HomeMy WebLinkAboutTERRA Engineering Ltd. 2025 Projects Survey Design & Construction Engineering Services $297,600
To: Luke Stowe, City Manager
From: Lara Biggs, Bureau Chief – Capital Planning and Engineering
Bridget Nash, Senior Project Manager
Subject: Agreement with TERRA Engineering, Ltd. for 2025 Annual Projects
Survey, Design, and Construction Engineering Services
Date: September 12, 2024
City Council authorized the City Manager to execute an Agreement with TERRA
Engineering, Ltd. on August 26, 2024. The Professional Services Agreement is attached
for your signature. The council memo and a copy of the council action are also attached
for your reference.
If you have any questions, please call Bridget Nash at extension 8102.
Attachments:
1. Council Memo (for reference)
2. Council Action (for reference)
3. Professional Services Agreement (for signature on page 21 of the PDF)
Memorandum
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Memorandum
To: Honorable Mayor and Members of the City Council
CC: Members of Administration and Public Works Committee
From: Bridget Nash, Senior Project Manager
CC: Edgar Cano, Public Works Director; Lara Biggs, City Engineer
Subject: Approval of Contract with TERRA Engineering, Ltd. for 2025 Annual
Projects Survey, Design, and Construction Engineering Services
Date: August 26, 2024
Recommended Action:
Staff recommends that the City Council authorize the City Manager to execute a contract with
TERRA Engineering, Ltd. (225 West Ohio Street, 4th Floor, Chicago, IL 60654) for the 2025
Annual Projects Survey, Design, and Construction Engineering Services in the not-to-exceed
amount of $297,600.00.
Funding Source:
Funding is provided from the General Fund (Account 100.40.4410.62185) in the amount of
$223,200 and from the Sewer Fund (Account 515.40.4410.62185) in the amount of $74,400.
The salaries from vacant positions will partially offset these costs; however, the staff
recommends that an additional $50,000 be included in the General Fund account as part of
the FY 2025 proposed budget to assist in offsetting the higher cost of consultant fees versus
in-house staff costs.
CARP:
Transportation & Mobility
Council Action:
For Action
Summary:
The Bureau of Capital Planning and Engineering (Bureau) has a robust annual capital
improvements program that includes the survey, design, and construction engineering of
various infrastructure projects, including roads, water mains, sewers, alleys, sidewalks, and
pedestrian crossings. The Bureau is currently understaffed to successfully complete these
services for the 2025 annual transportation capital improvements projects. Annual
transportation projects include:
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Water Main Improvements
Motor Fuel Tax (MFT) Street Resurfacing
Alley Improvements
Sidewalk Improvement and Gap Infill Program
Neighborhood Traffic Calming
The scope of work for these contracts has expanded significantly over the last few years, with
new lead service line regulations, increased funding through the Motor Fuel Tax program,
and an additional focus on alley and sidewalk improvement. Four full-time civil engineering
employees typically design these projects in-house beginning in the fall of the year prior to
construction, and the same employees oversee the construction of the projects the following
summer and fall.
According to the American Council of Engineering Companies (ACEC), nearly half of all
engineering companies in the United States are turning down work due to a workforce
shortage. There are 188,000 open engineering positions in the country.
In recent years, there have consistently been vacancies in this team. On June 12, 2023, the
City Council approved the prequalification of consulting firms for transportation engineering
and surveying services (RFQ 23-10). This allows the City to hire additional engineering
services to supplement staffing as needed. Currently, three of the four positions are vacant.
With the expanded workload and low staffing level, the staff recommends hiring consultants
to assist with the survey, design, and construction of the 2025 annual capital improvements
projects.
Analysis:
On June 12, 2023, the City Council approved the prequalification of four consulting firms to
provide design, construction engineering, and surveying services for various infrastructure
projects. On July 18, 2024, the four prequalified firms were requested to provide a cost
proposal for survey, design, and construction engineering services related to the 2025 annual
capital improvements projects. The cost proposals received are summarized below:
TERRA Engineering, Ltd. submitted the lowest cost to provide the requested services.
Additionally, TERRA has performed satisfactory work for the City in the past, including
construction services for 2023 and 2024 capital improvement projects. Thus, staff
recommends awarding TERRA to provide survey, design, and construction engineering
services for the 2025 annual capital improvements projects.
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As a woman-owned business, TERRA satisfies the M/W/D/EBE goal. A memo reviewing their
compliance is attached.
Legislative History:
On June 12, 2023, the City Council Approved the Prequalification of Consulting Firms for
Transportation Engineering and Surveying Services (RFQ 23-10).
Attachments:
TERRA Cost Proposal
2025 Survey Design and Construction Eng MWDEBE Memo
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CHICAGO ◼ MILWAUKEE ◼ OAK PARK ◼ PEORIA ◼ ST. LOUIS
www.terraengineering.com
August 2, 2024
Bridget Nash, P.E.
