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Home My WebLink About03/01/2022 Motion to accept bid for 2022-2023 Turf Mowing contract in an amount not to exceed $81,235Item Cover Page bject Motion to accept bid 2022-2023 MowiniT contract in an amount not to exceed $81,,235. Meeting March 1, 2022 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD -- Fiscal Impact true Dollar Amount $81,235.00 Budget source General Fuad 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 snow 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. below.Seven (7) invitational bids were mailed. The bid was also placed on the (7) bids were received. Bid results are shown Testa I B i d Bidder 2022 2023 . Prue 1 Allscape Incorporated $73,850.00 $92,295.00 $166,145.00 Cornerstone Partners Horticultural $78,960.00 $95,340.00 $174,300.00 Services Co Langton Group $79,998.45 $101,824.10 $181,822.55 Milieu Landscaping * $85,680.00 � $106,820.00* $192,500.00 City Escape Garden & Design, ,� LLC $85,334.20 * $107,481.85$192,816.05 Certified Solutions Inc. * $82,,714.10*$122, 063.55 $204,r777-65 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 pillage'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,r850.00 + 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 pillage Board. Staff Recommendation Staff recommends that the pillage Board accept the lowest cost bid for the 2022 and 2023 turf mowing contract as submitted by Allscape, Inc., of Romeoville, KA 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: AIIscapo_-_Turf mowing_submittal. pdf BID -TURF MOW 2022-2023.pdf M EXHIBIT A (Upon award attached to CONTRACT Exhibit A) Bid Proposal Form Village of Mount Pros,pect TURF MOWING CONTRACT 2022-2023 OWNER INFORMATION Owner Name �'- L'�'o N/ of contract, to be TURF MOWING 2022-2023 as This Business is a: F-1 Individual Proprietorship F-1 Joint Venture F-1 Partnership 9 Corporation If applicable, give names and addresses of all partners, officers or directors, Name Address �,�✓lti�-J D � L w�� 1� 1 � �t,bl R�-1 KV. Pz MQ V t LLQ, G L �,O q'tL Has the applicant, business, or member of the business ever had a license or contract revoked, suspended or cancelled? ❑ YESNO 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 F -I 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 go 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, I hereby certify that: 1 I will not assign or subcontract any contracted work or services for the Village without prior written approval of the Corporate Authorities of the Village of Mount Prospect; 2, Neither 1, nor any person who will be working on my behalf, has been convicted under the laws of Illinois or any other state of an offense which under the laws of this state would be a felony involving the theft of property, violence to persons, or criminal damage to property. Please note that in the case of a person whose last conviction was more than two years past, and can demonstrate a compelling showing that he/she is nevertheless fit, such person or operator may be approved by the Village Manager if otherwise eligible; 3. I am not barred by law from contracting with the Village because of a conviction for prior violations of either Sections 33E-3 or 33E-4 of the Illinois Criminal Code of 1965 (720 ILCS 5/33E-3 (Bid Rigging) or 720 ILCS 5/33-4 (Bid Rotating)); 4, 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; 5a 1 provide a drug free workplace pursuant to the Drug Free Workplace Act (30 ILCS 58011, et 6. 1 shall comply with Article 2 of the Illinois Human Rights Act (775 ILCS 512-101, ets_ eg.), 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 1011 et seq.); and �4i 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- 2 0 23. Name of Company ;- ,tea - � ,l�, .. ._ Bid Submitted By Position in Company a�'� ., Phone No. Lj I Li 1 q 3 Date 13--- Bidder must use the official firm name and authorized representative must sign. 91 BID FORM TURF MOWING CONTRACT 2022-2023 Village of Mount Prospect Department of Public Works FROM: zNc0CP+2A-r�,p (hereinafter called "Bidder") TO: office of the Village Manager, 3rd Floor 50 South Emerson Street Mount Prospect, Illinois 60055 (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. 