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HomeMy WebLinkAbout6.8 Motion to accept proposal for Contractual Snow and Ice Control Services for an amount not to exceed $163,307.Subject Meeting Fiscal Impact (Y/N) Dollar Amount Budget Source Category Type Information Item Cover Page Motion to accept proposal for Contractual Snow and Ice Control Services for an amount not to exceed $163,307. October 17, 2023 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD Y $163,307 General Fund and Motor Fuel Tax Fund CONSENT AGENDA Action Item For many years, the Public Works Department has utilized a private contractor to supplement snow and ice removal efforts. The scope of the contracted work included snow removal on cul- de-sacs (110), village -owned parking lots (11), and one (1) of our seven (7) residential street sections (19.46 centerline miles). The contracted work is an integral component of the department's snow and ice control plan. BID RESULTS: The Villages last contract for snow and ice removal services expired in the spring of 2023. Subsequently, staff prepared a detailed request for proposals (RFP) intended to secure these services for the winter periods commencing in the fall of 2023. The proposed term is three (3) years with two (2) optional one (1) year extensions if both the Village and the contractor agree. Prices are valid for the 2023/2024 winter season. Rates for subsequent seasons are limited to the annual Consumer Price Index (CPI). The escalator is collared by 2% minimum increase and a 4% maximum increase. The average CPI increase during the last three (3) years has been approximately 5.5%. The rates indicated for cul-de-sac plowing and parking lot plowing are paid per occurrence. The fee for the residential section plowing is a flat fee paid for the season regardless of the snowfall event frequency or volume up to 55" total accumulation. Snow removal is compensated at an hourly rate when seasonal accumulation exceeds 55". The average snowfall is 37 inches. The Village has only exceeded 55" once during the last fifteen years. Three (3) proposals were received. The results are summarized below: Company Cul -de -Sac (per pass) Parking Lots (per [pass) Residential Section Total Maxx Contractors $6,850 $3,055 $104,200 $114,105 Discussion The lowest cost proposal was submitted by Maxx Contractors Corporation of Des Plaines, Illinois (Maxx). Maxx has performed snow removal & ice control services for the Village for the last ten (10) years and staff has found their services to be exceptional. They have demonstrated sufficient ability and resources to effectively and efficiently respond to all call - out requests regardless of snowfall accumulations. Maxx's proposal is twenty percent (20%) lower than the next lowest submittal. Further, staff conducted a post proposal meeting with the principal of Maxx Contractors Corp. to discuss their understanding of the proposal requirements and the Village's performance expectations. Staff is confident that Maxx has the adequate resources, experience and appropriate supervisory personnel to successfully execute this contract. Alternatives 1. Accept proposal from Maxx Contractors, Inc. for the 2024-2026 Snow and Ice Control Services Contract. 2. Action at the discretion of the Village Board. Staff Recommendation Staff recommends accepting the lowest cost proposal as submitted by Maxx Contractors Corp. of Des Plaines, Illinois for specified snow removal and ice control services during the 2023/2024, 2024/2025 and 2025/2026 winter seasons. Expenditures will be limited to those appropriated by the Village Board in 2024, 2025 and 2026 budgets ($163,307) and pursuant to rates and terms indicated in the request for proposal documents. Staff also recommends that the Village Board authorize up to two (2) additional one (1) year terms for (2026/2027 and 2027/2028) provided both the Village and the contractor agree. Attachments 1. Snow Removal Ice Control 2023-2026 - Maxx Contractors Corporation Pet's Perfection Plus $7,580 $4,325 $127,000 $138,905 Se Inc. $11,000 $3,965 $152,000 $166,965 Discussion The lowest cost proposal was submitted by Maxx Contractors Corporation of Des Plaines, Illinois (Maxx). Maxx has performed snow removal & ice control services for the Village for the last ten (10) years and staff has found their services to be exceptional. They have demonstrated sufficient ability and resources to effectively and efficiently respond to all call - out requests regardless of snowfall accumulations. Maxx's proposal is twenty percent (20%) lower than the next lowest submittal. Further, staff conducted a post proposal meeting with the principal of Maxx Contractors Corp. to discuss their understanding of the proposal requirements and the Village's performance expectations. Staff is confident that Maxx has the adequate resources, experience and appropriate supervisory personnel to successfully execute this contract. Alternatives 1. Accept proposal from Maxx Contractors, Inc. for the 2024-2026 Snow and Ice Control Services Contract. 