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HomeMy WebLinkAboutTurf Mowing Contract6/7/2017 BoardDocs® Pro IN Agenda Item Details Meeting Jun 06, 2017 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - 7:00 p.m. Category 8. VILLAGE MANAGER'S REPORT Subject 8.1 MOTION TO WAIVE REQUIREMENTS FOR PUBLIC BIDDING AND AWARD A CONTRACT FOR Alvarez Landscaping TURF MOWING IN AN AMOUNT NOT TO EXCEED $55,525. Access Public Type Action Preferred Date Jun 06, 2017 Absolute Date Jun 06, 2017 Fiscal Impact Yes Dollar Amount 55,525.00 Budgeted Yes Budget Source GENERAL FUND Recommended STAFF RECOMMENDS THAT THE VILLAGE BOARD WAIVE THE REQUIREMENTS FOR PUBLIC Action BIDDING AND AWARD A TWO (2) YEAR CONTRACT FOR TURF MOWING TO ALLSCAPE, INCORPORATED IN AN AMOUNT NOT TO EXCEED $55,525. YEAR 2 EXPENDITURES WILL BE AT BID RATES BUT LIMITED TO FUNDS APPROPRIATED IN THE 2018 BUDGET. Public Content Information Sealed bids for the 2017-2018 turf mowing contract were opened on February 13, 2017. On March 7, 2017, the Village Board awarded the work to the lowest cost bidder, Alvarez Landscape (Alvarez), in an amount not to exceed $50,000 in 2017. Next year's expenditures were to be at bid rates but limited to funds appropriated in the 2018 budget. For reference, the tabular results of the bid opening are reprinted in Table 1 below: Table 1 (Reprinted from March 7, 2017 Village Board agenda) Contractor 2017 2018 1Total cost Alvarez Landscaping $47,606.02 $47,606.02 $95,212.04 Allscape $84,968.00 J$84,968.00 $169,936.00 Fleck's Landscaping $85,766.00 $85,766.00 $171,532.00 Moore Landscapes $150,214.00 $150,214.00 $300,428.00 The scope of work includes of 29 acres of weekly turf mowing at 75 distinct, publicly owned sites throughout Mount Prospect. Bidders submitted a weekly cost to mow each individual site. Alvarez had not performed work for the Village of Mount Prospect in the past. However, reference checks, including telephone interviews with contract administrators, indicated the firm had ample resources and experience to perform the specified work. hftps://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login# 1/3 6/7/2017 BoardDocs® Pro Alvarez began mowing on April 3, 2017. On April 27, 2017 we were contacted by the project manager for Alvarez who stated that they had "under bid" the project and wanted to talk to the Village about adjusting their bid price. Staff advised Alvarez that terms and prices could not be modified after award and execution of the contract without re -bidding the work to avail similar opportunity to other contractors. Staff subsequently engaged further discussion of Alvarez' issues and suggested that they not string trim all the sites every week but rather every other week, or as needed. Staff also suggested that better routing of work crews could reduce personnel requirements and improve crew efficiency. Alvarez agreed to implement staff's suggestions. On May 8, 2017 staff contacted Alvarez to notify them of contract performance deficiencies. Specifically, our inspections indicated that all mowing areas were not receiving adequate quality or frequency of service. On the same day, in response to our outreach, we were contacted by the vice president of Alvarez, who apologized for their poor performance and asked that they be released from the contract. Subsequently, staff held a meeting with both the vice president and project manager from Alvarez on May 11, 2017 to discuss the matter in further detail. At this meeting, Alvarez again stated that they "underbid" the project, and asked for an increase in their rates or a reduction in the scope of work. Staff declined these requests. On May 19, 2017, staff received an email from Alvarez' vice president formally requesting release from the contract and requesting that the transmittal be received as their formal ten-day notice of termination required by contract provisions. The Village Attorney has determined that this notice satisfies Alvarez' contractual obligation. For reference, a copy of this email is attached. The turf mowing contract provides that either party, the Village or the contractor, can elect to terminate the agreement upon ten (10) days written advanced notice. The contract does not require a performance bond to guarantee completion of the work. Analysis of previous turf mowing