R-59-15 Approving a Proposal for Crystal Maintenance Service, Corp. Resolution No. ft-5- -1 ej'�
A Resolution Approving a Proposal for Crystal Maintenance Service, Corp
WHEREAS, the Village of Lemont("Village") issued a Request for Proposals for
Custodial Services; and
WHEREAS, the Village received five proposals in response to its request; and
WHEREAS, after Village staff conducted a thorough review of all proposals and
contacted references, Village staff has recommended awarding Crystal Maintenance Services,
Corp; and
WHEREAS, upon receipt and review of the said proposal, the President and Board of
Trustees have determined that it is advisable, necessary and in the best interests of the Village to
accept the proposal from Crystal Maintenance Services, Corp.
NOW THEREFORE,BE IT RESOLVED BY THE VILLAGE PRESIDENT AND
VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL
AND DUPAGE COUNTIES AS FOLLOWS:
Section One: The Agreement attached hereto as Exhibit A is hereby approved.
Section Two: The Village Administrator is authorized to accept the proposal from
Crystal Maintenance Services, Corp attached hereto as Exhibit A, to make minor changes to the
document prior to execution that do not materially alter the Village's obligations, and to take any
other necessary s
p ary to carry out this Resolution.
Section Three: This Resolution shall be in full force and effect from and after its passage
and approval as provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE,
ILLINOIS on this 23 day of November,2015
1
PRESIDENT AND VILLAGE BOARD MEMBERS:
AYES: NAYS: ABSENT: ABSTAIN
Debby Blatzer V
Paul Chialdikas
Clifford Miklos
Ron Stapleton
Rick Sniegowski 7
Jeanette Virgilio
Aft
-'TN K. REAVES
President
ATT ST:
CHARLENE M. SMOLLEN
Village Clerk
2
Village of Lemont
2016 Custodial Services
Bid and Contract Documents
TABLE OF CONTENTS
� ONTENTS
INVITATION' 2
INSTRUCTIONS TO BIDDERS
4
PERFORMANCE AND PAYMENT BOND
PUBLIC CONTRACT STATEMENTS
7
SCHEDULE OF PRICES
8
SECURITY
8
BID SPECIFICATIONS
11
GENERAL CONDITIONS OF THE CONTRACT
12
CONTRACT
18
APPENDIX A
' 23
Example of Certificate of Authority 23
APPENDIX B
. 24
Example of Certificate of Insurance
24
APPENDIX C
. 25
Listing of Custodial Services 25
INVITATION TO BID
CUSTODIAL SERVICES 2016
RECEIPT OF BIDS
Sealed bids for the Village of Lemont 2016 Custodial Services are invited and will be received by the Village of
Lemont (hereinafter referred to as The Village) at 418 Main Street (Village Hall), Lemont, Illinois 60439 on or
before, but not later than 10:00 A.M. Local Time on Friday, October 16, 2015. Each Bidder shall be required to
submit one original digital copy(PDF Format) and one paper copy of their respective bid in a sealed envelope or
box.Sealed envelopes or packages containing bids shall be marked or endorsed:
Bid for Village of Lemont, Illinois
Custodial Services 2016
MANDITORY WALKTHROUGH
All bidders are required to visit each building described in Appendices.Village staff will conduct a walkthrough of
each facility on Wednesday, September 14, 2015 at 9:30 am. The walk through will begin at the Village Board
room in Village Hall at 418 Main Street, Lemont, Illinois.
GENERAL DESCRIPTION OF WORK
The following invitation for bid involves providing Custodial Services to Facilities in the Village of Lemont.
For information on how to receive a copy of the Bid Package contact the Public Works Department at
630-257-2532
2
HOLDING OF BIDS
No Bid shall be withdrawn after Friday October 16, 2015 at 10:00 AM without the consent of the Village, for a
period of sixty(60)days.
QUALIFICATION OF BIDDERS
It is the intention of the Village to award a contract only to the Bidder who furnishes satisfactory evidence that
they have the'requisite qualifications and ability and that they have sufficient capital and facilities to enable them
to complete the work successfully and promptly,and to complete the work within the time named in the Contract
Documents.
The Village may make such investigations as it deems necessary to determine the qualifications and ability of the
Bidder to perform the work,and the Bidder shall furnish to the Village all the information and data for this purpose
as the Village may request. The Village reserves the right to reject any Bid if the evidence submitted by, or
investigation of such Bidder fails to satisfy the Village that such Bidder is ro eri
p p y qualified to carry out the
obligations of the contract and to complete the work contemplated therein. Conditional Bids will not be accepted.
