HomeMy WebLinkAbout5.11 Motion to accept bid for parkway restoration4/15/2020 BoardDocs® Pro
Agenda Item Details
Meeting Mar 17, 2020 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - 7:00 p.m.
Category 5. CONSENT AGENDA
Subject 5.11 Motion to accept bid for parkway restoration in an amount not to exceed $79,150.
Access Public
Type Action (Consent)
Preferred Date Mar 17, 2020
Absolute Date Mar 17, 2020
Fiscal Impact Yes
Dollar Amount 79,150.00
Budgeted Yes
Budget Source General Fund
Recommended Action Accept the lowest cost, responsive bid for the 2020 and 2021 parkway restoration contract
in an amount not to exceed $79,150 in 2020. Expenditures in 2021 will be limited to the
amount authorized for this purpose in the annual budget. Staff also recommends that the
Village Board authorize a one (1) year contract extension (2022) if performance is
satisfactory and the contractor agrees to hold pricing.
Public Content
Information
Sealed bids for parkway restoration were opened on March 4, 2020. This proposed contract provides sodding of
parkways following excavations by Public Works crews. The bid documents requested prices that include removal of
backfill, rototilling, installation of topsoil and placement of sod. The proposed contract term is for calendar years
2020 and 2021. Additionally, the specifications include an option to extend the contract for a third year (2022), at the
same bid prices as 2021, if both the contractor and the Village agree.
Eleven (11) bids were distributed, and the bid was placed on the online bid service Demandstar. Four (4) bids were
received. Bid results were as follows:
Bidder
2020 Cost
2021 Cost
Total Cost
Alvarez Landscaping, Inc.
$79,150.00
$79,150.00
$158,300.00
Barrington, IL
Fleck's Landscaping, Inc.
$97,500.00
$97,500.00
$195,000.00
Wheeling, IL
The Langton Group, Inc.
$115,000.00
$118,450.00
$233,450.00
Woodstock, IL
American Landscaping Inc.
1 $160,000.00
1 $165,000.00
1 $325,000.00
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Schaumburg, IL
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The apparent low responsive bidder is Alvarez Landscaping, Inc. of Barrington, Illinois (Alvarez). Alvarez has not
performed this type of work for the Village in the past. However, as required as part of the bid submittal, references
were provided. Alvarez has completed similar contracts for the City of Chicago, Illinois Department of Transportation
(IDOT) and O'Hare Airport. All references were contacted and indicated that Alvarez had completed projects with
satisfactory results.
Alternatives
1. Accept lowest cost, responsive bid for parkway restoration.
2. Action at discretion of Village Board.
Staff Recommendation
Staff recommends that the Village Board accept the lowest, cost responsive bid submitted by Alvarez Landscaping,
Inc. of Barrington, Illinois for the 2020 and 2021 parkway restoration contract in an amount not to exceed $79,150 in
2020. Expenditures in 2021 will be limited to the amount authorized for this purpose in the annual budget. Staff also
recommends that the Village Board authorize a one (1) year contract extension (2022) if performance is satisfactory
and the contractor agrees to hold pricing.
Administrative Content
Executive Content
All items under Consent Agenda are considered routine by the Village Board and will be enacted by one motion. There
will be no separate discussion of those items unless a Board member or member from the audience so requests, in
which the item will be removed from the Consent Agenda and considered in its sequence on the agenda.
Motion & Voting
Approve the List of Bills - February 26, 2020 - March 10, 2020 - $5,008,266.13
Motion by Michael Zadel, second by William Grossi.
Motion Carries
Yea: William Grossi, Eleni Hatzis, Paul Hoefert, Richard Rogers, Colleen Saccotelli, Michael Zadel
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EXHIBIT A
(Upon award of contract, to be
attached to PARKWAY
RESTORATION CONTRACT
2020 - 2021 as Exhibit A)
Bid Proposal Form
Village.....of Mount Pros,pect
MPARKWAY RE,S'TOII�ilililRlI,A,T�ION CONTRACT 2020 so 2021
OWNER INFORMATION
Owner Name., vcl
Home Phone,* Business Phoney
This Business is a' Individual Proprietorship
❑ Joint Venture
F-1 Partnership
EQ/ Corporation
If applicable, give names and addresses of all partners, officers or directors.
A Moil TI -
12
..........
Has the applicant, business, or member of the business ever had a
license or contract revoked, suspended or cancelled? F-1 YES NO
If yes, explain in full detail on a separate sheet of paper.
all
Doe he business currently 01 license, or have, a contract, with any 6ther municipality for
s-ervilce'? Y'E S, El NO
If yes, expil�k.
lai'nin full on a separate sheet, of paper,.
'h Zt
Have any complaints against the business been filed wiltht Illinois Commerce Commission, the
Office of the Illinois Attorney General,or any other gover , ental body during the period of one
'yea,r prior to the date of this proposal?. YES NO
If yes, explain in full on a separate sheet of paper.
Please note, the Village reserves the right to conduct its own search with the Illinois
Commerce Commission, the Illinois Attorney General, or any other governmental body, and
may take into consideration any complaints and/or pending complaints made against the
business or owner.
In submitting this Proposal Form requesting award of the Village of Mount Prospect PARKWAY
RESTORATION CONTRACT 2020 - 2021, 1 hereby certify that:
1 1 will not assign or subcontract any contracted work or services for the Village without prior
written approval of the Corporate Authorities of the Village of Mount Prospect;
2, Neither 1, nor any person who will be working on my behalf, has been convicted under the
laws of Illinois or any other state of an offense which under the laws of this state would be a
felony involving the theft of property, violence to persons, or criminal damage to property.
Please note that in the case of a person whose last conviction was more than two years past,
and can demonstrate a compelling showing that he/she is nevertheless fit, such person or
operator may be approved by the Village Manager if otherwise eligible;
310 1 am not barred by law from contracting with the Village because of a conviction for prior
violations of either Sections 33E-3 or 33E-4 of the Illinois Criminal Code of 1965 (720 ILCS
5/33E-3 (Bid Rigging) or 720 ILCS 5/33-4 (Bid Rotating));
4. 1 am not delinquent in payment of any taxes to the Illinois Department of Revenue pursuant
to Section 11-42.1-1 of the Illinois Municipal Code (65 ILCS 5/11-42.1-1) or in any payment,
fee or tax owed to the Village;
5. 1 provide a drug free workplace pursuant to the Drug Free Workplace Act (30 ILCS 580/1, et
se .};
6. 1 shall comply with Article 2 of the Illinois Human Rights Act (775 ILCS 512-101, et), and
the Rules and Regulations of the Illinois Department of Human Rights, including
establishment and maintenance of a sexual harassment policy as required by Section 2-105
of that Article and Act;
7. 1 shall comply with the Americans with Disabilities Act;
21
8. 1 shall comply with the Illinois Public Works Employment Discrimination Act (775 ILC S 10/1
et seq.); and
9. All of the information I have provided in this Application has been truthful and given in
good faith.
I have read and understand the information provided with this Proposal Form, including
the Notice to Bidders, Instructions to Bidder, the General Conditions, the Specifications
and the PARKWAY RESTORATION CONTRACT 2020 - 2021, and agree to abide by the
conditions set forth therein. My signature below indicates my acceptance of all such
conditions and my bid for award of the Village of Mount Prospect PARKWAY
RESTORATION CONTRACT 2020 - 2021.
Bidder must use the official firm name and authorized representative must sign.
22
BID FORM
PARKWAY RESTORATION CONTRACT 2020 - 2021 Village of Mount Prospect
Department of Public Works
I
..........
(hereinafter called "Bidder")
TO: Office of the Village Manager, V Floor
50 South Emerson Street
Mount Prospect, Illinois 60056
(hereinafter called "Village" or "Village of Mount Prospect")
PARKWAY RESTORATION CONTRACT 2020 - 2021
The bidders have familiarized themselves with the services to be performed and probable
work conditions required under this Bid affecting the cost of the performance of the
required services and with the Bid Documents which include:
Notice to Bidders
Table of Contents
Bid Packet Information
Instructions for Bidders
Specifications
General Conditions
Proposal Form
Bid Form
Affidavit — Bid Certification Form
Bid Security
Performance Bond
Bid Sheet(s)
Contract Document
Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel,
labor, materials, tools, equipment, and services (including all utility and transportation
services) required to perform the required services, all in accordance with the above listed
documents.
Bidder agrees to perform all of the required services and provide the equipment and
materials described in the Bid Documents, as follows:
Bidder has bid on all items and has provided a price for all requested services. The
Bidder acknowledges it understands all the requested services for which it has submitted
a bid.
24
The Bidder will complete and provide all labor, equipment, materials and mobilization (if
applicable) to perform the required services as incidental to the fixed item price for each
item proposed.
In submitting this bid, the Bidder understands that the Village reserves the right to add to
or subtract from the estimated quantities.
The Village intends to award one (1) contract (if at all) for the items bid. If written notice
of award of this bid is mailed, emailed or otherwise delivered to the Bidder at any time
before this bid is withdrawn, the Bidder agrees to execute and deliver the contract in the
prescribed form and furnish payment, or letter of credit, and the insurance certificates
required by the Bid Documents to the Village within ten (10) business days after receipt.
The Bidder, and as successful bidder/contractor upon award of the contract, understands
and agrees to the following:
1) The contractor agrees to provide all required services and items and material to the
Village as noted in the Bid Documents and comply with the requirements of the Bid
Documents.
2) The contractor agrees to comply with all applicable federal and state laws, rules and
regulations, and county and municipal ordinances, as described in the General
Conditions.
All Addenda pertaining to this project shall be acknowledged by the Bidder in the spaces
provided below:
Addend Addendum -Date Acknowledgement by Bidder or Authorized Date
Re p�e
/N ., . ed
A ye AcknowledQ
. ...........
Addend
. . . ..........
Failure to acknowledge receipt as provided above, may be considered sufficient grounds
for disqualification of the bidder and rejection of his/her bid submittal. A record of all
Addenda and copies of same will be available to all qualified bidders from the Village of
Mount Prospect Public Works Department, 1700 West Central Road, Mount Prospect,
Illinois two (2) days prior to the letting. It shall be the Bidder's responsibility to become
fully advised of all Addenda prior to submitting its bid.
Upon award of the contract, the Village will send Notice of Award to the successful Bidder,
the Bidder must then execute the contract and provide any required bonds or letter of
credit and certificate of insurance to the Village within ten (110) business days. The Village
will then issue a written Notice to Proceed. Failure to complete the work in the designated
time frame may result in the Director of Public Works withholding compensation due the
contractor for failure to complete the said work in the designated time frame, calling the
bond(s), or taking such other action as may be available.
Security in the sum of in form of (check one):
Bid Bond Certified Check Bank Cashier's Check
is attached hereto in accordance with the "Instructions for Biddersit ,
25
This Bid Submittal contains the following:
1) Bid Proposal Form — Exhibit A
2) Bid Form
3) Affidavit — Bid Certification Form
4) Bid Security
5) BID SHEET(S)
6) List of required references and equipment
Respectfully submitted,,0
,
Name of Fir ."Bidder[k . . . ...................... . ...............
By,
Title: (Signature)
k VV
Contact Information"'.,
low,
W
I
#fficial Address:
-jw
Telephone:
Email: CIv1(A�{(�,G�VIAV('ZCUV(p.COb+
26
AFFIDAVIT - BID CERTIFICATION FORM
R •
Company/Firm Name: '4`�'i„I��iU- .`�C_
Address:LN1 0 [,aSU�U�l�3��/l/IlnfJ'�(��a ubalbI
As a condition of entering into a contract with the Village of Mount Prospect, and under
oath and penalty Of' Pe ury andPOSS ible termination of contract rights and debarment, the
undersigned, ",,being, first duly sworn on oath, deposes
JAA1 001e
L
and states that he or she is V �Lp (sole owner,
partne r jo,i rpt ventured President, Secretary, etc.) of
I #)dls
h,LV and has the authority to make all
(Name of 11 dompany)
certifications required by this affidavit.
Section I Non-CollugLioA
The undersigned certifies that this bid is genuine and not collusive or a sham, that said
bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any
bidder or person, to put in a sham bid or to refrain from bidding, and has not in any
manner, directly or indirectly, sought by agreement or collusion, or communication or
conference with any person, to fix the bid price element of this bid, or of that of any other
bidder, or to secure any advantage against any other bidder or any person interested in
the proposed contract.
Section 11 Bi1id RtR9!1!21q_..,and Rotating
Pon
The undersigned further states that IS -L
(Name of Company)
is not barred from bidding or contracting as a result of a conviction for violations of state
laws prohibiting bid rigging or bid rotating or any similar offense of any state of the United
States, as provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code, 720 ILLS
5/33E-31 33E-4.
Section III Druq Free Workplace
The undersigned further states that 1K1\Iu vtqQA U if
(Name of Company)
provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 ILLS 580/1,
et seq., and has, to the extent not covered by a collective bargaining agreement that deals
with the subject of the Substance Abuse Prevention in Public Works Projects Act, 820
ILLS 265/1 et seq., a substance abuse prevention program that meets or exceeds these
requirements of that Act.
Section IV Tax Payment
The undersigned further states that Is
,t/Vaire of Company)
U4411
not delinquent in payment of any taxes to the Illinois Department of Revenue, in
accordance with Illinois Compiled Statues, 65 ILC S 5/11-42.1. The undersigned
understands that making a false statement regarding delinquency in taxes is a Class A
Misdemeanor and, in addition, voids the contract and allows the municipality to recover
all amounts paid to the individual or entity under the contract in civil action.
