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HomeMy WebLinkAbout03/21/2017 Community Block Grant Sideway Improvements5/11/2017 BoardDocs® Pro IN Agenda Item Details Meeting Mar 21, 2017 - REGULAR MEETING OF THE VILLAGE BOARD - 7:00 p.m. Category 8. VILLAGE MANAGER'S REPORT Subject 8.4 Motion to accept bid for Community Development Block Grant sidewalk improvements in an Globe Construction, Inc. amount not to exceed $205,000. Access Public Type Action Preferred Date Mar 21, 2017 Absolute Date Mar 21, 2017 Fiscal Impact Yes Dollar Amount 205,000.00 Budgeted Yes Budget Source Community Development Block Grant Recommended Accept the lowest cost responsive bid for the 2017 Community Development Block Grant sidewalk Action improvements in an amount not to exceed $205,000. Public Content Information This year's Community Development Block Grant (CDBG) Sidewalk Program involves the replacement of existing sidewalk that does not comply with the standards for the Americans with Disability Act (ADA) at eligible locations in the Village. The CDBG program is a wholly federally funded urban neighborhood improvement program administered by the United States Department of House and Urban Development (HUD). It avails federal money for specific improvements in geographic areas that satisfy HUD community needs criteria. The attached map depicts areas within the Village where public improvements can be funded using CDBG funds. Staff has identified the following locations for this year's program: Dempster Street, from Elmhurst Road to Algonquin Road, Algonquin Road, from Elmhurst Road to Briarwood Drive, Busse Road, south of Algonquin Road, and various streets south of Golf Road and west of Elmhurst Road. A Notice to Bidders was posted on the Demandstar by Onvia website and it was published in a local newspaper. The bid opening for the 2017 CDBG Sidewalk Program was held on March 13, 2017 at 1:00 PM. Six (6) contractors submitted bids for this project. Five (5) of the bids were opened and read aloud at the bid opening. The sixth (6th) bid was opened on March 14, 2017 following it's discovery. Staff and FedEx delivery records indicate that the bid was received prior to the bid opening but unintentionally misplaced. The Village Attorney has reviewed this matter and determined that the sixth bidder, Schroeder & Schroeder, properly submitted a responsive bid that should be considered. All bidders were advised of this anomaly. The bids ranged from a low of $183,875 by Schroeder and Schroeder, Inc. to a high of $392,350 by Alliance Contractors, Inc. Below is a summary of the bids: Bidders Total Bid Schroeder and Schroeder, Inc. $183,875.00 Mondi Construction, Inc. $188,875.00 Globe Construction, Inc. $202,220.00 D'Land Construction, L.L.C. $251,175.00 hftps://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login 1/2 5/11/2017 BoardDocs® Pro Norvilla, L.L.C. $271,669.00 Alliance Contractors, Inc. $392,350.00 Engineer's Estimate $200,375.00 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. No errors were found. All bidders correctly signed their bids and bid bonds. Copies of the bid specifications and the detailed bid tabulations are attached. The bid prices this year represent a 1.0% increase in cost compared to the 2016 bid mostly due to concrete costs. The low bidder, Schroeder and Schroeder, Inc. is qualified to complete the work involved with this project and meets the requirements of the contract documents. Schroeder and Schroeder, Inc. has worked on previous Village sidewalk projects, including the 2016 New Sidewalk Program, 2016 Shared Cost Sidewalk Program, and 2015 CDBG Sidewalk Programs, and their work was completed to the satisfaction of the Village. Schroeder & Schroeder's bid form is attached. The Village received a 2017 CDBG grant in the amount of $205,000 for sidewalk improvements. Unspent grant funds cannot be utilized in other geographic areas or for other purposes. Consequently, it is staff's recommendation that the proposed contract quantities be increased to facilitate the expenditure of the entire grant amount ($205,000) at the low bidder's unit prices. Alternatives 1. Accept lowest cost responsive bid for the 2017 CDBG Sidewalk Improvements project. 2. Action at discretion of Village Board. Staff Recommendation Staff recommends that the low bidder, Schroeder and Schroeder, Inc., of Skokie, IL, be awarded the contract for the 2017 CDBG Sidewalk Program in the amount not to exceed $205,000. 2017 CDBG Sidewalk Program Specifications. pdf (4,391 KB) bid tab.pdf (35 KB) Map 2.pdf (3,897 KB) Schroeder & Schroeder Bid Form.pdf (396 KB) Administrative Content Executive Content Motion & Voting Accept the lowest cost responsive bid for the 2017 Community Development Block Grant sidewalk improvements in an amount not to exceed $205,000. VBA 25-17 Motion by Paul Hoefert, second by Richard Rogers. Final Resolution: Motion Carries Yea: Paul Hoefert, John Matuszak, Steve Polit, Richard Rogers, Colleen Saccotelli, Michael Zadel hftps://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login 2/2 Mount Prospect Bid Request For 2017 CDBG SIDEWALK PROGRAM BID OPENING: March 13, 2017 — 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 2017 CDBG Sidewalk Program Sealed bids will be received until 1:00 p.m. on March 13, 2017 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 2017 CDBG Sidewalk Program". The project consists of removing and replacing existing sidewalks at various locations, including along IDOT and Cook County streets in Mount Prospect. All work under this Bid and the resulting contract shall comply with the Davis - Bacon Act under the U.S. Department of Labor and the Prevailing Wages as determined by the U.S. Department of Labor and the other applicable laws and ordinances. Plans and specifications may be obtained at the Village of Mount Prospect's Onvia DemandStar website by using the following link: www.mountprospect.org/bids. 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 Michael J. Cassady 2 2017 CDBG SIDEWALK PROGRAM Table of Contents Notice to Bidders Table of Contents Instructions to Bidders General Conditions Specifications CCDD Information Bid Form Affidavit — Bid Certification Form Bid Security Bid Sheet Contract Labor and Material Payment Bond Performance Bond CDBG Provisions • Federal Labor Standards Provisions • Employee Rights under the Davis -Bacon Act • Payroll Form • Record of Employee Interview Form • Prevailing Wages — Highway Projects 3 Paqe 2 3 4 9 27 31 32 35 37 38 39 45 49 5 pages 1 page 2 pages 1 page 15 pages 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 March 13, 2017. Envelopes shall be plainly marked, "Sealed Bid for 2017 CDBG Sidewalk Program" 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. 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 4 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 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. 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. I. 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 Refection. 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 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) Requirement 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-4, prohibiting bid -rigging and bid rotation. Therefore, the Bid Certification Form must be notarized. 21) Interpretation 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 the Village Engineer , 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: 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. The phrase "Final Performance Date" shall mean the date that Substantial Performance and the punchlist 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 and 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 "Punchlist" 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 which are not covered herein. 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. 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 punchlist items remain. 10 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. The term, 1/2 stick" shall mean one-half the standard length of pipe, typically this is seven (7) feet. 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. The Contract shall be substantially performed within forty-five (45) days 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. 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. Time is of the essence. The connection with this project must or sooner, after receipt of Notice 11 Contractor agrees that all work included in be completed by the Final Performance Date, 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. 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 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 12 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 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 Punchlist 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 prior to Final Payment bond 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. Punchlist. 