HomeMy WebLinkAbout09/01/2020 Motion to accept bid for sewer catch basin and inlet cleaning servicesItem Cover Page
Mwbubject Motion to accept bid for sewer catch basin and inlet
cleaning services as submitted by American
Underground, Incorporated of Wheeling, Illinois in an
amount not to exceed $49,,000.
2=t
1, 2020 - REGULAR MEETING OF THE MOUN
PROSPECT SOA.
', • 111
General *Water/Sewer !''
The proposed contract provides for the cleaning of Village -owned sewer catch
basins and inlets. Catch basins and inlets are drainage structures that collect rain
water andconvey tostorm- - mainsor • - !sewerw
The contract is let to clean and inspect one sixth (1/6th) of the Village"s sewer
catch basins and inlets on an annual basis; the previous award was approved in
2017asstwo-year! wwith w one-year extension. w'program
minimize the potential for sewer flow restrictions caused by clogged sewer
structures. This program also provides an opportunity to assess the structural
integrity ofinletsandcatchbasinsonascheduled basis. This year'starget w -
approximately bordered • the
' north Central ! thesouthboundary •
St, bounded on the east by Elmhurst Rd and Meier Rd on the west (see attached
map). The bid prices were based on estimated quantities of 250 sewer catch
basins and 250 inlets to be cleaned.
The bid award is for a two (2) year (2020-2021) catch basin and inlet cleaning
contract. The bid also includes an option to extend the contract one additiona'
1
year (2022) if •
• was
1
parties agree. Detailed bid specifications were prepared by
"'oosted on the Village's website using DemandStar online bid
An initial • • opening • -• on July . 2020 resulting in one submitted ,, • •
such, staff reviewed bid documents to ensure that information was clear and
lacking ambiguity. In addition, the single bid received was significantly higher than
previous bids and exceeded available budget. Staff decided that re -bidding the
contract would be in the best interest of the Village to secure competitive pricing
for this project.
second • • opening was scheduled with sealedbids being opened • 1
on August1 2020 for the proposed - _ catch basin and inlet cleaning
contract. Four invitational bids were e-mailed and plans/specifications were made
available on the Village's website utilizing DemandStar online bid services.
The following three (3) bids were received:
Bidder
2020 Cost
2021 Cost
Total Cost
American
Underground Inc.
$49,000
$49,000
$98,000
National Power
$106,250
$125,000
$231,250
Rodding
Adriatica
$215,000
$226,250
$441,250
All bids were reviewed to ensure that the documents had all appropriatc
signatures,, and bid security. All bids were submitted with requisite documents,,
security,, and signatures.
The lowest cost bidder is American Underground, Inc. of Wheeling, Illinois.
American Un•;- • • • has worked for the Village performing sewer televising and
- • - -s. This work was• -1 satisfactorily.
successfullyUnderground provided the requisite references for similar projects. All provided
references were called with all responding that American Underground has
• • - -• work of this scale• scope in a satisfactory- All
2
references would hire Americanin the future if given
opportunity.
AcceptAlternatives
1. • -st cost • r for a two year 1 1 1 and
Inlet Cleaning Contract as submitted by American Underground, Incorporatelf,
of --ling, Illinois in a not to exceed annual amountof $49.,000. Staff also
Actionrequests authority to extend the contract by one (1) year (2022) if
performance is satisfactory and the contractor agrees to maintain pricing.
2. at discretionof Board.
Staff Recommendation
Staff recommends that t- Village Board accept the lowest• • • for a two (2)
year (2020-2021) Catch Basin and Inlet Cleaning Contract as submitted by
American •;- • • Incorporated of -- • Illinois in a not to exceed
amountannual • 111. 2021 expenditures will be • •-nt upon availability
of funds for this purpose. Staff also requests authority to extend the contract by
one year 1 performance is satisfactoryand the contractoragrees•
currentmaintain pricing. Sufficient funds exist in the budget for• -
ATTACH M E NTS:
American Underground. pdf
Catch Basin and Inlet Cleaning Bid. pdf
INLET CLEANING MAP 2020.pdf
V?
EXHIBIT A
(Upon award of contract, to be attached to Catch Basin and Inlet Cleaning 2020-2021 as Exhibit A)
Proposal Form
MiUme of Mount Prospect
CATCH BASIN AND INLET CLEANING 2020-2021
OWNER INFORMATION
Owner Name:
Address:
Business Name:
Business Address,*
P, "7
Home Phone: 47- EA8_1111. QUO" Business Phone: �;47* 72,1 ...........
This Business is a: ❑ Individual Proprietorship
M Joint Venture
[] Partnership
Corporation
If applicable, give names, addresses, and dates of birth of all partners, officers or directors.
Name Address
Has the applicant, business, or member of the business ever had a
license or contract revoked, suspended or cancelled? E] YES
If yes, explain in full detail on a separate sheet of paper.
Does the business currently hold a license or have a contract with any other municipality for
, service? ❑ YES ❑ NO
CATCH BASIN AND INLET CLEANING 2020-2021
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If yes, explain in full on a separate sheet of paper. Have any complaints against the business been
filed with the Illinois Commerce Commission, the Office of the Illinois Attorney General, or any
other governmen �I body during the period of one year prior to the date of this proposal?
F] YES Z' PN 0 1
If yes, explain in full on a separate sheet of paper.,
Please note, the Village reserves the right to conduct its own search with the Illinois
Commerce Commission, the Illinois Attorney General, or any other governmental body, and
may take into consideration any complaints and/or pending complaints made against the
business or owner.
Services will be either full service cleaning, both inside and outside, or just outside cleaning,,
In submitting this Proposal Form requesting award of the Village of Mount Prospect Catch Basin
and Inlet Cleaning Contract 2020-2021, 1 hereby certify that:
In submitting this Proposal Form requesting award of the Village of Mount Prospect Catch Basin
and Inlet Cleaning Contract 2020-2021 1 hereby certify that:
1., 1 will not assign or subcontract window cleaning services for the Village without prior written
approval of the Corporate Authorities of the Village of Mount Prospect;
2. Neither 1, nor any person who will be working on my behalf, has been convicted under the
laws of Illinois or any other state of an offense which under the laws of this state would be a
felony involving the theft of property, violence to persons, or criminal damage to property.
Please note that in the case of a person whose last conviction was more than two years past,
and can demonstrate a compelling showing that he/she is nevertheless fit, such person or
operator may be approved by the Village Manager if otherwise eligible;
3. 1 am not barred by law from contracting with the Village because of a conviction for prior
violations of either Sections 33E-3 or 33E-4 of the Illinois Criminal Code of 1965 (720 ILCS,
5/33E-3 (Bid Rigging) or 720 ILCS 5/33-4 (Bid Rotating));
44 1 am not delinquent in payment of any taxes to the Illinois Department of Revenue pursuant
to Section 11-42.1-1 of the Illinois Municipal Code (65 ILLS 5/11-42.1-1) or in any payment,
fee or tax owed to the Village;
5., 1 provide a drug free workplace pursuant to the Drug Free Workplace Act (30 ILCS 580/1, et
se . }�
6. 1 shall comply with Article 2 of the Illinois Human Rights Act (775 ILCS 512-101, et s ), and
the Rules and Regulations of the Illinois Department of Human Rights, including
establishment and maintenance of a sexual harassment policy as required by Section 2-105
of that Article and Act;
7. 1 shall comply with the Americans with Disabilities Act;
CATCH BASIN AND INLET CLEANING 2020-2021
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0
L*101
a
I shall comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1
et seq.); and
All of the information I have provided in this Application has been truthful and given in
good faith.
I have read and understand the information provided with this Proposal Form, including
the Notice to Bidders, Instructions to Bidder, the General Conditions, the Specifications
and the Catch Basin and Inlet Cleaning 2020-2021, and agree to abide by the conditions
set forth therein. My signature below indicates my acceptance of all such conditions and
my bid for award of the Village of Mount Prospect Catch Basin and Inlet Cleaning 2020-
2021.
Phone No. 84*2 Date 031 ')2azz�
. .. . . ..... 3 03
ww� 0 T I
Bidder must use the official firm name and authorized representative must sign,
CATCH BASIN AND INLET CLEANING 2020-2021
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0
9 061&
I lal 1111 ji-JOTIA
WaN
(h erei":n,after cai led "Bidder'")
TO: Office of the Village Manager, 3rd Floor
50 South Emerson Street
Mount Prospect, Illinois 60056
(hereinafter called "Village" or "Village of Mount Prospect")
The bidders have familiarized themselves with the services to be performed and probable
work conditions required under this Bid affecting the cost of the performance of the
required services and with the Bid Documents which include:
Notice to Bidders
Table of Contents
Instructions for Bidders
General Conditions and Special Provisions
Specifications
Bid Form
Affidavit— Bid Certification Form
Bid Security
Bid Sheet — Cleaning Service Contract
Contract Document
Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel,
labor, materials, tools, equipment, and services (including all utility and transportation
services) required to perform the required services, all in accordance with the above listed
documents.
Bidder agrees to perform all of the required services and provide the equipment and
materials described in the Bid Documents, as follows:
Bidder has bid on all items and has provided a price for all requested services. The
Bidder acknowledges it understands all the requested services for which it has submitted
a bid.
The Bidder will complete and provide all labor, equipment, materials and mobilization (if
applicable) to perform the required services as incidental to the fixed item price for each
item proposed.
In submitting this bid, the Bidder understands that the Village reserves the right to add to
or subtract from the estimated quantities.
The Village intends to award one (1) contract (if at all) for the items bid. If written notice
of award of this bid is mailed, emailed or otherwise delivered to the Bidder at any time
CATCH BASIN AND INLET CLEANING 2020-2021
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It before this bid is withdrawn, the Bidder agrees to execute and deliver the contract in the
prescribed form and furnish payment and performance bonds, or letter of credit, and the
insurance certificates required by the Bid Documents to the Village within ten (10)
business days after receipt.