N,
Section V Sexual Harassment Politely
Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILLS 5/2-105 (A),
every party to a public contract must:
"Have written sexual harassment policies that shall include, at a minimum, the following
information: (1) the illegality of sexual harassment; (11) the definition of sexual harassment
under State law; (111) a description of sexual harassment, utilizing examples; (IV) the
vendor's internal complaint process including penalties; (V) the legal recourse,
investigative and complaint process available through the Department (of Human Rights)
and the Commission (Human Rights Commission); (VI) directions on how to contact the
Department and Commission; and (VII) protection against retaliation as provided by
Section 6-101 of the Act. (Illinois Human Rights Act)."
A "public contract" includes: ...every contract to which the State, any of its political
subdivisions or any municipal corporation is a party." 775 ILCS 5/1-103 (M) (2002),
The undersigned further states that
has
, m)('k
(Name of Company)
a written sexual harassment policy in place in full compliance with 775 ILCS, 5/2-105 (A)
(4).
It is expressly understood the foregoing statements and representations and promises
are made as a condition to the right of the bidder to receive payment under any award
made under the terms and provisions of this bid.
The undersigned certifies that all information contained in this Affidavit is true and correct.
Signed by: T"tl e
S1, na bre
Name Printed,,- A"
Signed and sworn to before me this
My commission expires:
Notary Pu6lic
T)c day of MCI.
OFFICIAL SEAL
ROSALIA ALVAREZ
NOTARY PUBLIC, STATE OF IWNOIS
COOK COUNTY
MY COMMISSION EXPIRES 04/22/2023
120
29
BID SECURITY
Included with this bid is a bank cashier's check, certified check or bid bond in the amount
of 54U by 'All�k\J(A,"�,,�'ll'"'I.�.,4.1.1-1..'I C/ the bidder, in favor of the Village of Mount
Prospect. It is hereby agreed that, should bidder be awarded the contract for services
contemplated under this bid and fail or refuse to execute a contract for the performance
of said services, or to provide the required payment, or letter of credit, and certificate of
insurance, then this security, in the amount stipulated above, shall be forfeited and may
be retained by the Village of Mount Prospect as liquidated damages and not as a penalty.
All bids to remain firm for a period of ninety (90) days after bid opening date.
SUBMITTED THIS DAY OF 202D
SEAL (if corporation)
IW
AO V 5 •
Note: If bidder is a partnership, the bid must be signed by at least two of the partners.
Note: If bidder is a corporation, the bid must be signed by an authorized officer of the
corporation, attested and sealed by the secretary or other authorized officer.
If a corporation, note here the state of incorporation:
Incorporated under the laws of the State of . ........
30
� 10.571 ro a 10
Principal Amount:,
Contract:
KNOWN ALL MEN BY THESE PRESENTS, that Contractor
Principal (hereinafter "Contractor"), and with main
office at a corporation of the state of
+,as Surety (hereinafter "Surety"), are held and firmly bound unto the Village
of Mount Prospect, an Illinois municipal corporation (hereinafter "Village"), in the penal sum of
m� .............."'" Dollars ($ ), lawful money of the United
States, for the payment of Which, we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has entered into a written agreement with the Village dated
I , (hereinafter "Contract"), for Parkway Restoration Contract 2020-
2021 in accordance with the specifications prepared by the Villaeg of Mount Prospect, which
Contract is incorporated herein and made a part hereof.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor
shall fully, promptly and completely discharge the Contract and all duly authorized modifications,
alterations, changes, or additions to said Contract as may hereafter be made, and during the life
of any guaranty required under the Contract, and, if Contractor shall fully secure and protect the
Village from all liability and from all loss or expense of any kind, including all court costs and
attorneys' fees made necessary or arising from the failure, refusal or neglect of Contractor to
comply with all obligations assumed by Contractor in connection with the performance of the
Contract and all such modifications, alterations, changes, or additions, then this obligation shall
be null and void; otherwise it shall remain in full force and effect.
Upon receipt of written notice from the Village that the Contractor is in default, and
performance by the Village of its obligations under the Contract, Surety will promptly (1) remedy
the default; (2) arrange for the performance of Contractor's obligations under the Contract through
the use of qualified contractors acceptable to the Village; or (3) notify the Village that it may hire
a contractor to complete Contractor's obligations under the Contract. Surety will promptly notify,
in writing, the Village of which option it is exercising. Failure of the Surety to elect an option within
fifteen (15) days of receipt of the notice from the Village shall constitute authorization to the Village
to complete the improvements at Surety's expense.
The balance of the contract price shall be credited against the cost of completing and/or
correcting the Contractor's performance under the Contract. If the cost exceeds the balance of
the contract price, the Surety shall pay the excess amount to the Village, up to a maximum of the
principal amount of this Bond. If the Surety arranges for completion and/or correction or remedies
the default, the balance of the contract price that is required to complete, correct or remedy the
default shall be paid by the Village to Surety. Surety will be responsible, up to the maximum of
the principal amount of this Bond, for payment for correction and completion of the Contract, any
additional legal, design professional or delay costs arising from Contractor's default and/or
resulting from action or inaction on the part of the Surety and liquidated damages, or, if no
liquidated damages are provided for in the Contract, actual damages caused by delayed
performance or non-performance by the Contractor or Surety. The Village shall not be required
to pay Surety more than the balance of the contract price.
32
The term "balance of the contract price" means the total amount payable by the Village to
the Contractor under the contract, and any amendments thereto, less the amounts paid to the
Contractor by the Village.
Any suit under this Bond must be filed before the expiration of two years from the date on
which final payment under the Contract is due or the applicable statute of limitations, whichever
is longer. No right of action shall accrue on this Bond to orfor the use of any person or corporation
other than the Village or its heirs, executors, administrators or successors. Any proceeding, legal
or equitable, under this Bond may be instituted in a court of competent jurisdiction in the location
in which the work is located. Notice to any of the parties shall be mailed to the appropriate address
listed above.
Surety hereby waives notice of any modifications, alterations, changes, additions or
extension of time in the Contract.
Signed and sealed this day of
Contractor
B y :
Signature
Title
ATTEST
..................................................... . . . . . . .
Corporate Secretary (corporations only)
STATE OF
COUNTY OF
NOTARY
19 , a Notary Public in and for said county, do hereby
ce rtify th at
(Insert Name of Attorney -In -Fact for Surety)
who is personally known to me to be the same person whose name is subscribed to the foregoing
instrument on behalf of Surety, appeared before me this day in person and acknowledge
respectively that he/she signed, sealed, and delivered said instrument as his/her free and
voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of
Notary Signature: My Commission expires:
202 .
KN
PARKWAY RESTORATION CONTRACT 2020 - 2021
The undersigned herewith submits a bid on the "PARKWAY RESTORATION CONTRACT 2020
- 2021" in accordance with the attached documents. All bids are to be delivered to the office of
the Village Manager at 50 S. Emerson Street, V Floor, Mount Prospect, Illinois 60056, prior to
1:00p.m. on March 4, 2020.
�Ami bill 4 0 0 0
We will perform the services as outlined in the PARKWAY RESTORATION CONTRACT 2020 - 2021 for
sums as follows:
Unit Cost Per
Square Yard
2020
Estimated
Quantity ire
Square Yards
Extended
Estimated Cost
for 2020
Regular and
Utility Sodding $ 5000 U, 00
—cost- to remove/dispose of backfill or rototill as specified, furnish/install topsoil and sod, and water
once
2021
Estimated Extended
Unit Cost Per Quantity in Estimated Cost
S uare Yard S uare Yards for 2021
Regular and
Utility Soddin %5,; a 5000 $�°I,
Cost to remove/dispose of b�ack 1, 6r"rowull as specified, furnish/install topsoil and sod, and water
once
Extended Soddin Cost 2020 $ --1q 1150 - 0 o
Extended Soddin Cost 2021 $ 'Z th'�.p
Combined Extended Cost Soddin 2020-2021 $ I"18 30 O.pp
Unit Cost Per
Sauare Yard
2020/2021
Estimated
Quantity in
Square Yards
Extended
Estimated Cost
Additional Sod
Waterings $ 0. bo
1000 $ 16 G 0.U�
. . ........... -- ............ . ..... .. ....................
Cost per watering, per square yard (water supplied by Village) -NOT INCLUDED IN BID
TALLY
34
Submitted this day of20UJ
Mark outside of envelope: " PARKWAY RESTORATION CONTRACT 2020 - 2021"
and deliver to the Village Manager's office at 50 South Emerson Street 3rd Floor,
Mount Prospect, Illinois, 60056, by 1:00 p.m., MONDAY, March 4, 2020.
Also, note any exceptions to the specifications:
pv�vuv�o I
COMPANY OWNER/BIDDER
ADDRESS
V r.
-n 04
CITY, STATE, ZIP
CiV, alvunezcov�, �ow�
Email I
C)2 /2-() 2X)2
" )` .
0 OU
DATE SUBMITTED
Note: All bids to remain firm for ninety (90) days. Be sure to mark the outside of
the envelope, "Sealed Bid for PARKWAY RESTORATION CONTRACT 2020 -
202'1.'!
M1
EXHIBIT B
VILLAGE OF MOUNT PROSPECT
PARKWAY RESTORATION CONTRACT 2020 - 2021
THIS AGREEMENT (hereinafter the "Contract") is entered into by and between the Village of
not Pros el t, an Illinois home rule municipality (hereiinafter the "Village"), and
IV V R-0
an 0,1 00, 'L located at 6 v/V%,
. .......... . .
L
Illinois, (hereinafter the "Contractor").
1. GENERAL As stated in the bid document.
2. SPECIFICATIONS As stated in the bid document.
3, CONTRACTOR RESPONSIBILITY FOR PROPERTY/HOLD HARMLESS
Contractor agrees to defend and hold harmless the Village from and against all demands,
claims, suits, costs, expenses, damages and adjustments based upon any infringement
of any patent relating to goods specified in the contract, and on account of the Village's
use of any copyrighted or uncopyrighted, composition, trade secrets, secret process,
proprietary rights, patented of unpatented invention, article or appliance furnished or used
under the proposal Specifications.
4. ADHERENCE TO LAWS
Employees and agents of Contractor shall obey all federal, state, county and municipal
laws and ordinances during the execution of their duties under this Contract. The
existence of this Contract does not exempt such individuals from compliance with such
laws or ordinances, nor does it convey any special rights or privileges upon those
individuals.
Contractor shall meet all applicable licensing requirements of the Village
In addition, Contractor is required to comply with all federal, state, county and municipal
laws and ordinances, including the following:
a Provide a drug free workplace pursuant to the Illinois Drug Free Workplace Act (30
ILS 580/1, et seq.);
b. Comply with the Illinois Public Works Employment Discrimination Act (775 ILLS
10/1 et seq.);
C. Comply with Article 2 of the Illinois Human Rights Act (775 ILLS 5/2-101, et seq.),
and the Rules and Regulations of the Illinois Department of Human Rights,
including establishment and maintenance of a sexual harassment policy as
required by Section 2-105 of that Article and Act;
d. Comply with the Americans with Disabilities Act; and
e. Comply with the provisions of the EQUAL EMPLOYMENT OPPORTUNITY
CLAUSE required by the Illinois Department of Human Rights as a material term
of all public contracts, which states as follows:
0
Title 44, Part 750, Section 750, APPENDIX A, Illinois Administrative Code, Equal
Employment Opportunity Clause
EQUAL EMPLOYMENT OPPORTUNITY
In the event of contractor's non-compliance with the provisions of this Equal Employment
Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the
Illinois Department of Human Rights ("Department"), contractor may be declared ineligible
for future contracts or subcontracts with the State of Illinois or any of its political
subdivisions or municipal corporations, 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 this contract, the
contractor agrees as follows:
1 ) That it will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, marital status, national origin or ancestry, age,
physical or mental handicap unrelated to ability, or an unfavorable discharge from military
service; 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.
2) That, if it hires additional employees in order to perform this contract or any portion
thereof, it will determine the availability (in accordance with the Department's Rules) of
minorities and women in the area(s) from which it may reasonably recruit and it will hire
for each job classification for which employees are hired in such a way that minorities and
women are not underutilized.
3) That, in all solicitations or advertisements for employees placed by it or on its
behalf, it will state that all applicants will be afforded equal opportunity without
discrimination because of race, color, religion, sex, marital status, national origin or
ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable
discharge from military service.
4) That it will send to each labor organization or representative of workers with which
it has or is bound by a collective bargaining or other agreement or understanding, a notice
advising such labor organization or representative of the contractor's obligations under the
Illinois Human Rights Act and the Department's Rules. If any such labor organization or
representative fails or refuses to cooperate with the contractor in its efforts to comply with
such Act and Rules, the contractor will promptly so notify the Department and the
contracting agency and will recruit employees from other sources when necessary to fulfill
its obligations thereunder.
5) That it will submit reports as required by the Department's Rules, furnish all
relevant information as may from time to time be requested by the Department or the
contracting agency, and in all respects comply with the Illinois Human Rights Act and the
Department's Rules.
6) That it will permit access to all relevant books, records, accounts and work sites
by personnel of the contracting agency and the Department for purposes of investigation
to ascertain compliance with the Illinois Human Rights Act and the Department's Rules.
