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2016 Landscape Maintenance VILLAGE OF OAK BROOK Purchasing Division 1200 Oak Brook Road Oak Brook, IL 60523 (630) 368-5164 REQUEST FOR PROPOSAL LANDSCAPE MAINTENANCE February 2016 j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc TABLE OF CONTENTS SECTION 1. REQUEST FOR PROPOSALS ............................................................................................... 1 A. NOTICE – POSTED ON VILLAGE WEBSITE TUESDAY, FEBRUARY 2, 2016: ............................................... 1 B. PROJECT DESCRIPTION ...................................................................................................................... 2 C. GENERAL TERMS AND CONDITIONS ................................................................................................... 12 SECTION 2. PROPOSAL INSTRUCTIONS ............................................................................................... 21 A. GENERAL INFORMATION .................................................................................................................... 21 B. DOCUMENTS/INFORMATION TO BE SUBMITTED: .................................................................................. 22 C. KEY TO MAP ..................................................................................................................................... 22 D. REFERENCES ................................................................................................................................... 26 SECTION 3. REVIEW PROCESS ............................................................................................................. 30 A. EVALUATION OF PROPOSALS AND SELECTION .................................................................................... 30 B. BASIS OF AWARD ............................................................................................................................. 30 j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Section 1. Request for Proposals A. Notice – posted on Village website Tuesday, February 2, 2016: Village of Oak Brook Request for Proposals Landscape Maintenance February 2016 The Village of Oak Brook is soliciting proposals for Landscape Maintenance. Proposals should be addressed to: Rania Serences Senior Purchasing Assistant Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 A Pre-Proposal Meeting and Drive-By of all locations to be maintained will be held beginning at the S.E Dean Board Room of the Village Hall, at 10:00 A.M., Tuesday, February 9, 2016, and progressing to each of the locations. Attendance at this meeting is mandatory. Failure to attend this meeting disqualifies a company from submitting a proposal on this work. This meeting is an opportunity to ask questions concerning the specifications. The closing date and time for receipt of proposals is Tuesday, February 23, 2016, 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 is on file for inspection and may be downloaded from the Village’s website at www.oak-brook.org, or picked up at the Butler Government Center, 1200 Oak Brook Road, Oak Brook, Illinois 60523, between the hours of 8:00 A.M. and 4:30 P.M., Monday through Friday. There is no charge for the package. 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 to be in the best interest of the Village. j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 1 B. Project Description I. Introduction The Village of Oak Brook (Village) is interested in obtaining landscape maintenance services for various locations shown in the attached map and described below. The Village reserves the right to contract for 1 year with (3) 1 year options to renew at its sole option. Performance of the successful proposer will be verified by Village employees. II. Proposed Specifications AREAS AND REQUIREMENTS 1. VILLAGE COMMONS COMPLEX AND FIRE STATION NO. 93. All areas marked in YELLOW on the attached Village map shall be maintained on the following schedule. A. Mow, and string trim lawns a minimum of once per week to maintain turf at a neat appearing two (2”) height. Debris/litter shall be removed prior to mowing. Any accumulation of grass clippings, leaves or other debris shall be removed immediately upon completion of mowing operations. This includes parking lot areas. B. Edge walks and curbs three (3) times, (spring, summer & fall) per season. C. Cultivate planting beds and around trees a minimum of twice per month to maintain beds free of weeds, undesirable grasses, leaves and other debris. This also includes sidewalks and curblines. D. Prune and shape ornamental plant material (trees and bushes) twice per season using accepted horticultural methods. Only tree limbs that can be reached from ground level are to be pruned. E. Prior to beginning seasonal operations, all areas are to be cleared of winterkill, debris, leaves, and all other material that has accumulated during the winter months. Material shall be hauled away at Proposer’s expense and shall be incidental to the contract pricing. F. Mulch all planting beds and trees with Shredded Hardwood Mulch on or about April 15. j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 2 COST PER SEASON: Village Commons Complex Fire Station 93 2016 $_______________ $_______________ 2017 $_______________ $_______________ 2018 $_______________ $_______________ 2019 $_______________ $_______________ 2. CUL-DE-SACS, MEDIAN STRIPS AND IMPROVED RIGHTS-OF-WAY. All areas marked in RED on the attached Village map shall be maintained on the following schedule. A. Mow, and string trim areas a minimum of once per week to maintain turf at a neat appearing two (2”) inch to three (3”) inch height. Remove any accumulation of grass clippings, leaves or other debris that