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HomeMy WebLinkAbout6.4 Motion to accept bid for the Village Hall Booster Pump Replacement Project in an amount not to exceed $62,667.Mr�GauC �'d'+rt;�iect Subject Motion to accept bid for the Village Hall Booster PumpReplacement Project an • • i to exceed Meeting Fiscal Impact Dollar Amount Budget Source Category Type Information March 21, 2023 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - true $62,667.00 Capital Improvements Fund Consent One of this year's planned capital improvement projects is to remove and replace the domestic potable water booster pump at Village Hall. The Village Hall domestic potable water booster pump is original equipment from 2003 and has met the designed life expectancy of the system. Furthermore, the existing system is very inefficient in that the pump system utilizes a constant speed drive that comes online at full capacity regardless of demand. Modern systems utilize variable frequency drives that operate at levels dictated by demand resulting in significant energy savings. Bid documents were developed that included industry specification designs resulting in an efficient system intended to last 20-25 years. A mandatory pre-bid meeting was held on February 23, 2023, at the Village Hall. Staff provided an onsite overview of the project and answered questions from potential bidders in attendance. Sealed bids were publicly opened at 1:00 p.m. on February 27, 2023. Five (5) bids were received. The results are as follows: 1 Amount to be added to base bid for all weekend work (Saturday - Sunday). Staff reviewed all submittals to verify that bidders satisfied bid requirements. Key components of the project include ANSI/NSF standard compliance, inclusion of a programmable controller (PLC), and building automation system connectivity. All bidders submitted satisfactory bid documents. The apparent lowest -cost, responsive bid was submitted by J.O.S. Services of Lake Bluff, Illinois (J.O.S.). J.O.S. is a plumbing contractor specializing in pump installations. The firm has not performed any work for the Village in the past. However, they have successfully completed projects of similar scale and scope for the University of Illinois at Chicago, City of Chicago (Maggie Daley Park), and Benedictine University. Staff contacted all references provided by J.O.S. Services receiving positive feedback. All references indicated that the firm completed work satisfactorily and under budget. Staff has concluded that the firm is well qualified to perform the proposed work at the submitted price. It is recommended that a 10% contingency be included in the project award to allow for variances and unanticipated conflicts. For this project, a 10% contingency added to the lowest bid would result in a total contract award of $62,667. (Total Bid Amount: $56,970 + Contingency: $5,697 = Total Recommended Award: $62,667). 2 Base *Weekend Total Company Bid Add to Bid Bid Amount J.O.S. $55,930$1,040 $56,970 Services, Inc. Hill $66,613$1,200 $67,813 Fettes Lou- $65,510 $4,025 $69,535 Siben DeFranco $68,977 $3,300 $72,277 Plumbing Ewing Doherty $67,000 $8,500 $75,500 Amount to be added to base bid for all weekend work (Saturday - Sunday). Staff reviewed all submittals to verify that bidders satisfied bid requirements. Key components of the project include ANSI/NSF standard compliance, inclusion of a programmable controller (PLC), and building automation system connectivity. All bidders submitted satisfactory bid documents. The apparent lowest -cost, responsive bid was submitted by J.O.S. Services of Lake Bluff, Illinois (J.O.S.). J.O.S. is a plumbing contractor specializing in pump installations. The firm has not performed any work for the Village in the past. However, they have successfully completed projects of similar scale and scope for the University of Illinois at Chicago, City of Chicago (Maggie Daley Park), and Benedictine University. Staff contacted all references provided by J.O.S. Services receiving positive feedback. All references indicated that the firm completed work satisfactorily and under budget. Staff has concluded that the firm is well qualified to perform the proposed work at the submitted price. It is recommended that a 10% contingency be included in the project award to allow for variances and unanticipated conflicts. For this project, a 10% contingency added to the lowest bid would result in a total contract award of $62,667. (Total Bid Amount: $56,970 + Contingency: $5,697 = Total Recommended Award: $62,667). 2 Alternatives 1. Accept lowest -cost, responsive bid for the Village Hall Booster Pump Replacement Project. 