HomeMy WebLinkAbout8.2 Motion to Accept Bid for Phase 2 of the Fabrication and Installation of Wayfinding Signs Project in an Amount Not to Exceed $90,6332/20/2018 BoardDocs® Pro
Agenda Item Details
Meeting Feb 20, 2018 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - 7:00 p.m.
Category 8. VILLAGE MANAGER'S REPORT
Subject 8.2 Motion to accept bid for Phase 2 of the Fabrication and Installation of Wayfinding Signs
Project in an amount not to exceed $90,633.
Type Action
Preferred Date Feb 20, 2018
Absolute Date Feb 20, 2018
Fiscal Impact Yes
Dollar Amount 90,633.00
Budgeted Yes
Budget Source Prospect and Main Tax Increment Financing Fund
Recommended Action Accept the lowest cost, responsive bid to manufacture and install Phase 2 of the Fabrication
and Installation of Wayfinding Signs Project as submitted by South Water Signs of Elmhurst,
Illinois in an amount not to exceed $90,633.
Background
The Downtown Implementation Plan includes a recommendation to implement a wayfinding signage program.
Wayfinding, such as directional signs, information kiosks, and gateway signage is designed and scaled to direct both
vehicular and pedestrian traffic to downtown services, shops, parking and transit. The design package was presented at
the October 13, 2015 Committee of the Whole meeting for feedback; revisions to the design package based up on Village
Board comments were incorporated in the final design documents and summarized in a memo to the board on February
11, 2016.
The initial phase of this program (Phase 1) was completed in 2017. It included signage for public parking lots and the
parking garage entrance sign (P Series signs), vehicular wayfinding signs throughout the downtown (B Series signs), and
Downtown identity signs (A Series signs) which are mounted on existing light poles along Northwest Highway, Main
Street and Central Road. The final phase of this project (Phase 2), is slated for bidding and installation this year (2018).
Phase 2 features pedestrian kiosk signs (C Series signs).
Pedestrian kiosk signs include maps of the downtown with "you are here" designations, and event panels which list the
dates of major community events such as the Block Party or Farmers Market. The kiosk signs are designed to be updated
as needed at a nominal cost as the foundation hardware will remain in place.
Attachment A contains a map denoting Phase 2 sign locations. A copy of the bid document is enclosed as Attachment B.
Phase 2 is the final iteration of planned wayfinding sign improvements in the downtown area.
Bid Results
At 1:00 p.m. on January 29, 2018, sealed bids were publicly opened and read aloud for Phase 2 of the Fabrication and
Installation of Wayfinding Signs Project. A bid notice was published on the Village website and the Onvia OnDemand bid
clearinghouse website. In addition, six (6) contractors were notified of the project. Six (6) sign fabricators picked up
contract bid documents and three (3) submitted a bid. The bid opening results were as follows:
Bidder Bid
South
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Geo ra h Industries $113,915
A low bid of $82,394 was received from South Water Signs of Elmhurst, Illinois. All bidders properly signed bid
documents and submitted a bid bond in the amount of 10% of their total bid as required by the contract documents. The
sign designer's estimate of cost was $150,000.
Discussion
South Water Signs has never performed work for the Village on a public improvement project. Staff contacted other
municipalities that have worked with South Water Signs on similar wayfinding signage projects including the Village of
Palatine, Alsip, and Romeoville. All of these communities indicated that the firm performed well; delivering quality
products on schedule and under budget.
In addition, the Village's wayfinding sign design consultant, Media Objectives of Chicago, Illinois, advised they are
familiar with South Water Signs' work. Media Objectives considers the firm well qualified to prosecute a project of this
scale and scope.
A copy of South Water Signs bid submittal is enclosed as Attachment C.
The low bid of $82,394 is based on anticipated quantities. To cover unexpected variances, staff recommends that a
contingency of 10% of the bid price be added to the contract. This equates to an additional $8,239. Therefore, the total
recommended award would be for an amount not to exceed $90,633.
Alternatives
1. Accept lowest cost, responsive bid to manufacture and install Phase 2 of the Fabrication and Installation of
Wayfinding Signs Project.
2. Action at discretion of Village Board.
Staff Recommendation
Staff recommends that the Village Board accept the lowest cost, responsive bid to manufacture and install Phase 2 of the
Fabrication and Installation of Wayfinding Signs Project as submitted by South Water Signs of Elmhurst, Illinois in an
amount not to exceed $90,633.
Attachment B _Bid Request for Fabrication and Installation of Wayfinding Signage_2018-01-11 (1).pdf (68,896
KB)
i
Kiosk Elevations.jpg (808 KB)
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Bid Request
For
Fabrication and Installation of Wayfinding Signage
BID OPENING: January 29, 2018
1:00 P.M. Local Time
Mount Prospect Public Works Department
1700 W. Central Road, Mount Prospect, Illinois 60056-2229
NOTICE TO BIDDERS
Bid for
Fabrication and Installation of Wayfinding Signage
Sealed bids will be received until 1:00 p.m. on January 29,2018 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
Fabrication and Installation of Wayfinding Signage". The project includes the
fabrication and installation of wayfinding signs and appurtenances as described in the
detailed Special Provisions.
Plans and specifications may be obtained at the Village of Mount Prospect's Onvia Demandstar
website by using the following link::
https://www.demandstar.com/supplier/bids/agency inc/bid list.asp?f=search&mi=2085646
All work under this Bid and the resulting contract shall comply with the Illinois
Prevailing Wage Act, 820 ILCS 130/0.01 et seq. and the other applicable laws and
ordinances.
Offers may not be withdrawn for a period of ninety (90) days after the bid date without
the consent of the Board of Trustees.
Any Bid submitted unsealed, unsigned, sent via email or fax or received subsequent to
the aforementioned date and time, will be disqualified and returned to the bidder.
The Village reserves the right in its sole discretion, to reject any and all bids or parts
thereof, to waive any irregularities technicalities and informalities in bid procedures and
to award the contract in a manner best serving the interests of the Village.
Village Manager
Michael Cassady
2
Fabrication and Installation of Wayfinding Signage
Fabrication and Installation of Wayfinding Signage
Table of Contents
Section Paw
Notice to Bidders 2
Table of Contents 3
Instructions to Bidders 4
General Conditions 10
Special Provisions 31
Bid Form 33
Affidavit — Bid Certification Form 36
Bid Sheet 39
Contract 41
Labor and Material Payment Bond 47
Performance Bond 50
3
Fabrication and Installation of Wayfinding Signage
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 January 29, 2018. Envelopes shall be plainly
marked, "Sealed Bid for Fabrication and Installation of Wayfinding Signage" 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) 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.
3) Erasures. All erasures or revisions of the bid must be initialed by the person signing
the bid.
4) 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.
5) Late Bids. Bids arriving after the specified time, whether sent by mail, courier, or in
person, will not be accepted. These bids will either be refused or returned unopened.
It is the bidder's responsibility for timely delivery regardless of the method used.
Mailed bids which are delivered after the specified hour will not be accepted
regardless of post marked time on the envelope.
6) Bids By Email And Fax. Email and Facsimile machine transmitted bids will not be
accepted.
7) 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.
8) 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.
9) 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.
10)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.
Fabrication and Installation of Wayfinding Signage
11)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.
12)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.
13)lnterpretation 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.
14)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.
15)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.
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Fabrication and Installation of Wayfinding Signage
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.
16)Award Or Rejection. 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.
17)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.
Fabrication and Installation of Wayfinding Signage
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 regarding 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.
18)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.
19)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.
20)lnterpretation Of Bid Documents. Any bidder in doubt as to the true meaning of any
part of the Specifications or other bid documents shall submit a written request for
interpretation to Scott Moe at smoe(a-mountprospect.orq, 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.
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Fabrication and Installation of Wayfinding Signage
In the event that the Village finds a question to be adequately addressed in the
existing bidding documents, the question may be answered in writing by directing
the requesting bidder to the applicable provision(s) in the existing bid documents.
No further clarifications or interpretations will be issued.
Bidders will acknowledge receipt of any addendum issued by so noting on the bid
sheet. Oral explanations are not binding.
Questions about this Request for Bids should be directed to:
Scott Moe
Superintendent of Public Works
Village of Mount Prospect
1700 West Central Road
Mount Prospect, IL 60056
Phone: 847-392-6000
Email: smoe@mountprospect.org
Fabrication and Installation of Wayfinding Signage
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 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 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 fabricate,
furnish and install 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.
Io
Fabrication and Installation of Wayfinding Signage
The phrase "Final Performance Date" shall mean the date that Substantial
Performance and the punch list items must be completed.
