HomeMy WebLinkAbout6.9 Motion to accept bid for 2022-2023 Turf Mowing contract in an amount not to exceed $81,235.Mr�GauC �'d'+rt;�iect
Item Cover Page
contractSubject Motion to accept bid for 2022-2023 Turf MowinT
• not • exceed $81,235. 1
Meeting March 1, 2022 - REGULAR MEETING OF THE MOUNT
PROSPECT VILLAGE BOARD -
Fiscal Impact true
Dollar Amount $81,235.00
Budget Source General Fund
Category CONSENT AGENDA
Type Consent
Bids were recently opened for turf mowing of publicly owned sites throughout
Mount Prospect. The scope of work includes over 1.4 million square feet,
approximately 38 acres, of weekly growing season mowing at 80 distinct sites
including rights -of -ways, Village -owned properties, and various other sites. During
drought periods when turf is not actively growing, the Village reserves the right to
direct contractor to decrease mowing frequency. Bidders submitted a weekly cost
to mow each site.
The contract period includes for calendar years 2022 through 2023. Additionally,
staff also included a provision which would allow us to extend the contract for a
third year (2024) at the same bid prices as 2023, if both the contractor and the
Village agree.
11,30111.1*791R116y
Seven were - bid was also placed
Village's website and r Onwebsite. Seven
Demand bid clearinghouse
(7) bids were received. Bid results are shown •
Bidder 2022 2023 Total Bid
Price
1
Allscape Incorporated
Cornerstone Partners Horticultural
Services Co
Langton Group
Milieu Landscaping *
City Escape Garden & Design, LLC *
$73,850.00 $92,295.00 $166,145.00
$78,960.00 $95,340.00 $174,300.00
$79,998.45 $101,824.10 $181,822.55
$85,680.00 * $106,820.00 $192,500.00
$85,334.20 * $$107,481.85 $192,816.05
Certified Solutions Inc. * $82,714.10 * $122,063.55 $204,777.65
Fleck's Landscaping $109,515.00 $140,945.00 $250,460.00
*Corrected Math Error - Note: Unit price entry prevails over total sum entry
The lowest bidder, Allscape, Inc. of Romeoville, Illinois successfully completed the
Village's turf mowing contract in 2017-21 with good results. Additionally, the firm
also submitted all the required documentation along with their bid submittal.
Reference checks all indicate acceptable performance on recent projects with
similar scale and scope. Staff is confident the firm is qualified to successfully
complete the proposed at the prices bid.
Staff recommends including a 10% contingency in the project award to allow for
quantity variances and unanticipated conditions. In this instance, a 10%
contingency added to the lowest cost bid would result in a total contract award of
$81,235.00 (Base Bid: $73,850.00 + Contingency: $7,385.00 = Total
Recommended Award: $81,235.00).
Alternatives
1. Accept lowest -cost, responsive bid for 2022-2023 Turf Mowing contract.
2. Action at the discretion of the Village Board.
Staff Recommendation
Staff recommends that the Village Board accept the lowest cost bid for the 2022
and 2023 turf mowing contract as submitted by Allscape, Inc., of Romeoville,
2
Illinois in an amount not to exceed $81,235 in year one (1). Year two (2) will be
in an amount appropriated in the 2023 budget. Staff also recommends that the
Village Board authorize a one (1) year extension of the contract (2024) if the
contractor agrees to hold prices.
ATTACHMENTS:
All scape_-_Turf_mowing_submittaI- pdf
BID -TURF MOW 2022-2023.pdf
KI
EXHIBIT A
(Upon award of contract, to be
attached to TURF MOWING
CONTRACT 2022-2023 as
Exhibit A)
Bid Proposal Form
Village of fount Prosl2ect
TURF MOWING CONTRACT 2022-2023
OWNER INFORMATION
Owner Name:
Address:
Business Name: C kP 0 P rL
Business Address: 5 f— k, U. R -0M, V �� , % L
Home Phone:�� p,� t'�� I Ir 3 � Business Phone: � 0
This Business is a: ❑ Individual Proprietorship
❑
Joint Venture
❑
Partnership
[Z
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 NO
If yes, explain in full detail on a separate sheet of paper.
4
Does the business currently hold a license or have a contract with any other municipality for
service? V] 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 gov rnmental 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 TURF
MOWING CONTRACT 2022-2023, 1 hereby certify that:
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. 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
sem);
6. 1 shall 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;
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
5
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 TURF MOWING CONTRACT 2022-2023, 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 2022-
2023.
Name of Company _L,(A
AA, 0 - &--rccZ
Bid Submitted By
Position in Company � ag � -
Phone No. 4 G L Date 12 -
Bidder must use the official firm name and authorized representative must sign.
Ij
TURF MOWING CONTRACT 2022-2023 Village of Mount Prospect
Department of Public Works
FROM..- AIJL� h� TrvGC1i-�T�
(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")
TURF MOWING CONTRACT 2022-2023
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
Bid Form - Exhibit A
Bid Form
Affidavit - Bid Certification Form
Bid Security
Performance Bond
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 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.
C3
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.
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".
291 Page
9
In addition to Exhibit A (Bid Proposal Form), this Bid Submittal contains the
following:
1) Bid Form
2) Affidavit — Bid Certification Form
3) Bid Security
4) BID SHEET(S)
5) List of required references and equipment
Respectfully submitted:
Name of Firm/Bidder: +jL...c t._
(Signature)
Titley
Date: C>.
Contact Information:
Official Address: v
Telephone:.. L( ._ f
Email: ISMr �,C..�S� �� �J' ' _ ce 01
ONE (1) SIGNED COPY OF EXHIBIT A (BID PROPOSAL FORM), THIS BID FORM AND BID SHEETS
ALONG WITH THE AFFIDAVIT - BID CERTIFCATION FORM, BID SECURITY, AND ANY LISTS OF
REFERENCES AND EQUIPMENT SHALL BE SUBMITTED IN A SEALED MARKED ENVELOPE.