7) That it will include verbatim or by reference the provisions of this clause in every
subcontract it awards under which any portion of the contract obligations are undertaken
or assumed, so that such provisions will be binding upon such subcontractor. In the same
manner as with other provisions of this contract, the contractor will be liable for compliance
37
with applicable provisions of this clause by such subcontractors; and further it will promptly
notify the contracting agency and the Department in the event any subcontractor fails or
refuses to comply therewith. In addition, the contractor will not utilize any subcontractor
declared by the Illinois Human Rights Commission to be ineligible for contracts or
subcontracts with the State of Illinois or any of its political subdivisions or municipal
corporations.
With respect to the two types of subcontracts referred to under paragraph 7 of the Equal
Employment Opportunity Clause above, following is an excerpt of Section 750.30 of the
Department of Human Right's Rules and Regulations for Public Contracts:
Title 44, Part 750, Section 750.30, Illinois Administrative Code, Subcontracts
Each public contractor and subcontractor shall in turn include the Equal Employment
Opportunity Clause set forth in Appendix A of this Part in each of its subcontracts under
which any portion of the contract obligations are undertaken or assumed, said inclusion to
be either verbatim or by reference so that the provisions of the clause will be binding upon
such subcontractors.
5. FEE SCHEDULE
The charges to be assessed by Contractor under this Contract are set forth in the fee
schedule contained in Exhibit A.
6. LOG BQQ,KRECORDS & REPORTS REQUIRED
The Contractor shall provide the Village with a written status report on its provision of
services required by the Contract. This report shall be due before the tenth day of the
following month.
7. METHODS OF PAYMENT
Payment under the Contract will be made in accordance with the Illinois Local Government
Prompt Payment Act, 50 ILCS 505/1 et seq.
8. HOLD HARMLESS AGREEMENT (Co. TRA,CTUAL LIABI,=
Contractor assumes full responsibility for the acts and omissions of its employees and
agents while engaged in performing services under the Contract. Contractor agrees, to
the greatest extent permitted by Illinois law, to protect, indemnify, save and hold forever
harmless the Village, its officers, appointed and elected officials, Mayor and Board of
Trustees, employees, volunteers, attorneys and agents from and against any and all
liabilities, obligations, claims, losses, damages, penalties, and costs and expenses
resulting from any suit, claim, demand, judgment, or cause of action initiated by any
person, including Contractor and its officers, officials, employees, subcontractors,
volunteers and agents, arising out of, connected with, or in any way associated with the
performance of services covered by this Contract or the equipment used in connection
therewith.
9" CONTRACTOR'S LIABILITY INSURANCE
Contractor shall not commence with the performance of services under this Contract until
it has obtained all insurance required hereunder and such insurance has been approved
by the Village. Certificates of such insurance shall be filed with the Village prior to
commencing work. Additionally, Contractor will provide the Village with a letter from the
insurance carrier that the Village will be notified within thirty (30) days of the pending
cancellation of any policy relating to this Contract.
W
Each insurance company shall be subject to approval by the Village, and the respective
policies shall name the Village as an additional named insured. Approval of the insurance
by the Village shall not relieve or decrease the liability of Contractor hereunder. Such
insurance is primary and in no event will be considered contributory to any insurance
purchased by the Village. Such insurance will not be canceled, reduced, or materially
changed without providing the Village thirty (30) days advance written notice, via certified
mail.
Contractor shall maintain all insurance required under subsections a through h of this
Section for not less than one (1) year after completion of this contract.
104, CONTRACT TERMINATION
The Village and Contractor reserve the right to terminate the Contract at any time upon
ten (10) days advance written notice to the other party. In addition to the provisions set
forth in Section General conditions (A,8) for immediate termination, failure of Contractor
to perform any aspect of this Contract properly and/or to provide proper treatment to the
general public, in the sole discretion of the Village, is cause for immediate termination of
the Contract without prior notice.
11. LENGTH OF CONTRACT
Contract shall be in effect beginning March 18, 2020 and shall remain in effect until
December 31, 2021, unless terminated by either party under the conditions specified in
Section 10, Contract Termination.
However, if both the Village and the Contractor agree, the contract may be extended for
one (1) additional year at the same bid prices as the second year. Village will advise the
Contractor of its wishes by mid-December 2021 for a possible extension into 2022. If an
extension is offered, the contractor will need to inform the Village of his decision no later
than December 31 st, of that year. Additionally, if a contract is extended, the Contractor
shall then be required to submit each year an updated certificate of insurance, proof of
Mount Prospect business license or contractor's license and any required bonds. All
contract deadlines will be one year later than those listed for year two.
All awards are subject to future funding and budget approval by the Board of
Trustees. Should the contract be terminated due to lack of funds, the Village will provide
as much notice as possible and as soon as possible.
12. COMPLIANCE WITH FREEDOM OF INFORMATION ACT REQUEST
The Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1 et seq., applies to public
records in the possession of a party with whom the Village has contracted. The Village
will have only a very short period of time from receipt of a FOIA request to comply with the
request, and there is a significant amount of work required to process a request including
collating and reviewing the information.
Contractor acknowledges the requirements of FOIA and agrees to comply with all requests
made by the Village for public records (as that term is defined by Section 2(c) of FOIA) in
its possession and to provide the requested public records to the Village within two (2)
business days of the request being made by the Village. Contractor agrees to indemnify
and hold harmless the Village from all claims, costs, penalty, losses and injuries (including
but not limited to, attorney's fees, other professional fees, court costs and/or arbitration or
other dispute resolution costs) arising out of or relating to its failure to provide the public
records to the Village under this Contract.
W
13. Contractor shall not assign this Contract or any part thereof without the prior written
consent of the Village. Approval, if any, for such assignment shall be made by the
Corporate Authorities of the Village. This Agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective assigns, legal representatives and
successors in interest.
14. GOVERNING LAW
This Contract shall be governed by and construed in accordance with the laws of the State
of Illinois and applicable federal law. Venue shall only be proper in a court of competent
jurisdiction located within the County of Cook, Illinois.
15. SEVERABILITY
The invalidity or unenforceability of one or more of the terms or provisions contained in
this Contract shall not affect the validity or enforceability of the remaining terms and
provisions of this Contract so long as the material purposes of this contract can be
determined and effectuated.
16,. INTERPRETATION
Any headings of the Contract are for convenience of reference only and do not define or
limit the provisions thereof. Words of gender shall be deemed and construed to include
correlative words of other genders. Words importing the singular shall include the plural
and vice versa, unless the context shall otherwise indicate. All references to any person
or entity shall be deemed to include any person or entity succeeding to the rights, duties
and obligations of such person or entity succeeding to the rights, duties and obligations of
such person or entity in accordance with the terms and conditions of the Contract.
17. WAIVER OF BREACH
If either party waives a breach of any provision of this Contract by the other party, that
waiver will not operate or be construed as a waiver of any subsequent breach by either
party or prevent either party from enforcing such provisions.
18. MERGER - AMENDMENT
This Contract sets forth the entire understanding of the parties relative to the subject
hereof and supersedes any and all prior agreements, express or implied, oral or written.
No amendment or modification of this Contract shall be effective unless reduced to writing
and executed by the parties.
19. "COUNTERPARTS
This Contract may be executed in several counterparts each of which shall be an original
and all of which shall constitute but one and the same instrument.
20. EFFECTIVE DATE
The Effective Date of this Contract shall be the date executed by the Village President,
and attested by the Village Clerk.
40
In Witness thereof, the said parties have executed and signed this contract
on I 20_,.
BY *w
Karen Agoranos, Villagi;
Clerk
Its
Attest:
Secretary
(Corporate Seal)
VILLAGE OF MOUNT PROSPECT, an
Illinois Municipal Corporation
w
Presently Alvarez, Inc. does have a contract with City of Chicago Department of Transportation for
Landscape Maintenance. Contract usually starts mid-April through mid-November. It rotates every
other week. Alvarez does have crews in Chicago that take care of this contract.
References:
. ..... . ........
Lake in the Hills — Public Works Department
. .........
Contract: 2017 Ash Tree Stump & Restoration
9010 Haligus Rd. LITH, IL 60156
Services (1,788 Stumps/21,205").
Superintendent: Guy Fherman 847-960-7500
Michelle Kiefer 847-960-7500
City of Evanston — Public Works Agency
Contract: 2017 Stump Removal & Parkway
2020 Ashbury Ave. Evanston, IL 60201
Restoration (170 Stumps/4,613"}.
Bureau Chief: Paul D'Agostino
Chicago Park District — Subcontracted by Care
Contract: 2013-2015 Rapid Response Tree
of Trees
Services.
340 N. Hoyne Ave. Chicago, I L 60612
Supervisor: Auxilio Tovar 312-492-7206
. . ...................
-----------
See attached List of Equipment.
From: Christina Alvarez <ctiriirlA@alyarezcor,p.c>
Sent: Friday, March 6, 2020 1:53 PM
To: Pierce, Victor <VPiie r'ceLbn1,,out"m_
.11lo1 lect,o�g,>
Cc: Hull, David <D,HLJ'1fE111,QU!nt)r0 ect.
!PL sp gTg>
Subject: Additional References
Please see requested additional references.
1. Owner: City of Chicago – Chicago Department of Transportation
Prime General Contractor – Sumit Construction Company 4150 W. Wrightwood Ave. Chicago, IL 60639
Engineer: Bharathi Perumal @ 312.646.8257
Project: 2019 35th Street Walk to Transit Landscape Installation (Soil, Tree, Plant & Sod Installation)
Total Amount: $91,226.24
Topsoil, Bio Soil & Sod Installation: $33,970.00 & $7,350.00= $41,320.00
2. Owner: Illinois Department of Transportation
Prime General Contractor – Arrow Road Construction 3401 S. Busse Road Mt. Prospect, IL 60056-0334
Project Manager: Carl Bolander @ 847-472-7261 ( for Last couple of projects)
Projects: 2011-2017 (16) Various District 1 Cities - Topsoil Furnish + Place & Sod Installation (we would go and repair or
restore any curb and gutter installation)
Total of Amounts: $93,839.70
I understand there are only two references but we have been doing various projects over the years for IDOT for various
contractors and Arrow Road has been the latest.
Please let me know if you have any further questions.
Thank you,
Christina Alvarez
Operations Manager
Alvarez, Inc. – Landscape Contractors
15N497 Old Sutton Rd. Barrington, IL 60010
63115. Winchester Ave. Chicago, IL 60636
Office: 847-551-1105
Fax: 847-551-1109
Website: www.alvareo,
11 A–r--x---rP1'.—00f11
Scanned by the antes Email Security.cloud service.
Scanned by the Symantec Email Security.cloud service.
3
Pierce, Victor
From, Christina Alvarez <christina@alvarezcorp.com>
Sent- Monday, March 9, 2020 2:16 PM
To: Pierce, Victor
Cc: Hull, David
Subject: RE: Additional References
Department of Aviation- O'Hare Airport
By way City Escape Design.
Contact., Michael Elsen @ 773-414-3773
Please let me know if you have any further questions,
Christina Alvarez
Operations Manager
Alvarez, Inc. — Landscape Contractors
15N497 Old Sutton Rd. Barrington, IL 60010
63115. Winchester Ave. Chicago, IL 60636
Office: 847-551-1105
Fax: 847-551-1109
Website: www.alvarezcorp.com
From: Pierce, Victor [mailto:VPierce@mountprospect.org]
Sent: Monday, March 9, 2020 1:36 PM
To: 'Christina Alvarez' <christina@alvarezcorp.com>
Cc: Hull, David <DHull@mountprospect.org>
Subject: RE: Additional References
1111111pliq 11111111111ilill 1��
VICTOR J PIERCE
Grounds Foreman
Certified Arborist IL -4492A
.Landscape Industry Certified Technician
Village of Mount Prospect Public Works
1. 7 0 0 We st C entral Ro ad
Mount Prospect, IL 60056
847-870-5640
847-875-0862 (Mobile)
From: Christina Alvarez <chrlstina @a Iva rexor com,>
Sent: Monday, March 9, 2020 11:52 AM
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Order of VILLAGE OF; MOUNT PROSPECT 006IN
00
FAV HUNDRED 6,01100 US DOLL
ARS
Amou'ht-1,
D -iwn 6N,/
I fc Fifflh"rhird Transaction Number: 21960449
National Association Cost Center: 24317
I Memo: BID BOND
Purchased by: CHRISTINA AL VAREZ
theporchase of a Surety Bond may be required before any Cashier's Check on this I
bank will be replaced or refunded in the event it is lost, misplaced, or stolen. Authorized �wurel
THE ORIGINAL DOCUMENT HAS A WHITE REFLECTIVE WATERMARK ON THE BACK. HOLD AT AN ANGLE TO SEE THE MARK WHEN CHECKING THE ENDORSEMENTS.
I
Bid Request
for
Parkway Restoration Contract 2020 - 2021
BID OPENING: March 4,2020 — 1:00 p.m. local time
Mount Prospect Public Works Department
1700 W. Central Road, Mount Prospect, Illinois 60056-2229
H:\Forestry\Grounds\Word\RFP or BID\2020\BID-PARKWAY RESTORATION 2020.docx
NOTICE TO BIDDERS
Bid for
Parkway Restoration Contract 2020 - 2021
Sealed bids will be received until Monday, March 4, 2020 — 1:00 p.m. in the office of the Village
Manager, 3rd Floor, 50 S. Emerson Street, Mount Prospect, Illinois 60056, in a separate, sealed
envelope please submit bid clearly marked "Sealed Bid for Parkway Restoration Contract
2n2n _ 2n2i_
Plans and specifications may be obtained on the Village's website at
www.mountprospect-org/bids
Offers may not be withdrawn for a period of ninety (90) days after the bid date without the consent
of the Board of Trustees.
