21-29 Lead Service Line Replacement Plan and Pilot Implementation

1 Revised 10-20 (09-17) CITY OF EVANSTON REQUEST FOR PROPOSAL NUMBER: 21-29 For LEAD SERVICE LINE REPLACEMENT PLAN AND PILOT IMPLEMENTATION June 17, 2021 PROPOSAL DEADLINE: 2:00 P.M., July 27, 2021 MANDATORY VIRTUAL PRE-PROPOSAL MEETING: 1:00 P.M., June 28, 2021 (Firms must contact Jillian Ostman at jostman@cityofevanston.org by 3:00 P.M. Friday June 25, 2021 to receive access information for the mandatory pre- bid meeting) ELECTRONIC BID SUBMITTAL: Bid responses will only be accepted electronically via E-bidding through DemandStar (WWW.DEMANDSTAR.COM) It is highly recommended that new DemandStar users complete the account setup process prior to project due date/time. mailto:jostman@cityofevanston.org https://network.demandstar.com/ 2 Revised 10-20 (09-17) TABLE OF CONTENTS Notice

to Proposers ................................................................................................. 3 1.0 Introduction ...................................................................................................... 4 2.0 Scope of Services ........................................................................................... 10 3.0 Insurance ......................................................................................................... 21 4.0 Submittal Requirements .................................................................................. 22 5.0 Additional Submittal Requirements ................................................................. 23 6.0 M/W/EBE Goals .............................................................................................. 23 7.0 Evaluation Criteria ........................................................................................... 24 8.0 Selection Process ............................................................................................ 25 9.0 Proposed Schedule ......................................................................................... 25 10.0 Questions Regarding RFP ............................................................................... 26 11.0 General Terms and Conditions ........................................................................ 26 Price/Costs Form ....................................................................................................... 31 RETURN ALL EXHIBITS WITH RFP Exhibit A – Disclosure of Ownership Interests ........................................................... 33 Exhibit B – Additional Information Sheet ................................................................... 36 Exhibit C – Conflict of Interest Form .......................................................................... 37 Exhibit D – Acknowledgement of Understanding....................................................... 39 Exhibit E – Anti-Collusion Affidavit and Proposer’s Certification ............................... 39 Exhibit F – City of Evanston M/W/EBE Policy ....................................................... 40 Exhibit G – M/W/EBE Participation Compliance Form ......................................... 41 Exhibit H – M/W/EBE Participation Waiver Request ............................................. 42 Exhibit I – M/W/EBE Assistance Organizations......................................................... 43 Exhibit J – Professional Services Agreement Acknowledgement .............................. 44 Exhibit J – Professional Services Agreement ............................................................ 45 Exhibit K – Bond Submittal Label .......................................................................... 58 Exhibit L – Firm Experience Table ............................................................................. 59 Exhibit M – Project Team Experience Table ............................................................. 60 E-BIDDING ATTACHMENTS DemandStar- E-bidding Instructions DemandStar- How to Register DemandStar- FAQ 3 Revised 10-20 (09-17) CITY OF EVANSTON NOTICE TO PROPOSERS Proposals will be received by the Purchasing Office until 2:00 P.M. local time on July 27, 2021. Effective immediately, the City of Evanston will no longer accept hard copy paper submittals for any solicitation. Responses will only be accepted electronically via E-bidding through DemandStar (www.demandstar.com). Although registration is required, vendors can download solicitations and upload responses for free. Proposals shall cover the following: LEAD SERVICE LINE REPLACEMENT PLAN AND PILOT IMPLEMENTATION RFP Number: 21-29 The City of Evanston’s Capital Planning and Engineering Bureau of the Evanston Public Works Agency is seeking proposals from experienced consultants for: Professional engineering services in support of the initiation of the City’s Lead Service Line Replacement (LSLR) Program. Engineering services to be provided include LSLR Program Development, Field Investigations, Design of Private Side LSLR Projects, Engineering Services During Construction of Private Side LSLR Projects and Project Management. A mandatory pre-bid meeting will be held virtually via Google Meet at 1:00 P.M. on Monday, June 28, 2021. All firms intending to submit a bid for this project are required to attend to discuss the proposed work and receive answers to questions related to the project. Firms must contact Jillian Ostman at jostman@cityofevanston.org by 3:00 P.M. Friday, June 25, 2021 to receive access information for the mandatory pre-bid meeting. The above item shall conform to the RFP on file in the Purchasing Office. Parties interested in submitting a proposal should contact the Purchasing Office to receive a copy of the RFP or see the City’s website at: www.cityofevanston.org/business/bids-proposals/ or Demandstar at: www.demandstar.com. The City of Evanston (City) in accordance with the laws of the State of Illinois, hereby notifies all firms that it will affirmatively ensure that the contract(s) entered into pursuant to this notice will be awarded to the successful firm without discrimination on the grounds of race, color, religion, sex, age, sexual orientation marital status, disability, familial status or national origin. The City of Evanston reserves the right to reject any or all submittals or to accept the submittal(s) deemed most advantageous to the City. The Evanston City Council also reserves the right to award the contract to an Evanston firm if that firm’s bid is within 5% of the low bid. Each Proposer shall be required to submit with his/her proposal a Disclosure of Ownership Interest Statement Form in accordance with Section 1-18-1 et seq. of the City Code. Failure to submit such information may result in the disqualification of such proposal. Any contract or contracts awarded under this request for proposals are expected to be funded in part by a loan from the Illinois Environmental Protection Agency (IEPA). This procurement is also subject to the City’s policy regarding the increased use of disadvantaged business enterprises (DBE). The City’s policy requires all consultants proposing to undertake specified affirmative efforts at least sixteen (16) days prior to bid opening. Requirements for compliance with the IEPA loan program for professional services contracts and DBE participation are included in the RFP and the attached Professional Services Agreement. Jillian Ostman Purchasing Specialist https://network.demandstar.com/ mailto:jostman@cityofevanston.org http://www.cityofevanston.org/business/bids-proposals/ http://www.demandstar.com/ 4 Revised 10-20 (09-17) CITY OF EVANSTON Request for Proposal 1.0 INTRODUCTION 1.1 Instructions to Proposers The City of Evanston is seeking a consultant to provide engineering services in support of the initiation of the City’s Lead Service Line Replacement (LSLR) Program. Engineering services to be provided include LSLR Program Development, Field Investigations, Design of Private Side LSLR Projects, Engineering Services During Construction of Private Side LSLR Projects and Project Management. The initial contract term desired is for a period of 590 days to complete LSLR Development (Tasks 1.1 through 1.3). During this time, Design and Construction of Private Side LSLR for 2020 Water Main Project (Tasks 3.1 through 3.7) will be completed. Additionally, Design of Private Side LSLR Pilot (Tasks 2.1 through 2.3) will be completed during this time. If funding becomes available for construction of Private Side LSLR Pilot, a Change Order will be executed to extend the contract time as needed to complete the construction. Contact with City personnel in connection with this RFP shall not be made other than as specified in this RFP. Unauthorized contact of any City personnel may be cause for rejection of a proposal. Prior to the submittal of a proposal, Proposers are advised to carefully examine  the contract documents  project scope and work tasks to be accomplished  specifications  submittal requirements  insurance requirements and required documentation Proposers are advised to become thoroughly familiar with all conditions, instructions and specifications governing this RFP. Proposals shall be made in accordance with these instructions. Proposals shall be submitted on the forms provided by the City. The City will not be liable in any way for any costs incurred by respondents in replying to this Request for Proposal. Any contract awarded under this request for proposals is expected to be funded in part by a loan from the Illinois Environmental Protection Agency (IEPA) State Revolving Fund (SRF). IEPA requirements for compliance with the SRF loan program for professional services contracts are included in the RFP and the attached Professional Services Agreement. 