HomeMy WebLinkAbout04/05/2017 Sewer Catch Basin and Inlet Cleaning5/1/2017 BoardDocsO Pro
Agenda Item Details
Meeting
Apr 05, 2017 - REGULAR MEETING OF THE VILLAGE BOARD - 7:00 p.m.
Category
5. CONSENT AGENDA
Subject
5.3 Motion to accept bid for sewer catch basin and inlet cleaning services in an amount not to
exceed $38,750.
Access
Public
Type
Action (Consent)
Preferred Date
Apr 05, 2017
Absolute Date
Apr 05, 2017
Fiscal Impact
Yes
Dollar Amount
38,750.00
Budgeted
Yes
Budget Source
General Fund
Recommended Accept the lowest cost bid for a two (2) year (2017-2018) Catch Basin and Inlet Cleaning Contract
Action as submitted by United Septic, Incorporated in a not to exceed annual amount of $38,750. Staff
also requests authority to extend the contract by one (1) year (2019) if performance is
satisfactory and the contractor agrees to maintain pricing.
Public Content
Information
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 and convey it to storm sewer mains or combined sewer mains.
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 2014 as a two-year contract with a one-year extension. This annual program helps
minimize the potential for sewer flow restrictions caused by clogged sewer structures. This program also provides an
opportunity to assess the structural integrity of inlets and catch basins on a scheduled basis. This year's target area is
South of Euclid/West of Wolf and from Rand to the West, Rt. 83 to the East and Camp McDonald to the North (see
attached map). The bid prices were based on estimated quantities of 250 sewer catch basins and 250 inlets to be
cleaned.
In exploring different opportunities to accomplish this task, staff looked to utilize the Municipal Partnering Initiative (MPI).
MPI currently does not have an active contract for catch basin and inlet cleaning. A contract for catch basin and inlet
cleaning was discussed at the annual MPI meeting in December 2016, but did not garner enough support to justify a joint
bid.
As such, staff elected to seek competitive bids via an in-house letting.
The bid award is for a two (2) year (2017-2018) catch basin and inlet cleaning contract. The bid also includes an option
to extend the contract one additional year (2019) if both parties agree. Detailed bid specifications were prepared by staff .
Public notice was placed in a local paper and posted on the Onvia DemandStar public bidding website.
The following five (5) bids were received and publicly opened on March 13, 2017 at 1:00 p.m., at the Village Hall, 50
South Emerson Street, Mount Prospect, Illinois 60056:
Bidder Bid Price 20 liiid Price 2018 otal Bid
hftps://www.boarddocs.comAl/vom p/Board.nsf/Private?open&I ogi n#
1/2
BID SHEET
CATCH BASIN AND INLET CLEANING CONTRACT 2017-2018
The undersigned herewith submits a bid on Catch Basin and Inlet Cleaning Contract
2017-2018 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:OOp.m. on March 13, 2017.
2017 SCHEDULE OF PRICES
We will perform the services as outlined Catch Basin and Inlet Cleaning Contract
for sums as follows:
We will perform the service as outlined on the Task Schedule sheets for sums as
follows.
Inlets
Est. Quantity
250
Ext. Cost
Catch Basins 250
Total Village Catch Basin and Inlet Cleaning Contract:
$�..��M- year 2017
Submitted this f1day of . 2017.
2018 SCHEDULE OF PRICES
We will perform the services as outlined Catch Basin and Inlet Cleaning Contract
for sums as follows:
We will perform the service as outlined on the Task Schedule sheets for sums as
follows.
Est. Quantity Unit Price Ext. Cost
Inlets 250 r � W)'L
Catch Basins 250 '� � $ �� ."Co
28
Bid Request
for
Catch Basin and Inlet Cleaning Contract 2017-2018
BID OPENING: Monday, March 13, 2017 - 1:00 p.m. local time
Mount Prospect Public Works Department
1700 W. Central Road, Mount Prospect, Illinois 60056-2229
Catch Basin and Inlet Cleaning.Contract
2017-2018
Table of Contents
Section
Page
Notice to Bidders
1
Table of Contents
2
Bid Packet Information
3
Instructions to Bidders
7
Specifications
11
General Conditions
12
Proposal Form - Exhibit A
19
Bid Form
22
Affidavit— Proposal Certification Form
25
Bid Security
27
Bid Sheet
28
Contract - Exhibit B
30
Performance Bond
36
2
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 1.00p.m. on March 13, 2017. 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,
Z 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
CONTRACT 2017-2018" 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 Contract 2017-2018 (Exhibit 8).