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: m mAddendum Addendum_Date Acknowledgement by Bidder or Authorized Date �mmmmmmm No.A/Re. . ..... ................................. ............ [ ...................................................................................... . . . . . .......... ................................... ................ presentative Acknowled ed C) ............ . . ... . ....... ....... . .............................................................................................. . .......................... ............. Yom. I ...... n ...... .... 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 Vilest 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 in form of (check one): Bid Bond certified Check Bank Cashier's Check is attached hereto in accordance with the "Instructions for Bidders". 291Page 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-,T .. �-- Lo /2, (b a, ^�--_. 0 d (Signature) Title- Dates Contact Information:. Official Address'.�" '� �Z ��---'r A"v - 10 AFFIDAVIT— BID CERTIFICATION FORM Bidder: Company/Firm Name: -�- I\f- CO �Z-- AVL"Mr��" Address , .-r A- � 11 0 VK I, C t�- As a condition of entering into a contract with the Village of Mount Prospect, and under oath and penalty of perjury and possible ter ination of contract rights and debarment, the undersigned, _1. 1.Lw , being first duly sworn on oath, deposes and states that he or she is(sole owner, partneir, joint Ventured,. Presid t-000 Secretary, etc.) of °� N and has the authority to make all m� �. y (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 Rotatin The undersigned further states that m.. �.- `�--- -.,T7N k0(Z kT1b (Name of Company) is not barred from bidding or contracting as a result of a conviction for violations of state laws prohibiting bid rigging or bid rotating or any similar offense of any state of the United States, as provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code, 720 ILCS 5/33E-31 33E-4. Section III Dru 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. G YA Section IV Tax Payment The undersigned further states that. i�- 17 N C, 0& PC) 4&-T`y-,4is (Name of Company) not delinquent in payment of any taxes to the Illinois Department of Revenue, in accordance with Illinois Compiled Statues, 55 ILCS 5111-42.1. The undersigned understands that making a false statement regarding delinquency in taxes is a Class A Misdemeanor and, in addition, voids the contract and allows the municipality to recover all amounts paid to the individual or entity under the contract in civil action. Section V Sexual Harassment Policy Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A), every party to a public contract must: "Have written sexual harassment policies that shall include, at a minimum, the following information: (I) the illegality of sexual harassment; (II) the definition of sexual harassment under State law; (III) a description of sexual harassment, utilizing examples; (IV) the vendor's internal complaint process including penalties; (V) the legal recourse, investigative and complaint process available through the Department (of Human Rights) and the Commission (Human Rights Commission); (VI) directions on how to contact the Department and Commission; and (VII) protection against retaliation as provided by Section 6-101 of the Act. (Illinois Human Rights Act)." A "public contract" includes: ...every contract to which the State, any of its political subdivisions or any municipal corporation is a party." 775 ILCS 5/1-103 (M) (2002), The undersigned further states that (�LSCAP�, �%VCA �� 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 Mies t all information contained in this Affidavit is true and correct. Signed by. Title,* VW. A Signat re Name Printed: Signed and sworn to before me this day of WmsMr"°M My c.h mission expires. �yiWr rxw.wwwwN«uvNwew rn.Mnr««rHm.nrrnwn.n Notary Public SUSAN M FUERTE Official Seal Notary Public - State of Illinois MY Commission Expires Sep 28, 2024 331 Page 13 BID SECURITY Included with this bid is a bank cashier's check, certified check or bid bond in the amount of$500 by �'�Po �j � , 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 