Any Bid submitted unsealed, unsigned, sent via email or fax or received subsequent to the
aforementioned date and time, will be disqualified and returned to the bidder.
The Village reserves the right in its sole discretion, to reject any and all bids or parts thereof, to
waive any irregularities technicalities and informalities in bid procedures and to award the contract
in a manner best serving the interests of the Village. Questions about these bid specifications
should be directed to Forestry/Grounds Superintendent Dave Hull at 847-870-5640.
Village Manager
Michael Cassady
February 18, 2020
PARKWAY RESTORATION CONTRACT 2020 - 2021
Table of Contents
Section
Page
Notice to Bidders
1
Table of Contents
2
Bid Packet Information
3
Instructions to Bidders
7
Specifications
10
General Conditions
14
Proposal Form - Exhibit A
20
Bid Form
24
Affidavit —Bid Certification Form
28
Bid Security
30
Performance Bond
32
Bid Sheet(s)
34
Contract — Exhibit B
36
2
VILLAGE OF MOUNT PROSPECT
PARKWAY RESTORATION CONTRACT 2020 - 2021
BID PACKET
The Village of Mount Prospect is seeking proposals for its:
PARKWAY RESTORATION CONTRACT 2020 - 2021
PROJECT SCOPE
The Contractor shall provide, at a minimum, the following work:
The Village of Mount Prospect is seeking proposals for the restoration of publicly owned parkways
during calendar year 2020 and 2021 with a possible extension into 2022. It is the intent of the
Village to have as many sites restored as possible in accordance with the following Specifications.
These specifications describe work required to restore with sod, various excavations and other
disturbances in public rights-of-way and easement areas in the Village of Mount Prospect. For
purposes of this contract, this work will be divided into the following categories, with several
examples provided for each category.
• Regular Sodding — restoration after water main break repairs, hydrant
replacements, sewer repairs etc. Occasionally this category may also include
areas that other Village contractors have inadequately repaired.
• Utility Soddinq- restoration of areas disturbed but not properly restored by utility
companies.
At this time, total quantities of work cannot be projected. However, the estimated quantities
shown on the bid sheets are typical of recent years, and will be used to determine the lowest
qualified overall bid.
Contract shall be in effect beginning March 18, 2020 and shall remain in effect until December
31, 2021, unless terminated by either party under the conditions specified in Section 10, Contract
Termination.
However, if both the Village and the Contractor agree, the contract may be extended for one (1)
additional year at the same bid prices as the second year. Village will advise the Contractor of its
wishes by mid-December 2021 for a possible extension into 2022. If an extension is offered, the
contractor will need to inform the Village of his decision no later than December 31St, of that
year. Additionally, if a contract is extended, the Contractor shall then be required to submit each
year an updated certificate of insurance, proof of Mount Prospect business license or contractor's
license and any required bonds. All contract deadlines will be one year later than those listed for
year two.
All awards are subject to future funding and budget approval by the Board of Trustees. Should
the contract be terminated due to lack of funds, the Village will provide as much notice as possible
and as soon as possible.
3
1. RECEIPT OF PROPOSALS
Sealed bid proposals for parkway restoration must be received in the Village Manager's
Office, at 50 South Emerson Street 3rd Floor, Mount Prospect, Illinois 60056, no later than
1:00 p.m. on March 4, 2020. Bids arriving after that time will not be accepted. Mailed bids,
which are delivered after the specified hour, will not be accepted regardless of postmarked
time on the envelope. Electronic mail (email) and/or facsimile transmitted bids will not be
accepted. All bid proposals will be publicly opened and prices read aloud thereafter on
the same date at the Mount Prospect Village Hall, 50 South Emerson Street, Mount
Prospect, Illinois.
2. HOW TO SUBMIT A BID
The bid proposal must be delivered in a sealed envelope to the Village Hall to the attention
of the "Village Manager". The bid proposal must be clearly marked: Sealed Bid
"PARKWAY RESTORATION CONTRACT - 2020 - 2021 ". No proposal will be
considered unless it is submitted on the bid proposal form, Exhibit A, included in
this bid packet.
The bid proposal must be typewritten or legibly completed in ink. Any erasures or revisions
in the bid proposal must be initialed by the person signing the proposal. Should a bidder
wish to qualify his bid or make special stipulations thereto, such qualifications or
stipulations shall be stated on standard letter size sheets of paper, separate from the
proposal form but included within the sealed proposal.
It will be the sole responsibility of the bidder to ensure that his or her bid reaches the Mount
Prospect Village Manager's Office on or before the deadline for bid submissions set forth
above. Any bid that is not sealed or marked as specified in the requirements for submitting
a bid will be disqualified from the bidding process.
3. QUALIFICATION OF BIDDERS
To be entitled to consideration, bids must be submitted in accordance with this Notice to
Bidders and the "Village of Mount Prospect Instructions to Bidders", and on the Proposal
Form (Exhibit A). In addition, bidders must be licensed to do business in the Village of
Mount Prospect, and must furnish satisfactory evidence of their professional experience
and ability to meet the performance requirements of the PARKWAY RESTORATION
CONTRACT - 2020 - 2021 (Exhibit B).
4. AWARD OF CONTRACT TO SUCCESSFUL BIDDER
The Village of Mount Prospect will be the sole interpreter of all bid documents, and
reserves the right to make its own assessment of bids received; to reject any and all bids;
to waive irregularities and technicalities in the bids; to further negotiate details of the
4
contract with the low bidder after award of the contract; and to award the contract based
upon its consideration of the following criteria as well as relevant statutory provisions:
a) Lowest responsible bidder.
b) The ability, capacity, and skill of the bidder to perform the contract to provide the
service required.
C) Whether the bidder can perform the contract or provide the service promptly, or
within the time specified, without delay or interference.
d) The character, integrity, reputation, judgment, experience, and efficiency of the
bidder.
e) The quality of performance of previous contracts.
f) The previous and existing compliance by the bidder with laws and ordinances
relating to the contract.
g) The sufficiency of the financial resources and ability of the bidder to perform the
contract and provide the service.
h) The ability of the bidder to provide future maintenance and service.
i) The number and scope of conditions attached to the bid.
j) Whether the bidder has a place of business in the Village.
k) Responsiveness to the exact requirements of the invitation to bid.
I) Ability to work cooperatively with the Village and its staff.
m) Past records of the bidder's transactions with the Village or with other entities as
evidence of the bidder's responsibility, character, integrity, reputation, judgment,
experience, efficiency and cooperativeness.
n) Such other factors as would be in the best interest of the Village and its
operations.
o) The Village of Mount Prospect may make such inspections, as it deems
necessary, including the right to inspect all bidder worksites related to the bid.
5. CONTRACT
The specifications and terms for award of this contract include all of those set forth in this
Notice to Bidder, the Instructions to Bidder, the Proposal Form (Exhibit A), the
Specifications, the General Conditions, the Bid Form, the Affidavit — Bid Certification Form,
the Bid Security Form, the Bid Sheet and "PARKWAY RESTORATION CONTRACT -
2020 - 2021" (Exhibit B). The successful bidder will be required to execute the PARKWAY
RESTORATION CONTRACT 2020 - 2021 for the duration specified in that contract and
5
the successful bidder's submitted Bid Proposal Form will be attached to and incorporated
into that Contract.
VILLAGE OF MOUNT PROSPECT
INSTRUCTIONS TO BIDDERS
To be entitled for consideration, bids must be made in accordance with the following instructions:
1. The Village of Mount Prospect reserves the right to reject any or all bids, or any part
thereof, or to accept any bid or any part thereof, or to waive any information in any bid
when, it its opinion, the best interest of the Village will be served by such action.
2. Bidders may withdraw or cancel their bid, in written form, at any time prior to the advertised
bid opening time. Any bid submitted will be binding for 90 calendar days after the date of
bid opening. No plea of ignorance by the bidder as to the conditions that exist or that may
exist hereafter as a result of failure or omission on the part of the bidder to make the
necessary examinations and/or investigations will be accepted as a basis for varying the
requirements of the Village or the compensation to the bidder.
3. Bids must be signed by an authorized official of the organization submitting the bid with
the name of the official and his/her title typed below the signature.
4. All bidders must submit the following information on or before the deadline for bid
submittal: (a) the location of the bidder's permanent place of business; (b) evidence of
the ability to provide an efficient and adequate plan for executing the services requested;
and (c) any additional evidence tending to show that the bidder is prepared adequately to
fulfill the contract, including a statement of the items of equipment which the bidder
proposes to use on the project. This list of items is to include a statement noting which of
these items of equipment the bidder owns, and separately those items which he does not
own but is certain he will be able to rent or otherwise procure for use on the project
5. Bidders shall include with their bid, on a separate attachment to the bid, the names of
three (3) references regarding their qualifications by experience, ability, personnel and
equipment to perform the services required by the bid specifications. The references must
include company name, address, contact person and telephone number. The Village
reserves the right to reject bids not accompanied by the required references.
6. All bidders agree that a complete background investigation of the principals of the bidder
and all employees who will perform the required services on behalf of the bidder will be
made. Bidders agree to cooperate with the appropriate Village personnel to supply all the
necessary information to complete the background inquiries. The Village, at its complete
discretion, may disqualify any Bidder, including a low Bidder, and may void any contract
previously entered into based upon its background investigation.
7. No bid will be accepted from or contract awarded to any person, firm or corporation that
is in arrears or is in default to the Village upon any debt or contract, or that is a defaulter,
as surety or otherwise, upon any obligation to the Village or has failed to perform faithfully
any previous contract with the Village within two (2) years prior to the date of the invitation
to bid.
8. All bid submittals must include a signed Bid Certification Form (copy attached) certifying
non -collusion in the bid, and that the bidder is in compliance with Sections 33E-3 and 33E-
4 of the Illinois Criminal Code regarding bid rotating and bid rigging (720 ILCS 5/33E-3
and 5/33E-4); compliance with the Illinois Drug Free Workplace Act (30 ILCS 580/1 et
seq.; that it is not delinquent in the payment of taxes (65 ILCS 5/11-42.1); and that it has
a written sexual harassment policy in place in full with the Illinois Human Rights Act (775
ILCS 5/2-105, as amended).
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9. Any bidder in doubt as to the true meaning of any part of the Specifications or other bid
documents shall submit a written request for interpretation to Dave Hull, no later than five
(5) calendar days prior to the date set for the opening of the bid. Any questions received
after that time may be answered at the discretion of the Village.
In the event that the Village finds a question to be adequately addressed in the existing
bidding documents, the question may be answered in writing by directing the requesting
bidder to the applicable provision(s) in the existing bid documents. No further clarifications
or interpretations will be issued.
Bidders will acknowledge receipt of any addendum issued by so noting on the bid sheet.
Oral explanations are not binding.
10. Prices shall be provided for each service required to be performed under the contract.
11. All equipment and material bid shall be in accordance with all applicable federal, state and
local laws, rules and regulations in effect at the time of the bid.
12. Bids will be considered on equipment or material complying substantially with the
specifications, provided each deviation is stated and the substitution is described,
including technical data when applicable, in a letter attached to the bid. The Village
reserves the right to determine whether such substitutions or deviations are within the
intent of the specifications and will reasonably meet the service requirements of the
applicable Village Department. Brand names which may be mentioned in the
specifications do not indicate a preference and are used only as a reference to the type
and quality of materials or equipment desired.
13. The brand name and/or manufacturer of each item proposed must be clearly stated.
Guarantee and/or warranty information must be included with this bid.
14. Unless otherwise directed by the Specifications, all materials, equipment and services
provided will meet standards or requirements which would normally be anticipated in
common practice. The bidder guarantees that all applicable federal, state and local laws,
including the federal Occupational Safety and Health Act ("OSHA"), are being complied
with in connection with the bid and any resultant contract or purchase by the Village.
15. All municipal, county, and State of Illinois sales taxes and federal excise taxes, which are
NOT applicable to sales to the Village of Mount Prospect, must be excluded from bid
prices.
16. Prices shall be stated in units when applicable and quotation made on each item
separately. In case of conflict, unit price shall govern.
17. Bidders must be sure to specify any terms which they wish to offer in the space provided.
Cash discounts will be deducted from the base bid in determining the low bidder.
18. A bid deposit in the amount of 500, payable to the Village, is required, unless otherwise
stated in the bid package. The deposit must be in the form of a bid bond, certified check,
or a bank cashier's check. All bid performance deposit checks will be retained by the
Village until the bid award is made, at which time the checks will be promptly returned to
the unsuccessful bidders. The bid performance deposit check of the successful bidder
will be retained until all requirements have been satisfied and proof of insurance coverage
is provided.
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19. In case of default by the bidder, the Village may procure the services from other sources
and may deduct the cost of such services from the unpaid balance due the bidder, and
the prices paid by the Village shall be considered the prevailing market price at the time
such purchase is made.
20. The bidder shall hold the Village, its officers, employees and agents, harmless from liability
of any nature or kind on account of the Village's use of any copyrighted or uncopyrighted
composition, trade secrets, secret process, proprietary rights, patented or unpatented
invention, article or appliance furnished or used under the bid specifications.