4. AWARD OF CONTRACT TO SUCCESSFUL BIDDER
4
5. CONTRACT
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 CONTRACT 2017-2018" (Exhibit B). The
successful bidder will be required to execute the Catch Basin and Inlet Cleaning
Contract 2017-2018 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.
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.
9
Questions about this Request for Bids should be directed to:
Catch Basin and Inlet Cleaning Contract 2017-2018
Scott Moe, Superintendent
Mount Prospect Public Works Department
1700 West Central Road
Mount Prospect, Illinois 60056
Phone: 847.870.5640
Email: smoe@mountprospect.org
10
GENERAL CONDITIONS
A. Award of Contract: Performance: Payment
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 March 7,
2017 and remain in effect until December 31, 2018 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 Contract shall be substantially performed within One Hundred Eighty
(180) days after the Notice to Proceed is effective (the Substantial
Performance Date"). Substantial Performance is when the entire Project
can be used for the purposes for which it was intended, i.e., only punch list
items remain. The term of the contract is intended to run from March 7,
2017 thru November 1, 2018 with substantial performance expected to
occur between March 7, 2017 and November 1, 2017 and again March 7,
2018 thru November 1, 2018.
(b) Final completion shall be within thirty (30) days after the Substantial
Performance Date (the "Final Performance Date").
12
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.
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
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
14
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 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.
W.
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.
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 Re uairernents
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. Nonassignability. 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.
IN
EXHIBIT A
(Upon award of contract, to be
attached to Catch Basin and Inlet
Cleaning Contract 2017-2018 as
Exhibit A)
Proposal Form
Village of Mount Prospect
CATCH BASIN AND INLET CLEANING CONTRACT 2017-2018
OWNER INFORMATION
Owner Name:
Address.-
Business
ddress;
Business Name:
Business Address.-
Home
ddress:
Home Phone:
This Business is a:
Business Phone:
❑
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 E] 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
20
& 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.
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 Contract 2017-2018, 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 Contract 2017-2018.
Name of Company
Bid Submitted By
Position in Company
Phone No.
Date
Bidder must use the official firm name and authorized representative must sign.
22
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:
Addendum No.
Addendum Date
Acknowledgement by Bidder or Authorized
Representative
Date
Acknowledaed
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".
23
AFFIDAVIT — BID CERTIFICATION FORM
Bidder:
Company/Firm Name-
ame:
Address-
Address:
As
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.
SectionM Rianinci and Rotatin•
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 Druq Free Workplace
The undersigned further states that
(Name of Company)
provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 ILCS
580/1, 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 Payment
The undersigned further states that is
(Name of Company)
25
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
SEAL (if corporation)
DAY OF , 2017.
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
27
Total Village Catch Basin and Inlet Cleaning Contract:
$ year 2018
Submitted this day of , 2017.
Total Village Catch Basin and Inlet Cleaning Contract for
2017 & 2018
Mark outside of envelope: " CATCH BASIN AND INLET CLEANING CONTRACT
2017-2018," 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, March
13, 2017.
Name of Company/Firm
Address of Company/Firm
By:
Phone:
29
EXHIBIT B
VILLAGE OF MOUNT PROSPECT
CATCH BASIN AND INLET CLEANING CONTRACT 2017-2018
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 t located at
Illinois, (hereinafter the "Contractor').
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 ILCS 580/1, et seq.);
31
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
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.
33
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. The
Contractor shall achieve substantial performance within one hundred esAhty 180
consecutive calendar days each year after the Notice to Proceed has been
issued with final performance thirty 30 days thereafter. This Contract shall be in
effect beginning March 7, 2017, and shall remain in effect until December 31,
2018, 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
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.
35
Attest:
Karen Agoranos, Village Clerk
Corporate Name:
Attest:
Secretary
(Corporate Seal)
Its
37
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 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 , 2017.
Contractor
By:
Signature
Title
ATTEST:
Corporate Secretary (corporations only)
STATE OF
COUNTY OF
Surety
By: _
Title
Officer Of The Surety
Address:
NOTARY
I, a Notary Public in and for said county, do hereby
39
VILLAGE OF MOUNT PROSPECT
INLET & CATCH BASIN CLEANING 2017
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INLETS (216)
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