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HomeMy WebLinkAboutContract- BrightView - 2025 Great Merchant Grants Program & Business District Landscaping $80,640 7.1.25-12.31.26 (RFP #25-19) Memorandum To: Honorable Mayor and Members of the City Council From: Katheryn Boden, Economic Development Coordinator CC: Paul Zalmezak, Economic Development Manager Subject: Approval of a Contract with BrightView (230 N. Western Ave., Chicago, IL 60612) for the 2025 Great Merchant Grants Program and Business District Landscaping (RFP 25-19) Date: May 27, 2025 Recommended Action: Staff recommends that the City Council authorize the City Manager to execute a $77,140 contract with BrightView (230 N. Western Ave., Chicago, IL 60612) to deliver landscaping services to the business districts. Funding Source: The $26,975 funding will come from the Great Merchant Grant account, 100.15.5300.62656, which has a budget allocation of $77,500. Of this, $75,000 is remaining, and $50,165 will come from four different TIF funds. The memo provides a detailed funding table. CARP: Zero Waste Council Action: For Action Summary: Staff issued RFP 25-19 on April 10, 2025, seeking landscaping services for Evanston business districts, specifically for seasonal rotations and watering of planters in non-SSA districts (Howard Street, Noyes, Maple/Foster, Church & Dodge, Ashland Arts, West Village, and West End), landscaping along commercial corridors, and native plantings along the Metra City's thethrough RFP the distributed Main Street. on tracks CTA and Staff procurement process and distributed the RFP to Evanston-registered landscape contractors. The proposal processyielded four responses from the firms (listed alphabetically below) before the closing date of May 1, 2025. Business District Planters & Landscaping Responses Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 Firm Location Total Brightview Chicago, IL $77,140 Christy Webber Landscapes Chicago, IL $86,725 Friends Using Tools Lake Zurich, IL $69,960 Herrera Snow Removal and Landscape Skokie, IL $83,944 The proposal review team included the following:  Katie Boden, Economic Development Coordinator  Paul Zalmezak, Economic Development Manager  William Reed, Project Management Supervisor  Cheryl Stuart, Purchasing Specialist The table below reflects the scoring of each of the firms based on their proposals: With an average score of 93.7, the staff is seeking the Council's approval of a contract with BrightView. Their proposal and pricing, totaling $77,140, are attached. The table below summarizes the funding per business district: DETAILED FUNDING INFORMATION District Funding Source G/L Total Noyes, Maple/Foster, Central, West Village Great Merchant Grant 100.15.5300.62656 $26,975 Howard Street Howard Ridge TIF 330.99.5860.65515 $13,450 Church & Dodge West Evanston TIF 335.99.5870.62490 $7,730 West End West Evanston TIF 335.99.5870.62490 $9,115 Ashland Arts Five-Fifths TIF 365.99.5900.62490 $8,640 Main-Dempster Mile Chicago Main TIF 345.99.3400.62490 $11,230 Total $77,140 Background Page 2 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 Evanston's Great Merchant Grant program is designed to provide small grants, ranging up to $10,000, to Evanston's small business/merchant associations to pursue projects that address at least one of three core areas: Enhancement of Physical Environment, Neighborhood Promotion, and Technical Assistance. Business Districts are eligible to receive up to $10,000, while affinity groups can receive up to $2,500 in matching funds. 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BrightView has been providing Litter Abatement/Cleanup services for Downtown Evanston for the last 25 years. We are proud of our relationship with Evanston, and we are excited to have an opportunity to work with the City of Evanston once again. We have carefully reviewed your specifications and have invested significant time to ensure we have developed a thorough and comprehensive proposal. We have reviewed every aspect of your site(s), considering all resources we feel will be required to serve you and your residents and to exceed your expectations. There are a few key areas we have dedicated thought towards, they include: •Details and planning to ensure success. BrightView creates a plan specific to your unique sites that reflects your expectations, resolves your challenges,and enhances your properties. We provide detailed plans,and the transparency required to build a lasting partnership. •Trusted communication is our partnership promise. Our successful partnerships include clear communication to your key people. We pride ourselves in regular service schedules, immediate responses, and follow-up communication. Our services are backed by monthly quality checks on your site, and our crews. From Day 1 BrightView provides you with a beautiful, safe, accessible, and healthy landscape that will maximize your investment, support your brand, and provide a welcoming environment for everyone –residents, employees, and visitors to Chicago. The City of Evanston is an exceptional community, and it is understood that the quality of our landscape and snow presentation and the thoroughness of our plan are an integral part of the driving the best experience for your residents. We appreciate the opportunity to get to know you, the sites, and present you with our custom service solution. Sincerely, Brandon Cummings Brandon Cummings Business Developer Page 56 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 About BrightView 3 Established in 1939, we are America’s top commercial landscape company. We plan, build and maintain hundreds of various city parks and streetscapes across the country. We cultivate healthy turf across America at Major League ballparks, the Olympics, D.C.’s National Mall, and on corporate and university campuses across the country --and we do it with incredible quality and passion. Our values, customer focus and family roots run deep, making BrightView an ideal company to provide City of Evanston with the highest quality of service. As the trusted manager of numerous premier complexes, parks and communities throughout the country, we deliver high -quality expertise in all aspects of the landscape industry. When you partner with BrightView, you receive personal service and proven expertise of a local, dedicated team backed by the strength and resources of the nation’s largest and most experienced landscape services company. In doing so, we commit to understanding your needs by creating a customized plan and following through with flawless execution every day. www.brightview.com BrightView Corporate Office 980 Jolly Rd #300 Blue Bell, PA 19422 BrightView Local Branch 230 N Western Avenue Chicago, IL 60612 Page 57 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 We Have You Covered at Every Stage 4 We have experience in all aspects of our business and have a desire to learn all facets of landscape so we can provide the best service to our customers. That means we will be here to take care of your landscape at every stage of your property’s lifecycle. As a full-service and team -based landscape company, we can mobilize quickly to respond to special requests that may fall outside of the scope of landscape maintenance. We take pride in providing the highest -quality landscape services with a worry -free, dependable service commitment. This all-encompassing expertise extends to: DESIGN Forward -thinking, constructible design that considers future operating costs. •Landscape Architecture & Planning •Design Build •Program Management DEVELOP Seamless project delivery that meets your goals, on -time and on -budget. •Planting •Hardscaping •Pools & Water Features •Compliance •Tree Growing & Moving ENHANCE Thoughtful improvements to enrich your landscape’s appearance and sustainability. •Enhancements •Sustainability •Water Management MAINTAIN Consistent service delivery and proactive solutions that keep your property at its best, now and in the future. •Landscape •Tree Care •Snow & Ice •Specialty Turf •Exterior Maintenance Page 58 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 An Expansive & Dedicated Support Network 5 Our organizational structure enables us to pair the power of national resources with the know -how of local landscape experts. Focused on operating standards and procedures that drive consistency and predictable outcomes, we listen carefully and measure success against your standards. We educate our employees – instilling knowledge, professionalism, and the confidence to effectively operate as an extension of your team. Senior leadership and account teams are accessible and involved. They ensure every team member understands your expectations and is empowered to exceed them. We equip our teams with operating standards that allow them to safely and successfully execute performance delivery. We have invested in refining the science, technology, and human expertise behind our integrated capabilities to establish an operational model that is unlike any other in the industry. Designed to be highly efficient in helping clients reduce their operating expenses, this approach helps to effectively maintain and improve landscape conditions down to very last detail. Page 59 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 The Breadth of Your Team 6 The team selected to maintain your property has the skills and experience necessary to meet your specific needs and expectations. Below is what you can learn to expect from each of the team members in place to support you. Field and Landscape Crews •Experienced landscape professionals at the heart of our company •Strong focus on attention to detail. •In charge of all groundwork that will take place on site, including mowing, blowing, edging, pruning, weeding and debris pick up. •Fulfill all contractual obligations and are directed by the Production Manager and Account Manager Crew Leader •Ensures readiness of workers, tools, and materials •Trains field personnel •Performs and leads job specifications Production Manager •Manages and schedules crews •Ensures readiness of workers, tools and materials •Maintains safe working conditions •Trains field personnel •Ensures delivery of job specifications and quality *Account Manager •Primary customer contact* •Accountable for customer satisfaction •Ensures compliance to job specifications and quality •Resolve / close service requests Branch Manager •Ensures quality and efficient landscape management for clients •Consistently improves best practices within the service branch •Leads and supports all branch personnel Vice President & General Manager •Ensures quality and efficient landscape management for clients •Responsible for supporting the entire market’s successful operation CL I E N T S E R V I C E T E A M Page 60 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 Your Local BrightView Team 7 Brandon Cummings | Business Developer Brandon.Cummings @BrightView.com | 312-371-9930 Since joining BrightView in February 2022, Brandon has created and maintained many long-lasting relationships with local and national businesses in the Chicagoland area. He prides himself in his ability to get to know the individuals he works with and really capture their needs. Brandon graduated from DePaul University with a degree in Marketing and an emphasis in Sales Leadership, both play a pivotal role in discovering what the client wants and needs and executing custom game plans for their businesses. Matt Maierhofer | General Manager Matt.Maierhofer@BrightView.com | 630.453.4430 Matt has 14 years of experience in the landscape industry. During that time, he has held a variety of roles including field supervisor, operations manager, senior estimator, branch manager, and currently general manager. Matt has worked on implementing and developing many operational processes to improve performance, quality, and safety of operational teams. Matt holds an Agribusiness degree from Illinois State University and holds certifications OSHA and Advanced Snow Manager certification. C esar Fuentes | Accoun t Manager c esar.fuente s @BrightView.com | 773 -220 -188 2 Cesar has been a team member with BrightView for 15+ years. He has serviced the Chicagoland area as a crew member, Operations Manager, Safety Leader, and now acts as an Account Manager. C esar strives to provide clients with a personal touch and prides himself on great customer service and providing a high standard of quality for the City of Evanston . Cesar has serviced the City of Evanston for years and loves working on the beautification of the City. Page 61 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 Ready, Trained and Enabled Crews on Your Site 8 As a service company, it is our belief that our deliverable quality of service starts with a safer, more knowledgeable, more efficient and more service -oriented team. BrightView has put together an extensive training and education program for the teams that will be taking care of The City of Evanston . This training and education is organized around a basic curriculum which we have outlined with a brief overview of each program. In addition to this formal training and education, BrightView will also be providing hands -on field training, cross training and mentorship on an ongoing basis. Hazardous Communication This program was developed to meet or exceed the requirements contained within OSHA CFR 1910.1200—Hazard Communication and any applicable state “Right-to -Know” laws and intended for all team members who may encounter hazardous chemicals through the course of their daily work. Standard Production Methods This program is taught by our in -house training staff to teach our team members the best -known methods of executing the fundamental landscape operations. Horticultural Training Levels I, II, and III - These three programs are taught by our in -house horticulture