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HomeMy WebLinkAboutContract - Art Encounter -Business District Gateway Mural $125,000 2.5.25-12.31.26 Memorandum To: Honorable Mayor and Members of the City Council From: Paul Zalmezak, Economic Development Manager CC: Katie Boden, Economic Development Coordinator Subject: Approval of Four Evanston Thrives Business District Gateway Mural Proposals for a total amount not to exceed $99,000 Date: November 11, 2024 Recommended Action: The Economic Development Committee recommended City Council approval of a contract with Art Encounter to oversee the installation of three murals for an amount not to exceed $75,000 and a contract with Damon Lamar Reed for the Church & Dodge mural in an amount not to exceed $24,000. Funding Source: American Rescue Plan Act (ARPA) G/L# 170.99.9924.62490. Funds will be allocated from the $3 million approved for the Evanston Thrives economic development initiatives. Council Action: For Action Summary: The second highest-ranked priority from the Evanston Thrives Plan was to establish clear gateways at the entrances into each business district. A gateway committee was formed with representatives from each district to develop sign typologies and find desired locations for placement. The committee developed three typologies: 1. Over-the-street signage, 2. Vertical kiosks, and 3. Murals. City staff and All Together worked with Art Encounter to establish clear guidelines for gateway murals, including the district name, brand colors, and Enjoy Evanston text. Districts that wanted murals could choose an artist or use Art Encounter. The following four districts have chosen to do a mural as their gateway:  Ashland Arts  Church & Dodge Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b  Maple/Foster  Downtown Evanston Three of the proposals were prepared by Art Encounter (attached) and are shown below. Artist Damon Lamar Reed will paint the mural at Church & Dodge. Maple/Foster Location: 909 Foster Street Budget: $25,000 Ashland Arts Location: 1601 Simpson Street Budget: $25,000 Downtown Evanston Location: UP Overpass on Church Street Budget: $25,000 Page 2 of 15 Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b Church & Dodge Location: 1901 Church Street Budget: $24,000 | $14,000 Page 3 of 15 Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b 1901 Church Street Mural Artist:Damon Lamar Reed www.damonlamarreed.com damonlamar@prodigy.net Social media @damonlamarreed 773-835-1832 PROJECT DESCRIPTION: Artist Damon Lamar Reed will paint mural inspired by Evanston students mural design. (Fees based on the following) ●Lead Artist and assistants rate and time ●Artist experience (over 24 years as professional public artist) ●Artist reputation (over 400 projects completed in Chicagoland and Nationwide) ●Size,Scope,and detail of artwork ●Quality of artwork ●Longevity of artwork ●Transportation (purchasing materials,meetings,travel time,etc) ●Meetings ●Materials and supplies ___OPTION A -BOTH WALLS FABRICATION/INSTALLATION:$18,000 ●Approx 400 sq ft @ $45 per sq ft SUPPLIES/MATERIALS:$4500 ●High quality acrylic paint,Brushes ●Buckets,Tarp,Tape ●Printouts ●Polytab ●Installation materials -gel medium, squeegies,etc DESIGN:$1000 CONTINGENCY:$500 GRAND TOTAL:$24,000 ___OPTION B -MAIN WALL FABRICATION/INSTALLATION:$10,800 ●Approx 240 sq ft @ $45 per sq ft SUPPLIES/MATERIALS:$2700 ●High quality acrylic paint,Brushes ●Buckets,Tarp,Tape ●Printouts ●Polytab ●Installation materials -gel medium, squeegies,etc DESIGN:$1000 CONTINGENCY:$300 GRAND TOTAL:$14,800 Page 4 of 15 Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b RIGHTS: Artist will retain full reproduction and copyrights of designs.Client may use for educational and promotional purposes. ________________________________________ Artist ________________________________________ Client Page 5 of 15 Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b PROPOSAL FOR GATEWAY MURAL: ASHLAND ARTS DISTRICT BACKGROUND OF ORGANIZATION: ABOUT ART ENCOUNTER AND EMAP Art Encounter is a non-profit art organization based at the Noyes Cultural Arts Center. Founded in 1978, our broad menu of programs seeks to enrich the lives of all in our community through providing increased access to art experiences. One of our most impactful programs locally has been Art Encounter’s public art initiative, the Evanston Mural Arts Program (or EMAP) that we launched in 2017. Over the past seven years, we have worked with 25 prominent artists from the Chicago area and across the United States, completing over 30 murals across Evanston in all nine wards. Our partners include business districts such as Downtown Evanston, Main Dempster Mile, and Central Street; schools such as Oakton, Dawes, and Orrington; and peer non-profit organizations such as Curt’s Café, Evanston North Shore Bird Club, Family Focus, and Ridgeville Park District. We are always growing and looking for more partners to work with in order to bring more vitality to the streets and neighborhoods of our hometown. PROJECT DESCRIPTION AND DETAILS The Enjoy Evanston and Evanston Thrives initiative has allocated funds in their budget to create specific “gateway” branding structures for each district (either a mural, kiosk, or overhead sign). The Ashland Arts district has chosen to pursue a mural for their area, and Art Encounter has been invited to propose facilitating this project. The mural itself will be predominately text based to clearly state that one has entered the district, but will also amplify the unique identity of the Ashland Arts area through imagery, color, and composition. We will work with members of the business community to ascertain the best aesthetic direction for the mural; based on the work done by Envision Evanston so far and the initial meeting we had with the Ashland Arts businesses, we will be leaning into imagery that supports the “emerging + industrial + art” energy of the district, which has been described as a “hidden gem waiting to be discovered.” Our organization will handle all aspects of the design, fabrication, and logistics of the project. Location The owner of 1601 Simpson has agreed to offer their south- facing wall for this mural. This piece will be created on a secondary substrate such as an aluminum composite material panel (Alupanel) and affixed to the wall, rather