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HomeMy WebLinkAbout5.5 Motion to accept bid for salt brine and calcium chlorideBoardDocs® Pro Agenda Item Details Meeting Category Subject Access Type Preferred Date Absolute Date Fiscal Impact Dollar Amount Budgeted Budget Source Page I of 2 Nov 20, 2018 - REGULAR MEETING OF THEM UT PROSPECT VILLAGE BOARD - 7:00 p.m. 5. CONSENT AGENDA 5.5 Motion to accept bid for salt brine and calcium chloride in an amount not to exceed $29f850. Public Action (Consent) Nov 20, 2018 Nov 20, 2018 Yes 29f850.00 Yes llillpql ll 1 it Recommended Action Accept the lowest cost responsive bid to supply salt brine and calcium chloride pre -wetting agents for the 2018/2019 winter season at cost not to exceed $29,850. Public Content Information For many years, the Public Works Department has purchased and applied liquid pre -wetting chemicals to augment the effectiveness of road salt during snow and ice control operations. Spraying these chemicals on road salt as it is spread from trucks helps to jump-start the melting process. These chemicals also play an important role in lowering the effective melting range of road salt. Notably, chemicals containing chlorides help salt to melt at temperatures as low as zero degrees Fahrenheit. To facilitate the procurement of these materials, staff prepared detailed bid specifications and solicited bids from four (4) industrial chemicals suppliers and posted a public notice on the Onvia Demandstar website (online bidding house). Bid Results Sealed bids were opened at 1:00 PM on November 5, 2018 and read aloud. Four (4) bids were received. The results are noted in Table 1 below. Table 2 depicts current prices for bid materials purchased through current joint purchasing contracts. T;;hlp 1 - Rid Rpriilfr. W I U iDescription ����Unit Price Gasaway Distributors 1 1 1 1' oride Bid Total: Envirotech Calcium Chloride Silcalco, LTD ���,Calcium Chloride Harmony Deicing ���,Calcium Chloride I I I I I I I https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login 11/27/2018 BoardDocs® Pro 1 120,000 JBrine lGallons �.5900 1$11,80 Joint Purchasing Contract ��[Unit Pric I Suburban Purchasing MiChloride Calcium Cooperative (SPQ —M I off a 0 No =Contract No Contract State of Illinois CMS (StateMCalcium Bid) iChloride I off M a 0 1 1 4110 of Page 2 of 2 The lowest cost bidder for both salt brine and calcium chloride is Gasaway Distributors of Romeoville, Illinois (Gasaway). Gasaway was the only bidder to supply pricing for both chemicals and the unit prices for each were lower than competitive bids. In addition, Gasaway's unit costs are lower than rates available on current joint purchasing contracts administered by the Suburban Purchasing Cooperative (Northwest Municipal Conference) and the State of Illinois Central Management Services (CMS). Gasaway has successfully fulfilled similar contracts for the Village of Mount Prospect in the past. Gasaway's references indicated that the firm has successfully fulfilled similar contracts for several other Chicago area municipalities. Alternatives 1. Accept lowest cost bid for salt brine and calcium chloride. 2. Action at discretion of Village Board. Staff Recommendation Staff recommends that the Village Board accept the lowest cost, responsive bid to supply salt brine and calcium chloride pre -wetting agents for the 2018/2019 winter season for an amount not to exceed $29,850. -floride Soluti&ns - Gasaway Dist Bid.pdf (4 ,347 KB) Salt Bri�ne & Calcium 0 -ie & Calcium Ghloride Soluti&ns - Bid SIon s.pdf (998 KB) Salt Bri�r L__J 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 & Voting 1 1 111111 it;riiiiii 11, Motion by Paul Hoefert, second by Richard Rogers. Final Resolution: Motion Carries Yea: William Grossi, Eleni Hatzis, Paul Hoefert, Richard Rogers, Colleen Saccotelli, Michael Zadel https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login 11/27/2018 EXHIBIT I SPECIFICATIONS and Other Conditions Failure to cornply with any of these requirements is sufficient cause for rejection of proposed Salt Brine & Calcium Chloride (Liquid). The Village of Mount Prospect reserves the right to accept only those materials that are in full compliance with the specifications and deerned most advantageous to its interests. Delivery shall be FOB to the Village of Mount Prospect Public'Try'rorks facility, 1700 TVest Central Road, Mount Prospect, Illinois 60056, Deliveries shall be made within 72 hours from the date and time of order and consist of 4000 s or more of the material. LIQUID SALT BRINE (SODIUM CHLORIDE 22 - 24%) DESCRIPTION Liquid sodium chloride For winter time use is typically a concentration 22-24 %. ft is an odorless, slightly alkaline, water -while fluid. It is widely used for deicing. Water soluble green dye is available tor identification purposes. PHYSICAL PROPERTIES Appearance Odor Specific Gravity Density Lowest effective deicing temperature CHEMICAL PROPERTIES Chernical P11 "rYPICAI. ANALYSIS Sodium Calcium Magnesium Potassium Total chlorides Green, clear None 1.185 to 1.215 9,90 -- 10.15 lbs per gallon 1011f, NaCl slightly alLalinc 69,000 ppm. 'N M'f ...... 38,400 ppm NMT . . . . 6,500 pprn N NIT, — . 29,000 ppm 175,000 ppm 14 DESCRIPTION Liquid caleiiiin chloride for winter time usage is typically a concentration 31.5-32,5 % It is an odorless, slightly alkaline, water -white fluid. It is widely used for deicing and as (:in accelerator for ready -mix concrete curing. Water Soluble blue dye is available for identification Purposes. PHYS1...(',',A1., PROPERTIES Appearance Odor Specific Gravity Density Lowest effective deicing temperature C H E M I C A L 1) R 0 P ERTLE S Chemical Cacl Clear, colorless water white liquid None 1.295 to 132 10,98 -. 