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Home My WebLink About 8.1 Motion to accept bid for Water Meter Services4/28/2020 BoardDocs® Pro Agenda Item Details Meeting Apr 21, 2020 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - 7:00 p.m. %Ca teg o ry 9. VILLAGE MANAGER'S REPORT Subject 9.1 Motion to accept bid for Water Meter Services in an amount not to exceed $149,596-70. Access Public Type Action Preferred Date Apr 21 2020 Absolute Date Apr 21, 2020 Fiscal Impact Yes Dollar Amount 149,596.70 Budgeted Yes Wriget Source Water and Sewer Fund Recommended Action Accept the proposal for Water Meter Services as submitted by HBK Water Meter Services of Rolling Meadows, Illinois in an amount not to exceed $149,596-70. Public Content V r, T COT F "IT. 1 = In order to limit water loss or unaccounted water consumption in the Village -Owned potable water distribution system; Public Works routinely performs water meter testing, water meter replacements and meter repairs on a scheduled basis. This work generally requires access to water meters installed behind locked doors on private property. As 2 consequence; it is often necessary to schedule appointments with property owners prior to performing this task. In addition to this work; inspections of sump pumps and storm water conveyances installed on private property are also performed. These inspections are required by Village Code and are pursuant to the Village's Long -Term Maintenance obligations under the Metropolitan Water Reclamation District of Greater Chicago (MWRDGC) Sewer Ordinance. The MWRDGC requires that the Village inspect at least 2% of all single family homes each year. Also, included is the identification of the type of pipe material used in the water service as this is a State of Illinois regulation being implemented by the Illinois Department of Public Health and the Illinois Environmental Protection Agency as part of lead and copper mitigation efforts. All of this work will be scheduled in one appointment to reduce the inconvenience to the property owner. The scope of work also includes significant outreach to solicit customer appointments. Up to three (3) attempts t1f: schedule appointments are required for each meter. The successful contractor is also required to enter asset inventory data and testing records directly into the Public Works Department work management software (Cartegraph) via a virtual private network (VPN) computer connection. The Village has awarded a multi-year water meter testing,, replacement and repair contracts since 1985. The clear water inspection of sump pumps and downspouts was added in 1999. https://go.boarddocs.com/il/vomp/Board.nsf/Public 1/5 4/28/2020 BoardDocs® Pro past,In the - water meterreplacement program •-• out .!! • :11.911 meters annually. Since tht automated water meter reading (AMR) system effort was completed, the number of water meters to be replaced each. year has been -• to 500-600 meters. Additionally, approximately 120 commercial ter meters are annually tested for accuracy in accordance with national standards. Staff prepared a detailed set of specifications for each of the efforts and requires that the contractor maintain unit pricing for the three-year contract period. No price increases will be allowed during the three-year period. A copy of the specifications is attached. The successful contractor is required to be a licensed plumbing contractor in the State of Illinois and to employ properly plumbers to perform • The Water Meter Services bid was sent to five (5) firms and the notice to bidders was posted on the Village's website using the Demandstar online bid service. The companies that received the bid specifications were Professional Meters,, Inc., Vanguard Utility Services, Inc.,, HBK Water Meter Services,, Inc.,, M.E. Simpson and Calumet City Plumbing Co. Sealed bids were received on April 6, 2020. One (1) contractor submitted a bid for this project., two declined and two were unresponsive. HBK Water Meter Services,, Inc. of Rolling Meadows was the contractor to submit. M.E. Simpson and Professional Meters, Inc. were the two contractors to decline and Calumet City Plumbing Co. Inc. and Vanguard Utility Service t • not respond. Meter Installation / Replacement HBK HBK Meter size QTY Price Extended Price 5/8" x 1/2" or 3/4" M25 Badger AMR 0 $100.00 3/4" M35 Badger AMR 5 $100.00 $500.00 1" M55 Badger AMR 42 $115.00 $4,830 1-1/2" Metron with Innov8 Register 92 $175.00 $16,100 2" Metron with Innov8 Register 5 $248.00 $1,240 3" Metron with Innov8 Register 2 $375.00 $750.00 4" Metron with Innov8 Register 1 $470.00 $470.00 Water Meter Body Exchange and endpoint re -install - 5/8 - 3/411or 1 flat rate fee per meter size 453 $105.00 $47,565.00 5/8" PDM 5 $25.00 $125.00 3/4" PDM 5 $25.00 $125.00 1" PDM 5 $33.00 $165.00 1-1/2" PDM 1 $43.00 $43.00 2" PDM 1 $137.00 $137.00 3" PDM 1 $137.00 $137.00 4" PDM 1 $160.00 $160.00 8" PDM 1 $180.00 $180.00 Water Meter Testing / repair Meter size 1st test 2" Si 40 $175.00 $7,000 2" Compound $175.00 3" Si 30 $175.00 $5,250 3" Compound $175.00 https://go.boarddocs.com/il/vomp/Board.nsf/Public 2/5 4/28/2020 BoardDocs® Pro 4" Si 30 $275.00 $8,250 4" Compound $275.00 8" Si 1 $320.00 $320 In -shop Meter Testing 5/8", 3/4", 1", 1-1/2" Meters, 0 $35.00 Village to remove/install meters 5/8", 3/411, 1 ", 1-1/2" Meters, Contractor to remove/install 0 $325.00 meters Install Remote Register and 0 $220.00 Meter With up to 50' cabling Install Remote AMR and 0 $125.00 Endpoint With up to 50' Cabling Broken appointment fee 0 $50.00 Percentage Markup on repair 50% pa its Private Building Surveys Per Survey Site w/ Meter or Meter 300 $60.00 $18,000 body exchange Per Survey Site W/O Meter or 200 $62.00 $12,400 Meter body Exchange Re -inspection FEE 150 $55.00 $8,250 Per Mailing Fee 1000 $4.00 $4,000 Grand Total $135,997 WaterHBK - -r Services submitted a • • •• • in the amountof 1''. of - total bid as required in the • •' • ••• Typically,packet. Their submitted bid was also checked for its accuracy. HBK correctly signed their bids and bid bonds. i HBK Water Meter Services, Inc. has been the Village's water meter replacement,, meter testing and internal buildin inspection contractor for previous contracts and has an outstanding record of service with the Village. i • •' be - to move forward with • - • •; however,,• a rebid would most likelynot produce a different result. It is the opinion of staff that regulatory requirements and market constraints tend to limit competition for • Notably, the Illinois Department of Public Health requires that a vendor must be a licensed plumbing contractor to complete - -• - -requirement• • on the number of qualified bidders. - - of - meters • meter testing• •rs completing this worksolely focusing on -ter replacements and t- • Historically,- • been licensed plumbers. requirements to become a licensed plumbing contractor- onerous resultin• in a numberof - - replacement Simpson) to abandon meter -p - - •Illinois. However, there are firms focusing on meter replacements that have the required plumbing license (i.e. Professional Meters Inc. (PMI)). Staff conversations with PMI suggest that their business model is based on large volum4 contracts requiring the replacement of thousands of meters in a matter of months. Their business is not as viable when applied to smaller contracts such as ours. It is seemingly the proverbial "Catch-22" that firms seeking smaller contracts do not want to take on the State of Illinois licensing requirements while firms; willing to obtain licensing do not • inspectionIn addition to meter replacement and testing, the Village also requires the successful contractor to complete an of each • ••- pump and storm- • The Village combines with meter-• to minimize the inconvenienceto homeowners by • • • all interiorone visit. These building inspections, or colloquially - "sump pump" inspections,, are required by the Metropolitan Water https://go.boarddocs.com/il/vomp/Board.nsf/Public 3/5 4/28/2020 BoardDocs® Pro Reclamation District of Greater Chicago (MWRDGC). Notably, these inspections are not routinely required outside this MWRDGC service area (Cook County); a constraint that tends to further limit the number of potential bidders. I The prices submitted by HBK represent a slight increase over the most recent bid submitted in 2017. There have beer no price increases since 2017. Furthermore, the proposed contract holds prices flat (no increases) for the entire term no price increases through 2022). The two primary cost drivers of the current bid are (1) meter body/endpoint replacement and (2) building inspection with meter replacement. These costs increase 10% and 9% respectively. The consumer price index (CPI) has increased 5.5% since 2017. Assuming historical escalation., costs at the end of the proposed contract term (2022) will approximately be the same as costs paid in 2017 when adjusted for inflation. Finally, it is significant to note that HBK's current bid prices are lower than the second lowest bid submitted in 2017. Staff is confident that the bid submitted by HBK is responsive and competitive. Further, staff is confident that HBK has the experience and skills necessary to prosecute the proposed contract successfully. The total contract for year one (20 20) will be $135,997. The available funding for year one (20 20) of the three-year contract for the tasks under this bid is $172,214-00. The contract award for year 2021 and 2022 will be limited to annual funding levels approved by the Village Board. Staff is recommending a 10% contingency be added to the award to adjust for the actual quantities tested,, inspected and or repaired during the year. This contingency will bring the contract award amount to $149.,596.70. Please note that all non -emergency water meter replacements,, tests,, and building inspections have been temporarily suspended due to COVID-19 contagion concerns. Work requiring interior access to homes and businesses will not be resumed until conditions warrant. Staff is hopeful that this work can be safely resumed later this year. In addition, please be aware that there are no contract minimums or required payments associated with this contract. If no work is performed, no payment is due. Furthermore, work slated for this year, but not completed, can be aggregated and carried to subsequent years of the contract without penalty. OR47M. 1. Accept proposal for water meter service 2. Action at discretion of Village Board. I Staff Recommendation Staff recommends accepting the results from the Water Meter Services bid to HBK Water Meter Services of Rolling MeadowsIllinois in an amount not to exceed $149,596.70 in 2020. Sufficient funds exist in the current 2020 budget for this project. Expenditures in 2021 and 2022 will be at the contract rates, but limited funds appropriated in 2020 budget HBK Bid Submital.pdf (1,725 KB) M.E. Simpson response letter.pdf (53 KB) Water Meter Services Contract Bid Specifications 2020-2022 - Due 4-6-2020.pdf (229 KB) Administrative Content Executive Content https://go.boarddocs.com/il/vomp/Board.nsf/Public 4/5 4/28/2020 Motion & Voting BoardDocs® Pro Accept the proposal for Water Meter Services as submitted by HBK Water Meter Services of Rolling Meadows, Illinois in an amount not to exceed $149,596-70. Motion by Paul Hoefert, second by Richard Rogers. Final Resolution: Motion Carries Yea: Paul Hoefert, William Grossi,, Eleni Hatzis, Colleen Saccotelli., Michael Zadel,, Richard Rogers https://go.boarddocs.com/il/vomp/Board.nsf/Public 5/5 EXHIBIT A (Upon award of contract, to be attached to Water Meter Services Contract 2020-2022 as Exhibit A) Pill osal Form Village of Mount Prospect WATER METER SERVICES CONTRACT 2020-2022 Owner Name: John P. and Sandra G. Grossi Address: 1428 Eddy Lane - Lake Zurich, Illinois 60047 Business Name,* HBK Water Meter Service , Inc. Business Address:' P.O. Box 759 - Palatine, Illinois 60078 Home Phone*. 847-833-9253 Business Phone: 847-202-4389 This Business is a-, Individual Proprietorship [� Joint Venture El Partnership R Corporation '-f applicable, give names, addresses, and dates of birth of all partners, officers or directors. Name �W� John P. Grossi 1428 Eddy Lane - Lake Zurich, Illinois 60047 01/25/1962 1 Sandra G. Grossi 1428 Eddy Lane - Lake Zurich , Illinois 60047 06/23/1963 Roberto Magana 20 Wildwood Trail - Cary, Illinois 60013 12/28/1981 Mas the applicant, business, or member of the business ever had a license or contract revoked, suspended or cancelled? 0 YES NO If yes, explain in full detail on a separate sheet of paper. M Does the business currently hold a license or have a contract with any other municipality for service? ® YES M NO If yes, explain in full on a separate sheet of paper. Have any complaints against the business been filed with the Illinois Commerce Commission, the Office of the Illinois Attorney General, or any other governmental body during the period of one year prior to the date of this proposal? F-1 YES [-X1 NO If yes, explain in full on a separate sheet of paper. Please note, the Village reserves the right to conduct its own search with the Illinois Commerce Commission, the Illinois Attorney General, or any other governmental body, and may take into consideration any complaints and/or pending complaints made against the business or owner. Services will be either full service cleaning, both inside and outside, or just outside cleaning. In submitting this Proposal Form requesting award of the Village of Mount Prospect Catch Basin and Inlet Cleaning Contract 2014-2015, 1 hereby certify that: In submitting this Proposal Form requesting award of the Village of Mount Prospect Catch Basin and Inlet Cleaning Contract 2014-2015, 1 hereby certify that: 1 1 will not assign or subcontract window cleaning services for the Village without prior written approval of the Corporate Authorities of the Village of Mount Prospect; 2., Neither 1, nor any person who will be working on my behalf, has ,been convicted under the laws of Illinois or any other state of an offense which under the laws of this state would be a felony involving the theft of property, violence to persons, or criminal damage to property. Please note that in the case of a person whose last conviction was more than two years past, and can demonstrate a compelling showing that he/she is nevertheless fit, such person or operator may be approved by the Village Manager if otherwise eligible; 3. 1 am not barred by law from contracting with the Village because of a conviction for prior violations of either Sections 33E-3 or 33E-4 of the Illinois Criminal Code of 1965 (720 ILCS 5/33E-3 (Bid Rigging) or 720 ILCS 5/33-4 (Bid Rotating)); 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 seg J. ; 6. 