than painted directly on the wall. We will work around the existing windows for the structure of the mural, and it will span the upper portion of the building. Page 6 of 15 Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b Proposed Timeline and Process for the Project. The mural season in the Midwest is short and unpredictable. Therefore, it is important to prepare projects in winter and spring so that there can be maximum flexibility to accommodate weather changes during summer and fall. Exterior painting is advised when both the air temperature and wall temperatures are above 50 degrees. The general timeline for this project would be as such: • By December 31, 2024: Finalize funding and scope of project • January 2025: Hold community meetings with area stakeholders* to define thematic and aesthetic direction of gateway mural • February 2025: Based on aesthetic and thematic interests, Art Encounter will select artist with approval of committee, and hold initial planning meeting with project team • March- April 2024: Artist prepares designs and submits to project stakeholders • April – May 2024: If necessary, revisions are made, and mural materials are submitted as needed to City of Evanston and building owner for final approvals. • June- September 2024: EMAP team preps wall; Artist and team installs mural** • By October 2024: Mural is sealed and optional ribbon-cutting event takes *The stakeholders of the project are defined as the business owners in the Ashland Arts district, a representative of the ownership at 1601 Simpson, and a representative from the City of Evanston. **The process of installing the mural will include the following components: 1) creating the mural on a hard secondary substrate such as Alupanel (aluminum composite material) using acrylic paints, then sealing it; 2) prepping the wall by removing any debris, and optional pressure-washing; 3) installing the mural on the wall into the mortar with masonry screws and superior-grade liquid nails; 4) touching up any visible screw holes. We have created many murals successful in this fashion. ROLES AND RESPONSIBILITIES Role and Responsibilities of Art Encounter- EMAP • Solidify stakeholders and planning team for project • Create budget for the project based on standard costs of artist fees, supplies, equipment, etc. • Onboard planning team for the mural process and expectations for each one’s role • Manage artist invitation, contract and insurance issues • Lead meetings with artist around project design, and act as liaison between artist and stakeholders to support productive planning process throughout the design and installation • Handle municipal applications and approval paperwork as needed with City of Evanston agencies, Evanston Arts Council, and Public Art Committee • Procure paint and supply needs from artist; handle rentals necessary tools and equipment • Oversee subcontractors and support team for wall prep, priming, and sealing • Ensure professional and timely completion of the mural • Write up project summaries for press releases and support other PR activities • Organize unveiling ceremony as decided on by planning team Role and Responsibilities of Project Partners • Designate representative(s) to be on planning team (for design review primarily, and artist selection as needed) • Provide input for mural’s content as determined in pre-project planning meetings • Review and approve design • Provide on-site support during installation if possible: power, lavatory, access to water • Share public notices about mural installation and participate in unveiling ceremony Full process outline is available upon request. Page 7 of 15 Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b PROJECT COST AND BREAKDOWN The costs for this project is $25,000; this total cost supports artist fees, all paint and supplies, equipment rentals, subcontractors and support team for wall prep, and project administration. Details of the budget are as follows: Personnel Pay for Artist Design and Installation, sub-contracted labor for wall prep and installation $14,000 Supplies Primer, paint, and other necessary art equipment, materials or refreshments for community meetings $3,150 Equipment Lift or scaffolding, paint sprayer, generator if needed 1,850 Administration and Project Management 24% of project total $6,000 TOTAL $25,000 Payment request details are as follows: 50% of total cost is requested at contract signing, and remaining 50% balance is due at project completion. NEXT STEPS Please review this proposal and let our team know if you have any questions. Once we have agreed on the terms of the partnership for this project, we will create a contract that includes all pertinent details from this proposal. Respectfully submitted by Lea Pinsky and Dustin Harris, October 2024. Email: lea@artencounter.org / emap@artencounter.org. Phone: 847-328-9222 (o); 773-895-4484 (c) Page 8 of 15 Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b The artwork will be installed on the overpass of the existing Page 9 of 15 Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b • • • • • • • • • • • • • • • • • • • • • • • • Page 10 of 15 Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b Page 11 of 15 Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b PROPOSAL FOR GATEWAY MURAL: MAPLE/FOSTER DISTRICT BACKGROUND OF ORGANIZATION: ABOUT ART ENCOUNTER AND EMAP Art Encounter is a non-profit art organization based at the Noyes Cultural Arts Center. Founded in 1978, our broad menu of programs seeks to enrich the lives of all in our community through providing increased access to art experiences. One of our most impactful programs locally has been Art Encounter’s public art initiative, the Evanston Mural Arts Program (or EMAP) that we launched in 2017. Over the past seven years, we have worked with 25 prominent artists from the Chicago area and across the United States, completing over 30 murals across Evanston in all nine wards. Our partners include business districts such as Downtown Evanston, Main Dempster Mile, and Central Street; schools such as Oakton, Dawes, and Orrington; and peer non-profit organizations such as Curt’s Café, Evanston North Shore Bird Club, Family Focus, and Ridgeville Park District. We are always growing and looking for more partners to work with in order to bring more vitality to the