5 Revised 10-20 (09-17) 1.2 Background There is no detectable lead in the water produced by the City of Evanston’s water treatment plant. Lead enters the water from lead solder and/or lead pipes in water services or through plumbing fixtures. Lead and copper sampling is performed every three years in compliance with state law. The most recent samples were taken in June, July, and August of 2020. Water was sampled from 40 homes with full lead service lines. The 90th percentile level for lead in these samples was 5.8 parts per billion (ppb), below the action limit of 15 ppb. Although the Environmental Protection Agency (EPA) only requires 30 samples to be collected, the City voluntarily collected ten additional samples to allow for better geographical sampling. Within the last 25 years, the highest 90th percentile level for lead in the samples collected was 10 ppb, which occurred in 2002. The City has developed a service line material inventory that is publicly available as the Water Service Information Map. It can be accessed at https://bit.ly/3rH4Qnq. Through the website, information regarding both the public and private portions of the water service can be obtained. The material shown for the private portion of the water service line is derived from installation age, or when available, inspection data from the inside of the building. The material for the public portion is derived from installation age, or when available, work order or inspection data. Because the service line is buried, the material identified inside the building is a good indication of, but does not guarantee, the material along the entire buried service line. However, the data included in the City’s current LSLR inventory is adequate to begin planning the overall LSLR Program. The City-owned portion of the water service line is located from the water main to and including the service valve (i.e. curb stop or buffalo box) generally located in the parkway. The private side portion of the water service is from the service valve to the meter in the house. The responsibility of the water service lines is shown below on Figure 1. FIGURE 1 – Service Line Responsibility https://bit.ly/3rH4Qnq 6 Revised 10-20 (09-17) The City has a water main improvement program to replace 1%, or 1.5 miles, of the distribution system pipeline per year. The City currently replaces the City-owned portion of the service lines connected to the water mains replaced as part of the water main improvement program. The City’s water main improvement program is summarized in the City’s annual Report which can be accessed at https://bit.ly/3gZTTLl. The City has developed a Drinking Water Lead Reduction Initiative. Information about the initiative can be accessed at https://bit.ly/3ulVKNs. The initiative is composed of the following elements:  Lead Service Replacement Loan Program: In an effort to encourage and incentivize property owners to replace lead water service pipes during water main replacement work, the City is offering a zero interest loan to the property owner for the replacement of the customer owned lead service line (between the shutoff valve and the house). The loan is for the full plumbing cost and is repayable to the City at $100 per month.  Point of Use Filter Program: Under this Program, the City is offering a point-of- use filter pitcher and two replacement filter cartridges to those properties where partial or full lead service line replacements occur in conjunction with the annual Water Main Improvement Project.  Post Construction Lead Testing Program: Under this Program, the City is offering post construction lead testing approximately six weeks following full or partial lead service pipe replacements in conjunction with the annual Water Main Improvement Project. Additionally, the City will share the cost of replacing a lead service lines with property owners who are not impacted by a water main replacement project. Under this program, if the property owner replaces the private portion of the water service (from their home to the valve located in the parkway) at their own expense, the City will replace the portion of the water service from the valve to the water main located in the street at no additional expense to the property owner. On February 19, 2021, the City submitted a Project Plan to the IEPA SRF program to receive funding for the development of a LSLR Program and to complete replacement of approximately 365 private side lead service lines. Only the construction of the private side lead services in the Private Side LSLR Pilot described below is contingent on obtaining the loan. 1.3 Project Objectives The objective of the Lead Service Line Replacement Plan and Pilot Implementation is to develop a city-wide Lead Service Line Replacement Program (meeting the requirements of the State of Illinois Lead Service and Notification Act), and develop and apply the framework and standards to perform private side lead service line replacements in 2022. The City has developed the following two general groups of initial private side lead service replacements in 2022: http://bit.ly/3gZTTLl https://bit.ly/3ulVKNs 7 Revised 10-20 (09-17)  Private Side LSLR Pilot  2022 Water Main Project To define the Private Side LSLR Pilot, the City has prioritized Community Development Block Grant (CDBG) low and moderate income areas. For the 2022 Water Main Project, all public and private side lead services associated with the annually scheduled water main replacement will be replaced. A summary of the lateral counts for the two groups of LSLRs is provided in Table 1. The locations of the initial lead service line replacements is presented in Figure 2. There are a total of 397 private side lead services within the Private Side LSLR Pilot shown in Table 1. For the 2022 Water Main Project, in addition to the 4 private side lead services, the Consultant must also include replacement of the private side portion of the 178 full lead service lines. The total number of private side lead service line replacements to be considered as part of this project is approximately 547. However, to account for less than complete cooperation from property owners and community members, the effort included in this proposal should assume that up to 525 services (just over 90%) will be replaced as part of this project. Table 1 – Count of Lead Service Lines LSLR Group Full Lead Partial Lead - City Side Partial Lead - Private Side Lead Free Total Private Side LSLR Pilot 270 45 397* 143 855 2022 Water Main Project 178* 30 4* 23 235 Total 448 75 401 166 1,090 * Indicates LSL to consider for replacement as part of this project. NO RT H SH OR E C HA NN EL NO RT H S H ORE CH ANNE L LA K E MI C HI G A N Mc CO RM ICK BL VD SHERIDAN RD PARK PL ASH LAN D A VE DO DG E A VE HUR D A VE GIR AR D A VE LEE ST OAK AVE SHERIDAN PL RID GE CT GREEN BAY RD TH AYER ST PRA TT C T GRANT JENKS ST HAVEN ST PAYNE ST LEON PL POPLAR AVE GRE Y A VE HARRISON ST PRAIRIE AVE REBA PL COLFAX S T LEM AR AV E MARCY AVE DAVIS S T MA PLE AV E HARTZELL ST LIBRAR Y PL SIMPSON S T CLYDE AVE BRO W N AV E GR EEL EY PITN ER ALY LAU R EL AV E HIN MA N AV E DEW EY A VE EW ING AV E COWPER AVE KIRK S T HO VLA ND CT JUD SON A VE GARR ET T PLAR BORLN FORES T AVE INGLESIDE P K GR EY AV E ST. 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See www.cityofevanston.org/mapdisclaimers.html for more information. RFP.mxd ´ 1:31,680 1 inch = 0.5 mile Main Road Local Street Railroad Water City Boundary Legend 2022 Water Main Project Private Side LSLR Pilot 8 9 Revised 10-20 (09-17) 1.3.1 LSLR Program Development The LSLR Program will be the City’s long-term guide for complete replacement of all of the City’s water services containing lead. At a minimum, the Lead Service Line Replacement Program shall meet the requirements of the Illinois Lead Service Line Replacement and Notification Act. Any discussion of lead services in this RFP shall include galvanized services. The Program must include details related to the following elements: a. Lead Service Line Inventory – A review and documentation of the City’s existing Lead Service Line Inventory. b. LSLR Constructability Review – An evaluation of construction procedures, restoration requirements, and costs to conduct LSLRs. The evaluation will lead to standard design details, specifications, and guidelines for meeting the requirements of the LSLR Plan. The review will also address private property issues and permitting requirements. . c. LSLR Plan – A report meeting the requirements of the Illinois Lead Service Line Replacement and Notification Act, including the development of costs for the lifecycle of the program. 1.3.2 Design / Bidding Design will be developed for two bid packages; the complete bid package for the Private Side LSLR Pilot, and the design drawings and specification for the private side replacements to be incorporated into the City’s design for the 2022 Water Main Project. For both packages, the Consultant will develop a 50% design, 90% design, and final design for bidding. The Consultant will also provide bidding services associated with the LSLRs. While the LSLR Program described above may not be complete during design, the design will incorporate the guidelines developed under the LSLR Program development as possible. The Design for LSLR in private property will be based on an inspection of each property participating in the program, so that exterior and interior restoration requirements can be defined for the bid. The design effort will include all needed field investigations and public communication. 1.3.3 Construction Administration and Inspection The Consultant will lead construction administration and provide one full-time resident engineer for construction inspection services while the contractor is mobilized on site for the Private Side LSLR Pilot. The Consultant will be the primary contact for all residential communications for LSLR associated with the 2022 Water Main Project. The final scope and budget for Construction Administration and Construction Services will be negotiated and authorized upon completion of the design and based on the final construction scope. This proposal will be evaluated based on the scope described in the Scope of 10 Revised 10-20 (09-17) Services, assuming a seven-month construction duration with contractors mobilized for four months for each of the two construction projects. 1.3.4 Project Management The Consultant will manage the scope, schedule, budget, and quality of the work, maintaining regular communication with City staff. The Consultant will support the City’s efforts for obtaining a loan from the IEPA SRF by assuring compliance with loan rules and regulations during design and construction of the project, and assisting with the preparation of forms and documentation required for the loan. Effort related to Project Management associated with the LSLR Program Development and design/bidding is included in this proposal as separate tasks. Project Management associated with services during construction is included in Construction Administration. 1.3.5 Alternates The Scope of Services provided below was developed to provide a consistent approach to the work for the development of a proposed level of effort and budget. If the Consultant believes that the objectives of the project can be met with an alternate approach, or that additional scope is needed to meet the City’s objectives, exceptions and alternates can be provided in addition to the response to the Scope of Services. The Consultant should include an explanation of the alternate approach and examples of where the approach has been successful, along with an estimated cost impact. 2.0 SCOPE OF SERVICES Engineering Services to be provided include LSLR Program Development, Field Investigations, Design of Private Side LSLR Projects, Engineering Services During Construction of Private Side LSLR Projects and Project Management, incorporating, at a minimum, the tasks below. 2.1 LSLR Program Development 2.1.1 Lead Service Line Inventory a. Lead a project kickoff meeting City staff at the Evanston Water Treatment Plant to review project contacts, scope of work, schedule, available data, the existing lead service line (LSL) inventory, and the City’s history with LSL and water main design and replacement. b. Review the City’s existing LSL Inventory. c. Document of the City’s procedure for determining service line material inventory. d. Develop a strategy, schedule, and cost for updating the service line material inventory as the LSLR progresses and service lines are changed out. e. Provide a draft submittal of the LSL Inventory documentation to the City for review and comment in Adobe Portable Document Format (PDF), and three hard copies. 