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HomeMy WebLinkAbout05. Consent Agenda5/1/2017 BoardDocs@ Pro ,'kb1WFY9 Ni„�MM�9'�rM'd Agenda Item Details Meeting Apr 05, 2017 - REGULAR MEETING OF THE VILLAGE BOARD - 7:00 p.m. Category 5. CONSENT AGENDA Subject 5.1 List of Bills - March 15 - March 28, 2017 Access Public Type Action (Consent) Recommended Approve List of Bills Action Public Content Information Please find the attached list of bills for March 28, 2017. Alternatives 1. Approve List of Bills for March 28, 2017 2. Action at discretion of Village Board. Approve List of Bills - March 15 - March 28, 2017 - $1,756,289.02 03282017 List of Bills.pdf (157 KB) Administrative Content Executive Content All items under Consent Agenda are considered routine by the Village Board and will be enacted by one motion. There will be no separate discussion of those items unless a Board member or member from the audience so requests, in which the item will be removed from the Consent Agenda and considered in its sequence on the agenda. Motion & Voti Accept the lowest cost bid for a two (2) year (2017-2018) Catch Basin and Inlet Cleaning Contract 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. Motion by Paul Hoefert, second by Steve Polit. Final Resolution: Motion Carries Yea: Paul Hoefert, Steve Polit, Colleen Saccotelli, Michael Zadel https://www. boarddocs.comri I/vom p/Board.nsf/Private?open&I ogi n# 1/2 VILLAGE OF MOUNT PROSPECT List of Bills March, 15 - March 28, 2017 Fund Vendor Name Invoice Description Amount 001 General Fund ACS State & Local Government Solutions Illinois State Disbursement Unit $ 5,523.46 Active Alarm Company, Inc. 2nd qtr. alarm monitoring at the CCC 73.50 ADT Security Services, Inc. Equipment Maintenance and Repair 99.00 2nd quarter payment for card access system at Police station 3,000.00 Equipment Maintenance and Repair 99.00 Equipment Maintenance and Repair 99.00 AIMFES AIMFES- 2017 Membership 10.00 Air One Equipment, Inc. SCBA parts 2,209.90 Air Compressor Maintenance & quarterly air quality tests 145.00 Air Compressor Maintenance & quarterly air quality tests 644.00 4 cycle and 2 cycle fuel 126.00 Skowron BOFPC Helmet 245.00 Allen, Janice Refund Overpayment Police Ticket #P3952125 20.00 American Public Works Assoc. Other supplies 17.94 Angarola, Michael Reimburse training expenses 143.57 Aramark Uniform Services, Inc. Uniform Cleaning and Rental 98.13 Uniform Cleaning and Rental 97.86 ARC Document Solutions, LLC Equipment Maintenance 66.00 Arguilles, Consuelo Travel reimbursement -Design that Draws Seminar 45.68 Travel reimbursement -Cook County Zoning Meeting 62.82 AT & T Corp. Service 3/10/17 - 4/9/17 2,412.07 Service 3/16/17 - 4/15/17 570.66 Avanti Cafe & Sandwich Bar, Inc. Refreshments for BOFPC Commissioner reception 231.83 Appetizers for Commissioner's Retirement 119.82 Balazs, Judith Other Employee Expenses 98.00 Barnett, Lesley Reimburse training expenses 34.00 Reimburse training expenses 44.00 Bedco Mechanical Building Maintenance & Repair 1,605.10 Board of Trustees of the University of Illinois FO I - Instructor I -Feb 13-17 2017 Carol Stream 300.00 Bonnell Industries Inc. Salt Spreader Parts 469.73 Business Oriented Software Solutions, Inc. BOSS Conference 750.00 Call One Inc. Long Distance March (3/15/17 - 4/14/17) 382.70 Carlson, David J Reimburse training expenses 50.00 Century Cleaners Uniform Cleaning 29.05 Uniform Cleaning 29.37 Uniform Cleaning 27.22 Uniform Cleaning 27.90 Uniform Cleaning 20.75 Uniform Cleaning 19.75 Chicago Metro Chapter Apwa Training Expenses 160.00 Comcast Digital adapter for CPU office 03/19-04/18/17 2.10 Office equipment 10.55 Coulter Ventures LLC Cardio equipment Station14 (CIP) 895.00 Crash Data Group, Inc. CDR Software subscription renewal 1,050.00 Crystal Maintenance Services Corp. Custodial Services 110.10 Custodial Services 7,474.56 Cummins -Allison Corp. Replacement pad for coin counter 32.00 Dive Rescue, Inc. Ice Diving Operations 750.00 Drew, Maura Celestial Events Supplies 140.19 Dynegy Energy Services, LLC Electrical Service Delivery 296.37 Eldredge, Candace Garnishment 706.15 Elk Grove Township Fire Dept. ARC Annexation Agreement 2016 22,420.80 Emergency Medical Products Thermometer probe covers, defib pads adult and infant 621.00 Evans, Margaret Reimburse training expenses 50.00 Federal Express Corp Shipping Expenses 14.04 Shipping Expenses 32.25 Fehr -Graham & Associates LLC Training Expenses 408.33 Financial Accounting Foundation One Year of the Subscription - April 2017 -April 2018 252.00 Fire Pension Fund Fire Pension 24,505.73 Garvey's Office Products Office Supplies 231.72 Page 1 of 8 VILLAGE OF MOUNT PROSPECT List of Bills March, 15 - March 28, 2017 Fund Vendor Name Invoice Description Amount 001 General Fund (continued) National Safety Council Training Expenses 276.64 Nationwide Mutual Insurance Company Nationwide 457 13,434.04 NGS Medicare Illinois Refund for Ambulance Services 9/20/16 305.65 North East Multi Regional Trng Breachpoint In -House training 02/27/17 1,944.00 Course registration 250.00 Breachpoint In -House training 03/06/17 1,944.00 Register for training class 02/17/17 250.00 Northeastern III. Pub. Safety Trng. FO 11- T&S II -Mar. 13-17 2017 1,050.00 Northern Illinois Funeral Service Inc. Remains removal: Transportation from Glenbrook Hospital to CCME 425.00 Northwest Municipal Conference Springfield trip 206.06 Northwest Suburban United Way United Way 73.00 Northwestern University Class registrations 5,930.00 Online course registration 975.00 Paddock Publications, Inc. Printing Expenses 82.35 PZ -3-17 legal notice 85.05 Bid Notice 70.20 Bid Notice 95.85 Petro, Douglas Other Employee Expenses 30.00 Police Pension Fund Police Pension 30,640.34 Posuda-Salazar, Jose Refund Overpayment Police Ticket #133951282 50.00 Precise Digital Printing, Inc. Mt. Prospect Centennial - 3 Vinyl