contracts containing a performance bond requirement indicated the provision yielded inflationary pressure on bid prices and a limiting effect on the volume of bidders. Staff concluded that the nature of the landscape maintenance market place does not ubiquitously support work bonding as a business practice. Other than a detrimental effect on their work history, Alvarez will not incur a significant financial penalty for terminating this contract. Staff now seeks Village Board approval to hire a new contractor to complete the remainder of the Alvarez' two (2) year contract. It is the opinion of staff that re -bidding the work at this juncture would not serve the best interests of the Village. Re- bidding would require a 4-6 weeks hiatus, during the height of growing season, in order to let a new bid, award a contract, and mobilize a new contractor. Furthermore, it is also staff's opinion that the results of the February 2017 bid letting are sufficiently recent and remain a valid representation of the market place. In addition, it is likely that the timing of a turf mowing bid letting so late in the growing season would limit bidders to poor performers with inadequate books of business or larger firms willing to absorb the new work at premium rates. As soon as Alvarez indicated they were looking to be released from the contract, staff contacted Allscape Contractors, Inc. of Romeoville, Illinois (Allscape), the second lowest bidder from the February 2017 bid opening, to see if they were still interested in the work. The owner of the company indicated that he was, and could assume the contract within two (2) weeks. A copy of Allscape's bid submittal is attached. Allscape has not performed work for the Village in the past. However, all of their bid submittal references provided very favorable reports. We also asked Allscape to provide additional references. All of the additional references, including a reference for municipal work from the Village of Cary that is essentially the same size and scope as our contract, also hftps://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login# 2/3 6/7/2017 BoardDocs® Pro indicated that Allscape's work was satisfactory and that they consistently adhered to the specifications of the respective contracts. Alternatives 1. Waive the requirements for public bidding and award a two (2) year contract for turf mowing. 2. Action at discretion of Village Board. Staff Recommendation Staff recommends that the Village Board waive the rules requiring public bidding and award a two (2) year contract for turf mowing to Allscape Contractors, Inc. of Romeoville, Illinois in an amount not to exceed $55,525 in 2017. Expenditures in 2018 will be at bid rates but limited to appropriations authorized in the 2018 budget. 2017-2018 - Turf Mowing Contract - Allscape Contractos, Inc.pdf (5,097 KB) Alvarez' Notice of Termination.pdf (68 KB) Administrative Content Executive Content hftps://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login# 3/3 EMBIT A (Upoin award of contract, to be attached to TURF MOWING CONTRAO 17-2018 as Exhibilt A) Bid Pro;•iosal Form Village of'Mount Prospect TURF MOWING CONTRACT 2017-20!1�8 OWNER INFORMATION Owner Name: Business Name: CAP rt_ Q1k) P4,ql A-UVib t Al L - Business Address: -r I Av'-0vt Lu, I L. Home Phone* Li 60 Business Phone) This Business is, a: � Individual Proprietorship El Joint Venture El Partnership [K Corporation I L4 6 O'S l4A"-t 0c�' ��a�c� 06A Mas the applicant, business, or member of the business ever had a license or contract revoked, suspended or canceilled? YES SQ NO If y,es, expdetail on a separate sheet •r_ 24 11 P a g e Does the bus,ines,s currently hold a license or have a contract with any other municipality for ll -Mb ervice? YES NO If yes,, explain in full on a separate sheet of paper. Have any complaints against the business been filled with the Ill'inois Commerce Commission, the Office of the Illinois Attorney General, or any other governmental body during the period' of one i . I YES NO year prior to the date of this proposal'? [:]i 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 complainits and'/or pending complaints made against the business or owner. In submitting! this Proposal Form requesting award of the Village of Mount Prospect TURF MOWING CONTRACT 2017-2018, 1 hereby certify that - 1 - I will not assign or subcontract anly cointracted work oir 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 crimlinal 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; 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 seq.); 6 1 sha,ll comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et §fq.), and the Rulles and Regulations of the Illinois Department of Human Rights, i—ncl'uding 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; 8. 