2. Action at the discretion of the Village Board. Staff Recommendation Staff recommends accepting the lowest cost proposal as submitted by Maxx Contractors Corp. of Des Plaines, Illinois for specified snow removal and ice control services during the 2023/2024, 2024/2025 and 2025/2026 winter seasons. Expenditures will be limited to those appropriated by the Village Board in 2024, 2025 and 2026 budgets ($163,307) and pursuant to rates and terms indicated in the request for proposal documents. Staff also recommends that the Village Board authorize up to two (2) additional one (1) year terms for (2026/2027 and 2027/2028) provided both the Village and the contractor agree. Attachments 1. Snow Removal Ice Control 2023-2026 - Maxx Contractors Corporation PROPOSALFORM Snow Removal & Ice Control Services Contract 2023-2026 Village of! Mount Prospect Department of Public Works FROM: A3t 1-24 arc) t S (Hereinafter called "Vendor") TO: Office of the Village Manager, 3rd Floor 50 South Emerson Street Mount Prospect, Illinois 60056 (Hereinafter called "Village" or "Village of Mount Prospect") Snow Removal & Ice Control Services Contract 2023-2026 The Vendors have familiarized themselves with probable work conditions required under this performance of the required services and with the Instructions for Vendors General Conditions the services to be performed and Proposal affecting the cost of the Proposal Documents which include: Specifications Proposal Form Affidavit — Proposal Certification Form Proposal Security Proposal Sheet — Snow Removal & Ice Control Exhibit B Contract Document Services Contract 2023-2026 Therefore, the Vendor 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. Vendor agrees to perform all of the required services and provide the equipment and materials described in the Proposal Documents, as follows: Vendor has Proposal on all items and has provided a price for all requested services. The Vendor acknowledges it understands all the requested services for which it has submitted a Proposal. The Vendor will complete and provide all labor, equipment, materials land mobilization (if applicable) to perform the required services as incidental to the fixedl item price for each item proposed. In submitting this Proposal, the Vendor understands that the Village reserves the right to add to or subtract from the estimated quantities. Page 37 of 66 The Village intends to award one (1) contract (if at all) for the items Proposal. If written notice of award of this Proposal is mailed, emailed or otherwise delivered to the Vendor at any time before this Proposal is withdrawn, the Vendor agrees to execute and deliver the contract in the prescribed form and furnish payment and performance bonds, or letter of credit, and the insurance certificates required by the Proposal Documents to the Village within ten (10) business days after receipt. The Vendor, and as successful Vendor/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 Proposal Documents and, comply with the requirements of the Proposal 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 Vendor in the spaces provided below: Addendum No. Addendum -Date Acknowledgement by Vendor or Authorized Representative Date Acknowledged Failure to acknowledge receipt, as provided above, may be considered sufficient grounds for disqualification of the Vendor and rejection of his/her proposal submittal. A record of all Addenda and copies of same will be available to all qualified Vendors 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 Vendor's responsibility to become fully advised of all Addenda prior to submitting its Proposal. Upon award of the contract, the Village will send Notice of Award to the successful Vendor, the Vendor must then execute the contract and provide the 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 bonds, or taking s other action as ma/ifo,,rm ailable. Security in the sum of ten (10%) perc t of the amount Proposaof (check one): Proposal Bond Certified CheckBank Cashier's Check is attached hereto in accordance with the "Instructions for Vendors". This Proposal Submittal contains the following: 1) Proposal Form Page 38 of 66 2) Affidavit —Proposal Certification Form 3) Proposal Security 4) PROPOSAL SHEET(S) — Snow Removal & Ice Control Services Contract 2023- 2026 Respectfully submi Name of Firmivor: By: _ Title: Date: Cj N�� cTc (Signature) LldC:zAl& a9l Contact Information: Official Address: 2?o Telephone: g,17- Zg7-0725 Email: �1Yi�.