1 shall comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et ), 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; M 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 90" 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 Water Meter Services Contract 2020-2022, 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 Water Meter Services Contract 2020- 2022. Name of Company HBK Water Meter Service, Inc. Sandra G. Grossi Bid Submitted By Position in Company President Phone No. 847-202-4389 Date 04/02/2020 Bidder must use the official firm name and authorized representative must sign,, WO BID FORM Water Meter Services Contract 2020-2022 Village of Mount Prospect Department of Public Works FROM: HBK Water Meter Service , Inc, (hereinafter called "Bidder") TOT Office of the Village Manager, 3rd Floor 50 South Emerson Street Mount Prospect, Illinois 60056 (hereinafter called "Village" or "Village of Mount Prospect") Water Meter Services Contract 2020-2022 The bidders have familiarized themselves with the services to be performed and probable work conditions required under this Bid affecting the cost of the performance of the required services and with the Bid Documents which include: Notice to Bidders Table of Contents Instructions for Bidders General Conditions and Special Provisions Specifications Bid Form Affidavit — Bid Certification Form Bid Security Bid Sheet — Water Meter Services Contract 20202022 Contract Document Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel, labor, materials, tools, equipment, and services (including all utility and transportation services) required to perform the required services, all in accordance with the above listed documents. Bidder agrees to perform all of the required services and provide the equipment and materials described in the Bid Documents, as follows: Bidder has bid on all items and has provided a price for all requested services. The Bidder acknowledges it understands all the requested services for which it has submitted a bid. The Bidder will complete and provide all labor, equipment, materials and mobilization (if applicable) to perform the required services as incidental to the fixed item price for each item proposed. W In submitting this bid, the Bidder understands that the Village reserves the right to add to or subtract from the estimated quantities. The Village intends to award one (1) contract (if at all) for the items bid. If written notice of award of this bid is mailed, emailed or otherwise delivered to the Bidder at any time before this bid is withdrawn, the Bidder agrees to execute and deliver the contract in the prescribed form and furnish payment and performance bonds, or letter of credit, and the insurance certificates required by the Bid Documents to the Village within ten (10) business days after receipt. The Bidder, and as successful bidder/contractor upon award of the contract, understands and agrees to the following: 1) The contractor agrees to provide all required services and items and material to the Village as noted in the Bid Documents and comply with the requirements of the Bid Documents. 2) The contractor agrees to comply with all applicable federal and state laws, rules and regulations, and county and municipal ordinances, as described in the General Conditions. All Addenda pertaining to this project shall be acknowledged by the Bidder in the spaces provided below: Addendum Addendum -Date Acknowledgement by Bidder or Authorized Date No. Representative Acknowledged 03/18/2020 HBK Water Meter Service , Inc. 03/18/2020 2 03/18/2020 H13K Water Meter Service , Inc. 03/27/2020 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): X Bid Bond Certified Check Bank Cashier's Check I is attached hereto in accordance with the "Instructions for Bidders'. REO This Bid Submittal contains the following: 1) Bid Form 2) Affidavit — Bid Certification Form 3) Bid Security 4) BID SHEET(S) — Water Meter Services Contract 2020-2022 HBK Water Meter Service , Inc. Name of Firm/Bidder M (Signature) Title: President Date: 04/02/2020 Contact Information: Official Address: 3701 Berdnick St. - Unit H Rolling Meadows, IL 60008 Telephone,*, 847-202-4389 Emalk sgrossi@hbkmeters.com ONE (1) SIGNED COPY OF THIS BID FORM AND BID SHEETS (Pages 23-33) ALONG WITH THE AFFIDAVIT — BID CERTIFCATION FORM, AND BID SECURITY SHALL BE SUBMITTED IN A SEALED MARKED ENVELOPE. ki AFFIDAVIT — BID CERTIFICATION FORM Bidder: Company/Firm Name: I HBK Water Meter Service, Inc. Address: P.O. Box 759 - Palatine, Illinois 60078 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, Sandra G. Grossi I being first duly sworn on oath, deposes and states that he or she is President (sole owner, partner, joint ventured, President, Secretary, etc.) of HBK Water Meter Service, Inc. 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. n *)ection 11 Bid fl!gg!Lj� The undersigned further states that HBK Water Meter Service , Inc. (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 ILLS 5/33E-3, 33E-4. Section III Drug, E[2e Workp1ace The undersigned further states that HBK water Meter Service , Inc. (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 ILLS 265/1 et seq., a substance abuse prevention program that meets or exceeds these requirements of that Act. Section IV Tax, pavment The undersigned further states that HBK water Meter Service, Inc. is (Name of Company) 9% 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. 4 Section V Sexual Harass,me,Ml Po,11 Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A), every party to a public contract must: "Have written sexual harassment policies that shall include, at a minimum, the following information: (1) the illegality of sexual harassment; (11) the definition of sexual harassment under State law; (111) a description of sexual harassment, utilizing examples; (IV) the vendor's internal complaint process including penalties; (V) the legal recourse, investigative and complaint process available through the Department (of Human Rights) and the Commission (Human Rights Commission); (VI) directions on how to contact the Department and Commission; and (VII) protection against retaliation as provided by Section 6-101 of the Act. (Illinois Human Rights Act).,' A "public contract" includes: ...every contract to which the State, any of its political subdivisions or any municipal corporation is a party." 775 ILCS 5/1-103 (M) (2002), The undersigned further states that HBK Water Meter Service , Inc. has (Name of Company) a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105 (A) (4). It is expressly understood the foregoing statements and representations and promises are made as a condition to the right of the bidder to receive payment under any award made under the terms and provisions of this bid. The undersigned certifies that all information contained in this Affidavit is true and correct. President Signed by: �"Ow Ilu Title: Signature Name Printed.* Sandra G. Grossi Signed and sworn to before me this day of _7202-0— My commission expires: Notary LINDA M. KRIPPNER OFFICIAL SEAL Notary Public, State of Illinois s MY Commission Ex plres October 13, 2020 W BID SECURITY Included with this bid is a bank cashier's check, certified check or bid bond in the amount of $10270.00 , being ten percent (10%) of the total amount bid by HBK Water Meter Service, Inc. 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 2nd SEAL (if corporation) DAY OF April HBK Water Meter Service, Inc. I _.T 170 ro - rN HBK Water Meter Service, Inc. Bidder's Agent and Agent's Title Sandra G. Grossi President 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 Illinois 34 BID SHEET #1 WATER METER SERVICES CONTRACT 2020-2022 The undersigned herewith submits a bid on Catch Basin and Inlet Cleaning Contract 2014-2015 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 April 6, 2020. We will perform the services as outlined Water Meter Services Contract for sums as follows: METER INSTALLATION/REPLACEMENT Meter Size Installation Charge Per Meter 5/811 x 1/2" or x 3/4" M25 Badger AMR $100.00 3/4" M35 Badger AMR $..10.0..00 RM V M55 Badger AMR —J 115.00 1-1/2" Metron w7it_hlnnov8 register $ 175,00 2" Metron with Innov8 register $ 248.00 3" Metron with lnnov8 register 375.00 . . . . ........ 411 Metron with lnnov8 register ---------- $.L70.00 WATER METER BODY EXCHANGE and ENDPOINT RE -INSTALL — 5/8", %9) or 1" Flat Fee per meter I $ 105-00 W Meter Size 5/8ft IN m 1-1/211 91 il Em A BID SHEET #2 WATER METER SERVICES CONTRACT 2020-2022 WATER METER ACCURACY Meter Type Test Only Flat Rate PDM $ 25.00 PDM $ 25.00 PDM $ 33.00 Metron SJ $ 43.10 Metron SJ $ 37�-00 Metron SJ $ 137.00 Metron SJ $ 160.00 Metron SJ$..L80.10 009 BID SHEET #3 WATER METER SERVICES CONTRACT 2020-2022 WATER METER TESTING/REPAIR Meter Size Meter Type Test Only Flat Rate Repair Retest Fee 2 Si $ 175.00 236.00 2 Compound $ 175.00 . ...................... .. . $_216.10 3 Si $ 175.00 236.00 3" Compound $.175.00 236.00 4 IN Si $.1�75-00 270.00 4" Compound $_175 0.0 279.00 8" Si $ 320.00 $ 311.00 1,n-Shop,,.M1 er T'est*aq Flat Rat .egL 1 5/8" 5 3/41% 1", 1-1/2" Meters Village to remove/install water meter for Contractor to test in their shop $ 35.00 . . . .......... 5/811) 1 � 3/4", I'll 1-1 /2" Meters Contractor to remove/install temporary meter, bench test then re -install meter $ 325.00 37 BID SHEET #4 WATER METER TESTING/REPAIR Install g1sRemote Rp * $ 220.00 ter and Meter with up to 5 0' cabling I Instafl Ret,,jiote r, ` , pint $ 125.00 with up to 50' cabling Brolwn A'Im),ointment Fee s WOO j Percentaev nmrkup repal 'r, pa,,rls 15% .�on, 001 PER SURVEY SITE WIMETER OR METER BODY EXCHANGE ........................................... PER SURVEY SITE W/O METER OR METER BODY EXCHANGE $12-00 RE -INSPECTION FEE Submitted this 2nd dav of April I wr 1'2020. PER MAILING FEE Mark outside of envelope: "WATER METER SERVICES CONTRACT 2020-2022," 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, April 6, 2020. HBK Water Meter Service , Inc. Name of Company/Firm P.O. Box 759 - Palatine, Illinois 60078 Phone: 847-202-4389 Date submitted: April 2nd 11111112020 W Also note any exceptions to the specifications. See attached COMPANY HBK Water Meter Service , Inc. ADDRESS P.O. Box 759 847-202-4389 xmu� Nlk Palatine, Illinois 60078 ....... ...... . . IIIIIIIIIIqIIIIIIIIIIIIIi Oil . . . . . A K April end 2020 ,NATURE DATE Rote: All bids to remain firm for thirty (90) days. Be sure to mark the outside of the envelope, "Sealed Bid for WATER METER SERVICES CONTRACT 2020-2022.1V CIO EXHIBIT B VILLAGE OF MOUNT PROSPECT WATER METER SERVICES CONTRACT 2020-2022 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 HB I K Water Meter Service Inc. 1 an Illinois Corporation located at Rolling Meadows Illinois, (hereinafter the "Contractor"). 1. GENERAL As stated in the bid document. 2. SPECIFICATIONS As stated in the bid document. 3. CONTRACTOR RESPONSIBILITY FOR PROPERTY/HOLD HARMLESS Contractor agrees to defend and hold harmless the Village from and against all demands, claims, suits, costs, expenses, damages and adjustments based upon any infringement of any patent relating to goods specified in the contract, and on account of the Village's use of any copyrighted or uncopyrighted, composition, trade secrets, secret process, proprietary rights, patented of unpatented invention, article or appliance furnished or used under the proposal Specifications. 4. ADHERENCE TO LAWS Employees and agents of Contractor shall obey all federal, state, county and municipal laws and ordinances during the execution of their duties under this Contract. The existence of this Contract does not exempt such individuals from compliance with such laws or ordinances, nor does it convey any special rights or privileges upon those individuals. Contractor shall meet all applicable licensing requirements of the Village. In addition, Contractor is required to comply with all federal, state, county and municipal laws and ordinances, including the following: a., Provide a drug free workplace pursuant to the Illinois Drug Free Workplace Act (30 1 LCS 580/1, et seq.); b. Comply with the Illinois Public Works Employment Discrimination Act (775 1 LC S 10/1 et seq.); C. Comply with Article'' of the Illinois Human Rights Act (775 ILCS 5/2-101, et §gq..), and the Rules and Regulations of the Illinois Department of Human EEO 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 e. Comply with the provisions of the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE required by the Illinois Department of Human Rights as a material term of all public contracts, which states as follows: Title 44, Part 750, Section 750, APPENDIX A , Illinois Administrative Code, Equal Employment Opportunity Clause EQUAL EMPLOYMENT OPPORTUNITY In the event of contractor's non-compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights (""Department""), contractor may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or 'Voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the contractor agrees as follows: 1 ) That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 2) That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability (in accordance with the Department's Rules) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 3) That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service. 4) That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the contractor's obligations under the Illinois Human Rights Act and the Department's Rules. If any such labor organization or representative fails or refuses to cooperate with the contractor in its efforts to comply with such Act and Rules, the contractor will promptly so notify the Department and the contracting agency and 41 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. 6. LOG BQ,.O,K RECORDS & REPORTS REQ IRED . 1@1 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. 70" METHODS OF PAYMENT Payment under the Contract will be made in accordance with the Illinois Local Government Prompt Payment Act, 50 1 LCS 505/1 et seq. 42 8. HOLD HARMLESS AGREEMENT (CONTRACTUAL,, LIABI 11 Contractor assumes full responsibility for the acts and omissions of its employees and agents while engaged in performing services under the Contract. Contractor agrees, to the greatest extent permitted by Illinois law, to protect, indemnify, save and hold forever harmless the Village, its officers, appointed and elected officials, Mayor and Board of Trustees, employees, volunteers, attorneys and agents from and against any and all liabilities, obligations, claims, losses, damages, penalties, and costs and expenses resulting from any suit, claim, demand, judgment, or cause of action initiated by any person, including Contractor and its officers, officials, employees, subcontractors, volunteers and agents, arising out of, connected with, or in any way associated with the performance of services covered by this Contract or the equipment used in connection therewith. 