Senior Project Manager
City of Evanston, Public Works Agency
Capital Planning & Engineering
2100 Ridge Avenue
Evanston, IL 60201
Subject: Request for Proposal - 2025 Annual Projects Survey, Design, and Construction Engineering
Services
Dear Ms. Nash:
TERRA is pleased to submit this proposal for the Capital Planning & Engineering Bureau’s 2025 Annual
Projects Survey, Design, and Construction Engineering Services Contract. We have reviewed the subject
request for proposal and have included supporting documentation that further describes our understanding
of the scope of consultant services. The proposed improvement includes:
Alleys Improvements:
− The reconstruction of four block long alleys with 8” concrete pavement with storm sewers
and restoration work.
Sidewalk Improvements:
− installation of two gap infill locations estimated at 6,000 sf (approximately 1,000 ft in total
length).
− removal and replacement of 15,000 square feet brick sidewalk pavers with new concrete
sidewalk in the downtown area.
TERRA’s Project Manager Tyler DePatis, P.E., has over 12 years’ experience in design and construction of
public infrastructure projects that include all aspects roadways, pedestrian facilities, and utility
improvements. He will be joined by key personnel:
Survey Services Lead: Tom Baumgartner, PLS,
Design Services Lead: Bernard Bolanowski
Construction Services Lead: Rich Munizzo, P.E.
TERRA proposes to perform the following services:
1. Land Surveys:
a. Perform topographic survey of the four alley locations and sidewalk improvement areas. This
work will include right-of-way determination, identification of known utilities and other relevant
features.
b. Perform topographic as-built survey at each location after construction.
2. Design Phase Services: Preparation of construction documents for bid with similar detail to those
prepared by Evanston for 2024 program, perform stakeholder coordination and obtain required
permitting as described in the RFP dated July 18, 2024.
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Project Name ◼ August 2, 2024 ◼ 2 of 3
CHICAGO ◼ MILWAUKEE ◼ OAK PARK ◼ PEORIA ◼ ST. LOUIS
www.terraengineering.com
3. Construction Phase Services:
a. Attend pre-construction meeting.
b. Review and approve contractor submittals.
c. Coordinate with residents, contractors, utility companies, and other stakeholders, as needed.
d. Perform daily on-site construction inspection and oversight to ensure compliance with design
plans and specifications.
e. Attend weekly on-site construction meetings.
f. Perform quantity measurements and tracking.
g. Prepare monthly pay estimates.
h. Perform project final walk through/closeout.
i. Prepare as-built drawings.
j. This task shall also include marking and measuring sidewalks for removal and replacement
for a separate project.
We propose to perform these services on a time and material basis with a $297,600 upper limit of
compensation. Our services will be invoiced for actual time expended with the direct wage multiplied by the
Direct Labor Multiplier shown on the enclosed Cost Estimate of Services table.
We are fully committed to meeting the tentative schedule provided below assuming a September 2024
notice to proceed.
− Complete Survey Services October 2024
− Submit Preliminary Design Plans December 2024
− Complete Design Services February 2025
− Construction Engineering Services May through November 2025.
If you have any questions, please feel free to contact me with any question. Our team truly welcomes the
opportunity to be of continued service to the City of Evanston.
Sincerely,
TERRA Engineering, Ltd.
Daniel Kavanaugh, PE
Vice President
225 W. Ohio Street / 4th Floor / Chicago, IL 60654
dkavanaugh@terraengineering.com / 312.735-3134
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Project Name ◼ August 2, 2024 ◼ 3 of 3
CHICAGO ◼ MILWAUKEE ◼ OAK PARK ◼ PEORIA ◼ ST. LOUIS
www.terraengineering.com
COST ESTIMATE OF SERVICES
2025 ANNUAL PROJECTS SURVEY, DESIGN,
AND CONSTRUCTION ENGINEERING SERVICES
DATE 08/03/25
Direct Labor Multiplier 2.8
Item Manhours Cost with DLM Direct Cost By Others TOTAL
Topograhic Survey 210 $25,400 - $25,400
As-Built Survey 145 $17,600 - $17,600
Design Services 592 $80,500 400 - $80,900
Construction Services 1320 $170,600 3,100 - $173,700
TOTALS 2,267 294,100 3,500 - 297,600
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2025 Annual Projects Survey, Design and Construction Engineering , MW DEBE 0 8.26.2024
To: Edgar Cano, Public Works Agency Director
Lara Biggs, P.E. Bureau Chief – Capital Planning / City Engineer
Bridget Nash, Senior Project Manager
From: Tammi Nunez, Purchasing Manager
Subject: 2025 Annual Projects Survey , Design and Construction
Engineering Services
Date: August 26, 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’s goal is to have general contractors utilize
M/W/D/EBEs to perform no less than 25% of the awarded contract.