streets and neighborhoods of our hometown. PROJECT DESCRIPTION AND DETAILS The Enjoy Evanston and Evanston Thrives initiative has allocated funds in their budget to create specific “gateway” branding structures for each district (mural, kiosk, overhead sign, etc). The Maple/Foster district has chosen to pursue a mural for their area, and Art Encounter has been invited to propose facilitating this project. The mural itself will be predominately text based to clearly state that one has entered the district, but will also amplify the unique identity of the Maple Foster area through imagery, color, and composition. We will work with members of the business community to ascertain the best aesthetic direction for the mural; based on initial conversations, we are looking at bold, rich, colors that are more "vibrant" and "pop” with strong graphic components that catch the eye. We are leaning into the personality of the district that has been defined as “independently- owned, service-oriented, and creatively driven.” Our organization will handle all aspects of the design, fabrication, and logistics of the project. Location. After surveying the area, we have determined that the best location with highest visibility is 909 Foster St, a brick building owned by Dean and Kris Tsitsis. The photos below indicate the two different placements we are considering for the mural at this time. We have had early meetings with the building owners and they are agreeable and enthusiastic about bringing a mural to this wall. Page 12 of 15 Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b Proposed Timeline and Process for the Project. The mural season in the Midwest is short and unpredictable. Therefore, it is important to prepare projects in winter and spring so that there can be maximum flexibility to accommodate weather changes during summer and fall. Exterior painting is advised when both the air temperature and wall temperatures are above 50 degrees. The general timeline for this project would be as such: • By December 31, 2024: Finalize funding and scope of project • January 2025: Hold community meetings with area stakeholders* to define thematic and aesthetic direction of gateway mural • February 2025: Based on aesthetic and thematic interests, Art Encounter will select artist with approval of committee, and hold initial planning meeting with project team • March- April 2024: Artist prepares designs and submits to project stakeholders • April – May 2024: If necessary, revisions are made, and mural materials are submitted as needed to City of Evanston and building owner for final approvals. • June- September 2024: EMAP team preps wall; Artist and team installs mural** • By October 2024: Mural is sealed and optional ribbon-cutting event takes *The stakeholders of the project are defined as the business owners in the Maple/Foster district, a representative of the ownership at 909 Foster, and a representative from the City of Evanston. **The process of installing the mural will include the following components: 1) prepping the wall by removing any pre-existing loose paint and debris, and pressure-washing the wall; 2) priming all areas to be painted with a superior-grade water-based exterior primer; 3) painting with acrylic brush paint or spray paint, dependent on the artist; and 4) sealing with a water-based sealant. ROLES AND RESPONSIBILITIES Role and Responsibilities of Art Encounter- EMAP • Solidify stakeholders and planning team for project • Create budget for the project based on standard costs of artist fees, supplies, equipment, etc. • Onboard planning team for the mural process and expectations for each one’s role • Manage artist invitation, contract and insurance issues • Lead meetings with artist around project design, and act as liaison between artist and stakeholders to support productive planning process throughout the design and installation • Handle municipal applications and approval paperwork as needed with City of Evanston agencies, Evanston Arts Council, and Public Art Committee • Procure paint and supply needs from artist; handle rentals necessary tools and equipment • Oversee subcontractors and support team for wall prep, priming, and sealing • Ensure professional and timely completion of the mural • Write up project summaries for press releases and support other PR activities • Organize unveiling ceremony as decided on by planning team Role and Responsibilities of Project Partners • Designate representative(s) to be on planning team (for design review primarily, and artist selection as needed) • Provide input for mural’s content as determined in pre-project planning meetings • Review and approve design • Provide on-site support during installation if possible: power, lavatory, access to water • Share public notices about mural installation • Participate in unveiling ceremony Full process outline is available upon request. Page 13 of 15 Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b PROJECT COST AND BREAKDOWN The costs for this project is $25,000; this total cost supports artist fees, all paint and supplies, equipment rentals, subcontractors and support team for wall prep, and project administration. Details of the budget are as follows: Personnel Artist Fee for design and installation, sub-contracted labor for wall prep, priming, and sealing $14,000 Supplies Primer, paint, and other necessary art equipment, materials or refreshments for community meetings $2,250 Equipment Lift or scaffolding, paint sprayer, generator if needed 2,750 Administration and Project Management 24% of project total $6,000 TOTAL $25,000 Payment request details are as follows: 50% of total cost is requested at contract signing, and remaining 50% balance is due at project completion. NEXT STEPS Please review this proposal and let our team know if you have any questions. Once we have agreed on the terms of the partnership for this project, we will create a contract that includes all pertinent details from this proposal. Respectfully submitted by Lea Pinsky and Dustin Harris, October 2024. Email: lea@artencounter.org / emap@artencounter.org. Phone: 847-328-9222 (o); 773-895-4484 (c) Page 14 of 15 Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b Page 15 of 15 Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b CITY OF EVANSTON PROFESSIONAL SERVICES AGREEMENT The