City of Evanston RFP 17-01 Public Art Light Sculpture at Green Bay-Emerson-Ridge and RFP 17-01 Addendum 1.

CITY OF EVANSTON
REQUEST FOR PROPOSAL
NUMBER: 17-01
for
Public Art Light Sculpture at Green Bay/Emerson/Ridge Exchange March 09, 2017

PROPOSAL DEADLINE:

PRE-PROPOSAL MEETING:

2:00 PM, May 16, 2017,
Room 4200,
Lorraine H. Morton Civic Center, 2100 Ridge Avenue,
Evanston, Illinois 60201

(Non-mandatory)
2:00, March 20, 2017
Room 2402
Lorraine H. Morton Civic Center 2100 Ridge Avenue
Evanston, Illinois 60201

SEALED PROPOSALS TO BE RETURNED TO:

CITY OF EVANSTON PURCHASING DIVISION, ROOM 4200

LORRAINE H. MORTON CIVIC CENTER 2100 RIDGE AVENUE EVANSTON, ILLINOIS 60201 PHONE (847)866-2935 * FAX (847)448-8128

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TABLE OF CONTENTS

Notice to Proposers...................................................................................................3

1.0 Introduction......................................................................................................4 2.0 Scope of Services ...........................................................................................4 3.0 Insurance.........................................................................................................6 4.0 Submittal Requirements ..................................................................................6 5.0 Additional Submittal Requirements .................................................................7 6.0 M/W/EBE Goals..............................................................................................7 7.0 Evaluation Criteria ...........................................................................................8 8.0 Selection Process............................................................................................8 9.0 Proposed Schedule .........................................................................................9 10.0 Questions Regarding RFP...............................................................................9 11.0 General Terms and Conditions........................................................................9 Price/Costs Form.......................................................................................................14

Exhibit A – Disclosure of Ownership Interests...........................................................15 Exhibit B – Additional Information Sheet ...................................................................19 Exhibit C – Conflict of Interest Form..........................................................................20 Exhibit D – Acknowledgement of Understanding.......................................................21 Exhibit E – Anti-Collusion Affidavit and Proposer’s Certification ...............................22 Exhibit F – City of Evanston M/W/EBE Policy.......................................................23 Exhibit G – M/W/EBE Participation Compliance Form .........................................24 Exhibit H – M/W/EBE Participation Waiver Request.............................................25 Exhibit I – Construction Contractors Assistance Organizations.................................26 Exhibit J – Artist Services Agreement Acknowledgement .........................................27 Exhibit J – Artist Agreement ......................................................................................28 Exhibit K – Response Submittal Label ......................................................................45

Attachment A – Map of triangular area under viaduct
Attachment B – Google street shot of triangular area under viaduct Attachment C – Picture of triangle with shot of sculpture site Attachment D – Viaduct light picture 1
Attachment E – Viaduct light picture 2

CITY OF EVANSTON NOTICE TO PROPOSERS

Sealed proposals will be received by the Purchasing Office in Room 4200, Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston, Illinois 60201, until 2:00 P.M. local time on May 16, 2017. Proposals shall cover the following:

Public Art Light Sculpture for the Green Bay/Ridge/Emerson Exchange RFP Number: 17-01

The City of Evanston’s Arts Council via the Cultural Arts Coordinator’s Office is seeking proposals from experienced firms for an outdoor sculpture that emits light for the center of the Green Bay/Ridge Emerson traffic exchange.

There will be a Non-mandatory pre-proposal meeting March 20, 2017, at 2:00 p.m. in Room 2402 of the Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston, Illinois 60201. 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. The document, including all necessary plans and specifications, will be available in the Purchasing Office on March 9, 2017. Parties interested in submitting a bid should contact the Purchasing Office to receive a copy of the bid or see the City’s website at: www.cityofevanston.org/business/bids-proposals/ or Demandstar at: www.demandstar.com.

The City (the City of Evanston) in accordance with the laws of the State of Illinois, hereby notifies all firms that it will affirmatively ensure that the contract(s) entered into pursuant to this notice will be awarded to the successful firm without discrimination on the grounds of race, color, religion, sex, age, sexual orientation marital status, disability, familial status or national origin. The 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 if 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.

JacQuera Calvert Purchasing Specialist

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CITY OF EVANSTON

Request for Proposal

1.0 INTRODUCTION

The City is seeking proposals for an artist to design, fabricate and install a light sculpture in the center triangle at the juncture of Green Bay Street, Ridge Avenue and Emerson Street.

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

A. Overview
As the City of Evanston strives to create the most livable City, it remains committed to a “complete streets” approach to maintenance and upgrades in Public Works projects. This means that, among other things, sustainability, aesthetics, accessibility and health and safety are considered within the parameters of all public projects.

The City of Evanston is in process of a major redesign, upgrade and visioning of the juncture of Green Bay Street, Ridge Avenue and Emerson Street. The installation of a light sculpture in the center of the exchange is a part of those plans.

There are compelling reasons for the inclusion of public art in the project. Such public art will serve as a visual place-making piece that brings together several distinct Evanston neighborhoods – the historic residential area to the north, the culturally diverse west end, Northwestern to the east and our thriving downtown to the south.

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A city’s built environment and Public Art together become a “statement of value.” The arts have always been important in shaping the unique identity of a community. Public art connects us emotionally to our neighborhoods and serves a visual orientation for residents and visitors. In addition, art is widely recognized as contributing to a City’s economic development, real estate values and quality of life. In accordance with this view, the Evanston Public Art ordinance states that all construction projects (at least 50% of costs paid by the City and exceeding at least $1 million in costs) shall have associated Public Art Projects and shall be included in the Public Art Plan.

