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HomeMy WebLinkAbout8.3 Motion to Accept bid for Community Development Block Grant BoardDocs® ProPage 1 of 3 Agenda Item Details MeetingApr 17, 2018 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - 7:00 p.m. Category8. VILLAGE MANAGER'S REPORT Subject8.3 Motion to accept bid for Community Development Block Grant (CDBG) Sidewalk Improvements in an amount not to exceed $176,038. AccessPublic TypeAction Recommended ActionAccept the lowest cost, responsive bid as submitted by Schroeder & Schroeder, Inc. of Skokie, Illinois for construction of the 2018 Community Development Block Grant (CDBG) Sidewalk Improvements in an amount not to exceed $176,038. Public Content Information This year’s Community Development Block Grant (CDBG) Sidewalk Program includes new sidewalk to be installed on the north side of Dempster Street, between Redwood Drive and Linneman Road. This fills in the remaining gap in public sidewalk along the north side of Dempster Street between Elmhurst Road and Algonquin Road. Also included in this year’s program is the replacement of existing sidewalk that does not comply with the standards for the Americans with Disability Act (ADA) at eligible locations in the Village; specifically targeting Dempster Street from Elmhurst Road to Algonquin Road. A location map depicting the project area is attached. The CDBG program is a wholly federally funded urban neighborhood improvement program administered by the United States Department of Housing and Urban Development (HUD). It avails federal money for specific improvements in geographic areas that satisfy HUD community needs criteria. A map depicting these areas within the Village is attached. Bid Results A Notice to Bidders was posted on the Demandstar by Onvia website and published in a local newspaper. Copies of the bid documents and project plans are attached. The bid opening for the 2018 CDBG Sidewalk Program was held on April 2, 2018 at 1:00 PM. Six (6) contractors submitted bids for this project. The bids ranged from a low of $96,889.22 by Schroeder and Schroeder, Inc. to a high of $149,068.50 by Globe Construction, Inc. A summary of bid results is denoted in the table below. A detailed bid tabulation is attached. BiddersBid Schroeder & Schroeder, Inc.$96,889.22 ALamp Concrete Contractors, Inc.$99,389.50 Copenhaver Construction, Inc.$120,898.00 https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login6/12/2018 BoardDocs® ProPage 2 of 3 BiddersBid Triggi Construction, Inc.$124,999.25 Alliance Contractors, Inc.$133,763.80 Globe Construction, Inc.$149,068.50 Engineer’s Estimate $143,537.75 Discussion All bidders submitted a bid bond in the amount of 10% of the total bid as required in the bid proposal packet. All bids were checked for their accuracy. One error was found, but it did not change the order of the bids. All bidders correctly signed their bids and bid bonds. The low bidder, Schroeder and Schroeder, Inc. is qualified to complete the work involved with this project and meets the requirements of the contract documents. Schroeder and Schroeder, Inc. has worked on previous Village sidewalk projects, including the 2016 and 2017 New Sidewalk Programs, 2016 and 2017 Shared Cost Sidewalk Programs, and 2015 and 2017 CDBG Sidewalk Programs. All of their work has been satisfactory. The Village received a 2018 CDBG grant in the amount of $176,038 for sidewalk improvements. Unspent grant funds cannot be utilized in other geographic areas or for other purposes. Consequently, it is staff's recommendation that the proposed contract quantities be increased to facilitate the expenditure of the entire grant amount ($176,038) at the low bidder's unit prices to replace additional ADA noncompliant sidewalk. This particular stretch of new sidewalk is located adjacent to Birch Manor Condominiums, which were recently annexed into the Village. Completing the sidewalk gap in this location will be a direct benefit to the residents of Birch Manor and the surrounding neighborhood. Alternatives 1. Accept lowest cost, responsive bid for construction of the 2018 CDBG Sidewalk Improvements. 2. Action at discretion of Village Board. Staff Recommendation Staff recommends that the Village Board accept the lowest cost, responsive bid for construction of the 2018 CDBG Sidewalk Improvements in an amount not to exceed $176,038. Location Map.pdf (43 KB)Specifications.1.pdf (12,758 KB) Plans.2.28.18.pdf (1,398 KB)bid tab.pdf (16 KB) Schroeder & Schroeder.pdf (623 KB)CDBG ELIGIBLE AREAS 2018.pdf (243 KB) Administrative Content NB - added the last paragraph related to birch manor. Executive Content https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login6/12/2018 BoardDocs® ProPage 3 of 3 Motion & Voting Accept the lowest cost, responsive bid as submitted by Schroeder & Schroeder, Inc. of Skokie, Illinois for construction of the 2018 Community Development Block Grant (CDBG) Sidewalk Improvements in an amount not to exceed $176,038. Motion by Michael Zadel, second by Richard Rogers. Final Resolution: Motion Carries Yea: William Grossi, Eleni Hatzis, Paul Hoefert, Richard Rogers, Colleen Saccotelli, Michael Zadel https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login6/12/2018 Bid Request For 2018 CDBG SIDEWALK PROGRAM BID OPENING: April 2, 2018 1:00 P.M. Local Time Mount Prospect Public Works Department 1700 W. Central Road, Mount Prospect, Illinois 60056-2229 1 NOTICE TO BIDDERS Bid for 2018 CDBG Sidewalk Program Sealed bids will be received until 1:00 p.m. on April 2, 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 2018 CDBG Sidewalk Program. The project consists of the following: 1. Installing new sidewalk on the north side of Dempster Street, between Redwood Drive and Linneman Road. Dempster Street is a Cook County Department of Transportation and Highways road. 2. Removing and replacing existing sidewalks on the north side of Dempster Street, between Redwood Drive and Linneman Road. Dempster Street is a Cook County Department of Transportation and Highways road. All work under this Bid and the resulting contract shall comply with the Davis- Bacon Act under the U.S. Department of Labor and the Prevailing Wages as determined by the U.S. Department of Labor and the other applicable laws and ordinances. Plans and specifications may be obtained at th Onvia DemandStar website by using the following link: www.mountprospect.org/bids. Offers may not be withdrawn for a period of ninety (90) days after the bid date without the consent of the Board of Trustees. Any Bid submitted unsealed, unsigned, sent via email or fax or received subsequent to the aforementioned date and time, will be disqualified and returned to the bidder. The Village reserves the right in its sole discretion, to reject any and all bids or parts thereof, to waive any irregularities technicalities and informalities in bid procedures and to award the contract in a manner best serving the interests of the Village. Village Manager Michael J. Cassady 2 2018 CDBG SIDEWALK PROGRAM Table of Contents Page Notice to Bidders 2 Table of Contents 3 Instructions to Bidders 4 General Conditions 9 Specifications 27 CCDD Information 34 Bid Form 35 Affidavit Bid Certification Form 38 Bid Security 40 Bid Sheet 41 Contract 43 Labor and Material Payment Bond 49 Performance Bond 53 CDBG Provisions Federal Labor Standards Provisions 5 pages Employee Rights under the Davis-Bacon Act 1 page Payroll Form 2 pages Record of Employee Interview Form 1 page Prevailing Wages Highway Projects 15 pages 3 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 April 2, 2018Sealed Bid for 2018 CDBG Sidewalk Program time of opening. Bids must be signed by an authorized official of the organization submitting the bid with the name of the official and his/her title typed below the signature. 2) Bid Deposit; Surety. A bid deposit in the amount of ten percent (10%) of the total bid amount, payable to the Village, is required, unless otherwise stated in the bid package. The deposit must be in the form of a bid bon performance deposit checks will be retained by the Village until the bid award is made, at which time the checks will be promptly returned to the unsuccessful bidders. The bid performance deposit check of the successful bidder will be retained until surety bonding requirements have been satisfied and proof of insurance coverage is provided. 3) Alternate Multiple Bids/Specifications. The Specifications describe the services that the Village feels is necessary to meet the performance requirements of the Village. It is not the desire or the intent to eliminate or exclude any bidder from bidding because of minor deviations, alternates or changes. Bidders desiring to bid on services which deviate from these Specifications, but which they believe are equivalent, are requested to submit alternate bids. However, alternate bids must be clearly indicated as such, and deviations from the applicable Specifications should be plainly noted. The bid must be accompanied by complete Specifications for the services offered. Bidders wishing to submit a secondary bid must submit it as an alternate bid. There is to be only one bid per envelope. The Village shall be the sole and final judge unequivocally as to whether any substitute is of equivalent or better quality. This decision is final and will not be subject to recourse by any person, firm or corporation. If the bidder wishes to qualify its bid or make special stipulations thereto, such qualifications or stipulations shall be stated on standard letterhead size sheets of paper, all attached to the bid form. 4) Erasures. All erasures or revisions of the bid must be initialed by the person signing the bid. 5) Receiving Of Bids. Bids received prior to the time of opening will be securely kept, unopened. The Village Clerk or his/her designee, whose duty it is to open the bids, will decide when the specified time has arrived, and no bid received thereafter will be considered. No responsibility will be attached to the Village or its representatives for the premature or non-opening of a bid not properly addressed and identified, except as otherwise provided by law. 6) Late Bids. Bids arriving after the specified time, whether sent by mail, courier, or in person, will not be accepted. These bids will either be refused or returned unopened. It is the 4 are delivered after the specified hour will not be accepted regardless of post marked time on the envelope. 7) Bids By Email And Fax. Email and Facsimile machine transmitted bids will not be accepted. 8) Error In Bids. When an error is made in extending total prices, the unit bid price will govern. Otherwise, the bidder is not relieved from errors in bid preparation. 9) Withdrawal Of Bids. A written request for the withdrawal of a bid or any part thereof may be granted if the request is received by the Director of the requesting Department prior to the specified time of opening. After the opening, the bidder cannot withdraw or cancel his bid for a period of ninety (90) calendar days, or such longer time as stated in the bid documents. 10) Bidders Qualifications. All bidders must submit the following information on or before the time at which the bid is required to be submitted: a. b. Evidence of ability to provide an efficient and adequate plan for executing the work. c. A list of similar projects carried out by the bidder. d. A list of projects the bidder presently has under contract. e. Any additional evidence tending to show that the bidder is adequately prepared to fulfill the contract. 11) References; Background. Check. Bidders shall include with its bid, on a separate sheet attached to the bid, the names of three (3) references regarding its financial qualifications and three (3) references regarding its qualifications by experience, ability, personnel and equipment to undertake work of the nature and extent contemplated by the bid and Specifications. References must include company name, address, contact person, and telephone number. The Village reserves the right to reject bids not accompanied by the required references. All Bidders, as a condition of and prior to entry into a contract, agree that a complete background investigation of the principals of the Bidder and all employees who will work on the project may be made. Bidders agree to cooperate with the appropriate Village personnel to supply all information necessary to complete these investigations. The Village in its complete discretion may disqualify any Bidder, including a low Bidder, and may void any contract previously entered into based upon its background investigation. 