HomeMy WebLinkAbout5.5 Motion to accept bid for George Street Bridge Repairs10/16/2019 BoardDocs® Pro
Agenda Item Details
Meeting Oct 15, 2019 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - 7:00 p.m.
Category 5. CONSENT AGENDA
Subject 5.5 Motion to accept bid for George Street Bridge Repairs in an amount not to exceed
$53,410.
Access Public
Type Action (Consent)
Preferred Date Oct 15, 2019
Absolute Date Oct 15, 2019
Fiscal Impact Yes
Dollar Amount 53,410.00
Budgeted Yes
Budget Source Capital Improvement Fund
Recommended Action Staff recommends the Village Board accept the lowest cost, responsive bid submitted
by Path Construction Company of Arlington Heights, Illinois for the George Street Bridge
Repairs in an amount not to exceed $53,410.
Public Content
Information
Regularly, inspections of the Village's bridges are conducted to maintain the condition and integrity of these vital
pieces of Village infrastructure. During routine bridge inspections in 2017 it was observed that minor repairs were
needed to the George Street Bridge. Those repairs include concrete beam repair, substructure repair and deck sealing.
Bid Results
A Notice to Bidders was posted on the Demandstar by Onvia website.
The bid opening for the George Street Bridge Repairs was held on October 7, 2019, at 1:00 PM. Five (5) contractors
submitted bids for this project. The bids ranged from a low of $48,555.00 by Path Construction to a high of
$114,453.00 by Kovilic Construction Co., Inc. Below is a summary of the bids:
Table 1: Bid Results
Bidder
Bid
....................................................................................................................................................................................................................................................................................................................................................................................................
Path Construction Company
....................................................................................................................................................................................................................................................................................................................................................................................................
$48,555.00
MYS, Inc.
....................................................................................................................................................................................................................................................................................................................................................................................................
$55,051.00
Landmark Construction, Inc.
.......I.n.c..............................................................................................................................................................................................................................6.5.,
$60,867.75
Alliance
llia.n.0 e...Contractors, ...........................................................................................................................................................................................................................1.1.4...4.5.3...0.0
8.6.8...8.5
onstructionIn c
Ko V.l.l.i c....Construction, In
Engineer's Estimate $48,203.00
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10/16/2019
BoardDocs® Pro
All bidders submitted a bid bond in the amount of 10% of the total bid as required in the bid proposal packet. All bids
were checked for their accuracy and no errors were found. All bidders correctly signed their bids and bid bonds.
The low bidder, Path Construction Company, is qualified to complete the work involved with this project and meets the
requirements of the contract documents. They previously completed the Lincoln Street Bridge Rehabilitation Project
and the See Gwun Avenue Bridge Repair Project last year. All of their bridge repair work has been satisfactory.
It is anticipated that construction will begin in early November and take approximately 2 weeks to complete.
Staff recommends including a 10% contingency in the project award to allow for quantity variances and unanticipated
conditions. In this instance, a 10% contingency added to the lowest cost bid would result in a total contract award of
$53,410.00 (Base Bid: $48,555.00 + Contingency: $4,855.00 = Total Recommended Award: $53,410.00).
Alternatives
1. Accept the lowest cost, responsive bid for George Street Bridge Repairs.
2. Action at discretion of Village Board.
Staff Recommendation
Staff recommends the Village Board accept the lowest cost, responsive bid submitted by Path Construction Company
of Arlington Heights, Illinois for the George Street Bridge Repairs in an amount not to exceed $53,410.
George Street Bridge.pdf (3,909 KB)
Administrative Content
Executive Content
All items under Consent Agenda are considered routine by the Village Board and will be enacted by one motion. There
will be no separate discussion of those items unless a Board member or member from the audience so requests, in
which the item will be removed from the Consent Agenda and considered in its sequence on the agenda.
Motion & Voting
(not specified)
Motion by Michael Zadel, second by William Grossi.
Final Resolution: Motion Carries
Yea: William Grossi, Eleni Hatzis, Paul Hoefert, Richard Rogers, Colleen Saccotelli, Michael Zadel
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Bid Form Page 1
BID FORM
Bridge Repair George Street
Over Weller Creek
Village of Mount Prospect
Department of Public Works
FROM: rM CON4TPUM ON Go
(hereinafter called 'Bidder")
TO: Office of the Village Manager, 3'd Floor
50 South Emerson Street
Mount Prospect, Illinois 60056
(hereinafter called "Village" or "Village of Mount Prospect")
Bid For: "Bridge Repair George Street Over Weller Creek"
The bidders have familiarized themselves with the work and probable work conditions
required under this Bid affecting the cost of the work 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 — Bridge Repair George Street over Weller Creek
Contract Document
Labor and Materials Payment bond form
Performance Bond Form
Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel,
labor, materials, tools appurtenances, equipment, and services (including all utility and
transportation services) required to construct and complete the Work, all in accordance
with the above listed documents.
Bidder agrees to perform all of the Work and provide the equipment and materials
described in the Bid Documents, as follows:
46
Bid Form Page 2
Bidder has bid on all items and has provided a price for all items.
The Bidder will complete and provide all labor, equipment, materials and mobilization (if
applicable) to perform the Work as incidental to the fixed item price for each item
proposed.
In submitting this bid, the Bidder understands that the Village of Mount Prospect
reserves the right to add to or subtract from the estimated quantities.
The Village of Mount Prospect intends to award one (1) contract (if at all) for the items
bid. If written notice of award of this bid is mailed, emailed or otherwise delivered to the
Bidder at any time before this bid is withdrawn, the Bidder agrees to execute and deliver
the contract in the prescribed form and furnish payment and performance bonds, or
letter of credit, and the insurance certificates required by the Bid Documents to the
Village within ten (10) 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 Work 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 state and federal 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 . .._ �__w._. .wwwe
Acknowledgement by Bidder or Date
No. Date Authorized Representative Acknowledaed
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.
47
Bid Form Page 3
Upon award 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) days. The Village will
then issue a written Notice to Proceed, which starts the performance period and the
contractor then has ten (10) days to commence work. The contractor shall reach
substantial completion ty November 22 2019 after the Notice to Proceed with final
completion fifteen 15 days thereafter. 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):
_ j 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
3) BID SHEET(S)
Respectfully submitted:
Name of Firm/Bidder:
0
(Sight ure)
Title. P 0G"4 T_
Date: to
Contact Information: FAUL �DWFr
Official Address: 116 � o putt N
1 NU T•t> N w_kTS!�0005
Telephone: -t
c•
ONE (1) SIGNED COPY OF THIS BID FORM AND BID SHEET (Page 68-69) ALONG WITH THE
AFFIDAVIT — BID CERTIFCATION FORM, AND BID SECURITY SHALL BE SUBMITTED IN A
SEALED MARKED ENVELOPE.
48
VILLAGE OF MOUNT PROSPECT
AFFIDAVIT — BID CERTIFICATION FORM
Bidder:
Company/Firm Name: N L
Address:7-5 re. L46N tUtN P.P. Aiz-LIN!a RrA(C KTP (Lr A(0005
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, {G being first duly sworn on oath,
deposes and states that he or she is
(sole owner, partner, joint ventured, President, Secretary, etc.)
tINC, and has the authority to make all
(Name of Company)
certifications required by this affidavit.
Section I Non -Collusion
of
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 y'fRL mc" 1'1'N , (3c.
(Name of Company)
is not barred from bidding or contracting as a result of a conviction for violations of state
laws prohibiting bid rigging or bid rotating or any similar offense of any state of the
United States, as provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code,
720 ILCS 5/33E-3, 33E-4.
Section III Drug Free Workplace
The undersigned further states that (AWTNUCIoN COMVF(N uG
(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 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.
49
Page 2 - AFFIDAVIT — BID CERTIFICATION FORM
Section IV Tax Pant
The undersigned further states that GCID0 (,p ", G, is
(Name of Company)
not delinquent in payment of any taxes to the Illinois Department of Revenue, in
accordance with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned
understands that making a false statement regarding delinquency in taxes is a Class A
Misdemeanor and, in addition voids the contract and allows the municipality to recover
all amounts paid to the individual or entity under the contract in civil action.
Section V
Sexual Harassment Policy
Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A), every party to a
public contract must:
"Have written sexual harassment policies that shall include, at a mini -mum, the following information: (1)
the illegality of sexual harassment; (II) the definition of sexual harassment under State law; (III) a
description of sexual harassment, utilizing examples; (IV) the vendor's internal complaint process
including penalties; (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 N&. has
(Name of Company)
a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105 (A)
(4).
It is expressly understood the foregoing statements and representations and promises
are made as a condition to the right of the bidder to receive payment under any award
made under the terms and provisions of this bid.
The undersigned certifies that all information contained in this Affidavit is true and
correct.
b
Signed '�� ;� ' ..
9 y Title: Nga get r
Sig tre
Name Print
Signed and sworn to before me this
My commission expires:
Ak. , 0 a"
Notary lTl lic
' ' day of V*bfir , 201q.
ARIETTA IUHAS
OFFICIAL SEAL
Notary Public, State of Illinois
50 My Commission Expires
May 23, 2022
BID SECURITY
Included with this bid is a bank cashier's check, certified check or bid bond in the amount of
being ten percent (10%) of the total amount bid by
the Bidder, in favor of the Village of Mount Prospect. It is hereby
agreed that, should Bidder be awarded the Work contemplated under this bid and fail or refuse
to execute a contract for said Work, or to provide the required payment and performance bonds,
or letter of credit, and certificate of insurance, then this security, in the amount stipulated above,
shall be forfeited and may be retained by the Village of Mount Prospect as liquidated damages
and not as a penalty. All bids to remain firm for a period of ninety (90) days after bid opening
date.
SUBMITTED THIS
SEAL (if corporation)
DAY OF 0 M13Ct- ,2019.
Gt.+A Sr`P'
+rt Fn op-�
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 l L
51.
BID SHEET
"Bridge Repair George Street Over Weller Creek"
(TO BE FILLED OUT BY THE CONTRACTOR/BIDDER)
The Bidder
will complete pricing for all items to provide
all labor, equipment,
materials
and
mobilization
(if applicable) to perform this work. The fixed
item price given
is to be all
Inclusive.
OM
DESCRIPTION
_.._. ....._....—...... . w ...................
UNIT
.. ................
QUANTITY
__.... ............
PRICE NIT
.w— _
TOTAL
1
EPDXY CRACK INJECTION
FOOT
5
..
............ �..w _ ...
j 3 2C2
2
POLYMER
CEMENT MORD.ARED PORTLANDwwww..�.._.......w�....w_w_.�....
SQ FT
w_.....www.._�x�.w.—_�ww._.,._..
70
3p0
....ww._.
�I 000
�.......wwwww
. __..._—......_._ww� .w.. ........ _ ....... w—.
u.__...___............ —
................. ww_
3
FIBER WRAP
SQ FT
25
)j4;
4
BRIDGE DECK CONCRETE SEALER
SQ FT
1,901
CJ
qS D S
..................,.......
5
.......»,..... .... .....w .....................�.........
TRAFFIC CONTROL AND PROTECTION
L SUM
......,...»...............w..,,.,._..
1
....�,.. f ............
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(SPECIAL)
6
MOBILIZATION
L SUM
1
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s, d00
TOTAL FOR ALL
144( SSS
ITEMS
SUMMARY OF PRICES:
CONTRACT PRICE (the sum of extensions of the Schedule of Prices — TOTAL BID):
Dollars and Cents
(In writing)Fjktj FIVG (in writing)
lsS 5 Dollars and an Cents
(In figure) (In figure)
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Mount Prospect
Bid Request
For
BRIDGE REPAIR
GEORGE STREET OVER WELLER CREEK
BID OPENING: October 7, 2019-1:00 P.M. Local Time
Mount Prospect Public Works Department
1700 W. Central Road, Mount Prospect, Illinois 60056-2229
1
NOTICE TO BIDDERS
Bid for
BRIDGE REPAIR
GEORGE STREET OVER WELLER CREEK
Sealed bids will be received until 1:00 p.m. on October 7, 2019 in the office of the
Village Manager, 3rd Floor, 50 S. Emerson Street, Mount Prospect, Illinois 60056. In a
separate, sealed envelope please submit bid clearly marked "SEALED BID FOR
BRIDGE REPAIR GEORGE STREET OVER WELLER CREEK".
The project includes, but is not limited to the following bid items: concrete beam repair,
and deck sealing.
Plans and specifications can be obtained from the Village of Mount Prospect by visiting
the Village website at www.mountprospect.orq/bids.
All work under this Bid and the resulting contract shall comply with the Illinois
Prevailing Wage Act, 820 ILCS 130/0.01 et seq. and the other applicable laws and
ordinances.
Offers may not be withdrawn for a period of ninety (90) days after the bid date without
the consent of the Board of Trustees.
Any Bid submitted unsealed, unsigned, sent via email or fax or received subsequent to
the aforementioned date and time, will be disqualified and returned to the bidder.
The Village reserves the right in its sole discretion, to reject any and all bids or parts
thereof, to waive any irregularities technicalities and informalities in bid procedures and
to award the contract in a manner best serving the interests of the Village.
Village Manager
Mike Cassady
2
Bridge Repair
George Street Over Weller Creek
Table of Contents
Notice to Bidders
Table of Contents
Instructions to Bidders
General Conditions
Specifications
Bid Form
Affidavit— Bid Certification Form
Bid Security
Bid Sheet
Contract
Labor and Material Payment Bond
Performance Bond
Check Sheet for Local Roads Recurring Special Provisions
3
Page
2
3
4
10
32
46
49
51
52
53
58
61
INSTRUCTIONS TO BIDDERS
1) Bid. Bid forms are furnished by the Village. All bids must be submitted on the forms
provided, complete and intact, properly signed in ink in the proper spaces, and
submitted in a sealed envelope. All bids shall be delivered to the office of the Village
Manager, Village Hall, 3rd Floor, 50 S. Emerson Street, Mount Prospect, Illinois
60056, not later than 1:00 p.m. on October 7, 2019. Envelopes shall be plainly
marked, "Sealed Bid For Bridge Repair George Street Over Weller Creek" and
with the following information: company's name, address, date and time of opening.
Bids must be signed by an authorized official of the organization submitting the bid
with the name of the official and his/her title typed below the signature.
2) Bid Deposit; Surety. A bid deposit in the amount of ten percent (10%) of the total bid
amount, payable to the Village, is required, unless otherwise stated in the bid
package. The deposit must be in the form of a bid bond, certified check, or a bank
cashier's check. All bid performance deposit checks will be retained by the Village
until the bid award is made, at which time the checks will be promptly returned to the
unsuccessful bidders. The bid performance deposit check of the successful bidder
will be retained until surety bonding requirements have been satisfied and proof of
insurance coverage is provided.
3) Alternate Multiple Bids/Specifications. The Specifications describe the services that
the Village feels is necessary to meet the performance requirements of the Village.