parties referenced herein desire to enter into an agreement for professional services for Business District Gateway Murals (“the Project”) THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this _14_ day of _February_, 2025__, between the City of Evanston, an Illinois municipal corporation with offices located at 2100 Ridge Avenue, Evanston Illinois 60201 (hereinafter referred to as the “City”), and Art Encounter (hereinafter referred to as the “Consultant”). Compensation for all basic Services (“the Services”) provided by the Consultant pursuant to the terms of this Agreement shall not exceed $125,000. I. COMMENCEMENT DATE Consultant shall commence the Services no later than three (3) DAYS AFTER City executes and delivers this Agreement to Consultant. II. COMPLETION DATE Consultant shall complete the Services no later than December 31, 2026. If this Agreement provides for renewals after an initial term, no renewal shall begin until agreed to in writing by both parties prior to the completion date of this Agreement. III. PAYMENTS Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b City shall pay Consultant those fees as provided here: Payment shall be made upon the completion of each task for a project, as set forth in Exhibit A – Project Milestones and Deliverables. Any expenses in addition to those set forth here must be specifically approved by the City in writing in advance. IV. DESCRIPTION OF SERVICES Consultant shall perform the services (the “Services”) set forth here: Services are those as defined in Exhibit A, the Consultant’s Proposal. Services may include, if any, other documented discussions and agreements regarding scope of work and cost (Exhibit B). V. GENERAL PROVISIONS A. Services. Consultant shall perform the Services in a professional and workmanlike manner. All Services performed and documentation (regardless of format) provided by Consultant shall be in accordance with the standards of reasonable care and skill of the profession, free from errors or omissions, ambiguities, coordination problems, and other defects. Consultant shall take into account any and all applicable plans and/or specifications furnished by City, or by others at City’s direction or request, to Consultant during the term of this Agreement. All materials, buildings, structures, or equipment designed or selected by Consultant shall be workable and fit for the intended use thereof, and will comply with all applicable governmental requirements. Consultant shall require its employees to observe the working hours, rules, security regulations and holiday schedules of City while working and to perform its Services in a manner which does not unreasonably interfere with the City’s business and operations, or the business and operations of other tenants and occupants in the City which may be affected by the work relative to this Agreement. Consultant shall take all necessary precautions to assure the safety of its employees who are engaged in the performance of the Services, all equipment and supplies used in connection therewith, and all property of City or other parties that may be affected in connection therewith. If requested by City, Consultant shall promptly replace any employee or agent performing the Services if, in the opinion of the City, the performance of the employee or agent is unsatisfactory. Consultant is responsible for conforming its final work product to generally accepted professional standards for all work performed pursuant to this Agreement. Nothing in this Agreement accords any third-party beneficiary rights whatsoever to any non-party to this Agreement that any non-party may seek to enforce. Consultant acknowledges and agrees that should Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b Consultant or its sub-consultants provide false information, or fail to be or remain in compliance with this Agreement; the City may void this Agreement. The Consultant warrants and states that it has read the Contract Documents, and agrees to be bound thereby, including all performance guarantees as respects Consultant’s work and all indemnity and insurance requirements. The Consultant shall obtain prior approval from the City prior to sub-contracting with any entity or person to perform any of the work required under this Agreement. If the Consultant sub-contracts any of the services to be performed under this Agreement, the sub-consultant agreement shall provide that the services to be performed under any such agreement shall not be sublet, sold, transferred, assigned or otherwise disposed of to another entity or person without the City’s prior written consent. The Consultant shall be responsible for the accuracy and quality of any sub-consultant’s work. All sub-consultant agreements shall include verbatim or by reference the provisions in this Agreement binding upon Consultant as to all Services provided by this Agreement, such that it is binding upon each and every sub-consultant that does work or provides Services under this Agreement. The Consultant shall cooperate fully with the City, other City contractors, other municipalities and local government officials, public utility companies, and others, as may be directed by the City. This shall include attendance at meetings, discussions and hearings as requested by the City. This cooperation shall extend to any investigation, hearings or meetings convened or instituted by the City, any of its departments, and/or OSHA relative to this Project, as necessary. Consultant shall cooperate with the City in scheduling and performing its Work to avoid conflict, delay in or interference with the work of others, if any, at the Project. Except as otherwise provided herein, the nature and scope of Services specified in this Agreement may only be modified by a writing approved by both parties. This Agreement may be modified or amended from time to time provided, however, that no such amendment or modification shall be effective unless reduced to writing and duly authorized and signed by the authorized representatives of the parties. B. Representation and Warranties. Consultant represents and warrants that: (1) Consultant possesses and will keep in force all required licenses to perform the Services; (2) the employees of Consultant performing the Services are fully qualified, licensed as required, and skilled to