12) Consideration Of Bid And Contract. No bid will be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to the Village upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the Village or had failed to perform faithfully any previous contract with the Village within two (2) years prior to the date of the invitation to bid. 13) Conditions. Bidders are responsible to become familiar with all conditions, instructions and Specifications governing this bid. The bidder is responsible to visit a site if necessary and its bid is based upon the knowledge of all information readily available at the site of such a visit. Once the bids have been opened, the failure to have read and understood all conditions, Specifications and instructions shall not be cause to alter the original bid or to request additional compensation. No extra compensation will be allowed the successful bidder for failure to inform or familiarize itself prior to bidding. 5 14) Interpretation Of Bid Documents. Any bidder in doubt as to the true meaning of any part of the Specifications or other bid documents may submit a written request for interpretation to the Village, as provided in the Specifications. Bidders will acknowledge receipt of any addendum issued by so noting on the bid sheet. Oral explanations are not binding. 15) Prices. Unit prices shall be shown for each unit on which there is a bid, and shall include all packing, crating, freight, and shipping charges, and cost of unloading at the destination unless otherwise stated in the bid. Unit prices shall not include any local, state or federal taxes. The Village is exempt, by law, excise tax. The Village will supply the successful bidder with its tax exemption number. Cash discounts will not be considered in determining overall price, but may be used in an overall evaluation. 16) Qualifications of Contractors. Factors: It is the intention of the Village to award the Contract only to a bidder who furnishes satisfactory evidence that it has the requisite experience, ability, capital facilities, plant organization and staffing to enable it to perform the work successfully and promptly, and to complete the work within the time set forth in the Bid Documents. The Village shall consider the following factors: a. The lowest responsible bid. b. The ability, capacity, and skill of the bidder to perform the contract to provide the service required. c. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference. d. The character, integrity, reputation, judgment, experience, and efficiency of the bidder. e. The quality of performance of previous contracts of services. f. The previous and existing compliance by the bidder with laws and ordinance relating to the contract or service. g. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service. h. The quality, availability, and adaptability of the supplies or contractual service to the particular use required. i. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract. j. The number and scope of conditions attached to the bid. k. Whether the bidder has a place of business in the Village. l. Responsiveness to the exact requirements of the invitation to bid. m. Ability to work cooperatively with the Village and its administration. n. other entities as experience, efficiency and cooperativeness. o. Any other factor that the Village may legally consider in determining the bid that is in the best interests of the Village. 17) Award Or 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 6 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. Specifications must be shown in writing and attached to the bid form. No verbal exceptions or agreements with employees of the Village will be considered valid. Such exceptions or deviations can be cause for rejection of the bid proposal. Any exceptions not taken by the bidder shall be assumed by the Village to be included. A contract will be awarded to the lowest responsible bidder complying with the conditions of the bid documents only when it is in the best interest of the Village to accept the bid. The Village shall be the sole judge of compliance with the Specifications. 18) Other Requirements. a. New Equipment. The bidder certifies that any equipment to be furnished shall be new, current model, standard production and fully operable, unless otherwise indicated on the bid form. b. Material, Equipment and Service Standards. Unless otherwise directed by the Specifications, all materials, equipment and services provided will meet standards or requirements which would normally be anticipated in common practice. The bidder guarantees that all applicable federal, state and local laws, including OSHA, are being complied with in connection with the bid and any resultant contract or purchase by the Village. c. Data; Proprietary. Complete and detailed brochures and specifications for vehicles equipment, materials, goods, supplies and/or services to be furnished must be included with each bid. Any reservations on the use of data contained in a bid must be clearly stated in the proposal itself. Unless stated otherwise, information submitted in response to the bid is not proprietary or confidential. d. Patented Devices, Materials, And Processes. Contract prices are to include all royalties and costs arising in the Work. It is the intent that whenever the Bidder is required or desires to use any design, device, material, or process covered by patent or copyright, the right of such use shall be provided for by suitable legal agreement with the patent owner. 19) Requirement Of Bidder. The successful bidder shall, within ten (10) days after notification of the award of the contract: a) enter into a contract in writing with the Village covering all matters and things related to its bid; and b) furnish the required certificate of insurance and bonds. 20) Bid Certification Form. All bid submittals must include a signed Bid Certification Form (copy attached) certifying non-collusion in the bid, and that the bidder is in compliance with 7 Sections 33E-3 and 33E-4 of the Illinois Criminal Code regarding bid rotating and bid- rigging, 720 ILCS 5/33E-3, 33E-4, compliance with the Illinois Drug Free Workplace Act, 30 ILCS 580/1, et seq., and Substance Abuse Prevention in Public Works Projects Act, 820 ILCS 265/1 et seq., that it is not delinquent in the payment of taxes (65 ILCS 5/11-42.1) and that it has a written sexual harassment policy in place in full compliance with Section 2-105 of the Human Rights Act, 775 ILCS 5/2-105, as amended, Sections 33E-3 and 33E-4 states that it is unlawful to participate in bid-rigging and/or bid rotating. Therefore, all bidders must certify, under oath, that they are not barred from bidding on the contract as a result of a violation of Sections 33E-3 and/or 33E-4, prohibiting bid-rigging and bid rotation. Therefore, the Bid Certification Form must be notarized. 21) Interpretation Of Bid Documents. Any bidder in doubt as to the true meaning of any part of the Specifications or other bid documents shall submit a written request for interpretation to the _Village Engineer_, no later than five (5) calendar days prior to the date set for the opening of the bid. Any questions received after that time may be answered at the discretion of the Village. In the event that the Village finds a question to be adequately addressed in the existing bidding documents, the question may be answered in writing by directing the requesting bidder to the applicable provision(s) in the existing bid documents. No further clarifications or interpretations will be issued. Bidders will acknowledge receipt of any addendum issued by so noting on the bid sheet. Oral explanations are not binding. Questions about this Request for Bids should be directed: Jeff Wulbecker Village Engineer Mount Prospect Public Works Department 1700 West Central Road Mount Prospect, IL 60056 Phone: 847-870-5640 Email: jwulbeck@mountprospect.org . 8 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: 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. bidder to perform the proposed work in accordance with these specifications. work contemplated. The phrase of Contents, Instructions to Bidders, General Conditions and Special Provisions, Specifications, Bid Form, Affidavit Bid Certification Form, Bid Security, Bid Sheet, Other Materials or standards provided or noted by the Village, Contract, Performance Bond form, and Labor and Materials Payment Bond form. ritten agreement between the Village and the contractor, or between the owner and the contractor. Form, Bid Security, Bid Sheet, Contract and required bonds or letter of credit. who shall have entered into an agreement or contract to furnish all necessary labor, equipment, tools and materials for the performance of the work under its bid and the Bid Documents. The phrase the Village of Mount Prospect. Substantial Performance and the punchlist items must be completed. The term 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 Village to the successful bidder. 9 inviting bids for the proposed improvements. the performance period/ e contract from start to Substantial Performance. 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. drawings pertaining to the work provided in the contract. to the Village, which includes targeted dates of completion through the Substantial Completion Date. o be completed after Substantial Performance. 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. requirements contained herein, together with written agreements and all other executed documents which describe the method of performing the work, the quantities, or the quality of material to be furnished under the contract. Additionally, the term specifications will refer to standard practices SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (R&BC), latest revision al, latest revision. contractor supplying labor, equipment, tools and materials for use in the work of the contract. the date that the entire Project can be used for the purposes for which it was intended, i.e., only punchlist items remain. 10 performance must be completed. . Mount Prospect, Illinois or his duly appointed representative. The terms angeably 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. -half the standard length of pipe, typically this is seven (7) feet. 2) Award Of Contract; Performance; Payment. a. Award Of Contract. The Village will issue a Notice of Award to the successful bidder, advising that it has been awarded the contract. Within ten (10) days of delivery of the Notice of Award, by personal service or registered or certified U.S. mail, posted prepaid and receipt requested, Contractor shall execute the Contract, attached to the Bid Documents, and furnish the Village with the required bonds and certificate of insurance. b. Notice To Proceed. 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 thirty-six (36) days after the Notice to Proceed is effective (the Substantial Performance Date Performance is when the entire Project can be used for the purposes for which it was intended, i.e., only punchlist items remain. ii. Final completion shall be within ten (10) days after the Substantial Performance d. Project Schedule. Within ten (10) days after the Contractor executes the Contract, Contractor shall submit to Village a Project Schedule to include targeted dates of completion of all construction and other requirements of the Contractor through the Substantial Completion Date. Contractor shall monitor schedule progress and provide monthly updates and revisions of the Project Schedule, as needed to Village. e. Liquidated Damages For Inexcusable Delay. i. Time is of the essence. The Contractor agrees that all work included in connection with this project must be completed by the Final Performance Date, or sooner, after receipt of Notice To Proceed. It is hereby acknowledged and 11 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. 