The term "Inspector" shall mean the authorized representative of the Director of
Public Works assigned to make detailed inspection of any or all portions of the work
or materials therefore.
The phrase "Notice of Award" shall mean the written notice of award of the contract
given by the Village to the successful bidder.
The phrase "Notice to Bidders" shall mean the official notice included in the bid
inviting bids for the proposed improvements.
The phrase "Notice to Proceed" shall mean the official notice to the contractor that
will start the performance period.
The phrase "Performance Period" shall mean the time allotted for contractor to
perform the contract from start to Substantial Performance.
The term "Owner" shall mean the Village of Mount Prospect.
The phrases "Payment 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 "Punch list" shall mean a list of items to be completed after Substantial
Performance.
The phrase "Special Provisions" shall mean any special directions and requirements
prepared to cover the method or manner of performing work on a particular project,
or cover the quantities or quality of the materials to be furnished under the contract
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,
11
Fabrication and Installation of Wayfinding Signage
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.
The term "Subcontractor" shall mean any individual, firm or corporation other than
the contractor supplying labor, equipment, tools and materials for use in the work of
the contract.
The phrase "Substantial Performance" shall mean the date that the entire Project
can be used for the purposes for which it was intended, i.e., only punch list items
remain.
The phrase "Substantial Performance Date" shall mean the date that substantial
performance must be completed.
The term "Village" shall mean the Village of Mount Prospect, Illinois.
The terms "Village Manager" or "Manager" shall mean the Village Manager of the
Village of Mount Prospect, Illinois or his duly appointed representative.
The terms "Work" and "Project" are used interchangeably and shall mean the
improvement advertised for letting, described in the bid form, indicated on the plans,
and covered in the specifications and contract, and authorized alterations,
extensions and deductions, including labor, tools, equipment, materials and
incidentals necessary for the satisfactory completion of the project.
2) Award of contract; Performance; Payment.
a. Award of Contract. The Village will issue a Notice of Award to the successful
bidder, advising that it has been awarded the contract. Within ten (10) days of
delivery of the Notice of Award, by personal service or registered or certified U.S.
mail, posted prepaid and receipt requested, Contractor shall execute the
Contract, attached to the Bid Documents, and furnish the Village with the required
bonds and certificate of insurance.
b. Notice to Proceed. Upon the Village's receipt of the executed Contract, required
bonds and certificate of insurance, the Village will issue and send to Contractor a
Notice to Proceed, which will start the performance period.
c. Substantial Performance; Final Completion.
i. The Contract shall be substantially performed within seventy (70) days
after the Notice to Proceed is effective (the Substantial Performance
12
Fabrication and Installation of Wayfinding Signage
Date"). Substantial Performance is when the entire Project can be used for
the purposes for which it was intended, i.e., only punch list items remain.
ii. Final completion shall be within thirty (30) days after the Substantial
Performance Date (the "Final Performance Date").
d. Prosect Schedule. Within ten (10) days after the Contractor executes the Contract,
Contractor shall submit to Village a Project Schedule to include targeted dates
of completion of all construction and other requirements of the Contractor
through the Substantial Completion Date. Contractor shall monitor schedule
progress and provide monthly updates and revisions of the Project Schedule,
as needed to Village.
e. Liquidated Damages for Inexcusable Delay.
i. Time is of the essence. The Contractor agrees that all work included in
connection with this project must be completed by the Final Performance
Date, or sooner, after receipt of Notice To Proceed. It is hereby
acknowledged and agreed by both parties that the damages to the Village
are not readily ascertainable but that the failure to timely complete this
Work will materially and significantly damage the safety and well-being of
the Village, its staff and the public, and that therefore a sum of 1,000.00
per day is a fair and reasonable damage estimate to compensate the
Village for any such delay. If the Contractor fails to fully complete the
Work in that time, then and in this event, the Contractor further expressly
agrees that, for each day this Work and this contract shall remain
uncompleted after that date, the Village may deduct the sum of $1,000.00
per day after the Final Performance Date, from the contract price as
payment to the Village, by the Contractor of the liquidated damages
sustained by reason of failure of the Contractor to complete the Project on
or before the time aforesaid.
ii. Provided, however, that if the completion of this contract is delayed by the
Village, by general strikes, acts of God, or casualty beyond the control of
the Contractor, then and in such event, the time of completion of this
contract shall be extended for such additional time as shall be caused by
such delay.
iii. Provided, always, however, that the Contractor shall, at the time of such
delay, if any, demand of the Village, in writing, such additional time within
which to complete the performance of the Contract. The Contractor will be
required to notify the Village within three (3) days of such delay, stating
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.
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Fabrication and Installation of Wayfinding Signage
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.
i. 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.
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. Such materials, when so paid
for by the Village, shall become the property of the Village, and in the event of
default by the Village, shall become the property of the Village, and in the event
of default by the contractor, the Village may use or cause to be used such
materials in the construction of the work provided for in the contract. The amount
thus paid by the Village shall be deducted from estimates due the contractor as
the material is used in the work.
Partial payment for work or materials shall not be construed as an acceptance of
the work or any part of it, or as a waiver of any provisions of the contract. Partial
payment will only be granted if in the opinion of the Village sufficient labor and
materials have been expended to warrant it.
If partial payments are requested, the Contractor shall submit with each payment
request a properly completed Contractor's Affidavit setting out, under oath, the
name, address and amount due or to become due, of Contractor, each
subcontractor, vendor, supplier or other appropriate party included in its cost, and
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.
j. Acceptance and Final Payment. Whenever the Work shall have been completely
performed on the part of the contractor, including Punch list items, and all parts
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Fabrication and Installation of Wayfinding Signage
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. The Contractor shall assign over to the Village all
manufacturers' and suppliers' warranties respecting any part of the Work. The
Contractor shall also deliver to the Village the required maintenance bond prior
to Final Payment and upon receipt of Final Payment a set of Plans and
Specifications annotated to show the Project "as -built."
The acceptance by the contractor of the final payment shall constitute a release
and waiver of any and all rights and privileges under the terms of the contract;
further, the acceptance by the contractor of final payment shall relieve the Village
from any and all claims or liabilities for anything done or furnished relative to the
Work or for any act or neglect on the part of the Village relating to or connected
with the Work.
k. Punch list. The Contractor shall notify the Village when it believes substantial
performance of the entire Project has been achieved. The Village, and/or any
independent consultant engaged by the Village, shall then inspect the Project site
with the Contractor, and prepare and deliver to the Contractor within five (5) days
thereafter, a written Punch list indicating items of construction which are not in
material conformity with the Contract Documents. The Punch list items shall be
completed by the Final Performance Date. Pending completion of Punch list
items, the Village may withhold from amounts due to the Contractor an amount
equal to but not greater than one and one-half (1'/2) times the estimated cost to
complete Punch list items.
Final Policing of the Sites. Before the completed work will be ready for the
Village's final inspection, the contractor shall have removed from the project sites
all surplus equipment, machinery, materials, debris, barricades, and signs. The
contractor shall leave said project sites in the best possible condition to the
complete satisfaction of the Village.
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Fabrication and Installation of Wayfinding Signage
m. Final Inspection. The Village shall make final inspection of all of the Work, as
soon as practicable after notification in writing by the contractor that the work is
completed and ready for acceptance. If the Work is not acceptable to the Village
at the time of such inspection, the Village shall inform the contractor as to the
particular defects to be remedied before final acceptance can be made.
n. Alterations, Cancellations, Extensions and Deductions. The Village reserves the
right to alter the plans, extend or shorten the improvement, add such incidental
work as may be necessary, and increase or decrease the quantities of work to be
performed to accord with such changes, including the deduction or cancellation
of any one or more of the unit price items. Such changes shall not be considered
as a waiver of any condition of the contract nor to invalidate any of the provisions
thereof. A written change order may apply.
All Work shall be done under the supervision of the Village's Director of Public
Works, or a designated representative who shall decide all questions which arise
as to the quality and acceptability of materials furnished, work performed, manner
of performance, rate of progress of the work, interpretation of the plans and
specifications, acceptable fulfillment of the contract, compensation and disputes
and mutual rights between contractors under the specifications.
Change Orders. The Village may from time to time require changes in the Work.
Such changes shall comply with Section 33-E9 of the Criminal Code, 720 ILCS
5/33E-9.
m. Right of the Village to Terminate the Contract.