DAY OF ��'�' �h"� , 20'7,76- SEAL 0Z? SEAL (if corporation) AJ L 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: "T Incorporated under the laws of the State of -� �'c'� � 341 Page 14 PERFORMANCE BOND Bond No. �� 4-cAA i A/ L� Principal Amount: . . ....... b - -------- Contract: - `' KNOWN ALL MEN BY THESE PRESENTS, that Contractor a_ AKIO N M M as Principal (hereinafter "Contractor"), and L-1=1111, A µ I ,,,., , with main office at 6060 tJ . r r . �t t L_ - , a corporation of the state of L, ,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 '6 ( (Y -VI 0 . V� , � ' `10,1 00ollars bt Z�� lawful mane of the United ��} Y 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 Vlilaeg 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 (115) 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. 361Page 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 . TitleactzA "- ATTEST . .................................. . ... . ......................................................................................................................................... .. .. .. .. .. .. . . . . . . Corporate Secretary (corporations only) STATE OF COUNTY OF Surety M Officer Of The Surety Title Address: NOTARY I, ,, a Notary Public in and for said county, do hereby certify that (Insert Name of Attorney -I n- 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 ) 201 Notary Signature My Commission expires: 17 The undersigned herewith submits a bid on the Turf Allowing Contract 2019-2020 in accordance with the All bids to be delivered to the office of the Village Manager at 50 S Emerson St., 3rd Floor, Mount Prospect, 50055, prior to 1:00pm on February 18, 2019. attached documents. IL 2022 2023 Map # Turf Mow n Locations Est. Sq. Weekly Weekly Ft.* Mowing owing Mowing 01.0.01 RIVER RD. 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RAND RD. 07.2.02 . . . . . ..........................................HWEST WHEELING ROAD WEST SIDE...I I S01"J"'11'l.-.I..OFMKENSIN IT 19 281 07.2.03 BUSINESS CENTER DRI......................................................................... .......VE & FEEHA. ..................NVILLE CENTER ISLAND . . ................................................................................... ................ ......................................................... 682 ............................... 07.2.04 BIERMANN COURT CENTER ISLAND 5,672 07.2.05 SLAWIN ........ . ................. .CO. ........URT CENTER ISLAND .......... .......................... . . . . . . . ..................................................................................... . .................................... .- ............................ . ............5672 07.2.06 BISHOP COURT CENTER ISLAND5$............... ........................................ 111,111,111,111,1111,l,"""""""l.-.,�,�,�,�,�,�,�,�,�,�1--l�,�� ...539 07.2.08 LAKEVIEW COURT . . . . . . .CE. . . . . . . . . .NTER. ISLA.......... . .... . .........................................................................................ND .................. ......... . ........................................................................................................ . . . . .... . . . . ........................................................... . ...........67.2.09 .5,.539 KINGSTON COURT CENTER ISLAND . . . . . ........................ . .... . .... . .......................................................................................................................................................................... .......... ...... . ............................................ . . . . . . . . .5w672 07. 2.10 FEEHANVILLE. . . . . . . . . ............... CENT"I ...............ER. 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EVERGREEN CENTER ISLANDS ,,,,,,,,,d,d,d..............................M M .M�,„, x.w�,� m mmmmmmmmmmm........... ........... mmmmmmm xwx mm mmmmm mmmmm mmmmmmmmmmmmmmmmmm. .m..uuuu 4.936 ....,,.uuuuuuuu.r�.,,,,r.uu $ F $ .............................................. x x, , w...... wx.................. --a—..........I GRAND NEEKYTOTAL ESTIMATED TOTAL SQUARE FEET 1,842,284 *Square footage is approximate; bidders should verify X X 35 35 GRAND WEEKLY TOTAL FOR 35 WEEKS $��2�` PRICEWQUOTE FOR ADDED AREAS .1 Cost mr 100 SQUARE FEET, to mow areas added durina the course of the contract bc, � b Submitted this I �� day of -PYA' (L -V &L4, "1 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 50055. Bid opening: Monday, February 14, 2012 at 1:00pm f Company/Firm: Name .._o......