HomeMy WebLinkAboutHerrera Landscape Snow Removal - 2024 Business District Landscaping (RFP #24-02) 4.1.24-11.30.24 $74,649 Memorandum
To: Honorable Mayor and Members of the City Council
From: Katheryn Boden, Economic Development Coordinator
CC: Paul Zalmezak, Economic Development Manager
Subject: Approval of a Contract with Herrera Landscape & Snow Removal
(8836 Lincolnwood Dr., Evanston, IL 60203) for the 2024 Great
Merchant Grants Program and Business District Landscaping (RFP 24-
02)
Date: April 29, 2024
Recommended Action:
Staff and the Economic Development Committee recommend the City Council authorize the
City Manager to execute a contract with Herrera Landscape & Snow Removal (8836
Lincolnwood Dr., Evanston, IL 60203) in the amount of $74,679 to deliver landscaping
services to the business districts.
Funding Source:
Funding in the amount of $27,361 will be from the Great Merchant Grant account,
100.15.5300.62656, which has a budget allocation of $77,500, of which $69,000 is remaining,
and $47,318 will be from four different TIF funds. A detailed funding table is provided in the
memo.
CARP:
Zero Waste
Council Action:
For Action
Summary:
Staff issued RFP 24-02 on February 8, 2024, seeking landscaping services for Evanston
business districts. Staff distributed the RFP through the City's procurement process and
distributed the RFP to Evanston registered landscape contractors. Herrera Landscaping &
Snow Removal was the only firm to submit a proposal totaling $74,679. Their proposal and
pricing are attached. The table below summarizes the requests by each business district:
Doc ID: 915c49d1eaad43c60e0b6236f0c141f9a8129327
Business District Landscaping - Herrera Landscaping Contract
Business District Activity Grant / Fund Amount
Howard Street 4 Seasonal rotations and
maintenance for 21 planters
TIF $11,158
Howard Street Commercial Corridor
Streetscape
TIF $5,070
West Village
Business
Association
4 Seasonal rotations and
maintenance for 13 planters
Great Merchants $7,751
West Village
Business
Association
Wildlife Habitat Garden Great Merchants $500
West End Business
Association
4 Seasonal rotations and
maintenance for 13 planters
Great Merchants $7,280
Ashland Arts
Business
Association
4 Seasonal rotations and
maintenance for 12 planters
TIF $6,720
Church & Dodge
Business
Association
4 Seasonal rotations and
maintenance for 14 planters
TIF $5,600
Maple/Foster
Business District
4 Seasonal rotations and
maintenance for 15 planters
Great Merchants $7,350
Noyes Business
District
4 Seasonal rotations and
maintenance for 14 planters
Great Merchants $4,480
Main-Dempster Mile Commercial corridor
streetscape for Main Street,
Chicago Avenue, and
Sherman Avenue
TIF $14,270
Main-Dempster Mile Native plantings along both
sides of the Metra ramp on
Main Street
TIF $4,500
Total $74,679
DETAILED FUNDING INFORMATION
District Funding Source G/L Total
Noyes, Maple/Foster,
West End, West Village Great Merchant Grant 100.15.5300.62656 $27,361
Howard Street Howard Ridge TIF 330.99.5860.65515 $16,228
Church & Dodge West Evanston TIF 335.99.5870.62490 $5,600
Ashland Arts Five-Fifths TIF 365.99.5900.62490 $6,720
Main-Dempster Mile Chicago Main TIF 345.99.3400.62490 $18,770
Total $74,679
Background
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Evanston's Great Merchant Grant program is designed to provide small grants, ranging up to
$10,000, to Evanston's small business/merchant associations to pursue projects that address
at least one of three core areas: Enhancement of Physical Environment, Neighborhood
Promotion, and Technical Assistance. Business Districts are eligible to receive up to $10,000,
while affinity groups can receive up to $2,500 in matching funds.
Attachments:
Herrera Proposal / Pricing
24-02 MWDEBE Memo
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CITY OF EVANSTON
REQUEST FOR PROPOSAL
NUMBER: 24-02
For
City of Evanston Business District Planters and Landscaping Maintenance
February 8, 2024
PROPOSAL DEADLINE: 2:00 P.M., March 5, 2024
ELECTRONIC BID SUBMITTAL:
Bid responses will only be accepted electronically
via E-bidding through DemandStar (WWW.DEMANDSTAR.COM)
It is highly recommended that new DemandStar users complete the account setup
process prior to project due date/time.