detracts from the health or appearance of the turf grass. No grass clippings are to be blown onto the roadway. B. Apply a high quality, slow release fertilizer, (Anderson’s 25-5-15 Sulfur Coated Urea, or C. Cultivate planting beds and around trees a minimum of twice per month, or as needed to maintain beds free of weeds, undesirable grasses, leaves or other debris. D. Prune and shape ornamental plant material (trees and bushes) twice per season using accepted horticultural methods. Only tree limbs that can be reached from ground level are to be pruned. E. Prior to beginning seasonal operations, all areas are to be cleared of winterkill, debris, leaves and all other material that has accumulated during the winter months. Material is to be hauled away at Proposer’s expense and shall be incidental to the contract pricing. F. Mulch Planting Areas on map # 19, 26, & 28 with Shredded Hardwood Mulch on or about April 15. COST PER SEASON: 2016 $_______________ 2017 $_______________ 2018 $_______________ 2019 $_______________ j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 3 3. UNIMPROVED RIGHTS-OF-WAY All areas marked in BLUE on the attached Village map shall be maintained on the following schedule. A. Mow and string trim grass a minimum of every three (3) weeks to maintain grass at a three (3”) inch to five (5”) inch height. No grass clippings are to be blown onto the roadway. COST PER SEASON: 2016 $_______________ 2017 $_______________ 2018 $_______________ 2019 $_______________ 4. COUNTY RIGHTS-OF-WAY All areas marked in GREEN on the attached Village map shall be maintained on the following schedule. A. Mow and string trim grass a minimum of every three (3) weeks to maintain grass at a three (3”) inch to five (5”) inch height. Remove any accumulation of grass clippings, leaves or other debris that detracts from the health or appearance of the turf grass. No grass clippings are to be blown onto the roadway. COST PER SEASON: 2016 $_______________ 2017 $_______________ 2018 $_______________ 2019 $_______________ 5. WELL HOUSES (#3, #5, #6, #7) AND RESERVOIRS (#A & #B) All areas marked in PINK on the attached Village map shall be maintained on the following schedule. A. Mow and string trim lawn areas a minimum once per week or as needed to maintain turf at a neat appearing 2” to 3” height. Remove any accumulation of grass j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 4 clippings, leaves or other debris that detracts from the health or appearance of the turf grass. No grass clippings are to be blown onto the roadway. B. Apply a high quality, slow release fertilizer (Anderson’s 25-5-15 Sulfur Coated Urea, or C. Edge walks and curb lines two (2) times (spring & fall) per season. D. Cultivate planting beds and around trees a minimum of twice per month, or as needed to maintain beds free of weeds, undesirable grasses, leaves or other debris. This includes sidewalks, curbs, and driveways E. Prune and shape ornamental plant material (trees and bushes) twice (2) per season using accepted horticultural methods. Only tree limbs that can be reached from ground level are to be pruned. F. Prior to the beginning of seasonal operations, all areas are to be cleared of winterkill, debris, leaves and all other material that has accumulated during the winter months. Material is to be hauled away at Proposer’s expense and shall be incidental to the contract pricing. COST PER SEASON: 2016 $_______________ 2017 $_______________ 2018 $_______________ 2019 $_______________ 6. WESTCHESTER PARK All areas marked in ORANGE on the attached Village map shall be maintained on the following schedule. A. Mow a minimum of once per week or as needed to maintain turf at a neat appearing 2”-3” height. Remove any accumulation of grass clippings, leaves or other debris, which detracts from the health, and appearance of the turf grass. There is an area that will stay wet and will require using a string trimmer. No grass clippings are to be blown onto the roadway. COST PER SEASON: 2016 $_______________ 2017 $_______________ 2018 $_______________ 2019 $_______________ j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 5 TOTAL COST FOR ITEMS #1 - #6 2016 $_______________ 2017 $_______________ 2018 $_______________ 2019 $ 7. SALT CREEK BANKS All areas marked in PURPLE on the attached Village map shall be maintained on the following schedule. A. Mow banks of Salt Creek from North Village Limits to 22nd Street twice per season Mowing shall be done to leave vegetation at a 3” to 5” height. 1st. Cut week before July 4th 2nd Cut mid September COST FOR FIRST MOWING 2016 $_______________ 2017 $_______________ 2018 $_______________ 2019 $_______________ COST FOR SECOND MOWING 2016 $_______________ 2017 $_______________ 2018 $_______________ 2019 $_______________ j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 6 8. 615 22nd St. Area marked in DARK GREY on the attached Village map shall be maintained on the following schedule. A. Mow and string trim a minimum of once per month to maintain turf at a neat appearing three (3”) to five (5”) height. Debris/litter shall be removed prior to mowing. Any accumulation of grass clippings, leaves, of other debris shall be removed immediately upon completion of mowing operations. COST FOR 615 22ND ST: 2016 $____________ 2017 $____________ 2018 $____________ 2019 $____________ TIME & MATERIAL MISCELLANEOUS RATES TIME AND MATERIAL RATES The following are hourly, daily and/or unit rates which apply as a part of the maintenance contract for extra work, special projects and emergencies that may arise during the contract period and not otherwise provided, used only after prior Village approval for each job. Hourly rates – Personnel Labor with hand tools 2016 $_______________ 2017 $_______________ 2018 $_______________ 2019 $ j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 7 Labor with power tools 2016 $ 2017 $ 2018 $ 2019 $ Supervisor 2016 $ 2017 $ 2018 $ 2019 $ MISCELLANEOUS RATES Sod installed per yard On unprepared ground (Labor & material) 2016 $_______________ 2017 $_______________ 2018 $_______________ 2019 $_______________ Sod installed per yard On prepared ground (Labor & material) j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 8 2016 $_______________ 2017 $_______________ 2018 $_______________ 2019 $ Total cost for mowing One (1) acre vacant lot (Labor & equipment) 2016 $ 2017 $ 2018 $ 2019 $ Parkway Tree Planting And mulching (labor & Equipment, Village Will supply trees) 2016 $_______________/tree 2017 $_______________/tree 2018 $_______________/tree 2019 $ /tree Summer Annual planting 50 flats at Village Hall and 22nd St Median Planter Boxes (Village will supply flats) j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 9 2016 $_______________ 2017 $_______________ 2018 $_______________ 2019 $ Fall Mum Planting 50 Mums At Village Hall (Village will supply Mums) 2016 $_______________ 2017 $_______________ 2018 $_______________ 2019 $ Firm Name: _______________________________________________________ Address: __________________________________________________________ City, State, ZIP: ____________________________________________________ Signature: _________________________________________________________ Name Printed: _____________________________________________________ Title: ____________________________________________________________ Telephone: ___________________________Date:________________________ If a Corporation: ATTEST: ____________________________ j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 10 Secretary III. Special Conditions 1. Proposer shall coordinate all maintenance activities with the Director of Public Works or his designee. 2. Contract shall commence on approximately April 1st and continue through November 31st of each year. However, warm or cold Spring and Fall may require work beyond these dates. 3. Upon presentation of an acceptable invoice for work rendered in the prior month, the Village will pay the Proposer within the first twenty (20) working days after receipt of said invoice for all specialty and time and material work. For all routine monthly work, the Proposer will be paid in eight (8) equal monthly payments, beginning in May, provided said work is acceptable and a proper invoice is prepared and submitted. 4. Proposer shall remove from the Village all debris, including plant material debris, generated during the maintenance procedures upon the completion of each day’s operations and shall include removal of all accumulations of leaves, paper, trash and other materials which detract from the landscaping in such places as shrubbery beds, fence lines, exterior building lines, parking lots and other places of maintenance. Debris, as indicated in the specifications shall be removed and disposed of at the Proposer’s expense. No debris shall be allowed to be blown or discharged onto paved areas. 5. Cancellation of Contract - The Village reserves the right to cancel all or part of this contract upon thirty (30) days written notice to the Proposer. 6. Proposer shall furnish uniforms or shirts (in colors distinct from Village employees) to it’s personnel while they are working for the Village. Such uniforms or shirts shall prominently display the name of the Proposer. 7. All vehicles being used by the Proposer during the term of this contract must prominently display the name of Company. j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 11 8. Proposer shall not assign any right or interest under this Contract, nor orders issued pursuant to the contract, nor delegate or subcontract any work or services without the written approval of the Village. 9. The Proposer is responsible for any and all damage caused through improper maintenance procedures and/or application of chemicals. Damage shall be repaired and/or replaced by the Proposer at no charge to the Village. 10. On Friday afternoon a weekly report and the following weeks schedule must be submitted to the Village for review. 11. Approximate acreage of project - 70 acres, plus or minus 20%, Proposer to determine acreage. 12. Village reserves the right to add, delete or modify areas. Cost for added and/or deleted areas to be negotiated between Village and Proposer. 13. Mandatory site inspections with a company management representative are required after week 4 of the contract and anytime as requested by the Village. C. General Terms and Conditions 1. PREPARATION AND SUBMISSION OF PROPOSAL S: 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 Proposal Name - “Landscape Maintenance”. 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 opening, and may resubmit it. No proposal may be withdrawn or modified after the proposal opening except where the award of contract has been delayed for a period of more than ninety (90) 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 declares that he has carefully examined this entire Proposal Package, and he has familiarized himself with all of the local conditions affecting the contract and the detailed requirements of this work and understands that in making the proposal he waives all rights to plead a misunderstanding regarding same. j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 12 F. The proposer further understands and agrees that if his proposal is accepted, he is to furnish and provide all necessary machinery, tools, apparatus, and other means to do all of the work and to furnish all of the materials specified in the contract, except such materials as are to be furnished by