staff. The classes start with basic horticultural training such as proper pruning techniques and plant identification and then expand to over integrated pest management and the diagnosis and treatment of unusual and complex problems which occur in the landscape. Each section is two full days of classroom training and one day of follow -up application. Equipment Operation, Safety and Maintenance This in-house program provides detailed training and hands on instruction in the operation, safety and maintenance of all standard landscape equipment. Safety issues will be detailed in English and distributed in employee paychecks on a weekly basis. In addition, all supervisors will hold weekly tail- gate talks highlighting pertinent equipment operation, safety and maintenance issues. Page 62 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 Etiquette & Professionalism 9 Our purpose is to take care of the team at The City of Evanston by delivering consistent excellence. Our team members take great pride in the work they do and the trusted relationships they foster, and that extends to the respect you can expect to see towards both people and property. Here are some ways we plan to take care of your employees, while taking care of your properties. Our Etiquette Practices •Mow up around buildings prior to the arrival of tenants and visitors when possible. •Eliminates the risk of injury •Eliminates distractions •We practice the 25 Rule – within 25’ feet from any pedestrian we stop and power down our equipment and acknowledge with a smile, wave, or hello •Breaks are taken at high pedestrian and vehicle traffic times and/or shift changes. •Mow large open areas away from the building during peak traffic times. •Do not mow close to occupied areas •Look professional. All our team members are equipped with uniforms Professionals on the Job •All team members will adorn a clean BrightView uniformed shirt •When applicable, team members will also sport a BrightView hat •All team members will wear Proper Personal Protective Equipment (PPE) •ANSI-Approved eye protection •Hearing protective devices •Class III safety vests •Safety toe boots Our Employee Verification Process BrightView confirms the eligibility of each employee a time of hire, through a web -based system E-Verify. Electronically comparing information provided by the employee to records available to the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA), BrightView receive a response within seconds regarding the employee's eligibility. E-Verify is administered by SSA and U.S. Citizenship and Immigration Services (USCIS). USCIS facilitates compliance with U.S. immigration law by providing E -Verify program support, user support, training and outreach, and developing innovative technological solutions in employment eligibility verification. Page 63 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 BrightView’s 7 Standards of Excellence 10 1. Site Cleanliness 2. Weed Free 3. Green Turf 4. Crisp Edge Beds 5. Spectacular Flowers 6. Uniformly Mulched Beds 7. Neatly Pruned Trees & Shrubs The BrightView Standards of Excellence promote best practices in landscape maintenance and set a high bar for every property we serve. Our team members utilize strict quality standards and continuous improvement training to ensure you receive consistently excellent results. Each crew is equipped with this tool, it matches up with our Quality Inspection (QI) report, and it ensures: •Trained teams understand quality standards •Trained teams understand site specific expectations •Trained teams understand responsibility for meeting client expectation every day Page 64 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 Layered Communication & Quality Assurance 11 A customizable dashboard that will greatly improve communication, visibility, work order process, response time and transparency of service tickets. This tool will also be able to show and track where issues are coming from (i.e. mowing services, versus weeding etc.) and allow BrightView and The City of Evanston to create a plan to emphasize areas with positive results, as well as address items of concern in a quick fashion. Being able to get all Leaders together to discuss the state of the partnership on a Quarterly basis is key. We would set up 3 QBRs bringing our senior leadership in the market to truly drive a strong partnership. This timeframe will be used to either collaborate on KPI’s, discuss what’s ahead, areas of improvement or areas that are going well. This tool is something we would utilize on a monthly basis meant to collaborate and do an audit of the exterior identifying everything from missed items with follow up action, to bringing non -landscaping issues to your attention. This is something we do two times a year to really drive engagement and an understanding of where we truly sit in your eyes. With the results of the survey, we can have real conversations on where we sit, what’s working well and where are areas of opportunity. We consider communication a key priority for The City of Evanston, and the key to our success in delivering you not only the highest quality service, but also building a strong and lasting partnership. By being able to utilize all the tools below we are confident in creating a proactive, transparent and sustainable communication model. - Chris Bobo, Branch Manager We understand that there are a lot of moving parts on a daily and weekly basis at The City of Evanston. Our plan is to be on site regularly, driving our plans and interacting with your property management team. Our goal is to be an integral part of the site and be very interactive, driving value with the end goal of improving your experience. BrightView Connect Quarterly Business Reviews Quality Site Assessments (QSA) Customer Satisfaction Surveys Regular Site Visits Page 65 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 Ensuring Quality in Services 12 Our Quality Site Assessment (QSA) is a proprietary tool we have developed to help best capture quality assessment practices. This allows us to share our findings with you at each site easily, regularly, and promptly. Once the assessment is completed the report is automatically emailed to you for real -time communication and complete transparency. This report includes: •‘360 degree’ site inspections, performed with designated site contact •Observation images •Notes on items already on our radar •Recommendations that will give you a full view of your landscape •Provides opportunity for site contact and Branch Account Manager to strategically discuss short - and long -term plan for the site •Tags photos with notes •Electronically tracks carry-over items •Results downloaded and can be electronically sent to other stakeholders Page 66 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 Our Commitment to Safety 13 At BrightView, ensuring workplace safety is the responsibility of every leader and team member. We empower and expect everyone at BrightView to Take Pride in providing safe services and to Take Care of ourselves, each other and our clients. Through this shared commitment, we live our safety promise every day to provide the highest quality services in the safest manner possible. We actively strive for continuous improvement of our safety performance in relentless pursuit of our vision of creating a workplace where . In the landscape industry, the average OSHA Recordable Incident Rate is 4.20. At BrightView, our number is consistently well below; in fact, last year our rate was 1.83. How we do this: •In -house Employee Health and Branch Safety Experts Our teams are dedicated to cultivating and implementing industry-leading safety best practices that lower your liability and diminish risk. •Employee Training with BrightPath A comprehensive coaching program for new crew members provides peace of mind the teams that serve you are knowledgeable, well-qualified and will operate with the utmost safety and efficiency. •Safety and Hazard Awareness Training BrightView crews are equipped with an on-going training program to ensure they can operate with the highest safety standards in the business. At BrightView, we believe that safety is more than putting on a vest, goggles and gloves —it is woven into the fabric of our company. - Daniel Connolly, EHS Manager Page 67 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 Working Towards a Brighter, More Sustainable Future 14 CLEANER AIR BrightView to minimize greenhouse gas emissions in part using zero worx - and low -emission vehicles and equipment. RECYCLING GREEN WASTE As part of standard practice, BrightView repurposes green debris as compost or organic mulch and highlights compost as sustainable alternatives to clients EFFICIENT VEHICLES BrightView proudly manages a large fleet of vehicles, including hybrid vehicles, eco -boost and fully electric and continues to focus on sustainability and reducing carbon emissions in connection with its operations. EMISSIONS MANAGEMENT BrightView is one of the nation’s largest users of zero-emission commercial landscaping equipment including electric line trimmers, blowers, and mowers. EQUIPMENT REPLACEMENT & RECYCLING We regularly replace and recycle all equipment and vehicles in order to stay current with emission laws and updates in equipment fuel efficiency. WATER CONSERVATION BrightView is an industry- leading provider of water -efficient landscaping services and works with its clients to increase efficiencies in the responsible use of water, including reductions in wasted water usage and energy consumption. Committed to Sustainable Practices BrightView creates, preserves and maintains beautiful external environments. In addition to the landscapes BrightView designs, builds, maintains and enhances – and the millions of C02 -consuming plants and trees added to landscapes each year – BrightView is continually striving to minimize the impact of its work on the environment through innovative landscaping techniques, efficient equipment, and environmentally responsible practices. Page 68 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 5-Pronged Approach to Achieving Our Carbon Neutrality Goal 15 1. STEWARDSHIP: We’re actively engaging with industry partners and suppliers to lead a transformation towards our environmental goals. One of the ways we reduce waste is by using Root Stepper tray systems. These reusable trays enable planting of multiple plants avoiding the use of individual pots. 2. SUSTAINABILITY: We’re helping to sequester carbon by planting trees and through the sustainable design and maintenance of landscapes. BrightView plants more than 80,000 trees annually. By 2030, BrightView plans to engage in incremental initiatives to plant 2 million trees, which would offset the CO2 produced by approximately 7,000 vehicles. 3. A CLEANER FLEET: BrightView began introducing hybrid vehicles to our fleet 10 years ago and we intend to expand those efforts by deploying 500 electric vehicles over the coming 12 to 24 months. By 2027, we expect to convert approximately 30% of our total fleet to electric or hybrid. 4. GREENER EQUIPMENT: We plan to rapidly convert approximately 35,000 pieces of 2 -cycle gas powered equipment to rechargeable energy sources by 2025, resulting in a greater than 50 percent reduction in BrightView’s carbon footprint. 5. EFFICIENT BUILDINGS: Where possible, we intend to convert electrical power to our buildings with alternative energy sources and we are planning to pilot these measures at one of our branches in 2022. In the 300 properties we currently own or lease, we’re replacing outdated equipment and appliances with energy -efficient alternatives. Through paperless billing and digital record keeping, we’re saving more than 1 million sheets of paper annually. Page 69 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 Your Transition to BrightView 16 By selecting BrightView, you will find an experienced partner who will provide experts in many disciplines, each dedicated to your needs. In your first 180 days of service, you can reliably expect the following: PRE- SERVICE 30 DAYS 60 DAYS 90 DAYS 180 DAYS •Branch planning meeting •Identify and mitigate any safety hazards •Meet your Client Service Team. Establish communication, reporting expectations & preferences •Individual site planning •Initial site walk-through •Week 1 Alignment Check •Week 2 Alignment Check •30 Day Alignment Check •Receive first invoice •Site walk of facility •Receive/Complete Customer Satisfaction Survey •Review responses to Customer Satisfaction Survey with your Client Service Team, align and strengthen areas in need of improvement • Site walk of facility with your Client Service Team • 90 Day Alignment Check •Site walk of facility with your Client Service Team •180 Day Alignment Check •Begin discussions around how can we support your budget creation/ attainment with your Account Manager It is my job to ensure a smooth transition for our Clients and our Team With the guidance of our transition plan and designated experts in their fields, we are committed to a seamless transition and a strong first step. - Matt Maierhofer General Manager Page 70 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 17 Services Summary Below is a breakdown of the anticipated costs associated with servicing your property. We appreciate the opportunity to present our service offerings. Please let me know if there are any questions about the services or expenses outlined below. Questions? Reach out! SCOPE OF WORK: BUSINESS DISTRICT PLANTERS West End -Spring, Summer, Fall, and Winter rotations for thirteen (13) 30” diameter concrete planters -Watering and fertilization for thirteen (13) planters West Village -Spring, Summer, Fall, and Winter rotations for eleven (11) 30” diameter concrete planters -Spring, Summer, Fall, and Winter rotations for four (4) 18” diameter concrete planters -Watering and