10.99 lbs per gallon _20'F' PH slightly alkaline Impurities Alkali Chlorides 0 I Magnesiurn as MgCl 15 EXHIBIT 2 Salt Brine & Calcium Chloride Solutions Rich Rhppt The undersigned herewith submits a bid on Salt Brine & Calcium Chloride Solutions 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 I.IFIL2jNovember 5, 2018. SCHEDULE OF PRICES We will perform the services as outlined Salt Brine & Calcium Chloride Solutions for sums as follows: D Description —1— Estimated Quantity (Column A) Unit of Measure Unit Price (Column B) Tota -1 Amount (Column A x Column B) Liquid Salt 20,000 Gallon Solution 22-24% Liquid Calcium 40,000 Gallon Chloride 9 0 32% Total (Total $ Amount Liquid Salt + Total $ Amount Liquid Calcium Chloride) Total Village Salt Brine & Calcium Chloride Solutions Contract: $ 0 0 per year Submitted this -a day of K) o,,j e Y\,\ a r_, 2018. Name of CAimparry/Firm 10 Address of Com y/Firm Phone:c...... .y. _...... �a..�..� A_�a�' Date submitted: I ] G .. 2018 Also note any exceptions to the specifications. ADDRESS CITY, STATE, ZIP PHONE # 2018 §1-6NATURE_ e DATE Note: All bids to remain firm for ninety (90) days. Be sure to mark the outside of the envelope, "Sealed Bid for Salt Brine & Calcium Chloride Solutions." I understand that the Village reserves the right to waive any irregularities, technicalities, and informalities, contained in any bid and to reject any and all bids. The Village will award on one or more items, based on lowest responsible price/bid for that specific individual item. 17 By signing this bid, I certify that I have the authority to submit this bid on behalf of the named Bidder. Date Signature Printed Name Title C) V, Company_ �- k' (>kL 61" Telej:)hone 0' C' Q-(� C Email A_ in Vendor EXHIBIT 3 VILLAGE OF MOUNT PROSPECT AFFIDAVIT — BID CERTIFICATION FORM 1A Name Address 0-SJ.3 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 right and debarment, the undersigned, . ..... being first duly sworn on oath, deposes and states that he or she is a...._._._..__...___._...(sole owner, rtner, joint ventured, President, Secretary, etc..) of .1 (hereinafter referred to as Vendor) (Name Company) and has the authority to make all certifications required by this affidavit, Section I Non Collusion The undersigned certifies that this bid is genuine and not collusive or sham, that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, to fix the bid price element of this bid, or of that of any other bidder, or to secure any advantage against any other bidder or any person interested in the proposed contract. Section 11 Bid Ric inc ar�d Rotatin The undersigned hereby certifies the Vendor 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. ILI' Page 2 - AFFIDAVIT — BID CERTIFICATION FORM Section III Illinois Druck Free Wqrkpji!ce Act The undersigned further states that the Vendor provides a drug free workplace pursuant to Illinois Statues, 30 ILCS 580/1, et seq and provides compliance with necessary requirements. Section IV Tax Paymen The undersigned further states that the Vendor is not delinquent in payment of any taxes to the Illinois Department of Revenue, in accordance with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned understands that making a false statement regarding delinquency in taxes is a Class A Misdemeanor and, in addition voids the contract and allows the municipality to recover all amounts paid to the individual or entity Linder the contract in civil action. It is expressly understood the foregoing statements and representations and promises are made as a condition to the right of the bidder to receive payment under any award made under the terms and provisions of this bid, Section V SEXUAL HARASSMENT POLICY Pursuant to Public Act 87-1257, effective July 1, 1993, 775 ILCS 5/2-105 (A) has been amended to provide that every party to a public contract must: "Have written sexual harassment policies that shall include, at a mini -mum, the following information: (1) the illegality of sexual harassment; (11) the definition of sexual harassment under State law; (111) a description of sexual harassment, utilizing examples; (IV) the vendor's internal complaint process including penalties; (V) the legal recourse, investigative and complaint process available through the Department ( of Human Rights) and the Commission (Human Rights Commission); (VI) directions on how to contact the Department and Commission; and (VII) protection against retaliation as provided by Section 6-101 of the Act. (Illinois Human Rights Act). (emphasis added) Pursuant to 775 ILCS 5/1-103 (M) (2002), a "public contract" includes: 0 Page 3 - AFFIDAVIT — BID CERTIFICATION FORM ...every contract to which the State, any of its political subdivisions or any municipal corporation is a party." (Narhe of Company) Water Meters and Accessories to the Village of Mount Prospect, hereby certifies that said Vendor has a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105 (A) (4). The undersigned certifies that all information contained in this Affidavit is true and correct, Signed by: (Name) (Title) Signed and sworn to before me 'I this --X "�'day of o 0 201 Notary Public My commission expires: 21 Village of Mount prospect Public Works Request for lids For Salt Brine & Calcium Chloride Solutions Mount Prospect Bid due date/time November 5, 2018 - 1:00 p.m. Mount Prospect Public Works Department 1700 W. Central Road, Mount Prospect, Illinois 60056-2229 Village of Mount Prospect Public Works Request for Bids Description: Salt Brine & Calcium Chloride Solutions Bid due date/time: November 5, 2018 at 1:00 p.m. Sealed bids will be received for Salt Brine & Calcium Chloride (Liquid). Bids will be received no later than 1:00 p.m. local time on November 5, 2018 at the office of Village Manager, Village of Mount Prospect, 3rd Floor, 50 South Emerson Street, Mount Prospect, Illinois 60056, and then publicly read aloud. Please place your bid in a sealed envelope clearly marked "SEALED BID — Salt Brine & Calcium Chloride Solutions" and with the following information: company's name, address, item bid, date and time of opening. Bidder is submitting pricing to supply liquid salt brine and calcium chloride throughout the 2018/2019 winter season. Bid deposit is waived and not required. No payment/performance bond is required. Bid packages are available for download from the Village of Mount Prospect website www.mountprospect.org/bids, The Village of Mount Prospect reserves and affirms the right to reject any or all bids, have pre -determined pre -qualifications, to waive any and all informalities, technicalities and irregularities in the bids, and to make an award based on the best interests of the Village. 