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HomeMy WebLinkAbout04/05/2017 Sewer Catch Basin and Inlet Repair5/1/2017 BoardDocs® Pro 11 Agenda Item Details Meeting Apr 05, 2017 - REGULAR MEETING OF THE VILLAGE BOARD - 7:00 p.m. Category 5. CONSENT AGENDA Subject 5.4 Motion to accept bid sewer catch basin and inlet repair services in an amount not to exceed $93,560. Access Public Type Action (Consent) Preferred Date Apr 05, 2017 Absolute Date Apr 05, 2017 Fiscal Impact Yes Dollar Amount 93,560.00 Budgeted Yes Budget Source Water and Sewer Fund Recommended Accept the bid for a two (2) year (2017-2018) Catch Basin and Inlet Repair contract as submitted Action by R.A. Mancini, Inc. in a not to exceed annual amount of $93,560. Staff also requests authority to extend the contract by one (1) year (2019) if performance is satisfactory and the contractor agrees to maintain pricing. Public Content Information The proposed contract provides for the repair of village -owned catch basins and inlets. Catch basins and inlets are drainage structures that collect rain water and convey it to storm sewer mains and/or combined sewer mains. Many of these storm water drainage structures are constructed of brick. Over time, the mortar, brick or block deteriorate requiring patching, reconstructing, or total replacement. The repairs are typically performed with concrete adjustment rings or precast cones to minimize future deterioration of the mortar joints. This work is generally completed by late August ensuring that all structures are in good repair for the fall rainy season and to minimize any possible winter failures. Repairs are completed on an annual basis; the previous award was approved in 2014 as a two-year contract with a one-year extension. In exploring different opportunities to accomplish this task, staff looked to utilize the Municipal Partnering Initiative (MPI). MPI currently does not have an active contract for catch basin and inlet repair. A contract for catch basin and inlet repair was discussed at the annual MPI meeting in December 2016, but did not garner enough support to justify a joint bid for these services. As such, staff elected to seek competitive bids via an in-house letting. The bid award is for a 2 (two) year (2017-2018) catch basin and inlet repair contract. The bid also includes an option to extend the contract one additional year (2019) if both parties agree. Detailed bid specifications were prepared by staff. Public notice was placed in a local paper and posted on the Onvia DemandStar public bidding website. The following ten (10) bids were received and publicly opened on March 13, 2017 at 1:00 p.m., at the Village Hall: hftps://www. boarddocs. com /i I /vom p/Board. nsf/Private?open&I ogi n# 1/3 5/1/2017 BoardDocs@ Pro Accept the lowest cost bid for a two (2) year (2017-2018) Catch Basin and Inlet Cleaning Contract as submitted by United Septic, Incorporated in a not to exceed annual amount of $38,750. Staff also requests authority to extend the contract by one (1) year (2019) if performance is satisfactory and the contractor agrees to maintain pricing. Motion by Paul Hoefert, second by Steve Polit. Final Resolution: Motion Carries Yea: Paul Hoefert, Steve Polit, Colleen Saccotelli, Michael Zadel Not Present at Vote: John Matuszak, Richard Rogers https://www.boarddocs.comAl/vomp/Board.nsf/Private?open&login# 3/3 BID SHEET CATCH BASIN AND INLET REPAIR CONTRACT 2017-2018 The undersigned herewith submits a bid on Catch Basin and Inlet Repair Contract 2017-2018 in accordance with the attached documents. All bids are to be delivered to the office of the Village Manager at 50 South Emerson Street 3rd Floor, Mount Prospect, Illinois, 60056, prior to 1:00p.m. on March 13, 2017. 2017 SCHEDULE OF PRICES We will perform the services as outlined Catch Basin and Inlet Repair Contract for sums as follows: We will perform the service as outlined on the Task Schedule sheets for sums as follows. Item Item Unit Est. Unit Price Total No. Qty. 1 Structure to be adjusted EA 10 2 Structure to be reconstructed EA 8 3 Inlet to be replaced EA 10 I :�- 19' ' I c` CO, 4 Manhole to be replaced/installed EA 5 21 "" 00009 4 Catch basin to be replaced EA 10 oV — 5 Curb and Gutter removal and LF 220 replacement 6 Pavement removal and SY 50 replacement 7 Sidewalk removal and replacement SF 250 �-, 8 Storm sewer pipe SDR 26 - 8" LF 50 * Quantities estimated for pricing purposes only,. Total Village Catch Basin and Inlet Repair Contract: year 2017 /V l�Ne� � .r s 11'; I � Submitted this day of,�/l'apah , 2017. 