��Co�f/a.c7F®0'SCo�'®� ao�ncas7�. d�LT ONE (1) SIGNED COPY OF THIS PROPOSAL FORM AND PROPOSAL SHEETS (Pages 31-50) ALONG WITH THE AFFIDAVIT — PROPOSAL CERTIFCATION FORM, AND PROPOSAL SECURITY SHALL BE SUBMITTED IN A SEALED MARKED ENVELOPE. Page 39 of 66 AFFIDAVIT — PROPOSAL CERTIFICATION FORM Vendor: Company/Firm Name: it-iu c0 0-S Address: 2Z o GLS cc-alw As a condition of entering into a contract with the Village of Mount Prospect, and under oath and penalty of perjury and os ible termination of contract rights and debarment, the undersigned, Lci- being first duly sworn on oath, deposes and states that he or sli& is(sole owner, parWer, joint ventured, President, Secretary, etc.) of ty -I-)L/C Cz�vl—&+c�ns G®ozPoand has the authority to make all (Name of Company) certifications required by this affidavit Section I Non -Collusion The undersigned certifies that this Proposal is genuine and not collusive or a sham, that said Vendor has not colluded, conspired, connived or agreed, directly or indirectly, with any Vendor or person, to put in a sham Proposal or to refrain from submitting a Proposal, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, to fix the Proposal price element of this Proposal, or of that of any other Vendor, or to secure any advantage against any other Vendor or any person interested in the proposed contract. Section II Proposal Rigging and Rotating I The undersigned further states that �44ki &umCT6a� 6M5�Ic% (Name of Company) is not barred from submitting a Proposal or contracting as a result of a conviction for violations of state laws prohibiting Proposal rigging or Proposal rotating or any similar offense of any state of the United States, as provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code, 720 ILCS 5/33E-3, 33E-4. Section III Drug Free Workplace The undersigned further states that M 4,J CbAMP4CT ZS Ld d+�9/odi✓ (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 meet's or exceeds these requirements of that Act. Section IV Tax Payment The undersigned further states that (Name of Compa Page 40 of 66 i not delinquent in payment of any taxes to the Illinois Department of Revenue, in accordance with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned understands that making a false statement regarding delinquency in taxes is a Class A Misdemeanor and, in addition, voids the contract and allows the municipality to recover all amounts paid to the individual or entity under the contract in civil action. Section V Sexual Harassment Policy Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A), every party to a public contract must: "Have written sexual harassment policies that shall include, at a minimum, the following information: (1) the illegality of sexual harassment; (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 aNT9A CTOAS� t% i�� %'� has (Name of Company) a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105 (A) (4). /1 It is expressly a?land od the foregoing statements and representations and promises are made as a cn tot right of the Vendor to receive payment under any award made under the rove ons of this Proposal. The undersign Signed by: Name Printed: ation contained in this Affidavit � true and correct. Title: , - (a -- ,,Signature Lk (L5e-;70, Nf— Signed and sworn tj before me this day of cJ 2023. My co mmission expires: C Notary Ptiblic J OFFICIAL: `SEAL GONZALO C JOSE d notary Public. State of Illinois %1\ Commission Expiros 8/25/20? Page 41 of 66 . ' . -.> ., � ..iY:v�;Y'Yv".:'k C*'x^"-; 3= �'Y.9taa"r'L.^.K�f� a.?x sf'.�".``1I��:� i.. 'fit ;'�',._ ... s.4.:r�.�..i�s�r.J��.�iYSYV�:^wxp�:a.