1 shall comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1 et seq.); and 251 P a g le 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 TURF MOWING CONTRACT 2017-2018, 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 TURF MOWING CONTRACT 2017-201& s- L-0 NV V Position in Company 6 -0-- - PhioneNva. SK Li,14--o�3, Date -,2 1 � "� � Ili BID FORM TURF MOWING CONTRACT 2017-2018 Village of Mount Prospect Department of Public Works FF OK— Pk it Lxjj ( ),j &— P-omL,o \1 t , I L- - SM TO: Office of the Village Mianagier, 3rd Floor 50 South Emerson Street �Mount Prospect, Illinois 60056 (hereinafter called "Village" or "Village of �Mount Prospect") TURF MOWING CONTRACT 2017-20118 The bidders have faimiliarized 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 whiich iinclude illotice, to Bidders Table of ConN- ". r eBid Packet Information Instructions for Bidders Specifications General Conditions Bid Form – Exhibit A Bid Form Affidavit – Bid Certification Form Bid Security Price Sheets Contract – Exhibit B 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 ini, 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. The Bidder wil�l complete and provide all llabor, equipment, materials and mobilization (if applicable) to perform the required services as incidental to the fixed item price for each item propoed, 281 P age - - - - - - - - - - - - - - ----------- Failure to acknowledge receipt, as provided above, may be considered sufficien) 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, Moun) 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 o -r letter of credit and certificate of insurance to the Village 0) business days. The Village will then issue a writtNotice 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 $500.0 in form of (check one) Bid Bond Certified Check Bank Cashier's Check i's attached hereto in accordance with the "Instructions for Bidders". In addition to Exhibit A (Bid Proposal Form), this, Bid Submittal contains the followinig: 1) Bid Form 2) AffidavitCertification Form 3) Bid Security 4) BID SHEET(S) 5) List of required references and equipment Respectfully submitted: 0 (Signature) Title: Date: 1, '7 Official Address: -7 s q � - <, rfz. "7-6 ----------------- ... O.q'i L Telephone: 14 Go �Email: O'j i '-T 00- 0 E*N:494 UA 0 1"ZMAN NJ loil] Included with this proposal is a bank cashier's check, cert�ifiled check or bid bond in the, amount of $500.00 the proposer, in favor of the Village of Mount Prospect. It is hereby agreed that, should bidder be awarded: the contract for services contemplated under this proposal and fail or refuse to ex�ecute 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 proposals to remain firm for a period of ninety (90) days after bid opening date. SUBMITTEDDAY THIS 0 "1 20-13 SEAL if corporation) ....... .... . .. Fil r V =- 4. )�j 4y L Bidder's Agent and Agent's Title Vit,. , Note: If proposer is a partnership, the proposal must be signed by at least two of the partners. Note4 If proposer is a corporation, the proposal must be s,igned' by an authorized officer of the corporation, attested and sealed by the secretary or other authorized officer. Incorporated under the laws of the State of 34 1 P a g e Company/Firm Name: EU( -'s C, t-0 AS Address. L 0 41., 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 u�ndersign,ed, ,/ , being first duly sworn on oath,, deposes and states that he or she is eq:!i5. $ A & Air (sole owner, partner, joint ventuired�, President, Secretary, etc.) of &--- I Aj and has the authority to make all (Name of Company) certifications required by this affidavit. Section I The undersigned certifies that this bid is ge,nuiine and not collusive or a sha,m, that said blid�d�er has not collu�ded, conispired, conniived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from biddingi, and