9" CONTRACTOR'S LIABILITY INSURANCE, Contractor shall not commence with the performance of services under this Contract until it has obtained all insurance required hereunder and such insurance has been approved by the Village. Certificates of such insurance shall be filed with the Village prior to commencing work. Additionally, Contractor will provide the Village with a letter from the insurance carrier that the Village will be notified within thirty (30) days of the pending cancellation of any policy relating to this Contract. Each insurance company shall be subject to approval by the Village, and the respective policies shall name the Village as an additional named insured. Approval of the insurance by the Village shall not relieve or decrease the liability of Contractor hereunder. Such insurance is primary and in no event will be considered contributory to any insurance purchased by the Village. Such insurance will not be canceled, reduced, or materially changed without providing the Village thirty (30) days advance written notice, via certified mail. Contractor shall maintain all insurance required under subsections a through h of this Section for not less than one (1) year after completion of this contract. 10. CONTRACT TERMINATION The Village and Contractor reserve the right to terminate the Contract at any time upon ten (10) days advance written notice to the other party. In addition to the provisions set forth in Section General conditions (A,6) for immediate termination, failure of Contractor to perform any aspect of this Contract properly and/or to provide proper treatment to the general public, in the sole discretion of the Vilage, is cause for immediate termination of the Contract without prior notice. 11 LF CONTRACT This Contract shall be in effect beginning upon contract signing and remain in effect until December 31, 2022, unless terminated by either party under the conditions specified in Section 10, Contract Termination. The Contract may be extended for up to two (2) successive one (1) year periods beyond the termination date by mutual, written agreement between the Village and the Contractor. 43 12. COMPLIANCE WITH FREEDOM OF INFORMATION ACTR,EIQUEST The Illinois Freedom of Information Act TOIA), 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 44 If either party waives a breach of any provision of this Contract by the other party, that waiver will not operate or be construed as a waiver of any subsequent breach by either party or prevent either party from enforcing such provisions. 18. MERGER - AMENDMENT 4 This Contract sets forth the entire understanding of the parties relative to the subject hereof and supersedes any and all prior agreements, express or implied, oral or written. No amendment or modification of this Contract shall be effective unless reduced to writing and executed by the parties. 19. COUNTERPARTS This Contract may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same instrument. 20. EFFECTIVE DATE 4 The Effective Date of this Contract shall be the date executed by the Village President, and attested by the Village Clerk. In Witness thereof, the said parties have executed and signed this contract 2,0 on 1 20 BY41 Attest: Lisa Angell, Village Clerk VILLAGE OF MOUNT PROSPECT, an Illinois Municipal Corporation HBK Water Meter Service, Inc. Corporate Name. BY: its President Attest: John Grossi Secretary (Corporate Seal) 45 CONTRACT DOCUMENTS FOR THE VILLAGE OF MOUNT PROSPECT, ILLINOIS WATER METER SERVICES CONTRACT 2020-2022 DATE: March 18, 2020 BID OPENING: April 6, 2020 LOCATION: Will be held via Go To Meeting Please note the following clarifications, revisions, and additions the bid documents. To All Prospective Bidders: All BIDDERS for the above contract shall carefully read the enclosed addendum and consider its impact in the preparation of their bid. The Bid Meeting for Water Meter Services Contract 2020-2022 will be held via Go To Meeting, information is listed below: Mon, Apr 6, 2020 1:00 PM - 1:30 PM (CDT) Please join my meeting from your computer, tablet or smartphone. xgtn/i /880682125, You can also dial in using your phone. United States (Toll Free):J 866' 899 4679 United States:±1J224 -3318 5O 1 New to GoToMeeting? Get the app now and be ready when your first meeting starts'. 'h1ttein x;om/install/880682125 gLgbal otamje,elfi patame BIDDERS ACKNOWLEDGEMENT OF RECEIPT CONTRACT DOCUMENTS FOR THE VILLAGE OF MOUNT PROSPECT, ILLINOIS WATER METER SERVICES 2020-2022 BIDDER hereby acknowledges receipt of Addendum No. 1 Company Name., Signature: Print Name: Position/Title: I .......... . ............ . q Date: Note: This Addendum shall be included with and is considered part of the bid documents. Failure to return this form may result in disqualification of the BIDDER. Include this original in your bid. Page 2 of 2 CONTRACT DOCUMENTS FOR THE VILLAGE OF MOUNT PROSPECT, ILLINOIS WATER METER SERVICES CONTRACT 2020-2022 DATE: March 18, 2020 BID OPENING: April 6, 2020 LOCATION: Will be held via Go To Meeting Please note the following clarifications, revisions, and additions the bid documents. To All Prospective Bidders: All BIDDERS for the above contract shall carefully read the enclosed addendum and consider its impact in the preparation of their bid. The following revisions have been made to the Water Meter Services Contract. Page #6 should read as follows: 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 "WATER METER SERVICES CONTRACT 2020-2022" (Exhibit B). The successful bidder will be required to execute the Water Meter Services Contract 2020-2022 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. Page #14 — Invoicing. The contractor can prepare invoices with multiple meters on one invoice. Page #17 — Proposal Deposit/Surety delete in its entirety. 0 17*1 'JAN I All 'Awl NO! ill' 1111 LVII!! Page 1 of 5 JJLiZ 41"fol, Page #27 should read as follows: Does the business currently hold a license or have a contract with any other municipality for service? D YES Q NO If yes, explain in full on a separate sheet of paper. Have any complaints against the business been filed with the Illinois Commerce Commission, the Office of the Illinois Attorney General, or any other governmental body during the period of one year prior to the date of this proposal? E:1 YES D NO If yes, explain in full on a separate sheet of paper. Please note, the Village reserves the right to conduct its own search with the Illinois Commerce Commission, the Illinois Attorney General, or any other governmental body, and may take into consideration any complaints and/or pending complaints made against the business or owner. In submitting this Proposal Form requesting award of the Village of Mount Prospect Water Meter Services Contract 2020-2022, 1 hereby certify that: I will not assign or subcontract water meter services for the Village without prior written approval of the Corporate Authorities of the Village of Mount Prospect; 2. Neither 1, nor any person who will be working on my behalf, has been convicted under the laws of Illinois or any other state of an offense which under the laws of this state would be a felony involving the theft of property, violence to persons, or criminal damage to property. Please note that in the case of a person whose last conviction was more than two years past, and can demonstrate a compelling showing that he/she is nevertheless fit, such person or operator may be approved by the Village Manager if otherwise eligible; 3. 1 am not barred by law from contracting with the Village because of a conviction for prior violations of either Sections 33E-3 or 33E-4 of the Illinois Criminal Code of 1965 (720 ILCS 5/33E-3 (Bid Rigging) or 720 ILCS 5/33-4 (Bid Rotating)); 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; Page 2 of 5 5. 1 provide a drug free workplace pursuant to the Drug Free Workplace Act(30 ILCS 580/1, et s ' • }; 6. 1 shall comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et se ), 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; Page 3 of 5 Page #35 should read as follows: WATER METER SERVICES CONTRACT 2020-2022 The undersigned herewith submits a bid on Water Meter Services Contract 2020-2022 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 April 6, 2020. We will perform the services as outlined Water Meter Services Contract for sums as follows: METER INSTALLATION/REPLACEMENT Meter Size Installation Charge Per Meter S&I x 1/2" or x 3/4" M25 Badger AMR 314" M35, Badger AMR, I" M55 Badger AMR 1-1/2" Metron with 1nnov8 regfster 2't Metron with 1nnov8 register 3" Metron with I'nnov8 register 4" Metron with lnnov8 register WATER METER BODY EXCHANGE and ENDPOINT RE -INSTALL — 5/8"1 %ly or I" Flat Fee per meter 1 $ Page 4 of 5 BIDDERS ACKNOWLEDGEMENT OF RECEIPT CONTRACT DOCUMENTS FOR THE VILLAGE OF MOUNT PROSPECT, ILLINOIS WATER METER SERVICES 2020-2022 BIDDER hereby acknowledges receipt of Addendum No. 2 45K Company Name,, - - ---------- . ..... Note: This Addendum shall be included with and is considered part of the bid documents. Failure to return this form may result in disqualification of the BIDDER. Include this original in your bid. Page 5 of 5 Mr. Sean Dorsey Village of Mount Prospect 1700 W. Central. Road Mount Prospect, 11.1.1"nois 60056 RE: Water Meter Services and Private Building Surveys Dear Sean., The proposal for the water meter services and private building surveys indicates portions fall under the Illinois Prevailing Wage Act (820 ILCS 130/0.01 et seq.). In the past we have had to perform meter replacements, building inspections and meter testing before 8:00am and on Saturdays with Village approval.. The Illinois Prevailing Wage Act requires employers to pay overtime rates for anything over eight hours- Saturdays and Sundays therefore HB Water Meter -1. I Serv*ce, Inc. cannot afford to pay these types of wages without any extra compensation. The overtime rate would be time and a half of the normal rate. We would ask. that this be part of bid. Thank you for the opportunity to be a part of your project. If you have any questions or concerns please do not hesitate to contact me. Sincerely, 0-1 Sandra G. Grossi President MPBD2020 April 2, 2020 Mr. Sean Dorsey Village of Mount Prospect 1700 West Central Rd. Mount Prospect, Illinois 60056 Re: Water Meter Services Contract 2020-2022 HBK Water meter Service, Inc. will not be responsible for valves that do not J function properly, valves that do not hold close or open totally. Valves should be in good enough condition to be opened and closed as needed to complete work. The water supplier or building owner will be responsible for repair or replacement of bad valves. If building is equipped with Backflow preventer device _HBK Water Meter Service, Inc. will not be responsible for repair if it is leaking upon our arrival or is leaking after we complete our work due to lack of maintenance or testing. Water supplier or building owner will be responsible for repair or replacement of device. Sincerely, Sandra G. Grossi. President Mr. Sean Dorsey Director of Public Works Village of Mount Prospect 1700 W. Central Road Mount Prospect, Illinois 60056 HBK Water Meter Service!, Inc. was established in 1967 by former founder and owner Henry B. Kerce; it was incorporated 'in 1992 by principal Owners Sandra G. Grossi — President 52% Ownership and John P. Grossi — VP — Secretary 48% Ownership. The business is located at 3701 Berdnick Street — Unit H — Rolling Meadows, 111. 60008 4 since May 1, 1998 mailing address P.O. Box 759 — Palatine — Illinois 60078-0759 prior to Rolling Meadows the business was located in Arlington Heights. HBK Water Meter Service!, Inc. is one of the first water meter testing and consultant contractors to exist in the area. Many of our fiLrst clients are still with us today., All employees have a minimum of 10 years experience in the field of water meters. In early 2014 HBK Water Meter Service, Inc. became an Illinois License Plumbing Contractor License Number 055-043549. HBK Water Meter Service, Inc. owns all the necessary vehicles, tools, equipment and knowledge to successfully complete the water meter services contract. HBK Water Meter Service,, Inc. is a Member of American Water Works Association, American Public Works Association, Kane County Water Association, Mid. Central Water Works Asso6ation, North Suburban Water Works Association,, Illinois Rural Water Works Association and USC Foundatl'on for Cross -Connection Control and hydraulic Research. 4" tneereltm y, Sandra G. Grosse President mtpsl DISPLAY THIS PART CONSPICUOUS PL.,ACE HBK WATER METER SERVICE, INC P. 0. BOX 759 PALATINE IL 60078-0759 09MRIM Village of Addison 1491 Jeffery Drive Addsion, Illinois 601.01 Village of Arlington Heights 33 S. Arlington Heights Rd. Arlington Heights, Illinois 60005 Village of Elk Grove 901 Wellington Elk Grove, Illinois 60007 City of Elmhurst 290 N. York Street Elmhurst, Illinois 6012(p. Village of Mount Prospect 1700 W. Central Road Mount Prospect, Illinois 60051. City of Naperville 1200 W. Ogden Naperville, Illinois 605 City of Wheaton 303 W. Wesley Wheaton,, Illinois 60187 Village of Niles 6849 W. Touhy Ave. Niles, Illinois 60714 List of References Active Accounts 630-260-2020 Mr. John Chrysogelos 847-734-8042 Mr. Scott Bernholdt 630-530-3042 Mr. Chris DuFort 847-870-5640 Mr. Sean Dorsey 630-420-6137 Mr. Kerry Anthenj 630-260-2090 Mr. Al McMillen I CONTRACTOR: Ywlre, 1Cg(11.Vwt1fV (111(l a&11-eS,V) NB K WATER METER SERVICE, INC. P.O. Box 759 Palatine, IL 60078 OWNER: (A'ante, /egu/stam-v wi(l ci&h-es�) Villae of Mount Prospect 50 SImerson St Mount Prospect, IL 60056 "l 11 11 I� 1:11 1 l�l�illillillillillillilliillillillilliI 0 . PROJECT: (,N`aine, location oi- a(Hi-ess, anal PlI yeei Water Meter Services Contract Jill I J1,11), OTM ew-nt,AJ'1 Docu m mono 20 10 Bid Bond No. CRI 9452 SURETY: (Xainc, leg(tistams anirllrt-iliiicilmil This document has important legal PI(Ice oJ'busilless) consequences. Consultation 4vltki an attorney is encouraged with Granite Re, Inc. respect to its completion or 14001 Quailbrook Cr modification. Oklahoma City, OK 73134 Any sIngular reference to Contractor, Surety, Owner or #ther party shall be considered )flural vvhere applicable. 'File Contractor and Surety are bound to the Owner in the arnOlLint Set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, Jointly and severally, as provided herein. The conditions of this Bond are such that if the OwnerLiccepts tile bid of (lie Contractor within the time specified in the bid documents, or within such titne period as may be agreed to by the Owner and Contriactor, and the (7ontra,ctor either (1) enters into a contract with the Owner in accordance Nvidi the terms of such bid, rand gives Such bond or bonds its may be sl)ccified in the bidding or Contract Documents, with a surety adillitled in the jurisdiction of the Project arid otherwise acceptable to the Owner, for (lie faitliftil performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, bet%veen tile amount specified in said bid and such larger aniount for which the 0xvner may in good Faith contract with another party to perforni the Nvork covered by said bid, then this obligation shall be null and void, otherwise to renlain in full force and effect. 