the Village, in the manner and at the time therein prescribed, and in accordance with the requirements therein set forth. G. The proposer further agrees that if the Village decides to extend or shorten the work, or otherwise alter it by extras or deductions, including elimination of one or more of the items, as provided in the specifications, he will perform the work as altered, increased or decreased. H. The proposer further agrees that the Village representative may at any time during the progress of the work covered by this Contract, order other work or materials incidental thereto and that all such work and materials as do not appear in the proposal or contract as a specific item covered by a lump sum price, and which are not included under the proposal price for other items in the Contract, shall be performed as extra work. I. The proposer further agrees to execute all documents within this Proposal Package, for this work and present all of these documents to the Village. J. 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 within fifteen (15) days after the receipt of the Notice of Award and the Contract by him. K. The proposer further agrees to begin work not later than ten (10) days after receipt of the Notice to Proceed from the Village, unless otherwise provided, and to execute the work in such a manner and with sufficient materials, equipment and labor as will insure its completion within the time limit specified within the proposal package, it being understood and agreed that the completion within the time limit is an essential part of the contract and time is of the essence. L. By submitting a proposal, the proposer understands and agrees that, if his proposal is accepted, and he fails to enter into a contract forthwith, he shall be liable to the Village for any damages the Village may thereby suffer, including any indirect and consequential damages. M. No proposal will be considered unless the party offering it shall furnish evidence satisfactory to the Village that he has necessary facilities, ability and pecuniary resources to fulfill the conditions of the Contract. 2. SUBSTITUTIONS: Not Applicable. j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 13 3. FUEL SURCHARGE: Fuel surcharge of 5% is to be added to a bill when the retail price of gasoline is above $4.50. Price of gasoline to be determined by price published in the Sunday Edition of the Chicago Tribune. 4. 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. The total amount proposal includes all applicable federal, state, and local taxes of every kind and nature applicable to the work as well as all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or similar benefits and all costs, royalties and fees arising from the use on, or the incorporation into, the work, of patented or copyrighted equipment, materials, supplies, tools, appliances, devices, processes, or inventions. All claim or right to claim additional compensation by reason of the payment of any such tax, contribution, premium, costs, royalties, or fees is hereby waived and released by Proposer. B. To be valid, the proposals shall be itemized so that selection for purchase may be made, there being included in the price of each unit the cost of delivery (FOB Destination). C. The Village shall reserve the right to add or to deduct from the base proposal and/or alternate proposal any item at the prices indicated in itemization of the proposal. D. All proposals shall be good for ninety (90) days from the date of the proposal opening. 5. WARRANTY: Proposer warrants that all work, equipment, labor, and materials furnished hereunder will conform in all respects to the terms of the Proposal Package, including all specifications and standards, and will be free of defects in materials and workmanship. The Proposer also warrants that the work shall be performed in accordance with the highest standards of professional practice, care, and diligence practiced by recognized firms in performing services of a similar nature in existence at the time of performance. The warranties expressed shall be in addition to any other warranties expressed in this Proposal Package, or expressed or implied by law, which are hereby reserved unto the Village. 6. PAYMENT: The Village of Oak Brook authorizes the payment of invoices on the second and fourth Tuesday of the month. For consideration on one of these dates, payment request must j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 14 be received no later than fourteen (14) days prior to the second or fourth Tuesday of the month. The Proposer shall submit request for payment with the appropriate waivers for the work on or before the twenty-sixth (26) of the month, on an approved payment request form, for work performed and material and supplies purchased, delivered and suitably stored on the job site and/or built into the work through the twenty-fifth (25) of the month. Request for payment shall be based on a basic contract schedule of values approved by the Village. Request for payment for extra work and credits for deductions from the work shall be itemized and attached to the contract payment request as a sub-total amount due at the time of the payment requested and subjected to the terms of payment as provided herein. Notwithstanding any other provision of the Contract and without prejudice to any of the Village’s other rights or remedies, the Village shall have the right at any time or times, whether before or after approval of any pay request, to deduct and withhold from any progress or final payment that may be or become due under the Contract such amount as may reasonably appear necessary to compensate the Village for any actual or prospective loss due to: (1) work that is