2. Action at the discretion of the Village Board. Staff recommends that the Village Board accept the lowest -cost, responsive bid from J.O.S. Services of Lake Bluff, Illinois for the Village Hall Domestic Water Booster Pump Replacement Project in a not to exceed amount of $62,667. ATTACHMENTS: Village Hall Booster Pump - JOS Services BID.pdf Bid Tab.pdf KI EXHIBIT A (Upon award of contract, to be attached to the Village Hall Domestic Water Booster Pump Replacement Project as Exhibit A) PROPOSALIFORM OWNER INFORMATION Owner Name: James Seibert Address: 905 Safford Ave, Lake Bluff, IL 60044 Business Name: J.O.S. Services, Inc. Business Address: 905 Safford Ave, Lake Bluff, IL 60044 Business 224-544-5953 Home Phone: Phone: This Business is a: El Individual Proprietorship Is D Joint Venture El Partnership � Corporation If applicable, give names, addresses, and dates of birth of all partners, officers or directors. Village Hall Domestic Water Booster Pump Replacement 21 4 Has the applicant, business, or r• of the • ever had a 0 license or contract revoked, suspended • cancelled? YES NO If yes, explain in full detail on a separate sheet of paper. Does the business currently hold a license or have a contract with any other municipality for service? E] YES Ox NO If yes, explain in full on a separate sheet of paper. Have any complaints against the business been filed with the Illinois Commerce Commission, the Office of the Illinois Attorney General, or any other governmental body during the period of one year prior to the date of this proposal? ❑ YES N NO If yes, explain in full on a separate sheet of paper. Please note, the Village reserves the right to conduct its own search with the Illinois Commerce Commission, the Illinois Attorney General, or any other governmental body, and may take into consideration any complaints and/or pending complaints made against the business or owner. In submitting this Proposal Form requesting award of the Village of Mount Prospect • the Village Hall Domestic Water Booster Pump Replacement Project , I hereby certify that: 1 1 will not assign or subcontract Proposed Work or Preparation Services for the ,• • prior written approval of N Authorities of the Village • Mount Prospect; 2. Neither 1, nor any person who will •- working on my behalf, has •-- convicted •- the laws of • • any • state • an • which under the laws • this state would •- a felony involving the theft • property, violence to persons, • criminal damage to property. Please note that in the case of a person whose last conviction was more than • years past, and can demonstrate a compelling showing that he/she is nevertheless fit, such person • operator may • approved by r Manager if otherwise eligible; 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 0 580/1, et seq.); Village Hall Domestic Water Booster Pump Replacement 22 5 6. 1 shall comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et and the Rules and Regulations of the Illinois Department of Human Rights, including establishment and maintenance of a sexual harassment policy as required by Section 2-105 of that Article and Act; 7. 1 shall comply with the Americans with Disabilities Act; 8. 1 shall comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1 et seq.); and 9. All of the information I have provided in this Application has been truthful and given in good faith. Name of Company ZMEMMIMM *• • J.O.S. Services, Inc. James Seibert President a Date 02/24/2023 Bidder must use the official firm name and authorized representative must sign. E Village Hall Domestic Water Booster Pump Replacement 23 6 "Village Hall Domestic Water Booster Pump Replacement ", Village of Mount Prospect 0 Department of Public Works FROM: J.O.S. Services, Inc. TO: Office of the Village Manager, V Floor 50 South Emerson Street Mount Prospect, Illinois 60056 (hereinafter called "Village" or "Village of Mount Prospect") OMU*�Mr VZRMM= The bidders have familiarized themselves with the services to be performed and probable wom conditions required under this Bid affecting the cost of the performance of the required services a with the Bid Documents which include: I 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 Contract Document Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel, labor, material� tools, equipment, and services (including all utility and transportation services) required to perform t required services, all in accordance with the above listed documents. I lidder agrees to perform all of the required services and provide the equipment and materials described n 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. $1111! 01111 11111 1 9 MINE I a DIM21 A I et In [$a I MR I V-44100 109 Ian 011 PON r « r rrr r In submitting this bid, the Bidder understands that the Tillage reserves the right to add to or subtract from the estimated quantities. *he 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 Village Hall Domestic Water Booster Pump Replacement 24 7 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. he Bidder, and as successful bidder/contractor upon award of the contract, understands and agrees WTthe following: 1) The contractor agrees to provide all required services and items and material to the Village as not in thBiDcuments an•comply with the ruirements•f the Bd Do icuments. 