance Certificate Must State:
an endorsement on the The City Of Evanston is Named
face of the certificate as Additional Insured
that it includes the
"Indemnity" paragraph
of the specifications.
7. Broad Form Property Damage
construction projects only
8. Independent contractors
9. Personal Injury
Automobile Liability
Owned, Non-owned or Rented $ 1,000,000 $1,000,000
Workmen's Compensation
and Occupational Diseases
As required by applicable laws.
Employer's Liability $ 500,000
Thirty day notice of cancellation required on all certificates.
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EXHIBIT A
EXHIBIT A – BID FORM
For
30 INCH BACKWASH VALVE REPLACEMENT
(BID #24-16)
1.01 BID TO:
THE CITY OF EVANSTON
2100 Ridge Avenue
Evanston, Illinois 60201
Hereinafter called “OWNER”.
1.02 BID FROM:
(Hereinafter call "BIDDER")
______________________________________
Address
______________________________________
Telephone Number
______________________________________
Fax Number
1.03 BID FOR: 30 INCH BACKWASH VALVE REPLACEMENT
1.04 ACKNOWLEDGEMENT:
A. The Bidder, in compliance with the Invitation for Bids, having carefully examined
the Drawings and Project Manual with related documents and having visited the site of
the proposed Work, and being familiar with all of the existing condi tions and limitations
surrounding the construction of the proposed project, including the structure of the
ground, subsurface conditions, the obstacles which may be encountered, local
restrictions, and all other relevant matters concerning the Work to be p erformed, hereby
PROPOSES to perform everything required to be performed, and to provide all labor,
materials, necessary tools and equipment, expendable equipment, all applicable
permits and taxes and fees, and provide all utility and transportation servic es necessary
to perform and complete in a workmanlike manner the Project in accordance with all the
plans, specifications and related Contract Documents as prepared by the City of
Evanston.
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EXHIBIT A
B. The undersigned hereby acknowledges receipt of Invitation of Bids, Instruction to
Bidder, the Project Manual, Drawings, and other Contract Documents and
acknowledges receipt of the following Addenda:
Addendum No. Dated
Addendum No. Dated
Addendum No. Dated
1.05 GENERAL STATEMENTS
A. The undersigned has checked all of the figures contained
in this proposal and further understands that the Owner will not be responsible for any
errors or omissions made therein by the undersigned.
B. It is understood that the right is reserved by the Owner to
reject any or all proposals, to waive all informality in connection therewith and to award
a Contract for any part of the work or the Project as a whole.
C. The undersigned declares that the person(s) signing this
proposal is/are fully authorized to sign on behalf of the named firm and to fully bind the
named firm to all the conditions and provisions thereof.
D. It is agreed that no person(s) or company other than the
firm listed below or as otherwise indicated hereinafter has any interest whatsoever in
this proposal or the Contract that may be entered into as a result thereof, and that in all
respects the proposal is legal and fair, submitted in good faith, without collusion or
fraud.
E. It is agreed that the undersigned has complied and/or will
comply with all requirements concerning licensing and with all other local, state and
national laws, and that no legal requirement has been or will be violated in making or
accepting this proposal, in awarding the Contract to him, and/or in the prosecution of the
Work required hereunder.
F. To be considered a bona fide offer, this proposal must be
completed in full and accompanied by a bid deposit or a bid bond when required by
Contract Documents or Addenda.
1.06 ALTERNATES
A. When alternate proposals are required by Contract
Documents or Addenda thereto, the undersigned proposes to perform alternates for
herein stated additions to or deductions from hereinbefore stated Base Bid. Additions
and deductions include all modifications of Work or additional Work that the
undersigned may be required to perform by reason of the acceptance of alternates.
1.07 ALLOWANCE
N/A
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EXHIBIT A
1.08 AGREEMENT
A. In submitting this Bid, the undersigned agrees:
1. To hold this Bid open for sixty (60) days from submittal date.
2. To enter into and execute a Contract with the Owner within ten (10) days after
receiving Notice of Award from the Owner.
3. To accomplish the work in accordance with the Contract Documents.
4. To complete the work by the time stipulated in the General Conditions
B. The Owner reserves the right to reject any and all Bids and to waive any
informalities in Bidding.
1.09 SCHEDULE
A. See General Conditions for required schedule of completion dates.
1.10 PROPOSED PRICES
A. The Bidder hereby proposes to furnish all labor, materials, equipment,
transportation, construction plant and facilities necessary to complete, in a workmanlike
manner and in accordance with the contract documents, the contract of work bid upon
herein for compensation in accordance with the following prices:
BASE BID AMOUNT VALVE 13: $____________________
BASE BID AMOUNT VALVE 14: $____________________
BASE BID AMOUNT VALVE 18: $____________________
TOTAL BASE BID AMOUNT: $____________________
1.11 UNIT PRICING LIST
The undersigned submits the following UNIT PRICING LIST to be performed as shown
on the Plans and/or described in the Specifications, and agrees that items of work not
specifically mentioned in the Schedule which are necessary and required to complete
the work intended shall be done incidental to and as part of the work for which a unit
price is given, and understands that no additional payment will be made for such
incidental work from the estimated quantities shown below. Unit prices for individual
line items shall be used for the project’s schedule of values, pay applications and will
also be used to determine the amount to ADD TO or DEDUCT FROM the contract
LUMP SUM PRICE for properly authorized additional or deducted work. In the event of
a change to the contract the contractor shall be limited to markup percentages as
indicated in Section 01028, 1.05, A. Bidders shall examine plans and determine actual
work items and quantities for the work involved for bid analysis by the Owner .
Item Description Unit Base Bid
Quantity
Add
Cost *
Deduct
Cost **
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EXHIBIT A
1 TO BE COMPLETED BY
CONSULTANT
XX
XX
$
$
* Add costs to be provided by Bidder
** Deduct costs to be provided by Bidder
1.12 BID SECURITY
If required by the bid documents, a scanned copy of the bid bond must be included with
the bid electronic submission. The City is currently not able to accept a certified check,
bank cashier’s check or electronic bid bond at this time.
A. The City of Evanston Civic Center is unable to receive in person drop -off and
it is closed to the public. The original bid bond must be mailed within ten (10) days after
the due date, to the City of Evanston Purchasing Department, 2100 Ridge Avenue -
Room 4200 Evanston, Illinois 60201 Attention Purchasing Manager using the US PS
(certified or priority), UPS or FedEx mail options in order to have a tracking number.
B. Accompanying this electronic submittal is a scanned copy of a bank draft, bid
bond, Cashier's check or Certified check as surety in the amount of not less than five
percent (5%) of the Total Bid payable to the City of Evanston.
The amount of the check or draft is: $____________________
If this bid is accepted and the undersigned shall fail to execute a contract and contract
bond as required it is hereby agreed that the amount of the check or draft or bidder’s
bond substituted in lieu thereof, shall become the property of the City and shall be
considered as payment of damages due to delay and other causes suffered by the City
because of the failure to execute said contract and contract bond; otherwise said check
or draft shall be returned to the undersigned.
In the event that one check or draft is intended to cover two or more bids, the amount
must be equal to the sum of the project proposal guarantees of the individual sections
covered.
If the check or draft is placed on another project proposal, state below where it may be
found, as follows: The check or draft will be found in the project proposal for:
____________________ .
1.13 PERFORMANCE/PAYMENT BOND
The undersigned bidder agrees to provide Performance Bond and Payment Bond
executed in accordance with Contract Performance Bond form furnished by and
acceptable to the Owner written with
in the amount of 100% of the Contract Sum (Total Base Bid and a ll accepted
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EXHIBIT A
alternatives and adjustments) the cost of which is included in the Bid.
Cost of bond for change order is ___________ percent of change order cost.
1.14 LIQUIDATED DAMAGES
The undersigned Bidder understands and agrees to the provisions stated under
"LIQUIDATED DAMAGES" in the General Conditions and shall be assessed at the
specified daily rate for each calendar day or partial calendar day until completion as
defined herein.
1.15 MATERIAL SUBSTITUTION SHEET
The following is a schedule of substitute materials I propose to furnish on this job, with
the difference in price being added to or deducted from the Base Bid. The Base Bid is
understood to include only those items which are definitely specified by trade name s or
otherwise.
I understand that if no price difference is indicated, then the selection of materials is
optional with the Owner, and approval or rejection of the substitution below will be
indicated prior to signing of Contracts.
PRODUCT NAME AND/OR MANUFACTURER ADD DEDUCT
____________________________________ _____ ______
_____________________________________ _____ ______
_____________________________________ _____ ______
1.16 PROPOSAL SIGNATURE (REQUIRED)
A. SOLE PROPRIETOR
Signature of Bidder: __________________________________________
SUBSCRIBED AND SWORN to before me this _____ day of_____, 20__
___________________________________
Notary Public
Commission Expires: __________________
B. PARTNERSHIP
Signature of All Partners: ______________________________________
__________________________________________________________
Name (typed or printed)
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EXHIBIT A
__________________________________________________________
__________________________________________________________
Name (typed or printed)
SUBSCRIBED AND SWORN to before me this ____ day of _____, 20___
_______________________________ Commission Expires: ________
Notary Public
C. CORPORATION
Signature of Authorized Official: _________________________________
Title: ______________________________________________________
Name above (typed or printed): _________________________________
(If other than the president, attach a certified copy of that section of corporate by -laws or
other authorization by the Corporation which permits the person to execute the offer for
the Corporation.)
(Corporate Seal)
Attest: _____________________________
Secretary
SUBSCRIBED AND SWORN to before me this ____ day of _____, 20___
_______________________________ Commission Expires: _________
Notary Public
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EXHIBIT A
1.17 DISCLOSURE
A. The undersigned duly sworn deposes and says on oath that the bidder has
withheld no disclosures of ownership interest and the information provided herein to the
best of its knowledge is current and said undersigned has not entered into any
agreement with any other bidder or prospective bidder or with any other person, firm or
corporation relating to the price named in said proposal or any other proposal, nor any
agreement or arrangement under which any person, firm or corporation is to refrain from
bidding, nor any agreement or arrangement for any act or omission in restraint o f free
competition among bidders and has not disclosed to any person, firm or corporation the
terms of this bid or the price named herein.
Bidder: ______________________________________________
Business Address: ____________________________________
____________________________________
Telephone Number: ____________________________________
1.18 CONTACTS
A. In the event the Evanston City Council approves this bid response, list the name,
address, telephone, and fax number of the person to be contacted:
Bidder: _____________________________________________
Address: ____________________________________________
____________________________________________
Telephone Number: ___________________________________
Fax Number: ________________________________________
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EXHIBIT A
1.19 REFERENCES
A. Provide three (3) references for which your firm has completed work of a similar
scope in the past.
1. Name: _______________________________________
Address: _____________________________________
Contact Person: ________________________________
Phone: _______________________________________
Contract Value: ________________________________
Contract Dates: ________________________________
2. Name: _______________________________________
Address: _____________________________________
Contact Person: ________________________________
Phone: __________________________________ ___
Contract Value:
Contract Dates: ________________________________
3. Name: _______________________________________
Address: _____________________________________
Contact Person: ________________________________
Phone: _______________________________________
Contract Value: ________________________________
Contract Dates: ________________________________
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EXHIBIT B
EXHIBIT B
City of Evanston M/W/D/EBE Policy
A City of Evanston goal is to provide contracting and sub-contracting opportunities to
Minority Business Enterprises, Women Business Enterprises, Disadvantaged and
Evanston Business Enterprises. The goal of the Minority, Women, Disadvantaged and
Evanston Business Enterprise Program (M/W/D/EBE) is to assist such businesses with
opportunities to grow. To assist such growth, the City’s goal is to have general
contractors utilize M/W/D/EBEs to perform no less than 25% of the awarded contract.
Firms bidding on projects with the City must work to meet the 25% goal or request a
waiver from participation. It is advised that bidders place advertisements requesting
sub-contractors and that they email or contact individual firms that would be appropriate
to partner in response to the project. For samples of possible advertisements, see the
City of Evanston’s Business Diversity Section
http://www.cityofevanston.org/business/business-diversity/ (Sample Advertisement). If
you request a paper copy of the additional documents, it will be available free of c harge
from the Purchasing Office, 2100 Ridge Road Suite 4200, Evanston, IL 60201.
If a bidder is unable to meet the required M/W/D/EBE goal, the Bidder must seek a
waiver or modification of the goal on the attached forms. Bidder must include:
1. A narrative describing the Bidder’s efforts to secure M/W/D/EBE participation
prior to the bid opening.
2. Documentation of each of the assist agencies that were contacted, the date and
individual who was contacted, and the result of the conversation (see form)
3. A letter attesting to instances where the bidder has not received
inquiries/proposals from qualified M/W/D/EBEs
4. Names of owners, addresses, telephone numbers, date and time and method of
contact of qualified M/W/D/EBE who submitted a proposal but was not fou nd
acceptable.
5. Names of owners, addresses, telephone numbers, date and time of contact of at
least 15 qualified M/W/D/EBEs the bidder solicited for proposals for work directly
related to the Bid prior to the bid opening (copies must be attached).
If a bidder is selected with a Sub-contractor listed to meet the M/WD/EBE goal, a
“monthly utilization report” will be due to the City prior to each payment being issued to
the Contractor. This report will include documentation of the name of the firm hir ed, the
type of work that firm performed, etc. Should the M/W/D/EBE not be paid according to
the schedule proposed in this document, the City reserves the right to cancel the
contract. Examples of this monthly form can be found on the City’s website:
http://www.cityofevanston.org/business/business-diversity/(MWDEBEMonthly Utilization
Report).
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EXHIBIT C
EXHIBIT C
M/W/D/EBE PARTICIPATION COMPLIANCE FORM
I do hereby certify that
_________________________________________________ (Name of firm) intends to
participate as a Subcontractor or General Contractor on the project referenced above.
This firm is a (check only one):
______ Minority Business Enterprise (MBE), a firm that is at least 51% managed and
controlled by a minority, certified by a certifying agency within Illinois.
______ Women’s Business Enterprise (WBE), a firm that is at least 51% managed and
controlled by a woman, certified by a certifying agency within Illinois.
______ Disadvantaged Business Enterprise (DBE), a firm that is at least 51% managed
and controlled by a disadvantaged, certified by a certifying agency within Illinois.
______ Evanston Based Enterprise (EBE), a firm located in Evanston for a minimum of
one year and which performs a “commercially useful function”.
Total proposed price of response $_____________________
Amount to be performed by a M/W/D/EBE $_____________________
Percentage of work to be performed by a M/W/D/EBE _____________________%
Information on the M/W/D/EBE Utilized:
Name __________________________________________________________
Address ____________________________________________________
Phone Number
Signature of firm attesting to participation ____________________________
Title and Date ____________________________________________________
Type of work to be performed _______________________________________
Please attach:
1. Proper certification documentation if applying as a M/W/DBE and check the appropriate
box below. This M/W/DBE will be applying with documentation from:
❑ Cook County State Certification
Federal Certification Women’s Business Enterprise National Council
City of Chicago Chicago Minority Supplier Development Council
2. Attach business license if applying as an EBE
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EXHIBIT C
EXHIBIT C
M/W/D/EBE UTILIZATION SUMMARY REPORT
The following Schedule accurately reflects the value of each MBE/WBE/DBE/EBE sub -
agreement, the amounts of money paid to each to date, and this Pay Request. The
total proposed price of response submitted is _____________________.
MBE/WBE/DBE/EBE
FIRM NAME
FIRM TYPE
(MBE/WBE
/DBE/EBE)
SERVICES
PERFORMED
AMOUNT OF
SUB-
CONTRACT
PERCENT OF
TOTAL
CONTRACT
AMOUNT
$
$
$
$
$
$
$
$
$
$
$
$
$
$
TOTAL
$
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EXHIBIT D
EXHIBIT D
M/W/D/EBE PARTICIPATION WAIVER REQUEST
I am of , and I have authority to
(Title) (Name of Firm)
execute this certification on behalf of the firm. I do
(Name)
hereby certify that this firm seeks to waive all or part of this M/W/D/EBE partcipation
goal
for the following reason(s):
(CHECK ALL THAT APPLY. SPECIFIC SUPPORTING DOCUMENTATION MUST BE
ATTACHED.)