has not in any manner, directly or indirectly, sought by agreement or collusion, or commiuinication 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 Bid Rigging and Rotating The undersigned further states that ALL,�;CAA�,, (Name of Company) is not barred from biiddingi 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 i United States, as provided' in Sections 33E-3 and 33E-4 of the Illinois Crilmiinal Coide, 7201 ILCS 5/33E-3, 33&4 Section III Drug Free Workplace The undersigned further states that (4ame of Company)i provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 ILCS 580/1 , et seq., an, d has, to the extent not covered by a collective bargaining agreement that deals with, the subject of the Substance Abiluse Prevention in Public Works Projects Act, 820 65/1 et seq., a substance abuse prevention program that meets or exceeds these requirements of that Act. 32 d P a g e Section IV Tax Payment The undersigned further states that cc)!"` _op,� is (Name of Company) not dlellinquent in payment of any taxes to the Illinois Department of Revenue, in accordance w,ith Illinois Compiled Statues, 65 IL�S 5/11-42.1The undersigned understands that making a false statement regarding dielinquency in taxes is a Class A Misdemeanor and, in addition, vioids 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 Hum�an Rigihts Act, 775 ILCS 5/2-105 (A), every party to a public contract must -i "Hi ave written sexual harassment policies that sihall include, at a minimum, the following information- (1) the illegality of sexual harassment; (11) 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)i the legal recourse, investigative and! compla!int 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.-.– ktASO,NJ Ti? Arc, I -e) /L ct, has (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 foreigoiing statements and representatl ons and promises are made as a condition to the rigih!t 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: _ — Title: V Name Printed: Signature t-]!5 day of F hl 12 /Z 20/'7 0MCIAL SEAL RYAN S EGGERT Notary Public S'fl'ate of flhnois My Commis5jon Expaes, Apr 7, 2017 33 1 F a g e r The undersignied herewith submits a bid on the Turf Mowing Contract 2017-2018 in accordance with the attached documents. All bids w be delivered to VillageHiall, Office of «s- Manager,Floor,! S. Emerson Street, Moiun,t Prospect, 60056, prior to 1 3iO pm on February 13, 2017. wingLocations 0.01 RIVER RD. EAST SIDE (SRMIN0LF,.; `8"0 1.RIVER 2 RIV R RD. WI SI SIIDB (SEMINCILE TO RIVER W S'T C..°T. ._ w . NAI ID IiD. S.W CJCDICNL IT.a PARKWAY CDNI 02.0.01 MAN DEL I..,ANh CAMP MC DO � _.E.� �._.�...__. 02.0.02 RIVER RD. WI,ST SIIDI`- (IjIM°I-IINTD I42N1 I AICD 03.0.01 RIVER R.D. WEST SI DIM, (I UC.I.1 D TCD HOPI) 03.0.04 MO'IC I & PEC OS NORTH T H SI dy (FROM 2026 HOPITO CD END OF I" NCQ_ _ 03.0.05 EUCLID' OSID I, S "m(B�'"C'S'I^I;1�'h�"IS. CENTRAL I.I. 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All 16.1-05 BUSSE RD, NOR1,11 OF SUSAN 3125 16Z01 El MHU RST AVENUE CEN'rER ISLANDS 16,766 EVERGREEN CENTER ISLANDS 4,936 ..1'6,2.06 1&101 RUSSE, RD, EAST S11?E; RUS' YTO ESTA'FES) 28X7 16,3,02 Oj1BWA,'rR,A1L WESTS1 D FROM 4 19-42 1) 1&3,10114 WELL 4 1111 1 (BACK BY GOLF COURSE MAfNTENANCE' SHT) 2,594 17.0,04 PROSPECT AVE. NORTH SIDE KENILWORT14 FAST* TO GUARDRAIL) 36,400%*W 17.0.05i PROSPE(71'AVE. NORTUSIDE (YA_�'%�NTLOT - NORTH OF 210 N. KENJ11W01C11f) 32,700 $ :Z GRAND, WEEKLY TOTAL ESTIMATEDTOTAL SQUARE FEET 1,684,291 *Square footage is approximate; bidders sliould verify Weekly Total times 38 Weeks Combined I otal of 2017 and, 20, er weeks Submittedday this of 20117 Mark outside of envelopei: "S EALED BID FOR TURF MOWING CONTRACT 2017-2018"' and deliver toi the VILLAGE HALL, Office of Village Manager!, 3m Floor, 50 S. EMERSON ST, Mioospect, IL 60066. BID OpieniIDA Y, February 13, 2017 at 1:30i pirn Name of Company/Firm: Address of Company/Firm- -7 a _je!2e one: Address: Siginature-, M ITIm NOEMWO. THIS AGREEMENT (hereinafter the "Contract") iis entered into by and between the Village of Mount Prospect, an, Illinois home, rule municipality (hereinafter the "Village"), and CN -p r7z;, an C 0 d- f-> located' at JA Illinois, (hereinafter the "Contractor"). 