HomeMy WebLinkAboutContract- 120Water Inc. - Water Testing Services $140,557.50 7.1.25 -2.26.28 (RFP #25-06)Page 1 of 1
Memorandum
Luke Stowe, City ManagerTo:
Paul Moyano, Senior Project ManagerFrom:
Water Testing ServicesSubject:
RFP No. 25-06
Professional Services Agreement
June 25, 2025Date:
City Council authorized the City Manager to execute the agreement for Professional
Services for engineering related to the Water Testing (RFP 25-06) May 27, 2025. The
Professional Services Agreement is attached for your signature. The council memo and
a copy of the council action are also attached for your reference.
Please sign the Agreement and return to Paul Moyano through email. If you need any
additional information, please contact Paul Moyano at x8217.
Attachments:
1. Council Memo (for reference)
2. Council Action (for reference)
3. Agreement (for signature on Page 12 of the Agreement / Page 21 of the PDF)
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Attachment 1 – Council Memo
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Memorandum
To: Honorable Mayor and Members of the City Council
CC: Members of Administration and Public Works Committee
From: Paul Moyano, Senior Project Manager
CC: Edgar Cano, Public Works Agency Director; Lara Biggs, Capital
Planning & Engineering Bureau Chief / City Engineer
Subject: Approval of Contract with 120Water, Inc. for Water Testing Services
(RFP 25-06)
Date: May 27, 2025
Recommended Action:
Staff recommends the City Council authorize the City Manager to execute an agreement with
120Water, Inc. (250 S. Elm Street, Zionsville, IN 46077) for Water Testing Services (RFP 25-
06) in the amount of $140,557.50.
Funding Source:
Funding for this project is from the Water Fund (Account No. 510.40.7330.62145), which has
an approved FY 2025 budget of $5,105,000 and a YTD balance of $3,418,696, of which
$625,000 was committed to professional services related to lead service line replacement.
CARP:
Vulnerable Populations
Council Action:
For Action
Summary:
Recent regulations have increased the amount of water quality sampling and testing for lead
that the City is responsible for completing.
The Illinois Environmental Protection Agency (IEPA) enacted the Illinois Lead Service Line
Replacement full the 2022, in 102-0613) mandating (Public Act Notificationand Act
replacement of lead water service lines during water main projects. This year, the City plans
to replace up to 430 lead service lines as part of construction projects. These projects are
part of the City’s annual water main replacement program, and a second construction
contract replacements. utilizing funding from the IEPA for lead service line Federal
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regulations require that systems that exceed the federal action threshold offer water testing to
residents action federal remain levels below Evanston’s Although LSLR. after lead
thresholds, the City proactively offers residents post-replacement water testing.
Page 2 of 4
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Page 3 of 4
A5.Page 209 of 328
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RFP 25-06 Water Testing Services Waiver, M/W/D/EBE Memo 05-27-2025
To: Paul Moyano, Senior Project Manager
CC: Edgar Cano, Public Works Agency Director; Lara Biggs, Capital
Planning & Engineering Bureau Chief / City Engineer
From: Tammi Nunez, Purchasing Manager
Subject: RFP 25-06 Water Testing Services – MWDEBE Waiver
Date: May 27, 2025
The goal of the Minority, Women, Disadvantaged, and Evanston Business
Enterprise Program (M/W/D/EBE) is to assist such businesses with growth
opportunities. To help ensure such growth, the City has established a 25%
M/W/D/EBE subcontracting participation goal for general contractors.
With regard to the recommendation for the RFP 25-06 Water Testing Services,
120Water, Inc., the total base proposal is $140,557.50. 120Water, Inc. requests
to waive the 25% MWDEBE goal. 120Water received pricing from a certified firm
for analysis lab support, but their rate increased beyond that of their current
subcontracted partner. To ensure the most competitive price, consistency, and a
continued high level of service from their existing laboratory subcontractor, Meteri
Group. The Project Manager reviewed the waiver request and explanation, which
appears to be reasonable.