11 Revised 10-20 (09-17) f. Prepare a final version that incorporates the City’s comments. Submit three hard copies and electronic copies in both Adobe PDF and Microsoft Word to the City. Submit cost estimates and summary tables in Microsoft Excel. 2.1.2 LSLR Constructability Review a. Evaluate methods for completing full lead service line replacements, private side lead service line replacement (where the public side lead service has already been replaced), and public side lead service line replacement (where the private side lead service has already been replaced). b. Identify requirements and limitations for restoration related to identified methods. c. Define detailed approaches for addressing private property issues, including:  Documentation of existing conditions.  Determination of needed and equitable restoration.  Addressing potential encounters with hazardous materials/waste.  Plans for establishing access for consultants, contractors and City Staff.  Plans to encourage cooperation and participation of property owners and community members.  Pre- and post- replacement water testing requirements.  Suggested measures to address affordability and prevent service shutoffs.  Suggested language for legal agreements needed for all interactions with property owners and community members, including construction easements and private property access agreements.  Suggested legal language that is acceptable to the IEPA for waivers or other agreements for property owners and community members that do not wish to participate in the LSLR Program.  Suggested language for modifications to city ordinances and plumbing codes necessary to support LSLR on private property. d. Meet with the City to review LSLR methods and present a preferred approach to LSLR. e. Identify a recommended LSLR method to become the City’s standard approach. f. Review suggested legal and code language with City Legal and Building departments. g. Petition the IEPA for clarification to permitting and separation requirements regarding sewer and water service lines, and pursue the possibility of a variance of separation requirements for work related to LSLR. Meet with the IEPA up to two times to review associated permitting issues. 12 Revised 10-20 (09-17) h. Develop standard design details, specifications, and guidelines for bidding documents for private side LSLR’s that can be used by City Staff for future projects. i. Provide a draft submittal of the LSL Constructability Review to the City for review and comment in Adobe PDF, and three hard copies. Include standard design details, specifications and guidelines j. Meet with the City to review draft Constructability Review and standard design details, specifications, and guidelines. k. Prepare a final version that incorporates the City’s comments. Submit three hard copies and electronic copies in both Adobe PDF and Microsoft Word to the City. Submit cost estimates and summary tables in Microsoft Excel. 2.1.3 LSLR Plan a. Meet the requirements of the Illinois Lead Service Line Replacement and Notification Act. b. Lead a brainstorming session with the City prior to the development of the LSLR Plan to review and agree on overall LSLR constraints and schedule, approaches for LSLR prioritization, public outreach, development of cost estimates, financing measures, and other relevant topics. c. Identify lead service lines based on the City’s current LSL Inventory and documentation. d. Develop a detailed plan for the replacement of all LSL in the City within the timelines stipulated in the bill. e. Develop a plan for prioritization of LSLR that considers:  Preschools, day care centers, day care homes, group day care homes, parks, playgrounds, hospitals, clinics and other high-risk areas.  Disadvantaged consumers and social equity.  The City’s annual water main improvement program.  The City’s annual street patching and resurfacing program. f. Develop replacement costs reflecting the methodologies identified in the constructability review. g. Quantify support expected from City Staff to develop and execute the LSLR Plan, including plumbing inspectors, distribution staff, water quality control, communications, legal, and financial. h. Document financing and measures to address affordability. (This information will be developed by the City and provided to the Consultant.) i. Propose and develop incentives for participation in the lead service line replacement program by property owners. j. Develop a full public outreach and communication plan for the duration of the LSLR program that will include:  Communications and instructions to community members for participation throughout the entire LSLR process. 13 Revised 10-20 (09-17)  Close coordination with the City’s Community Engagement Division.  City-wide communications including direct mailers, drop- offs, traditional media, city website, and social media.  Community engagement.  Solicitation of public comments.  Progress reporting.  Procedures for flushing service lines and premise plumbing.  Other related water quality mitigation measures such as distribution of point-of-use (POU) water filters. k. Develop a budgetary cost for the execution of the entire replacement program, including but not limited to:  Engineering and program management  Construction and restoration  City inspections and support  Public outreach and communication l. Develop an Association for the Advancement of Cost Engineering (AACE) Class 4 Opinion of Probable Construction Cost (OPCC) for Private Side LSLR. m. Document required lead testing requirements for water service lines. n. Prepare all associated maps and figures. o. Provide a draft submittal of the LSL Plan to the City for review and comment in Adobe PDF, and three hard copies. Include standard design details, specifications and guidelines p. Meet with the City to review draft LSL Plan. q. Prepare a final draft version that incorporates the City’s comments and is ready to submit to the IEPA. Submit three hard copies and electronic copies in both Adobe PDF and Microsoft Word to the City. Submit cost estimates and summary tables in Microsoft Excel. r. Communicate with the IEPA as needed to obtain approval of the LSLR Plan. s. Prepare a final version that incorporates the IEPA’s comments. Submit 2.2 Design and Construction of Private Side LSLR Pilot All work under this Task is associated with the design and construction of private side lead service line replacements for Private Side LSLR Pilot. The Consultant will develop a detailed design for up to 360 private side lead service line replacements. The Consultant shall clearly describe information and level of detail to be included in the design drawings and specifications included in this proposal. The Consultant shall describe any limitations or exclusions assumed for the development of this scope of work. 2.2.1 Field Investigations 14 Revised 10-20 (09-17) a. Coordinate and perform all needed field investigations for the design of the private side LSLR. The Consultant shall clearly define and quantify the anticipated field investigations included in this proposal, such as research, inspections, surveys, and geotechnical investigations. b. Prioritize the LSLR within the pilot area, including considerations for day care facilities, elementary and secondary schools, hospitals, medical service facilities, and multi-family housing. c. Lead, manage, and document all communication and coordination with property owners and community members needed for the development of the final design. Serve as the property owners’ and community members’ primary point of contact. As part of this proposal, the Consultant shall clearly define strategies for communication and coordination with building owners and community members for all field investigations needed on private property. d. Consultant will create an exhibit showing each property with a private side LSLR. The exhibit will include at a minimum, location of existing and proposed water and sewer lines, trees, landscaping and hardscaping needed for restoration, interior restoration requirements, and any other items that may impact the work. e. Deliver to the City an electronic copy of any survey data in AutoCAD and ESRI’s geographic information system (GIS) geodatabase format. GIS data shall separate different asset types (e.g. sewer main, sewer structures, water main, hydrants, valves, fittings, trees, etc.) into separate shapefiles or feature classes. 2.2.2 Preliminary Design a. Develop 50% design drawings incorporating the findings from the field investigations along with the components developed for the Lead Service Line Replacement Program. b. Develop example drawings for up to five LSLRs developed to a near 90% design level as an example of the information and detail expected for final design. c. Construction drawings will consist of a cover sheet, index sheet, general notes, plans, and detail sheets for all work related to the private side lead service line replacements. d. Follow the City’s standards and incorporate the City’s details for water main design and construction. e. Drawings will include information specific to each property where the private side lead service line will be replaced, including existing conditions and all restoration requirements. f. Provide for all exterior hardscape and landscape restoration on private and public property. g. Provide for all interior restoration on private property. h. Prepare contract documents using the Illinois Department of Transportation (IDOT) Standard Specifications for Road and 15 Revised 10-20 (09-17) Bridge Construction, latest edition, as the standard specification. The contract documents shall include all required bidding documents, based on estimated pay item quantities and unit prices, supplemental standard specifications to meet job-specific and City requirements, and appropriate appendices. Front-end documents shall be based on the City’s standards and incorporated IEPA SRF requirements. Prepare contract documents in Microsoft Word format. i. Submit three hard-copy sets of the preliminary design drawings and contract documents, with a complete electronic set in Adobe PDF and Microsoft Word to the City for review and comment. j. Meet with City staff to obtain comments regarding the preliminary design. 