The Bidder, and as successful bidder/contractor upon award of the contract, understands
and agrees to the following:
1) The contractor agrees to provide all required services and items and material to the
Village as noted in the Bid Documents and comply with the requirements of the Bid
Documents.
2) The contractor agrees to comply with all applicable federal and state laws, rules and
regulations, and county and municipal ordinances, as described in the General
Conditions.
All Addenda pertaining to this project shall be acknowledged by the Bidder in the spaces
provided below:
Failure to acknowledge receipt, as provided above, may be considered sufficient grounds
for disqualification of the bidder and rejection of his/her bid submittal. A record of all
Addenda and copies of same will be available to all qualified bidders from the Village of
Mount Prospect Public Works Department, 1700 West Central Road, Mount Prospect,
Illinois two (2) days prior to the letting. It shall be the Bidders responsibility to become
fully advised of all Addenda prior to submitting its bid.
Upon award of the contract, the Village will send Notice of Award to the successful Bidder,
the Bidder must then execute the contract and provide the required bonds or letter of
credit and certificate of insurance to the Village within ten (10) business days. The Village
will then issue a written Notice to Proceed. Failure to complete the work in the designated
time frame may result in the Director of Public Works withholding compensation due the
contractor for failure to complete the said work in the designated time frame, calling the
bonds, or taking such other action as may be available.
Security in the sum of ten (10%) percent of the amount bid in form of (check one):
Bid Bond Certff Yi ed Check Bank Cashier's Check —'
is attached hereto in accordance with the "Instructions for Bidders".
This Bid Submittal contains the following:
1) Bid Form
2) Affidavit –Bid Certification Form
3) Bid Security
4) BID SHEET(S) –Catch Basin and Inlet Cleaning 2020-2021
CATCH BASIN AND INLET CLEANING 2020-2021
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�001
Respectfully submitted
Name of Firm/Bidder:
(Signature)
Title: 1'
Dates
Contact Information.-
Telephone:
nformation:
Telephone: -7Z 4,6_ � Gl 3
Email: d CL v 161 _C';� a Q" In��
ONE (1) SIGNED COPY OF THIS BID FORM AND BID SHEETS (Pages 22-29) ALONG 'V'IJ`ITH THE
AFFIDAVIT — BID CERTIFCATION FORM, AND BID SECURITY SHALL BE SUBMITTED IN A SEALED
MARKED ENVELOPE.
CATCH BASIN AND INLET CLEANING 2020-2021
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9
:I i N
Company/Firm Name:
Address.10
6
As a condition of entering into a contract with the Village of Mount Prospect, and under
oath and penat of perjury and O'Ssible termination of contract rights and debarment, the
undersigned, Al bein, first duly sworn on oath, deposes
and states that he or she is (sole owner,
plartner, joint ventured, President, Secretary, etc.) of
=MIJ and has the authority to make all
Vz
(Name of Company)
certifications required by this affidavit.
Section I Non -Collusion
The undersigned certifies that this bid is genuine and not collusive or a sham, that said
bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any
bidder or person, to put in a sham bid or to refrain from bidding, and has not in any
manner, directly or indirectly, sought by agreement or collusion, or communication or
conference with any person, to fix the bid price element of this bid, or of that of any other
bidder, or to secure any advantage against any other bidder or any person interested in
the proposed contract.
Section 11 Bid R mi ggi0
ng and Rotating
The undersigned further states that Ammr1ea6n l)wvdarz ro 12rv� -TnC
(Name of Cofnpany)
is not barred from bidding or contracting as a result of a conviction for violations of state
laws prohibiting bid rigging or bid rotating or any similar offense of any state of the United
States, as provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code, 720 ILCS
5/33E-31 33E-4.
Section I I I Drug Free, Wolrl�glace
The undersigned further states that ap t r'4n,-AA, 0
(Name of CompaAy)
provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 ILCS 580/1,
et seq., and has, to the extent not covered by a collective bargaining agreement that deals
with the subject of the Substance Abuse Prevention in Public Works Projects Act, 820
ILCS 265/1 et seq., a substance abuse prevention program that meets or exceeds these
requirements of that Act.
Section IV Tax Paviment
The undersigned further states that R MCC I Ccs \)nAeraroo(j J:nc.- is
(Name of Cpany)
CATCH BASIN AND INLET CLEANING 2020-2021
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im
not delinquent in payment of any taxes to the Illinois Department of Revenue, in
accordance with Illinois Compiled Statues, 65 ILC S 5/11-42.1. The undersigned
understands that making a false statement regarding delinquency in taxes is a Class A
Misdemeanor and, in addition, voids the contract and allows the municipality to recover
all amounts paid to the individual or entity under the contract in civil action.
Section V Sexual Harassment Pal
Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A),
every party to a public contract must:
"Have written sexual harassment policies that shall include, at a minimum, the following
information: (1) the illegality of sexual harassment; (11) the definition of sexual harassment
under State law; (111) a description of sexual harassment, utilizing examples; (IV) the
vendor's internal complaint process including penalties; (V) the legal recourse,
investigative and complaint process available through the Department (of Human Rights)
and the Commission (Human Rights Commission); (VI) directions on how to contact the
Department and Commission; and (VII) protection against retaliation as provided by
Section 6-101 of the Act. (Illinois Human Rights Act)."
A "public contract" includes: ...every contract to which the State, any of its political
subdivisions or any municipal corporation is a party." 775 ILCS 5/1-103 (M) (2002),
VA . . ......
The undersigned further states thatjq2l, 11 11 4, has
(Name of Cb(mpiany)
a written sexual harassment policy in place in full compliance with 775 1 LCS 5/2-105 (A)
(4).
It is expressly understood the foregoing statements and representations and promises
are made as a condition to the right of the bidder to receive payment under any award
made under the terms and provisions of this bid.
The undersign, certifiezA,' t all information contained in this Affidavit is true and correct.
Signed b — - - ------------- - --------- Title:
Sign, to re
Name Printed.- tA e�cber-
Signed and sworn to before me this /o2ijday of L�� u s Y2020.
My commission expires:
Notary Public
BARBARA FALLMER
OFFICIAL SEAL
Notary PlublIt"State of' HOW$,
Commission #4124224
My Commission Expires
May $* 2024
CATCH BASIN AND INLET CLEANING 2020-2021
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11
1A,
Included with this bid is a bank cashier's check, certified check or bid bond in the amount
of., being ten percent (10%) of the total amount bid by
the bidder, in favor of the Village of Mount Prospect. It is
hereby agreed that I 41hould bidder be awarded the contract for services contemplated
under this bid and fail or refuse to execute a contract for the performance of said services,
or to provide the required payment and performance bonds, or letter of credit, and
certificate of insurance, then this security, in the amount stipulated above, shall be
forfeited and may be retained by the Village of Mount Prospect as liquidated damages
and not as a penalty. All bids to remain firm for a period of ninety (90) days after bid
opening date.
SUBMITTED THIS ,. DAY OF 190 3 as 2020.
C/
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SEAL (if
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140
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Note: If bidder is a partnership, the bid must be signed by at least two of the partners.
Note: If bidder is a corporation, the bid must be signed by an authorized officer of the
corporation, attested and sealed by the secretary or other authorized officer.
If a corporation, note here the state of incorporation:
Incorporated under the laws of the State of;r// W
je7jez S Iff
CATCH BASIN AND INLET CLEANING 2020-2021
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12
The undersigned herewith submits a bid on Catch Basin and Inlet Cleaning 2020-2021 in
accordance with the attached documents. All bids are to be delivered to the office of the Village
Manager at 50 South Emerson Street 31d Floor, Mount Prospect, Illinois, 60056, prior to 1:00p.m.
on August 10, 2020.
2020 SCHEDULE OF PRICES
We will perform the services as outlined Catch Basin and Inlet Cleaning for sums
as follows:
Inlets
Catch Basins
Est. Quantity
250
250
Unit Price
......................... =
2020 Total: $
,2021 SCHEDULE OF PRICES
Ext. Cost
At :oW
3 W,
We will perform the services as outlined Catch Basin and Inlet Cleaning for sums
as follows:
Inlets
Catch Basins
Est. Quantity
250
250
Unit Price
M
Ext. Cost
2021 Total: $ z 7, 62Q - 00
TOTAL CATCH BASIN AND INLET CLEANING FOR 2020 & 20211,
2020 Total $ XA.'
2021 Total
Combined Total $
..L
Submitted this 10 day of & 12020.
C/ ...........
CATCH BASIN AND INLET CLEANING 2020-2021
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13
Mark outside of envelope: "CATCH BASIN AND INLET CLEANING 2020-2021,"' and
deliver to the Village Manager's office at 50 South Emerson Street 3rd Floor, Mount
Prospect, Illinois, 60056, by 1:00 p.m., Monday, August 10, 2020.
FIT!
Name of Compi�'
C)II , : ; . 1IIr
Ad it of Company/Firm
Phone: 247.72y�,�,,�5�?��
Date submitted' 16 12020
Also note any exceptions to the specifications.
COMPANY, 1011114ve�lpfymvd OWNER
4.0Y 6
817
ADDRESV CITY, STATE,tIP PHONE #
INII! WiffiRA; Mill
2020
E DATE
Note: All bids to remain firm for thirty (90) days. Be sure to mark the outside of
the envelope, "Sealed Bid for CATCH BASIN AND INLET CLEANING 2020-2021."
