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HomeMy WebLinkAbout6.7 Motion to accept the lowest cost, responsive bid for Landscape Installation at the Central Gateway Plaza for cost not to exceed $107,250M+awn �'xyt�lts�=e Item Cover Page Subject Motion to accept the lowest cost, responsive bid for Landscape Installation at the Central Gateway Plaza for cost not to exceed $107,250. Meeting Fiscal Impact (Y/N) Dollar Amount Budget Source Category Type Information September 16, 2025 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD Y $107,250.00 Prospect and Main Tax Increment Financing Fund CONSENT AGENDA Action Item The Central Gateway Project is currently under development. Demolition and underground storage tank (UST) remediation activities are completed. Sitework, including concrete curbs, parking lot construction, and brick sidewalk installation are underway. The clocktower is also under construction and is due to be delivered to the site by the end of November. There is a present need to acquire and install plant materials as well as install irrigation and landscape lighting. An updated project cost estimate is attached for reference. This estimate identifies costs incurred or encumbered to date as well as cost estimates for items not yet completed. After the award of this proposed landscape installation contract, the remaining project items are the cost of an electric service drop, relocation of the utility poles in the alley behind the former Formula One service garage building, and construction of the refuse enclosure. The two electricity -related items are ComEd tasks. The pole relocation work is completed but not billed. The electric service drop (for lighting, clocktower, and irrigation) is scheduled for October. The refuse enclosure will also be constructed in October. Final completion of the project is expected by the end of the calendar year. Bids were recently obtained for Landscape Installation of the Gateway Plaza site. The specifications of this project call for provision and installation of approximately five hundred and fifty landscape plants, irrigation systems, and landscape lighting. The landscape design was completed by Public Works. A copy of the designs for landscaping, irrigation, and lighting is attached. Bid Results The bid was publicly advertised on the Village's website utilizing Euna Open Bid. A copy of the bid document is attached. Bids were publicly opened on September 2nd and read as required by the Village Code. The following four bids were submitted: COMPANY Brightview Milieu Copenhaver Langton ITEM NO. DESCRIPTION UNIT QUANTITY 1 Seat Walls FF 62 $5,500.94 $6,420.00 $9,920.00 $6,820.00 2 Coping for Seat Walls LF 40 $1,013.25 $785.00 $8,400.00 $1,200.00 3 Irrigation System LSUM 1 $32,556.88 $20,000.00 $40,000.00 $96,000.00 4 Lighting System LSUM 1 $23,997.23 $25,272.00 $40,000.00 $43,000.00 5 Planting LSUM 1 $25,270.16 $49,814.00 $55,000.00 $24,500.00 6 Sod SQFT 6440 $9,161.54 $24,100.00 $12,880.00 $10,304.00 TOTAL: $97,500.00 $126,391.00 $166,200.00 $181,824.00 Discussion All bids were reviewed to ensure that documents had all appropriate signatures and bid security. All bids were submitted with requisite documents, security, and signatures. Based on review of the bids, reference checks, and past projects, the lowest responsible bidder is Brightview Landscaping of Long Grove, Illinois. Brightview Landscaping has not worked for the Village of Mount Prospect in the past. However, Brightview Landscaping has completed similar work for the Villages of Round Lake Beach, Lincolnshire, and Vernon Hills. Additional references were supplied for large corporate campuses where Brightview has annual landscape maintenance contracts. Reference checks all indicate acceptable performance on recent projects with similar scale and scope. Staff is confident that this firm is qualified to successfully complete the contract. Staff is requesting a 10% contingency ($9,750.00) to allow for quantity variances and unanticipated conditions. A 10% contingency would bring the project award total to $107,250.00 (the $97,500.00 base bid plus the 10% contingency of $9,750.00). Alternatives 1. Accept the lowest cost bid for Gateway Plaza Landscaping Installation from Brightview Landscaping of Long Grove, Illinois. 