'I -lie Surety hcreby Nvaives any notice of -in agreement between the Owner and Contractor to emend tile time in which tile 0%vner may accept the bid. Waiver of notice by tile Surety shall not apply to any extension exceeding sixty ('60) days in tile aggo-'regilte beyond the time for accept, nee of bids specified iI n the bid documents, sand the Owner land Contractor shall obtain the SLiretN'IS consent for an extension beyond sixty (60) days. if this Bond is issued in connection with a subcontractor's bid to in Contractor. the terns Contractor in this Bond shall be deenied to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply �vitli a statutory or other legal requirement in the location of the Project. tany provision in this Bond conflicting %vith said statutory or legal requirenient shall be decilied deleted herefrom and provisions 1�p Z: conforming to stich statutory or other legal requirenlent shall be deemed incorporated herein. Wlien so furnished, the Intent is that this Bond shall be construed as a statutory bond and not as a coninion la%v bond. Signed -and sealed this 2nd day of A rel, 2020 'PA . .......... . . Pdo ..... . . ..... . ---- (Seal) . . ..... . . .... . of Critle) ell Grsinite Be. Inc A oy . . . . . . . . . . .................. ...........(Seal) 0 1 (Witne,ss) Karli�� (TitleXonnie Sinlithit Attorney -In -Fact AIA Document A3101?4— 2010. Copyright (71963, 1970 and 2010 by The American Institute of ArchiteM. All rights reserved. VIA:,,Pltl G. II A I A Occurrient Is Protected by U -S CopyiI Law an�d Intcrnational Treaties LJOAtitnorized rewodLjctif)n I ai��triljLition (it trw, mA u.)ocurnf-.1t, ()r m1Y �xjrtlon O'k it, may reeatlt in selll,llei-e civil and corninal penalties, arld will be Prosecuted W UIC 1"N1XhFT1U111 e/tent possible wIld"or tl;il - -T V, .......... . .. .... _hKects' legal counsel, copy6WI12",M. The American Institute of Arc , o7�tC�pfoj( CC Copies iis v_cRrn',eR,, w�lrj r, 'Ouo IT f . .................. '7 T GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of MINNESOTA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: MICHAEL J. DOUGLAS; CHRIS STEINAGEL- CHRISTOPHER M. KEMP; KARLA HEFFRON' ROBERT DOWNEY; CONNIE SMITH; KORY MORTEL: ELIOT MOTU its true and lawful Attorney-in-Fact(s) for the following purposes, to wit - To sign its name as surety to, and to execute, seal and acknowledge any and all bonds. and to respectively do and perform any and all acts arid things set forth in the resolution of the Board of Directors of the said GRANITE RE. INC. a certified copy of which is hereto annexed and made a part of this Powerof Attorney� and the said GRANITE RE, INC. through us, its Board of Directors. hereby ratifies and 0 confirms all and whatsoever the said, MICHAEL j. DOUGLAS; CHRIS STI L; CHRISTOPHER M. KEMP, KARLA HEFFRON; ROBERT DOWNEY; CONNIE SMITH; KORY MORTEL; ELIOT MOTU may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be scaled with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 3lildclay of January. 2020. Kenneth D. Whittin ton, Presid;ent STATE OF OKLAHOMA COUNTY OF OKLAHOMA Kyle/P. McDonald, Treasurer On this 3rd day of January, 2020, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom I am personally acquainted. who being by me severally duly sworn, said, that they, the said Kenneth 0. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively. of the Company. Ilk My Commission Expires: Wil KI Al #h 4 1 k, All August 8,2021 Commission #- 01013257 Nlotavl,V� Public GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurier of Granite Re, Inc., a Minnesota Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistiant Vice President shall each have authority to appoint individuats as attorneys - in -f act or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the Course of its business. On any instrument making or evidencing such appointment. the siqnatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or undertaking of the Company, the sedl, or a facsimile thereof, may be irnpressed or affixed or in any other manner reproduced; provided, however, that the Iseal shall not be necessary to the validity of any such instrument or undertaking." IN WIlI,E.'� 'l,, 'the tinderisigned has sibed tnis,C---ertifiixed the corporate seal of the Corporation this day of .. ........... .I f: L jl,(1111�111111111P 3, ks t. A� 1, lsz V Kyle P. McDonald, Secretary/Treasurer EA M** Vo ulNl➢co*�Plh April 6,, 2020 Michael J. Cassadv Office of the Village Manager 50 S. Emerson Street Mount Prospect, Illinois 60056 RE: PROPOSAL FOR A WATER METER SERVICES CONTRACT Dear Mr. Cassady., M.E. Simpson Co... Inc. appreciates the Village of Mount Prospect, Illinois for providing an opportunity to submit a proposal/bid for their Water Meter Services Contract. We are honored to be considered for this work, but we will not be participating in the bidding of this project and will not be proposing an offer due to the following: Due to the project specifications and how they are written, we feel this project has been tailored to a specific service provider and regret that we feel we cannot adequately respond to this proposal/bid. M.E. Simpson Co., Inc. is a Professional Services Firm dedicated to developing and providing programs and services designed to maximize peak performance for our clients' water distribution systems. Many of these programs are universally recognized as a part of "Best Management Practices" (BMPs) for utilities. We pride ourselves on delivering solid solutions using the highest quality technical and professional services by way of state-of-the-art technology and a skilled and well-trained staff of professionals. Our highly educated engineers and technical team are committed to the success of our projects. They will be ready at a moment's notice to relieve your staff's burden and ensure a seamless continuation of your services. We are still interested in staying informed of future opportunities for which our services would be best suited to fulfill your needs. Thank you for the opportunity to offer this response. We will always be committed to exceeding your expectations. Sincerely, Michael D. Simpson Chief Executive Officer Michael D. Simpson Chief Executive Officer 3406 Enterprise Avenue Valparaiso, IN 46383 800.255-1521 P 888,531.2444 F M ichael,Simpson@ mesimpson.com r Bid Request for Water Meter Services Contract 2020-2022 BID OPENING: Monday, April 6, 2020 — 1 p.m. local time Mount Prospect Public Works Department 1700 W. Central Road, Mount Prospect, Illinois 60056-2229 NOTICE TO BIDDERS Bid for Water Meter Services Contract 2020-2022 Sealed bids will be received until 1:00 p.m. on April 6, 2020 in the office of the Office of the Village Manager, 3rd Floor, 50 S. Emerson Street, Mount Prospect, Illinois 60056, in a separate, sealed envelope please submit bid clearly marked "Sealed Bid for Water Meter Services Contract 2020-2022." The work includes a Base Bid plus pricing for Optional Work that the Village of Mount Prospect may require the Contractor to perform during the contract period. Plans and specifications may be obtained from the Village of Mount Prospect website www.mountprosect.org/bids. All work associated with the installation and replacement of water meters shall comply with the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 et seq. and the other applicable laws and ordinances. Offers may not be withdrawn for a period of ninety (90) days after the bid date without the consent of the Board of Trustees. Any Bid submitted unsealed, unsigned, sent via email or fax or received subsequent to the aforementioned date and time, will be disqualified and returned to the bidder. The Village reserves the right in its sole discretion, to reject any and all bids or parts thereof, to waive any irregularities technicalities and informalities in bid procedures and to award the contract in a manner best serving the interests of the Village. Village Manager Michael J. Cassady Water Meter Services Contract 2020-2022 Table of Contents Section Para e Notice to Bidders 1 Table of Contents 2 Bid Packet Information 3 Instructions to Bidders 7 Specifications 10 General Conditions 19 Proposal Form - Exhibit A 26 Bid Form 29 Affidavit — Proposal Certification Form 32 Bid Security 34 Bid Sheet 35 Contract - Exhibit B 40 K VILLAGE OF MOUNT PROSPECT WATER METER SERVICES CONTRACT 2020-2022 BID PACKET The Village of Mount Prospect is seeking proposals for its: WATER METER SERVICES CONTRACT FOR 2020-2022 PROJECT SCOPE The Contractor shall provide, at a minimum, the following work: • Fulfill all items and requirements listed in the General Conditions and Specifications. • Perform any and all additional work, as required by the Director of Public Works, for the unit costs indicated on the Bid Sheet. Ll 1. RECEIPT OF PROPOSALS Sealed bid proposals to perform meter exchanges and building sewer inspections 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 April 6, 2020. Bids arriving after that time will not be accepted. Mailed bids, which are delivered after the specified hour, will not be accepted regardless of postmarked time on the envelope. Electronic mail (email) and/or facsimile transmitted bids will not be accepted. All bid proposals will be publicly opened and prices read aloud thereafter on the same date at the Mount Prospect Village Hall, 50 South Emerson Street, Mount Prospect, Illinois. 2. HOW TO SUBMIT A BID The bid proposal must be delivered in a sealed envelope to the Village Hall and marked to the attention of the "Village Manager". The bid proposal must be clearly marked: Sealed Bid "WATER METER SERVICES CONTRACT 2020-2022" 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 Water Meter Services Contract 2020-2022 (Exhibit B). 4. AWARD OF CONTRACT TO SUCCESSFUL BIDDER 4 The Village of Mount Prospect will be the sole interpreter of all bid documents, and reserves the right to make its own assessment of bids received; to reject any and all bids; to waive irregularities and technicalities in the bids; to further negotiate details of the contract with the low bidder after award of the contract; and to award the contract based upon its consideration of the following criteria as well as relevant statutory provisions: a) Lowest responsible bidder. b) The ability, capacity, and skill of the bidder to perform the contract to provide the service required. c) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference. d) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. e) The quality of performance of previous contracts. f) The previous and existing compliance by the bidder with laws and ordinances relating to the contract. g) The sufficiency of the financial resources and ability of the bidder to perform the contract and provide the service. h) The ability of the bidder to provide future maintenance and service. i) The number and scope of conditions attached to the bid. j) Whether the bidder has a place of business in the Village. k) Responsiveness to the exact requirements of the invitation to bid. 1) Ability to work cooperatively with the Village and its staff. m) Past records of the bidder's transactions with the Village or with other entities as evidence of the bidder's responsibility, character, integrity, reputation, judgment, experience, efficiency and cooperativeness. n) Such other factors as would be in the best interest of the Village and its operations. The Village of Mount Prospect may make such inspections, as it deems necessary, including the right to inspect all bidder worksites related to the bid. 5 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 "WATER METER SERVICES CONTRACT 2020-2022" (Exhibit B). The successful bidder will be required to execute the Catch Basin and Inlet Cleaning Contract 2014-2015 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. no VILLAGE OF MOUNT PROSPECT INSTRUCTIONS TO BIDDERS To be entitled to consideration, bids must be made in accordance with the following instructions: 1. The Village of Mount Prospect reserves the right to reject any or all bids, or any part thereof, or to accept any bid or any part thereof, or to waive any information in any bid when, it its opinion, the best interest of the Village will be served by such action. 2. Bidders may withdraw or cancel their bid, in written form, at any time prior to the advertised bid opening time. Any bid submitted will be binding for 90 calendar dam after the date of bid opening. No plea of ignorance by the bidder as to the conditions that exist or that may exist hereafter as a result of failure or omission on the part of the bidder to make the necessary examinations and/or investigations will be accepted as a basis for varying the requirements of the Village or the compensation to the bidder. 3. Bids must be signed by an authorized official of the organization submitting the bid with the name of the official and his/her title typed below the signature. 4. All bidders must submit the following information on or before the deadline for bid submittal: (a) the location of the bidder's permanent place of business; (b) evidence of the ability to provide an efficient and adequate plan for executing the services requested; and (c) any additional evidence tending to show that the bidder is prepared adequately to fulfill the contract. 5. Bidders shall include with their bid, on a separate attachment to the bid, the names of three (3) references regarding their qualifications by experience, ability, personnel and equipment to perform the services required by the bid specifications. The references must include company name, address, contact person and telephone number. The Village reserves the right to reject bids not accompanied by the required references. 6. All bidders agree that a complete background investigation of the principals of the bidder and all employees who will perform the required services on behalf of the bidder will be made. Bidders agree to cooperate with the appropriate Village personnel to supply all the necessary information to complete the background inquiries. The Village, at its complete discretion, may disqualify any Bidder, including a low Bidder, and may void any contract previously entered into based upon its background investigation. 