HomeMy WebLinkAbout6.5 Motion to accept bid for exterior painting services in an amount not to exceed $40,000.Mr�GauC �'d'+rt;�iect
Item Cover Page
acceptSubject Motion to extservices in an erior
• • r
Meeting May 3, 2022 - REGULAR MEETING OF THE MOUNT PROSPECT
VILLAGE BOARD -
Fiscal Impact true
Dollar Amount $40,000.00
Budget Source General Fund
Category CONSENT AGENDA
Type Consent
In 2013, staff began a program to clean and paint all of the black -coated light
poles, light fixtures, pedestrian poles, signposts, and electrical cabinets in the
downtown area. The finished surfaces on these assets are beginning to show wear
and paint degradation. Staff assessed the condition of 388 streetlights, 206
pedestrian lights, and 30 streetlight controller cabinets.
2022 will mark the ninth year of the program. The scope of work this year will
include painting of the black -coated street light poles and pedestrian light poles in
the downtown area. This year's project also includes an option to paint the street
light poles on Elmhurst Road south of the Union Pacific Railroad right-of-way. The
proposed project area is depicted in the attached map.
The work from 2013 through 2020 addressed 502 items; or about 80% of the
assets. Staff estimates that this program will have cleaned and painted all 624
assets in our decorative pole inventory within the next two (2) years.
Bid specifications were sent to four (4) contractors who have submitted bids on
this project in the past. Also, a notice to bidders was posted on the online bid
service Demandstar. Sealed bids were received on April 25, 2022.
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Two (2) contractors submitted bids for this project. The bids ranged from a low
total bid of $37,950 submitted by Bill's Painting and Tuckpointing to a high total
bid of $71,827.88 submitted by Muscat Painting and Decorating. The staff
estimate for this project was $40,000.
All bidders submitted a bid bond in the amount of $500 as required in the bid
proposal packet. All bids were checked for their accuracy. All bidders correctly
singed theirs bids and bid bonds.
Vendor
Bill's Painting and Tuck -Pointing,
Mount Prospect
Muscat Painting & Decorating, East
Dundee
Base Bid bid rnate Total cost
$32,070.00 5,880.00 $37,950.00
$59,983.88 $11,844.00 $71,827.88
Bill's Painting and Tuckpointing (BP&T) has performed work for the Village in the
past. Their projects include street light pole painting, the Village Hall Parking Deck
painting project, fire hydrant painting projects, and Public Works main garage
interior painting project. All work has been performed satisfactorily. In addition,
BP&T has completed exterior painting services for Elk Grove Village and the City of
Elgin in which the scope of work was similar to this project. BP&T's bid submittal is
attached.
It is staff's opinion that BP&T of Arlington Heights, Illinois is a responsible bidder
and meets all bid requirements.
Comparing BP&T's 2022 prices against costs from the Village's last streetlight
painting project in 2020 indicates prices are essentially unchanged over the 2 -year
period.
The 2022 budget allocation for this project is $40,000. Staff recommends that the
contract be awarded in an amount up to the available budget to facilitate the base
bid work, alternate work, and fund a small contingency to accommodate
unforeseen circumstances.
2
Alternatives
1. Accept lowest -cost, responsive bid for exterior painting services.
2. Action at the discretion of the Village Board.
Staff recommends that the Village Board accept the lowest -cost, responsive bid
for 2022 exterior painting as submitted by Bill's Painting & Tuckpointing of
Arlington Heights, Illinois, in an amount not to exceed $40,000.
Staff also recommends that the Village Board authorize a one (1) year contract
extension (2023) if performance is satisfactory and the contractor agrees to hold
pricing.
ATTACHMENTS:
2022PAINTING_OVERVIEWMAP.pdf
BP&T Bid. pdf
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EXHIBIT A (Upon award of contract, this to be attached to Exterior Painting Services Contract as Exhibit A)
Pro osal Form
Village of Mount Prospect
Exterior Painting Services Contract - 2022
OWNER INFORMATION
Owner Name: Date Of Birth:
Address: DID-0-5-
Business
odSBusiness Name: T �,
Business Address, /3 F. 4 � Z� 600aS
Home Phone: 6 $ ?,M-oQ 6P6 Business Phone: ,
This Business is a: ❑ Individual Proprietorship
E] Joint Venture
❑ Partnership
[]� Corporation
If applicable, give names, addresses, and dates of birth of all partners, officers or directors.
Name Address Date of Birth
` 6�►eraO, sf
AeS r 4
Has the applicant, business, or member of the business ever had a
license or contract revoked, suspended or cancelled? ❑ YES NO
If yes, explain in full detail on a separate sheet of paper.