It is not the desire or the intent to eliminate or exclude any bidder from bidding
because of minor deviations, alternates or changes.
Bidders desiring to bid on services which deviate from these Specifications, but
which they believe are equivalent, are requested to submit alternate bids. However,
alternate bids must be clearly indicated as such, and deviations from the applicable
Specifications should be plainly noted. The bid must be accompanied by complete
Specifications for the services offered. Bidders wishing to submit a secondary bid
must submit it as an alternate bid. There is to be only one bid per envelope.
The Village shall be the sole and final judge unequivocally as to whether any
substitute is of equivalent or better quality. This decision is final and will not be
subject to recourse by any person, firm or corporation.
If the bidder wishes to qualify its bid or make special stipulations thereto, such
qualifications or stipulations shall be stated on standard letterhead size sheets of
paper, all attached to the bid form.
4) Erasures. All erasures or revisions of the bid must be initialed by the person signing
the bid.
111
5) Receiving Of Bids. Bids received prior to the time of opening will be securely kept,
unopened. The Village Clerk or his/her designee, whose duty it is to open the bids,
will decide when the specified time has arrived, and no bid received thereafter will be
considered. No responsibility will be attached to the Village or its representatives for
the premature or non -opening of a bid not properly addressed and identified, except
as otherwise provided by law.
6) Late Bids. Bids arriving after the specified time, whether sent by mail, courier, or in
person, will not be accepted. These bids will either be refused or returned
unopened. It is the bidder's responsibility for timely delivery regardless of the
method used. Mailed bids which are delivered after the specified hour will not be
accepted regardless of post marked time on the envelope.
7) Bids By Email And Fax. Email and Facsimile machine transmitted bids will not be
accepted.
8) Error In Bids. When an error is made in extending total prices, the unit bid price will
govern. Otherwise, the bidder is not relieved from errors in bid preparation.
9) Withdrawal Of Bids. A written request for the withdrawal of a bid or any part thereof
may be granted if the request is received by the Director of the requesting
Department prior to the specified time of opening. After the opening, the bidder
cannot withdraw or cancel his bid for a period of ninety (90) calendar days, or such
longer time as stated in the bid documents.
10)Bidders Qualifications. All bidders must submit the following information on or before
the time at which the bid is required to be submitted:
a. The location of the bidder's permanent place of business.
b. Evidence of ability to provide an efficient and adequate plan for executing the
work.
C. A list of similar projects carried out by the bidder.
d. A list of projects the bidder presently has under contract.
e. Any additional evidence tending to show that the bidder is adequately
prepared to fulfill the contract.
11)References; Background Check. Bidders shall include with its bid, on a separate
sheet attached to the bid, the names of three (3) references regarding its financial
qualifications and three (3) references regarding its qualifications by experience,
ability, personnel and equipment to undertake work of the nature and extent
contemplated by the bid and Specifications. References must include company
name, address, contact person, and telephone number. The Village reserves the
right to reject bids not accompanied by the required references.
All Bidders, as a condition of and prior to entry into a contract, agree that a complete
background investigation of the principals of the Bidder and all employees who will
5
work on the project may be made. Bidders agree to cooperate with the appropriate
Village personnel to supply all information necessary to complete these
investigations. The Village in its complete discretion may disqualify any Bidder,
including a low Bidder, and may void any contract previously entered into based
upon its background investigation.
12)Consideration Of Bid And Contract. No bid will be accepted from or contract
awarded to any person, firm or corporation that is in arrears or is in default to the
Village upon any debt or contract, or that is a defaulter, as surety or otherwise, upon
any obligation to the Village or had failed to perform faithfully any previous contract
with the Village within two (2) years prior to the date of the invitation to bid.
13) Conditions. Bidders are responsible to become familiar with all conditions,
instructions and Specifications governing this bid. The bidder is responsible to visit
a site if necessary and its bid is based upon the knowledge of all information readily
available at the site of such a visit. Once the bids have been opened, the failure to
have read and understood all conditions, Specifications and instructions shall not be
cause to alter the original bid or to request additional compensation. No extra
compensation will be allowed the successful bidder for failure to inform or familiarize
itself prior to bidding.
14) Interpretation Of Bid Documents. Any bidder in doubt as to the true meaning of any
part of the Specifications or other bid documents may submit a written request for
interpretation to the Village, as provided in the Specifications. Bidders will
acknowledge receipt of any addendum issued by so noting on the bid sheet. Oral
explanations are not binding.
15) Prices. Unit prices shall be shown for each unit on which there is a bid, and shall
include all packing, crating, freight, and shipping charges, and cost of unloading at
the destination unless otherwise stated in the bid.
Unit prices shall not include any local, state or federal taxes. The Village is exempt,
by law, from paying state and village retailer's occupation tax, service occupation
tax, and federal excise tax. The Village will supply the successful bidder with its tax
exemption number.
Cash discounts will not be considered in determining overall price but may be used
in an overall evaluation.
16)Qualifications of Contractors. Factors: It is the intention of the Village to award the
Contract only to a bidder who furnishes satisfactory evidence that it has the requisite
experience, ability, capital facilities, plant organization and staffing to enable it to
perform the work successfully and promptly, and to complete the work within the
time set forth in the Bid Documents. The Village shall consider the following factors:
a. The lowest responsible bid.
C
b. The ability, capacity, and skill of the bidder to perform the contract to provide the
service required.
c. Whether the bidder can perform the contract or provide the service promptly, or
within the time specified, without delay or interference.
d. The character, integrity, reputation, judgment, experience, and efficiency of the
bidder.
e. The quality of performance of previous contracts of services.
f. The previous and existing compliance by the bidder with laws and ordinance
relating to the contract or service.
g. The sufficiency of the financial resources and ability of the bidder to perform the
contract or provide the service.
h. The quality, availability, and adaptability of the supplies or contractual service to
the particular use required.
i. The ability of the bidder to provide future maintenance and service for the use of
the subject of the contract.
j. The number and scope of conditions attached to the bid.
k. Whether the bidder has a place of business in the Village.
1. Responsiveness to the exact requirements of the invitation to bid.
m. Ability to work cooperatively with the Village and its administration.
n. Past records of the bidder's transactions with the Village or with other entities as
evidence of the bidder's responsibility, character, integrity, reputation, judgment,
experience, efficiency and cooperativeness.
o. Any other factor that the Village may legally consider in determining the bid that
is in the best interests of the Village.
17)Award or Resection. The Village, at its sole discretion, reserves the right to reject
any and all bids or parts thereof, to waive any irregularities, technicalities and
informalities, and to award a bid in the best interests of the Village. Any bid
submitted will be binding for ninety (90) calendar days after the date of the bid
opening.
Bidders shall make all investigations necessary to thoroughly inform themselves
regarding the equipment or supplies to be furnished in accordance with the bid. No
plea of ignorance by the bidder of conditions that exist or that may hereafter exist as
a result of failure or omission on the part of the bidder to make the necessary
examinations and investigations will be accepted as a basis for varying the
requirements of the Village or the compensation to the bidder.
Any bidder's exceptions to the terms or conditions, or deviations from the written
Specifications must be shown in writing and attached to the bid form. No verbal
exceptions or agreements with employees of the Village will be considered valid.
Such exceptions or deviations can be cause for rejection of the bid proposal. Any
exceptions not taken by the bidder shall be assumed by the Village to be included.
A contract will be awarded to the lowest responsible bidder complying with the
conditions of the bid documents only when it is in the best interest of the Village to
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accept the bid. The Village shall be the sole judge of compliance with the
Specifications.
18)Other Requirements.
a. New Equipment. The bidder certifies that any equipment to be furnished shall be
new, current model, standard production and fully operable, unless otherwise
indicated on the bid form.
b. Material, Equipment and Service Standards. Unless otherwise directed by the
Specifications, all materials, equipment and services provided will meet
standards or requirements which would normally be anticipated in common
practice. The bidder guarantees that all applicable federal, state and local laws,
including OSHA, are being complied with in connection with the bid and any
resultant contract or purchase by the Village.
c. Data; Proprietary. Complete and detailed brochures and specifications for
vehicles equipment, materials, goods, supplies and/or services to be furnished
must be included with each bid. Any reservations on the use of data contained in
a bid must be clearly stated in the proposal itself. Unless stated otherwise,
information submitted in response to the bid is not proprietary or confidential.
d. Patented Devices, Materials, And Processes. Contract prices are to include all
royalties and costs arising in the Work. It is the intent that whenever the Bidder is
required or desires to use any design, device, material, or process covered by
patent or copyright, the right of such use shall be provided for by suitable legal
agreement with the patent owner.
19)Reguirement Of Bidder. The successful bidder shall, within ten (10) days after
notification of the award of the contract: a) enter into a contract in writing with the
Village covering all matters and things related to its bid; and b) furnish the required
certificate of insurance and bonds.
20) Bid Certification Form. All bid submittals must include a signed Bid Certification
Form (copy attached) certifying non -collusion in the bid, and that the bidder is in
compliance with Sections 33E-3 and 33E-4 of the Illinois Criminal Code regarding
bid rotating and bid -rigging, 720 ILCS 5/33E-3, 33E-4, compliance with the Illinois
Drug Free Workplace Act, 30 ILCS 580/1, et seq., and Substance Abuse Prevention
in Public Works Projects Act, 820 ILCS 265/1 et seq., that it is not delinquent in the
payment of taxes (65 ILCS 5/11-42.1) and that it has a written sexual harassment
policy in place in full compliance with Section 2-105 of the Human Rights Act, 775
ILCS 5/2-105, as amended,
Sections 33E-3 and 33E-4 states that it is unlawful to participate in bid -rigging and/or
bid rotating. Therefore, all bidders must certify, under oath, that they are not barred
from bidding on the contract as a result of a violation of Sections 33E-3 and/or 33E-
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4, prohibiting bid -rigging and bid rotation. Therefore, the Bid Certification Form must
be notarized.
21)lnterpretation Of Bid Documents. Any bidder in doubt as to the true meaning of any
part of the Specifications or other bid documents shall submit a written request for
interpretation to Brett Sauter at bsauter@ciorba.com, no later than five (5) calendar
days prior to the date set for the opening of the bid. Any questions received after that
time may be answered at the discretion of the Village.
In the event that the Village finds a question to be adequately addressed in the
existing bidding documents, the question may be answered in writing by directing
the requesting bidder to the applicable provision(s) in the existing bid documents.
No further clarifications or interpretations will be issued.
Bidders will acknowledge receipt of any addendum issued by so noting on the bid
sheet. Oral explanations are not binding.
Questions about this Request for Bids should be directed to:
Jeff Wulbecker, Village Engineer
Mount Prospect Public Works Department
1700 West Central Road
Mount Prospect, IL 60056
Phone: (847) 870-5640
Email: jwulbeck@mountprospect.org
GENERAL CONDITIONS
1) Definition of Terms. In these specifications and the accompanying documents, the
several terms hereinafter defined shall be understood to mean as follows:
The term "Award" shall mean the decision of the Village of Mount Prospect to accept
the bid of the lowest responsible bidder for the work, subject to the execution and
approval of a satisfactory contract therefore, and bond to secure the performance
thereof, and to such other conditions as may be specified or otherwise required by
law.
The term "Bid" shall mean a formal written offer of a bidder to perform the proposed
work in accordance with these specifications.
The term "Bidder" shall mean any individual, firm, or corporation submitting a bid for
the work contemplated.
The phrase "Bid Documents" shall mean the Notice to Bidders, Table of Contents,
Instructions to Bidders, General Conditions and Special Provisions, Specifications,
Bid Form, Affidavit — Bid Certification Form, Bid Security, Bid Sheet, Other Materials
or standards provided or noted by the Village, Contract, Performance Bond form,
and Labor and Materials Payment Bond form.
The term "Board" shall mean the Board of Trustees of the Village of Mount Prospect,
Illinois.
The term "CCDD" shall mean Clean Construction or Demolition Debris.
The term, "Contract," shall mean the written agreement between the Village and the
contractor, or between the owner and the contractor.
The phrase "Contract Documents" shall mean the Bid Documents, bidder's
submitted Bid Form, Bid Security, Bid Sheet, Contract and required bonds or letter of
credit.
The term "Contractor," as successful bidder, shall mean the individual, firm or
corporation who shall have entered into an agreement or contract to furnish all
necessary labor, equipment, tools and materials for the performance of the work
under its bid and the Bid Documents.
The phrase "Director of Public Works" shall mean the Director of Public Works
representing the Village of Mount Prospect.
The term "EPR" shall mean the Village's Engineering Project Representative.
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The phrase "Final Performance Date" shall mean the date that Substantial
Performance and the punch list items must be completed.
The term "Inspector" shall mean the authorized representative of the Director of
Public Works assigned to make detailed inspection of any or all portions of the work
or materials therefore.
The phrase "Notice of Award" shall mean the written notice of award of the contract
given by the Village to the successful bidder.
The phrase "Notice to Bidders" shall mean the official notice included in the bid
inviting bids for the proposed improvements.
The phrase "Notice to Proceed" shall mean the official notice to the contractor that
will start the performance period/
The phrase "Performance Period" shall mean the time allotted for contractor to
perform the contract from start to Substantial Performance.
The term "Owner" shall mean the Village of Mount Prospect.
The phrases "Payment Bond", "Performance Bond", and "Letter of Credit" shall
mean the approved form of security furnished by the contractor and its financial
institution as a guarantee that it will execute the work and pay all material providers
and subcontractors.
The terms "Plans" or Contract Drawings" shall mean all official drawings or
reproductions of drawings pertaining to the work provided in the contract.
The phrase "Project Schedule" shall mean the critical path schedule submitted by
Contractor to the Village, which includes targeted dates of completion through the
Substantial Completion Date.
The term "Punch list" shall mean a list of items to be completed after Substantial
Performance.
The phrase "Special Provisions" shall mean any special directions and requirements
prepared to cover the method or manner of performing work on a particular project
or cover the quantities or quality of the materials to be furnished under the contract
not covered in the STANDARD SPECIFICATIONS. The special provisions included
in the contract shall govern the work and take precedence over the general
provisions and STANDARD SPECIFICATIONS noted above wherever they conflict
therewith, but they shall not operate to annul those portions of the general provisions
with which they are not in conflict.
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The term "Specifications" shall mean the general and special provisions, instructions
and requirements contained herein, together with written agreements and all other
executed documents which describe the method of performing the work, the
quantities, or the quality of material to be furnished under the contract. Additionally,
the term specifications will refer to standard practices as outlined in the Illinois
Department of Transportation's "STANDARD SPECIFICATIONS FOR ROAD AND
BRIDGE CONSTRUCTION (R&BC), latest revision and the "STANDARD
SPECIFICATIONS FOR WATER AND SEWER MAIN CONSTRUCTION IN
ILLINOIS" prepared by the ISPE, CECT, et al, latest revision.