BID QUESTIONS
All comments or concerns regarding this Bid shall be addressed to the Village of Lemont Public Works Department
via email at csmith @lemont.il.us. This will allow for responses to go to all Bidders in the event that the question
has a pertinent relevance to all those involved. All such questions must be posed no later than one week before
the bids are due.
AWARD OF CONTRACT
The Village reserves the right to award a contract which in its judgment is in the best interest of the Village.The
Village reserves the right to select which Items listed in the Schedule of Prices shall be included in the contract,
including the right to accept or reject any or all Bids,or any part thereof;waive any minor defects,irregularities;
and to decide not to award any contract. The anticipation start date of the contract is January 1,2016.
3
INSTRUCTIONS TO BIDDERS
1. All bidders are required to visit each building described in Appendices. Village staff will conduct a walk
through of each facility on Wednesday,September 14,2015,at 9:30 AM. The walk through will begin at
the Village Board room in Village Hall at 418 Main Street,Lemont, Illinois.
2. Bid to be made on Schedule of Prices form which is included in the Contract Documents.
3. Bid documents must be accompanied by an acceptable bid bond.
4. Public Contract Statements must be signed and submitted with the bid documents.
5. Performance and Payment Bond and Proof of Insurance coverage must be on file with the Village of
Lemont before work can be started. The Village of Lemont must be named as"additional insured"on the
Contractor's general comprehensive liability policies.
6. Bidders shall at the time of making its Bid,and as part of its Bid,submit a list of all the subcontractors and
equipment suppliers with whom it proposes to contract, and the class of work or equipment to be
performed or furnished by each. Such list shall not be added to,nor altered,without the written consent
of the Village. The Village reserves the right to approve any and all subcontractors and no subcontractor
shall be allowed to do work unless they are listed in the Bidder's Bid, or in a subsequent written
statement to the Village.
7. Bidder shall not under any circumstances be relieved of its liabilities and obligations. All transactions of
the Village shall be with the Bidder. Subcontractors shall be recognized only in such capacity.
8. The Village reserves the right to reject any and all bids,to waive any informality in bidding, or accept the
bid that,in its opinion,will serve its best interests.
9. The bid security of the two (2) lowest formal bidders for the Contract will be held until the contract is
executed and approved and then returned to these bidders. The balance of the bid securities submitted
will be returned within ten(10)days after the opening of bids.
10. Each bidder shall submit with its bid the following data within five(5)days of submission of this bid:
a. A statement that the bidder maintains a permanent place of business and address thereof.
11. Any bidder may be required by the Village to submit additional data to satisfy the Village that such bidder
is prepared to fulfill the Contract,if it is awarded to them.
12. Bidders shall inform themselves of all the conditions under which the work is to be performed concerning
the sites of the work,the structure of the ground,the obstacles which may be encountered,and all other
relevant matters concerning the work to be performed.
13. The Contractor to whom a contract is awarded will not be allowed any extra compensation by reason of
any matters or things concerning which the Contractor did not inform itself prior to bidding. The
successful Contractor must employ,so far as possible,such methods and means in the carrying out of his
work as will not cause any interruption or interference with any other Contractor.
4
PERFORMANCE AND PAYMENT BOND
Bond Number:
KNOW ALL MEN BY THESE PRESENTS,ESENTS,T hat
as Principal,and
as Surety,are held and firmly bound unto the full
and just sum of Dollars
($ ),lawful money of the UNITED STATES OF AMERICA for the payment of which sum of money well
and truly to be made, we bind ourselves, heirs, executors, administrators, successors and assigns,jointly
and severally,firmly by these presents;
WHEREAS,The Principal has entered into a certain written Contract, dated this
day of ,2015,with the for
complete, as described in the
foregoing Contract.
NOW THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if the said Principal shall in all
respects will and truly keep and perform the said Contract, and shall pay all sums of money due or to
become due, for any labor, materials, apparatus, fixtures or equipment furnished for the purpose of
construction of the work provided in said Contract, and shall remove and replace any defects in
workmanship or materials which may be apparent or may develop within a period of one(I)year from the
date of final acceptance,then this obligation shall be null and void;otherwise it shall remain in full force
and effect.
And the said Surety,for value received, hereby stipulates and agrees that no change, extension
of time,alteration or addition to the terms of the contract or to the work to be performed thereunder of
the specifications accompanying the same shall in any way affect its obligation on this bond, and it does
hereby waive notice of any such change, extension of time, alteration or addition to the terms of the
contract or to the work or to the specifications.