�,„
10
AFFIDAVIT - BID CERTIFICATION FORM
Bidder:
Company/Firm Name:
Address: bALAAY -F A-V - 0-0 VWV I �L.t
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, _ 3 C G,(-,, , being first duly sworn on oath, deposes
and states that he or she is 11- 1 --- (sole owner,
partner, joint ventured,Pres'ddgnt' Secretary, etc.) of
M� ° �� C�� �� 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 L & C. _0 `C- -.-T7N P- P 0(
(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-3, 33E-4.
Section III Drug Free Workplace
The undersigned further states that - �J
(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.
12
Section IV Tax Payment
The undersigned further states that 5� N is
(Name of Company)
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 Polis
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: (1) 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 LLSGAPY, -1�K/C,(3 f-ktZkri�6 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 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 c ifies t all information contained in this Affidavit is true and correct.
Signed by: Title:
Sianature
Name Printed:
L'"V
Signed and sworn to before me this day of
My c mission expires:
Notary Public SUSAN M FUERTE
Official Seal
Notary Public - State of Illinois
My Commission Expires Sep 28, 2024
331Page
13
BID SECURITY
Included with this bid is a bank cashier's check, certified check or bid bond in the amount
of 500 by Ad - , 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 10
SEAL (if corporation)
DAY OF 4-1"-1 , 20 ZZ
c� L
Bidder:
Bidder' Agent and Agent's Title
Title
Note: If proposer is a partnership, the proposal must be signed by at least two of the partners.
Note: If proposer is a corporation, the proposal 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 -T �-C,� A,i �
341 Page
14
PERFORMANCE BOND
Bond No. i N (—
Principal Amount: ( 2.
Contract: Z ci22 2GZ3 TL42N- MuAA L--
THESE PRESENTS, that Contractor
KNWNC�sA'�{ nrc2p�,� as
Principal (hereinafter "Contractor"), and �mm AXIN W , with main
office at k6 1 b 0 rJ • C o c--,-,/10 A4 Gt+t CA --o G - 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
�, 1 041ce 41ut/VO JWb T 4t 1 1:_1collars ($ 6 t 2-f- r ), 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 Turf Mowing Contract 2019-2020 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.
361 Page
16
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 , 202_.
AJ
ux
Contractor
By;:
Sig ure
Title /A
ATTEST;
Corporate Secretary (corporations only)
STATE OF
COUNTY OF
Surety
0
Officer Of The Surety
Title
Address:
NOTARY
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 day of G 201_
Notary Signature: My Commission expires:
17
s
The undersigned herewith submits a bid on the Turf Mowing Contract 2019-2020 in accordance with the attached documents.
All bids to be delivered to the office of the Village Manager at 50 S Emerson St., 3rd Floor, Mount Prospect, IL
60056,
prior to 1:00pm on February 18, 2019.
2022
Map #
Turf Mowing Locations
Est. Sq.
Weekly
Ft."
Mowing
01.0.01
RIVER EASIE UM SEMINOLE TO END OF LEVEE WALL
EAST
99,763
$
C b
SST
INCLUDING 0' ON I E OF LEVEE WALL)
01 0 02
RIVER RD. WEST SIDE (,1 'MINOLE TO RIVER WEST CT)
41,036
02.0 01(
LANE & CAMP McDONALD RD. S.W. CORNER, PARK WAY
NNDE
ONLY)
2 032
_w$www__
w__www_
02 0 02
RIVER RD. WEST SIDE (MSI IIIND 1423 PARK DR. TO TANO i N
15„850
$gggqqSb
02.0.03
WOLF RD (EAST SIDE) FROM 1329 EUCLID NORTH TO METRA STA'T'ION
Z
..
- PARKWAY ONLY
_.�
7„200
$
-L(
03 0 0
_
RIVER RD, WEST SIDE (LIIC..I IIS Z O HOPI ..., ..
23 994 ...
..._
$
_. 4....
IDE BEHIND 908 RIVER RD ALONG FEN
MOKI...& PECOS EAST S......... __... _....._ _......._....._........... ........ ..............._ ........_.
3,887
w.._w............
$
ZU
03-0.05
EUCLID SOUTH S
..... O IDE Iw3I I Wl I.N WIS. CENTRAL R.R. & BASSWUUI:!.....,
1? �.8.0.........
..,
03.0.06
KENSINGTON NORTH SIDE (FROM BURNING BUSH TOmmWIS. CENTRAL
R.R ). _- ....._......,.. ........................
30 667
$
� ..
03.0.07
AZALEA PLACE CUL DE SAC
707
$
I
04.2.01
. ...... __.....
EUCLID SOUTH SIDE (BETWEEN T N 1216 CRABTREE & HEMLOCK).
04.2.02
........................__...................
EUCLID SOUTH SIDE (I3IjWEI-N HEMLOCK & WESTGA`I`Ti
.....__....,kw..................................................................................................................................................................................................................................................
19,.601
$
04.2.03
EUCLID SOUTH SIDE 331 I WLEN' WESTGATE & SY' AMUIIi�
2 3,,462
$
��.._.....
3 Z
04 2 04
EUCLID SOU I H SIDE (I'IETWEEN SY mm -�
..wvwv.0 _....__._...... _.. ......� CAMORE & GAS S I'AI IONS
21,569
$_____Z�....,
04.2.05
KENSINGTON NORTH SIDE (FROM WHEELING ROAD TO BRENTWOOD
14,209wwwwww
$
04.2.06
KENSINGTON NORTH SIDE I'IRENTWOOD LN TO HEMLOCK L.,N)
. .......................................................................w...................._.-_..................-.........,..............._.............................�.
24,115
..... ._..w_.......................
$
g Z-
04.2.07
KENSINGTON NORTH SIDE I I I:MI ,,'K LN TO WESTGATE RD
,....�....__.... w� ...... �.. _._ .... _.�...._..._...._.. _.
21,665
.......__..._..._.
$
C)
04 2 08
__..
KENSINGTON NORTH SIDE AI UNG FENCE AT 801 WESTGA"f E)
_w........... _.... ......_m _........