The term "Subcontractor" shall mean any individual, firm or corporation other than
the contractor supplying labor, equipment, tools and materials for use in the work of
the contract.
The phrase "Substantial Performance" shall mean the date that the entire Project
can be used for the purposes for which it was intended, i.e., only punch list items
remain.
The phrase "Substantial Performance Date" shall mean the date that substantial
performance must be completed.
The term "Village" shall mean the Village of Mount Prospect, Illinois.
The terms "Village Manager" or "Manager" shall mean the Village Manager of the
Village of Mount Prospect, Illinois or his duly appointed representative.
The terms "Work" and "Project" are used interchangeably and shall mean the
improvement advertised for letting, described in the bid form, indicated on the plans,
and covered in the specifications and contract, and authorized alterations,
extensions and deductions, including labor, tools, equipment, materials and
incidentals necessary for the satisfactory completion of the project.
2) Award of contract; Performance; Payment.
a. Award of Contract. The Village will issue a Notice of Award to the successful
bidder, advising that it has been awarded the contract. Within ten (10) days of
delivery of the Notice of Award, by personal service or registered or certified U.S.
mail, posted prepaid and receipt requested, Contractor shall execute the
Contract, attached to the Bid Documents, and furnish the Village with the
required bonds and certificate of insurance.
b. Notice to Proceed. Upon the Village's receipt of the executed Contract, required
bonds and certificate of insurance, the Village will issue and send to Contractor a
Notice to Proceed, which will start the performance period.
c. Substantial Performance; Final Completion.
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i. The Contract shall be substantially performed by November 22, 2019 after
the Notice to Proceed is effective (the Substantial Performance Date").
Substantial Performance is when the entire Project can be used for the
purposes for which it was intended, i.e., only punchlist items remain.
ii. Final completion shall be within thirty (30) days after the Substantial
Performance Date (the "Final Performance Date").
d. Project Schedule. Within ten (10) days after the Contractor executes the
Contract, Contractor shall submit to Village a Project Schedule to include
targeted dates of completion of all construction and other requirements of the
Contractor through the Substantial Completion Date. Contractor shall monitor
schedule progress and provide monthly updates and revisions of the Project
Schedule, as needed to Village.
e. Liquidated Damages for Inexcusable Delay.
i. Time is of the essence. The Contractor agrees that all work included in
connection with this project must be completed by the Final Performance
Date, or sooner, after receipt of Notice To Proceed. It is hereby
acknowledged and agreed by both parties that the damages to the Village
are not readily ascertainable but that the failure to timely complete this
Work will materially and significantly damage the safety and well-being of
the Village, its staff and the public, and that therefore a sum of 1,000.00
per day is a fair and reasonable damage estimate to compensate the
Village for any such delay. If the Contractor fails to fully complete the
Work in that time, then and in this event, the Contractor further expressly
agrees that, for each day this Work and this contract shall remain
uncompleted after that date, the Village may deduct the sum of $1,000.00
per day after the Final Performance Date, from the contract price as
payment to the Village, by the Contractor of the liquidated damages
sustained by reason of failure of the Contractor to complete the Project on
or before the time aforesaid.
ii. Provided, however, that if the completion of this contract is delayed by the
Village, by general strikes, acts of God, or casualty beyond the control of
the Contractor, then and in such event, the time of completion of this
contract shall be extended for such additional time as shall be caused by
such delay.
iii. Provided, always, however, that the Contractor shall, at the time of such
delay, if any, demand of the Village, in writing, such additional time within
which to complete the performance of the Contract. The Contractor will be
required to notify the Village within three (3) days of such delay, stating
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the reason for same. If the Contractor does not notify the Village in
writing, within three (3) days of the delay, no request for extension of time
will be approved.
f. Measurement of Quantities. All work completed under the contract will be
measured by the Village according to United States standard measures.
g. Payment. Payment under the Contract will be made in accordance with the
Illinois Local Government Prompt Payment Act, 50 ILCS 505/1 et seq.
h. Payment for Items Omitted when Partially Completed. Should the Village cancel
or alter any portion of the contract which results in the elimination or non -
completion of any portions of the work partially completed, the contractor will be
allowed a fair and equitable amount covering all items of work incurred prior to
the date of cancellation, alteration, or suspension of such work. A written change
order may apply.
Partial Payment. When requested, the contractor will make an approximate
estimate, in writing, of the materials in place completed, the amount of work
performed, and the value thereof, at the contract unit prices. From the amount
so determined, there shall be deducted ten percent (10%) to be retained until
after completion of the entire Work to the Village for payment, except that no
amount less than $500 will be so certified unless the total amount of the contract
is less than $500.
In addition, an estimate may, at the discretion of the Village and upon
presentation of receipted invoices and freight bills, be made for payment of the
value of acceptable materials delivered on the Work or in acceptable storage
places and not used at the time of such estimate. Ten percent (10%) shall be
retained from the value of such materials until final payment. Such materials,
when so paid for by the Village, shall become the property of the Village, and in
the event of default by the Village, shall become the property of the Village, and
in the event of default by the contractor, the Village may use or cause to be used
such materials in the construction of the work provided for in the contract. The
amount thus paid by the Village shall be deducted from estimates due the
contractor as the material is used in the work.
Partial payment for work or materials shall not be construed as an acceptance of
the work or any part of it, or as a waiver of any provisions of the contract. Partial
payment will only be granted if in the opinion of the Village sufficient labor and
materials have been expended to warrant it.
If partial payments are requested, the Contractor shall submit with each payment
request a properly completed Contractor's Affidavit setting out, under oath, the
name, address and amount due or to become due, of Contractor, each
subcontractor, vendor, supplier or other appropriate party included in its cost, and
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for every party listed a full or partial waiver of lien, as appropriate. Beginning with
the second payment request, and with each succeeding payment request, the
Contractor shall submit Contractor's Affidavits and partial waivers of lien for each
subcontractor and supplier showing that the amount paid to date to each is at
least equivalent to the total value of that subcontractor's work, less retainage,
included on the previous payment request.
Acceptance and Final Payment. Whenever the Work shall have been completely
performed on the part of the contractor, including Punch list items, and all parts
of the Work have been approved by the Village and accepted by the Village, a
final payment showing the value of the work will be prepared by the contractor as
soon as the necessary measurements and computations can be made, all prior
estimates upon which payments have been made being approximate only and
subject to correction in the final payment. The amount of this estimate, less any
partial or semifinal payments previously made and less any sums that have been
deducted or retained under the provisions of the contract, will be paid to the
contractor as soon as practicable after the final acceptance, provided the
contractor has furnished to the Village the required maintenance bond and
satisfactory evidence that all sums of money due for any labor, materials,
apparatus, fixtures or machinery furnished for the purpose of such work have
been paid or that the person or persons to whom the same may be due have
consented to such final payment.
If final payment is requested, the Contractor shall submit a properly completed
Contractor's Affidavit setting out, under oath, the name, address and amount due
or to become due, of Contractor, each subcontractor, vendor, supplier or other
appropriate party included in its cost, and a full and final waiver of lien for the full
amount of the Work, less retainage. The Contractor shall assign over to the
Village all manufacturers' and suppliers' warranties respecting any part of the
Work. The Contractor shall also deliver to the Village the required maintenance
bond prior to Final Payment and upon receipt of Final Payment a set of Plans
and Specifications annotated to show the Project "as -built."
The acceptance by the contractor of the final payment shall constitute a release
and waiver of any and all rights and privileges under the terms of the contract;
further, the acceptance by the contractor of final payment shall relieve the Village
from any and all claims or liabilities for anything done or furnished relative to the
Work or for any act or neglect on the part of the Village relating to or connected
with the Work.
k. Punch list. The Contractor shall notify the Village when it believes substantial
performance of the entire Project has been achieved. The Village, and/or any
independent consultant engaged by the Village, shall then inspect the Project site
with the Contractor, and prepare and deliver to the Contractor within five (5) days
thereafter, a written Punch list indicating items of construction which are not in
material conformity with the Contract Documents. The Punch list items shall be
15
completed by the Final Performance Date. Pending completion of Punch list
items, the Village may withhold from amounts due to the Contractor an amount
equal to but not greater than one and one-half (1'/2) times the estimated cost to
complete Punch list items.
Final Policing of the Sites. Before the completed work will be ready for the
Village's final inspection, the contractor shall have removed from the project sites
all surplus equipment, machinery, materials, debris, barricades, and signs. The
contractor shall leave said project sites in the best possible condition to the
complete satisfaction of the Village.
m. Final Inspection. The Village shall make final inspection of all of the Work, as
soon as practicable after notification in writing by the contractor that the work is
completed and ready for acceptance. If the Work is not acceptable to the Village
at the time of such inspection, the Village shall inform the contractor as to the
particular defects to be remedied before final acceptance can be made.
n. Alterations, Cancellations, Extensions and Deductions. The Village reserves the
right to alter the plans, extend or shorten the improvement, add such incidental
work as may be necessary, and increase or decrease the quantities of work to be
performed to accord with such changes, including the deduction or cancellation
of any one or more of the unit price items. Such changes shall not be considered
as a waiver of any condition of the contract nor to invalidate any of the provisions
thereof. A written change order may apply.
All Work shall be done under the supervision of the Village's Director of Public
Works, or a designated representative who shall decide all questions which arise
as to the quality and acceptability of materials furnished, work performed,
manner of performance, rate of progress of the work, interpretation of the plans
and specifications, acceptable fulfillment of the contract, compensation and
disputes and mutual rights between contractors under the specifications.
I. Change Orders. The Village may from time to time require changes in the Work.
Such changes shall comply with Section 33-E9 of the Criminal Code, 720 ILCS
5/33E-9.
m. Right of the Village to Terminate the Contract.
i. If the Contractor fails to begin the Work under the Contract within the time
specified, or fails to perform the Work in accordance with the terms of the
approved schedule or performs the Work in a manner unacceptable to the
Village, or neglects or refuses to remove materials or perform anew such
Work as has been rejected by the Village, or if the Contractor shall
become insolvent or be declared bankrupt, or shall make an assignment
for the benefit of creditors, or from any other cause whatsoever shall fail to
carry on the Work in a manner required by the Contract, the Village shall
16
give notice as hereinafter provided to the Contractor and its surety in
writing specifying such failure, delay, neglect, refusal or default, and if the
Contractor, within a period of ten (10) calendar days after the giving of
such notice, shall not proceed in accordance therewith, then the Village
shall have full power and authority to declare this Contract and the
Contractor in default, and to forfeit the rights of the Contractor in this
Contract.
ii. Upon declaration of Contractor's default, the Village may, at its option, call
upon the surety to complete the Work in accordance with the terms of this
Contract or may take over the Work, including any materials on the Work
site as may be suitable and acceptable to the Village and may complete
the Work by its own forces or on its own account, or may enter into a new
contract or contracts for the completion of the Work, or may use such
other methods as shall be required for the completion of the Work in an
acceptable manner as the Village may in its discretion determine.
iii. All costs and charges incurred by the Village, together with the cost of
completing the Work shall be deducted from any moneys due or which
may become due on this to the Contractor under this Contract. Following
any payment due and received by the Village from the Contractor's surety
following default, if the expense so incurred by the Village is less than the
sum paid to the Village by the surety under this Contract for work
remaining, the surety shall be entitled to receive the excess difference
paid to the Village. When such Contractor default costs incurred by the
Village exceeds the sum paid to the Village for the work remaining under
the Contract the Contractor and the surety shall be liable and shall pay to
the Village the full cost of such additional expenses.
3) Performance of the Work.
a. Accident Prevention. The contractor shall exercise every precaution at all times
for the protection of persons and properties. The safety provisions of all
applicable laws and ordinances shall be strictly observed. Any practice obviously
hazardous, in the opinion of the Director of Public Works or his authorized
representative, shall be immediately discontinued by the contractor upon his
receipt of instructions from the Director of Public Works or an authorized
representative to discontinue such practice.
b. Barricades and Warning Signs and Lights. The contractor shall erect substantial
lighted barricades to protect its work at all points deemed necessary by the
Director of Public Works; said contractor shall place at such points the necessary
warning signs, amber lights, caution tape, and other suitable devices to protect
his work properly and to provide for the convenience and safety of the public at
all times. The contractor shall maintain such barricades, signs, lights and
17
protective devices until the need for them, in the judgment of the Public Works
Director or an authorized representative, has passed.
Contractor shall provide warning signs and barricades to safely mark any
hazards or detours caused by the work. All such warning signs and barricades
for work in, or affecting Village of Mount Prospect streets, access roads, and
state highways shall meet all applicable requirements as stipulated in the latest
edition of the Manual for Uniform Traffic Control Devices published by the U.S.
Department of Transportation. All costs for barricades, signs including all labor
and other associated materials shall be incidental to the fixed unit price bid for
the specific repair or pay item.
c. Cooperation with Utilities. It is understood and agreed that the contractor has
considered in its bid all of the permanent and temporary utility appurtenances in
their present or relocated positions that may be encountered during construction
and no additional compensation will be allowed for any delays, inconvenience, or
damage sustained by it due to any interference from the said utility
appurtenances either by the utility company or by it, or on account of any special
construction methods required in prosecuting its work due to the existence of
said appurtenances either in their present or relocated positions. The contractor
shall insure that prompt repairs are, to the approval of the inspector, made to any
utility appurtenances damaged by it without compensation from the Village.
During performance of the work, Contractor shall protect all utilities and property
from damage. Contractor shall spot all utilities prior to any excavation work.
Contractor shall call J.U.L.I.E. (1-800-892-0123), and request utility locations as
soon as possible for emergency repairs and within forty-eight (48) hours for non-
emergency work prior to excavation in strict accordance with J.U.L.I.E. operation
procedures.
d. Clean-up. After all work under each task phase of the work is completed, the
Contractor shall remove all loose debris and other materials not incorporated in
the work from the site of the work. Any clean up or restoration to private property
will be the responsibility of the Contractor.
e. Construction Noise Restriction. All construction activities or alteration operations
within the Village shall be performed only between the hours of 8:00 a.m. and
7:00 p.m. Monday through Saturday. No work will be allowed on Sundays and
legal holidays as listed in Article 107.09 of the Standard Specifications.
Variations from these time limitations shall be allowed only in the case of
maintenance of operation of safety and traffic control devices such as barricades,
signs and lighting, or to construction of an emergency nature. More stringent
requirements may be assessed for work in state highway or railroad rights-of-
way. Working hours outside these times must receive prior approval from the
Village.
f. General. The work to be performed under the contract includes the furnishing of
all supervision, labor, materials, tools, equipment and incidentals of every kind
and description necessary for construction, in accordance with the Contract
Documents.
g. Inspection. All materials and each part or detail of the work shall be subject at all
times to inspection by the Village or its inspectors, and the contractor will be held
strictly to the true intent of the Specifications in regard to quality of materials,
workmanship and diligent execution of the contract. The Village or its inspectors
shall be allowed access to all parts of the work and shall be furnished with such
information and assistance by the contractor as is required to make a complete
and detailed inspection. Materials, components or completed work not complying
therewith may be rejected by the Village and shall be replaced by the Contractor
at no expense to the Village. Any rejected material or component shall be
removed at the entire expense of the Contractor, after written notice has been
mailed by the Village to the Contractors that such materials or components have
been rejected.
