Loading...
HomeMy WebLinkAboutAquatic Services VILLAGE OF OAK BROOK Purchasing Division 1200 Oak Brook Road Oak Brook, IL 60523 (630) 368-5164 REQUEST FOR PROPOSAL Oak Brook Bath & Tennis Club Aquatic Management Services December 2021 TABLE OF CONTENTS SECTION 1. REQUEST FOR PROPOSALS ............................................................................................... 1 A. NOTICE – POSTED ON VILLAGE WEBSITE DECEMBER 16, 2021.............................................................. 1 B. PROJECT DESCRIPTION ...................................................................................................................... 2 C. GENERAL TERMS AND CONDITIONS ..................................................................................................... 7 SECTION 2. PROPOSAL INSTRUCTIONS ............................................................................................... 15 A. GENERAL INFORMATION .................................................................................................................... 15 B. DOCUMENTS/INFORMATION TO BE SUBMITTED: .................................................................................. 15 C. PROPOSAL FORM ............................................................................................................................. 16 D. REFERENCES ................................................................................................................................... 18 E. PROPOSALS CERTIFICATION ............................................................................................................. 21 F. SEXUAL HARASSMENT POLICY .......................................................................................................... 23 SECTION 3. REVIEW PROCESS ............................................................................................................. 24 A. EVALUATION OF PROPOSALS AND SELECTION .................................................................................... 24 B. BASIS OF AWARD ............................................................................................................................. 24 j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 1 Section 1. Request for Proposals A. Notice – posted on Village website December 16, 2021. Village of Oak Brook Request for Proposals Oak Brook Bath & Tennis Club Aquatic Management Services December 2021 The Village of Oak Brook invites proposals from qualified firms that have experience in lifeguard services and pool maintenance and repair. Proposals should be addressed to: Rania Serences Senior Purchasing Assistant Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 The closing date and time for receipt of proposals is Thursday January 13, 2022 at 3:00 P.M. prevailing time. Proposals received after the submittal time will be rejected and returned unopened to the sender. A complete proposal package, of which this legal notice is a part, is on file for inspection and may be downloaded from the Village’s website at www.oak-brook.org or picked up at the Reception Area, Butler Government Center, 1200 Oak Brook Road, Oak Brook, Illinois 60523, between the hours of 8 A.M. and 4:30 P.M., Monday through Friday. There is no charge for the package. Questions about this RFP should be addressed to Rick Valent, Public Works Director, 630-368-5272, rvalent@oak- brook.org. The Village reserves the right to reject any or all proposals, waive or not to waive any irregularities therein, and to accept the proposal considered being in the best interest of the Village. No proposal may be withdrawn or modified after the receipt of proposals except where the award of agreement has been delayed for a period of more than 120 days. j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 2 B. Project Description I. Introduction The Oak Brook Bath & Tennis Club is a private swimming and tennis facility located within the Oak Brook Sports Core. The facility has been owned and operated by the Village since 1978. The Club features three individual pools: the competition size lap pool, the diving well pool, a wading pool for children, a beach area, and a café. II. Scope of Services The Village of Oak Brook is seeking proposals from qualified vendors for Aquatic Management Services at the Oak Brook Bath and Tennis Club for the 2022 season. Services, at a minimum, shall include the following: POOL MAINTENANCE: 1. Provide opening/closing pool services, including, but not limited to, inspecting, draining, cleaning, and acid washing at the beginning of the season, and inspecting, draining, winterizing, and storing all equipment at the end of the season. 2. A walk-through is required at the opening and the closing of the pool with the Public Works Director or his designee. 3. Clean swimming pools prior to filtration start up. 4. Clean out all gutters, main drain sumps, and skimmers prior to start up as needed. 5. Sanitize, vacuum, operate filtration equipment and otherwise maintain water quality for all aquatic facility or facilities spas and swimming pools. 6. Operate and maintain swimming pool filtration equipment to achieve optimal water quality and identify any problems or concerns with normal operation. 7. Provide pool maintenance and repair, supply pool chemicals in sufficient quantities to comply with Local County and state regulations, and monitor and test pool chemicals. 