HomeMy WebLinkAboutContract- F.E. Moran Inc. Refrigeration- Ice Refrigeration Maintenance Services Robert Crown (RFP #23-59) 6.1.25-12.1.26
MEMORANDUM
To: Luke Stowe, City Manager
From: Matt Poole, Deputy Director, Parks and Recreation
CC: Audrey Thompson, Director of Parks and Recreation
Subject: Solo-Source Contract with F.E. Moran, Inc. Refrigeration
Date: Friday August 8, 2025
Recommended Action:
Staff recommends the City Manager sign Sole-Source Contract with F.E. Moran, Inc.
Refrigeration for the Ice Refrigeration Maintenance Services at the Robert Crown Community
Center.
Summary:
City Council approved entering into a contract with F.E. Moran at the May 12, 2025 meeting.
F.E. Moran, Inc. Refrigeration requested some edits to the contract that were both reviewed
and approved by Robert Crown staff, Facilities staff and Legal. The amendments to the
service contract are highlighted in red. These changes will not change the agreed upon
service fees.
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CITY OF EVANSTON
REQUEST FOR PROPOSAL
NUMBER: 23-59
For
Robert Crown Ice Rink Refrigeration Maintenance
December 21, 2023
PROPOSAL DEADLINE: 2:00pm, January 30, 2024
PRE-PROPOSAL MEETING: Non-mandatory
2:00pm, January 9, 2024
Robert Crown Community Center
1801 Main St.
Evanston, IL 60202
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 .................................................................................................. 3
1.0 Introduction ...................................................................................................... 4
2.0 Scope of Services ............................................................................................ 4
3.0 Insurance ......................................................................................................... 9
4.0 Submittal Requirements (Please see Attachments) ...................................... 9
5.0 Additional Submittal Requirements .................................................................. 10
6.0 M/W/D/EBE Goals .......................................................................................... 11
7.0 Evaluation Criteria ........................................................................................... 11
8.0 Selection Process ............................................................................................ 11
9.0 Proposed Schedule ......................................................................................... 12
10.0 Questions Regarding RFP ............................................................................... 12
11.0 General Terms and Conditions ........................................................................ 12
Price/Costs Form ....................................................................................................... 19
RETURN ALL EXHIBITS WITH RFP
Exhibit A – Disclosure of Ownership Interests ........................................................... 20
Exhibit B – Additional Information Sheet .................................................................... 23
Exhibit C – Conflict of Interest Form .......................................................................... 24
Exhibit D – Acknowledgement of Understanding ....................................................... 25
Exhibit E – Anti-Collusion Affidavit and Proposer’s Certification .................................... 26
Exhibit F – City of Evanston M/W/D/EBE Policy ................................................... 27
Exhibit G – M/W/D/EBE Participation Compliance Form ...................................... 28
Exhibit G – M/W/D/EBE Utilization Summary Report ............................................ 29
Exhibit H – M/W/D/EBE Participation Waiver Request ......................................... 30
Exhibit I – M/W/D/EBE Assistance Organizations...................................................... 31
Exhibit J – Professional Services Agreement Acknowledgement .............................. 32
Exhibit J - Consultant Certification and Verification Addendum ................................ 33
Exhibit J – Professional Services Agreement ............................................................ 34
ATTACHMENTS
DemandStar- E-bidding Instructions 14 Pages
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CITY OF EVANSTON
NOTICE TO PROPOSERS
Proposals will be received by the Purchasing Office until 2:00 P.M. local time on January 30,
2024. Effective immediately, the City of Evanston will no longer accept hard copy paper
submittals for any solicitation. Responses will only be accepted electronically via E-bidding
through DemandStar (www.demandstar.com). Although registration is required, vendors can
download solicitations and upload responses for free. Proposals shall cover the following:
Robert Crown Ice Rink Refrigeration Maintenance
RFP Number: 23-59
The City of Evanston’s Park, Recreation and Community Services Department is seeking
proposals from experienced firms for providing preventative maintenance and repair services
for the Ice Rink Refrigeration System at the Robert Crown Community Center loca ted at 1801
Main Street in Evanston, Illinois.
There will be a Non-mandatory pre-proposal January 9, 2024, at 2:00 pm. All firms intending
to submit a proposal for this project are encouraged to attend to discuss the proposed work
and receive answers to questions related to the project.
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 discr imination on the grounds of
race, color, religion, sex, age, sexual orientation marital status, disability, familial status or
national origin. The State of Illinois requires under Public Works contracts that the general
rate of wages in this locality be paid for each craft or type of worker hereunder. This
requirement is in accordance with The Prevailing Wage Act (820 ILCS 130) as amended. 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.
John Gonzalez
Purchasing Specialist
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CITY OF EVANSTON
Request for Proposal
1.0 INTRODUCTION
The City is seeking proposals for maintenance and repair services for the ice
refrigeration system.
The contract term desired is for a period of three (3) years with two (2) additional one
year options to renew.
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
2.1 Ammonia Based Ice Refrigeration System
2.1.1 The contract shall include all parts, labor and material (excluding filters which
will be purchased by the City for the contractor to install) to periodically restore
system to like-new operating conditions. All equipment shall be maintained
according to manufactures recommendations by qualified licensed personnel.
The awarded Contractor must be the original equipment manufacturer (OEM)
or an authorized vendor of the OEM for the RCCC’s equipment, have factory
trained technicians with CRST/CIRO/IIAR certifications, and demonstrate a
thorough knowledge of maintenance and care of the RCCC’s ice refrigeration
system. All items are to be performed by a licensed ammonia machinery
mechanic familiar with the refrigerant and ice rinks. The Contractor shall always
consult the equipment’s Installation, Operation and Maintenance (IOM) manual
for proper procedures and guidance. All maintenance activities detailed below
shall be considered minimal requirements. Maintenance shall
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also minimally follow all recommendations of the International Institute of
Ammonia Refrigeration (IIAR) to fulfill this contract.
The contractor shall develop an OSHA compliant safety program in accordance
with EPA and State of Illinois regulations for all maintenance operations
associated with the ammonia based refrigeration system. The safety program
shall include staff training and an emergency response plan which the contractor
shall develop in conjunction with the Fire Department and City staff.
Preventative maintenance shall be performed on a regularly established
schedule. Repair services shall be provided within three hours after receipt of
the notification call for required service. These calls may be in the evenings,
weekends, and holidays. The three hour response time is of the essence to this
Agreement, and most normal wear items shall be readily available and obtained
within 24 hours. The RCCC is expected to provide hours of operation between
5:30am and 12:00am, seven days a week, 365 days a year. All work shall be
coordinated with the City and any maintenance work that requires equipment
downtime shall be scheduled so as not to interfere with building programming.
Components of the ice refrigeration system include:
1. Ice Rink Compressors: (2) Bitzer OSKA8561-K (65 Ton) and (1) Bitzer
OSKA8571-K (80 Ton)
2. Plate and Frame Chiller: Alfa Laval, Model TK20BW-FD
3. Shell and Tube Oil Cooler: HT Industrial (Chil-Con)
4. Plate and Frame Condenser (Ammonia to Glycol): Alfa Laval, Model
M10BW-FD
5. Plate and Frame Heat Exchanger (Glycol to Water): Alfa Laval, Model
M15B-FG
6. Pumps: B&G
7. Cooling Tower: Evapco, Model LTSE-10112F
8. Glycol Balance Valves: B&G
9. Pump Suction Diffusers: B&G
10. Glycol Relief Valves: Watts
2.1.2 General Monthly Maintenance (Performed monthly or as noted):
1. Test glycol strength and inhibitor levels (Bi-annually)
2. Test sub‐soil glycol strength and inhibitor levels (Bi-annually)
3. Test condenser glycol strength and inhibitor levels (Bi-annually)
4. Test oil condition (Bi-annually)
5. Change oil filter on compressors as necessary
6. Inspect electrical connections in MCC panel and tighten connections
(quarterly)
7. Inspect system for pipe icing or sweating, oil pot excluded
8. Check glycol levels in expansion tanks
9. Check oil levels in oil pot, and oil separator
10. Check refrigerant levels in receiver
11. Check pump operations for proper lead/lag
12. Check system for vibration issues in moving parts
13. Inspect leak detection system (recalibrate if necessary)
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14. Check oil levels (oil pot and oil separator)
15. Check suction pressures
16. Check discharge pressures
17. Check net oil pressure (differential)
18. Check for leaks
19. Check refrigerant levels in vessels (evaporator and receiver)
20. Check gauges and thermometers to make sure they are working
21. Check for irregular noises/vibrations
22. Check inlet/outlet temperatures on all system heat exchangers (i.e.
evaporators, condensers)
23. Check pumps for proper lead/lag
24. Clean floor and equipment of any dust and debris
25. Inspect insulation for damage and report
26. Check couplings for wear
27. Check compressor mechanical safeties for proper operation (Annually)
28. Check suction diffusers for debris
29. Verify temp sensor and pressure transducer calibration (spot check) (&
Annually)
30. Perform system shut‐down and start-up (if/as needed)
2.1.3 Bitzer - Monthly Maintenance
1. Oil and grease bearings as necessary
2. Check drives for tightness and alignment. Tighten coupling bolts on
direct drive compressors.