The contractor shall, if the Village requests, remove or uncover such portions of
the finished work as the Village may direct before final acceptance of the same.
After the examination, the contractor shall restore said portion of the work to the
standard required by the Specifications. If the work thus exposed or examined
proves acceptable, the expense of uncovering or removing and the replacing of
the parts removed shall be paid for as extra work; but if the work so exposed or
examined is unacceptable, the expense of uncovering or removing and replacing
of the same shall be borne by the contractor.
h. Materials and Equipment. Except where the Specifications indicate otherwise,
the Village is not responsible for providing any tools, equipment or storage under
the contract in order to permit its completion of any contractual obligations under
the contract, which may be awarded as the result of the bid.
i. Personnel and Equipment. The contractor shall provide an adequate number of
competently trained personnel with sufficient supervision to provide the services
required, and contractor shall provide identification of its personnel if requested
by the Village.
Any contractor's employee whose employment is reasonably detrimental or
objectionable to the Village shall be immediately transferred from the worksite
upon the Village's request. The exercise of this option shall not be construed as
placing the Village in charge of the Work or making the Village responsible for
safety.
All on the road vehicles or equipment shall be identified by the contractor's name
for purpose of identification.
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All tools or equipment required to carry out the operations within the scope of the
contract shall be provided by the Contractor and shall meet the standards of the
Federal Occupational Safety and Health Act and State of Illinois safety codes as
may be required by law. The Village reserves the right to inspect the equipment
that will be used prior to award of Bid.
j. Property Protection. No vehicles of any kind shall be placed, parked or operated
upon or over any sodded areas.
k. Protection and Restoration of Property. It is understood that in the execution of
the Work herein provided for there may be interference with and/or damage to
trees, shrubbery, crops, fences, railroad tracks, overhead structures such as
poles, wires, cables, underground structures such as sewers, gas mains,
telephone conduits and cables, water mains, drains, service connections, wires,
pipes, conduits, located along, adjacent to, and/or crossing the locations of the
Work, and that it may be necessary to relocate or reconstruct certain of such
structures, improvements, and installations and/or to make repairs to the same
by reasons of doing the Work herein provided for, and it is therefore particularly
and specifically agreed that the Contractor except as otherwise herein provided,
shall do the Work necessary for such relocation, reconstruction, and repair and
shall bear and pay all of the cost and expense of such relocation, reconstruction,
and/or repair of, and all damage done to any and all such pipe line and other
structures, improvements, and installations, including service connections, if any,
to adjacent property, existing at the date of the execution of the contract and/or
existing, during the period of the Work to be done under the contract, which may
be interfered with, damaged, and/or necessarily relocated, reconstructed, or
repaired in the performance of the Work herein provided for, including the
restoration and resurfacing of unpaved portions of public streets and alleys,
rights-of-way, easements, and private property damaged or disturbed by the
Work, the same to be restored to as good condition as the same existed at the
time of the commencement of any such Work or relocation.
It is further agreed that the owners of any structures, improvements, installations,
referred to in the preceding paragraph shall have the right to do the Work or any
part thereof necessary for the relocation, reconstruction, replacement, repair, and
other Work required by reason of any interference with and/or damage to such
structures, improvements, installations, due to the prosecution of the Work and
upon completion of such Work by them done, said owners may render bills to the
Contractor for the cost and expenses thereof which bills shall be paid by the
Contractor without extra compensation therefore from the Village, upon demand
by said owners, or upon demand made by the Village upon the Contractor for the
payment thereof.
I. Public Convenience and Safety. The contractor shall notify the Director of
Public Works at least three (3) days in advance of the starting of any construction
work which might in any way inconvenience traffic, and the contractor shall at all
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times conduct the work in such a manner as to insure the least obstruction to
vehicular and pedestrian traffic. Whenever possible, the contractor shall provide
and maintain at his own expense such temporary roads and approaches as may
be necessary to provide access to driveways, houses, buildings or other property
abutting the improvements. In no case will the contractor obstruct entrance ways
into private property without first seeking the Village and private property owner's
approval.
m. Public Relations. The Contractor shall cooperate with the Village of Mount
Prospect in maintaining a high degree of sensitivity to the needs of property and
business owners along the project route. Contractor will distribute written public
work notices to businesses and residences as required by the Village.
n. Removal of Defective and Unauthorized Work. Work done without lines and
grades being given, or beyond the lines shown on the plans or as given, except
as herein provided, or any extra work done without authority will be considered
as unauthorized and at the expense of the contractor, and will not be measured
or paid for. Work so done may be ordered removed or replaced at the
contractor's expense.
All work which has been ordered to be removed or replaced shall be remedied or
removed and replaced by the contractor in a manner approved by the Village at
the contractor's expense. Upon failure of the contractor to comply promptly with
any order of the Village made under this provision, the Village shall, after giving
written notice to the contractor, have the authority to cause defective work to be
remedied, or removed and replaced, or to cause unauthorized work to be
removed, and deduct the cost thereof from any compensation due or to become
due the contractor.
o. Scheduling. The contractor shall consult with the Village's Public Works Director
or an authorized representative concerning the details and scheduling of the
work contemplated herein and shall be governed by the decisions of said
Director or representative.
p. Supervision. The contractor shall at all times have a competent person in charge
of its work crew at the job site to whom the Village representative may issue
directives. Such person shall be authorized to accept and act upon such
directives. Such person shall be fluent in the English language.
q. Traffic Control. Contractor shall maintain traffic flow(s) and accessibility to
private property(s) as close to normal condition as possible. Contractor shall
notify residents, Village of Mount Prospect and state/county officials, as
appropriate, of any driveway or road closure.
The contractor shall abide with the Illinois Department of Transportation's
Standard Specifications for Road and Bridge Construction, latest edition. The
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Contractor shall also abide with the Manual on Uniform Traffic Control Devices,
latest edition. Contractor shall also provide sufficient flag persons to assist with
traffic control during operation.
Traffic control costs to close the street or ROW is to be included in the "all-
inclusive" unit price of the pay item and considered as incidental to that pay item
and will not be considered an extra line item.
r. Tree Protection. All tree protection shall be incidental to the contract and shall be
installed and maintained in accordance with the Tree Protection Ordinance and
plan as specified by the Village. Tree protection fencing shall be paid for per
FOOT of TEMPORARY FENCING.
REMOVAL PROHIBITED UNLESS AUTHORIZED: All trees shall be maintained,
saved, and protected from damage unless removal is approved by the Village.
CRITICAL ROOT ZONE: To prevent unnecessary damage to existing public
trees during construction, proper tree protection guidelines must be followed,
particularly in the root zone where major support roots securely hold the tree in
the soil. This Critical Root Zone (CRZ) is defined as the entire ground area
within the vertical projection of the crown of a tree. This is also commonly
referred to as the area within the drip line of a tree.
Power equipment may not be used to excavate soil, change grades, or dig
trenches in the Critical Root Zone. All soil excavation done within the CRZ must
be done by hand, except as authorized in these specifications. Exceptions to the
above shall be granted only with written permission from the Director of Public
Works.
FENCING: All unpaved ground on public property within the Critical Root Zones
(CRZ) of existing trees subject to construction damage shall be fenced before
any work is started. This Tree Protection Fencing will be paid for as specified in
these contract documents. Once assembled, no fencing shall be removed
without prior approval of the Engineer, and there shall be no construction activity
or material including storage, stockpiling, and equipment access within the
enclosure. Fencing material shall be orange polypropylene snow fence
supported with metal posts and installed according to the detail which will be
provided by the Forestry Division.
CHANGES TO EXISTING GRADE: No changes to original grade shall be
allowed inside the CRZ.
ROOT PRUNING DURING CONSTRUCTION: All tree roots greater than two
inches (2") in diameter that are encountered in any construction process shall be
cut cleanly with an appropriate saw or pruning shear or other tool specifically
designed for cutting wood. Axes or other such chopping tools shall not be used.
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Shovels or other tools designed for digging shall not be used. Contractor shall
contact Forestry for a root inspection before backfilling.
ATTACHMENTS TO TREES: No signs, placards or other objects may be nailed
or stapled to trees.
BRANCH REMOVAL: Tree branches shall not be cut, pruned or trimmed by the
Contractor. If parkway tree branches interfere with the Contractor's work, he
should contact the Forestry Division to request pruning. If Forestry deems the
request reasonable, they will endeavor to promptly prune the branches at the
Village's expense.
PENALTIES FOR TREE DAMAGE: Where limbs, trunks or roots of trees not
approved for removal are damaged, the Village shall determine whether the tree
can be repaired or must be removed. Repairs may include, but are not strictly
limited to, pruning of broken limbs, removal of loose bark and proper shaping of
wounds, thinning of the crown to compensate for root loss, fertilization,
straightening and staking.
Repairs shall be performed by the Village. The cost of such repairs shall be paid
for by the Contractor to the Village, using rates listed in the current edition of the
Village's Equipment and Labor Rate Charges. Additionally, the Village may fine
the contractor for unnecessary tree damage according to the schedule listed in
Appendix A, Division III of the Village Code.
If in the opinion of the Village, the amount of damage warrants removal of the
tree due to safety or aesthetic concerns, the Contractor shall remove the tree,
along with its stump to a depth of 12 inches below grade. The Contractor shall
pay the Village for replacement of the tree. Replacement cost will be determined
by multiplying the diameter of the damaged tree, as measured 4-1/2 feet above
the ground, by the rate of $150.00/inch.
The Contractor shall be responsible for being familiar with and complying with all
aspects of the Village of Mount Prospect Tree Protection ordinances and
Arboricultural Standards Manual as they relate to the various site locations. Any
questions regarding tree protection shall be directed to the Village Forestry
Division and their response or direction shall be considered as the final
word/decision on tree protection issues. Any costs for tree protection fencing,
posts, labor or other associated labor or material shall be incidental to the fixed
cost per unit bid.
s. Work In Street Right — of — Way. All of contractor's construction work in street
rights-of-way shall be done in strict accordance with the applicable controlling
public agency's construction specifications, permitting, bonding, rules, and
regulations.
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All costs for necessary permits and bonds shall be borne by the Contractor and
considered incidental to the fixed item price of the applicable work.
Contractor shall coordinate with the proper public officials and receive approval
from said officials prior to any street closings or detouring required due to the
work to be performed.
Contractor shall protect existing vegetation from removal or damage wherever
possible. Contractor shall confine construction work to specified construction
limits as shown on the drawings or defined in the specifications. Should
Contractor damage or remove any vegetation outside the construction limits,
Contractor shall restore the affected area to its original state at no expense to the
Village.
4) BOND; INSURANCE; INDEMNIFICATION.
a. Performance and Labor and Material Payment Bond. Upon submission of the
executed contract to the Village, Contractor shall furnish to the Village a surety
bond in the amount one hundred and ten percent (110%) of the bid for the faithful
performance of the Contract and to indemnify the Village against loss. The
Contractor shall also furnish a labor and materials bond in the amount one
hundred and ten percent (110%) of the bid to ensure payment for all labor and
materials, including compliance with the provisions of law relating to the payment
of the prevailing rate of wages. The premium of such bonds is to be paid by the
Contractor. The surety must be with a substantial surety company satisfactory to
the Village and authorized by law to do business in the State of Illinois and
endorsed by a local representative of said surety company. All payment and
performance bonds shall name the Village of Mount Prospect as Obligee and be
written upon forms prepared or approved by the Village. Said bonds may be
satisfied with a Letter of Credit, in the form acceptable to the Village, from a bank
or savings and loan within the Chicago metropolitan area. The bonds and Letter
of Credit shall remain in effect during the full term of the Contract and any
extension thereof. Failure to so provide these bonds or Letter of Credit shall
result in forfeiture of the bid deposit to the Village as liquidated damages and not
as a penalty, and the termination of the contract and/or withdrawal of the award.
b. Insurance Requirements. In submission of a bid, the bidder is certifying that it
has all insurance coverages required by law or that would normally be expected
for bidder's type of work. In addition, the bidder is certifying that, as successful
bidder/Contractor, upon execution of the Contract, it will provide Insurance of
such types and in such amounts as may be necessary to protect itself and the
interests of the Village against all hazards or risks of loss contemplated by the
Contract. The Village shall be named as additional insured on all applicable
insurance policies. Satisfactory certificates of insurance shall be filed with the
Village upon execution of the Contract. The certificates shall state that thirty (30)
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days advance written notice will be given to the Village before any policy covered
thereby is changed or canceled.
Insurance coverage shall be in the following minimum amounts:
Limit/ Limit/
Type of Insurance Ea. Occurrence Aggregate
General Liability
Bodily Injury $1,000,000 $3,000,000
Property Damage $1,000,000 $3,000,000
Contractual Ins. $1,000,000 $3,000,000
Automobile Liability
Bodily Injury
Property Damage
Workers Compensation
Employee Claims
Employers Liability
$1,000,000 $1,000,000
$1,000,000 $1,000,000
Statutory for Illinois
$1,000,000 per accident
c. Indemnification. The Contractor shall indemnify_and save harmless the Village,
its officers and employees from any and all liability, losses or damages, including
attorneys fees and costs of defense, the Village may suffer as a result of claims,
demands, suits, actions or proceedings of any kind or nature, including workers'
compensation claims, in any way resulting from or arising out of the operations of
the Contractor under the Contract, including operations of subcontractors; and
the Contractor shall, at his own expense, appear, defend, and pay all fees of
attorneys and all costs and other expenses arising therefrom or incurred in
connection therewith; and, if any judgments shall be rendered against the Village
in any such action, the Contractor shall, at his own expense, satisfy and
discharge same. The Contractor expressly understands and agrees that any
bonds, letters of credit or insurance protection required by the Contract, or
otherwise provided by the Contractor, shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the Village as herein provided.
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 bid Specifications.
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5) Compliance with Laws.
a. Collusion. If at any time it shall be found that the person, firm, or corporation to
whom the Contract has been awarded has, in presenting any proposal or
proposals, unlawfully colluded with any other party or parties, then the Contract
so awarded shall be null and void and the Contractor and his sureties shall be
liable to the Village for all loss or damage which the Village may suffer thereby,
and the Village may advertise for new bids for said work.
b. Observance of Laws, Ordinances, and Regulations; Certifications of Compliance
with Applicable Laws. The contractor shall, at all times during the life of this
contract, observe and abide by all federal, state and local laws which in any way
affect the conduct of the work and with all decrees and orders of courts or
agencies of competent jurisdiction. Likewise, said contractor shall be governed
by all municipal ordinances and regulations which in any way affect the conduct
of the work. The contractor shall indemnify and save harmless the Village, its
officers, agents, and employees against any claim or liability arising from or
based on his violation of any law, ordinance, regulation, decree or order.