8. Perform the following daily operational services for said aquatic facility or facilities: • Assign and schedule the aquatic facility manager and/or supervisor to provide management oversight for daily operation. • Assign and schedule the lifeguards and/or attendants to provide general supervision for daily operations during regular business hours as required by law. j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 3 • Maintain general cleanliness of the aquatic facility premises during daily operation, including maintaining cleanliness and proper placement of all outside furniture. • Complete a daily opening/closing (written) checklist document that includes safety checks of all pool equipment and features. GROUNDS AND FACILITIES MAINTENANCE: 1. Provide general cleaning, sanitation, organization, and maintenance of the front gate and/or admissions area, locker rooms, lavatories, showers, pool decks, water attractions, spas, swimming pools, filtration rooms, pumps and other aquatic facility equipment for said aquatic facility or facilities. 2. Perform the following pre-opening tasks to prepare for daily operation of said aquatic facility or facilities: • Organize, sanitize, make ready and otherwise prepare the front gate and/or admissions area for a timely opening according to the published aquatic facility-operating schedule. • Organize, sanitize, make ready and otherwise prepare the locker rooms, lavatories, and showers for daily operation. • Organize, sanitize, make ready and otherwise prepare pool decks, furniture, water attractions, spas, and swimming pools for daily operation. • Distribute, ready and position emergency rescue equipment for use. • Blow off all deck areas of debris. 3. Perform the following tasks throughout the day. These tasks must be done on an as needed basis but no less than every hour during the daily operation of said aquatic facility or facilities: • Collect and remove trash from all facility trash receptacles located inside and outside the pool patio area, including the outside eating area and the beach. • Check locker rooms/bathrooms and tennis bathroom located by the tennis courts for cleanliness, including but not limited all plumbing fixtures, floors, and trash receptacles. • Restock paper products in locker rooms/bathrooms, including the small tennis bathroom located by the tennis courts. Paper products will be provided by the Village. • Check tables located in the eating area for cleanliness wipe down with a clean cloth. • Check the beach area and surrounding area for cleanliness. • Check the beach area equipment, such as canoes, etc. to insure they are in proper working order, and secured nightly and notify the Village Public Works Director or his designee of any defects. j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 4 • A daily checklist must be provided to the Village Public Works Director or his designee. The checklist must include the employee initials and checkmark showing tasks completed as needed but no less than on an hourly basis. 4. Provide the following closing tasks at the end of daily operation for said aquatic facility or facilities: • Collect and store emergency rescue equipment for future use on a daily basis. • Organize, sanitize, make ready and otherwise prepare the front gate and/or admissions area for a timely opening according to the published aquatic facility-operating schedule. • Organize, sanitize, make ready and otherwise prepare the locker rooms, lavatories, and showers for daily operation. 5. Perform facility inspection report of total facility. Provide detailed report to the Village on all deficiencies with the all facilities, including, but not limited to, all swimming pools, buildings, and structures. This report will be submitted weekly to the Village Public Works Director. Any immediate needs must be communicated as necessary. The Proposer will be given the opportunity to bid on repair work. All repair work will be considered separate from the Agreement for Aquatic Services. 6. Communication between the Proposer and the Village is critical. The Proposer will be responsible for ensuring effective communication with the Village Public Works Director or his designee. LIFEGUARDS: 1. Lifeguards should have current Lifeguard Training Certification. 2. The proper number of lifeguards, as required by law, must be available for the lap pool, wading pool, diving pool, and beach. 3. Lifeguards must have CPR and First Aid Certification through a nationally recognized lifeguard certification provider. 4. Proof of certification must be provided to the Village prior to opening the pools. 5. Provide, maintain and operate the following emergency rescue equipment for said aquatic facility or facilities: • Automatic External Deliberator • Supplemental Oxygen Support Unit • Bag Valve Mask • Oral Suction Device • Seal Easy Mask(s) • Rescue Tube(s) • Life Jacket(s) • Spinal Management and Extrication Board j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 5 6. Enforce all rules and regulations by the Village, and suggest and advise with regard to additional rules and regulations for the operation of the pool. 7. A daily log for all operations areas of the swimming facilities will be kept. Log will include all chemical levels as required by the Local Health Department, filtration operations, and required cleaning. MANAGEMENT AND OTHER STAFFING: 1. Each Proposal shall include a Pool Manager as part of staffing. The Pool Manager will be in addition to the lifeguards required to operate the pools. The Pool Manager must have current Lifeguard Training Certification. The proposal shall include the resume of the assigned Pool Manager and he/she shall have at least three (3) years managing aquatics facilities of similar size and scope. 2. The Pool Manager duties shall include, but are not limited to, the following: • Employ, train, assign, schedule, and supervise employees to safely operate said aquatic facility or facilities. • Administer, supervise and otherwise manage the daily operations of said aquatic facility or facilities. • Complete appropriate forms for any minor incidents describing the circumstances surrounding the incident. Major incidents that require calls to EMS shall be reported directly to the Director of Public Works, or his designee. • Make the decision or recommendation to the Public Works Director or his designee for opening and closing the pool due to inclement weather. 