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TABLE OF CONTENTS
Notice to Proposers ................................................................................................. 03
1.0 Introduction ...................................................................................................... 04
2.0 Scope of Services ........................................................................................... 04
3.0 Insurance ......................................................................................................... 07
4.0 Submittal Requirements (Please see Attachments) ...................................... 08
5.0 Additional Submittal Requirements ................................................................. 09
6.0 M/W/D/EBE Goals .......................................................................................... 09
7.0 Evaluation Criteria ........................................................................................... 09
8.0 Selection Process ............................................................................................ 09
9.0 Proposed Schedule ......................................................................................... 10
10.0 Questions Regarding RFP ............................................................................... 10
11.0 General Terms and Conditions ........................................................................ 10
Price/Costs Form ....................................................................................................... 17
RETURN ALL EXHIBITS WITH RFP
Exhibit A – Disclosure of Ownership Interests ........................................................... 23
Exhibit B – Additional Information Sheet ................................................................... 26
Exhibit C – Conflict of Interest Form .......................................................................... 27
Exhibit D – Acknowledgement of Understanding....................................................... 28
Exhibit E – Anti-Collusion Affidavit and Proposer’s Certification ............................... 29
Exhibit F – City of Evanston M/W/D/EBE Policy ................................................... 30
Exhibit G – M/W/D/EBE Participation Compliance Form...................................... 31
Exhibit G – M/W/D/EBE Utilization Summary Report ........................................... 32
Exhibit H – M/W/D/EBE Participation Waiver Request ......................................... 33
Exhibit I – M/WD//EBE Assistance Organizations ..................................................... 34
Exhibit J – Professional Services Agreement Acknowledgement .............................. 35
Exhibit J - Consultant Certification and Verification Addendum ................................ 36
Exhibit J – Professional Services Agreement ............................................................ 37
ATTACHMENTS
DemandStar- E-bidding Instructions
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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 March 5,
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:
City of Evanston Business District Planters and Landscaping Maintenance
RFP Number: 24-02
The City of Evanston’s Economic Development Division of the City Manager’s Office is
seeking proposals from experienced firms for: changing of seasonal plantings and general
maintenance of specified business district planters, and maintenance of commercial
streetscapes along Howard Street, Main Street, and Chicago Ave.
The above item shall conform to the RFP on file in the Purchasing Office. Parties interested
in submitting a proposal should contact the Purchasing Office to receive a copy of the RFP
or see the City’s website at: www.cityofevanston.org/business/bids-proposals/ or
Demandstar at: www.demandstar.com.
The City (the City of Evanston) in accordance with the laws of the State of Illinois, hereby
notifies all firms that it will affirmatively ensure that the contract(s) entered into pursuant to
this notice will be awarded to the successful fi rm 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 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 from experienced firms for changing seasonal
plantings, general maintenance of planters, landscaping for the West Village
garden located at 1400 Greenleaf St., and maintenance of commercial
streetscapes at Howard St., Main St., Chicago Ave., and Sherman Ave.
The contract term desired is for a period of twelve (12) months with additional one
year option 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
Business District Planters
West End
o Spring, Summer, Fall, and Winter rotations for thirteen (13) 30” diameter
concrete planters
o Watering and fertilization for thirteen (13) planters
West Village
o Spring, Summer, Fall, and Winter rotations for eleven (11) 30” diameter
concrete planters
o Spring, Summer, Fall, and Winter rotations for four (4) 18” diameter
concrete planters
o Watering and fertilization for fifteen (15) planters
o Landscape maintenance for natural wildlife habitat garden located at 1400
Greenleaf
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Howard Street
o Spring, Summer, Fall, and Winter rotations for fourteen (14) 20” diameter
concrete planters
o Spring, Summer, Fall, and Winter rotations for seven (7) 26” diameter
concrete planters
o Watering and fertilization for twenty-one (21) planters
Ashland Arts
o Spring, Summer, Fall, and Winter rotations for twelve (12) 30” diameter
concrete planters
o Watering and fertilization for twelve (12) planters
Central Evanston
o Spring, Summer, Fall, and Winter rotations for ten (10) 30” diameter plastic
planters
o Watering and fertilization for ten (10) planters
Noyes Street
o Spring, Summer, Fall, and Winter rotations for eight (8) 30” diameter plastic
planters
o Watering and fertilization for eight (8) planters
Maple / Foster
o Spring, Summer, Fall, and Winter rotations for fourteen (14) 20” diameter
plastic planters
o Watering and fertilization for fourteen (14) planters
All Districts
o Please include the cost of soil, rocks/pebbles, and all other materials (new
and existing), besides the flowers/greens, as needed
The City does not expect any specific types of flowers included in the proposal.
Respondents should submit creative proposals and are encouraged to use native
plants. Please include a detailed description of flowers being proposed for each
season.
Commercial Streetscapes
This proposal provides for the maintenance, care, and all related activities of all
exterior
landscaped areas as outlined below. The type of maintenance, care and other
activities is defined in the following scope of services and is designed to promote
healthy growth and create the landscape environment specified. Contractor will
complete site visit maintenance sheets for each group of locations for every visit.
These will be submitted with each monthly pay request.
MISCELLANEOUS:
1. A general spring clean-up will be performed in early May each year to remove all
overwintering debris and rake dead areas. A general fall clean-up will be
performed during November/December each year.
2. A two to three-inch (2” – 3”) depth of mulch will be installed in all planting beds in
May of each year. Only twice-ground hardwood mulch will be used, and will be
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furnished by the contractor unless otherwise specified by the City of Evanston.
3. Seasonal watering for all shrubs, perennials, and ground cover is included as
part of this proposal and will be completed based on weather conditions on an as
needed basis up to thirty (30) occurrences per year. Water supply will be the
responsibility of the Contractor. The contractor will be responsible for securing a
water usage permit for access if necessary. Contractor may pay for and obtain
water through the City’s bulk water fill station located at Cleveland and Hartrey.
4. Remove litter and other debris prior to working, including cigarette butts, plastic
bags, and paper from all locations including landscaped beds, tree beds,
sidewalks, and pathways.