Banners 205.00 Prosafety, Inc. Maintenance and repair supplies 180.00 Custodial Supplies 1,005.70 Rano, Denise Reimbursement- Sister Cities Trivia Night 35.38 Rebel's Trophies, Inc. Skowron plaque 45.00 Reliance Standard Life Insurance Co. Short Term Disability 3,710.40 rescueDIRECT, Inc. 6 - Chest harnesses 292.65 Robert W. Hendricksen Co. Tree Trimming 9,793.98 Rondeau, Christopher Reimburse court expenses 02/22/17 32.00 Royal Refrigeration, Inc. Inspection of refrig/freezer - Invoice 73389 130.00 Russo Hardware, Inc. Other Equipment 299.73 Secretary of State Renewal License Plate Sticker #L368173 (1-63) 101.00 SHI International Corp. Replacement Deskphone 599.00 Smith, Robert Reimburse training expenses 689.02 Staples Contract & Commercial, Inc. Toner cartridges 263.98 Office Supplies 8.49 Steiner Electric Company Maintenance and repair supplies 166.67 Stephen A. Laser Assoc.,p.c. Employment Testing Candidates 1,100.00 T.P.I. Building Code Consultants, Inc. January inspection services 23,823.00 February 2017 inspections 23,165.43 Terrace Supply Company Street light supplies 141.55 Thanopoulos, Marianthi local communicators group luncheon 15.21 The Cook County State's Attorney's Regional Organic Register for training class 08/15-16/17 90.00 Register for training class 08/15-16/17 90.00 The Great Frame Up Maintenance and Repair Supplies 644.25 The Mulch Center Llc Grounds Maintenance 1,272.00 TJ Conevera's, Inc. Ammunition 11,430.00 Tyler Technologies, Inc. Professional Service - CAFR Builder 1,476.53 U.S. Bank Equipment Finance, Inc. Copier Lease #500-0413635-000 & 500-0431295-000 2,410.85 United Parcel Service Miscellaneous shipping charges 15.40 UPS Store #707 Shipping Expenses 27.59 Vantagepoint Transfer Agents RHS Payroll 3/23/17 18,277.22 Vargas, Belinda Refund Overpayment Police Ticket #133952572 30.00 Village of Mount Prospect Flex - Medical 10,207.33 Period 2/9/17 - 3/9/17 5.00 Period 2/9/17 - 3/9/17 26.94 W. W. Grainger, Inc. Maintenance and repair supplies 116.70 Maintenance and repair supplies 87.00 Warehouse Direct Office supplies & toner 275.42 Printer repairs: parts & labor HP4300 ser#CMGY518470 446.60 Page 3 of 8 Page 5 of 8 VILLAGE OF MOUNT PROSPECT List of Bills March, 15 - March 28, 2017 Fund Vendor Name Invoice Description Amount 041 Motor Fuel Tax Fund Dynegy Energy Services, LLC Electrical Service Delivery $ 343.82 H & H Electric Co Street Light Maintenance 1,311.55 Maxx Contractors Corp Contractual Snow Removal 1,274.67 Contractual Snow Removal 5,287.52 041 Motor Fuel Tax Fund Total $ 8,217.56 042 CDBG Arco Construction CDBG group home rehab- 1007 Sycamore Ln $ 3,150.00 ICMA Retirement Trust - 457 ICMA 457 450.00 Illinois Department of Revenue IL State Withholding 48.73 Internal Revenue Service Federal Withholding 466.41 Saewert, Janet CDBG- Conference on Livable Communities 50.00 Village of Mount Prospect Flex - Medical 31.25 042 CDBG Total $ 4,196.39 045 DUI Fine Fund CDW LLC Flashlights for Midnight shift $ 649.32 045 DUI Fine Fund Total $ 649.32 046 Foreign Fire Tax Board Fund Arthur J. Gallagher Rms, Inc. Bond Policy#404020545 $ 100.00 Washburn Machinery, Inc. Fire Dept. - Washer & Delivery Fee 5,480.00 046 Foreign Fire Tax Board Fund Total $ 5,580.00 050 Water and Sewer Fund American Waterworks Assoc. Training Expenses $ 96.00 Training Expenses 55.00 Training Expenses 17.40 Aquatic Ecosystems Management Inc. Water Sample Testing 2,400.00 Aramark Uniform Services, Inc. Uniform Cleaning and Rental 98.14 Uniform Cleaning and Rental 97.86 AT & T Corp. Service 3/10/17 - 4/9/17 828.83 Service 3/10/17 - 4/9/17 869.07 Service 3/10/17 - 4/9/17 575.59 Service 3/16/17 - 4/15/17 211.92 Bracher, Tony@ Safety Shoe Allowance 180.00 Call One Inc. Long Distance March (3/15/17 - 4/14/17) 142.11 Century Cleaners Uniform Cleaning 29.05 Uniform Cleaning 29.38 Uniform Cleaning 27.23 Uniform Cleaning 27.90 Uniform Cleaning 20.75 Uniform Cleaning 19.75 Dynegy Energy Services, LLC Electrical Service Delivery 6,904.19 EESCO, A Division of WESCO Distribution, Inc. Maintenance and repair supplies 674.02 Eileen Finn-Gattas Utility Refund - 12 N Kenilworth Ave 24.58 Gas Depot, Inc. Fuel/Diesel 3,836.99 Home Depot U.S.A., Inc. Maintenance and repair supplies 678.56 ICMA Retirement Trust - 457 ICMA 457 1,720.77 Illinois Department of Revenue IL State Withholding 2,815.54 Inform (US), Inc. Professional Services 2,725.00 Internal Revenue Service Federal Withholding 24,826.75 International Union of Operating Engineers IUOE PW Membership Dues 1,161.77 Lampignano & Son Construction Company Water Main Replacement 81,660.30 MECO Consulting LLC Professional Services 650.00 Mid American Water of Wauconda, Inc. Repair Maintenance Supplies 227.48 Mount Prospect Paint, Inc. Paint supplies 68.46 Nationwide Mutual Insurance Company Nationwide 457 463.84 Northwest Suburban United Way United Way 31.00 NW Suburban Municipal Joint Action Water Agency JAWA - February/2017 468,238.00 Page 5 of 8 VILLAGE OF MOUNT PROSPECT List of Bills March, 15 - March 28, 2017 Fund Vendor Name Invoice Description Amount 060 Vehicle Maintenance Fund (continued) Hallam Settlement Payment 242,024.59 Internal Revenue Service Federal Withholding 14,693.82 International Union of Operating Engineers IUOE PW Membership Dues 597.34 Interstate Battery of Western Chicago Battery Charger 93.98 State of Illinois Batteries and charger for tool room floor scrubber 309.88 Leach Enterprises, Inc. Vehicle Maintenance Supplies 64.20 Liebovich Bros, Inc. Vehicle Maintenance Supplies 251.70 500 Algonquin LLC Vehicle Maintenance Supplies 190.63 Mcmaster-carr Supply Co. Hex drive screws 19.07 Sleeve plastic washers 102.61 National Safety Council Training Expenses 173.36 Northwest Suburban United Way United Way 5.00 Pomp's Tire Service, Inc. Vehicle Maintenance Supplies 356.32 Vehicle Equipment Maintenance 303.00 Reliance Standard Life Insurance