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. From the amount so determined, there shall be deducted ten percent (10%) to be retained until after completion of the entire Work to the Village for payment, except that no amount less than $500 will be so certified unless the total amount of the contract is less than $500. In addition, an estimate may, at the discretion of the Village and upon presentation of receipted invoices and freight bills, be made for payment of the value of acceptable materials delivered on the Work or in acceptable storage places and not used at the time of such estimate. Ten percent (10%) shall be retained from the value of such materials until final payment. Such materials, when so paid for by the Village, shall become the property of the Village, and in the event of default by the Village, shall become the property of the Village, and in the event of default by the contractor, the Village may use 12 or cause to be used such materials in the construction of the work provided for in the contract. The amount thus paid by the Village shall be deducted from estimates due the contractor as the material is used in the work. Partial payment for work or materials shall not be construed as an acceptance of the work or any part of it, or as a waiver of any provisions of the contract. Partial payment will only be granted if in the opinion of the Village sufficient labor and materials have been expended to warrant it. If partial payments are requested, the Contractor shall submit with each payment request a properly completed 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 Affidavits and partial waivers of lien for each subcontractor and supplier showing that the amount paid to date to each is at included on the previous payment request. j. Acceptance and Final Payment. Whenever the Work shall have been completely performed on the part of the contractor, including Punchlist items, and all parts of the Work have been approved by the Village and accepted by the Village, a final payment showing the value of the work will be prepared by the contractor as soon as the necessary measurements and computations can be made, all prior estimates upon which payments have been made being approximate only and subject to correction in the final payment. The amount of this estimate, less any partial or semifinal payments previously made and less any sums that have been deducted or retained under the provisions of the contract, will be paid to the contractor as soon as practicable after the final acceptance, provided the contractor has furnished to the Village the required maintenance bond and satisfactory evidence that all sums of money due for any labor, materials, apparatus, fixtures or machinery furnished for the purpose of such work have been paid or that the person or persons to whom the same may be due have consented to such final payment. If final payment is requested, the Contractor shall submit a properly completed Affidavit setting out, under oath, the name, address and amount due or to become due, of Contractor, each subcontractor, vendor, supplier or other appropriate party included in its cost, and a full and final waiver of lien for the full amount of the Work, less retainage. The respecting any part of the Work. The Contractor shall also deliver to the Village the required maintenance prior to Final Payment bond and upon receipt of Final Payment a set of Plans - The acceptance by the contractor of the final payment shall constitute a release and waiver of any and all rights and privileges under the terms of the contract; further, the acceptance by the contractor of final payment shall relieve the Village from any and all claims or liabilities for anything done or furnished relative to the Work or for any act or neglect on the part of the Village relating to or connected with the Work. k. Punchlist. The Contractor shall notify the Village when it believes substantial performance of the entire Project has been achieved. The Village, and/or any independent consultant engaged by the Village, shall then inspect the Project site with the Contractor, and prepare 13 and deliver to the Contractor within five (5) days thereafter, a written Punchlist indicating items of construction which are not in material conformity with the Contract Documents. The Punchlist items shall be completed by the Final Performance Date. Pending completion of Punchlist items, the Village may withhold from amounts due to the Contractor an amount equal to but not greater than one and one-half (1½) times the estimated cost to complete Punchlist items. l. Final Policing Of The Sites. inspection, the contractor shall have removed from the project sites all surplus equipment, machinery, materials, debris, barricades, and signs. The contractor shall leave said project sites in the best possible condition to the complete satisfaction of the Village. m. Final Inspection. The Village shall make final inspection of all of the Work, as soon as practicable after notification in writing by the contractor that the work is completed and ready for acceptance. If the Work is not acceptable to the Village at the time of such inspection, the Village shall inform the contractor as to the particular defects to be remedied before final acceptance can be made. n. Alterations, Cancellations, Extensions And Deductions. The Village reserves the right to alter the plans, extend or shorten the improvement, add such incidental work as may be necessary, and increase or decrease the quantities of work to be performed to accord with such changes, including the deduction or cancellation of any one or more of the unit price items. Such changes shall not be considered as a waiver of any condition of the contract nor to invalidate any of the provisions thereof. A written change order may apply. designated representative who shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress of the work, interpretation of the plans and specifications, acceptable fulfillment of the contract, compensation and disputes and mutual rights between contractors under the specifications. o. Change Orders. The Village may from time to time require changes in the Work. Such changes shall comply with Section 33-E9 of the Criminal Code, 720 ILCS 5/33E-9. p. Right Of The Village To Terminate The Contract. i. If the Contractor fails to begin the Work under the Contract within the time specified, or fails to perform the Work in accordance with the terms of the approved schedule or performs the Work in a manner unacceptable to the Village, or neglects or refuses to remove materials or perform anew such Work as has been rejected by the Village, or if the Contractor shall become insolvent or be declared bankrupt, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall fail to carry on the Work in a manner required by the Contract, the Village shall give notice as hereinafter provided to the Contractor and its surety in writing specifying such failure, delay, neglect, refusal or default, and if the Contractor, within a period of ten (10) calendar days after the giving of such notice, shall not proceed in accordance therewith, then the Village shall have full power and authority to declare the this Contract and the Contractor in default, and to forfeit the rights of the Contractor in this Contract. 14 ii. surety to complete the Work in accordance with the terms of this Contract or may take over the Work, including any materials on the Work site as may be suitable and acceptable to the Village and may complete the Work by its own forces or on its own account, or may enter into a new contract or contracts for the completion of the Work, or may use such other methods as shall be required for the completion of the Work in an acceptable manner as the Village may in its discretion determine. iii. All costs and charges incurred by the Village, together with the cost of completing the Work shall be deducted from any moneys due or which may become due on this to the Contractor under this Contract. Following any payment due and received by 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 total bid price. c. Cooperation With Utilities. It is understood and agreed that the contractor has considered in its bid all of the permanent and temporary utility appurtenances in their present or relocated positions that may be encountered during construction and no additional compensation will be allowed for any delays, inconvenience, or damage sustained by it due to any interference from the said utility appurtenances either by the utility company or by it, or on account of any special construction methods required in prosecuting its work 15 due to the existence of said appurtenances either in their present or relocated positions. The contractor shall insure that prompt repairs are, to the approval of the inspector, made to any utility appurtenances damaged by it without compensation from the Village. During performance of the work, Contractor shall protect all utilities and property from damage. Contractor shall spot all utilities prior to any excavation work. Contractor shall call J.U.L.I.E. one Call System (1-800-892-0123), and request utility locations as soon as possible for emergency repairs and within forty-eight (48) hours for non-emergency work prior to excavation in strict accordance with J.U.L.I.E. one Call System operation procedures. d. Clean-Up. After all work under each task phase of the work is completed, the Contractor shall remove all loose debris and other materials not incorporated in the work from the site of the work. Any clean up or restoration to private property will be the responsibility of the Contractor. e. Construction Noise Restriction. All construction activities or alteration operations within the Village shall be performed only between the hours of 7:00 a.m. and 7:00 p.m. Variations from these time limitations shall be allowed only in the case of maintenance of operation of safety and traffic control devices such as barricades, signs and lighting, or to construction of an emergency nature. More stringent requirements may be assessed for work in state highway or railroad rights-of- receive prior approval from the Village. f. General. The work to be performed under the contract includes the furnishing of all supervision, labor, materials, tools, equipment and incidentals of every kind and description necessary for construction, in accordance with the Contract Documents. g. Inspection. All materials and each part or detail of the work shall be subject at all times to inspection by the Village or its inspectors, and the contractor will be held strictly to the true intent of the Specifications in regard to quality of materials, workmanship and diligent execution of the contract. The Village or its inspectors shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the contractor as is required to make a complete and detailed inspection. Materials, components or completed work not complying therewith may be rejected by the Village and shall be replaced by the Contractor at no expense to the Village. Any rejected material or component shall be removed at the entire expense of the Contractor, after written notice has been mailed by the Village to the Contractors that such materials or components have been rejected. The contractor shall, if the Village requests, remove or uncover such portions of the finished work as the Village may direct before final acceptance of the same. After the examination, the contractor shall restore said portion of the work to the standard required by the Specifications. If the work thus exposed or examined proves acceptable, the expense of uncovering or removing and the replacing of the parts removed shall be paid for as extra work; but if the work so exposed or examined is unacceptable, the expense of uncovering or removing and replacing of the same shall be borne by the contractor. h. Materials And Equipment. Except where the Specifications indicate otherwise, the Village is not responsible for providing any tools, equipment or storage under the 16 contract in order to permit its completion of any contractual obligations under the contract, which may be awarded as the result of the bid. 