2) The contractor agrees to comply with all applicable federal and state laws, rules and regulatioml edod eqo 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 provid • below: Addendum No. Addendum -Date Acknowledgement by Bidder or Authorized RKepresentative Date Acknowled2ed 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. Opon 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. Sec ity in the sum of ten (10%) percent of the amount bid in form of (check one): Bid Bond Certified Check Bank Cashier's Check is attached hereto in accordance with the "Instructions for Bidders". This Bid Submittal contains the following: 1) Bid Form 2) Affidavit — Bid Certification Form 3) Bid Security 4) BID SHEET(S) — "Village Hall Domestic Water Booster Pump Replacement Project Respectfully submitted: , ame of Firm/Bidder: J.O.S. Services, Ine- Village Hall Domestic Water Booster Pump Replacement 25 8 By: r -N (Signature) JameSeibert, President FOMW2M Contact Information: Official Address: 905 Safford Ave., Lake Bluff, IL 60 91 Telephone: 224-544-5953 Email: info@josservicesinc.net / jlemke@josservicesinc.net 111PINJU, Mr3MMIR41111 F-1 4 111111:14M 11:11,11 IN 1:4 ON low-ly-IM-114:4 $I �A V-11 til INA oil OWWROJU E Village Hall Domestic Water Booster Pump Replacement 26 9 Ell Bidder: Wompany/Firm Name: J.O.S. Services, Inc. "I I 11111111 111 11111111 pill ll� I�Ii 11111 !111 i I 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, James Seibert being first duly sworn on oath, deposes and states that he or she is President (sole owner, partner, joint ventured, President, Secretary, etc.) of J.O.S. Services, Inc. and has the authority to make all (Name of Company) certifications required by this affidavit. Section I Non -Collusion The undersigned certifies that this bid is genuine and not collusive or a sham, that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, to fix the bid price element of this bid, or of that of any other bidder, or to secure any advantage against any other bidder or any person interested in the proposed contract. Oection 11 Bid Rigging and Rotating The undersigned further states that J.O.S. Services, Inc. --- ..... . -- - ------- - (Name of Company) * •* , ULT •WON, r 6 0 4 0 • Section III Drug Free Workplace The undersigned further states that J.O.S. Services, Inc. (Name of Company) provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 ILCS 580/1, et seq., and has, to the extent not covered by a collective bargaining agreement that deals with the subject of the Substance Abuse Prevention in Public Works Projects Act, 820 ILCS 265/1 et seq., a substance abuse prevention program that meets or exceeds these requirements of that Act, Section IV Tax Payment The undersigned further states that J.O.S. Services, Inc. is (Name of Company) not delinquent in payment of any taxes to the Illinois Department of Revenue, in accordance with Illinois ompiled 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. 27 10 Section V Sexual Harassment Policy *ursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A), every party to a ublic contract must: "Have written sexual harassment policies that shall include, at a minimum, the following information: (1) the illegality of sexual harassment; (11) the definition of sexual harassment under State law; (111) a description of sexual harassment, utilizing examples; (IV) the vendor's internal complaint process including penalties; (V) the legal recourse, investigative and complaint process available through the Department (of Human Rights) and the Commission (Human Rights Commission); (VI) directions on how to contact the Department and Commission; and (VII) protection against retaliation as provided by Section 6-101 of the Act. (Illinois Human Rights Act)." A "public contract" includes: ... every contract to which the State, any of its political subdivisions or any municipal corporation is a party." 775 ILCS 5/1-103 (M) (2002), The undersigned further states that J,O.S. Services, Inc. I MM (Name of Company) a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105 (A) (4). It is expressly understood the foregoing statements and representations and promises are made as a condition to the right of the bidder to receive payment under any award made under the terms and provisions of this bid. 4 he undersigned certifies that all information contained in this Affidavit is true and correct. Signed by: Title: President Name Printed: Signed and sworn to before me this 24th day of February 2023. "O Crum "OFFIC14L SEAL NNA G. STAVROPOULOS 'Y NOTARY PUBLIC SIAM OF kLL NUS ( 'M Cornm&ion ax res 12.11 5l2094 E Village Hall Domestic Water Booster Pump Replacement 28 11 AMPIAMIMM Included with this bid is a bank cashier's check, certified check or bid bond in the amount of Ank $56,970.00 being ten percent (10%) of the total amount bid by W J.O.S Services, Inc. the bidder, in favor of the Village of Mount Prospect. It is hereby agreed that, should bidder be awarded the contract for services contemplated under this bid and fail or refuse to execute a contract for the performance of said services, or to provide the required payment and performance bonds, or letter of credit, and certificate of insurance, then this security, in the amount stipulated above, shall be forfeited and may be retained by the Village of Mount Prospect as liquidated damages and not as a penalty. All bids to remain firm for a period of ninety (90) days after bid opening date. SUBMITTED THIS 24th DAY OF January 2023. SEAL (if corporation) ----- Bidder's Agent and Agent's Title 0 James Seibert ar;wlimd Title Note: If bidder is a corporation, the bid must be signed by an authorized officer of the corporatio attested and sealed by the secretary or other authorized officer. I Incorporated under the laws of the State of Illinois 11 Village Hall Domestic Water Booster Pump Replacement 29 12 Village