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 13 and deliver to the Contractor within five (5) days thereafter, a written Punchlist indicating items of construction which are not in material conformity with the Contract Documents. The Punchlist items shall be completed by the Final Performance Date. Pending completion of Punchlist items, the Village may withhold from amounts due to the Contractor an amount equal to but not greater than one and one-half (1'/z) times the estimated cost to complete Punchlist items. Final Policinq 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. 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. o. 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. p. Right Of The Village To Terminate The Contract. 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. 14 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 Siqns 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 protective devices until the need for them, in the judgment of the Public Works Director of 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 total bid price. 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 15 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. one Call System (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. one Call System 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 7:00 a.m. and 7:00 p.m. 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. 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 16 contract in order to permit its completion of any contractual obligations under the contract, which may be awarded as the result of the bid. 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 work -site 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. 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. 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 Bidder 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 17 such Work by them done, said owners may render bills to the Bidder for the cost and expenses thereof which bills shall be paid by the Bidder without extra compensation therefore from the Village, upon demand by said owners, or upon demand made by the Village upon the Bidder for the payment thereof. 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 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 Contractor shall NO 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. 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. 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 19 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. 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 of one hundred percent (100%) 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 bond/Letter of Credit 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) 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: i. 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 Indemnification. The Contractor shall indemnify and save harmless the Village, its officers and employees from any and all liability, losses or damages, including attorney's 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 21 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. 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 Consultant 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 owner, 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: 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. 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). 22 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. 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 23 agreement or understanding, a notice advising the labor organization or representative of the contractor's obligations under the Act 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 Park. 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 Contractor and all subcontractors to pay not less than the Prevailing Wages as determined by the U.S. Department of Labor. They are required to pay wage rates in accordance with the Federal Labor Standards Provisions under the Davis -Bacon Act to all laborers workers and mechanics. All bonds provided by the Contractor under the terms of this Contract shall include such provisions as will guarantee the faithful performance of the Contractor's obligations under this clause. Contractor shall comply with all applicable Federal Labor Standards Provisions in conjunction with the Davis -Bacon Act. The Contractor, and all Subcontractors and Sub -Subcontractors participating on the Project, shall make and keep those records required under the Federal Labor Standards Provisions in paper or electronic format. In conformance with the Provisions, 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) hourly wage rate; (9) hourly overtime wage rate; (10) hourly fringe benefit rates. These records shall be kept by the participating contractor and subcontractor for a period of not less than three (3) 24 years from the date of last payment on the contract or subcontract. Each participating contractor and subcontractor shall submit a weekly 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 Davis - Bacon 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 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. 6) Work Guaranty. a. 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. b. 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 25 (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. 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. 7) Miscellaneous Contract Requirements. a. 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. b. Licenses And Permits. The Contractor shall procure at its own expense all necessary licenses and permits in connection with the work under the Contract. c. 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. d. Notices. All notices required by the contract shall be given in writing. e. 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. WI SPECIFICATIONS SPECIAL EXCAVATION Description: This work shall consist of excavating for the installation of new portland cement concrete sidewalk and aggregate base. It shall include earthwork and hot -mix asphalt driveway material. Construction Methods: The work shall be done in accordance with Sections 201 and 202 of the "Standard Specifications for Road and Bridge Construction". Basis of Payment. This work will be paid for at the contract unit price per cubic yard for SPECIAL EXCAVATION. This price shall include excavating earthwork or hot -mix driveway material, disposing of excavated material, and all other labor and equipment to complete this item. PCC SIDEWALK. 5". 8" Description: This work shall consist of the construction of new portland cement concrete sidewalk and aggregate base where needed. Construction Methods: The work shall be done in accordance with Section 424 of the "Standard Specifications for Road and Bridge Construction". The new sidewalk shall have a maximum cross slope of 1.5%. Any new sidewalk with a greater cross slope shall be removed and replaced at the Contractor's expense. Basis of Payment. This work will be paid for at the contract unit price per square foot for PCC SIDEWALK, 5", 8". This price shall include the aggregate base, furnishing and placing the concrete mixture, the expansion joint filler, and all other labor, materials, and equipment to complete this item. PCC SIDEWALK REMOVAL AND REPLACEMENT. 5". 8" Description: This work shall consist of the removal of existing sidewalk, or concrete driveway pavement, and the construction of new portland cement concrete sidewalk or driveway pavement. Construction Methods: The work shall be done in accordance with Sections 424 and 440 of the "Standard Specifications for Road and Bridge Construction". At locations specified by the Engineer, existing concrete sidewalks will be removed and disposed of by the Contractor. The limits of removal will be marked by the Engineer. The Contractor shall notify the resident prior to removing any sidewalk located within the limits of a driveway. The sidewalk or driveway shall be sawcut full -depth and any areas outside the limits of the removal which are damaged will be replaced by the Contractor at his own expense. This work shall also include any additional excavation required to meet the base elevation of the proposed sidewalk. The Contractor shall install sidewalk within five (5) days of excavation, or removal of the existing sidewalk. Should the Contractor fail to install the sidewalk within the specified time, the Contractor 27 shall be subject to liquidated damages equal to one hundred dollars ($100.00) per calendar day for each sidewalk location. The sidewalk, or driveway, shall be constructed of Class SI Concrete. The base shall be tamped or rolled until thoroughly compacted. The thickness shall be 5 "thick, or 8" thick through driveways on IDOT and Cook County Department of Transportation and Highways roads, or as directed by the Engineer. At locations where unsuitable base course materials are encountered, the materials shall be removed to