fertilization for fifteen (15) planters -Landscape maintenance for natural wildlife habitat garden located at 1400 Greenleaf Howard Street -Spring, Summer, Fall, and Winter rotations for fourteen (14) 20” diameter concrete planters -Spring, Summer, Fall, and Winter rotations for seven (7) 26” diameter concrete planters -Watering and fertilization for twenty-one (21) planters Ashland Arts -Spring, Summer, Fall, and Winter rotations for twelve (12) 30” diameter concrete planters -Watering and fertilization for twelve (12) planters Church & Dodge - Spring, Summer, Fall, and Winter rotations for ten (10) 30” diameter plastic planters -Watering and fertilization for ten (10) planters Noyes Street -Spring, Summer, Fall, and Winter rotations for eight (8) 30” diameter plastic planters -Watering and fertilization for eight (8) planters Page 71 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 18 Services Summary Questions? Reach out! SCOPE OF WORK: BUSINESS DISTRICT PLANTERS Maple/Foster -Spring, Summer, Fall, and Winter rotations for fourteen (14) 20” diameter plastic planters -Watering and fertilization for fourteen (14) planters Central Street -Spring, Summer, Fall, and Winter for four (4) planters -Watering and fertilization for four (4) planters All Districts -To include the cost of soil, rocks/pebbles, and all other materials (new and existing), besides the flowers/greens, as needed COMMERCIAL STREETSCAPES: This proposal provides for the maintenance, care, and all related activities of all exterior landscaped areas as outlined below. The type of maintenance, care, and other activities is defined in the following scope of services and is designed to promote healthy growth and create the landscape environment specified. BrightView will complete site visit maintenance sheets for each group of locations for every visit. These will be submitted with each monthly pay request. MISCELLANEOUS: 1.A general spring cleanup will be performed in early May each year to remove all overwintering debris and rake dead areas. A general cleanup will be performed during November/December each year. 2.A two to three-inch (2”-3”) depth of mulch will be installed in all planting beds in May of each year. Only twice- ground hardwood mulch will be used and will be furnished by the contractor unless otherwise specified by the City of Evanston. 3.Seasonal watering for all shrubs, perennials, and ground cover is included as part of this proposal and will be completed based on weather conditions on an as needed basis up to thirty (30) occurrences per year. Water supply will be the responsibility of the contractor. The contractor will be responsible for securing a water usage permit for access if necessary. Contractor may pay for and obtain water through the City’s bulk water fill station located at Cleveland and Hartrey. 4.Remove litter and other debris prior to working, including cigarette butts, plastic bags, and paper from all locations including landscaped beds, tree beds, sidewalks, and pathways. 5.Only electrical powered leaf blowers shall be used. Gas powered leaf blowers are prohibited. Page 72 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 References 19 In our effort to provide the best possible landscape & snow removal services, our customers have become raving fans. But don’t take our word for it. Ask them yourself! Oakbrook Center Alexander Palumbo (630) 686-3423 Alexander.Palumbo@brookfieldpr operties.com Rush University Medical Center Dave Scarlet (312) 783- 5800 Dave.scarlet@am.jll.com Page 73 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 Thank you again for the opportunity to present our landscape solution. Should you have any questions, please don’t hesitate to reach out to: Brandon Cummings Brandon.Cummings@BrightView.com 312.371.9930 Page 74 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 1 Revised 03 -02 -2023 CITY OF EVANSTON REQUEST FOR PROPOSAL NUMBER: 25-19 For City of Evanston Business District Planters and Landscaping Maintenance April 10, 2025 PROPOSAL DEADLINE: 2:00 P.M., May 1, 2025 ELECTRONIC BID SUBMITTAL: Bid responses will only be accepted electronically via E-bidding through DemandStar (WWW.DEMANDSTAR.COM ) It is highly recommended that new DemandStar users complete the account setup process prior to project due date/time. Page 75 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 2 Revised 03 -02 -2023 TABLE OF CONTENTS Notice to Proposers ........................................................................................................ 03 1.0 Introduction ........................................................................................................... 04 2.0 Scope of Services ................................................................................................ 04 3.0 Insurance .............................................................................................................. 07 4.0 Submittal Requirements (Please see Additional Documents) ....................... 08 5.0 Additional Submittal Requirements ..................................................................... 09 6.0 M/W/D/EBE Goals .............................................................................................. 09 7.0 Evaluation Criteria................................................................................................ 09 8.0 Selection Process ................................................................................................ 09 9.0 Proposed Schedule.............................................................................................. 10 10.0 Questions Regarding RFP .................................................................................. 10 11.0 General Terms and Conditions............................................................................ 10 Price/Costs Form ........................................................................................................... 16 RETURN ALL EXHIBITS WITH RFP Exhibit A – Disclosure of Ownership Interests .............................................................. 23 Exhibit B – Additional Information Sheet....................................................................... 26 Exhibit C – Conflict of Interest Form ............................................................................. 27 Exhibit D – Acknowledgement of Understanding .......................................................... 28 Exhibit E – Anti-Collusion Affidavit and Proposer’s Certification ................................. 29 Exhibit F – City of Evanston M/W/D/EBE Policy...................................................... 30 Exhibit G – M/W/D/EBE Participation Compliance Form ....................................... 31 Exhibit G – M/W/D/EBE Utilization Summary Report ............................................. 32 Exhibit H – M/W/D/EBE Participation Waiver Request ........................................... 33 Exhibit I – M/WD//EBE Assistance Organizations ........................................................ 34 Exhibit J – Professional Services Agreement Acknowledgement ............................... 35 Exhibit J - Consultant Certification and Verification .................................................... 36 Exhibit J – Professional Services Agreement ............................................................... 37 ADDITIONAL DOCUMENTS DemandStar- E-bidding Instructions………………………………………14pages Page 76 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 3 Revised 03 -02 -2023 CITY OF EVANSTON NOTICE TO PROPOSERS The City’s Purchasing Office will receive proposals until 2:00 P.M. local time on May 1, 2025. Responses will only be accepted electronically via E -bidding through DemandStar (www.demandstar.com ). Although registration is required, vendors can download solicitations and upload responses for free. Proposals shall cover the following: Business District Planters and Landscaping Maintenance RFP Number: 25-19 The City of Evanston’s Economic Development Division of the City Manager’s Office is seeking proposals from experienced firms for: changing of seasonal plantings and general maintenance of specified business district planters, and maintenance of commercial streetscapes along Howard Street, Main Street, and Chicago Ave. The above item shall conform to the RFP on file in the Purchasing Office. Parties interested in submitting a proposal should contact the Purchasing Office to receive a copy of the RFP or see the City’s website at: www.cityofevanston.org/business/bids-proposals/ or Demandstar at: www.demandstar.com . The City (the City of Evanston) in accordance with the laws of the State of Illinois, hereby notifies all firms that it will affirmatively ensure that the contract(s) entered into pursuant to this notice will be awarded to the successful firm without discrimination on the grounds of race, color, religion, sex, age, sexual orientation marital status, disability, familial status or national origin. The City of Evanston reserves the right to reject any or all submittals or to accept the submittal(s) deemed most advantageous to the City. The Evanston City Council also reserves the right to award the contract to an Evanston firm if that firm’s bid is within 5% of the low bid. Each Proposer shall be required to submit with his/her proposal a Disclosure of Ownership Interest Statement Form in accordance with Section 1-18-1 et seq. of the City Code. Failure to submit such information may result in the disqualification of such proposal. Cheryl Stuart Purchasing Specialist Page 77 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 4 Revised 03 -02 -2023 CITY OF EVANSTON Request for Proposal 1.0 INTRODUCTION (Sample INTRODUCTION ) The City is seeking proposals from experienced firms for changing seasonal plantings, general maintenance of planters, landscaping for the West Village garden located at 1400 Greenleaf St., and maintenance of commercial streetscapes at Howard St., Main St., Chicago Ave. The contract term desired is for a period of one (1) year. Contact with City personnel in connection with this RFP shall not be made other than as specified in this RFP. Unauthorized contact of any City personnel may be cause for rejection of a proposal. Prior to the submittal of a proposal, Proposers are advised to carefully examine ● the contract documents ● project scope and work tasks to be accomplished ● specifications ● submittal requirements ● insurance requirements and required documentation Proposers are advised to become thoroughly familiar with all conditions, instructions and specifications governing this RFP. Proposals shall be made in accordance with these instructions. Proposals shall be submitted on the forms provided by the City The City will not be liable in any way for any costs incurred by respondents in replying to this Request for Proposal. 2.0 SCOPE OF SERVICES Business District Planters ● West End ○ Spring, Summer, Fall, and Winter rotations for thirteen (13) 30” diameter concrete planters ○ Watering and fertilization for thirteen (13) planters ● West Village ○ Spring, Summer, Fall, and Winter rotations for eleven (11) 30” diameter concrete planters ○ Spring, Summer, Fall, and Winter rotations for four (4) 18” diameter concrete planters ○ Watering and fertilization for fifteen (15) planters ○ Landscape maintenance for natural wildlife habitat garden located at 1400 Greenleaf ● Howard Street ○ Spring, Summer, Fall, and Winter rotations for fourteen (14) 20” diameter concrete planters ○ Spring, Summer, Fall, and Winter rotations for seven (7) 26” diameter concrete planters Page 78 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 5 Revised 03 -02 -2023 ○ Watering and fertilization for twenty -one (21) planters ● Ashland Arts ○ Spring, Summer, Fall, and Winter rotations for twelve (12) 30” diameter concrete planters ○ Watering and fertilization for twelve (12) planters ● Church & Dodge ○ Spring, Summer, Fall, and Winter rotations for ten (10) 30” diameter plastic planters ○ Watering and fertilization for ten (10) planters ● Noyes Street ○ Spring, Summer, Fall, and Winter rotations for eight (8) 30” diameter plastic planters ○ Watering and fertilization for eight (8) planters ● Maple / Foster ○ Spring, Summer, Fall, and Winter rotations for fourteen (14) 20” diameter plastic planters ○ Watering and fertilization for fourteen (14) planters ● Central Street ○ Spring, Summer, Fall, and Winter rotations for four (4) planters ○ Watering and fertilization for four (4) planters ● All Districts ○ Please include the cost of soil, rocks/pebbles, and all other materials (new and existing), besides the flowers/greens, as needed The City does not expect any specific types of flowers included in the proposal. Respondents should submit creative proposals and are encouraged to use native plants. Please include a detailed description of flowers being proposed for each season. Commercial Streetscapes This proposal provides for the maintenance, care, and all related activities of all exterior landscaped areas as outlined below. The type of maintenance, care and other activities is defined in the following scope of services and is designed to promote healthy growth and create the landscape environment specified. Contractor will complete site visit maintenance sheets for each group of locations for every visit. These will be submitted with each monthly pay request. MISCELLANEOUS: 1. A general spring clean-up will be performed in early May each year to remove all overwintering debris and rake dead areas. A general fall clean -up will be performed during November/December each year. 2. A two to three-inch (2” – 3”) depth of mulch will be installed in all planting beds in May of each year. Only twice-ground hardwood mulch will be used, and will be furnished by the contractor unless otherwise specified by the City of Evanston. 