2 VILLAGE OF MOUNT PROSPECT GENERAL CONDITIONS TO BIDDERS AND INSTRUCTION TO BIDDERS THE GENERAL TERMS AND CONDITIONS WHICH FOLLOW APPLY TO ALL PURCHASES AND BECOME A DEFINITE PART OF EACH FORMAL INVITATION TO BID, PURCHASE ORDER, OR CONTRACT ISSUED BY THE VILLAGE OF MOUNT PROSPECT ("VILLAGE"), UNLESS OTHERWISE SPECIFIED. BY SUBMITTING A BID, THE BIDDER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. BIDDERS OR THEIR AUTHORIZED REPRESENTATIVES ARE EXPECTED TO FULLY INFORM THEMSELVES OF THE CONDITIONS, REQUIREMENTS, AND SPECIFICATIONS BEFORE SUBMITTING BIDS, FAILURE TO DO SO WILL BE AT THE BIDDER'S OWN RISK AND THE BIDDER CANNOT SECURE RELIEF ON THE PLEA OF ERROR. 1.0 BIDDING PROCEDURES 1.01 PROPOSAL FORMS: Proposals shall be submitted on the forms provided properly completed in ink, signed in the appropriate places, and submitted in a sealed envelope. All information required by the Bid Documents must be supplied to constitute a responsive bid. The person signing the proposal must initial all erasures or revisions to the proposal. If the Bidder wishes to qualify its bid or make special stipulations thereto, such qualifications or stipulations shall be stated on standard letterhead size sheets of paper, separate from the proposal form but included with the sealed proposal. 1.02 SUBMISSION OF BIDS: All bid/proposals must be delivered to the Office of the Village Manager, third floor, 50 S. Emerson Street, Mount Prospect, IL 60056. All bids submitted must be received in an envelope by the Manager's office before the time specified for opening the bid. Bids must be identified as such on the outside of the sealed envelope. This can be done by label as may be provided by the Village, or by marking the envelope "SEALED BID — Salt Brine & Calcium Chloride Solutions" and with the following information: company's name, address, date and time of opening. Bids received prior to the opening will be securely kept, unopened. The Village Clerk or his/her agent will decide when the specified time for the bid opening has arrived, and bids will be opened as soon as practical after the assigned time. Formal sealed bids, amendments thereto, or requests for withdrawal of bids received after the time specified for the bid opening will not be considered. No responsibility will attach to the Village for the premature or non -opening of a bid not properly addressed and identified in a sealed envelope, except as otherwise provided by law. No faxed or e-mailed bids will be allowed or accepted. 1.03 ADDENDUM: Bidders shall acknowledge the receipt of any addendum interpreting the Specifications in the Bid Documents. 1.04 SAMPLES: Requested samples or drawings shall be delivered at no cost to the Village. The Village will not be responsible for damages to samples. Samples will be removed by the Bidder within (30) thirty days after notification. Samples must be submitted prior to the time set for the opening of the bid. 1.05 NO BID RESPONSE: In the event you do not submit a bid, return the Statement of No Bid, attached hereto as Exhibit 4, with an explanation as to why you are unable to submit a bid and clearly mark the proposal "No Bid". Failure to submit a bid or correspondence indicating why a bid is not being submitted may result in your company being removed from the Village Bid List. 1.06 QUESTIONS: General inquiries concerning the bid may be submitted to Scott Moe, Public Works Streets/Buildings Superintendent, 1700 W. Central Road, Mount Prospect, Illinois 60056, phone # 847-870-5640, fax # 847-253-9377 or e-mail to smoe msutt ro ect.or . Questions requiring a clarification or interpretation of the Specifications, as described in Section 4.00 of these Instructions, shall be submitted to the Public Works Streets/Buildings Superintendent, at the address above, in writing at least five business days prior to the bid opening. If necessary, a written response will be issued to all bidders in the form of an addendum. Whenever the answer to the question is contained in the bid documents, the Bidder shall be directed to the provision within the general conditions which responds to the question. The Village will not be responsible for any other explanation of the Specifications made prior to the bid opening. 1.07 BIDS BINDING FOR 90 DAYS: Unless otherwise specified, all formal bids submitted shall be binding for ninety (90) calendar days following the date of the bid opening unless. Bids submitted that are noted to be binding for less than 90 days may be deemed non- responsive at the sole discretion of the Village. 1.08 BID PROPOSAL FOR ALL OR PART: Unless otherwise specified, bids shall be submitted for all of the work or items for which the bids are requested. 1.09 ALTERNATE PROPOSALS: The Specifications describe the goods and/or service which the Village deems to be necessary to meet its performance requirements. Bidders desiring to bid on items which deviate from the stated Specifications, but which they believe to be equal, may do so, but all Specification deviations must be clearly noted on the Bid Sheet. The Village reserves the right to rule upon Specification deviation in a manner that best meets the needs of the Village. If a Bidder wishes to submit more than one bid, each bid after the first is to be considered an ALTERNATE. These bids must be placed in SEPARATE envelopes. The envelopes and Bid Sheet must be plainly marked, "ALTERNATE BID". 1.10 WITHDRAWAL OF BIDS: A written request for withdrawal of a bid will be granted if the request is received by the Village prior to the specified time of the bid opening. After the opening, the Bidder may not withdraw or cancel its bid for a period of ninety (90) calendar days, or such longer time as stated in the Bid Documents. 1.11 BID OPENING: Bids will be received in the office of the Village Manager, 3rd floor, Village of Mount Prospect, 50 South Emerson Street, Mount Prospect, Illinois, 60056, until the date and time set for the bid opening; the bids will be opened and read aloud. Bidders are encouraged to attend all openings and to offer constructive suggestions for improvements to bid format. 