defective, damaged, flawed, unsuitable, nonconforming, or incomplete; (2) damage for which Proposer is liable under the Contract; (3) state or local sales, use, or excise taxes from which the Village is exempt; (4) liens or claims of lien regardless of merit; (5) claims of subcontractors, suppliers, or other persons regardless of merit; (6) delay in the progress or completion of the work; (7) inability of Proposer to complete the Work; (8) reasonable doubt that the Contract can be completed for the balance of the contract price then unpaid; (9) reasonable doubt that the balance of the contract price then unpaid is not adequate to cover actual or liquidated damages, if any; (10) failure of Proposer to properly complete or document any pay request; (11) any other failure of Proposer to perform any of its obligations under this Contract; or (12) the cost to the Village, including attorneys’ fees and administrative expenses, of correcting any of the aforesaid matters or exercising any one or more of the Village's remedies set forth in the Proposal Package. The Village shall be entitled to retain any and all amounts withheld pursuant to this Section until Proposer shall have either performed the obligation or obligations in question or furnished security for such performance satisfactory to the Village. The Village shall be entitled to apply any money withheld or any other money due to Proposer under the Contract to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, attorneys’ fees, and administrative expenses incurred, suffered, or sustained by the Proposer and chargeable to the Proposer under the Contract. The final payment constituting the unpaid balance of the cost of the work and the retention shall be paid by the Village within thirty (30) days after work shall have been completed and accepted by the Village’s Representative and the contract fully performed. Payments made pursuant to the provisions to this agreement shall not be considered as evidence of performance or acceptance of work either in whole or in part and the Village j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 15 specifically reserves any and all rights under the contract of this agreement which shall not be considered waived when payments are made. 7. LIQUIDATED DAMAGES: It is also understood and agreed that if the Village determines the Proposer failed to perform either by observing the established schedule or failing to perform to the level of service established herein for more than two (2) consecutive working days, the Village shall reserve the right to impose liquidated damages for said failure to perform, but not as penalty. The Village will serve notice either personally or in writing stating the reasons for imposing liquidated damages on the Proposer providing twenty-four (24) hour notice to correct such items. If at the end of the twenty-four (24) hour period the Proposer has not made the necessary corrections, the Proposer shall pay liquidated damages to the Village in the amount of $500 per day. This failure to perform shall include repeated incidents of any of the following: failure to perform any of the items under the scope of services, failure to respond to or resolve Village complaints, failure to adhere to any and all terms and conditions specified in the contact documents. The Village reserves the right to attempt to work through these items prior to imposing liquidated damages. 8. PERFORMANCE CLAUSE: In the event the quality of service becomes unacceptable, the Village reserves the right to cancel the contract after giving thirty (30) day written notice. 9. INDEMNIFICATION: The Proposer shall protect, indemnify, save, 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, officials, employees, volunteers 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, subcontractor, 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 contract; and the payment of all direct and indirect j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 16 damages to any person, firm, company or corporation suffered or sustained on account of the performance of such work during the time the contract is in force. 10. INSURANCE: Certificates of Insurance shall be presented to the Village AND DuPage County within fifteen (15) days after the receipt by the Proposer of the Notice of Award and the unexecuted contract, it being understood and agreed that the Village will not approve and execute the contract nor will the proposal guarantee be returned until acceptable insurance certificates are received and approved by the Village Attorney. The Village of Oak Brook and the County of DuPage must be listed as certificate holders and as additional insured. An additional insured endorsement must accompany the certificate of insurance. Each Proposer performing any work pursuant to a contract with the Village of Oak Brook and each permittee working under a permit as required pursuant to the provisions of Article III of Chapter 12 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 contract 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 contract or permit, either by the Proposer, permittee, or their agents, representatives, employees or subcontractor. A Proposer or permittee shall maintain insurance with limits no less than: A. General Liability - $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, provided that when the estimated cost of the work in question does not exceed $25,000, the required limit shall be $1,000,000; 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 AND DuPage County are to be covered as additional insureds as respects to: liability j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 17 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, employees, volunteers or agents and DuPage