HomeMy WebLinkAbout05/18/2021 Motion to accept bid Public Works Facility Main Garage Interior Painting Services in an amount not to exceed $42,570.tem Cover Page
Su bject Motion to accept d Public Works Facility Main Garage
Interior Painting Services in an amount /. /.
exceed
$421570M
Meeting
Fiscal Impact
Dollar Amount
Budget source
Category
Type
Information
May 18, 2021 - REGULAR MEETING OF THE MOUNT
PROSPECT VILLAGE BOARD --
true
$42,570.00
Capital Improvements Fund
1-4
Consent
The Village's building maintenance program is structured such that all facilities are
assessed t0 determine proper intervals for maintenance related projects. Proper
maintenance is critical for ensuring optimal functionality, longevity of service, and
an attractive appearance for all users.
The Public Works Facility main garage is in a condition that warrants the re-
painting 0f all interior walls and related pipes, hangers, railings, etc. The scope 0f
work will include re -coating approximately 22,000 square feet of wall surfaces. All
0f the interior walls will be cleaned and re -coated with two (2) coats 0f epoxy
paint.
The existing paint coating on the main garage interior was originally installed
when the building was constructed in 1988. This is the first re -coating 0f the main
garage interior.
The following four (4) bids were publicly opened 0n May 3rd at 1:00 P.M., at
Village Hall, 50 south Emerson Mount Prospect, Illinois 60056:
1
Bidder Name Total Contract Price
BP &T Co. $38,700
Knox Construction $44,f965
GP Maintenance Services, Inc $50,,800
Yad Construction $65,000
The lowest -cost competent bidder was BP&T Company of Mount Prospect, Illinois
(BP&T). Staff performed a rigorous vetting of all references and as such, staff is
confident the firm can successfully complete this project at the cost indicated. In
addition, BP&T has performed several similar painting jobs for the Village in the
past including hydrant painting, streetlight painting, and re -painting of the
Emerson Street Parking Deck.
Staff recommends including a 10% contingency in the project award to
accommodate quantity variances and minor changes in scope due to field
conditions. A 10% contingency would increase the project award to $42,,570.
Alternatives
1. Accept lowest -cost, responsive bid for Public Works Main Garage Interior
Painting services.
2. Action at the discretion of the Village Board.
Staff Recommendation
Staff recommends that the Village Board accept the lowest cost, responsive bid submitted
by BP&T Company of Mount Prospect, Illinois for the Public Works Facility Main Garage
Interior Painting Services project in an amount not to exceed $42,570.
ATTACHMENTS:
BP&T bid results. pdf
K:
EXHIBIT A
(Upon award of contract, to be attached to Public Works Main Garage Painting Project as Exhibit A)
Proposal Form
Vfllag2 of Mount Pro ect
ow mmmmm III,
"Public Works fain Garaue Painting,`Prole%.t
OWNER INFORMATION
Owner Name: n4;
Address: 0
Business Name:
Business Address
Home Phone: ffJp 9 -c9J6 Business Phone: ?,)9
This Business is a: D individual Proprietorship
F-1 ,,point 'denture
❑ Partnership
Corporation
If applicable, give names, addresses, and dates of birth of all partners, officers or directors.
Name Address
-Sara'x
gyp' /
tot Z-ki
Z7. 00
PUBLIC WORKS MAIN GARAGE PAINTING
24
Has the applicant, business, or member of the business ever had a
license or contract revoked, suspended or cancelled? ❑ YES 5TNO
If yes, explain in full detail on a separate sheet of paper.
Does the business currently olp a license or have a contract with any other municipality for
ES ❑ N� - c4r
service . �� fi f� cr
rzvk per"Adak an a -the, (44114c, 11 l.
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 gove nmental body during the period of one year prior to the date of this proposal? ❑
YES M 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 for the Public
Works Main Garage Painting Project , I hereby certify that:
1 w 1 will not assign or subcontract Painting or Preparation Services for the Village without prior
written approval of the Corporate Authorities of the Village of Mount Prospect;
2Neither 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 ILLS
5133E-3 (Bid Rigging) or 720 ILLS 51334 (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 5111-42.1-1 ) 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 58011, et
6. 1 shall comply with Article 2 of the Illinois Human Rights Act (775 ILCS 512-101, etsect.,), and
the Rules and Regulations of the Illinois Department of Human Rights, including
PUBLIC WORKS MAIN GARAGE PAINTING
25
4
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;
8. 1 shall comply with the Illinois Public works Employment Discrimination Act (775 ILLS 1011
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 Public Works Main Garage Painting Project , 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 Public Works Main Garage Painting
Project.