46�- 33 481 Scotland Road, Unit 101 Lakemoor, IL 60051 Phone: (815) 344-0600 Fax: (815) 344-0601 Please attach to proposal 2017 & 2018 CATCH BASIN AND INLET REPAIR CONTRACT MOUNT PROSPECT Daily trip charge for any line item shall equal $4,000.00 or greater Bid Request for Catch Basin and Inlet Repair Contract 2017-2018 BID OPENING: Monday, March 13, 2017 - 1:00 p.m. local time Mount Prospect Public Works Department 1700 W. Central Road, Mount Prospect, Illinois 60056-2229 LOMM -.r.r4r, MIN Emma 2017-2018 Table of Contents Section Page Notice to Bidders 1 Table of Contents 2 Bid Packet Information 3 Instructions to Bidders 7 Specifications 11 General Conditions 14 Proposal Form - Exhibit A 23 Bid Form 26 Affidavit — Proposal Certification Form 29 Bid Security 31 Bid Sheet 32 Contract - Exhibit B 34 Performance Bond 40 Labor and Material Payment Bond 42 2 1. RECEIPT OF PROPOSALS Sealed bid proposals to provide catch basin and inlet repair services must be received in the Village Manager's Office, at 50 South Emerson Street 3`d Floor, Mount Prospect, Illinois 60056, no later than 1,00p.m. on March 13, 2017. Bids arriving after that time will not be accepted. Mailed bids, which are delivered after the specified hour, will not be accepted regardless of postmarked time on the envelope. Electronic mail (email) and/or facsimile transmitted bids will not be accepted. All bid proposals will be publicly opened and prices read aloud thereafter on the same date at the Mount Prospect Village Hall, 50 South Emerson Street, Mount Prospect, Illinois, 2. HOW TO SUBMIT A BID The bid proposal must be delivered in a sealed envelope to the Village Hall and marked to the attention of the "Village Manager". The bid proposal must be clearly marked: Sealed Bid "CATCH BASIN AND INLET REPAIR CONTRACT 2017-2018" and the date of the bid opening. No proposal will be considered unless it is submitted on the bid proposal form, Exhibit A, included in this bid packet. The bid proposal must be typewritten or legibly completed in ink. Any erasures or revisions in the bid proposal must be initialed by the person signing the proposal. Should a bidder wish to qualify his bid or make special stipulations thereto, such qualifications or stipulations shall be stated on standard letter size sheets of paper, separate from the proposal form but included within the sealed proposal. It will be the sole responsibility of the bidder to ensure that his or her bid reaches the Mount Prospect Village Manager's Office on or before the deadline for bid submissions set forth above. Any bid that is not sealed or marked as specified in the requirements for submitting a bid will be disqualified from the bidding process. 3. QUALIFICATION OF BIDDERS To be entitled to consideration, bids must be submitted in accordance with this Notice to Bidders and the "Village of Mount Prospect Instructions to Bidders", and on the Proposal Form (Exhibit A). In addition, bidders must be licensed to do business in the Village of Mount Prospect, and must furnish satisfactory evidence of their professional experience and ability to meet the performance requirements of the Catch Basin and Inlet Repair Contract 2017-2018 (Exhibit 8). 4. AWARD OF CONTRACT TO SUCCESSFUL BIDDER 4 5. CONTRACT The specifications and terms for award of this contract include all of those set forth in this Notice to Bidder, the Instructions to Bidder, the Proposal Form (Exhibit A), the Specifications, the General Conditions, the Bid Form, the Affidavit — Bid Certification Form, the Bid Security Form, the Bid Sheet and "CATCH BASIN AND INLET REPAIR CONTRACT 2017-2018" (Exhibit B). The successful bidder will be required to execute the Catch Basin and Inlet Repair Contract 2017-2018 for the duration specified in that contract and the successful bidder's submitted Bid Proposal Form will be attached to and incorporated into that Contract. 11 8. 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 and 5/33E-4); compliance with the Illinois Drug Free Workplace Act (30 ILCS 580/1 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 with the Illinois Human Rights Act (775 ILCS 5/2-105, as amended). 9. Any bidder in doubt as to the true meaning of any part of the Specifications or other did documents shall submit a written request for interpretation to Scott Moe, 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. 10. Prices shall be provided for each service required to be performed under the contract. 11.All equipment and material bid shall be in accordance with all applicable federal, state and local laws, rules and regulations in effect at the time of the bid. 12. Bids will be considered on equipment or material complying substantially with the specifications, provided each deviation is stated and the substitution is described, including technical data when applicable, in a letter attached to the bid. The Village reserves the right to determine whether such substitutions or deviations are within the intent of the specifications and will reasonably meet the service requirements of the applicable Village Department. Brand names which may be mentioned in the specifications do not indicate a preference and are used only as a reference to the type and quality of materials or equipment desired. 13.The brand name and/or manufacturer of each item proposed must be clearly stated. Guarantee and/or warranty information must be included with this bid. 14. 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 the federal Occupational Safety and Health Act ("OSHA"), are being complied with in connection with the bid and any resultant contract or purchase by the Village. 