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.
ii. Upon declaration of Contractor's default, the Village may, at its option, call
upon the surety to complete the Work in accordance with the terms of this
Contract or may take over the Work, including any materials on the Work
site as may be suitable and acceptable to the Village and may complete
the Work by its own forces or on its own account, or may enter into a new
contract or contracts for the completion of the Work, or may use such
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Fabrication and Installation of Wayfinding Signage
other methods as shall be required for the completion of the Work in an
acceptable manner as the Village may in its discretion determine.
iii. All costs and charges incurred by the Village, together with the cost of
completing the Work shall be deducted from any moneys due or which
may become due on this to the Contractor under this Contract. Following
any payment due and received by the Village from the Contractor's surety
following default, if the expense so incurred by the Village is less than the
sum paid to the Village by the surety under this Contract for work
remaining, the surety shall be entitled to receive the excess difference
paid to the Village. When such Contractor default costs incurred by the
Village exceeds the sum paid to the Village for the work remaining under
the Contract the Contractor and the surety shall be liable and shall pay to
the Village the full cost of such additional expenses.
3) Performance of the Work.
a. Accident Prevention. The contractor shall exercise every precaution at all times
for the protection of persons and properties. The safety provisions of all applicable
laws and ordinances shall be strictly observed. Any practice obviously hazardous,
in the opinion of the Director of Public Works or his authorized representative,
shall be immediately discontinued by the contractor upon his receipt of
instructions from the Director of Public Works or an authorized representative to
discontinue such practice.
b. Barricades and Warning Signs and Lights. The contractor shall erect substantial
lighted barricades to protect its work at all points deemed necessary by the
Director of Public Works; said contractor shall place at such points the necessary
warning signs, amber lights, caution tape, and other suitable devices to protect
his work properly and to provide for the convenience and safety of the public at
all times. The contractor shall maintain such barricades, signs, lights and
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 fixed unit price bid for
the specific repair or pay item.
c. Cooperation with Utilities. It is understood and agreed that the contractor has
considered in its bid all of the permanent and temporary utility appurtenances in
their present or relocated positions that may be encountered during construction
and no additional compensation will be allowed for any delays, inconvenience, or
damage sustained by it due to any interference from the said utility
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Fabrication and Installation of Wayfinding Signage
appurtenances either by the utility company or by it, or on account of any special
construction methods required in prosecuting its work due to the existence of
said appurtenances either in their present or relocated positions. The contractor
shall insure that prompt repairs are, to the approval of the inspector, made to any
utility appurtenances damaged by it without compensation from the Village.
During performance of the work, Contractor shall protect all utilities and property
from damage. Contractor shall spot all utilities prior to any excavation work.
Contractor shall call J.U.L.I.E. 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 8:00 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.
f. General. The work to be performed under the contract includes the furnishing of
all supervision, labor, materials, tools, equipment and incidentals of every kind
and description necessary for construction, in accordance with the Contract
Documents.
g. Inspection. All materials and each part or detail of the work shall be subject at all
times to inspection by the Village or its inspectors, and the contractor will be held
strictly to the true intent of the Specifications in regard to quality of materials,
workmanship and diligent execution of the contract. The Village or its inspectors
shall be allowed access to all parts of the work and shall be furnished with such
information and assistance by the contractor as is required to make a complete
and detailed inspection. Materials, components or completed work not complying
therewith may be rejected by the Village and shall be replaced by the Contractor
at no expense to the Village. Any rejected material or component shall be removed
at the entire expense of the Contractor, after written notice has been mailed by
the Village to the Contractors that such materials or components have been
rejected.
The contractor shall, if the Village requests, remove or uncover such portions of
the finished work as the Village may direct before final acceptance of the same.
After the examination, the contractor shall restore said portion of the work to the
standard required by the Specifications. If the work thus exposed or examined
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proves acceptable, the expense of uncovering or removing and the replacing of
the parts removed shall be paid for as extra work; but if the work so exposed or
examined is unacceptable, the expense of uncovering or removing and replacing
of the same shall be borne by the contractor.
h. Materials and Equipment. Except where the Specifications indicate otherwise,
the Village is not responsible for providing any tools, equipment or storage under
the contract in order to permit its completion of any contractual obligations under
the contract, which may be awarded as the result of the bid.
i. Personnel and Equipment. The contractor shall provide an adequate number of
competently trained personnel with sufficient supervision to provide the services
required, and contractor shall provide identification of its personnel if requested
by the Village.
Any contractor's employee whose employment is reasonably detrimental or
objectionable to the Village shall be immediately transferred from the 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.
j. Property Protection. No vehicles of any kind shall be placed, parked or operated
upon or over any sodded areas.
k. Protection and Restoration of Property. It is understood that in the execution of
the Work herein provided for there may be interference with and/or damage to
trees, shrubbery, crops, fences, railroad tracks, overhead structures such as
poles, wires, cables, underground structures such as sewers, gas mains,
telephone conduits and cables, water mains, drains, service connections, wires,
pipes, conduits, located along, adjacent to, and/or crossing the locations of the
Work, and that it may be necessary to relocate or reconstruct certain of such
structures, improvements, and installations and/or to make repairs to the same
by reasons of doing the Work herein provided for, and it is therefore particularly
and specifically agreed that the 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
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Fabrication and Installation of Wayfinding Signage
be interfered with, damaged, and/or necessarily relocated, reconstructed, or
repaired in the performance of the Work herein provided for, including the
restoration and resurfacing of unpaved portions of public streets and alleys,
rights-of-way, easements, and private property damaged or disturbed by the
Work, the same to be restored to as good condition as the same existed at the
time of the commencement of any such Work or relocation.
It is further agreed that the owners of any structures, improvements, installations,
referred to in the preceding paragraph shall have the right to do the Work or any
part thereof necessary for the relocation, reconstruction, replacement, repair, and
other Work required by reason of any interference with and/or damage to such
structures, improvements, installations, due to the prosecution of the Work and
upon completion of such Work by them done, said owners may render bills to the
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 Safetv. 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.
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Fabrication and Installation of Wayfinding Signage
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 also abide with the Manual on Uniform Traffic Control Devices,
latest edition. Contractor shall also provide sufficient flag persons to assist with
traffic control during operation.
Traffic control costs to close the street or ROW is to be included in the "all-
inclusive" unit price of the pay item and considered as incidental to that pay item
and will not be considered an extra line item.
r. Tree Protection. All tree protection shall be incidental to the contract and shall be
installed and maintained in accordance with the Tree Protection Ordinance and
plan as specified by the Village. Tree protection fencing shall be paid for per
FOOT of TEMPORARY FENCING.
REMOVAL PROHIBITED UNLESS AUTHORIZED: All trees shall be maintained,
saved, and protected from damage unless removal is approved by the Village.
CRITICAL ROOT ZONE: To prevent unnecessary damage to existing public
trees during construction, proper tree protection guidelines must be followed,
particularly in the root zone where major support roots securely hold the tree in
the soil. This Critical Root Zone (CRZ) is defined as the entire ground area
within the vertical projection of the crown of a tree. This is also commonly
referred to as the area within the drip line of a tree.
Power equipment may not be used to excavate soil, change grades, or dig
trenches in the Critical Root Zone. All soil excavation done within the CRZ must
be done by hand, except as authorized in these specifications. Exceptions to the
above shall be granted only with written permission from the Director of Public
Works.
FENCING: All unpaved ground on public property within the Critical Root Zones
(CRZ) of existing trees subject to construction damage shall be fenced before
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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 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
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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 percent (100%) of the bid for the faithful
performance of the Contract and to indemnify the Village against loss. The
Contractor shall also furnish a labor and materials bond in the amount one
hundred 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.
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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:
Limit/ Limit/
TVDe of Insurance Ea. Occurrence Aaareaate
General Liability
Bodily Injury
Property Damage
Contractual Ins.
Automobile Liability
Bodily Injury
Property Damage
Workers Compensation
Employee Claims
Employers Liability
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$3,000,000
$3,000,000
$3,000,000
$1,000,000
$1,000,000
Statutory for Illinois
$1,000,000 per accident
c. Indemnification. The Contractor shall indemnify and save harmless the Village,
its officers and employees from any and all liability, losses or damages, including
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 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
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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.
ii. Tax Payment. The Contractor certifies that it is not delinquent in the
payment of any taxes to the Illinois Department of Revenue. (65 ILCS
5/11-42.1-1)
iii. Drug Free Workplace Act. The Contractor will comply with the
requirements of the Drug Free Workplace Act if the contract is $5,000 or
more and it has more than 24 employees at the time of entering into the
contract (30 ILCS 580).
iv. Preference to Veterans Act. The Contractor will comply with the
Preference to Veterans Act (330 ILCS 55).