a depth as specified by the Engineer. Aggregate base course material shall be used and compacted to adjust the base course to the proper elevation. The excavation and aggregate base course material shall be considered incidental to this item. Expansion joints 1/2 inch thick shall be placed between the sidewalk and all structures such as b - boxes, manholes, light standards, traffic light standards, and traffic poles which extend through the sidewalk. The b -boxes must be inspected and made operational by the Village prior to placing the concrete. Basis of Payment: This work will be paid for at the contract unit price per square foot for PCC SIDEWALK REMOVAL AND REPLACEMENT, of the thickness specified. This price shall include removal of existing sidewalk or concrete driveway, excavating to the proper base elevation, disposing of excavated material, furnishing and placing aggregate base course material where necessary, compaction of the base course, the concrete mixture, the expansion joint filler, and all other labor, materials, and equipment to complete this item. HOT -MIX ASPHALT PAVEMENT REMOVAL AND REPLACEMENT Description: This work shall consist of the removal and replacement of existing hot -mix asphalt driveway apron adjacent to sidewalk being replaced; and pavement adjacent to where curb and gutter is being replaced. Construction Methods: The limits of the replacement shall be determined by the Engineer. Any work outside the marked area due to damage caused by the Contractor shall be performed at the Contractor's expense. The hot -mix asphalt pavement shall be saw -cut, removed, and disposed of by the Contractor. The Contractor shall install Hot -Mix Asphalt Surface Course, Mix "D", N50 to a depth not less than two inches (2"). Basis of Payment: This work will be paid for at the contract unit price per square yard for HOT -MIX ASPHALT PAVEMENT REMOVAL AND REPLACEMENT. This price shall include the labor, materials, and equipment to complete this item, including the saw -cutting. COMBINATION CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENT Description: This work shall consist of the removal of designated existing curb and gutter and installation of new curb and gutter. Construction Methods: M The work shall be done in accordance with the applicable portions of Sections 440 and 606 of the "Standard Specifications for Road and Bridge Construction". The Contractor will saw -cut a clean joint between the portion of curb and gutter to be removed and that which is to remain. If the Contractor removes or damages the existing curb and gutter outside the limits designated by the Engineer for removal and replacement, he will be required to remove and replace that portion at his own expense. At locations where unsuitable base materials are encountered, the materials shall be removed to a depth as specified by the Engineer. Aggregate base material shall be used and compacted to adjust the base to the proper elevation. The excavation and the aggregate base material shall be considered incidental to this item. Basis of Payment: This work will be paid for at the contract unit price per foot for COMBINATION CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENT. This price shall include all labor, material and equipment necessary to remove and replace the Curb and Gutter including all saw -cutting. This item will include any type of curb and gutter encountered, including but not limited to barrier curb, mountable curb, depressed curb, and integral curb and gutter. DETECTABLE WARNINGS Description: This work shall consist of providing a detectable warning for a concrete sidewalk ramp by installing pre -manufactured tiles in fresh concrete. The pre -manufactured tiles shall be Armor -Tile Tactile Systems Cast in Place Tile, 2'x 5' in size, and Colonial Red (Federal No. 20109) in color. Construction Methods: Pour and finish concrete according to the specifications. Trace the approximate location of the tiles. Install tile in accordance with the manufacturer's specifications and finish surface in a manner that the the becomes an integral part of the sidewalk. Basis of Payment: This work will be paid for at the contract unit price per square foot for DETECTABLE WARNINGS and shall include the pre -manufactured tiles and all work to provide a detectable warning in concrete. This pay item covers the preparation of fresh concrete in order to provide a bed for the pre -manufactured tile, the installation of the tile, and the finishing of the surrounding fresh concrete surface. The actual concrete installation under and around the tile will be paid for separately as either PCC SIDEWALK REMOVAL AND REPLACEMENT, 5" or PCC SIDEWALK, 5". CONCRETE CURE AND SEAL COMPOUND, SPECIAL Description: This work shall consist of coating new concrete surfaces with a single application of a combination curing, sealing, and anti -scaling compound that is specifically formulated to resist de-icing salts. The compound shall meet the requirements of ASTM C 1315, Type I, Class A and ASTM C 309, Type I, Class B. The compound must dry to a clear and transparent finish. Construction Methods: The compound shall be applied according to the manufacturer's recommendations and precautions. 29 Basis of Payment: This work will be paid for at the contract unit price per square yard for CONCRETE CURE AND SEAL COMPOUND, SPECIAL . This price shall include all labor, material, and equipment to complete this item and full cleaning of the surfaces if required prior to the application of the material. TOPSOIL FURNISH AND PLACE Description: This work shall consist of furnishing and placing topsoil along the edges of newly installed sidewalk or curb and gutter and at locations where sod is to be placed as indicated by the Engineer. Construction Methods: After installation of the sidewalk, or curb and gutter, the Contractor will backfill along the edges with topsoil to an elevation flush with the concrete. This shall be done within 2 weeks after the sidewalk has been installed. Basis of Payment: This work will be paid for at the contract unit price per square yard for TOPSOIL FURNISH AND PLACE. This price shall include all labor, material, and equipment to complete this item. 30 CLEAN CONSTRUCTION OR DEMOLITION DEBRIS (CCDD) The Contractor shall only be responsible for the disposal of clean construction debris The Contractor shall prepare all bid pricing based on the assumption that all excavations and associated debris will comply with the clean construction debris disposal requirements and that the debris can and will be disposed of at any clean debris landfill. The Village or its CCDD consultant will prepare all Source Site Certification by Owner or Operator forms (or LPC -662 manifests) for each location and for each date of excavation during this project. These forms will be provided to the contractor by the engineering project representative or (EPR). The Contractor shall acquire one manifest for each load as outlined in the state regulations and shall be responsible for only the costs of disposal of clean construction debris. SUSPECT DEBRIS The Contractor shall only be responsible for the disposal of any and all clean construction debris. If the Contractor, for whatever reason, suspects that an excavation, debris load, or any portion thereof, may contain non -clean construction debris, then he shall immediately notify the Village or the EPR. The Public Works Department can be reached at 847-870-5640. If the Village or EPR agree that the material is suspect then the Contractor shall set aside that suspect load or portion thereof on site or at a holding area identified by the Village. The Contractor shall at that time be no longer responsible for the disposal of that load or portion thereof. The Village and its CCDD consultant will become responsible for the testing and subsequent disposal of all suspect debris. 31 Bid Form Page 1 BID FORM 2017 CDBG Sidewalk Program Village of Mount Prospect Department of Public Works (hereinafter called "Bidder") TO: Office of the Village Manager, Td Floor 50 South Emerson Street Mount Prospect, Illinois 60056 (hereinafter called "Village" or "Village of Mount Prospect") Bid For: "2017 CDBG Sidewalk Program" 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 Other materials or standards provided or noted by the Village Contract Document Performance Bond Form Labor and Materials Payment 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: Bidder has bid on all items and has provided a price for all items. The Bidder acknowledges that it is responsible for verification of all pipe sizes and depths prior to the ordering of materials. 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. 32 Bid Form Page 2 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. 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 within forty-five (45) consecutive calendar days 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". 