perform the Services. C. Breach/Default. Any one of the following events shall be deemed an Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b event of default hereunder by Consultant, subject to Consultant’s right to cure: 1. Failure to perform the Services as defined in Paragraph A above and contained within Exhibit A; 2. Failure to comply with any other of the General Provisions contained within this contract. Consultant, within thirty (30) days, shall have the right to cure any default herein listed at its own expense, including completion of Services or the replacement or termination of any agent, employee, or sub-contractor as a result of any violation of the General Provisions contained herein. D. Remedy. City does not waive any right to exercise any option to cure any breach or default on the part of contractor, including but not limited to injunctive relief, an action in law or equity or termination of this Agreement as outlined in Paragraph E of this section. E. Termination. City may, at any time, with or without cause, terminate this Agreement upon seven (7) days written notice to Consultant. If the City terminates this agreement, the City will make payment to Consultant for Services performed prior to termination. Payments made by the City pursuant to this Agreement are subject to sufficient appropriations made by the City of Evanston City Council. In the event of termination resulting from non-appropriation or insufficient appropriation by the City Council, the City’s obligations hereunder shall cease and there shall be no penalty or further payment required. In the event of an emergency or threat to the life, safety or welfare of the citizens of the City, the City shall have the right terminate this Agreement without prior written notice. Within thirty (30) days of termination of this Agreement, the Consultant shall turn over to the City any documents, drafts, and materials, including but not limited to, outstanding work product, data, studies, test results, source documents, AutoCAD Version 2007, PDF, ARTView, Word, Excel spreadsheets, technical specifications and calculations, and any other such items specifically identified by the City related to the Services herein. F. Independent Consultant. Consultant’s status shall be that of an independent Consultant and not that of a servant, agent, or employee of City. Consultant shall not hold Consultant out, nor claim to be acting, as a servant, agent or employee of City. Consultant is not authorized to, and shall not, make or undertake any agreement, understanding, waiver or representation on behalf of City. Consultant shall at its own expense comply with all applicable workers compensation, unemployment insurance, employer ’s liability, tax withholding, minimum wage and hour, and other federal, state, county and municipal laws, ordinances, rules, Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b regulations and orders. Consultant shall require its employees to observe the working hours, rules, security regulations and holiday schedules of City, including but not limited to all policies and work rules applicable to City employees while on City property such as the Workplace Harassment Policy; COVID-19 Vaccination Policy; and Drug and Alcohol Policy. Consultant agrees to abide by the Occupational Safety & Health Act of 1970 (OSHA), and as the same may be amended from time to time, applicable state and municipal safety and health laws and all regulations pursuant thereto. Consultant shall certify that its agents, employees and subcontractors are in compliance with City work rules applicable to City employees while on City property. Failure to certify or violation of work rules is subject to the Default provisions of Paragraph C. G. Conflict of Interest. Consultant represents and warrants that no prior or present services provided by Consultant to third parties conflict with the interests of City in respect to the Services being provided hereunder except as shall have been expressly disclosed in writing by Consultant to City and consented to in writing to City. H. Ownership of Documents and Other Materials. All originals, duplicates and negatives of all plans, drawings, reports, photographs, charts, programs, models, specimens, specifications, AutoCAD Version 2007, Excel spreadsheets, PDF, and other documents or materials required to be furnished by Consultant hereunder, including drafts and reproduction copies thereof, shall be and remain the exclusive property of City, and City shall have the unlimited right to publish and use all or any part of the same without payment of any additional royalty, charge, or other compensation to Consultant. Upon the termination of this Agreement, or upon request of City, during any stage of the Services, Consultant shall promptly deliver all such materials to City. Consultant shall not publish, transfer, license or, except in connection with carrying out obligations under this Agreement, use or reuse all or any part of such reports and other documents, including working pages, without the prior written approval of City, provided, however, that Consultant may retain copies of the same for Consultant’s own general reference. I. Payment. Invoices for payment shall be submitted by Consultant to City at the address set forth above, together with reasonable supporting documentation, City may require such additional supporting documentation as City reasonably deems necessary or desirable. Payment shall be made in accordance with the Illinois Local Government Prompt Payment Act, after City’s receipt of an invoice and all such supporting documentation. J. Right to Audit. Consultant shall for a period of three years following performance of the Services, keep and make available for the inspection, Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b examination and audit by City or City’s authorized employees, agents or representatives, at all reasonable time, all records respecting the services and expenses incurred by Consultant, including without limitation, all book, accounts, memoranda, receipts, ledgers, canceled checks, and any other documents indicating, documenting, verifying or substantiating the cost and appropriateness of any and all expenses. If any invoice submitted by Consultant is found to have been overstated, Consultant shall provide City an