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. objectionable to the Village shall be immediately transferred from the work-site upon the Village in charge of the Work or making the Village responsible for safety. All on the road vehicles or 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 be interfered with, damaged, and/or necessarily relocated, reconstructed, or repaired in the performance of the Work herein provided for, including the restoration and resurfacing of unpaved portions of public streets and alleys, rights-of-way, easements, and private property damaged or disturbed by the Work, the same to be restored to as good condition as the same existed at the time of the commencement of any such Work or relocation. It is further agreed that the owners of any structures, improvements, installations, referred to in the preceding paragraph shall have the right to do the Work or any part thereof necessary for the relocation, reconstruction, replacement, repair, and other Work required by reason of any interference with and/or damage to such structures, improvements, installations, due to the prosecution of the Work and upon completion of 17 such Work by them done, said owners may render bills to the Bidder for the cost and expenses thereof which bills shall be paid by the Bidder without extra compensation therefore from the Village, upon demand by said owners, or upon demand made by the Village upon the Bidder for the payment thereof. l. Public Convenience And Safety. The contractor shall notify the Director of Public Works at least three (3) days in advance of the starting of any construction work which might in any way inconvenience traffic, and the contractor shall at all times conduct the work in such a manner as to insure the least obstruction to vehicular and pedestrian traffic. Whenever possible, the contractor shall provide and maintain at his own expense such temporary roads and approaches as may be necessary to provide access to driveways, houses, buildings or other property abutting the improvements. In no case will the contractor obstruct entrance ways into private property without first seeking the Village 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 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 of the Village made under this provision, the Village shall, after giving written notice to the contractor, have the authority to cause defective work to be remedied, or removed and replaced, or to cause unauthorized work to be removed, and deduct the cost thereof from any compensation due or to become due the contractor. o. Scheduling. s 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. Specifications for Road and Bridge Construction, latest edition. The Contractor shall 18 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. - price of the pay item and considered as incidental to that pay item and will not be considered an extra line item. r. Tree Protection. All tree protection shall be incidental to the contract and shall be installed and maintained in accordance with the Tree Protection Ordinance and plan as specified by the Village. REMOVAL PROHIBITED UNLESS AUTHORIZED: All trees shall be maintained, saved, and protected from damage unless removal is approved by the Village. CRITICAL ROOT ZONE: To prevent unnecessary damage to existing public trees during construction, proper tree protection guidelines must be followed, particularly in the root zone where major support roots securely hold the tree in the soil. This Critical Root Zone (CRZ) is defined as the entire ground area within the vertical projection of the crown of a tree. This is also commonly referred to as the area within the drip line of a tree. Power equipment may not be used to excavate soil, change grades, or dig trenches in the Critical Root Zone. All soil excavation done within the CRZ must be done by hand, except as authorized in these specifications. Exceptions to the above shall be granted only with written permission from the Director of Public Works. FENCING: All unpaved ground on public property within the Critical Root Zones (CRZ) of existing trees subject to construction damage shall be fenced before any work is started. This Tree Protection Fencing will be paid for as specified in these contract documents. Once assembled, no fencing shall be removed without prior approval of the Engineer, and there shall be no construction activity or material including storage, stockpiling, and equipment access within the enclosure. Fencing material shall be orange polypropylene snow fence supported with metal posts, and installed according to the detail which will be provided by the Forestry Division. CHANGES TO EXISTING GRADE: No changes to original grade shall be allowed inside the CRZ. 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 par 19 contact the Forestry Division to request pruning. If Forestry deems the request 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, Equipment and Labor Rate Charges. Additionally, the Village may fine the contractor for unnecessary tree damage according to the schedule listed in Appendix A, Division III of the Village Code. If in the opinion of the Village, the amount of damage warrants removal of the tree due to safety or aesthetic concerns, the Contractor shall remove the tree, along with its stump to a depth of 12 inches below grade. The Contractor shall pay the Village for replacement of the tree. Replacement cost will be determined by multiplying the diameter of the damaged tree, as measured 4-1/2 feet above the ground, by the rate of $150.00/inch. The Contractor shall be responsible for being familiar with and complying with all aspects of the Village of Mount Prospect Tree Protection ordinances and Arboricultural Standards Manual as they relate to the various site locations. Any questions regarding tree protection shall be directed to the Village Forestry Division and their response or direction shall be considered as the final word/decision on tree protection issues. Any costs for tree protection fencing, posts, labor or other associated labor or material shall be incidental to the fixed cost per unit bid. s. Work In Street Right-Of-Way. -of- 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. Cook County permit and Insurance will be required for this project. 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. 20 a. Performance And Labor And Material Payment Bond. Upon submission of the executed contract to the Village, Contractor shall furnish to the Village a surety bond in the amount one hundred and ten percent (110%) of the bid for the faithful performance of the Contract and to indemnify the Village against loss. The Contractor shall also furnish a labor and materials bond in the amount of one hundred percent (100%) of the bid to ensure payment for all labor and materials, including compliance with the provisions of law relating to the payment of the prevailing rate of wages. The premium of such bonds is to be paid by the Contractor. The surety must be with a substantial surety company satisfactory to the Village and authorized by law to do business in the State of Illinois and endorsed by a local representative of said surety company. All payment and performance bonds shall name the Village of Mount Prospect as Obligee and be written upon forms prepared or approved by the Village. Said bonds may be satisfied with a Letter of Credit, in the form acceptable to the Village, from a bank or savings and loan within the Chicago metropolitan area. The bonds and Letter of Credit shall remain in effect during the full term of the Contract and any extension thereof. Failure to so provide these bonds or Letter of Credit shall result in forfeiture of the bid bond/Letter of Credit to the Village as liquidated damages and not as a penalty, and the termination of the contract and/or withdrawal of the award. b. Insurance Requirements. In submission of a bid, the bidder is certifying that it has all type of work. In addition, the bidder is certifying that, as successful bidder/Contractor, upon execution of the Contract, it will provide Insurance of such types and in such amounts as may be necessary to protect itself and the interests of the Village against all hazards or risks of loss contemplated by the Contract. The Village shall be named as additional insured on all applicable insurance policies. Satisfactory certificates of insurance shall be filed with the Village upon execution of the Contract. The certificates shall state that thirty (30) days advance written notice will be given to the Village before any policy covered thereby is changed or canceled. Insurance coverage shall be in the following minimum amounts: i. Limit/ Limit/ Type of Insurance Ea. Occurrence Aggregate General Liability Bodily Injury $1,000,000 $3,000,000 Property Damage $1,000,000 $3,000,000 Contractual Ins. $1,000,000 $3,000,000 Automobile Liability Bodily Injury $1,000,000 $1,000,000 Property Damage $1,000,000 $1,000,000 Workers Compensation Employee Claims Statutory for Illinois Employers Liability $1,000,000 per accident c. Indemnification. The Contractor shall indemnify and save harmless the Village, its officers and employees from any and all liability, losses or damages, including attorneys fees and costs of defense, the Village may suffer as a result of claims, demands, suits, 21 any way resulting from or arising out of the operations of the Contractor under the Contract, including operations of subcontractors; and the Contractor shall, at his own expense, appear, defend, and pay all fees of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and, if any judgments shall be rendered against the Village in any such action, the Contractor shall, at his own expense, satisfy and discharge same. The Contractor expressly understands and agrees that any bonds, letters of credit or insurance protection required by the Contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Village as herein provided. Contractor agrees to defend and hold harmless the Village from and against all demands, claims, suits, costs, expenses, damages and adjustments based upon any infringement of any patent relating to goods specified in the contract, and on account of d, 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: i. Bid Rigging/Rotating. By submitting a bid, the Contractor certifies that no owner, officer or director is barred from contracting with any unit of state or local government as a result of violating the bid rigging or bid rotating provisions contained in 720 ILCS 5/33E-3 & 33E-4. ii. Tax Payment. The Contractor certifies that it is not delinquent in the payment of any taxes to the Illinois Department of Revenue. (65 ILCS 5/11-42.1-1) iii. Drug Free Workplace Act. The Contractor will comply with the requirements of the Drug Free Workplace Act if the contract is $5,000 or more and it has more than 24 employees at the time of entering into the contract (30 ILCS 580). 22 iv. Preference To Veterans Act. The Contractor will comply with the Preference to Veterans Act (330 ILCS 55). v. Substance Abuse Prevention Program. By submitting a bid, the Contractor certifies that the company has in place, to the extent not covered by a collective bargaining agreement that deals with the subject of the Act, a substance abuse prevention program that meets or exceeds the requirements of the Substance Abuse Prevention in Public Works Projects Act, 820 ILCS 265/1 et seq. vi. Non-Discrimination. The Contractor will comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1, et seq.) vii. Equal Employment Opportunity. The Contractor will comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et seq.), including establishment and maintenance of a sexual harassment policy as required by Section 2-105, and the Rules and Regulations of the Illinois Department of Human Rights, including the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE, which is a material term of all public contracts, as follows: EQUAL EMPLOYMENT OPPORTUNITY In the event of the contractor's non-compliance with the provisions of this Equal Employment Opportunity Clause or the Act, the contractor may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the contractor agrees as follows: 1) That he or she will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, order of protection status, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability, military status or an unfavorable discharge from military service; and, further, that he or she will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any underutilization. 