With regard to the recommendation for the 2025 Annual Projects Survey, Design
and Construction Engineering, Terra Engineering, Ltd. total base bid is
$297,600.00 and they are found to be in compliance with the City’s goal. They
will receive credit for 25% M/W/D/EBE participation.
Name of M/W/D/EBE Scope of
Work
Contract
Amount % MBE WBE EBE DBE
Terra Engineering Ltd.
225 W. Ohio Street
Chicago, IL 60654
Survey, Design ,
Construction
Engineering
$297,600.00 100% X
Total M/W/D/EBE $297,600.00 100%
Cc: Hitesh Desai, Chief Fin ancial Officer
Memorandum
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Page 3 ACTIONS August 26,2024
Item Item Description Motion Disposition
A4.
Approval of Contract with TERRA
Engineering,Ltd.for 2025 Annual Projects
Survey,Design,and Construction
Engineering Services
Staff recommended that the City Council authorize
the City Manager to execute a contract with TERRA
Engineering,Ltd.(225 West Ohio Street,4th Floor,
Chicago,IL 60654)for the 2025 Annual Projects
Survey,Design,and Construction Engineering
Services in the not-toexceed amount of $297,600.00.
Funding is provided from the General Fund (Account
100.40.4410.62185)in the amount of $223,200 and
from the Sewer Fund (Account 515.40.4410.62185)
in the amount of $74,400.The salaries from vacant
positions will partially offset these costs;however,the
staff recommends that an additional $50,000 be
included in the General Fund account as part of the
FY 2025 proposed budget to assist in offsetting the
higher cost of consultant fees versus in-house staff
costs.
Approved on Consent
Agenda for Action
A5.
Approval of a contract with S.B.Friedman
Development Advisors for an amount not to
exceed $12,428.75
Staff recommended that the City Council authorize
the City Manager to execute a contract with S.B.
Friedman Development Advisors (627 Grove St #2,
Evanston,IL 60201)to provide economic impact /
TIF projection analysis for the West Evanston TIF in
the amount not to exceed $12,428.75 for a total
project cost of $36,458.75.West Evanston TIF G/L
335.99.5870.62185 consultant services.The
estimated fund balance is $2.9 million.
Approved on Consent
Agenda for Action
A6.
Approval of a contract with Teska
Associates for Engineering and Landscape
Architectural Design Services for South
Fountain Square Plaza
Staff recommended that the City Council authorize
the City Manager to execute a contract with Teska
Associates (627 Grove St #2,Evanston,IL 60201)to
provide Engineering and Landscape Architectural
Design Services for South Fountain Square Plaza in
the amount of $65,046.
Approved on Consent
Agenda for Action
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CITY OF EVANSTON
PROFESSIONAL SERVICES AGREEMENT
The parties referenced herein desire to enter into an agreement for professional
services for
2025 Annual Projects Survey, Design, and Construction Engineering Services
(“the Project”)
THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this 10
day of September, 2024, 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 TERRA Engineering, Ltd., with offices located at 225 West Ohio Street,
4th Floor, Chicago, IL 60654 (hereinafter referred to as the “Consultant”). Compensation for
all basic Services (“the Services”) provided by the Consultant pursuant to the terms of this
Agreement shall not exceed $297,600.00.
I. COMMENCEMENT DATE
Consultant shall commence the Services on September 16, 2024 or no later
than three (3) DAYS AFTER City executes and delivers this Agreement to
Consultant.
II. COMPLETION DATE
Consultant shall complete the Services by December 31, 2025. If this Agreement
provides for renewals after an initial term, no renewal shall begin until agreed to in
writing by both parties prior to the completion date of this Agreement.
III. PAYMENTS
City shall pay Consultant those fees as provided here: Payment shall be made
upon the completion of each task for a project, as set forth in Exhibit A –
Project Milestones and Deliverables. Any expenses in addition to those set
forth here must be specifically approved by the City in writing in advance.
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IV. DESCRIPTION OF SERVICES
Consultant shall perform the services (the “Services”) set forth here: Services are
those as defined in Exhibit A, the City’s Request for Proposal (Exhibit B), and
Consultant’s Response to the Proposal (Exhibit C). Services may include, if any,
other documented discussions and agreements regarding scope of work and cost
(Exhibit D).
V. GENERAL PROVISIONS
A. Services. Consultant shall perform the Services in a professional and
workmanlike manner. All Services performed and documentation (regardless
of format) provided by Consultant shall be in accordance with the standards of
reasonable care and skill of the profession, free from errors or omissions,
ambiguities, coordination problems, and other defects. Consultant shall take
into account any and all applicable plans and/or specifications furnished by
City, or by others at City’s direction or request, to Consultant during the term of
this Agreement. All materials, buildings, structures, or equipment designed or
selected by Consultant shall be workable and fit for the intended use thereof,
and will comply with all applicable governmental requirements. Consultant
shall require its employees to observe the working hours, rules, security
regulations and holiday schedules of City while working and to perform its
Services in a manner which does not unreasonably interfere with the City’s
business and operations, or the business and operations of other tenants and
occupants in the City which may be affected by the work relative to this
Agreement. Consultant shall take all necessary precautions to assure the
safety of its employees who are engaged in the performance of the Services,
all equipment and supplies used in connection therewith, and all property of
City or other parties that may be affected in connection therewith. If requested
by City, Consultant shall promptly replace any employee or agent performing
the Services if, in the opinion of the City, the performance of the employee or
agent is unsatisfactory.