_.._w...._...1...,(..� c.-J�.."�'_M... �:�✓..�-.-.U.2.._�'._.wwwww..�..wwwww..�.ww.._w._ww..�_....w......._ Address of Company/Firm, ......... ................................. . ..... V� A t) 0 L4 By: If vo,,#' (,SAA* c�- 4�) Telep he,e) i -r-7 q — -7 ( 1Y,3 Date Submitted: ............... . . . . . ........... I.., .......... ...... . . .... „ 2022 Company Owner: uo 4 add........... ...ww ............................. ........................................._ _... .................................................................................... .............. . ............ . ............ ......................... Telephone; � ( � � ,� L -............- f (.....3 Signature ........w .................... .. .. .. Date: Note: All bids to remain firm for ninety (90) days. 2022 Be sure to mark outside of envelope, "Sealed bid for TURF MOWING Contract 2022-2023" 21 References; Mr. Currie Rhodes, Romeo -Brook Properties 4815 Creek Dr. Western Springs, IL. 60558 708 / 246-0906 � "� t.?� — Z -j [ � � .� C`�– Mr. Ken Lindsay, Schneider logistics 26453 Center Pointe Dr. Elwood, I L. 60421 815 % 641-1594 Mrs. Ann Rita Mitchell, Shiner Group 3201 Old Glenview Rd_ #301, Vlriimette, iL. 60091 847 % 2.56-2572 , WIA 1►i ti5'Rif� �T:� 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 BI D120221B1 D -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 00050, in a separate, sealed envelope please submit bid clearly marked "Sealed Bid for TURF MOWING CONTRACT 2022-202371 . 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 847-870-5040. Village Manager Michael Cassady January 27, 2022 2 1 Il;;;;;;;g TURF MOWING CONTRACT 2022-2023 Table of Contents Section Pa_g 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 38 Bid Sheet 38 Contract — Exhibit B 42 a g e VILLAGE OF MOUNT PROSPECT TURF MOWING CONTRACT 2022-2023 BID PACKET The Village of Mount Prospect is seeking bids for its: TURF MOWING CONTRACT 2422-2423 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 2422-2423. 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, 2422 and shall remain in effect until December 31, 2423, 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 — 2422-2423" and the date of 5 1 Il;;;;;;;g 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 B). 4. AWARD OF CONTRACT To SUCCESSFUL BIDDER The Village of Mount Prospect will be the sole interpreter of all bid documents, and reserves the right to make its own assessment of bids received; to reject any and all bids; to waive irregularities and technicalities in the bids; to further negotiate details of the 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. 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. I) Ability to work cooperatively with the Village and its staff. m) Past records of the bidder's transactions with the Village or with other entities as evidence of the bidder's responsibility, character, integrity, reputation, judgment, experience, efficiency and cooperativeness. n) Such other factors as would be in the best interest of the Village and its operations. 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 99 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. 5. 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. 1 1 . All equipment and material bid shall be in accordance with all applicable federal, state and local laws, rules and regulations in effect at the time of the bid. 12. Bids will be considered on equipment or material complying substantially with the specifications, provided each deviation is stated and the substitution is described, including technical data when applicable, in a letter attached to the bid. The Village reserves the right to determine whether such substitutions or deviations are within the intent of the specifications and will reasonably meet the service requirements of the applicable Village Department. Brand names which may be mentioned in the specifications do not indicate a preference and are used only as a reference to the type and quality of materials or equipment desired. 