5. Only electric powered leaf blowers shall be used. (8-26-5) Gas powered leaf
blowers are prohibited (8-26-4)
GENERAL:
1. All work shall be performed by trained, properly supervise d personnel in
accordance with accepted horticultural practices. Chemicals will only be applied by
personnel licensed by the State of Illinois and with prior approval from project
manager.
2. All materials shall be applied in accordance with manufacturer’s directions.
Where alternate products are available, the environmental impact of the products
shall govern which is used. The City of Evanston will make the final decision in
any event there is a dispute in which product will be used.
3. Adequate personnel and equipment shall be provided to permit the timely
completion of all operations covered under this contract.
4. All landscape and non-landscape debris shall be removed from the site at the
end of each visit at no additional charge.
5. Proof of current State of Illinois Pesticide licenses is required by the contractor
before any work commences each year.
6. The contractor will assume the responsibility for contacting the local utility
location services (JULIE) for underground line locations whenever necessary
during the course of operations covered under this contract.
7. Pesticide use shall comply with the City’s Pest Control and Pesticide Reduction
Policy (Resolution 20-R-10).
8. Progress reports shall be submitted to the Greenways Division on a m onthly
basis throughout the course of this contract from May through December of each
year. A copy of the report for use is attached.
9. All landscape and non-landscape debris shall be removed from the site at the
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end of each visit at no additional charge.
COMMERCIAL STREETSCAPES AT HOWARD ST., MAIN ST., AND CHICAGO
AVE.
LOCATIONS:
1. The north side of Howard Street from Ridge Ave. to western boundary of the
CTA right-of-way, but specifically excluding lights, signs, and fences.
2. The Main Street Streetscape from Hinman Avenue to one block west of
Sherman Avenue, but specifically excluding, lights, signs, and fences. Included
as part of this proposal are streetscape improvements immediately north and
south of Main Street at the intersections of Hinman Avenue, Chicago Avenue,
Custer Avenue, and Sherman Avenue.
3. The six (6) planting beds along the Chicago Ave. streetscape from just north of
Washington St. to just south of Kedzie St. but specifically excluding, lights, signs,
and fences.
Additional Landscaping
1. Landscaping and maintenance for the northeast area along the Metra ramp on
Main Street just west of Chicago Ave. Native plantings and ongoing maintenance
are requested for the area along the northeast Metra ramp on Main Street.
2. Wildflower and Native plantings and maintenance for the area along the
Custer Ave/Main Street Metra ramp.
3.0 INSURANCE
Consultant shall carry and maintain at its own cost with such companies as are
reasonably acceptable to City all necessary liability insurance (which sha ll 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
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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.
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
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Provide a copy of your fees/prices on the attached price/costs form (see page
17).
E. Contract
The City has attached its standard contract in Exhibit J (see page 37–
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
None
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
107.00
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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.
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 ..................................................... February 8, 2024
2. Last Day to submit questions ......................... February 22, 2024
3. Final Addendum Issued.................................. February 29, 2024
4. RFP Submission Due Date ............................ March 5, 2024
5. City Council Award of Contract ...................... March 25, 2024
6. Contract Effective ........................................... Maarch 26, 2024
10.0 QUESTIONS REGARDING RFP
All questions related to this RFP should be submitted in writing to John Gonzalez,
Purchasing Specialist at jgonzalez@cityofevanston.org with a copy to
kboden@cityofevanston.org.
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11.0 GENERAL TERMS AND CONDITIONS
A. Confidentiality
In connection with this Agreement, City may provide Consultant with information
to enable Consultant to render the Services hereunder, or Consultant may
develop confidential information for City. Consultant agrees (i) to treat, and to
obligate Consultant’s employees to treat, as secret and confidential all such
information whether or not identified by City as confidential, (ii) not to disclose
any such information or make available any reports, recommendations and /or
conclusions which Consultant may make for City to any person, firm or
corporation or use the same in any manner whatsoever without first obtaining
City’s written approval, and (iii) not to disclose to City any information obtained
by Consultant on a confidential basis from any third party unless Consultant
shall have first received 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 withi n
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
115.00
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Proposer. This page shall then be attached to these documents and submitted
at the same time as the proposal. Each exception must refer to the page
number and paragraph to which it is relevant. The nature and reasoning of each
exception shall be explained in its entirety. Any exceptions to these
specifications may be cause for rejection of the proposal.
D. Hold Harmless
Consultant shall defend, indemnify and hold harmless the City and its officers,
elected and appointed officials, agents, and employees from any and all liability,
losses, or damages as a result of claims, demands, suits, actions, or
proceedings of any kind or nature, including but not limited to costs, and fees,
including attorney’s fees, judgments or 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 l imits 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-
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consultants’ work. Acceptance of the work by the City will not relieve the
Consultant of the responsibility for subsequent correction of any such error,
omissions and/or negligent acts or of its liability for loss or damage resulting
therefrom. All provisions of this Section shall survive completion, expiration, or
termination of this Agreement.
E. Addenda
Any and all changes to these documents are valid only if they are included via
written addendum to all respondents. Each respondent should acknowledge
receipt of any addenda by indicating same in their proposal submission. Each
respondent acknowledging 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 twelve (12) months. 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
Type text here
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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,
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.
