HomeMy WebLinkAboutContract- MKSK Inc. - Evanston Environmental Equity Investigation RFP #24-15 $149,500 Memorandum
To: Honorable Mayor and Members of the City Council
CC: Members of Administration and Public Works Committee
From: Cara Pratt, Sustainabilty and Resilence Coordinator
Subject: Approval of a Contract with MKSK, Inc. for the Evanston
Environmental Equity Investigation (RFP 24-15)
Date: July 22, 2024
Recommended Action:
Staff recommends the City Council authorize the City Manager to execute an agreement with
MKSK, Inc. (3057 North Rockwell Street, Chicago, Illinois 60618) in the amount of $149,500
to conduct a communitywide Environmental Equity Investigation.
Funding Source:
The funding source is the 2024 Capital Improvements Plan - Studies (415.40.4124.62180)
with a 2024 budget of $150,000, all of which is remaining.
CARP:
Community Networks, Vulnerable Populations, Implementation, Accountability, &
Partnerships
Council Action:
For Action
Summary:
According to the RFP, the consultant will provide deliverables including:
A report documenting the robust community outreach and engagement process and
conclusions.
A comprehensive review and analysis of City of Evanston ordinances, codes, policies,
practices, and processes to evaluate procedural environmental justice (EJ).
A comprehensive review and analysis on distributive justice with a focus on future
scenarios across time, space, and demographics.
A comparative review of EJ legislation in addition to policies and ordinances in other
cities with similar goals, highlighting selected elements that may be applicable to
Evanston.
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A final report of recommendations and proposed solutions including interactive maps
and storyboards.
Primary data that was found throughout this investigation, so that it may be housed
and referenced for future work.
The selected consultant will also ensure that recommendations delineate short—and long-
term tangible solutions, including programmatic and legislative changes that incorporate
climate resilience. They will also ensure that recommendations speak to preserving housing
affordability and mitigating gentrification.
The proposal review team consisted of:
Kirsten Drehobl, Sustainability & Resilience Specialist
Sarah FioRito, Transportation & Mobility Coordinator
John Gonzalez/Linda Thomas, Purchasing Specialist
Benjamin Martin, Sustainability & Resilience Specialist
Kristin Meyer, Management Analyst
Cara Pratt, Sustainability & Resilience Manager
Cade Sterling, Planner
The aforementioned staff reviewed and scored the five responses (a detailed table of prices
and scores is below). After a review of the proposals, a smaller staff team held interviews
with four of the five respondents in order to better understand the dynamics of the project
team.
Proposal pricing is as follows:
Firm Cost
GreaterGood $192,650
MKSK $149,500
MUSE $214,965
OpenBox $247,803
RHP $150,000
The five proposals were scored as follows:
Firm Qualifications
& Expertise Project
Approach Project
Team Price
Organization
&
Completeness
of Proposal
Willingness
to Execute
the City of
Evanston’s
Professional
Services
Agreement
MWDEBE Interview Total
GreaterGood 10 12 6 9 7 10 20 5 79
MKSK 12 15 7 11 8 10 20 16 99
MUSE 12 15 7 8 8 5 20 8 83
OpenBox 12 16 8 6 8 10 4 20 84
RHP 10 7 6 10 4 10 0 0 47
Staff recommends awarding the contract to MKSK for the following reasons:
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MKSK provided the most complete and comprehensive proposal
MKSK's pricing was the most competitive
MKSK's interview and project approach was impressive to the staff review team
Background
In late 2018, the Evanston City Council approved the Climate Action and Resilience Plan
(CARP), which calls for carbon neutrality by 2050, among other goals. In 2019, the City,
community members, and partners began implementing many of CARP's over 140 actions.
In September 2020, the City of Evanston adopted 72-R-20, “A Resolution to Support
Environmental Justice." The Resolution acknowledges that “to fully embrace the change
necessary to move our community forward, it is necessary to recognize and acknowledge
[Evanston’s] own history of discrimination and racial injustice; to recognize the
disproportionate and negative impacts of redlining and past city policies, institutional racism,
social inequities, which created an unequal distribution of environmental assets,
environmental hazards and health risks.” The Resolution "establishes the City of
Evanston’s of consideration active ensure tojusticeenvironmental for policy (EJ)
in practices, policies, participation City meaningful and justice environmental public
procedures, and other decision-making.” It further provides that “the City will incorporate
environmental justice into City of Evanston ordinances, codes, policies, and processes.”