3„836
04 2.09
,WOLF ROAD WEST SIDELLICLIITO GREENWOOD _
...................
2
EUCLID & ROUT E 83 (NW CORNER INCLUDING PARKWAY TO THE
.....05.1.0 ..
APACE T MEN I"5 .... .... ...... _____. .... ____....... _. ____
43x558...........
$
05.1.03
ELMHURST RD. WEST SIDE (NORTH & SOUTH OF MEADOW LANE -
PARKWAY ONLY
5,194
$
2 v
0 5 1 04
WEDGEWUOD AND RAND RD
WE...........__-D.www.-_,N (NORTHWEST CORNER,.. PARKWAYS W
(NOR...
7
$
......
�
450
Z Z--
05.1.05
RAND RD. NOR'T'H SIDE (FROM CITGO STA'T'ION EAST TO END OF
2
I'°'IANC"E
9 96 2
$
05.1.06
SCHOENBECK RD. (BOTH SIDES PERSIMMON LN TO CAMP
MCDONA I ., _
I':�' .� ._.. ......
1 985 ........
$
._�.,_,
05.1.07...
RAND
AN. NORTH SIDE (SCHOENBECK W. TO CREDIT UNION
D R.....�����
�95
t7
. ......
� ................�_....._.................... ........ ._...�..................�.�....�...�.�.�.�.�.�.�....
12
05.1.08
RAND mROAD PUMPHOUSE (BE I WT T N 445 & 441 W RAND IC,)A'I�
9p 102
$
Z
05.1.09
CAMP MCDONALD ROAD (SOUTH SIDE FROM STONEGATE MANOR TO
12,700
30
SCHOENBECK RD
............................)...................._....�w...__.__....................................._...._...........w...........-__._-_............................................................._....._.........................................................
26„000
............_.........................
$
_w...
05.1.10
CAMP MCDONALD ROAD (SOUTH SIDE FROM SCHOENBECK RD TO
a
.........
CIRCLE)____ C
PIADILY C T I
a,......, ... _...m.... _ . _............._ _..................................................................................
$
.-.._-.........w_
05.2.01
ELMHURST AVE. EAST SIDE (NORTH OF KENSINGTON; ALSO ALONG
Z�
BOB -O -LINK)
10,966
$
2023
Weekly
$ ZN-
18
05 2 02
- -1 ..... ... ..........
"SIDE FROM KENSINGTON ROAD TO PARK
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VILLAGE LOT'(_....6 SEMERSON)__.. ,,,..... _.... ........ ._.7,175....................
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FREDIANI COURT (ALONG BUSSE "PARKWAY ONLY' 1 776
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15.2.02
MEIER & LAWRENCE LANE BASIN 48„850
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15.2.03
LOIS COURT.�CENTER ER ISLAND.... _........... _._
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$
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15.2.04
GOLF RD. NORTHSIDE(FROM CLEARWAT ER PARK TO 1850 W. GOLF
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NORTH SIDE (KENILWORTH PROSPECT AVE.ST TO TRIANGLE PAST
GUARDRAIL
21
PROSPECT AVE. NORTHSIDE (VACANT LOT NORTH OF 210 N.
2S C
KENILWORTH) ...... _ .
16,127$........
$
THE FOLLOWING LOCATIONS ARE CURRENTLY MAINTAINED THROUGH THE VILLAGE'S LMC CONTRACT FOR 2022.
HOWEVER, THE FOLLOWING LOCATIONS COULD BE ADDED TO THE MOWING CONTRACT IF FUNDING PREVENTS
THE LOCATIONS FROM BEING INCLUDED ON FUTURE LMC CONTRACTS STARTING 2023 AND BEYOND. THESE
LOCATIONS COULD BE ADDED TO THE MOWING CONTRACT STARTING 2023, AND THEIR PRICING WILL BE INCLUDED
IN THE BID TALLY.
0 1
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LONNQUIST CENTER ISLANDS
71,812
$ 2'%O
$ C`s
15.2.01
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_.....�w...v_.....�._.... .__..�ww..ww.......w.._....._..........._.._..._w_.....w�._.._....w.._.._w.mw.__.__...w.............._.....,.......................
ELMHURST AVENUE CR ISLANDS
.............._.
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EVERGREEN CENTER ISLANDS..M.._................._�.......�.�.�.�.�............�...._..........�.�.�.�.�.�....�.�.�.�.�.�.�.�
_.. 4 9.36
$ ��'
$
_.....................w_................._._..................
GRAND .......... _.... .
WEEKLY TOTAL
ESTIMATED TOTAL SQUARE FEET..
�•4
1,642 2��
6S l
*Square footage is approximate; bidders should verify
X3 5 35
GRAND WEEKLY TOTALFOR 35 WEEKS $17I
PRICE QUOTE FOR ADDED AREAS
Cost ner 100 SQUARE FEET, to mow areas added during the course of the contract $
Submitted this 6 ®I b day of
, 2022
Mark outside of envelope: "SEALED BID FOR TURF MOWING CONTRACT 2022-2023"
20
and deliver to the Village Manager's office at 50 S. Emerson St., 3rd Floor, Mount Prospect, IL 60056.
Bid Opening: Monday, February 14, 2012 at 1:00pm
Name f Company/Firm:
_..._...._..
��_ 2P�
��.n__.....w.�����...__...._w...._...,s �-�
� ...
Address of Company/Firm°
.m. V.-.:VI,�- t I�
d
........... ,
By;
Telepne:}
Date Submitted:
1 t) w 2022
Company Owner:
Isis a���
Telephone: C t4 i Lj `(3
............... ._.....
Signature ........w .................... .. ��..._ ..
.. _ _..............
Date: ,. // '2,, f to ! - 2022
Note: All bids to remain firm for ninety (90) days.