3. Seasonal watering for all shrubs, perennials, and ground cover is included as part of this proposal and will be completed based on weather conditions on an as needed basis up to thirty (30) occurrences per year. Water supply will be the responsibility of the Contractor. The contractor will be responsible for securing a Page 79 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 6 Revised 03 -02 -2023 water usage permit for access if necessary. Contractor may pay for and obtain water through the City’s bulk water fill station located at Cleveland and Hartrey. 4. Remove litter and other debris prior to working, including cigarette butts, plastic bags, and paper from all locations including landscaped beds, tree beds, sidewalks, and pathways. 5. Only electric powered leaf blowers shall be used. (8-26-5) Gas powered leaf blowers are prohibited (8-26-4) GENERAL: 1. All work shall be performed by trained, properly supervised personnel in accordance with accepted horticultural practices. Chemicals will only be applied by personnel licensed by the State of Illinois and with prior approval from project manager. 2. All materials shall be applied in accordance with manufacturer’s directions. Where alternate products are available, the environmental impact of the products shall govern which is used. The City of Evanston will make the final decision in any event there is a dispute in which product will be used. 3. Adequate personnel and equipment shall be provided to permit the timely completion of all operations covered under this contract. 4. All landscape and non-landscape debris shall be removed from the site at the end of each visit at no additional charge. 5. Proof of current State of Illinois Pesticide licenses is required by the contractor before any work commences each year. 6. The contractor will assume the responsibility for contacting the local utility location services (JULIE) for underground line locations whenever necessary during the course of operations covered under this contract. 7. Pesticide use shall comply with the City’s Pest Control and Pesticide Reduction Policy (Resolution 20-R-10). 8. Progress reports shall be submitted to the Economic Development Division on a monthly basis throughout the course of this contract from May through December of each year. 9. All landscape and non-landscape debris shall be removed from the site at the end of each visit at no additional charge. Page 80 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 7 Revised 03 -02 -2023 COMMERCIAL STREETSCAPES AT HOWARD ST., MAIN ST., AND CHICAGO AVE. LOCATIONS: 1. The north side of Howard Street from Ridge Ave. to western boundary of the CTA right-of -way, but specifically excluding lights, signs, and fences. 2. The Main Street Streetscape from Hinman Avenue to one block west of Sherman Avenue, but specifically excluding, lights, signs, and fences. Included as part of this proposal are streetscape improvements immediately north and south of Main Street at the intersections of Hinman Avenue, Chicago Avenue, Custer Avenue, and Sherman Avenue. 3. The six (6) planting beds along the Chicago Ave. streetscape from just north of Washington St. to just south of Kedzie St. but specifically excluding, lights, signs, and fences. Additional Landscaping 1. Landscaping and maintenance for the northeast area along the Metra ramp on Main Street just west of Chicago Ave. Native plantings and ongoing maintenance are requested for the area along the northeast Metra ramp on Main Street. 2. Wildflower and Native plantings and maintenance for the area along the Custer Ave/Main Street Metra ramp. 3.0 INSURANCE Consultant shall carry and maintain at its own cost with such companies as are reasonably acceptable to City all necessary liability insurance (which shall include as a minimum the requirements set forth below) during the term of this Agreement, for damage s caused or contributed to by Consultant, and insuring Consultant against claims which may arise out of or result from Consultant’s performance or failure to perform the Services hereunder. The consultant must provide an insurance certificate naming the City of Evanston as an additional insured and will provide a variety of insurances including: ▪ comprehensive general liability - $3,000,000 combined single limit for each occurrence for bodily injury and property damage – designating the City as Additional Insured ▪ Workers Compensation - Statutory Limits ▪ Automobile Liability - $1,000,000 per occurrence for all claims arising out of bodily injuries or death and property damages. ▪ errors and omissions or professional liability insurance - $1,000,000 The surety and the insurance company must have not less than an A+ rating from the Alfred M. Best Co., Inc. and be approved by the City of Evanston. Page 81 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 8 Revised 03 -02 -2023 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. 4.0 SUBMITTAL REQUIREMENTS The City will no longer accept hard copy paper submittals for any solicitation. Responses will only be accepted electronically via E -bidding through DemandStar. Respondents are still required to complete all of the bid documents and provide all of the requ ested information in a pdf file(s). Please refer to attached DemandStar e-bidding documents. ANY PROPOSALS RECEIVED AFTER THE SUBMITTAL DEADLINE, WILL BE NOT BE ACCEPTED. It is the sole responsibility of the proposer to insure that his or her proposal is delivered by the stated time. THE CITY IS NOT RESPONSIBLE FOR IMCOMPLETE UPLOADED SUBMITTALS.. A. Cover Letter The cover letter will include the following: ● introduction of firm signed by an authorized Principal of the firm ● name of firm ● address of firm ● phone number of the firm submitting the proposal ● include the name and signature of an authorized binding official who is authorized to answer questions regarding the firm’s proposal B. Qualifications and Experience of Firm and/or Team ● All respondents shall describe other contracts (at least 5, but no more than10) similar in scope, size or discipline to the required services described herein, performed or undertaken within the past five years. ● The respondent must provide references, including name, address and telephone number of a contact person for each project identified and described. ● Indicate commencement dates, duration and type of operation. ● Provide a list of all Municipal clients in Illinois. C. Area/Regional Manager(s) Clearly identify the professional staff person(s) who would be assigned as your Area/Regional Manager(s) and provide resumes. The proposal should indicate the abilities, qualifications and experience of these individuals. D. Fees Provide a copy of your fees/prices on the attached price/costs form (see page 16XX). E. Contract The City has attached its standard contract in Exhibit J (see page 37xx – Professional Services Agreement). Identify all exceptions to the agreement that would prevent your Firm from executing it. The City shall not consider or negotiate regarding exceptions submitted at any time after the submission of the Proposer’s response. Page 82 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 9 Revised 03 -02 -2023 5.0 ADDITIONAL SUBMISSION REQUIREMENTS Add additional requirements here – such as operating plans, financial reporting requirements, transition requirements, operations and procedures manuals, etc. 6.0 M/W/D/EBE GOALS The City has a goal of 25% of the contract amount for the participation and utilization of Minority -Owned, Women-Owned, Disadvantaged and Evanston-based businesses (M/W/D/EBEs) in completing a portion of the services required by the City. All respondents must submit a statement of the proposed involvement of M/W/D/EBEs in completing a portion of the required services. Provide a copy of the certification for M/W/D/EBEs that will assist in achieving the M/W/D/EBE goal with your submittal as well as the appr opriate M/W/D/EBE forms or Request for Waiver. Any questions regarding M/W/D/EBE compliance should be submitted in writing to Tammi Nunez Purchasing Manager at tnunez@cityofevanston.org. 7.0 EVALUATION CRITERIA The City will select the successful firm through an evaluation process based on the firm meeting the specifications which are outlined in this RFP. A review committee will review in detail all proposals that are received. During the evaluation process, the City may require a Proposer’s representative to answer questions with regard to the proposal and/or make a formal presentation to the review committee. The review committee will make a recommendation to award the contract based on the criteria set forth b elow. This contract will be forwarded to the City Council for final approval. The evaluation criteria listed below will be used in the selection of the successful Proposer. A. Qualifications and Expertise B. Price C. Organization and Completeness of Proposal D. Willingness to Execute the City of Evanston’s Professional Services Agreement E. M/W/D/EBE Participation 8.0 SELECTION PROCESS The City will select a firm on the basis of the responsiveness of the proposal to the RFP submittal requirements, the evaluation criteria stated above and the demonstrated willingness to execute an acceptable written contract. The City reserves the right t o reject any or all proposals, and to request written clarification of proposals and supporting materials from the Proposer. While it is the intent of the City to award a single firm, the City reserves the right to award in part or in whole and to select multiple firms and/or individuals, depending on whichever decision is deemed to be most advantageous to the City. Responses may be rejected if the firm fails to perform any of the following: A. Adhere to one or more of the provisions established in this Request for Proposal. Page 83 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 10 Revised 03 -02 -2023 B. Demonstrate competence, experience, and the ability to provide the services described in this Request for Proposal. C. Submit a response on or before the deadline and complete all required forms. D. To fulfill a request for an oral presentation. E. To respond to a written request for additional information. Discussions and/or interviews may be conducted with responsible firms that have submitted proposals in order to clarify certain elements. All proposals shall be afforded fair and equal treatment with respect to any opportunity for clarification. In conduct ing discussion, there shall be no disclosure of information derived from proposals submitted by competing firms. The selection shall be done by the City’s review committee and will be recommended to the City Council for final approval. If the City is unable to reach any sort of agreement with the selected firm, the City will discontinue negotiations with the selected firm and begin negotiations with the firm ranked second and so on until agreement is reached. The firm to be recommended to the City Council will be the one whose proposal is determined to be the most advantageous to the City in consideration of price and all other evaluation factors which are set forth in this Request for Proposal No other factors or criteria not listed in this RFP shall be used in the evaluation. 9.0 PROPOSED SCHEDULE The tentative schedule for this RFP and project process is as follows: 1. RFP issued ........................................................ April 10, 2025 2. Last Day to submit questions ............................ April 21, 2025 3. Final Addendum Issued .................................... April 25, 2025 4. RFP Submission Due Date .............................. May 1, 2025 5. City Council Award of Contract ........................ May 12, 2025 6. Contract Effective ............................................. May 13, 2025 10.0 QUESTIONS REGARDING RFP All questions related to this RFP should be submitted in writing to Cheryl Stuart, Purchasing Specialist at cstuart@cityofevanston.org with a copy to Katie Boden at kboden@cityofevanston.org. 11.0 GENERAL TERMS AND CONDITIONS A. Confidentiality In connection with this Agreement, City may provide Consultant with information to enable Consultant to render the Services hereunder, or Consultant may develop confidential information for City. Consultant agrees (i) to treat, and to obligate Consultant’s employees to treat, as secret and confidential all such information whether or not identified by City as confidential, (ii) not to disclose any such information or make available any reports, recommendations and /or conclusions which Consultant may make for City to any person, firm or corporation or use the same in any manner whatsoever without first obtaining City’s written approval, and (iii) not to disclose to City any information obtained by Consultant on a confidential basis from any third party unless Consultant shall have first received writ ten Page 84 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 11 Revised 03 -02 -2023 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) wor king day extension). Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the Consultant’s control, the Consultant shall promptly provide all requested records to the City so that the City may comply with the request within the required timeframe. The City and the Consultant shall cooperate to determine what records are subject to such a request and whether or not any exemption to the disclosure of such records or part thereof is applicable. The Purchasing Specialist will endeavor to advise the firm of any request for the disclosure of the material so marked with “TRADE SECRET”, “CONFIDENTIAL”, or “PROPRIETARY”, and give the firm or other submitting party the opportunity to seek a court order to protect such materials from disclosure. If the requested material was submitted by a party other than the firm, then the firm shall be solely responsible for notifying the submitting party of the request. The City’s sole responsibility is to notify the firm of the request for disclosure, and the City shall not be liable for any damages resulting out of such disclosure, whether such disclosure is deemed required by law, by an order of court or administrative agency, or occurs through inadvertence, mistake, negligence on the part of the City or its officers, or employees. B. Withdrawal of Proposal Proposals may be withdrawn prior to the submittal deadline. Withdrawal may be attained by written request; however, no offer can be withdrawn within the ninety (90) day period which occurs after the time is set for closing. Proposers who withdraw their pro posals prior to the designated date and time may still submit another proposal if done in accordance with the proper time frame. C. Exceptions to Specifications Exceptions to these specifications shall be listed and explained on a separate page titled “Exceptions to Specifications”, which shall be prepared by the Proposer. This page shall then be attached to these documents and submitted at the same time as the proposal. Each exception must refer to the page number and paragraph to which it is relevant. The nature and reasoning of each exception shall be explained in its entirety. Any exceptions to these specifications may be cause for rejection of the proposal. D. Hold Harmless 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 sett lements, 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 Page 85 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 12 Revised 03 -02 -2023 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 cla ims, 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 I LCS 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 an y 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 Work ers 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. E. Addenda Any and all changes to these documents are valid only if they are included via written addendum to all respondents. Each respondent should acknowledge receipt of any addenda by indicating same in their proposal submission. Each respondent acknowledging r eceipt of any addenda is responsible for the contents of the addenda and any changes to the proposal therein. Failure to acknowledge any addenda may cause the proposal to be rejected. Addenda information is available over the internet at City of Evanston Notices & Documents or www.demandstar.com , or by contacting the Purchasing Office, 847-866-2935. F. Term The contract is for one (1) year. The City may terminate a contract for either cause or convenience. G. Non-Appropriation of Funds The City of Evanston reserves the right to terminate in whole or in part of the contract in the event that insufficient funds to complete the contract are appropriated by Evanston City Council. Page 86 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 13 Revised 03 -02 -2023 H. Property of the City All discoveries and documents produced as a result of any service or project undertaken on behalf of the City of Evanston shall become the property of the City. I. Payment Terms The consultant shall submit invoices detailing the services provided, project, professional staff, and hours. Payment shall be made in accordance with the Local Government Prompt Payment Act. Please note that failure to provide a detailed invoice could res ult in delay of payment and include termination of any agreement. J. Disclosures and Potential Conflicts of Interest The City of Evanston’s Code of Ethics prohibits public officials or employees from performing or participating in an official act or action with regard to a transaction in which he has or knows he will thereafter acquire an interest for profit, without ful l public disclosure of such interest. This disclosure requirement extends to the spouse, children and grandchildren, and their spouses, parents and the parents of a spouse, and brothers and sisters and their spouses. To ensure full and fair consideration of all proposals, the City of Evanston requires all Proposers including owners or employees to investigate whether a potential or actual conflict of interest exists between the Proposer and the City of Evanston, its of ficials, and/or employees. If the Proposer discovers a potential or actual conflict of interest, the Proposer must disclose the conflict of interest in its proposal, identifying the name of the City of Evanston official or employee with whom the conflict may exist, the nature of the conflict of interest, and any other relevant information. The existence of a potential or actual conflict of interest does NOT, on its own, disqualify the disclosing Proposer from consideration. Information provided by Proposers in this regard will allow the City of Evanston to take appropriate measures to ensure the fairness of the proposal process. The City requires all Proposers to submit a certification, enclosed with this RFP, that the Proposer has conducted the appropriate investigation and disclosed all potential or actual conflicts of interest. K. Protests Any actual or prospective Proposer, who is aggrieved in connection with the solicitation or award of a contract, may protest to the Purchasing Office. The protest shall be submitted in writing within ten (10) calendar days after such aggrieved person knows or should have known of the facts giving rise thereto. ▪ The Proposer shall submit any protests or claims regarding this solicitation to the Purchasing Office. ▪ A pre-bid protest must be filed five (5) days before the bid opening or proposal submittal. ▪ A pre-award protest must be filed no later than ten (10) days after the bid opening date or proposal deadline. ▪ A post-award protest must be filed no later than ten (10) days after the award of the Contract. Page 87 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 14 Revised 03 -02 -2023 All claims by a Proposer against the City relating to a contract shall be submitted in writing to the Purchasing Specialist. The City will only consider protests that are properly and timely submitted. All protests or claims must set forth the name and address of the protester, the contract number, the grounds for the protest or claim, and the course of action that the protesting party desires the Purchasing Specialist to take. Statements shall be sworn and submitted under penalty of perjury. L. Authority To Resolve Protests And Contract Claims Protests: The Purchasing Specialist shall have the authority to consider and resolve a protest of an aggrieved Proposer, actual or prospective, concerning the solicitation or award of a contract. The City shall issue a written decision and that decision is final. Contract Claims : The Purchasing Specialist, after consulting with Corporation Counsel, shall have the authority to resolve contract claims, subject to the approval of the City Manager or City Council, as applicable, regarding any settlement that will result in a change o rder or contract modification. Each Proposer, by submitting a response to this RFP, expressly recognizes the limitations on its rights to protest provided in this Section and expressly waives all other rights and remedies and agrees that the decision on the protest is final and conclusive. If a Proposer disregards, disputes or does not follow the exclusive protest remedies provided in this Section, it shall indemnify and hold the City and its officers, employees, agents and consultant s harmless from and against all liabilities, fees and costs, including legal and consultant fees and costs, and damages incurred or suffered as a result of such Proposer’s actions. Each Proposer, by submitting a response to this RFP, shall be deemed to hav e irrevocably and unconditionally agreed to this indemnity obligation. M. Litigation For purposes of this Section, the following terms are defined as follows: “issue” means any prior or pending litigation or investigation, either civil or criminal, or any governmental agency action or proceeding (the “issue”), which may affect the performance of the services to be rendered herein. For purposes of this Section, an “issue” shall also include any criminal, civil, or administrative penalty or finding imposed against any covered individual. An issue occurring within seven (7) years of the date preceding the date of the Proposer’s response shall be disclosed by the P roposer. “covered individual” means any principal, president, managing partner, or vice -president, affiliated in anyway with the Firm, and the Firm’s employees or sub -contractors. All proposers shall identify and describe with particularity any issue. The City, and not Proposer, has the sole discretion to determine whether an issue may affect the performance of the services. Failure of any Proposer to comply with this mandatory obligation shall, at the City’s sole discretion, result in the Proposer’s response being deemed non -responsive and not responsible. Failure of any Proposer to comply with the obligation specified herein may result in the voiding any subsequent contract award to Proposer if the City discovers upon the exercise of its customary due diligence that Proposer failed to comply with the Page 88 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 15 Revised 03 -02 -2023 mandatory obligation in this Section. The City reserves all rights to take any other actions in the case of a Proposer’s non-compliance with this Section. N. Sub-contractors If any firm submitting a proposal intends on sub-contracting out all or any portion of the engagement, that fact, and the name of the proposed sub-contracting firm(s) must be clearly disclosed in the proposal. Following the award of the contract, no addit ional sub-contracting will be allowed without the prior written consent of the City of Evanston. O. Contact with City Personnel All Proposers are prohibited from making any contact with the City Manager, City Council, or any other official or employee of the City with regard to the Project, other than in the manner and to the person(s) designated herein. The Purchasing Specialist reserves the right to disqualify any Proposer found to have contacted City Personnel in any manner with regard to the Project. Additionally, if it is determined that the contact with City Personnel was in violation of any provision of 720 ILCS 5/33EE, the matter may be referred to the Cook County State’s Attorney for review and prosecution. P. Costs Incurred The City of Evanston assumes no responsibility or liability for costs incurred by the Proposer prior to the execution of a contract. This includes costs incurred by the Proposer as a result of preparing a response to this RFP. Page 89 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 16 Revised 03 -02 -2023 Price Cost Form PRICE/COSTS FORM District Project Item Qty Product Description Unit Cost Total Cost West End Spring rotation 30” planter 13 Planting container $ $ West End Summer rotation 30” planter 13 Planting container $ $ West End Fall rotation 30” planter 13 Planting container $ $ West End Winter rotation 30” planter 13 Planting container $ $ West End Watering & fertilization 30” planter 13 Watering & fertilization $ $ West Village Spring rotation 18” planter 11 Planting container $ $ West Village Spring rotation 30” planter 4 Planting container $ $ Page 90 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 17 Revised 03 -02 -2023 West Village Summer rotation 18” planter 11 Planting container $ $ West Village Summer rotation 30” planter 4 Planting container $ $ West Village Fall rotation 18” planter 11 Planting container $ $ West Village Fall rotation 30” planter 4 Planting container $ $ West Village Winter rotation 18” planter 11 Planting container $ $ West Village Winter rotation 30” planter 4 Planting container $ $ West Village Watering & fertilization 18” & 30” planters 15 Watering & fertilization $ $ West Village Garden maintenance Wildlife habitat at 1400 Greenleaf 1 Garden maintenance $ $ Howard Street Spring rotation 20” planter 14 Planting container $ $ Page 91 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 18 Revised 03 -02 -2023 Howard Street Spring rotation 26” planter 7 Planting container $ $ Howard Street Summer rotation 20” planter 14 Planting container $ $ Howard Street Summer rotation 26” planter 7 Planting container $ $ Howard Street Fall rotation 20” planter 14 Planting container $ $ Howard Street Fall rotation 26” planter 7 Planting container $ $ Howard Street Winter rotation 20” planter 14 Planting container $ $ Howard Street Winter rotation 26” planter 7 Planting container $ $ Howard Street Watering & fertilization 20” & 26” planter 21 Watering & fertilization $ $ Ashland Arts Spring rotation 30” planter 12 Planting container $ $ Ashland Arts Summer rotation 30” planter 12 Planting container $ $ Page 92 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 19 Revised 03 -02 -2023 Ashland Arts Fall rotation 30” planter 12 Planting container $ $ Ashland Arts Winter rotation 30” planter 12 Planting container $ $ Ashland Arts Watering and Fertilization 30” planter 12 Planting container $ $ Church & Dodge Spring rotation 30” planter 10 Planting container $ $ Church & Dodge Summer rotation 30” planter 10 Planting container $ $ Church & Dodge Fall rotation 30” planter 10 Planting container $ $ Church & Dodge Winter rotation 30” planter 10 Planting container $ $ Church & Dodge Watering & fertilization 30” planter 10 Watering & fertilization $ $ Maple/ Foster Spring rotation 20” planter 14 Planting container $ $ Page 93 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 20 Revised 03 -02 -2023 Maple/ Foster Summer rotation 20” planter 14 Planting container $ $ Maple/ Foster Fall rotation 20” planter 14 Planting container $ $ Maple/ Foster Winter rotation 20” planter 14 Planting container $ $ Maple/ Foster Watering & Fertilization 20” planter 14 Watering & fertilization $ $ Noyes Spring rotation 30” planter 8 Planting container $ $ Noyes