1 CONTRACTOR RESPONSIBILITY FOR PROPERTY/HOLD HARMLESS Contractor agrees to defend and hold harmless the Viilllage 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 w, -• invention', article oppliance furnished or used undeir the bid Specifications. 4ADMERERCE TO LAWS Employees and; agents, of Contractor shall obey all federal, state, county and 1 municipal laws and ordIina,nices 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 inidi'viduals. i I Ili I i I �iii ii i i 1 2111 1 Ill - I'n addition, Contractor is required to coimply with all federal, state, county and municipal laws and ordinances, including the following-, a. Provide a drug free workpilace pursuant to the Illinois Drug Free Workplace Act (30 ILCS 580/1, et seq.); bComply with the Illinois Public Works Employment Discrimination Act (775 1 LC S 10/1 et s,eq�.) ; C. Comply with Article 2 of the Illinois Humain Rights Act (775 ILCS 5/2-101, tt aM), 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 401 P a g e e. Comply with the provisions of the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE required by the lIfinois Department of Human Rights as a material term of all public contracts, which states as follows: Title 44, Part 750, Section 760, APPENDIX A, Illinois Administrative Code, Equal Employment Opportunity Clause 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 corporationsi, and' the contract may be cancelled or voided in whole or in N. and such other sanctioor penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract�, the contractor agrees as foilloiws: 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 toalbility, or an unfavorable discharN,` frod further that it will exam,ine all job classifications to determine if minority persons, or women are underutilized and will take appropriate affirmative action to rectify any such underutilization, 2) Tha�t, if it hires ad'd'itional employees in order to perform this contract or I 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 empiloyeeis are hired in such a way that mlinorities 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 opportuniity 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 siubimit 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 Rig,hits Act and'the Department�"s Rules. 6) permit access to all relevant books, records, accounts and wM rk 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 whiich 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 contractN r will be liable for compliance with applicable provisions of thiis 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. l'in addition, the contractor will not uti�liz�e any subcontractor declared by the Illinois Human Rights Commission to be ine,ligible for contracts or subcontracts with the State of Illinois or any of its politicall 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 Righit's Rules and Regulations for Public Contract& Title 44, Part 750, Section 75i1i.30, Illinois Administrative Code, Subcontracts Each public contractor and subcontractor shaill On turn iniclude the Equal Employment Opportunity Clause set forth in Appendix A of this Part in each of its r.ubicontracts under which any portion of the contract obligations are undertaken *r assurned, said inclusion to be either verbatim or by reference so that the provisions of the clause wiill 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 shaill' 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. 7i METHOiDS O .® Payment under the Contract will be made in accordance with the Illinois Local Government Prompt Payment Act, 50 ILCS 505/1 et seq. 42 1P a g e 1 8. HOLD HARMLESS AGREEMENT (CONTRACTUA,L LIAB,ILIITY) •intractor assumes full responsibility for the acts and omissions of its empiloyees, and agents whiile engaged in performing services under the Contract. Contractor agrees, to the greatest extent permiitted 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, cla,im, 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. S. CONTRACTOR'S LIABILIT " YINSURANCE ntractor shall not commence with the performance of services under this Contract until it has obtained al:l insurance required hereunder and siluch 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 carrieir that the Village will be notified within thirty (30) days of the, peniding cancellation of any policy relating to this Contract. 