CATCH BASIN AND INLET CLEANING 2020-2021
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14
i
Amer 1*can Under un no's 60025
gro d Inc. P.O. Box 569 * GlenvI*LW, 1111 1
Ph 1-847-724-3503 * Fax 1-847-724-3508
Village of Mount Prospect
Scott Moe
50 S. Emerson Street
Mount Prospect, IL, 60056
Re: Reference List
Municipality:
Village of Lake Zurich
505 Telser Road
Lake Zurich, IL 60047
Contact:
Michael Brown — 847-540-1696
Municipality
Village of Hoffman Estates
2305 Pembroke Avenue
Hoffman Estates, IL 60169
Contact:
Haileng Xia — 847-490-6800
Agency:
Gewalt Hamilton & Associates
625 Forest Edge Drive
Vernon Hills, 1L 60061
Contact:
Patrick Glenn — 847-478-9700
American Undergro,'ulld Inc.
. . ........
" ... . .......... .
David Kerber — Vice President
15
i • t
Bid Request
for
Catch Basin and Inlet Cleaning 2020-2021
BID OPENING:
Monday, August 10, 2020 - 1:00 p.m. local time
Mount Prospect Public Works Department
1700 W. Central Road, Mount Prospect, Illinois 60056-2229
16
NOTICE TO BIDDERS
Bid for
Catch Basin and Inlet Cleaning 2020-2021
Sealed bids will be received until 1:00 p.m. on August 10, 2020 in the office of the Office
of the Village Manager, 3rd Floor, 50 S. Emerson Street, Mount Prospect, Illinois 60056,
in a separate, sealed envelope please submit bid clearly marked "Sealed Bid for Catch
Basin and Inlet Cleaning 2020-2021".
The work includes a Base Bid plus pricing for Optional Work that the Village of Mount
Prospect may require the Contractor to perform during the contract period.
Plans and specifications may be obtained at the Village of Mount Prospect's DemandStar
website by using the following link: www.mountprospect.org/bids.
Offers may not be withdrawn for a period of ninety (90) days after the bid date without the
consent of the Board of Trustees.
Any Bid submitted unsealed, unsigned, sent via email or fax or received subsequent to
the aforementioned date and time, will be disqualified and returned to the bidder.
The Village reserves the right in its sole discretion, to reject any and all bids or parts
thereof, to waive any irregularities technicalities and informalities in bid procedures and
to award the contract in a manner best serving the interests of the Village.
Village Manager
Michael J. Cassady
CATCH BASIN AND INLET CLEANING 2020-2021
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Table of Contents
Section
Pag
Notice to Bidders
1
Table of Contents
2
Bid Packet Information
3
Instructions to Bidders
7
Specifications
11
General Conditions
12
Exhibit A - Proposal Form
19
Bid Form
22
Affidavit- Proposal Certification Form
25
Bid Security
27
Bid Sheet
28
Exhibit B - Contract
30
Performance Bond
36
CATCH BASIN AND INLET CLEANING 2020-2021
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BID PACKET
The Village of Mount Prospect is seeking proposals for its:
Catch Basin and Inlet Cleaning 2020-2021
PROJECT SCOPE
The Contractor shall provide, at a minimum, the following work:
• Clean and inspect all catch basins and inlets in the target area by
November 1, of each year and provide a daily report.
• Fulfill all items and requirements listed in the General Conditions and
Specifications.
• Perform any and all additional work, as required by the Director of Public
Works, for the unit costs indicated on the Bid Sheet.
CATCH BASIN AND INLET CLEANING 2020-2021
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1. RECEIPT OF PROPOSALS
Sealed bid proposals to provide catch basin and inlet cleaning services must be
received in the Village Manager's Office, at 50 South Emerson Street 3rd Floor,
Mount Prospect, Illinois 60056, no later than 1:00pm on August 10, 2020. Bids
arriving after that time will not be accepted. Mailed bids, which are delivered after
the specified hour, will not be accepted regardless of postmarked time on the
envelope. Electronic mail (email) and/or facsimile transmitted bids will not be
accepted. All bid proposals will be publicly opened and prices read aloud thereafter
on the same date at the Mount Prospect Village Hall, 50 South Emerson Street,
Mount Prospect, Illinois.
2. HOW TO SUBMIT A BID
The bid proposal must be delivered in a sealed envelope to the Village Hall and
marked to the attention of the "Village Manager". The bid proposal must be clearly
marked: Sealed Bid "Catch Basin and Inlet Cleaning 2020-2021" and the date
of the bid opening. No proposal will be considered unless it is submitted on
the bid proposal form, Exhibit A, included in this bid packet.
The bid proposal must be typewritten or legibly completed in ink. Any erasures or
revisions in the bid proposal must be initialed by the person signing the proposal.
Should a bidder wish to qualify his bid or make special stipulations thereto, such
qualifications or stipulations shall be stated on standard letter size sheets of paper,
separate from the proposal form but included within the sealed proposal.
It will be the sole responsibility of the bidder to ensure that his or her bid reaches
the Mount Prospect Village Manager's Office on or before the deadline for bid
submissions set forth above. Any bid that is not sealed or marked as specified in
the requirements for submitting a bid will be disqualified from the bidding process.
3. QUALIFICATION OF BIDDERS
To be entitled to consideration, bids must be submitted in accordance with this
Notice to Bidders and the "Village of Mount Prospect Instructions to Bidders", and
on the Proposal Form (Exhibit A). In addition, bidders must be licensed to do
business in the Village of Mount Prospect, and must furnish satisfactory evidence
of their professional experience and ability to meet the performance requirements
of the Catch Basin and Inlet Cleaning 2020-2021 (Exhibit B).
4. AWARD OF CONTRACT TO SUCCESSFUL BIDDER
CATCH BASIN AND INLET CLEANING 2020-2021
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20
The Village of Mount Prospect will be the sole interpreter of all bid documents, and
reserves the right to make its own assessment of bids received; to reject any and
all bids; to waive irregularities and technicalities in the bids; to further negotiate
details of the contract with the low bidder after award of the contract; and to award
the contract based upon its consideration of the following criteria as well as
relevant statutory provisions:
a) Lowest responsible bidder.
b) The ability, capacity, and skill of the bidder to perform the contract to provide
the service required.
c) Whether the bidder can perform the contract or provide the service
promptly, or within the time specified, without delay or interference.
d) The character, integrity, reputation, judgment, experience, and efficiency of
the bidder.
e) The quality of performance of previous contracts.
f) The previous and existing compliance by the bidder with laws and
ordinances relating to the contract.
g) The sufficiency of the financial resources and ability of the bidder to perform
the contract and provide the service.
h) The ability of the bidder to provide future maintenance and service.
i) The number and scope of conditions attached to the bid.
j) Whether the bidder has a place of business in the Village.
k) Responsiveness to the exact requirements of the invitation to bid.
1) Ability to work cooperatively with the Village and its staff.
m) Past records of the bidder's transactions with the Village or with other
entities as evidence of the bidder's responsibility, character, integrity,
reputation, judgment, experience, efficiency and cooperativeness.
n) Such other factors as would be in the best interest of the Village and its
operations.
The Village of Mount Prospect may make such inspections, as it deems necessary,
including the right to inspect all bidder worksites related to the bid.
5. CONTRACT
CATCH BASIN AND INLET CLEANING 2020-2021
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21
The specifications and terms for award of this contract include all of those set forth
in this Notice to Bidder, the Instructions to Bidder, the Proposal Form (Exhibit A),
the Specifications, the General Conditions, the Bid Form, the Affidavit — Bid
Certification Form, the Bid Security Form, the Bid Sheet and "CATCH BASIN AND
INLET CLEANING 2020-2021" (Exhibit B). The successful bidder will be required
to execute the Catch Basin and Inlet Cleaning 2020-2021 for the duration specified
in that contract and the successful bidder's submitted Bid Proposal Form will be
attached to and incorporated into that Contract.
CATCH BASIN AND INLET CLEANING 2020-2021
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INSTRUCTIONS TO BIDDERS
To be entitled to consideration, bids must be made in accordance with the following
instructions:
1. The Village of Mount Prospect reserves the right to reject any or all bids, or any
part thereof, or to accept any bid or any part thereof, or to waive any information
in any bid when, it its opinion, the best interest of the Village will be served by such
action.
2. Bidders may withdraw or cancel their bid, in written form, at any time prior to the
advertised bid opening time. Any bid submitted will be binding for 90 calendar days
after the date of bid opening. No plea of ignorance by the bidder as to the
conditions that exist or that may exist hereafter as a result of failure or omission on
the part of the bidder to make the necessary examinations and/or investigations
will be accepted as a basis for varying the requirements of the Village or the
compensation to the bidder.
3. Bids must be signed by an authorized official of the organization submitting the bid
with the name of the official and his/her title typed below the signature.
4. All bidders must submit the following information on or before the deadline for bid
submittal: (a) the location of the bidder's permanent place of business; (b)
evidence of the ability to provide an efficient and adequate plan for executing the
services requested; and (c) any additional evidence tending to show that the bidder
is prepared adequately to fulfill the contract.
5. Bidders shall include with their bid, on a separate attachment to the bid, the names
of three (3) references regarding their qualifications by experience, ability,
personnel and equipment to perform the services required by the bid
specifications. The references must include company name, address, contact
person, and telephone number. The Village reserves the right to reject bids not
accompanied by the required references.
6. All bidders agree that a complete background investigation of the principals of the
bidder and all employees who will perform the required services on behalf of the
bidder will be made. Bidders agree to cooperate with the appropriate Village
personnel to supply all the necessary information to complete the background
inquiries. The Village, at its complete discretion, may disqualify any Bidder,
including a low Bidder, and may void any contract previously entered into based
upon its background investigation.
7. No bid will be accepted from or contract awarded to any person, firm or corporation
that is in arrears or is in default to the Village upon any debt or contract, or that is
a defaulter, as surety or otherwise, upon any obligation to the Village or has failed
to perform faithfully any previous contract with the Village within two (2) years prior
to the date of the invitation to bid.