V. Substance Abuse Prevention Program. By submitting a bid, the
Contractor certifies that the company has in place, to the extent not covered
by a collective bargaining agreement that deals with the subject of the
Act, a substance abuse prevention program that meets or exceeds the
requirements of the Substance Abuse Prevention in Public Works
Projects Act, 820 ILCS 265/1 et seq.
25
Fabrication and Installation of Wayfinding Signage
vi. Non -Discrimination. The Contractor will comply with the Illinois Public
Works Employment Discrimination Act (775 ILCS 10/1, et seq.)
vii. Equal employment Opportunitx. The Contractor will comply with Article 2
of the Illinois Human Rights Act (775 ILCS 5/2-101, et seq.), including
establishment and maintenance of a sexual harassment policy as required
by Section 2-105, and the Rules and Regulations of the Illinois
Department of Human Rights, including the EQUAL EMPLOYMENT
OPPORTUNITY CLAUSE, which is a material term of all public contracts,
as follows:
EQUAL EMPLOYMENT OPPORTUNITY
In the event of the contractor's non-compliance with the provisions of this
Equal Employment Opportunity Clause or the Act, the contractor may be
declared ineligible for future contracts or subcontracts with the State of
Illinois or any of its political subdivisions or municipal corporations, and the
contract may be cancelled or voided in whole or in part, and other sanctions
or penalties may be imposed or remedies invoked as provided by statute
or regulation. During the performance of this contract, the contractor agrees
as follows:
1) That he or she will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation,
marital status, order of protection status, national origin or ancestry,
citizenship status, age, physical or mental disability unrelated to ability,
military status or an unfavorable discharge from military service; and,
further, that he or she will examine all job classifications to determine if
minority persons or women are underutilized and will take appropriate
affirmative action to rectify any underutilization.
2) That, if he or she hires additional employees in order to perform this
contract or any portion of this contract, he or she will determine the
availability (in accordance with this Part) of minorities and women in the
areas from which he or she may reasonably recruit and he or she will hire
for each job classification for which employees are hired in a way that
minorities and women are not underutilized.
3) That, in all solicitations or advertisements for employees placed by him or
her or on his or her behalf, he or she will state that all applicants will be
afforded equal opportunity without discrimination because of race, color,
religion, sex, sexual orientation, marital status, order of protection status,
national origin or ancestry, citizenship status, age, physical or mental
disability unrelated to ability, military status or an unfavorable discharge
from military service.
4) That he or she will send to each labor organization or representative of
workers with which he or she has or is bound by a collective bargaining or
other agreement or understanding, a notice advising the labor
organization or representative of the contractor's obligations under the Act
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
26
Fabrication and Installation of Wayfinding Signage
and this Part, the contractor will promptly notify the Department and the
contracting agency and will recruit employees from other sources when
necessary to fulfill its obligations under the contract.
5) That he or she will submit reports as required by this Part, furnish all
relevant information as may from time to time be requested by the
Department or the contracting agency, and in all respects comply with the
Act and this Part.
6) That he or she will permit access to all relevant books, records, accounts
and work sites by personnel of the contracting agency and the Department
for purposes of investigation to ascertain compliance with the Act and the
Department's Rules and Regulations.
7) That he or she will include verbatim or by reference the provisions of this
clause in every subcontract awarded under which any portion of the
contract obligations are undertaken or assumed, so that the provisions will
be binding upon the subcontractor. In the same manner as with other
provisions of this contract, the contractor will be liable for compliance with
applicable provisions of this clause by subcontractors; and further it will
promptly notify the contracting agency and the Department in the event
any subcontractor fails or refuses to comply with the provisions. In
addition, the contractor will not utilize any subcontractor declared by the
Illinois Human Rights Commission to be ineligible for contracts or
subcontracts with the State of Illinois or any of its political subdivisions or
municipal corporations. Title 44, Part 750, Section 750, APPENDIX A,
Illinois Administrative Code,
viii. PREVAILING WAGE. This contract calls for the construction of a "public
work" within the meaning of the Illinois Prevailing Wage Act, 820 ILCS
130/1, et seq., as amended (the "Act"). The Contractor and all
subcontractors are required to pay wage rates in accordance with the Act
to all laborers, workers and mechanics. The Village has adopted the
prevailing wages as determined by the Illinois Department of Labor
("IDOL") for Cook County. The prevailing rate of wages is revised by the
IDOL and is available on the IDOL website,
www.state.ii.us/agency/idol/rates/rates.HTM. The Contractor and all
subcontractors are solely responsible for checking the Department's
website for revisions to prevailing wage rates. In the event that the IDOL
should revise the prevailing rate of wages, then the revised rates shall
apply to this Contract. In no case shall any revision in the rates of
prevailing wages result in an increase in the total Contract price.
All bonds provided by the Contractor under the terms of this Contract shall
include such provisions as will guarantee the faithful performance of the
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
30
Fabrication and Installation of Wayfinding Signage
make and keep those records required under Section 5 of the Prevailing
Wage Act in paper or electronic format. In conformance with the Act, each
contractor and subcontractor, or other entity performing work on the
project, shall maintain records of all laborers, mechanics and other
workers employed by them on the project, including the following
information on each worker: (1) name; (2) address; (3) telephone number
when available; (4) social security number; (5) classification or
classifications; (6) gross and net wages paid in each pay period; (7)
number of hours worked each day; (8) starting and ending times of each
day; (9) hourly wage rate; (10) hourly overtime wage rate; (11) hourly
fringe benefit rates; (12) the name and address of each fringe benefit fund;
(13) the plan sponsor of each fringe benefit, if applicable; and (14) the
plan administrator of each fringe benefit, if applicable. These records shall
be kept by the participating contractor and subcontractor for a period of
not less than five (5) years from the date of last payment on the contract
or subcontract. No later than the 15th day of each calendar month, each
participating contractor and subcontractor shall submit a monthly certified
payroll to the Village consisting of the above -referenced information as
well as a statement signed by the participating contractor or subcontractor
that certifies: (a) the records are true and accurate; (b) the hourly rates
paid to each worker is not less than the general prevailing rate of hourly
wages required under the Prevailing Wage Act; and (c) the contractor or
subcontractor is aware that filing a certified payroll that he or she knows to
be false is a Class A misdemeanor.
ix. Compliance with Freedom of Information Act Request. Section 7 of the
Illinois Freedom of Information Act (FOIA), 5 ILCS 140/7, applies to public
records in the possession of a party with whom the Village of Mount
Prospect has contracted. The Village of Mount Prospect will have only a
very short period of time from receipt of a FOIA request to comply with the
request and there is a significant amount of work required to process a
request including collating and reviewing the information.
The bidder/contractor acknowledges the requirements of FOIA and agrees
to comply with all requests made by the Village of Mount Prospect for
public records (as that term is defined by Section 2(c) of FOIA) in the
undersigned's possession and to provide the requested public records to
the Village Mount Prospect within two (2) business days of the request
being made by the Village of Mount Prospect. The bidder/contractor
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.
30
Fabrication and Installation of Wayfinding Signage
x. Work Guara
1. Maintenance Bond. A maintenance bond or a maintenance letter of
credit is required. This maintenance bond or maintenance letter of
credit amount shall consist of ten percent (10%) of the final project
cost; it shall be posted by the contractor with the Village upon
completion of all Work; and it shall be valid and effective for a period of
two (2) years after the final acceptance of such Work by the Village for
the purpose of guaranteeing against and securing the correction of any
defect in material or workmanship furnished for such improvements,
latent in character and not discernible at the time of final inspection or
acceptance by the Village of Mount Prospect.
2. General Guaranty. Neither partial or final payment, nor any provision
in the contract, nor partial or entire use of the product/Work embraced
in the contract by the Village or the Public shall constitute an
acceptance of work not done in accordance with the contract, or relieve
the contractor of liability in respect to any express warranties or
responsibility for failure to comply with the terms of those contract
documents.
Unless otherwise expressly provided in the Specifications, in the event
any defects or imperfections in the materials or workmanship to be
furnished by the contractor herein appear within the period of two (2)
years from the date of completion of all the Work and acceptance
thereof by the Village, the contractor will, upon notice from said Village
(which notice may be given by letter to said contractor to the business
address of the contractor shown in the proposal), repair and make
good at his own cost any such defects or imperfections and replace
any defective or imperfect materials or workmanship with other
materials or workmanship satisfactory to said Village, and furnish all
such new materials and labor as may be necessary to do so; and in
the event of the failure, refusal or delay of said workmanship or
materials said Village may do so or have same done by others, and
said contractor and surety or sureties on the bonds given for the faithful
performance of the contract shall be liable to the Village for all damages
and expenses occasioned by such failure, refusal or delay. All details
of warranties shall be included with the bid. Warranty work shall be at
no additional expense to the Village.