1115.015.00Type text here
Type text here
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Each Proposer, by submitting a response to this RFP, expressly recognizes the
limitations on its rights to protest provided in this Section and expressly waives
all other rights and remedies and agrees that the decision on the protest is final
and conclusive. If a Proposer disregards, disputes or does not follow the
exclusive protest remedies provided in this Section, it shall indemnify and hold
the City and its officers, employees, agents and 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 invest igation, 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
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Purchasing Specialist reserves the right to disqualify any Proposer found to
have contacted City Personnel in any manner with regard to the Project.
Additionally, if it is determined that the contact with City Personnel was in
violation of any provision of 720 ILCS 5/33EE, the matter may be referred to the
Cook County State’s Attorney for review and prosecution.
P. Costs Incurred
The City of Evanston assumes no responsibility or liability for costs incurred by
the Proposer prior to the execution of a contract. This includes costs incurred by
the Proposer as a result of preparing a response to this RFP.
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PRICE/COSTS FORM
District Project Item Qty Product
Description
Unit
Cost
Total
Cost
West End Spring
rotation
30”
planter
13 Planting
container
$ $
West End Summer
rotation
30”
planter
13 Planting
container
$ $
West End Fall rotation 30”
planter
13 Planting
container
$ $
West End Winter
rotation
30”
planter
13 Planting
container
$ $
West End Watering &
fertilization
30”
planter
13 Watering &
fertilization
$ $
West Village Spring
rotation
18”
planter
11 Planting
container
$ $
West Village Spring
rotation
30”
planter
4 Planting
container
$ $
West Village Summer
rotation
18”
planter
11 Planting
container
$ $
115.00
115.00
119.00
121.00
100.00
115.00
100.00
1,495.00
1,495.00
1,547.00
1,573.00
1,100.00
460.00
1,100.00
90.00 1,170.00
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West Village Summer
rotation
30”
planter
4 Planting
container
$ $
West Village Fall rotation 18”
planter
11 Planting
container
$ $
West Village Fall rotation 30”
planter
4 Planting
container
$ $
West Village
Winter
rotation
18”
planter
11
Planting
container
$
$
West Village Winter
rotation
30”
planter
4 Planting
container
$ $
West Village Watering &
fertilization
18” & 30”
planters
15 Watering &
fertilization
$ $
West Village Garden
maintenance
Wildlife
habitat
at
1400
Greenlea
f
1 Garden
maintenance
$ $
Howard
Street
Spring
rotation
20”
planter
14 Planting
container
$ $
Howard
Street
Spring
rotation
26”
planter
7 Planting
container
$ $
115.00
105.00
119.00
106.00
121.00
107.00
111.00
460.00
1,155.00
476.00
1,166.00
484.00
1,498.00
777.00
500.00 500.00
90.00 1,350.00
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Howard
Street
Summer
rotation
20”
planter
14 Planting
container
$ $
Howard
Street
Summer
rotation
26”
planter
7 Planting
container
$ $
Howard
Street
Fall rotation 20”
planter
14 Planting
container
$ $
Howard
Street
Fall rotation 26”
planter
7 Planting
container
$ $
Howard
Street
Winter
rotation
20”
planter
14 Planting
container
$ $
Howard
Street
Winter
rotation
26”
planter
7 Planting
container
$ $
Howard
Street
Watering &
fertilization
20” & 26”
planter
21 Watering &
fertilization
$ $
Hill Arts Spring
rotation
30”
planter
12 Planting
container
$ $
Hill Arts Summer
rotation
30”
planter
12 Planting
container
$ $
Hill Arts Fall rotation 30”
planter
12 Planting
container
$ $
107.00
111.00
110.00
115.00
111.00
117.00
115.00
115.00
119.00
1,498.00
777.00
1,540.00
805.00
1,554.00
819.00
1,380.00
1,380.00
90.00 1,890.00
1,428.00
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Hill Arts Winter
rotation
30”
planter
12 Planting
container
$ $
Hill Arts Watering and
Fertilization
30”
planter
12 Planting
container
$ $
Central
Evanston
Spring
rotation
30”
planter
10 Planting
container
$ $
Central
Evanston
Summer
rotation
30”
planter
10
Planting
container
$ $
Central
Evanston
Fall rotation 30”
planter
10 Planting
container
$ $
Central
Evanston
Winter
rotation
30”
planter
10
Planting
container
$ $
Central
Evanston
Watering &
fertilization
30”
planter
10 Watering &
fertilization
$ $
Maple/
Foster
Spring
rotation
20”
planter
14 Planting
container
$ $
Maple/
Foster
Summer
rotation
20”
planter
14 Planting
container
$ $
115.00
115.00
119.00
121.00
107.00
107.00
121.00 1,452.00
1,150.00
1,150.00
1,190.00
1,210.00
1,498.00
1,498.00
90.00 1,080.00
90.00 900.00
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Maple/
Foster
Fall rotation 20”
planter
14 Planting
container
$
$
Maple/
Foster
Winter
rotation
20”
planter
14 Planting
container
$ $
Maple/
Foster
Watering &
Fertilization
20”
planter
14 Watering &
fertilization
$ $
Noyes Spring
rotation
30”
planter
8 Planting
container
$ $
Noyes Summer
rotation
30”
planter
8 Planting
container
$ $
Noyes Fall rotation 30”
planter
8 Planting
container
$ $
Noyes Winter
rotation
30”
planter
8 Planting
container
$ $
Noyes Watering &
fertilization
30”
planter
8 Watering &
fertilization
$ $
110.00
111.00
115.00
115.00
119.00
121.00
1,540.00
1,554.00
920.00
920.00
952.00
968.00
90.00 1,260.00
90.00 720.00
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Main-
Dempster
Mile
Landscaping
&
maintenance
Plantings
&
maintena
nce
1 Wildflower and
Native plantings
along Custer
Ave/Main Street
Metra ramp
$ $
Main-
Dempster
Mile
Landscaping
&
maintenance
Plantings
&
maintena
nce
1 Native plantings
along northeast
side of Metra
ramp on Main
St.