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8. All bid submittals must include a signed Bid Certification Form (copy attached)
certifying non -collusion in the bid, and that the bidder is in compliance with
Sections 33E-3 and 33E-4 of the Illinois Criminal Code regarding bid rotating and
bid rigging (720 ILCS 5/33E-3 and 5/33E-4); compliance with the Illinois Drug Free
Workplace Act (30 ILCS 580/1 et seq.; that it is not delinquent in the payment of
taxes (65 ILCS 5/11-42.1); and that it has a written sexual harassment policy in
place in full with the Illinois Human Rights Act (775 ILCS 5/2-105, as amended).
9. Any bidder in doubt as to the true meaning of any part of the Specifications or other
did documents shall submit a written request for interpretation to Scott Moe, no
later than five (5) calendar days prior to the date set for the opening of the bid. Any
questions received after that time may be answered at the discretion of the Village.
In the event that the Village finds a question to be adequately addressed in the
existing bidding documents, the question may be answered in writing by directing
the requesting bidder to the applicable provision(s) in the existing bid documents.
No further clarifications or interpretations will be issued.
Bidders will acknowledge receipt of any addendum issued by so noting on the bid
sheet. Oral explanations are not binding.
10. Prices shall be provided for each service required to be performed under the
contract.
11. All equipment and material bid shall be in accordance with all applicable federal,
state and local laws, rules and regulations in effect at the time of the bid.
12. Bids will be considered on equipment or material complying substantially with the
specifications, provided each deviation is stated and the substitution is described,
including technical data when applicable, in a letter attached to the bid. The Village
reserves the right to determine whether such substitutions or deviations are within
the intent of the specifications and will reasonably meet the service requirements
of the applicable Village Department. Brand names which may be mentioned in
the specifications do not indicate a preference and are used only as a reference to
the type and quality of materials or equipment desired.
13. The brand name and/or manufacturer of each item proposed must be clearly
stated. Guarantee and/or warranty information must be included with this bid.
14. Unless otherwise directed by the Specifications, all materials, equipment and
services provided will meet standards or requirements which would normally be
anticipated in common practice. The bidder guarantees that all applicable federal,
state and local laws, including the federal Occupational Safety and Health Act
("OSHA"), are being complied with in connection with the bid and any resultant
contract or purchase by the Village.
15. All municipal, county, and State of Illinois sales taxes and federal excise taxes,
which are NOT applicable to sales to the Village of Mount Prospect, must be
excluded from bid prices.
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16. Prices shall be stated in units when applicable and quotation made on each item
separately. In case of conflict, unit price shall govern.
17. Bidders must be sure to specify any terms which they wish to offer in the space
provided. Cash discounts will be deducted from the base bid in determining the
low bidder.
18. A bid deposit in the amount of ten percent (10%) of the total bid amount, payable
to the Village, is required, unless otherwise stated in the bid package. The deposit
must be in the form of a bid bond, certified check, or a bank cashier's check. All
bid performance deposit checks will be retained by the Village until the bid award
is made, at which time the checks will be promptly returned to the unsuccessful
bidders. The bid performance deposit check of the successful bidder will be
retained until surety bonding requirements have been satisfied and proof of
insurance coverage is provided.
19. In case of default by the bidder, the Village may procure the services from other
sources and may deduct the cost of such services from the unpaid balance due
the bidder, or may collect against the bond or surety for excess costs so paid, and
the prices paid by the Village shall be considered the prevailing market price at the
time such purchase is made.
20. The bidder shall hold the Village, its officers, employees and agents, harmless from
liability of any nature or kind on account of the Village's use of any copyrighted or
uncopyrighted composition, trade secrets, secret process, proprietary rights,
patented or unpatented invention, article or appliance furnished or used under the
bid specifications.
21. The successful bidder is specifically denied the right of using in any form or
medium the name of the Village for any advertising, promotion or reference unless
express written permission is granted by the Village.
22. The opaque envelope containing the bid shall be marked plainly, *SEALED BID" —
along with the CATCH BASIN & INLET CLEANING 2020-2021, and date of the bid
opening. (See also Notice to Bidders requirements).
23. The bidder's submittal shall include the completed Proposal Form. The Village will
strictly hold the bidder to the terms of the Proposal Form. The Proposal Form must
be executed by a person having the legal right and authority to bind the bidder.
Questions about this Request for Bids should be directed to:
Scott Moe, Streets &Buildings Superintendent
Phone: 847.870.5640 Email: smoe(&,mountprospect.orq
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SPECIFICATIONS
1. All structures are to be cleaned using a vacuum suction method.
2. Any brick, blocks, or other debris, which cannot be removed by the vacuum suction
method, will have to be removed by other means and disposed of at the end of each
dna ii by the Contractor.
3. Water will be available at the Public Works facility, 1700 W. Central Rd.
4. The Public Works inspector will inspect all cleaned structures, and any not completely
cleaned will have to be done again to the Village's satisfaction.
5. The Contractor shall dispose of debris at an EPA -approved landfill or transfer station.
6. Excess water may be drained back into a catch basin/inlet that is to be cleaned under
this contract.
7. Contractor shall be responsible for damage to streets and parkways and for cleaning
up any muddy or slippery conditions caused by his/her men or equipment.
8. General Description - Catch Basins: 48" inside diameter (on the average), 6.5' deep,
with a 3' sump.
9. General Description - Inlets: Round, 24" diameter, 24" deep; rectangular 25" x 20" x
19" deep.
10. Equipment must be able to reach 12' behind the curb, with the equipment on the street.
11. If the basin is 13' or more behind the curb and the Contractor's vehicle must be
positioned on the parkway, the Contractor shall make every effort to position his
vehicle such as to avoid the parkway as much as possible.
12. The Contractor's equipment shall not be driven or positioned upon any private
driveway or driveway approach at any time.
13. The Contractor shall proceed down each street, structure by structure, on one side of
the street at a time.
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GENERAL CONDITIONS
A. Award of Contract; Performance; Payment
1. The Village will issue a Notice of Award to the successful bidder, advising
that it has been awarded the contract. Within ten (10) business days of
delivery of the Notice of Award, by personal service or registered or certified
U.S. Mail, postage prepaid and receipt requested, the contractor shall
execute the contract, attached to the Bid Documents, and furnish the Village
with the required bonds and certificate of insurance.
2. Upon the Village's receipt of the executed contract, required bonds and
certificate of insurance, the Village will issue and send to the contractor a
Notice to Proceed that will start the performance period.
3. Substantial Performance; Final Completion.
For year one, it is expected that this contract will be awarded on
August 19, 2020 and remain in effect until December 31, 2021 unless
terminated by either party under the conditions specified in Section 10,
Contract Termination. Upon satisfactory completion of the initial two (2)
year term of the contract the contract may be extended for one (1) additional
year beyond the termination date by mutual, written agreement between the
Village and the Contractor. The Contractor must agree to hold their prices
at the same rate as the previous year.
The Village reserves the right to re -bid the contract at the end of any
contract period. If an extension is offered, the contractor will need to inform
the Village of his decision no later than December 31St, of each year.
Additionally, if a contract is extended, the Contractor shall then be required
to submit each year an updated certificate of insurance and proof of Mount
Prospect business license or contractor's license. All contract deadlines for
years two and three will be one (or two) years later than those listed for year
one.
(a) The term of the contract is intended to run from August 2020 through
November 2021 with substantial performance expected to occur between
August 2020 and November 2020 and again March 2021 throgh November
2021.
(b) Final completion shall be within thirty (30) days after the Substantial
Performance Date (the "Final Performance Date").
4. The Village reserves the right to alter the scope of the required services to
be performed, add such incidental services as may be necessary and
increase or decrease the services to be performed to accord with such
changes, including the deduction or cancellation of any one or more or the
services. Such changes shall not be considered as a waiver of any
condition of the contract nor to invalidate any of the provisions thereof.
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5. The performance of the required services shall be done under the
supervision of the Village's Director of Public Works or his/her designee who
shall decide all questions that arise as to the quality and acceptability of
materials furnished, services performed, manner of performance,
acceptable fulfillment of the contract, compensation and the disputes and
mutual rights between contractors under the Specifications.
6. If the contractor fails to begin providing the services within the specified
time, or fails to perform these services in accordance with the terms of the
approved schedule or performs the services in a manner unacceptable to
the Village, or if the contractor becomes insolvent or is declared bankrupt,
or makes an assignment for the benefit of creditors, or from any other cause
fails to perform the required services in a manner required by the contract,
the Village shall give notice to the contractor and its surety in writing
specifying such failure, delay, neglect, refusal or default, and if the
contractor, within a period of ten (10) calendar days after the giving of such
notice, does not proceed in accordance therewith, then the Village shall
have the full power and authority to declare the contract and the contractor
in default, and to forfeit the rights of the contractor in the contract.
7. All costs and charges incurred by the Village, together with the cost of
performing the required services shall be deducted from any monies due or
which may become due to the contractor under the contract. Following any
payment due and received by the Village from the contractor's surety
following default, if the expense so incurred by the Village is less than the
sum paid to the Village by the surety under this contract for the performance
of required services during the contract period, the surety shall be entitled
to receive the excess difference paid to the Village. When such contractor
default costs incurred by the Village exceeds the sum paid to the Village for
the performance of the required services under the contract, the contractor
and the surety shall be liable and shall pay to the Village the full cost of such
additional expenses.
B. Performance of the Required Services
1. The contractor shall exercise every precaution at all times for the protection
of persons and properties. The safety provisions of all applicable laws and
ordinances shall be strictly observed. Any practice obviously hazardous, in
the opinion of the Director of Public Works or his authorized representative,
shall be immediately discontinued by the contractor upon his receipt of
instructions from the Director of Public works or an authorized
representative to discontinue such practice.
2. The performance of services under the contract includes the furnishing of
all supervision, labor, materials, tools, equipment and incidentals of every
kind and description necessary, in accordance with the contract documents.