Consultant is responsible for conforming its final work product to generally
accepted professional standards for all work performed pursuant to this
Agreement. Nothing in this Agreement accords any third-party beneficiary
rights whatsoever to any non-party to this Agreement that any non-party may
seek to enforce. Consultant acknowledges and agrees that should Consultant
or its sub-consultants provide false information, or fail to be or remain in
compliance with this Agreement; the City may void this Agreement. The
Consultant warrants and states that it has read the Contract Documents, and
agrees to be bound thereby, including all performance guarantees as respects
Consultant’s work and all indemnity and insurance requirements.
The Consultant shall obtain prior approval from the City prior to sub-
contracting with any entity or person to perform any of the work required under
this Agreement. If the Consultant sub-contracts any of the services to be
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performed under this Agreement, the sub-consultant agreement shall provide
that the services to be performed under any such agreement shall not be
sublet, sold, transferred, assigned or otherwise disposed of to another entity or
person without the City’s prior written consent. The Consultant shall be
responsible for the accuracy and quality of any sub-consultant’s work.
All sub-consultant agreements shall include verbatim or by reference the
provisions in this Agreement binding upon Consultant as to all Services
provided by this Agreement, such that it is binding upon each and every sub-
consultant that does work or provides Services under this Agreement.
The Consultant shall cooperate fully with the City, other City contractors, other
municipalities and local government officials, public utility companies, and
others, as may be directed by the City. This shall include attendance at
meetings, discussions and hearings as requested by the City. This
cooperation shall extend to any investigation, hearings or meetings convened
or instituted by the City, any of its departments, and/or OSHA relative to this
Project, as necessary. Consultant shall cooperate with the City in scheduling
and performing its Work to avoid conflict, delay in or interference with the work
of others, if any, at the Project.
Except as otherwise provided herein, the nature and scope of Services
specified in this Agreement may only be modified by a writing approved by
both parties. This Agreement may be modified or amended from time to time
provided, however, that no such amendment or modification shall be effective
unless reduced to writing and duly authorized and signed by the authorized
representatives of the parties.
B. Representation and Warranties. Consultant represents and warrants that:
(1) Consultant possesses and will keep in force all required licenses to
perform the Services; (2) the employees of Consultant performing the Services
are fully qualified, licensed as required, and skilled to perform the Services.
C. Breach/Default. Any one of the following events shall be deemed an event of
default hereunder by Consultant, subject to Consultant’s right to cure:
1. Failure to perform the Services as defined in Paragraph A above and
contained within Exhibit A;
2. Failure to comply with any other of the General Provisions contained within
this contract.
Consultant, within thirty (30) days, shall have the right to cure any default
herein listed at its own expense, including completion of Services or the
replacement or termination of any agent, employee, or sub-contractor as a
result of any violation of the General Provisions contained herein.
D. Remedy. City does not waive any right to exercise any option to cure any
breach or default on the part of contractor, including but not limited to
injunctive relief, an action in law or equity or termination of this Agreement as
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outlined in Paragraph E of this section.
E. Termination. City may, at any time, with or without cause, terminate this
Agreement upon seven (7) days written notice to Consultant. If the City
terminates this agreement, the City will make payment to Consultant for
Services performed prior to termination. Payments made by the City pursuant
to this Agreement are subject to sufficient appropriations made by the City of
Evanston City Council. In the event of termination resulting from non-
appropriation or insufficient appropriation by the City Council, the City’s
obligations hereunder shall cease and there shall be no penalty or further
payment required. In the event of an emergency or threat to the life, safety or
welfare of the citizens of the City, the City shall have the right terminate this
Agreement without prior written notice. Within thirty (30) days of termination of
this Agreement, the Consultant shall turn over to the City any documents,
drafts, and materials, including but not limited to, outstanding work product,
data, studies, test results, source documents, AutoCAD Version 2007, PDF,
ARTView, Word, Excel spreadsheets, technical specifications and
calculations, and any other such items specifically identified by the City related
to the Services herein.