County. (2) The Insured's insurance coverage shall be primary insurance as respects the Village, its officers, officials, employees, volunteers and agents AND DuPage County. Any insurance or self-insurance maintained by the Village, its officers, officials, employees, volunteers or agents AND DuPage County 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 AND DuPage County. (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 AND DuPage County 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 or not renewed 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 AND DuPage County. Each insurance policy shall name the Village, its officers, officials and employees, volunteers and agents 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 AND DuPage County 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 DuPage County and shall be subject to approval by the Village Attorney before work commences. The Village AND DuPage County 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 subcontractor shall be subject to all of the requirements stated herein. 11. SAFETY: j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 18 The Proposer and any subcontractor shall comply with all the provisions of the Federal Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended. 12. NON-DISCRIMINATING: The proposer, its employees and subcontractor, 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. 13. 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. 15. PREVAILING RATE OF WAGES: The Village does not believe that the requirements of the Prevailing Wage Act (820 ILCS 130), as amended, apply to the Contract. However, the Proposer is responsible for making its own assessment of the Prevailing Wage Act’s requirements and aproposaling by the Prevailing Wage Act if it applies to the Contract. 15. COPIES OF DOCUMENTS The number of copies of Contract and Bond required to be executed is as follows: a) Three (3) original counterparts of the Contract documents will be required to be executed. 16. EXECUTION OF DOCUMENTS The proposer, in signing his proposal on the whole 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. j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 19 If such Proposal is manually signed by an official other than the President of the Corporation, 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 Contract shall be deemed as have been awarded when formal notice of award shall have been duly served upon the intended awardee. 17. INDEPENDENT CONTRACTOR: There is no employee/employer relationship between the Proposer and the Village. Contractor 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 Contractor. The performance of the services described herein shall not be construed as creating any joint employment relationship between the Contractor and the Village, and the Village is not and will not be liable for any obligations incurred by the Contractor, 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 Contractor. 18. ASSIGNMENT Neither the Village nor the Proposer shall assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld. 19. GOVERNING LAW This Agreement shall be governed by, construed, and enforced in accordance with the internal laws, but not the conflicts of laws rules, of the State of Illinois. The forum for resolving any disputes concerning the parties’ respective performance or failure to perform under this Agreement shall be the Circuit Court for the Eighteenth Judicial Circuit, DuPage County, Illinois. 20. CONTRACT TERM Contract shall commence on approximately April 1st and continue through November 31st of each year. However, warm or cold spring and fall may require work beyond these dates. This contract will be awarded for a one year term with three one year options to renew based on the proposal prices submitted for 2016 - 2019. j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 20 21. COMPLIANCE WITH LAWS Proposer, in performing the work and fulfilling its obligations under the contract must comply with all applicable provisions of the federal, State, and local laws, regulations, rules, and orders. 22. NON WAIVER OF RIGHTS No failure of the Village to exercise any power given to it hereunder or to insist upon strict compliance by the proposer with its obligations hereunder, and no custom or practice of the Village at variance with the terms hereof, and no payment made constitutes a waiver of the Village’s right to demand exact compliance with the terms hereof. 23. LIENS, CLAIMS, ENCUMBRANCES Proposer warrants and represents that all the goods and materials ordered herein are free and clear of all liens, claims, or encumbrances of any kind. If at any time any notice of any lien is filed for or by reason of any equipment, materials, supplies, or other item furnished, labor performed, or other thing done in connection with the equipment or this Contract, then Proposer shall, promptly and without charge, discharge, remove, or otherwise dispose of such lien, or, if permitted by the Village, furnish a bond or other collateral satisfactory to the Village to indemnify the Village against such lien. Until such discharge, removal or disposition, or furnishing of any permitted bond or other collateral, the Village shall have the right to retain from any money payable under this Contract an amount that the Village, in its sole judgment, deems necessary to satisfy such lien and to pay the costs and expenses, including attorneys’ fees and administrative expenses, of any actions brought in connection therewith or by reason thereof. Section 2. Proposal Instructions A. General Information A Pre-Proposal Meeting and Drive-By of all locations to be maintained will be held beginning at the S.E Dean Board Room of the Village Hall, at 10:00 