33 Bid Form Page 3 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: Name & Title: Date: Contact Information: Official Address: Telephone: Email: (Signature) 34 VILLAGE OF MOUNT PROSPECT AFFIDAVIT — BID CERTIFICATION FORM 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. 35 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 ILLS 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; (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 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: Signed and sworn to before me this day of 20_ My commission expires: Notary Public 36 Title: 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 , 20_. 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 37 BID SHEET "2017 CDBG Sidewalk Program" (TO BE FILLED OUT BY THE CONTRACTOR/BIDDER) The Bidder will complete pricing for all items (# 1-10) 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 SPECIAL EXCAVATION CUYD 50 2 PCC SIDEWALK, 5" SQFT 200 3 PCC SIDEWALK, 8" SQFT 1,500 4 PCC SIDEWALK REMOVAL AND REPLACEMENT, 5" SQFT 20,000 5 PCC SIDEWALK REMOVAL AND REPLACEMENT, 8" SQFT 8,000 6 HOT -MIX ASPHALT PAVEMENT REMOVAL AND REPLACEMENT SQYD 300 7 COMB. CONC. CURB AND GUTTER REMOVAL AND REPLACEMENT FOOT 200 8 DETECTABLE WARNINGS SQFT 200 9 CONCRETE CURE AND SEAL COMPOUND, SPECIAL SQYD 3,000 10 TOPSOIL FURNISH AND PLACE SQYD 300 TOTAL FOR ITEMS (1 — 10) CONTRACT THIS Contract (hereinafter the "Contract") is entered into on this and between the VILLAGE OF MOUNT PROSPECT, an (hereinafter the "Village"), and a `Contractor") (Village and Contractor sometimes referred to collectively as "Parties"), day of , 2017, by Illinois municipal corporation (hereinafter the individually as "Party" and WHEREAS, the Village has solicited competitive bids for its 2017 CDBG Sidewalk Program; and WHEREAS, the Contractor submitted a bid to perform the work associated with the 2017 CDBG Sidewalk Program (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 2017 CDBG Sidewalk Program 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. 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 39 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 achieved substantial performance within forty-five (45) consecutive calendar days 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 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 40 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. 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 41 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. 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 or unenforceable, that provision shall be severable from the rest of this Contract and the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired. ARTICLE XIX - EFFECTIVE DATE The effective date of this Contract shall be the date of the last signature executing the Contract (hereinafter referred to as the "Effective Date"). ARTICLE XX - 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 42 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 la Title: Date: ATTEST: Title: Date: 43 By: Title: Date: ATTEST: Title: Date: VILLAGE OF MOUNT PROSPECT LABOR AND MATERIAL PAYMENT BOND Bond No. : Principal Amount: Contract: 2017 CDBG Sidewalk Program 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 the 2017 CDBG SIDEWALK PROGRAM in accordance with the drawings and specifications prepared by: VILLAGE OF MOUNT PROSPECT (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" is 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 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 45 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 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 , 20 Contractor M Signature 46 Surety M_ Officer Of The Surety Title ATTEST: Corporate Secretary (corporations only) STATE OF COUNTY OF Title Address: NOTARY 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 foregoing instrument on behalf of Surety, appeared before me this acknowledge respectively that he/she signed, sealed, and delivered said free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this Notary Signature: is subscribed to the day in person and instrument as his/her day of 120 My Commission expires: (Attach Surety's Power of Attorney) 47 VILLAGE OF MOUNT PROSPECT PERFORMANCE BOND Bond No. : Principal Amount: Contract: 2017 CDBG Sidewalk Program 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 the 2017 CDBG SIDEWALK PROGRAM in accordance with the drawings and specifications prepared by: VILLAGE OF MOUNT PROSPECT (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 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, 49 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 20 Contractor By: Signature Title ATTEST Corporate Secretary (corporations only) COUNTY OF Surety By: _ Title Officer Of The Surety Address: NOTARY 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 foregoing instrument on behalf of Surety, appeared before me this acknowledge respectively that he/she signed, sealed, and delivered said free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this Notary Signature: is subscribed to the day in person and instrument as his/her _ day of , 20_ My Commission expires: (Attach Surety's Power of Attorney) 50 Federal Labor Standards Provisions Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH - 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: U.S. Department of Housing and Urban Development Office of Labor Relations (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD -4010 (06/2009) Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1 of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B) of the Davis -bacon Act), daily and weekly number of hours worked deduCtinns maria and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at httg://www.dol.govlesalwhdlformslwh3471nItLhtm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (h) Each payroll submitted shall he accompaniers by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is t d It' correc an comp a e, Previous editions are obsolete form HUD -4010 (06/2009) Page 2 of 5 ref. Handbook 1344.1 (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant `,to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by Previous editions are obsolete form HUD -4010 (06/2009) Page 3 of 5 ref. Handbook 1344.1 the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 79 CFR 5.5 may he arounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between tha cnntractnr tnr anv of its subcontractors) and HUD or Its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal. Housing Administration transactions", provides in part: "Whoever, for the purpose of . . . influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territnrv)fnr liquiriaterf riamages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. Previous editions are obsolete form HUD -4010 (06/2009) Page 4 of 5 ref. Handbook 1344.1 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seg. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete form HUD -4010 (06/2009) Page 5 of 5 ref. Handbook 1344.1 ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay due, and liquidated damages may apply Kovertime pay requirements are not met. Davis -Bacon contract clauses allow contract termination and debarment ofcontractors from future federal contracts for uptothree years. Acontractor who falsifies certified payroll records orinduces wage kickbacks may besubject tocivil nr criminal prosecution, fines and/or imprisonment. APPRENTICES Apprentice rates apply only toapprentices properly registered under approved Federal orState apprenticeship programs. PROPER PAY 0you donot receive proper pay, orrequire further information onthe applicable wages, contact the Contracting Officer listed below: or contact the U.S.Department ofLabor's Wage and Hour Division. WH 1321 (Revised April 2009) d d co CD Y 9C! Fwpw rn w o LO ao z¢a� �N OW C) J N Q z m 'X—�G F O? _O ~ OW U w z z O W = o U afO U fn W O Z 0 IL ro U O O z Z Q ~ U U)zw O0¢x¢ U d W Z O d O < O L wJ u� t af OO d Q W Q O 0C) Z d Y d } Q V U) O 'is a0'10 o N o N o N o N o N o N o m o N _Z O Z w O Y w F aU I U) O g U - 7 SNOIldW3X3 c� ONIO-IOHHIIM ' d0'ON W i i i E D] � D 0 D w U J L}LQ Y Z LLw LL p OO'S Q H O cl u Q w E > u O jm D ZQ D r C p "t Z C Z J Z I- d U a fy a a 5 d ui � m � m c L a o,o m m -o � is ' � m m C 0 L 2 ? L p J N m J UU a m o w ~a E a o m m $ o c Q E Z m F M N T U C C M E m � `o > ra`O'i m . a. o c Uw 2 o w N7 > m o c°. a U ami ami Y .c goo �rnm m 9 m c c O � M v�i U a U L G C V C a p O'er C E O m 7t� J m U J E a C O N O m C E ii a o Ec m c is ami a �mE16 E`o mU o 3 a m Nm rn� c">_ m c Dov m 2 0 O U C 0 � C m m m m E N m O 3 - C Q O m C ZU) t0 i EO U n m a m y c $ E o m o c a m Y y a m a c o ;p .r.2 ti ".0 "00 m vi a e m m O O iJ N � C C n C U . j U isum.w m? m c p C r N J C ) T U m ? o U d N w N o o dm a w i 3 p o m o 0 iE uym -.oo o- r o m > I 3 m m E L L. a a c o C L U p C O L U m W N im E m U U) m d m � U Q N c _ o (6 LL: E E j � m U E O d U y rn c m c� `o m 2 Q U z Q a W Q c� h LL w z W m W O Z LL LL W d' W 2 N 0 a N N d C U N M CO N CLN L L C N O 0-0 N (T6 m O- N . a m C'go N L N C � N a O O C ca c � O C E N ,C a�Na w+ as o C T a a5 L m ) a C) O N .L-. rnN o C , O 3 i� N l0 U 0 U :E U C L W m -a i cn z O F- CL W U N 0 O a m N c 0o a -It a ai a m ! 