The bidder and contractor, as successful bidder, shall comply with all applicable
state, federal and local laws, including, but not limited to the following:
i. Bid Rigging/Rotating. By submitting a bid, the Contractor certifies that no
owner, officer or director is barred from contracting with any unit of state or
local government as a result of violating the bid rigging or bid rotating
provisions contained in 720 ILCS 5/33E-3 & 33E-4.
ii. Tax Payment. The Contractor certifies that it is not delinquent in the
payment of any taxes to the Illinois Department of Revenue. (65 ILCS
5/11-42.1-1)
iii. Drug Free Workplace Act. The Contractor will comply with the
requirements of the Drug Free Workplace Act if the contract is $5,000 or
more and it has more than 24 employees at the time of entering into the
contract (30 ILCS 580).
iv. Preference to Veterans Act. The Contractor will comply with the
Preference to Veterans Act (330 ILCS 55).
V. Substance Abuse Prevention Program. By submitting a bid, the
Contractor certifies that the company has in place, to the extent not
covered by a collective bargaining agreement that deals with the subject
of the Act, a substance abuse prevention program that meets or exceeds
the requirements of the Substance Abuse Prevention in Public Works
Projects Act, 820 ILCS 265/1 et seq.
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vi. Non -Discrimination. The Contractor will comply with the Illinois Public
Works Employment Discrimination Act (775 ILCS 10/1, et seq.)
vii. Equal employment Opportunity. The Contractor will comply with Article 2
of the Illinois Human Rights Act (775 ILCS 5/2-101, et seq.), including
establishment and maintenance of a sexual harassment policy as required
by Section 2-105, and the Rules and Regulations of the Illinois
Department of Human Rights, including the EQUAL EMPLOYMENT
OPPORTUNITY CLAUSE, which is a material term of all public contracts,
as follows:
EQUAL EMPLOYMENT OPPORTUNITY
In the event of the contractor's non-compliance with the provisions of this
Equal Employment Opportunity Clause or the Act, the 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 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 he or she will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation,
marital status, order of protection status, national origin or ancestry,
citizenship status, age, physical or mental disability unrelated to ability,
military status or an unfavorable discharge from military service; and,
further, that he or she will examine all job classifications to determine if
minority persons or women are underutilized and will take appropriate
affirmative action to rectify any underutilization.
2) That, if he or she hires additional employees in order to perform this
contract or any portion of this contract, he or she will determine the
availability (in accordance with this Part) of minorities and women in the
areas from which he or she may reasonably recruit and he or she will hire
for each job classification for which employees are hired in a way that
minorities and women are not underutilized.
3) That, in all solicitations or advertisements for employees placed by him or
her or on his or her behalf, he or she will state that all applicants will be
afforded equal opportunity without discrimination because of race, color,
religion, sex, sexual orientation, marital status, order of protection status,
national origin or ancestry, citizenship status, age, physical or mental
disability unrelated to ability, military status or an unfavorable discharge
from military service.
4) That he or she will send to each labor organization or representative of
workers with which he or she has or is bound by a collective bargaining or
other agreement or understanding, a notice advising the labor
organization or representative of the contractor's obligations under the Act
27
and this Part. If any labor organization or representative fails or refuses to
cooperate with the contractor in his or her efforts to comply with the Act
and this Part, the contractor will promptly notify the Department and the
contracting agency and will recruit employees from other sources when
necessary to fulfill its obligations under the contract.
5) That he or she will submit reports as required by this Part, 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
Act and this Part.
6) That he or she 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 Act and the
Department's Rules and Regulations.
7) That he or she will include verbatim or by reference the provisions of this
clause in every subcontract awarded under which any portion of the
contract obligations are undertaken or assumed, so that the provisions will
be binding upon the 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 subcontractors; and further it will
promptly notify the contracting agency and the Department in the event
any subcontractor fails or refuses to comply with the provisions. 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. Title 44, Part 750, Section 750, APPENDIX A,
Illinois Administrative Code,
viii. PREVAILING WAGE. This contract calls for the construction of a "public
work" within the meaning of the Illinois Prevailing Wage Act, 820 ILCS
130/1, et seq., as amended (the "Act"). The Contractor and all
subcontractors are required to pay wage rates in accordance with the Act
to all laborers, workers and mechanics. The Village has adopted the
prevailing wages as determined by the Illinois Department of Labor
("IDOL") for Cook County. The prevailing rate of wages is revised by the
IDOL and is available on the IDOL website,
www.state.ii.us/agency/idol/rates/rates.HTM. The Contractor and all
subcontractors are solely responsible for checking the Department's
website for revisions to prevailing wage rates. In the event that the IDOL
should revise the prevailing rate of wages, then the revised rates shall
apply to this Contract. In no case shall any revision in the rates of
prevailing wages result in an increase in the total Contract price.
All bonds provided by the Contractor under the terms of this Contract shall
include such provisions as will guarantee the faithful performance of the
IM
Contractor's obligations under this clause and under the Prevailing Wage
Act, 820 ILCS 130/1 et. seq.
Contractor shall comply with all applicable provisions of the Prevailing
Wage Act, including, but not limited to, the requirements of Section 5 of
the Prevailing Wage Act, 820 ILCS 130/5. The Contractor, and all
Subcontractors and Sub -Subcontractors participating on the Project, shall
make and keep those records required under Section 5 of the Prevailing
Wage Act in paper or electronic format. In conformance with the Act, each
contractor and subcontractor, or other entity performing work on the
project, shall maintain records of all laborers, mechanics and other
workers employed by them on the project, including the following
information on each worker: (1) name; (2) address; (3) telephone number
when available; (4) social security number; (5) classification or
classifications; (6) gross and net wages paid in each pay period; (7)
number of hours worked each day; (8) starting and ending times of each
day; (9) hourly wage rate; (10) hourly overtime wage rate; (11) hourly
fringe benefit rates; (12) the name and address of each fringe benefit fund;
(13) the plan sponsor of each fringe benefit, if applicable; and (14) the
plan administrator of each fringe benefit, if applicable. These records shall
be kept by the participating contractor and subcontractor for a period of
not less than five (5) years from the date of last payment on the contract
or subcontract. No later than the 15th day of each calendar month, each
participating contractor and subcontractor shall submit a monthly certified
payroll to the Village consisting of the above -referenced information as
well as a statement signed by the participating contractor or subcontractor
that certifies: (a) the records are true and accurate; (b) the hourly rates
paid to each worker is not less than the general prevailing rate of hourly
wages required under the Prevailing Wage Act; and (c) the contractor or
subcontractor is aware that filing a certified payroll that he or she knows to
be false is a Class A misdemeanor.
ix. Compliance with Freedom of Information Act Request. Section 7 of the
Illinois Freedom of Information Act (FOIA), 5 ILCS 140/7, applies to public
records in the possession of a party with whom the Village of Mount
Prospect has contracted. The Village of Mount Prospect 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.
The bidder/contractor acknowledges the requirements of FOIA and agrees
to comply with all requests made by the Village of Mount Prospect for
public records (as that term is defined by Section 2(c) of FOIA) in the
undersigned's possession and to provide the requested public records to
the Village Mount Prospect within two (2) business days of the request
being made by the Village of Mount Prospect. The bidder/contractor
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agrees to indemnify and hold harmless the Village of Mount Prospect from
all claims, costs, penalties, 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 public records to the Village of Mount Prospect under the contract.
X. Work Guaranty.
1. Maintenance Bond. A maintenance bond or a maintenance letter of
credit is required. This maintenance bond or maintenance letter of
credit amount shall consist of ten percent (10%) of the final project
cost; it shall be posted by the contractor with the Village upon
completion of all Work; and it shall be valid and effective for a period of
two (2) years after the final acceptance of such Work by the Village for
the purpose of guaranteeing against and securing the correction of any
defect in material or workmanship furnished for such improvements,
latent in character and not discernible at the time of final inspection or
acceptance by the Village of Mount Prospect.
2. General Guaranty. Neither partial or final payment, nor any provision
in the contract, nor partial or entire use of the product/Work embraced
in the contract by the Village or the Public shall constitute an
acceptance of work not done in accordance with the contract, or
relieve the contractor of liability in respect to any express warranties or
responsibility for failure to comply with the terms of those contract
documents.
Unless otherwise expressly provided in the Specifications, in the event
any defects or imperfections in the materials or workmanship to be
furnished by the contractor herein appear within the period of two (2)
years from the date of completion of all the Work and acceptance
thereof by the Village, the contractor will, upon notice from said Village
(which notice may be given by letter to said contractor to the business
address of the contractor shown in the proposal), repair and make
good at his own cost any such defects or imperfections and replace
any defective or imperfect materials or workmanship with other
materials or workmanship satisfactory to said Village, and furnish all
such new materials and labor as may be necessary to do so; and in
the event of the failure, refusal or delay of said workmanship or
materials said Village may do so or have same done by others, and
said contractor and surety or sureties on the bonds given for the
faithful performance of the contract shall be liable to the Village for all
damages and expenses occasioned by such failure, refusal or delay.
All details of warranties shall be included with the bid. Warranty work
shall be at no additional expense to the Village.
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Manufacturer warranties and guaranties shall be submitted with the bid
and shall be considered a part of the contract where such
specifications meet the minimum bid Specifications.
A. Miscellaneous Contract Requirements
1. Contract Alterations. No amendment of a contract shall be valid
unless made in writing and signed by the Village President, Village
Manager, or their authorized representative.
2. Licenses and Permits. The Contractor shall procure at its own
expense all necessary licenses and permits in connection with the
work under the Contract.
3. Nonassignability. The contractor shall not assign the contract, or
any part thereof, to any other person, firm or corporation without the
previous written consent of the Village. Such assignment shall not
relieve the contractor from its obligations or change the terms of the
contract unless agreed by the Village at its sole discretion.
4. Notices. All notices required by the contract shall be given in
writing.
5. Taxes. The contractor shall pay all federal, state and local taxes as
may be applicable on all materials, labor and services furnished by
it under the contract, and the amounts of such taxes shall be
included in the unit prices bid.
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SPECIFICATIONS
The following Special Provisions supplement the "Standard Specifications for Road and
Bridge Construction," adopted April 1, 2016, the latest edition of the "Manual on Uniform
Traffic Control Devices for Streets and Highways," and the "Manual of Test Procedures
for Materials" in effect on the date of invitation for bids, and the Supplemental
Specifications and Recurring Special Provisions indicated on the Check Sheet included
herein which apply to and govern the construction of Bridge Repair George Street
Over Weller Creek; and in case of conflict with any part or parts of said Specifications,
the said Special Provisions shall take precedence and shall govern.
COMPLETION DATE PLUS WORKING DAYS
Revise Article 108.05 (b) of the Standard Specifications as follows:
"When a completion date plus working days is specified, the Contractor shall
complete all contract items and safely open all roadways to traffic by 11:59 PM on
November 22, 2019 except as specified herein.
The Contractor will be allowed to complete all clean-up work and punch list items
within 15 working days after the completion date for opening the roadway to
traffic. Under extenuating circumstances, the Engineer may direct that certain
items of work, not affecting the safe opening of the roadway to traffic, may be
completed within the working days allowed for cleanup work and punch list items.
MOBILIZATION
Mobilization shall be in accordance with Section 671 of the Standard Specifications.
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MAINTENANCE OF ROADWAYS
Beginning on the date that work begins on this project, the Contractor shall assume
responsibility for normal maintenance of all existing roadways within the limits of the
improvement. This normal maintenance shall include all repair work deemed necessary
by the Engineer but shall not include snow removal operations. Traffic control and
protection for maintenance of roadways will be provided by the Contractor as required
by the Engineer.
If items of work have not been provided in the contract, or otherwise specified for
payment, such items, including the accompanying traffic control and protection required
by the Engineer, will be paid for in accordance with Article 109.04 of the Standard
Specifications.
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TRAFFIC CONTROL PLAN
Traffic Control shall be according to the applicable sections of the Standard
Specifications, the Supplemental Specifications, the "Illinois Manual on Uniform Traffic
Control Devices for Streets and Highways", any special details and Highway Standards
contained in the plans, and the Special Provisions contained herein.
Special attention is called to Article 107.09 of the Standard Specifications and the
following Highway Standards, Details, Quality Standard for Work Zone Traffic Control
Devices, Recurring Special Provisions and Special Provisions contained herein, relating
to traffic control.
The Contractor shall contact Mount Prospect Public Works at least 72 hours in advance
of beginning work.
STANDARDS:
701006 701501 701801 701901
DETAILS:
None
SPECIAL PROVISIONS:
Maintenance of Roadways
Traffic Control and Protection (Special)
TRAFFIC CONTROL AND PROTECTION (SPECIAL)
Specific traffic control plan, details and Special Provisions have been prepared for this
contract. This work shall include all labor, materials, transportation, handling and
incidental work necessary to furnish, install, maintain and remove all traffic control
devices required as indicated in the plans and as approved by the Engineer.
Method of Measurement: All traffic control indicated on the traffic control plan details
and specified in the Special Provisions will be measured for payment on a lump sum
basis.
Basis of Payment: All traffic control and protection will be paid for at the contract lump
sum price for TRAFFIC CONTROL AND PROTECTION (SPECIAL).
34
BRIDGE DECK CONCRETE SEALER
Effective: June 17, 2010
Revised: July 1, 2012
Description: This work shall consist of the surface preparation and application of a concrete
sealer or protective coat upon the entire top surface of the deck and the tops and inside
vertical faces of the parapets of the structure(s), as outlined in the contract.
Materials: Materials shall be according to the following.
Item Article/Section
(a) Concrete Sealer...........................................................................................1026
(b) Protective Coat............................................................................................1023
Concrete sealers shall be penetrating sealers from the Department's approved list of concrete
sealers.
CONSTRUCTION REQUIREMENTS
General: Surfaces which are to be sealed shall be thoroughly cleaned by brooming and
blowing off with high pressure air. Mechanical scraping may also be required to assist in the
removal of mud and other foreign material. The use of chemicals and other cleaning
compounds to facilitate the removal of foreign materials shall be approved by the
manufacturer or its representative before use. Traffic shall not be allowed on the cleaned
surface prior to treatment. Cleaning and application equipment shall be fitted with suitable
traps, filters, drip pans, and other devices in order to prevent oil and other foreign material
from being deposited on the surface.
Deck drains shall be temporarily plugged before the bridge deck concrete sealer is applied to
control run off. The material used to plug the drains shall be removed and disposed of upon
the completion of the sealing treatment.
Existing pavement markings shall be temporarily covered prior to the application of the bridge
deck concrete sealer. The temporary covering material used shall be such that it will not
affect the marking's retro reflectivity when removed. After application of the bridge deck
concrete sealer and prior to opening to traffic, all temporary coverings shall be removed.