91 Questions about this Request for Bids should be directed to: Catch Basin and Inlet Repair Contract 2017-2018 Scott Moe, Streets & Building Superintendent Mount Prospect Public Works Department 1700 West Central Road Mount Prospect, Illinois 60056 Phone: 847.870.5640 Email: smoe@mountprospect.org 10 CURB AND GUTTER REMOVAL AND REPLACEMENT This work shall consist of removing and disposing the existing curb, gutter, or curb and gutter that is broken, otherwise damaged, or required for the adjustment, reconstruction, or replacement of catch basins, inlets, manholes and valve vaults, and the replacement with new curb, gutter, or curb and gutter of a type similar to that which is existing, in accordance with the applicable portions of Section 606 of the Standard Specifications and as directed by the inspector. The Contractor shall machine -saw a perpendicular clean joint between that portion of the curb, gutter, or curb and gutter to be removed and which is to remain in place. Existing defective integral curb shall also be saw -cut a minimum of 18" into the pavement as measured from the back of curb. All soft and yielding spots or other unsuitable material under the defective curb and gutter shall be removed and replaced with crushed aggregate compacted to the satisfaction of the inspector. At no time shall the flow line of the replacement curb and gutter impede drainage to the inlet. Construction joints shall be provided at a spacing not to exceed 15' and shall be created by saw- cutting to a minimum depth of 1-1/2" or by use of a full -depth steel plate or edging tool. At the end of a day's pour, expansion joints shall be provided at the beginning and end of each return radius or at spacing not to exceed 90'. Expansion joints shall consist of two #6 bars x 24" long with 1/2" preformed expansion joint material conforming to the shape of the curb and gutter section. Two #4 continuous bars shall be placed between all expansion joints. The curb and gutter shall be properly finished after placement and approved curing methods incorporated immediately after final finishing. Preformed 1/2" expansion joints shall be provided where the sidewalk or concrete driveways abut against the concrete curb. It is the Contractor's responsibility to protect the fresh concrete curb and gutter from vandalism while it is curing. Any curb that is damaged or defaced shall be replaced or cleaned by the Contractor at his/her expense. Any ground adjacent to the curb, gutter, or curb and gutter that is removed or disturbed during the removal operations shall be restored to its original condition or better and to the satisfaction of the inspector after the new curb, gutter, or curb and gutter has been constructed. Once topsoil is placed, the Contractor shall furnish and place grass seed or sod, as directed, according to applicable portions of Section 250 of the standard specifications. This restoration shall not be paid for separately but shall be considered incidental to this item of work. BASIS OF PAYMENT This work shall be paid for at the contract unit price per linear foot for CURB AND GUTTER REMOVAL AND REPLACEMENT, which price shall include all labor, material 12 Basis of Pavement This work shall be paid for at the contract unit price per square yard for the Removal and Replacement of Bitumunous Pavement, which price shall include all labor, material and equipment necessary to remove and replace the bituminous pavement including the saw cutting and restoration as specified herein. 14 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. 5. 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. 6, PREVAILING WAGE. This contract calls for the construction of a "public work" within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/1, et seq., as amended (the "Act"). The Contractor and all subcontractors are required to pay wage rates in accordance with the Act to all laborers, workers and mechanics. The Village has adopted the prevailing wages as determined by the Illinois Department of Labor ("IDOL") for Cook County. The prevailing rate of wages is revised by the IDOL and is available on the IDOL website, + ww,state.il.usla enc /idol/rates/rates.HTM. The Contractor and all subcontractors are solely responsible for checking the Department's website for revisions to prevailing wage rates. In the event that the IDOL should revise the prevailing rate of wages, then the revised rates shall apply to this Contract. In no case shall any revision in the rates of prevailing wages result in an increase in the total Contract price. All bonds provided by the Contractor under the terms of this Contract shall include such provisions as will guarantee the faithful performance of the Contractor's obligations under this clause and under the Prevailing Wage Act, 820 ILCS 130/1 et. seq. Contractor shall comply with all applicable provisions of the Prevailing Wage Act, including, but not limited to, the requirements of Section 5 of the Prevailing Wage Act, 820 ILCS 130/5. The Contractor, and all Subcontractors and Sub -Subcontractors participating on the Project, shall make and keep those records required under Section 5 of the Prevailing Wage Act in paper or electronic format. In conformance with the Act, each contractor and subcontractor, or other entity performing work on the project, shall maintain records of all laborers, mechanics and other workers employed by them on the project, including the following information on each worker: (1) name; (2) address; (3) telephone number when available; (4) social security number; (5) classification or classifications; (6) gross and net wages paid in each pay period; (7) number of hours