______ 1. No M/W/D/EBEs responded to our invitation to bid.
______ 2. An insufficient number of firms responded to our invitation to bid.
For #1 & 2, please provide a narrative describing the outreach
efforts from your firm and proof of contacting at least 15 qualified
M/W/D/EBEs prior to the bid opening. Also, please attach the
accompanying form with notes regarding contacting the Assist
Agencies.
______ 3. No sub-contracting opportunities exist.
Please ATTACH a DETAILED written explanation of why sub-
contracting is not feasible.
______ 4. M/W/D/EBE participation is impracticable.
Please ATTACH a DETAILED written explanation of why M/W/D/EBE
participation is impracticable.
Therefore, we request to waive _____of the 25% utilization goal for a revised goal of
_____%.
Signature: Date:
(Signature)
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EXHIBIT E
EXHIBIT E
Construction Contractors' Assistance Organizations (“Assist Agencies”) Form
AGENCY
DATE
CONTACTED
CONTACT
PERSON
RESULT OF
CONVERSATION
Association of Asian Construction Enterprises
(AACE)
5500 Touhy Ave., Unit K
Skokie, IL. 60077
Phone: 847-5259693
Perry Nakachii, President
Black Contractors United (BCU)
400 W. 76th Street
Chicago, IL 60620
Phone: 773-483-4000; Fax: 773-483-4150
Email: bcunewera@ameritech.net
Chicago Minority Business Development
Council
105 West Adams Street
Chicago, Illinois 60603
Phone: 312-755-8880; Fax: 312-755-8890
Email: info@chicagomsdc.org
Shelia Hill, President
Evanston Minority Business Consortium, Inc.
P.O. Box 5683
Evanston, Illinois 60204
Phone: 847-492-0177
Email: embcinc@aol.com
Federation of Women Contractors
5650 S. Archer Avenue
Chicago, Illinois 60638
Phone: 312-360-1122; Fax: 312-360-0239
Email: FWCChicago@aol.com
Contact Person: Beth Doria
Maureen Jung, President
Hispanic American Construction Industry
(HACIA)
901 W. Jackson, Suite 205
Chicago, IL 60607
Phone: 312-666-5910; Fax: 312-666-5692
Email: info@haciaworks.org
Women’s Business Development Ctr.
8 S. Michigan Ave, Suite 400
Chicago, Illinois 60603
Phone: 312-853-3477 X220;
Fax: 312-853-0145
Email: wbdc@wbdc.org
Carol Dougal, Director
PLEASE NOTE: Use of Construction Contractor’s Assistance Organization (Assist Agencies”)
Form and agencies are for use as a resource only. The agencies and or vendors listed are not
referrals or recommendations by the City of Evanston.
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EXHIBIT F
EXHIBIT F
CITY OF EVANSTON
LOCAL EMPLOYMENT PROGRAM (LEP) COMPLIANCE
Effective Date January 1, 2015
City of Evanston Ordinance 60-O-14, Local Employment Program (LEP) New Penalties:
● Ordinance 60-O-14, Amendment to the MWDEBE/LEP revising the penalty section from a
$100/per day to a 1.0% of total project value penalty can be found at: Ordinance 60-O-14
Amendment MWEDBE LEP of the Evanston City Code Section 1-17-1 (C) can be found at
Municode Library. The following are excerpts from Ordinance 60 -O-14, Amending City Code
Section 1-17-1(C) (11): Penalty.
If the contractor or sub-contractor fails to comply: The City may impose a fine up to one percent
(1.0%) of the approved project price in total. Contractors or sub -contractors that are out of compliance
due to a resident termination or resignation shall immediately notify the Business Workforce
Compliance Coordinator of this occurrence within two (2) business days. Subsequently, the
contractor or sub-contractor shall have five (5) additional business days to replace a terminated or
resigned worker with another resident.
If the contractor or sub-contractor fails to comply: If the contractor or sub-contractor fails to make
the replacement or to notify the Business Workforce Compliance Coordinator of this occurrence, the
offending party will also be subject to a penalty up to one percent (1.0%) of the approved project
price. If the noncompliant contractor makes a good faith effort to replace the resident, the fine may
be waived.
If the contractor or sub-contractor fails to comply: At the sole discretion of the City, a contractor
or sub-contractor that has violated the terms of the Local Employment Program within a three-year
period may be determined a non-responsible bidder and excluded from bidding on future projects for
a period of not less than one year.
If the employee (LEP Evanston resident) fails to comply : At the sole discretion of the City, an
employee that has been hired through the LEP may be removed from the program for a period of not
less than one year for failing to adhere to program guidelines or due to termination by the contractor
for cause. Such termination process will be reviewed by the Workforce Development Coordinator.
**Detailed Local Employment Program Instructions “How to Comply” can be found at: Local
Employment Program Detailed Instructions
Local Employment Program or Exhibit F Questions: City staff is available for assistance to help
with compliance. Submit questions in writing to Jessica Cooper, Interim Workforce Development
Manager at jcooper@cityofevanston.org or Tammi Nunez, Purchasing Manager at
tnunez@cityofevanston.org.
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EXHIBIT F
EXHIBIT F
LOCAL EMPLOYMENT PROGRAM COMPLIANCE
CITY CODE SECTION 1-17-1(C): LOCAL EMPLOYMENT PROGRAM
I have read and understood the requirements of the City of Evanston Local Employment Program (“LEP”) as set forth in City of
Evanston Code Section 1-17-1(C): Local Employment Program. I intend to comply with the program as follows:
Estimated total labor cost = $ _______________ 15% of total labor cost = $ ______________
________ My total bid, including all alternates, is under $250,000, and the LEP does not apply.
________ My total bid, including all alternates, is equal to or greater than $250,000, and I already employ, and will
continue to employ for the duration of the contract for which I am submitting this bid, Evanston residents
(residing in zip codes 60201 or 60202) for at least 15% of all hours worked at the construction site by
construction trade workers.
________ My total bid, including all alternates, is equal to or greater than $250,000, and I will employ, for the duration
of the contract for which I am submitting this bid, through use of the City of Evanston database or otherwise,
Evanston residents (residing in zip codes 60201 or 60202) for at least 15% of all hours worked at the
construction site by construction trade workers.
________ My total bid, including all alternates, is equal to or greater than $250,000, and I have been unable to comply
with the LEP requirements but am willing to work with the City to achieve compliance.
________ My total bid, including all alternates, is equal to or greater than $250,000, and after having made sincere
attempt to comply as noted below, I seek a waiver on a portion or all of the LEP requirements on this
contract. Complete next section “Reasons for Waiver Request” below.
I UNDERSTAND THAT FAILURE TO COMPLY WITH THE LEP, REGARDLESS OF INTENT, MAY RESULT IN MAXIMUM PENALTY AS
SET FORTH IN CITY CODE SECTION 1-17-1(C)(11), AS AMENDED.
WAIVER WILL BE GRANTED ONLY AFTER SINCERE ATTEMPT TO COMPLY*
REASONS FOR WAIVER REQUEST: PLEASE CHECK ALL THAT APPLY AND COMPLETE INFORMATION REQUESTED:
1. I have made sincere attempt as otherwise indicated below, but have nonetheless been unable to comply.
a. I do or will employ Evanston residents for the project, but such employment amounts to ____% of total labor cost.
2. The nature of the job is so technical that after having made sincere attempt as otherwise indicated below, I have been
unable to locate any Evanston residents qualified to perform any aspects of the work. Please describe applicable job
requirements/qualifications. Attach separate sheet if necessary:
_____________________________________________________________________________
______________________________________________________________________________
*THE FOLLOWING DEMONSTRATE SINCERE ATTEMPT TO COMPLY: PLEASE CHECK EACH BOX COMPLETED, AS APPLICABLE:
3. I have utilized the local resident database and otherwise worked with the City in attempt to hire Evanston residents in
compliance with LEP on this project, and have nonetheless been unable to comply;
4. I have placed one or more ads in a local newspaper seeking to hire Evanston residents in compliance with LEP on this
project, and have nonetheless been unable to comply; and
5. If I am utilizing union labor, I have contacted Chicagoland labor unions to request Evanston residents for employment
in compliance with LEP on this project and have nonetheless been unable to comply.
I have read The City of Evanston, Local Employment Program (LEP) requirements as set forth in City Code Section 1 -17-1(C):
Local Employment Program. I understand and will comply with the LEP requirements for this project with respect to the job
and/or any waiver, as applicable. I UNDERSTAND THAT IF MY APPLICATION IS NOT COMPLETE, MY BID MUST BE REJECTED.
SIGNED:
_____________________________ ___________________________ _______________
Signature Printed Name and Title Date
On behalf of Company: _______________________________________
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EXHIBIT F
_____________________________ ___________________________ _______________
Signature Printed Name and Title Date
On behalf of Company: _______________________________________
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EXHIBIT G
EXHIBIT G
CERTIFICATION OF BIDDER REGARDING
EQUAL EMPLOYMENT OPPORTUNITY
(Only if Contract Exceeds $10,000)
This certification is required pursuant to Executive Order 11246 (30 F.R. 12319 -25).
The implementing rules and regulations provide that any bidder or pr ospective
contractor, or any of their proposed sub -contractors, shall state as an initial part of the
bid or negotiations of the contract whether it has participated in any previous contract or
sub-contract subject to the equal opportunity clause; and, if so, whether it has filed all
compliance reports due under applicable instructions.
Where the certification indicates that the bidder has not filed a compliance report due
under applicable instructions, such bidder shall be required to submit a compliance
report within seven calendar days after bid opening. No contract shall be awarded
unless such report is submitted.
CERTIFICATION OF BIDDER
Name and Address of Bidder (Include ZIP Code)
IRS EMPLOYER I.D. NUMBER 36-_____________________________
1. Bidder has participated in a previous contract or sub -contract subject to the
Equal Opportunity Clause. ____Yes ___No
2. Bidder has filed all compliance reports due under applicable instructions.
___Yes ___No
3. Have you ever been or are you being considered for sanction due to violation of
Executive Order 11246, as amended?
___Yes ___No
Name: ____________________________
Title: ____________________________
Signature: _______________________
Date: _____________________________
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EXHIBIT H
EXHIBIT H
DISCLOSURE OF OWNERSHIP INTERESTS
City of Evanston Ordinance 15078 requires all persons (APPLICANT) seeking to do
business with the City to provide the following information with their bid. Every question
must be answered. If the question is not applicable, answer with "NA".
APPLICANT NAME: _____________________________________________________
APPLICANT ADDRESS: ________________________________________________
TELEPHONE NUMBER: ________________________________________________
FAX NUMBER: ________________________________________________
APPLICANT is (Check One)
1. Corporation ( ) 2. Partnership ( ) 3. Sole Owner ( ) 4. Association ( )
5. Other ( )____________________________________________________________
Please answer the following questions on a separate attached sheet if necessary.
SECTION I CORPORATION
1a. Names and addresses of all Officers and Directors of Corporation.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
1b. (Answer only if corporation has 33 or more shareholders .) Names and
addresses of all those shareholders owning shares equal to or in excess of 3% of the
proportionate ownership interest and the percentage of shareholder interest. (Note:
Corporations which submit S.E.C. form 10K may substitute that statement for the
material required herein.)
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
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EXHIBIT H
1c. (Answer only if corporation has fewer than 33 shareholders.) Names and
addresses of all shareholders and percentage of interest of each herein. (Note:
Corporations which submit S.E.C. form 10K may substitute that statement for the
material requested herein.)
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
SECTION 2 PARTNERSHIP/ASSOCIATION/JOINT VENTURE
2a. The name, address, and percentage of interest of each partner whose interests
therein, whether limited or general is equal to or in excess of 3%.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
2b. Associations: The name and address of all officers, directors, and other
members with 3% or greater interest.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
SECTION 3 - TRUSTS
3a. Trust number and institution.
____________________________________________________________________
3b. Name and address of trustee or estate administrator.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
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EXHIBIT H
3c. Trust or estate beneficiaries: Name, address, and percentage of interest in total
entity.
____________________________________________________________________
____________________________________________________________________
__________________________________________________________________
SECTION 4 ALL APPLICANTS - ADDITIONAL DISCLOSURE
4a. Specify which, if any, interests disclosed in Section 1, 2, or 3 are being held by
an agent or nominee, and give the name and address of principal.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
4b. If any interest named in Section 1, 2, or 3 is being held by a "holding" corporation
or other "holding" entity not an individual, state the names and addresses of all parties
holding more than a 3% interest in that "holding" corporation or entity as required in
1(a), 1(b), 1(c), 2(a), and 2(b).
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
4c. If "constructive control" of any interest named in Sections 1, 2, 3, or 4 is held by
another party, give name and address of party with constructive control. ("Constructive
control" refers to control established through voting trusts, proxies, or special terms of
venture of partnership agreements.)
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
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EXHIBIT H
I have not withheld disclosure of any interest known to me. Information provided is
accurate and current.
______________________
__________________________________
Date Signature of Person Preparing
Statement
______________________
Title
ATTEST: ___________________________ (Notary Seal)
Notary Public
Commission Expires: ____________________
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EXHIBIT I
EXHIBIT I
ADDITIONAL INFORMATION SHEET
Bid/Proposal Name: _______________________________________________
Bid/Proposal Number #: ____________________________________________
Company Name: __________________________________________________
Contact Name: ___________________________________________________
Address: ________________________________________________________
City,State, Zip: ____________________________________________________
Telephone/FAX: #_________________________________________________
E-mail: __________________________________________________________
Comments: _____________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
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EXHIBIT J
EXHIBIT J
CERTIFICATE OF COMPLIANCE
WITH PREVAILING WAGE RATE ACT
The undersigned, upon being first duly sworn, hereby certifies to the City of
Evanston, Cook, County, Illinois, that all work under this contract shall comply
with the Prevailing Wage Rate Act of the State of Illinois, 820 ILCS 130 et
seq, and as amended by Public Acts 86-799 and 86-693 and our current city
ordinance, with rates to be paid in effect at time work is performed.
Contractors shall submit monthly certified payroll records to the city.
Name of Contractor:
By: ____________ _
By: State of , County of _________________
Subscribed and sworn to before me this ___________ day
of___________, __________.
Notary Public
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EXHIBIT K
EXHIBIT K
MAJOR SUB-CONTRACTORS LISTING
The following Tabulation of Major Sub-contractors shall be attached and made a
condition of the Bid. The Bidder expressly understands and agrees to the following
provisions:
A. If awarded a Contract as a result of this Bid, the major sub-contractors used in
the prosecution of the work will be those listed below.
B. The following list includes all sub-contractors who will perform work representing
5% (five percent) or more of the total Base Bid.
C. The sub-contractors listed below are financially responsible and are qualified to
perform the work required.
D. The sub-contractors listed below comply with the requirements of the Contract
Documents.
E. Any substitutions in the sub-contractors listed below shall be requested in writing
by the Contractor and must be approved in writing by the Owner. All pertinent
financial, performance, insurance and other applicable information shall be
submitted with the request for substitutions(s). Owner shall respond to such
requests within 14 calendar days following the submission of all necessary
information to the full satisfaction of the Owner.
Address and
Category Name of Sub-contractor Telephone
Number
_______
(Attach additional sheets as required)
END OF SECTION
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EXHIBIT L
EXHIBIT L
CONFLICT OF INTEREST
___________________________________________________, hereby certifies that it
has conducted an investigation into whether an actual or potential conflict of interest
exists between the Bidder, its owners and employees and any official or employee of
the City of Evanston.
Bidder further certifies that it has disclosed any such actual or potential conflict of
interest and acknowledges if Bidder/proposer has not disclosed any actual or potential
conflict of interest, the City of Evanston may disqualify the bid/proposal.
