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HomeMy WebLinkAbout6.3 Motion to accept bid results for the 2023 & 2024 Sewer Catch Basin and Inlet Cleaning Contract as submitted by Pipe View America in amount not to exceed $56,250.Mr�GauC �'d'+rt;�iect Subject Motion to accept bid results for the 2023 & 202 Sewer Catch Basin and Inlet Cleaning Contract - submitted by Pipe View America in amount not toexceed • 0 Meeting Fiscal Impact Dollar Amount Budget Source Category Type Information February 21, 2023 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - true $56,250.00 General Fund and Water & Sewer Enterprise Fund CONSENT AGENDA Consent The proposed contract provides for the cleaning of Village -owned storm sewer catch basins and inlets. Catch basins and inlets are drainage structures that collect rain water and convey it to the storm sewer mains or combined sewer mains. The contract is let to clean and inspect approximately one sixth (1/6th) of the Village's sewer catch basins and inlets on an annual basis. The previous award was approved in 2020 as a two-year contract with a one-year extension. This annual program helps minimize the potential for storm sewer flow restrictions caused by clogged sewer structures. It also provides an opportunity to assess the structural integrity of inlets and catch basins on a scheduled basis. The bid award is for a two 2 -year term 2023 and 2024. The bid also includes an option to extend the contract by two (2) additional one (1) year extensions if both parties agree to terms and the contractor agrees to hold pricing. Work will be conducted at various locations throughout the Village. The bid was posted on the Villages website utilizing DemandStar online bid services. Bid prices are based on estimated quantities of 250 sewer catch basins 1 and 250 inlets to be cleaned. 11.31RM0*31JR1 A bid opening was scheduled with sealed bids being opened at 1:00 P.M. on January 30, 2023 for the proposed sewer catch basin and inlet cleaning contract. Plans/specifications were made available at the Village Of Mount Prospect's Demandstar website (online bidding house). The following three (3) bids were received: Company 2023 2024 Combined Name Bid Bid Total Pipe View $56,250 $56,250 $112,500 America National Power $93,750 $106,250 $200,000 Rodding Taza $280,000 $308,000 $588,000 Construction All bids were reviewed to ensure that the documents had all appropriate signatures and bid security. All bids were submitted with requisite documents, security and signatures. The lowest cost bidder is Pipe View America of Schaumburg, IL. Pipe View has worked for the Village performing sewer televising and inspection services in the past. All work was completed satisfactorily. In addition, all references were called with all responding that Pipe View has successfully completed work of this scale and scope in a satisfactory manner. Alternatives 1. Accept the lowest cost, responsive bid for the 2023-2024 Catch Basin & Inlet Cleaning Contract for an amount not to exceed $56,250. 2. Action at the discretion of the Village Board. Staff recommends that the Village Board accept the lowest cost bid for a two year 2 2023-2024 Catch Basin and Inlet Cleaning Contract as submitted by Pipe View America in an amount not exceed an annual amount of $56,250. 2024 expenditures will be contingent upon availability of funds for this purpose. Staff also requests authority to extend the contract by two, one-year extensions provided the contractor agrees to hold pricing. ATTACHMENTS: Catch Basin Inlet Storm cleaning.pdf KI BID FOR FROM: Pipe View America 13190 FM 130 S, Azle, TX 76020 (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") 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 — Catch Basin and Inlet Cleaning 2023-2024 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. In submitting this bid, the Bidder understands that the Village reserves the right to add to or subtract from the estimated quantities. CATCH BASIN AND INLET CLEANING 2023-2024 22 4 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 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 ......... _ gement by Bidder or Authorized Date Representative Acknowledged m o 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 is attached hereto in accordance with the "Instructions for Bidders". This Bid Submittal contains the following: 1) Bid Form 2) Affidavit — Bid Certification Form 3) Bid Security 4) BID SHEET(S) — Catch Basin and Inlet Cleaning 2023-2024 CATCH BASIN AND INLET CLEANING 2023-2024 23 5 Respectfully submitted: Name of Firm/Bidder: Pipe View America Tony Barger Title:Director of Estimating (Signature) Date: 1/27/2023 Contact Information: Official Address: 13190 FM 130 S, Azle TX, 76020 Telephone: 970-404-5182 Email: tonyb@pipeviewamerica-com ONE (1) SIGNED COPY OF THIS BID FORM AND BID SHEETS (Pages 22-29) ALONG WITH THE AFFIDAVIT — BID CERTIFCATION FORM, AND BID SECURITY SHALL BE SUBMITTED IN A SEALED MARKED ENVELOPE. CATCH BASIN AND INLET CLEANING 2023-2024 24 Ij AFFIDAVIT" - BID CERTIFICATION FOR Bidder: Company/Firm Name: ._..Pipe View America _.w. ,. Address: 13190 FM 130 S, Azle TX, 76020 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, _ ... Tony Barger being first duly sworn on oath, deposes �_._.w Director of Estimating....._........._...................