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3. The performance of services shall be subject at all times to inspection by
the Village or its inspectors, and the contractor will be held strictly to the
diligent execution of the contract. The Village or its inspectors shall be
furnished with such information and assistance by the contractor as is
required to make a complete and detailed inspection. Completed
performance of services not complying with the contract may be rejected by
the Village and shall be performed again by the contractor at no expense to
the Village.
4. Except where the Specifications indicate otherwise, the Village is not
responsible for providing any tools, equipment, or storage under the
contract in order to permit the completion of any contractual obligations
under the contract.
5. The contractor shall provide an adequate number of competently trained
personnel with sufficient supervision to perform the services required, and
the contractor shall provide identification of its personnel if requested by the
Village. Any contractor's employee or representative whose employment is
reasonably detrimental or objectionable to the Village shall be transferred
immediately from the work site upon the Village's request. The exercise of
this option shall not be construed as placing the Village in charge of the
performance of the services required under the contract, or as making the
Village responsible for safety. All tools or equipment required to carry out
the operations within the scope of the contract shall be provided by the
contractor, and shall meet the standards of OSHA and the State of Illinois
safety codes as may be required by law. The Village reserves the right to
inspect the equipment that will be used prior to the award of the bid.
6. The contractor shall at all times have a competent person in charge of its
work crew at the job site to whom the Village representative may issue
directives. Such person shall be competent in the English language.
C. Bond; Insurance; Indemnification
1. Performance Bond. Upon submission of the executed contract to the
Village, Contractor shall furnish to the Village a surety bond in the amount
one hundred and ten percent (110%) of the bid for the faithful performance
of the Contract and to indemnify the Village against loss.
The premium of such bonds is to be paid by the Contractor. The surety
must be with a substantial surety company satisfactory to the Village and
authorized by law to do business in the State of Illinois and endorsed by a
local representative of said surety company. All performance bonds shall
name the Village of Mount Prospect as Obligee and be written upon forms
prepared or approved by the Village. Said bonds may be satisfied with a
Letter of Credit, in the form acceptable to the Village, from a bank or savings
and loan within the Chicago metropolitan area. The bonds and Letter of
Credit shall remain in effect during the full term of the Contract and any
extension thereof. Failure to so provide these bonds or Letter of Credit shall
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result in forfeiture of the bid bond/Letter of Credit to the Village as liquidated
damages and not as a penalty, and the termination of the contract and/or
withdrawal of the award.
2. Insurance Requirements. In the submission of a bid, the bidder is certifying
that it has all the insurance coverage required by law or that would normally
be expected for the bidder's type of work. In addition, the bidder is certifying
that, as the successful bidder/contractor, upon execution of the contract, it
will provide insurance of such types and in such amounts as may be
necessary to protect itself and the interests of the Village against all hazards
or risks of loss contemplated by the contract. The Village shall be named
as an additional insured on all applicable insurance policies. Satisfactory
certificates of insurance shall be filed with the Village upon execution of the
contract. The certificates shall state that thirty (30) days advance written
notice will be given to the Village before any policy covered thereby is
changed or canceled.
Insurance coverage shall be in the following minimum amounts:
Limit/ Limit/
Type of Insurance Ea. Occurrence Aggregate
General Liability
Bodily Injury $1)000)000 $3)0007000
Property Damage $1,000,000 $3,000,000
Contractual Ins. $1,000,000 $3,000,000
Automobile Liability
Bodily Injury $1)000)000 $1)0001000
Property Damage $1,000,000 $1,000,000
Workers Compensation
Employee Claims
Employers Liability
Statutory for Illinois
$1,000,000 per accident
3. Indemnification. The contractor shall indemnify and save harmless the
Village, its officers, employees and agents from any and all liability, losses
or damages, including attorney's fees and costs of defense, the Village may
suffer as a result of claims, demands, suits, actions or proceedings of any
kind or nature, including workers' compensation claims, in anyway resulting
from or arising out of the operations of the contractor under the contract,
including operations of subcontractors; and the contractor shall, at his own
expense, appear, defend and pay all attorney's fees and all costs and other
expenses arising therefrom or incurred in connection therewith; and, if any
judgments shall be rendered against the Village in any such action, the
contractor shall, at his own expense, satisfy and discharge same. The
contractor expressly understands and agrees that any bonds, letters of
credit or insurance protection required by the contract, or otherwise
provided by the contractor, shall in no way limit the responsibility to
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indemnify, keep and save harmless and defend the Village as herein
provided.
The contractor agrees to defend and hold harmless the Village from and
against all demands, claims, suits, costs, expenses, damages and
adjustments based upon any infringement of any patent relating to goods
specified in the contract, and on account of the Village's use of any
copyrighted or uncopyrighted, composition, trade secrets, secret process,
proprietary rights, patented or unpatented invention, article or appliance
furnished or used under the bid Specifications.
D. Compliance with Laws
1. If, at any time, it shall be found that the person, firm or corporation to
whom the contract has been awarded has, in presenting any
proposal or proposals, unlawfully colluded with any other party or
parties, then the contract so awarded shall be null and void, and the
consultant and his sureties shall be liable to the Village for all loss or
damage which the Village may suffer thereby, and the Village may
advertise for new bids for performance of the required services.
2. The contractor shall, at all times during the life of this contract,
observe and abide by all federal, state and local laws which in any
way affect the conduct of the work and with all decrees and orders
of courts or agencies of competent jurisdiction. Likewise, said
contractor shall be governed by all municipal ordinances and
regulations which in any way affect the conduct of the work. The
contractor shall indemnify and save harmless the Village, its officers,
agents and employees against any claim or liability arising from or
based on his violation of any law, ordinance, regulation, decree or
court order.
The bidder and contractor, as the successful bidder, shall comply
with all applicable federal, state and local laws, including, but not
limited to, the following:
a. Bid Rigging/Rotating. By submitting a bid, the contractor
certifies that no owner, officer or director is barred from
contracting with any unit of state or local government as a
result of violating the bid rigging or bid rotating provisions
contained in 720 ILCS 5/33E-3 & 33E-4.
b. Tax Payment. The contractor certifies that it is not delinquent
in the payment of any taxes to the Illinois Department of
Revenue pursuant to 65 ILCS 5/11-42.1-1.
C. Drug Free Workplace Act. The contractor will comply with the
requirements of the Drug Free Workplace Act if the contract
is $5,000 or more, and it has more than 24 employees at the
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time of entering into the contract pursuant to 30 ILCS 580, et
seq.
d. Preference to Veterans Act. The contractor will comply with
the Preference to Veterans Act, 330 ILCS 55, et seq.
f. Non -Discrimination. The contractor will comply with the
Illinois Public Works Employment discrimination Act, 775
ILCS 10/1, et seq.
g. Equal Employment Opportunity. The contractor will comply
with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-
101, et seq.), including establishment and maintenance of a
sexual harassment policy as required by Section 2-105 that
will be produced to the Village upon request, and the Rules
and Regulations of the Illinois Department of Human rights,
including the EQUAL EMPLOYMENT OPPORTUNITY
CLAUSE, that is a material term of all public contracts, as set
forth in Exhibit B.
h. Compliance with Freedom of Information Act Request.
Section 7 of the Illinois Freedom of Information Act (FOIA), 5
ILCS 140/7, applies to public records in the possession of a
party with whom the Village has contracted. The Village will
have only a very short time from receipt of a FOIA request to
comply with the request and there is a significant amount of
work required to process a request including collating and
reviewing the information. The bidder/contractor
acknowledges the requirements of FOIA and agrees to
comply with all requests made by the Village for public records
(as that term is defined by Section 2(c) of FOIA) in the
undersigned's possession and to provide the requested public
records to the Village within two (2) business days of the
request being made by the Village. The bidder/contractor
agrees to indemnify and hold harmless the Village from all
claims, costs, penalties, losses and injuries (including but not
limited to, attorney's fees, other professional fees, court costs
and/or arbitration or other dispute resolution costs) arising out
of or relating to its failure to provide public records to the
Village under the contract.
E. Work Guaranty
1. General Guaranty. Neither partial or final payment, nor any provision in
the contract, nor partial or entire use of the product/Work embraced in
the contract by the Village or the Public shall constitute an acceptance
of work not done in accordance with the contract, or relieve the
contractor of liability in respect to any express warranties or
responsibility for failure to comply with the terms of those contract
documents.
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Unless otherwise expressly provided in the Specifications, in the event
any defects or imperfections in the materials or workmanship to be
furnished by the contractor herein appear within the period of two (2)
years from the date of completion of all the Work and acceptance thereof
by the Village, the contractor will, upon notice from said Village (which
notice may be given by letter to said contractor to the business address
of the contractor shown in the proposal), repair and make good at his
own cost any such defects or imperfections and replace any defective
or imperfect materials or workmanship with other materials or
workmanship satisfactory to said Village, and furnish all such new
materials and labor as may be necessary to do so; and in the event of
the failure, refusal or delay of said workmanship or materials said Village
may do so or have same done by others, and said contractor and surety
or sureties on the bonds given for the faithful performance of the contract
shall be liable to the Village for all damages and expenses occasioned
by such failure, refusal or delay. All details of warranties shall be
included with the bid. Warranty work shall be at no additional expense
to the Village.
Manufacturer warranties and guaranties shall be submitted with the bid
and shall be considered a part of the contract where such specifications
meet the minimum bid Specifications.
F. Miscellaneous Contract Requirements
1. Contract Alterations. No amendment of a contract shall be valid
unless made in writing and signed by the Village President, Village
Manager or their authorized representative.
2. Licenses and Permits. The contractor shall procure at its own
expense all the necessary licenses and permits in connection with
the work under the contract.
3. Nonassi__ nability. The contractor shall not assign the contract, or any
part thereof, to any other person, firm or corporation without the
previous written consent of the Village. Such assignment shall not
relieve the contractor from its obligations or change the terms of the
contract unless agreed by the Village at its sole discretion.