7. No bid will be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to the Village upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the Village or has failed to perform faithfully any previous contract with the Village within two (2) years prior to the date of the invitation to bid. 7 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 Kristina Jakupovic, no later than five (5) calendar days prior to the date set for the opening of the bid. Any questions received after that time may be answered at the discretion of the Village. In the event that the Village finds a question to be adequately addressed in the existing bidding documents, the question may be answered in writing by directing the requesting bidder to the applicable provision(s) in the existing bid documents. No further clarifications or interpretations will be issued. Bidders will acknowledge receipt of any addendum issued by so noting on the bid sheet. Oral explanations are not binding. 10. Prices shall be provided for each service required to be performed under the contract. 11.All equipment and material bid shall be in accordance with all applicable federal, state and local laws, rules and regulations in effect at the time of the bid. 12. Bids will be considered on equipment or material complying substantially with the specifications, provided each deviation is stated and the substitution is described, including technical data when applicable, in a letter attached to the bid. The Village reserves the right to determine whether such substitutions or deviations are within the intent of the specifications and will reasonably meet the service requirements of the applicable Village Department. Brand names which may be mentioned in the specifications do not indicate a preference and are used only as a reference to the type and quality of materials or equipment desired. 13.The brand name and/or manufacturer of each item proposed must be clearly stated. Guarantee and/or warranty information must be included with this bid. 14. Unless otherwise directed by the Specifications, all materials, equipment and services provided will meet standards or requirements which would normally be anticipated in common practice. The bidder guarantees that all applicable federal, state and local laws, including the federal Occupational Safety and Health Act ("OSHA"), are being complied with in connection with the bid and any resultant contract or purchase by the Village. 15.All municipal, county, and State of Illinois sales taxes and federal excise taxes, which are NOT applicable to sales to the Village of Mount Prospect, must be excluded from bid prices. 16. Prices shall be stated in units when applicable and quotation made on each item separately. In case of conflict, unit price shall govern. 17. Bidders must be sure to specify any terms which they wish to offer in the space provided. Cash discounts will be deducted from the base bid in determining the low bidder. 18.A bid deposit in the amount of ten percent (10%) of the total bid amount, payable to the Village, is required, unless otherwise stated in the bid package. The deposit must be in the form of a bid bond, certified check, or a bank cashier's check. All bid performance deposit checks will be retained by the Village until the bid award is made, at which time the checks will be promptly returned to the unsuccessful bidders. The bid performance deposit check of the successful bidder will be retained until surety bonding requirements have been satisfied and proof of insurance coverage is provided. 19. In case of default by the bidder, the Village may procure the services from other sources and may deduct the cost of such services from the unpaid balance due the bidder, or may collect against the bond or surety for excess costs so paid, and the prices paid by the Village shall be considered the prevailing market price at the time such purchase is made. 20. The bidder shall hold the Village, its officers, employees and agents, harmless from liability of any nature or kind on account of the Village's use of any copyrighted or uncopyrighted composition, trade secrets, secret process, proprietary rights, patented or unpatented invention, article or appliance furnished or used under the bid specifications. 21. The successful bidder is specifically denied the right of using in any form or medium the name of the Village for any advertising, promotion or reference unless express written permission is granted by the Village. 22. The opaque envelope containing the bid shall be marked plainly, *SEALED BID" — along with the WATER METER SERVICES CONTRACT 2020-2022, 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: Water Meter Services Contract 2020-2022 Kristina Jakupovic, Administrative Superintendent Mount Prospect Public Works Department 1700 West Central Road Mount Prospect, Illinois 60056 Phone: 847.870.5640 Email: kjakupovic@mountprospect.org SPECIFICATIONS The Village seeks the professional services of an Illinois licensed plumbing contractor and staff to perform meter exchanges and building sewer inspections as outlined in this scope of work. There will be varied number of water meters replaced annually (10 to 800) under this Water Meter Services Contract 2020-2022. The Village reserves the right to reduce or increase this amount depended upon availble funds. Meter installations/replacements for the year shall be completed prior to November 30 for each year of the contract. It is intended that this project be for a term of three (3) years subject to annual funding by the village. The Village shall provide all meters, encoded register heads and/or Badger Orion SE Endpoint modules and cabling as needed to fulfill the quantity identified by the Village for each year of contract. The Contractor shall supply all labor and all other materials needed and used in a typical meter exchange; i.e. pipe tape, washers, or gaskets, tape, wire seals, fittings, security wire, security screws, etc. and staples or mounting screws or other mounting hardware, as needed and/or applicable. General Water Meter Installation/Replacement, Meter Testing and Building Inspection Procedures The contractor shall have, and maintain throughout the duration of the contract, a place of business where he/she can be contacted in person or by phone during normal working hours. The contractor shall also be required to furnish to the Village, upon request, evidence of all licenses, permits, insurance, bonds, etc. required for the operation of a business of this type. Annually, or at more frequent intervals, the Village will indetify meters eligible for replacement, meters eligble for testing and properties eligible for buidling inspections. A list of these meters and/or building inspections will be transmitted to the contractor via Cartegraph software and/or tabular list. Meters will be replaced based on criteria determined by the Village. Prior to commencement of work the Village will supply a form letter and sufficient paper with Village letterhead and any other supplies or materials that may be needed. This will be mailed by the contractor to all water users scheduled for replacement within the area using Village's mailing process. The contractor will be responsible for copying the form letter onto Village letterhead. There shall be three letters sent to customers, by the contractor, requesting appointments. A minimum of ten working days will be observed between mailings. The Villa__ e will pay for all postage. A record of each letter sent must be entered into Cartegraph within forty-eight (48) hours of the letter being mailed. The Village will pay the Contractor for each mailing at the `per mailing' fee identified on the Proposal sheet. The Village may atuhorize more than three (3) mailings and will pay for each at the `per mailing' fee. It will be the responsibility of the contractor to schedule and monitor all appointments. All appointments must be scheduled in Cartegraph within twenty-four (24) hours of the appointment being made. If, for any reason, a new meter cannot be installed, a meter 10 tested, or building inspection completed the Administrative and Water/Sewer Superintendents shall be notified and he/she will make a decision on the appropriate solution. All manpower, tools, equipment, vehicles, testing apparatus and plumbing supplies will be furnished and maintained by the contractor. The Village will supply all new meters. The contractor will be responsible for turning in all old meters to the Village. Unsuccesful Attempts or Broken Appointments The Contractor shall be reimbursed at the proposed flat unsucccesful/broken appointment rate for each property where the Contractor has exhausted all attempts to obtain a meter exchange and/or building inspection. For appointments broken by the owner where the Contractor was not provided at least 24 hours notices by the property owner, the Village shall reimburse the Contractor the flat rate as defined in the Scheduled of Prices. The Village shall not reimburse for more than two (2) broken appointments per property. A record of each unsuccesful or broken appointment must be entered in Carteg^ph within forty-eight (48) hours of the letter being mailed. Monthly Summary Report At the end of each month, the Contractor will supply the Village a monthly summary report via email or fax outlining the previous month's activities. • Number of meters replacements — listed by type. • Number of Building Inspections completed. • Address, Date of Re -inspection, along with type of violation corrected. • Number of meters tested. • Number of violations found and type. • Number of re -inspections performed, with date and resolution. Meter Exchanges There will be a varied number of water meters replaced annually (10 to 800) under this contract. The Village reserves the right to reduce or increase this amount dependent upon available funds. The Village has converted all meters in the Village from local read to AMR/AMI system within the contract period and the Contractor is asked to prepare and propose fees for the continuation of such services. The Contractor shall provide a flat fee for the removal and exchange of each size of meter with the installation of a new AMR encoded meter and associated Badger Orion SE Endpoint module and wiring. Meter installations/replacements shall be completed prior to November 30 for each year of the contract. 11 If a building has a corroded or weak pipes, the contractor shall notify Administrative and Water/ Sewer Superintendents and request that the B -Box be located and checked for operation 48 hours prior to the installation of the new water meter. The Contractor shall be responsible for scheduling of appointments and the completed meter replacement. The charges of this scheduling of appointments are incidental to the contract and must be incorporated into the contractor's pricing per meter replacement. The Contractor must immediately advise the Administrative and Water/Sewer Superintendents of any request for a replacement that they are unable to satisfy. INSTALLATION PROCEDURES Meter Exchange - typical 1. Make appointment to service the meter. 2. Check B -BOX location. 3. Move furniture, boxes, etc. away from the meter. 4. Attempt to turn water off inside home first; if the internal water shut off cannot be operated or is in poor condition then the Contractor shall request that the Village perform an outside water service shutoff. 5. Remove old seal and meter. 6. Install new meter body and re -attach the Badger Orion SE Endpoint. If the Badger Orion SE Endpoint is a cabled unit then mount radio transmitter, Badger Orion SE Endpoint, as high as possible on the inside of the nearest exterior wall. 7. Check for proper operation and transmission. 8. Seal meter, register head and transmitter box as applicable. 9. Neatly place and install the AMR module cabling. 10. Install the AMR module at the highest point nearest the closest outside wall or install AMR outside for best reception, if needed. 11. Return all moved furniture, boxes, etc. to their original positions. 12. Disconnect and/or remove any non -used exposed wiring from any old system, as applicable. 13. Scrap all removed meter bodies Charges All meter bodies exchanged or installed under the terms of this contract will be charged on a flat rate Meter Body Replacement fee per installation listed in the Schedule of Prices. Record Keeping All work performed shall be documented in the software specified herein. The contractor shall accurate records of all work activities including, of work performed, tasks performed, personnel materials used, meter serial numbers, problem meter readings. Cartegraph infrastructure management use the Cartegraph system to maintain but not limited to, the date and location and equipment assigned to each task, identification, solution description, and The Contractor shall take digital pictures of the existing water meter showing serial number on lid or on the brass and also of the reading on the water meter at the time of removal. These digital photos shall be attached to the Cartegraph work order as part of the work order documentation. The Village may elect not to use this option for all installations or not and request the credit. iK Water Meter Accuracy Program Work performed under this category of the contract will include assisting the Village with testing 2% of all meters of each size removed from service and 2% of all meters purchased by the Village during the year. The testing needs to conform to the latest AWWA meter testing guidelines. Charges for Water Meter Accuracy Testing All meters tested will be charged at the water meter test only flat rate as defined in the Schedule of Prices. Record Keeping The contractor shall submit certified paper copies of all test records. In addition, the contractor shall also document all testing activity, including results, on the Cartegraph software system. It is the responsibility of the contractor to call attention to any test reports, which in the opinion of the contractor warrant further action. The contractor shall scan the certified meter test results and attach those results with the Cartegraph work order as part of the work order documentation. Water Meter Testing/Repair Work performed under this category of the contract will include the testing, repair, and calibration of 2", 3", 4" and 8" series, series compound, compound and single jet turbine water meters. Estimated number and size of meters slated for testing annually are as follows: Total Number of Meters Testing Cycle Size Est. Qty. Annual Testing 214 Every 4 years 2" 40 58 Every 3 years 3" 25 21 Every 2 Years 4" 10 1 Annually 8" 1 The Village reserves the right to reduce or increase the number of meters to be tested dependent upon available funds and/or accounts. Meter testing shall be completed prior to October 31St for each year of the contract. All meters will be tested during normal working hours or at time set by contractor and property owner. It will be the contractor's responsibility to schedule these tests as well as to coordinate the water service shutoffs with the affected property owners. All water meter testing performed where service cannot be interrupted shall be conducted at night or weekends at no additional cost to the Village. Testing will be performed as follows: 1. Test each meter to determine accuracy and general condition. If meter test results conform to accuracy standards of the AWWA for repaired meters, no further work shall be performed, and only a charge for the test may be made. However, since 13 no inspection will be made of the working parts, the condition of the meter will not be warranted. 