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 M' f Contractor hereunder. Such insurance is primary and in no event will be considered contributory to any insurance purchased by the Vil�lage. Such insurance will not be canceled, reduced, or materially changed without providing the Village thirty (30) days advance written not�ice, 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 cont�ract�, 1 Oi. CONTRACT TERMINATION The Village and Contractor reserve the right to terminate the Contract at any ti upon ten (10) days advance written notice to the other party. In addition to t provisions set forth in Section General conditions (A,8) for immediate terminatio failure of Contractor to perform any aspect of this, Contract properly and/or provide proper treatment to the general public, in the sole discretion of th- Vilage, is cause for immediate term:inati'on of the Contract without prior notice. I 11. LENGTH OF CONTRACT This Contract shall be in effect beginning March 7, 20117, and shall remain in effect until December 31, 2018, unless terminated by either party under the conditions specified in Section 10, Contract Termination, Upon satisfactory completion of the initial two (2) year term of the contract the Contract may be extended for up to one (1) additional year beyond the termination date by mutual, written agreement between the Village and the Contractor. The Contractor must 431 P a g e 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 compily 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 bilut 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 publiic records to the Village under this Contract. 11 Contractor shall not assigin 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 with,in the County of Cook, Illinois, 15, SEVERABILITY The invalidity or uneinforceability of one or more of the terms or provisions contained in this Contract shall not affect the validity or einforceabof the remaininN terms and provisions of this Contract so long as the material purposes N f this contract can be determined and effectuated. 16�. INTERPRETATION y 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 cont�ext shall otherwise indicate. Al�l references to any person or entity shall be deemed to include any person or entity succeedinig to the rights, duties and obligations of such person or entity succeeding to the rights, duties and obligations of such person or entity 'in, accN/ ance with the terms and codons of the Contract, 44 1 .3 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. 1& MERGER-AM�ENDMIENT This Contract sets forth the entire understanding of the parties relative to the subject �hereof and supersedes any and all prior agreements, express or impilied, oral or written. No amendment or modification of this Contract shall be effective unless reduced to writing and executed by the partiesi, 191. COU-NITERPARTS Contract may be executed in several counterparts each of which, shall be origiinal 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, I'n Witness thereof, the said parties have executed and signed this contract on 2017. M Attest: M Attest: Secretary (Corporate Seal) M M � wi N oj 170=4 In mfflw* M 12.0, L s L C ri 0 kj- N\ Avcl—,r, %A4 PP -0 llt-ed 6, AJ V AVL-kCct, L 5,1& t,\A oto 6 A t'j, sx, v v ou 6 t Al' -I T4-Nq ,W� & LJI"VTN S JtA A/ N A AJ Dorsey, Sean From: Hull, David Sent: Thursday, June 01, 2017 7:31 AM To: Dorsey, Sean Subject: FW: Turf Mowing Contract 2017-2018 Dave HL111 Forestrv/Grounds Superintendent Village of Mount Prospect Public Works Ph: 847-870-5640 Fax: 847-253-9377 From: CIncly Alvarez [mai Ito: cindy(cbalvarezcorp. corn] Sent: Friday, May 19, 2017 10:34 AM To: Hull, David Cc: Pierce, Victor; christina(cbalvarezcorp.com Subject: Turf Mowing Contract 2017-2018 Mr. Hull, Alvarez, Inc. is asking to be released from the TURF MOWING CONTRACT 2017-2018. Mt. Prospect has asked us to continue the mowing service till the 261h of May. Please call or email with any questions or concerns. Thank you very much for the giving us the opportunity to work for the Village of Mount Prospect.. Cindy Alvarez Project Manager/ Vice President Phone (847) 551-1105 Fax (847) 551-1109 Celluar (847) 544-8838 Alvarezcorp.com 15N497 Old Sutton Road Barrington, IL 60010 6311 S. Winchester Avenue Chicago, IL 60636 Scanned by the Symantec Email Security.cloud service.