Be sure to mark outside of envelope, "Sealed bid for TURF MOWING Contract 2022-2023"
21
References;
Mr. Gurrie Rhodes, Romeo -Brook Properties
4815 Creek Dr. Western Springs, IL. 60558
708 / 246-0906 — Z -j i — [ C `�—
Mr. Ken Lindsay, Schneider Logistics
26453 Center Pointe Dr. Elwood, IL 60421
815 / 641-1594 j e4 �C- — & 2I — 96 (oZ- C L
Mrs. Ann Rita Mitchell, Shiner Group
3201 Old Glenview Rd -#301, Wiimette, IL 60091
847 / 256-2572
22
I IlLs- nn = --
Bid Request
for
TURF MOWING CONTRACT 2022-2023
BID OPENING: Monday, February 14, 2022 — 1:00 p.m. local time
Mount Prospect Public Works Department
1700 W. Central Road, Mount Prospect, Illinois 60056-2229
HAForestry\Grounds\Word\RFP or BID\2022\BID-TURF MOW 2022-2023.docx
24
NOTICE TO BIDDERS
Bid for
Turf Mowing Contract 2022-2023
Sealed bids will be received until Monday, February 14, 2022 — 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 TURF
MOWING CONTRACT 2022-2023".
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
January 27, 2022
21 II: : g
TURF MOWING CONTRACT 2022-2023
Table of Contents
Section Page
Notice to Bidders 2
Table of Contents 4
Bid Packet Information 5
Instructions to Bidders 8
Specifications 12
General Conditions 16
Bid Form - Exhibit A 24
Bid Form 28
Affidavit — Bid Certification Form 32
Bid Security 34
Performance Bond 36
Bid Sheet 38
Contract — Exhibit B 42
41 II: ,a g
VILLAGE OF MOUNT PROSPECT
TURF MOWING CONTRACT 2022-2023
BID PACKET
The Village of Mount Prospect is seeking bids for its:
TURF MOWING CONTRACT 2022-2023
PROJECT SCOPE
The Contractor shall provide, at a minimum, the following work:
The Base Bid for this contract is for the weekly mowing of publicly owned rights-of-way
during 2022-2023. It is the intent of the Village to have as many sites mowed as
possible in accordance with the following Specifications.
This Contract shall be in effect beginning March 1, 2022 and shall remain in effect until
December 31, 2023, 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 one (1) additional one-year
term, beyond the termination date by mutual, written agreement between the Village
and the Contractor. The Contractor must agree to hold their prices at the same rate as
the previous year. The Village reserves the right to re -bid the contract at the end of any
contract period.
1. RECEIPT OF BIDS
Sealed bid proposals for turf mowing in Village parkways and other public areas
must be received in the Village Manager's Office, 3rd Floor, at 50 South Emerson
Street, Mount Prospect, Illinois 60056, no later than 1:00 p.m. on February 14,
2022. 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 bids 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 and
marked to the attention of the "Village Manager". The bid proposal must be clearly
marked: Sealed Bid "TURF MOWING CONTRACT — 2022-2023" and the date of
the bid opening. No bid 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 bid. 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 bid.
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 Bid 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
TURF MOWING CONTRACT — 2022-2023 (Exhibit 8).
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 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.
g
30
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.
1) 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.
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 Bid Form (Exhibit A), the
Specifications, the General Conditions, the Bid Form, the Affidavit — Bid
Certification Form, the Bid Security Form, the Bid Sheet and "TURF MOWING
CONTRACT — 2022-2023" (Exhibit B). The successful bidder will be required to
execute the TURF MOWING CONTRACT 2022-2023 for the duration specified in
that contract and the successful bidder's submitted Bid Proposal Form will be
attached to and incorporated into that Contract.
31
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
32
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).
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.AI1 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.
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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 $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.
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, or may collect against the retainage for excess costs so paid, 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
TURF MOWING CONTRACT 2022-2023", and date of the bid opening. (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:
TURF MOWING CONTRACT 2022-2023
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
A. This contract will begin the week of April 1, 2022, if the Village deems it is warranted,
and shall continue until the December 31, 2023. (If contract is extended, dates for the
third year shall be similar. The Village will determine the exact start date.)
B. Weekly inspections of contract areas will be performed by Public Works personnel. In
addition, equipment being used may be inspected at any time by the Director of Public
Works or an authorized representative. All work must be completed to the satisfaction
of the Director of Public Works or an authorized representative, and any question as
to proper procedures or quality of workmanship will be resolved by the same.
C. The Contractor shall provide the Village with a schedule as to what day each site will
be serviced for the entire year (making exceptions for holidays and weather).
D. The areas to be mowed are public areas, including rights -of -ways, and retention
basins located throughout the Village of Mount Prospect. It is our intention to have as
many areas mowed under this contract as available funds permit. In the event that
prices are higher than anticipated and funds will not permit contractual mowing of all
areas, we will eliminate areas from the contract, or will decrease the number of
mowings for selected areas, as necessary.
E. It is possible that, during the course of the contract, certain areas might need to be
eliminated from the mowing list due to construction, budget limitations, or other
reasons. Additionally, some of the listed areas may be eliminated from this contract
and mowed as part of our separate "Landscape Maintenance Contract". Finally, it is
also possible that additional areas will be added to the contract if the Village assumes
responsibility for new areas.
F. The contractor does not have the right to skip or suspend mowing without consent of
the Director of Public Works or an authorized representative. Every location is to be
serviced every week.
G. If areas are skipped due to rain (such as the retention basins) for multiple weeks, the
contractor will need to service and cut the grass by other means (such as weed
whipping) to keep the site with in the specifications of Village Code.
H. The contractor is requested to provide, on the bid sheets, the price per additional 10C
square feet they would charge to mow areas added during the course of the contract.
I. The Village reserves the right to reduce the frequence of mowing individual sites to a
longer rotation than weekly during the course of this contract.
J. Billings for services will be accepted on a weekly or monthly basis, for all work
performed under this contract. Payment will be determined by multiplying the bid price
for each area times the actual number of times the area was satisfactorily mowed. If
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areas are skipped or suspended, the bid price of that location will be reduced from the
invoice.