$ $
Howard
Street
Commercial
Streetscape
Landsca
pe
maintena
nce
1 Landscape
maintenance
$ $
Main Street Commercial
Streetscape
Landsca
pe
maintena
nce
1 Landscape
maintenance
$ $
Chicago
Ave
Commercial
Streetscape
Landsca
pe
maintena
nce
1 Landscape
maintenance
$ $
TOTAL $
3,000.00 3,000.00
1,500.00 1,500.00
5,070.00 5,070.00
7,725.00 7,725.00
6,545.00 6,545.00
74,679.00
Type text here
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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.)
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
HERRERA LANDSCAPE SNOW REMOVAL, INC.
8836 LINCOLNWOOD DR, EVANSTON, IL 60203
(847) 679-5622
JORGE MEDINA 8836 LINCOLNWOOD DR, EVANSTON, IL 60203
ADRIAN MEDINA 5123 N. BERNARD CHICAGO, IL 60625
1.00
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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.
______________________________________________________________________
______________________________________________________________________
JORGE MEDINA - 100%8836 LINCOLNWOOD DR, EVANSTON, IL 60203
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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: _____________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
CITY OF EVANSTON BUSINESS DISTRICT PLANTER AND LANSCAPING MAINTENANCE
24-02
HERRERA LANDSCAPE SNOW REMOVAL, INC.
8836 LINCOLNWOOD DR.
EVANSTON, IL 60203
(847) 679-5622
accounting@herreralandscapes.com
ROGER DIAZ
121.00Type text here
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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:
Company
Name:
Typed/Printed
Name:
Date:
Title:
Telephone
Number:
Email:
Fax
Number:
ROGER DIAZ
BUSINESS MANAGER
ROGER@HERRERALANDSCAPES.COM
HERRERA LANDSCAPE SNOW REMOVAL, INC.
(847) 679-5622
3/4/2024
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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/ (MW DEBE Monthly Utilization
Report).
115.00
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EXHIBIT G
M/W/D/EBE PARTICIPATION COMPLIANCE FORM
I do hereby certify that
_________________________________________________ (Name of firm) intends to
participate as a Subcontractor or General Contractor on the project referenced above.
This firm is a (check only one):
______ Minority Business Enterprise (MBE), a firm that is at least 51% managed and
controlled by a minority, certified by a certifying agency within Illinois.
______ Women’s Business Enterprise (WBE), a firm that is at least 51% managed and
controlled by a woman, certified by a certifying agency within Illinois.
______ Disadvantaged Business Enterprise (DBE), a firm that is at least 51%
managed and controlled by a disadvantaged, certified by a certifying agency
within Illinois.
______ Evanston Based Enterprise (EBE), a firm located in Evanston for a minimum
of one year and which performs a “commercially useful function”.
Total proposed price of response $_____________________
Amount to be performed by a M/W/D/EBE $_____________________
Percentage of work to be performed by a M/W/D/EBE _____________________%
Information on the M/W/D/EBE Utilized:
Name __________________________________________________________
Address ____________________________________________________
Phone Number
Signature of firm attesting to participation ____________________________
Title and Date ____________________________________________________
Type of work to be performed ________________________________________
Please attach:
1. Proper certification documentation if applying as a M/W/DBE and check the
appropriate box below. This M/W /DBE 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
HERRERA LANDSCAPE SNOW REMOVAL, INC.
X
100
HERRERA LANDSCAPE SNOW REMOVAL, INC.
8836 LINCOLNWOOD DR, EVANSTON, IL 60203
(847) 679-5622
BUSINESS MANAGER
FLOWER PLANTING & LANDSCAPING MAINTENANCE
74,679.00
74,679.00 Type text here
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EXHIBIT G
M/W/D/EBE UTILIZATION SUMMARY REPORT
The following Schedule accurately reflects the value of each MBE/WBE/DBE/EBE sub-
agreement, the amounts of money paid to each to date, and this Pay Request. The total
proposed price of response submitted is _____________________.
MBE/WBE/DBE/EBE
FIRM NAME
FIRM TYPE
(MBE/WBE/
DBE/EBE)
SERVICES
PERFORMED
AMOUNT OF
SUB-
CONTRACT
PERCENT OF
TOTAL
CONTRACT
AMOUNT
$
$
$
$
$
$
$
$
$
$
$
$
$
$
TOTAL
$
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Exhibit H
M/W/D/EBE PARTICIPATION WAIVER REQUEST
I am ___ of _____, and I have authority to
(Title) (Name of Firm)
execute this certification on behalf of the firm. I ___________ do
(Name)
hereby certify that this firm seeks to waive all or part of this M/W/D/EBE paritcipation goal
for the following reason(s):
(CHECK ALL THAT APPLY. SPECIFIC SUPPORTING DOCUMENTATION MUST BE
ATTACHED.)