immediate refund of the overpayment together with interest at the highest rate permitted by applicable law, and shall reimburse all of City’s expenses for and in connection with the audit respecting such invoice. K. Indemnity. Consultant shall defend, indemnify and hold harmless the City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including but not limited to costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Consultant or Consultant’s sub-contractors, employees, agents or sub-contractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. Nothing contained herein shall be construed as prohibiting the City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. The Consultant shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. At the City Corporation Counsel’s option, Consultant must defend all suits brought upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Consultant of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Agreement by Consultant must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City. To the extent permissible by law, Consultant waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums due under any Losses, including any claim by any employee of Consultant Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b that may be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision, including but not limited to, Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991). The City, however, does not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the Illinois Pension Code or any other statute. Consultant shall be responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from or arising out of any act or omission, neglect, or misconduct in the performance of its Work or its sub-consultants’ work. Acceptance of the work by the City will not relieve the Consultant of the responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for loss or damage resulting therefrom. All provisions of this Section shall survive completion, expiration, or termination of this Agreement. L. Insurance. Consultant shall carry and maintain at its own cost with such companies as are reasonably acceptable to City all necessary liability insurance (which shall include as a minimum the requirements set forth below) during the term of this Agreement, for damages caused or contributed to by Consultant, and insuring Consultant against claims which may arise out of or result from Consultant’s performance or failure to perform the Services hereunder: (1) worker ’s compensation in statutory limits and employer ’s liability insurance in the amount of at least $500,000, (2) comprehensive general liability coverage, and designating City as additional insured for not less than $3,000,000 combined single limit for bodily injury, death and property damage, per occurrence, (3) comprehensive automobile liability insurance covering owned, non-owned and leased vehicles for not less than $1,000,000 combined single limit for bodily injury, death or property damage, per occurrence, and (4) errors and omissions or professional liability insurance respecting any insurable professional services hereunder in the amount of at least $1,000,000. Consultant shall give to the City certificates of insurance for all Services done pursuant to this Agreement before Consultant performs any Services, and, if requested by City, certified copies of the policies of insurance evidencing the coverage and amounts set forth in this Section. The City may also require Consultant to provide copies of the Additional Insured Endorsement to said policy (ies) which name the City as an Additional Insured for all of Consultant’s Services and work under this Agreement. Any limitations or modification on the certificate of insurance issued to the City in compliance with this Section that conflict with the provisions of this Section shall have no force and effect. Consultant’s certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without thirty (30) days prior written notice (hand delivered or registered mail) to City. Consultant understands that the acceptance of certificates, policies and any other Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b documents by the City in no way releases the Consultant and its sub-contractors from the requirements set forth herein. Consultant expressly agrees to waive its rights, benefits and entitlements under the “Other Insurance” clause of its commercial general liability insurance policy as respects the City. In the event Consultant fails to purchase or procure insurance as required above, the parties expressly agree that Consultant shall be in default under this Agreement, and that the City may recover all losses, attorney’s fees and costs expended in pursuing a remedy or reimbursement, at law or in equity, against Consultant. Consultant acknowledges and agrees that if it fails to comply with all requirements of this Section, that the City may void this Agreement. M. Confidentiality. In connection with this Agreement, City may provide Consultant with information to enable Consultant to render the Services hereunder, or Consultant may develop confidential information for City. Consultant agrees (i) to treat, and to obligate Consultant’s employees to treat, as secret and confidential all such information whether or not identified by City as confidential, (ii) not to disclose any such information or make available any reports, recommendations and /or conclusions which Consultant may make for City to any person, firm or corporation or use the same in any manner whatsoever without first obtaining City’s written approval, and (iii) not to disclose to City any information obtained by Consultant on a confidential basis from any third party unless Consultant shall have first received written permission from such third party to disclose such information. Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure within limited statutory timeframes (five (5) working days with a possible five (5) working day extension). Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the Consultant’s control, the Consultant shall promptly provide all requested records to the City so that the City may comply with the request within the required timeframe. The City and the Consultant shall cooperate to determine what records are subject to such a request and whether or not any exemption to the disclosure of such records or part thereof is applicable. Vendor shall indemnify and defend the City from and against all claims arising from the City’s exceptions to disclosing certain records which Vendor may designate as proprietary or confidential. Compliance by the City with an opinion or a directive from the Illinois Public Access Counselor or the Attorney General under FOIA, or with a decision or order of Court with jurisdiction over the City, shall not be a violation of this Section. Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b N. Use of City’s Name or Picture of Property. Consultant shall not in the course of performance of this Agreement or thereafter use or permit the use of City’s name nor the name of any affiliate of City, nor any picture of or reference to its Services in any advertising, promotional or other materials prepared by or on behalf of Consultant, nor disclose or transmit the same to any other party. O. No Assignments or Sub-contracts. Consultant shall not assign or sub-contract all or any part or its rights or obligations hereunder without City’s express prior written approval. Any attempt to do so without the City’s prior consent shall, at City’s option, be null and void and of no force or effect whatsoever. Consultant shall not employ, contract with, or use the services of any other architect, interior designer, engineer, consultant, special contractor, or other third party in connection with the performance of the Services without the prior written consent of City. P. Compliance with Applicable Statutes, Ordinances and Regulations. In performing the Services, Consultant shall comply with all applicable federal, state, county, and municipal statutes, ordinances and regulations, at Consultant’s sole cost and expense, except to the extent expressly provided to the contrary herein. Whenever the City deems it reasonably necessary for security reasons, the City may conduct at its own expense, criminal and driver history background checks of Consultant’s officers, employees, sub-contractors, or agents. Consultant shall immediately reassign any such individual who in the opinion of the City does not pass the background check. Q. Liens and Encumbrances. Consultant, for itself, and on behalf of all sub-contractors, suppliers, materialmen and others claiming by, through or under Consultant, hereby waives and releases any and all statutory or common law mechanics’ materialmen’s’ or other such lien claims, or rights to place a lien upon City property or any improvements thereon in connection with any Services performed under or in connection with this Agreement. Consultant further agrees, as and to the extent of payment made hereunder, to execute a sworn affidavit respecting the payment and lien releases of all sub-contractors, suppliers and materialmen, and a release of lien respecting the Services at such time or times and in such form as may be reasonably requested by City. Consultant shall protect City from all liens for labor performed, material supplied or used by Consultant and/or any other person in connection with the Services undertaken by consultant hereunder, and shall not at any time suffer or permit any lien or attachment or encumbrance to be imposed by any sub-consultant, supplier or materialmen, or other person, firm or corporation, upon City property or any improvements thereon, by reason or any claim or demand against Consultant or otherwise in connection with the Services. Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b R. Notices. Every notice or other communication to be given by either party to the other with respect to this Agreement, shall be in writing and shall not be effective for any purpose unless the same shall be served personally or by United States certified or registered mail, postage prepaid, addressed if to City as follows: City of Evanston, 2100 Ridge Avenue, Evanston, Illinois 60201, Attention: Purchasing Division and to Consultant at the address first above set forth, or at such other address or addresses as City or Consultant may from time to time designate by notice given as above provided. S. Attorney’s Fees. In the event that the City commences any action, suit, or other proceeding to remedy, prevent, or obtain relief from a breach of this Agreement by Consultant, or arising out of a breach of this Agreement by Consultant, the City shall recover from the Consultant as part of the judgment against Consultant, its attorneys’ fees and costs incurred in each and every such action, suit, or other proceeding. T. Waiver. Any failure or delay by City to enforce the provisions of this Agreement shall in no way constitute a waiver by City of any contractual right hereunder, unless such waiver is in writing and signed by City. U. Severability. In the event that any provision of this Agreement should be held void, or unenforceable, the remaining portions hereof shall remain in full force and effect. V. Choice of Law. The rights and duties arising under this Agreement shall be governed by the laws of the State of Illinois. Venue for any action arising out or due to this Agreement shall be in Cook County, Illinois. The City shall not enter into binding arbitration to resolve any dispute under this Agreement. The City does not waive tort immunity by entering into this Agreement. W. Time. Consultant agrees all time limits provided in this Agreement and any Addenda or Exhibits hereto are of essence to this Agreement. Consultant shall continue to perform its obligations while any dispute concerning the Agreement is being resolved, unless otherwise directed by the City. X. Survival. Except as expressly provided to the contrary herein, all provisions of this Agreement shall survive all performances hereunder including the termination of the Consultant. VI. EQUAL EMPLOYMENT OPPORTUNITY In the event of the Consultant’s noncompliance with any provision of Section 1-12-5 of the Evanston City Code, the Illinois Human Rights Act or any other Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b applicable law, the Consultant may be declared non-responsible and therefore ineligible for future contracts or sub-contracts with the City, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of the contract, the Consultant agrees as follows: A. That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, or