Goals
The primary goal for public art for the Green Bay-Ridge-Emerson exchange is to be imaginative and aesthetically pleasing, and to contribute to the over all livability of the City of Evanston, and will observe the following guidelines:
1. Theartworkshouldbeofhighartisticqualityandbewell-integratedinto
  
  the triangular center of the exchange. (See site plan or public art
  
  website for exact location.)
2. The artwork should be conceived in relation to the exterior site as
  
  indicated on the site plan.
3. The City is looking for artwork that will be imaginative, reflecting the
  
  innovative energies and creative values of the Evanston community.
4. Theartworkistobeluminating(toemitlight)whilecarefullyconsidering
  
  the visibility needs of oncoming vehicular, pedestrian and bicycle traffic.
5. The artwork will be on permanent display and must meet high standards of durability, structural concerns/performance and be made of long-wearing low or no-maintenance materials that can stand up to Evanston’s weather extremes, humidity and street upkeep, such as the
  
  application of salt or other anti-freezing materials.
6. The artwork should contribute to community safety by highlighting and
  
  illuminating the underpass.
7. It is recommended the artwork be placed on a platform.
Budget
The budget for the commission is $65,000. This figure includes design, insurance, fabrication, delivery and installation of the artwork and all other expenses incurred by the artist. The artist must factor into the budget any increased costs that may occur as a result of construction delays. Any expense the artist may incur in excess of the agreed to amount is the artist’s sole responsibility. The Evanston Arts Council will provide a plaque or appropriate signage for display at the site of the artwork.
Technical Requirements
The City of Evanston has provided for electrical conduit for electricity of the artwork at the site.
The sculpture and base or platform should not exceed 9 feet in height, and its footprint should comfortably fit into the triangular space without

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impeding pedestrian walkways that line up with the corresponding crosswalks.

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

Responses to this Request shall be in one volume. Any firm brochures and/or information pertaining to the qualifications of the firm and/or team may be submitted, but must be included in a single volume. Applicant firms must submit their responses in one of two ways:

1. Electronic response only—submitted in a sealed envelope on a flash/USB drive (with any paper bid bonds as required)

Submittals must be forwarded in sealed envelopes clearly marked on the OUTSIDE with the following:

 RFP name and number
 Name and address of Firm
 Date and time of RFP deadline

ANY PROPOSALS RECEIVED AFTER THE SUBMITTAL DEADLINE, WILL BE RETURNED TO THE PROPOSER UNOPENED. It is the sole responsibility of the proposer to insure that his or her proposal is delivered by the stated time. Mailed proposals, which are delivered after the specified time, will not be accepted regardless of post marked time on the envelope. THE CITY IS NOT RESPONSIBLE FOR MISDIRECTED PACKAGES.

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5.0

6.0

C. AdditionalTeammembers

Clearly identify additional staff or contractors who will assist with the project and provide resumes. The proposal should indicate the abilities, qualifications and experience of these individuals.

D. Budget

Provide a preliminary budget for the project.

E. Contract

The City has attached its artist services agreement in Exhibit J. Sign and return Exhibit J, Artist Services Agreement Acknowledgement to indicate if there are any exceptions to the agreement that would prevent you and/or your firm from executing it. The City shall not consider or negotiate regarding exceptions submitted at any time after the submission of the Response.

ADDITIONAL SUBMISSION REQUIREMENTS

In addition, please provide at least ten (10) high resolution jpeg images of other pieces you have designed and fabricated. You may submit up to three images of the same piece of work. At least two of the images should show two different projects that have been installed on an outdoor site.

Please provide up to three (3) draft sketches or renderings of the project.

M/W/EBE GOALS

The City has a goal of 25% of the contract amount for the participation and utilization of Minority-Owned, Women-Owned, and Evanston-based businesses (M/W/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/EBEs in completing a

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A. Narrative

The narrative will include the following:

 name of artist
 address of artist
 phone number and email of the artist submitting the proposal
 a statement of approach to the project, including a description of the

proposed work, including medium, dimensions, site preparation and a statement of no-to-low maintenance requirements. This statement should also describe how the work will become an integral component of the exchange and how it will work within the large context of a crossroads or gateway between the different neighborhoods of the city described in section 2.0.

Qualifications and Experience of Firm and/or Team

 Artist resumé, including relevant experiences and comparable projects designed / completed 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.

portion of the required services. Provide a copy of the certification for M/W/EBEs that will assist in achieving the M/W/EBE goal with your submittal as well as the appropriate M/W/EBE forms or Request for Waiver
Any questions regarding M/W/EBE compliance should be submitted in writing to Sharon A. Johnson, Business Workforce Compliance Coordinator at [email protected] or Tammi Turner Purchasing Manager at [email protected].

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.

Qualifications and Expertise
Price
Organization and Completeness of Proposal
Willingness to Execute the City of Evanston’s Professional Services

Agreement
M/W/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.

The opportunity is an open, international competition for the selection of permanent exterior work. A panel of distinguished members of the arts community, citizens and City representatives (the Selection Committee) will convene to choose a limited number of proposals for further consideration.

Those selected as finalists by the Selection Committee will be invited to make a presentation to further explain their proposal. At the discretion of the Selection Committee, an honorarium for further development of the proposal may be given.

Responses may be rejected if the firm fails to perform any of the following:

A. Adhere to one or more of the provisions established in this Request for Proposal.

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Demonstrate competence, experience, and the ability to provide the services described in this Request for Proposal.
Submit a response on or before the deadline and complete all required forms.
To fulfill a request for an oral presentation.
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:

RFPissued.....................................................March09,2017
Non- mandatory Pre-Proposal Meeting........ March 20, 2017
Last Day to submit questions ......................... April 13 , 2017
Final Addendum Issued.................................. April 24,2017
RFPSubmissionDueDate............................May16,2017
City Council Award of Contract ...................... June 12, 2017
ContractEffective...........................................June13,2017

10.0 QUESTIONS REGARDING RFP

All questions related to this RFP should be submitted in writing to JacQuera Calvert, Purchasing Specialist at [email protected] with a copy to Jennifer Lasik at [email protected].

11.0 GENERAL TERMS AND CONDITIONS A. Confidentiality

In connection with this Agreement, City may provide Consultant with information to enable Consultant to render the Services hereunder, or Consultant may develop confidential information for City. Consultant agrees (i) to treat, and to obligate Consultant’s employees to treat, as secret and confidential all such information whether or not identified by City as confidential, (ii) not to disclose any such information or make available any reports, recommendations and /or conclusions which Consultant may make for City to any person, firm or corporation or use the same in any manner whatsoever without first obtaining City’s written approval, and (iii) not to disclose to City any information obtained

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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 exemptions 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

The contractor agrees to hold harmless the City of Evanston and all of its agents, servants, and employees against any and all lawsuits, claims, demands, liabilities, losses, and/or expenses; including court costs and attorneys’ fees on account of injury to any person, or any death resulting from such injury, or any

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damage to property which may have arisen from work specifically related to the contract and/or project.