2. Action at the discretion of the Village Board. Staff Recommendation Staff recommends that the Village Board accept the lowest cost bid for the Gateway Plaza Landscape Installation as submitted by Brightview Landscaping, of Long Grove, Illinois for an amount not to exceed $107,250. Attachments 1. Brightview Bid Submittal Documnets 2. Lighting 3. Irrigation 4. Landscape Plan - Final 5. Central Gateway Plaza Costs Bid Form Page 1 BID FORM Central Gateway Landscape Installation Village of Mount Prospect Department of Public Works FROM: Brightview Landscape Services (Hereinafter called "Bidder") TO: Office of the Village Manager, 3d Floor 50 South Emerson Street Mount Prospect, Illinois 60056 (Hereinafter called "Village" or "Village of Mount Prospect') Bid For: "Central Gateway Landscape Installation" The bidders have familiarized themselves with the work and probable work conditions required under this Bid affecting the cost of the work and with the Bid Documents which include: Notice to Bidders Table of Contents Instructions for Bidders General Conditions and Special Provisions Specifications Bid Form Affidavit — Bid Certification Form Bid Security Bid Sheet Other materials or standards provided or noted by the Village Contract Document Performance Bond Form Labor and Materials Payment Bond Form Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel, labor, materials, tools appurtenances, equipment, and services (including all utility and transportation services) required to construct and complete the Work, all in accordance with the above listed documents. Bidder agrees to perform all the Work 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 items. The Bidder acknowledges that it is responsible for verification of all pipe sizes and depths prior to the ordering of materials. The Bidder will complete and provide all labor, equipment, materials and mobilization (if applicable) to perform the Work as incidental to the fixed item price for each item proposed. Bid Form Page 2 In submitting this bid, the Bidder understands that the Village of Mount Prospect reserves the right to add to or subtract from the estimated quantities. The Village of Mount Prospect 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 and performance bonds, or letter of credit, and the insurance certificates required by the Bid Documents to the Village within ten (10) 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 Work 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 state and federal 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: ..w....wA__..d............................ .A ........ dendum AddendumAcknowledgement nby. Bidder r o_r.�.........._....__.... .__.. .._.....��........._.w.. s No. Date Authorized Representative Acknowla .e.. .d .�_�..........__.......ww_.e............v............— ..w............................._.... Matt Maierhofer 9/9/25 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 the required bonds or letter of credit and certificate of insurance to the Village within ten (10) days. The Village will then issue a written Notice to Proceed, which starts the performance period and the contractor then has ten (10) days to commence work. The contractor shall reach substantial completion within thirty L301 consecutive calendar days after the Notice to Proceed with final completion ten 10 days thereafter. 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 such other action as may be available. Security in the sum of ten (10%) percent of the amount bid in form of (check one): x Bid Bond Certified Check Bank Cashier's Check is attached hereto in accordance with the "Instructions for Bidders". 32 Bid Form Page 3 This Bid Submittal contains the following: 1) Bid Form 2) Affidavit — Bid Certification Form 3) Bid Security 3) Bid Sheet (s) Respectfully submitted: Name of Firm/Bidder: Brightview Landscape Services By: (Signature) Name &Title: Matthew J Maierhofer VPGM Date: 9/2/2025 Contact Information: 3490 W. Long Grove road Official Address: Long Grove IL 60047 630-453-4430 Telephone: Email: matt.maierhofer@brightview.com VILLAGE OF MOUNT PROSPECT AFFIDAVIT — BID CERTIFICATION FORM Bidder: Company/Firm Name: Brightview Landscape Services 3490 .Long Grove roa Address: Loncl Grove IL 60047 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. ata ewe (sole owner, partner, joint ventured, President, Secretary, etc.) of Brgtview Landscape Services 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 Brightview Landscape Servic me of Company) The undersigned further states that 1�' p Y) is not barred from bidding or contracting as a result of a conviction for violations of state laws prohibiting bid rigging or bid rotating or any similar offense of any state of the United States, as provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code, 720 ILCS 5/33E-3, 33E-4, Section III Drug Free Work lace Name of Company) The undersigned further states that Brightview Landscape Services _( p Y) 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 that deals with the subject of the Substance Abuse Prevention in Public Works Projects Act, 820 ILCS 265/1 et seq., a substance abuse prevention program that meets or exceeds these requirements of that Act. Section IV Tax Payment The undersigned further states that q Brightview Landscape Services is (Name of Company) not delinquent in payment of any taxes to the Illinois Department of Revenue, in accordance with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned understands that making a false statement regarding delinquency in taxes is a Class A Misdemeanor and, in addition voids the contract and allows the municipality to recover all amounts paid to the individual or entity under the contract in civil action. 