4. Notices. All notices required by the contract shall be given in writing.
5. Taxes. The contractor shall pay all federal, state and local taxes as
may be applicable on all materials, labor and services furnished by it
under the contract, and the amounts of such taxes shall be included
in the unit prices bid.
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EXHIBIT A
(Upon award of contract, to be attached to Catch Basin and Inlet Cleaning 2020-2021 as Exhibit A)
Proposal Form
Village of Mount Prospect
CATCH BASIN AND INLET CLEANING 2020-2021
OWNER INFORMATION
Owner Name:
Address:
Business Name:
Business Address:
Home Phone:
Business Phone:
This Business is a: ❑ Individual Proprietorship
❑ Joint Venture
❑ Partnership
❑ Corporation
If applicable, give names, addresses, and dates of birth of all partners, officers or directors.
Name
Address
Has the applicant, business, or member of the business ever had a
license or contract revoked, suspended or cancelled? ❑ YES
❑ NO
If yes, explain in full detail on a separate sheet of paper.
Does the business currently hold a license or have a contract with any other municipality for
service? ❑ YES ❑ NO
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If yes, explain in full on a separate sheet of paper. Have any complaints against the business been
filed with the Illinois Commerce Commission, the Office of the Illinois Attorney General, or any
other governmental body during the period of one year prior to the date of this proposal?
❑ YES ❑ NO
If yes, explain in full on a separate sheet of paper.
Please note, the Village reserves the right to conduct its own search with the Illinois
Commerce Commission, the Illinois Attorney General, or any other governmental body, and
may take into consideration any complaints and/or pending complaints made against the
business or owner.
Services will be either full service cleaning, both inside and outside, or just outside cleaning.
In submitting this Proposal Form requesting award of the Village of Mount Prospect Catch Basin
and Inlet Cleaning Contract 2020-2021, 1 hereby certify that:
In submitting this Proposal Form requesting award of the Village of Mount Prospect Catch Basin
and Inlet Cleaning Contract 2020-2021 1 hereby certify that:
1. I will not assign or subcontract window cleaning services for the Village without prior written
approval of the Corporate Authorities of the Village of Mount Prospect;
2. Neither I, nor any person who will be working on my behalf, has been convicted under the
laws of Illinois or any other state of an offense which under the laws of this state would be a
felony involving the theft of property, violence to persons, or criminal damage to property.
Please note that in the case of a person whose last conviction was more than two years past,
and can demonstrate a compelling showing that he/she is nevertheless fit, such person or
operator may be approved by the Village Manager if otherwise eligible;
3. 1 am not barred by law from contracting with the Village because of a conviction for prior
violations of either Sections 33E-3 or 33E-4 of the Illinois Criminal Code of 1965 (720 ILCS
5/33E-3 (Bid Rigging) or 720 ILCS 5/33-4 (Bid Rotating));
4. 1 am not delinquent in payment of any taxes to the Illinois Department of Revenue pursuant
to Section 11-42.1-1 of the Illinois Municipal Code (65 ILCS 5/11-42.1-1) or in any payment,
fee or tax owed to the Village;
5. 1 provide a drug free workplace pursuant to the Drug Free Workplace Act (30 ILCS 580/1, et
6. 1 shall comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-1017 et seq.), and
the Rules and Regulations of the Illinois Department of Human Rights, including
establishment and maintenance of a sexual harassment policy as required by Section 2-105
of that Article and Act;
7. 1 shall comply with the Americans with Disabilities Act;
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8. 1 shall comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1
et seq.); and
9. All of the information I have provided in this Application has been truthful and given in
good faith.
have read and understand the information provided with this Proposal Form, including
the Notice to Bidders, Instructions to Bidder, the General Conditions, the Specifications
and the Catch Basin and Inlet Cleaning 2020-2021, and agree to abide by the conditions
set forth therein. My signature below indicates my acceptance of all such conditions and
my bid for award of the Village of Mount Prospect Catch Basin and Inlet Cleaning 2020-
2021.
Name of Company
Bid Submitted By
Position in Company
Phone No.
Date
Bidder must use the official firm name and authorized representative must sign.
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FROM:
BID FORM
(hereinafter called "Bidder")
TO: Office of the Village Manager, 3rd Floor
50 South Emerson Street
Mount Prospect, Illinois 60056
(hereinafter called "Village" or "Village of Mount Prospect")
The bidders have familiarized themselves with the services to be performed and probable
work conditions required under this Bid affecting the cost of the performance of the
required services and with the Bid Documents which include:
Notice to Bidders
Table of Contents
Instructions for Bidders
General Conditions and Special Provisions
Specifications
Bid Form
Affidavit — Bid Certification Form
Bid Security
Bid Sheet — Cleaning Service Contract
Contract Document
Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel,
labor, materials, tools, equipment, and services (including all utility and transportation
services) required to perform the required services, all in accordance with the above listed
documents.
Bidder agrees to perform all of the required services and provide the equipment and
materials described in the Bid Documents, as follows:
Bidder has bid on all items and has provided a price for all requested services. The
Bidder acknowledges it understands all the requested services for which it has submitted
a bid.
The Bidder will complete and provide all labor, equipment, materials and mobilization (if
applicable) to perform the required services as incidental to the fixed item price for each
item proposed.
In submitting this bid, the Bidder understands that the Village reserves the right to add to
or subtract from the estimated quantities.
The Village intends to award one (1) contract (if at all) for the items bid. If written notice
of award of this bid is mailed, emailed or otherwise delivered to the Bidder at any time
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before this bid is withdrawn, the Bidder agrees to execute and deliver the contract in the
prescribed form and furnish payment and performance bonds, or letter of credit, and the
insurance certificates required by the Bid Documents to the Village within ten (10)
business days after receipt.
The Bidder, and as successful bidder/contractor upon award of the contract, understands
and agrees to the following:
1) The contractor agrees to provide all required services and items and material to the
Village as noted in the Bid Documents and comply with the requirements of the Bid
Documents.
2) The contractor agrees to comply with all applicable federal and state laws, rules and
regulations, and county and municipal ordinances, as described in the General
Conditions.
All Addenda pertaining to this project shall be acknowledged by the Bidder in the spaces
provided below:
Addendum
No.
Addendum -Date
Acknowledgement by Bidder or Authorized
Representative
Date
Acknowledged
Failure to acknowledge receipt, as provided above, may be considered sufficient grounds
for disqualification of the bidder and rejection of his/her bid submittal. A record of all
Addenda and copies of same will be available to all qualified bidders from the Village of
Mount Prospect Public Works Department, 1700 West Central Road, Mount Prospect,
Illinois two (2) days prior to the letting. It shall be the Bidder's responsibility to become
fully advised of all Addenda prior to submitting its bid.
Upon award of the contract, the Village will send Notice of Award to the successful Bidder,
the Bidder must then execute the contract and provide the required bonds or letter of
credit and certificate of insurance to the Village within ten (10) business days. The Village
will then issue a written Notice to Proceed. Failure to complete the work in the designated
time frame may result in the Director of Public Works withholding compensation due the
contractor for failure to complete the said work in the designated time frame, calling the
bonds, or taking such other action as may be available.
Security in the sum of ten (10%) percent of the amount bid in form of (check one):
Bid Bond Certified Check Bank Cashier's Check
is attached hereto in accordance with the "Instructions for Bidders' .
This Bid Submittal contains the following:
1) Bid Form
2) Affidavit — Bid Certification Form
3) Bid Security
4) BID SHEET(S) — Catch Basin and Inlet Cleaning 2020-2021
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Respectfully submitted:
Name of Firm/Bidder:
By: _
Title:
Date:
Contact Information:
Official Address:
Telephone:
Email:
(Signature)
ONE (1) SIGNED COPY OF THIS BID FORM AND BID SHEETS (Pages 22-29) ALONG WITH THE
AFFIDAVIT — BID CERTIFCATION FORM, AND BID SECURITY SHALL BE SUBMITTED IN A SEALED
MARKED ENVELOPE.
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AFFIDAVIT - BID CERTIFICATION FORM
Bidder:
Company/Firm Name:
Address:
As a condition of entering into a contract with the Village of Mount Prospect, and under
oath and penalty of perjury and possible termination of contract rights and debarment, the
undersigned, being first duly sworn on oath, deposes
and states that he or she is (sole owner,
partner, joint ventured, President, Secretary, etc.) of
and has the authority to make all
(Name of Company)
certifications required by this affidavit.
Section I Non -Collusion
The undersigned certifies that this bid is genuine and not collusive or a sham, that said
bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any
bidder or person, to put in a sham bid or to refrain from bidding, and has not in any
manner, directly or indirectly, sought by agreement or collusion, or communication or
conference with any person, to fix the bid price element of this bid, or of that of any other
bidder, or to secure any advantage against any other bidder or any person interested in
the proposed contract.
Section II Bid Rigging and Rotating
The undersigned further states that
(Name of Company)
is not barred from bidding or contracting as a result of a conviction for violations of state
laws prohibiting bid rigging or bid rotating or any similar offense of any state of the United
States, as provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code, 720 ILCS
5/33E-3) 33E-4.
Section III Drug Free Workplace
The undersigned further states that
(Name of Company)
provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 ILCS 580/17
et seq., and has, to the extent not covered by a collective bargaining agreement that deals
with the subject of the Substance Abuse Prevention in Public Works Projects Act, 820
ILCS 265/1 et seq., a substance abuse prevention program that meets or exceeds these
requirements of that Act.
Section IV Tax Payment
The undersigned further states that
(Name of Company)
CATCH BASIN AND INLET CLEANING 2020-2021
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not delinquent in payment of any taxes to the Illinois Department of Revenue, in
accordance with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned
understands that making a false statement regarding delinquency in taxes is a Class A
Misdemeanor and, in addition, voids the contract and allows the municipality to recover
all amounts paid to the individual or entity under the contract in civil action.