2. If the initial meter test results do not conform to accuracy standards of the AWWA for repaired meters, the meters shall be repaired and recalibrated, and a re -test performed. A list of all parts used in the repair shall be created and submitted. 3. If the internal water shut-off cannot be operated, then the contractor shall contact the Water/Sewer Superintendent for outside service line shut-off. 4. Reseal the meter. 5. Replace all moved furniture, boxes, etc. to their original positions. 6. The contractor shall be responsible for operating all valves before and after the meters. 7. File a certified test report and separate itemized bill for each meter address. Charges — Water Meter Testing/Repair All meters tested will be charged at a water meter test only flat rate as defined in the Schedule of Prices. If the meter needs repair then the proposed test — repair — retest flat rate shall be charged as defined in the Schedule of Prices. The Contractor shall submit an itemized cost list of all replacement parts used and these parts shall be invoiced at the proposed percentage markup. Record Keeping The contractor shall submit certified paper copies of all test records. In addition, the contractor shall also document all testing activity, including results, on the Cartegraph software system. It is the responsibility of the contractor to call attention to any test reports, which in the opinion of the contractor warrant further action. The contractor shall scan the certified meter test results and attach those results with the Cartegraph work order as part of the work order documentation. Invoicing The contractor shall also prepare separate invoices for each meter test. If the meter requires repair, the contractor shall repair the meter and include the cost for any repair materials with the appropriate parts markup identified on the Proposal sheet. The repaired meter shall be subject to a re -test showing that the repair has brought the meter back into compliance with the AWWA guidelines. These separate invoices shall be tallied on a total summary invoice that shall be submitted monthly along with any individual repair invoices. The Village will then use the testing and/or repair/re-testing invoices as exhibits in charges to the customer. Warranty on all Meter Repair Work The Contractor shall be required to provide at least a one year minimum parts and labor warranty on all repaired meters. The one year period shall be from the date of repair or invoice whichever date is to the customer's benefit. Private Building Surveys The purpose of the Private Building Survey Program is three -fold. The main purpose is a house-to-house sanitary sewer survey conducted to identify sources of ground water and surface run-off water that enter the sanitary sewer from private property. These excess waters can cause the sanitary sewers to overload and often result in sewage backups into people's homes and can also cause overflows into the streets and waters 14 of the state. A secondary purpose is to conduct a limited examination of how residential water customers utilize potable water and identify what types of risks those uses may present to the Village -owned water distribution system. Mount Prospect has been required by the Metropolitan Water Reclamation District of Greater Chicago (MWRDGC), to find illegal sewer connections and/or sources of such water entering the sanitary sewer system and to see that these connections and/or sources are eliminated. Similarly, a mandate by the Illinois Pollution Control Board requires the Village to identify and protect the public water supply from contamination due to backflow. Under the provisions of this contract the contractor shall be responsible for conducting this private building survey concurrently with the water meter replacement or meter testing unless otherwise directed by the Director of Public Works or their designated representative. An illegal sewer connection is one, which allows ground surface run-off from rain or melting snow, or clear ground water, to enter the sanitary sewer. Typically these are clearwater sump pumps connected directly to sanitary sewers or bypass valves that are cross connections between clearwater plumbing and sanitary plumbing. State and local regulations prohibit these illegal connections because the sanitary sewer is designed solely to carry away wastewater. The second part of this effort is where the Contractor shall identify and report the type of water service line coming into the property lead, copper or other? Private Building Survey Report During the same visit of any water meter replacement or water meter body exchange work, the contractor will conduct surveys of the customer's internal sewer plumbing for clear water connection to the sanitary sewer, as well as a limited survey questionnaire pertaining to backflow/cross-connection prevention and the service line material survey. The Village will provide a survey form for each property that includes all questions to be asked prior to the commencement of work. The provided survey will be completed on site during the inspection. The surveyor shall indicate the existing condition and any deficiencies that were noted. The report shall also contain information regarding the meter replacements. The Village will provide such training to the contractor as it deems appropriate to fulfill the survey requirements. The training will cover the process and method of private building surveys. This training will be at no cost to the contractor or the Village and is incidental to the contract. Incorrect Private Building Survey Reports Should the report, submitted by the contractor, prove to be incorrect then a flat fee of the survey fee shall be assessed to the contractor for each incorrect survey report. Private Building Survey — Deficiency Correction or Re -inspection The contractor shall also be responsible for re-examining previously surveyed sites to verify correction of deficiencies. The Contractor shall be responsible for re-examining previous surveyed sites that were not in compliance after notice of correction by property owner. Such re -surveys will only 15 be done under prior authorization of the Water/Sewer Superintendent or their designated representative. Charges — Building Inspections/Surveys All surveys and deficiency correction surveys will be charged at a flat fee per each survey site as defined in the Schedule of Prices. Charges will be based on completing a survey with a water meter installation, meter body exchange or completing of a survey only. Re - inspections shall be paid to the Contractor at the rate identified on the Proposal Sheet. Record Keeping All work performed shall be documented in the Cartegraph infrastructure management software specified herein. The contractor shall use the Cartegraph system to maintain accurate records of all work activities. OPTIONAL WORK Residential/Small Water Meter Testing — Optional Work The Contractor may be directed by the Water Superintendent to perform a bench test of a 5/8", 3/4", 1" or 1-1/2 " water meter. The Contractor shall propose a flat rate residential/small water meter test fee to be charged for two scenarios first, where the Village brings the meter to the contractor or secondly, where the contractor has to remove, install a temporary meter (provided by the Village), test and then re -install the water meter (removing the temporary meter). All other meter test certifications and recordkeeping requirements will apply to residential/small meter tests. Remote Register Installation — Optional Work The Contractor may be directed to install a remote register, new water meter and associated wiring by the Village to aid the resident in their reading of the local meter. The Village uses a Hersey meter combination for this remote register effort. The Village will provide the meter, remote register and cabling. The Contractor shall propose a flat rate remote register installation fee for this task. Remote AMR ENDPOINT Installation — Optional Work The Contractor may be directed to install an AMR endpoint outside on an exterior wall and associated wiring by the Village. The Village will provide the endpoint, connectors and cabling needed for this effort. The Contractor shall propose a flat rate Remote AMR Endpoint installation fee for this task. Other Terms Solicitation The Contractor, its agents or any other affiliated person or staff shall in no way solicit any property owner or occupant of any property inspected within the Village for extra work or services identified by the Contractor on behalf of the Village during the duration of this contract. Present Work Load A complete tabulation of the Proposer's current project workload is to be included. Each project shall be identified by name, type, size, duration, and personnel assigned. 16 This requirement is not necessary if the firm has provided similar work to the Village within the last five (5) years. Personnel Professional resumes, including education, work experience, professional credentials, and employment status (e.g. full-time, part-time, years with the firm, job description) for each main individual to be assigned to the project described herein should be provided. This requirement is not necessary if the firm has provided similar work to the Village within the last five (5) years. Disqualification of Proposals More than one proposal for the same work described herein from an individual, firm or partnership, a corporation or an association under the same or different names, will not be considered. Reasonable grounds for believing that any party is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which said party is interested. If there are reasonable grounds for believing that collusion exists among the parties submitting proposals, the proposals for the participants in such collusion will not be considered. Licenses Each party submitting a proposal shall possess all necessary federal, state, and local licenses as are required by law, and shall furnish satisfactory proof to the Village upon request that the licenses are in effect during the entire period of the Contract. The contractor must be an Illinois licensed plumbing contractor and shall submit proof of application or licensing with their submittal. Ownership of Documents and Intellectual Property Except as otherwise provided in the Agreement, software, documents and reports prepared by the Consultant, as part of the Services performed, shall become the sole and exclusive property of the Village of Mount Prospect upon payment. However, the Consultant shall have unrestricted use of the information and or reports for their internal use but not for any other purpose without the written consent of the Village of Mount Prospect. Independent Contractor By accepting this agreement and providing services herein, the Consultant acknowledges and agrees that it will be providing services to the Village of Mount Prospect as an "independent contractor". The contractor must be an Illinois licensed plumbing contractor and shall submit proof of application or licensing with their submittal. Payment and Performance Bonds A payment and performance bond will be required for this project. The bonds shall be furnished within seventy-two (72) hours after notification of award in an amount not to exceed one hundred percent (100%) of the net Proposal price or award amount. Proposal Deposit/Surety UN A Proposal deposit of $500 US Dollars will be required with each submitted Proposal. A certified check or Proposal bond in an amount of $500.00 US dollars, payable to the Village as a guarantee that the successful proposer will supply services as specified. The proceeds of any Proposal guarantee shall become the property of the Village if the successful proposer withdraws his Proposal or if on notice of award refuses or fails to sign a contract for the work. 18 GENERAL CONDITIONS A. Award of Contract; Performance; Payment 1. The Village will issue a Notice of Award to the successful bidder, advising that it has been awarded the contract. Within ten (10) business days of delivery of the Notice of Award, by personal service or registered or certified U.S. Mail, postage prepaid and receipt requested, the contractor shall execute the contract, attached to the Bid Documents, and furnish the Village with the required bonds and certificate of insurance. 2. Upon the Village's receipt of the executed contract, required bonds and certificate of insurance, the Village will issue and send to the contractor a Notice to Proceed, that will start the performance period. 3. 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, www.state.i1.us/agency/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 I LCS 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 I LCS 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 19 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 plan administrator of each fringe benefit, if applicable. These records shall be kept by the participating contractor and subcontractor for a period of not less than five (5) years from the date of last payment on the contract or subcontract. No later than the 15th day of each calendar month, each participating contractor and subcontractor shall submit a monthly certified payroll to the Village consisting of the above - referenced information as well as a statement signed by the participating contractor or subcontractor that certifies: (a) the records are true and accurate; (b) the hourly rates paid to each worker is not less than the general prevailing rate of hourly wages required under the Prevailing Wage Act; and (c) the contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class A misdemeanor. 4. The Village reserves the right to alter the scope of the required services to be performed, add such incidental services as may be necessary and increase or decrease the services to be performed to accord with such changes, including the deduction or cancellation of any one or more or the services. Such changes shall not be considered as a waiver of any condition of the contract nor to invalidate any of the provisions thereof. 