Co. Short Term Disability 106.16 Rogers, Dustin Training Expenses 177.00 Ronco Industrial Supply Small Tools 1,530.00 Vehicle Maintenance Supplies 432.80 Rush Truck Centers of Illinois, Inc. Equipment Maintenance and Repair 50.00 Tennant Sales and Service Company Equipment Maintenance and Repair 299.00 Village of Mount Prospect Flex - Medical 380.01 West Side Tractor Sales 2719 Tie rod pin 55.68 Fuel and oil filters 121.35 Wholesale Direct Inc. Vehicle Maintenance Supplies 217.57 060 Vehicle Maintenance Fund Total $ 30,573.99 061 Vehicle Replacement Fund Ehrhardt's Trailer Sales Inc. Motor Equipment for Public Works Vehicles $ 13,265.60 Inlad Truck & Van Equipment Co., Inc. New 4540 bed base rails and tool box 1,079.26 Jack 0 Trades Motor Equipment Public Works Vehicles 475.00 Lund Industries, Inc. Squad conversion P-23 5,113.57 Motor Equipment Public Works Vehicles 358.44 Regional Truck & Equip Motor Equipment for Public Works Vehicles 2,950.00 Ziebart of Illinois New 4529 Undercoating 475.00 Motor Equipment Public Works Vehicles 275.00 061 Vehicle Replacement Fund Total $ 23,991.87 062 Computer Replacement Fund CDW LLC Printer Replacement - PW SMoe $ 849.56 MS Surface Pro & Dock 2,228.26 MS Surface Pro - warranty 489.02 062 Computer Replacement Fund Total $ 3,566.84 063 Risk Management Fund Cannon Cochran Management Services, Inc. WC Claims 2/1/17 - 2/28/17 $ 47,258.10 Jeffrey E. Martin Hallam Settlement Payment 242,024.59 Medicare, Wps Jacqueline Hallam Medicare Payment 7,975.41 Municipal Claims and Safety Agreement Installment 2 2017 17,481.00 Rundell, Robert Reimbursement for VH Ping Pong Table and Supplies 493.93 State of Illinois W/C Rate Assessment 7/1/16 - 12/31/16 2,267.85 063 Risk Management Fund Total $ 317,500.88 073 Escrow Deposit Fund 500 Algonquin LLC Refund Escrow Permit #16-1903 (500 W Algonquin Rd) $ 100.00 ABC Plumbing & Heating Cooling Electric Refund Escrow Permit # 16-1665 (206 N owen St) 75.00 Refund Escrow Permit # 16-1895 (1611 Barberry Ln) 125.00 AHS Plumbing Refund Escrow Permit # 17-0182 (105 W Berkshire Ln) 125.00 Refund Escrow Permit # 17-0183 (105 W Bershire Ln) 125.00 ARS of Illinois Refund Escrow Permit # 17-0166 (1018 S Lancaster Ave) 125.00 Refund Escrow Permit # 17-0206 (1903 Bonita Ave) 125.00 Bew Property Management LLC Refund Escrow Permit # 16-1675 (1705 Victoria Dr) 25.00 Page 7 of 8 5/1/2017 BoardDocs® Pro Agenda Item Details Meeting Apr 05, 2017 - REGULAR MEETING OF THE VILLAGE BOARD - 7:00 p.m. Category 5. CONSENT AGENDA Subject 5.2 Motion to accept bid for EAB insecticide treatment services in an amount not to exceed $28,028 Access Public Type Action (Consent) Preferred Date Apr 05, 2017 Absolute Date Apr 05, 2017 Fiscal Impact Yes Dollar Amount 28,028.00 Budgeted Yes Budget Source General Fund Recommended Accept the bid for a two (2) -year (2017-2018) EAB Insecticide Treatment contract submitted by Action Kinnucan Tree Experts Company in an amount not to exceed $28,028. Year two (2) (2018) will be in an amount not to exceed $28,881 and will be contingent upon the availability of funds for this purpose. 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 treatment of ash trees with emerald ash borer (EAB) insecticide. Beginning in 2009, Public Works has proactively treated a selection of parkway ash trees in attempt to prevent infestation by the emerald ash borer (EAB). As authorized by the Village Board, we have been treating these trees annually with the hope that we will be able to preserve a small population of high quality ash trees in our parkways. Currently, these trees are separated into two (2) groups and treated biannually (every other year) with a product called Tree -age. Tree -age is considered to the most effective treatment for killing EAB larvae. In 2017, treatment will be applied to group A, consisting of approximately 481 trees (6,716 diameter inches). In 2018, treatment will be applied to group B, consisting of approximately 315 trees (6,932 diameter inches). 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 EAB insecticide treatment. As such, staff elected to seek competitive bids via an in-house letting. The bid award is for a two (2) year (2017-2018) EAB insecticide treatment contract. The bid also includes an option to extend the contract one (1) additional year (2019) if both parties agree. Nine invitational bids were mailed, a notice was published in a local newspaper, and the bid was placed on the OnviaDemandstar online bidding website. The following four (4) bids were received and publicly opened on March 20, 2017 at 1:00 p.m. at the Village Hall, 50 South Emerson Street, Mount Prospect, Illinois 60056: Bidder 2017 Bid Price 2018 Bid Price Total Bid https://www.boarddocs.comAl/vomp/Board.nsf/Private?open&login# 1/2 Bid Request for EAB Insecticide Application Contract 2017 and 2018 BID OPENING: Monday, March 20, 2017 —1:00 p.m. local time Mount Prospect Public Works Department 1700 W. Central Road, Mount Prospect, Illinois 60056-2229 H:\Forestry\WORD\2017\EAB\BID-EAB INSECTICIDE APPL 2017-2018.docx ESB InsecticideAgplication Contract 2017 and 2018 Table of Contents Section Page Notice to Bidders 1 Table of Contents 2 Bid Packet Information 3 Instructions to Bidders 7 Specifications 10 General Conditions 12 Proposal Form - Exhibit A 19 Bid Form 23 Affidavit — Bid Certification Form 27 Bid Security 29 Bid Sheet(s) 31 Contract — Exhibit B 33 TREE -age Rate Sheet — Exhibit C 39 2 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 "EAB INSECTICIDE APPLICATION CONTRACT 2017 and 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 EAB INSECTICIDE APPLICATION CONTRACT 2017 and 2018 (Exhibit 8). 4. AWARD OF CONTRACT TO SUCCESSFUL BIDDER 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. 