E. Addenda

Any and all changes to these documents are valid only if they are included via written addendum to all respondents. Each respondent should acknowledge receipt of any addenda by indicating same in their proposal submission. Each respondent acknowledging 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 www.demandstar.com, or by contacting the Purchasing Office, 847-866-2935.

F. Term

The contract ends December 31, 2017. 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 f the contract in the event that sufficient funds to complete the contract are not appropriated by The City of Evanston’s 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.

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.
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 subcontractors.

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. Subcontractors

If any firm submitting a proposal intends on subcontracting out all or any portion of the engagement, that fact, and the name of the proposed subcontracting firm(s) must be clearly disclosed in the proposal. Following the award of the contract, no additional subcontracting will be allowed without the prior written consent of the City of Evanston.

O. Contact with City Personnel

All Proposers are prohibited from making any contact with the City Manager, City Council, or any other official or employee of the City with regard to the Project, other than in the manner and to the person(s) designated herein. The Purchasing Specialist reserves the right to disqualify any Proposer found to have contacted City Personnel in any manner with regard to the Project. Additionally, if it is determined that the contact with City Personnel was in violation of any provision of 720 ILCS 5/33EE, the matter may be referred to the Cook County State’s Attorney for review and prosecution.

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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.

Task 1 –

Task 2 –

Task 3 –

Task 4 –

Task 5 –

Subtotal

Concept and Design

Fabrication

Transportation and Installation

Final Adjustments and Exhibition

Proposed Maintenance

$ $ $ $ $

$ $ $

Task

Cost

INSERT PRICE/COSTS FORMS

Consultant / Subconsultant

Reimbursable Expenses

Grand Total

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Exhibit A

DISCLOSURE OF OWNERSHIP INTERESTS

The City of Evanston Code Section 1-18-1 et seq. requires all persons (APPLICANT) seeking to do business with the City to provide the following information with their proposal. Every question must be answered. If the question is not applicable, answer with "NA".

APPLICANT NAME: APPLICANT ADDRESS: TELEPHONE NUMBER: FAX NUMBER:

______________________________________ ______________________________________ ______________________________________ ______________________________________

APPLICANT is (Check One)

() Corporation
() Partnership
() SoleOwner
() Association
Other ( ) ________________________________________________________ Please answer the following questions on a separate attached sheet if necessary.

SECTION I - CORPORATION

1a. Names and addresses of all Officers and Directors of Corporation. _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

1b. (Answer only if corporation has 33 or more shareholders.)
Names and addresses of all those shareholders owning shares equal to or in excess of 3% of the proportionate ownership interest and the percentage of shareholder interest. (Note: Corporations which submit S.E.C. form 10K may substitute that statement for the material required herein.)

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1c. (Answer only if corporation has fewer than 33 shareholders.)
Names and addresses of all shareholders and percentage of interest of each herein. (Note: Corporations which submit S.E.C. form 10K may substitute that statement for the material requested herein.)

SECTION 2 - PARTNERSHIP/ASSOCIATION/JOINT VENTURE

2a. The name, address, and percentage of interest of each partner whose interests therein, whether limited or general, is equal to or in excess of 3%.

______________________________________________________________________

2b. Associations: The name and address of all officers, directors, and other members with 3% or greater interest.

SECTION 3 - TRUSTS

3a. Trust number and institution. ______________________________________________________________________
3b. Name and address of trustee or estate administrator. ______________________________________________________________________ ______________________________________________________________________
3c. Trust or estate beneficiaries: Name, address, and percentage of interest in total entity. ______________________________________________________________________ ______________________________________________________________________

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SECTION 4 - ALL APPLICANTS - ADDITIONAL DISCLOSURE

4a. Specify which, if any, interests disclosed in Section 1, 2, or 3 are being held by an agent or nominee, and give the name and address of principal.

4b. If any interest named in Section 1,2, or 3 is being held by a "holding" corporation or other "holding" entity not an individual, state the names and addresses of all parties holding more than a 3% interest in that "holding" corporation or entity as 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.
______________________ ______________________________________

Date

ATTEST:

Signature of Person Preparing Statement

______________________________________ Title

____________________________ Notary Public

Commission Expires: _____________________ Revised 10-14

(Notary Seal)

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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: _____________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________

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 ______________, 2015.

Notary Public

Failure to complete and return this form may be considered sufficient reason for rejection of the bid / proposal.

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Exhibit D ACKNOWLEDGEMENT OF UNDERSTANDING

THE SECTION BELOW MUST BE COMPLETED IN FULL AND SIGNED

The undersigned hereby certifies that they have read and understand the contents of this solicitation and attached service agreements, and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, 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 Name:

Title: Email:

Company Name:

Date:

Telephone Number:

Fax Number:

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Exhibit E
ANTI-COLLUSION AFFIDAVIT AND PROPOSER’S CERTIFICATION

______________________________________, being first duly sworn, deposes and says that he is ________________________________________

(Partner, Officer, Owner, Etc.) ________________________________

(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 _____________________, 2015

__________________________________________ Notary Public

Commission Expires: ________________________

Failure to complete and return this form may be considered sufficient reason for rejection of the bid.

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EXHIBIT F

CITY OF EVANSTON M/W/EBE POLICY

A City of Evanston goal is to provide contracting and subcontracting opportunities to Minority Business Enterprises, Women Business Enterprises, and Evanston Business Enterprises. The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/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/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 to request a waiver from participation. It is advised that bidders place advertisements requesting subcontractors 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/. 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/EBE goal, the Bidder must seek a waiver or modification of the goal on the attached forms. Bidder must include:

A narrative describing the Bidder’s efforts to secure M/W/EBE participation prior to the bid opening.
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)
A letter attesting to instances where the bidder has not received inquiries/proposals from qualified M/W/EBEs
Names of owners, addresses, telephone numbers, date and time and method of contact of qualified M/W/EBE who submitted a proposal but were not found acceptable.
Names of owners, addresses, telephone numbers, date and time of contact of at least 15 qualified M/W/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 Subcontractor listed to meet the M/W/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/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/.

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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 Subcontractor or General Contractor on the project referenced above.

This firm is a (check only one):

______ Minority Business Enterprise (MBE), a firm that is at least 51% managed and controlled by a minority, certified by a certifying agency within Illinois.