_____________________________________________________________________
(Name of Bidder/proposer if the Bidder/proposer is an Individual)
(Name of Partner if the Bidder/proposer is a Partnership)
(Name of Officer if the Bidder/proposer is a Corporation)
The above statements must be subscribed and sworn to before a notary public.
Subscribed and Sworn to this _______ day of ______________, 20
__________________________________ (Notary Seal)
Notary Public
Commission Expires: ________________
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EXHIBIT M
EXHIBIT M
SIGNATURE FORM
THE SECTION BELOW MUST BE COMPLETED IN FULL AND SIGNED
The undersigned hereby certifies that they have read and understand the contents of
this solicitation and attached service agreements, and agree to furnish at the prices
shown any or all of the items above, subject to all ins tructions, conditions, specifications
and attachments hereto. Failure to have read all the provisions of this solicitation shall
not be cause to alter any resulting contract or to accept any request for additional
compensation. By signing this document, the proposer hereby certifies that they are not
barred from bidding on this contract as a result bid rigging or bid rotating or any similar
offense (720 ILCS 5/33 E-3, E-4).
Authorized Signature: ___________________________________________________
Company Name: _______________________________________________________
Typed/Printed Name: ____________________________________________________
Date: ________________________________________________________________
Title: _________________________________________________________________
Telephone Number: _____________________________________________________
E-mail_________________________________________________________________
Fax Number: ___________________________________________________________
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EXHIBIT N
Exhibit N
Contractor Services Agreement Acknowledgement Page
The City has attached its standard contractor services agreement as an exhibit to this
bid document. 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 Bidder’s response. Please check
one of the following statements:
____I have read the contractor services agreement and plan on executing the
agreement without any exceptions.
My firm cannot execute the City’s standard contractor service agreement unless the
exceptions noted below or in the attached sample contractor services agreement are
made.
***Please be aware that submitting exceptions to the contract may impact the
likelihood of your firm being selected to perform this work.
List exceptions in the area below:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
_____________________________________________________________
Authorized
Signature:
Company
Name:
Typed/Printed
Name and Title:
Date:
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Exhibit N
CONTRACTOR SERVICES AGREEMENT
The parties referenced herein desire to enter into an agreement for professional services for
30 INCH BACKWASH VALVE REPLACEMENT
(BID #24-16)
THIS AGREEMENT (hereinafter referred to as the “Agreement”) is entered into 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 [Insert Contractor name
here], with offices located at [Insert Contractor address here], (hereinafter referred to as the
“Contractor”). Compensation (the “Compensation”) for all basic services provided by the
Contractor pursuant to the terms of this Agreement shall not exceed $[Insert fee here].
Revision March 2020
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TABLE OF CONTENTS
1 Services and Duties of the Contractor ................................................................................ 1
2 Standard Certifications........................................................................................................ 4
3 Additional Services/Change Orders .................................................................................... 7
4 Bonds .................................................................................................................................. 9
5 Liquidated Damages in the Event Contractor Fails to Complete the Work ..................... 10
6 The City’s Responsibilities ............................................................................................... 10
7 Period of Service ............................................................................................................... 10
8 Payment for Services and Reimbursements ...................................................................... 11
9 Notice and Cure/Termination ........................................................................................... 12
10 Insurance ........................................................................................................................... 13
11 Indemnification ................................................................................................................. 15
12 Drawings and Documents ................................................................................................. 16
13 Successors and Assigns..................................................................................................... 16
14 Force Majeure ................................................................................................................... 16
15 Amendments and Modifications ....................................................................................... 17
16 Standard of Care & Warranty ........................................................................................... 17
17 Savings Clause .................................................................................................................. 18
18 Non-Waiver of Rights ....................................................................................................... 18
19 Entire Agreement .............................................................................................................. 19
20 Governing Law ................................................................................................................. 19
21 Ownership of Contract Documents ................................................................................... 19
22 Notice ................................................................................................................................ 19
23 Severability ....................................................................................................................... 20
24 Execution of Agreement ................................................................................................... 20
25 Counterparts ...................................................................................................................... 20
26 Authorizations ................................................................................................................... 20
27 Time of Essence ................................................................................................................ 20
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RECITALS
WHEREAS, the City intends to retain the services of a qualified and experienced contractor for
the following:
[Insert whatever project specific background and language is appropriate]
WHEREAS, this Agreement shall include the following documents which are attached hereto:
a) City of Evanston RFQ/RFP/Bid _______, attached as Exhibit A.
b) Contractor’s response to RFQ/RFP/Bid _______, attached as Exhibit B.
c) Any sub-contractor sub-contracts related to this Agreement, attached as Exhibit C.
d) Project Fee Schedule and hourly rates, attached as Exhibit D (if appropriate).
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties
agree as follows:
1 Services and Duties of the Contractor
1.1 The Contractor shall perform professional services and provide equipment (the “Work”)
in accordance with Exhibits A, B, C and D. The Contractor retains the right to control the
manner of performance of the services provided for in this Agreement and is an independent
contractor and not agent or an employee of the City. All employees and sub -contractors of the
Contractor shall likewise not be considered to be employees of the City. Contractor is solely
responsible for the means and methods of all work performed under the terms of this Agreement
for this Project (“the Project”). Contractor is an independent Contractor and is solely responsible
for all taxes, withholdings, and other statutory or contractual obligations of any sort, including
but not limited to, Worker’s Compensation Insurance. Nothing in this Agreement accords any
third-party beneficiary rights whatsoever to any non-party to this Agreement that any non-party
may seek to enforce. Contractor acknowledges and agrees that should Contractor or its sub-
contractors provide false information, or fail to be or remain in compliance with this Agreement;
the City may void this Agreement.
1.2 The Contractor warrants and states that it has read the Contract Documents, and agrees to
be bound thereby, including all performance guarantees as respects Contractor’s work and all
indemnity and insurance requirements. Contractor further affirms that it has visited the Project
site and has become familiar with all special conditions, if any, at the Project site. Contractor
shall perform the Work and its obligations under this Agreement in accordance with and subject
to the Contract Documents to the full extent that each such provision is applicable to the Work.
Contractor shall take necessary precautions to properly protect the Work of others, if any, from
damage caused by operations under this Agreement. In addition, Contractor shall protect the
work during normal and adverse weather conditions until the Project is complete and accepted by
the City, or until the Contractor has fully completed its work under this Agreement. Contractor’s
obligations include, but are not limited to, placing and adequately maintaining at or about all
locations of Project work, sufficient guards, barricades, lights, and enclosures to protect the
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Work.
1.3 The Contractor shall not have any public or private interest and shall not acquire directly
or indirectly any such interest which conflicts in any manner with the performance of its services
under this Agreement.
1.4 The Contractor shall designate, in writing, a person to act as its Project Manager for the
work to be performed under this Agreement. Such person shall have complete authority to
transmit instructions, receive information, interpret and define the Contractor’s policies and
decisions with respect to the work covered by this Agreement.
1.5 The Contractor shall employ only persons duly licensed by the State of Illinois to perform
the professional services required under this Agreement for which applicable Illinois law
requires a license, subject to prior approval of the City. The Contractor shall employ only well
qualified persons to perform any of the remaining services required under this Agreement, also
subject to prior approval of the City. The City reserves the right to require replacement of
Contractor, sub-contractor, or supplier personnel for any reason. Contractor will replace the
unacceptable personnel at no charge to the City. For all solicitations or advertisements placed by
or on behalf of Contractor for employees for this Project it will state that the Contractor is an
Equal Opportunity Employer.
1.6 Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the
possession of others whom the City has contracted with to perform a governmental function are
covered by the Act and subject to disclosure within limited statutory timeframes (five (5)
working days with a possible five (5) working day extension). Upon notification from the City
that it has received a Freedom of Information Act request that calls for records within the
Contractor’s control, the Contractor 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
Contractor 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. Contractor
shall indemnify and defend the City from and against all claims arising from the City’s
exceptions to disclosing certain records which Contractor 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.
1.7 The Contractor 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. The Contractor may,
upon request of the City, submit to the City a draft sub-contractor agreement for City review and
approval prior to the execution of such an agreement. Any previously entered into sub-contractor
agreement(s) are attached as Exhibit C. If the Contractor sub-contracts any of the services to be
performed under this Agreement, the sub-contractor 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
Contractor shall be responsible for the accuracy and quality of any sub-contractor’s work.
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1.8 The Contractor shall cooperate fully with the City, other City contractors, other
municipalities and local government officials, public utility companies, and others, as may be
directed by the City. This shall include attendance at meetings, discussions and h earings as
requested by the City. This cooperation shall extend to any investigation, hearings or meetings
convened or instituted by OSHA relative to this Project, as necessary. Contractor 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.
1.9 The Contractor acknowledges that it shall enforce and comply with all applicable
Occupational Safety and Health Administration standards (OSHA) for this Project in effect as of
the date of the execution of this Agreement, or as otherwise promulgated by OSHA in the future
taking effect during the pendency of this Project. Contractor shall enforce all such standards and
ensure compliance thereto as to its own agents and employees, and as to the agents and
employees of any sub-contractor throughout the course of this Project. Contractor is solely
responsible for enforcing and complying with all applicable safety standards and requirements on
this Project, and is solely responsible for correcting any practices or procedures which do not
comply with the applicable safety standards and requirements for this Project. Any Project
specific safety requirements applicable to this Project must be followed by Contractor and any
sub-contractor(s) on the Project. Additionally, all such safety requirements shall be made a part
of any sub-contractor agreement.
1.10 The Contractor shall submit to the City a progress report each month this Agreement is in
effect. The report shall include the following items:
a) A summary of the Contractor’s project activities, and any sub-contractor project activities
that have taken place during the invoice period;
b) A summary of the Contractor’s project activities and any sub-contractor project activities,
that shall take place during the next invoice period;
c) A list of outstanding items due to or from the City; and
d) A status of the Project schedule.
1.11 The Contractor shall perform the work required under this Agreement pursuant to high
quality industry standards expected by the City. The Contractor shall apply for and receive all
appropriate permits before performing any work in the City. The Contractor shall also provide
the appropriate permit drawings for Building Permits to be issued for the Project, if said permits
are obligated by the Project. The City will assist the Contractor with obtaining the appropriate
building and right-of-way permits.
1.12 The Contractor shall provide drawings of record, in the following 3 electronic formats for
all locations where equipment has been installed and/or work has been performed. The
electronic formats required by this Section 1.12 are Auto Cad Version 2007, ArcView and PDF.
1.13 Contractor recognizes that proper cleanup and removal of construction debris is an
important safety consideration. The Contractor shall be solely responsible for daily construction
site/area cleanup and removal of all construction debris in accordance with City-approved
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disposal practices. Contractor shall be solely responsible for identifying and removing at its
expense all hazardous material and waste which it uses and generates.
1.14 To the extent that there is any conflict between a provision specified in this Agreement,
with a provision specified in any of the other Contract Documents, as defined in Section 1.15,
this Agreement shall control. The City and the Contractor may amend this Section 1.14 as
provided by Section 15 herein.
The Contractor acknowledges and agrees that the City has no retained control over any of the
Work done pursuant to this Agreement, and that the City is expressly exempt from the retained
control exception as defined in the Restatement of Torts, Second, Section 414. This provision
shall survive completion, expiration, or termination of this Agreement.
1.15 The Contract Documents for this Project consist of:
a) This Agreement;
b) The City’s RFP/RFQ, and the plans, specifications, general conditions, drawings
addenda, and modifications thereto;
c) The Contractor’s response to the RFP/RFQ/Bid;
d) Other exhibits and schedules, if any, listed in this Agreement;
e) Amendments or Other Contract Documents, if any; and
f) Amendments/Modifications to this Agreement issued after execution thereof.
1.16 As a condition of receiving payment, Contractor must (i) be in compliance with the
Agreement, (ii) pay its employees prevailing wages when required by law (Examples of
prevailing wage categories include public works, printing, janitorial, window washing, building
and grounds services, site technician services, natural resource services, security guard and food
services). Contractor is responsible for contacting the Illinois Dept. of Labor 217-782-6206;
http://www.illinois.gov/idol/Laws-Rules/CONMED/Pages/Rates.aspx to ensure compliance with
prevailing wage requirements), (iii) pay its suppliers and sub -contractors according to the terms
of their respective contracts, and (iv) provide lien waivers to the City upon request.
2 Standard Certifications
Contractor acknowledges and agrees that compliance with this section and each subsection for
the term of the Agreement is a material requirement and condition of this Agreement. By
executing this Agreement, Contractor certifies compliance with this section and each subsection
and is under a continuing obligation to remain in compliance and report any non-compliance.
This section, and each subsection, applies to sub-contractors used on this Agreement. Contractor
shall include these Standard Certifications in any sub-contract used in the performance of the
Agreement.
If this Agreement extends over multiple fiscal years, Contractor and its sub-contractors shall
confirm compliance with this section in the manner and format determined by the City by the
date specified by the City and in no event later than January 1 of each year that this Agreement
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remains in effect.
If the City determines that any certification in this section is not applicable to this Agreement, it
may be stricken, subject to sole approval by the City, without affecting the remaining
subsections.
2.1 As part of each certification, Contractor acknowledges and agrees that should Contractor
or its sub-contractors provide false information, or fail to be or remain in compliance with the
Standard Certification requirements, one or more of the following sanctions will apply:
● the Agreement may be void by operation of law,
● the City may void the Agreement, and
● Contractor and its sub-contractors may be subject to one or more of the following:
suspension, debarment, denial of payment, civil fine, or criminal penalty.
2.2 By signing this Agreement, the Contractor certifies that it has not been barred from being
awarded a contract with a unit of State or local Government as a result of bid rigging or bid
rotating or similar offense, nor has it made any admission of guilt of such conduct that is a matter
of public record. (720 ILCS 5/33 E-3, E-4).
2.3 In the event of the Contractor’s noncompliance with any provision of Section 1-12-5 of
the Evanston City Code, the Illinois Human Rights Act or any othe r 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.
2.4 During the term of this Agreement, the Contractor agrees as follows:
a) That it will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry,
or age or physical or mental disabilities that do not impair ability to work, and further that it will
examine all job classifications to determine if minority persons or women are underutilized and
will take appropriate affirmative action to rectify any 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.
2.5 The Contractor certifies pursuant to the Illinois Human Rights Act (775 ILCS 5/2105
et. seq.), that it has a written sexual harassment policy that includes, at a minimum, the following
information:
a) The illegality of sexual harassment;
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b) The definition of sexual harassment under State law;
c) A description of sexual harassment utilizing examples;
d) The Contractor’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.
2.6 In accordance with the Steel Products Procurement Act (30 ILCS 565), Contractor
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.
2.7 Contractor 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.
2.8 If Contractor, or any officer, director, partner, or other managerial agent of Contractor,
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, Contractor certifies at least five years have
passed since the date of the conviction.
2.9 Contractor certifies that if more favorable terms are granted by Contractor to any similar
governmental entity in any state in a contemporaneous agreement let under the same or similar
financial terms and circumstances for comparable supplies or services, the more favorable terms
will be applicable under this Agreement.
2.10 Contractor certifies that it is not delinquent in the payment of any fees, fines, damages, or
debts to the City of Evanston.
2.11 The Contractor certifies that all Design Professionals performing the Work under this
Agreement will ensure that the Project shall be designed in conformance with the Americans
with Disabilities Act of 1990, 42 U.S.C. Section 12101, et seq., and all regulations promulgated
thereunder. Design Professional means any individual, sole proprietorship, firm, partnership,
joint venture, corporation, professional corporation, or other entity that offers services under the
Illinois Architecture Practice Act of 1989 (225 ILCS 305/), the Professional Engineering Practice
Act of 1989 (225 ILCS 325/), the Structural Engineering Licensing Act of 1989 (225 ILCS
340/), or the Illinois Professional Land Surveyor Act of 1989 (225 ILCS 330/).
2.12 The Contractor shall comply with all federal, state and local laws, statutes, ordinances,
rules, regulations, orders or other legal requirements now in force or which may be in force
during the term of this Agreement. The Contractor shall comply with the Illinois Human Rights
Act, 775 ILCS 5/1-101 et. seq, Title VII of the Civil Rights Act of 1964, and the Illinois
Prevailing Wage Act, 820 ILCS 130/0.01 et. seq.