^n,�KaO:�'W'iM4'MFCd� PROPOSALPROPOSAL SHEET SNOW REMOVAL & ICE CONTROL SERVICES CONTRACT 2023-2026 The undersigned herewith submits a proposal on snow removal services at various locations throughout the Village of Mount Prospect in accordance ,with the attached documents. All proposals are to be delivered to Public Works, 1700 West Central Road, Mount Prospect, Illinois, 60056, prior to 1:00 p.m. on October 2, 2023. Proposal Item 1 (Cul -de -Sac Plowing) METHODOLOGY: On a separate sheet of paper please describe your methodology for plowing cul-de-sacs. The explanation must include a detailed listing of the type and quantity of vehicle/equipment to be used. In addition, the explanation should address plow operations that extend beyond a 12 -hour shift. The contractor must be able to maintain operations on a continuous basis for multiple days. The Contractor may submit a methodology that is different from the Village's minimum standard. COMPLETE CLEARING OPERATION (cost per pass) — From 2" to 6" of Accumulation Schedule of Prices Item No. 110 cul-de-sacs Plo,,,�/inq Amount $ GAS6, COMPLETE CLEARING OPERATION (cost per pass) — More than 6" of Accumulation Schedule of Prices Item No. 110 cul-de-sacs w/ air brakes endorsement driver: $ 156• Number of drivers available: Plo�rainq Amount M �r Page 42 of 66 Proposal Item 3 (Section Plowing and Ice Control "Orange") Methodology: On a separate sheet of paper please describe your methodology for plowing the residential snowplow section. The explanation must include a detailed listing of the type and quantity of vehicle/equipment to be used. In addition, the explanation should address plow operations that extend beyond a 12 -hour shift. The contractor must be able to maintain operations on a continuous basis for multiple days. The Contractor may submit a methodology that is different from the Village's minimum standard. Schedule of Prices Snow plowing curb to curb - Orange Section $ I���Z.tX)d Base Contract Price two, ` E nn -r Rate including truck and driver for work after 55" accumulation: $ fes - per hour rate. Proposal Item 4 (Parking Lot Plowing) METHODOLOGY: On a separate sheet of paper please describe your methodology for plowing parking lots. The explanation must include a detailed listing of the type and quantity of vehicle/equipment to be used. In addition, the explanation should address plow operations that extend beyond a 12 -hour shift. The contractor must be able to maintain operations on a continuous basis for multiple days. The Contractor may submit a methodology that is different from the Village's minimum standard. Parking lots include: East Commuter lot Train Station Depot 108 S. Main St. (Busse Avenue) West Commuter lot Wille Street Lot 34 W. Busse Avenue Maple Parking Garage Pine Street 111 Rand Rd 911 Kensington Rd Village Hall Parking Garage COMPLETE CLEARING OPERATION (cost per pass) Schedule of Prices Item No. 11 Parking Lots listed above. Plowing Amount I Page 43 of 66 $ COMPLETE CLEARING (cost per pass, per lot) Schedule of Prices Items: East Commuter lot West Commuter Lot Maple Parking Garage Train Station Depot Willie Street Lot Chase Lot 111 Rand Rd 1601 W Golf Village Hall Parking 2000 E Kensington 911 Kensington Rd $ Z75>,c& $ 32S-oc, $ ZZo_ 6© $ 1(00- 00 $ t (00-©0 $ 150-06 $ 46o -eco $ Z45, 0'a $ 22 0- coo $ 460.00 $ 400-o0 Methodology: On a separate sheet of paper please describe your methodology for plowing the residential snowplow section. The explanation must include a detailed listing of the type and quantity of vehicle/equipment to be used. In addition, the explanation should address plow operations that extend beyond a 12 -hour shift. The contractor must be able to maintain operations on a continuous basis for multiple days. The Contractor may submit a methodology that is different from the Village's minimum standard. Schedule of Prices ac, Snow plowing curb to curb - Purple Section $ 3-4 OCA . Base Contract Price C) C. Rate including truck and driver for work after 55" accumulation: $ per hour rate. TOTAL AMOUNT OF PROPOSAL Combination of proposal Item 1 (Cul -de -Sac Plowing) & proposal Item 3 (Section Plowing and Ice Control "Orange" Section) $ k k i 1050 Page 44 of 66 Additional Equipment Hourly rate (including labor and equipment) for any additional equipment as required under Paragraph E of Specifications and Prosecution of Work. Proposals accepted on this form only. Include a complete list of all equipment, showing year, make, model, plow or bucket size and radio type that is available for this job. Equipment Year & Make Type Rate/Hr. Pickup 1. lL > rs w/plow $ L ' 2. Zo 12 igaQ F d5:: 3. Z_ $ Q C0 O 4- c _ To—LI d-lc�i�/�.� $ c� J Z� Dump Truck (Min. 1.9� 240( �-�e' I., 75icic> zif:_ 25,000 lbs. Plow .4 $ / �y GVVV) 2. fk 10i 7_053 74=110 TC -I-/ TL), $ O_ 1 �a 3./v3 Z Da �rvTz�u foo s ire s,cz-4 s� $ 4. Z� 3 tc9�G moa 7�f� l� o $ ` Semi -trailer Truck Zoo Z Zoo 4 PcT�Jr l 71l (� Zo62 �Gk N $ J 50- Page 45 of 66 Equipment Year & Make Type Rate/Hr. End Loader 1.2W-7 7GO 5Z4 Zycf mAr-k Nc' (Rubber tire) f 5 7_c30lp 'G� 42jo 3 �d� �`'� © o $ %7• r 2. C4Tc-Alt -T Z4F 2-�Y�. MAdWALr 3.;5�jKI, Q&- .