F. Independent Consultant. Consultant’s status shall be that of an independent
Consultant and not that of a servant, agent, or employee of City. Consultant
shall not hold Consultant out, nor claim to be acting, as a servant, agent or
employee of City. Consultant is not authorized to, and shall not, make or
undertake any agreement, understanding, waiver or representation on behalf
of City. Consultant shall at its own expense comply with all applicable workers
compensation, unemployment insurance, employer’s liability, tax withholding,
minimum wage and hour, and other federal, state, county and municipal laws,
ordinances, rules, regulations and orders. Consultant shall require its
employees to observe the working hours, rules, security regulations and
holiday schedules of City, including but not limited to all policies and work
rules applicable to City employees while on City property such as the
Workplace Harassment Policy; COVID-19 Vaccination Policy; and Drug and
Alcohol Policy. Consultant agrees to abide by the Occupational Safety &
Health Act of 1970 (OSHA), and as the same may be amended from time to
time, applicable state and municipal safety and health laws and all regulations
pursuant thereto. Consultant shall certify that its agents, employees and
subcontractors are in compliance with City work rules applicable to City
employees while on City property. Failure to certify or violation of work rules is
subject to the Default provisions of Paragraph C.
G. Conflict of Interest. Consultant represents and warrants that no prior or
present services provided by Consultant to third parties conflict with the
interests of City in respect to the Services being provided hereunder except as
shall have been expressly disclosed in writing by Consultant to City and
consented to in writing to City.
H. Ownership of Documents and Other Materials. All originals, duplicates and
negatives of all plans, drawings, reports, photographs, charts, programs,
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models, specimens, specifications, AutoCAD Version 2007, Excel
spreadsheets, PDF, and other documents or materials required to be
furnished by Consultant hereunder, including drafts and reproduction copies
thereof, shall be and remain the exclusive property of City, and City shall have
the unlimited right to publish and use all or any part of the same without
payment of any additional royalty, charge, or other compensation to
Consultant. Upon the termination of this Agreement, or upon request of City,
during any stage of the Services, Consultant shall promptly deliver all such
materials to City. Consultant shall not publish, transfer, license or, except in
connection with carrying out obligations under this Agreement, use or reuse all
or any part of such reports and other documents, including working pages,
without the prior written approval of City, provided, however, that Consultant
may retain copies of the same for Consultant’s own general reference.
I. Payment. Invoices for payment shall be submitted by Consultant to City at
the address set forth above, together with reasonable supporting
documentation, City may require such additional supporting documentation as
City reasonably deems necessary or desirable. Payment shall be made in
accordance with the Illinois Local Government Prompt Payment Act, after
City’s receipt of an invoice and all such supporting documentation.
J. Right to Audit. Consultant shall for a period of three years following
performance of the Services, keep and make available for the inspection,
examination and audit by City or City’s authorized employees, agents or
representatives, at all reasonable time, all records respecting the services and
expenses incurred by Consultant, including without limitation, all book,
accounts, memoranda, receipts, ledgers, canceled checks, and any other
documents indicating, documenting, verifying or substantiating the cost and
appropriateness of any and all expenses. If any invoice submitted by
Consultant is found to have been overstated, Consultant shall provide City an
immediate refund of the overpayment together with interest at the highest rate
permitted by applicable law, and shall reimburse all of City’s expenses for and
in connection with the audit respecting such invoice.
K. Indemnity. Consultant shall defend, indemnify and hold harmless the City
and its officers, elected and appointed officials, agents, and employees from
any and all liability, losses, or damages as a result of claims, demands, suits,
actions, or proceedings of any kind or nature, including but not limited to costs,
and fees, including attorney’s fees, judgments or settlements, resulting from or
arising out of any negligent or willful act or omission on the part of the
Consultant or Consultant’s sub-contractors, employees, agents or sub-
contractors during the performance of this Agreement. Such indemnification
shall not be limited by reason of the enumeration of any insurance coverage
herein provided. This provision shall survive completion, expiration, or
termination of this Agreement.
Nothing contained herein shall be construed as prohibiting the City, or its
officers, agents, or employees, from defending through the selection and use
of their own agents, attorneys, and experts, any claims, actions or suits
brought against them. The Consultant shall be liable for the costs, fees, and
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expenses incurred in the defense of any such claims, actions, or suits. Nothing
herein shall be construed as a limitation or waiver of defenses available to the
City and employees and agents, including but not limited to the Illinois Local
Governmental and Governmental Employees Tort Immunity Act, 745 ILCS
10/1-101 et seq.
At the City Corporation Counsel’s option, Consultant must defend all suits
brought upon all such Losses and must pay all costs and expenses incidental
to them, but the City has the right, at its option, to participate, at its own cost,
in the defense of any suit, without relieving Consultant of any of its obligations
under this Agreement. Any settlement of any claim or suit related to this
Agreement by Consultant must be made only with the prior written consent of
the City Corporation Counsel, if the settlement requires any action on the part
of the City.
To the extent permissible by law, Consultant waives any limits to the amount
of its obligations to indemnify, defend, or contribute to any sums due under
any Losses, including any claim by any employee of Consultant that may be
subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or
any other related law or judicial decision, including but not limited to, Kotecki v.
Cyclops Welding Corporation, 146 Ill. 2d 155 (1991). The City, however, does
not waive any limitations it may have on its liability under the Illinois Workers
Compensation Act, the Illinois Pension Code or any other statute.