In June 2022, the City released the EPLAN (Evanston Process for the Local Assessment of
Needs), a community health assessment and planning document designed to identify and
prioritize Evanston’s most pressing health needs. This document serves as a call to action
for “a healthier and more just future for everyone.” The EPLAN acknowledges “the extent of
inequity present in our community, and the role racism has played in perpetuating injustice
and poor health” and works to “articulate the ways that health and quality of life are not
experienced equally throughout our community.” The EPLAN highlights a significant life
expectancy disparity between communities in Evanston based on income and race, with a
positive correlation (decreased life expectancy) with redlining. The plan calls for looking
“carefully at the state of health, quality of life, and distribution of opportunities across our city”
and for broad public participation and commitment of the entire community.
To implement the EJ Resolution and to address the EPLAN report, the City of Evanston,
with the assistance of Climate Action Evanston/Environmental Justice Evanston and other
local organizations, has committed to complete an Environmental Equity Investigation (EEI).
The of causes including justice, proceduralthe distributional document will EEI and
environmental injustices in Evanston.
Legislative History:
In September 2020, the City of Evanston adopted 72-R-20, "A Resolution to Support
Environmental Justice."
Attachments:
RFP 24-15 Environmental Equity Investigation MWDEBE Memo Final
Request for Proposal #24-15 for Evanston Environmental Equity Investigation_MKSK
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CITY OF EVANSTON
PROFESSIONAL SERVICES AGREEMENT
The parties referenced herein desire to enter into an agreement for professional
services for
Callan Plaza Plan, Engagement, Design, and Implementation
(“the Project”)
RFP Number: 24-15
THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this
___ day of _August 412_, 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 MKSK, with offices located at 3057 North
Rockwell Street, Chicago, IL 60618, (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 $149,500 and $7,500 in reimbursables.
I. COMMENCEMENT DATE
Consultant shall commence the Services no later than fourteen (14) DAYS
AFTER City executes and delivers this Agreement to Consultant.
II. COMPLETION DATE
Consultant shall complete the Services within 365 days. 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
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City shall pay Consultant those fees as provided here: Payment shall be
made upon the completion of each task for a project, as set forth in Exhibit
A – Project Milestones and Deliverables. Any expenses in addition to those
set forth here must be specifically approved by the City in writing in
advance.
IV. DESCRIPTION OF SERVICES
Consultant shall perform the services (the “Services”) set forth here: Services are
those as defined in Exhibit A, the City’s Request for Proposal No. # 24 -25 (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 re gulations 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
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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 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.
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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 A greement
as outlined in Paragraph E of this section.
E. Termination. City may, at any time, with or without cause, terminate this
Agreement upon seven (7) days written notice to 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 to 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
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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, 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,
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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 limit ation, 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
liability, losses, or damages as a result of claims, demands, suits, actions,
or proceedings, including but not limited to costs, and fees, including
reasonable attorney’s fees, judgments or settlements, to the extent they are
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 for a period of five
(5) years.
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
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 n ot 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 suits
brought upon such Losses and must pay costs and expenses incidental to
them, if proven liable, 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 agrees to indemnify, defend,
or contribute to sums due under Losses, including claim s by an employee
of Consultant that may be subject to the Illinois Workers Compensation Act,
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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 for a period of five (5) years.
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 $3,000,00 0 combined single limit for
bodily injury, death and property damage, per occurrence, (3)
comprehensive automobile liability insurance covering owned, non -owned
and leased vehicles for not less than $1,000,000 combined single limit for
bodily injury, death or property damage, per occurrence, and (4) errors and
omissions or professional liability insurance respecting any insurable
professional services hereunder in the amount of at least $1,000,000.
Consultant shall give to the City certificates of insurance for all Services
done pursuant to this Agreement before Consultant performs any Services,
and, if requested by City, certified copies of the policies of insurance
evidencing the coverage and amounts set forth in this Section. The City may
also require Consultant to provide copies of the Additional Insured
Endorsement to said policy (ies) which name the City as an Additional
Insured for all of Consultant’s Services and work under this Agreement. Any
limitations or modification on the certificate of insurance issued to the City
in compliance with this Section that conflict with the provisions of this
Section shall have no force and effect. Consultant’s certificate of insurance
shall contain a provision that the coverage afforded under the policy(s) will
not be canceled or reduced without thirty (30) days prior written notice (hand
delivered or registered mail) to City. Consultant understands that the
acceptance of certificates, policies and any other documents by the City in
no way releases the Consultant and its sub-contractors from the
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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 c orporation 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 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
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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 per formance 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.