21. The successful bidder is specifically denied the right of using in any form or medium the
name of the Village for any advertising, promotion or reference unless express written
permission is granted by the Village.
22. The opaque envelope containing the bid shall be marked plainly, "SEALED BID for
PARKWAY RESTORATION CONTRACT 2020 - 2021". (See also Notice to Bidders
requirements).
23. The bidder's submittal shall include the completed Proposal Form. The Village will strictly
hold the bidder to the terms of the Proposal Form. The Proposal Form must be executed
by a person having the legal right and authority to bind the bidder.
Questions about this Request for Bids should be directed to:
PARKWAY RESTORATION CONTRACT 2020 - 2021
Dave Hull, Forestry/Grounds Superintendent
Mount Prospect Public Works Department
1700 West Central Road
Mount Prospect, Illinois 60056
Phone: 847.870.5640 Email: dhull@mountprospect.org
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SPECIFICATIONS
SPECIFICATIONS - GENERAL
1. All sites are located within the Village of Mount Prospect.
2. The Contractor shall consult with the Public Works Director, or authorized representative,
concerning the details and scheduling of the work contemplated herein, and shall be governed
by the decisions of said Director or authorized representative.
3. All work must be completed to the satisfaction of the Director of Public Works or authorized
representative, and any question as to proper procedures will be resolved by same.
4. Contractor shall not sublet any part of this contract to a subcontractor without prior approval
by Director of Public Works, submission of proof of insurance as specified in "Insurance and
Security Deposits" detailed later in these specifications, and submission of Village of Mount
Prospect contractor's license. If a subcontractor is authorized, the Village shall not release
Final Payment to the general contractor until the Village receives a Final Waiver of Lien from
both the subcontractor and the general subcontractor.
5. All vehicles and equipment shall be clearly marked with company name. Equipment owned
by a subcontractor must be identified with the name of the general contractor.
6. Examination of Site - Bidders shall inform themselves of all the conditions under which the
work is to be performed concerning the site of the work, the obstacles which may be
encountered, and all other relevant matters concerning the work to be performed under this
contract.
Contractors are requested to contact the Public Works Director, or authorized representative,
so that there will be a clear understanding of both parties regarding the extent and nature of
the work contemplated under this contract. Upon request a qualified Village representative
will accompany the Contractor to work area for means of further clarification of methods and
procedures.
The Contractor to whom a contract is awarded will not be allowed any extra compensation by
reason of any such matters or things concerning which the Contractor did not inform him or
her self prior to submitting a quote. The successful Contractor must employ, so far as
possible, such methods and means in the carrying out of his work as will not cause any
interruption or interference with any other Contractor.
All contractors should be aware that the Village will make an effort to periodically advise
Contractor when deficiencies in work are observed, as soon as possible after observation.
However, contractors should be aware that the Village will not sign off on any work until the
detailed report and invoice for submitted work is reviewed. At that time the invoice will be
checked for accuracy areas inspected for compliance with specifications. If deficiencies are
found, Contractor will be given a list of deficiencies and payment of the applicable invoice will
be withheld until the deficiencies are corrected.
7. Payment for services — Billings for services will be accepted upon completion of an assigned
list. Size of areas listed on assignment lists will be approximate. Contractor should contact
Director of Public Works or authorized representative with any discrepancies before repairing
a site.
8. In order to encourage prompt attention to the Parkway Restorataion Contract, the Village will
levy a penalty of $50.00 per day after the sod assignment list due date has passed, until it
has been completed.
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9. It is recognized that the proposed lawn restoration may conflict with existing underground
electric, telephone, cable television, water, streetlight, traffic signals and other facilities. It
shall be the Contractor's responsibility to contact JULIE 1-800-892-0123 to arrange for
locations of all underground facilities as may be necessary to perform the required work. The
Contractor shall protect all utilities from damage, shall immediately contact the appropriate
utility if damage should occur and shall be responsible for all claims for damage due to its
operations.
When working in downtown Mount Prospect, Contractor will be required to meet utility
companies on site for a joint meet, and no painting of brick sidewalks or other hardscape
features shall be allowed.
10. In the event of accidents of any kind, which involve the general public and/or private or public
property, the Contractor shall immediately notify the Director of Public Works and shall provide
a full accounting of all details of the accident. The Contractor shall furnish the Village with
copies of all reports of such accidents at the same time that the reports are forwarded to any
other interested parties.
11. The Contractor is required to return phone calls within a 24 (twenty-four) hour period. If called
on a Friday Contractor shall be given until 12:00 noon the following Monday to return the call.
12. Prior to beginning restoration the Contractor shall be required to notify Public Works of the
intended start date. During restoration work, the Contractor must check in daily with the
Director or authorized representative at the Public Works building to report progress and
problems.
RESTORATION SPECIFICATIONS
1. All sod shall be fresh cut (less than 24 hours) and shall come from a reliable sod farm.
Only Kentucky Bluegrass sod with a mineral base shall be used. Sod with a peat base
shall not be allowed. Sod shall be in a live and healthy condition and shall be knitted to
soil.
2. Sod shall be placed only when the air temperature is less than 90 degrees Fahrenheit. All
sod delivered to the job site shall be kept moist and protected from exposure to sun, wind
and freezing conditions until it is placed on the topsoil.
3. No sod shall be installed on Fridays, or the day before a Holiday.
4. All topsoil used shall be screened, pulverized black dirt. Only quality topsoil, free from
weeds and debris shall be used.
5. Subsoil is to be compacted in lifts after installation but before sod installation, to prevent
settling. Use of a hand tamper, plate compactor, or driving a vehicle over the restoration
area is not an acceptable way to compact the soil. An acceptable way would be using a
jumping jack compactor. The top three to four inches is not to be compacted.
6. The finished grade of the soil shall be 1/2 inch below the final grade of the parkway; in
preparation for the installation of sod.
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7. The Contractor shall regrade the area as needed and trim the adjacent lawn area to
produce a smooth transition between the restored area and the undamaged surrounding
area.
8. Sod shall be placed on the prepared surface with the edges in close contact and alternate
courses staggered, with no sod pieces less than 6" in width or length.
9. All areas with new sod are to be rolled to assure sod to soil contact.
10. For all types of sod restoration, it is the responsibility of the Contractor to perform one
watering immediately after sod is laid, thoroughly soaking the soil to a minimum 6 — 8"
depth (one gallon of water per square foot of sod). The cost of labor and equipment to
perform this initial watering shall be included in the bid for each type of sod restoration.
Water may be obtained at no cost to the Contractor at the Public Works building at 1700
W. Central Rd., Monday through Friday between 7:OOAM and 3:OOPM only. Contractor
shall provide all necessary watering equipment.
11. In most cases, after the initial watering, adjacent property owners will be expected to
provide all additional waterings. However, the Village reserves the right to require the
Contractor to provide up to ten additional waterings. These waterings will be paid for at
the quoted unit price.
12. No holes may be left open and unattended without the specific permission of the Director
of Public Works. If permission is granted the hole must be properly barricaded.
13. Before leaving the work site, the Contractor is to make sure all pieces of cut off sod are
picked up and that all sidewalks, driveways and streets are swept clean of any debris.
14. The same day that sod is installed, the Contractor shall leave written instructions provided
by the Village of Mount Prospect Public Works Department with the property owner(s),
indicating proper watering, mowing, maintenance, etc.
15. All spoils are the responsibility of the contractor to remove and legally dispose of. The
Village will not except any spoils removed from any excavation site.
SPECIAL SPECIFICATIONS
Regular and Utility Restoration
1. All locations shall be pre -marked with white paint by the Village to show the area to be
sodded.
2. Most or all sites have been previously backfilled with sand, clay, stone or topsoil. Sand
and/or clay backfill shall be removed to a minimum depth of 12" (inches) and replaced
with topsoil. Stone backfill shall be removed to a minimum depth of 18" (inches) and
replaced with topsoil.
3. Sites previously backfilled with topsoil by the Village must be rototilled, topsoil must
be added if needed, and the site must be leveled before sod is laid.
4. Any ruts and pod marks adjacent to newly sodded areas shall be restored with dirt and
seed; this cost shall be incidental and borne by Contractor.
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5. Normally, regular and utility restoration will only be assigned in Spring or Fall. The first
list for Spring restoration will be assigned no later than April 1, 2020. Additional lists
may be assigned in April and May. All lists must be completed within 3 weeks of
assignment.
In Fall, the first list for regular and utility restoration will be assigned by September 1St.
All lists must be completed within 3 weeks of assignment.
SPECIFICATIONS - OTHER
Hours of Work — Village code states that no work shall be done on Sundays or Holidays, or any
day before 7:00 a.m. or after 7:00 p.m.
Sodded Areas
No vehicles of any kind shall be placed, parked, or operated upon or over any sodded areas at
any time except as authorized by the Public Works Director or authorized representative.
Schools - Around schools, Contractor is requested to schedule work so as to minimize conflicts
with regularly scheduled school buses and school related traffic, especially at the beginning and
ending of the school day. It is preferred that work is scheduled on days when school is not in
session, if possible, as long as other deadlines contained within these specifications are met.
Obstruction of Streets and Right -of -Way
The Contractor shall arrange to keep sidewalks open for traffic when possible, and block
portions of the streets only when absolutely necessary. The Contractor shall schedule work so
that the public may have the use of the streets a maximum amount of time. The Contractor is to
erect warning signs, traffic cones, arrow boards and furnish adequate barricades, wherever
required.
Communications/Public Relations — Contractor is required to notify the Forestry/Grounds
Superintendent 24 hours in advance of beginning work and to check in daily to report a planned
route, progress or work, and problems. Contractor shall at all times endeavor to maintain good
relations with the public and respectfully answer questions.
Accident Prevention - The Contractor shall exercise every precaution at all times for the
protection of persons and properties. The safety provisions of all -applicable laws and ordinances
shall be strictly observed. Any practice obviously hazardous in the opinion of the Public Works
Director, or authorized representative, shall be immediately discontinued by the Contractor upon
receipt of instructions from the Public Works Director, or authorized representative to discontinue
such practice.
The Contractor shall abide by all EPA and OSHA safety standards and regulations.
Damage
Repair of all damage done to sidewalks, driveways, curbs, streets, fire hydrants, buffalo boxes,
street and traffic signs, light standards or other structures, lawns, other trees, or any other public
or private property during the operations of this contract shall be at the Contractor's expense.
Note that the Contractor is not authorized to drive equipment onto private property without
previous authorization from the property owner.
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GENERAL CONDITIONS
A. Award of Contract; Performance; Payment
1. The Village will issue a Notice of Award to the successful bidder, advising that it
has been awarded the contract. Within ten (10) business days of delivery of the
Notice of Award, by personal service or registered or certified U.S. Mail, postage
prepaid and receipt requested, the contractor shall execute the contract, attached
to the Bid Documents, and furnish the Village with any required bonds and
certificate of insurance.
2. Upon the Village's receipt of the executed contract, any required bonds and
certificate of insurance, the Village will issue and send to the contractor a Notice
to Proceed, that will start the performance period.
3. Completion Dates
It is expected that this contract will be awarded on March 18, 2020 and remain in
effect until December 31, 2021 unless terminated by either party under the
conditions specified in Section 10, Contract Termination.
However, if both the Village and the Contractor agree, the contract may be
extended for one (1) additional year at the same bid prices as the second
year. Village will advise the Contractor of its wishes by mid-December 2021 for a
possible extension into 2022. If an extension is offered, the contractor will need
to inform the Village of his decision no later than December 31 St, of that
year. Additionally, if a contract is extended, the Contractor shall then be required
to submit each year an updated certificate of insurance, proof of Mount Prospect
business license or contractor's license and any required bonds. All contract
deadlines will be one year later than those listed for year two.
All awards are subject to future funding and budget approval by the Board of
Trustees. Should the contract be terminated due to lack of funds, the Village will
provide as much notice as possible and as soon as possible.
4. The Contractor shall submit with each payment request a properly completed
Contractor's Affidavit setting out, under oath, the name, address and amount due
or to become due, of Contractor, each subcontractor, vendor, supplier or other
appropriate party included in its cost, and for every party listed a full or partial
waiver of lien, as appropriate. Beginning with the second payment request, and
with each succeeding payment request, the Contractor shall submit Contractor's
Affidavits and partial waivers of lien for each subcontractor and supplier showing
that the amount paid to date to each is at least equivalent to the total value of that
subcontractor's work, less retainage, included on the previous payment request.
5. If final payment is requested, the Contractor shall submit a properly completed
Contractor's Affidavit setting out, under oath, the name, address and amount due
or to become due, of Contractor, each subcontractor, vendor, supplier or other
appropriate party included in its cost, and a full and final waiver of lien for the full
amount of the Work, less retainage. The Contractor shall assign over to the Village
all manufacturers' and suppliers' warranties respecting any part of the Work.
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6. The Village reserves the right to alter the scope of the required services to be
performed, add such incidental services as may be necessary and increase or
decrease the services to be performed to accord with such changes, including the
deduction or cancellation of any one or more or the services. Such changes shall
not be considered as a waiver of any condition of the contract nor to invalidate any
of the provisions thereof.
7. The performance of the required services shall be done under the supervision of
the Village's Director of Public Works or his/her designee who shall decide all
questions that arise as to the quality and acceptability of materials furnished,
services performed, manner of performance, acceptable fulfillment of the contract,
compensation and the disputes and mutual rights between contractors under the
Specifications.