If
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Does the business currently hold a license or have a contract with any other municipality
for service?ib ",x �a wr;� �«
�YE�SN
mw_
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? ❑ YEa [?0�0
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 Exterior
Painting Services Contract, I hereby certify that:
1. I will not assign or subcontract Exterior Painting 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 33E4 of the Illinois Criminal Code of 1965 (720 ILCS
5/33E-3 (Bid Rigging) or 720 ILCS 5/33-4 (Bid Rotating));
4. 1 am not delinquent in payment of any taxes to the Illinois Department of Revenue pursuant to
Section 11-42.1-1 of the Illinois Municipal Code (65 ILCS 5/11-42.1-1) or in any payment, fee
or tax owed to the Village;
5. 1 provide a drug free workplace pursuant to the Drug Free Workplace Act (30 ILCS 580/1, et
se .);
6. 1 shall comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et seq.), and
the Rules and Regulations of the Illinois Department of Human Rights, including establishment
and maintenance of a sexual harassment policy as required by Section 2-105 of that Article
and Act
7. 1 shall comply with the Americans with Disabilities Act;
8. 1 shall comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1 et
seq.); and
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9. All of the information I have provided in this Application has been truthful and given in good
faith.
I have read and understand the information provided with this Proposal Form, including
the Notice to Bidders, Instructions to Bidder, the General Conditions, the Specifications
and the Village of Mount Prospect Exterior Painting Services Contract - 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 Exterior
Painting Services Contract 2022.
Name of Company CT
Bid Submitted By S� '
Position in Company
Phone No. (L?V7J 9-"2-oir8! pate24-
Bidder must use the official firm name and authorized representative must sign.
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FROM:
BID FORM
Exterior Painting Services C ntrpt 2022
Village of Mount Prospect
Department of Public Works
(hereinafter called 'Bidder")
TO: Office of the Village Manager, 31d Floor
50 South Emerson Street
Mount Prospect, Illinois 60056
(hereinafter called "Village" or "Village of Mount Prospect")
Exterior Paint Services Contract 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 — Exterior Painting Services Contract
Contract Document
Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel,
labor, materials, tools, equipment, and services (including all utility and transportation
services) required to perform the required services, all in accordance with the above listed
documents.
Bidder agrees to perform all of the required services and provide the equipment and
materials described in the Bid Documents.
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.
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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.
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:
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
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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 $500.00 US Dollars in form of (check one),
Bid Bond Certified Check Bank Cashier's Check
is attached hereto in accordance with the "Instructions for Bidders".
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This Bid Submittal contains the following:
1) Bid Form
2) Affidavit — Bid Certification Form
3) Bid Security
4) BID SHEET(S) — Exterior Painting Services Contract 2020
Respectfully submitted:
Name of Firm/Bidder: B r C
(Signature)
Title:
Date: 2x-%22
Contact Information:
Official Address: /31 �c o„ st
Telephone: UY;�
Email:
ONE (1) SIGNED COPY OF THIS BID FORM AND BID SHEETS, ALONG WITH THE AFFIDAVIT — BID
CERTIFCATION FORM, AND BID SECURITY SHALL BE SUBMITTED IN A SEALED MARKED
ENVELOPE.
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VILLAGE OF MOUNT PROSPECT
AFFIDAVIT — BID CERTIFICATION FORM
Bidder:
Company/Firm Name: Rf 17—
Address: �! f V" ,% sfi Zz-- d'mu-r
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 c%x) (sole owner,
partner, joint ventured, President, Secretary, etc.) of
P¢ r 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.
SectionN Rigging and Rotating
The undersigned further states that T (:Z
(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 sip 1`T a
(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
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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 T"a Pa,,,oment
The undersigned further states that is
(Name of Company)
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 Maras rnant 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: (l) the illegality of sexual harassment; (II) the definition of sexual harassment
under State law; (III) a description of sexual harassment, utilizing examples; (IV) the
vendor's internal complaint process including penalties; M 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
.r: under the terms and provisions of bid
The undersigned certifies that all information contained in this Affidavit is true and correct.
Signed by: ..... �✓ Title:
Sianature
Name Printed:
Signed and sworn to before me this oV day of APRIL , 2027!
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My commission airs,
a �' C) -Q 4"�' - , / - -
otry Public
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"OFFICIAL IC IAL aEAL
My i
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BID SECURITY
Included with this bid is a ban cashier's check, certified check or bid bond in the amount
of $500 US Dollars by ;. ra , 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 -22-'e4 DAY OF,/ 2022.