3. Additional staff may include all other personnel to provide adequate supervision for public swimming, swim lessons, swim team practices and meets, any other organized pool activities such as private parties, and all duties included in the Request for Proposals. 4. Staff must operate and manage the membership check-in desk. j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 6 The proposed hours of operation for the 2022 pool season are as follows: LAP POOL WADING POOL DIVING WELL BEACH EARLY SEASON May 28 – 30* 10:00 am – 7:00 pm 10:00 am – 6:00 pm 10:00 am – 7:00 pm 12:00 pm – 6:00 pm May 31 – June 3 4:00 pm – 8:00 pm 4:00 pm – 8:00 pm 4:00 pm – 8:00 pm 4:00 pm – 6:00 pm REGULAR SEASON June 4 – August 14 Mon – Fri 11:00 am – 8:00 pm 10:30 am – 6:00 pm 11:00 am – 8:00 pm 12:00 pm – 6:00 pm Sat – Sun 10:00 am – 8:00 pm 10:00 am – 6:00 pm 10:00 am – 8:00 pm 12:00 pm – 6:00 pm EXCEPTION July 3rd & 4th 10:00 am – 5:00 pm 10:00 am – 5:00 pm 10:00 am – 5:00 pm Closed LATE SEASON Aug 15 – Sept 4 Mon – Fri 4:00 pm – 8:00 pm 4:00 pm – 8:00 pm 4:00 pm – 8:00 pm 4:00 pm – 6:00 pm Sat – Sun 10:00 am – 7:00 pm 10:00 am – 6:00 pm 10:00 am – 7:00 pm 12:00 pm – 6:00 pm September 5** 10:00 am – 7:00 pm 10:00 am – 6:00 pm 10:00 am – 7:00 pm 12:00 pm – 6:00 pm LAP SWIM ALL SEASON Mon – Fri 6:00 am – 9:00 am *Memorial Day is May 30, 2022 **Labor Day is September 5, 2022 Swim Team Practices 9:00 am – 11:30 am and 4:45 pm – 5:45 pm through the 3rd week in July (Lifeguards MUST be available and on duty for swim team practices) III. Questions about this RFP Questions and inquiries concerning this RFP may be directed to: Rick Valent Public Works Director Village of Oak Brook 1200 Oak Brook Road Oak Brook, Illinois 60523 630-368-5272 rvalent@oak-brook.org j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 7 C. General Terms and Conditions 1. PREPARATION AND SUBMISSION OF PROPOSALS: a. The proposal shall be submitted in an opaque sealed envelope on or before the time stated and shall bear the name of the individual, firm, or corporation submitting the Proposal and the Project Name: “Oak Brook Bath & Tennis Club Aquatic Management Services." b. Proposers may attach separate sheets to the proposal for the purpose of explanation, exception, alternate proposal and to cover unit prices, if needed. c. Proposers may withdraw their proposal either personally or by written request at any time before the hour set for the proposal deadline, and may resubmit it. No proposal may be withdrawn or modified after the receipt of proposals except where the award of agreement has been delayed for a period of more than 120 days. d. In submitting this proposal, the Proposer further declares that the only person or party interested in the proposal as principals are those named herein, and that the proposal is made without collusion with any other person, firm or corporation. e. The Proposer further understands and agrees that if his proposal is accepted, he is to furnish and provide all necessary machinery, tools, apparatus, and cleaning supplies, and other means to do all of the work and to furnish all of the materials specified in the agreement, except such materials as are to be furnished by the owner (Village), in the manner and at the time therein prescribed, and in accordance with the requirements therein set forth. f. The Proposer further agrees to execute all documents within this Proposal Package, obtain a Certificate of Insurance for this work and present all of these documents to the Village within 15 days after the receipt of the Notice of Award and the Agreement by him. g. The Proposer further agrees to begin work not later than 10 days after receipt of the Notice to Proceed, unless otherwise provided, and to execute the work in such a manner and with sufficient materials, equipment and labor. h. By submitting a proposal, the Proposer understands and agrees that, if his proposal is accepted, and he fails to enter into an agreement forthwith, he shall be liable to the Village for any damages the Village may thereby suffer. 2. CONDITIONS: a) The Village is exempt from Federal excise tax and the Illinois Retailer's Occupation Tax. This proposal cannot include any amounts of money for these taxes. b) Any agreement or agreement resulting from the acceptance of this proposal by the Village shall be on forms either supplied by or approved by the Village's Legal Department. The Village reserves the right to reject any agreement that does not conform to the Request for Proposal and any Village requirements for agreements and contracts. j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 8 c) The Village reserves the right to request clarification of information submitted and request additional information as needed. d) The requirements of this RFP will be included in the agreement with the selected firm. 3. INDEMNIFICATION: The Proposer shall protect, indemnify, save, defend and hold forever harmless the Village and/or its officers, officials, employees, volunteers and agents from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses, including without limitation court costs, insurance deductibles and attorney's fees and expenses, which the Village and/or its officers, officials, employees, volunteers and agents may incur, suffer or sustain, or for which the Village and/or its officers, employees and agents may become obligated by reason for any accident, injury to or death of persons or loss of or damage to property, or civil and/or constitutional infringement of rights (specifically including violations of the Federal Civil Right Statutes), arising indirectly or directly in connection with or under, or as a result of, this or any Agreement by virtue of any act or omission of any of the Proposer's officers, employees, subcontractors, and/or agents, provided that the Proposer shall not be liable for claims, obligations, damages, penalties, causes of action, costs and expenses arising solely by any act or omission of the Village's officers, officials, employees, volunteers and/or agents. The Proposer shall hold the Village harmless for any and all claims for labor, material, apparatus, equipment, fixtures or machinery furnished to the Proposer for the purpose of performing the work under the agreement; and the payment of all direct and indirect damages to any person, firm, company or corporation suffered or sustained on account of the performance of such work during the time the agreement is in force. 