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Home My WebLink About05/03/2022 Motion to accept bid for exterior painting services in an amount not to exceed $40,000Item Cover Page bject Motion to accept bid for exterior painting . services in an amount !;to exceed $40,,0001 Meeting May 3, 2022 -- REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD -- Fiscal Impact true Dollar Amount $40,000.00 Budget source General Fuad Category CONSENT AGENDA Type Consent 97M 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. 1 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 Alternate Base Bid Total cost bid $32,070.00 5,880.00 $37,950.00 $59,983.88 $11,844.00 $71,827.88 Bill's Painting and Tuckpoi nti ng (BP&T) has performed work for the pillage in the past. Their projects include street light pole painting, the pillage 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 Grope pillage 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 pillage'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. 6 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 & Tuckpoi nti ng 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: 2022 PAI NTI NG_OVERVIEWMAP. pdf BP&T Bid.pdf M J C1 H J a F- 0 Nr W Z F— Z m m MW p W a = = J F— W J W w F- 0. F— u U W O oC a (Dz z a z F- a. 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I,,dM„ �r,r'�/...... ��..... n�"'� r'�r ;;'�,�f'` <100 Q r r O O O N N m O O N LrG Cw'Jr O N O N O w OT T T 1 a7 ..y '� Ot W r T r r r r T F4 N W N N N N N :V N ry N N N ry M M M cn �rOj m lT1 f''7 lT1 M 410eV LU r�3�3'.si E .��j �I eQ. is I� IL 'r ''r � rr rr'�r%�s ss t Q,o N 67 r M T M N n r M 117 r -- r4 T ifl� i Bf r N M M l/7 I` O1 r r r r r N O O O O r r M r r r .gy' rl; ry. ty W) t` O r M in ti 61 N EO O r N N N N N M M M M M M M M M r O r O O O N M �l.,rFrr' O r r r r r r r N N N N N' ��1��n��wr INw+��n��1��n��1��1 —a .............III i leb �i N V eD co � N 'tO w O N O p � EO p N � ID r O �rI•'.;ir'; O O o O O T r T r N N O N O O r r r r N O N N N N N N DOE(V Al M rl i J rl; f, 11 M 40 O O N O r M I[7 ►� 61 r r �'; M Ill ►� 61 N N F.O F. p r r r r N M M M N N N N N N IYA mro g ;vF.................... .......................................1.........................n��n��1��1��n��n��n iF •. �3 ��I��I�� Irn-•W�� n00 ... ... '� O N L7 O N r �j O N V fD m O N W CO O N O N It 4D O O N q ID m O o 0 o o o r r M M M 1� •p m O N i�■q d O O O O r r r r r C� {q M N 40 N N N N N N N N oo r M M M M r r N N r r r r r r r r r r r � 4 m Q M 1{'1 n d7 T M Ili n M T T M 117 n M r M LP T N Q 4 O 4 Q r r e�7 r rrrj s 4 4 4 O r T r T r N �� O Q O Q N r r N N N N m m Cri P'! Cn R7 M i�7 d'j n rn T M r r r r r r: r N N N N N N EXHIBIT A (Upon award of contract, this to be attached to Exterior Painting Services Contract as Exhibit A) Pro osal Form ,Vi':,11aQe of: Mount Prog.pect Exterior, Painting Sices Contract - 2022 ..................... -.1 . ............................ OWNER INFORMATION Business Address, 13 F. C` i/r 0 � Z�. 600as Home Phone: $ 07 9 Pa..-oQ Business Phone:'. This Business is a: r-1 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 Gam" # Z2 �ir► �.rS v.+ Sf f�.-�bo o S' 2?005�%Q Has the applicant, business, or member of the business ever hada 1#01111 low, license or contract revoked, suspended or cancelled? F-1 YES NO If yes, explain in full detail on a separate sheet of paper, If 21 �4i Does the business currently hold a license or have a contract with any other municipality for service? YES N vjllooti 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? ❑ YE L3 ERf�o 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 5133E-3 (Bid Rigging) or 720 ILCS 5133-4 (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 58011, At se . ; 6. 1 shall comply with Article 2 of the Illinois Human Rights Act (775 ILCS 512-101, at 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; 8. 1 shall comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 1011 et seq.); and 22 r� u 9. All of the information i have provided in this Application has been truthful and given in good faith. I 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 Fount Prospect Exterior Painting Services Contract 2022. Name of Company TCo Bid Submitted By Position in Company "1 of Phone No. CSSl7j P*"2 Date � .. ... Bidder must use the official firm name and authorized representative must sign. 23 FROM:ell BID FORM Exterior Paintin . Ser`vices ntrct �� 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 50056 (hereinafter called "Village" or "Village of Mount Prospect") Exterior PaiLit Services contract �0�2 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. 