______ 1. No M/W/D/EBEs responded to our invitation to bid.
______ 2. An insufficient number of firms responded to our invitation to bid.
For #1 & 2, please provide a narrative describing the outreach efforts
from your firm and proof of contacting at least 15 qualified
M/W/D/EBEs prior to the bid opening. Also, please attach the
accompanying form with notes regarding contacting the Assist
Agencies.
______ 3. No sub-contracting opportunities exist.
Please provide a written explanation of why sub-contracting is not
feasible.
______ 4. M/W/D/EBE participation is impracticable.
Please provide a written explanation of why M/W/D/EBE participation is
impracticable.
Therefore, we request to waive _____of the 25% utilization goal for a revised goal of _____%.
Signature: Date:
(Signature)
3/
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EXHIBIT I
M/W/D/EBE Assistance Organizations (“Assist Agencies”) Form
AGENCY DATE
CONTACTED
CONTACT
PERSON
RESULT OF
CONVERSATION
Association of Asian Construction
Enterprises (AACE)
5500 Touhy Ave., Unit K
Skokie, IL. 60077
Phone: 847-525-9693
Perry Nakachii, President
Black Contractors United (BCU)
400 W. 76th Street
Chicago, IL 60620
Phone: 773-483-4000;
Fax: 773-483-4150
Email: bcunewera@ameritech.net
Chicago Minority Business
Development Council
105 West Adams Street
Chicago, Illinois 60603
Phone: 312-755-8880;
Fax: 312-755-8890
Email: info@chicagomsdc.org
Shelia Hill, President
Evanston Minority Business
Consortium, Inc.
P.O. Box 5683
Evanston, Illinois 60204
Phone: 847-492-0177
Email: embcinc@aol.com
Federation of Women Contractors
5650 S. Archer Avenue
Chicago, Illinois 60638
Phone: 312-360-1122;
Fax: 312-360-0239
Email: FWCChicago@aol.com
Contact Person: Beth Doria
Maureen Jung, President
Hispanic American Construction
Industry (HACIA)
901 W. Jackson, Suite 205
Chicago, IL 60607
Phone: 312-666-5910;
Fax: 312-666-5692
Email: info@haciaworks.org
Women’s Business Development Ctr.
8 S. Michigan Ave, Suite 400
Chicago, Illinois 60603
Phone: 312-853-3477 X220;
Fax: 312-853-0145
Email: wbdc@wbdc.org
Carol Dougal, Director
PLEASE NOTE: Use of M/W/D/EBE Assistance Organizations (“Assist Agencies”) Form
and agencies are for use as a resource only. The agencies and or vendors listed are not referrals or
recommendations by the City of Evanston.
121.00
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Exhibit J
Professional Services Agreement Acknowledgement Page
The City has attached its standard professional services agreement as an exhibit to this
RFP. Identify all exceptions to the agreement that would prevent your firm from executing it .
The City shall not consider or negotiate regarding exceptions submitted at any time
after the submission of the Proposer’s response. Please check one of the following
statements:
____I have read the professional services agreement and plan on executing the agreement
without any exceptions.
My firm cannot execute the City’s standard professional service agreement unless
the exceptions noted below or in the attached sample professional services agreement are
made.
***Please be aware that submitting exceptions to the contract may impact the
likelihood of your firm being selected to perform this work.
List exceptions in the area below:
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________
Authorized
Signature:
Company
Name:
Typed/Printed
Name and Title: Date:
HERRERA LANDSCAPE SNOW REMOVAL, INC.
Roger Diaz / Business Manager
x
3/4/2024
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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: _______________________
BUSINESS MANAGER
81-2010267
ROGER DIAZ
3/4/2024
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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
City of Evanston Business District Planters and Landscaping Maintenance
(“the Project”)
RFP Number: 24-02
THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this ___
day of ________________, 20___, between the City of Evanston, an Illinois municipal
corporation with offices located at 2100 Ridge Avenue, Evanston Illinois 60201 (hereinafter
referred to as the “City”), and [Insert Professional Service Provider’s name here], with
offices located at [Insert address here], (hereinafter referred to as the “Consultant”).
Compensation for all basic Services (“the Services”) provided by the Consultant pursuant to
the terms of this Agreement shall not exceed $[Insert fee here].
I. COMMENCEMENT DATE
Consultant shall commence the Services on ____________ or no later than
three (3) DAYS AFTER City executes and delivers this Agreement to
Consultant.
II. COMPLETION DATE
Consultant shall complete the Services by ____________. If this Agreement
provides for renewals after an initial term, no renewal shall begin until agreed to in
writing by both parties prior to the completion date of this Agreement.
III. PAYMENTS
04/01/2024
11/30/2024
5TH
March 24
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$74,679
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City shall pay Consultant those fees as provided here: Payment shall be made
upon the completion of each task for a project, as set forth in Exhibit A –
Project Milestones and Deliverables. Any expenses in addition to those set
forth here must be specifically approved by the City in writing in advance.