3. Check condenser performance to compare with design
4. Check for any evidence of corrosion
2.1.4 Evapco - Monthly Maintenance
1. Inspect inside of tower for scaling and corrosion
2. Check fan belt for tightness and wear
3. Remove debris from fan guard
4. Check sound levels
5. Lubricate fan shaft bearings as necessary
6. Replace oil on gear drive every 6 months of operation
7. Make sure outside of motor is clean
8. Inspect the fill to make sure it is clean and not obstructed
2.1.5 Pumps - Monthly Maintenance
1. Grease bearings as necessary
2. Inspect coupling for wear
3. Check for leaks around pumps and appurtenances
4. Check for unnecessary vibrations
5. Check all motor amps and overload safeties
2.1.6 Bitzer - Yearly Maintenance (Performed each summer or slow season):
1. Check entire system for leaks.
2. Check condenser for corrosion and/or scale.
3. Remove all surface rust from system and re‐paint as necessary. (Pipe
painting not included)
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4. Check motors for shaft wear.
5. Check operation and general condition of electrical components.
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6. Check any glycol cooling strainers.
7. Replace all oil in compressors
2.1.7 Evapco - Yearly Maintenance (Performed each summer or slow season):
1. Thoroughly clean out basin of unit and sump tank
2. Perform Legionnaires Disease testing (semi-annually) (We do not provide
water testing, this should be done by your chemical treatment company)
2.1.8 Pumps - Yearly Maintenance (Performed each summer or slow season):
1. Check pump alignment
2. Check electrical connections
2.2 HVAC System
2.2.1 The contract shall include all parts, labor and material (excluding filters which
will be purchased by the City for the contractor to install) to periodically restore
system to like-new operating conditions. All equipment shall be maintained
according to manufactures recommendations by qualified licensed personnel.
The awarded Contractor must be the OEM or an authorized vendor of the OEM
for the RCCC’s equipment, have factory trained technicians, and demonstra te
a thorough knowledge of maintenance and care of the RCCC’s HVAC system.
The Contractor shall always consult the equipment’s IOM manual for proper
procedures and guidance. All maintenance activities detailed below shall be
considered minimal requirements to fulfill this contract.
The contractor shall develop and provide a safety program for all maintenance
operations. The safety program shall include staff training and an emergency
response plan which the contractor shall develop in conjunction with the Fire
Department and City staff. Preventative maintenance shall be performed on a
regularly established schedule. Repair services shall be provided within three
hours after receipt of the notification call for required service. These calls may
be in the evenings, weekends, and holidays. The three hour response time is of
the essence to this Agreement, and most normal wear items shall be readily
available and obtained within 24 hours. The RCCC is expected to provide hours
of operation between 5:30am and 12:00am, seven days a week, 365 days a
year. All work shall be coordinated with the City and any maintenance work that
requires equipment downtime shall be scheduled so as not to interfere with
building programming. Components of the HVAC system include:
1. Ice Rink Dehumidification Air Handling Units: Munters Drycool, Models
AM20, and AM40
2. Air Handling Unit: Aaon Model M2-H-011-L-3-A-B-0-C-X
2.2.2 Aaon Air Handling Unit (AHU-3) - Annual Maintenance
1. Coil Sections
● Check and clean per procedures outlined in IOM.
● Ensure coil control valves are operating and proper flow through
coils in being attained.
2. Heat Wheel Section
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● Check heat wheel for cleanliness and proper rotation. Clean if
necessary.
3. Condensate Drain Pans
● Clean out drain pan to prevent microbial growth. Note that this
may need to be done more frequently, but at a minimum should
be done once per year.
● Check the P-trap and clean as required.
4. Fans
● Inspect and clean blower wheels for excessive dust/dirt buildup.
● Check the security of the bearing locking system.
5. Electrical
● Check all electrical connections for tightness and look for any
signs of overheating or wiring damage.
2.2.3 Aaon Air Handling Unit (AHU-3) - Quarterly Maintenance
1. Check damper operation for freedom of movement and correct any
binding that may occur.
2. Check chilled water and hot water coils for cleanliness.
3. Check inlet and outlet air and water temperatures.
2.2.4 Aaon Air Handling Unit (AHU-3) - Monthly Maintenance
1. Lubricate fan motor bearings per the IOM recommendation.
2. Check cleanliness of filters and change as required. Filters should be
monitored on a monthly basis and changed as required. See IOM for
filter sizes/types.
3. Check cooling drain pan and ensure proper drainage.
2.2.5 Munters Dessicant Wheel Assembly –Monthly Maintenance
1. Inspect filters and replace as necessary.
2. Check wheel airflows for high pressure drop readings on magnehelic
gauges. High readings may indicate excessive wheel restriction.
2.2.6 Munters Dessicant Wheel Assembly –Annual Maintenance
1. Check wheel seals for obvious signs of damage.
2. Inspect drive belt and replace as necessary.
3. Inspect desiccant wheel for damage or blockage.
4. Inspect desiccant wheel support rollers for excessive movement.
2.2.7 Munters Blowers –Annual Maintenance
1. Check drive belts for proper tension. Inspect for damage and replace as
necessary.
2. Add high quality, lithium based grease to all serviceable motor
bearings. Inspect for damage.
3. Clean blower wheel as necessary. Check for excessive vibration.
Tighten all loose hardware.
4. Add high quality, lithium based grease to all serviceable bearings.
Inspect for damage.
2.2.8 Munters Electrical Components –Annual Maintenance
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1. Remove and lock-out power.
2. Ensure all terminations are tight.
3. Check for any burned or corroded contacts.
4. Inspect for damaged components.
2.2.9 Munters Energy Recovery Wheel Assembly –Monthly Maintenance
1. Inspect filters and replace as necessary.
2.2.10 Munters Energy Recovery Wheel Assembly – Annual Maintenance
1. Inspect drive belt and replace as necessary.
2. Inspect ER wheel for damage or blockage.
2.2.11 Munters Direct Gas Fired Heating Components – Annual Maintenance
1. Clean the burner plates
2. Clear the burner gas and air ports
3. Inspect the spark rod igniter and replace if required
4. Ensure the flame sensor is in good condition
3.0 INSURANCE
Consultant shall carry and maintain at its own cost with such companies as are
reasonably acceptable to City all necessary liability insurance (which shall include as
a minimum the requirements set forth below) during the term of this Agreement, for
damages caused or contributed to by Consultant, and insuring Consultant against
claims which may arise out of or result from Consultant’s performance or failure to
perform the Services hereunder.
The consultant must provide an insurance certificate naming the City of Evanston as
an additional insured and will provide a variety of insurances including:
▪ comprehensive general liability - $3,000,000 combined single limit for
each occurrence for bodily injury and property damage – designating the
City as Additional Insured
▪ Workers Compensation - Statutory Limits
▪ Automobile Liability - $1,000,000 per occurrence for all claims arising
out of bodily injuries or death and property damages.
▪ errors and omissions or professional liability insurance - $1,000,000
The surety and the insurance company must have not less than an A+ rating from
the Alfred M. Best Co., Inc. and be approved by the City of Evanston.
Consultant’s certificate of insurance shall contain a provision that the coverage
afforded under the policy(s) will not be canceled or reduced without thirty (30) days
prior written notice (hand delivered or registered mail) to City.
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.
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Respondents are still required to complete all of the bid documents and provide all of
the requested information in a pdf file(s). Please refer to attached DemandStar e-
bidding documents.
ANY PROPOSALS RECEIVED AFTER THE SUBMITTAL DEADLINE, WILL BE NOT
BE ACCEPTED. It is the sole responsibility of the proposer to insure that his or her
proposal is delivered by the stated time. THE CITY IS NOT RESPONSIBLE FOR
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
19).
E. Contract
The City has attached its standard contract in Exhibit J (see page 34– 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.
5.0 ADDITIONAL SUBMISSION REQUIREMENTS
Not Applicable
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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 appropriate 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 below. This contract will be forwarded to the City Council for final approval.
The evaluation criteria listed below will be used in the selection of the successful
Proposer.
A. Qualifications and Expertise
B. Price
C. Organization and Completeness of Proposal
D. Willingness to Execute the City of Evanston’s Professional Services
Agreement
E. M/W/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 to reject any or all proposals, and to request written clarification of
proposals and supporting materials from the Proposer.
While it is the intent of the City to award a single firm, the City reserves the right to
award in part or in whole and to select multiple firms and/or individuals, depending
on whichever decision is deemed to be most advantageous to the City.
Responses may be rejected if the firm fails to perform any of the following:
A. Adhere to one or more of the provisions established in this Request for
Proposal.