SEAL (if corporation)
c 7—
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 .Z -I/ ncis-
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BID SHEET
The undersigned Bidder herewith submits a bid on Exterior Painting Services 2022 in
accordance with the attached documents. All bids are to be delivered to the office of the
Village Manager, third floor, 50 S. Emerson Street, Mount Prospect, Illinois, 60056, prior
to 1:00 p.m. on Monday, April 25, 2022.
Bidder: f :T 7-
r
We will perform the services as outlined Exterior Painting Services 2022 for sums as
follows:
BASE BID
�.....� Est. – _ – – ........_
Item Qty Description Price
Total
Each
– color Black
1 44 Ea. Streetlight pole, base, and Davit –
Color black, Ma pQ
21 46 1 Ea„ Pedestrian Pole, 12' height - blackp5 00 2t.0-30
Total Bid Sa. 0%0,
Street Light Pole, Base and Davit
--Color black located on Main Street, Map 1 " °, 0O � 0, 00
for Alternate Bid I i 08 0,00
A contract will be awarded to the lowest repsonbile bidder who complies with the
conditions of the bid documents. The contract will be awarded only if it is in the best
interest of the Village to do so. The Village will award the contract for the base bid.
However, the Village reserves the right to award any combination of the Base Bid
and/or Alternate. The Village shall be the sole judge of compiance with the Bid
Documents and wheether or not it is in the best interest of the Village to award the
contract. Prices in the the Base Bid will supersed other prices for ally additional work
(work not included in the base bid or alternate) that may be ultimately approve by the
Village.
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Mark outside of envelope: "SEALED BID: EXTERIOR PAINTING SERVICES 2022,"
and deliver to the office of the Village Manager, third floor, 50 S. Emerson Street,
Mount Prospect, Illinois, 60056, by 1:00 p.m., Monday, April 25, 2022.
Name of Company/Firm
F, , xz
Address of Company/Firm 6000.f
By:
, 44 04.;
Phone: Ofl?) 77Z- Of 8-e
Date submitted:2424.. �, 2022
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Also note any exceptions to the specifications.
/�/• o h c f � �� .�l10�I�,
M
COMPANY
/? e # T
ADD SS
PHONE # V7) ?2X-O'P9?e
email
OWNER
s"4
CITY, STATE, ZIP
, 2. 2022
DATE
0 Ili PArem Go -v are s &a af- &WOIL'.
e- %Igva- wo�kc� ?ar VI//a�c of
fro" Zo lS— 010XI.
Note: All bids to remain firm for ninety (90) days. Be sure to mark the outside of the
envelope, "Sealed Bid for Exterior Painting Services Contract 2017'
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CONTRACT
THIS Contract (hereinafter the "Contract") is entered into on this _ day of , by
and between the )&LA E QF MOUNT PROSPECT, an Illinois municipal corporation
(hereinafter the "Village"), and an privately owned company
(hereinafter the 'Contractor') (Village and Contractor sometimes referred to individually
as "Party" and collectively as "Parties"),
WHEREAS, the Village has solicited competitive bids for its "Exterior Painting
Services" and
WHEREAS, the Contractor submitted a bid to perform the work associated with
the Exterior Painting Services (hereinafter the "Bid"); and
WHEREAS, upon its review of the submitted bids, the Village has awarded the
contract to perform the work associated with the Exterior Painting Services to the
Contractor, subject to the execution of this Contract;
NOW, THEREFORE, for and in consideration of their mutual promises, covenants,
undertakings and agreements, the parties agree as follows:
ARTICLE I — CONTRACT DOCUMENTS
This Contract is subject to the terms and conditions set forth in the Contract Documents,
which are incorporated herein as if fully set forth, and include the following Bid Documents
with Bidder's/Contractor's Bid Submittals prioritized to be included in number 6*:
Notice to Bidders
2. Table of Contents
3. Instructions to Bidders
4. General Conditions and Special Provisions
5. Specifications
6. Bid Submittals, including Bid Form, Affidavit — Bid Certification Form, Bid
Security, Bid Sheet
(*Bidder's/Contractor's completed Bid Submittals)
7. Other materials or standards provided or noted by the Village
8. Contract
9. Applicable performance and labor and materials payment bonds, or letter of
credit.
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(Collectively the "Contact Documents")
ARTICLE II — PERFORMANCE BY CONTRACTOR
1. The Contractor agrees to perform the work, including all labor, materials,
equipment and services, in accordance with the terms and conditions set forth in
the Contract Documents (hereinafter the 'Work").