4 Page 2 - AFFIDAVIT — BID CERTIFICATION FORM Section V Sexual Harassment Pol c 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 mini -mum, the following information: (1) the illegality of sexual harassment; (II) the definition of sexual harassment under State law, (111) a description of sexual harassment, utilizing examples; (IV) the vendor's internal complaint process including penalties„ (V) the legal recourse, investigative and complaint process available through the Department (of Human Rights) and the Commission (Human Rights Commission); (VI) directions on how to contact the Department and Commission; and (VII) protection against retaliation as provided by Section 5-101 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 _ ww... _ B i htview La,n_ $ apa vi s..__ has (Name of Compare,) 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 inform ion contained in this Affidavit is true and correct. Signed by: � ,� �r a . Title: VPGM ""Signature Name Printed: Matthew J Maierhofer Signed and sworn to before me this day of........ , 20 , My commission expires: Notary Public 35 BID SECURITY Includedth this bid is a bank cashier's check, certified check or bid bond in the amount of I10,000 1 being ten percent (10%) of the total amount bid by Brigftvlew�nas a ervices , the Bidder, in favor of the Village of Mount Prospect. It is hereby agreed that, should Bidder be awarded the Work contemplated under this bid and fail or refuse to execute a contract for said Work, or to provide the required payment and performance bonds, or letter of credit, and certificate of insurance, then this security, in the amount stipulated above, shall be forfeited and may be retained by the Village of Mount Prospect as liquidated damages and not as a penalty. All bids to remain firm for a period of ninety (90) days after bid opening date. SUBMITTED THIS _ __----- DAY OF September 20 . SEAL (if corporation) Bidder: Brightview Landscape Services/ Matt Maierhofer Bidder's Agent and Agent's Title: Authorized representative Title Note: If bidder is a partnership, the bid must be signed by at least two of the partners. Note: If bidder is a corporation, the bid must be signed by an authorized officer of the corporation, attested and sealed by the secretary or other authorized officer. If a corporation, note here the state of incorporation: Incorporated under the laws of the State of w Illinois 36 BIDS "Central Gateway Landscape Installation" (TO BE FILLED OUT BY THE CONTRACTOR/BIDDER) The Bidder will complete pricing for all items (# 1-6) to provide all labor, equipment, materials and mobilization (if applicable) to perform this work. The fixed item price given is to be all inclusive. ITEM NO. DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL 1, Seat Walls FF 62 $88.72 $5,500.94 2. Coping for Seat Walls LF 40 $25.33 $1,013.25 3. Irrigation System LSUM 1 $32,556.88 $32,556.88 4. 5. Lighting System Planting LSUM LSUM 1 1 $23,997.23 $25,270,16 $23,997.23 $25,270.16 6. Sod SQFT 6440 $1.42 $9,161.54 TOTAL FOR ITEMS (1 — 6) $97,500 37 CONTRACT THIS Contract (hereinafter the "Contract") is entered into on this 2 day of 9, 2025 and between the VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation (hereinafter the "Village"), andprl9htvie La dseap Services LLC (hereinafter the "Contractor") (Village and Contractor sometimes referred to individually as "Party" and collectively as "Parties")„ WHEREAS, the Village has solicited competitive bids for its Central Gateway Landscape Installation; and WHEREAS, the Contractor submitted a bid to perform the work associated with the Central Gateway Landscape Installation (hereinafter the "Bid"); and WHEREAS, upon its review of the submitted bids, the Village has awarded the contract to perform the work associated with the Central Gateway Landscape Installation to the Contractor, subject to the execution of this Contract; NOW, THEREFORE, for and in consideration of their mutual promises, covenants, undertakings and agreements, the