IV. DESCRIPTION OF SERVICES
Consultant shall perform the services (the “Services”) set forth here: Services are
those as defined in Exhibit A, the City’s Request for Proposal No. # 24-02 (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 performin g
the Services if, in the opinion of the City, the performance of the employee or
agent is unsatisfactory.
Consultant is responsible for conforming its final work product to generally
accepted professional standards for all work performed pursuant to this
Agreement. Nothing in this Agreement accords any third-party beneficiary
rights whatsoever to any non-party to this Agreement that any non-party may
seek to enforce. Consultant acknowledges and agrees that should Consultant
or its sub-consultants provide false information, or fail to be or remain in
compliance with this Agreement; the City may void this Agreement. The
Consultant warrants and states that it has read the Contract Documents, and
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agrees to be bound thereby, including all performance guarant ees 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 perform the Services.
C. Breach/Default. Any one of the following events shall be deemed an event of
default hereunder by Consultant, subject to Consultant’s right to cure:
1. Failure to perform the Services as defined in Paragraph A above and
contained within Exhibit A;
2. Failure to comply with any other of the General Provisions contained within
this contract.
Consultant, within thirty (30) days, shall have the right to cure any default
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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 co ntractor, 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 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 viol ation 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
Consultant or Consultant’s sub-contractors, employees, agents or sub-
0
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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
hereunder: (1) worker’s compensation in statutory limits and employer’s
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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 an y other documents by the City in no
way releases the Consultant and its sub-contractors from the requirements set
forth herein. Consultant expressly agrees to waive its rights, benefits and
entitlements under the “Other Insurance” clause of its commercial general
liability insurance policy as respects the City. In the event Consultant fails to
purchase or procure insurance as required above, the parties expressly agree
that Consultant shall be in default under this Agreement, and that the City may
recover all losses, attorney’s fees and costs expended in pursuing a remedy or
reimbursement, at law or in equity, against Consultant.
Consultant acknowledges and agrees that if it fails to comply with all
requirements of this Section, that the City may void this Agreement.
M. Confidentiality. In connection with this Agreement, City may provide
Consultant with information to enable Consultant to render the Services
hereunder, or Consultant may develop confidential information for City.
Consultant agrees (i) to treat, and to obligate Consultant’s employees to treat,
as secret and confidential all such information whether or not identified by City
as confidential, (ii) not to disclose any such information or make available any
reports, recommendations and /or conclusions which Consultant may make for
City to any person, firm or corporation or use the same in any manner
whatsoever without first obtaining City’s written approval, and (iii) not to
disclose to City any information obtained by Consultant on a confidential basis
from any third party unless Consultant shall have first received written
permission from such third party to disclose such information.
Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in
the possession of others whom the City has contracted with to perform a
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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 Gen eral
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, 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
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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 Cit y 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.
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.
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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 disab ilities 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
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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
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
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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
Business Manager
81-2010267
ROGER DIAZ
3/4/2024
Page 51 of 67
_______
05 / 15 / 2024
Doc ID: 915c49d1eaad43c60e0b6236f0c141f9a8129327
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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 #________ (Exhibit B) and Consultants Response to Proposal
(Exhibit C)
Dated: ______________
04/01/2024
11/30/2024
24-02
3/4/2024
HERRERA LANDSCAPE SNOW REMOVAL, INC.
Page 52 of 67 Doc ID: 915c49d1eaad43c60e0b6236f0c141f9a8129327
We are pleased to announce our membership in the DemandStar network. DemandStar is an online
marketplace that connects our suppliers directly to the bids, quotes and RFPs that matter to them.
DemandStar is open and accessible to all businesses and provides instant access to our solicitations.
By registering for your complimentary DemandStar account, you will receive:
• Instant access to bids, quotes and RFPs
• Automatic notifications, right to you inbox, of bids that match the commodity codes you select
• The ability to quickly view the contractual terms and scope of work
• All the forms and documents you need in one place
• Access to more government bids in neighboring cities, counties and states
It’s EASY! Get started with these 3 easy steps!
REGISTER
Go to:
https://www.demandstar.com/registration
Registering for
DemandStar
1
2019 DemandStar® Corporation. All Rights Reserved.
206.940.0305
Page 53 of 67 Doc ID: 915c49d1eaad43c60e0b6236f0c141f9a8129327
CHOOSE YOUR FREE AGENCY
Type in the name of the government
agency you’d like to add, for example
“City of Metropolis” in the Search Box
SIGN UP
Visit www.demandstar.com
CHECK OUT
Check out with your FREE AGENCY
Registration by clicking “Skip for now” on
the page where it gives you options to add
additional counties and States
2019 DemandStar® Corporation. All Rights Reserved.
206.940.0305
2
3
Page 54 of 67 Doc ID: 915c49d1eaad43c60e0b6236f0c141f9a8129327
(E-bidding) Electronic Bidding Instructions Page 55 of 67Doc ID: 915c49d1eaad43c60e0b6236f0c141f9a8129327
Introduction
To submit a bid electronically (e-bidding) on
DemandStar
•The project MUST be setup for e-bidding by
the government agency advertising the
opportunityPage 56 of 67Doc ID: 915c49d1eaad43c60e0b6236f0c141f9a8129327
How to check if it is an e-bidding opportunity
•Not all opportunities posted on DemandStar by government
are available for e-bidding
•Those that are available for you to electronically bid will list
“e -bidding” as an available “ACTION” when you look at the
project detailsPage 57 of 67Doc ID: 915c49d1eaad43c60e0b6236f0c141f9a8129327
In order to do
e-bidding
1.Click on “E-bidding” in
the actions columnPage 58 of 67Doc ID: 915c49d1eaad43c60e0b6236f0c141f9a8129327
In order to do
e-bidding
2.Enter you contact
information and enter in
all required fields
Note: You MUST put a number
of the “BID AMOUNT” box.