1 3. 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. 1 5. 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. 33 1 5. 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 aOD, 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. 2 1 . 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 contain i nq 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 50055 Phone: 847.870.5540 Email: dhull@mountprospect.org 10 1Il;;;;; ;;;, g e 34 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 100 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 12 1Il;;;;; ;;, g e 36 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 i mmed iately 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. 13 1Il;;;;; ;;, g e 37 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. I. 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. 14 1Il;;;;; ;;, g e W 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 - 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. 15 1Il;;;;; ;;, g e M GENERAL CONDITIONS A. Award of Contract: Performance: Pavrnent 1. The Village will issue a Notice of Award to the successful bidder, advising that it has been awarded the contract. Within ten (10) business days of delivery of the Notice of Award, by personal service or registered or certified U.S. Mail, postage prepaid and receipt requested, the contractor shall execute the contract, attached to the Bid Documents, and furnish the Village with any required bonds and certificate of insurance. 2. Upon the Village's receipt of the executed contract, any required bonds and certificate of insurance, the Village will issue and send to the contractor a Notice to Proceed, that will start the performance period. 3. completion Dates 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, 16 1Il;;;;; ;;, g e 40 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. 6. 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. 17 1 Il;;;;; a g e 41 B. Performance of the Rewired 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. 42 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 Reguirements. 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/ Type of Insurance Ea. occurrence Aggregate General Liability Bodily Injury $13000,000 $3,000,000 Property Damage $11000)000 $3,000,000 Contractual Ins. $1,000,000 $3,000,000 Automobile Liability Bodily Injury $130009000 $1 ,000,000 Property Damage $1,000,000 $ Workers Compensation Employee Claims Employers Liability Statutory for Illinois $1,000,000 per accident 43 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: 2 o 1 Il;;;;; a g e 44 a. Bid Rigg ing/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 5133E-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 05 ILCS 5/11-42.1-1. C. Drug Free Workplace Act. The contractor will comply with the requirements of the Drug Free Workplace Act if the contract is $5,000 or more, and it has more than 24 employees at the time of entering into the contract pursuant to 30 ILCS 580, et seq. d. Preference to Veterans Act. The contractor will comply with the Preference to Veterans Act, 330 ILCS 55, et seq. f. Non -Discrimination. The contractor will comply with the Illinois Public works Employment discrimination Act, 775 ILCS 1011, et seq. g. Equal Employment opportunity. The contractor will comply with Article 2 of the Illinois Human Rights Act (775 ILCS 512- 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 21 45 E. F. 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. Work Guaranty �. 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 i n respect to any express warranties or responsibility for failure to comply with the terms of those contract documents. Miscellaneous contract Requirements 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. 22 1Il;;;;; ;;;, g e I .F � fJ 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: F-1 Individual Proprietorship F-1 Joint Venture F-1 Partnership F-1 Corporation If applicable, give names and addresses of all partners, officers or directors. 