B. Demonstrate competence, experience, and the ability to provide the services
described in this Request for Proposal.
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C. Submit a response on or before the deadline and complete all required forms.
D. To fulfill a request for an oral presentation.
E. To respond to a written request for additional information.
Discussions and/or interviews may be conducted with responsible firms that have
submitted proposals in order to clarify certain elements. All proposals shall be
afforded fair and equal treatment with respect to any opportunity for clarification. In
conducting discussion, there shall be no disclosure of information derived from
proposals submitted by competing firms. The selection shall be done by the City’s
review committee and will be recommended to the City Council for final approval.
If the City is unable to reach any sort of agreement with the selected firm, the City
will discontinue negotiations with the selected firm and begin negotiations with the
firm ranked second and so on until agreement is reached.
The firm to be recommended to the City Council will be the one whose proposal is
determined to be the most advantageous to the City in consideration of price and all
other evaluation factors which are set forth in this Request for Proposal No other
factors or criteria not listed in this RFP shall be used in the evaluation.
9.0 PROPOSED SCHEDULE
The tentative schedule for this RFP and project process is as follows:
1. RFP issued December 21, 2023
2. Non-mandatory Pre-Proposal Conference
and walk thru January 9, 2024
3. Last Day to submit questions January 16, 2024
4. Final Addendum Issued January 23, 2024
5. RFP Submission Due Date January 30, 2024
6. City Council Award of Contract February 12, 2024
7. Contract Effective March 1, 2024
10.0 QUESTIONS REGARDING RFP
All questions related to this RFP should be submitted in writing to John Gonzalez,
Purchasing Specialist at johngonzalez@cityofevanston.org with a copy to Vicki
Revere, Enrichment and Specialty Programs Division Manager at
vrevere@cityofevanston.org, Jack Mitton, Operations Supervisor at
jmitton@cityofevanston.org, Matt Poole, Assistant Director PRCS at
mpoole@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, rec ommendations and /or
conclusions which Consultant may make for City to any person, firm or
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corporation or use the same in any manner whatsoever without first obtaining
City’s written approval, and (iii) not to disclose to City any information obtained by
Consultant on a confidential basis from any third party unless Consultant shall
have first received written permission from such third party to disclose such
information.
Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in
the possession of others whom the City has contracted with to perform a
governmental function are covered by the Act and subject to disclosure within
limited statutory timeframes (five (5) working days with a possible five (5) working
day extension). Upon notification from the City that it has received a Freedom of
Information Act request that calls for records within the Consultant’s control, the
Consultant shall promptly provide all requested records to the City so that the City
may comply with the request within the required timeframe. The City and the
Consultant shall cooperate to determine what records are subject to such a
request and whether or not any exemption to the disclosure of such records or
part thereof is applicable.
The Purchasing Specialist will endeavor to advise the firm of any request for the
disclosure of the material so marked with “TRADE SECRET”, “CONFIDENTIAL”,
or “PROPRIETARY”, and give the firm or other submitting party the opportunity
to seek a court order to protect such materials from disclosure. If the requested
material was submitted by a party other than the firm, then the firm shall be solely
responsible for notifying the submitting party of the request. The City’s sole
responsibility is to notify the firm of the request for disclosure, and the City shall
not be liable for any damages resulting out of such disclosure, whether such
disclosure is deemed required by law, by an order of court or administrative
agency, or occurs through inadvertence, mistake, negligence on the part of the
City or its officers, or employees.
B. Withdrawal of Proposal
Proposals may be withdrawn prior to the submittal deadline. Withdrawal may be
attained by written request; however, no offer can be withdrawn within the ninety
(90) day period which occurs after the time is set for closing. Proposers who
withdraw their proposals prior to the designated date and time may still submit
another proposal if done in accordance with the proper time frame.
C. Exceptions to Specifications
Exceptions to these specifications shall be listed and explained on a separate
page titled “Exceptions to Specifications”, which shall be prepared by the
Proposer. This page shall then be attached to these documents and submitted at
the same time as the proposal. Each exception must refer to the page number
and paragraph to which it is relevant. The nature and reasoning of each exception
shall be explained in its entirety. Any exceptions to these specifications may be
cause for rejection of the proposal.
D. Hold Harmless
Consultant shall defend, indemnify and hold harmless the City and its officers,
elected and appointed officials, agents, and employees from any and all liability,
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losses, or damages as a result of claims, demands, suits, actions, or proceedings
of any kind or nature, including but not limited to costs, and fees, including
attorney’s fees, judgments or settlements, resulting from or arising out of any
negligent or willful act or omission on the part of the Consultant or Consultant’s
sub-contractors, employees, agents or sub-contractors during the performance of
this Agreement. Such indemnification shall not be limited by reason of the
enumeration of any insurance coverage herein provided. This provision shall
survive completion, expiration, or termination of this Agreement.
Nothing contained herein shall be construed as prohibiting the City, or its officers,
agents, or employees, from defending through the selection and use of their own
agents, attorneys, and experts, any claims, actions or suits brought against them.
The Consultant shall be liable for the costs, fees, and expenses incurred in the
defense of any such claims, actions, or suits. Nothing herein shall be construed
as a limitation or waiver of defenses available to the City and employees and
agents, including but not limited to the Illinois Local Governmental and
Governmental Employees Tort Immunity Act, 745 ILCS 10/1- 101 et seq.
At the City Corporation Counsel’s option, Consultant must defend all suits brought
upon all such Losses and must pay all costs and expenses incidental to them, but
the City has the right, at its option, to participate, at its own cost, in the defense of
any suit, without relieving Consultant of any of its obligations under this
Agreement. Any settlement of any claim or suit related to this Agreement by
Consultant must be made only with the prior written consent of the City
Corporation Counsel, if the settlement requires any action on the part of the City.
To the extent permissible by law, Consultant waives any limits to the amount of
its obligations to indemnify, defend, or contribute to any sums due under any
Losses, including any claim by any employee of Consultant 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.
E. Addenda
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Any and all changes to these documents are valid only if they are included via
written addendum to all respondents. Each respondent should acknowledge
receipt of any addenda by indicating same in their proposal submission. Each
respondent acknowledging receipt of any addenda is responsible for the contents
of the addenda and any changes to the proposal therein. Failure to acknowledge
any addenda may cause the proposal to be rejected. Addenda information is
available over the internet at City of Evanston Notices & Documents or
www.demandstar.com, or by contacting the Purchasing Office, 847-866-2935.
F. Term
The contract is for three (3) years with the option to renew for two (2) additional
one (1) year renewals. 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.
H. Property of the City
All discoveries and documents produced as a result of any service or project
undertaken on behalf of the City of Evanston shall become the property of the
City.
I. Payment Terms
The consultant shall submit invoices detailing the services provided, project,
professional staff, and hours. Payment shall be made in accordance with the
Local Government Prompt Payment Act. Please note that failure to provide a
detailed invoice could result in delay of payment and include termination of any
agreement.
J. Disclosures and Potential Conflicts of Interest
The City of Evanston’s Code of Ethics prohibits public officials or employees from
performing or participating in an official act or action with regard to a transaction
in which he has or knows he will thereafter acquire an interest for profit, without
full public disclosure of such interest. This disclosure requirement extends to the
spouse, children and grandchildren, and their spouses, parents and the parents
of a spouse, and brothers and sisters and their spouses.
To ensure full and fair consideration of all proposals, the City of Evanston requires
all Proposers including owners or employees to investigate whether a potential or
actual conflict of interest exists between the Proposer and the City of Evanston,
its officials, and/or employees. If the Proposer discovers a potential or actual
conflict of interest, the Proposer must disclose the conflict of interest in its
proposal, identifying the name of the City of Evanston official or employee with
whom the conflict may exist, the nature of the conflict of interest,
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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.
All claims by a Proposer against the City relating to a contract shall be submitted
in writing to the Purchasing Specialist. The City will only consider protests that
are properly and timely submitted.
All protests or claims must set forth the name and address of the protester, the
contract number, the grounds for the protest or claim, and the course of action
that the protesting party desires the Purchasing Specialist to take. Statements
shall be sworn and submitted under penalty of perjury.
L. Authority To Resolve Protests And Contract Claims
Protests: The Purchasing Specialist shall have the authority to consider and
resolve a protest of an aggrieved Proposer, actual or prospective, concerning the
solicitation or award of a contract. The City shall issue a written decision and that
decision is final.
Contract Claims: The Purchasing Specialist, after consulting with Corporation
Counsel, shall have the authority to resolve contract claims, subject to the
approval of the City Manager or City Council, as applicable, regarding any
settlement that will result in a change order or contract modification.