______ Women’s Business Enterprise (WBE), a firm that is at least 51% managed and controlled by a woman, certified by a certifying agency within Illinois.

______ 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. PropercertificationdocumentationifapplyingasaM/WBEandchecktheappropriate box below. This M/WBE will be applying with documentation from:

 Cook County
 City of Chicago
 State certification  Federal certification

2. Attach business license if applying as an EBE Revised 10-14

Exhibit H
M/W/EBE PARTICIPATION WAIVER REQUEST

, and I have authority to do

(Name)
hereby certify that this firm seeks to waive all or part of this M/W/EBE partcipation goal

for the following reason(s):

(CHECK ALL THAT APPLY. SPECIFIC SUPPORTING DOCUMENTATION MUST BE ATTACHED.)

I am of (Title)

(Name of Firm) execute this certification on behalf of the firm. I

______
______

______

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 subcontracting opportunities exist.

Please provide a written explanation of why subcontracting 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:

Date:

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(Signature)

EXHIBIT I
Construction Contractors' 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: 847/5259693 Perry Nakachii, President
Black Contractors United (BCU) 400 W. 76th Street Chicago, IL 60620 Phone: 773/483-4000 Fax: 773/483-4150 Email: [email protected]
Chicago Minority Business Development Council 105 West Adams Street Chicago, Illinois 60603 Phone: 312-755-8880 Fax: 312-755-8890 Email: [email protected] Shelia Hill, President
Federation of Women Contractors 5650 S. Archer Avenue Chicago, Illinois 60638 Phone: 312/360-1122 Fax: 312/360-0239 Email: [email protected] 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: [email protected]
Women’s Business Development Center 8 S. Michigan Ave, Suite 400 Chicago, Illinois 60603 Phone: 312-853-3477 Fax: 312-853-0145 Email: [email protected] Carol Dougal, Director

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Exhibit J

ARTIST SERVICES AGREEMENT ACKNOWLEDGEMENT

The City has attached its standard artist services agreement as Exhibit I to this RFQ. Identify all exceptions to the agreement that would prevent you and/or your firm from executing it. The City shall not consider or negotiate regarding exceptions submitted at any time after the submission of the Respondent’s response. Please check one of the following statements:

____I have read the artist services agreement and plan on executing the agreement without any exceptions.

____I and/or my firm cannot execute the City’s standard artist 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 you and/or your firm being selected to perform this work.

List exceptions in the area below:

_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________

Authorized Signature:

Typed/Printed Name and Title:

Company Name:

Date:

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Exhibit J

CITY OF EVANSTON

ARTIST SERVICES AGREEMENT

AGREEMENT BETWEEN THE CITY OF EVANSTON AND __________________ FOR THE FOUNTAIN SQUARE PUBLIC ART PROJECT

THIS AGREEMENT is entered into this _____ day of _______________, 20__ by and between the City of Evanston (hereinafter, “City”), an Illinois municipal corporation, 2100 Ridge Avenue, Evanston, Illinois, and
(hereinafter, “Artist”), an individual, ___________________________ (address); and

RECITALS

WHEREAS, the City has implemented a public art program pursuant to Ordinance 151-O-14 by providing a mechanism for funding the acquisition of works of art in public places; and

WHEREAS, Fountain Square is an appropriate place for exhibition of _______________________________; and

WHEREAS, the Artist was selected by the City Council upon recommendations from the Arts Council and the Public Art Committee to design, execute, fabricate, and install a ____________________ (the “Work”) as specified in Attachment A to this document, on the _______________ of the ______________________________; and

NOW, THEREFORE, the City and the Artist, in consideration of the mutual covenants set forth below, hereby agree as follows; having first found the foregoing recitals as fact:

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AGREEMENT ARTICLE 1. DESCRIPTION OF WORK:

1.1 The Artist shall design, fabricate and install a work of art at Fountain Square in consultation with the City’s consultant team, Evanston Arts Council and City staff. A full description of the agreed upon design shall be amended to this agreement upon completion and acceptance of the concept design.
1.2 The Work is commissioned for placement on/in Fountain Square. Artist understands and agrees that as owner of the Work and the copyright, the City is not required to display the Work nor is the City required to display the Work on/in Fountain Square.

ARTICLE 2. STRUCTURAL ENGINEER’S REPORT (“ENGINEER’S REPORT”) CONDITION PRECEDENT:

At the Artist’s sole cost, Artist will present a report acceptable to the City from a licensed structural engineer evidencing that the Work can be safely attached and safely supported during all weather conditions, if applicable, on/in Fountain Square. The Artist is also responsible, at the Artist’s sole cost, for producing the drawings and specifications of structural details as needed for obtaining required permits for completing the installation. The City’s acceptance of the structural report is a condition precedent to execution of this Agreement. Artist understands that his/her expenditures for the structured report will not be reimbursed by the City.

ARTICLE 3. SCOPE OF WORK:

3.1 Scope of Services. The Artist shall perform all services and furnish supplies, material, and equipment as necessary for the design, execution, fabrication, transportation, and installation of the Work at the Site, all as described in this Agreement and the Exhibits hereto, collectively, “the Agreement.”
3.2 Artist’s Abilities. The Artist represents and warrants that Artist has the ability, skill, and capability to complete the obligations he/she hereby undertakes and to do so in accordance with the schedule agreed upon and made a part hereof.
3.3 Meetings.
1. (a) The Artist will attend meetings (after signing of this Agreement) at the City’s request with City Officials, Arts Council Members, Staff, community members, and others regarding the Work. The City will attempt to give Artist ten (10) days advance notice of said meetings. Expenses incurred by the Artist for these meetings will not be reimbursable from any City source.
2. (b) The City shall have the right to make at mutually agreeable times on-site visits to inspect the Work at intervals it deems appropriate.