Manufacturer warranties and guaranties shall be submitted with the bid
and shall be considered a part of the contract where such specifications
meet the minimum bid Specifications.
A. Miscellaneous Contract Requirements
1. Contract Alterations. No amendment of a contract shall be valid
unless made in writing and signed by the Village President, Village
Manager, or their authorized representative.
30
Fabrication and Installation of Wayfinding Signage
2. Licenses and Permits. The Contractor shall procure at its own
expense all necessary licenses and permits in connection with the
work under the Contract.
3. Nonassignability. The contractor shall not assign the contract, or
any part thereof, to any other person, firm or corporation without the
previous written consent of the Village. Such assignment shall not
relieve the contractor from its obligations or change the terms of the
contract unless agreed by the Village at its sole discretion.
4. Notices. All notices required by the contract shall be given in writing.
5. Taxes. The contractor shall pay all federal, state and local taxes as
may be applicable on all materials, labor and services furnished by
it under the contract, and the amounts of such taxes shall be included
in the unit prices bid.
30
Fabrication and Installation of Wayfinding Signage
Fabrication and Installation of Wayfinding Signs
Special Provisions
SCOPE OF WORK
The scope of work includes the fabrication and installation of Pedestrian Wayfinding signs
C01-01 through C01-04; C01-07 through C01-12, CO2 -02 and CO3-01 through CO3-04.
Relevant sections of the Design Intent Document are included in Attachment A. The signs
shall be installed at the locations and in the manner identified in the Design Intent
Documents, unless noted otherwise. The scope of work includes all other work including
materials, labor and equipment required for the complete fabrication and installation of the
signs. This will include the installation of anchoring systems into foundations installed by
others.
WAYFINDING SIGN FABRICATION
Contractor shall fabricate, furnish and install signs in accordance with the
requirements of the Contract Documents and excerpts from the final Design Intent
Document completed by Media Objectives, March 4, 2016 (Design Intent
Document), unless noted otherwise in the project documents. Should and
conflicts existing the Contract Documents shall take precedent over the Design
intent documents.
Sign vertical and horizontal dimensions shall be as included in the Design
Intent Document.
2. Sign alignment shall be as included in the Design Intent Document.
3. Sign lettering, language, materials and colors shall be as included in the
Design Intent Document.
4. Direction Fins, associated mounting hardware and additional
mounting leg length of 2' 6" feet above the top of the Panel Style A as
shown on Design Intent Document Sheet 2.3 — Sign System Details
are not included as part of this Project.
5. Fabrication, furnishing and installation of mounting legs, aluminum
panel, foundation mounting hardware and hardware for hanging the
temporary banners is included as part of the project. The Temporary
Event Vinyl Banners themselves are not included as part of this
project.
6. Contractor shall utilize fabricated %2" thick steel painted legs instead of
extruded aluminum legs for supporting signs. Concrete foundations have
already been installed by the Village. Signs shall be mounted to the
concrete foundations utilizing a steel base plate welded to the sign leg with
breakaway bolts. Steel base plate and breakaway bolts shall be enclosed
in a %2" painted steel shroud.
a. Breakaway bolts utilized for the project shall be Pole Safe Double
Fabrication and Installation of Wayfinding Signage 31
Neck Support Couplings for Light Poles Model No. SPM 4062 as
manufactured by Transpo Industries, Inc.
i. Contact information for Transpo Industries:
1. Phone: (914) 636-1000
2. Email: www.transpo.com as manufactured by
b. Contractor shall confirm that the signs, mounting legs, connections
and all mounting equipment are capable of withstanding sign dead
loads and live loads in accordance with the Standard Specifications
for Road and Bridge Construction, latest edition. Structural
calculations for the sign and sign mounting systems shall be sealed
by a structural engineer registered in the State of Illinois and
submitted for review by the Owner or Owner's representative prior to
installation.
7. Submittals shall be made in accordance with these special provisions and
the Design Intent Documents.
8. Signs, poles and mounting equipment shall be delivered to the site free of
visible defects.
9. Measurement and Payment: Wayfinding Signs, Mounting Legs,
Foundation Mounting Hardware and Pole Mounting Hardware will be paid
for at the prices included in the bid form within 30 days of acceptance by
the Village.
WAYFINDING SIGN INSTALLATION
Contractor shall install signs at the locations designated in the Design Intent Documents.
Signs shall be installed in accordance with the Design Intent Documents.
1. Contractor shall limit the disturbance of the ground or pavement surface
where the sign foundation is installed.
2. Breakaway bolts shall be included as part of the Foundation Mounting
Hardware pay item.
a. Contractor will prepare existing foundation for sign installation.
b. Contract shall dispose of all excess material generated by the sign
installation at an offsite location.
3. The Village will restore the sign installation area.
Fabrication and Installation of Wayfinding Signage 32
DETAILED WAYFINDING SIGN DOCUMENTS
Fabrication and Installation of Wayfinding Signage 33
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11
FROM:
BID FORM
Fabrication and Installation of WayfmndmngSm ng_age
Village of Mount Prospect Department of Public Works
(hereinafter called "Bidder")
TO: Office of the Village Manager, 3rd Floor
50 South Emerson Street
Mount Prospect, Illinois 60056
(hereinafter called "Village" or "Village of Mount Prospect")
Bid For: Fabrication and Installation of Wayfinding Signage
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
Detailed Wayfinding Sign Documents
Bid Form
Affidavit — Bid Certification Form
Bid Sheet
Contract Document
Labor and Materials Payment bond form
Performance Bond Form
Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel,
labor, materials, tools appurtenances, equipment, and services (including all utility and
transportation services) required to construct and complete the Work, all in accordance
with the above listed documents.
Bidder agrees to perform all of the Work and provide the equipment and materials
described in the Bid Documents, as follows:
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 sign sizes, supports and
mounting systems 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.
Fabrication and Installation of Wayfinding Signage 34
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 seventy 70 calendar days after the Notice to Proceed with
final completion thirty (30) days thereafter. Failure to complete the work in the
Fabrication and Installation of Wayfinding Signage 35
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.
This Bid Submittal contains the following:
1) Bid Form
2) Affidavit — Bid Certification Form
3)
3) BID SHEET(S)
Respectfully submitted:
Name of Firm/Bidder:
(Signature)
Title:
Date:
Contact Information:
Official Address:
Telephone:
Email:
ONE (1) SIGNED COPY OF THIS BID FORM AND BID SHEETS (Pages 42-53)
ALONG WITH THE AFFIDAVIT — BID CERTIFCATION FORM SHALL BE
SUBMITTED IN A SEALED MARKED ENVELOPE.VILLAGE OF MOUNT
PROSPECT
Fabrication and Installation of Wayfinding Signage 36
lied � eit1:n�: a loo II of aryl IC:D � 3 I
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
(Name of Company)
the authority to make all certifications required by this affidavit.
Section I Non Collusion
and has
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 Riaaina and Rotatina
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 Drua 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.
Fabrication and Installation of Wayfinding Signage 37
d Cii,)irfilicaiJon II of iry IC u,
AFFIDAVIT– BID CERTIFICATION FORM
Section IV Tax Payment
The undersigned further states that is
(Name of Company)
not delinquent in payment of any taxes to the Illinois Department of Revenue, in accordance
with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned understands that making a
false statement regarding delinquency in taxes is a Class A Misdemeanor and, in addition voids
the contract and allows the municipality to recover all amounts paid to the individual or entity
under the contract in civil action.
Section V Sexual Harassment Policy
Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A), every
party to a public contract must:
"Have written sexual harassment policies that shall include, at a minimum, 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: Title:
(Signature)
Name Printed:
Signed and sworn to before me this day of )2018.
