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HomeMy WebLinkAboutPipe View LLC- 2024 Small Diameter Sewer Cleaning (Bid #24-33) $143,933.20Page 1 of 1 Memorandum To: Luke Stowe, City Manager From: Paul Moyano, Senior Project Manager James Knuth, Civil Engineer II Subject: 2024 Small Diameter Sewer Cleaning Bid No. 24-33 Contractor Services Agreement Date: September 30, 2024 City Council authorized the City Manager to execute the construction contract for 2024 Small Diameter Sewer Cleaning with Pipe View LLC, DBA Pipe View America on September 23, 2024. The Contractor Services Agreement is attached for your signature. The original council memo and a copy of the council action are also attached for your reference. Please sign the Agreement and return to Paul Moyano. If you need any additional information, please contact Paul Moyano at x8217. Attachments: 1. Council Memo (for reference) 2. Council Action (for reference) 3. Agreement (for signature on Page 23 of the Agreement / Page 32 of the PDF) Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 Attachment 1 – Council Memo Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 Memorandum To: Honorable Mayor and Members of the City Council CC: Members of Administration and Public Works Committee From: Paul Moyano, Senior Project Manager CC: Edgar Cano, Public Works Agency Director; Lara Biggs, Capital Planning & Engineering Bureau Chief / City Engineer Subject: Approval of Contract Award with Pipe View, LLC for 2024 Small Diameter Sewer Cleaning (Bid No. 24-33) Date: September 23, 2024 Recommended Action: Staff recommends the City Council authorize the City Manager to execute an agreement with Pipe View, LLC DBA Pipe View America (13190 FM S 730, Azle, TX 76020) for 2024 Small Diameter Sewer Cleaning (Bid No. 24-33) in the amount of $143,933.20. Funding Source: This project's funding comes from the Sewer Fund (Account No. 515.40.4530.62461), which has an approved FY 2024 budget of $550,000, all of which is remaining. CARP: Green Infrastructure Council Action: For Action Summary: This contract includes sewer cleaning of approximately 76,400 feet of combined sewer main, 8-inch to 21-inch in diameter. A location map indicating where the work will take place is attached to this memo. The sewer mains to be cleaned were selected to support the Sewer Division’s Annual Sewer Cleaning Program, which has a goal of cleaning all City combined sewers every four years. This contract is expected to be completed by January 2025. Analysis: Bids for the subject project were opened and publicly read on Tuesday, August 27, 2024. Seven contractors submitted bids for this project, as summarized in the table below. A6.Page 96 of 274 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 Contractor Information: 1. See attached bid tabulation for a breakdown of the bids and alternates. The submitted bids cannot be withdrawn or canceled for sixty (60) calendar days following the bid opening or until October 26, 2024. James Knuth, Civil Engineer II, and Paul Moyano, Senior Project Manager, reviewed the bids. Pipe View, LLC is the lowest responsible bidder meeting the project specifications. Pipe View, LLC is utilizing Argo Construction, LLC as a subcontractor for this work. Argo Construction, LLC is both a Minority Business Enterprise (MBE) and a Disadvantaged Business Enterprise (DBE) and is to perform 25% of the work. The total contract amount is less than $250,000, so Local Employment Program (LEP) compliance does not apply to this contract. Pipe View, LLC successfully completed the 2023 Sewer Cleaning Project. The staff found their work satisfactory. Therefore, the staff recommends awarding the contract to Pipe View, LLC, for the full bid amount of $143,933.20. Attachments: Bid Tab Location Map Bid 24-33 Small Diameter Sewer Cleaning MWDEBE Memo Page 2 of 5 A6.Page 97 of 274 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 TOTAL UNITUNITUNITUNITUNITUNITUNITUNIT PRICEPRICEPRICEPRICEPRICEPRICEPRICEPRICEQUANTITY 80,994.60$2.8328,620LFSEWERS 8-IN TO 