1.12 BID CERTIFICATION: All bid submittals must include a signed Affidavit - Bid Certification, a copy of which is attached hereto as Exhibit 3, certifying, among other things, that the Bidder is in compliance with Sections 33E-3 and 33E-4 of the Illinois Criminal Code regarding bid rotating and bid -rigging. 4 Illinois State Law Article 33E-3 and 33E-4 states that it is unlawful to participate in bid - rigging and/or bid rotating. Therefore, all bidders must certify that they are not barred from bidding on the Contract as a result of a violation of State Law 33E-3 and/or 33E-4, prohibiting bid -rigging and bid rotation. It is necessary that this be done under oath. Therefore, the affidavit must be notarized. 1.13 CONSIDERATION OF BID: No bid will be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to the Village upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the Village or failed to perform faithfully any previous contract with the Village. The bidder, if requested, shall present, within 48 hours, evidence satisfactory to the Village of performance ability and possession of necessary facilities, pecuniary resources and adequate insurance to comply with the terms of the Bid and Contract Documents. 1.14 Bid Documents: For purpose of this bid, the Bid Documents shall include the Request for Bids for Salt Brine and Liquid Calcium, including the General Conditions to Bidders and Instructions to Bidders and attachments, as well as any addendums that may be issued. 2.00 AWARDING THE BID 2.01 CRITERIA FOR AWARDING BID/RESERVATION OF RIGHTS: Bidders shall make all investigations necessary to thoroughly inform themselves regarding the equipment or supplies to be furnished in accordance with the bid. No plea of ignorance by the Bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the Bidder to make the necessary examinations and investigations will be accepted as a basis for varying the requirements of the Village of the compensation to the Bidder. Any exceptions not taken by the Bidder shall be assumed by the Village to be included. A contract will be awarded to the lowest responsible Bidder complying with the Bid Documents only when it is in the best interest of the Village to accept the bid. The Village shall be the sole judge of compliance with the Bid Documents and reserves the right to accept or reject any and/or all bids or parts thereof, have pre -determined pre -qualifications, to waive any and all informalities, technicalities and irregularities in the bids, and to make an award based on the best interests of the Village. 2.02 NOTICE OF AWARD: 2.03 AWARD OF ALL OR PART: Unless otherwise specified by the Village, the Village reserves the right to make an award on all items, or on any of the items according to the best interests of the Village 2.04 ACCEPTANCE: After the Village's acceptance and award of the bid, the successful Bidder will enter into a written contract with the Village that will include the requirements of this General Conditions and Instructions to Bidders, and all other portions of the Bid Documents, including the Specifications (hereinafter collectively the "Contract"). For purposes of this bid, the successful Bidder, who enters into a Contract with the Village, shall be the "Vendor". 4.00 SPECIFICATIONS 4.01 SPECIFICATIONS: The items subject to this bid are Salt Brine & Liquid Calcium Chloride Solution. The Specifications for such materials, including quantity, are described on the Specifications and Bid Sheet, which are attached hereto as Exhibits 1 and 2 (the "Specifications"). All equipment and material bids shall be in accordance with all applicable Federal, State and local laws, rules and regulations in effect at the time of bid. 4.02 BRAND NAME; WARRANTY: The brand name and/or manufacturer of each item proposed must be clearly stated. Guarantee and/or warranty information must be included with the bid. 4.03 NEW GOODS, FRESH STOCK: Unless otherwise specifically stated, new commodities, fresh stock, latest model, design or package, shall be provided. 4.04 TRADE NAME USED BY VILLAGE: Unless otherwise stated, any reference in the Specifications to a detailed manufacturer is for descriptive, not restrictive purposes, indicating articles that are satisfactory. Bids on other makes and catalogs will be considered, provided the Bidder clearly states exactly what the Bidder proposes to furnish; or forwards with the bid, a cut, illustration, or other descriptive matter which will clearly indicate the character of the article covered by the bid and that it meets the intended requirements. 4.05 TRADE NAME USED BY BIDDER: Where the Bidder identifies an item by manufacturer's name, trade name, catalog number, or reference, the Bidder shall furnish the item so identified and shall not propose to furnish an "equal" unless the proposed "equal" is definitely indicated within the bid. 4.06 PROPOSED EQUIVALENTS: The manufacturer and model specified is provided to indicate the quality minimums expected by the Village. Where Specifications provide detailed information regarding certain manufacturers and models, equivalent products shall be accepted for consideration. Equivalent products shall be equivalent as to quality, function, design, features and overall warranty of products proposed. It shall be the determination of the Village's user department or designee to judge and conclude if a product is acceptable as an equivalent. All products proposed as part of this purchase shall be designed specifically for the intended use. If no particular brand, model, or make is specified, and if no data are required to be submitted with the bid, the Specifications may require the Bidder to submit working drawings or detailed descriptive data sufficient for the Village to determine if each requirement of the Specifications is being complied with prior to manufacture or shipment. 