My commission expires: day of )20—
(Notary
20_
(Notary Public)
Fabrication and Installation of Wayfinding Signage 38
FABRICATION AND INSTALLATION OF WAYFINDING SIGNS - BID SHEET
VILLAGE OF MOUNT PROSPECT, ILLINOIS
PAY
SIGN
DESCRIPTION
UNIT
QUANTITY
UNIT PRICE
SUBTOTAL
ITEM
1
SIGN C01-01
WAYFINDING SIGN
SF
33
2
MOUNTING LEGS
LF
28
FOUNDATION
3
MOUNTING HARDWARE
EACH
1
4
SIGN C01-02
WAYFINDING SIGN
SF
19
5
MOUNTING LEGS
LF
21
FOUNDATION
6
MOUNTING HARDWARE
EACH
1
7
SIGN C01-03
WAYFINDING SIGN
SF
19
8
MOUNTING LEGS
LF
21
9
FOUNDATION
EACH
1
MOUNTING HARDWARE
10
SIGN C01-04
WAYFINDING SIGN
SF
27
11
MOUNTING LEGS
LF
21
FOUNDATION
12
MOUNTING HARDWARE
EACH
1
13
SIGN C01-07
WAYFINDING SIGN
SF
27
14
MOUNTING LEGS
LF
21
FOUNDATION
15
MOUNTING HARDWARE
EACH
1
16
SIGN C01-08
WAYFINDING SIGN
SF
29
17
MOUNTING LEGS
LF
28
18
FOUNDATION
EACH
1
MOUNTING HARDWARE
19
SIGN C01-09
WAYFINDING SIGN
SF
33
20
MOUNTING LEGS
LF
28
21
FOUNDATION
EACH
1
MOUNTING HARDWARE
22
SIGN C01-10
WAYFINDING SIGN
SF
19
23
MOUNTING LEGS
LF
21
24
FOUNDATION
EACH
1
MOUNTING HARDWARE
25
SIGN C01-11
WAYFINDING SIGN
SF
19
26
MOUNTING LEGS
LF
21
FOUNDATION
27
MOUNTING HARDWARE
EACH
1
28
SIGN C01-12
WAYFINDING SIGN
SF
29
29
MOUNTING LEGS
LF
28
FOUNDATION
30
MOUNTING HARDWARE
EACH
1
31
SIGN CO2 -02
WAYFINDING SIGN
SF
10
32
MOUNTING LEGS
LF
7
33
FOUNDATION
EACH
1
MOUNTING HARDWARE
34
SIGN CO3-01
WAYFINDING SIGN
SF
6
POLE MOUNTING
35
HARDWARE
EACH
1
36
SIGN CO3-02
WAYFINDING SIGN
SF
6
POLE MOUNTING
37
HARDWARE
EACH
1
Fabrication and Installation of Wayfinding Signage 39
PAY
SIGN
DESCRIPTION
UNIT
QUANTITY
UNIT PRICE
SUBTOTAL
ITEM
38
SIGN CO3-03
WAYFINDING SIGN
SF
6
POLE MOUNTING
39
HARDWARE
EACH
1
40
SIGN CO3-04
WAYFINDING SIGN
SF
10
POLE MOUNTING
41
HARDWARE
EACH
1
TOTAL BID:
$ -
SUMMARY OF PRICES:
CONTRACT PRICE (the sum of extensions of the Schedule of Prices — TOTAL BID):
(In writing)
lars and Cents
(In writing)
Dollars and Cents
(In figure) (In figure)
Fabrication and Installation of Wayfinding Signage 40
CONTRACT
THIS Contract (hereinafter the "Contract") is entered into on this day of , 2018,
by and b e t w e e n t h e VILLAGE OF MOUNT PROSPECT, an Illinois municipal
corporation (hereinafter the "Village"), and , an
(hereinafter the `Contractor") (Village and Contractor sometimes referred to individually
as "Party" and collectively as "Parties"),
WHEREAS, the Village has solicited competitive bids for its "Fabrication and
Installation of Wayfinding Signs" project; and
WHEREAS, the Contractor submitted a bid to perform the work associated with
the Fabrication and Installation of Wayfinding Signs Project (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 Fabrication and Installation of
Wayfinding Signage Project 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. Detailed Wayfinding Sign Documents
6. Bid Submittals, including Bid Form, Affidavit — Bid Certification Form, 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.
Fabrication and Installation of Wayfinding Signage 41
3. The Contractor certifies that it will comply with all state and federal laws and
regulations, and county and municipal ordinances, as set forth in the General
Conditions.
ARTICLE III — PERFORMANCE BY VILLAGE
The Village agrees to pay the Contractor for its performance of the Work in the manner
and amount provided in the Contract Documents.
ARTICLE IV - CONFLICT BETWEEN CONTRACT DOCUMENTS
In the event of a conflict between any Contract Document and the terms of this Contract,
the Contract shall control to the extent of the conflict. In the event of any other conflict
between Contract Documents, the preceding Document shall govern to the extent
of the conflict based upon the order of priority set forth in Article I of this Contract, unless
otherwise specifically stated.
ARTICLE V — COMMENCEMENT AND COMPLETION OF WORK
After the written Notice to Proceed is issued by the Village, which will start the
performance period, the Contractor then has 10 days to commence work. The
Contractor shall have achieved substantial performance within seventy (70)
consecutive calendar days after the Notice to Proceed has been issued with final
performance thirty (30) 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
Fabrication and Installation of Wayfinding Signage 42
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 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
Fabrication and Installation of Wayfinding Signage 43
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
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 being 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.
Fabrication and Installation of Wayfinding Signage 44
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
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.
Fabrication and Installation of Wayfinding Signage 45
IN WITNESS WHEREOF, the Parties hereto have executed this Contract.
Contractor:
By:
Title:
Date:
ATTEST:
Title:
Date:
VILLAGE OF MOUNT PROSPECT
Title:
Date:
ATTEST:
Title:
Date:
Fabrication and Installation of Wayfinding Signage 46
VILLAGE OF MOUNT PROSPECT
LABOR AND MATERIAL PAYMENT
BOND
Bond No.:
Principal Amount:
Contract:
KNOWN ALL MEN BY THESE PRESENTS, that the Village of Mount
Prospect, an Illinois municipal corporation (hereinafter "Village"), has awarded to
, as Principal (hereinafter "Contractor"),
a written agreement with the Village dated ,
(hereinafter "Contract"), for
in accordance with the drawings and specifications prepared by:
(Village of Mount Prospect or architect/engineer),
which Contract is incorporated herein and made a part hereof; and
WHEREAS, the Contractor is required to furnish a bond in connection with the
Contract to secure the payment of claims of laborers, workmen, mechanics, material
suppliers, and other persons as provided by law;
NOW, THEREFORE, we, the undersigned Contractor and ,
with the 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.
Fabrication and Installation of Wayfinding Signage 47
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
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
Fabrication and Installation of Wayfinding Signage 48
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
, 2018.
(Contractor) (Surety)
By: By:
(Signature) (Officer Of The Surety)
Title Title
ATTEST:
Corporate Secretary (corporations only)
STATE OF
COUNTY OF
do hereby certify that
Address:
NOTARY
a Notary Public in and for said county,
(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 20
day of
Notary Signature: My Commission expires:
(Attach Surety's Power of Attorney)
I •
VILLAGE OF MOUNT PROSPECT
PERFORMANCE BOND
Bond No.:
Principal Amount:
Contract:
KNOWN ALL MEN BY THESE PRESENTS, that Contractor ,
,as Principal (hereinafter
"Contractor"), and , with main office at
a corporation of the state of ,
as Surety (hereinafter "Surety"), are held and firmly bound unto the Village of Mount Prospect,
an Illinois municipal corporation (hereinafter "Village"), in the penal sum of
Dollars ($ ), lawful
money of the United States, for the payment of which, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has entered into a written agreement with the Village dated
(hereinafter "Contract"), for the construction of
in accordance with the drawings and specifications prepared by:
(Village of Mount Prospect or architect/engineer), which Contract is incorporated herein and
made a part hereof.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor
shall fully, promptly and completely discharge the Contract and all duly authorized modifications,
alterations, changes, or additions to said Contract as may hereafter be made, and during the life
of any guaranty required under the Contract, and, if Contractor shall fully secure and protect the
Village from all liability and from all loss or expense of any kind, including all court costs and
attorneys' fees made necessary or arising from the failure, refusal or neglect of Contractor to
comply with all obligations assumed by Contractor in connection with the performance of the
Contract and all such modifications, alterations, changes, or additions, then this obligation shall
be null and void; otherwise it shall remain in full force and effect.
Upon receipt of written notice from the Village that the Contractor is in default, and
performance by the Village of its obligations under the Contract, Surety will promptly (1) remedy
the default; (2) arrange for the performance of Contractor's obligations under the Contract
through the use of qualified contractors acceptable to the Village; or (3) notify the Village that it
may hire a contractor to complete Contractor's obligations under the Contract. Surety will
promptly notify, in writing, the Village of which option it is exercising. Failure of the Surety to
elect an option within fifteen (15) days of receipt of the notice from the Village shall constitute
authorization to the Village to complete the improvements at Surety's expense.