Section V Sexual Harassment Policy
Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A),
every party to a public contract must:
"Have written sexual harassment policies that shall include, at a minimum, the following
information: (1) the illegality of sexual harassment; (11) the definition of sexual harassment
under State law; (III) a description of sexual harassment, utilizing examples; (IV) the
vendor's internal complaint process including penalties; (V) the legal recourse,
investigative and complaint process available through the Department (of Human Rights)
and the Commission (Human Rights Commission); (VI) directions on how to contact the
Department and Commission; and (VII) protection against retaliation as provided by
Section 6-101 of the Act. (Illinois Human Rights Act)."
A "public contract" includes: ...every contract to which the State, any of its political
subdivisions or any municipal corporation is a party." 775 ILCS 5/1-103 (M) (2002),
The undersigned further states that
has
(Name of Company)
a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105 (A)
(4).
It is expressly understood the foregoing statements and representations and promises
are made as a condition to the right of the bidder to receive payment under any award
made under the terms and provisions of this bid.
The undersigned certifies that all information contained in this Affidavit is true and correct.
Signed by:
Signature
Name Printed:
Title:
Signed and sworn to before me this day of , 2020.
My commission expires:
Notary Public
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BID SECURITY
Included with this bid is a bank cashier's check, certified check or bid bond in the amount
of , being ten percent (10%) of the total amount bid by
the bidder, in favor of the Village of Mount Prospect. It is
hereby agreed that, should bidder be awarded the contract for services contemplated
under this bid and fail or refuse to execute a contract for the performance of said services,
or to provide the required payment and performance bonds, or letter of credit, and
certificate of insurance, then this security, in the amount stipulated above, shall be
forfeited and may be retained by the Village of Mount Prospect as liquidated damages
and not as a penalty. All bids to remain firm for a period of ninety (90) days after bid
opening date.
SUBMITTED THIS DAY OF , 2020.
SEAL (if corporation)
Bidder:
Bidder's Agent and Agent's Title
Title
Note: If bidder is a partnership, the bid must be signed by at least two of the partners.
Note: If bidder is a corporation, the bid must be signed by an authorized officer of the
corporation, attested and sealed by the secretary or other authorized officer.
If a corporation, note here the state of incorporation:
Incorporated under the laws of the State of
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BID SHEET
The undersigned herewith submits a bid on Catch Basin and Inlet Cleaning 2020-2021 in
accordance with the attached documents. All bids are to be delivered to the office of the Village
Manager at 50 South Emerson Street 3rd Floor, Mount Prospect, Illinois, 60056, prior to 1:00p.m.
on August 10, 2020.
2020 SCHEDULE OF PRICES
We will perform the services as outlined Catch Basin and Inlet Cleaning for sums
as follows:
Inlets
Catch Basins
Est. Quantity
250
250
2020 Total: $
Unit Price Ext. Cost
2021 SCHEDULE OF PRICES
S
S
We will perform the services as outlined Catch Basin and Inlet Cleaning for sums
as follows:
Est. Quantity
Inlets 250 $
Catch Basins 250 $
Unit Price Ext. Cost
2021 Total: $
S
S
TOTAL CATCH BASIN AND INLET CLEANING FOR 2020 & 2021
2020 Total $
2021 Total $
Combined Total $
Submitted this day of , 2020.
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Mark outside of envelope: "CATCH BASIN AND INLET CLEANING 2020-2021," and
deliver to the Village Manager's office at 50 South Emerson Street 3rd Floor, Mount
Prospect, Illinois, 60056, by 1:00 p.m., Monday, August 10, 2020.
Date submitted:
Name of Company/Firm
Address of Company/Firm
Phone:
, 2020
Also note any exceptions to the specifications.
COMPANY
OWNER
ADDRESS CITY, STATE, ZIP PHONE #
SIGNATURE
DATE
, 2020
Note: All bids to remain firm for thirty (90) days. Be sure to mark the outside of
the envelope, "Sealed Bid for CATCH BASIN AND INLET CLEANING 2020-2021."
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EXHIBIT B
VILLAGE OF MOUNT PROSPECT
CATCH BASIN AND INLET CLEANING 2020-2021
THIS AGREEMENT (hereinafter the "Contract") is entered into by and between the
Village of Mount Prospect, an Illinois home rule municipality (hereinafter the "Village"),
and , an located at
Illinois, (hereinafter the "Contractor").
1. GENERAL As stated in the bid document.
2. SPECIFICATIONS As stated in the bid document.
3. CONTRACTOR RESPONSIBILITY FOR PROPERTY/HOLD HARMLESS
Contractor agrees to defend and hold harmless the Village from and against all
demands, claims, suits, costs, expenses, damages and adjustments based upon
any infringement of any patent relating to goods specified in the contract, and on
account of the Village's use of any copyrighted or uncopyrighted, composition,
trade secrets, secret process, proprietary rights, patented of unpatented invention,
article or appliance furnished or used under the proposal Specifications.
4. ADHERENCE TO LAWS
Employees and agents of Contractor shall obey all federal, state, county and
municipal laws and ordinances during the execution of their duties under this
Contract. The existence of this Contract does not exempt such individuals from
compliance with such laws or ordinances, nor does it convey any special rights or
privileges upon those individuals.
Contractor shall meet all applicable licensing requirements of the Village.
In addition, Contractor is required to comply with all federal, state, county and
municipal laws and ordinances, including the following:
a. Provide a drug free workplace pursuant to the Illinois Drug Free Workplace
Act (30 1 LCS 580/1, et seq.);
b. Comply with the Illinois Public Works Employment Discrimination Act (775
1 LCS 10/1 et seq.);
C. Comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et
seq.), and the Rules and Regulations of the Illinois Department of Human
Rights, including establishment and maintenance of a sexual harassment
policy as required by Section 2-105 of that Article and Act;
d. Comply with the Americans with Disabilities Act; and
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e. Comply with the provisions of the EQUAL EMPLOYMENT OPPORTUNITY
CLAUSE required by the Illinois Department of Human Rights as a material
term of all public contracts, which states as follows:
Title 44, Part 750, Section 750, APPENDIX A, Illinois Administrative Code,
Equal Employment Opportunity Clause
EQUAL EMPLOYMENT OPPORTUNITY
In the event of contractor's non-compliance with the provisions of this Equal
Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and
Regulations of the Illinois Department of Human Rights ("Department"), contractor
may be declared ineligible for future contracts or subcontracts with the State of
Illinois or any of its political subdivisions or municipal corporations, and the contract
may be cancelled or voided in whole or in part, and such other sanctions or
penalties may be imposed or remedies invoked as provided by statute or
regulation. During the performance of this contract, the contractor agrees as
follows:
1) That it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, marital status, national origin or
ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable
discharge from military service; and further that it will examine all job classifications
to determine if minority persons or women are underutilized and will take
appropriate affirmative action to rectify any such underutilization.
2) That, if it hires additional employees in order to perform this contract or any
portion thereof, it will determine the availability (in accordance with the
Department's Rules) of minorities and women in the area(s) from which it may
reasonably recruit and it will hire for each job classification for which employees
are hired in such a way that minorities and women are not underutilized.
3) That, in all solicitations or advertisements for employees placed by it or on
its behalf, it will state that all applicants will be afforded equal opportunity without
discrimination because of race, color, religion, sex, marital status, national origin
or ancestry, age, physical or mental handicap unrelated to ability, or an
unfavorable discharge from military service.
4) That it will send to each labor organization or representative of workers
with which it has or is bound by a collective bargaining or other agreement or
understanding, a notice advising such labor organization or representative of the
contractor's obligations under the Illinois Human Rights Act and the Department's
Rules. If any such labor organization or representative fails or refuses to
cooperate with the contractor in its efforts to comply with such Act and Rules, the
contractor will promptly so notify the Department and the contracting agency and
will recruit employees from other sources when necessary to fulfill its obligations
thereunder.
5) That it will submit reports as required by the Department's Rules, furnish
all relevant information as may from time to time be requested by the Department
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or the contracting agency, and in all respects comply with the Illinois Human Rights
Act and the Department's Rules.
6) That it will permit access to all relevant books, records, accounts and work
sites by personnel of the contracting agency and the Department for purposes of
investigation to ascertain compliance with the Illinois Human Rights Act and the
Department's Rules.
7) That it will include verbatim or by reference the provisions of this clause in
every subcontract it awards under which any portion of the contract obligations are
undertaken or assumed, so that such provisions will be binding upon such
subcontractor. In the same manner as with other provisions of this contract, the
contractor will be liable for compliance with applicable provisions of this clause by
such subcontractors; and further it will promptly notify the contracting agency and
the Department in the event any subcontractor fails or refuses to comply
therewith. In addition, the contractor will not utilize any subcontractor declared by
the Illinois Human Rights Commission to be ineligible for contracts or subcontracts
with the State of Illinois or any of its political subdivisions or municipal corporations.
With respect to the two types of subcontracts referred to under paragraph 7 of the
Equal Employment Opportunity Clause above, following is an excerpt of Section
750.30 of the Department of Human Right's Rules and Regulations for Public
Contracts:
Title 44, Part 750, Section 750.30, Illinois Administrative Code, Subcontracts
Each public contractor and subcontractor shall in turn include the Equal
Employment Opportunity Clause set forth in Appendix A of this Part in each of its
subcontracts under which any portion of the contract obligations are undertaken or
assumed, said inclusion to be either verbatim or by reference so that the provisions
of the clause will be binding upon such subcontractors.
5. FEE SCHEDULE
The charges to be assessed by Contractor under this Contract are set forth in the
fee schedule contained in Exhibit A.
6. LOG BOOK, RECORDS & REPORTS REQUIRED
The Contractor shall provide the Village with a written status report on its provision
of services required by the Contract. This report shall be due before the tenth day
of the following month.
7. METHODS OF PAYMENT
Payment under the Contract will be made in accordance with the Illinois Local
Government Prompt Payment Act, 50 ILCS 505/1 et seq.