Each Proposer, by submitting a response to this RFP, expressly recognizes the
limitations on its rights to protest provided in this Section and expressly waives all
other rights and remedies and agrees that the decision on the protest is final and
conclusive. If a Proposer disregards, disputes or does not follow the
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exclusive protest remedies provided in this Section, it shall indemnify and hold
the City and its officers, employees, agents and consultants harmless from and
against all liabilities, fees and costs, including legal and consultant fees and costs,
and damages incurred or suffered as a result of such Proposer’s actions. Each
Proposer, by submitting a response to this RFP, shall be deemed to have
irrevocably and unconditionally agreed to this indemnity obligation.
M. Litigation
For purposes of this Section, the following terms are defined as follows:
“issue” means any prior or pending litigation or investigation, either civil or
criminal, or any governmental agency action or proceeding (the “issue”), which
may affect the performance of the services to be rendered herein. For purposes
of this Section, an “issue” shall also include any criminal, civil, or administrative
penalty or finding imposed against any covered individual. An issue occurring
within seven (7) years of the date preceding the date of the Proposer’s response
shall be disclosed by the Proposer.
“covered individual” means any principal, president, managing partner, or vice -
president, affiliated in anyway with the Firm, and the Firm’s employees or sub-
contractors.
All proposers shall identify and describe with particularity any issue. The City, and
not Proposer, has the sole discretion to determine whether an issue may affect
the performance of the services. Failure of any Proposer to comply with this
mandatory obligation shall, at the City’s sole discretion, result in the Proposer’s
response being deemed non-responsive and not responsible. Failure of
any Proposer to comply with the obligation specified herein may result in the
voiding any subsequent contract award to Proposer if the City discovers upon the
exercise of its customary due diligence that Proposer failed to comply with the
mandatory obligation in this Section. The City reserves all rights to take any other
actions in the case of a Proposer’s non- compliance with this Section.
N. Sub-contractors
If any firm submitting a proposal intends on sub-contracting out all or any portion
of the engagement, that fact, and the name of the proposed sub -contracting
firm(s) must be clearly disclosed in the proposal. Following the award of the
contract, no additional sub-contracting will be allowed without the prior written
consent of the City of Evanston.
O. Contact with City Personnel
All Proposers are prohibited from making any contact with the City Manager, City
Council, or any other official or employee of the City with regard to the Project,
other than in the manner and to the person(s) designated herein. The Purchasing
Specialist reserves the right to disqualify any Proposer found to have contacted
City Personnel in any manner with regard to the Project. Additionally, if
it is determined that the contact with City Personnel was
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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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PROPOSAL COST FOR
Task Year 1 Year 2 Year 3
* Ammonia Based Ice Refrigeration System (Scope of Services Section 2.1)
Preventative maintenance
services
(annual cost)
$ $ $
After hours emergency calls
(hourly rate for after hour
calls)
$ $ $
Repair work
(hourly rate for repair work)
$ $ $
* HVAC System (Scope of Services Section 2.2)
Preventative maintenance
services
(annual cost)
$ $ $
After hours emergency calls
(hourly rate for after hour
calls)
$ $ $
Repair work
(hourly rate for repair work)
$ $ $
* Respondents may propose on either or both of the above systems (Scope of Services
Section 2.1 and/or Section 2.2).
$251.00 M-F, all day Saturday
$306.00. Sundays & holiday
$254.00 M-F, all day Saturday
$309.00. Sundays & holiday
$174.00 Normal working
hours M-F 7am-3:30pm $177.00 Normal working
hours M-F 7am-3:30pm
$48,969.00 $49,107.00
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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.)
F.E. Moran, Inc. Refrigeration
2265 Carlson Dr. Northbrook, IL 60062
(833)999)2653
(847)498-9091
X
Anthony Martinez, President
Brian Moran, Executive Vice President
Joseph Larson, Treasurer
Ellya Wong, Assistant Secretary
2265 Carlson Dr. Northbrook, IL 60062
2265 Carlson Dr. Northbrook, IL 60062
2265 Carlson Dr. Northbrook, IL 60062
2265 Carlson Dr. Northbrook, IL 60062
N/A
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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.
Armon, Inc.
2265 Carlson Dr. Northbrook, IL 60062
100%
N/A
N/A
N/A
N/A
N/A
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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 required in
1(a), 1(b), 1(c), 2(a), and 2(b).
4c. If "constructive control" of any interest named in Sections 1,2, 3, or 4 is held by another
party, give name and address of party with constructive control. ("Constructive control"
refers to control established through voting trusts, proxies, or special terms of venture of
partnership agreements.)
I have not withheld disclosure of any interest known to me. Information provided is accurate
and current. Anthony Martinez
Date Signature of Person Preparing Statement
Title
ATTEST:
Notary Public
Commission Expires:
(Notary Seal)
N/A
Brian Moran
N/A
2265 Carlson Drive Northbrook, IL 60062
President
8/7/2025
Anthony Martinez _
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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:
Robert Crown Ice Rink Refrigeration Maintenance
RFP# 23-59
F.E. Moran, Inc. Refrigeration
Anthony Martinez
15700 W. 103rd Street
Lemont, IL 60439
(224) 250-7072
anthony.martinez@femoran.com
Ammonia Based Ice Refrigeration System (Scope of Services Section 2.1)
Attachments and supporting documents provided in F.E. Moran, Inc. Refrigeration's proposal
Contract pursuant to the acceptance of F.E. Moran, Inc. Refrigeration's terms and conditions.
23
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Anthony Martinez
Exhibit C
CONFLICT OF INTEREST FORM
, hereby certifies that it has
conducted an investigation into whether an actual or potential conflict of interest exists
between the bidder, its owners and employees and any official or employee of the City of
Evanston.
Proposer further certifies that it has disclosed any such actual or potential conflict of interest
and acknowledges if bidder/Proposer has not disclosed any actual or potential conflict of
interest, the City of Evanston may disqualify the bid/proposal.
(Name of Bidder/Proposer if the Bidder/Proposer is an Individual)
(Name of Partner if the Bidder/Proposer is a Partnership)
(Name of Officer if the Bidder/Proposer is a Corporation)
The above statements must be subscribed and sworn to before a notary public. Subscribed
and Sworn to this day of , 20
Notary Public
Failure to complete and return this form may be considered sufficient reason for rejection of
the bid / proposal.
Anthony Martinez, President
F.E. Moran, Inc. Refrigeration
24
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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, specifications and
attachments hereto. Failure to have read all the provisions of this solicitation shall not be
cause to alter any resulting contract or to accept any request for additional compensation.
By signing this document, the Proposer hereby certifies that they are not barred from
bidding on this contract as a result of bid rigging or bid rotating or any similar offense (720
ILCS S/33E-3, 33E-4).
Authorized
Signature:
Typed/Printed
Anthony Martinez Name:
Name: Date:
Telephone
Title: Number:
Email:
Fax
Number:
Company
Anthony Martinez
President
anthony.martinez@femoran.com
8/7/2025
(224)250-7072
F.E. Moran, Inc. Refrigeration
(847)498-9091
25
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Anthony Martinez
Exhibit E
ANTI-COLLUSION AFFIDAVIT AND PROPOSER’S CERTIFICATION
, being first duly sworn,
deposes and says that he is
(Partner, Officer, Owner, Etc.)
of
(Proposer)
The party making the foregoing proposal or bid, that such bid is genuine and not collusive,
or sham; that said bidder has not colluded, conspired, connived or agreed, directly or
indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has
not in any manner, directly or indirectly, sought by agreement or collusion, or communication
or conference with any person; to fix the bid price element of said bid, or of that of any other
bidder, or to secure any advantage against any other bidder or any person interested in the
proposed contract.
The undersigned certifies that he is not barred from bidding on this contract as a result of a
conviction for the violation of State laws prohibiting bid-rigging or bid-rotating.
(Name of Bidder if the Bidder is an Individual)
(Name of Partner if the Bidder is a Partnership)
(Name of Officer if the Bidder is a Corporation)
The above statements must be subscribed a sworn to before a notary public.
Subscribed and Sworn to this day of , 20
Notary Public
Commission Expires:
Failure to complete and return this form may be considered sufficient reason for rejection of
the bid.
President
F.E. Moran, Inc. Refrigeration
Anthony Martinez
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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 appropriate to partner in response
to the project. For samples of possible advertisements, see the City of Evanston’s Business
Diversity Section http://www.cityofevanston.org/business/business- diversity/ (Sample
Advertisement ). If you request a paper copy of the additional documents, it will be available
free of charge from the Purchasing Office, 2100 Ridge Road Suite 4200, Evanston, IL 60201.
If a bidder is unable to meet the required M/W/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/EBE PARTICIPATION COMPLIANCE FORM
I do hereby certify that
(Name of firm) intends to
participate as a Sub-contractor or General Contractor on the project referenced above.
This firm is a (check only one):
Minority Business Enterprise (MBE), a firm that is at least 51% managed and
controlled by a minority, certified by a certifying agency within Illinois.
Women’s Business Enterprise (WBE), a firm that is at least 51% managed and
controlled by a woman, certified by a certifying agency within Illinois.
Evanston Based Enterprise (EBE), a firm located in Evanston for a minimum
of one year and which performs a “commercially useful function”.
