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
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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
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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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Custom Solutions for
The City of Evanston –Business
District Planters and Landscape
Maintenance
Landscape Maintenance Services
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May 1s t ,2025
Dear Katie Boden and The City of Evanston,
On behalf of the BrightView team I would like to personally thank you for the opportunity to submit our proposal to
professionally manage the Business District Planters and Landscaping Maintenance for The City of Evanston. 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
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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
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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
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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○ 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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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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.
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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
$ $
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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
$ $
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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
$ $
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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
$
$
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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
$ $
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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
$ $
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Main Street Commercial
Streetscape
Landscap
e
maintena
nce
1 Landscape
maintenance
$ $
Chicago Ave Commercial
Streetscape
Landscap
e
maintena
nce
1 Landscape
maintenance
$ $
TOTAL $
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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.)
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
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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.
______________________________________________________________________
______________________________________________________________________
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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: _____________________
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EXHIBIT B
ADDITIONAL INFORMATION SHEET
Proposal Name: _______________________________________________
Proposal Number #: _________________________________________________
Company Name: __________________________________________________
Contact Name: ___________________________________________________
Address: ________________________________________________________
City,State, Zip: ____________________________________________________
Telephone/FAX: #_________________________________________________
E-mail: __________________________________________________________
Comments: _____________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
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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.
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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:
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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.
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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).
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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
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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
$
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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)
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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.
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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
:
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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: _______________________
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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: ______________
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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
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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
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(E-bidding) Electronic Bidding Instructions
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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
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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
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In order to do
e-bidding
1.Click on “E-bidding” in
the actions column
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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.
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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.
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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
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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
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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. (206)940-0305
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Confirmation of
Response
•When you complete you will
receive a confirmation
•This is a confirmation that
what you uploaded will be
visible to the agency when
the bid closes, this is not a
confirmation that all your
documents were fill out or
submitted correctly
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Post
Submission
Edits
If you feel like you missed something or need to make a change
you can go back to your submittal response and edit your e-bid.
By clicking on “DETAILS” then “EDIT” the section you wish
Copyright 2019, DemandStar Corporation. (206)940-0305
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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
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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
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City shall pay Consultant those fees as provided here: Payment shall be
made upon the completion of each task for a project, as set forth in Exhibit
A – Project Milestones and Deliverables. Any expenses in addition to those
set forth here must be specifically approved by the City in writing in
advance.
IV. DESCRIPTION OF SERVICES
Consultant shall perform the services (the “Services”) set forth here: Services are
those as defined in Exhibit A, the 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
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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
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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
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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,
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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
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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)
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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.
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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.
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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.
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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:
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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.
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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
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Its: Interim Corporation Counsel
Revision: April 2021
_________
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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).
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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