4 VILLAGE OF MOUNT PROSPECT INSTRUCTIONS TO BIDDERS To be entitled for 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, including a statement of the items of equipment which the bidder proposes to use on the project. This list of items is to include a statement noting which of these items of equipment the bidder owns, and separately those items which he does not own but is certain he will be able to rent or otherwise procure for use on the project 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 7 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. 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 $500.00, 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 all 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 retainage 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 for EAB INSECTICIDE APPLICATION CONTRACT 2017 and 2018", 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: EAB INSECTICIDE APPLICATION CONTRACT 2017 and 2018 Dave Hull, Forestry/Grounds Superintendent Mount Prospect Public Works Department 1700 West Central Road Mount Prospect, Illinois 60056 Phone: 847.870.5640 Email: dhull@mountprospect.org 9 all times endeavor to maintain good relations with the public and respectfully answer questions. Damage Repair of all damage done to sidewalks, driveways, curbs, streets, fire hydrants, buffalo boxes, street and traffic signs, light standards or other structures, lawns, other trees, or any other public or private property during the operations of this contract shall be at the Contractor's expense. Repairs or replacements shall be accomplished as soon as possible, but no later than sixty (60) days after the date the damaged has occurred. Note that the Contractor is not authorized to drive equipment onto private property without previous authorization from the property owner. Cleanup/Flag Placement Thorough cleanup of each work site shall be required, including raking and sweeping if necessary. A flag provided by the Village, stating that the tree has been treated, shall be left by the contractor at the base of each treated tree. Additionally, a letter prepared by the Village will be left by the contractor asking the resident to water the treated tree. APPLICATION SPECIFICATIONS TREE -age — trunk injection: Product — TREE -age by Arborjet (with the active ingredient Emamectin Benzoate) Rate — This product shall be mixed in accordance with the label to control Emerald Ash Borer. Exhibit C, based on Arborjet's suggested medium rate, identifies the exact milliliters that must be administered according to the DBH for two year control of EAB. Application Method — Trunk Injection administered through the Arborjet Tree IV system, or the air hydraulic system manufactured by Arborjet, using #4 Arborplugs and a 3/8" drill bit. Both application methods are acceptable, except for trees with a DBH larger than 27", and then the Tree IV system shall be used. Drill bits should be Arborjet double helix bits or a comparable brad point bit. (Only sharp bits shall be used and changed regularly throughout the contract.) The placement of the injection sites, the number of injection sites and drill depth shall all be done in accordance with the product label in correlation to the tree DBH. Arbor plugs should be evenly spaced, placed straight in, set to the correct depth, and placed in the flare of the tree when possible. 11 cost, and for every party listed a full or partial waiver of lien, as appropriate. Beginning with the second payment request, and with each succeeding payment request, the Contractor shall submit Contractor's Affidavits and partial waivers of lien for each subcontractor and supplier showing that the amount paid to date to each is at least equivalent to the total value of that subcontractor's work, less retainage, included on the previous payment request. 6. If final payment is requested, the Contractor shall submit a properly completed Contractor's Affidavit setting out, under oath, the name, address and amount due or to become due, of Contractor, each subcontractor, vendor, supplier or other appropriate party included in its cost, and a full and final waiver of lien for the full amount of the Work, less retainage. The Contractor shall assign over to the Village all manufacturers' and suppliers' warranties respecting any part of the Work. 7. 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. 8. 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. 9. 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. 10. 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 13 C. 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. Insurance; Indemnification Insurance Re uirernents. 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 Aqqreqate General Liability Bodily Injury $1,000,000 $3,000,000 Property Damage $1,000,000 $3,000,000 Contractual Ins. $1,000,000 $3,000,000 Automobile Liability Bodily Injury $1,000,000 $1,000,000 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 attorneys 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 any way 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 attorneys 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 15 E. 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 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. E ual 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 Reguest. 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, attorneys 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. Work Guaranty 17 EXHIBIT A (Upon award of contract, to be attached to EAB INSECTICIDE APPLICATION CONTRACT 2017 and 2018 as Exhibit A) Bid Proposal Form Village of Mount Prospect EAB INSECTICIDE APPLICATION CONTRACT 2017 and 2018 OWNER INFORMATION Owner Name: Address: Business Name: Business Address: Home Phone: This Business is a Business Phone: If applicable, give names and addresses 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 service? n YES ❑ NO 19 Individual Proprietorship [] Joint Venture n Partnership ❑ Corporation If applicable, give names and addresses 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 service? n YES ❑ NO 19 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 EAB INSECTICIDE APPLICATION CONTRACT 2017 and 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 EAB INSECTICIDE APPLICATION CONTRACT 2017 and 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. 