2) That, if he or she hires additional employees in order to perform this contract or any portion of this contract, he or she will determine the availability (in accordance with this Part) of minorities and women in the areas from which he or she may reasonably recruit and he or she will hire for each job classification for which employees are hired in a way that minorities and women are not underutilized. 3) That, in all solicitations or advertisements for employees placed by him or her or on his or her behalf, he or she will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, order of protection status, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability, military status or an unfavorable discharge from military service. 4) That he or she will send to each labor organization or representative of workers with which he or she has or is bound by a collective bargaining or other 23 agreement or understanding, a notice advising the labor organization or representative of the contractor's obligations under the Act and this Part. If any labor organization or representative fails or refuses to cooperate with the contractor in his or her efforts to comply with the Act and this Part, the contractor will promptly notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations under the contract. 5) That he or she will submit reports as required by this Part, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Act and this 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 Contractor and all subcontractors to pay not less than the Prevailing Wages as determined by the U.S. Department of Labor. They are required to pay wage rates in accordance with the Federal Labor Standards Provisions under the Davis-Bacon Act to all laborers, workers, and mechanics. All bonds provided by the Contractor under the terms of this Contract shall include such provisions as will guarantee the faithful performance of the clause. Contractor shall comply with all applicable Federal Labor Standards Provisions in conjunction with the Davis-Bacon Act. The Contractor, and all Subcontractors and Sub-Subcontractors participating on the Project, shall make and keep those records required under the Federal Labor Standards Provisions in paper or electronic format. In conformance with the Provisions, each contractor and subcontractor, or other entity performing work on the project, shall maintain records of all laborers, mechanics and other workers employed by them on the project, including the following information on each worker: (1) name; (2) address; (3) telephone number when available; (4) social security number; (5) classification or classifications; (6) gross and net wages paid in each pay period; (7) number of hours worked each day; (8) hourly wage rate; (9) hourly overtime wage rate; (10) hourly fringe benefit rates. These records shall be kept by the participating contractor and subcontractor for a period of not less than three (3) 24 years from the date of last payment on the contract or subcontract. Each participating contractor and subcontractor shall submit a weekly certified payroll to the Village consisting of the above-referenced information as well as a statement signed by the participating contractor or subcontractor that certifies: (a) the records are true and accurate; (b) the hourly rates paid to each worker is not less than the general prevailing rate of hourly wages required under the Davis- Bacon Act; and (c) the contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class A misdemeanor. ix. Compliance With Freedom Of Information Act Request. Section 7 of the Illinois Freedom of Information Act (FOIA), 5 ILCS 140/7, applies to public records in the possession of a party with whom the Village of Mount Prospect has contracted. The Village of Mount Prospect will have only a very short period of time from receipt of a FOIA request to comply with the request and there is a significant amount of work required to process a request including collating and reviewing the information. The bidder/contractor acknowledges the requirements of FOIA and agrees to comply with all requests made by the Village of Mount Prospect for public 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 and/or arbitration or other dispute resolution costs) arising out of or relating to its failure to provide public records to the Village of Mount Prospect under the contract. 6) Work Guaranty. a. Maintenance Bond. A maintenance bond or a maintenance letter of credit is required. This maintenance bond or maintenance letter of credit amount shall consist of ten percent (10%) of the final project cost; it shall be posted by the contractor with the Village upon completion of all Work; and it shall be valid and effective for a period of two (2) years after the final acceptance of such Work by the Village for the purpose of guaranteeing against and securing the correction of any defect in material or workmanship furnished for such improvements, latent in character and not discernible at the time of final inspection or acceptance by the Village of Mount Prospect. b. General Guaranty. Neither partial or final payment, nor any provision in the contract, nor partial or entire use of the product/Work embraced in the contract by the Village or the Public shall constitute an acceptance of work not done in accordance with the contract, or relieve the contractor of liability in respect to any express warranties or responsibility for failure to comply with the terms of those contract documents. Unless otherwise expressly provided in the Specifications, in the event any defects or imperfections in the materials or workmanship to be furnished by the contractor herein appear within the period of two (2) years from the date of completion of all the Work and acceptance thereof by the Village, the contractor will, upon notice from said Village 25 (which notice may be given by letter to said contractor to the business address of the contractor shown in the proposal), repair and make good at his own cost any such defects or imperfections and replace any defective or imperfect materials or workmanship with other materials or workmanship satisfactory to said Village, and furnish all such new materials and labor as may be necessary to do so; and in the event of the failure, refusal or delay of said workmanship or materials said Village may do so or have same done by others, and said contractor and surety or sureties on the bonds given for the faithful performance of the contract shall be liable to the Village for all damages and expenses occasioned by such failure, refusal or delay. All details of warranties shall be included with the bid. Warranty work shall be at no additional expense to the Village. Manufacturer warranties and guaranties shall be submitted with the bid and shall be considered a part of the contract where such specifications meet the minimum bid Specifications. 7) Miscellaneous Contract Requirements. a. Contract Alterations. No amendment of a contract shall be valid unless made in writing and signed by the Village President, Village Manager, or their authorized representative. b. Licenses And Permits. The Contractor shall procure at its own expense all necessary licenses and permits in connection with the work under the Contract. c. Nonassignability. The contractor shall not assign the contract, or any part thereof, to any other person, firm or corporation without the previous written consent of the Village. Such assignment shall not relieve the contractor from its obligations or change the terms of the contract unless agreed by the Village at its sole discretion. d. Notices. All notices required by the contract shall be given in writing. e. Taxes. The contractor shall pay all federal, state and local taxes as may be applicable on all materials, labor and services furnished by it under the contract, and the amounts of such taxes shall be included in the unit prices bid. 26 SPECIFICATIONS SPECIAL EXCAVATION Description: This work shall consist of excavating for the installation of new portland cement concrete sidewalk and aggregate base. It shall include earthwork and hot-mix asphalt driveway material. Construction Methods: The work shall be done in accordance with Sections 201 and 202 Removal and reinstallation of a portion of the planting bed as shown on the plans shall be included in the cost of the Special Excavation. Basis of Payment: This work will be paid for at the contract unit price per cubic yard for SPECIAL EXCAVATION. This price shall include excavating earthwork or hot-mix driveway material, disposing of excavated material, and all other labor and equipment to complete this item. TREE ROOT PRUNING Description: This work shall consist of root pruning those trees in the vicinity of the new sidewalk installation. For each tree, the limits for the root pruning will be marked out by the Engineer. Construction Methods: The work shall be done in accordance with Section 201 of The root pruning shall be done with an approved root pruning device such as a stump grinder. Root pruning shall be done to a depth equal to the total excavation depth for the sidewalk. Basis of Payment: This work will be paid for at the contract unit price per each tree for TREE ROOT PRUNING (over 10 in.dia. tree). This price shall include the cost for all labor and equipment to complete this item. TREE AND STUMP REMOVAL Description: This work shall consist of removing trees and their stumps marked out by the Engineer. Construction Methods: The work shall be done in accordance with Sections 201 of Basis of Payment: This work will be paid for at the contract unit price per inch diameter for TREE AND STUMP REMOVAL (over 15 in.dia.) This price shall include the cost for all labor and equipment to complete this item. 27 Description: This work shall consist of installing an aggregate base course for the portland cement concrete sidewalk. Construction Methods: The work shall be done in accordance with Section Basis of Payment: This work will be paid for at the contract unit price per square yard for AGGREGATE BASE e shall include the cost for furnishing and placing the aggregate, compacting the base course, and all other labor and equipment to complete this item. PCC SIDEWALK REMOVAL Description: This work shall consist of the removal of existing sidewalk for the construction of new portland cement concrete sidewalk. Construction Methods: The work shall be done in accordance with Section oncrete sidewalks will be removed and disposed of by the Contractor. The limits of removal will be marked by the Engineer. Included in this item is the placement of tree protection fence as shown on the plans. Basis of Payment: This work will be paid for at the contract unit price per square foot for PCC SIDEWALK REMOVAL AND REPLACEMENT, of the thickness specified. This price shall include the cost for removing existing sidewalk, disposal of excavated material, placement and removal of tree protection fence, and all other labor, materials, and equipment to complete this item. , Description: This work shall consist of the removal of existing sidewalk and the construction of new portland cement concrete sidewalk. Construction Methods: sidewalks will be removed and disposed of by the Contractor. The limits of removal will be marked by the Engineer. The Contractor shall notify the resident prior to removing any sidewalk located within the limits of a driveway. The sidewalk shall be sawcut full-depth and any areas outside the limits of the removal which are damaged will be replaced by the Contractor at his own expense. The Contractor shall install sidewalk within five (5) days of excavation, or removal of the existing sidewalk. Should the Contractor fail to install the sidewalk within the specified time, the Contractor shall be subject to liquidated damages equal to one hundred dollars ($100.00) per calendar day for each sidewalk location. 