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
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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
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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,
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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
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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
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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.
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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
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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).
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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.
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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
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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
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. `ewes, M. ,
$0\&\I-CAL\
,I;k?Date
Date
Subscribed and sw n to
before me this ay of Att:
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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