5
IN WITNESS WHEREOF,we have hereunto set our hands and seal this
day of ,2015.
(SEAL)
(SEAL)
(SEAL)
(SEAL)
Principal
WITNESS:
(If Individual or Firm)
ATTEST:
(If Corporation)
(SEAL)
(SEAL)
Surety
ATTEST:
(Surety)
6
VILLAGE OF LEMONT PUBLIC CONTRACT STATEMENTS
The Village of Lemont is required to obtain certain information in the administration and awarding of public contracts. The
following Public Contract Statements shall be executed and notarized.
PUBLIC CONTRACT STATEMENTS
CERTIFICATION OF CONTRACTOR/BIDDER
In order to comply with 720 Illinois Compiled Statutes 5/33 E-1 et seq.,the Village of Lemont requires the following certification be
acknowledged:
The below-signed bidder/contractor hereby certifies that it is not barred from bidding or supplying any goods,services or
construction let by the Village of Lemont with or without bid,due to any violation of either Section 5/33 E-3 or 5/33 E-4 of
Article 33E,Public Contracts,of the Chapter 720 of the Illinois Complied Statutes,as amended. This act relates to
interference with public contracting,bid rigging and rotating,kickbacks,and bidding.
CERTIFICATION RELATIVE TO 65 ILCS 5/11-42.1.1
In order to comply with 65 Illinois Complied Statutes 5/11-42.1.1,the Village of Lemont requires the following certification:
The undersigned does hereby swear and affirm that it is not delinquent in the payment of any tax administered by the
Illinois Department of Revenue unless it is contesting,in accordance with the procedures established by the appropriate
revenue Act,its liability for the tax or the amount of the tax.The undersigned further understands that making a false
statement herein:(1)is a Class A Misdemeanor,and(2)voids the contract and allows the Village to recover all amounts
paid to it under the contract.
CONFUCT OF INTEREST
The Village of Lemont Municipal Code requires the following verification relative to conflict of interest and compliance with general ethics
requirements of the Village:
The undersigned supplier hereby represents and warrants to the Village of Lemont as a term and condition of acceptance
of this(bid or purchase order)that none of the following Village Officials is either an officer or director of supplier or owns
five percent(5%)or more of the Supplier: the Village President,the members of the Village Board of Trustees,the Village
Clerk,the Village Treasurer,the members of the Zoning Board of Appeals and the Plan Commission,the Village
Administrator and his Assistant or Assistants,or the heads of the various departments within the Village.
If the foregoing representation and warranty is inaccurate,state the name of the Village official who either is an officer or director
of your business entity or owns five percent(5%)or more thereof:
(Official) M O$)i 4.4 i bit 4 a
C, trs1Rt, n nr&-+ ' M',v SEeui'c s cie?
Print Name of Contractor/Bidder/Supplier
Signature
r E l Et-1, h II-' err z
Title �^
I 1H
Subscribed and • to before me this 3 day of OCTe (< ,2015.
t► .
Notary Public Notary Expiration Date Nov, 19 I 2011-
NK�►14h40,+0M 1r
`OFFICIAL SEAL' 7
StIAZIA RRROOCH
Notary Public.IMO of Wats
My Commission Expires Nove mber 19,2017
SCHEDULE OF PRICES
TO: THE VILLAGE OF LEMONT, ILLINOIS
FULL NAME OF BIDDER: Cktf Si 6L I1(Y&I � 114iN SE a/;w(' Gop
MAIN BUSINESS ADDRESS: 1699 W i4L( SI SUi TE 6014
M x 't,QSPEGt ( It cw54
PLACE OF BUSINESS: J II t f1I01 S
The undersigned, declares that it has carefully examined the location of the proposed work,the Contract
Documents,and all other documents referred to or mentioned in the Contract Documents and it proposes
and agrees, if this Bid is accepted, that it will contract with the Village, in the form of the Contract
attached,to complete the Work titled "CUSTODIAL SERVICES 2016", and that it will take in full p a Y ment
therefore the sums set forth in the following Schedule of Prices.
If this bid is accepted, and the undersigned fails to contract as aforesaid and to give the Bond for Faithful
Performance required by the Special Conditions of the Contract and by law,and to provide all insurance
as required by the Contract Documents within fifteen (15) days after the date of the award of the
Contract,the Village,at its option,may determine that the bidder has abandoned this Bid,and thereupon
this Bid and the acceptance thereof shall be null and void, and such security accompanying this Bid shall
be forfeited and shall be the property of the Village of Buffalo Grove not as penalty, but as liquidated
damages.