2.2.3 Final Design a. Revise plans and contract documents as necessary to incorporate comments from the City and develop a 90% plan set. The drawings shall contain all necessary information to allow bidding by construction contractors for all work related to the project. b. Submit three hard-copy sets of 90% drawings and contract documents, with and a complete electronic set in Adobe PDF and Microsoft Word to the City for review and comment. c. Meet with City staff to obtain comments regarding the 90% plans and contract documents. d. Revise the 90% design drawings and contract documents as necessary to incorporate comments from the City and develop a 100% plan set. e. Prepare applications for all permits necessary for this project, including the IEPA Application for Construction Permit, Metropolitan Water Reclamation District of Greater Chicago (MWRDGC) sewer construction, and National Pollutant Discharge Elimination System (NPDES) stormwater discharge. Address all comments and questions from agencies to obtain needed permits. f. Submit three hard copy sets of 100% drawings and contract documents with a complete electronic set in Adobe PDF and Microsoft Word to the City for review and comment. g. Prepare an AACE Class 2 cost estimate based on the 100% plan set. h. Meet with City Staff to review comments on the 100% drawings, contract documents, and cost estimate. i. Prepare final bid set of drawings and contract documents incorporating the City’s comments. j. Submit three hard-copy sets of the final Bid Set drawings and contract documents, and a complete electronic set in Adobe PDF format. Also provide copies of the contract documents in Microsoft Word format and contract drawings in georeferenced AutoCAD and ESRI’s GIS geodatabase format. GIS data shall 16 Revised 10-20 (09-17) separate different asset types (e.g. sewer main, sewer structures, water main, hydrants, valves, fittings, trees, etc.) into separate shapefiles or feature classes. k. Incorporate City’s comments into the cost estimate and submit electronically in Adobe PDF and Microsoft Excel. 2.2.4 Bidding Support Services The City will manage the bidding process, advertise and distribute the Bid Set drawings and contract documents, and distribute needed addenda. The Consultant will support the bidding process as described below: a. Submit a list of contractors that the Consultant considers to be qualified for the type of work to be bid. These contractors will not be prequalified, though they will be informed of the project via a direct email at the time of bid advertisement. b. Attend a pre-bid meeting. Explain the project scope to bidders and answer technical questions. c. Review questions from bidders and prepare addenda that may be necessary to clarify the drawings or contract documents. d. Review bids and prepare a Recommendation to Award to the lowest responsive and responsible bidder. e. Assist the City in preparing construction contracts. f. Manage scope, schedule, and budget of the work associated with this Task, and perform administrative tasks needed for the successful completion of this Task. 2.2.5 Construction Administration A seven (7) month construction duration should be assumed for the response to this RFP with contractors mobilized for four (4) months. The final scope and budget for Construction Administration and Construction Inspection will be negotiated and authorized upon completion of the design. a. Develop a conformed set of construction documents incorporating any addenda into the Bid Set. Furnish five sets of hard copies of the construction documents in final form. Submit documents to the City electronically in CADD, ESRI Shapefile, Microsoft Word and Excel, and PDF. b. Lead the pre-construction meeting with the City and Contractor. Prepare the agenda and distribute meeting minutes. c. Consult with the City concerning decisions as to the acceptability of Subcontractors and other persons and organizations proposed by the Contractor for those portions of the work for which such acceptability is required by the Contract Documents. d. Manage, review and approve submittals from the Contractor, including but not limited to schedule of values, work schedule, and technical submittals. 17 Revised 10-20 (09-17) e. Manage, review and respond to all requests for information, review proposed field changes, and prepare recommendations for change orders. f. Lead weekly progress meetings during construction to discuss ongoing project status. Prepare agendas and distribute meeting minutes for each meeting. g. Review and approve contractor applications for payment and updated construction schedules. h. In cooperation with the Contractor and the City, prepare the punch list and monitor completion. i. Prepare drawings of record within thirty (30) days after final completion of the project. Submit three sets of hard copies of drawings of record to the City, and complete sets electronically in CADD, ESRI Shapefile, and PDF. GIS data shall separate different asset types (e.g. sewer main, sewer structures, water main, hydrants, valves, fittings, trees, etc.) into separate shapefiles or feature classes. These drawings should show those changes made during the construction process, based on the marked-up prints, drawings and other data furnished by the Contractor to the Consultant and which the Consultant considers significant. The drawings should show final locations of installed service lines and appurtenances based on information collected by the Resident Engineer as described in Section 2.2.6. j. Manage scope, schedule, and budget of the work associated with Tasks 2.2.5 through 2.2.7, and perform administrative tasks needed for the successful completion of the construction. 2.2.6 Construction Inspection A seven (7) month construction duration should be assumed for the response to this RFP with contractors mobilized for four (4) months. The final scope `and budget for Construction Administration and Construction Inspection will be negotiated and authorized upon completion of the design. a. Provide full-time field observation services for compliance with the Contract Documents while the contractor as mobilized. b. Lead, manage, and document all communication and coordination with property owners and community members. Serve as the property owners’ and community members’ primary point of contact for all work related to this contract. c. Lead coordination with City Plumbing Inspectors for inspection of the work. d. Advise the City of noncompliance and assist the City to inform the Contractor accordingly. e. Prepare additional supplemental drawings or sketches that may be required in the course of project construction. f. Record location of sewer service lines if exposed during construction. 18 Revised 10-20 (09-17) g. Record the final locations of installed service lines and appurtenances using the City’s electronic forms. The data collected for the electronic forms may be supplemented with GPS data. h. Perform any topographic work in Illinois State Plane Coordinates, East Zone, North American Datum of 1983 (1986 adjustment) and the City of Evanston elevation datum. Horizontal locations shall be measured to the nearest 0.1 foot. i. Keep the City informed of the work progress by submitting weekly progress reports and daily inspection log sheets. j. Lead weekly progress meetings to review project status and schedules. k. Support responses to requests for information, review of proposed field changes, and preparation of recommendations for change orders. l. In cooperation with the City and the Contractor, prepare a punch list when the project is substantially completed and monitor completion. m. Conduct final inspections to determine if the project has been completed in accordance with the Contract Documents and the Contractor has fulfilled all of their obligations thereunder so that the Consultant may approve, in writing, final payment to the Contractor. n. Document final close-out of all work on private properties. o. The Consultant will not be responsible for the construction means, methods, techniques, sequences, procedures or safety precautions incidental thereto. The Consultant will not be responsible for the Contractor's failure to perform the construction work in accordance with the Contract Documents. The Consultant will endeavor to guard the City against defects and deficiencies in the work of the Contractor and may disapprove or reject work as failing to conform to the Contract Documents. p. Construction Material Testing (CMT) services will be provided by a separate City Consultant as needed. The resident engineer will be required to schedule CMT services directly with the City Consultant in coordination with the Contractor. 2.2.7 Post Construction Support a. Coordinate with the homeowner to provide city-supplied filtered water pitchers for up to 6 months after replacement b. Coordinate with the homeowner for the homeowner to collect post-replacement samples as required by the IEPA. c. Collect post-replacement samples from the homeowner. d. Send samples to a certified laboratory for analysis. e. Collect results from the laboratory to summarize and report them to the City and community members. f. Coordinate for resampling if required. 19 Revised 10-20 (09-17) 2.3 Design and Construction of Private Side LSLR for 2022 Water Main Project All work under this Task is associated with the design and construction of private side lead service line replacements for 2022 Water Main Project. The Consultant will develop a detailed design for up to 165 private side lead service line replacements. The Consultant’s design drawings and specifications will be incorporated into the City’s 2022 Water Main Replacement Project bid set developed by City staff. The Consultant shall clearly describe information and level of detail to be included in the design drawings and specifications included in this proposal. The Consultant shall describe any limitations or exclusions assumed for the development of this scope of work. 2.3.1 Field Investigations – Refer to Section 2.2.1. Survey topo within the ROW for all project locations will be provided by the City to the Consultant. 2.3.2 Preliminary Design – Refer to Section 2.2.2. 2.3.3 Final Design – Refer to Section 2.2.3, except Paragraph e replace with the following: Support City staff in submitting applications for all permits necessary for this project, including the IEPA Application for Construction Permit, MWRD sewer construction, and NPDES stormwater discharge. Provide responses to comments and questions from agencies regarding private side LSLR to obtain needed permits. 2.3.4 Bidding Support Services – Refer to Section 2.2.4. Consultant’s support shall be provided for the private side LSLR portion of the project. 