9 w a .0 o f �16� flaNiN os as O C: (D L N a3 N a Na > O 0 U U d U O C r N 'C +6 � 'O N V N N O._ N to O O O .-S al U M d LO N a N C 6 C N O Q C O N N Cas �c QN Z❑ Loc N Z. O'0 a o . O N O = Q N L U; a� N N E ' W W as = N NQ �x O °3a� E N J N- m m a E .6E LC 0'8 ❑z am N � a N o .N C Ln) a, O N N c,2T, 6)aa7a00 a) S 02 O ,U 0 j N CaC n %O ,NO -O o >aN-a ao c0E'oN. 08 m g.�� mEoL oOLm Q NEoo N O) T 0O m o aa� p 3 TOGO 3 n9 "o -C mNcE O'ONN ❑ m N cm N p N C= �'— cA aLoo14 c m fAt +n � Oo@nOarn� � 0 m 3 od `o W fl. .o U .-. O U O N N@ a3 '� � O U N N O a3 yeti c6 TU a CJ~ ~ N N� C LL O C N .0 Ln M O C E a 0 p a W .L-• N >s N U N O+ N 01 O O a C a3 Z O O CL C'O 3 a o E N E t (D ELm Cp > aa)j N N -p N N N N N .....0 N W :J O N N T N'Nr a5 C N N> O O Y O L® N U- .0 .L...0 N aai aoi N m Ca (D CL W a N "a as Q K I aS 0, >,d@ aN� O 2 'a 3 ❑ U) r O a L N C a)ca @ N Ty Y_ O NEN co 3� Cl) w W J F O � Z a_ O OF UW z<< �U O Z z ( I a of CL W U ww m0 Oo } Of 20 a In z~ U z Lu W C9 `` W (n W W N �Z W � O- aW wU 2Ir a 0J O F- lL } z a� Q U - U OUw 110 z0 goo d -w USF W SOF X-Oi � 'n W QO❑ J Z3!! h =Q f I I I I �� Io I-z�I Lu � w i z H in N 0 O a m N c 0o a -It a ai a m ! 9 w a .0 o f �16� flaNiN os as O C: (D L N a3 N a Na > O 0 U U d U O C r N 'C +6 � 'O N V N N O._ N to O O O .-S al U M d LO N a N C 6 C N O Q C O N N Cas �c QN Z❑ Loc N Z. O'0 a o . O N O = Q N L U; a� N N E ' W W as = N NQ �x O °3a� E N J N- m m a E .6E LC 0'8 ❑z am N � a N o .N C Ln) a, O N N c,2T, 6)aa7a00 a) S 02 O ,U 0 j N CaC n %O ,NO -O o >aN-a ao c0E'oN. 08 m g.�� mEoL oOLm Q NEoo N O) T 0O m o aa� p 3 TOGO 3 n9 "o -C mNcE O'ONN ❑ m N cm N p N C= �'— cA aLoo14 c m fAt +n � Oo@nOarn� � 0 m 3 od `o W fl. .o U .-. O U O N N@ a3 '� � O U N N O a3 yeti c6 TU a CJ~ ~ N N� C LL O C N .0 Ln M O C E a 0 p a W .L-• N >s N U N O+ N 01 O O a C a3 Z O O CL C'O 3 a o E N E t (D ELm Cp > aa)j N N -p N N N N N .....0 N W :J O N N T N'Nr a5 C N N> O O Y O L® N U- .0 .L...0 N aai aoi N m Ca (D CL W a N "a as Q K I aS 0, >,d@ aN� O 2 'a 3 ❑ U) r O a L N C a)ca @ N Ty Y_ O NEN co 3� Cl) w Record of U.S. Department of Housing OMB Approval No. 2501-000 �� ee Interview and Urban Development (exp. 12/31/2013; p Y Office of Labor Relations Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. The information is collected to ensure compliance with the Federal labor standards by recording interviews with construction workers. The information collected will assist HUD in the conduct of compliance monitoring; the information will be used to test the veracity of certified payroll reports submitted by the employer. Sensitive Information. The information collected on this form is considered sensitive and is protected by the Privacy Act. The Privacy Act requires that these records be maintained with appropriate administrative, technical, and physical safeguards to ensure their security and confidentiality. In addition, these records should be protected against any anticipated threats or hazards to their security or integrity that could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom the information is maintained. The information collected herein is voluntary, and any information provided shall be kept confidential. 1 a. Project Name N 2a. Employee Name N lb Project Number ❑ 10. Are you paid at least time and 1/2 for all hours worked in excess of 40 in a week? 2b. Employee Phone Number (including area code) ❑ 1c. Contractor or Subcontractor (Employer) ❑ 11. Have you ever been threatened or coerced into giving up any part of your pay? 2c. Employee Home Address & Zip Code ❑ 12a. Employee Signature 12b. Date 2d. Verification of identification? Yes ❑ No ❑ 3a. How long on this 3b. Last date on this 3c. No. of hours last 4a. Hourly rate of pay? 4b. Fringe Benefits? 4c. Pay stub? job? job before today? day on this job? Vacation Yes ❑ No ❑ Yes ❑ No ❑ Medical Yes ❑ No ❑ Pension Yes ❑ No ❑ o. Your lop ciassiTicauonts) (list auk --- continue on a separate sneet it necessary 6. Your duties 7 Tools or equipment used Y N Y N 8. Are you an apprentice or trainee? ® ❑ 10. Are you paid at least time and 1/2 for all hours worked in excess of 40 in a week? ❑ ❑ 9. Are you paid for all hours worked? ❑ ❑ 11. Have you ever been threatened or coerced into giving up any part of your pay? ❑ ❑ 12a. Employee Signature 12b. Date 13. Duties observed by the Interviewer (Please be specific.) 14. Remarks 15a. Interviewer name (please print) Payroll Examination 16. Remarks Signature roll Examiner 15b. Signature 17b. 15c. Date of interview vrevious eartions are obsolete Form HUD -1 Page 1 of 15 General Decision Number: IL170009 01/27/2017 IL9 Superseded General Decision Number: IL20160009 State: Illinois Construction Types: Building, Heavy, Highway and Residential County: Cook County in Illinois. BUILDING, RESIDENTIAL, HEAVY, AND HIGHWAY PROJECTS (does not include landscape projects). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the E0, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2017 1 01/13/2017 2 01/27/2017 ASBE0017-001 06/01/2015 Rates Fringes ASBESTOS WORKER/INSULATOR Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems .......... $ 48.45 24.35 Fire Stop Technician .............$ 38.76 23.15 HAZARDOUS MATERIAL HANDLER includes preparation, wetting, stripping removal scrapping, vacuuming, bagging and disposal of all insulation materials, whether they contain asbestos or not, from mechanical systems .......... $ 36.34 23.15 ---------------------------------------------------------------- BOIL0001-001 01/01/2014 Rates Fringes https://www.wdol.gov/wdol/scafiles/davisbacon/IL9.dvb?v=2 2/10/2017 Page 2 of 15 BOILERMAKER ......................$ 42.13 25.45 ---------------------------------------------------------------- BRIL0021-001 06/01/2016 Rates Fringes BRICKLAYER .......................$ 44.88 26.62 ---------------------------------------------------------------- BRIL0021-004 06/01/2016 Rates Fringes Marble Mason .....................$ 44.13 26.02 ---------------------------------------------------------------- BRIL0021-006 06/01/2016 Rates Fringes TERRAZZO WORKER/SETTER ........... $ 43.38 24.67 TILE FINISHER ....................$ 37.81 21.60 TILE SETTER ......................$ 44.84 24.20 ---------------------------------------------------------------- BRIL0021-009 06/01/2016 Rates Fringes MARBLE FINISHER ..................$ 33.45 25.33 ---------------------------------------------------------------- BRIL0021-012 06/01/2016 Rates Fringes Pointer, cleaner and caulker ..... $ 44.90 23.72 ---------------------------------------------------------------- CARP0555-001 06/01/2015 BUILDING, HEAVY, AND HIGHWAY Rates Fringes CARPENTER Carpenter, Lather, Millwright, Piledriver, and Soft Floor Layer ........ $ 44.35 28.81 ---------------------------------------------------------------- CARP0555-002 10/01/2016 RESIDENTIAL CONSTRUCTION Rates Fringes CARPENTER ........................$ 36.11 30.02 ---------------------------------------------------------------- ELEC0009-003 06/01/2016 Rates Fringes Line Construction Groundman...................$ 38.14 23.71 Lineman and Equipment https://www.wdol.gov/wdol/scafiles/davisbacon/IL9.dvb?v=2 2/10/2017 Page 3 of 15 Operator ....................$ 48.90 30.40 ---------------------------------------------------------------- ELEC0134-001 06/06/2016 Rates Fringes ELECTRICIAN ......................$ 46.10 31.15 ---------------------------------------------------------------- ELEC0134-002 04/01/1998 Rates Fringes ELECTRICIAN CLASS "B" ...................$ 20.71 2.975+a+b CLASS B SCOPE OF WORK: Install magnetic or electronic replacement ballasts either singly or in groups including necessary wiring within fixture; Install replacement lamp holders and/or sockets including necessary wiring within fixture including relocating sockets within fixture; Install replacement lighting circuit breakers where necessary; Install replacement lighting switches where necessary; Repair lighting fixtures other than ballast or socket replacements; Rewire chandeliers or incandescent fixtures only within fixtures themselves. FOOTNOTES: a -Paid Vacation- Employees who have been employed for one year but less than three years receive 1 week of paid vacation; employees who have been employed three years but less than ten years receive 2 weeks of paid vacation; Employees who have been employed ten years but less than twenty years receive 3 weeks of paid vacation; and employees who have worked twenty or more years receive 4 weeks of paid vacation. b -Funeral Leave -In the instance of the death of a mother, other -in-law-; father, father-in-law, sister, brother, husband, wife, or a child of an employee shall receive up to three days of paid funeral leave. ---------------------------------------------------------------- ELEC0134-003 06/06/2016 Rates Fringes ELECTRICIAN ELECTRICAL TECHNICIAN ....... $ 42.02 23.00 The work shall consist of the installation, operation, inspection, maintenance, repair and service of radio, television, recording, voice sound vision production and reproduction, telephone and telephone interconnect, facsimile, data appatatus, coaxial, fibre optic and wireless equipment, appliances and systems used for the transmission and reception of signals of any nature, business, domestic, commercial, education, entertainment and residential purposes, including but not limited to communication and telephone, electronic and sound equipment, fibre optic and data communication systems, and https://www.wdol.gov/wdol/scafiles/davisbacon/IL9.dvb?v=2 2/10/2017 Page 4 of 15 the performance of any task directly related to such installation or service whether at new or existing sites, such tasks to include the placing of wire and cable and electrical power conduit or other raceway work within the equipment room and pulling wire and/or cable through conduit and the installation of any incidential conduit. ---------------------------------------------------------------- * ELEV0002-001 01/01/2017 Rates Fringes ELEVATOR MECHANIC ................