2. The Contractor acknowledges that the Village reserves the right to add to or
subtract from the estimated quantities.
3. The Contractor certifies that it will comply with all state and federal laws and
regulations, and county and municipal ordinances, as set forth in the General
Conditions.
ARTICLE III - PERFORMANCE BY VILLAGE
The Village agrees to pay the Contractor for its performance of the Work in the manner
and amount provided in the Contract Documents.
ARTICLE IV - CONFLICT BETWEEN CONTRACT DOCUMENTS
In the event of a conflict between any Contract Document and the terms of this Contract,
the Contract shall control to the extent of the conflict. In the event of any other conflict
between Contract Documents, the preceding Document shall govern to the extent of the
conflict based upon the order of priority set forth in Article I of this Contract, unless
otherwise specifically stated.
ARTICLE'. V — COMMENCEMENT AND COMPLETION OF WORK
After the written Notice to Proceed is issued by the Village, which will start the
performance period, the Contractor then has 10 days to commence work. The Contractor
shall achieved final completion ten (10) days after the tentative substantial completion
date of October 31, 2022.
The Contractor shall commence performance of the Work and complete performance of
the Work, in accordance with the schedule set forth in the Contract Documents, but in no
event shall any Work be performed prior to the Village's receipt of this Contract, executed
by Contractor, and the Village's acceptance and approval of the payment and
performance bonds, or letter of credit, and certificate of insurance required by the
Contract Documents.
ARTICLE V — NOTICE
Unless otherwise provided, all notices required under this Contract shall be made in
writing and addressed or delivered as follows:
TO THE VILLAGE OF MOUNT PROSPECT -
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The Village of Mount Prospect
1700 West Central Road
Mount Prospect, Illinois 60056
ATTN: Director of Public Works
TO CONTRACTOR- at the address set forth on the Bid Form, or:
Notices shall be deemed effective when received by personal service or registered or
certified U.S. mail, postage prepaid and receipt requested, to the address so specified.
Either Party may, by written notice to the other, change its own mailing address.
ARTICLE VII PRIOR At REE LENTS•. SUCCESSORS
This Contract supersedes all previous agreements, understandings and representations
of any nature whatsoever, whether oral or written, and constitutes the entire
understanding between the Parties. The terms of this Contract shall be binding upon and
inure to the benefit of the parties and the partners and officials, successors in interest,
executors, administrators, assigns and representatives and their respective successors
and assigns, provided, however, that the Contractor shall not assign, sublet or transfer
any rights or interest in this Agreement in whole or in part without the prior written approval
of the Village, except to the extent that the Contract Documents provide otherwise,
,ARTICLE VII _ DEFAULT BY CONTRACTOR
If the Contractor fails to begin the Work under the Contract within the time specified, or
fails to perform the Work in accordance with the terms of the approved schedule or
performs the Work in a manner unacceptable to the Village, or neglects or refuses to
remove materials or perform anew such Work as has been rejected by the Village, or if
the Contractor shall become insolvent or be declared bankrupt, or shall make an
assignment for the benefit of creditors, or from any other cause whatsoever shall fail to
carry on the Work in a manner required by the Contract, the Village shall give notice as
hereinafter provided 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, shall not proceed in accordance therewith, then the
Village shall have full power and authority to declare the this Contract and the Contractor
in default, and to forfeit the rights of the Contractor in this Contract.
Upon declaration of Contractor's default, the Village may, at its option, call upon the surety
to complete the Work in accordance with the terms of this Contract or may take over the
Work, including any materials on the Work site as may be suitable and acceptable to the
Village and may complete the Work by its own forces or on its own account, or may enter
into a new contract or contracts for the completion of the Work, or may use such other
methods as shall be required for the completion of the Work in an acceptable manner as
the Village may in its discretion determine.
All costs and charges incurred by the Village, together with the cost of completing the
Work shall be deducted from any moneys due or which may become due on this to the
Contractor under this Contract. Following any payment due and received by the Village
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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 work remaining,
the surety shall be entitled 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 work remaining under the Contract the Contractor and the surety shall be liable
and shall pay to the Village the full cost of such additional expenses.
ARTICLE Vlll ,. FAULT BY VILLAGE
In the event of a material default by the Village under this Contract, the Village shall have
sixty (60) days, from notice thereof by Contractor, to cure the default prior to Contractor's
termination of this Contract. The failure to pay a contested invoice shall not be considered
a material default. Upon termination, the Village shall be responsible to pay any
uncontested payments due for work performed.