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3 Additional Services/Change Orders
3.1 If the representative of the City responsible for the Project verbally requests the
Contractor to perform additional services, the Contractor shall confirm in writing that the
services have been requested and that such services are additional services. Failure of the City to
respond to the Contractor’s confirmation of said services within thirty (30) calendar days of
receipt of the notice shall be deemed a rejection of, and refusal to pay for the additional services.
Contractor shall not perform any additional services until City has confirmed approval of said
additional services in writing. If authorized in writing by the City, the Contractor shall furnish, or
obtain from others, additional services of the following types, which shall be paid for by the City
as set forth in Section 9 of this Agreement:
a) Additional Services due to significant changes in scope of the Project or its design,
including, but not limited to, changes in size, complexity or character of construction, or time
delays for completion of work when such delays are beyond the control of the Contractor;
b) Revisions of previously approved studies, reports, design documents, drawings or
specifications;
c) Preparation of detailed renderings, exhibits or scale models for the Project;
d) Investigations involving detailed consideration of operations, maintenance and overhead
expenses for the preparation of rate schedules, earnings and expense statements, feasibility
studies, appraisals and valuations, detailed quantity surveys of material and labor, and material
audits or inventories required for certification of force account construction performed by the
City;
e) Services not otherwise provided for in this Agreement.
3.2 The City may, upon written notice, and without invalidating this Agreement, require
changes resulting in the revision or abandonment of work already performed by the Contractor,
or require other elements of the work not originally contemplated and for which full
compensation is not provided in any portion of this Agreement. Any additional services,
abandonment of services which were authorized by the City, or changes i n services directed by
the City which result in the revision of the scope of services provided for in Exhibits A, B, C,
and D that cause the total Compensation due Contractor under this Agreement to exceed $25,000
or more, or increase or decrease the contract duration by more than 30 days are subject to
approval by the Evanston City Council. These actions must be addressed either in a written
Change Order or in a written amendment to this Agreement approved by both parties.
3.3 Contractor acknowledges and agrees that the Public Works Construction Change Order
Act, 50 ILCS 525/1 et seq. shall apply to all Change Orders for the Project. It is expressly
understood and agreed to by Contractor that it shall not be entitled to any damages or
Compensation from the City on account of delay or suspension of all or any part of the Work.
Contractor acknowledges that delays are inherent in construction projects and Contractor
assessed that risk and fully included that risk assessment within its contract sum specified in its
Response to the City RFP/RFQ/Bid for this Project. The City shall not compensate Contractor
for work that is more difficult than the contract sum specified in its Response would reflect.
Delays to minor portions of the Work will not be eligible for extensions of time.
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Delays to the Project caused by labor disputes or strikes involving trades not directly related to
the Project, or involving trades not affecting the Project as a whole will not be eligible for an
extension of time.
The City will not grant an extension of time for a delay by the Contractor’s inability to obtain
materials unless the Contractor first furnishes to the City documentary proof. The proof must be
provided in a timely manner in accordance with the sequence of the Contractor’s operations and
accepted construction schedule.
In addition to any other changes requested by City (as described in Sections 3.1 and 3.2), the
Company shall be entitled to request (and the City may grant) Change Orders with respect to:
(a) The City-caused delays;
(b) Change in Law;
(c) Force Majeure Events.
The foregoing events shall entitle the Contractor to a change in the Compensation for this
Project, if the Contractor demonstrates that it will unavoidably incur reasonable costs as a result
thereof and the Contractor provides reasonable and detailed documentary support with respect to
any such price impact.
The parties agree to reasonably confer regarding any such disputes with respect to the issuance
of a Change Order.
Any payment for compensable delay will only be based upon actual costs excluding, without
limitation, what damages, if any, the Contractor may have reasonably avoided. The Contractor
understands that this is the sole basis for recovering delay damages and explicitly waives any
right to calculate daily damages for office overhead, profit, or other purported loss.
All Contractor Change Orders authorized under this Section 3 shall be made in writing. In
remitting a Change Order, the Contractor must first show in writing that:
(a) The work was outside the scope of this Agreement,
(b) The extra work was not made necessary due to any fault of Contractor;
(c) The circumstances said to necessitate the change in performance were not reasonably
foreseeable at the time the Agreement was signed;
(d) The change is germane to the original Agreement; and
(e) The Change Order is in the best interest of the City and authorized by law.
Any person who fails to first obtain the City’s written authorization for a Change Order commits
a Class 4 felony. The written determination and the written Change Order resulting from that
determination shall be preserved in the contract's file which shall be open to the public for
inspection.
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The City reserves all rights and causes of action, at law or equity, to seek redress against
entities or persons who violate the requirements of this Section 3. By initialing below,
Contractor hereby acknowledges that it is bound by this Section 3.
Contractor’s Initials: ___________
3.4 The Contractor is required to include the City of Evanston as a reference whenever and
wherever the Contractor provides references for similar projects for a period of one (1) year from
the date of Final Acceptance by the City of the Work for this Project.
4 Bonds
4.1 Before the Scheduled Construction Commencement Date, the Contractor is required to
furnish unconditional performance and payment bonds in the amount of 100% of the
Compensation as security for the faithful performance and completion of all the Contractor’s
obligations under the Contract Documents and covering the payment of all materials used in the
performance of this Agreement and for all labor and services performed under this Agreement.
All Bonds shall be issued on a form acceptable to the City. The bonds must be for the entire
term of the Agreement. Failure to provide these bonds shall constitute a breach of Contractor’s
obligations under this Agreement. Each surety providing the Bonds must have a Best’s rating not
less than A/X and be licensed in Illinois and shall be named in the current list of “Companies
Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies” as published in Circular 570 as published in the Federal Register and
available on the website of the U.S. Department of the Treasury, Financial Management Service,
at www.fms.treas.gov/c570/c570.html. All Bonds signed by an agent must be accompanied by a
certified copy of his or her authority to act. It shall be the duty of the Contractor to advise the
surety or sureties of any Change Orders that result in an increase to the Compensation and to
ensure that the amounts of the Bonds are updated to reflect and cover any such increases
throughout the course of the Project. The cost of such Bonds shall be included within the
Compensation.
4.2 If the surety behind any Bond furnished by the Contractor is declared bankrupt or
becomes insolvent or its right to do business is terminated in the State or it ceases to meet any of
the requirements of this Contract, the Contractor shall, within [5] five days thereafter, substitute
another Bond of equivalent value and surety, both of which must be acceptable to the City. In
addition, no further progress payments under the Agreement will be made by the City until the
Contractor complies with the provisions of this Agreement. The Contractor shall furnish to the
City proof of any required bonds and proof of required insurance as one of the conditions
precedent to payment under the Agreement. Upon the request of any person or entity appearing
to be a potential beneficiary of bonds covering payment or performance of obligations arising
under the Contract, the Contractor shall promptly furnish a copy of the bonds or authorize a copy
to be furnished. All surety Bonds provided for in this Section shall incorporate by reference this
Agreement, and any language that may be in any such surety Bond which conflicts with the
provisions of this Agreement that define the scope of the surety(‘s) duty(ies) shall be of no force
and effect.
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5 Liquidated Damages in the Event Contractor Fails to Complete the Work
5.1 The parties agree that failure of Contractor to timely complete the Work required by this
Agreement constitutes a default. The parties agree that this default will result in damage and
injury to City. The parties further agree, however, that actual damages incurred by City as result
of such default is difficult if not impossible to ascertain with any degree of certainty or accuracy.
Accordingly, the parties have negotiated and have agreed that for each calendar day after written
notice is delivered to Contractor and Contractor fails to cure such default, that Contractor will
pay City, as and for liquidated damages, and not as a penalty, the sum of Insert Word - Dollar
Amount (i.e. Seven Hundred and Fifty Dollars) per day . Contractor shall reimburse the City
for all costs, expenses and fees (including, without limitation, attorneys’ fees), if any, paid by the
City in connection with such written demand by City. Contractor stipulates and agrees that the
sums payable by Contractor under this Section are reasonable under the circumstances existing
as of the execution of this Agreement. This Section 5.1 is not intended to limit any direct
damages that may be recoverable by City related to the Contractor's failure to complete the Work
in accordance with this Agreement. There shall be no early completion bonus if the Work is
completed before the substantial completion date. The City, at its option, may withhold
liquidated damages from progress payments payable to Contractor before the substantial
completion date.
6 The City’s Responsibilities
6.1 The City may evaluate the Contractor’s and any sub-contractor’s performance (interim
and final). Timeliness in meeting the Project schedule and the overall relationship with the
Contractor are factors that will be considered in the Contractor’s performance rating. An
unfavorable performance rating may be a factor when future assignments are being considered.
6.2 The City makes no representation or warranty of any nature whatsoever as to the
accuracy of information or documentation provided by the City to the Contractor which were
generated or provided by third parties.
7 Period of Service
7.1 The Contractor shall commence work on the Project after supplying the City with the
Contractor’s performance and payment bonds and all required insurance documents before
starting its Work on this Project. The City shall determine when the Contractor has completed
the Work required pursuant to this Agreement, and shall determine the date of Final Acceptance.
Contractor recognizes time is of the essence regarding its performance on this Project.
Contractor shall continue to perform its obligations while any dispute concerning the Agreement
is being resolved, unless otherwise directed by the City.
7.2 Each phase of the project shall be completed in accordance with the activities outlined in
the City’s Bid _24-16__, Exhibit A. Project phases include:
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7.2.1 Phase X: [Phase name here.]
7.2.2 Phase X: [Phase name here.]
7.2.3 Phase X: [Phase name here.]
8 Payment for Services and Reimbursements
8.1 Within the first five (5) business days of each month, the Contractor shall invoice the
City for Work completed during the previous month. The Contractor shall provide a detailed
invoice that relates invoiced items to the Contractor’s response to Bid _24-16__ in both quantity
and unit cost. Any discrepancies in the monthly invoice shall be promptly brought to the
attention of the Contractor by the City Project Manager and efforts shall be made to promptly
resolve said discrepancies between the City and Contractor. In the event the City and Contractor
cannot resolve invoice discrepancies, items in dispute will be removed from the invoice and the
City shall approve the remainder of the invoice. Payment will be made as soon as possible
following the City Council meeting in which the item appeared on the bills list, and in
accordance with all applicable laws and rules of the City of Evanston and the State of Illinois.
8.2 In the event of termination by the City of this Agreement pursuant to paragraph 9.1 after
completion of any phase of the basic services, fees due the Contractor for services rendered
through such phase shall constitute final payment for such services, and no further fees shall be
due to the Contractor. In the event of such termination by the City during any phase of the basic
services, the Contractor shall be paid for services rendered on the basis of the proportion of work
completed on the phase to date of termination.
8.3 The City shall have the right to withhold payment to the Contractor due to the quality of a
portion or all of the work performed hereunder which is not in accordance with the requirements
of this Agreement, or which is unsatisfactory, or is due to the Contractor’s failure or refusal to
perform any of its obligations hereunder. Compensation in excess of the total contract amount
specified in this Agreement will not be allowed unless justified in the City’s sole judgment and
authorized in advance as provided for in Section 3 of this Agreement. Compensation for
improper performance by the Contractor is disallowed.
8.4 Upon completion of the Work performed by the Contractor, prior to the submission of a
request for final payment, the City and Contractor shall perform a final acceptance test and
review of the Work performed and/or equipment installed pursuant to the Agreement. A punch
list of items outstanding will be jointly developed by the City and Contractor. In addition, the
Contractor shall submit drawings of record for the Project for the City to approve. The
Contractor shall promptly resolve all punch list items to the satisfaction of the City, and shall
transmit to the City in writing confirmation that all punch list items have been resolved. The City
will review, and the Contractor shall modify, as necessary, any drawings of record to the
satisfaction of the City. Punch list items and drawings of record must be approved by the City
prior to the Contractor submitting its final invoice for payment.
8.5 The Contractor shall submit an Affidavit and a final waiver of its lien, and all final
waivers of liens of any sub-contractors, suppliers, and sub-sub-contractors, if applicable, with its
final invoice, stating that all obligations incurred in performance of the professional services
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have been paid in full. The Affidavit will also include a statement stating that the professional
services were performed in compliance with the terms of the Agreement. The Affidavit and all
final lien waivers shall be on a form acceptable to the City.
8.6 All Project invoices shall be sent to:
City of Evanston [Applicable department]
2100 Ridge Avenue
Evanston, Illinois 60201
with a copy to:
City of Evanston [Anyone else as applicable]
2100 Ridge Avenue
Evanston, Illinois 60201
9 Notice and Cure/Termination
9.1 In furtherance of Contractor’s Work on this Project, the City and the Contractor agree
that the following Notice and Cure provision in this Section 9.1 shall apply during the duration
of Contractor’s work on this Project, in addition to the reserved rights of the City enumerated in
this Agreement as follows:
5.1 Liquidated Damages;
8.3 City’s right to withhold payment;
16.2 Contractor’s duty to revise and correct errors; and
16.3 Contractor’s duty to respond to City’s notice of errors and omissions.
The City may notify Contractor of its intent to terminate this Agreement within (7) seven
calendar days of issuance by the City of written notice to Contractor’s Project Manager regarding
defects in the Project or in Contractor’s Work. The City shall specify any such nonconforming
Work or defects in the Project in its notice to Contractor under this Section 9.1. Contractor will
have the opportunity to cure the non-conforming Work within (7) seven calendar days after
receipt of the written notice issued by the City. All such curative work done shall be performed
and completed to the City’s satisfaction. Nothing in this Section 9.1 shall otherwise affect the
City’s right to exercise its rights in Section 9.2.
9.2 The City shall have the right to terminate this Agreement upon fifteen (15) days written
notice for any reason. Mailing of such notice shall be equivalent to personal notice and shall be
deemed to have been given at the time of receipt.
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.
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9.3 Within thirty (30) days of termination of this Agreement, the Contractor 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, ArcView, PDF,
Word, Excel spreadsheets, technical specifications and calculations, and any other such items
specifically identified by the City related to the Work herein. Upon receipt of said items, the
Contractor shall be paid for labor and expenses incurred to the date of termination as provided in
Section 8.2. This Agreement is subject to termination by either party if either party is restrained
by a state or federal court of competent jurisdiction from performing the provisions of this
Agreement. Upon such termination, the liabilities of the parties to this Agreement shall cease,
but they shall not be relieved of the duty to perform their obligations through the date of
termination. No lien shall be filed by the Contractor in the event of a termination of this
Agreement by the City.
9.4 If, because of death or any other occurrence, including, but not limited to, Contractor
becoming insolvent, it becomes impossible for any principal or principals of the Contractor to
render the services set forth in this Agreement, neither the Contractor, nor its surviving principals
shall be relieved of their obligations to complete the professional services. However, in the event
of such an occurrence, the City at its own option may terminate this Agreement if it is not
furnished evidence that competent professional services can still be furnished as scheduled.
9.5 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 to terminate this Agreement without prior written notice.
10 Insurance
10.1 The Contractor shall, at its own expense, secure and maintain in effect throughout the
duration of this contract, insurance against claims for injuries to persons or damages to property
which may arise from or in connection with the performance of the Work hereunder by the
Contractor, its agents, representatives, employees or sub-contractors. Contractor acknowledges
and agrees that if it fails to comply with all requirements of this Section 10, the City may void
the Agreement.
The Contractor must give to the City Certificates of Insurance identifying the City to be an
Additional Insured for all Work done pursuant to this Agreement before City staff recommends
award of the contract to City Council. Any limitations or modifications on the Certificate(s) of
Insurance issued to the City in compliance with this Section that conflict with the provisions of
this Section 10 shall have no force and effect.
After award of the Contract to Contractor (contracts over $500,000 in value or if the project is
deemed high risk) the Contractor shall give the City a certified copy (ies) of the insurance policy
(ies) evidencing the amounts set forth in Section 10.2, and copies of the Additional Insured
endorsement to such policy (ies) which name the City as an Additional Insured for all Work done
pursuant to this Agreement before Contractor does any Work pursuant to this Agreement.