For new concrete, sealing shall be performed after all grinding and/or saw cut grooving is
completed and before the deck is marked and open to traffic.
The concrete surface moisture condition state shall be dry. Pavement moisture shall be
checked by the following procedure. Tape the edges of a square foot of plastic to the
pavement surface. Allow the plastic to stand for 15 minutes. After 15 minutes, observe the
plastic for drops of moisture. If moisture is present and the drop sizes are larger than a pencil
eraser, the pavement moisture is too high and bridge deck concrete sealer shall not be
applied. Do not apply when inclement weather is anticipated within 12 hours.
Bridge deck surfaces shall be flooded using a distribution sprayer, roller, brush or broom.
Distribution sprayers shall include a skirting system to control overspray. Material shall be
brushed or squeegeed for even distribution. When two applications are required, let the
35
surface absorb the sealer and follow-up immediately with a second application before the
surface dries; wet on wet method. Redistribute any puddles or free-standing material. The
bridge deck concrete sealer shall be applied according to the manufacturer's instructions, and
information provided on the approved list of concrete sealers. The final total coverage rate
shall not exceed 400 sq.ft./gal.
Traffic will be allowed on the deck only after a treated area does not track.
Method of Measurement: The quantity shall be the actual coverage area in Square Foot of
surfaces treated and shall include all surface preparation, material, and application costs.
Basis of Payment: Payment for completed work shall be made at the contract unit price per
Square Foot for BRIDGE DECK CONCRETE SEALER.
36
POLYMER MODIFIED PORTLAND CEMENT MORTAR
Effective: June 7, 1994
Revised: April 1, 2016
Description. This work shall consist of furnishing all materials and labor required to remove
and dispose of deteriorated concrete and replace it with a polymer modified portland cement
mortar at those locations shown on the plans or designated by the Engineer. The use of this
mortar is intended to repair spalls between 3/8 in. (10 mm) and 2 in. (50 mm) deep on
horizontal, vertical, and overhead surfaces.
Materials. Materials shall be according to the following.
Item Article/Section
(a) Polymer Modified Portland Cement Concrete (Note 1)
(b) Reinforcement Bars 1006.10
(c) Water 1002
(d) Cotton Mats 1022.02
(e) Protective Coat 1023
(f) Epoxy (Note2) 1025
(g) Mechanical Bar Splicers 508.08(c)
Note 1. Polymer modified portland cement mortar shall be a packaged product consisting of
portland cement, fine aggregate, and a polymer modifier.
(1) The portland cement shall be according to Article 1001.01
(2) The fine aggregate shall be an FA 1 or FA 2, according to Articles 1003.01 and 1003.02.
(3) The polymer modified portland cement mortar shall meet the following physical
requirements:
a. The mortar shall be a workable mix capable of bonding and holding its own plastic
weight, when mixed and placed according to manufacturer instructions, on vertical
and overhead surfaces. The testing shall be according to Illinois Laboratory Test
Procedure "Evaluation of Vertical and Overhead Adhesion for Polymer Modified
Portland Cement Mortar".
b. The mortar shall have a minimum compressive strength of 1,500 psi (10,300 kPa) at
24 hours, 3,000 psi (20,700 kPa) at 3 days, and 5,000 psi (34,500 kPa) at 28 days;
according to ASTM C 109.
c. The mortar shall have a minimum bond strength of 2,000 psi (13,800 kPa) at 28 days,
according to the Illinois Laboratory Test Procedure "Evaluation of Bond Strength by
Slant Shear".
37
d. The mortar shall have a water-soluble chloride ion content of less than 0.40 Ib/cu yd
(0.24 kg/cu m). The test shall be performed according to ASTM C 1218, and the
mortar shall have an age of 28 to 42 days at the time of test. The ASTM C 1218 test
shall be performed by an independent lab a minimum of once every two years, and
the test results shall be provided to the Department.
The Department will maintain an Approved List of Polymer Modified Portland Cement
Mortar.
Note 2. In addition, ASTM C 881, Type IV, Grade 2 or 3, Class A, B, or C may be used.
Equipment. Equipment shall be according to Article 503.03 and the following:
(a) Chipping Hammer — The chipping hammer for removing concrete shall be a light-duty
pneumatic or electric tool with a 15 Ib (7 kg) class or less.
(b) Blast Cleaning Equipment — Blast Cleaning equipment for concrete surface preparation
shall be the abrasive type, and the equipment shall have oil traps.
(c) Hydrodemolition Equipment — Hydrodemolition equipment for removing concrete shall be
calibrated and shall use water according to Section 1002.
Concrete Removal. The Contractor shall provide ladders or other appropriate equipment for
the Engineer to mark the removal areas. Repair configurations will be kept simple, and
squared corners will be preferred. The repair perimeter shall be sawed a depth of 3/8 in. (10
mm) or less, as required to avoid cutting the reinforcement. If the concrete is broken or
removed beyond the limits of the initial saw cut, the new repair perimeter shall be recut. The
areas to be repaired shall have all loose, unsound concrete removed completely by the use
of chipping hammers, hydrodemolition equipment, or other methods approved by the
Engineer. The concrete removal shall extend along the reinforcement bar until the
reinforcement is free of bond inhibiting corrosion. The outermost layer of reinforcement bar
within the repair area shall be undercut to a depth of 3/4 in. (19 mm) or the diameter of the
reinforcement bar, whichever value is larger. The underlying transverse reinforcement bar
shall also be undercut as previously described, unless the reinforcement is not corroded, and
the reinforcement bar is encased and well bonded to the surrounding concrete.
If sound concrete is encountered before existing reinforcement bars are exposed, further
removal of concrete shall not be performed unless the minimum repair depth is not met.
The repair depth shall be a minimum of 3/8 in. (10 mm) and a maximum of 2 in. (50 mm). The
substrate profile shall be ± 1/16 in. (± 1.5 mm). The perimeter of the repair area shall have a
vertical face.
If a repair is located at the ground line, any excavation required below the ground line to
complete the repair shall be included in this work.
The Contractor shall have a maximum of 14 calendar days to complete each repair location
with mortar, once concrete removal has started for the repair.
W
Surface Preparation. Prior to placing the mortar, the Contractor shall prepare the repair area
and exposed reinforcement by blast cleaning. The blast cleaning shall provide a surface that
is free of oil, dirt, and loose material.
The repair area and perimeter vertical face shall have a rough surface. Care shall be taken to
ensure the perimeter sawcut is roughened. Just prior to mortar placement, saturate the repair
area with water to a saturated surface -dry condition. Any standing water shall be removed.
Mortar placement shall be done within 3 calendar days of the surface preparation or the
repair area shall be prepared again.
Reinforcement. Exposed reinforcement bars shall be cleaned of concrete and corrosion by
blast cleaning. After cleaning, all exposed reinforcement shall be carefully evaluated to
determine if replacement or additional reinforcement bars are required.
Reinforcing bars that have been cut or have lost 25 percent or more of their original cross-
sectional area shall be supplemented by new in-kind reinforcement bars. New bars shall be
lapped a minimum of 32 bar diameters to existing bars. A mechanical bar splicer shall be
used when it is not feasible to provide the minimum bar lap. No welding of bars shall be
performed.
Intersecting reinforcement bars shall be tightly secured to each other using 0.006 in. (1.6
mm) or heavier gauge tie wire and shall be adequately supported to minimize movement
during mortar placement.
For reinforcement bar locations with less than 0.75 in. (19 mm) of cover, protective coat shall
be applied to the completed repair. The application of the protective coat shall be according
to Article 503.19.
Placement. Mix and place the polymer modified portland cement mortar according to the
manufacturer's instructions. The mortar shall be placed and finished to the contours of the
member, as originally constructed.
The mortar shall not be placed when the air temperature is below 45 IF (7 °C) and falling or
below 40 IF (4 °C). Mortar shall not be placed when the air temperature is greater than 90
OF (32 °C). The mortar shall have a minimum temperature of 50 OF (10 °C) and a maximum
temperature of 90 IF (32 °C). The mortar shall not be applied during periods of rain unless
protective covers or enclosures are installed. The mortar shall not be applied when frost is
present on the surface of the repair area, or the surface temperature of the repair area is less
than 40 OF (4 °C).
Curing. Cotton mats shall be applied, according to Article 1020.13(a)(5), to the exposed layer
of mortar within 10 minutes after finishing, and wet curing shall begin immediately. Curing
shall be for a minimum of 3 days.
If temperatures below 45°F (7°C) are forecast during the curing period, protection methods
shall be used. Protection Method I according to Article 1020.13(d)(1), or Protection Method II
according to Article 1020.13(d)(2) shall be used during the curing period.
Inspection of Completed Work. The Contractor shall provide ladders or other appropriate
39
equipment for the Engineer to inspect the repaired areas. After curing but no sooner than 28
days after placement of the mortar, the repair shall be examined for conformance with
original dimensions, cracks, and delaminations. Sounding for delaminations will be done with
a hammer or by other methods determined by the Engineer.
The repaired area shall be removed and replaced, as determined by the Engineer, for
nonconformance with original dimensions, surface cracks greater than 0.01 in. (0.25 mm) in
width, map cracking with a crack spacing in any direction of 18 in. (450 mm) or less, or
delaminations.
If the repair is allowed to remain in place, cracks 0.01 in. (0.25 mm) or less shall be repaired
with epoxy according to Section 590. For cracks less than 0.007 in. (2 mm), the epoxy may
be applied to the surface of the crack.
Method of Measurement. Polymer modified portland cement mortar shall be measured for
payment in place, and the area computed in square feet (square meters).
Basis of Payment. This work will be paid for at the contract unit price, per square foot (square
meter) for POLYMER MODIFIED PORTLAND CEMENT MORTAR.
The furnishing and installation of supplemental reinforcement bars, mechanical bar splicers,
and protective coat will be paid according to Article 109.04.
.e]
FIBER WRAP
Description
This work shall consist of furnishing and installing fiber -reinforced polymer (FRP) wraps
at the locations specified by the Resident Engineer after the Polymer Modified Portland
Cement Mortar Repairs. The FRP wraps shall be of the thickness, type, materials,
tension, and spacing shown within this specification. The Contractor shall submit
documentation/report of the FRP wrap system, showing materials, components, and
installation procedures to the Engineer for approval prior to ordering materials and
commencing work.
All other concrete repairs and/or modifications shall be completed prior to performing
this work. Concrete placed in areas receiving FRP wraps shall have a maximum
moisture content of 4% before wrapping begins. All manufacturer's recommendations
for surface preparation and installation of FRP wraps shall be followed.
Ri ihmittAq
The following submittals, but not limited to, shall be required of the FRP system
manufacturer, installation contractor and inspection agency. All submittals, except daily
installation data logs, shall be given to the Engineer for review allowing at least 60 days
for approval.
Submittals required of the FRP system manufacturer:
• Product information and data sheets indicating physical, mechanical and
chemical properties and limitations of the FRP system and all its components.
• Net fiber and gross laminate tensile properties of the FRP system, all test
techniques, methods and calculations used for determining properties.
• Durability test data and structural test reports of the FRP system for the
proposed application in the expected environmental conditions.
• Installation and maintenance instructions and general recommendations
regarding each material used in the FRP system. Note that surface
preparation requirements shall be included in the installation procedures.
• Material Safety Data Sheets of each product used and certification that all
materials abide by all local, state, and federal environmental and worker's
safety laws and regulations.
• Quality control procedures for tracking FRP materials and material
certifications.
• List of projects where similar FRP system has been implemented.
Submittals required of the FRP system installation Contractor.
• List of completed projects by the Contractor where similar FRP system has
been implemented. Include location, owner, engineer and contact numbers
associated with each project.
• Documentation showing that the Contractor is experienced in surface
preparation techniques required for the project.
• Quality control procedures, daily installation data logs, and any other
41
inspection forms used by the Contractor.
If an independent inspection agency is used, the following submittals are required of
the FRP system inspection agency:
• Qualifications and a list of each inspector used on the project.
• Sample inspection forms to be used during inspection.
• List of prior inspections performed by each inspector used on the project.
Material Requirements
The Contractor shall inspect and ensure all materials meet specifications, conform to
design plans and are undamaged upon job -site arrival. All products shall be delivered
to the job -site in their original, un -opened containers with the Manufacturer's name,
labels, product identification, and batch numbers. Ensure FRP system materials are
protected from chemicals, dirt, extreme, temperatures, moisture, and physical damage,
by storing, handling, and applying materials according to manufacturer and OSHA
recommendations.
FRP shall be high modulus, high strength fiber fabric of the type, size, layer, materials,
tension, spacing and location as specified on the design plans. FRP Reinforcement
shall meet the requirements as listed below.
Minimum FRP Cured Comoosite Prooerty Reauirements
Property
Glass Fiber
Tensile Strength
56 ksi
Tensile Modulus
3300 ksi
Elongation at break
1.7%
hickness per Layer
0.04 in.
isual Defects
None
Fabric saturant (saturating resin) and concrete primer shall be two -component, 100%
solids, tolerant to moisture, high strength and high modulus epoxy. Manufacturer's
recommendations for mixing shall be followed. Components of saturating resin may be
proportioned; however, provision shall be made for checking the accuracy of
proportions and mixing. Dilution of components will not be permitted. Mixtures shall be
used within its pot life.
Construction Reauirements
The Contractor shall maintain a Daily Installation Log. The log shall be available for
review by the Engineer, and a copy shall be furnished to the Engineer at completion of
installation and construction for each day's production. The Log shall provide material
traceability and process records for each wrap and shall include all the following
information:
(a) Date, time and specific location of installation.
(b) Construction and installation requirements, including plans and drawings and
references thereto.
(c) Surface preparation methods.
42
(d) Widths and lengths of cracks not injected with epoxy.
(e) Material information including product description, data of manufacturer,
product and fiber batch numbers, mixture ratios, mixing times, appearance
description of mixed resins (i.e. primers, putties, saturants, adhesives, and
protective coatings used for the day)
(f) Ambient temperatures, humidity, and general weather observations at the
beginning, middle and end of each wrap installation shift.
(g) Concrete surface temperature, concrete moisture content and surface
cleanliness.
(h) Heat sources used for increase surface temperature or curing.
(i) Number of FRP layers used, composite thickness measurements, curing
progress of resins including full documentation of curing temperature
ramping and final curing temperature and thickness measurements of
protecting coating used.
(j) Location and size of FRP debonding or air voids.
(k) Documentation stating installation procedures were followed.
(1) Other general work progress.
Surface Preparation:
FRP wraps shall be placed on sound concrete having a maximum moisture content of
4%. All bond inhibiting and foreign materials, including but not limited to dust, laitance,
paint, grease, curing compounds, impregnations and waxes, shall be removed from the
concrete surface by blast cleaning or equivalent mechanical means. All concrete
surfaces shall be air blasted and vacuumed clean to a dust -free condition.