24 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 prescr'bed form and furnish payment and performance bonds, or letter of credit, and the insurance certificates required by the Bid Documents to the Village thin 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: .-----------w-w- ........�,�,.�.� Addendum Cm Addendum Date AcknovAedgeent by Bidder or Authorized Date N o. ....... . . .... .n,:: ,::.,.,,,,, ,.,.,.,.,....., ,,,,,,,, Re resentati ve Acknow ed ed .............: „,,.,,,,,,.,.,.,.,.,.,.,., w,...............,,,...., M ww, P�, �............ .. . 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 . q g 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 25 9 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 Dollarsin form of (check one) Bid Bond Certified Check Bank Cashier's Check is attached hereto in accordance with the "Instructions for Bidders". zs 10 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: def C www. .......................... Po-.. W (Signature) Title:Pt Date: 22 Contact Information: Official Address: o„ st ... .. .. .. ...... A. pit ow &.."4 . . .. ... ... Telephone: Email: 6 a.. 4( 6 ' /''" ONE (1) SIGNED COPY OF THIS BID FORINT AND BID SHEETS, ALONG WITH THE AFFIDAVIT - BID CERTIFCATION FORM, AND BID SECURITY SHALL BE SUBMITTED IN A SEALED MARKED ENVELOPE. 27 11 VILLAGE of MOUNT PROSPECT AFFIDAVIT — BID CERTIFICATION FORM ........ . .. ... ... ............................. . . . . . . . ................ 0 Company/Firm Name:....' Address: �'� � ,� sfi �- d'r�z+s,.,s-�` 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 4'r and has the authority to make all (Name of Company) certifications required by this affidavit. Section I Nora -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 I I Bid Ri*qgjin nd R-otallifta 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-31 33E-4. Section III qrg.g,.Free Work �a�+ The undersigned further states that 1`7' <�: (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 28 G YA 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 TOx..Pgy.Mqnt The undersigned further states thatis (Name of Company) not delinquent in payment of' any taxes to the Illinois Department of Revenue in accordance with Illinoi's Compiled Statues, 65 ILLS 5111-,42.1. The undersigned understands g ds that: making a false statement regarding delinquency in taxes is a Class A Misdemeanor and, in, tY 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 Polls Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILLS 512105(A), every party to a public contract must: ,Have Ltten sexual harassment policies that shall include, at a minimum the following , ng information i) the illegality of sexual harassment;(11)the definition of sexual harassment under, State law; (III) a, description of sexual harassment, utilizing examples,,(IV)the R vendor's internal complaint process including penalties; M the legal recourse Investigative and complaint process available through the Department of Hunan Rights) and the Commission (Human Rights Commission)„ I) directions on how to contact the Department and Commission', and (VII) protection against retaliation as provided b Section 6-101 of the Act.. (Illinois l uman Rights Act). A,public contract" Includes-- ...every contract to which the State, an of its political subdivisions M ¢ Y or any municipal corporation is a party." 775 ILLS 511-103 M) (2002 The undersigned further states that SII 0N'r CZ has (Name of Company) a written sexual harassment policy in place in full compliance with 775 ILLS 512-105 A (4). It Is expressly understood the foregoing statements and representations ! promises are, made as a condiflon to the right of thereceive payment under made under the terms d provisions ofthis bid, The undersigned certifies that all information contained in this Affidavit is true and correct. Signed by: w �,. Title ,O Sianature Name Printed: Signed and sworn to before me this day of 4A< /t, , 2 0! 29 13 g. My commission opirs, otary Public NyG.KKfMf�y:jj"N��ys�yr.,Al..�l4: ac" Ni �' ��.v,��•,cN,rcsft"r�ii 'Mr's dN.'�i�.�^ •We.y..i fo "OFTICIAL SEAL" .�,..�;i°s jai`, �Ya'�;w� , �4�4..iC:�I4.