Cc: Hitesh Desai, Chief Financial Officer/Treasurer
Memorandum
Page 4 of 4
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Attachment 2 – Council Action
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Page 3 ACTIONS May 27, 2025
Item Item Description Motion Disposition
A4
Approval of a Contract with John Keno &
Company, Inc., for the Beck Park Expansion
Phase 1 Project (Bid 25-11)
Staff recommended that the City Council authorize
the City Manager to execute an agreement with John
Keno & Company, Inc. (8623 West Bryn Mawr
Avenue, Suite 501, Chicago, Illinois 60631) for the
Beck Park Expansion Phase 1 Project (Bid 25-11) in
the amount of $3,624,840.00.
Funding is provided from the Capital Improvement
Fund, 2025 Project Bonds in the amount of
$2,624,840, and a Department of Commerce and
Economic Opportunity (DCEO) Grant in the amount
of $1,000,000. The memo below includes a detailed
summary.
Approved for Action
6-2-1-0
Aye: Harris,
Nieuwsma, Burns,
Davis, Rodgers,
Geracaris
Naye:Kelly,
Suffredin
Absent: IIles
Abstained:
A5
Approval of Contract with 120Water, Inc. for
Water Testing Services (RFP 25-06)
Staff recommended the City Council authorize the
City Manager to execute an agreement with
120Water, Inc. (250 S. Elm Street, Zionsville, IN
46077) for Water Testing Services (RFP 25-06) in the
amount of $140,557.50.
Funding for this project is from the Water Fund
(Account No. 510.40.7330.62145), which has an
approved FY 2025 budget of $5,105,000 and a YTD
balance of $3,418,696, of which $625,000 was
committed to professional services related to lead
service line replacement.
Approved on
Consent Agenda for
Action
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Attachment 3 - Agreement
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Professional Services Agreement P a g e 1 of 12 Water Testing Services
CITY OF EVANSTON
PROFESSIONAL SERVICES AGREEMENT
The parties referenced herein desire to enter into an agreement for professional
services for
Water Testing Services
(“the Project”)
RFP Number: 25-06
THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this
20th day of June, 2025, between the City of Evanston, an Illinois municipal corporation with
offices located at 909 Davis Street, Evanston Illinois 60201 (hereinafter referred to as the
“City”), and 120Water, Inc., with offices located at 250 S. Elm, Zionsville, IN 45077,
(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 $140,557.50.
I. COMMENCEMENT DATE
Consultant shall commence the Services on July 1, 2025 or no later than three
(3) DAYS AFTER City executes and delivers this Agreement to Consultant.
II. COMPLETION DATE
Consultant shall complete the Services by February 26, 2028. If this Agreement
provides for renewals after an initial term, no renewal shall begin until agreed to in
writing by both parties prior to the completion date of this Agreement.
III. PAYMENTS
City shall pay Consultant those fees as provided here: Payment shall be made
upon the completion of each task for a project, as set forth in Exhibit A –
Project Milestones and Deliverables. Any expenses in addition to those set
forth here must be specifically approved by the City in writing in advance.
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IV. DESCRIPTION OF SERVICES
Consultant shall perform the services (the “Services”) set forth here: Services are
those as defined in Exhibit A, the City’s Request for Proposal No. #25-06 (Exhibit B)
and Consultant’s Response to the Proposal (Exhibit C). Services may include, if any,
other documented discussions and agreements regarding scope of work and cost
(Exhibit D).
V. GENERAL PROVISIONS
A. Services. Consultant shall perform the Services in a professional and
workmanlike manner. All Services performed and documentation (regardless
of format) provided by Consultant shall be in accordance with the standards of
reasonable care and skill of the profession, free from errors or omissions,
ambiguities, coordination problems, and other defects. Consultant shall take
into account any and all applicable plans and/or specifications furnished by
City, or by others at City’s direction or request, to Consultant during the term of
this Agreement. All materials, buildings, structures, or equipment designed or
selected by Consultant shall be workable and fit for the intended use thereof,
and will comply with all applicable governmental requirements. Consultant
shall require its employees to observe the working hours, rules, security
regulations and holiday schedules of City while working and to perform its
Services in a manner which does not unreasonably interfere with the City’s
business and operations, or the business and operations of other tenants and
occupants in the City which may be affected by the work relative to this
Agreement. Consultant shall take all necessary precautions to assure the
safety of its employees who are engaged in the performance of the Services,
all equipment and supplies used in connection therewith, and all property of
City or other parties that may be affected in connection therewith. If requested
by City, Consultant shall promptly replace any employee or agent performing
the Services if, in the opinion of the City, the performance of the employee or
agent is unsatisfactory.