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
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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, but only if the Consultant
is found liable.
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 schedules provided in this Agreement and any
Addenda or Exhibits hereto are important and will endeavor to meet the
schedule of 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 for a period of five (5) years.
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
Doc ID: 57e7e139ea15f0e5273f633474eaccccf48ff5ec
or voided in whole or in part, and such other sanctions or penalties may be imposed
or remedies invoked as provided by statute or regulation.
During the performance of the contract, the Consultant agrees as follows:
A. That it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, marital status,
national origin or ancestry, or age or physical or mental 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 5/2 -
105 et. seq.), that it has a written sexual harassment policy that includes, at a
minimum, the following information:
A. The illegality of sexual harassment;
B. The definition of sexual harassment under State law;
C. A description of sexual harassment utilizing examples;
D. The Consultant’s internal complaint process including penalties;
E. Legal recourse, investigation and complaint process available through the
Illinois Department of Human Rights and the Human Rights Commission, and
directions on how to contact both; and
F. Protection against retaliation as provided to the Department of Human Rights.
VIII. CONSULTANT CERTIFICATIONS
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
Doc ID: 57e7e139ea15f0e5273f633474eaccccf48ff5ec
Act, the Americans with Disabilities Act (42 U.S.C. Section 1201 et seq.) and
applicable rules in performance under this Agreement.
C. If Consultant, or any officer, director, partner, or other managerial agent of
Consultant, has been convicted of a felony under the Sarbanes-Oxley Act of 2002,
or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Consultant
certifies at least five years have passed since the date of the conviction.
D. Consultant certifies that it has not been convicted of the offense of bid
rigging or bid rotating or any similar offense of any State in the U.S., nor made any
admission of guilt of such conduct that is a matter of record. (720 ILCS 5/33 E-3,
E-4).
E. In accordance with the Steel Products Procurement Act, Consultant certifies
steel products used or supplied in the performance of a contract for public works
shall be manufactured or produced in the U.S. unless the City grants an exemption.
F. Consultant certifies that it is properly formed and existing legal entity , and
as applicable, has obtained an assumed name certificate from the appropriate
authority, or has registered to conduct business in Illinois and is in good standing
with the Illinois Secretary of State.
G. If more favorable terms are granted by Consultant to any 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 proposa l 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
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Addendum, and in such event, only the portions of such proposal or contract form
consistent with this Agreement and Exhibits hereto shall be part hereof.
IN WITNESS WHEREOF, the parties hereto have each approved and executed this
Agreement on the day, month and year first above written.
CONSULTANT: CITY OF EVANSTON
2100 RIDGE AVENUE
EVANSTON, IL 60201
By: ________________________ By:________________________
Luke Stowe
Its: ________________________ Its: City Manager
FEIN Number: _______________ Date: _______________________
Date: _______________________ Approved as to form:
By:
Alexandra B. Ruggie
Its: Corporation Counsel
Revision: April 2021
October 25, 2024
83-2731940
Chief Financial Officer
Thomas Porto Digitally signed by Thomas Porto
Date: 2024.10.25 14:41:19 -04'00'
11 / 08 / 2024
Doc ID: 57e7e139ea15f0e5273f633474eaccccf48ff5ec
Approval of a Contract with MKSK, Inc. for the Evanston...
Extracted_p...l_Equit.pdf and 1 other
57e7e139ea15f0e5273f633474eaccccf48ff5ec
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Signed
11 / 08 / 2024
09:46:11 UTC-6
Sent for signature to Alexandra Ruggie
(aruggie@cityofevanston.org) and Luke Stowe
(lstowe@cityofevanston.org) from lthomas@cityofevanston.org
IP: 66.158.65.77
11 / 08 / 2024
11:00:41 UTC-6
Viewed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 24.13.226.57
11 / 08 / 2024
11:00:54 UTC-6
Signed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 24.13.226.57
11 / 08 / 2024
11:06:02 UTC-6
Viewed by Luke Stowe (lstowe@cityofevanston.org)
IP: 66.158.65.77
11 / 08 / 2024
11:06:15 UTC-6
Signed by Luke Stowe (lstowe@cityofevanston.org)
IP: 66.158.65.77
The document has been completed.11 / 08 / 2024
11:06:15 UTC-6