Contractor’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 the City. Contractor shall promptly forward new certificate(s) of
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insurance evidencing the coverage(s) required herein upon annual renewal of the subject
policies.
The policies and the Additional Insured endorsement must be delivered to the City within two
(2) weeks of the request. All insurance policies shall be written with insurance companies
licensed or authorized to do business in the State of Illinois and having a rating of not less than
A-VII according to the A.M. Best Company. Should any of the insurance policies be canceled
before the expiration date, the issuing company will mail thirty (30) days written notice to the
City. The Contractor shall require and verify that all sub-contractors maintain insurance meeting
all of the requirements stated herein.
Any deductibles or self-insured retentions must be declared to and approved by the City. At the
option of the City, either the insurer shall reduce or eliminate such deductibles or self -insured
retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor
shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
10.2 Contractor 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 Contractor, and insuring Contractor against claims which may arise out of or
result from Contractor’s performance or failure to perform the Services hereunder:
a) Worker’s compensation in statutory limits and employer’s liability insurance in the
amount of at least five hundred thousand dollars ($500,000);
b) Comprehensive general liability coverage which designates the City as an additional
insured for not less than three million dollars ($3,000,000) combined single limit for bodily
injury, death and property damage, per occurrence;
c) Comprehensive automobile liability insurance covering owned, non-owned, and leased
vehicles for not less than one million dollars ($1,000,000) combined single limit for bodily
injury, death, or property damage, per occurrence; and
Contractor understands that the acceptance of Certificates of Insurance, policies, and any other
documents by the City in no way releases the Contractor and its sub -contractors from the
requirements set forth herein.
Contractor expressly agrees to waive its rights, benefits and entitlements under the “Other
Insurance” clause of its commercial general liability insurance policy as respects the
City. Contractor expressly agrees that its insurance coverage is required to be primary by this
Agreement, that its insurance coverage shall be on a primary and non-contributory basis, and that
it and its insurance carrier are estopped from denying such coverage is primary. In the event
Contractor fails to purchase or procure insurance as required above, the parties expressly agree
that Contractor 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 Contractor.
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11 Indemnification
11.1 The Contractor 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
Contractor or Contractor’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.
11.2 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 Contractor 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, Contractor 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 Contractor of
any of its obligations under this Agreement. Any settlement of any claim or suit related to this
Project by Contractor 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, Contractor 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 Contractor 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.
11.3 The Contractor 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-contractors’ work. Acceptance of the work
by the City will not relieve the Contractor 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.
11.4 All provisions of this Section 11 shall survive completion, expiration, or termination of
this Agreement.
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12 Drawings and Documents
12.1 Any drawings, survey data, reports, studies, specifications, estimates, maps, plans,
computations, and other documents required to be prepared by the Contractor for the Project
shall be considered Works for Hire and the sole property of the City.
12.2 The Contractor and its sub-contractor shall maintain for a minimum of three (3) years
after the completion of this Agreement, or for three (3) years after the termination of this
Agreement, whichever comes later, adequate books, records and supporting documents to verify
the amounts, recipients and uses of all disbursements of funds passing in conjunction with the
Agreement. The Agreement and all books, records and supporting documents related to the
Agreement shall be available for review and audit by the City and the federal funding entity, if
applicable, and the Contractor agrees to cooperate fully with any audit conducted by the City and
to provide full access to all materials. Failure to maintain the books, records and supporting
documents required by this Subsection shall establish a presumption in favor of the City for
recovery of any funds paid by the City under the Agreement for which adequate books, records,
and supporting documentation are not available to support their purported disbursement.
13 Successors and Assigns
13.1 The City and the Contractor each bind themselves and their partners, successors,
executors, administrators, and assigns to the other party of the Agreement and to the partners,
successors, executors, administrators, and assigns of such other party in respect to all covenants
of this Agreement. Neither the City nor the Contractor shall assign, sublet, or transfer its interest
in this Agreement without the written consent of the other. Nothing herein shall be construed as
creating any personal liability on the part of any officer or agent of any public body, which may
be a party hereto, nor shall it be construed as giving any right or benefits hereunder to anyone
other than the City and the Contractor.
14 Force Majeure
14.1 Whenever a period of time is provided for in this Agreement for the Contractor or the
City to do or perform any act or obligation, neither party shall be liable for any delays or
inability to perform if such delay is due to a cause beyond its control and without its fault or
negligence including, without limitation:
a) Acts of nature;
b) Acts or failure to act on the part of any governmental authority other than the City or
Contractor, including, but not limited to, enactment of laws, rules, regulations, codes or
ordinances subsequent to the date of this Agreement;
c) Acts or war;
d) Acts of civil or military authority;
e) Embargoes;
f) Work stoppages, strikes, lockouts, or labor disputes;
g) Public disorders, civil violence, or disobedience;
h) Riots, blockades, sabotage, insurrection, or rebellion;
i) Epidemics or pandemics;
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j) Terrorist acts;
k) Fires or explosions;
l) Nuclear accidents;
m) Earthquakes, floods, hurricanes, tornadoes, or other similar calamities;
n) Major environmental disturbances; or
o) Vandalism.
If a delay is caused by any of the force majeure circumstances set forth above, the time period
shall be extended for only the actual amount of time said party is so delayed. Further, either party
claiming a delay due to an event of force majeure shall give the other party written notice of such
event within three (3) business days of its occurrence or it shall be deemed to be waived.
15 Amendments and Modifications
15.1 Except as otherwise provided herein, the nature and scope of Work specified in this
Agreement may only be modified by a written Change Ord er, or a written amendment to this
Agreement, approved by both parties. This Agreement may be modified or amended from time
to time provided, however, that no such amendment or modifications shall be effective unless
reduced to writing and duly authorized and signed by the authorized representatives of the
parties.
16 Standard of Care & Warranty
16.1 The Contractor shall perform all of the provisions of this Agreement to the satisfaction of
the City. The City shall base its determination of the Contractor’s fulfillment of the scope of the
work in accordance with generally accepted professional standards applicable to the Work for
this Project. The Contractor shall perform all of the provisions of this Agreement with that
degree of care and skill ordinarily exercised by members of the same profession currently
practicing under similar conditions.
16.2 The Contractor shall be responsible for the accuracy of its professional services under
this Agreement and shall promptly make revisions or corrections resulting from its errors,
omissions, or negligent acts without additional compensation. The City’s acceptance of any of
the Contractor’s professional services shall not relieve the Contractor of its responsibility to
subsequently correct any such errors or omissions. If a Contractor has provided the City with
specifications for this Project which are determined to be incorrect or which require revision
during the solicitation process (including but not limited to Requests for Proposals, Requests for
Qualifications, or bids), the Contractor shall make such corrections or revisions to the
specifications at no cost to the City. Further, upon receipt of an invoice from the City, the
Contractor shall promptly reimburse the City for the reasonable costs associated with the
preparation and dissemination of said corrections or revisions to appropriate parties, including
but not limited to preparation of the corrected or revised documents, and printing and distribution
costs.
16.3 During the pendency of its Work on this Project, the Contractor shall respond to the
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City’s notice of any errors or omissions within twenty-four (24) hours. The Contractor shall be
required to promptly visit the Project site(s) if directed to by the City.
16.4 The Contractor shall comply with all federal, state, and local statutes, regulations, rules,
ordinances, judicial decisions, and administrative rulings applicable to its performance under this
Agreement.
16.5 Contractor guarantees and warrants to the City that:
a) All materials and equipment furnished under this Agreement shall be of good quality and
new, unless otherwise required or permitted by the Contract Documents;
b) The Work of this Agreement shall be free from defects which are not inherent in the
quality required; and
c) The Work shall comply with the requirements set forth in the Contract Documents.
This warranty and guarantee shall be for a period of one (1) year from the date of completion and
Final Acceptance of the Work by the City, or as otherwise provided in the Contract Documents.
If, within the one year warranty period, after the Contractor has received a final payment under
this Agreement, any of the Work is found to be not be in accordance with the requirements of
this Agreement, or where defects in materials or workmanship may appear, or be in need of
repair, the Contractor shall correct non-conforming and/or defective work or materials promptly
after receipt of written notice from the City. Contractor shall immediately at its own expense
repair, replace, restore, or rebuild any such Work. This remedy is in addition to any other legal or
equitable remedies the City may have under this Agreement or the law.
This guarantee and warranty shall not relieve Contractor of liability for latent defects, and shall
be in addition to the City’s rights under the law or other guarantees or warranties, express or
implied.
16.6 The provisions of this Section 16 shall survive the completion, expiration or termination
of this Agreement.
17 Savings Clause
17.1 If any provision of this Agreement, or the application of such provision, shall be rendered
or declared invalid by a court of competent jurisdiction, or by reason of its requiring any steps,
actions, or results, the remaining parts or portions of this Agreement shall remain in full force
and effect.
18 Non-Waiver of Rights
18.1 No failure or delay by the City to exercise any power given to it hereunder or to insist
upon strict compliance by Contractor with its obligations hereunder, nor any payment made by
the City under this Agreement, shall constitute a waiver of the City’s right to demand strict
compliance with the terms hereof, unless such waiver is in writing and signed by the City.
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19 Entire Agreement
19.1 This Agreement 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.
20 Governing Law
20.1 This Agreement shall be construed in accordance with and subject to the laws and rules
of the City of Evanston and the State of Illinois both as to interpretation and performance. Venue
for any action arising out of or due to this Agreement shall be in Cook County, Illinois. The City
shall not enter into binding arbitration to resolve any dispute related to this Agreement. The City
does not waive tort immunity by entering into this Agreement.
21 Ownership of Contract Documents
21.1 Contractor is specifically prohibited from using in any form or medium, the name or logo
of the City for public advertisement, unless expressly granted written permission by the City.
Submission or distribution of documents to meet official regulatory requirements or for similar
purposes in connection with this Project is not to be construed as publication in derogation of the
City’s reserved rights.
22 Notice
22.1 Any notice required to be given by this Agreement shall be deemed sufficient if made in
writing and sent by certified mail, return receipt requested, or by personal service, to the persons
and addresses indicated below or to such other addresses as either party hereto shall notify the
other party of in writing pursuant to the provisions of this Subsection:
City of Evanston Project Manager, Bid _24-16_
2100 Ridge Avenue
Evanston, Illinois 60201
if to the Contractor:
_______________________________
_______________________________
_______________________________
22.2 Mailing of such notice as and when provided above shall be equivalent to personal notice
and shall be deemed to have been given at the time of mailing.
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EXHIBIT N
23 Severability
23.1 Except as otherwise provided herein, the invalidity or unenforceability of any particular
provision, or part thereof, of this Agreement shall not affect the other provisions, and this
Agreement shall continue in all respects as if such invalid or unenforce able provision had not
been contained herein.
24 Execution of Agreement
24.1 This Agreement shall be signed last by the City Manager.
25 Counterparts
25.1 For convenience, this Agreement may be executed in any number of counterparts, each of
which shall be deemed to be an original.
26 Authorizations
26.1 The Contractor’s authorized representatives who have executed this Agreement warrant
that they have been lawfully authorized by the Contractor’s board of directors or its bylaws to
execute this Agreement on its behalf. The City Manager affirms that he/she has been lawfully
authorized to execute this Agreement. The Contractor and the City shall deliver upon request to
each other copies of all articles of incorporation, bylaws, resolutions, ordinances, or other
documents which evidence their legal authority to execute this Agreement on behalf of their
respective parties.
27 Time of Essence
27.1 Time is of the essence with respect to each provision hereof in which time is a factor.
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EXHIBIT N
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their
duly authorized representatives. The effective date of this Agreement will be the date this
Agreement is signed by the City Manager.
CONTRACTOR
By: _______________________________
Name: _______________________________
Its: _______________________________
Date: _____________
CITY OF EVANSTON
By: __________________________________
Luke Stowe
Its: City Manager Date: ______________
Approved as to form:
By: __________________________________
Alexandra B. Ruggie
Its: Interim Corporation Counsel
Revision: April 2021
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EXHIBIT O
EXHIBIT O
BID BOND SUBMITTAL LABEL
CUT AND ATTACH LABEL ON OUTSIDE OF SEALED BID BOND SUBMITTAL
-----------------------------------------------------------------------------------------------------------------
BID SUBMITTAL NUMBER: __________________________________________
BID SUBMITTAL NAME: __________________________________________
__________________________________________
BID SUBMITTAL DUE DATE/TIME: _______________________________________
COMPANY NAME: ____________________________________________________
COMPANY ADDRESS: _________________________________________________
COMPANY TELEPHONE #: _____________________________________________
-----------------------------------------------------------------------------------------------------------------
If required by the bid documents, a scanned copy of the bid bond must be included with
the bid electronic submission. The City is currently not able to accept a certified check,
bank cashier’s check or electronic bid bond at this time.
The original bid bond (in the amount of 5% of the original bid amount) must be mailed
within ten (10) days after the bid due date , to the City of Evanston Purchasing
Department, 2100 Ridge Avenue - Room 4200 Evanston, Illinois 60201 Attention
Purchasing Manager using the USPS (certified or priority), UPS or FedEx mail options
in order to have a tracking number; which sum shall be forfeited in case the successfu l
bidder fails to enter into a binding contract and provide a properly executed contract and
surety bond within 15 days after the date the contract is awarded by the City.
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CONTRACT SPECIFICATIONS
2024 CITY OF EVANSTON
30 Inch Backwash Valve Replacement
BID 24-16
Contract Specifications
1. Scope of Work:
The work to be performed under this contract shall consist of furnishing all labor,
machinery, tools, materials, and equipment necessary to replace the existing 30 inch
backwash valves with new valves supplied by the City of Evanston within the specified
time frame and in a professional manner. The City of Evanston will in no way be
responsible for any extra equipment rental, or charges for such equipment rented by
contractor, that might be required to complete this contract. The City will supply the 30
inch actuating valves only. All other materials required for the installation including nuts,
bolts, gaskets, and spool pipe etc. shall be supplied by the contractor. Connections to
hydraulic lines and PLC’s for the actuators shall be completed by the City. Valves will be
installed on Filters 13, 14, and 18. Filters 13 and 14 are currently out of service and
work must be completed on these prior to work commencing on Filter 18. Work on Filter
18 will require 1 week's notice to the Owner.
2. Contractor Responsibility:
2.2.1. The existing water treatment plant is an operating facility. Portions of this facility
must remain fully functional throughout the entire construction period. As a result,
Contractor shall sequence the work to minimize disruption to the existing operation of
the facilities including but not limited to keeping plant drives accessible for use by
personnel, for fire access, and for chemical deliveries. Valves will be installed on Filters
13, 14, and 18. Filters 13 and 14 are currently out of service and must be completed
first prior to work commencing on Filter 18. Work on Filter 18 will require 1 week's notice
to the Owner.
2.2.2. All outages must be of minimal duration and fully coordinated and agreed to in
writing by the Owner prior to the outages. The Contractor shall submit planned outage
dates to the Owner in writing at least 2 weeks ahead of time. Construction schedule
may be adjusted to meet the requirements of the Owner. As weather and water demand
conditions dictate, the construction schedule may be re-adjusted to meet the demands
placed upon Owner by its users. All changes in schedule and any needs to reschedule
are included in the Work.
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CONTRACT SPECIFICATIONS
2.2.3. Contractor shall perform all field investigations necessary to verify existing
conditions and materials, procure and install desiccant dehumidification system, and all
connections for a functional and secure installation.
2.2.4. This Project involves the installation of replacement components in existing
facilities, and interfaces to existing circuits, power systems, controls, and equipment.
The Contractor shall perform and document comprehensive and detailed field
investigations of existing conditions (circuits, power systems, controls, equipment, etc.)
before starting any Work. The Contractor shall determine all information necessary to
document, interface with, or replace as necessary any existing circuits, power systems,
controls, and equipment. System descriptions and schematics resulting from these
investigations shall be submitted to the Owner.