Consultant is responsible for conforming its final work product to generally
accepted professional standards for all work performed pursuant to this
Agreement. Nothing in this Agreement accords any third-party beneficiary
rights whatsoever to any non-party to this Agreement that any non-party may
seek to enforce. Consultant acknowledges and agrees that should Consultant
or its sub-consultants provide false information, or fail to be or remain in
compliance with this Agreement; the City may void this Agreement. The
Consultant warrants and states that it has read the Contract Documents, and
agrees to be bound thereby, including all performance guarantees as respects
Consultant’s work and all indemnity and insurance requirements.
The Consultant shall obtain prior approval from the City prior to sub-
contracting with any entity or person to perform any of the work required under
this Agreement. If the Consultant sub-contracts any of the services to be
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performed under this Agreement, the sub-consultant agreement shall provide
that the services to be performed under any such agreement shall not be
sublet, sold, transferred, assigned or otherwise disposed of to another entity or
person without the City’s prior written consent. The Consultant shall be
responsible for the accuracy and quality of any sub-consultant’s work.
All sub-consultant agreements shall include verbatim or by reference the
provisions in this Agreement binding upon Consultant as to all Services
provided by this Agreement, such that it is binding upon each and every sub-
consultant that does work or provides Services under this Agreement.
The Consultant shall cooperate fully with the City, other City contractors, other
municipalities and local government officials, public utility companies, and
others, as may be directed by the City. This shall include attendance at
meetings, discussions and hearings as requested by the City. This
cooperation shall extend to any investigation, hearings or meetings convened
or instituted by the City, any of its departments, and/or OSHA relative to this
Project, as necessary. Consultant shall cooperate with the City in scheduling
and performing its Work to avoid conflict, delay in or interference with the work
of others, if any, at the Project.
Except as otherwise provided herein, the nature and scope of Services
specified in this Agreement may only be modified by a writing approved by
both parties. This Agreement may be modified or amended from time to time
provided, however, that no such amendment or modification shall be effective
unless reduced to writing and duly authorized and signed by the authorized
representatives of the parties.
B. Representation and Warranties. Consultant represents and warrants that:
(1) Consultant possesses and will keep in force all required licenses to
perform the Services; (2) the employees of Consultant performing the Services
are fully qualified, licensed as required, and skilled to perform the Services.
C. Breach/Default. Any one of the following events shall be deemed an event of
default hereunder by Consultant, subject to Consultant’s right to cure:
1. Failure to perform the Services as defined in Paragraph A above and
contained within Exhibit A;
2. Failure to comply with any other of the General Provisions contained within
this contract.
Consultant, within thirty (30) days, shall have the right to cure any default
herein listed at its own expense, including completion of Services or the
replacement or termination of any agent, employee, or sub-contractor as a
result of any violation of the General Provisions contained herein.
D. Remedy. City does not waive any right to exercise any option to cure any
breach or default on the part of contractor, including but not limited to
injunctive relief, an action in law or equity or termination of this Agreement as
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outlined in Paragraph E of this section.
E. Termination. City may, at any time, with or without cause, terminate this
Agreement upon seven (7) days written notice to Consultant. If the City
terminates this agreement, the City will make payment to Consultant for
Services performed prior to termination. Payments made by the City pursuant
to this Agreement are subject to sufficient appropriations made by the City of
Evanston City Council. In the event of termination resulting from non-
appropriation or insufficient appropriation by the City Council, the City’s
obligations hereunder shall cease and there shall be no penalty or further
payment required. In the event of an emergency or threat to the life, safety or
welfare of the citizens of the City, the City shall have the right terminate this
Agreement without prior written notice. Within thirty (30) days of termination of
this Agreement, the Consultant shall turn over to the City any documents,
drafts, and materials, including but not limited to, outstanding work product,
data, studies, test results, source documents, AutoCAD Version 2007, PDF,
ARTView, Word, Excel spreadsheets, technical specifications and
calculations, and any other such items specifically identified by the City related
to the Services herein.