$ 53.18 31.585+a+b FOOTNOTES: a) PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Day after Thanksgiving Day; Veterans' Day and Christmas Day. b) Employer contributes 8% of regular hourly rate as vacation pay credit for employee with more than 5 years of service, and 6% for employee with less than 5 years service ---------------------------------------------------------------- * ENGIO150-006 06/01/2016 Building and Residential Construction POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Mechanic; Asphalt Plant*; Asphalt Spreader; Autograde*; Backhoes with Caisson attachment*:Batch Plant*; Benoto(Requires two Engineers); Boiler and Throttle Valve; Caisson Rigs*; Central Redi-Mix Plant*; Combination Backhoe Front Endloader Machine; Compressor and Throttle Valve; Concrete Breaker (Truck Mounted)*; Concrete Conveyor; Concrete Conveyor, Truck Mounted; Concrete Paver over 27E cu. ft.*; Concrete Paver 27E cu ft and Under*; Concrete Placer*; Concrete Placing Boom; Concrete Pump (Truck Mounted); Concrete Tower; Cranes*; Cranes, Hammerhead*; Cranes, (GCI and similar type Requires two operators only); Creter Crane; Crusher, Stone, etc; Derricks; Derricks, Traveling*; Formless Curb and Gutter Machine*; Grader, Elevating; Grouting Machines; Highlift Shovels or Front Endloader 2 1/4 yd. and over; Hoists, Elevators, Outside Type Rack and pinion and similar Machines; Hoists, One, Two, and Three Drum; Hoists, Two Tugger One Floor; Hydraulic Backhoes*; Hydraulic Boom Trucks; Hydraulic Vac (and similar equipment);Locomotives; Motor Patrol*; Pile Drivers amd Skid Rig*; Post Hole Digger; Pre- Stress Machine; Pump Cretes Dual Ram(Requiring frequent https://www.wdol.gov/wdol/scafiles/davisbacon/IL9.dvb?v=2 2/10/2017 Rates Fringes OPERATOR: Power Equipment GROUP 1 ....................$ 49.10 34.85 GROUP 2 ....................$ 47.80 34.85 GROUP 3 ....................$ 45.25 34.85 GROUP 4 ....................$ 43.50 34.85 POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Mechanic; Asphalt Plant*; Asphalt Spreader; Autograde*; Backhoes with Caisson attachment*:Batch Plant*; Benoto(Requires two Engineers); Boiler and Throttle Valve; Caisson Rigs*; Central Redi-Mix Plant*; Combination Backhoe Front Endloader Machine; Compressor and Throttle Valve; Concrete Breaker (Truck Mounted)*; Concrete Conveyor; Concrete Conveyor, Truck Mounted; Concrete Paver over 27E cu. ft.*; Concrete Paver 27E cu ft and Under*; Concrete Placer*; Concrete Placing Boom; Concrete Pump (Truck Mounted); Concrete Tower; Cranes*; Cranes, Hammerhead*; Cranes, (GCI and similar type Requires two operators only); Creter Crane; Crusher, Stone, etc; Derricks; Derricks, Traveling*; Formless Curb and Gutter Machine*; Grader, Elevating; Grouting Machines; Highlift Shovels or Front Endloader 2 1/4 yd. and over; Hoists, Elevators, Outside Type Rack and pinion and similar Machines; Hoists, One, Two, and Three Drum; Hoists, Two Tugger One Floor; Hydraulic Backhoes*; Hydraulic Boom Trucks; Hydraulic Vac (and similar equipment);Locomotives; Motor Patrol*; Pile Drivers amd Skid Rig*; Post Hole Digger; Pre- Stress Machine; Pump Cretes Dual Ram(Requiring frequent https://www.wdol.gov/wdol/scafiles/davisbacon/IL9.dvb?v=2 2/10/2017 Page 5 of 15 Lubrication and Water); Pump Cretes; Squeeze Cretes-Screw Type Pumps Gypsum Bulker and Pump; Raised and Blind Hole Drill*; Roto Mill Grinder (36" and Over)*; Roto Mill Grinder (Less Than 36")*; Scoops -Tractor Drawn; Slip -Form Paver*; Straddle Buggies; Tournapull; Tractor with Boom, and Side Boom; and Trenching Machines*. GROUP 2: Bobcat (over 3/4 cu yd); Boilers; Broom, Power Propelled; Bulldozers; Concrete Mixer (Two Bag and over); Conveyor, Portable; Forklift Trucks; Greaser Engineer; Highlift Shovels or Front End loaders under 2 1/4 cu yd; Aotomatic Hoists, Hoists, Inside Elevators; Hoists, Sewer Dragging Machine; Hoists, Tugger Single Drum; Laser Screed; Rock Drill (Self -Propelled); Rock Drill (Truck Mounted)*; Rollers; Steam Generators; Tractors; Tractor Drawn Vibratory Roller (Receives an additional $.50 per hour); Winch Trucks with "A" Frame. GROUP 3: Air Compressor -Small 250 and Under (1 to 5 not to exceed a total of 300 ft); Air Compressor -Large over 250; Combination -Small Equipment Operator; Generator- Small 50 kw and under; Generator -Large over 50 kw; Heaters, Mechanical; Hoists, Inside Elevators (Remodeling or Renovatin work); Hydrualic Power Units (Pile Driving, Extracting, and Drilling); Low Boys; Pumps Over 3" (1 To 3 not to exceed a total of 300 ft); Pumps, Well Points; Welding Machines (2 through 5); Winches, 4 Small Electric Drill Winches; Bobcat (up to and including 3/4 cu yd) GROUP 4 - Bobcats and/or other Skid Steer Loaders; Brick Forklifts; Oilers *-Requires Oiler ---------------------------------------------------------------- * ENGIO150-025 06/01/2016 Heavy and Highway Construction Rates Fringes OPERATOR: Power Equipment GROUP 1 .....................$ 47.30 34.85 GROUP 2 .....................$ 46.75 34.85 GROUP 3 .....................$ 44.70 34.85 GROUP 4 .....................$ 43.30 34.85 GROUP 5 .....................$ 42.10 34.85 POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Asphalt Plant*; Asphalt Heater and Planer combination; Asphalt Heater Scarfire*, Asphalt Spreader; Autograder/ GOMACO or similar; ABG Paver*, Backhoes with Caisson attachment*, Ballast Regulator, Belt Loader*; Caisson Rigs*Car Dumper, Central Redi-Mix Plant*, Combination Backhoe; Front End Loader Machine (1 cu yd or over Backhoe bucket or with attachments); Concrete Breaker (truck mounted); Concrete Conveyor; Concrete Paver over 27E cu ft*; Concrete Placer*; Concrete Tube Float; Cranes, all attachments*; Cranes, Hammerhead, Linden, Peco and machines https://www.wdol.gov/wdol/scafiles/davisbacon/IL9.dvb?v=2 2/10/2017 Page 6 of 15 of a like nature*; Creter Crane; Crusher, stone; All Derricks; Derrick Boats; Derricks, traveling*; Dowell Machine with Air Compressor ($1.00 above Class 1); Dredges*; Field Mechanic Welder; Formless Curb and Gutter Machine*; Gradall and machines of a like nature*; Grader, Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form Grader, Pull Grader, Subgrader; Guard Rail Post Driver mounted*; Hoists, one, two, and three Drum; Hydraulic Backhoes*; Backhoes with Shear attachments* Mucking Machine; Pile Drivers and Skid Rig*; Pre -Stress Machine; Pump Cretes Dual Ram (requires frequent lubrication and water)*; Rock Drill- Crawler or Skid Rig*; Rock Drill truck mounted*; Rock/ Track Tamper; Roto Mill Grinder, (36" and over)*; Slip -Form Paver*; Soil Test Drill Rig, truck mounted*; Straddle Buggies; Hydraulic Telescoping Form (tunnel); Tractor Drawn Belt Loader*; Tractor Drawn Belt Loader with attached Pusher (two engineers); Tractor with boom; Tractaire with attachment; Traffic Barrier Transfer Machine*; Trenching Machine; Truck Mounted Concrete Pump with boom*; Underground Boring and/or Mining Machines 5 ft in diameter and over tunnel, etc.