4. INSURANCE: Certificates of Insurance and Additional Insured Endorsement shall be presented to the Village within fifteen (15) days after the receipt by the Proposer of the Notice of Award and the unexecuted agreement, it being understood and agreed that the Village will not approve and execute the agreement nor will the bid guarantee be returned until acceptable insurance certificates are received and approved by the Village. Each Proposer performing any work pursuant to an agreement with the Village of Oak Brook and each permittee working under a permit as required pursuant to the provisions of Title 1, Chapter 8 of the Code of Ordinances of the Village of Oak Brook (hereinafter referred to as "Insured") shall be required to carry such insurance as specified herein. Such Proposer and permittee shall procure and maintain for the duration of the agreement or permit insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work under the agreement or permit, by either the contractor, permittee, or their agents, representatives, employees or subcontractors. A contractor or permittee shall maintain insurance with limits no less than: A. General Liability - $5,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, provided that when the estimated cost j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 9 of the work in question does not exceed $5,000, the required limit shall be $500,000; B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and property damage; C. Worker's Compensation and Employer's Liability - Worker's Compensation limits as required by the Labor Code of the State of Illinois and Employer's Liability limits of $1,000,000 per accident. Any deductibles or self-insured retention must be declared to and approved by the Village. At the option of the Village, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the Village, its officers, officials, employees and volunteers; or the Insured shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses to the extent of such deductible or self-insured retention. The policies shall contain, or be endorsed to contain, the following provisions: D. General Liability and Automobile Liability Coverage - (1) The Village, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Insured; premises owned, occupied or used by the Insured. The coverage shall contain no special limitations on the scope of protection afforded to the Village, its officers, officials, employee’s volunteers or agents. (2) The Insured's insurance coverage shall be primary insurance as respects the Village, its officers, officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the Village, its officers, officials, employees, volunteers or agents shall be in excess of the Insured's insurance and shall not contribute with it. (3) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village, its officers, officials, employees, volunteers or agents. (4) The Insured's insurance shall apply separately to each covered party against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. E. Worker's Compensation and Employer's Liability Coverage The policy shall waive all rights of subrogation against the Village, its officers, officials, employees, volunteers and agents for losses arising from work performed by the insured for the Village. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has been given to the Village. Each insurance policy shall name the Village, its officers, officials and employees, volunteers and agents j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 10 as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no less than A: VII. Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the Village and shall be subject to approval by the Village Attorney before work commences. The Village reserves the right to require complete, certified copies of all required insurance policies, at any time. Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 5. SAFETY: The Proposer and any subcontractors shall comply with all the provisions of the Federal Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended. 6. EQUAL OPPORTUNITY: The Proposer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, age or handicap unrelated to bona fide occupational qualifications. 7. EXECUTION OF DOCUMENTS The Proposer, in signing his Proposal overall or on any portion of the work, shall conform to the following requirements: Proposals signed by an individual other than the individual represented in the Proposal documents shall have attached thereto a power of attorney evidencing authority to sign the Proposal in the name of the person for whom it is signed. Proposals, which are signed for a partnership, shall be signed by all of the partners or by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the Proposal a power of attorney evidencing authority to sign the proposal, executed by the partners. Proposals, which are signed for a corporation, shall have the correct corporate name thereof and the signature of the President or other authorized officer of the corporation manually written below the corporate name. If an official other than the President of the Corporation manually signs such Proposal, a certified copy of a resolution of