Consultant shall be responsible for any losses and costs to repair or remedy
work performed under this Agreement resulting from or arising out of any act
or omission, neglect, or misconduct in the performance of its Work or its sub-
consultants’ work. Acceptance of the work by the City will not relieve the
Consultant of the responsibility for subsequent correction of any such error,
omissions and/or negligent acts or of its liability for loss or damage resulting
therefrom. All provisions of this Section shall survive completion, expiration, or
termination of this Agreement.
L. Insurance. Consultant shall carry and maintain at its own cost with such
companies as are reasonably acceptable to City all necessary liability
insurance (which shall include as a minimum the requirements set forth below)
during the term of this Agreement, for damages caused or contributed to by
Consultant, and insuring Consultant against claims which may arise out of or
result from Consultant’s performance or failure to perform the Services
hereunder: (1) worker’s compensation in statutory limits and employer’s
liability insurance in the amount of at least $500,000, (2) comprehensive
general liability coverage, and designating City as additional insured for not
less than $3,000,000 combined single limit for bodily injury, death and property
damage, per occurrence, (3) comprehensive automobile liability insurance
covering owned, non-owned and leased vehicles for not less than $1,000,000
combined single limit for bodily injury, death or property damage, per
occurrence, and (4) errors and omissions or professional liability insurance
respecting any insurable professional services hereunder in the amount of at
least $1,000,000. Consultant shall give to the City certificates of insurance for
all Services done pursuant to this Agreement before Consultant performs any
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Services, and, if requested by City, certified copies of the policies of insurance
evidencing the coverage and amounts set forth in this Section. The City may
also require Consultant to provide copies of the Additional Insured
Endorsement to said policy (ies) which name the City as an Additional Insured
for all of Consultant’s Services and work under this Agreement. Any
limitations or modification on the certificate of insurance issued to the City in
compliance with this Section that conflict with the provisions of this Section
shall have no force and effect. Consultant’s certificate of insurance shall
contain a provision that the coverage afforded under the policy(s) will not be
canceled or reduced without thirty (30) days prior written notice (hand
delivered or registered mail) to City. Consultant understands that the
acceptance of certificates, policies and any other documents by the City in no
way releases the Consultant and its sub-contractors from the requirements set
forth herein. Consultant expressly agrees to waive its rights, benefits and
entitlements under the “Other Insurance” clause of its commercial general
liability insurance policy as respects the City. In the event Consultant fails to
purchase or procure insurance as required above, the parties expressly agree
that Consultant shall be in default under this Agreement, and that the City may
recover all losses, attorney’s fees and costs expended in pursuing a remedy or
reimbursement, at law or in equity, against Consultant.
Consultant acknowledges and agrees that if it fails to comply with all
requirements of this Section, that the City may void this Agreement.
M. Confidentiality. In connection with this Agreement, City may provide
Consultant with information to enable Consultant to render the Services
hereunder, or Consultant may develop confidential information for City.
Consultant agrees (i) to treat, and to obligate Consultant’s employees to treat,
as secret and confidential all such information whether or not identified by City
as confidential, (ii) not to disclose any such information or make available any
reports, recommendations and /or conclusions which Consultant may make for
City to any person, firm or corporation or use the same in any manner
whatsoever without first obtaining City’s written approval, and (iii) not to
disclose to City any information obtained by Consultant on a confidential basis
from any third party unless Consultant shall have first received written
permission from such third party to disclose such information.
Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in
the possession of others whom the City has contracted with to perform a
governmental function are covered by the Act and subject to disclosure within
limited statutory timeframes (five (5) working days with a possible five (5)
working day extension). Upon notification from the City that it has received a
Freedom of Information Act request that calls for records within the
Consultant’s control, the Consultant shall promptly provide all requested
records to the City so that the City may comply with the request within the
required timeframe. The City and the Consultant shall cooperate to determine
what records are subject to such a request and whether or not any exemption
to the disclosure of such records or part thereof is applicable. Vendor shall
indemnify and defend the City from and against all claims arising from the
City’s exceptions to disclosing certain records which Vendor may designate as
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proprietary or confidential. Compliance by the City with an opinion or a
directive from the Illinois Public Access Counselor or the Attorney General
under FOIA, or with a decision or order of Court with jurisdiction over the City,
shall not be a violation of this Section.
N. Use of City’s Name or Picture of Property. Consultant shall not in the
course of performance of this Agreement or thereafter use or permit the use of
City’s name nor the name of any affiliate of City, nor any picture of or
reference to its Services in any advertising, promotional or other materials
prepared by or on behalf of Consultant, nor disclose or transmit the same to
any other party.