3. Equipment:
The Contractor shall be solely responsible for the provision of any and all equipment,
materials and personnel necessary to support the work included in this contract and to
provide safety equipment as needed. The cost for all Contractor provided equipment
shall be considered incidental to performing the required work.
4. Experience Requirements:
Contractor shall have at least five years’ experience performing equipment installation.
Contractor shall have completed at least three similar installations. Provide references
for each location, including contact name and phone number.
5. Submittals
5.2.1. Construction Schedule with Milestones:
Within 15 days after the Notice to Proceed contractor shall submit a Construction
schedule listing milestones including initial inspection to field verify lengths, shop
drawing submittals, procurement of all other materials, installation, testing, startup,
substantial completion, and final completion.
5.2.2. Schedule of Values:
Within 30 days after the Notice to Proceed, the Contractor shall submit a schedule of
values breaking down each major work component included in the Lump Sum Amount.
No single item shall be greater than 7% of the total lump sum amount except for
material costs that cannot be divided (such as the cost of the cable). All payment
applications shall be based on progress of items listed in the approved Schedule of
Values.
5.2.3. Shop Drawings:
Within 15 days after the Notice to Proceed, the Contractor shall submit construction
shop drawings all hardware and pipe. Submittals shall include the following information:
a. Product data
b. Materials of Construction
c. Layout schematic
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CONTRACT SPECIFICATIONS
5.2.4. Additional Submittals:
a. List of Contractor Staff
b. Field testing procedures
c. Manuals and Warranties
5.2.5. Shop Drawing Approval:
5.2.5.1. The Owner shall review the shop drawings and return comments within 10days.
5.2.5.2 The Contractor shall resubmit shop drawings incorporating Owner comments
within 10 days. The Contractor shall continue to incorporate Owner comments and
resubmitting shop drawings until the Owner approves the final design.
5.2.6. Regulations:
5.2.6.1. The Contractor shall obtain all permits necessary for the work.
5.2.6.2. The Contractor shall be solely responsible for complying with all certification
requirements and all other appropriate regulations related to the completion of this type
of work.
5.2.6.3 The Contractor shall comply with the most stringent regulations of the various
governing bodies.
5.2.7. Technical Requirements:
Comply with the most stringent applicable provisions of the following Codes, laws,
and/or Authorities, including revisions and changes in affect. a. ASTM International
(ASTM) b. American Water Works Association (AWWA) c. NACE International (NACE)
d. National Electrical Code (NEC) e. National Electrical Manufacturers Association
(NEMA) f. National Fire Protection Association (NFPA) g. Underwriters’ Laboratories,
Inc. (UL)
5.2.8. Schedule:
Time is of the essence in this contract. Substantial completion shall be by November 30,
2024. Final Completion shall be by December 31, 2024.
5. ADDITIONAL REQUIREMENTS
5.1. Safety:
5.1.1. The Contractor shall be solely responsible for the protection of their workers
against accidents and harm. The Contractor shall be responsible for utilizing proper
safety equipment, and work procedures. All costs for safety shall be considered
incidental to performing the required work.
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CONTRACT SPECIFICATIONS
5.1.2. When the Contractor observes that Technical Specifications are in variance with
specified codes, notify the City in writing immediately. The City will issue all changes in
accord with the General Conditions.
5.1.3. When the Contractor performs any Work knowing or having reason to know that
the Work is contrary to such laws, rules and regulations and fails to so notify the City,
the Contractor shall pay all costs arising therefrom. However, it will not be the
Contractor’s primary responsibility to make certain that the Contract Documents are in
accord with such laws, rules and regulations.
5.2. Start-Up:
Once the replacement valves are properly installed and tested by the Contractor,
startup will be performed by the Owner. Contractor will provide startup support to
ensure systems are working properly.
5.3. Inspection and Written Reports:
5.3.1. Preliminary Inspection Prior to construction, the contractor will perform and
submit an inspection report to document existing conditions of the work area.
5.3.2. Installation Upon completion of the work, the Contractor shall prepare a written
report detailing the work. The cost of the written report shall be considered incidental to
performing the required work.
5.3.3. Final Inspection Following installation, provide additional written report
summarizing inspection results.
5.4. Restoration of Disturbed Areas:
5.4.1. Prior to final payment, contractor shall fully restore all property disturbed or
damaged during the course of this work. This includes, but is not limited to public
property, (walks, curbs, roadways, trees, etc.) private property, and utilities. This shall
also include removal of temporary facilities erected during the course of this contract
and restoration of these areas.
5.4.2. All restoration work shall be subject to the approval of the City and shall restore
the property to a condition at least equal to that existing prior to the start of this
contract.
5.4.3. All restoration work of property damaged by contractor shall be a ccomplished at
the sole expense of the contractor.
5.5. Applications for Payment:
Applications for payment shall include at a minimum the following:
i. Schedule of Values indicating the progress made for each item.
ii. Certified Payroll.
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CONTRACT SPECIFICATIONS
iii. Lien Waivers.
5.6. Warranty:
5.6.1. Provide a 1-year warranty against defective workmanship from the manufacturer
of the desiccant dehumidification system components to the Owner.
5.6.2. Under terms of warranty, the manufacturer shall repair or replace, without cost to
Owner.
5.6.3. Coordinate repairs or replacements under warranty with Owner’s personnel.
Accomplish repairs or replacements within 30 calendar days after notification by O wner
that the system is not performing as specified. If repairs within 30 calendar days will
interfere unacceptably with Owner’s operation, accomplish repairs at a mutually
acceptable later date. Delay shall not relieve desiccant dehumidification system su pplier
of their obligation to make repairs without cost to Owner.
5.7. Project Closeout:
Final payment will only be made after the project has been closed out. Close out
activities include:
i. Final project walk-through with the Contractor to develop punch list.
ii. Resolution of all punch list items.
iii. Inspection and acceptance of all punch list items by the City.
iv. Submittal of all manuals.
v. Submittal of all warranties.
vi. Submittal of all Certified Payroll. vii. Submittal of all final Waivers of Lien.
5.8. Site Security and Access:
The Evanston Water Utility is a secure facility. All manufacturers and Contractors must
comply with the following security requirements:
5.8.1. General:
a. Costs incurred by the Contractor due to non -compliance with the herein specified
security measures (e.g., deliveries or personnel held at the gate identification, refusal of
package deliveries, etc.) shall not constitute cause for additional Contract Time or
additional compensation on the part of the Contractor.
b. Information about the Evanston Water Utility provided to the Contractor is considered
proprietary and confidential. Contractor may share information with othe r entities or
make such information public ONLY with the express permission of the Owner.
5.8.2. Site Access:
a. Work hours are 7:00 am to 2:30 pm, Monday through Friday. Work will not be allowed
on weekends or holidays, including New Year’s Day, Martin Luther King Day, Passover,
Good Friday, Memorial Day, July 4th, Labor Day, Rosh Hashanah, Yom Kippur,
Election Day, Thanksgiving Day, Hanukkah, and Christmas.
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CONTRACT SPECIFICATIONS
b.Contractor may request permission to work outside normal hours for each instance by
submitting request 48 hours in advance.
c. Contractor staff shall stay in designated work areas. Any staff member found to be on
the property outside of normal work hours or in areas not relevant to the construction
contract may be permanently removed from the project at the discretion of the Owner.
d. Site access shall be through the main gate off of Lincoln Street. The gate clearance
is 13’-6” high.
e. The treatment plant perimeter gates are normally closed, and are opened only for
vehicle ingress/egress.
f. The Contractor shall assist the Owner in maintaining a secure site perimeter at all
times. If the work requires the building envelope to be compromised, the Contractor
shall be required to provide temporary barriers to provide appropriate security. The
Contractor shall not leave an unsecured opening in the site and/or building perimeter
unmonitored at any time.
5.8.3. Contractor Identification:
a. All of Contractor's employees, all tiers of subcontractor's staff, manufacturer's
representatives, technicians, delivery drivers, and all other people associated with the
Work that are to enter the Owner's property are required to possess and carry a valid
and current Driver's License, Identification Card (issued by the Department of Motor
Vehicles), or current driver's license from another State in the United States. This
identification must include a photograph and signature of the holder. Copies of
identification shall be provided to the Owner. Personnel without such identification will
be denied access.
b. Only approved staff will be allowed on the Evanston Water Utility property. Contractor
shall submit a list of staff for each week by Wednesday of the previous week at 5 pm.
The Owner reserves the right to deny access to any member of the Contractor staff.
c. The Owner reserves the right to request and receive such information as required to
complete a background check on any person that must enter the site as allowed by law
and without cost to the Owner.
5.8.4. Deliveries to the Water Plant Site:
a. United States Postal Service, Federal Express, UPS or similar mail and parcel
deliveries may be addressed to the Contractor or any subcontractor or supplier for drop -
off at the water treatment plant.
b. Deliveries of freight and bulk (larger packages, crates, equipment, or materials) are
permitted to enter the water treatment plant grounds at the delivery gate only when the
delivery vehicle is met at the gate by Contractor’s designee; the source and content of
the larger packages, crates, equipment, or materials are verified by the Contractor’s
designee; and the driver and others provide the shift operator with sign -in information.
All such deliveries require 24-hour advanced notice prior to arrival of the shipment.
Information shall include driver’s name, driver’s license number, truck (tractor and
trailer) numbers, and estimated arrival time within a two -hour window. Security
information, not known 24 hours ahead of the delivery, must be made available to the
Owner at least four hours prior to the delivery. Any deviation from these advanced
information requirements may result in the rejection of the delivery.
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CONTRACT SPECIFICATIONS
c. Deliveries will be accepted between 7:00 am and 2:30 pm Monday through Friday
only. No deliveries will be accepted on Saturdays, Sundays, or holidays.
Doc ID: 0e92113e3672d58f216d67ff51e7b36772004518
Overtime
Trade Title Rg Type C Base Foreman M-F Sa Su Hol H/W Pension Vac Trng
Other
Ins
Add OT
1.5x owed
Add OT
2.0x owed
ASBESTOS ABT-GEN All ALL 48.90 49.90 1.5 1.5 2.0 2.0 17.37 15.91 0.00 0.91 0.00 0.00
ASBESTOS ABT-MEC All BLD 40.59 43.84 1.5 1.5 2.0 2.0 15.22 15.16 0.00 0.88 2.80 5.60
BOILERMAKER All BLD 54.71 59.63 2.0 2.0 2.0 2.0 6.97 25.06 0.00 2.83 0.00 0.00
BRICK MASON All BLD 50.81 55.89 1.5 1.5 2.0 2.0 12.50 23.01 0.00 1.16 0.00 0.00 0.00
CARPENTER All ALL 53.51 55.51 1.5 1.5 2.0 2.0 12.29 25.26 1.70 0.81 0.00 0.00
CEMENT MASON All ALL 50.75 52.75 2.0 1.5 2.0 2.0 17.33 22.00 0.00 1.15 0.00 1.50 3.00
CERAMIC TILE FINISHER All BLD 45.62 45.62 1.5 1.5 2.0 2.0 12.75 15.64 0.00 1.04 0.00 0.00 0.00
CERAMIC TILE LAYER All BLD 53.14 58.14 1.5 1.5 2.0 2.0 12.75 19.41 0.00 1.12 0.00 0.00 0.00
COMMUNICATION
ELECTRICIAN
All BLD 48.66 58.37 1.5 1.5 2.0 2.0 13.90 14.40 1.25 1.31 0.25 0.00 0.00
ELECTRIC PWR EQMT OP All ALL 60.15 66.00 1.5 1.5 2.0 2.0 13.08 20.29 0.00 3.25 0.00 0.00 0.00
ELECTRIC PWR GRNDMAN All ALL 46.92 66.00 1.5 1.5 2.0 2.0 10.21 15.83 0.00 2.54 0.00 0.00 0.00
ELECTRIC PWR LINEMAN All ALL 60.15 66.00 1.5 1.5 2.0 2.0 13.08 20.29 0.00 3.25 0.00 0.00 0.00
ELECTRICIAN All ALL 53.80 58.37 1.5 1.5 2.0 2.0 18.65 19.55 1.25 1.81 0.60 0.00 0.00
ELEVATOR CONSTRUCTOR All BLD 65.12 73.26 2.0 2.0 2.0 2.0 16.08 20.56 5.20 0.70 0.00 0.00
FENCE ERECTOR All ALL 48.48 50.48 1.5 1.5 2.0 2.0 13.68 18.32 0.00 0.75 0.00 0.00 0.00
GLAZIER All BLD 49.75 51.25 1.5 2.0 2.0 2.0 15.44 25.36 0.00 2.07 0.00 0.00 0.00
HEAT/FROST INSULATOR All BLD 54.12 57.37 1.5 1.5 2.0 2.0 15.22 17.86 0.00 0.88 4.15 8.30
IRON WORKER All ALL 57.00 59.00 2.0 2.0 2.0 2.0 17.05 25.56 0.00 0.49 0.00 0.00
LABORER All ALL 48.90 49.65 1.5 1.5 2.0 2.0 17.37 15.91 0.00 0.91 0.00 0.00
LATHER All ALL 53.51 55.51 1.5 1.5 2.0 2.0 12.29 25.26 1.70 0.81 0.00 0.00
MACHINIST All BLD 55.74 59.74 1.5 1.5 2.0 2.0 9.93 8.95 1.85 1.47 0.00 0.00
MARBLE FINISHER All ALL 38.75 52.46 1.5 1.5 2.0 2.0 12.50 20.95 0.00 0.66 0.00 0.00 0.00
MARBLE SETTER All BLD 49.96 54.96 1.5 1.5 2.0 2.0 12.50 22.31 0.00 0.85 0.00 0.00 0.00
MATERIAL TESTER I All ALL 38.90 1.5 1.5 2.0 2.0 17.37 15.91 0.00 0.91 0.00 0.00
MATERIALS TESTER II All ALL 43.90 1.5 1.5 2.0 2.0 17.37 15.91 0.00 0.91 0.00 0.00
MILLWRIGHT All ALL 53.51 55.51 1.5 1.5 2.0 2.0 12.29 25.26 1.70 0.81 0.00 0.00
Cook County Prevailing Wage Rates posted on 3/4/2024
Doc ID: 0e92113e3672d58f216d67ff51e7b36772004518
OPERATING ENGINEER All BLD 1 56.60 60.60 2.0 2.0 2.0 2.0 22.95 20.05 2.00 2.70 0.00 0.00
OPERATING ENGINEER All BLD 2 55.30 60.60 2.0 2.0 2.0 2.0 22.95 20.05 2.00 2.70 0.00 0.00
OPERATING ENGINEER All BLD 3 52.75 60.60 2.0 2.0 2.0 2.0 22.95 20.05 2.00 2.70 0.00 0.00
OPERATING ENGINEER All BLD 4 51.00 60.60 2.0 2.0 2.0 2.0 22.95 20.05 2.00 2.70 0.00 0.00
OPERATING ENGINEER All BLD 5 60.35 60.60 2.0 2.0 2.0 2.0 22.95 20.05 2.00 2.70 0.00 0.00