&- 2-5 ycl MachhkZ- o G `3.s :61J � e- �zE (v 2 � �- • s ��' �n� et7; � $ 2/ 5 4. N 9,41AW L vJ l3e ars � �Jyd R,•4c6/A& $ ZS5 Include list of similar proposals for snow removal of this type. The Village of Mount Prospect reserves the right to adjust quantities based, upon budget guidelines. The above listed quantities are approximate. Mark outside of envelope: "SEALED PROPOSAL: Snow Removal & Ice Control Services Contract 2023-2026," and deliver to the Public Works Department, 1700 W. Central Rd., Mount Prospect, Illinois, 60056, by 1:00 p.m., Monday, October 2, 2023. &I-61JTr 4 cZ` 4:,.3 Name of Company/Firm ?—Z-6 G—ZPt4Ch-1.4suD Avo- J1 - Address of Company/Firm By: L`7r 4S4 .,-r 4 `e6`,' Phone: 9P- 2f 7 -07Z -c( Date submitted: llz-.612, 12023. Note: Be sure to mark outside of envelope, "Sealed Proposal for Snow Removal & Ice Control Services Contract 2023-2026." Also note any exceptions to the specifications. Page 46 of 66 ZLTt--z4c7e)—a,s to COMPANY OWNER r `7l1 AD SS CITY, STATE, ZIP SIGNAXURE PHONE # 9/z g? '2023 DATE Note: All proposals to remain firm for thirty (30) days. Be sure to' mark the outside of the envelope, "Sealed Proposal for Snow Removal & Ice Control Services Contract 2023-2026." Page 47 of 66 EXHIBIT B VILLAGE OF MOUNT PROSPECT SNOW REMOVAL & ICE CONTROL SERVICES CONTRACT 2023-2026 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 /hW 4xY,4cid2S bel an :JU4�)0/s located at L-y�ac�4M l�•�t1w��_ , Illinois, (hereinafter the "Contra for"). GENERAL As stated in the Proposal document. 2. SPECIFICATIONS As stated in the Proposal document. 3. CONTRACTOR RESPONSIBILITY FOR PROPERTY/HOLD HARMLESS Contractor agrees to defend and hold harmless the Village from and against all demands, claims, suits, costs, expenses, damages and adjustments based upon any infringement of any patent relating to goods specified in the contract, and on account of the Village's use of any copyrighted or uncopyrighted, composition, trade secrets, secret process, proprietary rights, patented of unpatented invention, article or appliance furnished or used under the proposal Specifications. 4. ADHERENCE TO LAWS Employees and agents of Contractor shall obey all federal, state, county and municipal laws and ordinances during the execution of their duties under this Contract. The existence of this Contract does not exempt such individuals from compliance with such laws or ordinances, nor does it convey any special rights or privileges upon those individuals. Contractor shall meet all applicable licensing requirements of the Village In addition, Contractor is required to comply with all federal, state, county and municipal laws and ordinances, including the following: a. Provide a drug free workplace pursuant to the Illinois Drug Free .Workplace Act (30 ILCS 580/1, et seq.); b. Comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1 et seq.); C. Comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et seq.), and the Rules and Regulations of the Illinois Department of Human Rights, including establishment and maintenance of a sexual harassment policy as required by Section 2-105 of that Article and Act. d. Comply with the Americans with Disabilities Act; and Page 48 of 66 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. 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 Page 49 of 66 or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules. 6) That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules. 7) That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply therewith. In addition, the contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. With respect to the two types of subcontracts referred to under paragraph 7 of the Equal Employment Opportunity Clause above, following is an excerpt of Section 750.30 of the Department of Human Right's Rules and Regulations for Public Contracts: Title 44, Part 750, Section 750.30, Illinois Administrative Code, Subcontracts Each public contractor and subcontractor shall in turn include the Equal Employment Opportunity Clause set forth in Appendix A of this Part in each of its subcontracts under which any portion of the contract obligations are undertaken or assumed, said inclusion to be either verbatim or by reference so that the provisions of the clause will be binding upon such subcontractors. 