Name of company, 13 r t'°` 0-4*
Bid Submitted ByeI ... ............... ................ ... ....................... r A.::�Qvzt- -
Position in Company Free, Jen,F
Phone No. ffq�� X219-09Xt Date s13%
Bidder must use the official firm name and authorized representative must sign.
PUBLIC WORKS MAIN GARAGE PAINTING
2s
�4i
BID FORM
"Public Works Main Garage Painting Project ", Village of Mount Prospect
Department of Public Works
FROM: rgi t Qos fru V. 1 -.fan
(hereinafter called "Bidder")
TO: Office of the Village Manager, 3rd Floor
50 South Emerson Street
Mount Prospect, Illinois 60055
(hereinafter called "Village" or "Village of Mount Prospect")
Public Works Main Garage Painting Project
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.
PUBLIC WORKS MAIN GARAGE PAINTING
27
r�
u
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
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:
...... --11 - - - - - - - - ___-.......... .. .. . ....................
Addendum Addend um m Date Acknowledgement by Bidder or Authorized Date
Representative Acknowledged
...................... . ..... . ........... .................... . . . ...... ; . . . . ......... ........ ............. ............. ....... . . .......... _J
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 Vilest 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. Cashiers Check
is attached hereto in accordance with the "Instructions for Bidders".
PUBLIC WORKS MAIN GARAGE PAINTING
28
This Bid Submittal contains the following:
1) Bid Form
2) Affidavit — Bid Certification Form
3} Bid Security
4) BID SHEET(S) — "Public Works Main Garage Painting Project "
Respectfully submitted:
Name ofFirm/Bidder � P �7` o - �~tioo
By:
... .......
p (Signature)
Title: 1 �'es r�cn"�"
Date: s /�
Contact Information:
Official Address: zoo -?
44.
w er" (11 --Xy 22 -.."Ke -2 / c"`y.
Telephone: r 0
Email.MAN�gA2.� 1fi 0
ONE (1) SIGNED COPY OF THIS BID FORM AND BID SHEETS (Pages 27-36) ALONG WITH THE
AFFIDAVIT — BID CERTIFCATION FORM, AND BID SECURITY SHALL BE SUBMITTED IN A SEALED
MARKED ENVELOPE.
PUBLIC WORKS MAIN GARAGE PAINTING
29
AFFIDAVIT — BID CERTIFICATION FORM
Bidder:
Company/Firm Name:
Address: 1mooC� r�e_lrlr'r X)i t "
As a condition of entering into a contract with the Village of Mount Prospect, and under
oath and penalty of per"ury and: possible termination of contract rights and debarment, the
undersigned, being first duly sworn on oath, deposes
and states that he or she is ............ ..... ...... Pr Je-nf- (sole owner,
partner, joint -A-A. --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.
;iiection I I Bid R
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
5133E-31 33E-4.
Section III Ptug-Free `o k Lac!q
The undersigned further states that (t-7— �r�s r ►
(Name of Company)
provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 ILCS 58011,
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 28511 et seq., a substance abuse prevention program that meets or exceeds these
requirements of that Act.
Section IW Tax �aent
The undersigned further states that �i� �`�� ������ is
(Name of Company)
PUBLIC WORKS MAIN GARAGE PAINTING
30
9
not delinquent in payment of any taxes to the Illinois Department of Revenue, in
accordance with Illinois compiled Statues, 65 ILCS 5111-42.1. 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 Polio
Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 512-105 (A),
every party to a public contract must:
"Have written sexual harassment policies that shall include, at a minimum, the following
information: (I) 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). It
A "public contract" includes: ...every contract to which the State, any of its political
subdivisions or any municipal corporation is a party.' 775 ILCS 511-103 (M) (2002),
The undersigned further states that 7^ 4;ho&A 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: C40.4'r
Title: d..,y
Signature
Name Printed
mill
Signed and orn to before me this, day of 1,J 2021.