8. If the contractor fails to begin providing the services within the specified time, or
fails to perform these services in accordance with the terms of the approved
schedule or performs the services in a manner unacceptable to the Village, or if
the contractor becomes insolvent or is declared bankrupt, or makes an assignment
for the benefit of creditors, or from any other cause fails to perform the required
services in a manner required by the contract, the Village shall give notice to the
contractor and its surety in writing specifying such failure, delay, neglect, refusal
or default, and if the contractor, within a period of ten (10) calendar days after the
giving of such notice, does not proceed in accordance therewith, then the Village
shall have the full power and authority to declare the contract and the contractor in
default, and to forfeit the rights of the contractor in the contract.
9. All costs and charges incurred by the Village, together with the cost of performing
the required services shall be deducted from any monies due or which may
become due to the contractor under the contract. Following any payment due and
received by the Village from the contractor's surety following default, if the expense
so incurred by the Village is less than the sum paid to the Village by the surety
under this contract for the performance of required services during the contract
period, the surety shall be entitled to receive the excess difference paid to the
Village. When such contractor default costs incurred by the Village exceeds the
sum paid to the Village for the performance of the required services under the
contract, the contractor and the surety shall be liable and shall pay to the Village
the full cost of such additional expenses.
B. Performance of the Required Services
1. The contractor shall exercise every precaution at all times for the protection of
persons and properties. The safety provisions of all applicable laws and
ordinances shall be strictly observed. Any practice obviously hazardous, in the
opinion of the Director of Public Works or his authorized representative, shall be
immediately discontinued by the contractor upon his receipt of instructions from
the Director of Public works or an authorized representative to discontinue such
practice.
2. The performance of services under the contract includes the furnishing of all
supervision, labor, materials, tools, equipment and incidentals of every kind and
description necessary, in accordance with the contract documents.
3. The performance of services shall be subject at all times to inspection by the
Village or its inspectors, and the contractor will be held strictly to the diligent
15
execution of the contract. The Village or its inspectors shall be furnished with such
information and assistance by the contractor as is required to make a complete
and detailed inspection. Completed performance of services not complying with
the contract may be rejected by the Village and shall be performed again by the
contractor at no expense to the Village.
4. Except where the Specifications indicate otherwise, the Village is not responsible
for providing any tools, equipment, or storage under the contract in order to permit
the completion of any contractual obligations under the contract.
5. The contractor shall provide an adequate number of competently trained personnel
with sufficient supervision to perform the services required, and the contractor shall
provide identification of its personnel if requested by the Village. Any contractor's
employee or representative whose employment is reasonably detrimental or
objectionable to the Village shall be transferred immediately from the work site
upon the Village's request. The exercise of this option shall not be construed as
placing the Village in charge of the performance of the services required under the
contract, or as making the Village responsible for safety. All tools or equipment
required to carry out the operations within the scope of the contract shall be
provided by the contractor, and shall meet the standards of OSHA and the State
of Illinois safety codes as may be required by law. The Village reserves the right
to inspect the equipment that will be used prior to the award of the bid.
6. The contractor shall at all times have a competent person in charge of its work
crew at the job site to whom the Village representative may issue directives. Such
person shall be competent in the English language.
C. Bond; Insurance; Indemnification
1. Performance Bond. Upon submission of the executed contract to the Village,
Contractor shall furnish to the Village a surety bond in the amount one hundred
and ten percent (110%) of the bid for the faithful performance of the Contract and
to indemnify the Village against loss. The premium of such bonds is to be paid by
the Contractor. The surety must be with a substantial surety company satisfactory
to the Village and authorized by law to do business in the State of Illinois and
endorsed by a local representative of said surety company. All performance bonds
shall name the Village of Mount Prospect as Obligee and be written upon forms
prepared or approved by the Village. Said bonds may be satisfied with a Letter of
Credit, in the form acceptable to the Village, from a bank or savings and loan within
the Chicago metropolitan area. The bonds and Letter of Credit shall remain in
effect during the full term of the Contract and any extension thereof. Failure to so
provide these bonds or Letter of Credit shall result in forfeiture of the bid
bond/Letter of Credit to the Village as liquidated damages and not as a penalty,
and the termination of the contract and/or withdrawal of the award.
2. Insurance Requirements. In the submission of a bid, the bidder is certifying that it
has all the insurance coverage required by law or that would normally be expected
for the bidder's type of work. In addition, the bidder is certifying that, as the
successful bidder/contractor, upon execution of the contract, it will provide
insurance of such types and in such amounts as may be necessary to protect itself
and the interests of the Village against all hazards or risks of loss contemplated by
the contract. The Village shall be named as an additional insured on all applicable
insurance policies. Satisfactory certificates of insurance shall be filed with the
Village upon execution of the contract. The certificates shall state that thirty (30)
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days advance written notice will be given to the Village before any policy covered
thereby is changed or canceled.
Insurance coverage shall be in the following minimum amounts:
Limit/ Limit/
Type of Insurance Ea. Occurrence Aggregate
General Liability
Bodily Injury $1,000,000 $3,000,000
Property Damage $1,000,000 $3,000,000
Contractual Ins. $1,000,000 $3,000,000
Automobile Liability
Bodily Injury
Property Damage
Workers Compensation
Employee Claims
Employers Liability
$1,000,000 $1,000,000
$1,000,000 $1,000,000
Statutory for Illinois
$1,000,000 per accident
3. Indemnification. The contractor shall indemnify and save harmless the Village, its
officers, employees and agents from any and all liability, losses or damages,
including attorney's fees and costs of defense, the Village may suffer as a result
of claims, demands, suits, actions or proceedings of any kind or nature, including
workers' compensation claims, in any way resulting from or arising out of the
operations of the contractor under the contract, including operations of
subcontractors; and the contractor shall, at his own expense, appear, defend and
pay all attorney's fees and all costs and other expenses arising therefrom or
incurred in connection therewith; and, if any judgments shall be rendered against
the Village in any such action, the contractor shall, at his own expense, satisfy and
discharge same. The contractor expressly understands and agrees that any
bonds, letters of credit or insurance protection required by the contract, or
otherwise provided by the contractor, shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the Village as herein provided.
The contractor agrees to defend and hold harmless the Village from and against
all demands, claims, suits, costs, expenses, damages and adjustments based
upon any infringement of any patent relating to goods specified in the contract, and
on account of the Village's use of any copyrighted or uncopyrighted, composition,
trade secrets, secret process, proprietary rights, patented or unpatented invention,
article or appliance furnished or used under the bid Specifications.
D. Compliance with Laws
1. If, at any time, it shall be found that the person, firm or corporation to whom
the contract has been awarded has, in presenting any proposal or
proposals, unlawfully colluded with any other party or parties, then the
contract so awarded shall be null and void, and the consultant and his
sureties shall be liable to the Village for all loss or damage which the Village
may suffer thereby, and the Village may advertise for new bids for
performance of the required services.
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2. The contractor shall, at all times during the life of this contract, observe and
abide by all federal, state and local laws which in any way affect the conduct
of the work and with all decrees and orders of courts or agencies of
competent jurisdiction. Likewise, said contractor shall be governed by all
municipal ordinances and regulations which in any way affect the conduct
of the work. The contractor shall indemnify and save harmless the Village,
its officers, agents and employees against any claim or liability arising from
or based on his violation of any law, ordinance, regulation, decree or court
order.
The bidder and contractor, as the successful bidder, shall comply with all
applicable federal, state and local laws, including, but not limited to, the
following:
a. Bid Rigging/Rotating. By submitting a bid, the contractor certifies
that no owner, officer or director is barred from contracting with any
unit of state or local government as a result of violating the bid
rigging or bid rotating provisions contained in 720 ILCS 5/33E-3 &
33E-4.
b. Tax Payment. The contractor certifies that it is not delinquent in the
payment of any taxes to the Illinois Department of Revenue
pursuant to 65 ILCS 5/11-42.1-1.
C. Drug Free Workplace Act. The contractor will comply with the
requirements of the Drug Free Workplace Act if the contract is
$5,000 or more, and it has more than 24 employees at the time of
entering into the contract pursuant to 30 ILCS 580, et seq.
d. Preference to Veterans Act. The contractor will comply with the
Preference to Veterans Act, 330 ILCS 55, et seq.
f. Non -Discrimination. The contractor will comply with the Illinois
Public Works Employment discrimination Act, 775 ILCS 10/1, et
seq.
g. Equal Employment Opportunity. The contractor will comply with
Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et
seq.), including establishment and maintenance of a sexual
harassment policy as required by Section 2-105 that will be
produced to the Village upon request, and the Rules and
Regulations of the Illinois Department of Human rights, including
the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE, that is a
material term of all public contracts, as set forth in Exhibit B.
h. Compliance with Freedom of Information Act Request. Section 7 of
the Illinois Freedom of Information Act (FOIA), 5 ILCS 140/7,
applies to public records in the possession of a party with whom the
Village has contracted. The Village will have only a very short time
from receipt of a FOIA request to comply with the request and there
is a significant amount of work required to process a request
including collating and reviewing the information. The
bidder/contractor acknowledges the requirements of FOIA and
agrees to comply with all requests made by the Village for public
records (as that term is defined by Section 2(c) of FOIA) in the
18
undersigned's possession and to provide the requested public
records to the Village within two (2) business days of the request
being made by the Village. The bidder/contractor agrees to
indemnify and hold harmless the Village from all claims, costs,
penalties, losses and injuries (including but not limited to, attorney's
fees, other professional fees, court costs and/or arbitration or other
dispute resolution costs) arising out of or relating to its failure to
provide public records to the Village under the contract.
E. Work Guaranty
1. General Guaranty. Neither partial or final payment, nor any provision in the
contract, nor partial or entire use of the product/Work embraced in the
contract by the Village or the Public shall constitute an acceptance of work
not done in accordance with the contract, or relieve the contractor of liability
in respect to any express warranties or responsibility for failure to comply
with the terms of those contract documents.
F. Miscellaneous Contract Requirements
1.
Contract Alterations. No amendment of a contract shall be valid unless
made in writing and signed by the Village President, Village Manager or
their authorized representative.
2.
Licenses and Permits. The contractor shall procure at its own expense all
the necessary licenses and permits in connection with the work under the
contract.
3.
Nonassignability. The contractor shall not assign the contract, or any part
thereof, to any other person, firm or corporation without the previous written
consent of the Village. Such assignment shall not relieve the contractor
from its obligations or change the terms of the contract unless agreed by
the Village at its sole discretion.
4.
Notices. All notices required by the contract shall be given in writing.
5.
Taxes. The contractor shall pay all federal, state and local taxes as may
be applicable on all materials, labor and services furnished by it under the
contract, and the amounts of such taxes shall be included in the unit prices
bid.
19
EXHIBIT A
(Upon award of contract, to be
attached to PARKWAY
RESTORATION CONTRACT
2020 - 2021 as Exhibit A)
Bid Proposal Form
Village of Mount Prospect
PARKWAY RESTORATION CONTRACT 2020 - 2021
OWNER INFORMATION
Owner Name:
Address:
Business Name:
Business Address:
Home Phone:
This Business is a:
Business Phone:
❑ Individual Proprietorship
❑ Joint Venture
❑ Partnership
❑ Corporation
If applicable, give names and addresses of all partners, officers or directors.
Name
Address
Has the applicant, business, or member of the business ever had a
license or contract revoked, suspended or cancelled? ❑ YES
If yes, explain in full detail on a separate sheet of paper.
❑ NO
20
Does the business currently hold a license or have a contract with any other municipality for
service? F-1 YES ❑ NO
If yes, explain in full on a separate sheet of paper.
Have any complaints against the business been filed with the Illinois Commerce Commission, the
Office of the Illinois Attorney General, or any other governmental body during the period of one
year prior to the date of this proposal? ❑ YES ❑ NO
If yes, explain in full on a separate sheet of paper.
Please note, the Village reserves the right to conduct its own search with the Illinois
Commerce Commission, the Illinois Attorney General, or any other governmental body, and
may take into consideration any complaints and/or pending complaints made against the
business or owner.
In submitting this Proposal Form requesting award of the Village of Mount Prospect PARKWAY
RESTORATION CONTRACT 2020 - 20217 1 hereby certify that:
1. I will not assign or subcontract any contracted work or services for the Village without prior
written approval of the Corporate Authorities of the Village of Mount Prospect;
2. Neither I, nor any person who will be working on my behalf, has been convicted under the
laws of Illinois or any other state of an offense which under the laws of this state would be a
felony involving the theft of property, violence to persons, or criminal damage to property.
Please note that in the case of a person whose last conviction was more than two years past,
and can demonstrate a compelling showing that he/she is nevertheless fit, such person or
operator may be approved by the Village Manager if otherwise eligible;
3. I am not barred by law from contracting with the Village because of a conviction for prior
violations of either Sections 33E-3 or 33E-4 of the Illinois Criminal Code of 1965 (720 ILCS
5/33E-3 (Bid Rigging) or 720 ILCS 5/33-4 (Bid Rotating));
4. I am not delinquent in payment of any taxes to the Illinois Department of Revenue pursuant
to Section 11-42.1-1 of the Illinois Municipal Code (65 ILCS 5/11-42.1-1) or in any payment,
fee or tax owed to the Village;
5. I provide a drug free workplace pursuant to the Drug Free Workplace Act (30 ILCS 580/1, et
sea • );
6. 1 shall comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et seg.), and
the Rules and Regulations of the Illinois Department of Human Rights, including
establishment and maintenance of a sexual harassment policy as required by Section 2-105
of that Article and Act;
7. 1 shall comply with the Americans with Disabilities Act;
21
8. I shall comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1
et seq.); and
9. All of the information I have provided in this Application has been truthful and given in
good faith.