21 BID FORM EAB INSECTICIDE APPLICATION CONTRACT 2017 and 2018 Village of Mount Prospect Department of Public Works FROM. (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") EAB INSECTICIDE APPLICATION CONTRACT 2017 and 2018 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 Bid Packet Information Instructions for Bidders Specifications General Conditions Proposal Form Bid Form Affidavit — Bid Certification Form Bid Security Bid Sheet Contract — Exhibit B Tree -age Rate Sheet - Exhibit C 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. 23 In addition to Exhibit A (Bid Proposal Form), this Bid Submittal contains the following: 1) Bid Proposal Form (Exhibit A) 2) Bid Form 3) Affidavit — Bid Certification Form 4) Bid Security 5) BID SHEET(S) 6) List of required references and equipment 7) Proof of Pesticide Applicator License for Ornamentals Respectfully submitted: Name of Firm/Bidder: By: _ Title: Date: Contact Information: Official Address;. Telephone: Email: ...................................... (Signature) ONE (1) SIGNED COPY OF EXHIBIT A (BID PROPOSAL FORM), THIS BID FORM AND BID SHEETS ALONG WITH THE AFFIDAVIT — BID CERTIFCATION FORM, REQUIRED REFERENCES AND EQUIPMENT, PESTICIDE APPLICATOR LICENSE, AND BID SECURITY SHALL BE SUBMITTED IN A SEALED MARKED ENVELOPE. 25 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. RiggingSection 11 Bid o 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 580/1, 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 (Name of Company) 27 K BID SECURITY Included with this bid is a bank cashier's check, certified check or bid bond in the amount of , 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, 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 , 20_. 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 29 BID SHEET EAB INSECTICIDE APPLICATION CONTRACT 2017 and 2018 The undersigned herewith submits a bid on the "EAB Insecticide Application Contract 2017 and 2018" in accordance with the attached documents. All bids are to be delivered to the office of the Village Manager at 50 S. Emerson Street, 3`d Floor, Mount Prospect, Illinois 60056, prior to 1:00p.m. on March 20, 2017. Contractor is reguested to submit a price per DBH Inch for TREE -age trunk injection. 2017 Number of trees* Number of DBH inches* 481 6,716 TREE -age Trunk Injection Price/DBH inch $ (x 6,716) - Extended Cost $ 2018 Number of trees* 315 TREE -age Trunk Injection Price/DBH inch $ (x 6,932) _ Number of DBH inches* 6,932 Extended Cost $ * Numbers are approximate and may not be reflected on the actual assigned list. The charts below show the size and quantities expected to be treated by year. 31 20172018 .... _...... ..... .... DBH QUANTITY Extended DBH DBH GUANTIT1', Extended DBH 6 1 6 8 4 32 7 3 21 9 4 36 8 2 16 10 8 80 9 12 108 11 8 88 10 33 330 12 5 60 11 40 440 17 1 17 12 56 672 18 12 216 13 51 663 19 24 456 14 75 1050 20 47 940 15 63 945 21 29 609 16 47 752 22 30 660 17 67 1139 23 30 690 18 26 468 24 29 696 19 1 19 25 13 325 20 0 0 26 17 442 21 2 42 27 11 297 22 1 22 28 14 392 23 _ 1 ........................................-6716 23 29 8 232 Total 481 30 9 270 31 3 93 32 2 64 33 4 132 34 1 34 34 1 34 37 1 37 Totals: 315 6932 31 EXHIBIT B VILLAGE OF MOUNT PROSPECT EAB INSECTICIDE APPLICATION CONTRACT 2017 and 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 , 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.); b. Comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1 et seq.); C. Comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et seg.), 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 33 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 SOON 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. 35 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. 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. 37 - REQUIRED RATE SHEET FOR TREE -age Treeage may be diluted with water. Consult label for dilution rates. <,, Recommended Tool Exhibit C 39 BID SHEET The undersigned herewith submits a bid on the "EAB Insecticide Application Contract 2017 and 2018" in accordance with the attached documents. All bids are to be delivered to the office of the Village Manager at 50 S. Emerson Street, 3'd Floor, Mount Prospect, Illinois 60056, prior to 1:00p.m. on March 20, 2017. C nt ° oris re ues ed to ubmit a rice r Dli� inch for TR' �,;,µa e trunk.. in,�„�"ecjior^�. 2017 Number trees* Number of DBH inches' 6,716 TREE -age Trunk Injection Price/DBH inch $ 3.95 (x 6,716) = Extended Cost $26,528.20 2018 Number of trees* flu e of 0131-1 inches* 315 6,932 TREE -age Trunk Injection Price/DBH inch $ 3.35 (x 6,932) = Extended Cost $ 27„361.40 ” Numbers are approximate and may not be reflected on the actual assigned list. The charts below show the size and quantities expected to be treated by year. 31 2017 2018 DBH QUANTITY Extended DBH DBH QUANTITY Extended DBf 6 1 6 8 4 32 7 3 21 9 4 36 8 2 16 10 8 80 9 12 108 11 8 88 10 33 330 1 12 5 60 11 40 440 17 1 17 12 56 672 1 18 12 216 13 51 663 19 24 456 14 75 1050 20 47 940 15 63 945 21 29 609 16 47 752 22 30 660 17 67 1139 23 30 690 18 26 468 24 29 696 19 1 19 25 13 325 20 0 0 26 17 442 21 2 42 27 11 297 22 1 22 28 14 392 23 1 23 29 8 232 Total 481 6716 30 9 270 31 3 93 32 2 64 33 4 132 34 1 34 34 1 34 37 1 37 Totals: 315 6932 31 5/1/2017 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 PROPOSED N W+E s CENTRAL RD 0 GOLF RD (RT 58) SEMINOLE LN STE T .. r Legend 1(A) CATCH BASINS (260) INLETS (216) OAKTON ST (RT 83) Map .s of Mnoh 1017 By JJPIPW F:W,.J.q.M) P01NNLU CLEIININGVNLET CLE MNG2017_GVERMEW—d 5/1/2017 BoardDocs® Pro 11 Agenda Item Details Meeting Apr 05, 2017 - REGULAR MEETING OF THE VILLAGE BOARD - 7:00 p.m. Category 5. CONSENT AGENDA Subject 5.4 Motion to accept bid sewer catch basin and inlet repair services in an amount not to exceed $93,560. Access Public Type Action (Consent) Preferred Date Apr 05, 2017 Absolute Date Apr 05, 2017 Fiscal Impact Yes Dollar Amount 93,560.00 Budgeted Yes Budget Source Water and Sewer Fund Recommended Accept the bid for a two (2) year (2017-2018) Catch Basin and Inlet Repair contract as submitted Action by R.A. Mancini, Inc. in a not to exceed annual amount of $93,560. 