worked each day; (8) starting and ending times of each day; (9) hourly wage rate; (10) hourly overtime wage rate; (11) hourly fringe benefit rates; (12) the name and address of each fringe benefit fund; (13) the plan sponsor of each fringe benefit, if applicable; and (14) the IV such contractor default costs incurred by the Village exceeds the sum paid to the Village for the performance of the required services under the contract, the contractor and the surety shall be liable and shall pay to the Village the full cost of such additional expenses. B. Performance of the Re uired Services 1, 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. Z The performance of services under the contract includes the furnishing of all supervision, labor, materials, tools, equipment and incidentals of every kind and description necessary, in accordance with the contract documents. 3. The performance of services shall be subject at all times to inspection by the Village or its inspectors, and the contractor will be held strictly to the diligent execution of the contract. The Village or its inspectors shall be furnished with such information and assistance by the contractor as is required to make a complete and detailed inspection. Completed performance of services not complying with the contract may be rejected by the Village and shall be performed again by the contractor at no expense to the Village. 4, Except where the Specifications indicate otherwise, the Village is not responsible for providing any tools, equipment, or storage under the contract in order to permit the completion of any contractual obligations under the contract. 5. The contractor shall provide an adequate number of competently trained personnel with sufficient supervision to perform the services required, and the contractor shall provide identification of its personnel if requested by the Village. Any contractor's employee or representative whose employment is reasonably detrimental or objectionable to the Village shall be transferred immediately 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 performance of the services required under the contract, or as making the Village responsible for safety. 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 OSHA and the 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 the award of the bid. 18 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 an 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: Limit/ Limit/ Tvoe of Insurance Ea. Occurrence Aaareaate 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 $1,000,000 $1,000,000 Property Damage $1,000,000 $1,000,000 Workers Compensation Employee Claims Employers Liability Statutory for Illinois $1,000,000 per accident 4. Indemnification. The contractor shall indemnify and save harmless the Village, its officers, employees and agents from any and all liability, losses or damages, including attorneys fees and costs of defense, the Village may suffer as a result of claims, demands, suits, actions or proceedings of any kind or nature, including workers' compensation claims, in any way resulting from or arising out of the operations of the contractor under the contract, including operations of subcontractors; and the contractor shall, at his own expense, appear, defend and pay all attorneys fees 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. The 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 or unpatented invention, article or appliance furnished or used under the bid Specifications. 20 g. E ual 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 that will be produced to the Village upon request, and the Rules and Regulations of the Illinois Department of Human rights, including the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE, that is a material term of all public contracts, as set forth in Exhibit B. h ('nmr�li�nrc xmith �rccrinm of Infnrmntinn Art Pgnmiaet ^w%'iYPA l A IM'4J41 XWJW,m YW P.,WA A b 1 LY.rW 4AA W A v a wae. e+..m m xv vv �nv.sr+:. 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 has contracted. The Village will have only a very short 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 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 within two (2) business days of the request being made by the Village. The bidder/contractor agrees to indemnify and hold harmless the Village from all claims, costs, penalties, losses and injuries (including but not limited to, attorneys 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 under the contract. E. Work Guaranty General Guaranty. Neither partial or final payment, nor any provision in the contract, nor partial or entire use of the product/Work embraced in the contract by the Village or the Public shall constitute an acceptance of work not done in accordance with the contract, or relieve the contractor of liability in respect to any express warranties or responsibility for failure to comply with the terms of those contract documents. Unless otherwise expressly provided in the Specifications, in the event any defects or imperfections in the materials or workmanship to be furnished by the contractor herein appear within the period of two (2) years from the date of completion of all the Work and acceptance thereof by the Village, the contractor will, upon notice from said Village (which notice may be given by letter to said contractor to the business address of the contractor shown in the proposal), repair and make good at his own cost any such defects or imperfections and replace 22 EXHIBIT A (Upon award of contract, to be attached to Catch Basin and Inlet Repair Contract 2017-2018 as Exhibit A) Proposal Form, Village of Mount Prospect CATCH BASIN AND INLET REPAIR CONTRACT 2017-2018 OWNER INFORMATION Owner Name: Address: Business Name. Business Address: Home Phone: This Business is a: Business Phone: [] Individual Proprietorship ❑ Joint Venture ❑ Partnership ❑ Corporation 24 3. 