Loading...
R-63-14 Resolution Approving a Landscaping Agreement with Hoppy’s Landscaping, Inc. Resolution No. R43-I4 A Resolution Approving a Landscaping Agreement with Hoppy's Landscaping,Inc. WHEREAS, the President and Board of Trustees of the Village of Lemont("Village") has agreed to obtain fee simple title to certain real property commonly referred to as 12721 Jane Avenue, Lemont, Illinois 60439 ("Property" ) which is currently improved with a storm water retention pond; and WHEREAS,the storm water retention pond on the Property requires certain repairs and improvements; and WHEREAS, Section 5/8-9-1 of the Illinois Municipal Code (65 ILCS 5/8-9-1)allows the Board of Trustees of the Village ("Village Board"), upon a vote of two-thirds of the trustees then holding office,to waive the requirements for competitive bidding; and WHEREAS,the President and Board of Trustees desire to enter into a Landscaping Agreement with Hoppy's Landscaping, Inc. to perform the necessary maintenance and repairs, a copy of which is attached as Exhibit A and incorporated in its entirety; and WHEREAS, the Village Board has determined that it is advisable, necessary and in the best interests of the Village to waive competitive bidding and authorize the execution of the Landscaping Agreement with Hoppy's Landscaping, Inc. BE IT RESOLVED by the Village President and Board of Trustees of the Village of Lemont as follows: Section One: The Landscaping Agreement is hereby approved in substantially the form attached hereto as Exhibit A. Section Two: The Mayor or Village Administrator are authorized to execute the Landscaping Agreement following Village's successful acquisition of the Property, and are further authorized to make changes to the document prior to execution, in consultation with the 1 Village Attorney, that do not materially alter the Village's obligations, and to take any other steps necessary to carry out this resolution. Section Three: This Resolution shall be in full force and effect from and after its passage and approval as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS on this 22nd day of September,2014. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN Debby Blatzer Paul Chialdikas ✓ Clifford Miklos Ron Stapleton Rick Sniegowski Jeanette Virgilio BRIAN K. REAVES President AT .ST: /,:i �f / //i CHARLENE M. SMOLLE Village Clerk 2 Landscaping Agreement This Agreement is by and between the VILLAGE OF LEMONT, an Illinois municipal corporation (the "Village"), and HOPPY'S LANDSCAPING, INC., an Illinois Corporation (the "Contractor") (collectively the "Parties"). In consideration of the mutual covenants and agreements set forth in this Agreement,the Parties agree as follows: I. Performance of Work)Price. A. Work. Contractor agrees to perform the work as described in Contractor's Proposal ("Work"), which is attached hereto as Exhibit A and incorporated only to the extent it provides details on the scope of the Work and the total Price for said Work. No claim whatsoever will be allowed the Contractor for changes, extra work or material not completed or necessary for the completion of the Work described, or for a greater amount of money than is hereby stipulated to be paid, unless the change in or addition to the Work requiring additional outlay by the Contractor is first ordered in writing by the Public Works Director, and the price therefore agreed to in writing. B. Supervision of Work. Contractor shall properly supervise the performance of the Work so as to ensure its completion in a timely manner, safely and accurately. Contractor shall be fully responsible and assumes liability for the acts and omissions of all persons directly or indirectly employed by, or working at the direction of, the Contractor in the completion of the Work, as well as for the acts and omissions of subcontractors and of persons either directly or indirectly employed by, or working at the direction of, subcontractors. C. Quality of the Work. Contractor shall be solely responsible for conducting and ensuring that the Work is done in a thorough and workman-like manner in accordance with Page 1 of 12 industry standards. All labor furnished by the Contractor must be efficient and skilled in the Work. All Work must pass inspection by the Village. D. Relationship Between the Parties. Contractor shall act as an independent contractor for the performance of the Work. No right of observation or review; requirement of approval; or other provision of the Contract or subsequent conduct of the parties shall be construed to create a relationship between the parties of principal and agent, partners, or joint ventures. The existence, exercise or non-exercise of the Village's right to review, inspect, approve or control the quality or completeness of the Work shall not modify the extent of Contractor's liability for damages to persons or property arising from Contractor's execution of the Work. E. Prevailing Wages. All wages paid by the Contractor and each subcontractor shall be in compliance with the 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. The Contractor shall be responsible to notify each subcontractor of the wage rates set forth in this contract and any revisions thereto. If the Department of Labor revises the wage rates, the Contractor will not be allowed additional compensation because of said revisions. The Contractor shall make and