F. Independent Consultant. Consultant’s status shall be that of an independent
Consultant and not that of a servant, agent, or employee of City. Consultant
shall not hold Consultant out, nor claim to be acting, as a servant, agent or
employee of City. Consultant is not authorized to, and shall not, make or
undertake any agreement, understanding, waiver or representation on behalf
of City. Consultant shall at its own expense comply with all applicable workers
compensation, unemployment insurance, employer’s liability, tax withholding,
minimum wage and hour, and other federal, state, county and municipal laws,
ordinances, rules, regulations and orders. Consultant shall require its
employees to observe the working hours, rules, security regulations and
holiday schedules of City, including but not limited to all policies and work
rules applicable to City employees while on City property such as the
Workplace Harassment Policy; COVID-19 Vaccination Policy; and Drug and
Alcohol Policy. Consultant agrees to abide by the Occupational Safety &
Health Act of 1970 (OSHA), and as the same may be amended from time to
time, applicable state and municipal safety and health laws and all regulations
pursuant thereto. Consultant shall certify that its agents, employees and
subcontractors are in compliance with City work rules applicable to City
employees while on City property. Failure to certify or violation of work rules is
subject to the Default provisions of Paragraph C.
G. Conflict of Interest. Consultant represents and warrants that no prior or
present services provided by Consultant to third parties conflict with the
interests of City in respect to the Services being provided hereunder except as
shall have been expressly disclosed in writing by Consultant to City and
consented to in writing to City.
H. Ownership of Documents and Other Materials. All originals, duplicates and
negatives of all plans, drawings, reports, photographs, charts, programs,
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models, specimens, specifications, AutoCAD Version 2007, Excel
spreadsheets, PDF, and other documents or materials required to be
furnished by Consultant hereunder, including drafts and reproduction copies
thereof, shall be and remain the exclusive property of City, and City shall have
the unlimited right to publish and use all or any part of the same without
payment of any additional royalty, charge, or other compensation to
Consultant. Upon the termination of this Agreement, or upon request of City,
during any stage of the Services, Consultant shall promptly deliver all such
materials to City. Consultant shall not publish, transfer, license or, except in
connection with carrying out obligations under this Agreement, use or reuse all
or any part of such reports and other documents, including working pages,
without the prior written approval of City, provided, however, that Consultant
may retain copies of the same for Consultant’s own general reference.
Consultant also retains the right to use City-provided data internally to
enhance its services and may retain ownership of derivative insights or usage
data developed in the course of performing its work under this Agreement.
I. Payment. Invoices for payment shall be submitted by Consultant to City at
the address set forth above, together with reasonable supporting
documentation, City may require such additional supporting documentation as
City reasonably deems necessary or desirable. Payment shall be made in
accordance with the Illinois Local Government Prompt Payment Act, after
City’s receipt of an invoice and all such supporting documentation.
J. Right to Audit. Consultant shall for a period of three years following
performance of the Services, keep and make available for the inspection,
examination and audit by City or City’s authorized employees, agents or
representatives, at all reasonable time, all records respecting the services and
expenses incurred by Consultant, including without limitation, all book,
accounts, memoranda, receipts, ledgers, canceled checks, and any other
documents indicating, documenting, verifying or substantiating the cost and
appropriateness of any and all expenses. If any invoice submitted by
Consultant is found to have been overstated, Consultant shall provide City an
immediate refund of the overpayment together with interest at the highest rate
permitted by applicable law, and shall reimburse all of City’s expenses for and
in connection with the audit respecting such invoice.
K. Indemnity. Consultant shall defend, indemnify and hold harmless the City
and its officers, elected and appointed officials, agents, and employees from
any and all liability, losses, or damages as a result of claims, demands, suits,
actions, or proceedings of any kind or nature, including but not limited to costs,
and fees, including attorney’s fees, judgments or settlements, resulting from or
arising out of any negligent or willful act or omission on the part of the
Consultant or Consultant’s sub-contractors, employees, agents or sub-
contractors during the performance of this Agreement. Such indemnification
shall not be limited by reason of the enumeration of any insurance coverage
herein provided. This provision shall survive completion, expiration, or
termination of this Agreement.