Total proposed price of response $
Amount to be performed by a M/W/EBE $
Percentage of work to be performed by a M/W/EBE %
Information on the M/W/EBE Utilized:
Name
Address
Phone Number
Signature of firm attesting to participation
Title and Date
Please attach
1. Proper certification documentation if applying as a M/WBE and check the appropriate
box below. This M/WBE will be applying with documentation from:
Cook County State Certification
Federal Certification Women’s Business Enterprise National Council
City of Chicago Chicago Minority Supplier Development Council
2. Attach business license if applying as an EBE
N/A
N/A
N/A
N/A
N/A
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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 SERVICES AMOUNT OF PERCENT
FIRM NAME TYPE PERFORMED SUB- OF TOTAL
(MBE/WB CONTRACT CONTRACT
E/DBE/E AMOUNT
BE)
$
$
$
$
$
$
$
$
$
$
$
$
$
$
TOTAL
$
N/A
N/A
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Exhibit H
M/W/EBE PARTICIPATION WAIVER REQUEST
I am of , and I have authority to
(Title) (Name of Firm)
execute this certification on behalf of the firm. I do
(Name)
hereby certify that this firm seeks to waive all or part of this M/W/EBE paritcipation goal
for the following reason(s):
(CHECK ALL THAT APPLY. SPECIFIC SUPPORTING DOCUMENTATION MUST BE
ATTACHED.)
1. No M/W/EBEs responded to our invitation to bid.
2. An insufficient number of firms responded to our invitation to bid.
For #1 & 2, please provide a narrative describing the outreach efforts
from your firm and proof of contacting at least 15 qualified M/W/EBEs
prior to the bid opening. Also, please attach the accompanying form
with notes regarding contacting the Assist Agencies.
3. No sub-contracting opportunities exist.
Please provide a written explanation of why sub-contracting is not
feasible.
4. M/W/EBE participation is impracticable.
Please provide a written explanation of why M/W/EBE participation is
impracticable.
Therefore, we request to waive of the 25% utilization goal for a revised goal of %.
Signature: Anthony Martinez
(Signature)
Date:
President F.E. Moran, Inc. Refrigeration
Anthony Martinez
X
X
100% 0
8/7/2025
See attached supporting documents in proposal
See attached supporting documents in proposal
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EXHIBIT I
M/W/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 Construction Contractor’s Assistance Organization (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.
11/6/2020
11/6/2020
11/6/2020
11/6/2020
11/6/2020
11/6/2020
11/6/2020
Perry Nakachii
BCU
Sheila Hill
embcinc
Beth Doria
Maureen Jung
HACIA
Carol Dougal
Does not have members
that meet required criteria
No response
No response
No response
No response
No response
No response
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Company
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: Anthony Martinez Name:
Typed/Printed
Name and Title: Date:
X
*See attached detailed list of exceptions in proposals supporting documents.
Exclusions to warranty, Section I paragraph 5
Section I, 2nd paragraph vs. 3rd paragraph inconsistent
Section Q., F.E Moran, Inc. Refrigeration would like the same provisions as the City
Scope of services 2.1.1, wish to strike first sentence
wish to strike 2nd paragraph
Scope of services 2.1.2 line item #24 is subjective, wish to modify
Scope of services 2.1.6 line item #3 is subjective, wish to modify
F.E. Moran, Inc. Refrigeration
Anthony Martinez, President 8/7/2025
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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:
Tony Martinez
President
8/7/25
84-3627089
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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
Robert Crown Ice Rink Refrigeration Maintenance
(“the Project”)
RFP Number: 23-59
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.
August 12 25
June 1, 2025
December 31, 2026
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III. PAYMENTS
City shall pay Consultant those fees as provided here: Payment shall be made
upon the completion of each task for a project, as set forth in Exhibit A –
Project Milestones and Deliverables. Any expenses in addition to those set
forth here must be specifically approved by the City in writing in advance.
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 during the term of this
Agreement. All materials, buildings, structures, or equipment designed or
selected by Consultant shall be workable and fit for the intended use thereof,
and will comply with all applicable governmental requirements. Consultant shall
require its employees to observe the working hours, rules, security regulations
and holiday schedules of City while working and to perform its Services in a
manner which does not unreasonably interfere with the City’s business and
operations, or the business and operations of other tenants and occupants in
the City which may be affected by the work relative to this Agreement.
Consultant shall take all necessary precautions to assure the safety of its
employees who are engaged in the performance of the Services, all equipment
and supplies used in connection therewith, and all property of City or other
parties that may be affected in connection therewith. If requested by City,
Consultant shall promptly replace any employee or agent performing the
Services if, in the opinion of the City, the performance of the employee or agent
is unsatisfactory.
Consultant is responsible for conforming its final work product to generally
accepted professional standards for all work performed pursuant to this
Agreement. Nothing in this Agreement accords any third-party beneficiary rights
whatsoever to any non-party to this Agreement that any non-party may seek to
enforce. Consultant acknowledges and agrees that should Consultant or its
sub-consultants provide false information, or fail to be or remain in compliance
with this Agreement; the City may void this Agreement. The
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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 th e City in scheduling and
performing its Work to avoid conflict, delay in or interference with the work of
others, if any, at the Project.
Except as otherwise provided herein, the nature and scope of Services specified
in this Agreement may only be modified by a writing approved by both parties.
This Agreement may be modified or amended from time to time provided,
however, that no such amendment or modification shall be effective unless
reduced to writing and duly authorized and signed by the authorized
representatives of the parties.
B. Representation and Warranties. Consultant represents and warrants that:
(1) Consultant possesses and will keep in force all required licenses to perform
the Services; (2) the employees of Consultant performing the Services are fully
qualified, licensed as required, and skilled to perform the Services.
C. Breach/Default. Any one of the following events shall be deemed an event of
default hereunder by Consultant, subject to Consultant’s right to cure:
1. Failure to perform the Services as defined in Paragraph A above and
contained within Exhibit A;
2. Failure to comply with any other of the General Provisions contained within
this contract.
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Consultant, within thirty (30) days, shall have the right to cure any default herein
listed at its own expense, including completion of Services or the replacement
or termination of any agent, employee, or sub-contractor as a result of any
violation of the General Provisions contained herein.
D. Remedy. City does not waive any right to exercise any option to cure any
breach or default on the part of contractor, including but not limited to injunctive
relief, an action in law or equity or termination of this Agreement as outlined in
Paragraph E of this section.
E. Termination. City may, at any time, with or without cause, terminate this
Agreement upon seven (7) days written notice to Consultant. If the City
terminates this agreement, the City will make payment to Consultant for
Services performed prior to termination. Payments made by the City pursuant
to this Agreement are subject to sufficient appropriations made by the City of
Evanston City Council. In the event of termination resulting from non-
appropriation or insufficient appropriation by the City Council, the City’s
obligations hereunder shall cease and there shall be no penalty or further
payment required. In the event of an emergency or threat to the life, safety or
welfare of the citizens of the City, the City shall have the right terminate this
Agreement without prior written notice. Within thirty (30) days of termination of
this Agreement, the Consultant shall turn over to the City any documents, drafts,
and materials, including but not limited to, outstanding work product, data,
studies, test results, source documents, AutoCAD Version 2007, PDF,
ARTView, Word, Excel spreadsheets, technical specifications and calculations,
and any other such items specifically identified by the City related to the
Services herein.
F. Independent Consultant. Consultant’s status shall be that of an independent
Consultant and not that of a servant, agent, or employee of City. Consultant
shall not hold Consultant out, nor claim to be acting, as a servant, agent or
employee of City. Consultant is not authorized to, and shall not, make or
undertake any agreement, understanding, waiver or representation on behalf of
City. Consultant shall at its own expense comply with all applicable workers
compensation, unemployment insurance, employe r’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.
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G. Conflict of Interest. Consultant represents and warrants that no prior or
present services provided by Consultant to third parties conflict with the
interests of City in respect to the Services being provided hereunder except as
shall have been expressly disclosed in writing by Consultant to City and
consented to in writing to City.
H. Ownership of Documents and Other Materials. All originals, duplicates and
negatives of all plans, drawings, reports, photographs, charts, programs,
models, specimens, specifications, AutoCAD Version 2007, Excel
spreadsheets, PDF, and other documents or materials required to be furnished
by Consultant hereunder, including drafts and reproduction copies thereof, shall
be and remain the exclusive property of City, and City shall have the unlimited
right to publish and use all or any part of the same without payment of any
additional royalty, charge, or other compensation to Consultant. Upon the
termination of this Agreement, or upon request of City, during any stage of the
Services, Consultant shall promptly deliver all such materials to City. Consultant
shall not publish, transfer, license or, except in connection with carrying out
obligations under this Agreement, use or reuse all or any part of such reports
and other documents, including working pages, without the prior written
approval of City, provided, however, that Consultant may retain copies of the
same for Consultant’s own general reference.