4.07 SPECIAL CONDITIONS: Wherever special conditions/requirements are written into the Specifications or Special Provisions which are in conflict with conditions stated in these Instructions to Bidders, the conditions stated in the Specifications or Special Provisions/Requirements shall take precedence. 4.08 PERMITS AND LICENSES: The successful Bidder shall obtain, at its own expense, all permits and licenses that may be required to complete the Contract (where applicable). 0 4.09 COMPLIANCE WITH FREEDOM OF INFORMATION ACT Section 7 of the Illinois Freedom of Information Act (FOIA) 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. The successful Bidder/Vendor 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. The undersigned 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 the Contract. 5.00 PRICE 5.01 NET PRICES: Bid prices, unless otherwise specified in the Specifications, must be net, including transportation and handling charges fully prepaid by the Vendor to delivery point. Unit prices shall not include any local, state or federal taxes. 5.02 PRICE REDUCTION: If at any time after the date of the bid or offer, the Vendor makes a general price reduction in any material covered by the Contract, an equivalent price reduction shall apply to the contract for the remaining Contract period (or until the price is further reduced). Such price reduction shall be effective at the same time and in the same manner as the reduction in the price to Vendor's customers generally. For purpose of this provision, a "general price reduction" shall mean any horizontal reduction in the price of an article or service offered (1) to Vendor's customers generally, or (2) in the Vendor's price schedule for the class of customers, i.e., wholesalers, jobbers, retailers, etc., which was used as the basis for bidding on this contract. An occasional sale at a lower price would not be considered a "general price reduction" under this provision. The Vendor shall invoice the Village at such reduced prices indicating on the invoice that the reduction is pursuant to the "Price Reduction" provision of the Contract documents. The Vendor, in addition, shall within ten calendar days of any general price reduction notify the Village of such reduction by letter. Failure to do so may result in termination of the Contract. Cash discounts will not be considered in determining overall price, but may be used in an overall evaluation. 5.03 TAX EXEMPTION: Illinois Retailers Occupation Tax, Use Tax and Municipal Retailer's Occupation Tax do not apply to materials or services purchased by the Village. The Village is exempt, by law, from paying state and village retailer's occupation tax, service occupation tax, and federal excise tax. The Village will supply the successful Bidder with its tax exemption number. 5.04 ERRORS IN BID PRICES: When an error is made in extending total prices, the unit bid price will govern. Erasures or changes in bids must be initialed by the Bidder. 6.00 QUANTITIES 6.01 SPECIFIC BID QUANTITIES: Where quantities are specifically stated, acceptance will bind the Village to order and pay for, at Contract prices, all such supplies or services delivered that meet the Specifications and conditions of the Contract. 6.02 REQUIREMENTS OR ESTIMATED BID QUANTITIES: On "Requirements or Estimated Bid Quantities," acceptance will bind the Village to pay for, at unit bid prices, only quantities ordered and delivered. Any reference to forecasted or estimated quantities within the bidding documents is intended to inform the bidder of approximate annual requirements. 7.00 DELIVERY PROVISIONS 7.01 PLACING OF ORDER: Orders against Contract will be placed with the Vendor on a purchase order executed and released by the Village. Telephone, facsimile or electronic orders placed directly with the Vendor by the Public Works Department may be authorized by the Village only after execution of a blanket purchase order. 7.02 Delivery of Order: Orders placed must be delivered to the Public Works facility (1700 W Central Rd, Mount Prospect, IL) within 72 hours of the order being placed. The 72 hours includes weekdays and weekends. 7.03 RESPONSIBILITY FOR MATERIALS SHIPPED: The Vendor shall be responsible for the materials or supplies covered by this Contract until they are delivered at the designated point. Rejected materials or supplies must be removed by and at the expense of the Vendor promptly within (5) five calendar days after notification or rejection. The Vendor shall be responsible for rejected goods after notice of rejection. 7.04 DELIVERY FAILURESUDEFAULT: In the event of the Vendor's nonperformance or breach of the Contract terms, the Contract may be canceled, in whole or in part, upon the Village's written notice of default and the Vendor's failure to cure such default within ten (10) calendar days of the notice. The Vendor shall be liable to the Village for all costs incurred in completion of the Contract. In the event any defects or imperfections in the materials or workmanship to be furnished by the Vendor appear within the period of one (1) year from the date of completion of all the work or delivery of all the materials or supplies contemplated by the Contract, and acceptance by the Village, the Vendor will, upon notice from the Village (which notice may be given by letter to the Vendor at its business address shown on the bid or Contract), repair and make good at its own cost and such defects or imperfections and replace any defective or imperfect materials or workmanship with other materials or workmanship satisfactory to the Village, and furnish all such new materials and labor as may be necessary to do so. In the event of the failure, refusal or delay of said workmanship or materials, the Village may do so or have same done by others, and the Vendor and surety or sureties on its bond given for the faithful performance of the Contract shall be liable to the Village for all damages and expense occasioned by such failure, refusal or delay. The Vendor may not be liable in damages for delay in performance when such delay or failure is the result of fire, flood, strike, the transporting carrier, act of God, or by any other circumstances which are beyond the control of the Vendor. Under such circumstances, however, the Village may, at its option, cancel the Contract. 