The balance of the contract price shall be credited against the cost of completing and/or
correcting the Contractor's performance under the Contract. If the cost exceeds the balance of
the contract price, the Surety shall pay the excess amount to the Village, up to a maximum of
the principal amount of this Bond. If the Surety arranges for completion and/or correction or
remedies the default, the balance of the contract price that is required to complete, correct or
remedy the default shall be paid by the Village to Surety. Surety will be responsible, up to the
50
maximum of the principal amount of this Bond, for payment for correction and completion of the
Contract, any additional legal, design professional or delay costs arising from Contractor's
default and/or resulting from action or inaction on the part of the Surety and liquidated damages,
or, if no liquidated damages are provided for in the Contract, actual damages caused by
delayed performance or non-performance by the Contractor or Surety. The Village shall not be
required to pay Surety more than the balance of the contract price.
The term "balance of the contract price" means the total amount payable by the Village
to the Contractor under the contract, and any amendments thereto, less the amounts paid to the
Contractor by the Village.
Any suit under this Bond must be filed before the expiration of two years from the date
on which final payment under the Contract is due or the applicable statute of limitations,
whichever is longer. No right of action shall accrue on this Bond to or for the use of any person
or corporation other than the Village or its heirs, executors, administrators or successors. Any
proceeding, legal or equitable, under this Bond may be instituted in a court of competent
jurisdiction in the location in which the work is located. Notice to any of the parties shall be
mailed to the appropriate address listed above.
Surety hereby waives notice of any modifications, alterations, changes, additions or
extension of time in the Contract.
Signed and sealed this day of , 2018.
(Contractor)
By:
(Signature)
Title
ATTEST:
Corporate Secretary (corporations only)
M
Title
Address:
(Surety)
(Officer Of The Surety)
51
STATE OF
COUNTY OF
I, , a Notary Public in and for said county, do hereby
certify that
(Insert Name of Attorney -In -Fact for Surety)
who is personally known to me to be the same person whose name is subscribed to the
foregoing instrument on behalf of Surety, appeared before me this day in person and
acknowledge respectively that he/she signed, sealed, and delivered said instrument as his/her
free and voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal this,
Notary Signature:
_day of
My Commission expires:
2018.
52
ATTACHMENT A
WAYFINDING SIGN FABRICATION AND INSTALLATION
EXCERPT FROM WAYFINDING SIGN DESIGN INTENT DOCUMENT
53
(((( SouthWater in
ENAIN
Village of Mount Prospect I
50 S. Emerson Street, 31d Floor
Mount Prospect, IL 6005,6
1OTT.W1rAr*x,T,=
9�4 Nrolh ( �Iw --od
Hmhurj, 00?b
South Water Signs is pleased to furnish the attached proposal for Fabrication and Installation of
Wayfinding Signage in the Village of Mount Prospect.
South Water Signs is based out of Elmhurst, IL and is an owner operated company, We have a
state of the art 100,000 sf fabrication and project management facility from which we've completed
several local and regional City Wayfinding projects including the Village of Alsip and the City of
Romeoville, We would welcome the opportunity to discuss the opportunity to be a part of the
Villages construction team on this project.
re-ff J17f POT ani tuesuons ano i you TouMii e o aiscuss
this project further with South Water Signs,
T nk you,
f
Pau� Kamiriski ArcNtecturaSaRes
Nd108I f r
r AX,
VII/ F F, I — "I "I,
BID FORM
ail --(AfUATL1r -�� -t , UT
FROM: South Water Simus
Paul Kaminski - Architectural Sales
(hereinafter called "Bidder')
TO: Office of the Village Manager, 3 Id Floor
50 South Emerson Street
Mount Prospect, Illinois 60056
(hereinafter called "Village" or "Village of Mount Prospect")
Qjd For: FabriGglign and InsIgilidign of.Wayfindiog Signagg
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
Detailed Wayfinding Sign Documents
Bid Form
Affidavit — Bid Certification Form
Bid Sheet
Contract Document
Labor and Mate�rials Payment bond form
Performance Bond Form
Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel,
labor, materials, tools appurtenances, equipment, and services (including all utility and
transportation services) required to construct and complete the Work, all in accordance
with the above listed documents,
Bidder agrees to perform all of the Work and provide the equipment and materials
described in the Bid Documents, as follows:
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 sign sizes, supports and
mounting systems 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.
1"abricafion wid Installation of Wayfinding Signage 34
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.
1) The Contractor agrees to provide all Work and items and material to the Village
noted in the Bid Documents and comply with the requirements ol
Documents.
2) The Contractor agrees to comply with all applicable state and federal laws, rules ar
regulations, and county and municipal ordinances, as described in the GenerrI-
Conditions.
All Addenda pertaining to this project shall be acknowledged by the Bidder in t
spaces provided below: I
Addendum
Addendum
Acknowledgement by Bidder or
Date
No,
Date
—Authorized Rep. ntative
Acknowledg
Patti Kaminski
— -------------
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
Fabrication and Installation of Wayfinding Signage 35
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.
1) Bid Form
2) Affidavit — Bid Certification Form
3)
3) BID SHEET(S)
zMM9RjzrTqM=
By: N%N^X
(Signature)
Title: _ Architectitral Sales
Date,
Contact Information:
Official Address: 934 N Church 13j)ad
Elmhurst, 11, 60126
Telephone: 630-607-6316
Email: pkaw in ski & sgu1bl watersi Lij �' coal
ONE (1) SIGNED COPY OF THIS BID FORM AND BID SHEETS (Pages 42-53)
ALONG WITH THE AFFIDAVIT — BID CERTIFCATION FORM SHALL BE
SUBMITTED IN A SEALED MARKED ENVELOPE.VILLAGE OF MOUNT
PROSPECT
Fabrication and Installation cel Wayfinding Signage 36
Company/Firm Name: South Water Signs
Address: 934 N, ('h arch Road Elmhurst 11, 60126
As a condition of entering into a contract with the Village of Mount Prospect, and Linder oath and
penalty of perjury and possible termination of contract rights and debarment, the undersigned,
L'aul Eunit)Ski , being first duly sworn on oath, deposes and states that he or
she is Architectittal Salesman (sole owner, partner, joint ventured,
President, Secretary, etc.) of &tgh W
ALqr LSians and has
(Name of Company)
the authority to make all cercations required by this affidavit.
• 1z IM[ITMEMI
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.
0 -9 r. I I MM N rtymm V. I
1111197NOTAS W
(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.
E11mr-Ogm- Ta-mrm
(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 1*1
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,
Fabrication and Installation of Wayfinding Signage 37
The undersigned further states that South Wat�er Signs 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
unN er the contract in civil action.
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,
IN. W11. 1WEr-fift-IN
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
A "public contract" includes: ... every contract to which the State, any of its political subdivisions
tr any municipal corporation is a party." 775 ILCS 5/1-103 (M) (2002),
The undersigned further states that &ijdi Walfa Signs has
(Name of Company)
a written sexual harassment policy in place in full compliance with 775 ILCS 5/2 -
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 undersigne certifies that all information contained in this Affidavit is true and correct.
Signed by: = Title: Architectural aale's
(Signature)
Name Printed: Paul Laillinsk!
Signed and swam to before me this_Iay of 2018.
My c
nmission xpires, r day of 0- 1
(Notublic)
Fabrication and Installation of Wayfinding Signage 38
Bid 'I
FABRICATION AND INSTALLATION OF WAYFINDING SIGNS — BID SHEET
VILLAGE OF MOUNT PROSPECT, ILUNOIS
PAY
ITEM
SIGN
DESCRIPTION
UNIT
QUANTITY
UNIT PRICE
SUBTOTAL
I
SIGN C01-01
-3-3
WAYmbi G SIGN
SF
----3-13T-55
74—,00–
2
MOUNTING LEGS
LF
2
__J45 12__
$ 191mi.
L�l-
3
FOUNDATION
EACH
I
-- . . ....