10-INCH IN DIAMETER, LIGHT CLEANING1 77,274.00$2.70$ 93,015.00$3.25$ 143,100.00$5.00$ 50,085.00$1.75$ 70,977.60$2.48$ 50,371.20$1.76$ 57,240.00$ $2.00 $ 105,120.00$2.8836,500LFSEWERS 12-IN TO 16-INCH IN DIAMETER, LIGHT CLEANING2 147,825.00$4.05$ 136,875.00$3.75$ 162,425.00$4.45$ 63,875.00$1.75$ 100,375.00$2.75$ 64,240.00$1.76$ 78,475.00$ $2.15 $ 40,946.40$3.6311,280LFSEWERS 18-IN TO 24-INCH IN DIAMETER, LIGHT CLEANING3 45,684.00$4.05$ 45,120.00$4.00$ 59,220.00$5.25$ 33,840.00$3.00$ 38,352.00$3.40$ 27,072.00$2.40$ 50,760.00$4.50$ $ 227,061.00 270,783.00$ 275,010.00$ 364,745.00$ 147,800.00$ 209,704.60$ 141,683.20$ $ 186,475.00$ 375.00$0.251,500LFSEWERS 8-IN TO 10-INCH IN DIAMETER, HEAVY CLEANING4 12,000.00$8.00$ 4,500.00$3.00$ 7,500.00$5.00$ 2,625.00$1.75$ 1,275.00$0.85$ 750.00$0.50$ $ 150.00$0.10 $ 750.00$0.501,500LFSEWERS 12-IN TO 16-INCH IN DIAMETER, HEAVY CLEANING5 18,000.00$12.00$ 4,500.00$3.00$ 12,000.00$8.00$ 2,625.00$1.75$ 1,575.00$1.05$ 750.00$0.50$ $ 150.00$0.10 $ 1,500.00$1.001,500LFSEWERS 18-IN TO 24-INCH IN DIAMETER, HEAVY CLEANING6 22,500.00$15.00$ 4,500.00$3.00$ 15,000.00$10.00$ 10,500.00$7.00$ 4,500.00$3.00$ 750.00$0.50$ $ 1,500.00$1.00 $ 2,625.00 52,500.00$ 13,500.00$ 34,500.00$ 15,750.00$ 7,350.00$ 2,250.00$ $ 1,800.00$ $143,933.20$217,054.60$163,550.00$399,245.00$288,510.00$323,283.00$229,686.00 $188,275.00 ENGINEER'S ESTIMATE Sheridan PlumbingLenny Hoffman ExcavatingGrit Pipe Solutions Comprehensive Construction Services NAME AND ADDRESS OF BIDDERS Pipe View, LLC DBA Pipe View America 13190 FM S 730 Azle, TX 76020 ITEM NUMBER UNITITEM 1635 W Belmont Ave Ste 5400 W Elm St Ste 204703 Chicago, IL 60657 McHenry, IL 60050 TOTALTOTALTOTALTOTAL National Power Rodding 2500 W Arthington St Chicgao, IL 60612 TOTAL BASE BID SUBTOTAL ALTERNATE BID SUBTOTAL TOTAL BID Chicagoland Trenchless Rehab 7400 Waukegan Rd, Ste 101 Niles, IL 60714 TOTALTOTALTOTAL 5842 W Montrose Ave6754 W 74th St Bedford Park, IL 60638 Chicago, IL 60634 1 of 1 CITY OF EVANSTON TABULATION OF BIDS FOR 2024 Sewer Cleaning BID NO: 24-33Page 3 of 5A6.Page 98 of 274Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 McCORMICK BLVDS HE R I DAN R DPARK PL ASHLAND AVEDODGE AVEHURD AVEGIRARD AVELEE STOAK AVESHERIDAN PL RIDGE CTG REE N B A Y R D THAYER ST PRATT CTGRANT JENKS ST HAVEN ST PAYNE ST LEON PL P O PL A R A V E GREY AVEHARRISON ST PRAIRIE AVE REBA PL COLFAX ST LEMAR AVEMARCY AVEDAVIS ST MAPLE AVEHARTZELL ST LIBRARY PL SIMPSON ST CLYDE AVEBROWN AVEGREELEYPITNER ALYLAUREL AVEHINMAN AVEDEWEY AVEEWING AVECOWPER AVEKIRK STHOVLAND CTJUDSON AVEGARRETT PLARBORLN FOREST AVEINGLESIDE PK GREY AVEST. MARK'S CTEMERSON ST CAMPUS DRSHERMAN AVEWILDER ST MILBURN PKGARRISON AVETHELIN CT FOREST PLASBURY AVEMICHIGAN AVEWESLEY AVELELAND AVECENTRAL ST CALLAN AVERIDGE TER HULL TER HO WARD ST ISABELLA ST GROSS POINT RDCUSTER AVEEMERSON ST LYONS ST FOWLER AVECLARK ST DARROW AVEPIONEER RDHASTINGS AVEHARTREY AVEBRUMMEL STPRINCETON AVEPROSPECT AVEHAMLIN ST PAYNE ELM AVECASE PLRIDGEWAY AVEMULFORD ST MICHIGAN AVELAWNDALE AVECHURCH ST CRAIN S T DEMPSTER STJACKSON AVEKEDZIE ST CLINTON PL McDANIEL AVEELMWOOD AVESEWARD ST R OS LYN PL E A ST R AILR O A D A V E FLORENCE AVEBENSON AVESHERMAN PLCULVER FORESTVIEW RDMARTHA LNHAWTHORNE LN WADE CT BROWN AVECROFT LN COLFAX TER BROWNGREYBRIDGE ST CALVIN CIR BROWN AVERICHMOND AVENORMANDY PL WOODLAND RD ELINOR PL KEENEY ST SOUTH BLVD HAMILTON ST GREENWOOD ST UNIVERSITY PLREESE AVEAU TOBAR N PL GAFFIELD PLLINCOLNWOOD DRCRAWFORD AVELEONARD PLCENTRAL PARK AVEBENNETT AVEMADISON PL BR ADLEY PL GREENLEAF STWALNUT AVEROSALIE ST BURNHAM PL WARREN STLIVINGSTON WASHINGTON ST CLEVELAND ST MONTICELLO PL NATHA NIEL PL HARVARD TERWOODBINE AVEMAPLE AVEDOBSO N STDEWEY AVEDARROW AVEDEWEY AVEINGLESIDE PL RIDGE AVEASBURY AVEFOWLER AVEHARTREY AVECASE ST SOUTH BLVD ASHLAND AVESHERMAN AVELYONS ST STEWART AVEMARCY AVEWELLINGTON CTCLEVE LAND ST MONROE ST LINDEN PL LAKE SHORE BLVDKNO X CIRHILLSIDE LN TRINITY CT SHERI DAN SQEDGEMERE CTG REE N B A Y R D GARNETT PL CENTRAL ST HARRISON RIDGEAVEPAYNE ST WESLEY AVECHUR CH ST HARTZELL