*; Wheel Excavator* & Widener (Apsco); Raised or Blind Hoe Drill, Tunnel & Shaft* GROUP 2: Batch Plant*; Bituminous Mixer; Boiler and Throttle Valve; Bulldozer; Car Loader Trailing Conveyors; Combination Backkhoe Front End Loader Machine, (less than 1 cu yd Backhoe Bucket with attachments); Compressor and Throttle Valve; Compressor, common receiver (3); Concrete Breaker or Hydro Hammer; Concrete Grinding Machine; Concrete Mixer or Paver 7S series to and including 27 cu ft; Concrete Spreader; Concrete Curing Machine; Burlap Machine; Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck Cars (Haglund or similar type); Drills (all); Finishing Machine -Concrete; Greaser Engineer; Highlift Shovels or Front End Loader; Hoist- Sewer Dragging Machine; Hydraulic Boom Trucks, all attachments; Hydro -Blaster (requires two operators); Laser Screed*; Locomotives, Dinky; Off -Road Hauling Units (including articulating); Pump Cretes; Squeeze Cretes-Screw Type pumps, Gypsum Bulker and Pump; Roller Asphalt; Rotary Snow Plows; Rototiller, Seaman, self -Propelled; Scoops -Tractor Drawn; Self- propelled Compactor; Spreader -Chip -Stone; Scraper; Scraper -Prime Mover in Tandem regardless of size (add $1.00 to Group 2 hourly rate for each hour and for each machine attached thereto add $1.00 to Group 2 hourly rate for each hour); Tank Car Heater; Tractors, Push, pulling Sheeps Foot, Disc, or Compactor, etc; Tug Boats GROUP 3: Boilers; Brooms, all power propelled; Cement Supply Tender; Compressor, Common Receiver (2); Concrete Mixer, two bag and over; Conveyor, Portable; Farm type Tractors used for mowing, seeding, etc; Fireman on Boilers; Forklift Trucks; Grouting Machines; Hoists, Automatic; Hoists, all Elevators; Hoists, Tugger single Drum; Jeep Diggers; Low Boys; Pipe Jacking Machines; Post -hole Digger; Power Saw, Concrete, Power Driven; Pug Mills; Rollers, other than asphalt; Seed and Straw Blower; Steam Generators; Stump Machine; Winch Trucks with A -Frame; Work Boats; Tamper -Form motor driven https://www.wdol.gov/wdol/scafiles/davisbacon/IL9.dvb?v=2 2/10/2017 GROUP 4: Air compressor - Small 250 and under (1 to 5 not to exceed a total of 300 ft); Air Compressor - Large over 250; Combination - Small Equipment Operator; Directional Boring Machine; Generators - Small 50 kw and under; Generators - Large , over 50 kw; Heaters, Mechanical; Hydraulic power unit (Pile Driving, Extracting or Drilling); Light Plants (1 to 5); Pumps, over 3" (1 to 3, not to exceed a total of 300 ft); Pumps, Well Points; Tractaire; Welding Machines (2 through 5); Winches, 4 small electric drill winches; GROUP 5: Bobcats (All); Brick Forklifts; Oilers; Directional Boring *Requires Oiler ---------------------------------------------------------------- IRON0001-026 06/01/2015 Rates Fringes IRONWORKER Skeeter .....................$ 44.45 35.54 Structural and Reinforcing..$ 44.20 35.54 ---------------------------------------------------------------- IRON0063-001 06/01/2015 Rates Fringes IRONWORKER, ORNAMENTAL ........... $ 45.00 32.14 ---------------------------------------------------------------- IRON0063-002 06/01/2015 Rates Fringes IRONWORKER Fence Erector ...............$ 37.34 25.41 ---------------------------------------------------------------- IRON0136-001 07/01/2016 Rates Fringes IRONWORKER Machinery Movers; Riggers; Macinery Erectors ........... $ 40.00 31.76 Master Riggers ..............$ 42.50 31.76 ---------------------------------------------------------------- LAB00002-006 06/01/2016 Rates LABORER (BUILDING & RESIDENTIAL) GROUP 1 ....................$ 40.20 GROUP 2 ....................$ 40.20 GROUP 3 ....................$ 40.28 GROUP 4 ....................$ 40.30 GROUP 5 ....................$ 40.40 GROUP 6 ....................$ 40.40 GROUP 7 ....................$ 40.43 GROUP 8 ....................$ 40.53 Fringes 26.30 26.30 26.30 26.30 26.30 26.30 26.30 26.30 Page 7 of 15 https://www.wdol.gov/wdol/scafiles/davisbacon/IL9.dvb?v=2 2/10/2017 Page 8 of 15 GROUP 9 ....................$ 40.55 26.30 GROUP 10 ....................$ 40.75 26.30 GROUP 11 ....................$ 40.78 26.30 GROUP 12 ....................$ 40.40 26.30 LABORER CLASSIFICATIONS GROUP 1: Building Laborers; Plasterer Tenders; Pumps for Dewatering; and other unclassified laborers. GROUP 2: Fireproofing and Fire Shop laborers. GROUP 3: Cement Gun. GROUP 4: Chimney over 40 ft.; Scaffold Laborers. GROUP 5: Cement Gun Nozzle Laborers (Gunite); Windlass and capstan person. GROUP 6: Stone Derrickmen & Handlers. GROUP 7: Jackhammermen; Power driven concrete saws; and other power tools. GROUP 8: Firebrick & Boiler Laborers. GROUP 9: Chimney on fire brick; Caisson diggers; & Well Point System men. GROUP 10: Boiler Setter Plastic Laborers. GROUP 11: Jackhammermen on fire brick work only. GROUP 12: Dosimeter use (any device) monitoring nuclear exposure); Asbestos Abatement Laborer; Toxic and Hazardous Waste Removal Laborers. ---------------------------------------------------------------- LAB00002-007 06/01/2016 Rates Fringes LABORER (HEAVY & HIGHWAY) GROUP 1 .....................$ 40.20 26.30 GROUP 2 .....................$ 40.28 26.30 GROUP 3 .....................$ 40.40 26.30 GROUP 4 .....................$ 40.43 26.30 GROUP 5 .....................$ 40.40 26.30 LABORER CLASSIFICATIONS GROUP 1: Common laborer; Tenders; Material expeditor (asphalt plant); Street paving, Grade separation, sidewalk, curb & gutter, strippers & All laborers not otherwise mentioned GROUP 2: Ashpalt tampers & smoothers; Cement gun laborers GROUP 3: Cement Gun Nozzle (laborers), Gunite https://www.wdol.gov/wdol/scafiles/davisbacon/IL9.dvb?v=2 2/10/2017 Page 9 of 15 GROUP 4: Rakers, Lutemen; Machine-Screwmen; Kettlemen; Mixermen; Drun-men; Jackhammermen (asphalt); Paintmen; Mitre box spreaders; Laborers on birch, overman and similar spreader equipment; Laborers on APSCO; Laborers on air compressor; Paving Form Setter; Jackhammermen (concrete); Power drive concrete saws; other power tools. GROUP 5: Asbestos Abatement Laborers; Toxic and Hazardous Waste Removal Laborers, Dosimeter (any device) monitoring nuclear exposure ---------------------------------------------------------------- LAB00002-008 06/01/2016 Rates LABORER (Compressed Air) 0 - 15 POUNDS ...............$ 41.20 16 - 20 POUNDS ..............$ 41.70 21 - 26 POUNDS ..............$ 42.20 27 - 33 POUNDS ..............$ 43.20 34 - AND OVER ...............$ 44.20 LABORER (Tunnel and Sewer) GROUP 1 .....................$ 40.20 GROUP 2 .....................$ 40.33 GROUP 3 .....................$ 40.43 GROUP 4 .....................$ 40.55 GROUP 5 .....................$ 40.20 LABORER CLASSIFICATIONS (TUNNEL) Fringes 26.30 26.30 26.30 26.30 26.30 26.30 26.30 26.30 26.30 26.30 GROUP 1: Cage tenders; Dumpmen; Flagmen; Signalmen; Top laborers GROUP 2: Air hoist operator; Key board operator; concrete laborer; Grout; Lock tenders (Free Air Side); Steel setters; Tuggers; Switchmen; Car pusher GROUP 3: Concrete repairmen; Lock tenders (pressure side); Mortar men; Muckers; Grout machine operators; Track layers GROUP 4: Air trac drill operator; Miner; Bricklayer tenders; Concrete blower operator; Drillers; Dynamiters; Erector operator; Form men; Jackhammermen; Powerpac; Mining machine operators; Mucking machine operator; Laser beam operator; Liner plate and ring setters; Shield drivers; Power knife operator; Welder- burners; Pipe jacking machine operator; skinners; Maintenance technician GROUP 5: Asbestos abatement laborer; Toxic and hazardous waste removal laborer; Dosimeter (any device) monitoring nuclear exposure LABORER CLASSIFICATIONS (SEWER) GROUP 1: Signalmen; Top laborers and All other laborers GROUP 2: Concrete laborers and Steel setters GROUP 3: Cement carriers; Cement mixers; Concrete repairmen; https://www.wdol.gov/wdol/scafiles/davisbacon/IL9.dvb?v=2 2/10/2017 Page 10 of 15 Mortar men; Scaffold men; Second Bottom men GROUP 4: Air trac drill operator; Bottom men; Bracers -bracing; Bricklayer tenders; Catch basin diggers; Drainlayers; dynamiters; Form men; Jackhammermen; Powerpac; Pipelayers; Rodders; Welder -burners; Well point systems men GROUP 5: Asbestos abatement laborer, Toxic and hazardous waste removal laborer; Dosimeter (any device) monitoring nuclear exposure ---------------------------------------------------------------- LAB00225-001 06/01/2016 Rates Fringes LABORER (DEMOLITION/WRECKING) GROUP 1 .....................$ 35.00 26.30 GROUP 2 .....................$ 40.40 26.30 GROUP 3 .....................$ 40.40 26.30 LABORER CLASSIFICATIONS GROUP 1 - Complete Demolition GROUP 2 - Interior Wrecking and Strip Out Work GROUP 3 - Asbestos Work with Complete Demolition/Wrecking or Strip Out Work ---------------------------------------------------------------- PAIN0014-001 06/01/2016 Rates Fringes PAINTER (including taper) ........ $ 44.55 26.09 ---------------------------------------------------------------- PAIN0027-001 06/01/2016 Rates Fringes GLAZIER ..........................$ 41.70 34.02 ---------------------------------------------------------------- PLAS0005-002 07/01/2015 Rates Fringes PLASTERER ........................$ 42.25 26.65 ---------------------------------------------------------------- PLAS0502-001 06/01/2016 Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 44.25 29.91 ---------------------------------------------------------------- PLUM0130-001 06/01/2016 Rates Fringes PLUMBER ..........................$ 48.25 27.92 https://www.wdol.gov/wdol/scafiles/davisbacon/IL9.dvb?v=2 2/10/2017 Page 11 of 15 ---------------------------------------------------------------- PLUM0597-002 06/01/2016 Rates Fringes PIPEFITTER .......................$ 47.50 29.79 ---------------------------------------------------------------- ROOF0011-001 06/01/2016 Rates Fringes ROOFER ...........................