I. Payment. Invoices for payment shall be submitted by Consultant to City at the
address set forth above, together with reasonable supporting documentation,
City may require such additional supporting documentation as City reasonably
deems necessary or desirable. Payment shall be made in accordance with the
Illinois Local Government Prompt Payment Act, after City’s receipt of an invoice
and all such supporting documentation.
J. Right to Audit. Consultant shall for a period of three years following
performance of the Services, keep and make available for the inspection,
examination and audit by City or City’s authorized employees, agents or
representatives, at all reasonable time, all records respecting the services and
expenses incurred by Consultant, including without limitation, all book,
accounts, memoranda, receipts, ledgers, canceled checks, and any other
documents indicating, documenting, verifying or substantiating the cost and
appropriateness of any and all expenses. If any invoice submitted by Consultant
is found to have been overstated, Consultant shall provide City an immediate
refund of the overpayment together with interest at the highest rate permitted
by applicable law, and shall reimburse all of City’s expenses for and in
connection with the audit respecting such invoice.
K. Indemnity. Consultant shall defend, indemnify and hold harmless the City and
its officers, elected and appointed officials, agents, and employees from any
and all liability, losses, or damages as a result of claims, demands, suits,
actions, or proceedings of any kind or nature, including but not limited to costs,
and fees, including attorney’s fees, judgments or settlements, resulting from or
arising out of any negligent or willful act or omission on the part of the
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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 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
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hereunder: (1) worker’s compensation in statutory limits and employer’s liability
insurance in the amount of at least $500,000, (2) comprehensive general liability
coverage, and designating City as additional insured for not less than
$3,000,000 combined single limit for bodily injury, death and property damage,
per occurrence, (3) comprehensive automobile liability insurance covering
owned, non-owned and leased vehicles for not less than $1,000,000 combined
single limit for bodily injury, death or property damage, per occurrence, and (4)
errors and omissions or professional liability insurance respecting any insurable
professional services hereunder in the amount of at least $1,000,000.
Consultant shall give to the City certificates of insurance for all Services done
pursuant to this Agreement before Consultant performs any Services, and, if
requested by City, certified copies of the policies of insurance evidencing the
coverage and amounts set forth in this Section. The City may also require
Consultant to provide copies of the Additional Insured Endorsement to said
policy (ies) which name the City as an Additional Insured for all of Consultant’s
Services and work under this Agreement. Any limitations or modification on the
certificate of insurance issued to the City in compliance with this Section that
conflict with the provisions of this Section shall have no force and effect.
Consultant’s certificate of insurance shall contain a provision that the coverage
afforded under the policy(s) will not be canceled or reduced without thirty (30)
days prior written notice (hand delivered or registered mail) to City. Consultant
understands that the acceptance of certificates, policies and any other
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 di sclosure 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.
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, o r rights to place a lien
upon City property or any improvements thereon in connection with any
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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.
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.
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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:
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
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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 Illino is
Secretary of State.
G. If more favorable terms are granted by Consultant to any similar governmental
entity in any state in a contemporaneous agreement let under the same or similar
financial terms and circumstances for comparable supplies or services, the more
favorable terms shall be applicable under this Agreement.
H. Consultant certifies that it is not delinquent in the payment of any fees, fines,
damages, or debts to the City of Evanston.
IX. INTEGRATION
This Agreement, together with Exhibits A, B, C, and D sets forth all the covenants,
conditions and promises between the parties with regard to the subject matter set forth
herein. There are no covenants, promises, agreements, conditions or understandings
between the parties, either oral or written, other than those contained in this
Agreement. This Agreement has been negotiated and entered into by each party with
the opportunity to consult with its counsel regarding the terms therein. No portion of
the Agreement shall be construed against a party due to the fact that one party drafted
that particular portion as the rule of contra proferentem shall not apply.
In the event of any inconsistency between this Agreement, and any Exhibits, this
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45
Revised 03-02-2023
Agreement shall control over the Exhibits. In no event shall any proposal or contract
form submitted by Consultant be part of this Agreement unless agreed to in a writing
signed by both parties and attached and referred to herein as an Addendum, and in
such event, only the portions of such proposal or contract form consistent with this
Agreement and Exhibits hereto shall be part hereof.
IN WITNESS WHEREOF, the parties hereto have each approved and executed this
Agreement on the day, month and year first above written.
CONSULTANT: CITY OF EVANSTON
2100 RIDGE AVENUE
EVANSTON, IL 60201
By: By:
Luke Stowe
Its: Its: City Manager
FEIN Number: Date:
Date: Approved as to form:
By:
Alexandra B. Ruggie
Its: Interim Corporation Counsel
Revision: April 2021
________________________
______________________________
Cynthia Grandfield
Acting Corporation Counsel
08 / 18 / 2025
Operations Manger
84-3627089
08 / 15 / 2025
Doc ID: 86b0aeae3429390d50b3af479848f2ceb20bf7e2
46
Revised 03-02-2023
EXHIBIT A – Project Milestones and Deliverables
This EXHIBIT A to that certain Consulting Agreement dated between the City of
Evanston, 2100 Ridge Avenue, Evanston, Illinois, 60201(“City”) and
(“Consultant”) sets forth the Commencement and Completion Date, Services, Fees, and
Reimbursable Expenses as follows:
I. COMMENCEMENT DATE:
II. COMPLETION DATE:
III. FEES:
IV. SERVICES/SCOPE OF WORK:
As defined in RFP/Q #_23-59 (Exhibit B) and Consultants Response to
Proposal (Exhibit C)
Dated:
8.14.25
F.E Moran Inc.
June 1, 2025
December 31, 2025
08 / 14 / 2025
Doc ID: 86b0aeae3429390d50b3af479848f2ceb20bf7e2
2019 DemandStar® Corporation. All Rights Reserved.
206.940.0305
Registering for
DemandStar
1 REGISTER
Go to:
https://www.demandstar.com/registration
It’s EASY! Get started with these 3 easy steps!
Doc ID: 86b0aeae3429390d50b3af479848f2ceb20bf7e2
2019 DemandStar® Corporation. All Rights Reserved.
206.940.0305
2 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
3 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
Visit www.demandstar.com
SIGN UP
Doc ID: 86b0aeae3429390d50b3af479848f2ceb20bf7e2
(E-bidding) Electronic Bidding Instructions
Doc ID: 86b0aeae3429390d50b3af479848f2ceb20bf7e2
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
Doc ID: 86b0aeae3429390d50b3af479848f2ceb20bf7e2
•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
How to check if it is an e-bidding opportunity
Doc ID: 86b0aeae3429390d50b3af479848f2ceb20bf7e2
1. Click on “E-bidding” in
the actions column
In order to do
e-bidding
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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.
In order to do
e-bidding
Doc ID: 86b0aeae3429390d50b3af479848f2ceb20bf7e2
•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.
In order to do
e-bidding
Doc ID: 86b0aeae3429390d50b3af479848f2ceb20bf7e2
Upload your response
documents in an accepted file
format
Make sure that you have
covered and uploaded all the
required documents
In order to do e-
bidding
Doc ID: 86b0aeae3429390d50b3af479848f2ceb20bf7e2
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
In order to do e-
bidding
Doc ID: 86b0aeae3429390d50b3af479848f2ceb20bf7e2
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
Doc ID: 86b0aeae3429390d50b3af479848f2ceb20bf7e2
•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
Confirmation of
Response
Doc ID: 86b0aeae3429390d50b3af479848f2ceb20bf7e2
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
Post
Submission
Edits
Copyright 2019, DemandStar Corporation. (206)940-0305
Doc ID: 86b0aeae3429390d50b3af479848f2ceb20bf7e2
DemandStar E-Bidding: Frequently Asked Questions
• Do suppliers need to be registered with DemandStar to participate in e-bidding?
Yes. But if they don’t already have an account with DemandStar, they can sign up and either
o Be a subscriber for only your agency, at no charge, and be able to download
documents at no charge and then receive notifications that match their commodity
codes
o Be a “basic supplier” for free - who researches on our platform and then pays $5 to
download all documents, thus becoming a plan holder
o Be a paid subscriber for a county, state, national and receive notifications from all
included agencies
• Can suppliers respond with document uploads or do they simply fill in forms?
Yes, they may respond with document uploads that are available to you via the
DemandStar platform.
• What type of E-Bidding Documents can be uploaded?
Acceptable file formats for sending back documents that the city will accept:
• Is there a maximum file size that I can upload?
Vendors can simply upload a single file or multiple documents as long as it doesn’t exceed
100 MBs (single or multiple files)
• After a bid opening, what document(s) are made public by DemandStar?
None. Only the agency can see the vendor responses so you are the only ones who will
determine what you want to download and make public.
• Who do I call if I have questions or problems with the DemandStar?
The City strongly encourages each respondent to setup their account and to explore
the eBidding module at least a couple of days before the bid due date.