2.3.5 Construction Administration City staff will manage the 2022 Water Main Project. All tasks under Construction Administration shall be in relation to the private side LSLR only. A seven (7) month construction duration should be assumed for the response to this RFP with contractors mobilized for four (4) months. The final scope and budget for Construction Administration and Construction Inspection will be negotiated and authorized upon completion of the design. a. Assist in the development of a conformed set of construction documents incorporating any addenda related to private side LSLR into the Bid Set. Submit documents to the City electronically in CADD, ESRI Shapefile, Microsoft Word and Excel, and PDF. b. Support the pre-construction meeting with the City and Contractor. c. Consult with the City concerning decisions as to the acceptability of Subcontractors and other persons and organizations proposed by the Contractor for those portions of the work for which such acceptability is required by the Contract Documents. d. Review and approve submittals from the Contractor related to private side LSLR. e. Review and respond to requests for information, review proposed field changes, and prepare recommendations for change orders related to private side LSLR. 20 Revised 10-20 (09-17) f. Attend weekly progress meetings during construction to discuss ongoing project status. g. Review and approve contractor quantities included on applications for payment and updated construction schedules related to private side LSLR. h. In cooperation with the Contractor and the City, prepare the punch list and monitor completion of private side LSLR. i. Prepare drawings of record related to private side LSLR within thirty (30) days after final completion of the project. Submit three sets of hard copies of drawings of record to the City, and complete sets electronically in CADD, ESRI Shapefile, and PDF. These drawings should show those changes made during the construction process, based on the marked-up prints, drawings and other data furnished by the Contractor to the Consultant and which the Consultant considers significant. j. Manage scope, schedule, and budget of the work associated with Tasks 2.3.5 through 2.3.7, and perform administrative tasks needed for the successful completion of the private side LSLR included in the project. 2.3.6 Construction Inspection – Refer to Section 2.2.6 City Staff will serve as the primary Resident Engineer for the 2022 Water Main Project. All tasks under Construction Inspection shall be in relation to private side LSLR. The Consultant shall serve as the primary point of contact for building owners, community members, the contractor, and City staff for any work occurring on private property. A seven-month construction duration should be assumed for the response to this RFP with contractors mobilized for four months. The final scope and budget for Construction Administration and Construction Inspection will be negotiated and authorized upon completion of the design. 2.3.7 Post Construction Support - Refer to Section 2.2.7 2.4 Project Management Work under this task is for management of various components of the LSLR Program Development and Design tasks. Effort and associated costs for each task must be tracked separately for IEPA funding. Management tasks associated with engineering services during construction are included in Tasks 2.2.5 and 2.3.5. 2.4.1 LSLR Program - Manage scope, schedule, and budget of the work associated with Tasks 2.1.1 through and including 2.1.4, and perform administrative tasks needed for the successful completion of this work. Provide quality assurance and quality control of the work produced by all staff and subcontractors. Maintain regular communication with City staff with periodic progress updates. 21 Revised 10-20 (09-17) 2.4.2 Private Side LSLR Area 1 Design - Manage scope, schedule, and budget of the work associated with Tasks 2.2.1 through and including 2.2.4, and perform administrative tasks needed for the successful completion of this work. Provide quality assurance and quality control of the work produced by all staff and subcontractors. Maintain regular communication with City staff with periodic progress updates. 2.4.3 Private Side LSLR for 2020 Water Main Project Design - Manage scope, schedule, and budget of the work associated with Tasks 2.3.1 through and including 2.3.4, and perform administrative tasks needed for the successful completion of this work. Provide quality assurance and quality control of the work produced by all staff and subcontractors. Maintain regular communication with City staff with periodic progress updates. 2.4.4 IEPA Loan Support - Design and construction of portions of this project are intended to be funded by the Illinois Environmental Protection Agency (IEPA) State Revolving Fund (SRF) Loan. The Consultant will support the City’s efforts for obtaining the loan by assuring compliance with loan rules and regulations during design and construction of the project, and assisting with the preparation of forms and documentation required for the loan. 3.0 INSURANCE Consultant shall carry and maintain at its own cost with such companies as are reasonably acceptable to City all necessary liability insurance (which shall include as a minimum the requirements set forth below) during the term of this Agreement, for damages caused or contributed to by Consultant, and insuring Consultant against claims which may arise out of or result from Consultant’s performance or failure to perform the Services hereunder. The consultant must provide an insurance certificate naming the City of Evanston as an additional insured and will provide a variety of insurances including:  comprehensive general liability - $3,000,000 combined single limit for each occurrence for bodily injury and property damage – designating the City as Additional Insured  Workers Compensation - Statutory Limits  Automobile Liability - $1,000,000 per occurrence for all claims arising out of bodily injuries or death and property damages.  errors and omissions or professional liability insurance - $1,000,000 The surety and the insurance company must have not less than an A+ rating from the Alfred M. Best Co., Inc. and be approved by the City of Evanston. Consultant’s certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without thirty (30) days prior written notice (hand delivered or registered mail) to City. 22 Revised 10-20 (09-17) 4.0 SUBMITTAL REQUIREMENTS The City will no longer accept hard copy paper submittals for any solicitation. Responses will only be accepted electronically via E-bidding through DemandStar. Respondents are still required to complete all of the bid documents and provide all of the requested information in a pdf file(s). Please refer to attached DemandStar e- bidding documents. ANY PROPOSALS RECEIVED AFTER THE SUBMITTAL DEADLINE, WILL BE NOT BE ACCEPTED. It is the sole responsibility of the proposer to insure that his or her proposal is delivered by the stated time. THE CITY IS NOT RESPONSIBLE FOR MISDIRECTED PACKAGES. A. Cover Letter The cover letter will include the following:  introduction of firm signed by an authorized Principal of the firm  name of firm  address of firm  phone number of the firm submitting the proposal  include the name and signature of an authorized binding official who is authorized to answer questions regarding the firm’s proposal B. Qualifications and Experience of Firm  Provide a brief history of the firm, and the firm’s qualifications for completing the scope of work.  All respondents shall describe other contracts (at least 3, but no more than 5) similar in scope, size or discipline to the required services described herein, performed or undertaken within the past seven years.  Experience should include all phases of planning, design and construction of private side service line lateral replacements and lead service line replacement program development. When possible, relevant lessons learned should be highlighted.  List the projects described above in the Firm Experience Summary Table included as Exhibit L to this RFP. For each project, indicate commencement and completion dates, and engineering fees. Where applicable, indicate if staff on the proposed Project Team has worked on these projects and their role.  Provide a list of municipal clients in Illinois, not to exceed 25. C. Qualifications and Experience of Team  Clearly identify the professional staff who would be assigned as the Project Manager, Technical Lead, Resident Engineer, and other key project personnel for this work. Include a Team Organization Chart that clearly indicates the role of each team member and the firm of each team member if sub-consultants are used. The proposal should summarize the abilities, qualifications, and experience of these individuals, in addition to providing resumes. 23 Revised 10-20 (09-17)  Complete Project Team Experience Summary Table included as Exhibit M to this RFP. Projects shown for Team Experience must have been performed within the past seven years and be provided with client references. D. Project Approach For each of the main tasks outlined in the Scope of Services, provide a narrative describing the firm’s understanding of the task and indicate the following:  Approach used to complete the task, issues to be considered, and limitations or qualifications to the scope or services.  Information needed from the City.  Key team members who will complete the task. If more than one, clearly indicate the responsibility of each team member.  Additional or alternate work items addressing any Project Objectives that are not included within the proposed scope of work.  Deviations from assumptions provided in the RFP that would better address the project objectives.  Where possible, highlight approaches that have been successfully used in previous projects. E. Fees Provide a total not-to-exceed cost by completing the Cost Summary Table included as Table A of this RFP and breaking down costs by major tasks developed in the project approach. Additionally, complete the Fee Breakdown Table (Table B) to indicate the estimated hours budgeted for each key team member and staff classification for non-key members, their hourly billing rate, and salary cost multiplier. Break down all hours and costs for key team member/labor category for each task as shown on the Table. Break out reimbursable direct costs, subcontracted costs, and other fees or overhead costs not included in the salary cost multiplier. Explicitly list costs associated with any scope deviations and additional or alternate work items. F. Contract The City has attached its standard contract including modifications required by the IEPA SRF loan in Exhibit O. Identify all exceptions to the agreement that would prevent your Firm from executing it. The City shall not consider or negotiate regarding exceptions submitted at any time after the submission of the Proposer’s response. 