7.05 INSPECTION OF GOODS: Inspections and acceptance of materials or supplies will be made after delivery. Final inspection shall be conclusive except as regards latent defects, fraud, or such gross mistakes as to amount to fraud. Final inspection and acceptance or rejection of the materials or supplies will be made as promptly as practicable. All delivered materials shall be accepted subject to inspection and physical count. 7.06 PACKING SLIPS OR DELIVERY TICKETS: All shipments or deliveries shall be accompanied by packing slips or delivery tickets and shall contain the following information for each item delivered: (a) Purchase order number (b) Name of the article and stock number (c) Quantity ordered (d) Quantity shipped (e) Quantity back ordered (f) Name of the Vendor 8.00 GENERAL RESPONSIBILITY PROVISIONS 8.01 REQUIREMENT OF BIDDER: The successful Bidder shall, within fifteen (15) days after notification of the award: a) enter into a contract in writing with the Village covering all matters and things as are set forth in these General Conditions and Instructions to Bidders, the Specifications and its bid; and b) carry insurance as described in Section 8.07 of these Instructions. 8.02 TERM OF CONTRACT: This contract shall be in effect from the date of signing through May 31, 2019. 8.03 COMPLIANCE WITH ALL LAWS: All work under the Contract must be executed in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. 8.04 CONTRACT ALTERATIONS: No amendment of a Contract shall be valid unless made in writing and signed by both parties. 8.05 GENERAL GUARANTY: Bidder/Vendor agrees to: (a) Save the Village, its agents, and employees harmless from liability of any nature or kind for the use of any copyrighted or un -copyrighted composition, secret process, patented or unpatented invention, article, or appliance furnished or used in the performance of the Contract which the Bidder is not the patentee, assignee, licensee, or owner; and (b) Protect the Village against latent defects in materials or workmanship and to repair or replace any articles damaged or marred in transit or during delivery; and (c) Neither the final certificate of payment, nor any provision in the Contract, nor partial or entire use of the equipment/product 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 Bidder/Vendor of liability in respect to any express warranties or responsibility for failure to comply with the terms of those Contract Documents; and (d) By submitting a bid, Bidder expressly warrants that materials furnished under the Contract will be of good quality. 8.06 NOTICES: All notices required under the Contract shall be given in writing. Notices to the Village shall be as follows: Village of Mount Prospect Public Works Department 1700 W. Central Road Mount Prospect, Illinois 60056 Attn: Scott Moe Notice to the Vendor shall be at the address set forth on the Bid Sheet. Notice shall be effective upon the date of receipt by personal service or as evidenced by a valid return receipt. The name and/or address to which notice is required may be amended at any time by written notice to the other Party as provided herein. 8.07 ASSIGNMENT: Assignment of the Contract or any part thereof, or any funds to be received thereunder by the Vendor shall be subject to the written approval and sole discretion of the Village. Such assignment shall not relieve the Vendor from its obligations or change the term of the Contract. 8.08 INSURANCE: At the Vendor's expense, the Vendor shall secure and maintain in effect throughout the duration of the Contract, insurance in adequate limits to cover all locations of the Vendor's operations. The Vendor shall furnish certificates of insurance to the Village prior to proceeding with the obligation for services or purchases under this bid. The Bidder/Vendor understands and agrees that any performance bond or insurance protection required by the Contract or otherwise provided by Bidder/Vendor, shall in no way limit the responsibility to indemnify, keep and save harmless, and defend the Village as herein provided. Unless otherwise specified, the limits of liability for the insurance required shall provide coverage for not less than the following amounts, or greater where required by law: a. Comprehensive General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, death and property damage. Minimum general aggregate shall be no less than $3,000,000. A copy of the policy may be required. b. Automobile Liability: $1,000,000 single limit per accident for bodily injury with a minimum aggregate of $1,000,000. $1,000,000 single limit per accident for property damage with a minimum aggregate of $1,000,000. Said insurance is to be extended to cover hired and non -owned vehicles. C, Workers' Compensation: is to be provided as required by State statue, by an insurance company licensed to write worker's compensation coverage in the State of Illinois. d. Employer's liability: $1,000,000 per accident. e. Insurance Rating: All insurance policies required by this contract shall be underwritten by insurance companies with a minimum A.M. Best rating of A: VII. 10 Vendor shall maintain all insurance required under subsections a through a of this Section for not less than one (1) year after completion of the Contract. 