Hall Domestic Water Booster Pump Replacement Project *he undersigned herewith submits a bid on Village Hall Domestic Water Booster Pump Replacement Project in accordance with the attached documents. All bids are to be delivered to the office of the Village Manager at 50 South Emerson Street V Floor, Mount Prospect, Illinois, 60056, prior to 1:00p.m. on Monday, February 27, 2023. We will perform the services as outlined Village Hall Domestic Water Booster Pum Replacement for sums as follows: I Total: Village Hall Domestic Water Booster Pump Replacement Complete Base Contract Price $ $55,930*00 ME= be added to above price for all weekend work (Saturda $ y- 1,040.00 Submitted this 24thday of February 2023. *Mark outside of envelope: " Village Hall Domestic Water Booster Pump Replacement " 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, February 27, 2023. J.O.S. Services, Inc. Name of Company/Firm Address of Company/Firm By: James Seibert, President #ate submitted: February 24th , 2023 30 13 Also note any exceptions to the specifications. E IIF 905 Safford Ave. Lake Bluff, IL 60044 224-544-5953 ADDR S CITY, STATE, ZIP PHONE# February 24th 2023 SIG NATURIt,,_/f DATE Note: All bids to remain firm for thirty (90) days. Be sure to mark the outside of the envelope, "Sealed Village Hall Domestic Water Booster Pump Replacement E Village Hall Domestic Water Booster Pump Replacement 31 14 VILLAGE OF MOUNT PROSPECT Village Hall Domestic Water Booster Pump Replacement 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 J.O.S. Service.s. Imo, an plumbing contractor -, located at Lake Bluff --, Illinois, (hereinafter the "Contractor"). GENERAL As stated in the bid document. C". CONTRACTOR RESPONSIBILITY FOR PROPERTY/HOLD HARMLESS Contractor agrees to defend and hold harmless the Village from and against all demands, claims, suits, costs, expenses, damages and adjustments based upon any infringement of any patent relating to goods specified in the contract, and on account of the Village's use of any copyrighted or uncopyrighted, composition, trade secrets, secret process, proprietary rights, patented of unpatented invention, article or appliance furnished or used under the proposal Specifications. 4. ADHERENCE TO LAWS Employees and agents of Contractor shall obey all federal, state, county and municipal laws and ordinances during the execution of their duties under this Contract. The existence of this Contra%� 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 sea.), 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; dComply with the Americans with Disabilities Act; and e. Comply with the provisions of the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE required by the Illinois Department of Human Rights as a material term of all public contracts, which states as follows: Village Hall Domestic Water Booster Pump Replacement 32 15 Title 44, Part 750, Section 750, APPENDIX A, Illinois Administrative Code, Equal Employment Opportunity Clause 0 EQ1AL EMPLO"T-W&+T-0PP0RTU*Mir see corporations, and the • may • cancelled • voided in whole • in •. and such other • • • may • imposed • `• invoked as provided • statute • regulation. During the performance • this • the contractor «• 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 • .• for employees placed • it • on its • it will state that all applicants will •" afforded equal •••M 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 or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules. • That it will permit access to all relevant •NN records, • and • 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 33 16 contracting agency and the Department in the event any subcontractor fails or refuses to comply therewith. In addition, the contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. With respect to the two types of subcontracts referred to under paragraph 7 of the Equal Employment Opportunity Clause above, following is an excerpt of Section 750.30 of the Department of Human Right's Rules and Regulations for Public Contracts: Title 44, Part 750, Section 750.30, Illinois Administrative Code, Subcontracts Each public contractor and subcontractor shall in turn include the Equal Employment Opportunity Clause set forth in Appendix A of this Part in each of its subcontracts under which any portion of the contract obligations are undertaken or assumed, said inclusion to be either verbatim or by reference so that the provisions of the clause will be binding upon such subcontractors. 5. FEE SCHEDULE The charges to be assessed by Contractor under this Contract are set forth in the fee schedule contained in Exhibit A. 6. LOG BOOK, RECORDS & REPORTS REQUIRED The Contractor shall provide the Village with a written status report on its proon of servic required by the Contract. This report shall be due before the tenth day of the following monthl 7. ITETMODS OF PA"T" MI E 11 T Payment under the Contract will be made in accordance with the Illinois Local Government Prompt Payment Act, 50 ILCS 505/1 et seq. 8. HOLD HARMLESS AGREEMENT (CONTRACTUAL LIABILITY) Contractor assumes full responsibility for the acts and omissions of its employees and agents while engaged in performing services under the Contract. Contractor agrees, to the greatest extent permitted by Illinois law, to protect, indemnify, save and hold forever harmless the Village, its officers, appointed and elected officials, Mayor and Board of Trustees, employees, volunteers, attorneys and agents from and against any and all liabilities, obligations, claims, losses, damages, penalties, and costs and expenses resulting from any suit, claim, demand, judgment, or cause of action initiated by any person, including Contractor and its officers, officials, employees, subcontractors, volunteers and agents, arising out of, connected with, or in any way associated with the performance of services covered by this Contract or the equipment used in connection therewith. 