5.0 ADDITIONAL SUBMISSION REQUIREMENTS Not Used. 6.0 M/W/EBE GOALS The City has a goal of 25% of the contract amount for the participation and utilization of Minority-Owned, Women-Owned, and Evanston-based businesses (M/W/EBEs) in completing a portion of the services required by the City. All respondents must submit a statement of the proposed involvement of M/W/EBEs in completing a portion of the required services. Provide a copy of the certification for M/W/EBEs that will assist in achieving the M/W/EBE goal with your submittal as 24 Revised 10-20 (09-17) well as the appropriate M/W/EBE forms or Request for Waiver. Any questions regarding M/W/EBE compliance should be submitted in writing to Tammi Nunez Purchasing Manager at tnunez@cityofevanston.org. The City is pursuing funding from the State Revolving Fund. As such, the IEPA requires that the following language is placed into any agreement with the Engineer to ensure that contractors bidding on the construction work make good faith efforts to meet the State of Illinois DBE participation goals, which are a subset of the City’s goals stated above: “ Evanston’s local preference policy cannot be included in this project due to IEPA loan requirements. Therefore, participation by an Evanston business is not applicable toward the DBE participation goal unless such business is certified as a MBE, WBE, or other type of DBE. Prime consultants should submit certification of publication of an advertisement for DBE subconsultants and complete the forms included in Exhibit G to demonstrate a good faith effort to subcontract to DBE firms (whether or not the City and state DBE goals are met). Prime consultants must also submit a completed copy of Exhibit H (including written justifications as applicable) if the overall DBE participation goal of 25% cannot be met. 7.0 EVALUATION CRITERIA The City will select the successful firm through an evaluation process based on the firm meeting the specifications which are outlined in this RFP. A review committee will review in detail all proposals that are received. During the evaluation process, the City may require a Proposer’s representative to answer questions with regard to the proposal and/or make a formal presentation to the review committee. The review committee will make a recommendation to award the contract based on the criteria set forth below. This contract will be forwarded to the City Council for final approval. The evaluation criteria listed below will be used in the selection of the successful Proposer. A. Qualifications and Expertise B. Price C. Organization and Completeness of Proposal D. Willingness to Execute the City of Evanston’s Professional Services Agreement E. M/W/EBE Participation Evaluation will be based on the entire scope of work, including all Scope of Services defined under Tasks 2.1 through 2.4. mailto:tnunez@cityofevanston.org 25 Revised 10-20 (09-17) 8.0 SELECTION PROCESS The City will select a firm on the basis of the responsiveness of the proposal to the RFP submittal requirements, the evaluation criteria stated above and the demonstrated willingness to execute an acceptable written contract. The City reserves the right to reject any or all proposals, and to request written clarification of proposals and supporting materials from the Proposer. While it is the intent of the City to award a single firm, the City reserves the right to award in part or in whole and to select multiple firms and/or individuals, depending on whichever decision is deemed to be most advantageous to the City. Responses may be rejected if the firm fails to perform any of the following: A. Adhere to one or more of the provisions established in this Request for Proposal. B. Demonstrate competence, experience, and the ability to provide the services described in this Request for Proposal. C. Submit a response on or before the deadline and complete all required forms. D. To fulfill a request for an oral presentation. E. To respond to a written request for additional information. Discussions and/or interviews may be conducted with responsible firms that have submitted proposals in order to clarify certain elements. All proposals shall be afforded fair and equal treatment with respect to any opportunity for clarification. In conducting discussion, there shall be no disclosure of information derived from proposals submitted by competing firms. The selection shall be done by the City’s review committee and will be recommended to the City Council for final approval. If the City is unable to reach any sort of agreement with the selected firm, the City will discontinue negotiations with the selected firm and begin negotiations with the firm ranked second and so on until agreement is reached. The firm to be recommended to the City Council will be the one whose proposal is determined to be the most advantageous to the City in consideration of price and all other evaluation factors which are set forth in this Request for Proposal No other factors or criteria not listed in this RFP shall be used in the evaluation. 9.0 PROPOSED SCHEDULE The tentative schedule of milestones for this RFP and project is as follows:  RFP issued ................................................................ June 17, 2021  Mandatory Pre-Proposal Conference ....................... June 28, 2021  Last Day to submit questions .................................... July 13, 2021  Final Addendum Issued............................................. July 20, 2021  RFP Submission Due Date ....................................... July 27, 2021  Interviews (Tentative) ................................................ August 16, 2021  City Council Award of Contract ................................. September 13, 2021 26 Revised 10-20 (09-17)  Contract Effective ...................................................... September 20, 2021  2022 Water Main Project – Bid .................................. March 1, 2022  2022 Water Main Project – Complete ....................... November, 2022  Submit the Draft LSLR Plan to the IEPA ................... May 1, 2022  Private Side LSLR Pilot – Ready for Bid ................... June 1, 2022  Receive IEPA Comments on the Draft LSLR Plan .... September 1, 2022  Submit Final LSLR Plan to IEPA ............................... December 1, 2022 10.0 QUESTIONS REGARDING RFP All questions related to this RFP should be submitted in writing to Jillian Ostman, Purchasing Specialist at jostman@cityofevanston.org with a copy to Paul Moyano at pmoyano@cityofevanson.org. 11.0 GENERAL TERMS AND CONDITIONS A. Confidentiality In connection with this Agreement, City may provide Consultant with information to enable Consultant to render the Services hereunder, or Consultant may develop confidential information for City. Consultant agrees (i) to treat, and to obligate Consultant’s employees to treat, as secret and confidential all such information whether or not identified by City as confidential, (ii) not to disclose any such information or make available any reports, recommendations and /or conclusions which Consultant may make for City to any person, firm or corporation or use the same in any manner whatsoever without first obtaining City’s written approval, and (iii) not to disclose to City any information obtained by Consultant on a confidential basis from any third party unless Consultant shall have first received written permission from such third party to disclose such information. Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure 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. The Purchasing Specialist will endeavor to advise the firm of any request for the disclosure of the material so marked with “TRADE SECRET”, “CONFIDENTIAL”, or “PROPRIETARY”, and give the firm or other submitting party the opportunity to seek a court order to protect such materials from disclosure. If the requested material was submitted by a party other than the firm, then the firm shall be solely responsible for notifying the submitting party of the request. The City’s sole responsibility is to notify the firm of the request for disclosure, and the City shall not be liable for any damages resulting out of such mailto:jostman@cityofevanston.org mailto:pmoyano@cityofevanson.org 27 Revised 10-20 (09-17) disclosure, whether such disclosure is deemed required by law, by an order of court or administrative agency, or occurs through inadvertence, mistake, negligence on the part of the City or its officers, or employees. B. Withdrawal of Proposal Proposals may be withdrawn prior to the submittal deadline. Withdrawal may be attained by written request; however, no offer can be withdrawn within the ninety (90) day period which occurs after the time is set for closing. Proposers who withdraw their proposals prior to the designated date and time may still submit another proposal if done in accordance with the proper time frame. C. Exceptions to Specifications Exceptions to these specifications shall be listed and explained on a separate page titled “Exceptions to Specifications”, which shall be prepared by the Proposer. This page shall then be attached to these documents and submitted at the same time as the proposal. Each exception must refer to the page number and paragraph to which it is relevant. The nature and reasoning of each exception shall be explained in its entirety. Any exceptions to these specifications may be cause for rejection of the proposal. D. Hold Harmless The contractor agrees to hold harmless the City of Evanston and all of its agents, servants, and employees against any and all lawsuits, claims, demands, liabilities, losses, and/or expenses; including court costs and attorneys’ fees on account of injury to any person, or any death resulting from such injury, or any damage to property which may have arisen from work specifically related to the contract and/or project. E. E. Addenda Any and all changes to these documents are valid only if they are included via written addendum to all respondents. Each respondent should acknowledge receipt of any addenda by indicating same in their proposal submission. Each respondent acknowledging receipt of any addenda is responsible for the contents of the addenda and any changes to the proposal therein. Failure to acknowledge any addenda may cause the proposal to be rejected. Addenda information is available over the internet at City of Evanston Notices & Documents or www.demandstar.com, or by contacting the Purchasing Office, 847-866-2935. F. Term The initial contract term is for a period of 590 days. The final scope, schedule, and budget for Construction Administration and Construction Inspection will be negotiated and authorized upon completion of the design. The final contract term will expire within 60 days of Final Completion of the related Construction Contract. The City may terminate a contract for either cause or convenience. G. Non-Appropriation of Funds http://www.cityofevanston.org/business/notices-to-bidders-outstanding-bids/index.php http://www.cityofevanston.org/business/notices-to-bidders-outstanding-bids/index.php http://www.demandstar.com/ 28 Revised 10-20 (09-17) The City of Evanston reserves the right to terminate in whole or in part of the contract in the event that insufficient funds to complete the contract are appropriated by Evanston City Council. H. Property of the City All discoveries and documents produced as a result of any service or project undertaken on behalf of the City of Evanston shall become the property of the City. I. Payment Terms The consultant shall submit invoices detailing the services provided, project, professional staff, and hours. Payment shall be made in accordance with the Local Government Prompt Payment Act. Please note that failure to provide a detailed invoice could result in delay of payment and include termination of any agreement. J. Disclosures and Potential Conflicts of Interest The City of Evanston’s Code of Ethics prohibits public officials or employees from performing or participating in an official act or action with regard to a transaction in which he has or knows he will thereafter acquire an interest for profit, without full public disclosure of such interest. This disclosure requirement extends to the spouse, children and grandchildren, and their spouses, parents and the parents of a spouse, and brothers and sisters and their spouses. To ensure full and fair consideration of all proposals, the City of Evanston requires all Proposers including owners or employees to investigate whether a potential or actual conflict of interest exists between the Proposer and the City of Evanston, its officials, and/or employees. If the Proposer discovers a potential or actual conflict of interest, the Proposer must disclose the conflict of interest in its proposal, identifying the name of the City of Evanston official or employee with whom the conflict may exist, the nature of the conflict of interest, and any other relevant information. The existence of a potential or actual conflict of interest does NOT, on its own, disqualify the disclosing Proposer from consideration. Information provided by Proposers in this regard will allow the City of Evanston to take appropriate measures to ensure the fairness of the proposal process. The City requires all Proposers to submit a certification, enclosed with this RFP, that the Proposer has conducted the appropriate investigation and disclosed all potential or actual conflicts of interest. K. Protests Any actual or prospective Proposer, who is aggrieved in connection with the solicitation or award of a contract, may protest to the Purchasing Office. The protest shall be submitted in writing within ten (10) calendar days after such aggrieved person knows or should have known of the facts giving rise thereto.  