5. FEE SCHEDULE The charges to be assessed by Contractor under this Contract are set forth in the fee schedule contained in Exhibit A. 6. LOGBOOK RECORDS & REPORTS REQUIRED The Contractor shall provide the Village with a written status report on its provision of services required by the Contract. This report shall be due before the tenth day of the following month. 7. METHODS OF PAYMENT Payment under the Contract will be made in accordance with the Illinois Local Government Prompt Payment Act, 50 ILCS 505/1 et seq. 8. HOLD HARMLESS AGREEMENT (CONTRACTUAL LIABILITY) I Page 50 of 66 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,6) for immediate termination, failure of Contractor to perform any aspect of this Contract properly and/or to provide proper treatment to the general public, in the sole discretion of the Village, is cause for immediate termination of the Contract without prior notice. 11. LENGTH OF CONTRACT This Contract shall be in effect beginning November 1, 2023, and shall remain in effect until May 1, 2026, unless terminated by either party under the conditions specified in Section 10, Contract Termination. The Contract may be extended for up to TWO (1) year periods beyond the termination date by mutual, written agreement between the Village and the Contractor. Page 51 of 66 12. COMPLIANCE WITH FREEDOM OF INFORMATION ACT REQUEST The Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1 et seq., applies to public records in the possession of a party with whom the Village has contracted. The Village will have only a very short period of time from receipt of a FOIA request to comply with the request, and there is a significant amount of work required to process a request including collating and reviewing the information. Contractor acknowledges the requirements of FOIA and agrees to comply with all requests made by the Village for public records (as that term is defined by Section 2(c) of FOIA) in its possession and to provide the requested public records to the Village within two (2) business days of the request being made by the Village. Contractor agrees to indemnify and hold harmless the Village from all claims, costs, penalty, losses and injuries (including but not limited to, attorney's fees, other professional fees, court costs and/or arbitration or other dispute resolution costs) arising out of or relating to its failure to provide the public records to the Village under this Contract. 13. Contractor shall not assign this Contract or any part thereof without the prior written consent of the Village. Approval, if any, for such assignment shall be made by the Corporate Authorities of the Village. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective assigns, legal representatives and successors in interest. 14. GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws of the State of Illinois and applicable federal law. Venue shall only be proper in a court of competent jurisdiction located within the County of Cook, Illinois. 15. SEVERABILITY The invalidity or unenforceability of one or more of the terms or provisions contained in this Contract shall not affect the validity or enforceability of the remaining terms and provisions of this Contract so long as the material purposes of this contract can be determined and effectuated. 16. INTERPRETATION Any headings of the Contract are for convenience of reference only and do not define or limit the provisions thereof. Words of gender shall be deemed and construed to include correlative words of other genders. Words importing the singular shall include the plural and vice versa, unless the context shall otherwise indicate. All references to any person or entity shall be deemed to include any person or entity succeeding to the rights, duties and obligations of such person or entity succeeding to the rights, duties and obligations of such person or entity in accordance with the terms and conditions of the Contract. 17. WAIVER OF BREACH If either party waives a breach of any provision of this Contract by the other party, that waiver will not operate or be construed as a waiver of any subsequent breach by either party or prevent either party from enforcing such provisions. 18. MERGER -AMENDMENT Page 52 of 66 This Contract sets forth the entire understanding of the parties relative to the subject hereof and supersedes any and all prior agreements, express or implied, oral or written. No amendment or modification of this Contract shall be effective unless reduced to writing and executed by the parties. 