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 repair of village -owned catch basins and inlets. Catch basins and inlets are drainage structures that collect rain water and convey it to storm sewer mains and/or combined sewer mains. Many of these storm water drainage structures are constructed of brick. Over time, the mortar, brick or block deteriorate requiring patching, reconstructing, or total replacement. The repairs are typically performed with concrete adjustment rings or precast cones to minimize future deterioration of the mortar joints. This work is generally completed by late August ensuring that all structures are in good repair for the fall rainy season and to minimize any possible winter failures. Repairs are completed on an annual basis; the previous award was approved in 2014 as a two-year contract with a one-year extension. 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 repair. A contract for catch basin and inlet repair was discussed at the annual MPI meeting in December 2016, but did not garner enough support to justify a joint bid for these services. As such, staff elected to seek competitive bids via an in-house letting. The bid award is for a 2 (two) year (2017-2018) catch basin and inlet repair 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 ten (10) bids were received and publicly opened on March 13, 2017 at 1:00 p.m., at the Village Hall: hftps://www. boarddocs. com /i I /vom p/Board. nsf/Private?open&I ogi n# 1/3 5/1/2017 BoardDocs@ Pro Accept the lowest cost bid for a two (2) year (2017-2018) Catch Basin and Inlet Cleaning Contract 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. Motion by Paul Hoefert, second by Steve Polit. Final Resolution: Motion Carries Yea: Paul Hoefert, Steve Polit, Colleen Saccotelli, Michael Zadel Not Present at Vote: John Matuszak, Richard Rogers https://www.boarddocs.comAl/vomp/Board.nsf/Private?open&login# 3/3 BID SHEET CATCH BASIN AND INLET REPAIR CONTRACT 2017-2018 The undersigned herewith submits a bid on Catch Basin and Inlet Repair 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 1:00p.m. on March 13, 2017. 2017 SCHEDULE OF PRICES We will perform the services as outlined Catch Basin and Inlet Repair Contract for sums as follows: We will perform the service as outlined on the Task Schedule sheets for sums as follows. Item Item Unit Est. Unit Price Total No. Qty. 1 Structure to be adjusted EA 10 2 Structure to be reconstructed EA 8 3 Inlet to be replaced EA 10 I :�- 19' ' I c` CO, 4 Manhole to be replaced/installed EA 5 21 "" 00009 4 Catch basin to be replaced EA 10 oV — 5 Curb and Gutter removal and LF 220 replacement 6 Pavement removal and SY 50 replacement 7 Sidewalk removal and replacement SF 250 �-, 8 Storm sewer pipe SDR 26 - 8" LF 50 * Quantities estimated for pricing purposes only,. Total Village Catch Basin and Inlet Repair Contract: year 2017 /V l�Ne� � .r s 11'; I � Submitted this day of,�/l'apah , 2017. 46�- 33 481 Scotland Road, Unit 101 Lakemoor, IL 60051 Phone: (815) 344-0600 Fax: (815) 344-0601 Please attach to proposal 2017 & 2018 CATCH BASIN AND INLET REPAIR CONTRACT MOUNT PROSPECT Daily trip charge for any line item shall equal $4,000.00 or greater Bid Request for Catch Basin and Inlet Repair 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 LOMM -.r.r4r, MIN Emma 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 14 Proposal Form - Exhibit A 23 Bid Form 26 Affidavit — Proposal Certification Form 29 Bid Security 31 Bid Sheet 32 Contract - Exhibit B 34 Performance Bond 40 Labor and Material Payment Bond 42 2 1. RECEIPT OF PROPOSALS Sealed bid proposals to provide catch basin and inlet repair services must be received in the Village Manager's Office, at 50 South Emerson Street 3`d 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, 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 REPAIR 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 Repair 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 REPAIR CONTRACT 2017-2018" (Exhibit B). The successful bidder will be required to execute the Catch Basin and Inlet Repair 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. 11 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. 91 Questions about this Request for Bids should be directed to: Catch Basin and Inlet Repair Contract 2017-2018 Scott Moe, Streets & Building Superintendent Mount Prospect Public Works Department 1700 West Central Road Mount Prospect, Illinois 60056 Phone: 847.870.5640 Email: smoe@mountprospect.org 10 CURB AND GUTTER REMOVAL AND REPLACEMENT This work shall consist of removing and disposing the existing curb, gutter, or curb and gutter that is broken, otherwise damaged, or required for the adjustment, reconstruction, or replacement of catch basins, inlets, manholes and valve vaults, and the replacement with new curb, gutter, or curb and gutter of a type similar to that which is existing, in accordance with the applicable portions of Section 606 of the Standard Specifications and as directed by the inspector. The Contractor shall machine -saw a perpendicular clean joint between that portion of the curb, gutter, or curb and gutter to be