111 Has the applicant, business, or member of the business ever had a license or contract revoked, suspended or cancelled? F-1 YES If yes, explain in full detail on a separate sheet of paper. F-1 NO 24 1Il;;;;; ;;, g e Does the business currently hold a license or have a contract with any other municipality for service? F-1 YES F-1 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? F-1 YES F-1 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. I am not barred by law from contracting with the Village because of a conviction for prior violations of either Sections 33E-3 or 33E-4 of the Illinois Criminal Code of 1965 (720 ILCS 5/33E-3 (Bid Rigging) or 720 ILCS 5/33-4 (Bid Rotating)); 4. I am not delinquent in payment of any taxes to the Illinois Department of Revenue pursuant to Section 11-42.1-1 of the Illinois Municipal Code (65 ILCS 5/11-42.1-1) or in any payment, fee or tax owed to the Village; 5. I provide a drug free workplace pursuant to the Drug Free Workplace Act (30 ILCS 580/1, et seq•); 0. 1 shall comply with Article 2 of the Illinois Hu man Rights Act (775 ILCS 5/2-101, etsem. ), 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. I shall comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1 et seq.); and 25 1Il;;;;; ;;, g e g. All of the information I have provided in this Application has been truthful and given in good faith. 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 W ITOTIT3 01591 Date Bidder must use the official firm name and authorized representative must sign. 26 Il;;;;; ;;, g e 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 60055 (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. 28 1Il;;;;; ;;, g e 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 in form of (check one): Bid Bond Certified check Bank Cashier's check is attached hereto in accordance with the "Instructions for Bidders 29 1Il;;;;; ;;, g e 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. 30 1Il;;;;; ;;, g e 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 Rigging and Rotating The undersigned further states that (Name of Company) is not barred from bidding or contracting as a result of a conviction for violations of state laws prohibiting bid rigging or bid rotating or any similar offense of any state of the United States, as provided in Sections 33E-3 and 33E-4 of the Illinois criminal code, 720 ILLS 5133E-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 I LCS 580/17 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 28511 et seq., a substance abuse prevention program that meets or exceeds these requirements of that Act. 32 1Il;;;;; ;;, g e 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, 05 ILCS 5/11-42.1. The undersigned understands that making a false statement regarding delinquency in taxes is a Class A Misdemeanor and, in addition, voids the contract and allows the municipality to recover all amounts paid to the individual or entity under the contract in civil action. Section V Sexual Harassment Policy Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A), every party to a public contract must: "Have written sexual harassment policies that shall include, at a minimum, the following information: (I) the illegality of sexual harassment; (II) the definition of sexual harassment under State law; (III) a description of sexual harassment, utilizing examples; (IV) the vendor's internal complaint process including penalties; (V) the legal recourse, investigative and complaint process available through the Department (of Human Rights) and the Commission (Human Rights Commission); (VI) directions on how to contact the Department and Commission; and (VII) protection against retaliation as provided by Section 6-101 of the Act. (Illinois Human Rights Act)." A "public contract" includes: ...every contract to which the State, any of its political subdivisions or any municipal corporation is a party." 