All concrete surface irregularities less than one inch shall be ground smooth and/or
filled with an approved repair mortar. Surface irregularities greater than one inch and
removed deteriorated concrete shall be repaired using an approved cementitious repair
mortar. See special provision for Polymer Modified Portland Cement Mortar. All sharp
edges shall be ground smooth and flush. All repairs shall be completed in such a
manner as to not damage the existing structure.
When wrapping FRP around exterior corners of rectangular cross sections, the corners
should be rounded to a minimum of '/2" radius. Interior corners shall be smoothed by
troweling epoxy mortar into the corners.
All cracks greater than 0.007 in. shall be injected with epoxy according to Section 590
of the Standard Specifications for Road and Bridge Construction and paid for as Epoxy
Crack Injection.
Constituent Material Application:
All materials shall be applied according to conditions (i.e. surface temperature of the
concrete, air temperature, relative humidity, and corresponding dew point)
recommended by the FRP manufacturer.
43
Components of saturating resin may be proportioned and mixed by hand or by
automatic equipment. Provision shall be made for checking the accuracy of proportions
and mixing. Diluting is not permitted.
Unless otherwise recommended by the manufacturer, the saturating resin shall be
applied to a properly prepared substrate as a surface primer. The primer should be
applied uniformly on the prepared surface to all areas of concrete receiving the FRP
wrap according to the manufacturer's specifications. Primed surfaces shall be protected
from all contaminants (e.g. dust, moisture, etc.) prior to the application of the FRP
wraps.
The resin -to -fabric ratio shall be verified and documented on the daily installation data
log. Saturating resin shall be applied uniformly to prepared surfaces. FRP-ply
orientation shall not deviate from the orientation recommended by the manufacturer.
Fiber wraps shall be handled in a manner to maintain fiber straightness and prevent
fiber damage. Any kinks, folds, or severe waviness should be reported to the Engineer.
If multiple fabric layers are being placed, successive layers shall be placed before the
complete curing of the previous layer to ensure complete bonding between layers.
Entrapped air beneath each layer of fabric shall be rolled out before the saturating
resin sets.
Subject to approval by the Engineer, the Contractor may provide suitable enclosures to
permit application and curing of the fiber wrap during inclement weather. Provisions
shall be made to control atmospheric conditions artificially within the enclosures within
the limits specified for application and curing of the fiber wrap.
The FRP system shall be protected from rain, sand, dust, and other foreign particles
during curing as per the Engineer and manufacturer's recommendations.
The Contractor shall inspect the cured FRP system to ensure saturating resin has
completely cured. The Contractor must check for defects such as voids, delaminations,
external cracks, chips, cuts, loose fibers, external abrasions, blemishes, foreign
inclusions, depressible raised areas, or fabric wrinkles. All defects with a dimension
greater than 1'/2 inch, or an area greater than one square inch, or defects with any
dimension greater than 1 inch within one foot from another defect area of similar size,
shall be repaired or replaced as determined by the Engineer. Repairs shall be made
according to manufacturer's recommendations and as specified by the Engineer. For
large defected areas, additional layers of FRP may be required as per the Engineer.
Method of Measurement
FRP wraps will be computed for payment in place in square feet based on the surface
area measurements of the substrate to be repaired. The measured quantity will not be
modified for multiple layers of FRP needed as shown in the design plans.
Basis of Payment
This work will be paid for at the contract unit price per square foot for FIBER WRAP.
Payment shall constitute full compensation for all materials, labor, tools, equipment,
and incidentals necessary to complete the work.
Full compensation for any additional materials, enclosures, or work required because
of the use of a particular type of fiber wrap, shall be considered as included in the item
FIBER WRAP.
45
Bid Form Page 1
BID FORM
Bridge Repair George Street
Over Weller Creek
Village of Mount Prospect
Department of Public Works
FROM:
(hereinafter called "Bidder")
TO: Office of the Village Manager, 3rd Floor
50 South Emerson Street
Mount Prospect, Illinois 60056
(hereinafter called "Village" or "Village of Mount Prospect")
Bid For: "Bridge Repair George Street Over Weller Creek"
The bidders have familiarized themselves with the work and probable work conditions
required under this Bid affecting the cost of the work 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 — Bridge Repair George Street over Weller Creek
Contract Document
Labor and Materials Payment bond form
Performance Bond Form
Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel,
labor, materials, tools appurtenances, equipment, and services (including all utility and
transportation services) required to construct and complete the Work, all in accordance
with the above listed documents.
Bidder agrees to perform all of the Work and provide the equipment and materials
described in the Bid Documents, as follows:
46
Bid Form Page 2
Bidder has bid on all items and has provided a price for all items.
The Bidder will complete and provide all labor, equipment, materials and mobilization (if
applicable) to perform the Work as incidental to the fixed item price for each item
proposed.
In submitting this bid, the Bidder understands that the Village of Mount Prospect
reserves the right to add to or subtract from the estimated quantities.
The Village of Mount Prospect intends to award one (1) contract (if at all) for the items
bid. If written notice of award of this bid is mailed, emailed or otherwise delivered to the
Bidder at any time before this bid is withdrawn, the Bidder agrees to execute and deliver
the contract in the prescribed form and furnish payment and performance bonds, or
letter of credit, and the insurance certificates required by the Bid Documents to the
Village within ten (10) 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 Work 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 state and federal 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
No.
Addendum
Date
Acknowledgement by Bidder or
Authorized Representative
Date
Acknowledged
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.
47
Bid Form Page 3
Upon award 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) days. The Village will
then issue a written Notice to Proceed, which starts the performance period and the
contractor then has ten (10) days to commence work. The contractor shall reach
substantial completion by November 22, 2019 after the Notice to Proceed with final
completion fifteen (15) days thereafter. 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):
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
3) BID SHEET(S)
Respectfully submitted:
Name of Firm/Bidder:
By: _
Title:
Date:
Contact Information:
Official Address:
Telephone:
Email:
(Signature)
ONE (1) SIGNED COPY OF THIS BID FORM AND BID SHEET (Page 68-69) ALONG WITH THE
AFFIDAVIT — BID CERTIFCATION FORM, AND BID SECURITY SHALL BE SUBMITTED IN A
SEALED MARKED ENVELOPE.
48
VILLAGE OF MOUNT PROSPECT
AFFIDAVIT — BID CERTIFICATION FORM
Bidder:
Company/Firm Name:
Address:
As a condition of entering into a contract with the Village of Mount Prospect, and under
oath and penalty of perjury and possible termination of contract rights and debarment,
the undersigned, , being first duly sworn on oath,
deposes and states that he or she is
(sole owner, partner, joint ventured, President, Secretary, etc.) of
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.
Section II Bid Rigging and Rotating
The undersigned further states that
(Name of Company)
is not barred from bidding or contracting as a result of a conviction for violations of state
laws prohibiting bid rigging or bid rotating or any similar offense of any state of the
United States, as provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code,
720 ILCS 5/33E-3, 33E-4.
Section III Drug Free Workplace
The undersigned further states that
(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 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.
WO
Page 2 - AFFIDAVIT — BID CERTIFICATION FORM
Section IV Tax Payment
The undersigned further states that is
(Name of Company)
not delinquent in payment of any taxes to the Illinois Department of Revenue, in
accordance with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned
understands that making a false statement regarding delinquency in taxes is a Class A
Misdemeanor and, in addition voids the contract and allows the municipality to recover
all amounts paid to the individual or entity under the contract in civil action.
Section V
Sexual Harassment Policy
Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A), every party to a
public contract must:
"Have written sexual harassment policies that shall include, at a mini -mum, 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 has
(Name of Company)
a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105 (A)
(4).
It is expressly understood the foregoing statements and representations and promises
are made as a condition to the right of the bidder to receive payment under any award
made under the terms and provisions of this bid.
The undersigned certifies that all information contained in this Affidavit is true and
correct.
Signed by:
Signature
Name Printed:
Title:
Signed and sworn to before me this day of , 20_.
My commission expires:
Notary Public
50
BID SECURITY
Included with this bid is a bank cashier's check, certified check or bid bond in the amount of
being ten percent (10%) of the total amount bid by
the Bidder, in favor of the Village of Mount Prospect. It is hereby
agreed that, should Bidder be awarded the Work contemplated under this bid and fail or refuse
to execute a contract for said Work, 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 DAY OF , 2019.
SEAL (if corporation)
Bidder:
Bidder's Agent and Agent's Title
Title
Note: If bidder is a partnership, the bid must be signed by at least two of the partners.
Note: If bidder is a corporation, the bid must be signed by an authorized officer of the
corporation, attested and sealed by the secretary or other authorized officer.
If a corporation, note here the state of incorporation:
Incorporated under the laws of the State of
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BID SHEET
"Bridge Repair George Street Over Weller Creek"
(TO BE FILLED OUT BY THE CONTRACTOR/BIDDER)
The Bidder will complete pricing for all items to provide all labor, equipment, materials and
mobilization (if applicable) to perform this work. The fixed item price given is to be all inclusive.
NOM
DESCRIPTION
UNIT
QUANTITY
NIT PITERICE
TOTAL
1
EPDXY CRACK INJECTION
FOOT
5
2
POLYMER MODIFIED PORTLAND
SQ FT
70
CEMENT MORTAR
3
FIBER WRAP
SQ FT
25
4
BRIDGE DECK CONCRETE SEALER
SQ FT
1,901
5
TRAFFIC CONTROL AND PROTECTION
L SUM
1
(SPECIAL)
6
MOBILIZATION
L SUM
1
TOTAL FOR ALL ITEMS
SUMMARY OF PRICES:
CONTRACT PRICE (the sum of extensions of the Schedule of Prices — TOTAL BID):
(In writing)
(In figure)
Dollars and
Dollars and
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(In writing)
(In figure)
Cents
Cents
CONTRACT
THIS Contract (hereinafter the "Contract") is entered into on this _ day of , 2019, by and
between the VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation (hereinafter
the "Village"), and , an (hereinafter the `Contractor")
(Village and Contractor sometimes referred to individually as "Party" and collectively as
"Parties"),
WHEREAS, the Village has solicited competitive bids for its "Bridge Repair George
Street Over Weller Creek"; and
WHEREAS, the Contractor submitted a bid to perform the work associated with the
Bridge Repair George Street Over Weller Creek (hereinafter the "Bid"); and
WHEREAS, upon its review of the submitted bids, the Village has awarded the contract
to perform the work associated with the Bridge Repair George Street Over Weller Creek to
the Contractor, subject to the execution of this Contract;
NOW, THEREFORE, for and in consideration of their mutual promises, covenants,
undertakings and agreements, the parties agree as follows:
ARTICLE I — CONTRACT DOCUMENTS
This Contract is subject to the terms and conditions set forth in the Contract Documents, which
are incorporated herein as if fully set forth, and include the following Bid Documents with
Bidder's/Contractor's Bid Submittals prioritized to be included in number 6*:
1. Notice to Bidders
2. Table of Contents
3. Instructions to Bidders
4. General Conditions and Special Provisions
5. Specifications
6. Bid Submittals, including Bid Form, Affidavit — Bid Certification Form, Bid Security,
Bid Sheet
(*Bidder's/Contractor's completed Bid Submittals)
7. Other materials or standards provided or noted by the Village
8. Contract
9. Applicable performance and labor and materials payment bonds, or letter of credit.
(Collectively the "Contact Documents")
ARTICLE II — PERFORMANCE BY CONTRACTOR
1. The Contractor agrees to perform the work, including all labor, materials, equipment and
services, in accordance with the terms and conditions set forth in the Contract
Documents (hereinafter the "Work").
2. The Contractor acknowledges that the Village reserves the right to add to or subtract
from the estimated quantities.
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3. The Contractor certifies that it will comply with all state and federal laws and regulations,
and county and municipal ordinances, as set forth in the General Conditions.
ARTICLE III — PERFORMANCE BY VILLAGE
The Village agrees to pay the Contractor for its performance of the Work in the manner and
amount provided in the Contract Documents.
ARTICLE IV - CONFLICT BETWEEN CONTRACT DOCUMENTS
In the event of a conflict between any Contract Document and the terms of this Contract, the
Contract shall control to the extent of the conflict. In the event of any other conflict between
Contract Documents, the preceding Document shall govern to the extent of the conflict based
upon the order of priority set forth in Article I of this Contract, unless otherwise specifically
stated.
ARTICLE V — COMMENCEMENT AND COMPLETION OF WORK
After the written Notice to Proceed is issued by the Village, which will start the performance
period, the Contractor then has 10 days to commence work. The Contractor shall achieve
substantial performance by November 22, 2019 after the Notice to Proceed has been issued
with final performance fifteen (15) days thereafter.
The Contractor shall commence performance of the Work and complete performance of the
Work, in accordance with the schedule set forth in the Contract Documents, but in no event
shall any Work be performed prior to the Village's receipt of this Contract, executed by
Contractor, and the Village's acceptance and approval of the payment and performance bonds,
or letter of credit, and certificate of insurance required by the Contract Documents.
ARTICLE V — NOTICE
Unless otherwise provided, all notices required under this Contract shall be made in writing and
addressed or delivered as follows:
TO THE VILLAGE OF MOUNT PROSPECT -
The Village of Mount Prospect
1700 West Central Road
Mount Prospect, Illinois 60056
ATTN: Director of Public Works
TO CONTRACTOR- at the address set forth on the Bid Form, or:
Notices shall be deemed effective when received by personal service or registered or certified
U.S. mail, postage prepaid and receipt requested, to the address so specified. Either Party may,
by written notice to the other, change its own mailing address.
ARTICLE VI — PRIOR AGREEMENTS; SUCCESSORS
This Contract supersedes all previous agreements, understandings and representations of any
nature whatsoever, whether oral or written, and constitutes the entire understanding between
the Parties. The terms of this Contract shall be binding upon and inure to the benefit of the
parties and the partners and officials, successors in interest, executors, administrators, assigns
and representatives and their respective successors and assigns, provided, however, that the
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Contractor shall not assign, sublet or transfer any rights or interest in this Agreement in whole or
in part without the prior written approval of the Village, except to the extent that the Contract
Documents provide otherwise.
ARTICLE VII - DEFAULT BY CONTRACTOR
If the Contractor fails to begin the Work under the Contract within the time specified, or fails to
perform the Work in accordance with the terms of the approved schedule or performs the Work
in a manner unacceptable to the Village, or neglects or refuses to remove materials or perform
anew such Work as has been rejected by the Village, or if the Contractor shall become insolvent
or be declared bankrupt, or shall make an assignment for the benefit of creditors, or from any
other cause whatsoever shall fail to carry on the Work in a manner required by the Contract, the
Village shall give notice as hereinafter provided to the Contractor and its surety in writing
specifying such failure, delay, neglect, refusal or default, and if the Contractor, within a period of
ten (10) calendar days after the giving of such notice, shall not proceed in accordance therewith,
then the Village shall have full power and authority to declare the this Contract and the
Contractor in default, and to forfeit the rights of the Contractor in this Contract.