I have read and understand the information provided with this Proposal Form, including
the Notice to Bidders, Instructions to Bidder, the General Conditions, the Specifications
and the PARKWAY RESTORATION CONTRACT 2020 - 2021, and agree to abide by the
conditions set forth therein. My signature below indicates my acceptance of all such
conditions and my bid for award of the Village of Mount Prospect PARKWAY
RESTORATION CONTRACT 2020 - 2021.
Name of Company
Bid Submitted By
Position in Company
Phone No.
Date
Bidder must use the official firm name and authorized representative must sign.
22
BID FORM
PARKWAY RESTORATION CONTRACT 2020 - 2021 Village of Mount Prospect
Department of Public Works
FROM:
(hereinafter called "Bidder")
TO: Office of the Village Manager, 3rd Floor
50 South Emerson Street
Mount Prospect, Illinois 60056
(hereinafter called "Village" or "Village of Mount Prospect")
PARKWAY RESTORATION CONTRACT 2020 - 2021
The bidders have familiarized themselves with the services to be performed and probable
work conditions required under this Bid affecting the cost of the performance of the
required services and with the Bid Documents which include:
Notice to Bidders
Table of Contents
Bid Packet Information
Instructions for Bidders
Specifications
General Conditions
Proposal Form
Bid Form
Affidavit— Bid Certification Form
Bid Security
Performance Bond
Bid Sheet(s)
Contract Document
Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel,
labor, materials, tools, equipment, and services (including all utility and transportation
services) required to perform the required services, all in accordance with the above listed
documents.
Bidder agrees to perform all of the required services and provide the equipment and
materials described in the Bid Documents, as follows:
Bidder has bid on all items and has provided a price for all requested services. The
Bidder acknowledges it understands all the requested services for which it has submitted
a bid.
24
The Bidder will complete and provide all labor, equipment, materials and mobilization (if
applicable) to perform the required services as incidental to the fixed item price for each
item proposed.
In submitting this bid, the Bidder understands that the Village reserves the right to add to
or subtract from the estimated quantities.
The Village intends to award one (1) contract (if at all) for the items bid. If written notice
of award of this bid is mailed, emailed or otherwise delivered to the Bidder at any time
before this bid is withdrawn, the Bidder agrees to execute and deliver the contract in the
prescribed form and furnish payment, or letter of credit, and the insurance certificates
required by the Bid Documents to the Village within ten (10) business days after receipt.
The Bidder, and as successful bidder/contractor upon award of the contract, understands
and agrees to the following:
1) The contractor agrees to provide all required services and items and material to the
Village as noted in the Bid Documents and comply with the requirements of the Bid
Documents.
2) The contractor agrees to comply with all applicable federal and state laws, rules and
regulations, and county and municipal ordinances, as described in the General
Conditions.
All Addenda pertaining to this project shall be acknowledged by the Bidder in the spaces
provided below:
Addendum
No.
Addendum -Date
Acknowledgement by Bidder or Authorized
Representative
Date
Acknowledged
Failure to acknowledge receipt, as provided above, may be considered sufficient grounds
for disqualification of the bidder and rejection of his/her bid submittal. A record of all
Addenda and copies of same will be available to all qualified bidders from the Village of
Mount Prospect Public Works Department, 1700 West Central Road, Mount Prospect,
Illinois two (2) days prior to the letting. It shall be the Bidder's responsibility to become
fully advised of all Addenda prior to submitting its bid.
Upon award of the contract, the Village will send Notice of Award to the successful Bidder,
the Bidder must then execute the contract and provide any required bonds or letter of
credit and certificate of insurance to the Village within ten (10) business days. The Village
will then issue a written Notice to Proceed. Failure to complete the work in the designated
time frame may result in the Director of Public Works withholding compensation due the
contractor for failure to complete the said work in the designated time frame, calling the
bond(s), or taking such other action as may be available.
Security in the sum of 500 in form of (check one):
Bid Bond Certified Check Bank Cashier's Check
is attached hereto in accordance with the "Instructions for Bidders' .
25
This Bid Submittal contains the following:
1) Bid Proposal Form —Exhibit A
2) Bid Form
3) Affidavit —Bid Certification Form
4) Bid Security
5) BID SHEET(S)
6) List of required references and equipment
Respectfully submitted:
Name of Firm/Bidder:
By: _
Title:
Date:
Contact Information:
Official Address:
Telephone:
Email:
(Signature)
K1
AFFIDAVIT — BID CERTIFICATION FORM
Bidder:
Company/Firm Name:
Address:
As a condition of entering into a contract with the Village of Mount Prospect, and under
oath and penalty of perjury and possible termination of contract rights and debarment, the
undersigned, being first duly sworn on oath, deposes
and states that he or she is (sole owner,
partner, joint ventured, President, Secretary, etc.) of
and has the authority to make all
(Name of Company)
certifications required by this affidavit.
Section I Non -Collusion
The undersigned certifies that this bid is genuine and not collusive or a sham, that said
bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any
bidder or person, to put in a sham bid or to refrain from bidding, and has not in any
manner, directly or indirectly, sought by agreement or collusion, or communication or
conference with any person, to fix the bid price element of this bid, or of that of any other
bidder, or to secure any advantage against any other bidder or any person interested in
the proposed contract.
Section II Bid Rigging and Rotating
The undersigned further states that
(Name of Company)
is not barred from bidding or contracting as a result of a conviction for violations of state
laws prohibiting bid rigging or bid rotating or any similar offense of any state of the United
States, as provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code, 720 ILCS
5/33E-31 33E-4.
Section III Drug Free Workplace
The undersigned further states that
(Name of Company)
provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 ILCS 580/1,
et seq., and has, to the extent not covered by a collective bargaining agreement that deals
with the subject of the Substance Abuse Prevention in Public Works Projects Act, 820
ILCS 265/1 et seq., a substance abuse prevention program that meets or exceeds these
requirements of that Act.
Section IV Tax Payment
The undersigned further states that
(Name of Company)
is
aQ
not delinquent in payment of any taxes to the Illinois Department of Revenue, in
accordance with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned
understands that making a false statement regarding delinquency in taxes is a Class A
Misdemeanor and, in addition, voids the contract and allows the municipality to recover
all amounts paid to the individual or entity under the contract in civil action.
Section V Sexual Harassment Policy
Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A),
every party to a public contract must:
"Have written sexual harassment policies that shall include, at a minimum, the following
information: (I) the illegality of sexual harassment; (II) the definition of sexual harassment
under State law; (III) a description of sexual harassment, utilizing examples; (IV) the
vendor's internal complaint process including penalties; (V) the legal recourse,
investigative and complaint process available through the Department (of Human Rights)
and the Commission (Human Rights Commission); (VI) directions on how to contact the
Department and Commission; and (VII) protection against retaliation as provided by
Section 6-101 of the Act. (Illinois Human Rights Act)."
A "public contract" includes: ...every contract to which the State, any of its political
subdivisions or any municipal corporation is a party." 775 ILCS 5/1-103 (M) (2002),
The undersigned further states that
(Name of Company)
harassment policy in place in full compliance with 775 ILCS 5/2-105 (A)
a written sexual
(4).
has
It is expressly understood the foregoing statements and representations and promises
are made as a condition to the right of the bidder to receive payment under any award
made under the terms and provisions of this bid.
The undersigned certifies that all information contained in this Affidavit is true and correct.
Signed by:
Signature
Name Printed:
Signed and sworn to before me this day of
My commission expires:
Notary Public
Title:
, 20
29
BID SECURITY
Included with this bid is a bank cashier's check, certified check or bid bond in the amount
of 500 by , the bidder, in favor of the Village of Mount
Prospect. It is hereby agreed that, should bidder be awarded the contract for services
contemplated under this bid and fail or refuse to execute a contract for the performance
of said services, or to provide the required payment, or letter of credit, and certificate of
insurance, then this security, in the amount stipulated above, shall be forfeited and may
be retained by the Village of Mount Prospect as liquidated damages and not as a penalty.
All bids to remain firm for a period of ninety (90) days after bid opening date.
SUBMITTED THIS DAY OF
SEAL (if corporation)
20
Bidder:
Bidder's Agent and Agent's Title
Title
Note: If bidder is a partnership, the bid must be signed by at least two of the partners.
Note: If bidder is a corporation, the bid must be signed by an authorized officer of the
corporation, attested and sealed by the secretary or other authorized officer.
If a corporation, note here the state of incorporation:
Incorporated under the laws of the State of
30
PERFORMANCE BOND
Bond No. :
Principal Amount:
Contract:
KNOWN ALL MEN BY THESE PRESENTS, that Contractor
,as
Principal (hereinafter "Contractor"), and with main
office at , a corporation of the state of
,as Surety (hereinafter "Surety"), are held and firmly bound unto the Village
of Mount Prospect, an Illinois municipal corporation (hereinafter "Village"), in the penal sum of
Dollars ($ ), lawful money of the United
States, for the payment of which, we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has entered into a written agreement with the Village dated
(hereinafter "Contract"), for Parkway Restoration Contract 2020-
2021 in accordance with the specifications prepared by the Vlllaeg of Mount Prospect, which
Contract is incorporated herein and made a part hereof.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor
shall fully, promptly and completely discharge the Contract and all duly authorized modifications,
alterations, changes, or additions to said Contract as may hereafter be made, and during the life
of any guaranty required under the Contract, and, if Contractor shall fully secure and protect the
Village from all liability and from all loss or expense of any kind, including all court costs and
attorneys' fees made necessary or arising from the failure, refusal or neglect of Contractor to
comply with all obligations assumed by Contractor in connection with the performance of the
Contract and all such modifications, alterations, changes, or additions, then this obligation shall
be null and void; otherwise it shall remain in full force and effect.
Upon receipt of written notice from the Village that the Contractor is in default, and
performance by the Village of its obligations under the Contract, Surety will promptly (1) remedy
the default; (2) arrange for the performance of Contractor's obligations under the Contract through
the use of qualified contractors acceptable to the Village; or (3) notify the Village that it may hire
a contractor to complete Contractor's obligations under the Contract. Surety will promptly notify,
in writing, the Village of which option it is exercising. Failure of the Surety to elect an option within
fifteen (15) days of receipt of the notice from the Village shall constitute authorization to the Village
to complete the improvements at Surety's expense.
The balance of the contract price shall be credited against the cost of completing and/or
correcting the Contractor's performance under the Contract. If the cost exceeds the balance of
the contract price, the Surety shall pay the excess amount to the Village, up to a maximum of the
principal amount of this Bond. If the Surety arranges for completion and/or correction or remedies
the default, the balance of the contract price that is required to complete, correct or remedy the
default shall be paid by the Village to Surety. Surety will be responsible, up to the maximum of
the principal amount of this Bond, for payment for correction and completion of the Contract, any
additional legal, design professional or delay costs arising from Contractor's default and/or
resulting from action or inaction on the part of the Surety and liquidated damages, or, if no
liquidated damages are provided for in the Contract, actual damages caused by delayed
performance or non-performance by the Contractor or Surety. The Village shall not be required
to pay Surety more than the balance of the contract price.
32
The term "balance of the contract price" means the total amount payable by the Village to
the Contractor under the contract, and any amendments thereto, less the amounts paid to the
Contractor by the Village.
Any suit under this Bond must be filed before the expiration of two years from the date on
which final payment under the Contract is due or the applicable statute of limitations, whichever
is longer. No right of action shall accrue on this Bond to or for the use of any person or corporation
other than the Village or its heirs, executors, administrators or successors. Any proceeding, legal
or equitable, under this Bond may be instituted in a court of competent jurisdiction in the location
in which the work is located. Notice to any of the parties shall be mailed to the appropriate address
listed above.
Surety hereby waives notice of any modifications, alterations, changes, additions or
extension of time in the Contract.
Signed and sealed this day of
Contractor
By:
Signature
Title
ATTEST:
Corporate Secretary (corporations only)
STATE OF
COUNTY OF
, 202
S u rety
Officer Of The Surety
Title
Address:
MMT ORY
I, , a Notary Public in and for said county, do hereby
certify that
(Insert Name of Attorney -In -Fact for Surety)
who is personally known to me to be the same person whose name is subscribed to the foregoing
instrument on behalf of Surety, appeared before me this day in person and acknowledge
respectively that he/she signed, sealed, and delivered said instrument as his/her free and
voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal this
Notary Signature:
day of
My Commission expires:
,202
33
BID SHEETS
PARKWAY RESTORATION CONTRACT 2020 - 2021
The undersigned herewith submits a bid on the "PARKWAY RESTORATION CONTRACT 2020
- 2021" in accordance with the attached documents. All bids are to be delivered to the office of
the Village Manager at 50 S. Emerson Street, 3rd Floor, Mount Prospect, Illinois 60056, prior to
1:00p.m. on March 4, 2020.