9. CONTRACTOR'S LIABILITY INSURANCE Contractor shall not commence with the performance of services under this Contract until it has obtained all insurance required hereunder and such insurance has been approved by the Village. Certificates of such insurance shall be filed with the Village prior to commencing work. Additionally, Contractor will provide the Village with a letter from the insurance carrier that the Village will be notified within thirty (30) days of the pending cancellation of any policy relating to this Contract. Each insurance company shall be subject to approval by the Village, and the respective policies shall name the Village as an addonal named insured. Approval of the insurance by the Village shall not relieve or decrease the liability of Contractor hereunder. Such insurance is primary and Village Hall Domestic Water Booster Pump Replacement 34 17 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. 1101 Contractor shall maintain all insurance required under subsections a through h of this Section for not less than one (1) year after completion of this contract. 10. CONTRACT TERMINATION The Village and Contractor reserve the right to terminate the Contract at any time upon ten (10) days advance written notice to the other party. In addition to the provisions set forth in Section General conditions (A,6) for immediate termination, failure of Contractor to perform any aspect of this Contract properly and/or to provide proper treatment to the general public, in the sole discretion of the Vilage, is cause for immediate termination of the Contract without prior notice. 11. LENGTH OF CONTRACT This Contract shall be in effect once board approved, and shall remain in effect until November 30, 2023, unless terminated by either party under the conditions specified in Section 10, Contract Termination. 12. COMPLIANCE WITH FREEDOM OF INFORMATION ACT REQUEST The Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1 et seq., applies to public recor in the possession of a party with whom the Village has contracted. The Village will have only very short period of time from receipt of a FOIA request to comply with the request, and there a significant amount of work required to process a request including collating and reviewing thl information. Contractor acknowledges the requirements of FOIA and agrees to comply with all requests made by the Village for public records (as that term is defined by Section 2(c) of FOIA) in its possession and to provide the requested public records to the Village within two (2) business days of the request being made by the Village. Contractor agrees to indemnify and hold harmless the Village from all claims, costs, penalty, losses and injuries (including but not limited to, attorney's fees, other professional fees, court costs and/or arbitration or other dispute resolution costs) arising out of or relating to its failure to provide the public records to the Village under this Contract. 13. Contractor shall not assign this Contract or any part thereof without the prior written consent of the Village. Approval, if any, for such assignment shall be made by the Corporate Authorities of the Village. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective assigns, legal representatives and successors in interest. 14. GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws of the State of Illinois and applicable federal law. Venue shall only be proper in a court of competent jurisdiction located within the County of Cook, Illinois. 15. SEVERABILITY The invalidity or unenforceability of one or more of the terms or provisions contained in this Contract shall not affect the validity or enforceability of the remaining terms and provisions of this Contract so long as the material purposes of this contract can be determined and effectuated. 16. INTERPRETATION Village Hall Domestic Water Booster Pump Replacement 35 18 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 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 Mayor, and attested by the Village Clerk. In Witness thereof, the said parties have executed and signed this contract 0 HE Attest: Karen Agoranos, Village Clerk Attest: Secretary (Corporate Seal) Ifflom In Village Hall Domestic Water Booster Pump Replacement ss19 Bid Tabulation for Mount Prospect Village Hall Booster Pump Replacement -2/27/2023 Company Bid Bond Base Bid Add to Bid Total Bid (Weekend Work) Jos Services XXX $55,930 $1,040 $56,970 Ewing Doherty XXX $67,000 $8,500 $75,500 Fettes Lou- XXX $65,510 $4,025 $69,535 Siben Hill XXX $66,613 $1,200 $67,813 Defranco XXX $68,977 $3,300 $72,277 Plumbing 20