Nothing contained herein shall be construed as prohibiting the City, or its
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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 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
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respecting any insurable professional services hereunder in the amount of at
least $1,000,000. Consultant shall give to the City certificates of insurance for
all Services done pursuant to this Agreement before Consultant performs any
Services, and, if requested by City, certified copies of the policies of insurance
evidencing the coverage and amounts set forth in this Section. The City may
also require Consultant to provide copies of the Additional Insured
Endorsement to said policy (ies) which name the City as an Additional Insured
for all of Consultant’s Services and work under this Agreement. Any
limitations or modification on the certificate of insurance issued to the City in
compliance with this Section that conflict with the provisions of this Section
shall have no force and effect. Consultant’s certificate of insurance shall
contain a provision that the coverage afforded under the policy(s) will not be
canceled or reduced without thirty (30) days prior written notice (hand
delivered or registered mail) to City. Consultant understands that the
acceptance of certificates, policies and any other documents by the City in no
way releases the Consultant and its sub-contractors from the 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
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to the disclosure of such records or part thereof is applicable. Vendor shall
indemnify and defend the City from and against all claims arising from the
City’s exceptions to disclosing certain records which Vendor may designate as
proprietary or confidential. Compliance by the City with an opinion or a
directive from the Illinois Public Access Counselor or the Attorney General
under FOIA, or with a decision or order of Court with jurisdiction over the City,
shall not be a violation of this Section.
N. Use of City’s Name or Picture of Property. Consultant shall not in the
course of performance of this Agreement or thereafter use or permit the use 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 all or any
part or its rights or obligations hereunder without City’s express prior written
approval, provided that Consultant may assign, convey, or transfer (whether
by contract, merger, or operation of law) (collectively “assign” and its
cognates) without City’s consent any or all of Consultant’s rights or obligations
under this Agreement in connection with a merger, acquisition, corporate
reorganization, or sale of all or substantially all of Consultant’s assets or
equity, provided that (a) Consultant reasonably believes the assignee has
the operational ability to perform Consultant’s obligations under this
Agreement, or (b) if the assignee is an entity with whom City is prohibited by
law or regulation from conducting business, then City may terminate this
Agreement as provided herein. 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, provided, however, that Consultant may
engage subcontractors to perform or to support Consultant’s performance of
portions of the Services provided or made available to substantially all of
Consultant’s customers (e.g., data hosting, water testing, and other service
providers), provided that Consultant may not subcontract to a subcontractor
dedicated to City’s account any custom Services or custom-created
Deliverables specifically purchased only by City (and set forth in a separate
statement of work) without City’s prior written consent, such consent not being
unreasonably withheld, delayed, or conditioned.
A. 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.
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B. 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.
C. 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, 909 Davis Steet, 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.
D. 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.
E. 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.
F. 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.
G. 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.
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H. 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.
I. Survival. Except as expressly provided to the contrary herein, all provisions
of this Agreement shall survive all performances hereunder including the
termination of the Consultant.
VI. EQUAL EMPLOYMENT OPPORTUNITY
In the event of the Consultant’s noncompliance with any provision of Section 1-12-5
of the Evanston City Code, the Illinois Human Rights Act or any other applicable law,
the Consultant may be declared non-responsible and therefore ineligible for future
contracts or sub-contracts with the City, and the contract may be cancelled or voided
in whole or in part, and such other sanctions or penalties may be imposed or
remedies invoked as provided by statute or regulation.
During the performance of the contract, the Consultant agrees as follows:
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
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F. Protection against retaliation as provided to the Department of Human Rights.
VIII. CONSULTANT CERTIFICATIONS
A. Consultant acknowledges and agrees that should Consultant or its sub-
consultant provide false information, or fails to be or remain in compliance with the
Agreement, the City may void this Agreement.
B. Consultant certifies that it and its employees will comply with applicable
provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act,
the Americans with Disabilities Act (42 U.S.C. Section 1201 et seq.) and applicable
rules in performance under this Agreement.