28 The sidewalk shall be constructed of Class SI Concrete. The base shall be tamped or rolled until thoroughly compacted. The thickness shall be 5 thick, rough driveways on IDOT and Cook County Department of Transportation and Highways roads, or as directed by the Engineer. At locations where unsuitable base course materials are encountered, the materials shall be removed to a depth as specified by the Engineer. Aggregate base course material shall be used and compacted to adjust the base course to the proper elevation. The excavation and aggregate base course material shall be considered incidental to this item. Expansion joints 1/2 inch thick shall be placed between the sidewalk and all structures such as b- boxes, manholes, light standards, traffic light standards, and traffic poles which extend through the sidewalk. The b-boxes must be inspected and made operational by the Village prior to placing the concrete. Basis of Payment: This work will be paid for at the contract unit price per square foot for PCC SIDEWALK REMOVAL AND REPLACEMENT, of the thickness specified. This price shall include removal of existing sidewalk, excavating to the proper base elevation, disposing of excavated material, furnishing and placing aggregate base course material where necessary, compaction of the base course, the concrete mixture, the expansion joint filler, and all other labor, materials, and equipment to complete this item. Description: This work shall consist of the construction of new portland cement concrete sidewalk. Construction Methods: The work sh The new sidewalk shall have a maximum cross slope of 1.5%. Any new sidewalk with a greater cross slope shall be removed and replaced at the Cont Basis of Payment: price shall include the cost for furnishing and placing the concrete mixture, the expansion joint filler, and all other labor, materials, and equipment to complete this item. DETECTABLE WARNINGS Description: This work shall consist of providing a detectable warning for a concrete sidewalk ramp by installing pre-manufactured tiles in new concrete. The pre-manufactured tiles shall be Armor-Tile Tactile Systems Cast in Place Tile, or approved equal, and Colonial Red (Federal No. 20109) in color. Construction Methods: s specifications and finish surface in a manner that the tile becomes an integral part of the sidewalk. Basis of Payment: This work will be paid for at the contract unit price per square foot for DETECTABLE WARNINGS and shall include the pre-manufactured tiles and all work to provide a detectable warning in 29 concrete. This pay item covers the preparation of new concrete in order to provide a bed for the pre-manufactured tile, the installation of the tile, and the finishing of the surrounding new concrete surface. The actual concrete installation under and around the tile will be paid for separately as COMBINATION CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENT Description: This work shall consist of the removal of designated existing curb and gutter and installation of new curb and gutter. Construction Methods: The work will be done -cut a clean joint between the portion of curb and gutter to be removed and that which is to remain. If the Contractor removes or damages the existing curb and gutter outside the limits designated by the Engineer for removal and replacement, he will be required to remove and replace that portion at his own expense. Basis of Payment: This work will be paid for at the contract unit price per foot for COMBINATION CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENT. This price shall include all labor, material and equipment necessary to remove and replace the Curb and Gutter including all saw-cutting. This item will include any type of curb and gutter encountered, including but not limited to barrier curb, mountable curb, depressed curb, and integral curb and gutter. HOT- MIX ASPHALT, PCC DRIVEWAY REMOVAL AND REPLACEMENT Description: This work shall consist of the removal and satisfactory disposal of existing hot-mix asphalt and concrete driveway aprons; and the construction of new hot-mix asphalt and concrete driveway aprons, as shown on the plans. Construction Methods: The hot-mix asphalt and concrete driveway aprons to be removed shall be disposed of by the Contractor. The limits of the removal shall be marked by the Engineer; any pavement outside the area limits of removal damaged during construction shall be removed and replaced at the The Contractor shall install Aggregate Base Course, CA-6 and either Portland Cement Concrete, -D N50 or N70, own on the plans. The Portland Cement Concrete shall be constructed in accordance with Section 423 of the Standard Specifications for Road and Bridge Construction insofar as applicable. The hot-mix asphalt shall be constructed in accordance with Section 406 of the Standard Specifications for Road and Bridge Construction insofar as applicable. The aggregate base course, CA-6 gradation as defined in Section 1004, shall be installed and compacted in accordance with the Standard Specifications for Road and Bridge Construction. Basis of Payment: This work will be paid for at the contract unit price per square yard of HOT-MIX ASPHALT DRIVEWAY REMOVAL AND REPLACEMENT or PCC DRIVEWAY REMOVAL AND REPLACEMENT. This price shall include the AGGREGATE BASE COURSE and all labor, material, and equipment to complete this item. 30 CONCRETE CURE AND SEAL COMPOUND, SPECIAL Description: This work shall consist of coating new concrete surfaces with a single application of a combination curing, sealing, and anti-scaling compound that is specifically formulated to resist de-icing salts. The compound shall meet the requirements of ASTM C 1315, Type I, Class A and ASTM C 309, - applied so that coverage can be verified. The compound must dry to a clear and transparent finish. Construction Methods: precautions. Basis of Payment: This work will be paid for at the contract unit price per square yard for CONCRETE CURE AND SEAL COMPOUND, SPECIAL. This price shall include all labor, material, and equipment to complete this item and full cleaning of the surfaces if required prior to the application of the material. CATCH BASIN , TYPE A, 48. Description: This work shall consist of installing a precast concrete catch basin with frame and lid, of the type and size specified on the plans. Construction Methods: All installation shall conform to Section 602 of the Standard Specifications for Road and Bridge Construction. Basis of Payment: This work will be paid for at the contract unit price per each CATCH BASIN, 48. This price shall include all labor, material, and equipment to complete this item. It shall also include connections to existing pipe. CATCH BASIN TO BE ADJUSTED WITH NEW FRAME AND LID Description: This work shall consist of adjusting a catch basin and replacing the open lid with a closed lid as specified on the plans. Construction Methods: All adjustments shall conform to Section 602 of the Standard Specifications for Road and Bridge Construction. Basis of Payment: This work will be paid for at the contract unit price per each CATCH BASIN TO BE ADJUSTED WITH NEW FRAME AND LID. This price shall include all labor, material, and equipment to complete this item. 31 CATCH BASIN TO BE REMOVED Description: This work shall consist of removing a catch basin, frame and lid, and pipe connecting to the catch basin as specified on the plans. Construction Methods: All adjustments shall conform to Section 605 of the Standard Specifications for Road and Bridge Construction. Basis of Payment: This work will be paid for at the contract unit price per each CATCH BASIN TO BE REMOVED. This price shall include all labor, material, and equipment to complete this item. PERFATED PIPE, PVC SDR 35, Description: This work shall consist of the installation of polyvinyl chloride pipe (PVC), aggregate backfill, fabric, and grates, in accordance to Section 550 of the Standard Specifications for Road and Bridge Construction. Construction Methods: Installation shall conform to Section 550 of the Standard Specifications for Road and Bridge Construction and any applicable requirements of the Metropolitan Water Reclamation District. Basis of Payment: This work will be paid for at the contract unit price per foot for PERFORATED PIPE, PVC SDR . This price shall include all the costs for excavating, disposing of excess material, furnishing and placing pipe bedding material, and all other labor and material (including fittings) necessary to furnish and install this item. TOPSOIL FURNISH AND PLACE, 4 Description: This work shall consist of furnishing and placing topsoil at locations where sod is to be installed and areas marked for re-grading for the purpose of achieving positive drainage flow in the parkway, as determined by the Engineer. Construction Methods: cifications for Road Basis of Payment: This work will be paid for at the contract unit price per square yard for TOPSOIL FURNISH AND PLACE, 4, including that which is used for the transition areas and regraded areas. SODDING Description: This work shall consist of furnishing and placing sod at locations as determined by the Engineer. 32 Construction Methods: The work shall be done in accorda Basis of Payment: This work will be paid for at the contract unit price per square yard for SODDING. This price shall include all labor, material, and equipment to complete this item and all the required watering. PAVEMENT MARKING REMOVAL Description: This work shall consist of removing existing pavement markings as specified on the plans. Construction Methods: The removal shall be in accordance with Section 783 of the Standard Specifications for Road and Bridge Construction. Basis of Payment: This work will be paid for at the contract unit price per foot PAVEMENT MARKING REMOVAL. This price shall include all labor, material, and equipment to complete this item. POLYUREA PAVEMENT MARKING, TYPE 1, POLYUREA PAVEMENT MARKING, TYPE 1, 24 Description: This work shall consist of installing new polyurea pavement markings, type 1 as shown on the plans or at locations determined by the Engineer. The color shall be white. Construction Methods: The work shall be done in accordance with Section 780 Basis of Payment: This work will be paid for at the contract unit price per foot for POLYUREA PAVEMENT MARKING, TYPE 1, of the size specified. This price shall include all labor, material, and equipment to complete this item. TRAFFIC CONTROL PLAN Traffic Control shall be according to the applicable sections of the Standard Specifications, the Supplemental Specifications, the "Illinois Manual on Uniform Traffic Control Devices for Streets and Highways", any special details and Highway Standards contained in the plans, and the Special Provisions contained herein. Special attention is called to Article 107.09 of the Standard Specifications and the following Highway Standards, Details, Quality Standard for Work Zone Traffic Control Devices, Recurring Special Provisions and Special Provisions contained herein, relating to traffic control. The Contractor shall contact the District One Bureau of Traffic at least 72 hours in advance of beginning work near Cook County or IDOT highway ROW. 33 STANDARDS: 701421-08 Lane Closure, Multilane, Day Operations Only 701701-09 Urban Lane Closure, Multilane Intersection 701801-06 Sidewalk Corner or Crosswalk Closure 701901-06 Traffic Control Devices DETAILS: Region One Traffic Control and Protection for Side Roads, Intersections, and Driveways Region One Typical Pavement Markings SPECIAL PROVISIONS: LRS 3 Construction Zone Traffic Control BASIS OF PAYMENT. The work associated with the Traffic Control Plan will be paid for at the contract unit price Lump Sum for TRAFFIC CONTROL & PROTECTION. This price shall include all labor, material, and equipment to complete this item. CLEAN CONSTRUCTION OR DEMOLITION DEBRIS (CCDD) The Contractor shall only be responsible for the disposal of clean construction debris. The Contractor shall prepare all bid pricing based on the assumption that all excavations and associated debris will comply with the clean construction debris disposal requirements and that the debris can and will be disposed of at any clean debris landfill. The Village or its CCDD consultant will prepare all Source Site Certification by Owner or Operator forms (or LPC-662 manifests) for each location and for each date of excavation during this project. These forms will be provided to the contractor by the engineering project representative or (EPR). The Contractor shall acquire one manifest for each load as outlined in the state regulations and shall be responsible for only the costs of disposal of clean construction debris. SUSPECT DEBRIS The Contractor shall only be responsible for the disposal of any and all clean construction debris. If the Contractor, for whatever reason, suspects that an excavation, debris load, or any portion thereof, may contain non-clean construction debris, then he shall immediately notify the Village or the EPR. The Public Works Department can be reached at 847-870-5640. If the Village or EPR agree that the material is suspect then the Contractor shall set aside that suspect load or portion thereof on site or at a holding area identified by the Village. The Contractor shall at that time be no longer responsible for the disposal of that load or portion thereof. The Village and its CCDD consultant will become responsible for the testing and subsequent disposal of all suspect debris. 