parties agree as follows: ARTICLE I — CONTRACT DOCUMENTS This Contract is subject to the terms and conditions set forth in the Contract Documents, which are incorporated herein as if fully set forth, and include the following Bid Documents with Bidder's/Contractor's Bid Submittals prioritized to be included in number 6*: 1. Notice to Bidders 2. Table of Contents 3. Instructions to Bidders 4. General Conditions and Special Provisions 5. Specifications 6. Bid Submittals, including Bid Form, Affidavit — Bid Certification Form, Bid Security, Bid Sheet (*Bid de r's/Contracto r's completed Bid Submittals) 7. Other materials or standards provided or noted by the Village 8. Contract 9. Applicable performance and labor and materials payment bonds, or letter of credit. (Collectively the "Contact Documents") UP Kind UM113101MIREONN350145 go 1. The Contractor agrees to perform the work, including all labor, materials, equipment and services, in accordance with the terms and conditions set forth in the Contract Documents (hereinafter the "Work"). 2. The Contractor acknowledges that the Village reserves the right to add to or subtract from the estimated quantities. 3. The Contractor certifies that it will comply with all state and federal laws and regulations, and county and municipal ordinances, as set forth in the General Conditions. W. The Village agrees to pay the Contractor for its performance of the Work in the manner and amount provided in the Contract Documents. ARTICLE IV - CONFLICT BETWEEN CONTRACT DOCUMENTS In the event of a conflict between any Contract Document and the terms of this Contract, the Contract shall control to the extent of the conflict. In the event of any other conflict between Contract Documents, the preceding Document shall govern to the extent of the conflict based upon the order of priority set forth in Article I of this Contract, unless otherwise specifically stated. ARTICLE V — COMMENCEMENT AND COMPLETION OF WORD After the written Notice to Proceed is issued by the Village, which will start the performance period, the Contractor then has 10 days to commence work. The Contractor shall achieve substantial performance within thirty 30 consecutive calendar days after the Notice to Proceed has been issued with final performance ten (101 days thereafter. The Contractor shall commence performance of the Work and complete performance of the Work, in accordance with the schedule set forth in the Contract Documents, but in no event shall any Work be performed prior to the Village's receipt of this Contract, executed by Contractor, and the Village's acceptance and approval of the payment and performance bonds, or letter of credit, and certificate of insurance required by the Contract Documents. ARTICLE V — NOTICE Unless otherwise provided, all notices required under this Contract shall be made in writing and addressed or delivered as follows: TO THE VILLAGE OF MOUNT PROSPECT - The Village of Mount Prospect 1700 West Central Road Mount Prospect, Illinois 60056 ATTN: Director of Public Works TO CONTRACTOR- at the address set forth on the Bid Form, or: Notices shall be deemed effective when received by personal service or registered or certified U.S. mail, postage prepaid and receipt requested, to the address so specified. Either Party may, by written notice to the other, change its own mailing address. ARTICLE VI -- PRIOR AGREEMENTS; SUCCESSORS This Contract supersedes all previous agreements, understandings and representations of any nature whatsoever, whether oral or written, and constitutes the entire understanding between the Parties. The terms of this Contract shall be binding upon and inure to the benefit of the parties and the partners and officials, successors in interest, executors, administrators, assigns and representatives and their respective successors and assigns, provided, however, that the Contractor shall not assign, sublet or transfer any rights or interest in this Agreement in whole or in part without the prior written approval of the Village, except to the extent that the Contract Documents provide otherwise. A :4 9 Yodi NMIr - 0. 