If awarded a contract under this Bid, the undersigned proposes to commence work at the site within
fifteen(15)calendar days after the effective date of the award of the Contract. The undersigned further
agrees to fully complete all work covered by this Bid to the point of final acceptance by the Village within
thirty(30)working days from the start-up date.
SECURITY
Accompanying this Bid is a C S I I E R S C4 E C C
in the amount of TWO TKQt3 , jb F( )e Rio/Dem DciW► es 10-Dollars
($ 2 6004 OU ).
Note: (a) insert the words"Bank Draft","Cashier's Check","Certified Check"or"Bid Bond",as the
case may be.
(b) Amount must be equal to at least five percent(5%)of the Total Base Bid.
8
SCHEDULE OF PRICES
INCLUDE ALL MATERIALS AND SUPPLIES
Item
Village of Lemont
No. Monthly Unit Price Extended Price
Custodial Service Locations
1' Village Hall 418 Main Street $ G5Q .00
2 Police Station 14600127'Street $ .00
3.
S a f e t y Village 55 Stephen Street j $ 515-.t i t') $ ! '16'q Od
4.
Metra Station 101 Main Street $ 5 E? . $ ttfO,rx3
5' Parking Garage Elevator 340 River Street $ 290 .OD $ S i11'Q EX)
2016 Total
2nd year contract option-the unit prices 2017 Total $3J 3'fQ co
above shall be adjusted by d .O percent
3rd year contract option-the unit prices 2018 Total $SS( 0, )52
above shall be adjusted by O. D percent
4th year contract option-the unit prices 2019 Total $5 03,40
above shall be adjusted by 1 .0o percent
5th year contract option-the unit prices 2020 Total $5A1oS0 OP
above shall be adjusted by I Po percent
9
SDBCON7RACTORDSTINQ
Bidder,to employ the following listed subcontractors for the following enumerated classes of work and is
not to alter or add to such list without the writte consent of the Village.
SUBCONTRACTOR CLASS OF WORK
J |
1. {m` ( ^'
2.
3.
4.
Date
Legal Entity
(Sign here) By
(Print Name)
Phone
E-mail
10
VILLAGE OF LEMONT
CUSTODIAL SERVICES PROGRAM
BID SPECIFICATIONS
A.GENERAL INSTRUCTIONS
Objective:
To provide for a safe and clean working environment for employees of the Village and residents
conducting business at Village facilities.
Scope of Work:
Contractor will supply all labor, material, equipment and supplies including paper products, trash liners,
and hand soap to perform the daily, weekly, monthly, and Biannual cleaning of each facility as listed in
Appendix B.Work will be performed according to the schedule of assigned tasks developed by the Village
for each facility. All supplies to be stored in Village facilities must be accompanied with Material Safety
Data Sheets. Must include all material and supplies in the bidding price.
Schedule:
See Appendix C, Listing of Custodial Services for cleaning schedules. Holidays and dates observed by the
Village will be provided for Village Hall and Police Station. Must include all material and supplies in the
bidding price.
Supervision:
Contractor will provide on-site supervision at all times and quality control inspections weekly. The
Contractor will supply the Village with the name, office telephone number, cell phone number and email
address and/or fax number of a contact person.
Communication:
The Village will have authorized personnel monitor the contractual cleaning services. It is mandatory that
our personnel be able to communicate verbally, in writing and via e-mail with a working supervisor of the
crew(s), and reasonable complaints and concerns be addressed within twenty four (24) hours when
brought to the supervisor's attention.
Contract Term:
The contract will be for one(1)year.The Village may choose to extend the contract by one year,two years,
three years or four years based on the performance of the Custodial Service.The Village may cancel
services with the contractor at any time upon giving thirty(30)days written notice of its intention.
11
GENERAL CONDITIONS OF THE CONTRACT
1. Contract Security
The Contractor shall furnish a surety bond in an amount at least equal to 100 percent of the
aggregate amount of the Contract as security for the faithful performance of the Contract and for the
payment of all persons performing labor and furnishing materials in connection with this Contract.
2. Contractor's Insurance
Contractor shall procure and maintain,for the duration of the contract,insurance against claims
for injuries to persons or damages to property, which may arise from or in connection with the
performance of the work hereunder by the Contractor, his agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance:Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village
named as additional insured, on a form at least as broad as the ISO Additional Insured
Endorsement CG 2010 and CG 2026
2. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01"Any
Auto."