keep for a period of 5 years from the date of the last payment made on a contract or subcontract for public works, 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, social security number, classification or classifications, the hourly wages paid in each pay period, the number of hours worked each day, Page 2 of 12 and the starting and ending times of work each day. The Contractor and Village may retain records required under this paragraph in paper or electronic format. Upon 7 business days' notice, the Contractor and its subcontractors shall make available for inspection and copying at a location within this State during reasonable hours, the records identified in this paragraph to the Village, its officers and agents, the Director of the Department of Labor and his or her deputies and agents, and to federal, State, or local law enforcement agencies and prosecutors. The Contractor shall no later than the tenth day of each calendar month file a certified payroll for the immediately preceding month with the Village. A certified a roll must Y t be filed for only those calendar months during which the Work has occurred. The certified payroll shall consist of a complete copy of the records identified in the preceding paragraph, but may exclude the starting and ending times of work each day. The certified payroll shall be accompanied by a statement signed by the Contractor or its subcontractor or an officer, employee, or agent of the Contractor or its subcontractor which avers that: (i) he or she has examined the certified payroll records required to be submitted by the Prevailing Wage Act and 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 by the Prevailing Wage Act; and (iii) the Contractor or its subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class A misdemeanor. The Contractor is not prohibited from relying on the certification of a lower tier subcontractor, provided the Contractor does not knowingly rely upon a subcontractor's false certification. The records submitted in accordance with this paragraph shall be considered public records, except an employee's address, telephone number, and social security number, and made available in Page 3 of 12 accordance with the Freedom of Information Act. The Contractor and Village may retain records required under this paragraph in paper or electronic format. F. Price. Village shall pay Contractor $57,250.00 for the Work, as more fully described in Exhibit A. The Contractor agrees that to the extent that money is due the Contractor by virtue of this contract as shall be considered necessary in the judgment of the Village, may be retained by the Village to protect itself against said loss until such claims, suits, or judgments shall have been settled or discharged and/or evidence to that effect shall have been furnished to the satisfaction of the Village. Payment shall be subject to the Local Government Prompt Payment Act (50 ILCS 505/1 et. seq.). II. Indemnification. A. To the fullest extent permitted by law, Contractor shall defend, hold harmless, and indemnify the Village, its corporate authorities, trustees, officers, directors, agents, and employees from and against any and all injury, death, loss, property damage, judgments, liens, claims, suits, liabilities, actions, causes of action, demands, expenses, costs, or other liabilities of any character (including reasonable attorneys fees) arising in whole or in part, relating to or resulting from Contractor's (including Contractor's employees, agents, officers, directors, subcontractors and anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable): (a) failure to comply with, or violation of, any federal, state or local law, statute, regulation, rule, ordinance, order of governmental directive; (b) acts, omissions, negligent, reckless or willful misconduct; (c) failure to comply with the terms, conditions, representations, or warranties contained in the Contract Documents; and, d) performance under this Contract. In connection with any such liabilities, the Village, its Page 4 of 12 officers, agents, employees, representatives and their assigns shall have the right to defense counsel of its choice and Contractor shall be solely liable for all costs, fees and expenses of such defense. Any insurance policies required to be maintained pursuant to the Contract Documents shall in no way limit the extent of Contractor's responsibility to indemnify as herein provided. The terms of this indemnity shall survive the suspension, expiration or termination of this Contract. B. Kotecki Waiver. In the event that Contractor's employees assert a cause of action against the Village for injuries or death arising from their actions taken under these Contract Documents, Contractor agrees to assume the entire liability for all personal injury claims suffered by its own employees and waives any limitation of liability defense based upon the Worker's Compensation Act and cases decided there under and agrees to remain fully liable for its employees' injuries or death by not asserting the Kotecki limitation as an affirmative defense. Contractor agrees to indemnify and defend the Village from and against all such loss, expense, damage or injury, including reasonable attorneys' fees, which the Village may sustain as a result of personal injury claims by Contractor's employees, except to the extent those claims arise as a result of the Village's own negligence. III. Bond and Insurance. A. Contract Security. The Contractor shall furnish a surety bond in an amount at least equal to 100 percent of the aggregate amount of the Contract as security for the faithful performance of the Contract and for the payment of all persons performing labor and furnishing materials in connection with this Contract. Page 5 of 12 B. Contractor's Insurance. Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Insurance is to be placed with insurers with a Best's rating of no less than A-, VII and licensed to do business in the State of Illinois. Contractor shall maintain limits no less than: 1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than $2,000,000 or a project/contract specific aggregate of$1,000,000. 2. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with statutory limits and Employers' Liability limits of$500,000 per accident. 4. Environmental Impairment/Pollution Liability: $1,000,000 combined single limit per occurrence for bodily injury, property damage and remediation costs. IV. Compliance with Laws. A. Contractor shall comply with all applicable laws, regulations and rules promulgated by any federal, state, local, or other governmental authority or regulatory body pertaining to all aspects of the Work, now in effect, or which may become in effect during the performance of the Work. The scope of the laws, regulations, and rules referred to in this paragraph includes, but is in no way limited to, the Illinois Human Rights Act, Illinois Equal Pay Act of 2003, Occupational Page 6 of 12 Safety & Health Act along with the standards and regulations promulgated pursuant thereto, all forms of traffic regulations, public utility, Interstate and Intrastate Commerce Commission regulations, Workers' Compensation Laws, Prevailing Wage Laws, Smoke Free Illinois Act; USA Security Act, federal Social Security Act (and any of its titles), and any other law, rule or regulation of the Illinois Department of Labor, Department of Transportation, Illinois Environmental Protection Act, Illinois Department of Human Rights, Human Rights Commission, EEOC, Metropolitan Water Reclamation District of Greater Chicago and the Village of Lemont. Contractor shall read and comply with all applicable Occupational Safety and Health Act (OSHA) standards. Contractor shall comply with the provisions of the Illinois Public Works Employment Discrimination Act and the Illinois Human Rights Act/Equal Opportunity Clause which, pursuant to Illinois law, are deemed to be part of this Contract. The relevant provisions will be fully incorporated into this Agreement by reference and set forth in full. B. Contractor shall certify certain statements by executing the document entitled "Village of Lemont Public Contract Statements", which is attached hereto as Exhibit B and fully incorporated into this Agreement. C. Prevailing Wage Act. Contractor shall comply with the requirements of the Illinois Prevailing Wage Act (820 ILCS 130/0.01 et seq.). D. Interference with Public Contracting. Contractor certifies hereby that it is not barred from entering into this Agreement as a result of violations of either Section 33E-3 or Section 33E-4 of the Illinois Criminal Code. E. Sexual Harassment Policy: 775 ILCS 5/2-105(A)(4). Contractor certifies hereby that it has a written Sexual Harassment Policy in full compliance with 775 ILCS 5/2-105(A)(4). Page 7 of 12 F. Freedom of Information Act. Contractor agrees to furnish all documentation related to this Agreement and any documentation related to the Village required under an Illinois Freedom of Information Act (ILCS 140/1 et. seq.) ("FOIA") request within five (5) days after Village issues notice of such request to Contractor. Contractor agrees to defend, indemnify and hold harmless the Village, and agrees to pay all reasonable costs connected therewith (including, but not limited to reasonable attorney's and witness fees, filing fees and any other expenses) for the Village to defend any and all causes, actions, causes of action, disputes, prosecutions, or conflicts arising from Contractor's, actual or alleged violation of the FOIA or Contractor's failure to furnish all documentation related to a request within five (5) days after Village issues notice of a request. Furthermore, should Contractor request that Village utilize a lawful exemption under FOIA in relation to any FOIA request thereby denying that request, Contractor agrees to pay all costs connected therewith (such as reasonable attorneys' and witness fees, filing fees and any other expenses) to defend the denial of the request. The defense shall include, but not be limited to, challenged or appealed denials of FOIA requests to either the Illinois Attorney General or a court of competent jurisdiction. Contractor agrees to defend, indemnify and hold harmless the Village, and agrees to pay all costs connected therewith (such as reasonable attorneys' and witness fees, filing fees and any other expenses) to defend any denial of a FOIA request by Contractor's request to utilize a lawful exemption to the Village. V. Miscellaneous Terms. A. Default. In the event, Contractor breaches any provision of this agreement, the Village may cancel the agreement upon 10 days written notice. Page 8 of 12 B. Assignment Contractor shall not assign this Agreement or any portion thereof. C. Governing