39 Village shall give notice as hereinafter provided 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, shall not proceed in accordance therewith, then the Village shall have full power and authority to declare the this Contract and the Contractor in default, and to forfeit the rights of the Contractor in this Contract. Upon declaration of Contractor's default, the Village may, at its option, call upon the surety to complete the Work in accordance with the terms of this Contract or may take over the Work, including any materials on the Work site as may be suitable and acceptable to the Village and may complete the Work by its own forces or on its own account, or may enter into a new contract or contracts for the completion of the Work, or may use such other methods as shall be required for the completion of the Work in an acceptable manner as the Village may in its discretion determine. All costs and charges incurred by the Village, together with the cost of completing the Work shall be deducted from any moneys due or which may become due on this to the Contractor under this 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 work remaining, the surety shall be entitled to receive the excess difference paid to the Village. Whe su h Contractor default costs incurred by the Village exceeds the sum paid to the Village for the wing under the Contract the Contractor and the surety shall be liable and shall pay to the Village the full cost of such additional expenses. ARTICLE Vlll . DEFAULT BY VILLAGE In the event of a material default by the Village under this Contract, the Village shall have sixty (60) days, from notice thereof by Contractor, to cure the default prior to Contractor's termination of this Contract. The failure to pay a contested invoice shall not be considered a material default. Upon termination, the Village shall be responsible to pay any uncontested payments due for work performed. ARTICLE IX — VENUE The parties hereto agree that for purposes of any lawsuit(s) between them concerning this Agreement, its enforcement, or the subject matter thereof, venue shall be in Cook County, Illinois, and the laws of the State of Illinois shall govem the cause of action. ARTICLE X . SEVERAIIL" OF CONTRACT If any term of this Contract is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the Contract terms will remain in full force and effect and will not be affected. ARTICLE XI - CUMULATIVE REMEDIES The exercise or failure to exercise any legal rights and remedies associated with any act of default or breach hereunder by either Party will not constitute a waiver or forfeiture of any other rights and remedies and will be without prejudice to the enforcement of any other right or remedy available by law or authorized by this Contract. ARTICLE XII .. COMPLIANCE WITH LAWS Each party to this Contract will comply with all applicable state and federal laws and regulations, and county and municipal ordinances and regulations. ARTICLE XIII - DISPUTE RESOLUTION Should a dispute arise between the Village and the Contractor as to the terms and conditions of the Contract, or the responsibilities, limitations, or working relations of either Party, the designated project personnel will make every reasonable effort to resolve the difference in accordance with 40 the terms and conditions of the Contract. If a dispute continues despite these efforts, it shall be referred to the Parties' Project Managers. If the above action fails to resolve the dispute, the Parties may, by agreement, elect to resolve the dispute through a mediation process. Each Party shall bear its own costs in preparing and conducting mediation, except that the costs, if any, of the actual mediation proceeding shall be shared equally by the Parties. The mediation process is defined as follows: The Parties shall select a mutually agreeable mediator from American Arbitration Association lists or any other agreeable list to aid the Parties in resolving the dispute. The mediator shall not be an employee or former employee of either Party. The first meeting shall be held at a Location chosen by the Village. At the meetings, each Party may present materials and/or arguments to the mediator. The mediator's decision shall be not be binding upon either Party. In the event that the foregoing steps fail to resolve the dispute, either Party may bring suit in the Circuit Court of Cook County, Illinois. ARTICLE XIV - ASSIGNMENT No rights or interest in this Contract may be assigned by Contractor without prior written notice being provided by Contractor to the Village and the Village's written approval. The Village shall not unreasonably withhold its approval of such assignment. In the event of an assignment, the Contractor shall not be relieved of its obligations under the Contract unless agreed to by the Village, at its sole discretion. ARTICLE XV - RECRUITING The Parties shall not, without the consent of the other Party, entice, encourage, offer special inducements, or otherwise recruit employees of the other Party during the period of this Contract and for a period of one (1) year thereafter. This clause is not intended to restrict any individual's right of employment but rather is intended to preserve the