MOUNTING HARDWARE
$3,915,00
S3 815.0)
4
WAYFINDING SIGN
SF
19
$114,26
$2,171.(10
5
SIGN COI -02
MOUNTING LEGS
LF
21
$39,29
S825j)0
6
FOUNDATION
EACH
1
MOUNTING HARDWARE
V,L0-72K—)--AZ,207
00
7
WAYFINDING SIGN
SF
19
$114-26
'2 171,()o
8
SIGN C01 -D3
MOUNTING LEGS
LF
21
S3929
$82500
9
FOUNDATION
MOUNTING HARDWARE
EACH
1
$2,907,00
2,0OO
$9 T
10
WAYFINDING SIGN
SF
27
$108.22
2 W22 00
11
SIGN COI -04
MOUNTING LEGS
FOUNDATION
MOUNTING HARDWARE
LF
EACH
21
1
3_91_9
$2,907,00
825 00
$2,907,00
12
13
WAYFINDING SIGN
SF
27
$108.22$2,922.00
14
SIGN COI -07
MOUNTING LEGS
LF
21
$A29
$825.00
15
FOUNDATION
MOUNTING HARDWARE
EACH
1
$2,907,00
$2,907,01")
16
WAYFINDING SIGN
SF
29
$162,14
5-1J02.00
17
SIGN COI -08
MOUNTING LEGS
LFA
28
$45.32
$1,269,00
18
FOUNDATION
MOUNTING HARDWARE
EACH
$3,815.00
$3,815,()()
WAYFINDING SIGN
SF
33
$132.55
$4,37400
20
SIGN C01-09
MOUNTING LEGS
LF
28
$4532
k.
$1,269,00
21
7-0—UNDATION
O
MUNTING HARDWARE
EACH
1
$3,915,00$3,815
22
WAYFINDING SIGN
SF
m.
19
$148,95
$2,83f 00
23
SIGN C01-10
MOUNTING LEGS
LF
21
$39 29
$82500
24
FOUNDATION
MOUNTING IJARDWARE
EACH
1
$2,907.00
------- I ---- —
$2,907,00
25
WAYFINDiNG SIGN
SF
19
$115,37$2,192,00
.................
26
SIGN COI -11
MOUNTING LEGS
LF
21
$39.29
$925,00
27
FOUNDATION
MOUNTING HARDWARE
EACH
1
$2,90700
......... .
$2,907.00
28
WAYFINDING SIGN
SF
29
$139.41
$4,04:3,00
29
SIGN COI -12
MOUNTING LEGS
LF
28
$45,32
$1,269,00
30
FOUNDATm
MOUNTING HARDWARE
EACH
I
$3,815.00
-
$3,815V
31
WAYFINDING SIGN
SF
10
$95.80
32
SIGN CO2 -02
MOUNTING LEGS
LF
7
{27.14
$190,00
33
FOUNDATION
MOUNTING HARDWARE
EACH
255.00
$1,255M41
3,4
---
WAYFINDING SIGN
SF
6
$132.33
$79400
35
SIGN 003-01CuLIMGGINTING
EACH
1
$35TOO
$357,00
HARDWARE
36
WAYFINDING SIGN
SF
6
$13233
$794.00
37
SIGN CO3-02
POLE MOUNIlz—
$3.5700
HARDWARE
.... . ......
$35700
. ......
Fabrication and Installation of Wayfinding Signage 39
Page
—'-FA—Y
ITEM
------
SIGN
. ......... . . –.:
DESCRIPTION
UNIT
---
QUANTITY
----
UNIT PRICE
SUBTOTAL
38
WAYFINDING SIGN
SF
6
$132,33
$794.00
39
SIGN 003-03
POLE MOUNTING
EACH
I
HARDWARE
.............. .
$357,00
S35700
40
WAYFINDING SIGN
SF
10
$7.5,20
$752,00
SIGN 003-04
POLE MOUNTING
4=1
HARDWARE
EACH
I
S357.00
$357,00
LT�—oTAL LID
412�34.C1f1
Eighty-Two'Mousand, Threg Hundred Ninety -Four Dollars and No
Cents
(In writing) (in writing)
%82,394 Dollars and Cents
(In figure) (in figure)
Fabrication mid Installation of Wayfinding Signage 40
THIS Contract (hereinafter the " Contract") is entered into on this day of , 2018,
by and b e t w e e n t h e VILLAGE OF MOUNT PROSPECT, �n Illinois municipal
corporation (hereinafter the "Village"), and an
(hereinafter the 'Contractor") (Village and Contractor so�metimes'referred to individually
2.s "Party" and collectively as "Parties"),
WHEREAS, the Village has solicited competitive bids for its "Fabrication and
Installation of Wayfinding Signs" project; and
WHEREAS, the Contractor submitted a bid to perform the work associated with
the Fabrication and Installation of Wayfinding Signs Project (hereinafter the d"); and
ITHEREAS, upon its review of the submitted bids, the Village has awarded the
contract to perform the work associated with the Fabrication and Installation of
Wayfinding Signage Project 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 follo
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
1 Instructions to Bidders
4. General Conditions and Special Provisions
5. Detailed Wayfinding Sign Documents
6. Bid Submittals, including Bid Form, Affidavit — Bid Certification Form, Bid
Sheet
(*Bidder's/Contractor's completed Bid Submittals)
7. Other materials or standards provided or noted by the Village
B. Contract
9. Applicable performance and labor and materials payment bonds, or letter of
credit. (Collectively the "Contact Documents")
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.
Fabticafion erica Installation of Wayfinding Signage 41
3. The Contractor certifies that it will comply with all state and federal laws a
regulations, and county and municipal ordinances, as set forth in the Gene
Conditions.
ARTICLEPERFORMANCE QUILLAU
The Village agrees to pay the Contractor for its performance of the Work in the manner
and amount provided in the Contract Documents.
ART19.LE IV - QQbjEL1Qj BF.TWEEN CQNIRACT 129!QUMENTS
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.
ARMLE V — COMMENCEMENI ANILOMPLETION QE 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 have achieved substantial performance within seventy (70)
consecutive calendar days after the Notice to Proceed has been issued with final
performance thirty, (30) 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.
,Z' *fCLE V — b101CF.
Unless otherwise provided, all notices required under this Contract shall be made in
writing and addressed or delivered as follows:
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 A — PRIOS AQRFMMENjS- SUQ9.ESSORS
This Contract supersedes all previous agreements, understandings and representations
Fabrication and Installation of Wayfinding Signage 42
N f 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
N r 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.
A
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
remN ve 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
assiN nment 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,
N"` lay, 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
N ver 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
v.cceptable manner as the Village may in its discretion determine.
ARTIQL9 Vill - DEEAULI QX VILLArgE
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
Fabrication and Installation of Wayfinding Signage 43
z -
be considered a material default. Upon termination, the Village shall be responsible to
pay any uncontested payments due for work performed.
AUJ"9J&=Y&WE
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 QDNT_ ". I
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.
ABIWLE Al &UMULATIME flEMEDILS
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
M ther right or remedy available by law or authorized by this Contract.
ARTICLE XII - COMPLIAN99)NIIH 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 X111 - DISPUTE RE59LUIION
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 being 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.
Fabileation and Installation ofWayriding Signage 44
ASIIQLE XIV - AaSUNMENT
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.
A", -#M!!MMI — ENTI i AGREEMENJ
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.
Fabrication and histallation of Wayfinding Signage 45
By:
Title:
Title:
By,
Title'.
Date'.
UNKI
Title:
Fabrication and Installation of Wayfinding Signage 46
BIDDEWS ACKNOWLEDGMENTOF RECTIPT
ADDENDUM NO. I
VILLAGE OF NIOUNTPROSPECT, HAANOIS
FABRICATION AND INSTALLATION OF
WAYFINDING'SIG NAGE
BIDDER leer by acknowlalges receipt of Addendurn No, I
Company Narne......... Scarth Water Signs
N
Print Name —.. .... -- ... : Paul Kaminski
Position/Title..... .... - - : Architectural Sales
Date ....... -- ... - .... : 1/26/18
Note: This Addendum shall be included with and is considered part of the bid
documents. Failure to return this form may result in disqualification of
the BIDDER. Include this original in your bid.
Page 4 ot'4
BIDDEWS ACKNOWI,,E[)('I'tMEN'I'Oli'RECEII-yl'
ADD1,',NDUM No. 2
V11..,LAGE OFMOUNT PROSPECT, 11 LINOIS
FABRICATION AND INSTALLATION OF
WAYFINDING Sl(,I'NA(-#'E
BIDDEIR hereby acknowledges receipt of Addendum No, 2
Company Nmne ......... South Water Signs
Print Natne................ : Eaul &aj.).a. nski
Positionfl'itle ... Architectural Sales
Note: "Uhis Addendum shall be included with and is considered part of the bid
documents. Failure to return this form may result in disqualification of
the BIDDER. Include this original in your bid.
Page 2 ot'2
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