A.M., Tuesday, February 9, 2016, and progressing to each of the locations. Attendance at this meeting is mandatory. Failure to attend this meeting disqualifies a company from submitting a proposal on this work. This meeting is an opportunity to ask questions concerning the specifications. Three (3) 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 j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 21 Oak Brook, IL 60523 and clearly marked on the outside of the envelope “Landscape Maintenance” on or before 3:00 p.m., Tuesday, February 23, 2016. Any proposal received after this date and time will be refused. B. Documents/Information to be Submitted: Proposal Form References 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 contracts. Terms and Conditions • List any terms and conditions which may apply to this contract 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. C. Key to Map 1. Cul-de-sac and area bounded by; house property on north, end of pavement on south, Meyers Rd. on east, and dead-end street on west. 2 Median on Meyers Rd. from 35th St. on north to 38th St. on south. 3 Well House #6 - area bounded by Meyers Rd. on west, pond on east, iron stake then tree line on south and 31st St. on north. 4 Reservoir B - area bounded by access road on east, fence on west, manhole on access road extended west on north, and ComEd pole extended west on south. Additionally, east/west access road on both sides 15’ and flaring out to the tree line on north and fence on south. j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 22 5 West Elevated Tank - area bounded by parking lot on north extended east to bush line, bush line jogging south then extending east to ComEd tower, ComEd tower extended south to fence, fence extended west to concrete spillway, spillway extended north to Tower Dr. 6 Well House #7 - area bounded by Midwest Rd. on west, tree line on north extended east to north/south tree line, then follow tree line to Toll Plaza road, Toll Plaza road extended west to Midwest Rd. 7 Castle Drive – west side from 16th St. north to the Oakbrook Terrace Tower sign next to the street light, cut to fence line. West side cut to the tree line, north of the high pressure gas valves north to the Oakbrook Terrace Tower sign. 8 Three (3) median sections on 16th St. from Rt. 83 to Spring Rd. 9 Median on Spring Rd., between 16th St. and Harger Rd. 10 North Spring - east side of road from pavement edge to tree line, from 16th St. to beginning of concrete curb (area opens up just south of pavement curb). 11 Timber Edge Drive - (south side) - start at east side of Salt Creek bridge, cut to tree line and fence line east, south/east to York Woods Forest Preserve entrance off Harger Rd. Continue west, south/west along Harger Rd. to Hyatt Hotel entrance just east of Spring Rd. Timber Edge Drive - (north side) - start at fence line just east of Salt Creek bridge, cut area between north side of pavement and fence and extend east to end of fence, then extend southeast to Harger Rd., cutting down north slope face. Continue west, southwest along Harger Rd. to old Harger Rd. located at the end of Yorkshire Woods to the east cut along fence southwest to end of roadway, then continue on Harger Rd. to Salt Creek bridge, cutting to tree line. 12. Cut slopes of Harger Rd. access to York Rd. (all sides) extend southeast to include to tollway fence, including both sides of the bike path to the tree line. North along York Rd. to the end of guard rail. 13. Cut un-curbed island where York Rd. northbound/Wood Glen Lane access road turns off York Rd. Additionally, cut west side of access road from edge of pavement to fence line, extending south approximately 270 ft. Cut area bounded by York Rd. on east, frontage road on west, tollway fence on south, and access road on north. Keep guard rails clear of weeds 14. Reservoir A - area bounded by York Rd. on west, tree line, and tollway exit road on north, east, and south. 15. Well House #5 - area bounded by Windsor Dr. on west, fence line on north, parking lot on east and south. 16. Cut cul-de-sac island, north end of Swift Dr. 17. Cut cul-de-sac island, south end of Swift Dr. j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 23 18. Medians on York Rd. just north of 22nd St. and in front of 2000 York Rd., west side York Rd. along bike path from tollway bridge to traffic signal at tollway ramp. 19. Two (2) median sections on York Rd., south of 22nd St. to Golf Dr. 20. Area bounded by 22nd St. on north, fence line on south, Windsor Dr. on west, and I- 294 bridge on east. 21. Cul-de-sac island, end of Windsor Dr. and both sides of bike path, bounded by tree line and fence from 22nd St. to cul-de-sac of Windsor Dr. 22. North side of 22nd St. from Clearwater Dr. to Salt Creek, bounded by south pavement edge of 22nd St. Access Rd. to north pavement edge on 22nd St. 23. Fire Station No. 2 - area bounded by 22nd St. on south, Enterprise Dr. on west & north, and parking lot and drive of 721 Enterprise Dr. on east. 24. Cul-de-sac island at north end of Enterprise Dr. 25. Two (2) cul-de-sacs islands at the east end of Commerce Dr. 26. On 22nd St. - all grass medians from Spring Rd. to I-294. (not all require mowing but do require weeding) 27. 22nd St. and I-88 bridge – two (2) each side, triangular pieces bounded by tollway, 22nd St. and fences. 28. Jorie Blvd. - all medians from 22nd St. south to Kensington Rd. 29. On 31st St. – all grass medians from Regent Dr. east to Spring Rd, including north side of 31st Street starting at the DuPage Mayors and Managers Entrance going west to Rt. 83. 30. 