Law. For any legal action between the Parties concerning the interpretation, construction and enforcement of this Agreement, or subject matter thereof, venue shall be in Cook County, Illinois and the laws of the State of Illinois shall govern the cause of action. In any action involving the interpretation or construction of the terms herein, this Agreement shall not be construed in favor of, or against, either Party. D. Captions. The captions set forth herein are inserted solely for ease and convenience of reference and are not intended to provide a basis for the construction or interpretation of this Agreement. E. Entire Agreement This Agreement contains all negotiations, agreements, covenants and understandings between the Parties and supersede any such prior written or oral agreement. This Agreement may not be modified or amended unless such modification or amendment is evidenced in writing, signed by both Parties and dated on the same date as, or later date than, the date of this Agreement. F. Waiver. The failure of either Party to enforce any term, condition, or covenant (herein referred to as "provision") of this Agreement shall not be deemed a waiver or limitation of that Party's right to subsequently enforce and compel strict compliance with such provision and every other provision of this Agreement. No provision of this Agreement shall be deemed to have been waived by either Party unless such waiver is in writing by said Party. G. Third Party Beneficiaries Nothing contained in this Agreement shall be construed to create enforceable rights in favor of any third party not a party hereto, or a Page 9 of 12 contractual relationship with, or a cause of action in favor of, any third party against either the Village or Contractor. H. Survival. The aforesaid covenants, agreements, representations and warranties shall survive the expiration or termination of the Agreement. This agreement shall be binding on the Parties and effective only as of the date fully executed by both Parties. HOPPY'S LANDSCAPING, INC.: VIL . °OF LEMO • r . `ewes, M. , $0\&\I-CAL\ ,I;k?Date Date Subscribed and sw n to before me this ay of Att: -- � 014. �� I//lvr> , a ��i� Village Clerk Notary Public OFFICIAL SEAL HOLLY FARBO NOTARY OMMISSION EXP RES:03112116 Page 10 of 12 EXHIBIT A–PROPOSAL FROM HOPPY'S LANDSCAPING, INC. Hopys Landscaping In p g Phone 630-257-2431 15041 New Avenue Fax 630-257-0771 Lockport, IL 60441 hoppylandscpe @sbcglobaI.net 8/19/2014 Village of Lemont Attn: Randy Earnest 418 Mai Street Lemont, IL 60439 Re: Athen Knolls Detention Basin Listed below is an estimate of work to be done per your request. If you have any questions please call 630-257-2431 - De-water existing Pond - Excavate and haul of unsuitable spoils in basin off site. - Remove and dispose of tree roots on side slops. - Furnish and compact clay in detention basin to proposed sub grade. - Furnish and install concrete channel as er p plan - Furnish and install topsoil to proposed grade elevation as indicated on the plan. - Fine grade and install sod in bottom of basin and up east side slop. - Fine grade and install seed and excelsior blanket to remain disturbed areas. Price: $57,250.00 ACCEPTANCE,OF PROPOSAL—The above prices,specifications and conditions are sat'sfactory and are hereby accepted. Date of Acceptance: ( ) 2 Authorized Signature: Alltw— ae� r ((rye ✓�-��,•�. , `, Name 8 Title HLLM Inc. will not begin work until this proposal is signed and returned with a 50%deposit along with the Home Repair Know Your Consumer Riahts pamphlet signed by owner and HLLM Inc. Page 11 of 12 EXHIBIT B—VILLAGE OF LEMONT PUBLIC CONTRACT STATEMENTS The Village of Lemont is required to obtain certain information in the administration and awarding of public contracts. The following Public Contract Statements shall be executed and notarized. CERTIFICATION OF CONTRACTOR/BIDDER In order to comply with 720 Illinois Compiled Statutes 5/33 E-1 et seq., the Village of Lemont requires the following certification be acknowledged: The below-signed bidder/contractor hereby certifies that it is not barred from bidding or supplying any goods, services or construction let by the Village of Lemont with or without bid, due to any violation of either Section 5/33 E-3 or 5/33 E-4 of Article 33E, Public Contracts, of the Chapter 720 of the Illinois Compiled Statutes, as amended. This act relates to interference with public contracting, bid rigging and rotating, kickbacks, and bidding. CERTIFICATION RELATIVE TO 65 ILCS 5 11-42.1.1 In order to comply with 65 Illinois Complied Statutes 5/11-42.1.1, the Village of Lemont requires the following certification: The undersigned does hereby swear and affirm that it is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless it is contesting, in accordance with the procedures established by the appropriate revenue Act, its liability for the tax or the amount of the tax. The undersigned further understands that making a false statement herein: (1) is a Class A Misdemeanor, and (2) voids the contract and allows the Village to recover under the contract. all amounts paid to it Print Name o Contractor/Bidder/Sup 'ier — Signature 1� �� Title Subscribed and swo n to before me this ► day of�� . 2014. Oka, 1 � I�' Notary Pubf' - - �� OFFICIAL SEAL HOLLY FARBO NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSIONEXPIRES:03/12/18 Page 12 of 12