relationship intended under this Contract and to prevent the Parties from actively recruiting the employees of the other Party. ARTICLE XVII . COUNTERPARTS This Contract may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same agreement. ARTICLE XVIII - ENFORCEABILITY If any provision of this Contract is found to be invalid, illegal or unenforceable, that provision shall be severable from the rest of this Contract and the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired. ARTICLE XIX - EFFECTIVE DATE The effective date of this Contract shall be the date of the last signature executing the Contract (hereinafter referred to as the "Effective Date"). ARTICLE XX . ADVERTISEMENT Contractor shall not use, in its advertising, marketing programs, or other promotional efforts, any data, pictures, or other representation of the Village, except with the specific written authorization in advance by the Village. ARTICLE XXI - CAPTIONS,• HEADINGS The paragraph headings which appear herein are included solely for convenience and shall not be used in the interpretation of this Contract. ARTICLE XXII ENTIRE AGREEMENT 41 This Contract, consisting of the Contract Documents, constitutes the entire agreement between the Parties for the subject matter hereof and supersedes all prior arrangements, agreements, representations and undertakings, written or oral. This Contract may not be changed or modified except by a written instrument duly executed by each of the Parties hereto. IN WITNESS WHEREOF, the Parties hereto have executed this Contract. Contractor: Brightview Landscape Services By: - A� 'Or Title: VPGM VILLAGE OF MOUNT PROSPECT Title: Date: 9/2/2025 Date: ATTEST: ATTEST: Septemb Title: Title: Date: Date: 42 LABOR AND MATERIAL-PAYMENT BOND Zond No. : Type text here Principal Amount: Contract: KNOWN ALL MEN BY THESE PRESENTS, that the Village of Mount Prospect, an Illinois municipal corporation (hereinafter "Village"), has awarded to , as Principal (hereinafter "Contractor"), a written agreement with the Village dated , (hereinafter "Contract"), for the Central Gateway Landscape Installation in accordance with the drawings and specifications prepared by: VILLAGE OF MOUNT PROSPECT (Village of Mount Prospect or architect/engineer), which Contract is incorporated herein and made a part hereof; and WHEREAS, the Contractor is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, workmen, mechanics, material suppliers, and other persons as provided by law; NOW, THEREFORE, we, the undersigned Contractor and with main office at as Surety, are held and firmly bound unto the Village in the penal sum of Dollars ($ ), lawful money of the United States, for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these present. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor shall fully, promptly pay for all laborers, workmen and mechanics engaged in the work under the Contract, and not less than the general prevailing rate of hourly wages as required by the Contract and the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., and for all material used or reasonably required for use in the performance of the Contract, and all duly authorized modifications, alterations, changes or additions to said Contract as may hereafter be made, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject to the following conditions:. A "Claimant" is defined as any person, firm or corporation having contracts with Contractor or with a subcontractor of Contractor to furnish labor, materials, or both, for use in the performance of the Contract. "Labor and materials" is construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service, rental of equipment, and any other items for which a mechanic's lien may be asserted. 2. Any person having a claim for labor and materials furnished in the performance of the Contract shall have no right of action unless he shall have filed a verified notice of such claim with the Village Clerk within 180 days after the date of the last items of work or the furnishing of the last item of materials, and filed a copy of that verified notice upon the Contractor within 10 days after the filing of the notice with the Village Clerk. Filing must be by personal service or United States Mail, postage prepaid, certified or restricted delivery, return receipt requested, limited to addressee. The notice shall 43 contain 1) the name and address of the claimant; 2) the business address of the claimant within the State of Illinois, if any, or if the claimant be a foreign corporation having no place of business within the State, the principal place of business of the corporation, and in the case of partnership, the names and residences