SCHEDULE OF PRICES
We will perform the services as outlined in the PARKWAY RESTORATION CONTRACT 2020 - 2021 for
sums as follows:
2020
Cost to remove/dispose of backfill or rototill as specified, furnish/install topsoil and sod, and water
once
2021
$
Estimated
Extended
Combined Extended Cost Sodding 2020-2021
Unit Cost Per
Quantity in
Estimated Cost
Square Yard
Square Yards
for 2020
Regular and
Utility Sodding
$
5000
$
Cost to remove/dispose of backfill or rototill as specified, furnish/install topsoil and sod, and water
once
2021
Cost to remove/dispose of backfill or rototill as specified, furnish/install topsoil and sod, and water
once
Extended Sodding Cost 2020
$
Estimated
Extended
Combined Extended Cost Sodding 2020-2021
Unit Cost Per
Quantity in
Estimated Cost
Square Yard
Square Yards
for 2021
Regular and
Utility Sodding
$
5000
1 $
Cost to remove/dispose of backfill or rototill as specified, furnish/install topsoil and sod, and water
once
Extended Sodding Cost 2020
$
Extended Sodding Cost 2021
$
Combined Extended Cost Sodding 2020-2021
$
Unit Cost Per
Sauare Yard
2020/2021
Estimated
Quantity in
Sauare Yards
Extended
Estimated Cost
Additional Sod
Waterings 1 $ 1000 $
Cost per watering, per square yard (water supplied by Village) -NOT INCLUDED IN BID
TALLY
34
Submitted this day of , 20 .
Mark outside of envelope: " PARKWAY RESTORATION CONTRACT 2020 - 2021 "
and deliver to the Village Manager's office at 50 South Emerson Street 3rd Floor,
Mount Prospect, Illinois, 60056, by 1:00 p.m., MONDAY, March 4, 2020.
Also, note any exceptions to the specifications:
COMPANY OWNER/BIDDER
ADDRESS
PHONE #
SIGNATURE
CITY, STATE, Z I P
Email
, 20 .
DATE SUBMITTED
Note: All bids to remain firm for ninety (90) days. Be sure to mark the outside of
the envelope, "Sealed Bid for PARKWAY RESTORATION CONTRACT 2020 -
2021."
OR
EXHIBIT B
VILLAGE OF MOUNT PROSPECT
PARKWAY RESTORATION CONTRACT 2020 - 2021
THIS AGREEMENT (hereinafter the "Contract") is entered
Mount Prospect, an Illinois home rule municipality
, an ,
Illinois, (hereinafter the "Contractor").
1. GENERAL As stated in the bid document.
2. SPECIFICATIONS As stated in the bid document.
into by and between the Village of
(hereinafter the "Village"), and
located at ,
3. CONTRACTOR RESPONSIBILITY FOR PROPERTY/HOLD HARMLESS
Contractor agrees to defend and hold harmless the Village from and against all demands,
claims, suits, costs, expenses, damages and adjustments based upon any infringement
of any patent relating to goods specified in the contract, and on account of the Village's
use of any copyrighted or uncopyrighted, composition, trade secrets, secret process,
proprietary rights, patented of unpatented invention, article or appliance furnished or used
under the proposal Specifications.
4. ADHERENCE TO LAWS
Employees and agents of Contractor shall obey all federal, state, county and municipal
laws and ordinances during the execution of their duties under this Contract. The
existence of this Contract does not exempt such individuals from compliance with such
laws or ordinances, nor does it convey any special rights or privileges upon those
individuals.
Contractor shall meet all applicable licensing requirements of the Village.
In addition, Contractor is required to comply with all federal, state, county and municipal
laws and ordinances, including the following:
a. Provide a drug free workplace pursuant to the Illinois Drug Free Workplace Act (30
ILCS 580/1, et seq.);
b. Comply with the Illinois Public Works Employment Discrimination Act (775 ILCS
10/1 et seq.);
C. Comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et seq.),
and the Rules and Regulations of the Illinois Department of Human Rights,
including establishment and maintenance of a sexual harassment policy as
required by Section 2-105 of that Article and Act;
d. Comply with the Americans with Disabilities Act; and
e. Comply with the provisions of the EQUAL EMPLOYMENT OPPORTUNITY
CLAUSE required by the Illinois Department of Human Rights as a material term
of all public contracts, which states as follows:
.;W
Title 44, Part 750, Section 750, APPENDIX A, Illinois Administrative Code, Equal
Employment Opportunity Clause
EQUAL EMPLOYMENT OPPORTUNITY
In the event of contractor's non-compliance with the provisions of this Equal Employment
Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the
Illinois Department of Human Rights ("Department"), contractor may be declared ineligible
for future contracts or subcontracts with the State of Illinois or any of its political
subdivisions or municipal corporations, 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 this contract, the
contractor agrees as follows:
1) That it will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, marital status, national origin or ancestry, age,
physical or mental handicap unrelated to ability, or an unfavorable discharge from military
service; 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.
2) That, if it hires additional employees in order to perform this contract or any portion
thereof, it will determine the availability (in accordance with the Department's Rules) of
minorities and women in the area(s) from which it may reasonably recruit and it will hire
for each job classification for which employees are hired in such a way that minorities and
women are not underutilized.
3) That, in all solicitations or advertisements for employees placed by it or on its
behalf, it will state that all applicants will be afforded equal opportunity without
discrimination because of race, color, religion, sex, marital status, national origin or
ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable
discharge from military service.
4) That it will send to each labor organization or representative of workers with which
it has or is bound by a collective bargaining or other agreement or understanding, a notice
advising such labor organization or representative of the contractor's obligations under the
Illinois Human Rights Act and the Department's Rules. If any such labor organization or
representative fails or refuses to cooperate with the contractor in its efforts to comply with
such Act and Rules, the contractor will promptly so notify the Department and the
contracting agency and will recruit employees from other sources when necessary to fulfill
its obligations thereunder.
5) That it will submit reports as required by the Department's Rules, furnish all
relevant information as may from time to time be requested by the Department or the
contracting agency, and in all respects comply with the Illinois Human Rights Act and the
Department's Rules.
6) That it will permit access to all relevant books, records, accounts and work sites
by personnel of the contracting agency and the Department for purposes of investigation
to ascertain compliance with the Illinois Human Rights Act and the Department's Rules.
7) That it will include verbatim or by reference the provisions of this clause in every
subcontract it awards under which any portion of the contract obligations are undertaken
or assumed, so that such provisions will be binding upon such subcontractor. In the same
manner as with other provisions of this contract, the contractor will be liable for compliance
37
with applicable provisions of this clause by such subcontractors; and further it will promptly
notify the contracting agency and the Department in the event any subcontractor fails or
refuses to comply therewith. In addition, the contractor will not utilize any subcontractor
declared by the Illinois Human Rights Commission to be ineligible for contracts or
subcontracts with the State of Illinois or any of its political subdivisions or municipal
corporations.
With respect to the two types of subcontracts referred to under paragraph 7 of the Equal
Employment Opportunity Clause above, following is an excerpt of Section 750.30 of the
Department of Human Right's Rules and Regulations for Public Contracts:
Title 44, Part 750, Section 750.30, Illinois Administrative Code, Subcontracts
Each public contractor and subcontractor shall in turn include the Equal Employment
Opportunity Clause set forth in Appendix A of this Part in each of its subcontracts under
which any portion of the contract obligations are undertaken or assumed, said inclusion to
be either verbatim or by reference so that the provisions of the clause will be binding upon
such subcontractors.
5. FEE SCHEDULE
The charges to be assessed by Contractor under this Contract are set forth in the fee
schedule contained in Exhibit A.
6. LOG BOOK, RECORDS & REPORTS REQUIRED
The Contractor shall provide the Village with a written status report on its provision of
services required by the Contract. This report shall be due before the tenth day of the
following month.
7. METHODS OF PAYMENT
Payment under the Contract will be made in accordance with the Illinois Local Government
Prompt Payment Act, 50 ILCS 505/1 et seq.
8. HOLD HARMLESS AGREEMENT (CONTRACTUAL LIABILITY
Contractor assumes full responsibility for the acts and omissions of its employees and
agents while engaged in performing services under the Contract. Contractor agrees, to
the greatest extent permitted by Illinois law, to protect, indemnify, save and hold forever
harmless the Village, its officers, appointed and elected officials, Mayor and Board of
Trustees, employees, volunteers, attorneys and agents from and against any and all
liabilities, obligations, claims, losses, damages, penalties, and costs and expenses
resulting from any suit, claim, demand, judgment, or cause of action initiated by any
person, including Contractor and its officers, officials, employees, subcontractors,
volunteers and agents, arising out of, connected with, or in any way associated with the
performance of services covered by this Contract or the equipment used in connection
therewith.
9. CONTRACTOR'S LIABILITY INSURANCE
Contractor shall not commence with the performance of services under this Contract until
it has obtained all insurance required hereunder and such insurance has been approved
by the Village. Certificates of such insurance shall be filed with the Village prior to
commencing work. Additionally, Contractor will provide the Village with a letter from the
insurance carrier that the Village will be notified within thirty (30) days of the pending
cancellation of any policy relating to this Contract.
W
Each insurance company shall be subject to approval by the Village, and the respective
policies shall name the Village as an additional named insured. Approval of the insurance
by the Village shall not relieve or decrease the liability of Contractor hereunder. Such
insurance is primary and in no event will be considered contributory to any insurance
purchased by the Village. Such insurance will not be canceled, reduced, or materially
changed without providing the Village thirty (30) days advance written notice, via certified
mail.
Contractor shall maintain all insurance required under subsections a through h of this
Section for not less than one (1) year after completion of this contract.
10. CONTRACT TERMINATION
The Village and Contractor reserve the right to terminate the Contract at any time upon
ten (10) days advance written notice to the other party. In addition to the provisions set
forth in Section General conditions (A,8) for immediate termination, failure of Contractor
to perform any aspect of this Contract properly and/or to provide proper treatment to the
general public, in the sole discretion of the Village, is cause for immediate termination of
the Contract without prior notice.
11. LENGTH OF CONTRACT
Contract shall be in effect beginning March 18, 2020 and shall remain in effect until
December 31, 2021, unless terminated by either party under the conditions specified in
Section 10, Contract Termination.
However, if both the Village and the Contractor agree, the contract may be extended for
one (1) additional year at the same bid prices as the second year. Village will advise the
Contractor of its wishes by mid-December 2021 for a possible extension into 2022. If an
extension is offered, the contractor will need to inform the Village of his decision no later
than December 31St, of that year. Additionally, if a contract is extended, the Contractor
shall then be required to submit each year an updated certificate of insurance, proof of
Mount Prospect business license or contractor's license and any required bonds. All
contract deadlines will be one year later than those listed for year two.
All awards are subject to future funding and budget approval by the Board of
Trustees. Should the contract be terminated due to lack of funds, the Village will provide
as much notice as possible and as soon as possible.
12. COMPLIANCE WITH FREEDOM OF INFORMATION ACT REQUEST
The Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1 et seq., applies to public
records in the possession of a party with whom the Village has contracted. The Village
will have only a very short period of time from receipt of a FOIA request to comply with the
request, and there is a significant amount of work required to process a request including
collating and reviewing the information.
Contractor acknowledges the requirements of FOIA and agrees to comply with all requests
made by the Village for public records (as that term is defined by Section 2(c) of FOIA) in
its possession and to provide the requested public records to the Village within two (2)
business days of the request being made by the Village. Contractor agrees to indemnify
and hold harmless the Village from all claims, costs, penalty, losses and injuries (including
but not limited to, attorney's fees, other professional fees, court costs and/or arbitration or
other dispute resolution costs) arising out of or relating to its failure to provide the public
records to the Village under this Contract.
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13. Contractor shall not assign this Contract or any part thereof without the prior written
consent of the Village. Approval, if any, for such assignment shall be made by the
Corporate Authorities of the Village. This Agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective assigns, legal representatives and
successors in interest.
14. GOVERNING LAW
This Contract shall be governed by and construed in accordance with the laws of the State
of Illinois and applicable federal law. Venue shall only be proper in a court of competent
jurisdiction located within the County of Cook, Illinois.
15. SEVERABILITY
The invalidity or unenforceability of one or more of the terms or provisions contained in
this Contract shall not affect the validity or enforceability of the remaining terms and
provisions of this Contract so long as the material purposes of this contract can be
determined and effectuated.
16. INTERPRETATION
Any headings of the Contract are for convenience of reference only and do not define or
limit the provisions thereof. Words of gender shall be deemed and construed to include
correlative words of other genders. Words importing the singular shall include the plural
and vice versa, unless the context shall otherwise indicate. All references to any person
or entity shall be deemed to include any person or entity succeeding to the rights, duties
and obligations of such person or entity succeeding to the rights, duties and obligations of
such person or entity in accordance with the terms and conditions of the Contract.
17. WAIVER OF BREACH
If either party waives a breach of any provision of this Contract by the other party, that
waiver will not operate or be construed as a waiver of any subsequent breach by either
party or prevent either party from enforcing such provisions.
18. MERGER - AMENDMENT
This Contract sets forth the entire understanding of the parties relative to the subject
hereof and supersedes any and all prior agreements, express or implied, oral or written.
No amendment or modification of this Contract shall be effective unless reduced to writing
and executed by the parties.
19. COUNTERPARTS
This Contract may be executed in several counterparts each of which shall be an original
and all of which shall constitute but one and the same instrument.
20. EFFECTIVE DATE
The Effective Date of this Contract shall be the date executed by the Village President,
and attested by the Village Clerk.
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In Witness thereof, the said parties have executed and signed this contract
on
Attest:
Karen Agoranos, Village
Clerk
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Corporate Name:
Its
Attest:
Secretary
(Corporate Seal)
VILLAGE OF MOUNT PROSPECT, an
Illinois Municipal Corporation
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