3. Workers' Compensation as required by the Labor Code of the State of Illinois and Employers'
Liability insurance.
4. Builder Risk Property Coverage with Village as loss payee
5. Environmental Impairment/Pollution Liability Coverage for pollution incidents as a result of a
claim for bodily injury, property damage or remediation costs from an incident at, on or
migrating beyond the contracted work site. Coverage shall be extended to Non-Owned Disposal
sites resulting from a pollution incident at, on or mitigating beyond the site; and also provide
coverage for incidents occurring during transportation of pollutants.
B. Minimum Limits of Insurance:Contractor shall maintain limits no less than:
1. Commercial General Liability:$1,000,000 combined single limit per occurrence for bodily injury,
personal injury and property damage. The general aggregate shall be twice the required
occurrence limit. Minimum General Aggregate shall be no less than $2,000,000 or a
project/contract specific aggregate of$1,000,000.
2. Business Automobile Liability:$1,000,000 combined single limit per accident for bodily injury and
property damage.
3. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with
statutory limits and Employers'Liability limits of$500,000 per accident.
4. Environmental Impairment/Pollution Liability: $1,000,000 combined single limit per occurrence
for bodily injury,property damage and remediation costs.
12
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the Village.At
the option of the Village, either: the insurer shall reduce or eliminate such deductibles or self-insured
retentions as it respects the Village, its officials,agents,employees and volunteers;or the Contractor shall
procure a bond guaranteeing payment of losses and related investigation, claim administration and
defense expenses.
D.Other Insurance Provisions
The policies are to contain,or be endorsed to contain,the following provisions:
1. General Liability and Automobile Liability Coverages: The Village,its officials,agents,employees
and volunteers are to be covered as insureds as respects:liability arising out of activities
performed by or on behalf of the Contractor;products and completed operations of the
Contractor;premises owned,leased or used by the Contractor;or automobiles tomobiles
, owned,leased,
hired or borrowed by the Contractor.The coverage shall contain no special limitations on the
scope of protection afforded to the Village,its officials,agents,employees and volunteers.
2. The Contractor's insurance coverage shall be primary as respects the Village,its officials,agents,
employees and volunteers.Any insurance or self-insurance maintained by the Village,its officials,
agents,employees and volunteers shall be excess of Contractor's insurance and shall not
contribute with it.
2. Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to the Village,its officials,agents,employees and volunteers.
3. The Contractor's insurance shall contain a Severability of Interests/Cross Liability clause or
language stating that Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought,except with respect to the limits of the insurer's liability.
4. if any commercial general liability insurance is being provided under an excess or umbrella
liability policy that does not"follow form,"then the Contractor shall be required to name the
Village,its officials,employees,agents and volunteers as additional insureds
5. All general liability coverages shall be provided on an occurrence policy form.Claims-made
general liability policies will not be accepted.
6. The contractor and all subcontractors hereby agree to waive any limitation as to the amount of
contribution recoverable against them by the Village. This specifically includes any limitation
imposed by any state statute,regulation,or case law including any Workers'Compensation Act
provision that applies a limitation to the amount recoverable in contribution such as Kotecki v.
Cyclops Welding
13
E. All Coverages:
Each insurance policy required by this paragraph shall be endorsed to state that coverage shall
not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior
written notice by certified mail,return receipt requested,has been given to the Village.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than A-,VII and licensed to
do business in the State of Illinois.
G. Verification of Coverage
Contractor shall furnish the Village with certificates of insurance naming the Village and its
officials, agents, employees, and volunteers as additional insured's and with original endorsements,
affecting coverage required herein.The certificates and endorsements for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements are to be received and approved by the Village before any work commences. The Village
reserves the right to request full certified copies of the insurance policies and endorsements.
H. Subcontractors
Contractor shall include all subcontractors as insured's under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverage's for subcontractors shall be subject
to all of the requirements stated herein.
I. Assumption of Liability
The contractor assumes liability for all injury to or death of any person or persons including
employees of the contractor,any subcontractor,any supplier or any other person and assumes liability for
all damage to property sustained by any person or persons occasioned by or in any way arising out of any
work performed pursuant to the Contract.