O. No Assignments or Sub-contracts. Consultant shall not assign or sub-
contract all or any part or its rights or obligations hereunder without City’s
express prior written approval. Any attempt to do so without the City’s prior
consent shall, at City’s option, be null and void and of no force or effect
whatsoever. Consultant shall not employ, contract with, or use the services of
any other architect, interior designer, engineer, consultant, special contractor,
or other third party in connection with the performance of the Services without
the prior written consent of City.
P. Compliance with Applicable Statutes, Ordinances and Regulations. In
performing the Services, Consultant shall comply with all applicable federal,
state, county, and municipal statutes, ordinances and regulations, at
Consultant’s sole cost and expense, except to the extent expressly provided to
the contrary herein. Whenever the City deems it reasonably necessary for
security reasons, the City may conduct at its own expense, criminal and driver
history background checks of Consultant’s officers, employees, sub-
contractors, or agents. Consultant shall immediately reassign any such
individual who in the opinion of the City does not pass the background check.
Q. Liens and Encumbrances. Consultant, for itself, and on behalf of all sub-
contractors, suppliers, materialmen and others claiming by, through or under
Consultant, hereby waives and releases any and all statutory or common law
mechanics’ materialmen’s’ or other such lien claims, or rights to place a lien
upon City property or any improvements thereon in connection with any
Services performed under or in connection with this Agreement. Consultant
further agrees, as and to the extent of payment made hereunder, to execute a
sworn affidavit respecting the payment and lien releases of all sub-contractors,
suppliers and materialmen, and a release of lien respecting the Services at
such time or times and in such form as may be reasonably requested by City.
Consultant shall protect City from all liens for labor performed, material
supplied or used by Consultant and/or any other person in connection with the
Services undertaken by consultant hereunder, and shall not at any time suffer
or permit any lien or attachment or encumbrance to be imposed by any sub-
consultant, supplier or materialmen, or other person, firm or corporation, upon
City property or any improvements thereon, by reason or any claim or demand
against Consultant or otherwise in connection with the Services.
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R. Notices. Every notice or other communication to be given by either party to
the other with respect to this Agreement, shall be in writing and shall not be
effective for any purpose unless the same shall be served personally or by
United States certified or registered mail, postage prepaid, addressed if to City
as follows: City of Evanston, 2100 Ridge Avenue, Evanston, Illinois 60201,
Attention: Purchasing Division and to Consultant at the address first above set
forth, or at such other address or addresses as City or Consultant may from
time to time designate by notice given as above provided.
S. Attorney’s Fees. In the event that the City commences any action, suit, or
other proceeding to remedy, prevent, or obtain relief from a breach of this
Agreement by Consultant, or arising out of a breach of this Agreement by
Consultant, the City shall recover from the Consultant as part of the judgment
against Consultant, its attorneys’ fees and costs incurred in each and every
such action, suit, or other proceeding.
T. Waiver. Any failure or delay by City to enforce the provisions of this
Agreement shall in no way constitute a waiver by City of any contractual right
hereunder, unless such waiver is in writing and signed by City.
U. Severability. In the event that any provision of this Agreement should be held
void, or unenforceable, the remaining portions hereof shall remain in full force
and effect.
V. Choice of Law. The rights and duties arising under this Agreement shall be
governed by the laws of the State of Illinois. Venue for any action arising out
or due to this Agreement shall be in Cook County, Illinois. The City shall not
enter into binding arbitration to resolve any dispute under this Agreement. The
City does not waive tort immunity by entering into this Agreement.
W. Time. Consultant agrees all time limits provided in this Agreement and any
Addenda or Exhibits hereto are of essence to this Agreement. Consultant
shall continue to perform its obligations while any dispute concerning the
Agreement is being resolved, unless otherwise directed by the City.
X. Survival. Except as expressly provided to the contrary herein, all provisions
of this Agreement shall survive all performances hereunder including the
termination of the Consultant.
VI. EQUAL EMPLOYMENT OPPORTUNITY
In the event of the Consultant’s noncompliance with any provision of Section 1-12-5
of the Evanston City Code, the Illinois Human Rights Act or any other applicable law,
the Consultant may be declared non-responsible and therefore ineligible for future
contracts or sub-contracts with the City, and the contract may be cancelled or voided
in whole or in part, and such other sanctions or penalties may be imposed or
remedies invoked as provided by statute or regulation.
During the performance of the contract, the Consultant agrees as follows:
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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.
VII. SEXUAL HARASSMENT POLICY
The Consultant certifies pursuant to the Illinois Human Rights Act (775 ILCS 5/2105
et. seq.), that it has a written sexual harassment policy that includes, at a minimum,
the following information:
A. The illegality of sexual harassment;
B. The definition of sexual harassment under State law;
C. A description of sexual harassment utilizing examples;
D. The Consultant’s internal complaint process including penalties;
E. Legal recourse, investigation and complaint process available through the
Illinois Department of Human Rights and the Human Rights Commission, and
directions on how to contact both; and
F. Protection against retaliation as provided to the Department of Human Rights.
VIII. CONSULTANT CERTIFICATIONS
A. Consultant acknowledges and agrees that should Consultant or its sub-
consultant provide false information, or fails to be or remain in compliance with the
Agreement, the City may void this Agreement.