5. The performance of the required services shall be done under the supervision of the Village's Director of Public Works or his/her designee who shall decide all questions that arise as to the quality and acceptability of materials furnished, services performed, manner of performance, acceptable fulfillment of the contract, compensation and the disputes and mutual rights between contractors under the Specifications. 6. If the contractor fails to begin providing the services within the specified time, or fails to perform these services in accordance with the terms of the approved schedule or performs the services in a manner unacceptable to the Village, or if the contractor becomes insolvent or is declared bankrupt, or makes an assignment for the benefit of creditors, or from any other cause fails to perform the required services in a manner required by the contract, the Village shall give notice to the contractor and its surety in writing specifying such failure, delay, neglect, refusal or default, and if the contractor, within a period of ten (10) calendar days after the giving of such notice, does not proceed in accordance therewith, then the Village shall have the full power and authority to declare the contract and the contractor in default, and to forfeit the rights of the contractor in the contract. 7. All costs and charges incurred by the Village, together with the cost of performing the required services shall be deducted from any monies due or which may become due to the contractor under the contract. Following any payment due and received by the Village from the contractor's surety following default, if the expense so incurred by the Village is less than the sum paid to the Village by the surety under this contract for the performance of required services during the contract period, the surety shall be entitled 20 to receive the excess difference paid to the Village. When such contractor default costs incurred by the Village exceeds the sum paid to the Village for the performance of the required services under the contract, the contractor and the surety shall be liable and shall pay to the Village the full cost of such additional expenses. B. Performance of the Required Services 1. The contractor shall exercise every precaution at all times for the protection of persons and properties. The safety provisions of all applicable laws and ordinances shall be strictly observed. Any practice obviously hazardous, in the opinion of the Director of Public Works or his authorized representative, shall be immediately discontinued by the contractor upon his receipt of instructions from the Director of Public works or an authorized representative to discontinue such practice. 2. The performance of services under the contract includes the furnishing of all supervision, labor, materials, tools, equipment and incidentals of every kind and description necessary, in accordance with the contract documents. 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. 21 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 1. Insurance Requirements. In the submission of a bid, the bidder is certifying that it has all the insurance coverage required by law or that would normally be expected for the bidder's type of work. In addition, the bidder is certifying that, as the successful bidder/contractor, upon execution of the contract, it will provide insurance of such types and in such amounts as may be necessary to protect itself and the interests of the Village against all hazards or risks of loss contemplated by the contract. The Village shall be named as an additional insured on all applicable insurance policies. Satisfactory certificates of insurance shall be filed with the Village upon execution of the contract. The certificates shall state that thirty (30) days advance written notice will be given to the Village before any policy covered thereby is changed or canceled. Insurance coverage shall be in the following minimum amounts: Limit/ Limit/ Type of Insurance Ea. Occurrence Aggregate General Liability Bodily Injury $170007000 $370007000 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 2. 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 anyway resulting from or arising out of the operations of the contractor under the contract, including operations of subcontractors; and the contractor shall, at his own expense, appear, defend and pay all 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 22 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. b. Tax Payment. The contractor certifies that it is not delinquent in the payment of any taxes to the Illinois Department of Revenue pursuant to 65 1 LCS 5/11-42.1-1. C. Drug Free Workplace Act. The contractor will comply with the requirements of the Drug Free Workplace Act if the contract is $5,000 or more, and it has more than 24 employees at the 23 time of entering into the contract pursuant to 30 ILCS 580, et seq. d. Preference to Veterans Act. The contractor will comply with the Preference to Veterans Act, 330 ILCS 55, et seq. f. Non -Discrimination. The contractor will comply with the Illinois Public Works Employment discrimination Act, 775 ILCS 10/1, et seq. g. Equal Employment Opportunity_. The contractor will comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2- 101, et seq.), including establishment and maintenance of a sexual harassment policy as required by Section 2-105 that will be produced to the Village upon request, and the Rules and Regulations of the Illinois Department of Human rights, including the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE, that is a material term of all public contracts, as set forth in Exhibit B. h. Compliance with Freedom of Information Act Request. Section 7 of the Illinois Freedom of Information Act (FOIA), 5 ILCS 140/7, applies to public records in the possession of a party with whom the Village has contracted. The Village will have only a very short time from receipt of a FOIA request to comply with the request and there is a significant amount of work required to process a request including collating and reviewing the information. The bidder/contractor acknowledges the requirements of FOIA and agrees to comply with all requests made by the Village for public records (as that term is defined by Section 2(c) of FOIA) in the undersigned's possession and to provide the requested public records to the Village within two (2) business days of the request being made by the Village. The bidder/contractor agrees to indemnify and hold harmless the Village from all claims, costs, penalties, losses and injuries (including but not limited to, 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 1. Fidelity Bond. A blanket fidelity bond for $100,000, a copy of which shall be given to the Village, must cover all employees, as required by the Village, depending on the services to be performed. 2. The Contractor shall be required to provide at least a one year minimum parts and labor warranty on all repaired meters. The one year period 24 shall be from the date of a repair or invoice whichever date is to the customer's benefit. F. Miscellaneous Contract Requirements 1. Contract Alterations. No amendment of a contract shall be valid unless made in writing and signed by the Village President, Village Manager or their authorized representative. 2. Licenses and Permits. The contractor shall procure at its own expense all the necessary licenses and permits in connection with the work under the contract. 3. 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. 5. Taxes. The contractor shall pay all federal, state and local taxes as may be applicable on all materials, labor and services furnished by it under the contract, and the amounts of such taxes shall be included in the unit prices bid. 25 EXHIBIT A (Upon award of contract, to be attached to Water Meter Services Contract 2020-2022 as Exhibit A) Proposal Form Village of Mount Pro spect WATER METER SERVICES CONTRACT 2020-2022 OWNER INFORMATION Owner Name: Address: Business Name: Business Address: Home Phone: Business Phone: This Business is a: F-1 Individual Proprietorship F-1 Joint Venture F-1 Partnership F-1 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? F-1 YES If yes, explain in full detail on a separate sheet of paper. F-1 NO 26 Does the business currently hold a license or have a contract with any other municipality for service? ❑ YES ❑ NO If yes, explain in full on a separate sheet of paper. Have any complaints against the business been filed with the Illinois Commerce Commission, the Office of the Illinois Attorney General, or any other governmental body during the period of one year prior to the date of this proposal? ❑ YES ❑ NO If yes, explain in full on a separate sheet of paper. Please note, the Village reserves the right to conduct its own search with the Illinois Commerce Commission, the Illinois Attorney General, or any other governmental body, and may take into consideration any complaints and/or pending complaints made against the business or owner. Services will be either full service cleaning, both inside and outside, or just outside cleaning. In submitting this Proposal Form requesting award of the Village of Mount Prospect Catch Basin and Inlet Cleaning Contract 2014-2015, 1 hereby certify that: In submitting this Proposal Form requesting award of the Village of Mount Prospect Catch Basin and Inlet Cleaning Contract 2014-2015, 1 hereby certify that: 1. I will not assign or subcontract window cleaning services for the Village without prior written approval of the Corporate Authorities of the Village of Mount Prospect; 2. Neither I, nor any person who will be working on my behalf, has been convicted under the laws of Illinois or any other state of an offense which under the laws of this state would be a felony involving the theft of property, violence to persons, or criminal damage to property. Please note that in the case of a person whose last conviction was more than two years past, and can demonstrate a compelling showing that he/she is nevertheless fit, such person or operator may be approved by the Village Manager if otherwise eligible; 3. 1 am not barred by law from contracting with the Village because of a conviction for prior violations of either Sections 33E-3 or 33E-4 of the Illinois Criminal Code of 1965 (720 ILCS 5/33E-3 (Bid Rigging) or 720 ILCS 5/33-4 (Bid Rotating)); 4. 1 am not delinquent in payment of any taxes to the Illinois Department of Revenue pursuant to Section 11-42.1-1 of the Illinois Municipal Code (65 ILCS 5/11-42.1-1) or in any payment, fee or tax owed to the Village; 5. 1 provide a drug free workplace pursuant to the Drug Free Workplace Act (30 ILCS 580/1, et sem) 6. 1 shall comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et sec .), 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; 27 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. 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 Water Meter Services Contract 2020-2022, 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 Water Meter Services Contract 2020- 2022. Name of Company Bid Submitted By Position in Company Phone No. Date Bidder must use the official firm name and authorized representative must sign. 28 FROM: BID FORM Water Meter Services Contract 2020-2022 Village of Mount Prospect Department of Public Works (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") Water Meter Services Contract 2020-2022 The bidders have familiarized themselves with the services to be performed and probable work conditions required under this Bid affecting the cost of the performance of the required services and with the Bid Documents which include: Notice to Bidders Table of Contents Instructions for Bidders General Conditions and Special Provisions Specifications Bid Form Affidavit— Bid Certification Form Bid Security Bid Sheet — Water Meter Services Contract 2020-2022 Contract Document Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel, labor, materials, tools, equipment, and services (including all utility and transportation services) required to perform the required services, all in accordance with the above listed documents. Bidder agrees to perform all of the required services and provide the equipment and materials described in the Bid Documents, as follows: Bidder has bid on all items and has provided a price for all requested services. The Bidder acknowledges it understands all the requested services for which it has submitted a bid. The Bidder will complete and provide all labor, equipment, materials and mobilization (if applicable) to perform the required services as incidental to the fixed item price for each item proposed. 29 In submitting this bid, the Bidder understands that the Village reserves the right to add to or subtract from the estimated quantities. The Village intends to award one (1) contract (if at all) for the items bid. If written notice of award of this bid is mailed, emailed or otherwise delivered to the Bidder at any time before this bid is withdrawn, the Bidder agrees to execute and deliver the contract in the prescribed form and furnish payment and performance bonds, or letter of credit, and the insurance certificates required by the Bid Documents to the Village within ten (10) business days after receipt. The Bidder, and as successful bidder/contractor upon award of the contract, understands and agrees to the following: 1) The contractor agrees to provide all required services and items and material to the Village as noted in the Bid Documents and comply with the requirements of the Bid Documents. 2) The contractor agrees to comply with all applicable federal and state laws, rules and regulations, and county and municipal ordinances, as described in the General Conditions. All Addenda pertaining to this project shall be acknowledged by the Bidder in the spaces provided below: Addendum No. Addendum -Date Acknowledgement by Bidder or Authorized Representative Date Acknowledged Failure to acknowledge receipt, as provided above, may be considered sufficient grounds for disqualification of the bidder and rejection of his/her bid submittal. A record of all Addenda and copies of same will be available to all qualified bidders from the Village of Mount Prospect Public Works Department, 1700 West Central Road, Mount Prospect, Illinois two (2) days prior to the letting. It shall be the Bidder's responsibility to become fully advised of all Addenda prior to submitting its bid. Upon award of the contract, the Village will send Notice of Award to the successful Bidder, the Bidder must then execute the contract and provide the required bonds or letter of credit and certificate of insurance to the Village within ten (10) business days. The Village will then issue a written Notice to Proceed. Failure to complete the work in the designated time frame may result in the Director of Public Works withholding compensation due the contractor for failure to complete the said work in the designated time frame, calling the bonds, or taking such other action as may be available. Security in the sum of ten (10%) percent of the amount bid in form of (check one): Bid Bond Certified Check Bank Cashier's Check is attached hereto in accordance with the "Instructions for Bidders' . 