K. Successful contractor shall not sell, sublet, or assign this contract or any portion
thereof to any other person or persons, except upon the written approval of the
Director of Public Works, submission of proof of insurance as specified in "Insurance
and Security Deposits" as detailed 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 general contractor.
L. 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
or an authorized representative 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.
M. The Contractor is required to return phone calls within a 24 (twenty-four) hour period.
If called on a Friday, he/she shall be given until 12:00 noon the following Monday to
return the call.
SPECIFICATIONS — SPECIFIC
A. All turf areas shall be mowed no less than once each seven days, unless otherwise
directed by the Director of Public Works or an authorized representative. During
drought periods when turf is not actively growing, the Village reserves the right to
direct contractor to decrease mowing frequency. In the event that the bottom of the
retention basins are too soft or wet to mow, the contractor will be required to weedwhip
the grass to keep in compliance with village code
B. Prior to beginning this mowing contract, contractor shall be required to notify Public
Works of the days they will perform the work and what locations will be done on what
days.
C. All debris to include, but not limited to paper, cans, bottles, twigs, sticks, rocks,
concrete chunks, and limbs plus any foreign material that would interfere with mowing,
shall be removed by the successful contractor prior to any work starting on each visit
to the site, including shrub beds. Contractor may dispose of any refuse in the
dumpster on east side of Public Works garage near overhead door.
D. Weekly site visits to every location are still required for litter policing and string
trimming even if the Village has suspended mowing.
E. If contractor encounters large downed limbs or trees in turf areas, he shall be required
to notify Public Works Department so that a crew can be dispatched to remove them.
F. All mowing equipment should be kept in good condition with blades and cutting edges
kept sharp, in order to prevent tears to grass blades.
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G. All improved turf areas shall be cut 3" — 3'/2" high in cool weather, and 3'/2" — 4" high
during drought periods; however the Village reserves the right to adjust the preferred
mowing height if desired.
H. Final mowing of the season shall be cut at 3" height.
Clippings shall remain at all locations, as long as there are no clumps or piles left on
the turf area. If clumps occur, the contractor will be required to either re -mow to
disperse the clumps, or to hand rake the clumps out of the grass.
J. Trimming around all structures, trees, shrubs, and flower beds is to be completed
during every visit to the site and shall be at the same height as adjacent mower cut.
K. Extreme care must be taken to avoid hitting trees or shrubs with mowers.
L. The Turf Mowing contractor should in no way cut, break, or damage any tree or shrub
either private or public. In the event that there is an obstruction, such as a live limb or
over grown shrub, contact the Public Works department so a crew can be dispatched
to alleviate the problem.
M. When cutting mounds or uneven areas, exercise caution to avoid scalping of turf.
N. In improved turf areas, all sidewalk -turf edges shall be edged with an edger at least
once every three weeks.
O. In turf areas, grass and weeds growing in sidewalk areas shall be removed during
each mowing.
P. Mow all areas so clippings are blown away from streets, adjacent buildings, beds, and
additional structures such as fences, walls, site furniture.
Q. Any grass clippings which fall onto paved surfaces shall be removed the same day.
R. At Well #5, Well #16, Well #17, and the Water Tower, any grass clippings which fall
onto the concrete pads or stick to the legs of the water tower or sides of the water
tanks shall be removed the same day. Be sure all grass has been removed from
bottom of the Water Tower legs where bolts are located.
S. There is a possibility that in some of the contract areas, small sections of sod or seed
will be replaced by Public Works during the course of the contract. In these cases, it
shall be the contractor's responsibility to avoid mowing the new sod or seed until it is
established. Once the seed or sod has become established it shall then be the
contractor's responsibility to resume mowing. Newly seeded or sodded areas shall
not be skipped more than three times.
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.
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
The Contractor will be responsible for repairs on all plant material damaged by his
employees and/or equipment, and be responsible for replacement of all trees, shrubs,
perennials, groundcovers, new sod, and established turf areas destroyed by contractor's
employees and/or equipment.
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.
Repairs or replacements shall be accomplished as soon as possible, but no later than
sixty (60) days after the date the damaged has occurred. Note that the Contractor is not
authorized to drive equipment onto private property without previous authorization from
the property owner. The Director of Public Works or an authorized representative will
determine the degree of damage and the course of action for repair.
GENERAL CONDITIONS
A. Award of Contract; Performance; Payment
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
For year one, it is expected that this contract will be awarded on March 1,
2022 and remain in effect until December 31, 2023 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
one-year term beyond the termination date by mutual, written agreement
between the Village and the Contractor. The Contractor must agree to
hold their prices at the same rate as the previous year.
The Village reserves the right to re -bid the contract at the end of any
contract period. If an extension is offered, the contractor will need to
inform the Village of his decision no later than December 31St, of each
year. Additionally, if a contract is extended, the Contractor shall then be
required to submit each year an updated certificate of insurance and proof
of Mount Prospect business license or contractor's license. All contract
deadlines for years two and three will be one (or two) years later than
those listed for year one.
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,
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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.
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.
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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 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.
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C. Bond; Insurance; Indemnification
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) 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
$1,000,000
$1,000,000
Property Damage
$1,000,000
$1,000,000
Workers Compensation
Employee Claims
Employers Liability
Statutory for Illinois
$1,000,000 per accident
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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 attorneys 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 attorneys 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.
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:
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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.
Non -Discrimination. The contractor will comply with the
Illinois Public Works Employment discrimination Act, 775
1 LCS 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
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
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claims, costs, penalties, losses and injuries (including but not
limited to, attorneys 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.
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EXHIBIT A
(Upon award of contract, to be
attached to TURF MOWING
CONTRACT 2022-2023 as
Exhibit A)
Bid Proposal Form
Village of Mount Prospect
TURF MOWING CONTRACT 2022-2023
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
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48
Does the business currently hold a license or have a contract with any other municipality for
service? ❑ 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 TURF
MOWING CONTRACT 2022-2023, 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 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. 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
a@ _q. );
6. 1 shall 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;
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
251If: :gig
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 TURF MOWING CONTRACT 2022-2023, 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 2022-
2023.