Nl
&omm��tI on expires:
�� �iy�.m+pwd+��mm �:SF�'�i.d'��,rD��4r%.���;,:f?iyy��.ar,;;r���S�r(�''<:,r�'�,��r�rfrrh'�'r•.:,�.�y.�.•,;��::,.r+.<'",,''ss»v•�::lrym�'�,9�"hhir���fsls°`'rs.:/";.; "r"il:rfv�y,
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L"IcNo ary,����.,,.v..x� I/�� �, r � � �L� I `I �I„ a.! . �•'[' ' .'f 0.,',i'
�Lj
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01
r ti
PUBLIC WORKS MAIN GARAGE PAINTING
31
10
BID SECURITY
Included with this bid is a bank cashier's check, certified check or bid bond in the amount
of 102, 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 � 20210
SEAL (if corporation)
Bidder:
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 A not--s-
PUBLIC
orms
PUBLIC WORKS MAIN GARAGE PAINTING
32
11
BID SHEET
PUBLIC WORKS FAIN GARAGE PAINTING PROJECT
The undersigned herewith submits a bid on Public Works Main Garage Painting Project
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 Monday, May 3rd 2021.
SCHEDULE of PRICES
We will perform the services as outlined PUBLIC WORKS MAIN GARAGE for sums
as follows:
We will perform the service as outlined on the Task Schedule sheets for sums as
follows:
Total: Public Works Iain Garage Painting Project
Contract Price $ � 900. vo .............
Submitted this rJY
da of 14i2021=
Mark outside of envelope: " Public Works Main Garage Painting Project " 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, May 3rd 2021.
... .. .. .. . .... ................. I ,, e e 7 -
Name of Company/Firm
0 0 �A .......... 141.411Y ........... Z,
Address of opany/Firm
By: cam`
Phone:
Date submitted: � u, � .2021
PUBLIC WORDS MAIN GARAGE PAINTING
33
i YA
Also note any exceptions to the specifications.
!!1!1!wA1P14e
COMPANY j? P 1`7- eooS`f1"uGliow OWNER S��otx CAO;
Note: All bids to remain firm for thirty (90) days. Be sure to mark the outside of
the envelope, "Sealed Bid for Public Works Main Garage Painting Project
PUBLIC WORKS MAIN GARAGE PAINTING
34
13
EXHIBIT B
VILLAGE OF MOUNT PROSPECT
. . .... .......... =mum
THIS AGREEMENT (hereinafter the "Contract") is entered into by and between the
Village of Mount Prospect, an Illinois home rule municipality (hereinafter the "Village"),
andoos*M�o an CD 07
� , located at
u , 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 I LCS 58011, et seq.);
b. Comply with the Illinois Public Works Employment Discrimination Act (775
1 LCS 1011 et seq. );
C. Comply with Article 2 of the Illinois Human Rights Act (775 ILLS 512-1013 et
sem.,), 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 2-145 of that Article and Act;
d. Comply with the Americans with Disabilities Act; and
PUBLIC WORKS MAIN GARAGE PAINTING
35
14
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, sec, 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.
PUBLIC WORKS MAIN GARAGE PAINTING
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15
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
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 ", 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.
6W. LOG BOOS RECORDS REPORTS RE UIRED
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 ILLS 50511 et seq.
PUBLIC WORKS MAIN GARAGE PAINTING
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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
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 (ag) days advance written notice, via certified mail.
Contractor shall maintain all insurance required under subsections a through h 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 W LENGTH OF CONTRACT
This Contract shall be in effect once board approved, and shall remain in effect
until August 30, 2021, unless terminated by either party under the conditions
specified in Section 10, Contract Termination.
12. COMPLIANCE WITH FREEDOM OF INFORMATION ACTREQUEST
The Illinois Freedom of Information Act (FOIA), 5 ILCS 14011 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
PUBLIC WORKS MAIN GARAGE PAINTING
38
17
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.
15. 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
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,
PUBLIC WORKS MAIN GARAGE PAINTING
39
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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 Mayor,
and attested by the Village Clerk.
In Witness thereof, the said parties have executed and signed this contract
on ,12021.
BY:
Attest:
Daren Agoranos, Village
Clerk
VILLAGE OF MOUNT PROSPECT, an
Illinois Municipal Corporation
Corporate Name:
BY: r
Its Z"e LAnt
Attest:
fM'
Corporate Seal)
PUBLIC WORKS MAIN GARAGE PAINTING
40
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BP&T Construction
Re: References
May 3, 2021
-College of DuPage
Expansion Joint Replacement and concrete Sealer on the exterior of the RE Building
Value $174,000.00
Contact Don Inman
(630) 701-4874
-Village of Mount Prospect
Street Light Pole Painting 2018, 2013, 2020
Value $127,000.00
Contact Michael Schuster
(847) 875-0871
-City of Evanstan
Interior Library Painting
Value $70,000.00
Contact John Devaney
(847) 883-8811
Regards,
Sarah Choi
B P&T construction
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