C. If Consultant, or any officer, director, partner, or other managerial agent of
Consultant, has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or
a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Consultant
certifies at least five years have passed since the date of the conviction.
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
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party drafted that particular portion as the rule of contra proferentem shall not apply.
In the event of any inconsistency between this Agreement, and any Exhibits, this
Agreement shall control over the Exhibits. In no event shall any proposal or contract
form submitted by Consultant be part of this Agreement unless agreed to in a writing
signed by both parties and attached and referred to herein as an Addendum, and in
such event, only the portions of such proposal or contract form consistent with this
Agreement and Exhibits hereto shall be part hereof.
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
909 DAVIS STREET
EVANSTON, IL 60201
By: ________________________ By:________________________
Luke Stowe
Its: ________________________ Its: City Manager
FEIN Number: _______________ Date: _______________________
Date: _______________________ Approved as to form:
By:
Alexandra B. Ruggie
Its: Corporation Counsel
Revision: April 2021
Craig Herman, CRO
93-4964685
6/24/25
07 / 01 / 2025
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Professional Services Agreement Water Testing Services
EXHIBIT A
Project Milestones and Deliverables
This EXHIBIT A to that certain Consulting Agreement dated June 20, 2025 between the City
of Evanston, 909 Davis Street, Evanston, Illinois, 60201(“City”) and 120Water, Inc., 250 S.
Elm, Zionsville, IN 45077 (“Consultant”) sets forth the Commencement and Completion
Date, Services, Fees, and Reimbursable Expenses as follows:
I. COMMENCEMENT DATE: July 1, 2025
II. COMPLETION DATE: February 26, 2028
III. FEES:
Payment shall be made in accordance with the cost table below, based on actual quantities
performed.
2025 2026 2027 Task Unit Unit Cost Est
Qty
Total Cost Est
Qty
Total Cost Est
Qty
Total Cost Total 3-Year
Cost
1.0 Program
Development
1-Time
Lump Sum $0.00 1 $0.00
n/a n/a n/a n/a $0.00
2.0 LSLR
Testing
2.1 Outreach
Address Included 650 Included
650 Included 650 Included Included
2.2 Sample
Collection,
Analysis and
Reporting
Test
Analyzed
and
Reported $54.54 175 $9,544.50
175 $9,544.50 175 $9,544.50 $28,633.50
3.0 Compliance Testing
3.1 Outreach n/a n/a n/a n/a n/a n/a n/a n/a n/a
3.2 Sample
Collection,
Analysis, and
Reporting
Test
Analyzed
and
Reported $188.08 60 $11,284.80
120 $22,569.60 120 $22,569.60 $56,424.00
4.0 Project
Management
Annual
Lump Sum
Cost $18,500.00 1 $18,500.00
1 $18,500.00 1 $18,500.00 $55,500.00
TOTAL
n/a $39,329.30
n/a $50,614.10 n/a $50,614.10 $140,557.50
IV. SERVICES/SCOPE OF WORK:
As defined in RFP #25-06 (Exhibit B) and Consultants Response to Proposal
(Exhibit C) dated March 10, 2025.
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Professional Services Agreement Water Testing Services
EXHIBIT B
RFP Number: 25-06
Water Testing Services
Doc ID: 00e9cbe3adeb2f475fab22473ef4f1617cd4240e
Contract with 120Water, Inc. for Water Testing Services (RFP...
Luke_Signature_Pa...es__6-30-2025.pdf
00e9cbe3adeb2f475fab22473ef4f1617cd4240e
MM / DD / YYYY
Signed
06 / 30 / 2025
11:00:42 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
06 / 30 / 2025
12:52:03 UTC-5
Viewed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 174.208.224.120
06 / 30 / 2025
12:52:12 UTC-5
Signed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 174.208.224.120
07 / 01 / 2025
05:46:54 UTC-5
Viewed by Luke Stowe (lstowe@cityofevanston.org)
IP: 76.136.85.191
07 / 01 / 2025
05:47:33 UTC-5
Signed by Luke Stowe (lstowe@cityofevanston.org)
IP: 76.136.85.191
The document has been completed.07 / 01 / 2025
05:47:33 UTC-5