31st St. and Rt. 83 interchange – on nw, sw, and se quadrants mow infield only. On the ne quadrant, mow infield plus 15’ north & east of outside guard rail and from guard rail to curb. 31. St. Paschal Dr. - north & east side from edge of pavement to fence line. West & south side, from edge of pavement to forest preserve boundary (tree line varies quite a bit in this area). 32. 35th St. – north side, from edge of pavement to and including the ditch line/tree line, from the west edge of St. Paschals Dr. up to the entrance to Covington subdivision. From there, extend west along fence line/bike path to end of bike path, south side, edge of pavement to tree/fence line, Oakwood to Midwest Rd. 33. Triangular area nw corner of Midwest Rd. and 35th St. – area bounded by Cass Ct. on the west, fence line/bike path on the north and east, Midwest Rd. on the south. j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 24 34. Grass medians on 31st St. – Spring Rd. to York Rd. 35. North side of 31st St., from Spring Rd. east to Grant Rd. – cut to tree line north of bike path. 36. South side of 31st St., from Spring Rd. east to 501 31st St. (Christ Church) cut to forest preserve boundary. 37. All vacant lots within shaded area extending to 31st St. on the south. Wet area will need to be cut with string trimmers 38. Area west of York Rd. bounded by the north boundary of 3824 York Rd. on the south, Spring Rd. on the north, tree line and drives on the west, and York Rd. on the east. Also, cut the area on the east side of York Rd. directly across from above area. 39. On Glendale Rd., north side, from Washington St. west to village limits – cut to tree line. 40. On 35th St. – Adams Rd. to Rt. 83, both sides to tree line (tree line opens up considerably once adjacent to horse stables on the south side). West of metering station, cut to fence and cut to tree line north and south. 41. Spring Rd. – from 31st St. south to Washington, cut both sides to tree line/bike path. On east side, continue mowing to across from 3719 Spring Rd. 42. York Rd. east side – at 420 31st St. and 3005 York Rd., cut back of curb, to 5’ east of bike path. Continue north to Windsor, cut back of curb to fence line/tree line. From 2717 York Rd. to the end of 11 Dover, cut back of curb to tree line. From 9 Dover to Dover Dr. curb line, cut back of curb to tree line east of bike path. 43. York Rd. west side – from 31st St. north to 22nd St., cut to bike path. 44. 22nd St. – south side from Salt Creek bridge to York Rd., cut to bike path. 45. Village Commons (including Village Hall, Public Works, and Fire Station No. 1). Area bounded by Jorie Blvd. on the west, tree line just east of Spring Rd. on the east, 31st St. on the south, and the tree line just north of the bike path on the north. 46. Kensington. – cul-de-sac island. 47. West side of Stafford Ln. behind 2615 York Rd. south to behind 2707 York Rd., cut to tree line. 48. South edge of property at 3622 York Rd. on Wennes Ct., cut from edge of pavement on Wennes Ct. to tree line. 49. On Adams Rd. – west side from Spring Rd. south to end of bike path, cut to tree line west of bike path. East side from Spring Rd. south to 35th St., cut to tree line. West j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 25 side at 3804 Adams Rd., from edge of pavement to tree line. East side across from 3804, cut from edge of pavement to tree line. 50. 22nd St. Grass Medians - Rt.83 west to Butterfield Rd. including the grass median on Butterfield Rd. 51. Commerce Dr. – Grass median east of Spring Rd. 52. 615 22nd. St. Vacant Lot – Edge of roadway north to and including the burm. Tree line at east border west to Salt Creek then south to the drainage ditch. 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: j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 26 Address: Phone: ( ) Contact Person: Type of Work and Date Performed: 2. Company Name/Municipality: Address: Phone: ( ) Contact Person: Type of Work and Date Performed: 3. Company Name/Municipality: Address: j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 27 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\2016 rfp\2016 landscape maintenance.doc Page 28 Contact Person: Type of Work and Date Performed: j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 29 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. 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 a contract, to pay any costs incurred in the preparation of a proposal based on this request, or to procure or contract 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 proposer selected to participate in negotiations concerning contract price or the nature and extent of services to be provided. The results of such negotiations shall be incorporated into the final contract between the Village and the proposer. 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 and 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 proposers understanding 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 proposers proposed services and how they accomplish the objectives of the project. 4. Qualifications of the Proposer. The proposers capability in all respects to perform fully all contract 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. • The availability of necessary personnel and other resources to successfully complete the project specified herein on a timely basis. j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 30 5. Costs. Proposed contract price. 6. Ability, capacity and skill to fulfill the contract 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 contracts. 10. Previous and existing compliance with laws and ordinances relating to the contract. 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 contract. 14. Number and scope of conditions attached to the proposal. 15. Record of payments for taxes, licenses or other monies due the Village. j:\worddoc\rfp\2016 rfp\2016 landscape maintenance.doc Page 31