ST P R AIRIE A V E DODGE AVEOA KTO N ST SOUTH BLVD CRAINMcDANIEL AVEPITNER AVELEE ST ASHLAND AVEGROV E ST FOSTE R ST ASBURY AVEBARTON AVEGRANT ST BRYANT AVEJUDSON AVESHERMAN AVECOLFAX ST ISABELLA ST DAVIS ST MAIN ST RIDGE AVEASBURY AVET H A Y E R C T THAYER ST ISABELLA ST HAYES DARTMOUTH PL COLFAX PL THAYERTHAYERST C R A W F O R D LINCOLNWOOD DRLIVINGSTON ST CHANCELLOR ST CHANCELLORLIVINGSTON MILBURN ST LAKESIDE CT EUCLIDPARK PL WESLEYN O R W O O D C TLYONS ST GREY AVEDEWEY AVEPAYNE ST MAIN STDODGE AVECENTRAL ST McDANIEL AVEEWING AVESHERIDAN RDBRUMMEL STPITNER AVELINCOLN ST HI NMAN AVESEWARD ST WESLEY AVECENTRAL ST KEENEY ST RI DGE AVEOAK AVEJACKSONSHERMAN AVEDOBSON ST LINCOLN ST SEWARD S TDARROW AVEGREY AVEPARK PL NO YES S T LAKE ST THAYER ST WASHINGTON S T LAKE STMcDANIEL AVEBROWN AVEAUSTIN STASHLAND AVEWESLEY AVETECH DR NOYES CTHAMPTON PKYOTTO LNBERNARD PLMEADOW-LARK LNRIDGE AVEELGIN RD ELMWOOD AVECOLFAX ST HINMAN AVESIMPSON ST WESLEY AVEOAKTON ST SHERI DAN RDSHERIDAN RD DEMPSTE R S T GREY AVELEE ST SIMPSON ST CHI CAGO AVECHI CAGO AVEBENNETT AVEMADISON ST KEENEY STOAKRIDGE AVESHERIDAN RDGRANT ST ASBURY AVEGROVE ST ELGIN RD FLORENCE AVEFOREST AVEDODGE AVEFOSTER ST MULFORD S T GRE ENLEAF ST HILLSIDE RD HARTREY AVEHARTREY AVEGREY AVEARNOLD PLPITNER AVELINCOLN ST McCORM ICK BLVDFOSTER STGREENWOOD ST CALLANPARK PL JUDSON AVENOYES ST DARROW AVEASHLAND AVEHARRISON ST HOWARD ST NOYES G L E N V IE W R D PRINCETONCLIFFORD ST HIGHLAND AVELAWNDALE AVEDARTMOUTH PL A R TSC IR C LE D RORRINGTON AVEEASTWOOD AVEBROADWAY AVEWASH INGTON ST NORTHWESTERNPL DRYDEN PL CLARK ST NORTH SHORE CHANNELNORTH SHORE CHANNELLAKEMICHIGAN700400 500300600 800200 900 1002600 1700 310012001900 1000 130014002200 2300 11001800280015003600 20002400 2700 34002100 250029001600300032003300 300600 2800 1900 1000 2700 400 2500 1400 800 1700 1600 700220024001400 200500 140020023002000 700 8002600 1200 22001500 16001200100 150013001002900190010005002100 220024001100 1100 2001300 28001000120026001500 2300 1800 2000700 300 900600400240025002000 13001800 300 800 6001100100 500 25002700 1600 17003500260017001800900190090021002300210040038003700Project Segments Main Road Local Street Railroad Water City Boundary 0 0.5 10.25 Mile 1:31,680 1 inch = 0.5 mile City of Evanston - Location Map2024 Sewer Cleaning Contract 09/10/2024 This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. 2024_SewerCleaningOverview ´ Page 4 of 5 A6.Page 99 of 274 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 Attachment 2 – Council Action Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 Page 4 ACTIONS September 23,2024 Item Item Description Motion Disposition A6. Approval of Contract Award with Pipe View,LLC for 2024 Small Diameter Sewer Cleaning (Bid No.24-33) Staff recommends the City Council authorize the City Manager to execute an agreement with Pipe View, LLC DBA Pipe View America (13190 FM S 730,Azle, TX 76020)for 2024 Small Diameter Sewer Cleaning (Bid No.24-33)in the amount of $143,933.20.This project's funding comes from the Sewer Fund (Account No.515.40.4530.62461),which has an approved FY 2024 budget of $550,000,all of which is remaining. Approved on Consent Agenda for Action A7. Approval of a FY 2025 One-Year Contract Renewal with ParkHub for Parking Data Reporting and Analysis Service Staff recommends that the City Council authorize the City Manager to enter into a one-year contract renewal with ParkHub (255 North California Avenue, Chicago,IL 60612)for $58,537 to continue analyzing and reporting parking data through their Smarking Business Intelligence Platform.The cost of this service remains the same as the previous contract. The contract terms begin April 1,2025,and end March 31,2026. Funding for this contract will be split across three (3) Parking Systems Fund accounts:Church Street Garage,Service Agreements/Contract (Account 505.19.7025.62509),Sherman Garage,Service Agreements/Contracts (Account 505.19.7036.62509), and Maple Garage,Service Agreements/Contracts (Account 505.19.7037.62509).The FY 2025 budgets have not been