the board of directors evidencing the authority of such official to sign the Proposal should be attached to it. Such Proposal shall also bear the attesting signature of the Secretary of the corporation and the impression of the corporate seal. The Agreement shall be deemed as have been awarded when formal notice of award shall have been duly served upon the intended awardee. j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 11 8. NON-DISCRIMINATING: The Vendor, its employees and subcontractors, agrees not to commit unlawful discrimination and agrees to comply with applicable provisions of the Illinois Human Rights Act, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act, and rules applicable to each. 9. NEGOTIATIONS: The Village reserves the right to negotiate specifications, terms, and conditions, which may be necessary or appropriate to the accomplishment of the purpose of the RFP. The Village may require the entire proposal be made an integral part of the resulting agreement. This implies that all responses, supplemental information, and other submissions provided by the Proposer during discussions or negotiations will be held by the Village as contractually binding on the successful Proposer. 10. INCURRED COSTS: The Village will not be liable in any way for any costs incurred by respondents in replying to this RFP. Proposer agrees to comply with all laws, ordinances, and rules of the Village and the State of Illinois. 11. PROPOSER RESPONSIBILITIES: The selected Proposer will be required to assume responsibility for all services offered in this proposal. The Owner will consider the selected Proposer to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the agreement. 12. PAYMENT: The Village authorizes the payment of invoices on the second and fourth Tuesday of the month. For consideration on one of these dates, payment request must be received no later than fourteen (14) days prior to the second or fourth Tuesday of the month. 13. PREVAILING WAGES: Prevailing Wage Act (820 ILCS 130), as amended, except where a prevailing wage violates a federal law, order, or ruling, the rate conforming to the federal law, order, or ruling shall govern. If the Department of Labor revises the wage rates, the revised rate, as made available on the Department's official website, shall apply to this agreement and the Proposer will not be allowed additional compensation because of said revisions. The Proposer shall be responsible to notify each subcontractor of the wage rates set forth in this agreement and any revisions thereto. Proposer will comply with the Illinois prevailing wage law, as amended from time to time and made available on the Department of Labor’s official website. Not less than the prevailing rate of wages as found by the Illinois Department of Labor shall be paid to all laborers, workers and mechanics performing work under the Agreement. If the Department of Labor revises the prevailing rate of wages to be paid laborers, workers or mechanics under the Agreement, the revised prevailing rate of wages shall apply to the j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 12 Agreement and Proposer shall have the sole responsibility and duty to pay, and ensure that all Subcontractors pay, the revised prevailing rate of wages to each person to whom a revised rate is applicable. Revision of the prevailing wages shall not result in an increase in the Agreement sum or other cost to Village of Oak Brook. Proposer shall indemnify, defend and hold Village of Oak Brook harmless from any loss, including but not limited to Village of Oak Brook's attorney’s fees, resulting from Proposer's failure to comply with this prevailing wage clause. All bonds applicable to the Agreement shall include a provision as will guarantee the faithful performance of the obligation to pay the prevailing rate of wages. The Proposer and each subcontractor shall make and keep, for a period of not less than 3 years, records of all laborers, mechanics, and other workers employed by them on the project; the records shall include each worker's name, address, telephone number when available, last four digits of their social security number, gender, race, ethnicity, veteran status, classification or classifications, the hourly wages paid in each period, the number of hours worked each day, the starting and ending times of work each day, the worker’s hourly rate, the worker’s hourly overtime wage rate, the worker’s hourly fringe benefit rates, the name and address of each fringe benefit fund, the plan sponsor of each fringe benefit, if applicable, and the plan administrator of each fringe benefit. The Proposer and each subcontractor shall submit monthly, in person, by mail, or electronically a certified payroll to the Department of Labor, or to the public body if the Department of Labor has yet to activate the database created by Section 5.1 of 820 ILK’S 130. The certified payroll shall consist of a complete copy of the records. The certified payroll shall be accompanied by a statement signed by the proposer or subcontractor which states that: (i) such records are true and accurate; (ii) the hourly rate paid to each worker is not less than the general prevailing rate of hourly wages required; and (iii) the proposer or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class B misdemeanor. Upon 7 business days' notice, the proposer and each subcontractor shall make available for inspection and copying at a location within this State during reasonable hours, the records to the public body in charge of the project, its officers and agents, and to the Director of Labor and his deputies and agents. The Proposer and each subcontractor shall permit his/her employees to be interviewed on the job, during working hours, by compliance investigators of the Department or the Department of Labor. 