34 Bid Form Page 1 BID FORM 2018 CDBG Sidewalk Program Village of Mount Prospect Department of Public Works FROM: __________________________________________________________ __________________________________________________________ (hereinafter called "Bidder") rd TO: Office of the Village Manager, 3 Floor 50 South Emerson Street Mount Prospect, Illinois 60056 (hereinafter called "Village Bid For: 2018 CDBG Sidewalk Program The bidders have familiarized themselves with the work and probable work conditions required under this Bid affecting the cost of the work and with the Bid Documents which include: Notice to Bidders Table of Contents Instructions for Bidders General Conditions and Special Provisions Specifications Bid Form Affidavit Bid Certification Form Bid Security Bid Sheet Other materials or standards provided or noted by the Village Contract Document Performance Bond Form Labor and Materials Payment Bond Form Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel, labor, materials, tools appurtenances, equipment, and services (including all utility and transportation services) required to construct and complete the Work, all in accordance with the above listed documents. Bidder agrees to perform all of the Work and provide the equipment and materials described in the Bid Documents, as follows: Bidder has bid on all items and has provided a price for all items. The Bidder acknowledges that it is responsible for verification of all pipe sizes and depths prior to the ordering of materials. The Bidder will complete and provide all labor, equipment, materials and mobilization (if applicable) to perform the Work as incidental to the fixed item price for each item proposed. 35 Bid Form Page 2 In submitting this bid, the Bidder understands that the Village of Mount Prospect reserves the right to add to or subtract from the estimated quantities. The Village of Mount Prospect intends to award one (1) contract (if at all) for the items bid. If written notice of award of this bid is mailed, emailed or otherwise delivered to the Bidder at any time before this bid is withdrawn, the Bidder agrees to execute and deliver the contract in the prescribed form and furnish payment and performance bonds, or letter of credit, and the insurance certificates required by the Bid Documents to the Village within ten (10) days after receipt. The Bidder, and as successful bidder/Contractor upon award of the Contract understands and agrees to the following: 1) The Contractor agrees to provide all Work and items and material to the Village as noted in the Bid Documents and comply with the requirements of the Bid Documents. 2) The Contractor agrees to comply with all applicable state and federal laws, rules and regulations, and county and municipal ordinances, as described in the General Conditions. All Addenda pertaining to this project shall be acknowledged by the Bidder in the spaces provided below: Addendum Addendum Acknowledgement by Bidder or Date No. Date Authorized Representative 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 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 by June 15, 2018 and final completion by June 25, 2018. Failure to complete the work in the designated time frame may result in the Director of Public Works withholding compensation due the contractor for failure to complete the said work in the designated time frame, calling the bonds, or taking such other action as may be available. Security in the sum of ten (10%) percent of the amount bid in form of (check one): _____ Bid Bond ____ Certified Check _____ is attached hereto in accordance with the "Instructions for Bidders". Bid Form Page 3 36 This Bid Submittal contains the following: 1) Bid Form 2) Affidavit Bid Certification Form 3) Bid Security 3) Bid Sheet (s) Respectfully submitted: Name of Firm/Bidder: ___________________ By: _____________ (Signature) Name & Title: _______ Date: Contact Information: Official Address: ______________ ______________ ______________ Telephone: ______________ Email: ______________ 37 VILLAGE OF MOUNT PROSPECT AFFIDAVIT BID CERTIFICATION FORM Bidder: Company/Firm Name: Address: As a condition of entering into a contract with the Village of Mount Prospect, and under oath and penalty of perjury and possible termination of contract rights and debarment, the undersigned, _________________________, being first duly sworn on oath, deposes and states that he or she is ______________________________________ (sole owner, partner, joint ventured, President, Secretary, etc.) of _________________________________________ and has the authority to make all (Name of Company) certifications required by this affidavit. Section I Non Collusion The undersigned certifies that this bid is genuine and not collusive or a sham, that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, to fix the bid price element of this bid, or of that of any other bidder, or to secure any advantage against any other bidder or any person interested in the proposed contract. Section II Bid Rigging and Rotating The undersigned further states that _____________________________________ (Name of Company) is not barred from bidding or contracting as a result of a conviction for violations of state laws prohibiting bid rigging or bid rotating or any similar offense of any state of the United States, as provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code, 720 ILCS 5/33E-3, 33E-4. Section III Drug Free Workplace The undersigned further states that _____________________________________ (Name of Company) provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 ILCS 580/1, et seq., and has, to the extent not covered by a collective bargaining that deals with the subject of the Substance Abuse Prevention in Public Works Projects Act, 820 ILCS 265/1 et seq., a substance abuse prevention program that meets or exceeds these requirements of that Act. 38 Page 2 - AFFIDAVIT BID CERTIFICATION FORM Section IV Tax Payment The undersigned further states that ______________________________________ is (Name of Company) not delinquent in payment of any taxes to the Illinois Department of Revenue, in accordance with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned understands that making a false statement regarding delinquency in taxes is a Class A Misdemeanor and, in addition voids the contract and allows the municipality to recover all amounts paid to the individual or entity under the contract in civil action. Section V Sexual Harassment Policy Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A), every party to a public contract must: "Have written sexual harassment policies that shall include, at a mini-mum, the following information: (I) the illegality of sexual harassment; (II) the definition of sexual harassment under State law; (III) a description of sexual harassment, utilizing examples; (IV) the vendor's internal complaint process including penalties; (V) the legal recourse, investigative and complaint process available through the Department (of Human Rights) and the Commission (Human Rights Commission); (VI) directions on how to contact the Department and Commission; and (VII) protection against retaliation as provided by Section 6-101 of the Act. (Illinois Human tate, 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 _________, 20__. My commission expires: __________________________ Notary Public 39 BID SECURITY Included with this bid is a bank certified check or bid bond in the amount of ________________________, being ten percent (10%) of the total amount bid by ________________________, the Bidder, in favor of the Village of Mount Prospect. It is hereby agreed that, should Bidder be awarded the Work contemplated under this bid and fail or refuse to execute a contract for said Work, or to provide the required payment and performance bonds, or letter of credit, and certificate of insurance, then this security, in the amount stipulated above, shall be forfeited and may be retained by the Village of Mount Prospect as liquidated damages and not as a penalty. All bids to remain firm for a period of ninety (90) days after bid opening date. SUBMITTED THIS _____________ DAY OF _________________________________, 20__. SEAL (if corporation) Bidder: : Title Note: If bidder is a partnership, the bid must be signed by at least two of the partners. Note: If bidder is a corporation, the bid must be signed by an authorized officer of the corporation, attested and sealed by the secretary or other authorized officer. If a corporation, note here the state of incorporation: Incorporated under the laws of the State of __________________________. 40 BID SHEET 8 CDBG Sidewalk (TO BE FILLED OUT BY THE CONTRACTOR/BIDDER) The Bidder will complete pricing for all items (# 1-23) to provide all labor, equipment, materials and mobilization (if applicable) to perform this work. The fixed item price given is to be all inclusive. ITEM UNIT DESCRIPTION UNIT QUANTITY TOTAL NO. PRICE 1.SPECIAL EXCAVATION Cu. Yd. 150 2.TREE ROOT PRUNING (over 10 in. dia. tree) Foot 4 3.TREE AND STUMP REMOVAL (over 15 in. dia.) In. Dia. 71 4.AGGREGATE BASE COURSE, TYPE B, Sq. Yd. 815 5.PCC SIDEWALK REMOVAL Sq. Ft. 460 6. Sq. Ft. 6725 7.PCC SIDEWALK, 8 Sq. Ft. 325 PCC SIDEWALK REMOVAL AND REPLACEMENT, 8.Sq. Ft. 270 9.DETECTABLE WARNINGS Sq. Ft. 40 COMB. CONC. CURB AND GUTTER 10. Foot 40 REMOVAL AND REPLACEMENT HOT-MIX ASPHALT DRIVEAY APRON 11. Sq. Yd. 80 REMOVAL AND REPLACEMENT CONCRETE CURE AND SEAL 12. Sq. Yd. 822 COMPOUND, SPECIAL 13. CATCH BASIN REMOVAL Each 1 14. CATCH BASIN ADJUSTMENT WITH NEW FR & LID Each 1 15. CATCH BASIN, Type . Each 1 16. PERFORATED PIPE, Foot 10 17. Sq. Yd. 1421 18. SODDING Sq. Yd. 1421 19. PAVEMENT MARKING REMOVAL Foot 47 20. POLYUREA PAVEMENT MARKING, TYPE 1, 5" LINE Foot 15 21. POLYUREA PAVEMENT MARKING, TYPE 1, 12" LINE Foot 150 22. POLYUREA PAVEMENT MARKING, TYPE 1, 24" LINE Foot 35 23 TRAFFIC CONTROL & PROTECTION L.SUM 1 TOTAL FOR ITEMS (1 23) 41 42 CONTRACT THIS is entered into on this _ day of _ _, 2018, by and between the VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation (hereinafter _____________ a _Corporation_ WHEREAS, the Village has solicited competitive bids for its 2018 CDBG Sidewalk Program; and WHEREAS, the Contractor submitted a bid to perform the work associated with the 2018 CDBG Sidewalk Program (; and WHEREAS, upon its review of the submitted bids, the Village has awarded the contract to perform the work associated with the 2018 CDBG Sidewalk Program to the Contractor, subject to the execution of this Contract; NOW, THEREFORE, for and in consideration of their mutual promises, covenants, undertakings and agreements, the parties agree as follows: ARTICLE I CONTRACT DOCUMENTS This Contract is subject to the terms and conditions set forth in the Contract Documents, which are incorporated herein as if fully set forth, and include the following Bid Documents with onSubmittals prioritized to be included in number 6*: 1. Notice to Bidders 2. Table of Contents 3. Instructions to Bidders 4. General Conditions and Special Provisions 5. Specifications 6. Bid Submittals, including Bid Form, Affidavit Bid Certification Form, Bid Security, Bid Sheet (*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 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 t. 2. The Contractor acknowledges that the Village reserves the right to add to or subtract from the estimated quantities. 