��"P 08, ' �.: 30 14 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 � � �,L� , the bidder, in favor of the Village of Mount Prospect. It is hereby agreed that, should bidder be awarded the contract for services contemplated under this bid and fail or refuse to execute a contract for the performance of said services, or to provide the required payment and performance bonds, or letter of credit, and certificate of insurance, then this security, in the amount stipulated above, shall be forfeited and may be retained by the Village of Mount Prospect as liquidated damages and not as a penalty. All bids to remain firm for a period of ninety (90) days after bid opening date. SUBMITTED THIS SEAL (if corporation) DAY of 12022. Bidder's Agent and Agent's Title «,w�wA, Ck-,f .......... . ........ ------------- Title Mote: If bidder is a partnership, the bid must be signed by at least two of the partners. Mote: 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 3 15 BID SHEET E&TE, IOR PAINTING SERVICES CONTRACT .a — The undersigned Bidder herewith subrnits 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, 60055, prior to 1:00 p.m. on Monday, April 25, 2022. Bidder: M 7' ` SCHEDULE, of PRICES We will perform the services as outlined Exterior Painting Services 2022 for sums as follows: �BASE BID Est. Item Q Description Price Total Each color Btack 44 Ea. Streetlight pole, base, and Davit — Color ,lacl, 00 46 Ea , Pedestrian Pole, 1 2` height - black305-00 ...... I .. lhk� Total Bid �� p ��'• ��mmw a�... Aternatei work .. ..re, m .www.F,...... utreet Light Pole, Base and Davit Aft 1 14 Color black locatei on Main Street ap.w��400AS (0) app e,..._.._ .......................................... ............. Total for Atte nat Bid �,�* 08 alma 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, cor bination 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 ail additional worm (work not included in the base bid or alternate) that may be ultimately rove a b the pp y Village. KkA 16 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, 50056, by 1:00 p.m., Monday, April 25, 2022. (T 4�2 ......................... Name of Company/Firm ........... . . . . . . . .. A�r Address of Company/Firm 6ovo-qr' By: . ..................... ................ 04..; Phone: Ofe?) 77Z'- Of 8-e Date submitted: ��..2022 33 17 Also note any exceptions to the specifications. AV lap . . ................ . 0-f Ir lit PHONE # V7) 072a.- o 'Pee 5" 4OW�NATURE email r IIII M111. GINNER CITY, STATE, ZIP i�/42 , 12022 DATE Pvewiccr are, S&n e., aI 61e-,7o/e. f -Jrn:� to ler � prk� tceo�.,� � Alava. w fro M Z o /S- aozI . 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" 34 18 CONTRACT THIS Contract (hereinafter the "Contract") is entered into on this day of , by and between the�tl.LLAQE QFMOUNT 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*: I. 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) 7p Other materials or standards provided or noted by the Village 3. Contract 9 w. Applicable performance and labor and materials payment bonds, or letter of credit. 35 19 (Collectively the "Contact Documents") ARTICLE I1— 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 ENT 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 - 36 20 The Village of Mount Prospect 1700 (Nest 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 A REE ENIq s CCESSORS 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 Vtt - 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 37 21 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 V111 , DEFAULT 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 0" �`g U E 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 & CUMU ATI'VE ECIES 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 xII COMPLIANCE CE WITH 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 VIII , 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,y b 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: 38 F% 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 Asst NMENT 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 XVI11- 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, In ARTI!qLE x1x 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 AOVE�.T14EMENT 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. 39 23 ARTICLE XXI - CAPTIONS,, HEADINGS The paragraph headings which appear herein are included solely for convenience and shall not be used in the interpretation of this Contract. 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: P$'� By: /"'N Title: Dater ATTEST: Title. Date:1 ' 2 -1............... ........ dQ VILLAGE OF MOUNT PROSPECT By: Title: Date: ATTEST: Title: Date: 24