__w. (sole owner, and states that he or she is Dir w�......._.. .............E.a, ... �.. enture , resident, Secretary, etc.) of partner, „ View of erica and has the authority to make all nt v (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 11 Bid Rigging and,Rotating The undersigned further states that Pipe View America -. a_.........._.._.._..............(Nameof Company/_µ...............__._.._ 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 Dru Free INolrk lace The undersigned further states that .. Pi e View America (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 lax Payment The undersigned further states that Pipe View America is CATCH BASIN AND INLET CLEANING 2023-2024 25 7 (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 Harassment Policv 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 Pipe View America has (Name of -Company) ... .....ww....................... ---- 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 t all information contained in this Affidavit is true and correct. Signed by: 64—,Z.. Title: ,r ----C j / �►ign � e Name Printed ,��IIGr,w�L�"-.��� �/�.MM ..._..�..�.�....�.-..._...._... Signed and sworn to before me this day of �inva• ry 2023 My expires: M commission 14 cats. Pudic MATTHEW JHOCHSTA-TER Official Seal Notary Public - State of Illinois My Commission Expires Sep 10, 2023 CATCH BASIN AND INLET CLEANING 2023-2024 26 f PFARUNM Included with this bid is a bank cashier's check, certified check or bid bond in the amount ofoe $.. 110,250 _ ..... .__.. .a being ten percent (10%) of the total amount bid by Pi e ViewµAmeric _. , 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 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 27 SEAL (if corporation) January DAY OF , 2023 Bidder: Tony Barger Pipe View America 13140 FM 130 S Azle TX, 76020 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 Illinois CATCH BASIN AND INLET CLEANING 2023-2024 27 9 BID SKEET The undersigned herewith submits a bid on Catch Basin and Inlet Cleaning 2023-2024 in accordance with the attached documents. All bids are to be delivered to the office of the Village Manager at 50 South Emerson Street 31d Floor, Mount Prospect, Illinois, 60056, prior to 1:00 p.m. on January 30, 2023. 2023 SCHEDULE OF PRICES We will perform the services as outlined Catch Basin and Inlet Cleaning for sums as follows: Est. Quantity Unit Price Ext. Cost Inlets 250 $ 75 $ 18,750 Catch Basins 250 $ 150 $ 37,500 Total: $ .w 56,250 2024 SCHEDULE OF PRICES We will perform the services as outlined Catch Basin and Inlet Cleaning for sums as follows: Est. Quantity Unit Price Ext. Cost Inlets 250 $ 75 $ 18,750 Catch Basins 250 $ 150 $ 37,500 56,250 Total: $ TOTAL CATCH BASIN AND INLET CLEANING 2023-2024 2023 Total $ 56,250 2024 Total $ 56,250 Combined Total $ 112,500 Submitted this 27 day of January , 2023. CATCH BASIN AND INLET CLEANING 2023-2024 28 10 Mark outside of envelope: "CATCH BASIN AND INLET CLEANING 2023-2024," 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, January 30, 2023. Pipe View America Name of Company/Firm 13190 FM 130 S, Azle, TX 76020 Address of Company/Firm By: Tony Barger �.........�.........................._.......................wwww�..... Phone: 970-404-5182 Date submitted: January 27 2023 ..............................,.....��.......,,,,,,,,,,,,,,,,,,,,.�.o�.o.�. w Also note any exceptions to the specifications. COMPANY OWNER 13190 FM 130 S Azle, TX 76020 970-404-5182 ADDRESS _ CITY, STATE, ZIP PHONE # January 27 2023 SIGNATURE DATE Note: All bids to remain firm for thirty (90) days. Be sure to mark the outside of the envelope, "Sealed Bid for CATCH BASIN AND INLET CLEANING 2023-2024." CATCH BASIN AND INLET CLEANING 2023-2024 29 11 EXHIBIT B VILLAGE OF MOUNT PROSPECT CATCH BASIN AND INLET CLEANING 2023-2024 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 _ ......_.._._ _.nw,.....,,ww....._,... _._........�. located at mmmmm_ MMM m Illinois, (hereinafter the "Contractor").. 1. GENERAL As stated in the bid document. 