However, that number can be
0 so as to allow for a more
detailed descriptions of your
bid through your uploaded
documents.Page 59 of 67Doc ID: 915c49d1eaad43c60e0b6236f0c141f9a8129327
In order to do
e-bidding
•In the agency required
documents section –check
the documents you intend
on uploading and fulfilling.
By checking these boxes this
is ONLY an
acknowledgement of how
you will fulfill the
requirement. You still have
to upload the documents. Page 60 of 67Doc ID: 915c49d1eaad43c60e0b6236f0c141f9a8129327
In order to do e-
bidding
Upload your response
documents in an accepted file
format
Make sure that you have
covered and uploaded all the
required documentsPage 61 of 67Doc ID: 915c49d1eaad43c60e0b6236f0c141f9a8129327
In order to do e-
bidding
Once you decide you’ve
uploaded all your documents
that you would like to submit,
make sure you click the NEXT
button at the bottom of the
screenPage 62 of 67Doc ID: 915c49d1eaad43c60e0b6236f0c141f9a8129327
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)940-0305Page 63 of 67Doc ID: 915c49d1eaad43c60e0b6236f0c141f9a8129327
Confirmation of
Response
•When you complete you will
receive a confirmation
•This is a confirmation that
what you uploaded will be
visible to the agency when
the bid closes, this is not a
confirmation that all your
documents were fill out or
submitted correctlyPage 64 of 67Doc ID: 915c49d1eaad43c60e0b6236f0c141f9a8129327
Post
Submission
Edits
If you feel like you missed something or need to make a change
you can go back to your submittal response and edit your e-bid.
By clicking on “DETAILS” then “EDIT” the section you wish
Copyright 2019, DemandStar Corporation. (206)940-0305Page 65 of 67Doc ID: 915c49d1eaad43c60e0b6236f0c141f9a8129327
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.
Page 66 of 67 Doc ID: 915c49d1eaad43c60e0b6236f0c141f9a8129327
RFP 24-02 City of Evanston Business District Planters and Landscaping Maintenance, MWDEBE 04-29-2024
To: Katheryn Boden, Economic Development Coordinator
Paul Zalmezak, Economic Development Manager
From: Tammi Nunez, Purchasing Manager
Subject: RFP 24-02 City of Evanston Business District Planters and
Landscaping Maintenance
Date: April 29, 2024
The goal of the Minority, Women and Evanston Business Enterprise Program
(M/W/D/EBE) is to assist such businesses with opportunities to grow. In order to
help ensure such growth, the City’s goal is to have general contractors utilize
M/W/D/EBEs to perform no less than 25% of the awarded contract.
With regard to the recommendation for the City of Evanston Business District
Planters and Landscaping Maintenance, RFP 24-02, Herrera Landscape Snow
Removal, Inc total base bid is $74,679 and they are found to be in compliance
with the City’s goal. They will receive credit for 100% M/W/D/EBE participation.
Herrera Landscape Snow Removal, Inc. located within 60203 zip code is not
eligible to receive credit as an EBE (based on the City Ordinance Section1 -17-1
C). However, Herrera Landscape Snow Removal, Inc. possesses a city business
license based on taxes paid into Evanston school districts.
Name of M/W/D/EBE Scope of Work Contract
Amount % MBE WBE EBE DBE
Herrera Landscape Snow
Removal, Inc 8836
Lincolnwood Drive,
Evanston, IL 60203
Landscape
Design $74,679 100% X
Total M/W/D/EBE $74,679 100%
Cc: Hitesh Desai, Chief Financial Officer
Memorandum
Page 67 of 67 Doc ID: 915c49d1eaad43c60e0b6236f0c141f9a8129327
Contract with Herrera Landscape & Snow Removal - 2024 ...
Approval_of_a_Con..._Evanston__IL.pdf
915c49d1eaad43c60e0b6236f0c141f9a8129327
MM / DD / YYYY
Signed
05 / 14 / 2024
11:50:10 UTC-5
Sent for signature to Alexandra Ruggie
(aruggie@cityofevanston.org) and Luke Stowe
(lstowe@cityofevanston.org) from lthomas@cityofevanston.org
IP: 66.158.65.76
05 / 14 / 2024
11:50:21 UTC-5
Viewed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 66.158.65.110
05 / 14 / 2024
11:50:35 UTC-5
Signed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 66.158.65.110
05 / 15 / 2024
09:31:52 UTC-5
Viewed by Luke Stowe (lstowe@cityofevanston.org)
IP: 66.158.65.76
05 / 15 / 2024
09:32:48 UTC-5
Signed by Luke Stowe (lstowe@cityofevanston.org)
IP: 66.158.65.76
The document has been completed.05 / 15 / 2024
09:32:48 UTC-5