1 am not barred by law from contracting with the Village because of a conviction for prior violations of either Sections 33E-3 or 33E4 of the Illinois Criminal Code of 1965 (720 ILCS 5/33E-3 (Bid Rigging) or 720 ILCS 5/33-4 (Bid Rotating)); 4. 1 am not delinquent in payment of any taxes to the Illinois Department of Revenue pursuant to Section 11-42.1-1 of the Illinois Municipal Code (65 ILCS 5/11-42.1-1) or in any payment, fee or tax owed to the Village; 5. 1 provide a drug free workplace pursuant to the Drug Free Workplace Act (30 ILCS 580/1, et seq.); 6. 1 shall comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et seq.), and the Rules and Regulations of the Illinois Department of Human Rights, including establishment and maintenance of a sexual harassment policy as required by Section 2-105 of that Article and Act; 7. 1 shall comply with the Americans with Disabilities Act, 8. 1 shall comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1 et seq.); and 9. All of the information I have provided in this Application has been truthful and given in good faith. I have read and understand the information provided with this Proposal Form, including the Notice to Bidders, Instructions to Bidder, the General Conditions, the Specifications and the Catch Basin and Inlet Repair Contract 2017-2018, and agree to abide by the conditions set forth therein. My signature below indicates my acceptance of all such conditions and my bid for award of the Village of Mount Prospect Catch Basin and Inlet Repair Contract 2017-2018. Name of Company Bid Submitted By Position in Company Phone No. Date Bidder must use the official firm name and authorized representative must sign, 26 The Village intends to award one (1) contract (if at all) for the items bid. If written notice of award of this bid is mailed, emailed or otherwise delivered to the Bidder at any time before this bid is withdrawn, the Bidder agrees to execute and deliver the contract in the prescribed form and furnish payment and performance bonds, or letter of credit, and the insurance certificates required by the Bid Documents to the Village within ten (10) business days after receipt. The Bidder, and as successful bidder/contractor upon award of the contract, understands and agrees to the following: 1) The contractor agrees to provide all required services and items and material to the Village as noted in the Bid Documents and comply with the requirements of the Bid Documents. 2) The contractor agrees to comply with all applicable federal and state laws, rules and regulations, and county and municipal ordinances, as described in the General Conditions. All Addenda pertaining to this project shall be acknowledged by the Bidder in the spaces provided below: Addendum No. Addendum -Date Acknowledgement by Bidder or Authorized Date Representative Acknowledqed Failure to acknowledge receipt, as provided above, may be considered sufficient grounds for disqualification of the bidder and rejection of his/her bid submittal. A record of all Addenda and copies of same will be available to all qualified bidders from the Village of Mount Prospect Public Works Department, 1700 West Central Road, Mount Prospect, Illinois two (2) days prior to the letting. It shall be the Bidder's responsibility to become fully advised of all Addenda prior to submitting its bid. Upon award of the contract, the Village will send Notice of Award to the successful Bidder, the Bidder must then execute the contract and provide the required bonds or letter of credit and certificate of insurance to the Village within ten (10) business days. The Village will then issue a written Notice to Proceed. Failure to complete the work in the designated time frame may result in the Director of Public Works withholding compensation due the contractor for failure to complete the said work in the designated time frame, calling the bonds, or taking such other action as may be available. Security in the sum of ten (10%) percent of the amount bid in form of (check one): Bid Bond Certified Check Bank Cashier's Check is attached hereto in accordance with the "Instructions for Bidders". 