Summer rotation 30” planter 8 Planting container $ $ Noyes Fall rotation 30” planter 8 Planting container $ $ Noyes Winter rotation 30” planter 8 Planting container $ $ Noyes Watering & fertilization 30” planter 8 Watering & fertilization $ $ Page 94 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 21 Revised 03 -02 -2023 Central Street Spring rotation planter 4 Planting container $ $ Central Street Summer Rotation planter 4 Planting container $ $ Central Street Fall Rotation planter 4 Planting container $ $ Central Street Winter Rotation planter 4 Planting container $ $ Central Street Watering & fertilization planter 4 Watering & fertilization $ $ Main- Dempster Mile Landscaping & maintenance Plantings & maintena nce 1 Wildflower and Native plantings along Custer Ave/Main Street Metra ramp $ $ Main- Dempster Mile Landscaping & maintenance Plantings & maintena nce 1 Native plantings along northeast side of Metra ramp on Main St. $ $ Howard Street Commercial Streetscape Landscap e maintena nce 1 Landscape maintenance $ $ Page 95 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 22 Revised 03 -02 -2023 Main Street Commercial Streetscape Landscap e maintena nce 1 Landscape maintenance $ $ Chicago Ave Commercial Streetscape Landscap e maintena nce 1 Landscape maintenance $ $ TOTAL $ Page 96 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 23 Revised 03 -02 -2023 Exhibit A DISCLOSURE OF OWNERSHIP INTERESTS The City of Evanston Code Section 1-18-1 et seq. requires all persons (APPLICANT) seeking to do business with the City to provide the following information with their proposal. Every question must be answered. If the question is not applicable, answer with "NA". APPLICANT NAME: ______________________________________ APPLICANT ADDRESS: ______________________________________ TELEPHONE NUMBER: ______________________________________ FAX NUMBER: ______________________________________ APPLICANT is (Check One) ( ) Corporation ( ) Partnership ( ) Sole Owner ( ) Association Other ( ) ________________________________________________________ Please answer the following questions on a separate attached sheet if necessary. SECTION I CORPORATION 1a. Names and addresses of all Officers and Directors of Corporation. _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 1b. (Answer only if corporation has 33 or more shareholders.) Names and addresses of all those shareholders owning shares equal to or in excess of 3% of the proportionate ownership interest and the percentage of shareholder interest. (Note: Corporations which submit S.E.C. form 10K may substitute that statement for the material required herein.) _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Page 97 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 24 Revised 03 -02 -2023 1c. (Answer only if corporation has fewer than 33 shareholders.) Names and addresses of all shareholders and percentage of interest of each herein. (Note: Corporations which submit S.E.C. form 10K may substitute that statement for the material requested herein.) ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ SECTION 2 PARTNERSHIP/ASSOCIATION/JOINT VENTURE 2a. The name, address, and percentage of interest of each partner whose interests therein, whether limited or general, is equal to or in excess of 3%. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 2b. Associations: The name and address of all officers, directors, and other members with 3% or greater interest. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ SECTION 3 - TRUSTS 3a. Trust number and institution. ______________________________________________________________________ 3b. Name and address of trustee or estate administrator. ______________________________________________________________________ ______________________________________________________________________ 3c. Trust or estate beneficiaries: Name, address, and percentage of interest in total entity. ______________________________________________________________________ ______________________________________________________________________ Page 98 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 25 Revised 03 -02 -2023 SECTION 4 ALL APPLICANTS - ADDITIONAL DISCLOSURE 4a. Specify which, if any, interests disclosed in Section 1, 2, or 3 are being held by an agent or nominee, and give the name and address of principal. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 4b. If any interest named in Section 1,2, or 3 is being held by a "holding" corporation or other "holding" entity not an individual, state the names and addresses of all parties holding more than a 3% interest in that "holding" corporation or entity as r equired in 1(a), 1(b), 1(c), 2(a), and 2(b). ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 4c. If "constructive control" of any interest named in Sections 1,2, 3, or 4 is held by another party, give name and address of party with constructive control. ("Constructive control" refers to control established through voting trusts, proxies, or special terms of venture of partnership agreements.) ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ I have not withheld disclosure of any interest known to me. Information provided is accurate and current. ______________________ ______________________________________ Date Signature of Person Preparing Statement ______________________________________ Title ATTEST: ____________________________ Notary Public (Notary Seal) Commission Expires: _____________________ Page 99 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 26 Revised 03 -02 -2023 EXHIBIT B ADDITIONAL INFORMATION SHEET Proposal Name: _______________________________________________ Proposal Number #: _________________________________________________ Company Name: __________________________________________________ Contact Name: ___________________________________________________ Address: ________________________________________________________ City,State, Zip: ____________________________________________________ Telephone/FAX: #_________________________________________________ E-mail: __________________________________________________________ Comments: _____________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ Page 100 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 27 Revised 03 -02 -2023 Exhibit C CONFLICT OF INTEREST FORM ___________________________________________________, hereby certifies that it has conducted an investigation into whether an actual or potential conflict of interest exists between the bidder, its owners and employees and any official or employee of the Ci ty of Evanston. Proposer further certifies that it has disclosed any such actual or potential conflict of interest and acknowledges if bidder/Proposer has not disclosed any actual or potential conflict of interest, the City of Evanston may disqualify the bid/proposal. ______________________________________________________________________ (Name of Bidder/Proposer if the Bidder/Proposer is an Individual) (Name of Partner if the Bidder/Proposer is a Partnership) (Name of Officer if the Bidder/Proposer is a Corporation) The above statements must be subscribed and sworn to before a notary public. Subscribed and Sworn to this _____ day of ______________, 20 Notary Public Failure to complete and return this form may be considered sufficient reason for rejection of the bid / proposal. Page 101 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 28 Revised 03 -02 -2023 Exhibit D ACKNOWLEDGEMENT OF UNDERSTANDING THE SECTION BELOW MUST BE COMPLETED IN FULL AND SIGNED The undersigned hereby certifies that they have read and understand the contents of this solicitation and attached service agreements, and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specific ations and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or to accept any request for additional compensation. By signing this document, the Proposer hereby certifies t hat they are not barred from bidding on this contract as a result of bid rigging or bid rotating or any similar offense (720 ILCS S/33E-3, 33E-4). Authorized Signature: Company Name: Typed/Printed Name: Date: Title: Telephone Number: Email: Fax Number: Page 102 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 29 Revised 03 -02 -2023 Exhibit E ANTI-COLLUSION AFFIDAVIT AND PROPOSER’S CERTIFICATION ______________________________________, being first duly sworn, deposes and says that he is ________________________________________ (Partner, Officer, Owner, Etc.) of ________________________________ (Proposer) The party making the foregoing proposal or bid, that such bid is genuine and not collusive, or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain fro m bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person; to fix the bid price element of said bid, or of that of any other bidder, or to secure any advantage against any other bidder or any person interested in the proposed contract. The undersigned certifies that he is not barred from bidding on this contract as a result of a conviction for the violation of State laws prohibiting bid-rigging or bid-rotating. (Name of Bidder if the Bidder is an Individual) (Name of Partner if the Bidder is a Partnership) (Name of Officer if the Bidder is a Corporation) The above statements must be subscribed a sworn to before a notary public. Subscribed and Sworn to this ________ day of _____________________, 20 __________________________________________ Notary Public Commission Expires: ________________________ Failure to complete and return this form may be considered sufficient reason for rejection of the bid. Page 103 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 30 Revised 03 -02 -2023 EXHIBIT F CITY OF EVANSTON M/W/D/EBE POLICY A City of Evanston goal is to provide contracting and sub-contracting opportunities to Minority Business Enterprises, Women Business Enterprises, Disadvantaged and Evanston Business Enterprises. The goal of the Minority, Women, Disadvantaged and Evanston Business Enterprise Program (M/W/D/EBE) is to assist such businesses with opportunities to grow. To assist such growth, the City’s goal is to have general contractors utilize M/W/D/EBEs to perform no less than 25% of the awarded contract. Firms bidding on projects with the City must work to meet the 25% goal or request a waiver from participation. It is advised that bidders place advertisements requesting sub -contractors and that they email or contact individual firms that would be appropr iate to partner in response to the project. For samples of possible advertisements, see the City of Evanston’s Business Diversity Section http://www.cityofevanston.org/business/business-diversity/ (Sample Advertisement ). If you request a paper copy of the additional documents, it will be available free of charge from the Purchasing Office, 2100 Ridge Road Suite 4200, Evanston, IL 60201. If a bidder is unable to meet the required M/W/D/EBE goal, the Bidder must seek a waiver or modification of the goal on the attached forms. Bidder must include: 1. A narrative describing the Bidder’s efforts to secure M/W/D/EBE participation prior to the bid opening. 2. Documentation of each of the assist agencies that were contacted, the date and individual who was contacted, and the result of the conversation (see form) 3. A letter attesting to instances where the bidder has not received inquiries/proposals from qualified M/W/D/EBEs 4. Names of owners, addresses, telephone numbers, date and time and method of contact of qualified M/W/D/EBE who submitted a proposal but was not found acceptable. 5. Names of owners, addresses, telephone numbers, date and time of contact of at least 15 qualified M/W/D/EBEs the bidder solicited for proposals for work directly related to the Bid prior to the bid opening (copies must be attached). If a bidder is selected with a Sub-contractor listed to meet the M/W/D/EBE goal, a “monthly utilization report” will be due to the City prior to each payment being issued to the Contractor. This report will include documentation of the name of the firm hired, the type of work that firm performed, etc. Should the M/W/D/EBE not be paid according to the schedule proposed in this document, the City reserves the right to cancel the contract. Examples of this monthly form can be found on the City’s website: http://www.cityofevanston.org/business/business - diversity/ (MWDEBE Monthly Utilization Report). Page 104 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 31 Revised 03 -02 -2023 EXHIBIT G M/W/D/EBE PARTICIPATION COMPLIANCE FORM I do hereby certify that _________________________________________________ (Name of firm) intends to participate as a Subcontractor or General Contractor on the project referenced above. This firm is a (check only one): ______ Minority Business Enterprise (MBE), a firm that is at least 51% managed and controlled by a minority, certified by a certifying agency within Illinois. ______ Women’s Business Enterprise (WBE), a firm that is at least 51% managed and controlled by a woman, certified by a certifying agency within Illinois. ______ Disadvantaged Business Enterprise (DBE), a firm that is at least 51% managed and controlled by a disadvantaged, certified by a certifying agency within Illinois. ______ Evanston Based Enterprise (EBE), a firm located in Evanston for a minimum of one year and which performs a “commercially useful function”. Total proposed price of response $_____________________ Amount to be performed by a M/W/D/EBE $_____________________ Percentage of work to be performed by a M/W/D/EBE _____________________% Information on the M/W/D/EBE Utilized: Name __________________________________________________________ Address ____________________________________________________ Phone Number Signature of firm attesting to participation ____________________________ Title and Date ____________________________________________________ Type