8.09 INDEMNITY: The Bidder (Vendor), throughout the duration of the Contract, shall indemnify and save harmless the Village of Mount Prospect, its officers, agents and employees from any and all liability, losses or damages, including attorney's fees and costs of defense, the Village may suffer as a result of claims, demands, suits, actions or proceedings of any kind or nature, including worker's compensation claims, in any way resulting from or arising out of the operations of Vendor under the Contract, including operations of subcontractors; and the Vendor shall, at its own expense, appear, defend and pay all fees of attorneys and all costs and other expenses arising there from or incurred in connection therewith; and, if any judgments shall be rendered against the Village in any such action, the Vendor shall, at its own expense, satisfy and discharge same. 8.10 MATERIAL SAFETY DATA SHEETS: Federal law requires that chemical manufacturers and importers must develop an MSDS for each hazardous chemical they produce or import, and must provide the MSDS automatically at the time of the initial shipment of a hazardous chemical to a downstream distributor or user, or anytime the chemical makeup of the product is changed. Distributors must also ensure that downstream employers are similarly provided an MSDS. If the above paragraph applies to this bid, the Vendor must submit Material Data Sheets which include information regarding the specific chemical identity of the hazardous chemical(s) involved and the common names. In addition, information must be provided on the physical and chemical characteristics of the hazardous chemical; known acute and chronic health effects and related health information; exposure limits; whether the chemical is considered to be a carcinogen by NTP, IARC, or OSHA; precautionary measures; emergency and first-aid procedures; and the identification of the organization responsible for preparing the sheet. 8.11 EQUAL EMPLOYMENT OPPORTUNITY: The Equal Employment Opportunity Clause, 44 IL. Adm. Code 750 Appendix A, which is set forth below, is incorporated by reference into every bid specification and contract. Every Vendor (contractor) and subcontractor shall comply with the provisions of the Equal Employment Opportunity Clause. In the event of the contractor's noncompliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Illinois Department of Human Rights Rules and Regulations, the contractor may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be canceled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the contractor agrees as follows: (a) That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental disability unrelated to ability, or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women 11 are underutilized and will take appropriate affirmative action to rectify any such underutilization. (b) That, if it hires additional employees in order to perform this contract or any portion hereof, it will determine the availability (in accordance with the Department's Rules and Regulations) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. (c) That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental disability unrelated to ability, or an unfavorable discharge from military service. (d) That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the contractor's obligations under the Illinois Human Rights Act and the Department's Rules and Regulations. 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 and Regulations, the contractor will promptly so notify the Illinois Department of Human Rights and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations there under. (e) That it will submit reports as required by the Illinois Department of Human Rights Rules and Regulations, 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 and Regulations. (f) That it will have written sexual harassment policies that shall include, at a minimum, the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment under State law; (iii) a description of sexual harassment, utilizing examples; (iv) an internal complaint process including penalties; (v) legal recourse, investigative and process available through the Illinois Department of Human Rights and the Illinois Human Rights Commission; (vi) directions on how to contact the Department and Commission; (vii) protection against retaliation. A copy of the policies shall be provided to the Department upon request. (g) That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Illinois Department of Human Rights for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules and Regulations. (h) 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 each subcontractor. In the same manner as with other provisions of the 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 Illinois Department of Human Rights in the event any subcontractor fails or refuses to comply therewith. In addition, the contractor will not utilize any subcontractor declared by the commission to be ineligible for contracts or 12 subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. 9.00 PAYMENT 9.01 INVOICES: Unless otherwise authorized by the Village, Vendor must submit single invoice copies for each purchase order immediately upon completion of shipment, or services. Partial payments may be acceptable if previously approved. If shipment is made by freight or express, original bill of lading, properly receipted, must be attached to invoice. Mail all invoices to: VILLAGE OF MOUNT PROSPECT Public Works Department, Accounts Payable 1700 W. Central Road Mount Prospect, IL 60056 The Village provides payment in compliance with the Illinois Prompt Payment Act (50 ILCS 505/1 et seq.). 13 EXHIBIT 1 SPECIFICATIONS and Other Conditions Failure to comply with any of these requirements is sufficient cause for rejection of proposed Salt Brine & Calcium Chloride (Liquid). The Village of Mount Prospect reserves the right to accept only those materials that are in full compliance with the specifications and deemed most advantageous to its interests. Delivery shall be FOB to the Village of Mount Prospect Public Works facility, 1700 West Central Road, Mount Prospect, Illinois 60056. Deliveries shall be made within 72 hours from the date and time of order and consist of 4000 gallons or more of the material. LIQUID SALT BRINE (SODIUM CHLORIDE 22 - 24%) DESCRIPTION Liquid sodium chloride for winter time usage is typically a concentration 22-24 %. It is an odorless, slightly alkaline, water -white fluid. It is widely used for deicing. Water soluble green dye is available for identification purposes. PHYSICAL PROPERTIES Appearance Odor Specific Gravity Density Lowest effective deicing temperature CHEMICAL PROPERTIES Chemical pH TYPICAL ANALYSIS Sodium Calcium Magnesium Potassium Total chlorides Green, clear None 1.185 to 1.215 9.90 —10.15 lbs per gallon 10°F NaCl slightly alkaline 69,000 ppm NMT ..... 