27 AFFIDAVIT — BID CERTIFICATION FORM Bidder: Company/Firm Name: Address: As a condition of entering into a contract with the Village of Mount Prospect, and under oath and penalty of perjury and possible termination of contract rights and debarment, the undersigned, , being first duly sworn on oath, deposes and states that he or she is (sole owner, partner, joint ventured, President, Secretary, etc.) of and has the authority to make all (Name of Company) certifications required by this affidavit. Section I Non -Collusion The undersigned certifies that this bid is genuine and not collusive or a sham, that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, to fix the bid price element of this bid, or of that of any other bidder, or to secure any advantage against any other bidder or any person interested in the proposed contract. Section II x . I I ZV 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 agreement that deals with the subject of the Substance Abuse Prevention in Public Works Projects Act, 820 ILCS 265/1 et seq., a substance abuse prevention program that meets or exceeds these requirements of that Act. Section IV Tax Payment The undersigned further states that (Name of Company) is 29 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 contract for services contemplated under this bid and fail or refuse to execute a contract for the performance of said services, or to provide the required payment and performance bonds, or letter of credit, and certificate of insurance, then this security, in the amount stipulated above, shall be forfeited and may be retained by the Village of Mount Prospect as liquidated damages and not as a penalty. All bids to remain firm for a period of ninety (90) days after bid opening date. SUBMITTED THIS DAY OF $ 2017. SEAL (if corporation) Bidder: Bidder's Agent and Agent's Title Title Note: If bidder is a partnership, the bid must be signed by at least two of the partners. Note: If bidder is a corporation, the bid must be signed by an authorized officer of the corporation, attested and sealed by the secretary or other authorized officer. If a corporation, note here the state of incorporation: Incorporated under the laws of the State of 31 We will perform the services as outlined Catch Basin and Inlet Repair Contract for sums as follows: We will perform the service as outlined on the Task Schedule sheets for sums as follows. Item Item Unit Est. Unit Price Total No. (tom. 1 Structure to be adjusted EA 10 2 Structure to be reconstructed EA 8 3 Inlet to be replaced EA 10 4 Manhole to be replaced/installed EA 5 4 Catch basin to be replaced EA 10 5 Curb and Gutter removal and LF 220 replacement 6 Pavement removal and SY 50 replacement 7 Sidewalk removal and replacement SF 250 8 Storm sewer pipe SDR 26 — 8" LF 50 * Quantities estimated for pricing purposes only.. Total Village Catch Basin and Inlet Repair Contract: $ year 2018 Submitted this day of $ 2017. Total Village Catch Basin and Inlet Repair Contract for 2017 & 2018 33 EXHIBIT B VILLAGE OF MOUNT PROSPECT CATCH BASIN AND INLET REPAIR CONTRACT 2017-2018 THIS AGREEMENT (hereinafter the "Contract") is entered into by and between the Village of Mount Prospect, an Illinois home rule municipality (hereinafter the "Village"), and 0 an , located at Illinois, (hereinafter the "Contractor"). GENERAL As stated in the bid document. 2. SPECIFICATIONS As stated in the bid document. 3. CONTRACTOR RESPONSIBILITY FOR PROPERTY/HOLD HARMLESS Contractor agrees to defend and hold harmless the Village from and against all demands, claims, suits, costs, expenses, damages and adjustments based upon any infringement of any patent relating to goods specified in the contract, and on account of the Village's use of any copyrighted or uncopyrighted, composition, trade secrets, secret process, proprietary rights, patented of unpatented invention, article or appliance furnished or used under the proposal Specifications. 4. ADHERENCE TO LAWS Employees and agents of Contractor shall obey all federal, state, county and municipal laws and ordinances during the execution of their duties under this Contract. The existence of this Contract does not exempt such individuals from compliance with such laws or ordinances, nor does it convey any special rights or privileges upon those individuals. Contractor shall meet all applicable licensing requirements of the Village In addition, Contractor is required to comply with all federal, state, county and municipal laws and ordinances, including the following: a. Provide a drug free workplace pursuant to the Illinois Drug Free Workplace Act (30 ILCS 580/1, et seq.); b. Comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1 et seq.); C. Comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et seq.), and the Rules and Regulations of the Illinois Department of Human Rights, including establishment and maintenance of a sexual harassment policy as required by Section 2-105 of that Article and Act; d. Comply with the Americans with Disabilities Act; and 35 or the contracting agency, and in all respects comply with the Illinois Human Rights Act and the Department's Rules. 6) That it will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purposes of investigation to ascertain compliance with the Illinois Human Rights Act and the Department's Rules. 