8. HOLD HARMLESS AGREEMENT (CONTRACTUAL LIABILITY)
Contractor assumes full responsibility for the acts and omissions of its employees
and agents while engaged in performing services under the Contract. Contractor
agrees, to the greatest extent permitted by Illinois law, to protect, indemnify, save
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and hold forever harmless the Village, its officers, appointed and elected officials,
Mayor and Board of Trustees, employees, volunteers, attorneys and agents from
and against any and all liabilities, obligations, claims, losses, damages, penalties,
and costs and expenses resulting from any suit, claim, demand, judgment, or
cause of action initiated by any person, including Contractor and its officers,
officials, employees, subcontractors, volunteers and agents, arising out of,
connected with, or in any way associated with the performance of services covered
by this Contract or the equipment used in connection therewith.
9. CONTRACTOR'S LIABILITY INSURANCE
Contractor shall not commence with the performance of services under this
Contract until it has obtained all insurance required hereunder and such insurance
has been approved by the Village. Certificates of such insurance shall be filed with
the Village prior to commencing work. Additionally, Contractor will provide the
Village with a letter from the insurance carrier that the Village will be notified within
thirty (30) days of the pending cancellation of any policy relating to this Contract.
Each insurance company shall be subject to approval by the Village, and the
respective policies shall name the Village as an additional named insured.
Approval of the insurance by the Village shall not relieve or decrease the liability
of Contractor hereunder. Such insurance is primary and in no event will be
considered contributory to any insurance purchased by the Village. Such
insurance will not be canceled, reduced, or materially changed without providing
the Village thirty (30) days advance written notice, via certified mail.
Contractor shall maintain all insurance required under subsections a through e of
this Section for not less than one (1) year after completion of this contract.
10. CONTRACT TERMINATION
The Village and Contractor reserve the right to terminate the Contract at any time
upon ten (10) days advance written notice to the other party. In addition to the
provisions set forth in Section General conditions (A,6) for immediate termination,
failure of Contractor to perform any aspect of this Contract properly and/or to
provide proper treatment to the general public, in the sole discretion of the Vilage,
is cause for immediate termination of the Contract without prior notice.
11. LENGTH OF CONTRACT
After the written Notice to Proceed is issued by the Village, which will start the
performance period, the Contractor then has 10 days to commence work. This
Contract shall be in effect beginning August 19, 2020, and shall remain in effect
until December 31, 2021, unless terminated by either party under the conditions
specified in Section 10, Contract Termination. Upon satisfactory completion of the
initial two (2) year term of the contract the Contract may be extended for up to one
(1) additional year beyond the termination date by mutual, written agreement
between the Village and the Contractor. The Contractor must agree to hold their
prices at the same rate as the previous year. The Village reserves the right to re-
bid the contract at the end of any contract period.
12. COMPLIANCE WITH FREEDOM OF INFORMATION ACT REQUEST
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The Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1 et seq., applies to
public records in the possession of a party with whom the Village has contracted.
The Village will have only a very short period of time from receipt of a FOIA request
to comply with the request, and there is a significant amount of work required to
process a request including collating and reviewing the information.
Contractor acknowledges the requirements of FOIA and agrees to comply with all
requests made by the Village for public records (as that term is defined by Section
2(c) of FOIA) in its possession and to provide the requested public records to the
Village within two (2) business days of the request being made by the Village.
Contractor agrees to indemnify and hold harmless the Village from all claims,
costs, penalty, losses and injuries (including but not limited to, attorney's fees,
other professional fees, court costs and/or arbitration or other dispute resolution
costs) arising out of or relating to its failure to provide the public records to the
Village under this Contract.
13. Contractor shall not assign this Contract or any part thereof without the prior written
consent of the Village. Approval, if any, for such assignment shall be made by the
Corporate Authorities of the Village. This Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective assigns, legal
representatives and successors in interest.
14. GOVERNING LAW
This Contract shall be governed by and construed in accordance with the laws of
the State of Illinois and applicable federal law. Venue shall only be proper in a
court of competent jurisdiction located within the County of Cook, Illinois.
15. SEVERABILITY
The invalidity or unenforceability of one or more of the terms or provisions
contained in this Contract shall not affect the validity or enforceability of the
remaining terms and provisions of this Contract so long as the material purposes
of this contract can be determined and effectuated.
16. INTERPRETATION
Any headings of the Contract are for convenience of reference only and do not
define or limit the provisions thereof. Words of gender shall be deemed and
construed to include correlative words of other genders. Words importing the
singular shall include the plural and vice versa, unless the context shall otherwise
indicate. All references to any person or entity shall be deemed to include any
person or entity succeeding to the rights, duties and obligations of such person or
entity succeeding to the rights, duties and obligations of such person or entity in
accordance with the terms and conditions of the Contract.
17. WAIVER OF BREACH
If either party waives a breach of any provision of this Contract by the other party,
that waiver will not operate or be construed as a waiver of any subsequent breach
by either party or prevent either party from enforcing such provisions.
18. MERGER - AMENDMENT
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This Contract sets forth the entire understanding of the parties relative to the
subject hereof and supersedes any and all prior agreements, express or implied,
oral or written. No amendment or modification of this Contract shall be effective
unless reduced to writing and executed by the parties.
19. COUNTERPARTS
This Contract may be executed in several counterparts each of which shall be an
original and all of which shall constitute but one and the same instrument.
20. EFFECTIVE DATE
The Effective Date of this Contract shall be the date executed by the Village
President, and attested by the Village Clerk.
In Witness thereof, the said parties have executed and signed this contract
on
, 2020.
VILLAGE OF MOUNT PROSPECT, an
Illinois Municipal Corporation
Attest:
Karen Agoranos, Village Clerk
Corporate Name:
:y,6
Its
Attest:
Secretary
(Corporate Seal)
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PERFORMANCE BOND
Principal Amount:
Contract:
KNOWN ALL MEN BY THESE PRESENTS, that Contractor
.as
Principal (hereinafter "Contractor"), and , with main
office at
state of
, a corporation of the
,as Surety (hereinafter "Surety"), are held and firmly bound unto the
Village of Mount Prospect, an Illinois municipal corporation (hereinafter "Village"), in the penal
sum of
Dollars ($ ), lawful money of the
United States, for the payment of which, we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has entered into a written agreement with the Village dated
(hereinafter "Contract"), for the construction of
in accordance with the drawings and specifications prepared by:
(Village of Mount Prospect or architect/engineer), which Contract is incorporated herein and made
a part hereof.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor
shall fully, promptly and completely discharge the Contract and all duly authorized modifications,
alterations, changes, or additions to said Contract as may hereafter be made, and during the life
of any guaranty required under the Contract, and, if Contractor shall fully secure and protect the
Village from all liability and from all loss or expense of any kind, including all court costs and
attorneys' fees made necessary or arising from the failure, refusal or neglect of Contractor to
comply with all obligations assumed by Contractor in connection with the performance of the
Contract and all such modifications, alterations, changes, or additions, then this obligation shall
be null and void; otherwise it shall remain in full force and effect.
Upon receipt of written notice from the Village that the Contractor is in default, and
performance by the Village of its obligations under the Contract, Surety will promptly (1) remedy
the default; (2) arrange for the performance of Contractor's obligations under the Contract through
the use of qualified contractors acceptable to the Village; or (3) notify the Village that it may hire
a contractor to complete Contractor's obligations under the Contract. Surety will promptly notify,
in writing, the Village of which option it is exercising. Failure of the Surety to elect an option within
fifteen (15) days of receipt of the notice from the Village shall constitute authorization to the Village
to complete the improvements at Surety's expense.
The balance of the contract price shall be credited against the cost of completing and/or
correcting the Contractor's performance under the Contract. If the cost exceeds the balance of
the contract price, the Surety shall pay the excess amount to the Village, up to a maximum of the
principal amount of this Bond. If the Surety arranges for completion and/or correction or remedies
the default, the balance of the contract price that is required to complete, correct or remedy the
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default shall be paid by the Village to Surety. Surety will be responsible, up to the maximum of
the principal amount of this Bond, for payment for correction and completion of the Contract, any
additional legal, design professional or delay costs arising from Contractor's default and/or
resulting from action or inaction on the part of the Surety and liquidated damages, or, if no
liquidated damages are provided for in the Contract, actual damages caused by delayed
performance or non-performance by the Contractor or Surety. The Village shall not be required
to pay Surety more than the balance of the contract price.
The term "balance of the contract price" means the total amount payable by the Village to
the Contractor under the contract, and any amendments thereto, less the amounts paid to the
Contractor by the Village.
Any suit under this Bond must be filed before the expiration of two years from the date on
which final payment under the Contract is due or the applicable statute of limitations, whichever
is longer. No right of action shall accrue on this Bond to or for the use of any person or corporation
other than the Village or its heirs, executors, administrators or successors. Any proceeding, legal
or equitable, under this Bond may be instituted in a court of competent jurisdiction in the location
in which the work is located. Notice to any of the parties shall be mailed to the appropriate address
listed above.
Surety hereby waives notice of any modifications, alterations, changes, additions or
extension of time in the Contract.
Signed and sealed this day of
Contractor
By:
Signature
Title
ATTEST:
Corporate Secretary (corporations only)
STATE OF
COUNTY OF
)2020.
Surety
By:
Officer Of The Surety
Title
Address:
Ll rel IM a- /
I, , a Notary Public in and for said county, do hereby
certify that
(Insert Name of Attorney -In -Fact for Surety)
who is personally known to me to be the same person whose name is subscribed to the foregoing
instrument on behalf of Surety, appeared before me this day in person and acknowledge
respectively that he/she signed, sealed, and delivered said instrument as his/her free and
voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal this
Notary Signature:
CATCH BASIN AND INLET CLEANING 2020-2021
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My Commission expires:
.2020.
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