19. COUNTERPARTS This Contract may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same instrument. 20. EFFECTIVE DATE The Effective Date of this Contract shall be the date executed by the Village President and attested by the Village Clerk. In Witness thereof, the said parties have executed and signed this contract. on , 2023. M Attest: Karen Agoranos, Village Clerk Corporate Name: AM - At s : - cretary orpgrate:S.6.alj VILLAGE OF MOUNT PROSPECT, an Illinois Municipal Corporation Page 53 of 66 EXHIBIT A (Upon award of contract, to be attached to Snow Removal & Ice Control Services Extension 2023- 2026 as Exhibit A) Proposal Form Village of Mount Prospect SNOW REMOVAL & ICE CONTROL SERVICES CONTRACT 2023-2026 OWNER INFORMATION Owner Name: Address 2Z© Business Name: MAY-,4-6JI-MC-FO2S 0-59/J Business Address: Z_ZD rX'Ace(A44&Pue- %� P441ef -n— bCY-N1(O Home Phone: 641 -43Q -345''J_ Business Phone: 650- F-97-0 7?,4 This Business is a: ❑ Individual Proprietorship ❑ Joint Venture ❑ Partnership Corporation If applicable, give names, addresses, and dates of birth of all partners, officers or directors. Name Address ZZ7- 0-144 dee-o 5) IIJ . 11cf; ZZ7 Sa, I<Nc {'j . Page 34 of 66 R Has the applicant, business, or member of the business ever had a license or contract revoked, suspended or cancelled? ❑ YES NO If yes, explain in full detail on a separate sheet of paper. Does the business currently ho,,10,a license or have a contract with any other municipality for service? Z YES ❑ NO If yes, explain i full on a separate sheet of paper. Have any complaints against the business been filed with the Ilinois Commerce Commission, the Office of the Illinois Attorney General, or any other go7NO mental body during the period of one year prior to the date of this proposal? ❑ YES 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. Services will be either full-service cleaning, both inside and outside, or just outside cleaning. In submitting this Proposal Form requesting award of the Village of Mount Prospect Snow Removal & Ice Control Services Contract 2023-2026, 1 hereby certify that: will not assign or subcontract window cleaning services for the Village without prior written approval of the Corporate Authorities of the Village of Mount Prospect. 2. Neither I, nor any person who will be working on my behalf, has been convicted under the laws of Illinois or any other state of an offense which under the laws of this state would be a felony involving the theft of property, violence to persons, or criminal damage to property. Please note that in the case of a person whose last conviction was more than two years past, and can demonstrate a compelling showing that he/she is nevertheless fit, such person or operator may be approved by the Village Manager if otherwise eligible. 3. 1 am not barred by law from contracting with the Village because of a conviction for prior violations of either Sections 33E-3 or 33E-4 of the Illinois Criminal Code of 1965 (720 ILCS 5/33E-3 (Proposal Rigging) or 720 ILCS 5/33-4 (Proposal Rotating)),- 4. otating)); 4. 1 am not delinquent in payment of any taxes to the Illinois Department of Revenue pursuant to Section 11-42.1-1 of the Illinois Municipal Code (65 ILCS 5/11-42.1-1) or in any payment, fee or tax owed to the Village. 5. 1 provide a drug free workplace pursuant to the Drug Free Workplace Act (30 ILCS 580/1, et seq.); 6. 1 shall comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et seq.), and the Rules and Regulations of the Illinois Department of Human Rights, including establishment and maintenance of a sexual harassment policy asrequired by Section 2-105 of that Article and Act; Page 35 of 66 7. 1 shall comply with the Americans with Disabilities Act. 7. 1 shall comply with the Americans with Disabilities Act. 8. 1 shall comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1 et seq.); and 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 Vendors, Instructions to Vendor, the General Conditions, the Specifications and the Snow Removal & Ice Control Services Contract 2023-2026 and agree to the proposal by the conditions set forth therein. My signature below indicates my acceptance of all such conditions and my Proposal for award of the Village of Mount Prospect Snow Removal & Ice Control Services Contract 2023-2026 Name of Company Proposal Submitted By USc-', OM Position in Company P"c,6- Phone No. o17 -Z41 -072y Date 1 LZZ3 Vendor must use the official firm's name and authorized representative must sign. Page 36 of 66