If you have questions or issues creating your account, accessing the eBidding
module or submitting your bid prior to the bid due date, please contact DemandStar
at 866.273.1863 or by email at hello@demandstar.com.
Doc ID: 86b0aeae3429390d50b3af479848f2ceb20bf7e2
Exhibit J
CITY OF EVANSTON
PROFESSIONAL SERVICES AGREEMENT
The parties referenced herein desire to enter into an agreement for professional
services for
Robert Crown Ice Rink Refrigeration Maintenance
(“the Project”)
RFP Number: 23-59
THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this
12th day of May, 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”), F.E. Moran Inc. Refrigeration, with offices located 15700 W. 103rd St.,
Lemont, IL 60439, (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 $48,984 in 2025 and $50,352 in 2026.
I. COMMENCEMENT DATE
Consultant shall commence the Services on June 1, 2025 or no later than
three (3) DAYS AFTER City executes and delivers this Agreement to
Consultant.
II. COMPLETION DATE
Consultant shall complete the Services by 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.
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III. PAYMENTS
City shall pay Consultant those fees as provided here: Payment shall be
made upon the completion of each task for a project, as set forth in Exhibit
A – Project Milestones and Deliverables. Any expenses in addition to those
set forth here must be specifically approved by the City in writing in
advance.
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. #
23-59 (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 defect s.
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
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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 without
the City’s prior written consent. The Consultant shall be responsible for the
accuracy and quality of any sub-consultant’s work.
All sub-consultant agreements shall include verbatim or by reference the
provisions in this Agreement binding upon Consultant as to all Services provided
by this Agreement, such that it is binding upon each and every sub-consultant that
does work or provides Services under this Agreement.
The Consultant shall cooperate fully with the City, other City contractors,
other municipalities and local government officials, public utility companies, and
others, as may be directed by the City. This shall include attendance at meetings,
discussions and hearings as requested by the City. This cooperation shall extend
to any investigation, hearings or meetings convened or instituted by the City, any
of its departments, and/or OSHA relative to this Project, as necessary. Consultant
shall cooperate with the City in scheduling and performing its Work to avoid
conflict, delay in or interference with the work of others, if any, at the Project.
Except as otherwise provided herein, the nature and scope of Services
specified in this Agreement may only be modified by a writing approved by both
parties. This Agreement may be modified or amended from time to time provided,
however, that no such amendment or modification shall be effective unless
reduced to writing and duly authorized and signed by the authorized
representatives of the parties.
B. Representation and Warranties. Consultant represents and warrants
that: (1) Consultant possesses and will keep in force all required licenses
to perform the Services; (2) the employees of Consultant performing the
Services are fully qualified, licensed as required, and skilled to perfo rm the
Services.
C. Breach/Default. Any one of the following events shall be deemed an event
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of default hereunder by Consultant, subject to Consultant’s right to cure:
1. Failure to perform the Services as defined in Paragraph A above and
contained within Exhibit A;
2. Failure to comply with any other of the General Provisions contained
within this contract.
Consultant, within thirty (30) days, shall have the right to cure any default
herein listed at its own expense, including completion of Services or the
replacement or termination of any agent, employee, or sub -contractor as a
result of any violation of the General Provisions contained herein.
D. Remedy. City does not waive any right to exercise any option to cure
any breach or default on the part of contractor, including but not limited to
injunctive relief, an action in law or equity or termination of this Agreement
as outlined in Paragraph E of this section.
E. Termination. City may, at any time, with or without cause, terminate this
Agreement upon seven (7) days written notice to Consultant. If the City
terminates this agreement, the City will make payment to Consultant for
Services performed prior to termination. Payments made by the City
pursuant to this Agreement are subject to sufficient appropriations made by
the City of Evanston City Council. In the event of termination resulting from
non-appropriation or insufficient appropriation by the City Council, the City’s
obligations hereunder shall cease and there shall be no penalty or further
payment required. In the event of an emergency or threat to the life, safety
or welfare of the citizens of the City, the City shall have the right terminate
this Agreement without prior written notice. Within thirty (30) days of
termination of this Agreement, the Consultant shall turn over to the City any
documents, drafts, and materials, including but not limited to, outstanding
work product, data, studies, test results, source documents, AutoCAD
Version 2007, PDF, ARTView, Word, Excel spreadsheets, technical
specifications and calculations, and any other such items specifically
identified by the City related to the Services herein.
F. Independent Consultant. Consultant’s status shall be that of an independent
Consultant and not that of a servant, agent, or employee of City. Consultant
shall not hold Consultant out, nor claim to be acting, as a servant, agent or
employee of City. Consultant is not authorized to, and shall not, make or
undertake any agreement, understanding, waiver or representation on
behalf of City. Consultant shall at its own expense comply with all applicable
workers compensation, unemployment insurance, employer’s liability, tax
withholding, minimum wage and hour, and other federal, state, county and
municipal laws, ordinances, rules, regulations and orders. Consultant shall
require its employees to observe the working hours, rules, security
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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 sha ll not publish, transfer, license or,
except in connection with carrying out obligations under this Agreement,
use or reuse all or any part of such reports and other documents, including
working pages, without the prior written approval of City, provided, however,
that Consultant may retain copies of the same for Consultant’s own general
reference.
I. Payment. Invoices for payment shall be submitted by Consultant to City at
the address set forth above, together with reasonable supporting
documentation, City may require such additional supporting documentation
as City reasonably deems necessary or desirable. Payment shall be made
in accordance with the Illinois Local Government Prompt Payment Act, after
City’s receipt of an invoice and all such supporting documentation.
J. Right to Audit. Consultant shall for a period of three years following
performance of the Services, keep and make available for the inspection,
examination and audit by City or City’s authorized employees, agents or
representatives, at all reasonable time, all records respecting the services
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and expenses incurred by Consultant, including without limitation, all book,
accounts, memoranda, receipts, ledgers, canceled checks, and any other
documents indicating, documenting, verifying or substantiating the cost and
appropriateness of any and all expenses. If any invoice submitted by
Consultant is found to have been overstated, Consultant shall provide City
an immediate refund of the overpayment together with interest at the
highest rate permitted by applicable law, and shall reimburse all of City’s
expenses for and in connection with the audit respecting such invoice.
K. Indemnity. Consultant shall defend, indemnify and hold harmless the City
and its officers, elected and appointed officials, agents, and employees from
any and all liability, losses, or damages as a result of claims, demands,
suits, actions, or proceedings of any kind or nature, including but not limited
to costs, and fees, including attorney’s fees, judgments or settlements,
resulting from or arising out of any negligent or willful act or omission on the
part of the Consultant or Consultant’s sub-contractors, employees, agents
or sub-contractors during the performance of this Agreement. Such
indemnification shall not be limited by reason of the enumeration of any
insurance coverage herein provided. This provision shall survive
completion, expiration, or termination of this Agreement.
Nothing contained herein shall be construed as prohibiting the City, or its
officers, agents, or employees, from defending through the selection and
use of their own agents, attorneys, and experts, any claims, actions or suits
brought against them. The Consultant shall be liable for the costs, fees, and
expenses incurred in the defense of any such claims, actions, or suits.
Nothing herein shall be construed as a limitation or waiver of defenses
available to the City and employees and agents, including but n ot 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 settle ment 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,
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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 th is Section shall survive completion,
expiration, or termination of this Agreement.
L. Insurance. Consultant shall carry and maintain at its own cost with such
companies as are reasonably acceptable to City all necessary liability
insurance (which shall include as a minimum the requirements set forth
below) during the term of this Agreement, for damages caused or
contributed to by Consultant, and insuring Consultant against claims which
may arise out of or result from Consultant’s performance or failure to
perform the Services hereunder: (1) worker’s compensation in statutory
limits and employer’s liability insurance in the amount of at least $500,000,
(2) comprehensive general liability coverage, and designating City as
additional insured for not less than $3,000,000 combined single limit for
bodily injury, death and property damage, per occurrence, (3)
comprehensive automobile liability insurance covering owned, non -owned
and leased vehicles for not less than $1,000,000 combined single limit for
bodily injury, death or property damage, per occurrence, and (4) errors and
omissions or professional liability insurance respecting any insurable
professional services hereunder in the amount of at least $1,000,000.
Consultant shall give to the City certificates of insurance for all Services
done pursuant to this Agreement before Consultant performs any Services,
and, if requested by City, certified copies of the policies of insurance
evidencing the coverage and amounts set forth in this Section. The City may
also require Consultant to provide copies of the Additional Insured
Endorsement to said policy (ies) which name the City as an Additional
Insured for all of Consultant’s Services and work under this Agreement. Any
limitations or modification on the certificate of insurance issued to the City
in compliance with this Section that conflict with the provisions of this
Section shall have no force and effect. Consultant’s certificate of in surance
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
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commercial general liability insurance policy as respects the City. In the
event Consultant fails to purchase or procure insurance as required above,
the parties expressly agree that Consultant shall be in default under this
Agreement, and that the City may recover all losses, attorney’s fees and
costs expended in pursuing a remedy or reimbursement, at law or in equity,
against Consultant.