J. Indemnity/Hold Harmless Provision
1. To the fullest extent permitted by law, the Contractor hereby agrees to defend,
indemnify and hold harmless the Village, its officials, agents and employees against all
injuries, deaths, loss, damages, claims, patent claims, suits, liabilities,judgments, cost
and expenses,which may in anywise accrue against the Village, its officials, agents and
employees arising in whole or in part or in consequence of the performance of this work
by the Contractor, its employees, or subcontractors, or which may in anywise result
therefore, except that arising out of the sole legal cause of the Village, its agents or
employees,the Contractor shall,at its own expense, appear,defend and pay all charges
14
of attorneys and all costs and other expenses arising therefore or incurred in
connections therewith, and, if any judgment shall be rendered against the Village, its
officials, agents and employees in any such action, the Contractor shall, at its own
expense, satisfy and discharge the same. Contractor expressly understands and agrees
that any performance bond or insurance policies required by this contract,or otherwise
provided by the Contractor, shall in no way limit the responsibility to indemnify, keep
and save harmless and defend the Village, its officials, agents and employees as herein
provided.
2. Kotecki Waiver.In addition to the requirements set forth above,the Contractor(and any
subcontractor into whose subcontract this clause is incorporated)agrees to assume the
entire liability for all personal injury claims suffered by its own employees and waives
any limitation of liability defense based upon the Worker's Compensation Act and cases
decided there under. Contractor agrees to indemnify and defend the Village from and
against all such loss, expense, damage or injury, including reasonable attorneys' fees,
which the Village may sustain as a result of personal injury claims by Contractor's
employees, except to the extent those claims arise as a result of the Village's own
negligence.
K. Retention of Payments:
The Contractor further agrees that to the extent that money is due the Contractor by virtue of
this contract as shall be considered necessary in the judgment of the Village, may be retained by the
Village to protect itself against said loss until such claims, suits, or judgments shall have been settled or
discharged and/or evidence to that effect shall have been furnished to the satisfaction of the Village.
L. Patent Fees and Royalties:
Contractor shall indemnify and hold harmless the Village and anyone directly or indirectly
employed by either of them from and against all claims, damages, losses, and expenses (including
attorneys' fees and court and arbitration costs) arising out of any infringement of patent rights or
copyrights incident to the use in the performance of the work or resulting from the incorporation in the
work of any invention, design, process, product, or device not specified in the Contract Documents, and
shall defend all such claims in connection with any alleged infringement of such rights.
15
3. Certificate of Authority and Surety Certificate
The Contractor shall furnish the Village with a current Certificate of Authority or Surety
Certificate issued by the Illinois Department of Insurance (IDOI) for the bonding company that they are
using.(See an Example in Appendix A.)
The Contractor shall also furnish the Village with a current Certificate of Authority issued by the
Illinois Department of Insurance(IDOI)for the insurance company that they are using.(See an Example in
Appendix A.)
4. Plans and Specifications
The Plans and Specifications and any work shown thereon shall be executed the same as if
specifically mentioned herein and should any discrepancy between plans and specifications appear, the
ruling of the Public Works Director on the interpretation thereof shall be final and binding.
It is the intention of these Plans and Specifications to provide for this improvement in a
complete, thorough and workman-like manner. The Contractor to whom the work is awarded shall
furnish all materials, labor, tools, appliances, appurtenances, and all things necessary to complete the
work in accordance with these Plans and Specifications,and anything omitted that may be interpreted as
reasonably necessary to such completion is to be merged in the prices bid for the improvement.
5. Changes
If the Public Works Director deems it proper or necessary in the execution of the work to make
any alteration which will increase or diminish the quantity of labor or material or the expense of the work,
even to the elimination of one or more items, such alteration shall not annul or vitiate the Contract
hereby entered into. The elimination of any part of the work shall not increase the unit price for any of
the remaining work bid on. The value of the work so added shall be based on the rates and prices named
in the Contract,and bid,when such rates and prices cover the class of work added,otherwise the value
shall be determined by mutual Contract between the Village and Contractor, before such work shall be
commenced.
6. Extra Work
No claim whatsoever will be allowed the Contractor for changes, extra work or material not
completed or necessary for the completion of the work described,or for a greater amount of money than
is hereby stipulated to be paid, unless the change in or addition to the work requiring additional outlay by
the Contractor is first ordered in writing by the Public Works Director,and the price therefore agreed to in
writing.
Minor changes or small modifications in the specifications which may be made to suit some
special condition or situation shall not be construed as a precedent for like changes at other times, nor
shall such modifications be construed by the Contractor as removing the work from the classification
given in the bid,and placing it under the category of"Extra Work".
16
7. Notice of Starting Work
The Contractor shall notify the Public Works Director forty-eight(48)hours before beginning any
work on this Contract,or of its intention so to do;in case of a temporary suspension of the work he shall
give a similar notice before resuming same.