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3.4 Execution of Work. The Artist’s schedule for completion of fabrication and installation of the Work with associated payments is set forth in Exhibit 1, attached hereto and made a part hereof. After written approval of the Schedule by the City, the Artist shall fabricate, transport, and cause and supervise installation of the Work in accordance with such Schedule, except as it may be amended and mutually agreed to from time to time by the Artist and the City.
3.5 Delivery and Installation. The Artist shall notify the City twenty (20) business days in advance in writing when fabrication of the Work and any other services to be performed prior to shipping are completed. The Work shall not be shipped without the City having first made an on-site inspection within ten (10) business days after receiving this written notification from the Artist to determine whether the Work is in compliance with the specifications set forth in Exhibit 2. No shipment shall be made until after the City notifies the Artist in writing that the Work conforms to all specifications applicable to date, i.e., prior to shipment and installation. In the absence of such approval, the City shall state the deficiencies in writing and Artist shall promptly correct same. The completed Work shall be delivered and installed in accordance with the Schedule (set forth in Exhibit 2), without interference of the operation of Fountain Square or the businesses adjacent to the site. The City shall be responsible for all expenses, labor, and equipment to prepare the Site for timely installation of the Work. The Artist will supervise installation of the Work and will be on-site during substantially all installation times. Artist will, upon the City’s written request therefore, promptly provide the City with all documentation and information the City determines appropriate for installation of the Work. Artist is solely responsible for correcting at Artist’s cost any damage to the Work which occurs between shipping and the completion of installation. The City will waive, or, at its sole cost, obtain, all required permits.
3.6 Final Acceptance.
1. (a) “Final Acceptance” is the phase of this Agreement which occurs after installation of this Work and receipt by City of all documents Artist is required to provide and performance of all obligations by Artist. City’s approval given as a condition precedent to shipping of the Work does not obligate City to give final acceptance. After final acceptance, City shall pay Artist the final installment.
2. (b) The City shall give written notice to the Artist within five (5) business days of discovery thereof of any and all Artist’s failure(s) to perform under this Agreement which prevent City’s final acceptance of the Work.
3. (c) The City’s final acceptance of the Work, if given, shall be made in writing to the Artist within ten (10) business days of its decision. Submission to the City of lien waivers from Artist’s subcontractors is a prerequisite to City’s final acceptance of the Work.
3.7 Risk of Loss. The risk of loss or damage to the Work shall be borne by the Artist until final acceptance by the City, and the Artist shall take such measures as are necessary to protect the Work from loss or damage until final acceptance. Such

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measures shall include, but not be limited to, providing and maintaining insurance as provided for, infra.

3.8 Title. Title to the Work shall pass to the City upon final acceptance by the City and full payment to the Artist. In the event of termination of this Agreement by the City for material breach of its terms by the Artist, the Artist shall retain all rights of ownership of the Work and copyright and shall have sole right to complete, exhibit, and sell the Work, provided that he shall first have made full refund to the City of any monies paid to Artist for and in connection with the Work, full refund of all expenditures of any kind made by the City in enforcing this Agreement, preparing the Site, and full refund of any and all shipping, storage, and insurance costs and expenses the City may have incurred in connection with this Agreement or the Work, including payment of all costs and expenses of the City’s removal of the Work from the afore described Site and restoration.
3.9 Material Breach. Shall include, but not be limited to, the Artist’s failure to fully perform by the agreed upon time or any extensions thereof or failure to maintain directly or indirectly through the date of the City’s final acceptance of the Work all insurance required hereby and to provide satisfactory evidence of same to the City within one (1) business day of the City’s written request to do so. The City may, but is not required to, provide Artist an opportunity to cure any failure to observe the insurance requirements of this Agreement. Except as provided above for insurance requirements, prior to declaring the Artist in default of the terms of this Agreement, the City shall give Artist written notice of any breach and an opportunity to cure said breach. The period allowed for cure shall be no greater than fifteen (15) calendar days. The City, in its sole option, may grant the Artist additional time to cure.
3.10 Ownership of Documents, Models. Upon final acceptance, all preparatory drawings, studies, designs, maquettes, and models prepared and submitted under this Agreement shall become the property of the City, except as may otherwise be agreed to by the Artist and the City.
3.11 Alteration of the Work or of the Site. The City has the unconditional right (1) to remove the Work from public display, (2) to move the Work to another location, (3) to sell, donate, trade, or exercise any and all other ownership rights over the Work, including but not limited to the right to not maintain or repair the work or (4) to destroy the Work. If the City shall at any time decide to destroy the Work, it shall by notice to the Artist offer the Artist a reasonable opportunity to recover the work at no cost to the Artist, except for an obligation of the Artist to indemnify and reimburse the City for the amount by which the cost to the City of such recovery exceeds the costs to the City of the proposed destruction as determined solely by the City.

(a) The Artist understands and agrees that, as to his or her rights in the Work, the provisions of this Agreement shall supersede the provisions of the Visual Artists Rights Act of 1990 (“VARA”), 17 U.S.C. §101 et. seq., as amended, including but not limited to §106A(a) and §113, as to the Work, and that execution of this Agreement by the Artist shall constitute a waiver by the Artist, as permitted in 17 U.S.C. §106A(e), as amended, of any and all rights or protections in the Work, and any uses of the Work whatsoever, set out in or

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otherwise granted by 17 U.S.C. §101, et seq., as amended, including but not limited to §106A(a) or §113, or otherwise in the nature of "Droit Moral" under which artists claim an interest in their work..

(b) Artist understands and agrees that installation, maintenance, and removal of the Work may subject it to destruction, distortion, mutilation, or other modification. The Artist hereby, pursuant to VARA 17 USC 106A(e) as it may be amended, waives any and all rights conferred or which may have been conferred by VARA upon the Artist and/or the Work.
(c) The City agrees that it will not intentionally alter, modify or change the Work, except as may be incidental to installation, maintenance, and removal of the work. If the City fails to observe this Subparagraph 3.12. (d), the Artist’s sole remedy will be to dissociate his name from the Work, and the City agrees that it will no longer use the Artist’s name or the name of the Work in connection therewith. If a plaque is installed identifying the Artist and the Work, as provided in Article 10.1, it shall be removed at the Artist’s option.

3.12 Post/Shipping and Transit. The Artist shall be responsible for the payment of all mailing or shipping charges for submissions to the City, the costs of transporting the Work to the site and insuring it, as provided for in this Agreement, until installation is completed and final acceptance has been given by the City, the costs of removal of the work from the site if the City refuses final acceptance, and the costs of all travel by the Artist and the Artist’s agents and employees necessary for the proper performance of the services required under this Agreement.