30 This Bid Submittal contains the following: 1) Bid Form 2) Affidavit— Bid Certification Form 3) Bid Security 4) BID SHEET(S) — Water Meter Services Contract 2020-2022 Respectfully submitted: Name of Firm/Bidder: By: _ Title: Date: Contact Information: Official Address: Telephone: Email: (Signature) ONE (1) SIGNED COPY OF THIS BID FORM AND BID SHEETS (Pages 23-33) ALONG WITH THE AFFIDAVIT — BID CERTIFCATION FORM, AND BID SECURITY SHALL BE SUBMITTED IN A SEALED MARKED ENVELOPE. 31 AFFIDAVIT — BID CERTIFICATION FORM Bidder: Company/Firm Name: Address: As a condition of entering into a contract with the Village of Mount Prospect, and under oath and penalty of perjury and possible termination of contract rights and debarment, the undersigned, being first duly sworn on oath, deposes and states that he or she is (sole owner, partner, joint ventured, President, Secretary, etc.) of and has the authority to make all (Name of Company) certifications required by this affidavit. Section I Non -Collusion The undersigned certifies that this bid is genuine and not collusive or a sham, that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, to fix the bid price element of this bid, or of that of any other bidder, or to secure any advantage against any other bidder or any person interested in the proposed contract. Section II Bid Rigging and Rotating The undersigned further states that (Name of Company) is not barred from bidding or contracting as a result of a conviction for violations of state laws prohibiting bid rigging or bid rotating or any similar offense of any state of the United States, as provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code, 720 ILCS 5/33E-3) 33E-4. Section III Drug Free Workplace The undersigned further states that (Name of Company) provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 ILCS 580/1, 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 32 not delinquent in payment of any taxes to the Illinois Department of Revenue, in accordance with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned understands that making a false statement regarding delinquency in taxes is a Class A Misdemeanor and, in addition, voids the contract and allows the municipality to recover all amounts paid to the individual or entity under the contract in civil action. Section V Sexual Harassment Policy Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A), every party to a public contract must: "Have written sexual harassment policies that shall include, at a minimum, the following information: (1) the illegality of sexual harassment; (11) the definition of sexual harassment under State law; (III) a description of sexual harassment, utilizing examples; (IV) the vendor's internal complaint process including penalties; (V) the legal recourse, investigative and complaint process available through the Department (of Human Rights) and the Commission (Human Rights Commission); (VI) directions on how to contact the Department and Commission; and (VII) protection against retaliation as provided by Section 6-101 of the Act. (Illinois Human Rights Act)." A "public contract" includes: ...every contract to which the State, any of its political subdivisions or any municipal corporation is a party." 775 ILCS 5/1-103 (M) (2002), The undersigned further states that has (Name of Company) a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105 (A) (4). It is expressly understood the foregoing statements and representations and promises are made as a condition to the right of the bidder to receive payment under any award made under the terms and provisions of this bid. The undersigned certifies that all information contained in this Affidavit is true and correct. Signed by: Signature Name Printed: Signed and sworn to before me this day of My commission expires: Notary Public Title: , 2020. 33 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 , 2014. 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 34 BID SHEET #1 WATER METER SERVICES CONTRACT 2020-2022 The undersigned herewith submits a bid on Catch Basin and Inlet Cleaning Contract 2014-2015 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 April 6, 2020. SCHEDULE OF PRICES We will perform the services as outlined Water Meter Services Contract for sums as follows: METER INSTALLATION/REPLACEMENT Meter Size Installation Charge Per Meter 5/8" x 1/2" or x 3/4" M25 Badger AMR $ 3/4" M35 Badger AMR $ 1" M55 Badger AMR $ 1-1/2" Metron with Innov8 register $ 2" Metron with Innov8 register $ 3" Metron with Innov8 register $ 4" Metron with Innov8 register $ WATER METER BODY EXCHANGE and ENDPOINT RE -INSTALL — 5/8", 3/4" or 1" Flat Fee per meter $ 35 BID SHEET #2 WATER METER SERVICES CONTRACT 2020-2022 WATER METER ACCURACY Meter Size Meter Type Test Only Flat Rate 5/8" PDM $ 3/4" PDM $ 1 " PDM $ 1-1/2 " Metron SJ $ 2" Metron SJ $ 3" Metron SJ $ 4" Metron SJ $ 8" Metron SJ $ 36 BID SHEET #3 WATER METER SERVICES CONTRACT 2020-2022 WATER METER TESTING/REPAIR Meter Size Meter Type Test Only Flat Rate Repair Retest Fee 2" Si $ $ 2" Compound $ $ Y Si $ $ Y Compound $ $ 4" Si $ $ 4" Compound $ $ 8" Si $ $ In -Shop Meter Testing 5/8", 3/4", 1 ", 1-1/2" Meters Village to remove/install water meter for Contractor to test in their shop 5/8, 3/4, 1 ", 1-1/2" Meters Contractor to remove/install temporary meter, bench test then re -install meter Flat Rate Fee 37 BID SHEET #4 WATER METER SERVICES CONTRACT 2020-2022 WATER METER TESTING/REPAIR Install Remote Rejister and Meter $ with up to 50' cabling Install Remote AMR Endpoint $ with up to 50' cabling Broken Appointment Fee $ Percentage markup on repair parts $ PRIVATE BUILDING SURVEYS/INSPECTIONS PER SURVEY SITE PER SURVEY SITE RE -INSPECTION FEE PER MAILING FEE W/METER OR METER W/O METER OR BODY EXCHANGE METER BODY EXCHANGE Submitted this day of , 2020. Mark outside of envelope: "WATER METER SERVICES CONTRACT 2020-2022," 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, April 6, 2020. Date submitted: Name of Company/Firm Address of Company/Firm Phone: ■ 2020 38 Also note any exceptions to the specifications. COMPANY OWNER ADDRESS CITY, STATE, ZIP PHONE # SIGNATURE DATE 2020 Note: All bids to remain firm for thirty (90) days. Be sure to mark the outside of the envelope, "Sealed Bid for WATER METER SERVICES CONTRACT 2020-2022. BIC 00MEII:]Iaon] VILLAGE OF MOUNT PROSPECT WATER METER SERVICES CONTRACT 2020-2022 THIS AGREEMENT (hereinafter the "Contract") is entered into by and between the Village of Mount Prospect, an Illinois home rule municipality (hereinafter the "Village"), and , an , located at Illinois, (hereinafter the "Contractor"). 1. GENERAL As stated in the bid document. 2. SPECIFICATIONS As stated in the bid document. 3. CONTRACTOR RESPONSIBILITY FOR PROPERTY/HOLD HARMLESS Contractor agrees to defend and hold harmless the Village from and against all demands, claims, suits, costs, expenses, damages and adjustments based upon any infringement of any patent relating to goods specified in the contract, and on account of the Village's use of any copyrighted or uncopyrighted, composition, trade secrets, secret process, proprietary rights, patented of unpatented invention, article or appliance furnished or used under the proposal Specifications. 4. ADHERENCE TO LAWS Employees and agents of Contractor shall obey all federal, state, county and municipal laws and ordinances during the execution of their duties under this Contract. The existence of this Contract does not exempt such individuals from compliance with such laws or ordinances, nor does it convey any special rights or privileges upon those individuals. Contractor shall meet all applicable licensing requirements of the Village. In addition, Contractor is required to comply with all federal, state, county and municipal laws and ordinances, including the following: a. Provide a drug free workplace pursuant to the Illinois Drug Free Workplace Act (30 1 LCS 580/1, et seq.); b. Comply with the Illinois Public Works Employment Discrimination Act (775 1 LCS 10/1 et seq.); C. Comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et seq.), and the Rules and Regulations of the Illinois Department of Human 40 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 e. Comply with the provisions of the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE required by the Illinois Department of Human Rights as a material term of all public contracts, which states as follows: Title 44, Part 750, Section 750, APPENDIX A , Illinois Administrative Code, Equal Employment Opportunity Clause EQUAL EMPLOYMENT OPPORTUNITY In the event of contractor's non-compliance with the provisions of this Equal Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and Regulations of the Illinois Department of Human Rights ("Department"), contractor may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the contractor agrees as follows: 1) That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service; and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 2) That, if it hires additional employees in order to perform this contract or any portion thereof, it will determine the availability (in accordance with the Department's Rules) of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 3) That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, marital status, national origin or ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable discharge from military service. 4) That it will send to each labor organization or representative of workers with which it has or is bound by a collective bargaining or other agreement or understanding, a notice advising such labor organization or representative of the contractor's obligations under the Illinois Human Rights Act and the Department's Rules. If any such labor organization or representative fails or refuses to cooperate with the contractor in its efforts to comply with such Act and Rules, the contractor will promptly so notify the Department and the contracting agency and 41 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. 6. LOG BOOK, RECORDS & REPORTS REQUIRED The Contractor shall provide the Village with awritten 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. Cyt 8. HOLD HARMLESS AGREEMENT (CONTRACTUAL LIABILITY) Contractor assumes full responsibility for the acts and omissions of its employees and agents while engaged in performing services under the Contract. Contractor agrees, to the greatest extent permitted by Illinois law, to protect, indemnify, save and hold forever harmless the Village, its officers, appointed and elected officials, Mayor and Board of Trustees, employees, volunteers, attorneys and agents from and against any and all liabilities, obligations, claims, losses, damages, penalties, and costs and expenses resulting from any suit, claim, demand, judgment, or cause of action initiated by any person, including Contractor and its officers, officials, employees, subcontractors, volunteers and agents, arising out of, connected with, or in any way associated with the performance of services covered by this Contract or the equipment used in connection therewith. 9. CONTRACTOR'S LIABILITY INSURANCE Contractor shall not commence with the performance of services under this Contract until it has obtained all insurance required hereunder and such insurance has been approved by the Village. Certificates of such insurance shall be filed with the Village prior to commencing work. Additionally, Contractor will provide the Village with a letter from the insurance carrier that the Village will be notified within thirty (30) days of the pending cancellation of any policy relating to this Contract. Each insurance company shall be subject to approval by the Village, and the respective policies shall name the Village as an additional named insured. Approval of the insurance by the Village shall not relieve or decrease the liability of Contractor hereunder. Such insurance is primary and in no event will be considered contributory to any insurance purchased by the Village. Such insurance will not be canceled, reduced, or materially changed without providing the Village thirty (30) days advance written notice, via certified mail. Contractor shall maintain all insurance required under subsections a through h of this Section for not less than one (1) year after completion of this contract. 10. CONTRACT TERMINATION The Village and Contractor reserve the right to terminate the Contract at any time upon ten (10) days advance written notice to the other party. In addition to the provisions set forth in Section General conditions (A,6) for immediate termination, failure of Contractor to perform any aspect of this Contract properly and/or to provide proper treatment to the general public, in the sole discretion of the Vilage, is cause for immediate termination of the Contract without prior notice. 11. LENGTH OF CONTRACT This Contract shall be in effect beginning upon contract signing and remain in effect until December 31, 2022, unless terminated by either party under the conditions specified in Section 10, Contract Termination. The Contract may be extended for up to two (2) successive one (1) year periods beyond the termination date by mutual, written agreement between the Village and the Contractor. 43 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 44 If either party waives a breach of any provision of this Contract by the other party, that waiver will not operate or be construed as a waiver of any subsequent breach by either party or prevent either party from enforcing such provisions. 18. MERGER - AMENDMENT This Contract sets forth the entire understanding of the parties relative to the subject hereof and supersedes any and all prior agreements, express or implied, oral or written. No amendment or modification of this Contract shall be effective unless reduced to writing and executed by the parties. 19. COUNTERPARTS This Contract may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same instrument. 20. EFFECTIVE DATE The Effective Date of this Contract shall be the date executed by the Village President, and attested by the Village Clerk. In Witness thereof, the said parties have executed and signed this contract MW Attest: Lisa Angell, Village Clerk 2016. Corporate Name: Its Attest: Secretary (Corporate Seal) VILLAGE OF MOUNT PROSPECT, an Illinois Municipal Corporation 45