Name of Company
Bid Submitted By
Position in Company
Date
Bidder must use the official firm name and authorized representative must sign.
BID FORM
TURF MOWING CONTRACT 2022-2023 Village of Mount Prospect
Department of Public Works
(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")
TURF MOWING CONTRACT 2022-2023
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
Bid Form — Exhibit A
Bid Form
Affidavit — Bid Certification Form
Bid Security
Performance Bond
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 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.
28If: :gig
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".
29If: :gig
53
In addition to Exhibit A (Bid Proposal Form), this Bid Submittal contains the
following:
1) Bid Form
2) Affidavit — Bid Certification Form
3) Bid Security
4) BID SHEET(S)
5) List of required references and equipment
Respectfully submitted:
Name of Firm/Bidder:
By: _
Title:
Date:
Contact Information:
Official Address:
Telephone:
Email:
(Signature)
ONE (1) SIGNED COPY OF EXHIBIT A (BID PROPOSAL FORM), THIS BID FORM AND BID SHEETS
ALONG WITH THE AFFIDAVIT - BID CERTIFCATION FORM, BID SECURITY, AND ANY LISTS OF
REFERENCES AND EQUIPMENT SHALL BE SUBMITTED IN A SEALED MARKED ENVELOPE.
54
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 Riming 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-3, 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.
32 1 If: a g
Section IV Tax Payment
The undersigned further states that
is
(Name of Company)
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: (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) 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
(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:
Signature
Name Printed:
Title:
Signed and sworn to before me this day of )20.
My commission expires:
Notary Public
33If: :gig
57
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
SEAL (if corporation)
DAY OF , 20_
Bidder:
Bidder's Agent and Agent's Title
Title
Note: If proposer is a partnership, the proposal must be signed by at least two of the partners.
Note: If proposer is a corporation, the proposal 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
34 1 If: a g
PERFORMANCE BOND
"OT, rq►•
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 Turf Mowing Contract 2019-2020 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.
36 1 If: a g c
60
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 , 202_.
Contractor
By:
Signature
Title
ATTEST:
Corporate Secretary (corporations only)
STATE OF
COUNTY OF
Surety
By: _
Title
Officer Of The Surety
Address:
NOTARY
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 , 201
My Commission expires:
371If: a
61
Bid Sheet
The undersigned herewith submits a bid on the Turf Mowing Contract 2019-2020 in accordance with the attached documents.
All bids to be delivered to the office of the Village Manager at 50 S Emerson St., 3rd Floor, Mount Prospect, IL
60056,
prior to 1:OOpm on February 18, 2019.
38 1 If: :D g e
62
2022
2023
Map #
Turf Mowing Locations
Est. Sq.
Weekly
WeeklyFt.*
Mowing
Mowing
$
$
01.0.01 RIVER RD. EAST SIDE (FROM SEMINOLE TO END OF LEVEE WALL 99,763
INCLUDING 10' ON EAST SIDE OF LEVEE WALL)
01.0.02
RIVER RD. WEST SIDE (SEMINOLE TO RIVER WEST CT.)
41,036
$
$
02.0.01
MANDEL LANE & CAMP McDONALD RD. (S.W. CORNER, PARKWAY
ONLY)
2,032
$
$
02.0.02
RIVER RD. WEST SIDE (BEHIND 1423 PARK DR. TO TANO LN)
15,850
$
$
02.0.03
WOLF RD (EAST SIDE) FROM 1329 EUCLID NORTH TO METRA STATION
- PARKWAY ONLY
7,200
$
$
03.0.01
RIVER RD. WEST SIDE (EUCLID TO HOPI)
23,994
$
$
03.0.04
MOKI & PECOS EAST SIDE (BEHIND 908 RIVER RD ALONG FENCE)
3,887
$
$
03.0.05
EUCLID SOUTH SIDE (BETWEEN WIS. CENTRAL R.R. & BASSWOOD)
15,180
$
$
03.0.06
KENSINGTON NORTH SIDE (FROM BURNING BUSH TO WIS. CENTRAL
R.R.)
30,667
$
$
03.0.07
AZALEA PLACE CUL DE SAC
707
$
$
04.2.01
EUCLID SOUTH SIDE (BETWEEN 1216 CRABTREE & HEMLOCK)
15,643
$
$
04.2.02
EUCLID SOUTH SIDE (BETWEEN HEMLOCK & WESTGATE)
19,601
$
$
04.2.03
EUCLID SOUTH SIDE (BETWEEN WESTGATE & SYCAMORE)
23,462
$
$
04.2.04
EUCLID SOUTH SIDE (BETWEEN SYCAMORE & GAS STATION)
21,569
$
$
04.2.05
KENSINGTON NORTH SIDE (FROM WHEELING ROAD TO BRENTWOOD
LN.)