8. Sequence
The Public Works Director shall have the power to direct the order and sequence of the work.
On any major portion of the work, all accessories shall be set coincident with the main construction.
Payment for major portion of the work may be withheld until proper completion of accessories.
9. Supervision
The Public Works Director shall have override power to superintend and direct the work,and the
Contractor shall perform all of the work herein specified, to his entire satisfaction, approval and
acceptance.
10. Contractor's Representative
The Contractor shall have at all times a competent foreman or superintendent at the work site,
who shall have full authority to act for the Contractor and to receive and execute orders from the Public
Works Director, and any instructions given to such superintendent or person, executing work for the
Contractor,shall be binding on the Contractor as though it was personally given to the Contractor.
11. Workers
The Contractor shall employ competent staff and shall discharge, at the request of the Public
Works Director, any incompetent, unfaithful, abusive or disorderly workers in its employ. None but staff
expert in their respective branches of work shall be employed where special skill is required.
12. Payment
Payment will be made pursuant to the Illinois Local Government Prompt Payment Act (50 ILCS
505/1 et seq.)
13. Termination of Contract
If, at any time, the Public Works Director shall be of the opinion that the work under this
Contract is unnecessarily delayed and will not be finished in the prescribed time, or that the work is not
being performed in a satisfactory manner, he will so notify the Contractor in writing. If the Contractor has
not within ten (10) days thereafter taken such measures, as will in the judgment of the Public Works
Director, insure the satisfactory completion of the work under this Contract on or before the dated
specified in the Bid,the Village may notify the Contractor to discontinue all work under the Contract and
proceed to terminate the Contract.
17
VILLAGE OF LEMONT
CONTRACT
2016 CUSTODIAL SERVICES
THIS CONTRACT, made this 23 day ofI'CA4r 2015, by and between the VILLAGE OF LEMONT(hereinafter
called the "Village") a Municipal Corporation acting through its President, and Board of Trustees, and The Company that
wins the Bid,hereinafter called the"Contractor."
WITNESSETH
WHEREAS, the Village has heretofore solicited bids for all the work and improvements and for the doing of all
things included within the hereinafter specified improvement, and the Village of Lemont did award the Contractor a
contract for said improvements:
NOW THEREFORE, for and in consideration of their mutual promises, covenant undertaking and Contract, the
parties hereto do hereby agree as follows:
ARTICLE I-WORK TO BE DONE BY THE CONTRACTOR
Contractor agrees, at its own cost and expense, to do all work and to furnish all the labor, materials, equipment
and other property to do, construct, install, and complete all the works and improvements included, all in full accordance
with and in compliance with and as required by the hereinafter specified Plans and Specifications and Contract Documents
for said works and improvements,and to do,at its own cost and expense,all other things required of the Contractor by said
Contract Documents.
18
ARTICLE II-CONTRACT DOCUMENTS
The Contract Documents herein mentioned include all of the Contract Documents,including but not limited to the
following:
1. Village of Lemont Custodial Services Program Bid Specifications
2. The General Conditions of the Contract
3. The Contract
4. The Plans and Specifications
5. Public Contract Statements
6. Schedule of Prices
7. All Bonds,Insurance Certificates and Insurance Policies mentioned or referred to in the foregoing documents
8. Any and all other documents or papers included or referred to in the foregoing documents all of which
documents are on file in the Office of the Village Clerk,418 Main Street,Lemont,Illinois,all said documents being
hereby incorporated herein and made a part herein by reference the same as if set forth herein.
ARTICLE III-CONTRACT AMOUNT
The Contractor agrees to receive and accept the unit price as set forth in the Schedule of Prices as full
compensation for furnishing all materials and equipment and for doing all the work contemplated and embraced in the
Contract;also for all loss or damage arising out of the nature of the work aforesaid,or from the action of the elements,or
from any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its
acceptance by the Village, and for all risks of every description connected with the work; also for well and faithfully
completing the work,and the whole thereof,in the manner and according to and in compliance with the Plans and Contract
Documents and the requirements of the Village Public Works Director.
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ARTICLE IV—CONFLICT BETWEEN COMPONENT PARTS OF CONTRACT
In the event that any provision in any of the following component parts of this Contract conflicts with any
provision in any other of the following component parts, the provision in the component part which follows it
numerically except as may be otherwise specifically stated applies. Said component parts are the following:
1. General Conditions of Contract
2. Bid Documents and Specifications
3. Schedule of Prices
4. The Contract
This Contract is intended to conform in all respects to applicable statutes of the State in which the work is
to be constructed,and if any part or provision of this Contract conflicts therewith,the said statute shall govern.