775 ILCS 5/1-103 (M) (2002), The undersigned further states that 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: Signed and sworn to before me this day of My commission expires: Notary Public Title: ,20 33 1Il;;;;; ;;, g e 57 BID SECURITY Included with this bid is a bank cashier's check, certified check or bid bond in the amount of 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 (go) days after bid opening date. SUBMITTED THIS DAY of SEAL (if corporation) 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 1Il;;;;; ;;, g e PERFORMANCE BOND a=,'rem 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 Il;;;;; ;;, g e 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 Contractor By: Signature Title ATTEST: Corporate Secretary (corporations only) STATE OF 191611 U ' 611 , 202 S u re ty OVA Officer of The Surety Title Address: AInTORY I, , a Notary Public in and for said county, do hereby certify that (Insert Name of Attorney -In -Fact for Surety) who is personally known to me to be the same person whose name is subscribed to the foregoing instrument on behalf of Surety, appeared before me this day in person and acknowledge respectively that he/she signed, sealed, and delivered said instrument as his/her free and Voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this Notary Signature: day of My Commission expires: . 201 37 1Il;;;;; ;;;, g e 61 Bid Sheet The undersigned herewith submits a bid on the Turf Mowing Contract 2619-2625 in accordance with the attached documents. All bids to be delivered to the office of the Village Manager at 55 S Emerson St., 3rd Floor, Mount Prospect, IL 66656, prier to 1:00pm on February 18, 2019. 38 1If, )' .;; ;;, e * y'd 2022 2023 Ma # Turf Mowing Locations Est. Sq. Weekly Weekly Ft.* Mowing Mowing $ $ 1.9.01 RIVER RD. EAST SIDE (FROM SEMINOLE TO END OF LEVEE WALL 99, 763 INCLUDING 1Q ON EAST SIDE OF LEVEE WALL) 01.9.92 RIVER RD. WEST SIDE (SEMINOLE TO RIVER WEST CT.) 412036 $ $ 02.0.01 MANDEL LANE & CAMP MCDONALD RD. (S.W. CORNER, PARKWAY ONLY) 21932 $ $ 02.9.92 RIVER RD. WEST SIDE (BEHIND 1423 PARK DR. TO TANG LN) 15,859 $ $ 62.0.03 WOLF RD (EAST SIDE) FROM 1329 EUCLID NORTH TO METRA STATION - PARKWAY ONLY 71200 $ $ 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) 31887 $ $ 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 $ $ 94.2.92 EUCLID SOUTH SIDE (BETWEEN HEMLOCK & WESTGATE) 19,601 $ $ 04.2.03 EUCLID SOUTH SIDE (BETWEEN WESTGATE & SYCAMORE) 232462 $ $ 04.2.04 EUCLID SOUTH SIDE (BETWEEN SYCAMORE & GAS STATION) 212569 $ $ 04.2.95 KENSINGTON NORTH SIDE (FROM WHEELING ROAD TO BRENTWOOD LN.) 14,209 $ $ 04.2.96 KENSTNGTON NORTH SIDE (BRENTWOOD LN TO HEMLOCK LN) 24,115 $ $ 04.2.97 KENSINGTON NORTH SIDE (HEMLOCK LN TO WESTGATE RD) 21,665 $ $ 04.2.98 KENSINGTON NORTH SIDE (ALONG FENCE AT 841 WESTGATE) 31836 $ $ 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) 43558 $ $ 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) 15P985 $ $ 05.1.07 RAND RD. NORTH SIDE (SCHOENBECK W. TO CREDIT UNION DRIVEWAY) 122495 $ $ 05.1.08 RAND ROAD PUMPHOUSE (BETWEEN 445 & 441 W RAND ROAD) 91102 $ $ 05.1.09 CAMP MCDONALD ROAD (SOUTH SIDE FROM STONEGATE MANOR TO 122700 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 -LANK) 10,966 $ $ 38 1If, )' .;; ;;, e * y'd 05.2.02 FOREST AVENUE WEST SIDE FROM KEN SIN GTON ROAD TO PARK 20,000 05.0.02 GREGORY & WILLIAM LOT (ALSO ALONG RAND ROAD - ISABELLA TO HIGHLAND) 27,482 $ $ 05.0.06 THAYER ST. AND LOUIS ST DEAD END - FROM TAHEYR ST TO DETENTION BASIN 21900 $ $ 07.1.01 RAND RD. NORTH SIDE (BOTH SIDES ALONG RAND AT 600 AND 401) 31758 $ $ 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}878 $ $ 07.2.02 WHEELING ROAD WEST SIDE (SOUTH OF KENSINGTON) 199281 $ $ 07.2.03 BUSINESS CENTER DRIVE & FEEHANVILLE CENTER ISLAND 682 $ $ 07.2.04 BIERMANN COURT CENTER ISLAND 53672 $ $ 07.2.05 SLAWIN COURT CENTER ISLAND 53672 $ $ 07.2.06 BISHOP COURT CENTER ISLAND 5539 $ $ 07.2.08 LAKEVIEW COURT CENTER ISLAND 5539 $ $ 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 1 BUSINESS CENTER DR. S.W. CORNER 4,480 $ $ 07.3.03 902 ARDYCE BASIN 167063 $ $ 07.3.05 GREGORY & MARCELLA NORTH SIDE ALONG FENCE 37250 $ $ 07.3.06 THAYER & STEVENSON CENTER ISLAND 681 $ $ 07.3.07 CENTRAL RD. NORTH SIDE (EAST OF 1 N. STEVENSON ALONG FENCE) 41016 $ $ 09.0.07 MOUNT PROSPECT RD. WEST SIDE (PROSPECT AVE. SOUTH 350') 31922 $ $ 09.0.08 INNER CIRCLE CENTER ISLAND 881 $ $ 09.0.09 MARINA DRIVE CENTER ISLAND 881 $ $ 09.0.13 VILLAGE LOT (216 S. EMERSON) 71175 $ $ 09.0.17 EAST SIDE