14,209
$
$
04.2.06
KENSINGTON NORTH SIDE (BRENTWOOD LN TO HEMLOCK LN)
24,115
$
$
04.2.07
KENSINGTON NORTH SIDE (HEMLOCK LN TO WESTGATE RD)
21,665
$
$
04.2.08
KENSINGTON NORTH SIDE (ALONG FENCE AT 801 WESTGATE)
3,836
$
$
04.2.09
WOLF ROAD WEST SIDE (EUCLID TO GREENWOOD)
11,687
$
$
05.1.02
EUCLID & ROUTE 83 (NW CORNER INCLUDING PARKWAY TO THE
APARTMENTS)
43,558
$
$
05.1.03
ELMHURST RD. WEST SIDE (NORTH & SOUTH OF MEADOW LANE -
PARKWAY ONLY)
5,194
$
$
05.1.04
WEDGEWOOD AND RAND RD. (NORTHWEST CORNER, PARKWAYS
ONLY)
7,450
$
$
05.1.05
RAND RD. NORTH SIDE (FROM CITGO STATION EAST TO END OF
FENCE)
9,962
$
$
05.1.06
SCHOENBECK RD. (BOTH SIDES PERSIMMON LN TO CAMP
MCDONALD)
15,985
$
$
05.1.07
RAND RD. NORTH SIDE (SCHOENBECK W. TO CREDIT UNION
DRIVEWAY)
12,495
$
$
05.1.08
RAND ROAD PUMPHOUSE (BETWEEN 445 & 441 W RAND ROAD)
9,102
$
$
05.1.09
CAMP MCDONALD ROAD (SOUTH SIDE FROM STONEGATE MANOR TO
12,700
SCHOENBECK RD)
26,000
$
$
05.1.10
CAMP MCDONALD ROAD (SOUTH SIDE FROM SCHOENBECK RD TO
PICADILY CIRCLE)
$
$
05.2.01
ELMHURST AVE. EAST SIDE (NORTH OF KENSINGTON; ALSO ALONG
BOB -O -LINK)
10,966
$
$
38 1 If: :D g e
62
05.2.02
FOREST AVENUE (WEST SIDE FROM KENSINGTON ROAD TO PARK)
20,000
$
$
06.0.02
GREGORY & WILLIAM LOT (ALSO ALONG RAND ROAD - ISABELLA TO
HIGHLAND)
27,482
$
$
06.0.06
THAYER ST. AND LOUIS ST DEAD END - FROM TAHEYR ST TO
DETENTION BASIN
2,900
$
$
07.1.01
RAND RD. NORTH SIDE (BOTH SIDES ALONG RAND AT 600 AND 401)
3,758
$
$
07.1.03
KENSINGTON SOUTH SIDE (FROM WILSHIRE EAST TO IL. AM. WATER)
11,157
$
$
07.2.01
07.3.01
WOLF ROAD WEST SIDE (FROM SOUTH OF 1661 FEEHANVILLE TO
RESTAURANT)
27,185
$
$
07.1.04
NORTHEAST CORNER OF BUSINESS CENTER AND RAND AROUND
MONUMENT SIGN AT NORTHWEST ELECTRIC AT 600 E. RAND RD.
2,678
$
$
07.2.02
WHEELING ROAD WEST SIDE (SOUTH OF KENSINGTON)
19,281
$
$
07.2.03
BUSINESS CENTER DRIVE & FEEHANVILLE CENTER ISLAND
682
$
$
07.2.04
BIERMANN COURT CENTER ISLAND
5,672
$
$
07.2.05
SLAWIN COURT CENTER ISLAND
5,672
$
$
07.2.06
BISHOP COURT CENTER ISLAND
5,539
$
$
07.2.08
LAKEVIEW COURT CENTER ISLAND
5,539
$
$
07.2.09
KINGSTON COURT CENTER ISLAND
5,672
$
$
07.2.10
FEEHANVILLE CENTER ISLAND
945
$
$
07.1.13
BUSINESS CENTER DRIVE HEADWALLS AT BISHOP CT
700
$
$
07.3.02
HARVEST LANE / BUSINESS CENTER DR. S.W. CORNER
4,480
$
$
07.3.03
902 ARDYCE BASIN
16,063
$
$
07.3.05
GREGORY & MARCELLA NORTH SIDE ALONG FENCE
3,260
$
$
07.3.06
THAYER & STEVENSON CENTER ISLAND
681
$
$
07.3.07
CENTRAL RD. NORTH SIDE (EAST OF 1 N. STEVENSON ALONG FENCE)
4,016
$
$
09.0.07
MOUNT PROSPECT RD. WEST SIDE (PROSPECT AVE. SOUTH 350')
3,922
$
$
09.0.08
INNER CIRCLE CENTER ISLAND
881
$
$
09.0.09
MARINA DRIVE CENTER ISLAND
881
$
$
09.0.13
VILLAGE LOT (216 S. EMERSON)
7,175
$
$
09.0.17
EAST SIDE ELMHURST RD. NORTH OF CREEK
7,856
$
$
10.0.01
GOLF RD. NORTH SIDE (LOUIS TO EAST OF GOLFVIEW PLACE)
17,190
$
$
10.0.04
HIAWATHA & EMERSON N.E. CORNER (PARKWAYS ONLY)
2,064
$
$
11.0.03
GOLF ROAD NORTH SIDE (FROM 909 W. GOLF RD. TO WAVERLY AVE.)
12,326
$
$
11.0.04
BUSSE RD. EAST SIDE (BETWEEN GREENBRTAR & LONNQUIST)
4,452
$
$
12.0.02
GOLF RD. SOUTH SIDE (FROM 1001 ROBERT TO 1005 CYPRESS)
20,356
$
$
12.0.03
GOLF ROAD & LINNEMAN BASIN (SW CORNER)
26,522
$
$
12.0.04
BELAIRE DR. CENTER ISLAND
531
$
$
12.0.05
HUNTINGTON LIFT STATION IN FRONT OF 601 W. GOLF RD.
1,495
$
$
13.0.01
WELL #16 BEHIND 1615 IMPERIAL COURT
8,975
$
$
13.0.02
LYNN CT CUL DE SAC
1,256
$
$
13.0.03
OAKTON AND 83 MEDIANS (NORTH OF OAKTON AND WEST OF 83)
8,894
$
$
13.0.04
DETENTION BASIN LOACTED DIRECTLY NORTH OF 1902 S. ELMHURST
RD NORTH AND EAST OF CARBOY CUL DE SAC
32,000
15.1.02
BUSSE RD. WEST SIDE BONITA TO LINCOLN
46,000
$
$
15.1.03
1700 FREDIANI COURT (ALONG BUSSE - PARKWAY ONLY)
1,776
$
$
15.2.02
MEIER & LAWRENCE LANE BASIN
48,850
$
$
15.2.03
LOIS COURT CENTER ISLAND
555
$
$
15.2.04
GOLF RD. NORTH SIDE (FROM CLEARWATER PARK TO 1850 W. GOLF
RD.)