2. SPECIFICATIONS As stated in the bid document. 3. CONTRACTOR RESPONSIBILITY ,, F RR PRO EµTY/HOLD ARMLESS Contractor agrees to defend and hold harmless the Village from and against all demands, claims, suits, costs, expenses, damages and adjustments based upon any infringement of any patent relating to goods specified in the contract, and on account of the Village's use of any copyrighted or uncopyrighted, composition, trade secrets, secret process, proprietary rights, patented of unpatented invention, article or appliance furnished or used under the proposal Specifications. 4. ADHERENCE TO LAWS Employees and agents of Contractor shall obey all federal, state, county and municipal laws and ordinances during the execution of their duties under this Contract. The existence of this Contract does not exempt such individuals from compliance with such laws or ordinances, nor does it convey any special rights or privileges upon those individuals. Contractor shall meet all applicable licensing requirements of the Village. In addition, Contractor is required to comply with all federal, state, county and municipal laws and ordinances, including the following: a. Provide a drug free workplace pursuant to the Illinois Drug Free Workplace Act (30 ILCS 580/1, et seq.); b. Comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1 et seq.); C. Comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et seq.), and the Rules and Regulations of the Illinois Department of Human Rights, including establishment and maintenance of a sexual harassment policy as required by Section 2-105 of that Article and Act; d. Comply with the Americans with Disabilities Act; and CATCH BASIN AND INLET CLEANING 2023-2024 30 12 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 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 CATCH BASIN AND INLET CLEANING 2023-2024 31 13 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. & LOG BOOK RECORDS & REPORTS t UIREl The Contractor shall provide the Village with a written status report on its provision of services required by the Contract. This report shall be due before the tenth day of the following month. 7. METHODS OF PAYMENT Payment under the Contract will be made in accordance with the Illinois Local Government Prompt Payment Act, 50 ILCS 50511 et seq. 8. HOLD HARMLESS AGREEIVNEI T CONTRACTUAL LIAI3ILITY 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 CATCH BASIN AND INLET CLEANING 2023-2024 32 14 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 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. This Contract shall be in effect beginning February 21, 2023, and shall remain in effect until December 31, 2024, unless terminated by either party under the conditions specified in Section 10, Contract Termination. Upon satisfactory completion of the initial two (2) year term of the contract the Contract may be extended for up to two (2) additional one year terms beyond the termination date by mutual, written agreement between the Village and the Contractor. The Contractor must agree to hold their prices at the same rate as the previous year. The Village reserves the right to re -bid the contract at the end of any contract period. 12. COMPLIANCE WITH FREEDOM OF INFORMATION ACT REQUEST CATCH BASIN AND INLET CLEANING 2023-2024 041 15 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. IINT RPRETATION Any headings of the Contract are for convenience of reference only and do not define or limit the provisions thereof. Words of gender shall be deemed and construed to include correlative words of other genders. Words importing the singular shall include the plural and vice versa, unless the context shall otherwise indicate. All references to any person or entity shall be deemed to include any person or entity succeeding to the rights, duties and obligations of such person or entity succeeding to the rights, duties and obligations of such person or entity in accordance with the terms and conditions of the Contract. 17. WAIVER OF BREACH If either party waives a breach of any provision of this Contract by the other party, that waiver will not operate or be construed as a waiver of any subsequent breach by either party or prevent either party from enforcing such provisions. 18. MERGER -AMENDMENT CATCH BASIN AND INLET CLEANING 2023-2024 34 16 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 on 2023. AN Attest: Karen.................._.w......._�.�.�..�............_....._._..W� Agoranos, Village Clerk Corporate Name: Am Attest: Secretary (Corporate Seal) VILLAGE OF MOUNT PROSPECT, an Illinois Municipal Corporation Its CATCH BASIN AND INLET CLEANING 2023-2024 35 17