ELMHURST RD. NORTH OF CREEK 71856 $ $ 10.0.01 GOLF RD. NORTH SIDE (LOUIS TO EAST OF GOLFVTEW PLACE) 17,190 $ $ 10.0.04 HIAWATHA & EMERSON N.E. CORNER (PARKWAYS ONLY) 21064 $ $ 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 & LONNQUTST) 41452 $ $ 12.0.02 GOLF RD. SOUTH SIDE (FROM 1001 ROBERT TO 1005 CYPRESS) 20,356 $ $ 12.0.03 GOLF ROAD & LINNEMAN BASIN (SW CORNER) 26p522 $ $ 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 8Y975 $ $ 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 482850 $ $ 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 $ $ 39 1If, ), a g e 63 15.2.64 GOLF RD. NORTH SIDE (FROM ST. CECILIA CHURCH TO DRIVEWAY TO 297058 $ THE WEST) 2,921 16.1.61 CRUMLEY BASIN (135 S. BUSSE ROAD) 215,641 15.1.62 WELLER LANE WEST SIDE (FROM CENTRAL RD. TO HOUSE IN CUL-DE- PINE & HENRY CENTER ISLAND 226 SAC) 26,439 16.1.65 BUSSE RD. NORTH AND SOUTH OF SUSAN 13,$21 16.3.61 BUSSE RD. EAST SIDE (RUSTY TO ESTATES - ALONG GOLF COURSE 68.6.67 RRROW ON NWHWY CENTRAL TO WEST LOT FENCE) 29,486 16.3.62 OJIB WA TRAIL WEST SIDE (ACROSS FROM 419-421) 11696 16.3.64 WELL #11 (BACK BY GOLF COURSE MAINTENANCE SHOP) 21308 17.6.64 PROSPECT AVE. NORTH SIDE (KENILWORTH EAST TO TRIANGLE PAST 91974 $ GUARDRAIL) 212758 17.6.65 PROSPECT AVE. NORTHSIDE (VACANT LOT - NORTH OF 210 N. $ $ KENILWORTH) 16,127 THE FOLL O WING L DCA TIONS ARE CURRENTLY MAINTAINED THROUGH THE VILLAGE'S LMC CONTRACT FOR 2022. HO AVE VER, THE FOLL O WING LOCATIONS COULD BE ADDED TO THE MOWING CONTRA CT IF FUNDING PREVENTS THE LOCATIONS FROM BEING INCLUDED ON FUTURE LMC CONTRACTS STARTING 2023 AND BEYOND. THESE L OCA TIONS COULD BE ADDED TO THE MO WING CONTRACT STARTING 2 02 3, AND THEIR PRICING WILL BE INCLUDED IN THE BID TALLY 65.1.01 WELL #17 (1480N. ELMHURST RD) 297058 $ $ 65.4.62 $ $ $ $ 65.4.65 PINE & HENRY CENTER ISLAND 226 $ $ 65.4.66 $ $ THE FOLL O WING L DCA TIONS ARE CURRENTLY MAINTAINED THROUGH THE VILLAGE'S LMC CONTRACT FOR 2022. HO AVE VER, THE FOLL O WING LOCATIONS COULD BE ADDED TO THE MOWING CONTRA CT IF FUNDING PREVENTS THE LOCATIONS FROM BEING INCLUDED ON FUTURE LMC CONTRACTS STARTING 2023 AND BEYOND. THESE L OCA TIONS COULD BE ADDED TO THE MO WING CONTRACT STARTING 2 02 3, AND THEIR PRICING WILL BE INCLUDED IN THE BID TALLY 65.1.01 WELL #17 (1480N. ELMHURST RD) 297058 $ $ 65.4.62 RRROW ON NWHWY (WATERMAN TO CENTRAL) 170,535 $ $ 65.4.65 PINE & HENRY CENTER ISLAND 226 $ $ 65.4.66 RIDGE & HENRY CENTER ISLAND 717 $ $ 68.6.67 RRROW ON NWHWY CENTRAL TO WEST LOT 227703 $ $ 08.0.11 RRROW ON NWHWY (EAST LOT TO MP RD) 927429 $ $ 09.0.66 PROSPECT AVE. SOUTH SIDE (MT. PROSPECT RD. TO ALBERT) 91974 $ $ 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 16766 $ $ 16.2.06 EVERGREEN CENTER ISLANDS 41936 $ $ 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 per 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" 40 1If, ), a g e 64 and deliver to the Village Manager's office at 50 S. Emerson St., 3rd Floor, Mount Prospect, IL 60055. 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: , 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" 41 9 e 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. Com ply with Article 2 of the I II i noir H uman Rig hts Act (775 1 LCs 512-101, 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 42 1Il;;;;; ;;, g e 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. 43 1Il;;;;; ;;;, g e I� 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. 5} 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. 5. 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 I LCS 50511 et seq. 8. HOLD HARMLESS AGREEMENT (CONTRACTUAL LIABILITY) 44 1Il;;;;; ;;, g e 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. 1 1 . 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. 45 1Il;;;;; ;;, g e 12. COMPLIANCE WITH FREEDOM OF INFORMATION ACT REQUEST The Illinois Freedom of Information Act (FOIA), 5 ILCS 14011 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. 46 1Il;;;;; ;;, g e 70 1 8. 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 M Attest: Karen Agoranos Deputy Village Clerk Attest: Secretary (Corporate Seal) W►-0WJ Corporate Name: VILLAGE OF MOUNT PROSPECT, an Illinois Municipal Corporation Its 4 7 1 Il;;;;; a g e 71