ARTICLE IX YE UE
The parties hereto agree that for purposes of any lawsuit(s) between them concerning
this Agreement, its enforcement, or the subject matter thereof, venue shall be in Cook
County, Illinois, and the laws of the State of Illinois shall govern the cause of action.
ARTICLE X - SEVERABILITY OF CONTRACT
If any term of this Contract is held by a court of competent jurisdiction to be void or
unenforceable, the remainder of the Contract terms will remain in full force and effect and
will not be affected.
ARTICLE XI - CUMULATIVE REMEDIES
The exercise or failure to exercise any legal rights and remedies associated with any act
of default or breach hereunder by either Party will not constitute a waiver or forfeiture of
any other rights and remedies, and will be without prejudice to the enforcement of any
other right or remedy available by law or authorized by this Contract.
ARTICLE XIl - COMPLIANCEWITH LAWS
Each party to this Contract will comply with all applicable state and federal laws and
regulations, and county and municipal ordinances and regulations.
ARTICLE XIII - DISPUTE RESOLUTION
Should a dispute arise between the Village and the Contractor as to the terms and
conditions of the Contract, or the responsibilities, limitations, or working relations of either
Party, the designated project personnel will make every reasonable effort to resolve the
difference in accordance with the terms and conditions of the Contract. If a dispute
continues despite these efforts, it shall be referred to the Parties' Project Managers.
If the above action fails to resolve the dispute, the Parties may, by agreement, elect to
resolve the dispute through a mediation process. Each Party shall bear its own costs in
preparing and conducting mediation, except that the costs, if any, of the actual mediation
proceeding shall be shared equally by the Parties. The mediation process is defined as
follows:
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The Parties shall select a mutually agreeable mediator from American Arbitration
Association lists or any other agreeable list to aid the Parties in resolving the dispute. The
mediator shall not be an employee or former employee of either Party. The first meeting
shall be held at a location chosen by the Village. At the meetings, each Party may present
materials and/or arguments to the mediator. The mediator's decision shall be not being
binding upon either Party.
In the event that the foregoing steps fail to resolve the dispute, either Party may bring suit
in the Circuit Court of Cook County, Illinois.
ARTICLE XIV" - ASSIGNMENT
No rights or interest in this Contract may be assigned by Contractor without prior written
notice being provided by Contractor to the Village and the Village's written approval. The
Village shall not unreasonably withhold its approval of such assignment. In the event of
an assignment, the Contractor shall not be relieved of its obligations under the Contract
unless agreed to by the Village, at its sole discretion.
ARTICLE XV - RECRUITING
The Parties shall not, without the consent of the other Party, entice, encourage, offer
special inducements, or otherwise recruit employees of the other Party during the period
of this Contract and for a period of one (1) year thereafter. This clause is not intended to
restrict any individual's right of employment but rather is intended to preserve the
relationship intended under this Contract and to prevent the Parties from actively
recruiting the employees of the other Party.
ARTICLE XVII - COUNTERPARTS
This Contract may be executed in counterparts, each of which shall be an original and all
of which together shall constitute one and the same agreement.
ARTICLE XVIII - ENFORCEABILITY
If any provision of this Contract is found to be invalid, illegal or unenforceable, that
provision shall be severable from the rest of this Contract and the validity, legality and
enforceability of the remaining provisions will in no way be affected or impaired,
ARTICLE XIX - EFFECTIVE DATE
The effective date of this Contract shall be the date of the last signature executing the
Contract (hereinafter referred to as the "Effective Date").
ARTICLE XX - ADVERTISEMENT
Contractor shall not use, in its advertising, marketing programs, or other promotional
efforts, any data, pictures, or other representation of the Village, except with the specific
written authorization in advance by the Village.
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ARTICLE XXI . s APTI+C NS; HEADINGS
The paragraph headings which appear herein are included solely for convenience and
shall not be used in the interpretation of this Contract.
ARTICL9 M11 —ENTIRE A REEMEN
This Contract, consisting of the Contract Documents, constitutes the entire agreement
between the Parties for the subject matter hereof and supersedes all prior arrangements,
agreements, representations and undertakings, written or oral. This Contract may not be
changed or modified except by a written instrument duly executed by each of the Parties
hereto.
IN WITNESS WHEREOF, the Parties hereto have executed this Contract.
Contractor: rel_
By:.w_.
Title:.
Date:
ATTEST:
Title.
Date: 4 :
dD
VILLAGE OF MOUNT PROSPECT
By: �.
Title:
Date:
ATTEST:
Title:
Date:
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