$ 41.70 20.40 ---------------------------------------------------------------- SFIL0281-001 01/01/2017 Rates Fringes SPRINKLER FITTER .................$ 47.05 25.60 ---------------------------------------------------------------- SHEE0073-001 06/01/2011 Rates Fringes Sheet Metal Worker ...............$ 40.56 27.23 ---------------------------------------------------------------- SHEE0073-002 06/01/2011 Rates Fringes Sheet Metal Worker ALUMINUM GUTTER WORK ........ $ 27.63 27.23 ---------------------------------------------------------------- TEAM0731-001 06/01/2016 COOK COUNTY - HEAVY AND HIGHWAY Rates Fringes TRUCK DRIVER 2 or 3 Axles ................$ 35.60 20.06 4 Axles .....................$ 35.85 20.06 5 Axles .....................$ 36.05 20.06 6 Axles .....................$ 36.25 20.06 FOOTNOTES: A. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. B. 900 straight time hours or more in 1 calendar year for the same employer shall receive 1 week paid vacation; 3 years - 2 weeks paid vacation; 10 years - 3 weeks paid vacation; 20 years - 4 weeks paid vacation. C. An additional $.20 per axle shall be paid for all vehicles with more than six (6) axles. ---------------------------------------------------------------- TEAM0731-002 03/01/2012 https://www.wdol.gov/wdol/scafiles/davisbacon/IL9.dvb?v=2 2/10/2017 Page 12 of 15 Rates Fringes Traffic Control Device Monitor TRAFFIC SAFETY WORKER: Primary duties include but are not limited to the delivery, maintenance and pick-up of traffic control devices, the set-up and installation of traffic signs, pavement markings, barricades, crash barrels and glare screens, traffic control surveillance, the repair and maintenance trucks, cars, arrow boards, message signs, barricade and sign fabrication equipment ....... $ 28.25 9.08 TEAM0786-001 06/01/2016 COOK COUNTY - BUILDING AND RESIDENTIAL Rates Fringes TRUCK DRIVER 2 & 3 Axles .................$ 38.425 .25+a 4 Axles .....................$ 38.675 .25+a 5 Axles .....................$ 38.885 .25+a 6 Axles .....................$ 39.095 .25+a FOOTNOTES: a. $689.00 per week. An additional $.20 per axle shall be paid for all vehicles with more than six (6) axles. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. 900 straight time hours or more in 1 calendar year for the same employer shall receive 1 week paid vacation; 3 years - 2 weeks paid vacation; 10 years - 3 weeks paid vacation; 20 years - 4 weeks paid vacation. WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the E0, the contractor must provide https://www.wdol.gov/wdol/scafiles/davisbacon/IL9.dvb?v=2 2/10/2017 Page 13 of 15 employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates https://www.wdol.gov/wdol/scafiles/davisbacon/IL9.dvb?v=2 2/10/2017 Page 14 of 15 the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be. * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 https://www.wdol.gov/wdol/scafiles/davisbacon/IL9.dvb?v=2 2/10/2017 Page 15 of 15 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION https://www.wdol.gov/wdol/scafiles/davisbacon/IL9.dvb?v=2 2/10/2017 Q�Q U K r W C7 IL N O a a Y J Z Q Ri W Z O O Z LL Z Lu O m aQc�i¢ 0 2 _ _J r E > N M 0 0 0 0 0 0 0 0 0 0 CRc Z J Z a 0 0 0 EA EA N O m r F U w U0 m � J N Z c J O r N O o> O O O OJ O Z (6m J O C 7 U O o o 0 O 0 o 0 O 0 o 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 O c U Z O O O O M O O N M O r O O O W O N O N N N Z O N O U o F U � H V �0 7 p ce c ZQ p 0 O 0 N 0 N N (O O N O O O O O O O N O O U ro o m v o ai o� ui Lu Q en <n c» ao O j 000 0 0 0 00 00 ui N '� U3 EA V Uj W Z � ~ON O O fA EA � O o 0 U » U 3 J > m — K Y � co U Z m t O O N N N r N r O O O O O O O N O N O r U ui ui �i N ui v of o o vi Z U O 0 o 0 0 0 0 o 0 O 0 o 0 0 0 0 0 0 0 0 0 O U O ? N N O O O O O O O N W O O O O O N O N N r WN N U3 EA O O_ V EA M- EA fA M W y o U � d o 0 V � J Ir O O N O N O r O O N O W O N N (O N (D N O O V 0 ^ N fA EA fA M� N� EA f13 W '� N C 0 p �U 2 U 0 0 0 0 0 0 0 0 0 0 ON 0 0 0 0 0 0 0 0 0 0ui c (pN Lu 75 Q r O f0 O O O O NO N M W Z_ = ~ C7 ZW O N N O O O O O N O Lu O N 1� M mLl O O O r O C p N N N N N O N O O N U 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c Z O O O O O O O Lq M io N V3 N V3 O M M O Of � J f N Y Z J Q Oa °o o o o 0 0 0 0 0 V o% o �2 ON o � 7 U J Q N (NO75 O r M U N O O ~ U E9 EA r N J Q Q M J -j 3 � U � p N O W r W N W Zr o N CO '� N a W EA V3 rn V3 rn a EA W m M rn H3 � O � U t Village of Mount Prospect GIS Notes 1:18,056 0.6 0 028 0.6 Miles This map is a user generated static output from an Internet mapping site and Is for reference only. Data layers that appear on this map may or may rot be WGS 1114_Weh_Mercator _A—lia-Sphere accurate, current, or otherwise reliable. ©Village cf Mount Prospect, IT THIS MAP IS NOT TO BE USED FOR NAVIGATION Bid Form Page 9 BID FORM 2017 CDBG Sidewalk Program Village of Mount Prospect Department of Public Works FROM: A. F��C1)efj -- � (���C',��6F�J�� �'��. 73 (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: 112017 CDBG Sidewalk Program" 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 Other materials or standards provided or noted by the Village Contract Document Performance Bond Form Labor and Materials Payment 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: Bidder has bid on all items and has provided a price for all items. The Bidder acknowledges that it is responsible for verification of all pipe sizes and depths prior to the ordering of materials. 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. 32 Bid Form Page 2 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 /Q Failure to acknowledge receipt, as provided above, may be considered sufficient grounds for disqualification of the bidder and rejection of his/her bid submittal. A record of all Addenda and copies of same will be available to all qualified bidders from the Village of Mount Prospect Public Works Department, 1700 West Central Road, Mount Prospect, Illinois two (2) days prior to the letting. It shall be the bidder's responsibility to become fully advised of all Addenda prior to submitting its bid. Upon award 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 within forty-five (45) consecutive calendar days 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". 33 Bid Form Page 3 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:G(,,q)C6CLIQ p, 4 1 A � Y --L-y7- - M (Signature) Name & Title: �L6D e-7 Date: Contact Information: Official Address: J-%56 Telephone: Email: 34 VILLAGE OF MOUNT PROSPECT AFFIDAVIT — BID CERTIFICATION FORM Bidder: l v Company/Firm Name: < E - r,-6 c;4-) 0 0 Address: -7�6 �, �tzn r'4 IL ��Y-)76 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, 6jR kT 'C't R6(:—p I�, being first duly sworn on oath, deposes and states that he or she isj�� (sole owner, partner, joint ventured, President, Secretary, etc.) of c14KOF- )E ff1 , l and has the authority to make all (Name of Company).go--4-(k_'6 = le. t c� �i� , , INC-, 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 `. C! 4jZf� `P-. k ca4pe /Ale. (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 QCk�'Lt'� (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, 35 Page 2 - AFFIDAVIT — BID CERTIFICATION FORM Section IV Tax Payment The undersianed further statesthat�_�i �Ld j y� � (_ C� Wye i��' , 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<T � Aj ?o 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 , ifies t t I infor tion contained in this Affidavit is true and correct. Signed by: Title: j b K 1� Signature Name Printed: k_ -/S 1__a E K - Signed and sworn to before me this My commission expires: )�1-1Q0AN Pub& "OFFICIAL SEAL° MARY L. BROUNT NOTARY PUBLIC, STATE OF ILLINOIS , MY COMMISSION EXPIRES 415'2020 Io day of )20/7 , 20/7 BID SECURITY Included with this bid is a bank cashier's check, certified check or bid bond in the amount of ItXu.Pik PON , being ten percent (10%) of the total amount bid by zc'-Tw., the Bidder, in favor of the Village of Mount Prospect. It is hereby agreed that, should Br 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 l 4k SEAL (if corporation) DAY OF Azr-en , 20-L7 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 37 BID SHEET "2017 CDBG Sidewalk Program" (TO BE FILLED OUT BY THE CONTRACTOR/BIDDER) The Bidder will complete pricing for all items (# 1-10) to provide all labor, equipment, materials and mobilization (if applicable) to perform this work. The fixed item price given is to be all inclusive. ITE NO.M DESCRIPTION UNIT QUANTITY NIT URICE TOTAL 1 SPECIAL EXCAVATION CUYD 50 a ,&0 /J 2 PCC SIDEWALK, 5" SQFT 200 S" 5_0 )) / OC-) 3 PCC SIDEWALK, 8" SQFT 1,500 cc 91 0 oo 4 PCC SIDEWALK REMOVAL AND REPLACEMENT, 5" SQFT 20,000 h_- A 6;?J' J 6 0 66 5 PCC SIDEWALK REMOVAL AND REPLACEMENT, 8" SQFT 8,000 (Do C-) 66 6 HOT -MIX ASPHALT PAVEMENT REMOVAL AND REPLACEMENT SQYD 300 6'0 7 COMB. CONC, CURB AND GUTTER REMOVAL AND REPLACEMENT FOOT 200 w 8 DETECTABLE WARNINGS SQFT 200 no on 9 CONCRETE CURE AND SEAL COMPOUND, SPECIAL SQYD 3,000 60 10 TOPSOIL FURNISH AND PLACE SQYD 300 t)e) TOTAL FOR ITEMS (1 -10) W*