determined or approved by the City Council. Approved for Action 7-0 Ayes:Kelly,Reid, Geracaris ,Harris, Suffredin,Revelle,Wynne Absent:Nieuwsma, Burns Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 Attachment 3 - Agreement Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 i CONTRACTOR SERVICES AGREEMENT The parties referenced herein desire to enter into an agreement for professional services for 2024 Small Diameter Sewer Cleaning (BID #24-33) 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 Pipe View LLC, DBA Pipe View America, with offices located at 13190 FM S 730 Azle, Texas 76020, (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 $143,933.20. Revision March 2020 Bid #24-33 2024 Small Diameter Sewer Cleaning 1 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 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 ...................................................................... 10 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 ................................................................................................................. 18 21 Ownership of Contract Documents ................................................................................... 19 22 Notice ................................................................................................................................ 19 23 Severability ....................................................................................................................... 19 24 Execution of Agreement ................................................................................................... 19 25 Counterparts ...................................................................................................................... 19 26 Authorizations ................................................................................................................... 20 27 Time of Essence ................................................................................................................ 20 Bid #24-33 2024 Small Diameter Sewer Cleaning 2 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 RECITALS WHEREAS, the City intends to retain the services of a qualified and experienced contractor for the following: Light cleaning of approximately 76,400 feet of combined sewer main, 8-inch to 24-inch in diameter. WHEREAS, this Agreement shall include the following documents which are attached hereto: a) City of Evanston Bid 24-33 attached as Exhibit A. b) Contractor’s response to Bid 24-33, attached as Exhibit B. c) Any sub-contractor sub-contracts related to this Agreement, attached as Exhibit C. 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, Bid #24-33 2024 Small Diameter Sewer Cleaning 3 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 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 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. Bid #24-33 2024 Small Diameter Sewer Cleaning 4 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 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 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. 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 Bid #24-33 2024 Small Diameter Sewer Cleaning 5 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 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 remains in effect. Bid #24-33 2024 Small Diameter Sewer Cleaning 6 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 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. 