OPERATING ENGINEER All BLD 6 57.60 60.60 2.0 2.0 2.0 2.0 22.95 20.05 2.00 2.70 0.00 0.00
OPERATING ENGINEER All BLD 7 59.60 60.60 2.0 2.0 2.0 2.0 22.95 20.05 2.00 2.70 0.00 0.00
OPERATING ENGINEER All FLT 1 64.55 64.55 1.5 1.5 2.0 2.0 22.95 20.05 2.00 2.70 0.00 0.00
OPERATING ENGINEER All FLT 2 63.05 64.55 1.5 1.5 2.0 2.0 22.95 20.05 2.00 2.70 0.00 0.00
OPERATING ENGINEER All FLT 3 58.55 64.55 1.5 1.5 2.0 2.0 22.95 20.05 2.00 2.70 0.00 0.00
OPERATING ENGINEER All FLT 4 54.05 64.55 1.5 1.5 2.0 2.0 22.95 20.05 2.00 2.70 0.00 0.00
OPERATING ENGINEER All FLT 5 66.05 64.55 1.5 1.5 2.0 2.0 22.95 20.05 2.00 2.70 0.00 0.00
OPERATING ENGINEER All FLT 6 54.05 64.55 1.5 1.5 2.0 2.0 22.95 20.05 2.00 2.70 0.00 0.00
OPERATING ENGINEER All HWY 1 54.80 58.80 1.5 1.5 2.0 2.0 22.95 20.05 2.00 2.70 0.00 0.00
OPERATING ENGINEER All HWY 2 54.25 58.80 1.5 1.5 2.0 2.0 22.95 20.05 2.00 2.70 0.00 0.00
OPERATING ENGINEER All HWY 3 52.20 58.80 1.5 1.5 2.0 2.0 22.95 20.05 2.00 2.70 0.00 0.00
OPERATING ENGINEER All HWY 4 50.80 58.80 1.5 1.5 2.0 2.0 22.95 20.05 2.00 2.70 0.00 0.00
OPERATING ENGINEER All HWY 5 49.60 58.80 1.5 1.5 2.0 2.0 22.95 20.05 2.00 2.70 0.00 0.00
OPERATING ENGINEER All HWY 6 57.80 58.80 1.5 1.5 2.0 2.0 22.95 20.05 2.00 2.70 0.00 0.00
OPERATING ENGINEER All HWY 7 55.80 58.80 1.5 1.5 2.0 2.0 22.95 20.05 2.00 2.70 0.00 0.00
ORNAMENTAL IRON
WORKER
All ALL 55.01 57.51 2.0 2.0 2.0 2.0 14.23 26.00 0.00 2.00 0.00 0.00 0.00
PAINTER All ALL 51.55 57.99 1.5 1.5 1.5 2.0 14.76 15.69 0.00 1.86 0.00 0.00 0.00
PAINTER - SIGNS All BLD 45.49 51.09 1.5 1.5 2.0 2.0 8.20 16.81 0.00 0.00 0.00 0.00 0.00
PILEDRIVER All ALL 53.51 55.51 1.5 1.5 2.0 2.0 12.29 25.26 1.70 0.81 0.00 0.00
PIPEFITTER All BLD 55.00 58.00 1.5 1.5 2.0 2.0 12.65 22.85 0.00 3.12 0.00 0.00 0.00
PLASTERER All BLD 48.75 51.68 1.5 1.5 2.0 2.0 17.33 20.33 0.00 1.15 0.00 0.00 0.00
PLUMBER All BLD 56.80 60.20 1.5 1.5 2.0 2.0 17.00 17.29 0.00 1.73 0.00 0.00
ROOFER All BLD 49.25 54.25 1.5 1.5 2.0 2.0 11.83 16.14 0.00 1.11 0.00 0.00 0.00
SHEETMETAL WORKER All BLD 51.15 55.24 1.5 1.5 2.0 2.0 14.18 28.45 0.00 1.05 0.00 0.00 0.00
Cook County Prevailing Wage Rates posted on 3/4/2024
Doc ID: 0e92113e3672d58f216d67ff51e7b36772004518
SIGN HANGER All BLD 35.72 38.58 1.5 1.5 2.0 2.0 7.15 4.60 0.00 0.00 0.00 0.00 0.00
SPRINKLER FITTER All BLD 56.60 59.35 1.5 1.5 2.0 2.0 14.45 18.80 0.00 0.75 0.00 0.00 0.00
STEEL ERECTOR All ALL 57.00 59.00 2.0 2.0 2.0 2.0 17.05 25.56 0.00 0.49 0.00 0.00
STONE MASON All BLD 50.81 55.89 1.5 1.5 2.0 2.0 12.50 23.01 0.00 1.16 0.00 0.00 0.00
TERRAZZO FINISHER All BLD 46.94 46.94 1.5 1.5 2.0 2.0 12.75 17.73 0.00 1.07 0.00 0.00 0.00
TERRAZZO MECHANIC All BLD 50.85 54.35 1.5 1.5 2.0 2.0 12.75 19.12 0.00 1.10 0.00 0.00 0.00
TRAFFIC SAFETY WORKER I All HWY 40.10 41.70 1.5 1.5 2.0 2.0 10.60 9.35 0.00 1.00 0.00 0.00 0.00
TRAFFIC SAFETY WORKER II ALL HWY 41.10 42.70 1.5 1.5 2.0 2.0 10.60 9.35 0.00 1.00 0.00 0.00 0.00
TRUCK DRIVER E ALL 1 41.75 42.40 1.5 1.5 2.0 2.0 12.80 15.74 0.00 0.15 0.00 0.00 0.00
TRUCK DRIVER E ALL 2 42.00 42.40 1.5 1.5 2.0 2.0 12.80 15.74 0.00 0.15 0.00 0.00 0.00
TRUCK DRIVER E ALL 3 42.20 42.40 1.5 1.5 2.0 2.0 12.80 15.74 0.00 0.15 0.00 0.00 0.00
TRUCK DRIVER E ALL 4 42.40 42.40 1.5 1.5 2.0 2.0 12.80 15.74 0.00 0.15 0.00 0.00 0.00
TRUCK DRIVER W ALL 1 42.18 42.73 1.5 1.5 2.0 2.0 11.20 15.46 0.00 0.15 0.00 0.00 0.00
TRUCK DRIVER W ALL 2 42.33 42.73 1.5 1.5 2.0 2.0 11.20 15.46 0.00 0.15 0.00 0.00 0.00
TRUCK DRIVER W ALL 3 42.53 42.73 1.5 1.5 2.0 2.0 11.20 15.46 0.00 0.15 0.00 0.00 0.00
TRUCK DRIVER W ALL 4 42.73 42.73 1.5 1.5 2.0 2.0 11.20 15.46 0.00 0.15 0.00 0.00 0.00
TUCKPOINTER All BLD 50.53 51.53 1.5 1.5 2.0 2.0 9.55 21.72 0.00 1.11 0.00 0.00 0.00
Legend
Rg Region
Type Trade Type - All,Highway,Building,Floating,Oil & Chip,Rivers
C Class
Base Base Wage Rate
OT M-F Unless otherwise noted, OT pay is required for any hour greater than 8 worked each day, Mon through Fri. The number
listed is the multiple of the base wage.
OT Sa Overtime pay required for every hour worked on Saturdays
OT Su Overtime pay required for every hour worked on Sundays
OT Hol Overtime pay required for every hour worked on Holidays
H/W Health/Welfare benefit
Vac Vacation
Trng Training
Other Ins Employer hourly cost for any other type(s) of insurance provided for benefit of worker.
Explanations COOK COUNTY
Cook County Prevailing Wage Rates posted on 3/4/2024
Doc ID: 0e92113e3672d58f216d67ff51e7b36772004518
The following list is considered as those days for which holiday rates of wages for work performed apply: New Years Day,
Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and Veterans Day in some classifications/counties.
Generally, any of these holidays which fall on a Sunday is celebrated on the following Monday. This then makes work performed
on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain
days of celebration. If in doubt, please check with IDOL.
TRUCK DRIVERS (WEST) - That part of the county West of Barrington Road.
EXPLANATION OF CLASSES
ASBESTOS - GENERAL - removal of asbestos material/mold and hazardous materials from any place in a building, including
mechanical systems where those mechanical systems are to be removed. This includes the removal of asbestos materials/mold
and hazardous materials from ductwork or pipes in a building when the building is to be demolished at the time or at some close
future date. ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes, ducts, and
boilers, where the mechanical systems are to remain.
CERAMIC TILE FINISHER
The grouting, cleaning, and polishing of all classes of tile, whether for interior or exterior purposes, all burned, glazed or unglazed
products; all composition materials, granite tiles, warning detectable tiles, cement tiles, epoxy composite materials, pavers, glass,
mosaics, fiberglass, and all substitute materials, for tile made in tile-like units; all mixtures in tile like form of cement, metals, and
other materials that are for and intended for use as a finished floor surface, stair treads, promenade roofs, walks, walls, ceilings,
swimming pools, and all other places where tile is to form a finished interior or exterior. The mixing of all setting mortars
including but not limited to thin-set mortars, epoxies, wall mud, and any other sand and cement mixtures or adhesives when
used in the preparation, installation, repair, or maintenance of tile and/or similar materials. The handling and unloading of all
sand, cement, lime, tile, fixtures, equipment, adhesives, or any other materials to be used in the preparation, installation, repair, or
maintenance of tile and/or similar materials. Ceramic Tile Finishers shall fill all joints and voids regardless of method on all tile
work, particularly and especially after installation of said tile work. Application of any and all protective coverings to all types of
tile installations including, but not be limited to, all soap compounds, paper products, tapes, and all polyethylene coverings,
plywood, masonite, cardboard, and any new type of products that may be used to protect tile installations, Blastrac equipment,
and all floor scarifying equipment used in preparing floors to receive tile. The clean up and removal of all waste and materials.
All demolition of existing tile floors and walls to be re-tiled.
COMMUNICATIONS ELECTRICIAN
Installation, operation, inspection, maintenance, repair and service of radio, television, recording, voice sound vision production
and reproduction, telephone and telephone interconnect, facsimile, data apparatus, coaxial, fibre optic and wireless equipment,
appliances and systems used for the transmission and reception of signals of any nature, business, domestic, commercial,
education, entertainment, and residential purposes, including but not limited to, communication and telephone, electronic and
sound equipment, fibre optic and data communication systems, and the performance of any task directly related to such
installation or service whether at new or existing sites, such tasks to include the placing of wire and cable and electrical power
Cook County Prevailing Wage Rates posted on 3/4/2024
Doc ID: 0e92113e3672d58f216d67ff51e7b36772004518
conduit or other raceway work within the equipment room and pulling wire and/or cable through conduit and the installation of
any incidental conduit, such that the employees covered hereby can complete any job in full.
MARBLE FINISHER
Loading and unloading trucks, distribution of all materials (all stone, sand, etc.), stocking of floors with material, performing all
rigging for heavy work, the handling of all material that may be needed for the installation of such materials, building of
scaffolding, polishing if needed, patching, waxing of material if damaged, pointing up, caulking, grouting and cleaning of marble,
holding water on diamond or Carborundum blade or saw for setters cutting, use of tub saw or any other saw needed for
preparation of material, drilling of holes for wires that anchor material set by setters, mixing up of molding plaster for installation
of material, mixing up thin set for the installation of material, mixing up of sand to cement for the installation of material and
such other work as may be required in helping a Marble Setter in the handling of all material in the erection or installation of
interior marble, slate, travertine, art marble, serpentine, alberene stone, blue stone, granite and other stones (meaning as to stone
any foreign or domestic materials as are specified and used in building interiors and exteriors and customarily known as stone in
the trade), carrara, sanionyx, vitrolite and similar opaque glass and the laying of all marble tile, terrazzo tile, slate tile and precast
tile, steps, risers treads, base, or any other materials that may be used as substitutes for any of the aforementioned materials and
which are used on interior and exterior which are installed in a similar manner.
MATERIAL TESTER I: Hand coring and drilling for testing of materials; field inspection of uncured concrete and asphalt.
MATERIAL TESTER II: Field inspection of welds, structural steel, fireproofing, masonry, soil, facade, reinforcing steel, formwork,
cured concrete, and concrete and asphalt batch plants; adjusting proportions of bituminous mixtures.
OPERATING ENGINEER - BUILDING
Class 1. Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with Caisson Attachment; Batch Plant; Benoto (requires Two
Engineers); Boiler and Throttle Valve; Caisson Rigs; Central Redi-Mix Plant; Combination Back Hoe Front End-loader Machine;
Compressor and Throttle Valve; Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete Conveyor (Truck Mounted);
Concrete Paver Over 27E cu. ft; Concrete Paver 27E cu. ft. and Under: Concrete Placer; Concrete Placing Boom; Concrete Pump
(Truck Mounted); Concrete Tower; Cranes, All; Cranes, Hammerhead; Cranes, (GCI and similar Type); Creter Crane; Spider Crane;
Crusher, Stone, etc.; Derricks, All; Derricks, Traveling; Formless Curb and Gutter Machine; Grader, Elevating; Grouting Machines;
Heavy Duty Self-Propelled Transporter or Prime Mover; Highlift Shovels or Front Endloader 2-1/4 yd. and over; Hoists, Elevators,
outside type rack and pinion and similar machines; Hoists, One, Two and Three Drum; Hoists, Two Tugger One Floor; Hydraulic
Backhoes; Hydraulic Boom Trucks; Hydro Vac (and similar equipment); Locomotives, All; Motor Patrol; Lubrication Technician;
Manipulators; Pile Drivers and Skid Rig; Post Hole Digger; Pre-Stress Machine; Pump Cretes Dual Ram; Pump Cretes: Squeeze
Cretes-Screw Type Pumps; Gypsum Bulker and Pump; Raised and Blind Hole Drill; Roto Mill Grinder; Scoops - Tractor Drawn; Slip-
Form Paver; Straddle Buggies; Operation of Tie Back Machine; Tournapull; Tractor with Boom and Side Boom; Trenching
Machines.
Class 2. Boilers; Broom, All Power Propelled; Bulldozers; Concrete Mixer (Two Bag and Over); Conveyor, Portable; Forklift Trucks;
Highlift Shovels or Front Endloaders under 2-1/4 yd.; Hoists, Automatic; Hoists, Inside Elevators; Hoists, Sewer Dragging Machine;
Hoists, Tugger Single Drum; Laser Screed; Rock Drill (Self-Propelled); Rock Drill (Truck Mounted); Rollers, All; Steam Generators;
Cook County Prevailing Wage Rates posted on 3/4/2024
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Tractors, All; Tractor Drawn Vibratory Roller; Winch Trucks with "A" Frame.
Class 3. Air Compressor; Combination Small Equipment Operator; Generators; Heaters, Mechanical; Hoists, Inside Elevators
(remodeling or renovation work); Hydraulic Power Units (Pile Driving, Extracting, and Drilling); Pumps, over 3" (1 to 3 not to
exceed a total of 300 ft.); Low Boys; Pumps, Well Points; Welding Machines (2 through 5); Winches, 4 Small Electric Drill Winches.
Class 4. Bobcats and/or other Skid Steer Loaders; Oilers; and Brick Forklift.
Class 5. Assistant Craft Foreman.
Class 6. Gradall.
Class 7. Mechanics; Welders.
OPERATING ENGINEERS - HIGHWAY CONSTRUCTION
Class 1. Asphalt Plant; Asphalt Heater and Planer Combination; Asphalt Heater Scarfire; Asphalt Spreader; Autograder/GOMACO
or other similar type machines: ABG Paver; Backhoes with Caisson Attachment; Ballast Regulator; Belt Loader; Caisson Rigs; Car
Dumper; Central Redi-Mix Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe Bucket or over or with
attachments); Concrete Breaker (Truck Mounted); Concrete Conveyor; Concrete Paver over 27E cu. ft.; Concrete Placer; Concrete
Tube Float; Cranes, all attachments; Cranes, Tower Cranes of all types: Creter Crane: Spider Crane; Crusher, Stone, etc.; Derricks,
All; Derrick Boats; Derricks, Traveling; Dredges; Elevators, Outside type Rack & Pinion and Similar Machines; Formless Curb and
Gutter Machine; Grader, Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form Grader, Pull Grader, Subgrader; Guard
Rail Post Driver Truck Mounted; Hoists, One, Two and Three Drum; Heavy Duty Self-Propelled Transporter or Prime Mover;
Hydraulic Backhoes; Backhoes with shear attachments up to 40' of boom reach; Lubrication Technician; Manipulators; Mucking
Machine; Pile Drivers and Skid Rig; Pre-Stress Machine; Pump Cretes Dual Ram; Rock Drill - Crawler or Skid Rig; Rock Drill - Truck
Mounted; Rock/Track Tamper; Roto Mill Grinder; Slip-Form Paver; Snow Melters; Soil Test Drill Rig (Truck Mounted); Straddle
Buggies; Hydraulic Telescoping Form (Tunnel); Operation of Tieback Machine; Tractor Drawn Belt Loader; Tractor Drawn Belt
Loader (with attached pusher - two engineers); Tractor with Boom; Tractaire with Attachments; Traffic Barrier Transfer Machine;
Trenching; Truck Mounted Concrete Pump with Boom; Raised or Blind Hole Drills (Tunnel Shaft); Underground Boring and/or
Mining Machines 5 ft. in diameter and over tunnel, etc; Underground Boring and/or Mining Machines under 5 ft. in diameter;
Wheel Excavator; Widener (APSCO).
Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve; Bulldozers; Car Loader Trailing Conveyors; Combination Backhoe
Front Endloader Machine (Less than 1 cu. yd. Backhoe Bucket or over or with attachments); Compressor and Throttle Valve;
Compressor, Common Receiver (3); Concrete Breaker or Hydro Hammer; Concrete Grinding Machine; Concrete Mixer or Paver 7S
Series to and including 27 cu. ft.; Concrete Spreader; Concrete Curing Machine, Burlap Machine, Belting Machine and Sealing
Machine; Concrete Wheel Saw; Conveyor Muck Cars (Haglund or Similar Type); Drills, All; Finishing Machine - Concrete; Highlift
Shovels or Front Endloader; Hoist - Sewer Dragging Machine; Hydraulic Boom Trucks (All Attachments); Hydro-Blaster; Hydro
Excavating (excluding hose work); Laser Screed; All Locomotives, Dinky; Off-Road Hauling Units (including articulating) Non Self-
Loading Ejection Dump; Pump Cretes: Squeeze Cretes - Screw Type Pumps, Gypsum Bulker and Pump; Roller, Asphalt; Rotary
Snow Plows; Rototiller, Seaman, etc., self-propelled; Self-Propelled Compactor; Spreader - Chip - Stone, etc.; Scraper - Single/Twin
Cook County Prevailing Wage Rates posted on 3/4/2024
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Engine/Push and Pull; Scraper - Prime Mover in Tandem (Regardless of Size); Tractors pulling attachments, Sheeps Foot, Disc,
Compactor, etc.; Tug Boats.
Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender; Compressor, Common Receiver (2); Concrete Mixer (Two
Bag and Over); Conveyor, Portable; Farm-Type Tractors Used for Mowing, Seeding, etc.; Forklift Trucks; Grouting Machine; Hoists,
Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep Diggers; Low Boys; Pipe Jacking Machines; Post-Hole Digger;
Power Saw, Concrete Power Driven; Pug Mills; Rollers, other than Asphalt; Seed and Straw Blower; Steam Generators; Stump
Machine; Winch Trucks with "A" Frame; Work Boats; Tamper-Form-Motor Driven.
Class 4. Air Compressor; Combination - Small Equipment Operator; Directional Boring Machine; Generators; Heaters, Mechanical;
Hydraulic Power Unit (Pile Driving, Extracting, or Drilling); Light Plants, All (1 through 5); Pumps, over 3" (1 to 3 not to exceed a
total of 300 ft.); Pumps, Well Points; Vacuum Trucks (excluding hose work); Welding Machines (2 through 5); Winches, 4 Small
Electric Drill Winches.
Class 5. SkidSteer Loader (all); Brick Forklifts; Oilers.
Class 6. Field Mechanics and Field Welders
Class 7. Dowell Machine with Air Compressor; Gradall and machines of like nature.
OPERATING ENGINEER - FLOATING
Class 1. Craft Foreman; Master Mechanic; Diver/Wet Tender; Engineer; Engineer (Hydraulic Dredge).
Class 2. Crane/Backhoe Operator; Boat Operator with towing endorsement; Mechanic/Welder; Assistant Engineer (Hydraulic
Dredge); Leverman (Hydraulic Dredge); Diver Tender.
Class 3. Deck Equipment Operator, Machineryman, Maintenance of Crane (over 50 ton capacity) or Backhoe (115,000 lbs. or
more); Tug/Launch Operator; Loader/Dozer and like equipment on Barge, Breakwater Wall, Slip/Dock, or Scow, Deck Machinery,
etc.
Class 4. Deck Equipment Operator, Machineryman/Fireman (4 Equipment Units or More); Off Road Trucks; Deck Hand, Tug
Engineer, Crane Maintenance (50 Ton Capacity and Under) or Backhoe Weighing (115,000 pounds or less); Assistant Tug
Operator.
Class 5. Friction or Lattice Boom Cranes.
Class 6. ROV Pilot, ROV Tender
TERRAZZO FINISHER
The handling of sand, cement, marble chips, and all other materials that may be used by the Mosaic Terrazzo Mechanic, and the
mixing, grinding, grouting, cleaning and sealing of all Marble, Mosaic, and Terrazzo work, floors, base, stairs, and wainscoting by
hand or machine, and in addition, assisting and aiding Marble, Masonic, and Terrazzo Mechanics.
Cook County Prevailing Wage Rates posted on 3/4/2024
Doc ID: 0e92113e3672d58f216d67ff51e7b36772004518
TRAFFIC SAFETY Worker I
Traffic Safety Worker I - work associated with the delivery, installation, pick-up and servicing of safety devices during periods of
roadway construction, including such work as set-up and maintenance of barricades, barrier wall reflectors, drums, cones,
delineators, signs, crash attenuators, glare screen and other such items, and the layout and application or removal of conflicting
and/or temporary roadway markings utilized to control traffic in construction zones, as well as flagging for these operations.
TRAFFIC SAFETY WORKER II
Work associated with the installation and removal of permanent pavement markings and/or pavement markers including both
installations performed by hand and installations performed by truck.
TRUCK DRIVER - BUILDING, HEAVY AND HIGHWAY CONSTRUCTION - EAST & WEST
Class 1. Two or three Axle Trucks. A-frame Truck when used for transportation purposes; Air Compressors and Welding
Machines, including those pulled by cars, pick-up trucks and tractors; Ambulances; Batch Gate Lockers; Batch Hopperman; Car
and Truck Washers; Carry-alls; Fork Lifts and Hoisters; Helpers; Mechanics Helpers and Greasers; Oil Distributors 2-man
operation; Pavement Breakers; Pole Trailer, up to 40 feet; Power Mower Tractors; Self-propelled Chip Spreader; Skipman; Slurry
Trucks, 2-man operation; Slurry Truck Conveyor Operation, 2 or 3 man; Teamsters; Unskilled Dumpman; and Truck Drivers
hauling warning lights, barricades, and portable toilets on the job site.
Class 2. Four axle trucks; Dump Crets and Adgetors under 7 yards; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump
Turnapulls or Turnatrailers when pulling other than self-loading equipment or similar equipment under 16 cubic yards; Mixer
Trucks under 7 yards; Ready-mix Plant Hopper Operator, and Winch Trucks, 2 Axles.
Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump
Turnatrailers or turnapulls when pulling other than self-loading equipment or similar equipment over 16 cubic yards; Explosives
and/or Fission Material Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit; Oil Distributors, 1-man operation;
Pole Trailer, over 40 feet; Pole and Expandable Trailers hauling material over 50 feet long; Slurry trucks, 1-man operation; Winch
trucks, 3 axles or more; Mechanic--Truck Welder and Truck Painter.
Class 4. Six axle trucks; Dual-purpose vehicles, such as mounted crane trucks with hoist and accessories; Foreman; Master
Mechanic; Self-loading equipment like P.B. and trucks with scoops on the front.
Other Classifications of Work:
For definitions of classifications not otherwise set out, the Department generally has on file such definitions which are available.
If a task to be performed is not subject to one of the classifications of pay set out, the Department will upon being contacted
state which neighboring county has such a classification and provide such rate, such rate being deemed to exist by reference in
this document. If no neighboring county rate applies to the task, the Department shall undertake a special determination, such
special determination being then deemed to have existed under this determination. If a project requires these, or any
classification not listed, please contact IDOL at 217-782-1710 for wage rates or clarifications.
Cook County Prevailing Wage Rates posted on 3/4/2024
Doc ID: 0e92113e3672d58f216d67ff51e7b36772004518
LANDSCAPING
Landscaping work falls under the existing classifications for laborer, operating engineer and truck driver. The work performed by
landscape plantsman and landscape laborer is covered by the existing classification of laborer. The work performed by
landscape operators (regardless of equipment used or its size) is covered by the classifications of operating engineer. The work
performed by landscape truck drivers (regardless of size of truck driven) is covered by the classifications of truck driver.
MATERIAL TESTER & MATERIAL TESTER/INSPECTOR I AND II
Notwithstanding the difference in the classification title, the classification entitled "Material Tester I" involves the same job duties
as the classification entitled "Material Tester/Inspector I". Likewise, the classification entitled "Material Tester II" involves the same
job duties as the classification entitled "Material Tester/Inspector II".
Cook County Prevailing Wage Rates posted on 3/4/2024
Doc ID: 0e92113e3672d58f216d67ff51e7b36772004518
Non-Disclosure Agreement
Company Name:
Evanston Project: Bid 24-16 30 INCH BACKWASH VALVE REPLACEMENT
CONFIDENTIAL INFORMATION.
The term “Confidential Information” means any information or material which is proprietary
to the Owner, which is not generally known other than by the Owner, and which the
Consultant may obtain through any direct or indirect contact with the Owner. Regardless of
whether specifically identified as confidential or proprietary, Confidential Information shall
include any information provided by the Owner concerning the construction, operation and
maintenance of the water system, including, without limitation, business records and plans,
technical data, and contracts.
CONFIDENTIALITY OF INFORMATION.
It is understood that the Bidder (i) will keep confidential all information provided by the City
of Evanston in connection with the above described work; (ii) will use such confidential
information solely in connection with their engagement with the City of Evanston (iii) will not
in future disclose any information derived in their work to any third person or entity.
The Bidder acknowledges that they are prohibited from releasing any information about the
City of Evanston water treatment facility / pumping station or distribution system to any
entity without the express written consent from the City of Evanston Public Works Director.
SIGNED: NOTARIZED:
Date Date
Doc ID: 0e92113e3672d58f216d67ff51e7b36772004518
We are pleased to announce our membership in the DemandStar network. DemandStar is an online
marketplace that connects our suppliers directly to the bids, quotes and RFPs that matter to them.
DemandStar is open and accessible to all businesses and provides instant access to our solicitations.
By registering for your complimentary DemandStar account, you will receive:
• Instant access to bids, quotes and RFPs
• Automatic notifications, right to you inbox, of bids that match the commodity codes you select
• The ability to quickly view the contractual terms and scope of work
• All the forms and documents you need in one place
• Access to more government bids in neighboring cities, counties and states
It’s EASY! Get started with these 3 easy steps!
REGISTER
Go to:
https://www.demandstar.com/registration
Registering for
DemandStar
1
2019 DemandStar® Corporation. All Rights Reserved.
206.940.0305
CHOOSE YOUR FREE AGENCY
Type in the name of the government
agency you’d like to add, for example
“City of Metropolis” in the Search Box
SIGN UP
Visit www.demandstar.com
CHECK OUT
Check out with your FREE AGENCY
Registration by clicking “Skip for now” on
the page where it gives you options to add
additional counties and States
2019 DemandStar® Corporation. All Rights Reserved.
206.940.0305
2
3
Doc ID: 0e92113e3672d58f216d67ff51e7b36772004518
(E-bidding) Electronic Bidding Instructions
Doc ID: 0e92113e3672d58f216d67ff51e7b36772004518
Introduction
To submit a bid electronically (e-bidding) on
DemandStar
•The project MUST be setup for e-bidding by
the government agency advertising the
opportunity
Doc ID: 0e92113e3672d58f216d67ff51e7b36772004518
How to check if it is an e-bidding opportunity
•Not all opportunities posted on DemandStar by government
are available for e-bidding
•Those that are available for you to electronically bid will list
“e -bidding” as an available “ACTION” when you look at the
project details
Doc ID: 0e92113e3672d58f216d67ff51e7b36772004518
In order to do
e-bidding
1.Click on “E-bidding” in
the actions column
Doc ID: 0e92113e3672d58f216d67ff51e7b36772004518
In order to do
e-bidding
2.Enter you contact
information and enter in
all required fields
Note: You MUST put a number
of the “BID AMOUNT” box.
However, that number can be
0 so as to allow for a more
detailed descriptions of your
bid through your uploaded
documents.
Doc ID: 0e92113e3672d58f216d67ff51e7b36772004518
In order to do
e-bidding
•In the agency required
documents section –check
the documents you intend
on uploading and fulfilling.
By checking these boxes this
is ONLY an
acknowledgement of how
you will fulfill the
requirement. You still have
to upload the documents.
Doc ID: 0e92113e3672d58f216d67ff51e7b36772004518
In order to do e-
bidding
Upload your response
documents in an accepted file
format
Make sure that you have
covered and uploaded all the
required documents
Doc ID: 0e92113e3672d58f216d67ff51e7b36772004518
In order to do e-
bidding
Once you decide you’ve
uploaded all your documents
that you would like to submit,
make sure you click the NEXT
button at the bottom of the
screen
Doc ID: 0e92113e3672d58f216d67ff51e7b36772004518
Completing your
e-bid submittal
•Please VERIFY that you have
attached ALL the required
documents
•Click on the Submit Response
button to complete your e-bid
Copyright 2019, DemandStar Corporation. (206)940-0305
Doc ID: 0e92113e3672d58f216d67ff51e7b36772004518
Confirmation of
Response
•When you complete you will
receive a confirmation
•This is a confirmation that
what you uploaded will be
visible to the agency when
the bid closes, this is not a
confirmation that all your
documents were fill out or
submitted correctly
Doc ID: 0e92113e3672d58f216d67ff51e7b36772004518
Post
Submission
Edits
If you feel like you missed something or need to make a change
you can go back to your submittal response and edit your e-bid.
By clicking on “DETAILS” then “EDIT” the section you wish
Copyright 2019, DemandStar Corporation. (206)940-0305
Doc ID: 0e92113e3672d58f216d67ff51e7b36772004518
DemandStar E-Bidding: Frequently Asked Questions
Do suppliers need to be registered with DemandStar to participate in e-bidding?
Yes. But if they don’t already have an account with DemandStar, they can sign up and
either
o Be a subscriber for only your agency, at no charge, and be able to download
documents at no charge and then receive notifications that match their commodity
codes
o Be a “basic supplier” for free - who researches on our platform and then pays $5 to
download all documents, thus becoming a plan holder
o Be a paid subscriber for a county, state, national and receive notifications from all
included agencies
Can suppliers respond with document uploads or do they simply fill in forms?
Yes, they may respond with document uploads that are available to you via the
DemandStar platform.
What type of E-Bidding Documents can be uploaded?
Acceptable file formats for sending back documents that the city will accept:
Is there a maximum file size that I can upload?
Vendors can simply upload a single file or multiple documents as long as it doesn’t
exceed 100 MBs (single or multiple files)
After a bid opening, what document(s) are made public by DemandStar?
None. Only the agency can see the vendor responses so you are the only ones who will
determine what you want to download and make public.
Who do I call if I have questions or problems with the DemandStar?
The City strongly encourages each respondent to setup their account and to explore
the eBidding module at least a couple of days before the bid due date.
If you have questions or issues creating your account, accessing the eBidding
module or submitting your bid prior to the bid due date, please contact DemandStar
at 866.273.1863 or by email at hello@demandstar.com.
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Contract with Independent Mechanical Industries -......
Award_of_Co..._of_Thr.pdf and 1 other
0e92113e3672d58f216d67ff51e7b36772004518
MM / DD / YYYY
Signed
06 / 07 / 2024
13:16:12 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
06 / 07 / 2024
13:18:36 UTC-5
Viewed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 24.13.232.86
06 / 07 / 2024
13:18:57 UTC-5
Signed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 24.13.232.86
06 / 07 / 2024
15:26:36 UTC-5
Viewed by Luke Stowe (lstowe@cityofevanston.org)
IP: 66.158.65.76
06 / 07 / 2024
15:27:00 UTC-5
Signed by Luke Stowe (lstowe@cityofevanston.org)
IP: 66.158.65.76
The document has been completed.06 / 07 / 2024
15:27:00 UTC-5