removed and which is to remain in place. Existing defective integral curb shall also be saw -cut a minimum of 18" into the pavement as measured from the back of curb. All soft and yielding spots or other unsuitable material under the defective curb and gutter shall be removed and replaced with crushed aggregate compacted to the satisfaction of the inspector. At no time shall the flow line of the replacement curb and gutter impede drainage to the inlet. Construction joints shall be provided at a spacing not to exceed 15' and shall be created by saw- cutting to a minimum depth of 1-1/2" or by use of a full -depth steel plate or edging tool. At the end of a day's pour, expansion joints shall be provided at the beginning and end of each return radius or at spacing not to exceed 90'. Expansion joints shall consist of two #6 bars x 24" long with 1/2" preformed expansion joint material conforming to the shape of the curb and gutter section. Two #4 continuous bars shall be placed between all expansion joints. The curb and gutter shall be properly finished after placement and approved curing methods incorporated immediately after final finishing. Preformed 1/2" expansion joints shall be provided where the sidewalk or concrete driveways abut against the concrete curb. It is the Contractor's responsibility to protect the fresh concrete curb and gutter from vandalism while it is curing. Any curb that is damaged or defaced shall be replaced or cleaned by the Contractor at his/her expense. Any ground adjacent to the curb, gutter, or curb and gutter that is removed or disturbed during the removal operations shall be restored to its original condition or better and to the satisfaction of the inspector after the new curb, gutter, or curb and gutter has been constructed. Once topsoil is placed, the Contractor shall furnish and place grass seed or sod, as directed, according to applicable portions of Section 250 of the standard specifications. This restoration shall not be paid for separately but shall be considered incidental to this item of work. BASIS OF PAYMENT This work shall be paid for at the contract unit price per linear foot for CURB AND GUTTER REMOVAL AND REPLACEMENT, which price shall include all labor, material 12 Basis of Pavement This work shall be paid for at the contract unit price per square yard for the Removal and Replacement of Bitumunous Pavement, which price shall include all labor, material and equipment necessary to remove and replace the bituminous pavement including the saw cutting and restoration as specified herein. 14 succeeding payment request, the Contractor shall submit Contractor's Affidavits and partial waivers of lien for each subcontractor and supplier showing that the amount paid to date to each is at least equivalent to the total value of that subcontractor's work, less retainage, included on the previous payment request. 5. If final payment is requested, the Contractor shall submit a properly completed Contractor's Affidavit setting out, under oath, the name, address and amount due or to become due, of Contractor, each subcontractor, vendor, supplier or other appropriate party included in its cost, and a full and final waiver of lien for the full amount of the Work, less retainage. The Contractor shall assign over to the Village all manufacturers' and suppliers' warranties respecting any part of the Work. 6, PREVAILING WAGE. This contract calls for the construction of a "public work" within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/1, et seq., as amended (the "Act"). The Contractor and all subcontractors are required to pay wage rates in accordance with the Act to all laborers, workers and mechanics. The Village has adopted the prevailing wages as determined by the Illinois Department of Labor ("IDOL") for Cook County. The prevailing rate of wages is revised by the IDOL and is available on the IDOL website, + ww,state.il.usla enc /idol/rates/rates.HTM. The Contractor and all subcontractors are solely responsible for checking the Department's website for revisions to prevailing wage rates. In the event that the IDOL should revise the prevailing rate of wages, then the revised rates shall apply to this Contract. In no case shall any revision in the rates of prevailing wages result in an increase in the total Contract price. All bonds provided by the Contractor under the terms of this Contract shall include such provisions as will guarantee the faithful performance of the Contractor's obligations under this clause and under the Prevailing Wage Act, 820 ILCS 130/1 et. seq. Contractor shall comply with all applicable provisions of the Prevailing Wage Act, including, but not limited to, the requirements of Section 5 of the Prevailing Wage Act, 820 ILCS 130/5. The Contractor, and all Subcontractors and Sub -Subcontractors participating on the Project, shall make and keep those records required under Section 5 of the Prevailing Wage Act in paper or electronic format. In conformance with the Act, each contractor and subcontractor, or other entity performing work on the project, shall maintain records of all laborers, mechanics and other workers employed by them on the project, including the following information on each worker: (1) name; (2) address; (3) telephone number when available; (4) social security number; (5) classification or classifications; (6) gross and net wages paid in each pay period; (7) number of hours worked each day; (8) starting and ending times of each day; (9) hourly wage rate; (10) hourly overtime wage rate; (11) hourly fringe benefit rates; (12) the name and address of each fringe benefit fund; (13) the plan sponsor of each fringe benefit, if applicable; and (14) the IV 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 Re uired 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. Z 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. 