The Proposer shall submit any protests or claims regarding this solicitation to the Purchasing Office. 29 Revised 10-20 (09-17)  A pre-bid protest must be filed five (5) days before the bid opening or proposal submittal.  A pre-award protest must be filed no later than ten (10) days after the bid opening date or proposal deadline.  A post-award protest must be filed no later than ten (10) days after the award of the Contract. All claims by a Proposer against the City relating to a contract shall be submitted in writing to the Purchasing Specialist. The City will only consider protests that are properly and timely submitted. All protests or claims must set forth the name and address of the protester, the contract number, the grounds for the protest or claim, and the course of action that the protesting party desires the Purchasing Specialist to take. Statements shall be sworn and submitted under penalty of perjury. L. Authority To Resolve Protests And Contract Claims Protests: The Purchasing Specialist shall have the authority to consider and resolve a protest of an aggrieved Proposer, actual or prospective, concerning the solicitation or award of a contract. The City shall issue a written decision and that decision is final. Contract Claims: The Purchasing Specialist, after consulting with Corporation Counsel, shall have the authority to resolve contract claims, subject to the approval of the City Manager or City Council, as applicable, regarding any settlement that will result in a change order or contract modification. Each Proposer, by submitting a response to this RFP, expressly recognizes the limitations on its rights to protest provided in this Section and expressly waives all other rights and remedies and agrees that the decision on the protest is final and conclusive. If a Proposer disregards, disputes or does not follow the exclusive protest remedies provided in this Section, it shall indemnify and hold the City and its officers, employees, agents and consultants harmless from and against all liabilities, fees and costs, including legal and consultant fees and costs, and damages incurred or suffered as a result of such Proposer’s actions. Each Proposer, by submitting a response to this RFP, shall be deemed to have irrevocably and unconditionally agreed to this indemnity obligation. M. Litigation For purposes of this Section, the following terms are defined as follows: “issue” means any prior or pending litigation or investigation, either civil or criminal, or any governmental agency action or proceeding (the “issue”), which may affect the performance of the services to be rendered herein. For purposes of this Section, an “issue” shall also include any criminal, civil, or administrative penalty or finding imposed against any covered individual. An issue occurring within seven (7) years of the date preceding the date of the Proposer’s response shall be disclosed by the Proposer. 30 Revised 10-20 (09-17) “covered individual” means any principal, president, managing partner, or vice- president, affiliated in anyway with the Firm, and the Firm’s employees or sub- contractors. All proposers shall identify and describe with particularity any issue. The City, and not Proposer, has the sole discretion to determine whether an issue may affect the performance of the services. Failure of any Proposer to comply with this mandatory obligation shall, at the City’s sole discretion, result in the Proposer’s response being deemed non-responsive and not responsible. Failure of any Proposer to comply with the obligation specified herein may result in the voiding any subsequent contract award to Proposer if the City discovers upon the exercise of its customary due diligence that Proposer failed to comply with the mandatory obligation in this Section. The City reserves all rights to take any other actions in the case of a Proposer’s non-compliance with this Section. N. Sub-contractors If any firm submitting a proposal intends on sub-contracting out all or any portion of the engagement, that fact, and the name of the proposed sub-contracting firm(s) must be clearly disclosed in the proposal. Following the award of the contract, no additional sub-contracting will be allowed without the prior written consent of the City of Evanston. O. Contact with City Personnel All Proposers are prohibited from making any contact with the City Manager, City Council, or any other official or employee of the City with regard to the Project, other than in the manner and to the person(s) designated herein. The Purchasing Specialist reserves the right to disqualify any Proposer found to have contacted City Personnel in any manner with regard to the Project. Additionally, if it is determined that the contact with City Personnel was in violation of any provision of 720 ILCS 5/33EE, the matter may be referred to the Cook County State’s Attorney for review and prosecution. P. Costs Incurred The City of Evanston assumes no responsibility or liability for costs incurred by the Proposer prior to the execution of a contract. This includes costs incurred by the Proposer as a result of preparing a response to this RFP. 31 Revised 10-20 (09-17) TABLE A – COST SUMMARY TABLE TASK DESCRIPTION COST 1.0 LSLR Program Development 1.1 LSL Inventory $ 1.2 LSLR Constructability Review $ 1.3 LSL Plan $ 2.0 Design and Construction of Private Side LSLR Pilot 2.1 Field Investigations $ 2.2 Preliminary Design $ 2.3 Final Design $ 2.4 Bidding Support Services $ 2.5 Construction Administration $ 2.6 Construction Inspection $ 2.7 Post Construction Support $ 3.0 Design and Construction of Private Side LSLR for 2020 Water Main Projects 3.1 Field Investigations $ 3.2 Preliminary Design $ 3.3 Final Design $ 3.4 Bidding Support Services $ 3.5 Construction Administration $ 3.6 Construction Inspection $ 3.7 Post Construction Support $ 4.0 Project Management 4.1 LSLR Program $ 4.2 Private Side LSLR Area 1 Design $ 4.3 Private Side LSLR for 2020 Water Main Project Design $ 4.4 IEPA SRF Loan Support $ TOTAL $ 32 Revised 10-20 (09-17) TABLE B – FEE BREAKDOWN TABLE Budgeted Labor Hours Item Description P ro je ct M an ag er 1 Te ch n ic al L ea d 1 K e y Te am M em b er # 1 1 K e y Te am M em b er # 2 1 La b o r C la ss if ic at io n 1 1 La b o r C la ss if ic at io n 2 1 T o ta l L ab o r H o u rs Direct Labor Rate Salary Cost Multiplier Billing Rate Tasks [As listed in Cost Summary Table] Total Labor Cost 1.0 LSLR Program Development $ 1.1 LSL Inventory $ 1.2 LSLR Constructability Review $ 1.3 LSL Plan $ 2.0 Design and Construction of Private Side LSLR Pilot $ 2.1 Field Investigations $ 2.2 Preliminary Design $ 2.3 Final Design $ etc. $ Total Labor $ Other Costs Direct Reimbursable Expenses 2 $ Subcontractor 1 - Task A 3 $ Subcontractor 1 - Task B 3 $ Subcontractor 2 - Task 3 $ Fees and Overhead Costs 4 $ TOTAL NOT-TO-EXCEED COST $ 1. Indicate actual Key Team Member names, and summarize other labor by classification. Add columns as needed. 2. List direct reimbursable expenses. Add rows as needed. 3. List the budgeted cost for each subcontracted task on separate lines, indicating the subcontractor assigned to that task. Add rows as needed. If significant labor hours are provided by the subcontractor, indicate the hours per task. 4. List overhead costs and fees separately if they are not included in the salary cost multiplier. Add rows as needed. 33 Revised 10-20 (09-17) Exhibit A DISCLOSURE OF OWNERSHIP INTERESTS The City of Evanston Code Section 1-18-1 et seq. requires all persons (APPLICANT) seeking to do business with the City to provide the following information with their proposal. Every question must be answered. If the question is not applicable, answer with "NA". APPLICANT NAME: ______________________________________ APPLICANT ADDRESS: ______________________________________ TELEPHONE NUMBER: ______________________________________ FAX NUMBER: ______________________________________ APPLICANT is (Check One) ( ) Corporation ( ) Partnership ( ) Sole Owner ( ) Association Other ( ) ________________________________________________________ Please answer the following questions on a separate attached sheet if necessary. SECTION I - CORPORATION 1a. Names and addresses of all Officers and Directors of Corporation. _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 1b. (Answer only if corporation has 33 or more shareholders.) Names and addresses of all those shareholders owning shares equal to or in excess of 3% of the proportionate ownership interest and the percentage of shareholder interest. (Note: Corporations which submit S.E.C. form 10K may substitute that statement for the material required herein.) _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 34 Revised 10-20 (09-17) 1c. (Answer only if corporation has fewer than 33 shareholders.) Names and addresses of all shareholders and percentage of interest of each herein. (Note: Corporations which submit S.E.C. form 10K may substitute that statement for the material requested herein.) ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ SECTION 2 - PARTNERSHIP/ASSOCIATION/JOINT VENTURE 2a. The name, address, and percentage of interest of each partner whose interests therein, whether limited or general, is equal to or in excess of 3%. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 2b. Associations: The name and address of all officers, directors, and other members with 3% or greater interest. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ SECTION 3 - TRUSTS 3a. Trust number and institution. ______________________________________________________________________ 3b. Name and address of trustee or estate administrator. ______________________________________________________________________ ______________________________________________________________________ 3c. Trust or estate beneficiaries: Name, address, and percentage of interest in total entity. ______________________________________________________________________ ______________________________________________________________________ 35 Revised 10-20 (09-17) SECTION 4 - ALL APPLICANTS - ADDITIONAL DISCLOSURE 4a. Specify which, if any, interests disclosed in Section 1, 2, or 3 are being held by an agent or nominee, and give the name and address of principal. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 4b. If any interest named in Section 1,2, or 3 is being held by a "holding" corporation or other "holding" entity not an individual, state the names and addresses of all parties holding more than a 3% interest in that "holding" corporation or entity as required in 1(a), 1(b), 1(c), 2(a), and 2(b). ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 4c. If "constructive control" of any interest named in Sections 1,2, 3, or 4 is held by another party, give name and address of party with constructive control. ("Constructive control" refers to control established through voting trusts, proxies, or special terms of venture of partnership agreements.) ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ I have not withheld disclosure of any interest known to me. Information provided is accurate and current. ______________________ ______________________________________ Date Signature of Person Preparing Statement ______________________________________ Title ATTEST: ____________________________ Notary Public (Notary Seal) Commission Expires: _____________________ 36 Revised 10-20 (09-17) EXHIBIT B ADDITIONAL INFORMATION SHEET Proposal Name: _______________________________________________ Proposal Number #: _________________________________________________ Company Name: __________________________________________________ Contact Name: ___________________________________________________ Address: ________________________________________________________ City,State, Zip: ____________________________________________________ Telephone/FAX: #_________________________________________________ E-mail: __________________________________________________________ Comments: _____________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 37 Revised 10-20 (09-17) Exhibit C CONFLICT OF INTEREST FORM ___________________________________________________, hereby certifies that it has conducted an investigation into whether an actual or potential conflict of interest exists between the bidder, its owners and employees and any official or employee of the City of Evanston. Proposer further certifies that it has disclosed any such actual or potential conflict of interest and acknowledges if bidder/Proposer has not disclosed any actual or potential conflict of interest, the City of Evanston may disqualify the bid/proposal. ______________________________________________________________________ (Name of Bidder/Proposer if the Bidder/Proposer is an Individual) (Name of Partner if the Bidder/Proposer is a Partnership) (Name of Officer if the Bidder/Proposer is a Corporation) The above statements must be subscribed and sworn to before a notary public. Subscribed and Sworn to this _____ day of ______________, 20 Notary Public Failure to complete and return this form may be considered sufficient reason for rejection of the bid / proposal. 38 Revised 10-20 (09-17) Exhibit D ACKNOWLEDGEMENT OF UNDERSTANDING THE SECTION BELOW MUST BE COMPLETED IN FULL AND SIGNED The undersigned hereby certifies that they have read and understand the contents of this solicitation and attached service agreements, and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or to accept any request for additional compensation. By signing this document, the Proposer hereby certifies that they are not barred from bidding on this contract as a result of bid rigging or bid rotating or any similar offense (720 ILCS S/33E-3, 33E-4). Authorized Signature: Company Name: Typed/Printed Name: Date: Title: Telephone Number: Email: Fax Number: 39 Revised 10-20 (09-17) Exhibit E ANTI-COLLUSION AFFIDAVIT AND PROPOSER’S CERTIFICATION ______________________________________, being first duly sworn, deposes and says that he is ________________________________________ (Partner, Officer, Owner, Etc.) of ________________________________ (Proposer) The party making the foregoing proposal or bid, that such bid is genuine and not collusive, or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person; to fix the bid price element of said bid, or of that of any other bidder, or to secure any advantage against any other bidder or any person interested in the proposed contract. The undersigned certifies that he is not barred from bidding on this contract as a result of a conviction for the violation of State laws prohibiting bid-rigging or bid-rotating. (Name of Bidder if the Bidder is an Individual) (Name of Partner if the Bidder is a Partnership) (Name of Officer if the Bidder is a Corporation) The above statements must be subscribed a sworn to before a notary public. Subscribed and Sworn to this ________ day of _____________________, 20 __________________________________________ Notary Public Commission Expires: ________________________ Failure to complete and return this form may be considered sufficient reason for rejection of the bid. 40 Revised 10-20 (09-17) EXHIBIT F CITY OF EVANSTON M/W/EBE POLICY A City of Evanston goal is to provide contracting and sub-contracting opportunities to Minority Business Enterprises, Women Business Enterprises, and Evanston Business Enterprises. The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. To assist such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. Firms bidding on projects with the City must work to meet the 25% goal or request a waiver from participation. It is advised that bidders place advertisements requesting sub- contractors and that they email or contact individual firms that would be appropriate to partner in response to the project. For samples of possible advertisements, see the City of Evanston’s Business Diversity Section http://www.cityofevanston.org/business/business- diversity/ (Sample Advertisement ). If you request a paper copy of the additional documents, it will be available free of charge from the Purchasing Office, 2100 Ridge Road Suite 4200, Evanston, IL 60201. If a bidder is unable to meet the required M/W/EBE goal, the Bidder must seek a waiver or modification of the goal on the attached forms. Bidder must include: 1. A narrative describing the Bidder’s efforts to secure M/W/EBE participation prior to the bid opening. 2. Documentation of each of the assist agencies that were contacted, the date and individual who was contacted, and the result of the conversation (see form) 3. A letter attesting to instances where the bidder has not received inquiries/proposals from qualified M/W/EBEs 4. Names of owners, addresses, telephone numbers, date and time and method of contact of qualified M/W/EBE who submitted a proposal but was not found acceptable. 5. Names of owners, addresses, telephone numbers, date and time of contact of at least 15 qualified M/W/EBEs the bidder solicited for proposals for work directly related to the Bid prior to the bid opening (copies must be attached). If a bidder is selected with a Sub-contractor listed to meet the M/W/EBE goal, a “monthly utilization report” will be due to the City prior to each payment being issued to the Contractor. This report will include documentation of the name of the firm hired, the type of work that firm performed, etc. Should the M/W/EBE not be paid according to the schedule proposed in this document, the City reserves the right to cancel the contract. Examples of this monthly form can be found on the City’s website: http://www.cityofevanston.org/business/business-diversity/ (MWEBE Monthly Utilization Report). http://www.cityofevanston.org/business/business-diversity/ http://www.cityofevanston.org/business/business-diversity/ http://www.cityofevanston.org/assets/SUGGESTED%20ADVERTISEMENT%20FOR%20MINORITY http://www.cityofevanston.org/business/business-diversity/ http://www.cityofevanston.org/assets/Exhibit%20B%20MWEBE%20Monthly%20Utilization%20Report http://www.cityofevanston.org/assets/Exhibit%20B%20MWEBE%20Monthly%20Utilization%20Report 41 Revised 10-20 (09-17) Exhibit G M/W/EBE PARTICIPATION COMPLIANCE FORM I do hereby certify that _________________________________________________ (Name of firm) intends to participate as a Sub-contractor or General Contractor on the project referenced above. This firm is a (check only one): ______ Minority Business Enterprise (MBE), a firm that is at least 51% managed and controlled by a minority, certified by a certifying agency within Illinois. ______ Women’s Business Enterprise (WBE), a firm that is at least 51% managed and controlled by a woman, certified by a certifying agency within Illinois. ______ Evanston Based Enterprise (EBE), a firm located in Evanston for a minimum of one year and which performs a “commercially useful function”. Total proposed price of response $_____________________ Amount to be performed by a M/W/EBE $_____________________ Percentage of work to be performed by a M/W/EBE _____________________% Information on the M/W/EBE Utilized: Name __________________________________________________________ Address ____________________________________________________ Phone Number Signature of firm attesting to participation ____________________________ Title and Date ____________________________________________________ Please attach 1. Proper certification documentation if applying as a M/WBE and check the appropriate box below. This M/WBE will be applying with documentation from: Cook County State Certification Federal Certification Women’s Business Enterprise National Council City of Chicago Chicago Minority Supplier Development Council 2. Attach business license if applying as an EBE 42 Revised 10-20 (09-17) Exhibit H M/W/EBE PARTICIPATION WAIVER REQUEST I am ___ of _____, and I have authority to (Title) (Name of Firm) execute this certification on behalf of the firm. I ___________ do (Name) hereby certify that this firm seeks to waive all or part of this M/W/EBE paritcipation goal for the following reason(s): (CHECK ALL THAT APPLY. SPECIFIC SUPPORTING DOCUMENTATION MUST BE ATTACHED.) ______ 1. No M/W/EBEs responded to our invitation to bid. ______ 2. An insufficient number of firms responded to our invitation to bid. For #1 & 2, please provide a narrative describing the outreach efforts from your firm and proof of contacting at least 15 qualified M/W/EBEs prior to the bid opening. Also, please attach the accompanying form with notes regarding contacting the Assist Agencies. ______ 3. No sub-contracting opportunities exist. Please provide a written explanation of why sub-contracting is not feasible. ______ 4. M/W/EBE participation is impracticable. Please provide a written explanation of why M/W/EBE participation is impracticable. Therefore, we request to waive _____of the 25% utilization goal for a revised goal of _____%. Signature: Date: (Signature) 43 Revised 10-20 (09-17) EXHIBIT I M/W/EBE Assistance Organizations (“Assist Agencies”) Form AGENCY DATE CONTACTED CONTACT PERSON RES