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; Bid #24-33 2024 Small Diameter Sewer Cleaning 7 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 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. Bid #24-33 2024 Small Diameter Sewer Cleaning 8 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 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 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 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. Bid #24-33 2024 Small Diameter Sewer Cleaning 9 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 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. Bid #24-33 2024 Small Diameter Sewer Cleaning 10 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 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. Bid #24-33 2024 Small Diameter Sewer Cleaning 11 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 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 outlined in the City’s Bid 24-33, 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 Bid #24-33 2024 Small Diameter Sewer Cleaning 12 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 that relates invoiced items to the Contractor’s response to Bid 24-33 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 waivers shall be on a form acceptable to the City. 8.6 All Project invoices shall be sent to: City of Evanston 2100 Ridge Avenue Bid #24-33 2024 Small Diameter Sewer Cleaning 13 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 Evanston, Illinois 60201 with a copy to: City of Evanston Public Works Agency Attn: Paul Moyano 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 by a Bid #24-33 2024 Small Diameter Sewer Cleaning 14 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 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 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 Bid #24-33 2024 Small Diameter Sewer Cleaning 15 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 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 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 Bid #24-33 2024 Small Diameter Sewer Cleaning 16 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 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 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 Bid #24-33 2024 Small Diameter Sewer Cleaning 17 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 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; 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. Bid #24-33 2024 Small Diameter Sewer Cleaning 18 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 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 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. Bid #24-33 2024 Small Diameter Sewer Cleaning 19 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 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 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 Bid #24-33 2024 Small Diameter Sewer Cleaning 20 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 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, Bid 24-33 Attn: Paul Moyano, Project Manager 555 Lincoln Street Evanston, Illinois 60201 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. 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. Bid #24-33 2024 Small Diameter Sewer Cleaning 21 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 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. Bid #24-33 2024 Small Diameter Sewer Cleaning 22 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 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: Corporation Counsel Revision: April 2021 Bid #24-33 2024 Small Diameter Sewer Cleaning 23 Tony Barger Director of Estimating 9/24/24 10 / 01 / 2024 Doc ID: 29cbf075f2c2996767ecdaf1866772cffcf51d55 Contract Award with Pipe View, LLC for 2024 Small Diameter... Bid_24-33_Agreement_for_Signature.pdf 29cbf075f2c2996767ecdaf1866772cffcf51d55 MM / DD / YYYY Signed 09 / 30 / 2024 16:11:36 UTC-5 Sent for signature to Alexandra Ruggie (aruggie@cityofevanston.org) and Luke Stowe (lstowe@cityofevanston.org) from lthomas@cityofevanston.org IP: 66.158.65.77 09 / 30 / 2024 18:43:35 UTC-5 Viewed by Alexandra Ruggie (aruggie@cityofevanston.org) IP: 24.13.226.57 09 / 30 / 2024 18:43:46 UTC-5 Signed by Alexandra Ruggie (aruggie@cityofevanston.org) IP: 24.13.226.57 10 / 01 / 2024 05:58:29 UTC-5 Viewed by Luke Stowe (lstowe@cityofevanston.org) IP: 76.136.85.191 10 / 01 / 2024 05:59:14 UTC-5 Signed by Luke Stowe (lstowe@cityofevanston.org) IP: 76.136.85.191 The document has been completed.10 / 01 / 2024 05:59:14 UTC-5