ARTICLE 4. PRICE AND PAYMENT SCHEDULE:

As payment for the services of the Artist and the work, subject to the conditions set forth herein, the City shall pay the Artist the not to exceed total sum of $45,000.00 as follows:

4.1 $___________ Ten percent (10%) upon contract execution which shall address development of the concept design including all consulting, design coordination, public engagement, design review and project approval.
4.2 $___________ Fifteen percent (15%) upon initiation of artwork fabrication, as evidenced by a sworn written statement from the Artist, in form and content satisfactory to the City.
4.3 $___________ Twenty-five percent (25%) upon 50 percent of completion of artwork fabrication, as evidenced by a sworn written statement from the Artist, in form and content satisfactory to the City.
4.4 $____________ Forty percent (40%) upon final installation of the work and acceptance by the City.
4.5 $____________ Ten percent (10%) upon receipt of all close out documents including but not limited to: transfer of title to the city, submission of reports, description of work, artist’s statement, final guarantee, release of rights, maintenance requirements,

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maintenance agreements, formal City Council acceptance of the work and all other acts and documents required of the Artist by this written Agreement.

4.4 All payments to Artist will be mailed to Artist within thirty (30) days of receipt of invoices from Artist for above referenced amounts, pending City Council approval of said payment at a regularly scheduled meeting. A schedule of these meetings is attached as Exhibit 3 and payment request due dates are listed and attached as Exhibit 1.

ARTICLE 5. SALES TAX:

The City’s Illinois sales tax exempt number is E 9998-1750-07. The sale to the City is exempt from Illinois state tax. Any other taxes which may be imposed on the Work, or which Artist may be subject to as a result of the granting of this Agreement, are the sole responsibility of Artist.

ARTICLE 6. TIME OF PERFORMANCE:

6.1 Duration. The services required of the Artist as set forth in this Agreement shall be completed in accordance with the completion schedule of the Work as proposed by the Artist and approved by the City in Exhibit 2, provided that such time limits may be extended or otherwise modified by mutual written agreement between the Artist and the City. Notwithstanding provision of this mechanism for extension or other modification, the City is under no obligation to agree to extension or other modification, except as provided for in Subparagraph 11.3 as it relates to incapacity of the Artist. TIME IS OF THE ESSENCE OF THIS AGREEMENT. If Artist fails to fully perform all of his obligations under this Agreement by the agreed upon date of completion or any extensions thereof, Artist will, upon the City’s written demand therefore, promptly refund all monies paid hereunder. Artist will not be entitled to keep any monies whatsoever for work performed or expenditures made.
6.2 Early Completion of Artist Services. The Artist shall bear any transportation, storage, and other costs resulting from the completion of his services hereunder prior to the time provided in the schedule for installation.

ARTICLE 7. WARRANTIES:

7.1

7.2

Warranties of Title. The Artist represents and warrants that: (a) prior to final acceptance by the City, the Artist will have obtained federal copyright protection for the Work; (b) the Work is solely the result of the artistic effort of the Artist; (c) the Work is unique and original and does not infringe upon any copyright or trademark; (d) that the Work, or a duplicate thereof, has not been accepted for sale elsewhere; and (e) prior to final acceptance by the City, the Work will be free and clear of any liens from any source whatsoever.

Warranties of Quality and Condition.

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(a) The Artist represents and warrants, that: the physical quality of the Work, as fabricated and installed, will be as described and depicted in the design accepted by the City, commensurate with the Artist’s reputation and be substantially of the same physical quality of other public sculpture designed and produced by the Artist, the Artist not making any warranty as to the artistic merit of the design; and
(b) The Artist represents and warrants that:
1. 1) the execution and fabrication of the Work will be performed in a workmanlike manner;
2. 2) the Work, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of “inherent vice” or qualities which cause or accelerate deterioration of the Work; and
3. 3) reasonable maintenance of the Work will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist to the City hereunder.
(c) The Artist shall, at the request of the City, and at no cost to the City, cure reasonably and promptly the breach of any such warranty which is curable by the Artist or by his enforcement of any warranties of his vendors and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Work).
(d) Upon request of the City, Artist will assign to the City Artist’s vendors’ warranties for products used in the Work. A copy of the warranty(s) is attached hereto as Exhibit 4, and made a part hereof. The Work will be fabricated in accordance with manufacturer’(s) recommendations. If the manufacturer(s) fail to honor the warranty by reason of its assignment, City may make a warranty claim against Artist and Artist must pursue a warranty claim against manufacturer as though the assignment had not occurred. Artist grants to the City a lien on any warranty proceeds he receives from the manufacturer(s).
(e) Artist will be solely responsible for all costs incurred by the City or Artist enforcing the warranty. If requested by the City as a condition to final payment, Artist will provide City with his written assignment and the receipts from the purchase of warranted products.
(f) The warranties described in this Article 7 shall survive the completion of this Agreement for a period of ten (10) years. If a breach of a warranty under Article 7 is not reasonably and promptly curable by the Artist, the Artist is responsible for reimbursing the City for damages, expenses and loss incurred by the City as a result of a breach of or inaccuracy in a warranty or representation. The City shall give notice to the Artist of any observed breach with reasonable promptness.

ARTICLE 8. INSURANCE AND INDEMINTY:

8.1 Artist’s Property Insurance. The Artist shall maintain all-risk property insurance including the risk of earth movement on the Work for its full value, and understands and agrees that said insurance, and not the City, shall be the source of compensation in the event of damage to the Work from any cause prior to final acceptance by the City of the Work.
8.2 Other Insurance. Artist shall, at the City’s request, provide other insurance in types and limits deemed appropriate to the project by the City and including, but not limited to unemployment compensation, workers compensation, and valuable papers insurance.
8.3 Policy Limits.

Artist 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 Artist, and insuring Artist against claims which may arise out of or result from Artist’s performance or failure to perform the Scope of Services as set forth in Article 3: Scope of Work.

The firm and/or individuals 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 of Evanston 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.
  