ARTICLE V—CONTRACT TIME
Contractor shall and agrees to furnish and deliver to the Village fifteen (15) calendar days after date of
award of this contract the Faithful Performance and Payment Bond and the Insurance Certificates and Policies of
Insurance required of him by the provisions of Paragraph 2 of the General Conditions of the Contract,and to do,
prior to starting work,all other things which are required of them by the Contract Documents as a prerequisite of
starting work.
ARTICLE VIII
The Village agrees with said Contractor to employ, and does hereby employ, the said Contractor to
provide the materials and do all the work,and do all other things hereinabove mentioned,according to the terms
and conditions hereinabove contained or referred to, for the prices aforementioned,and hereby contracts to pay
the same at the time, in the manner and upon the conditions set forth or referred to in the Plans and
Specifications and Contract Documents;and the said parties for themselves,their heirs, executors,administrators,
successors and assigns,do hereby agree to the full performance of the covenants herein contained.
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ARTICLE XI—MISCELLANEOUS PROVISIONS
A. Contractor shall comply with all applicable laws,regulations and rules promulgated by any federal,
state,local,or other governmental authority or regulatory body pertaining to all aspects of the Work,now in effect,
or which may become in effect during the performance of the Work. The scope of the laws,regulations,and rules
referred to in this paragraph includes,but is in no way limited to,the Illinois Human Rights Act,Illinois Equal Pay Act
of 2003,Occupational Safety&Health Act along with the standards and regulations promulgated pursuant thereto
(including but not limited to those safety requirements involving work on elevated platforms),all forms of traffic
regulations,public utility,Interstate and Intrastate Commerce Commission regulations,Workers'Compensation
Laws,Public Construction Bond Act,Prevailing Wage Laws,Public Works Preference Act,Employment of Illinois
Workers on Public Works Act,USA Security Act,federal Social Security Act(and any of its titles),and any other law,
rule or regulation of the Illinois Department of Labor,Department of Transportation,Illinois Environmental
Protection Act,Illinois Department of Natural Resources,Illinois Department of Human Rights,Human Rights
Commission,EEOC,and the Village of Lemont.
B. Contractor shall comply with the provisions of the Illinois Public Works Employment Discrimination
Act and the Illinois Human Rights Act/Equal Opportunity Clause which,pursuant to Illinois law,are deemed to be part
of this Contract. The relevant provisions will be fully incorporated into the Contract by reference and set forth in full.
C. Contractor agrees to furnish all documentation related to this Agreement and any
documentation related to the Village required under an Illinois Freedom of Information Act(ILCS 140/1 et.seq.)
("FOIA")request within five(5)days after Village issues notice of such request to Contractor. Contractor agrees to
defend,indemnify and hold harmless the Village,and agrees to pay all reasonable costs connected therewith
(including,but not limited to reasonable attorney's and witness fees,filing fees and any other expenses)for the
Village to defend any and all causes,actions,causes of action,disputes,prosecutions,or conflicts arising from
Contractor's,actual or alleged violation of the FOIA or Contractor's failure to furnish all documentation related to a
request within five(5)days after Village issues notice of a request.
Furthermore,should Contractor request that Village utilize a lawful exemption under FOIA in relation to any FOIA
request thereby denying that request,Contractor agrees to pay all costs connected therewith(such as reasonable
attorneys'and witness fees,filing fees and any other expenses)to defend the denial of the request. The defense
shall include,but not be limited to,challenged or appealed denials of FOIA requests to either the Illinois Attorney
General or a court of competent jurisdiction.Contractor agrees to defend,indemnify and hold harmless the
Village,and agrees to pay all costs connected therewith(such as reasonable attorneys'and witness fees,filing fees
and any other expenses)to defend any denial of a FOIA request by Contractor's request to utilize a lawful
exemption to the Village.
21
VILLAGE OF LEMONT CONTRACT
2016 CUSTODIAL SERVICES
CPU1S►fit, NOIiv EN (C se :ccc to
CONTRACTOR
/BY
TITLE
ATTEST:
BY
FFt‘CE hg 19-G4:7r2
TITLE
THE VILLAGE OF LEMONT
VII •GE
/ 22
APPENDIX A.
EXAMPLE OF CERTIFICATE OF AUTHORITY
23
APPENDIX B.
EXAMPLE OF CERTIFICATE OF INSURANCE
24