14. DEFAULT: The agreement may be canceled or annulled by the Owner in whole or in part by written notice of default to the Proposer upon nonperformance or violation of agreement terms. An award may be made to another Proposer with services similar to those so terminated. Failure of the Proposer to deliver services within the time stipulated on his offer, unless extended in writing by the Owner, shall constitute agreement default. 15. AGREEMENT: The successful proposer agrees that upon acceptance of its proposal by the Village of Oak Brook this Request for Proposal, along with all instructions, conditions, and specifications attached thereto, constitute a binding agreement, which may be enforced by the Village. j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 13 16. AGREEMENT EXTENSION: At the conclusion of the 2022 pool season, the Village of Oak Brook reserves the right to award an annual agreement extension for each following years, not to exceed 4 years (2023, 2024, 2025 and 2026), to the current Proposer. Determination will be made annually solely by the Village of Oak Brook with the concurrence of the Proposer and will be determined no later than 24 weeks following the pool season. 17. FORCE MAJEURE: A force majeure occurrence is an event or effect that cannot be reasonably anticipated or controlled and is not due to the negligence or willful misconduct of the affected party. Unless otherwise agreed in the agreement between the parties expressly or impliedly, where a party to an agreement fails to perform one or more of its contractual duties, the consequences set out in this clause will follow if and to the extent that the party proves: (a) that its failure to perform was caused by an impediment beyond its reasonable control; (b) that it could not reasonably have been expected to have taken the occurrence of the impediment into account at the time of the signing of the agreement; and (c) that it could not reasonably have avoided or overcome the effects of the impediment. A party invoking this clause shall be presumed to have established the conditions described in the preceding paragraph in the case of the occurrence including, but not limited to, one or more of the following impediments or other similar causes beyond the control of the proposer or the Village in the performance of the agreement where non-performance, by exercise of reasonable diligence, cannot be prevented: • acts of God or natural disaster such as but not limited to violent storm, cyclone, typhoon, hurricane, tornado, blizzard, earthquake, volcanic activity, landslide, tidal wave, tsunami, flood, damage or destruction by lightning, drought; • acts of war (whether declared or not), armed conflict or the serious threat of the same (including but not limited to hostile attack, blockade, military embargo), hostilities, invasion, act of a foreign enemy, extensive military mobilization; • civil war, riot, rebellion, revolution, military or usurped power, insurrection, civil commotion or disorder, mob violence, act of civil disobedience; • acts of public enemies, acts of terrorism, sabotage or piracy; • plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions; j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 14 • act of authority whether lawful or unlawful, compliance with any law or governmental order, rule, regulation or direction, curfew restriction, expropriation, compulsory acquisition, seizure of works, requisition, nationalization; • explosion, fire, destruction of machines, equipment, factories and of any kind of installation, prolonged break-down of transport, telecommunication or electric current; • general labor disturbance such as but not limited to boycott, strike and lock- out, go-slow, occupation of factories and premises; • shortage or inability to obtain critical material or supplies to the extent not subject to the reasonable control of the subject Party. The affected party shall provide the other party with written notice of any force majeure occurrence as soon as the delay is known and provide the other party with a written contingency plan to address the force majeure occurrence. Furthermore, the affected party shall use its commercially reasonable efforts to resume proper performance within an appropriate period of time. Notwithstanding the foregoing, if the force majeure condition continues beyond 30 days, the parties to the agreement shall jointly decide on an appropriate course of action that will permit fulfillment of the parties’ objectives under the agreement. Proposer shall not be entitled to an adjustment in agreement price or other non-price related items caused by or within the control of proposer. Delay, disruption, and interference attributable to and within the control of a subcontractor or supplier shall be deemed to be within the control of proposer. 18. INDEPENDENT CONTRACTOR: There is no employee/employer relationship between the Proposer and the Village. Proposer is an independent contractor and not the Village’s employee for all purposes, including, but not limited to, the application of the Fair Labors Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the Worker’s Compensation Act (820 ILCS 305/1, et seq.). The VILLAGE will not (i) provide any form of insurance coverage, including but not limited to health, worker’s compensation, professional liability insurance, or other employee benefits, or (ii) deduct any taxes or related items from the monies paid to Proposer. The performance of the services described herein shall not be construed as creating any joint employment relationship between the Proposer and the Village, and the Village is not and will not be liable for any obligations incurred by the Proposer, including but not limited to unpaid minimum wages and/or overtime premiums, nor does there exist an agency relationship or partnership between the Village and the Proposer. 