38,400 ppm NMT .... 6,500 ppm NMT .... 29,000 ppm 175,000 ppm 14 LIQUID CALCIUM CHLORIDE 32 % DESCRIPTION Liquid calcium chloride for winter time usage is typically a concentration 31.5-32.5 %. It is an odorless, slightly alkaline, water -white fluid. It is widely used for deicing and as an accelerator for ready -mix concrete curing. Water Soluble blue dye is available for identification purposes. PHYSICAL PROPERTIES Appearance Odor Specific Gravity Density Lowest effective deicing temperature CHEMICAL PROPERTIES Chemical CaCI Clear, colorless water white liquid None 1.295 to 1.32 10.98 — 10.99 lbs per gallon -20°F PH slightly alkaline Impurities Alkali Chlorides < 0.1 Magnesium as MgCI < 1% 15 EXHIBIT 2 Salt Brine & Calcium Chloride Solutions Bid Sheet The undersigned herewith submits a bid on Salt Brine & Calcium Chloride Solutions 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 November 5, 2018. SCHEDULE OF PRICES We will perform the services as outlined Salt Brine & Calcium Chloride Solutions for sums as follows: .. �..... .�_..m Description Estimated Unit of Unit Price w ......... Total $ Quantity Measure (Column B) Amount (Column A) (Column A x Column 13 Liquid ___..........._ q 0,000 Salt 2 ........��. Gallon Solution 22-24% Liquid Calcium 40,000 Gallon Chloride 32% Total (Total $ Amount Liquid Salt + Total $ Amount Liquid Calcium Chloride) Total Village Salt Brine & Calcium Chloride Solutions Contract: $ ........per year Submitted this day of , 2018. Name of Company/Firm 16 Address of Company/Firm Phone: Date submitted., 12018 Also note any exceptions to the specifications. COMPANY OWNER ADDRESS CITY, STATE, ZIP PHONE # SIGNATURE DATE 2018 Note: All bids to remain firm for ninety (90) days. Be sure to mark the outside of the envelope, "Sealed Bid for Salt Brine & Calcium Chloride Solutions." I understand that the Village reserves the right to waive any irregularities, technicalities, and informalities, contained in any bid and to reject any and all bids. The Village will award on one or more items, based on lowest responsible price/bid for that specific individual item. 17 By signing this bid, I certify that I have the authority to submit this bid on behalf of the named Bidder. Date Signature _ Printed Name Title Company Telephone Email 18 Vendor Name Address EXHIBIT 3 VILLAGE OF MOUNT PROSPECT AFFIDAVIT — BID CERTIFICATION FORM 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 right 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 (hereinafter referred to as Vendor) (Name of Company) and has the authority to make all certifications required by this affidavit. Section I Non Collusion The undersigned certifies that this bid is genuine and not collusive or sham, that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, to fix the bid price element of this bid, or of that of any other bidder, or to secure any advantage against any other bidder or any person interested in the proposed contract. Section II Bid Rigging and Rotating The undersigned hereby certifies the Vendor isnot 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. 19 Page 2 - AFFIDAVIT — BID CERTIFICATION FORM Section III Illinois Drug Free Workplace Act The undersigned further states that the Vendor provides a drug free workplace pursuant to Illinois Statues, 30 ILCS 580/1, et seq and provides compliance with necessary requirements. Section IV Tax Payment The undersigned further states that the Vendor is not delinquent in payment of any taxes to the Illinois Department of Revenue, in accordance with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned understands that making a false statement regarding delinquency in taxes is a Class A Misdemeanor and, in addition voids the contract and allows the municipality to recover all amounts paid to the individual or entity under the contract in civil action. It is expressly understood the foregoing statements and representations and promises are made as a condition to the right of the bidder to receive payment under any award made under the terms and provisions of this bid. Section V SEXUAL HARASSMENT POLICY Pursuant to Public Act 87-1257, effective July 1, 1993, 775 ILCS 5/2-105 (A) has been amended to provide that every party to a public contract must: "Have written sexual harassment policies that shall include, at a mini -mum, the following information: (1) the illegality of sexual harassment; (II) the definition of sexual harassment under State law; (III) a description of sexual harassment, utilizing examples; (IV) the vendor's internal complaint process including penalties; (V) the legal recourse, investigative and complaint process available through the Department ( of Human Rights) and the Commission (Human Rights Commission); (VI) directions on how to contact the Department and Commission; and (VII) protection against retaliation as provided by Section 6-101 of the Act. (Illinois Human Rights Act). (emphasis added) Pursuant to 775 ILCS 5/1-103 (M) (2002), a "public contract" includes: 20 Page 3 - AFFIDAVIT — BID CERTIFICATION FORM ...every contract to which the State, any of its political subdivisions or any municipal corporation is a party." , having submitted a bid for (Name of Company) Water Meters and Accessories to the Village of Mount Prospect, hereby certifies that said Vendor has a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105 (A) (4). The undersigned certifies that all information contained in this Affidavit is true and correct. Signed by: (Name) (Title) Signed and sworn to before me this day of „ 201 My commission expires: Notary Public 21 EXHIBIT 4 VILLAGE OF MOUNT PROSPECT STATEMENT OF NO BID We, have declined to bid on your Bid for for because of the following reason(s): Specifications are too "tight" i.e. geared toward brands or manufacturers only, Insufficient time to respond to the invitation to bid/request for quotation. We do not carry this product or equivalent. Our schedule would not permit us to perform. Unable to meet required specifications. Specifications unclear. (Use remarks) Other. (Use remarks) Remarks: Vendor.- Signature: endor:Signature: Title, Date:. 22