  Artist’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.
8.4 Commencement of Work/Notice of Cancellation of Insurance. The Artist shall not commence work herein until Artist has obtained the required insurance and has received written approval of such insurance by the City’s Corporation Counsel. Artist shall not allow any subcontractor to commence work without said subcontractor(s)

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first complying with this Article 8 in its entirety. The Artist shall furnish a certified copy of the policy(s) to the City. The policy(s) shall provide, that in the event the insurance should be changed or cancelled, such change or cancellation shall not be effective until forty-five (45) days after the City has received written notice from the insurance company(s). Such notice shall be mailed to the City in care of the Corporation Counsel, Law Department, 2100 Ridge Avenue, Evanston, Illinois 60201. An insurance company having less than an A- Policyholders Rating by the Alfred M. Best and Company, Inc. will not be considered acceptable.

8.5 Indemnity. The Artist shall insure the following indemnity agreement:

Artist shall indemnify, keep and save harmless the City, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent, trademark, and copyright claims, suits, liabilities, judgments, costs, and expenses, except those attributable to the negligence of the City, its officers and employees, which may in anywise accrue against the City in consequence of the granting of this Agreement or which may in anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of Artist, or Artist employees, of a subcontractor or its employees, if any, and Artist shall, at Artist own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the City in any such action, Artist shall at Artist own expense, satisfy, and discharge the same. Artist expressly understands and agrees that any performance bond or insurance protection required by this Agreement, or otherwise provided by Artist, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City as herein provided. The insurance policy shall contain this language: “In the event of a conflict between this language and the language of any other insurance policy, this Indemnity Language shall control.”

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ARTICLE 9. COPYRIGHT AND REPRODUCTION RIGHTS:

9.1. General. The Artist shall retain interest in the Work including all copyrights, but expressly excluding any rights in the Work under the Visual Artists Rights Act of 1990 (“VARA”), 17 U.S.C. §101 et. seq., as amended, including but not limited to §106A(a) and §113, or otherwise in the nature of "Droit Moral" under which artists claim a continuing interest in their products and in the maintenance or modification of their products; and (ii) all rights expressly granted in this Agreement. The Artist’s waived rights as described above are, insofar as such rights are transferable, assigned to the City. In view of the intention that the Work in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, two or three-dimensional reproductions of the final Work, including but not limited to miniatures or jewelry applications, nor shall the Artist grant permission to others to do so except with the written permission of the City. This restriction shall not apply to the Artist’s use of photographic reproductions of the Work in portfolio or in critical and scholarly writings. The Artist grants to the City and its assigns an irrevocable license to make two-dimensional reproductions of the Work for non-commercial purposes, in the sole discretion of the City and its assigns, including but not limited to reproductions used in advertising brochures, media publicity, and catalogues or other similar publications.

ARTICLE 10. ARTIST’S RIGHTS:

10.1 Identification and Maintenance. The City shall, at its expense, prepare and install at the Site, at street level, a plaque identifying the Artist, the title of the Work, and the year of completion. The Artist may submit suggestions to the City for design and content of the plaque. The City shall maintain the plaque for as long as the Work is displayed.
10.2 Repairs and Restoration. The City shall have the sole right to determine when and if, it will undertake repair, restoration, and/or maintenance of the Work, and if so, the nature and extent of such repair, restoration, and/or maintenance. The Artist shall be reasonably available to consult with the City on maintenance issues and depending on the extent of the artist’s services, may be paid a fee for such services as are agreed to in advance by the City and the Artist and set forth in writing. At the City’s sole option, the Artist may personally supervise repairs and/or restorations, and if so, shall be paid a fee for any such services agreed to in advance by the City and Artist and set forth in writing. Notwithstanding the foregoing, and pursuant to Article 7 of this Agreement, no fee will be paid to the Artist for any services Artist may render in connection with curing a breach of warranty. If the City declines to follow the Artist’s recommendations for repair, restoration, or maintenance, the Artist’s sole remedy will be to dissociate Artist name from the Work, and the City agrees that it will no longer use the Artist’s name or the name of the Work in connection therewith. If a plaque is installed identifying the Artist and the Work, as provided in Article 10.1, it shall be removed or modified at the Artist’s option, with final approval of any modification to rest with the City.
10.3 Artist’s Address. The Artist shall notify the City in writing of change(s) in Artist’s address. The failure to do so, if such failure prevents the City from locating the Artist,

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shall be deemed a waiver by the Artist of the right subsequently to enforce those provisions of this Agreement that require the express approval of the Artist or notice to Artist.

10.4 Additional Rights and Remedies. Nothing contained in this Article 10 shall be construed as a limitation on such other rights and remedies available to the Artist or the City under the law which may now or in the future be applicable.
10.5 Artist as Independent Contractor. The Artist shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the City. The Artist shall not be supervised by any employee or official of the City nor shall the Artist exercise supervision over any employee or official of the City.
10.6 Assignment or Transfer of Interest. The Artist shall not assign or otherwise transfer his/her interest in this Agreement.
10.7 Subcontracting by the Artist. The Artist may subcontract portions of the services to be provided hereunder at the Artist’s expense provided that said subcontractors obtain all insurance required of the Artist under this Agreement and that said subcontracting shall not affect the design, appearance, visual quality, or overall quality of the Work and shall be carried out under the personal supervision of the Artist. Artist shall, as a condition precedent to payment of the final installment pursuant to Article 4, submit a notarized statement to the City listing all persons or entities who provided services and/or products to Artist in connection with this Agreement and shall provide lien waivers from all such persons and entities.
10.8 Notices. All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon delivery, if delivered personally, or on the fifth (5th) day after mailing if sent by registered or certified mail, return receipt requested, first-class postage prepaid, as set forth below. Faxed communications are a convenience to the parties, and not a substitute for personal or mailed delivery.

a. if the City, to: Purchasing Department
City of Evanston, Room 4200

2100 Ridge Avenue Evanston, Illinois 60201 Phone (847) 866-2935

ARTICLE 11. DEATH OR INCAPACITY OF THE ARTIST:

11.1 The Artist or Representative shall promptly notify the City if Artist becomes ill, disabled, injured, or otherwise incapacitated (collectively “incapacitated”) at any time between the execution of this Agreement and the date of the final payment due to the Artist under Article 4.
11.2 If the Artist is incapacitated for fewer than two months, the performance schedules set forth in Exhibit 2 (Article 6.1) shall be modified accordingly.