18 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/ Tvoe of Insurance Ea. Occurrence Aaareaate General Liability Bodily Injury $1,000,000 $3,000,000 Property Damage $1,000,000 $3,000,000 Contractual Ins. $1,000,000 $3,000,000 Automobile Liability Bodily Injury $1,000,000 $1,000,000 Property Damage $1,000,000 $1,000,000 Workers Compensation Employee Claims Employers Liability Statutory for Illinois $1,000,000 per accident 4. Indemnification. The contractor shall indemnify and save harmless the Village, its officers, employees and agents from any and all liability, losses or damages, including attorneys 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 any way 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 attorneys 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 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. 20 g. E ual 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 ('nmr�li�nrc xmith �rccrinm of Infnrmntinn Art Pgnmiaet ^w%'iYPA l A IM'4J41 XWJW,m YW P.,WA A b 1 LY.rW 4AA W A v a wae. e+..m m xv vv �nv.sr+:. 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, attorneys 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 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 22 EXHIBIT A (Upon award of contract, to be attached to Catch Basin and Inlet Repair Contract 2017-2018 as Exhibit A) Proposal Form, Village of Mount Prospect CATCH BASIN AND INLET REPAIR CONTRACT 2017-2018 OWNER INFORMATION Owner Name: Address: Business Name. Business Address: Home Phone: This Business is a: Business Phone: [] Individual Proprietorship ❑ Joint Venture ❑ Partnership ❑ Corporation 24 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 33E4 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 seq.); 6. 1 shall 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; 7. 1 shall comply with the Americans with Disabilities Act, 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. 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 Repair 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 Repair 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, 26 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 Date Representative Acknowledqed 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". 27 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 x . I I ZV 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 580/1, 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 (Name of Company) is 29 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 $ 2017. 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 31 We will perform the services as outlined Catch Basin and Inlet Repair Contract for sums as follows: We will perform the service as outlined on the Task Schedule sheets for sums as follows. Item Item Unit Est. Unit Price Total No. (tom. 1 Structure to be adjusted EA 10 2 Structure to be reconstructed EA 8 3 Inlet to be replaced EA 10 4 Manhole to be replaced/installed EA 5 4 Catch basin to be replaced EA 10 5 Curb and Gutter removal and LF 220 replacement 6 Pavement removal and SY 50 replacement 7 Sidewalk removal and replacement SF 250 8 Storm sewer pipe SDR 26 — 8" LF 50 * Quantities estimated for pricing purposes only.. Total Village Catch Basin and Inlet Repair Contract: $ year 2018 Submitted this day of $ 2017. Total Village Catch Basin and Inlet Repair Contract for 2017 & 2018 33 EXHIBIT B VILLAGE OF MOUNT PROSPECT CATCH BASIN AND INLET REPAIR 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 0 an , 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.); b. Comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 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 35 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. 37 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. QOMPLIANCE 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. 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. 39 Secretary (Corporate Seal) 41 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 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: — day of M 2017. My Commission expires: 43 claimant and stating the total amount due and unpaid as of the date of the verified notice. No defect in the notice herein provided for shall deprive the claimant of its right of action under the terms and provision of this Bond unless it shall affirmatively appear that such defect has prejudiced the rights of an interested party asserting the same. 3. No action shall be brought on this Bond later than one year after the date of the last item of work or of the furnishing of the last item of materials. Such suit shall be brought only in the circuit court of the State in the judicial district in which the Contract is to be performed. 4. The Village shall not be liable for the payment of any costs or expenses of any such lawsuit, and the Village does not have any obligations to any Claimants who make claims on this Bond. Surety will pay for all such claims, and for all costs and expenses of any such lawsuit, up to a maximum of the amount of this Bond. Surety hereby expressly agrees that no extension of time, change, modification, alteration, deletion, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this Bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, deletion, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder. Surety's obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, workmen, mechanics, material suppliers, and other persons in connection with the Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing the Village's rights against the others. Any payment by the Surety made in good faith pursuant to this Bond shall reduce the principal amount of this Bond. 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 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: day of , 2017. My Commission expires: (Attach Surety's Power of Attorney) 45