of each of the partners; 3) the name of the Contractor for the Village; 3) the name of the person, firm or corporation by whom the claimant was employed or to whom such claimant furnished materials; 4) a brief description of the public improvement for the construction or installation of which the Contract is to be performed; and 5) a description of Claimant's contract as it pertains to the public improvement describing the work done by the claimant and stating the total amount due and unpaid as of the date of the verified notice. No defect in the notice herein provided for shall deprive the claimant of its right of action under the terms and provision of this Bond unless it shall affirmatively appear that such defect has prejudiced the rights of an interested party asserting the same. 3. No action shall be brought on this Bond later than one year after the date of the last item of work or of the furnishing of the last item of materials. Such suit shall be brought only in the circuit court of the State in the judicial district in which the Contract is to be performed. 4. The Village shall not be liable for the payment of any costs or expenses of any such lawsuit, and the Village does not have any obligations to any Claimants who make claims on this Bond. Surety will pay for all such claims, and for all costs and expenses of any such lawsuit, up to a maximum of the amount of this Bond. Surety hereby expressly agrees that no extension of time, change, modification, alteration, deletion, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this Bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, deletion, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder. Surety's obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, workmen, mechanics, material suppliers, and other persons in connection with the Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing the Village's rights against the others. Any payment by the Surety made in good faith pursuant to this Bond shall reduce the principal amount of this Bond. Signed and sealed this 2 day of September 2 20 25 Brightview Landscape Services Contract By: Signatur Surety By: Title VPGM Title Officer Of The Surety ATTEST: Address:, 44 Corporate Secretary (corporations only) NOTARY STATE OF COUNTY OF Ld lZ e i, A1g „r, r'9 /3 , a Notary Public in and for said county, do hereby certify that (Insert Name o Attorn y-in-Fact dr urety) 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 $ebb e y 20 9 Notary Signature: My Commission expires: (Attach Surety's Power of Attorney) NAZIM AZIZ ofmcial Seal Notary Public - State of Illinois t My Commission Expires Jul 6. 2026 r 45 Bond No. Principal Amount: Contract: KNOWN ALL MEN BY THESE PRESENTS, that Contractor as Principal (hereinafter "Contractor"), and , with main office at a corporation of the state of ,as Surety (hereinafter "Surety"), are held and firmly bound unto the Village of Mount Prospect, an Illinois municipal corporation (hereinafter "Village"), in the penal sum of Dollars ( $ ), lawful money of the United States, for the payment of which, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has entered into a written agreement with the Village dated _, (hereinafter "Contract"), for the construction of the Central Gateway Landsca a Installation in accordance with the drawings and specifications prepared by: VILLAGE. OF MOUNT PROSPECT (Village of Mount Prospect or architect/engineer), 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 46 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. 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 2 day of September 2 12025 . Brightview Landscape Services Contractor By: Signature Title VPGM k ATTEST: Surety By: Officer Of The Surety Title Address: Corporate Secretary (corporations only) NOTARY STATE OF I L COUNTY OF L_10KC6 .� I, c ,3i� e a Notary Public in and for said county, do hereby certify that ' _ " (Ins rt me of Att rney-In-Fact for ety) 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 2 7»4 day of S'��crn�� 202_ Notary Signature: My Commission expires: a a , 26 2- „ y„ ...... .... NAZIM AZIZ QfT'icial Seal Notary Public - State of nois My commission Expires Jul 6, 2026 IUl (Attach Surety's Power of Attorney) 47 A 4f- V� I Central Gateway Plaza Project Budget 9/10/2025 Total Budget $1,425,000.00 Task Actual Cost / Estimate Demo $186,692.00 Clock $259,650.00 Landscape $107,250.00 Brick $198,675.00 Site Work $312,682.00 Electric $15, 000.00 Electric Cabinet $9,850.00 Landscape/Lighting Plan $1,000.00 Refuse Enclosure $26, 000.00 ComEd Relo $40, 000.00 Total $1,156,799.00 Balance: $268,201.00 Denotes actual costs. Bolditalics Denotes estimated costs.