7) That it will include verbatim or by reference the provisions of this clause in every subcontract it awards under which any portion of the contract obligations are undertaken or assumed, so that such provisions will be binding upon such subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by such subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply therewith. In addition, the contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. With respect to the two types of subcontracts referred to under paragraph 7 of the Equal Employment Opportunity Clause above, following is an excerpt of Section 750.30 of the Department of Human Right's Rules and Regulations for Public Contracts: Title 44, Part 750, Section 750.30, Illinois Administrative Code, Subcontracts Each public contractor and subcontractor shall in turn include the Equal Employment Opportunity Clause set forth in Appendix A of this Part in each of its subcontracts under which any portion of the contract obligations are undertaken or assumed, said inclusion to be either verbatim or by reference so that the provisions of the clause will be binding upon such subcontractors. 5. FEE SCHEDULE The charges to be assessed by Contractor under this Contract are set forth in the fee schedule contained in Exhibit A. 6. LOG BOOK, RECORDS & REPORTS REQUIRED The Contractor shall provide the Village with a written status report on its provision of services required by the Contract. This report shall be due before the tenth day of the following month. 7. METHODS OF PAYMENT Payment under the Contract will be made in accordance with the Illinois Local Government Prompt Payment Act, 50 ILCS 505/1 et seq. 37 term of the contract the Contract may be extended for up to one (1) additional year beyond the termination date by mutual, written agreement between the Village and the Contractor. The Contractor must agree to hold their prices at the same rate as the previous year. The Village reserves the right to re -bid the contract at the end of any contract period. 12. QOMPLIANCE WITH FREEDOM OF INFORMATION ACT REQUEST The Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1 et seq., applies to public records in the possession of a party with whom the Village has contracted. The Village will have only a very short period of time from receipt of a FOIA request to comply with the request, and there is a significant amount of work required to process a request including collating and reviewing the information. Contractor acknowledges the requirements of FOIA and agrees to comply with all requests made by the Village for public records (as that term is defined by Section 2(c) of FOIA) in its possession and to provide the requested public records to the Village within two (2) business days of the request being made by the Village. Contractor agrees to indemnify and hold harmless the Village from all claims, costs, penalty, losses and injuries (including but not limited to, attorney's fees, other professional fees, court costs and/or arbitration or other dispute resolution costs) arising out of or relating to its failure to provide the public records to the Village under this Contract. 13. Contractor shall not assign this Contract or any part thereof without the prior written consent of the Village. Approval, if any, for such assignment shall be made by the Corporate Authorities of the Village. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective assigns, legal representatives and successors in interest. 14. GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws of the State of Illinois and applicable federal law. Venue shall only be proper in a court of competent jurisdiction located within the County of Cook, Illinois. 15. SEVERABILITY The invalidity or unenforceability of one or more of the terms or provisions contained in this Contract shall not affect the validity or enforceability of the remaining terms and provisions of this Contract so long as the material purposes of this contract can be determined and effectuated. 16. INTERPRETATION Any headings of the Contract are for convenience of reference only and do not define or limit the provisions thereof. Words of gender shall be deemed and construed to include correlative words of other genders. Words importing the singular shall include the plural and vice versa, unless the context shall otherwise indicate. All references to any person or entity shall be deemed to include any person or entity succeeding to the rights, duties and obligations of such person or entity succeeding to the rights, duties and obligations of such person or entity in accordance with the terms and conditions of the Contract. 39 Secretary (Corporate Seal) 41 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 , 2017. Contractor By: Signature Title ATTEST: Corporate Secretary (corporations only) STATE OF 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 is subscribed to the foregoing instrument on behalf of Surety, appeared before me this day in person and acknowledge respectively that he/she signed, sealed, and delivered said instrument as his/her free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this Notary Signature: — day of M 2017. My Commission expires: 43 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 , 2017. Contractor By: Signature Title ATTEST: Corporate Secretary (corporations only) STATE OF 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 is subscribed to the foregoing instrument on behalf of Surety, appeared before me this day in person and acknowledge respectively that he/she signed, sealed, and delivered said instrument as his/her free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this Notary Signature: day of , 2017. My Commission expires: (Attach Surety's Power of Attorney) 45