9,051
$
$
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63
15.2.04 GOLF RD. NORTH SIDE (FROM ST. CECILIA CHURCH TO DRIVEWAY TO
THE WEST) 2,921
16.1.01
CRUMLEY BASIN (135 S. BUSSE ROAD)
218,641
16.1.02
WELLER LANE WEST SIDE (FROM CENTRAL RD. TO HOUSE IN CUL-DE-
05.4.02
RRROW ON NWHWY (WATERMAN TO CENTRAL)
SAC)
20,439
16.1.05
BUSSE RD. NORTH AND SOUTH OF SUSAN
13,821
16.3.01
BUSSE RD. EAST SIDE (RUSTY TO ESTATES - ALONG GOLF COURSE
$
05.4.06
FENCE)
29,486
16.3.02
OJIBWA TRAIL WEST SIDE (ACROSS FROM 419-421)
1,696
16.3.04
WELL #11 (BACK BY GOLF COURSE MAINTENANCE SHOP)
2,308
17.0.04
PROSPECT AVE. NORTH SIDE (KENILWORTH EAST TO TRIANGLE PAST
RRROW ON NWHWY (EAST LOT TO MP RD)
92,429
GUARDRAIL)
21,758
17.0.05 PROSPECT AVE. NORTHSIDE (VACANT LOT - NORTH OF 210 N.
KENILWORTH) 16,127
THE FOLLOWING LOCATIONS ARE CURRENTL Y MAINTAINED THROUGH THE VILLAGE'S LMC CONTRACT FOR 2022.
HOWEVER, THE FOLLOWING LOCATIONS COULD BE ADDED TO THE MOWING CONTRACT IF FUNDING PREVENTS
THE LOCATIONS FROM BEING INCLUDED ON FUTURE LMC CONTRACTS STARTING 2023 AND BEYOND. THESE
LOCATIONS COULD BE ADDED TO THE MOWING CONTRACT STARTING 2023, AND THEIR PRICING WILL BE INCLUDED
IN THE BID TALLY.
05.1.01
WELL #17 (1480 N. ELMHURST RD)
29,058
$
$
05.4.02
RRROW ON NWHWY (WATERMAN TO CENTRAL)
170,535
$
$
05.4.05
PINE & HENRY CENTER ISLAND
226
$
$
05.4.06
$
$
THE FOLLOWING LOCATIONS ARE CURRENTL Y MAINTAINED THROUGH THE VILLAGE'S LMC CONTRACT FOR 2022.
HOWEVER, THE FOLLOWING LOCATIONS COULD BE ADDED TO THE MOWING CONTRACT IF FUNDING PREVENTS
THE LOCATIONS FROM BEING INCLUDED ON FUTURE LMC CONTRACTS STARTING 2023 AND BEYOND. THESE
LOCATIONS COULD BE ADDED TO THE MOWING CONTRACT STARTING 2023, AND THEIR PRICING WILL BE INCLUDED
IN THE BID TALLY.
05.1.01
WELL #17 (1480 N. ELMHURST RD)
29,058
$
$
05.4.02
RRROW ON NWHWY (WATERMAN TO CENTRAL)
170,535
$
$
05.4.05
PINE & HENRY CENTER ISLAND
226
$
$
05.4.06
RIDGE & HENRY CENTER ISLAND
717
$
$
08.0.07
RRROW ON NWHWY CENTRAL TO WEST LOT
22,703
$
$
08.0.11
RRROW ON NWHWY (EAST LOT TO MP RD)
92,429
$
$
09.0.06
PROSPECT AVE. SOUTH SIDE (MT. PROSPECT RD. TO ALBERT)
9,974
$
$
06.0.03
WELL #5 112 E. HIGHLAND
11,546
$
$
10.0.09
11.0.05
15.2.01
LONNQUIST CENTER ISLANDS
71,812
$
$
16.2.01
ELMHURST AVENUE CENTER ISLANDS
16,766
$
$
16.2.06
EVERGREEN CENTER ISLANDS
4,936
$
$
GRAND WEEKLY TOTAL
ESTIMATED TOTAL SQUARE FEET 1,642,284
*Square footage is approximate; bidders should verify
X X
35 35
GRAND WEEKLY TOTAL FOR 35 WEEKS $ $
PRICE QUOTE FOR ADDED AREAS
]
Cost er 100 SQUARE FEET, to mow areas added during the course of the contract
$
Submitted this day of
2022
Mark outside of envelope: "SEALED BID FOR TURF MOWING CONTRACT 2022-2023"
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64
and deliver to the Village Manager's office at 50 S. Emerson St., 3rd Floor, Mount Prospect, IL 60056.
Bid Opening: Monday, February 14, 2012 at 1:00pm
Name of Company/Firm:
Address of Company/Firm:
By:
Telephone:
Date Submitted:
, 2022
Company Owner:
Address:
Telephone:
Signature:
Date: 12022
Note: All bids to remain firm for ninety (90) days.
Be sure to mark outside of envelope, "Sealed bid for TURF MOWING Contract 2022-2023"
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65
EXHIBIT B
VILLAGE OF MOUNT PROSPECT
TURF MOWING CONTRACT 2022-2023
THIS AGREEMENT (hereinafter the "Contract") is entered into by and between the
Village of Mount Prospect, an Illinois home rule municipality (hereinafter the "Village"),
and , an , located at
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 bid 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
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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:
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.
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I.&A
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 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)
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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.
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 Vilage,
is cause for immediate termination of the Contract without prior notice.
11. LENGTH OF CONTRACT
This Contract shall be in effect beginning March 1, 2022, and shall remain in effect
until December 31, 2023, 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 one-year term beyond the termination date by mutual, written
agreement between the Village and the Contractor. The Contractor must agree to
hold their prices at the same rate as the previous year. The Village reserves the
right to re -bid the contract at the end of any contract period.
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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.
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.
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70
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.
In Witness thereof, the said parties have executed and signed this contract
on .2022.
VILLAGE OF MOUNT PROSPECT, an
Illinois Municipal Corporation
I:y1
Attest:
Karen Agoranos
Deputy Village Clerk
Corporate Name:
BY:
Its
Attest:
Secretary
(Corporate Seal)
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