of work to be performed ________________________________________ Please attach: 1. Proper certification documentation if applying as a M/W/D/EBE and check the appropriate box below. This M/W/D/EBE will be applying with documentation from:  Cook County  State of Illinois Certification  Federal Certification  Women’s Business Enterprise National Council  City of Chicago  Chicago Minority Supplier Development Council 2. Attach business license if applying as an EBE Page 105 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 32 Revised 03 -02 -2023 EXHIBIT G M/W/D/EBE UTILIZATION SUMMARY REPORT The following Schedule accurately reflects the value of each MBE/WBE/DBE/EBE sub- agreement, the amounts of money paid to each to date, and this Pay Request. The total proposed price of response submitted is _____________________. MBE/WBE/DBE/EBE FIRM NAME FIRM TYPE (MBE/WBE /DBE/EBE) SERVICES PERFORMED AMOUNT OF SUB- CONTRACT PERCENT OF TOTAL CONTRACT AMOUNT $ $ $ $ $ $ $ $ $ $ $ $ $ $ TOTAL $ Page 106 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 33 Revised 03 -02 -2023 Exhibit H M/W/D/EBE PARTICIPATION WAIVER REQUEST I am ___ of _____, and I have authority to (Title) (Name of Firm) execute this certification on behalf of the firm. I ___________ do (Name) hereby certify that this firm seeks to waive all or part of this M/W/D/EBE paritcipation goal for the following reason(s): (CHECK ALL THAT APPLY. SPECIFIC SUPPORTING DOCUMENTATION MUST BE ATTACHED.) ______ 1. No M/W/D/EBEs responded to our invitation to bid. ______ 2. An insufficient number of firms responded to our invitation to bid. For #1 & 2, please provide a narrative describing the outreach efforts from your firm and proof of contacting at least 15 qualified M/W/D/EBEs prior to the bid opening. Also, please attach the accompanying form with notes regarding contacting the Assist Agencies. ______ 3. No sub-contracting opportunities exist. Please attach a written explanation of why sub -contracting is not feasible. Please provide details supporting your request. ______ 4. M/W/D/EBE participation is impracticable. Please attach a written explanation of why M/W/D/EBE participation is impracticable. Please provide details supporting your request. Therefore, we request to waive _____of the 25% utilization goal for a revised goal of _____%. Signature: Date: (Signature) Page 107 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 34 Revised 03 -02 -2023 EXHIBIT I M/W/D/EBE Assistance Organizations (“Assist Agencies”) Form AGENCY DATE CONTACTED CONTACT PERSON RESULT OF CONVERSATION Association of Asian Construction Enterprises (AACE) 5500 Touhy Ave., Unit K Skokie, IL. 60077 Phone: 847-525-9693 Perry Nakachii, President Black Contractors United (BCU) 400 W. 76th Street Chicago, IL 60620 Phone: 773-483-4000; Fax: 773-483-4150 Email: bcunewera@ameritech.net Chicago Minority Business Development Council 105 West Adams Street Chicago, Illinois 60603 Phone: 312-755-8880; Fax: 312-755-8890 Email: info@chicagomsdc.org Shelia Hill, President Evanston Minority Business Consortium, Inc. P.O. Box 5683 Evanston, Illinois 60204 Phone: 847-492-0177 Email: embcinc@aol.com Federation of Women Contractors 5650 S. Archer Avenue Chicago, Illinois 60638 Phone: 312-360-1122; Fax: 312-360-0239 Email: FWCChicago@aol.com Contact Person: Beth Doria Maureen Jung, President Hispanic American Construction Industry (HACIA) 901 W. Jackson, Suite 205 Chicago, IL 60607 Phone: 312-666-5910; Fax: 312-666-5692 Email: info@haciaworks.org Women’s Business Development Ctr. 8 S. Michigan Ave, Suite 400 Chicago, Illinois 60603 Phone: 312-853-3477 X220; Fax: 312-853-0145 Email: wbdc@wbdc.org Carol Dougal, Director PLEASE NOTE : Use of M/W/D/EBE Assistance Organizations (“Assist Agencies”) Form and agencies are for use as a resource only. The agencies and or vendors listed are not referrals or recommendations by the City of Evanston. Page 108 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 35 Revised 03 -02 -2023 Exhibit J Professional Services Agreement Acknowledgement Page The City has attached its standard professional services agreement as an exhibit to this RFP. Identify all exceptions to the agreement that would prevent your firm from executing it . The City shall not consider or negotiate regarding exceptions submitted at any time after the submission of the Proposer’s response. Please check one of the following statements: ____I have read the professional services agreement and plan on executing the agreement without any exceptions. My firm cannot execute the City’s standard professional service agreement unless the exceptions noted below or in the attached sample professional services agreement are made. ***Please be aware that submitting exceptions to the contract may impact the likelihood of your firm being selected to perform this work. List exceptions in the area below: _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________ Authorized Signature: Company Name: Typed/Printed Name and Title: Date : Page 109 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 36 Revised 03 -02 -2023 Exhibit J Consultant Certification and Verification I certify in accordance with the Professional Services Agreement, the agents, employees and subcontractors of [CONSULTANT FIRM] are in compliance and will comply with City work rules and policies applicable to City employees while they are on City property , including the City’s Workplace Harassment Policy; COVID -19 Vaccination Policy; and Sexual Harassment Policy. I further certify that the agents, employees and subcontractors of [CONSULTANT FIRM] are in compliance with OSHA emergency temporary standard to protect workers from coronavirus. CONSULTANT: By ________________________ Its: ________________________ FEIN Number: _______________ Date: _______________________ Page 110 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 37 Revised 03 -02 -2023 Exhibit J CITY OF EVANSTON PROFESSIONAL SERVICES AGREEMENT The parties referenced herein desire to enter into an agreement for professional services for [Insert name of the project] (“the Project”) RFP Number: XX-XX THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this ___ day of ________________, 20___, 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 [Insert Professional Service Provider’s name here], with offices located at [Insert address here], (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 $[Insert fee here]. I. COMMENCEMENT DATE Consultant shall commence the Services on ____________ 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 ____________. 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 Page 111 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 38 Revised 03 -02 -2023 Milestones and Deliverables. Any expenses in addition to those set forth here must be specifically approved by the City in writing in advance. IV. DESCRIPTION OF SERVICES Consultant shall perform the services (the “Services”) set forth here: Services are those as defined in Exhibit A, the City’s Request for Proposal/Qualifications No. # (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 dur ing 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 i f, 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 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 Page 112 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 39 Revised 03 -02 -2023 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 an d 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 amend ment 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 outlined in Paragraph E of this se ction. 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 Page 113 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 40 Revised 03 -02 -2023 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 obli gations 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 withholdi ng, 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, incl uding 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 com pliance 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. Page 114 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 41 Revised 03 -02 -2023 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. Pay ment 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 appropriate ness 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 kin d 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 that may be subject to the Illinois Work ers 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 Page 115 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 42 Revised 03 -02 -2023 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 damage s 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 liabi lity 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 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 Page 116 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 43 Revised 03 -02 -2023 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 whatsoe ver 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) wor king 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 prov ide 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. Com pliance 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 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 t he 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 Page 117 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 44 Revised 03 -02 -2023 connection with any Services performed under or in connection with this Agreement. Consultant further agrees, as and to the extent of payment made hereunder, to execute a sworn affidavit respecting the payment and lien releases of all sub -contractors, suppliers and materialmen, and a release of lien respecting the Services at such time or times and in such form as may be reasonably requested by City. Consultant shall protect City from all liens for labor performed, material supplied or used by Consultant and/or any other person in connection with the Services undertaken by consultant hereunder, and shall not at any time suffer or permit any lien or attachment or encumbrance to be imposed by any sub -consultant, supplier or materialmen, or other person, firm or corporation, upon City property or any improvements thereon, by reason or any claim or demand against Consultant or otherwise in connection with the Services. R. Notices. Every notice or other communication to be given by either party to the other with respect to this Agreement, shall be in writing and shall not be effective for any purpose unless the same shall be served personally or by United States certified or register ed 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 r esolve 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 Page 118 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 45 Revised 03 -02 -2023 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 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. Page 119 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 46 Revised 03 -02 -2023 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 i n 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 hav e 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 b etween the parties, either oral or written, other than those contained in this Agreement. This Agreement has been negotiated and entered into by each party with the opportunity to consult with its counsel regarding the terms therein. No portion of the Agreement shall be construed against a party due to the fact that one party drafted that particular portion as the rule of contra proferentem shall not apply. In the event of any inconsistency between this Agreement, and any Exhibits, this Agreement shall control over the Exhibits. In no event shall any 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. Page 120 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 47 Revised 03 -02 -2023 IN WITNESS WHEREOF, the parties hereto have each approved and executed this Agreement on the day, month and year first above written. CONSULTANT: CITY OF EVANSTON 2100 RIDGE AVENUE EVANSTON, IL 60201 By: ________________________ By:________________________ Luke Stowe Its: ________________________ Its: City Manager FEIN Number: _______________ Date: _______________________ Date: _______________________ Approved as to form: By: Alexandra B. Ruggie Its: Corporation Counsel Revision: April 2021 Page 121 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 48 Revised 03 -02 -2023 EXHIBIT A – Project Milestones and Deliverables This EXHIBIT A to that certain Consulting Agreement dated _______ between the City of Evanston, 2100 Ridge Avenue, Evanston, Illinois, 60201(“City”) and _______________ (“Consultant”) sets forth the Commencement and Completion Date, Services, Fees, and Reimbursable Expenses as follows: I. COMMENCEMENT DATE: ____________________ II. COMPLETION DATE: ________________________ III. FEES: IV. SERVICES/SCOPE OF WORK: As defined in RFP/Q #________ (Exhibit B) and Consultants Response to Proposal (Exhibit C) Dated: ______________ Page 122 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 We are pleased to announce our membership in the DemandStar network. DemandStar is an online marketplace that connects our suppliers directly to the bids, quotes and RFPs that matter to them. DemandStar is open and accessible to all businesses and provides instant access to our solicitations. By registering for your complimentary DemandStar account, you will receive: • Instant access to bids, quotes and RFPs • Automatic notifications, right to you inbox, of bids that match the commodity codes you select • The ability to quickly view the contractual terms and scope of work • All the forms and documents you need in one place • Access to more government bids in neighboring cities, counties and states It’s EASY! Get started with these 3 easy steps! REGISTER Go to: https://www.demandstar.com/registration Registering for DemandStar 1 2019 DemandStar® Corporation. All Rights Reserved. 