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11.3 If the Artist is incapacitated for more than three months, or it is reasonably inferable from the facts and circumstances that the Artist will be incapacitated for more than two months, the City in consultation with the Artist, or Artist representative, shall determine whether the Artist can complete and supervise the installation of the Work within four months after Artist becomes incapacitated. Upon written request of the City, the Artist shall provide the City with written statements from Artist’s physician attesting to his/her ability or inability to complete the Work within four months of the date of notification to the City of his incapacitation. If the Artist cannot complete the Work and the installation within four months of date of notification to the City by the Artist of his incapacitation, then the provisions of 11.4 below apply.

11.4. If the Artist dies, and the design of the Work has been completed, this Agreement will be fulfilled at no additional cost, over the amount set forth in Article 4, by _____________________ and the Artist shall receive the appropriate credit for the Work. If the design for the Work has not been completed, the representative of the Artist shall determine whether the Work and installation can be completed. If the Work and installation cannot be completed, Artists estate shall refund any monies paid by City to Artist(s) under this Agreement.

ARTICLE 12. TERMINATION:

If either party to this Agreement shall substantially fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations in this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have fifteen business (15) days after the receipt of the notice to cure default. The non-defaulting party may, but is under no obligation whatsoever to do so, give the defaulting party one (1) additional period in which to cure the default, notice of which shall be provided in writing. If the default is not cured, then, at the option of the non-defaulting party, this Agreement shall terminate. Notwithstanding anything in the foregoing to the contrary, City may terminate this Agreement without prior notice in the event the City reasonably and for good and sufficient cause determines that continuation of the Agreement presents an emergency or threat to life, safety, or welfare. In the event of default by the City, without the fault of the Artist, the City shall compensate the Artist for all services performed and reasonable costs incurred under this Agreement by the Artist prior to termination, subject to offset of any monies which Artist may owe City. In the event of default by the Artist, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the Artist under this Agreement shall, at the City’s option, become its property, the right to fabricate or execute the Work shall pass to the City, and the Artist shall assign the copyright, if obtained at the time of default, to the City. If the copyright has not been obtained at the time of default, Artist shall waive any such rights Artist may have had in the Work and shall release, indemnify and hold the City harmless from any claims of copyright infringement. Notwithstanding the previous sentence, the Artist shall not be relieved of liability to the City for actual damages sustained by the City by virtue of any breach of this Agreement by the Artist, and the City may withhold payments due to the Artist but not yet paid to the Artist until such time as the exact amount of such damages due the City from the Artist is determined. Artist will promptly, upon demand, return any funds advanced to him by City but not earned.

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ARTICLE 13. MISCELLANEOUS:

13.1 Applicable Law. The law of Illinois, including its conflicts of law provisions, shall apply to interpretation and enforcement of this Agreement. Venue shall be within Cook County, Illinois. The parties waive trial by jury.
13.2 Litigation. In the event of litigation or claim(s) against the City arising out of this Agreement by anyone other than the Artist, the Artist shall cooperate fully with the City, and the Artist shall provide five (5) days of his time to the City at no charge. Thereafter, the City will compensate Artist at a mutually agreeable rate, not to exceed ____ per diem.
13.3 Severability. In the event any provision(s) of this Agreement are found by a court of competent jurisdiction to be in violation of applicable law, provision(s) unaffected thereby shall be in effect.
13.4 Entire Agreement. This document represents the entire Agreement between the City and Artist. Any and all prior agreements, undertakings written and oral, are hereby superseded.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above.

ARTIST:

By: ________________________ Its: ________________________ FEIN Number: _______________ Date: _______________________

CITY OF EVANSTON 2100 RIDGE AVENUE EVANSTON, IL 60201

By:________________________ Its: City Manager
Date: _____________________

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CONTRACT EXHIBIT 1

PAYMENT SCHEDULE

[To Be Incorporated Into Agreement Prior to Execution]

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CONTRACT EXHIBIT 2

SPECIFICATIONS AND INSTALLATION SCHEDULE

[To Be Incorporated Into Agreement Prior to Execution]

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CONTRACT EXHIBIT 3

MEETING SCHEDULE

[To Be Incorporated Into Agreement Prior to Execution]

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CONTRACT EXHIBIT 4
LIST OF VENDOR WARRANTIES
[To Be Incorporated Into Agreement Prior to Execution]

EXHIBIT K

RESPONSE SUBMITTAL LABEL

CUT AND ATTACH LABEL ON OUTSIDE OF SEALED RESPONSE SUBMITTAL

--------------------------------------------------------------------------------------------------------------------------- -------

ADDRESS SUBMITALS:

SUBMITTAL NUMBER: SUBMITTAL NAME:

SUBMITTAL DUE DATE/TIME: COMPANY NAME:
COMPANY ADDRESS: COMPANY TELEPHONE #:

CITY OF EVANSTON - PURCHASING OFFICE, ROOM 4200 LORRAINE H. MORTON CIVIC CENTER
2100 RIDGE AVENUE - EVANSTON, ILLINOIS 60201

__________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________

-------------------------------------------------------------------------------------------------------------------- -----------------

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Request for Proposal 17-01

Public Art Light Sculpture for the Green Bay/Emerson/Ridge Exchange ADDENDUM No. 1

April 24, 2017

Any and all changes to the Request for Proposal are valid only if they are included by written addendum to all potential respondents, which will be emailed prior to the proposal due date. Each respondent must acknowledge receipt of any addenda by indicating in its proposal. Each respondent, by acknowledging receipt of addenda, is responsible for the contents of the addenda and any changes to the bid therein. Failure to acknowledge receipt of addenda may cause the proposal to be rejected. If any language or figures contained in this addendum are in conflict with the original document, this addendum shall prevail.

This addendum consists of the following:

1. Addendum No. 1 is attached and consists of a total of three (3) pages including this cover sheet.

Please contact me at 847-866-2971 or [email protected] with any further questions or comments.

Sincerely,

Linda Thomas Purchasing Specialist

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RFP No. 17-01

Public Art Light Sculpture at Green Bay/Ridge/Emerson

Addendum No. 1 April 24, 2017

This addendum forms a part of the RFP Documents for RFP #17-01 and modifies these documents. This addendum consists of the following:

Clarification:

1. We will no longer put a cap on the budget for this project. The Evanston Arts Council wishes to consider all and any proposals. The budget will be weighed in relation to the quality of the proposed artwork and its relevance to our unique community.

Attachment:

2. Weareattachingdocumentationshowingthesizeoftheunderpasswherethesculpturewillbe installed.

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