age or physical or mental disabilities that do not impair ability to work, and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. Consultant shall comply with all requirements of City of Evanston Code Section 1-12-5. B. That, in all solicitations or advertisements for employees placed by it on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, or disability. VII. SEXUAL HARASSMENT POLICY The Consultant certifies pursuant to the Illinois Human Rights Act (775 ILCS 5/2105 et. seq.), that it has a written sexual harassment policy that includes, at a minimum, the following information: A. The illegality of sexual harassment; B. The definition of sexual harassment under State law; C. A description of sexual harassment utilizing examples; D. The Consultant’s internal complaint process including penalties; E. Legal recourse, investigation and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission, and directions on how to contact both; and F. Protection against retaliation as provided to the Department of Human Rights. VIII. CONSULTANT CERTIFICATIONS A. Consultant acknowledges and agrees that should Consultant or its sub-consultant provide false information, or fails to be or remain in compliance with the Agreement, the City may void this Agreement. Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b B. Consultant certifies that it and its employees will comply with applicable provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. Section 1201 et seq.) and applicable rules in performance under this Agreement. C. If Consultant, or any officer, director, partner, or other managerial agent of Consultant, has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Consultant certifies at least five years have passed since the date of the conviction. D. Consultant certifies that it has not been convicted of the offense of bid rigging or bid rotating or any similar offense of any State in the U.S., nor made any admission of guilt of such conduct that is a matter of record. (720 ILCS 5/33 E-3, E-4). E. In accordance with the Steel Products Procurement Act, Consultant certifies steel products used or supplied in the performance of a contract for public works shall be manufactured or produced in the U.S. unless the City grants an exemption. F. Consultant certifies that it is properly formed and existing legal entity, and as applicable, has obtained an assumed name certificate from the appropriate authority, or has registered to conduct business in Illinois and is in good standing with the Illinois Secretary of State. G. If more favorable terms are granted by Consultant to any similar governmental entity in any state in a contemporaneous agreement let under the same or similar financial terms and circumstances for comparable supplies or services, the more favorable terms shall be applicable under this Agreement. H. Consultant certifies that it is not delinquent in the payment of any fees, fines, damages, or debts to the City of Evanston. IX. INTEGRATION This Agreement, together with Exhibits A, B, C, and D sets forth all the covenants, conditions and promises between the parties with regard to the subject matter set forth herein. There are no covenants, promises, agreements, conditions or understandings between the parties, either oral or written, other than those contained in this Agreement. This Agreement has been negotiated and entered into by each party with the opportunity to consult with its counsel regarding the terms therein. No portion of the Agreement shall be construed against a party due to the fact that one party drafted that particular portion as the rule of contra proferentem shall not apply. Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b In the event of any inconsistency between this Agreement, and any Exhibits, this Agreement shall control over the Exhibits. In no event shall any proposal or contract form submitted by Consultant be part of this Agreement unless agreed to in a writing signed by both parties and attached and referred to herein as an Addendum, and in such event, only the portions of such proposal or contract form consistent with this Agreement and Exhibits hereto shall be part hereof. IN WITNESS WHEREOF, the parties hereto have each approved and executed this Agreement on the day, month and year first above written. CONSULTANT: CITY OF EVANSTON 2100 RIDGE AVENUE EVANSTON, IL 60201 By: ________________________ By:________________________ Luke Stowe Its: ________________________ Its: City Manager FEIN Number: _______________ Date: _______________________ Date: _______________________ Approved as to form: By: Alexandra B. Ruggie Its: Interim Corporation Counsel Revision: April 2021 Lea Pinsky Executive Director, Art Encounter 36-2996611 March 5, 2025 ________ 04 / 08 / 2025 Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b EXHIBIT A – Project Milestones and Deliverables This EXHIBIT A to that certain Consulting Agreement dated _February 5, 2025_ between the City of Evanston, 2100 Ridge Avenue, Evanston, Illinois, 60201(“City”) and __Art Encounter___ (“Consultant”) sets forth the Commencement and Completion Date, Services, Fees, and Reimbursable Expenses as follows: I. COMMENCEMENT DATE: _February 5, 2025___ II. COMPLETION DATE: __December 31, 2026___ III. FEES: $125,000 IV. SERVICES/SCOPE OF WORK: Business District Gateway Murals for Ashland Arts, Maple/Foster, Downtown, Main-Dempster Mile, and Central Street, as defined in consultant’s proposals. Doc ID: 2282d97c38d0b68f9e65ad2443db374c002e498b Approval of Four Evanston Thrives Business District Gateway... Approval_of...mount_n.pdf and 1 other 2282d97c38d0b68f9e65ad2443db374c002e498b MM / DD / YYYY Signed 04 / 08 / 2025 16:08:27 UTC-5 Sent for signature to Alexandra Ruggie (aruggie@cityofevanston.org) and Luke Stowe (lstowe@cityofevanston.org) from lthomas@cityofevanston.org IP: 50.171.242.186 04 / 08 / 2025 16:16:45 UTC-5 Viewed by Alexandra Ruggie (aruggie@cityofevanston.org) IP: 50.171.242.186 04 / 08 / 2025 16:16:58 UTC-5 Signed by Alexandra Ruggie (aruggie@cityofevanston.org) IP: 50.171.242.186 04 / 08 / 2025 16:52:08 UTC-5 Viewed by Luke Stowe (lstowe@cityofevanston.org) IP: 50.171.242.186 04 / 08 / 2025 16:53:09 UTC-5 Signed by Luke Stowe (lstowe@cityofevanston.org) IP: 50.171.242.186 The document has been completed.04 / 08 / 2025 16:53:09 UTC-5