B. Consultant certifies that it and its employees will comply with applicable
provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act,
the Americans with Disabilities Act (42 U.S.C. Section 1201 et seq.) and applicable
rules in performance under this Agreement.
C. If Consultant, or any officer, director, partner, or other managerial agent of
Consultant, has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or
a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Consultant
certifies at least five years have passed since the date of the conviction.
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D. Consultant certifies that it has not been convicted of the offense of bid rigging
or bid rotating or any similar offense of any State in the U.S., nor made any
admission of guilt of such conduct that is a matter of record. (720 ILCS 5/33 E-3, E-
4).
E. In accordance with the Steel Products Procurement Act, Consultant certifies
steel products used or supplied in the performance of a contract for public works shall
be manufactured or produced in the U.S. unless the City grants an exemption.
F. Consultant certifies that it is properly formed and existing legal entity, and as
applicable, has obtained an assumed name certificate from the appropriate authority,
or has registered to conduct business in Illinois and is in good standing with the
Illinois Secretary of State.
G. If more favorable terms are granted by Consultant to any similar governmental
entity in any state in a contemporaneous agreement let under the same or similar
financial terms and circumstances for comparable supplies or services, the more
favorable terms shall be applicable under this Agreement.
H. Consultant certifies that it is not delinquent in the payment of any fees, fines,
damages, or debts to the City of Evanston.
IX. INTEGRATION
This Agreement, together with Exhibits A, B, C, and D sets forth all the covenants,
conditions and promises between the parties with regard to the subject matter set
forth herein. There are no covenants, promises, agreements, conditions or
understandings between the parties, either oral or written, other than those contained
in this Agreement. This Agreement has been negotiated and entered into by each
party with the opportunity to consult with its counsel regarding the terms therein. No
portion of the Agreement shall be construed against a party due to the fact that one
party drafted that particular portion as the rule of contra proferentem shall not apply.
In the event of any inconsistency between this Agreement, and any Exhibits, this
Agreement shall control over the Exhibits. In no event shall any proposal or contract
form submitted by Consultant be part of this Agreement unless agreed to in a writing
signed by both parties and attached and referred to herein as an Addendum, and in
such event, only the portions of such proposal or contract form consistent with this
Agreement and Exhibits hereto shall be part hereof.
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IN WITNESS WHEREOF, the parties hereto have each approved and executed this
Agreement on the day, month and year first above written.
CONSULTANT: CITY OF EVANSTON
2100 RIDGE AVENUE
EVANSTON, IL 60201
By: ________________________ By:________________________
Luke Stowe
Its: ________________________ Its: City Manager
FEIN Number: _______________ Date: _______________________
Date: _______________________ Approved as to form:
By:
Alexandra B. Ruggie
Its: Interim Corporation Counsel
Revision: April 2021
Vice President
09/11/24
36-3853964 000 7
________
09 / 13 / 2024
Doc ID: 74e4c99fe11ab9ac5ce25cceec6e8673eb1b298b
EXHIBIT A – Project Milestones and Deliverables
This EXHIBIT A to that certain Consulting Agreement dated September 10, 2024 between
the City of Evanston, 2100 Ridge Avenue, Evanston, Illinois, 60201(“City”) and TERRA
Engineering, Ltd., 225 West Ohio Street, 4th Floor, Chicago, IL 60654 (“Consultant”) sets
forth the Commencement and Completion Date, Services, Fees, and Reimbursable
Expenses as follows:
I. COMMENCEMENT DATE: September 16, 2024
II. COMPLETION DATE: December 31, 2025
III. FEES: Not-to-Exceed $297,600.00
IV. SERVICES/SCOPE OF WORK:
As defined in the Request for Proposal (Exhibit B) and Consultant’s Response to
Proposal (Exhibit C) Dated: August 2, 2024.
Doc ID: 74e4c99fe11ab9ac5ce25cceec6e8673eb1b298b
Contract with TERRA Engineering, Ltd. for 2025 Projects...
2025_Services_Agr...for_Signature.pdf
74e4c99fe11ab9ac5ce25cceec6e8673eb1b298b
MM / DD / YYYY
Signed
09 / 13 / 2024
10:08:12 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
09 / 13 / 2024
10:18:22 UTC-5
Viewed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 24.13.226.57
09 / 13 / 2024
10:18:34 UTC-5
Signed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 24.13.226.57
09 / 13 / 2024
12:51:02 UTC-5
Viewed by Luke Stowe (lstowe@cityofevanston.org)
IP: 66.158.65.77
09 / 13 / 2024
12:51:22 UTC-5
Signed by Luke Stowe (lstowe@cityofevanston.org)
IP: 66.158.65.77
The document has been completed.09 / 13 / 2024
12:51:22 UTC-5