Consultant acknowledges and agrees that if it fails to comply with all
requirements of this Section, that the City may void this Agreement.
M. Confidentiality. In connection with this Agreement, City may provide
Consultant with information to enable Consultant to render the Services
hereunder, or Consultant may develop confidential information for City.
Consultant agrees (i) to treat, and to obligate Consultant’s employees to
treat, as secret and confidential all such information whether or not identified
by City as confidential, (ii) not to disclose any such information or make
available any reports, recommendations and /or conclusions which
Consultant may make for City to any person, firm or corporation or use the
same in any manner whatsoever without first obtaining City’s written
approval, and (iii) not to disclose to City any information obtained by
Consultant on a confidential basis from any third party unless Consultant
shall have first received written permission from such third party to disclose
such information.
Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2),
records in the possession of others whom the City has contracted with to
perform a governmental function are covered by the Act and subject to
disclosure within limited statutory timeframes (five (5) working days with a
possible five (5) working day extension). Upon notification from the City that
it has received a Freedom of Information Act request that calls for records
within the Consultant’s control, the Consultant shall promptly provide all
requested records to the City so that the City may comply with the request
within the required timeframe. The City and the Consultant shall cooperate
to determine what records are subject to such a request and whether or not
any exemption to the disclosure of such records or part thereof is applicable.
Vendor shall indemnify and defend the City from and against all claims
arising from the City’s exceptions to disclosing certain records which Vendor
may designate as proprietary or confidential. Compliance by the City with
an opinion or a directive from the Illinois Public Access Counselor or the
Attorney General under FOIA, or with a decision or order of Court with
jurisdiction over the City, shall not be a violation of this Section.
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 material s
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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 per formance of the
Services without the prior written consent of City.
P. Compliance with Applicable Statutes, Ordinances and Regulations. In
performing the Services, Consultant shall comply with all applicable federal,
state, county, and municipal statutes, ordinances and regulations, at
Consultant’s sole cost and expense, except to the extent expressly provided
to the contrary herein. Whenever the City deems it reasonably necessary
for security reasons, the City may conduct at its own expense, criminal and
driver history background checks of Consultant’s officers, employees, sub-
contractors, or agents. Consultant shall immediately reassign any such
individual who in the opinion of the City does not pass the background
check.
Q. Liens and Encumbrances. Consultant, for itself, and on behalf of all sub-
contractors, suppliers, materialmen and others claiming by, through or
under Consultant, hereby waives and releases any and all statutory or
common law mechanics’ materialmen’s’ or other such lien claims, or rights
to place a lien upon City property or any improvements thereon in
connection with any Services performed under or in connection with this
Agreement. Consultant further agrees, as and to the extent of payment
made hereunder, to execute a sworn affidavit respecting the payment and
lien releases of all sub-contractors, suppliers and materialmen, and a
release of lien respecting the Services at such time or times and in such
form as may be reasonably requested by City. Consultant shall protect City
from all liens for labor performed, material supplied or used by Consultant
and/or any other person in connection with the Services undertaken by
consultant hereunder, and shall not at any time suffer or permit any lien or
attachment or encumbrance to be imposed by any sub-consultant, supplier
or materialmen, or other person, firm or corporation, upon City property or
any improvements thereon, by reason or any claim or demand against
Consultant or otherwise in connection with the Services.
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
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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 Consu ltant as part of the
judgment against Consultant, its attorneys’ fees and costs incurred in each
and every such action, suit, or other proceeding.
T. Waiver. Any failure or delay by City to enforce the provisions of this
Agreement shall in no way constitute a waiver by City of any contractual
right hereunder, unless such waiver is in writing and signed by City.
U. Severability. In the event that any provision of this Agreement should be
held void, or unenforceable, the remaining portions hereof shall remain in
full force and effect.
V. Choice of Law. The rights and duties arising under this Agreement shall
be governed by the laws of the State of Illinois. Venue for any action arising
out or due to this Agreement shall be in Cook County, Illinois. The City shall
not enter into binding arbitration to resolve any dispute under this
Agreement. The City does not waive tort immunity by entering into this
Agreement.
W. Time. Consultant agrees all time limits provided in this Agreement and any
Addenda or Exhibits hereto are of essence to this Agreement. Consultant
shall continue to perform its obligations while any dispute concerning the
Agreement is being resolved, unless otherwise directed by the City.
X. Survival. Except as expressly provided to the contrary herein, all
provisions of this Agreement shall survive all performances hereunder
including the termination of the Consultant.
VI. EQUAL EMPLOYMENT OPPORTUNITY
In the event of the Consultant’s noncompliance with any provision of Section 1-12-
5 of the Evanston City Code, the Illinois Human Rights Act or any other 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:
Doc ID: 86b0aeae3429390d50b3af479848f2ceb20bf7e2
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 5/2 -
105 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.
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.
Doc ID: 86b0aeae3429390d50b3af479848f2ceb20bf7e2
C. If Consultant, or any officer, director, partner, or other managerial agent of
Consultant, has been convicted of a felony under the Sarbanes-Oxley Act of 2002,
or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Consultant
certifies at least five years have passed since the date of the conviction.
D. Consultant certifies that it has not been convicted of the offense of bid
rigging or bid rotating or any similar offense of any State in the U.S., nor made any
admission of guilt of such conduct that is a matter of record. (720 ILCS 5/33 E-3,
E-4).
E. In accordance with the Steel Products Procurement Act, Consultant certifies
steel products used or supplied in the performance of a contract for public works
shall be manufactured or produced in the U.S. unless the City grants an exemption.
F. Consultant certifies that it is properly formed and existing legal entity , and
as applicable, has obtained an assumed name certificate from the appropriate
authority, or has registered to conduct business in Illinois and is in good standing
with the Illinois Secretary of State.
G. If more favorable terms are granted by Consultant to any similar
governmental entity in any state in a contemporaneous agreement let under the
same or similar financial terms and circumstances for comparable supplies or
services, the more favorable terms shall be applicable under this Agreement.
H. Consultant certifies that it is not delinquent in the payment of any fees, fines,
damages, or debts to the City of Evanston.
IX. INTEGRATION
This Agreement, together with Exhibits A, B, C, and D sets forth all the covenants,
conditions and promises between the parties with regard to the subject matter set
forth herein. There are no covenants, promises, agreements, conditions or
understandings between the parties, either oral or written, other than those
contained in this Agreement. This Agreement has been negotiated and entered
into by each party with the opportunity to consult with its counsel regarding the
terms therein. No portion of the Agreement shall be construed against a party due
to the fact that one party drafted that particular portion as the rule of contra
proferentem shall not apply.
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.
Doc ID: 86b0aeae3429390d50b3af479848f2ceb20bf7e2
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
Doc ID: 86b0aeae3429390d50b3af479848f2ceb20bf7e2
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 #23-59 (Exhibit B) and Consultants Response to Proposal
(Exhibit C)
Dated: ______________
Doc ID: 86b0aeae3429390d50b3af479848f2ceb20bf7e2
Contract with F.E. Moran, Inc., Refrigeration for Ice...
FE_Moran_signature_Memo_2025.pdf and 2 others
86b0aeae3429390d50b3af479848f2ceb20bf7e2
MM / DD / YYYY
Signed
08 / 14 / 2025
11:16:06 UTC-5
Sent for signature to Anthony Martinez
(anthony.martinez@femoran.com), Cynthia Grandfield
(cgrandfield@cityofevanston.org) and Luke Stowe
(lstowe@cityofevanston.org) from lthomas@cityofevanston.org
IP: 50.171.242.186
08 / 15 / 2025
10:24:08 UTC-5
Viewed by Anthony Martinez (anthony.martinez@femoran.com)
IP: 104.223.18.30
08 / 15 / 2025
10:28:30 UTC-5
Signed by Anthony Martinez (anthony.martinez@femoran.com)
IP: 216.221.27.57
08 / 15 / 2025
16:34:52 UTC-5
Viewed by Cynthia Grandfield
(cgrandfield@cityofevanston.org)
IP: 46.110.6.173
08 / 15 / 2025
16:35:14 UTC-5
Signed by Cynthia Grandfield
(cgrandfield@cityofevanston.org)
IP: 46.110.6.173
08 / 18 / 2025
10:35:52 UTC-5
Viewed by Luke Stowe (lstowe@cityofevanston.org)
IP: 50.171.242.186
08 / 18 / 2025
10:36:33 UTC-5
Signed by Luke Stowe (lstowe@cityofevanston.org)
IP: 50.171.242.186
The document has been completed.08 / 18 / 2025
10:36:33 UTC-5
Contract with F.E. Moran, Inc., Refrigeration for Ice...
FE_Moran_signature_Memo_2025.pdf and 2 others
86b0aeae3429390d50b3af479848f2ceb20bf7e2
MM / DD / YYYY
Signed