19. GOVERNING LAW: The laws of the State of Illinois as to interpretation, performance and enforcement shall govern this Agreement. The forum for resolving any disputes concerning the j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 15 parties’ respective performance or failure to perform under this Agreement shall be the Circuit Court for the Eighteenth Judicial Circuit, DuPage County, Illinois. Section 2. Proposal Instructions A. General Information Six (6) copies of the proposal shall be submitted in a sealed envelope to: Rania Serences Senior Purchasing Assistant Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 and clearly marked on the outside of the envelope “Oak Brook Bath & Tennis Club Aquatic Management Services” on or before 3:00 p.m. Thursday, January 13, 2022. Any proposal received after this date and time will be refused. B. Documents/Information to be Submitted: Proposal Form (Section C below), Detailed cost Spreadsheet and Narrative References (Section D below) Consultants Certification (Section E below) Sexual Harassment Policy (Section F below) Statement of Qualifications • Provide background information on your firm including, but not limited to, the age of the business, the number of employees, and pertinent financial data that will permit the Village to determine the capability of the proposer to meet all contractual requirements. • List the abilities, qualifications, and experience of the persons who would be assigned to the engagement and their experience on similar agreements. Project Approach • Terms and Conditions List any terms and conditions, which may apply to this agreement and are not included in this RFP. • Additional Information and Comments Include any other information you believe to be pertinent but not specifically mentioned elsewhere. j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 16 C. Proposal Form In compliance with this Request for Proposals, and subject to all conditions thereof, the undersigned offers and agrees, if this proposal is accepted, to furnish the services as outlined herein for the Village of Oak Brook, subject to modification through negotiations. The time and material, not to exceed, cost proposed shall include all anticipated expenses. Time and Material (including expenses) Not-to-Exceed Cost to conduct the Oak Brook Bath & Tennis Club Aquatic Management Services for the 2022 Pool Season as indicated in the Scope of Services $ Alternate Proposal: 1) Not-to-Exceed Cost to conduct only the aquatic facility management (pool check-in, lifeguarding, day-to-day operations, etc.) for the Oak Brook Bath & Tennis Aquatic Facility for the 2022 Pool Season $ 2) Not-to-Exceed Cost to conduct only the maintenance and repair services, supply pool chemicals, and open/close services the Oak Brook Bath & Tennis Aquatic for the 2022 Pool Season $ Include with your proposal a spreadsheet indicating the hourly rates, estimated expenses, and any other anticipated costs that are included in the above NTE cost. Also, include a full narrative that describes your overall process for maintenance and repair, and lifeguard services. j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 17 Firm Name: Address: City, State, ZIP: Signature: Name Printed: Title: Telephone: Date: If a Corporation: ATTEST: ____________________________ Secretary j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 18 D. References Your Company Name: (Please Print) The Proposer shall list five (5) current references with needs similar to the Village of Oak Brook for whom Proposer has provided comparable services. Please include company name, address, telephone number, year(s) employed by referenced firms, contact person, and type of work you performed for that entity. 1. Company Name/Municipality: Address: Phone: ( ) Contact Person: Type of Work and Date Performed: 2. Company Name/Municipality: Address: Phone: ( ) Contact Person: Type of Work and Date Performed: j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 19 3. Company Name/Municipality: Address: Phone: ( ) Contact Person: Type of Work and Date Performed: 4. Company Name/Municipality: Address: Phone: ( ) Contact Person: Type of Work and Date Performed: 5. Company Name/Municipality: Address: Phone: ( ) j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 20 Contact Person: Type of Work and Date Performed: j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 21 E. Proposals Certification The undersigned, being first duly sworn an oath, deposes and states that he has the authority to make this certification on behalf of the proposer for the construction, product, commodity, or service briefly described as follows: “Oak Brook Bath & Tennis Club Aquatic Management Services” 1) The undersigned certifies that, pursuant to Chapter 720, Section 5/33E of the Illinois Compiled Statutes, 1993, the proposer is not barred from bidding on this agreement because of a conviction for the violation of State of Illinois laws prohibiting bid rigging or bid-rotating. 2) The undersigned states under oath that, pursuant to Chapter 65, Section 5/11-42.1-1 of the Illinois Compiled Statutes, 1993, the proposer is not delinquent in the payment of any tax administered by the Illinois Department of Revenue. 