Upon declaration of Contractor's default, the Village may, at its option, call upon the surety to
complete the Work in accordance with the terms of this Contract or may take over the Work,
including any materials on the Work site as may be suitable and acceptable to the Village and
may complete the Work by its own forces or on its own account, or may enter into a new
contract or contracts for the completion of the Work, or may use such other methods as shall be
required for the completion of the Work in an acceptable manner as the Village may in its
discretion determine.
All costs and charges incurred by the Village, together with the cost of completing the Work
shall be deducted from any moneys due or which may become due on this to the Contractor
under this Contract. Following any payment due and received by the Village from the
Contractor's surety following default, if the expense so incurred by the Village is less than the
sum paid to the Village by the surety under this Contract for work remaining, the surety shall be
entitled to receive the excess difference paid to the Village. When such Contractor default costs
incurred by the Village exceeds the sum paid to the Village for the work remaining under the
Contract the Contractor and the surety shall be liable and shall pay to the Village the full cost of
such additional expenses.
ARTICLE VIII - DEFAULT BY VILLAGE
In the event of a material default by the Village under this Contract, the Village shall have sixty
(60) days, from notice thereof by Contractor, to cure the default prior to Contractor's termination
of this Contract. The failure to pay a contested invoice shall not be considered a material
default. Upon termination, the Village shall be responsible to pay any uncontested payments
due for work performed.
ARTICLE IX — VENUE
The parties hereto agree that for purposes of any lawsuit(s) between them concerning this
Agreement, its enforcement, or the subject matter thereof, venue shall be in Cook County,
Illinois, and the laws of the State of Illinois shall govern the cause of action.
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ARTICLE X - SEVERABILITY OF CONTRACT
If any term of this Contract is held by a court of competent jurisdiction to be void or
unenforceable, the remainder of the Contract terms will remain in full force and effect and will
not be affected.
ARTICLE XI - CUMULATIVE REMEDIES
The exercise or failure to exercise any legal rights and remedies associated with any act of
default or breach hereunder by either Party will not constitute a waiver or forfeiture of any other
rights and remedies, and will be without prejudice to the enforcement of any other right or
remedy available by law or authorized by this Contract.
ARTICLE XII - COMPLIANCE WITH LAWS
Each party to this Contract will comply with all applicable state and federal laws and regulations,
and county and municipal ordinances and regulations.
ARTICLE XIII - DISPUTE RESOLUTION
Should a dispute arise between the Village and the Contractor as to the terms and conditions of
the Contract, or the responsibilities, limitations, or working relations of either Party, the
designated project personnel will make every reasonable effort to resolve the difference in
accordance with the terms and conditions of the Contract. If a dispute continues despite these
efforts, it shall be referred to the Parties' Project Managers.
If the above action fails to resolve the dispute, the Parties may, by agreement, elect to resolve
the dispute through a mediation process. Each Party shall bear its own costs in preparing and
conducting mediation, except that the costs, if any, of the actual mediation proceeding shall be
shared equally by the Parties. The mediation process is defined as follows:
The Parties shall select a mutually agreeable mediator from American Arbitration Association
lists or any other agreeable list to aid the Parties in resolving the dispute. The mediator shall
not be an employee or former employee of either Party. The first meeting shall be held at a
location chosen by the Village. At the meetings, each Party may present materials and/or
arguments to the mediator. The mediator's decision shall be not be binding upon either Party.
In the event that the foregoing steps fail to resolve the dispute, either Party may bring suit in the
Circuit Court of Cook County, Illinois.
ARTICLE XIV - ASSIGNMENT
No rights or interest in this Contract may be assigned by Contractor without prior written notice
being provided by Contractor to the Village and the Village's written approval. The Village shall
not unreasonably withhold its approval of such assignment. In the event of an assignment, the
Contractor shall not be relieved of its obligations under the Contract unless agreed to by the
Village, at its sole discretion.
ARTICLE XV - RECRUITING
The Parties shall not, without the consent of the other Party, entice, encourage, offer special
inducements, or otherwise recruit employees of the other Party during the period of this
Contract and for a period of one (1) year thereafter. This clause is not intended to restrict any
individual's right of employment but rather is intended to preserve the relationship intended
under this Contract and to prevent the Parties from actively recruiting the employees of the
other Party.
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ARTICLE XVII - COUNTERPARTS
This Contract may be executed in counterparts, each of which shall be an original and all of
which together shall constitute one and the same agreement.
ARTICLE XVIII - ENFORCEABILITY
If any provision of this Contract is found to be invalid, illegal
shall be severable from the rest of this Contract and the validity,
remaining provisions will in no way be affected or impaired.
ARTICLE XIX - EFFECTIVE DATE
or unenforceable, that provision
legality and enforceability of the
The effective date of this Contract shall be the date of the last signature executing the Contract
(hereinafter referred to as the "Effective Date").
ARTICLE XX - ADVERTISEMENT
Contractor shall not use, in its advertising, marketing programs, or other promotional efforts, any
data, pictures, or other representation of the Village, except with the specific written
authorization in advance by the Village.
ARTICLE XXI - CAPTIONS, HEADINGS
The paragraph headings which appear herein are included solely for convenience and shall not
be used in the interpretation of this Contract.
ARTICLE XXII — ENTIRE AGREEMENT
This Contract, consisting of the Contract Documents, constitutes the entire agreement between
the Parties for the subject matter hereof and supersedes all prior arrangements, agreements,
representations and undertakings, written or oral. This Contract may not be changed or modified
except by a written instrument duly executed by each of the Parties hereto.
IN WITNESS WHEREOF, the Parties hereto have executed this Contract.
Contractor: VILLAGE OF MOUNT PROSPECT
By:
Title:
Date:
ATTEST:
By:
Title:
Date:
ATTEST:
Title: Title:
Date: Date:
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VILLAGE OF MOUNT PROSPECT
LABOR AND MATERIAL PAYMENT BOND
Bond No.:
Principal Amount:
Contract:
KNOWN ALL MEN BY THESE PRESENTS, that the Village of Mount Prospect, an
Illinois municipal corporation (hereinafter "Village"), has awarded to
as
Principal (hereinafter "Contractor"), a written agreement with the Village dated
(hereinafter "Contract"), for
in accordance with the
drawings and specifications prepared by: (Village of Mount
Prospect or architect/engineer), which Contract is incorporated herein and made a part hereof;
and
WHEREAS, the Contractor is required to furnish a bond in connection with the Contract
to secure the payment of claims of laborers, workmen, mechanics, material suppliers, and other
persons as provided by law;
NOW, THEREFORE, we, the undersigned Contractor and
with main office at
as Surety, are held and firmly bound unto the
Village in the penal sum of Dollars ($ ),
lawful money of the United States, for which payment well and truly to be made we bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,
firmly by these present.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor
shall fully, promptly pay for all laborers, workmen and mechanics engaged in the work under the
Contract, and not less than the general prevailing rate of hourly wages as required by the
Contract and the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., and for all material used
or reasonably required for use in the performance of the Contract, and all duly authorized
modifications, alterations, changes or additions to said Contract as may hereafter be made, then
this obligation shall be null and void; otherwise it shall remain in full force and effect, subject to
the following conditions:.
1. A "Claimant" is defined as any person, firm or corporation having contracts
with Contractor or with a subcontractor of Contractor to furnish labor,
materials, or both, for use in the performance of the Contract. "Labor and
materials" are construed to include that part of water, gas, power, light, heat,
oil, gasoline, telephone service, rental of equipment, and any other items for
which a mechanic's lien may be asserted.
2. Any person having a claim for labor and materials furnished in the
performance of the Contract shall have no right of action unless he shall have
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filed a verified notice of such claim with the Village Clerk within 180 days after
the date of the last items of work or the furnishing of the last item of materials,
and filed a copy of that verified notice upon the Contractor within 10 days
after the filing of the notice with the Village Clerk. Filing must be by personal
service or United States Mail, postage prepaid, certified or restricted delivery,
return receipt requested, limited to addressee. The notice shall contain 1) the
name and address of the claimant; 2) the business address of the claimant
within the State of Illinois, if any, or if the claimant be a foreign corporation
having no place of business within the State, the principal place of business
of the corporation, and in the case of partnership, the names and residences
of each of the partners; 3) the name of the Contractor for the Village; 3) the
name of the person, firm or corporation by whom the claimant was employed
or to whom such claimant furnished materials; 4) a brief description of the
public improvement for the construction or installation of which the Contract is
to be performed; and 5) a description of Claimant's contract as it pertains to
the public improvement describing the work done by the claimant and stating
the total amount due and unpaid as of the date of the verified notice. No
defect in the notice herein provided for shall deprive the claimant of its right of
action under the terms and provision of this Bond unless it shall affirmatively
appear that such defect has prejudiced the rights of an interested party
asserting the same.
3. No action shall be brought on this Bond later than one year after the date of
the last item of work or of the furnishing of the last item of materials. Such suit
shall be brought only in the circuit court of the State in the judicial district in
which the Contract is to be performed.
4. The Village shall not be liable for the payment of any costs or expenses of
any such lawsuit, and the Village does not have any obligations to any
Claimants who make claims on this Bond. Surety will pay for all such claims,
and for all costs and expenses of any such lawsuit, up to a maximum of the
amount of this Bond.
Surety hereby expressly agrees that no extension of time, change, modification,
alteration, deletion, or addition to the undertakings, covenants, terms, conditions, and
agreements of the Contract, or to the work to be performed thereunder, shall in any way
affect the obligation of this Bond; and it does hereby waive notice of any such extension
of time, change, modification, alteration, deletion, or addition to the undertakings,
covenants, terms, conditions, and agreements of the Contract, or to the work to be
performed thereunder.
Surety's obligations hereunder are independent of the obligations of any other
surety for the payment of claims of laborers, workmen, mechanics, material suppliers,
and other persons in connection with the Contract; and suit may be brought against
Surety and such other sureties, jointly and severally, or against any one or more of
them, or against less than all of them without impairing the Village's rights against the
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others. Any payment by the Surety made in good faith pursuant to this Bond shall
reduce the principal amount of this Bond.
Signed and sealed this day of 201_
Contractor
By:
Signature
Title
ATTEST:
Corporate Secretary (corporations only)
STATE OF _
COUNTY OF
I,
certify that
Surety
By: _
Title
Officer Of The Surety
Address:
NOTARY
a Notary Public in and for said county, do hereby
(Insert Name of Attorney -In -Fact for Surety)
who is personally known to me to be the same person whose name is subscribed to the
foregoing instrument on behalf of Surety, appeared before me this day in person and
acknowledge respectively that he/she signed, sealed, and delivered said instrument as his/her
free and voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of 201
Notary Signature: My Commission expires:
(Attach Surety's Power of Attorney)
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VILLAGE OF MOUNT PROSPECT
PERFORMANCE BOND
Bond No. :
Principal Amount:
Contract:
KNOWN ALL MEN BY THESE PRESENTS, that Contractor
as
Principal (hereinafter "Contractor"), and with main
office at , a
corporation of the state of as Surety (hereinafter "Surety"), are held and
firmly bound unto the Village of Mount Prospect, an Illinois municipal corporation (hereinafter
"Village"), in the penal sum of Dollars
($ ), lawful money of the United States, for the payment of which, we bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, Contractor has entered into a written agreement with the Village dated
(hereinafter "Contract"), for the construction of
in accordance with the drawings and specifications prepared by:
(Village of Mount Prospect or architect/engineer), which Contract is incorporated herein and
made a part hereof.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor
shall fully, promptly and completely discharge the Contract and all duly authorized modifications,
alterations, changes, or additions to said Contract as may hereafter be made, and during the life
of any guaranty required under the Contract, and, if Contractor shall fully secure and protect the
Village from all liability and from all loss or expense of any kind, including all court costs and
attorneys' fees made necessary or arising from the failure, refusal or neglect of Contractor to
comply with all obligations assumed by Contractor in connection with the performance of the
Contract and all such modifications, alterations, changes, or additions, then this obligation shall
be null and void; otherwise it shall remain in full force and effect.
Upon receipt of written notice from the Village that the Contractor is in default, and
performance by the Village of its obligations under the Contract, Surety will promptly (1) remedy
the default; (2) arrange for the performance of Contractor's obligations under the Contract
through the use of qualified contractors acceptable to the Village; or (3) notify the Village that it
may hire a contractor to complete Contractor's obligations under the Contract. Surety will
promptly notify, in writing, the Village of which option it is exercising. Failure of the Surety to
elect an option within fifteen (15) days of receipt of the notice from the Village shall constitute
authorization to the Village to complete the improvements at Surety's expense.
The balance of the contract price shall be credited against the cost of completing and/or
correcting the Contractor's performance under the Contract. If the cost exceeds the balance of
the contract price, the Surety shall pay the excess amount to the Village, up to a maximum of
the principal amount of this Bond. If the Surety arranges for completion and/or correction or
remedies the default, the balance of the contract price that is required to complete, correct or
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remedy the default shall be paid by the Village to Surety. Surety will be responsible, up to the
maximum of the principal amount of this Bond, for payment for correction and completion of the
Contract, any additional legal, design professional or delay costs arising from Contractor's
default and/or resulting from action or inaction on the part of the Surety and liquidated damages,
or, if no liquidated damages are provided for in the Contract, actual damages caused by
delayed performance or non-performance by the Contractor or Surety. The Village shall not be
required to pay Surety more than the balance of the contract price.
The term "balance of the contract price" means the total amount payable by the Village
to the Contractor under the contract, and any amendments thereto, less the amounts paid to the
Contractor by the Village.
Any suit under this Bond must be filed before the expiration of two years from the date
on which final payment under the Contract is due or the applicable statute of limitations,
whichever is longer. No right of action shall accrue on this Bond to or for the use of any person
or corporation other than the Village or its heirs, executors, administrators or successors. Any
proceeding, legal or equitable, under this Bond may be instituted in a court of competent
jurisdiction in the location in which the work is located. Notice to any of the parties shall be
mailed to the appropriate address listed above.
Surety hereby waives notice of any modifications, alterations, changes, additions or
extension of time in the Contract.
Signed and sealed this day of , 201_
Contractor Surety
By:
Signature
Title
ATTEST:
0
Officer Of The Surety
Title
Address:
Corporate Secretary (corporations only)
NOTARY
STATE OF
COUNTY OF
I, , a Notary Public in and for said county, do hereby
certify that
(Insert Name of Attorney -In -Fact for Surety)
who is personally known to me to be the same person whose name is subscribed to the
foregoing instrument on behalf of Surety, appeared before me this day in person and
acknowledge respectively that he/she signed, sealed, and delivered said instrument as his/her
free and voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of , 201
Notary Signature: My Commission expires:
(Attach Surety's Power of Attorney)
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