206.940.0305 Page 123 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 CHOOSE YOUR FREE AGENCY Type in the name of the government agency you’d like to add, for example “City of Metropolis” in the Search Box SIGN UP Visit www.demandstar.com CHECK OUT Check out with your FREE AGENCY Registration by clicking “Skip for now” on the page where it gives you options to add additional counties and States 2019 DemandStar® Corporation. All Rights Reserved. 206.940.0305 2 3 Page 124 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 (E-bidding) Electronic Bidding Instructions Pa g e 1 2 5 o f 1 3 6 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 Introduction To submit a bid electronically (e-bidding) on DemandStar •The project MUST be setup for e-bidding by the government agency advertising the opportunity Pa g e 1 2 6 o f 1 3 6 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 How to check if it is an e-bidding opportunity •Not all opportunities posted on DemandStar by government are available for e-bidding •Those that are available for you to electronically bid will list “e-bidding” as an available “ACTION” when you look at the project details Pa g e 1 2 7 o f 1 3 6 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 In order to do e-bidding 1.Click on “E-bidding” in the actions column Pa g e 1 2 8 o f 1 3 6 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 In order to do e-bidding 2.Enter you contact information and enter in all required fields Note: You MUST put a number of the “BID AMOUNT” box. However, that number can be 0 so as to allow for a more detailed descriptions of your bid through your uploaded documents. Pa g e 1 2 9 o f 1 3 6 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 In order to do e-bidding •In the agency required documents section –check the documents you intend on uploading and fulfilling. By checking these boxes this is ONLY an acknowledgement of how you will fulfill the requirement. You still have to upload the documents. Pa g e 1 3 0 o f 1 3 6 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 In order to do e- bidding Upload your response documents in an accepted file format Make sure that you have covered and uploaded all the required documents Pa g e 1 3 1 o f 1 3 6 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 In order to do e- bidding Once you decide you’ve uploaded all your documents that you would like to submit, make sure you click the NEXT button at the bottom of the screen Pa g e 1 3 2 o f 1 3 6 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 Completing your e-bid submittal •Please VERIFY that you have attached ALL the required documents •Click on the Submit Response button to complete your e-bid Copyright 2019, DemandStar Corporation. 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(206)940-0305 Pa g e 1 3 5 o f 1 3 6 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 RFP 25-19 Business District Planters and Landscaping Maintenance, M/W/D/EBE 05-27-2025 To: Katie Boden, Economic Development Coordinator CC: Paul Zalmezak, Economic Development Manager From: Tammi Nunez, Purchasing Manager Subject: RFP 25-19 Business District Planters and Landscaping Maintenance 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 opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/D/EBEs to perform no less than 25% of the awarded contract. With regard to the recommendation for the Evanston Business District Planters and Landscaping Maintenance, BrightView Landscapes, LLC, the total base bid is $77,140, and they are found to be in compliance with the City’s goal. They will receive credit for 25% M/W/D/EBE participation. Name of M/W/D/EBE Scope of Work Contract Amount % MBE WBE EBE DBE Maza Construction Corp., 4515 S. Francisco Ave. Chicago IL 60632 Landscape Maintenance $19,285 25% X Total M/W/D/EBE $19,285 25% Cc: Hitesh Desai, Chief Financial Officer/Treasurer Memorandum Page 136 of 136 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 CITY OF EVANSTON PROFESSIONAL SERVICES AGREEMENT The parties referenced herein desire to enter into an agreement for professional services for Business District Planters and Landscaping Maintenance (“the Project”) RFP Number: 25-19 THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this _23_ day of _June_, 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 BrightView (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 $80,640. 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: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 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: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 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. Contactor shall not provide representations, warranties, or assurances as to the safety of chemical substances used while performing the services, provided that Contractor applies such substances properly and in accordance with applicable laws and regulations. B. Representation and Warranties. Consultant represents and warrants that: (1) Consultant possesses and will keep in force all required licenses Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 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 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. Consultant may, at any time, with or without cause, terminate this Agreement upon one hundred and twenty (120) days written notice to City. In addition to and without limiting the foregoing, if City fails to timely pay Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 any of Consultant's compensation, or any other amount otherwise due under this agreement, then Consultant after providing City thirty (30) days prior written notice of such failure, may elect, in its sole discretion, to (i) delay or cancel Services upon notice to City, and/or (ii) immediately terminate this Agreement upon written notice to City. 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, 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, Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 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, 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 third-party 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 reasonable 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. Consultant will defend Indemnitees until the dispute or claim is settled or a judgement rendered. At that time, the Indemnitees shall reimburse Consultant, based upon their own respective portion of the comparative negligence of all damages, losses, expenses and defense costs. 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 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 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) Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 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 policies 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 policies 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. Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure within limited statutory timeframes (five (5) working days with a possible five (5) working day extension). Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the Consultant’s control, the Consultant shall promptly provide all requested records to the City so that the City may comply with the request within the required timeframe. The City and the Consultant shall cooperate to determine what records are subject to such a request and whether or not any exemption to the disclosure of such records or part thereof is applicable. Vendor shall indemnify and defend the City from and against all claims arising from the City’s exceptions to disclosing certain records which Vendor may designate as proprietary or confidential. Compliance by the City with an opinion or a directive from the Illinois Public Access Counselor or the Attorney General under FOIA, or with a decision or order of Court with jurisdiction over the City, shall not be a violation of this Section. N. Use of City’s Name or Picture of Property. Consultant shall not in the course of performance of this Agreement or thereafter use or permit the use 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. Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 Q. Liens and Encumbrances. Consultant, for itself, and on behalf of all sub-contractors, suppliers, materialmen and others claiming by, through or under Consultant, hereby waives and releases any and all statutory or common law mechanics’ materialmen’s’ or other such lien claims, or rights to place a lien upon City property or any improvements thereon in connection with any Services performed under or in connection with this Agreement. Consultant further agrees, as and to the extent of payment made hereunder, to execute a sworn affidavit respecting the payment and lien releases of all sub-contractors, suppliers and materialmen, and a release of lien respecting the Services at such time or times and in such form as may be reasonably requested by City. Consultant shall protect City from all liens for labor performed, material supplied or used by Consultant and/or any other person in connection with the Services undertaken by consultant hereunder, and shall not at any time suffer or permit any lien or attachment or encumbrance to be imposed by any sub-consultant, supplier or materialmen, or other person, firm or corporation, upon City property or any improvements thereon, by reason or any claim or demand against Consultant or otherwise in connection with the Services. R. Notices. Every notice or other communication to be given by either party to the other with respect to this Agreement, shall be in writing and shall not 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. Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 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 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: Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 A. The illegality of sexual harassment; B. The definition of sexual harassment under State law; C. A description of sexual harassment utilizing examples; D. The Consultant’s internal complaint process including penalties; E. Legal recourse, investigation and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission, and directions on how to contact both; and F. Protection against retaliation as provided to the Department of Human Rights. VIII. CONSULTANT CERTIFICATIONS A. Consultant acknowledges and agrees that should Consultant or its sub-consultant provide false information, or fails to be or remain in compliance with the Agreement, the City may void this Agreement. B. Consultant certifies that it and its employees will comply with applicable provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation 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. Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 G. If more favorable terms are granted by Consultant to any similar governmental entity in any state in a contemporaneous agreement let under the same or similar financial terms and circumstances for comparable supplies or services, the more favorable terms shall be applicable under this Agreement. H. Consultant certifies that it is not delinquent in the payment of any fees, fines, damages, or debts to the City of Evanston. IX. INTEGRATION This Agreement, together with Exhibits A, B, C, and D sets forth all the covenants, conditions and promises between the parties with regard to the subject matter set forth herein. There are no covenants, promises, agreements, conditions or understandings between the parties, either oral or written, other than those contained in this Agreement. This Agreement has been negotiated and entered into by each party with the opportunity to consult with its counsel regarding the terms therein. No portion of the Agreement shall be construed against a party due to the fact that one party drafted that particular portion as the rule of contra proferentem shall not apply. In the event of any inconsistency between this Agreement, and any Exhibits, this Agreement shall control over the Exhibits. In no event shall any 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 Regional Finance Manager 6/30/2025 Peter Hafer 07 / 01 / 2025 Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 Its: Interim Corporation Counsel Revision: April 2021 _________ Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 EXHIBIT A – Project Milestones and Deliverables This EXHIBIT A to that certain Consulting Agreement dated _June 23, 2025_ between the City of Evanston, 2100 Ridge Avenue, Evanston, Illinois, 60201(“City”) and __BrightView___ (“Consultant”) sets forth the Commencement and Completion Date, Services, Fees, and Reimbursable Expenses as follows: I. COMMENCEMENT DATE: _June 23, 2025___ II. COMPLETION DATE: __December 31, 2025___ III. FEES: $80,640 IV. SERVICES/SCOPE OF WORK: Business District planters and landscape maintenance, as defined in consultant’s response to RFP 25-19, as well as weekly maintenance and planting of tulip bulbs along the median strip on Elgin and Sherman North of Elgin ($3,500). Doc ID: cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 Contract with BrightView 2025 Great Merchant Grants Program... Approval_of...025_Gre.pdf and 1 other cb7d9f30c0617fe0a11675b5f516c3c44a985ff6 MM / DD / YYYY Signed 06 / 30 / 2025 12:09:43 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 07 / 01 / 2025 08:49:56 UTC-5 Viewed by Alexandra Ruggie (aruggie@cityofevanston.org) IP: 24.13.226.57 07 / 01 / 2025 09:00:44 UTC-5 Signed by Alexandra Ruggie (aruggie@cityofevanston.org) IP: 24.13.226.57 07 / 01 / 2025 09:57:05 UTC-5 Viewed by Luke Stowe (lstowe@cityofevanston.org) IP: 108.147.92.105 07 / 01 / 2025 09:57:32 UTC-5 Signed by Luke Stowe (lstowe@cityofevanston.org) IP: 108.147.92.105 The document has been completed.07 / 01 / 2025 09:57:32 UTC-5