3) The undersigned certifies that, pursuant to Chapter 775, Section 5/2-105. of the Illinois Compiled Statutes, 1993, the proposer has a written sexual harassment policy in place including the following information: a) An acknowledgment of the illegality of sexual harassment. b) The definition of sexual harassment under State law. c) A description of sexual harassment, utilizing examples. d) The Consultant’s internal complaint process including penalties. e) The legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission. f) Directions on how to contact the Department or the Commission. This business firm is: (check one) _____ Corporation _____ Partnership _____ Individual Firm Name: __________________________________________________ Address: ___________________________________________________ City, State, ZIP: ____________________________________________ Signature: ___________________________________________________ Name Printed: ________________________________________________ Title: _______________________________________________________ Telephone: __________________________Date:____________________ j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 22 ATTEST: ___________________________ -SEAL- SUBSCRIBED AND SWORN TO before me this ______ day of _____________, 2022. _____________________________ Notary Public j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 23 F. Sexual Harassment Policy hereinafter referred to as “Proposer” having submitted a bid/proposal for to the Village of Oak Brook, DuPage/Cook Counties, Illinois, hereby certifies that said Consultant has a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105(A)(4) including the following information: 1) An acknowledgment of the illegality of sexual harassment. 2) The definition of sexual harassment under State law. 3) A description of sexual harassment, utilizing examples. 4) The Proposer’s internal complaint process including penalties. 5) The legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission. 6) Directions on how to contact the Department or the Commission. 7) An acknowledgment of protection of a complaint against retaliation as provided in Section 6-101 of the Human Rights Act. Each consultant must provide a copy of such written policy to the Illinois Department of Human Rights upon request. By: Authorized Agent of Proposer Subscribed and sworn to before me this _____ day of ____________, 2022. ___________________________________ Notary Public j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 24 Section 3. Review Process A. Evaluation of Proposals and Selection The proposals received will be evaluated by the Village on the basis of professional qualifications, previous experience on similar projects, key personnel assigned to the project, satisfaction of previous clients on work performed for them, current billing rates of the firm, and the proposal that best meets the needs of the Village. This proposal is not intended to be detailed; it is intended to be an expression of interest in providing services for the project, as well as to provide background information on the firm and its professional qualifications. Firms will be contacted during the evaluation if further information is needed. The Village may choose to interview one or more firms before final selection is made. This Request for Proposal does not commit the Village to award an agreement, to pay any costs incurred in the preparation of a proposal based on this request, or to procure or agreement for services. All proposals submitted in response to this Request for Proposal become the property of the Village. The Village reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with qualified consultants, or to cancel in part or in its entirety the Request for Proposal, if it is in the best interest of the Village to do so. The Village may require the consultant selected to participate in negotiations concerning agreement price or the nature and extent of services to be provided. The results of such negotiations shall be incorporated into the final agreement between the Village and its consultant. B. Basis of Award Village staff will perform an evaluation of the proposals received. Appropriate finalist(s) may be interviewed by the Village, after which a selection will be made. The Village reserves the right to reject any or all proposals, to waive any informality or technical error, and to accept any proposal deemed most favorable to the interests of the Village. The Village will review proposals based on the following criteria: 1) Compliance with RFP. Adherence to all conditions and requirements of the RFP. 2) Understanding of the Project. The Proposer understands of the engagement, the Village’s objectives, and the nature and scope of the work involved. 3) Services to be Provided. The exact type and nature of the proposer’s proposed services and how they accomplish the objectives of the project. 4) Qualifications of the Proposer. The Proposer’s capability in all respects to perform fully all agreement requirements, and the integrity and reliability, which will assure good faith performance. This criterion includes: • The experience of the firm and its record on projects of a similar nature. • Personnel to be assigned to the project, their education, qualifications, and experience on similar projects. j:\worddoc\rfp\2021 rfp\aquatic services.doc Page 25 • The availability of necessary personnel and other resources to successfully complete the project specified herein on a timely basis. 5) Costs. Proposed agreement price. 6) Ability, capacity and skill to fulfill the agreement as specified. 7) Ability to supply the commodities; provide the services or complete the construction promptly, or within the time specified, without delay or interference. 8) Character, integrity, reputation, judgment, experience and efficiency. 9) Quality of performance on previous agreements. 10) Previous and existing compliance with laws and ordinances relating to the agreement. 11) Sufficiency of financial resources. 12) Quality, availability and adaptability of the commodities, services or construction, in relation to the Village’s requirements. 13) Ability to provide future maintenance and service under the agreement. 14) Number and scope of conditions attached to the proposal. 15) Record of payments for taxes, licenses or other monies due the Village. 16) The Village of Oak Brook will select an organization with the experience, commitment, vision, financial ability, and technical competence necessary to operate and manage the pools.