3. The Contractor certifies that it will comply with all state and federal laws and regulations, and county and municipal ordinances, as set forth in the General Conditions. ARTICLE III PERFORMANCE BY VILLAGE 43 The Village agrees to pay the Contractor for its performance of the Work in the manner and amount provided in the Contract Documents. ARTICLE IV - CONFLICT BETWEEN CONTRACT DOCUMENTS In the event of a conflict between any Contract Document and the terms of this Contract, the Contract shall control to the extent of the conflict. In the event of any other conflict between Contract Documents, the preceding Document shall govern to the extent of the conflict based upon the order of priority set forth in Article I of this Contract, unless otherwise specifically stated. ARTICLE V COMMENCEMENT AND COMPLETION OF WORK After the written Notice to Proceed is issued by the Village, which will start the performance period, the Contractor then has 10 days to commence work. The Contractor shall achieved substantial performance by June 15, 2018 and final performance by June 25, 2018. 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 nd approval of the payment and performance bonds, or letter of credit, and certificate of insurance required by the Contract Documents. ARTICLE V NOTICE Unless otherwise provided, all notices required under this Contract shall be made in writing and addressed or delivered as follows: TO THE VILLAGE OF MOUNT PROSPECT- The Village of Mount Prospect 1700 West Central Road Mount Prospect, Illinois 60056 ATTN: Director of Public Works TO CONTRACTOR- at the address set forth on the Bid Form, or: Notices shall be deemed effective when received by personal service or registered or certified U.S. mail, postage prepaid and receipt requested, to the address so specified. Either Party may, by written notice to the other, change its own mailing address. ARTICLE VI PRIOR AGREEMENTS; SUCCESSORS This Contract supersedes all previous agreements, understandings and representations of any nature whatsoever, whether oral or written, and constitutes the entire understanding between the Parties. The terms of this Contract shall be binding upon and inure to the benefit of the parties and the partners and officials, successors in interest, executors, administrators, assigns and representatives and their respective successors and assigns, provided, however, that the Contractor shall not assign, sublet or transfer any rights or interest in this Agreement in whole or in part without the prior written approval of the Village, except to the extent that the Contract Documents provide otherwise. ARTICLE VII - DEFAULT BY CONTRACTOR If the Contractor fails to begin the Work under the Contract within the time specified, or fails to perform the Work in accordance with the terms of the approved schedule or performs the Work in a manner unacceptable to the Village, or neglects or refuses to remove materials or perform anew such Work as has been rejected by the Village, or if the Contractor shall become insolvent or be declared bankrupt, or shall make an assignment for the benefit of creditors, or from any 44 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 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 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) of this Contract. The failure to pay a contested invoice shall not be considered a material default. Upon termination, the Village shall be responsible to pay any uncontested payments due for work performed. ARTICLE IX VENUE The parties hereto agree that for purposes of any lawsuit(s) between them concerning this Agreement, its enforcement, or the subject matter thereof, venue shall be in Cook County, Illinois, and the laws of the State of Illinois shall govern the cause of action. ARTICLE X - SEVERABILITY OF CONTRACT If any term of this Contract is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the Contract terms will remain in full force and effect and will not be affected. ARTICLE XI - CUMULATIVE REMEDIES The exercise or failure to exercise any legal rights and remedies associated with any act of default or breach hereunder by either Party will not constitute a waiver or forfeiture of any other rights and remedies, and will be without prejudice to the enforcement of any other right or remedy available by law or authorized by this Contract. ARTICLE XII - COMPLIANCE WITH LAWS Each party to this Contract will comply with all applicable state and federal laws and regulations, and county and municipal ordinances and regulations. ARTICLE XIII - DISPUTE RESOLUTION 45 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 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 In the event that the foregoing steps fail to resolve the dispute, either Party may bring suit in the Circuit Court of Cook County, Illinois. ARTICLE XIV - ASSIGNMENT No rights or interest in this Contract may be assigned by Contractor without prior written notice l 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 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 46 The paragraph headings which appear herein are included solely for convenience and shall not be used in the interpretation of this Contract. ARTICLE XXII ENTIRE AGREEMENT This Contract, consisting of the Contract Documents, constitutes the entire agreement between the Parties for the subject matter hereof and supersedes all prior arrangements, agreements, representations and undertakings, written or oral. This Contract may not be changed or modified except by a written instrument duly executed by each of the Parties hereto. IN WITNESS WHEREOF, the Parties hereto have executed this Contract. Contractor: _______________________ VILLAGE OF MOUNT PROSPECT By: By: Title: ______ Title: ______ Date: Date: ATTEST: ATTEST: Title: Title: Date: Date: 47 48 VILLAGE OF MOUNT PROSPECT LABOR AND MATERIAL PAYMENT BOND Bond No. :_________________ Principal Amount: _ _ Contract: _2018 CDBG Sidewalk Program_ KNOWN ALL MEN BY THESE PRESENTS, that the Village of Mount Prospect, an ______________ , as Principal (hereinafter "Contractor"), a written agreement with the Village dated __________ , the__2018 CDBG SIDEWALK PROGRAM__in accordance with the drawings and specifications prepared by: _VILLAGE OF MOUNT PROSPECT__ (Village of Mount Prospect or architect/engineer), which Contract is incorporated herein and made a part hereof; and WHEREAS, the Contractor is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, workmen, mechanics, material suppliers, and other persons as provided by law; NOW, THEREFORE, we, the undersigned Contractor and _______ _ ___ _____________________, with main office at _____________________________________, as Surety, are held and firmly bound unto the Village in the penal sum of _________________ _Dollars ($______________), lawful money of the United States, for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these present. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor shall fully, promptly pay for all laborers, workmen and mechanics engaged in the work under the Contract, and not less than the general prevailing rate of hourly wages as required by the Contract and the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., and for all material used or reasonably required for use in the performance of the Contract, and all duly authorized modifications, alterations, changes or additions to said Contract as may hereafter be made, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject to the following conditions:. 1. 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 perfor oil, gasoline, telephone service, rental of equipment, and any other items for 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 49 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 Cla 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 for the payment of claims of laborers, workmen, mechanics, material suppliers, and other persons in connection with the Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing the Village others. Any payment by the Surety made in good faith pursuant to this Bond shall reduce the principal amount of this Bond. Signed and sealed this ____ day of _______________________, 20____. 50 _ _____ _____________________________ Contractor Surety By: _________________________ By: ________________________ Signature Officer Of The Surety Title ________________________ Title ________________________ ATTEST: Address: _____________________ ____________________________ Corporate Secretary (corporations only) NOTARY STATE OF ______________ COUNTY OF ____________ I, ___________________________, a Notary Public in and for said county, do hereby certify that ____________________________________________________________ (Insert Name of Attorney-In-Fact for Surety) who is personally known to me to be the same person whose name is subscribed to the foregoing instrument on behalf of Surety, appeared before me this day in person and acknowledge respectively that he/she signed, sealed, and delivered said instrument as his/her free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this _________ day of ________________, 20____. Notary Signature: ___________________________ My Commission expires: __________ 51 52 VILLAGE OF MOUNT PROSPECT PERFORMANCE BOND Bond No. :_________________ Principal Amount: _ _ Contract: _2018 CDBG Sidewalk Program_ KNOWN ALL MEN BY THESE PRESENTS, that Contractor ____________________ _, as Principal (hereinafter "Contractor"), and __________________________________, with main office at _____________________________________________________________, a corporation of the state of _________________,as Surety (hereinafter "Surety"), are held and firmly bound unto the Village of Mount Prospect, an Illinois municipal corporation (hereinafter "Village"), in the penal sum of _ _Dollars ($___________), lawful money of the United States, for the payment of which, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has entered into a written agreement with the Village dated __ _, the ___2018 CDBG SIDEWALK PROGRAM___ in accordance with the drawings and specifications prepared by: _VILLAGE OF MOUNT PROSPECT__ (Village of Mount Prospect or architect/engineer), which Contract is incorporated herein and made a part hereof. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor shall fully, promptly and completely discharge the Contract and all duly authorized modifications, alterations, changes, or additions to said Contract as may hereafter be made, and during the life of any guaranty required under the Contract, and, if Contractor shall fully secure and protect the Village from all liability and from all loss or expense of any kind, including all court costs and 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 through the use of qualified contractors acceptable to the Village; or (3) notify the Village that it 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 the contract price, the Surety shall pay the excess amount to the Village, up to a maximum of the principal amount of this Bond. If the Surety arranges for completion and/or correction or remedies the default, the balance of the contract price that is required to complete, correct or remedy the default shall be paid by the Village to Surety. Surety will be responsible, up to the maximum of the principal amount of this Bond, for payment for correction and completion of the default and/or resulting from action or inaction on the part of the Surety and liquidated damages, 53 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. to the Contractor under the contract, and any amendments thereto, less the amounts paid to the Contractor by the Village. Any suit under this Bond must be filed before the expiration of two years from the date on which final payment under the Contract is due or the applicable statute of limitations, whichever is longer. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Village or its heirs, executors, administrators or successors. Any proceeding, legal or equitable, under this Bond may be instituted in a court of competent jurisdiction in the location in which the work is located. Notice to any of the parties shall be mailed to the appropriate address listed above. Surety hereby waives notice of any modifications, alterations, changes, additions or extension of time in the Contract. Signed and sealed this ____ day of _______________________, 20____. __ __ _____________________________ Contractor Surety By: _________________________ By: ________________________ Signature Officer Of The Surety Title ________________________ Title ________________________ ATTEST: Address: _____________________ ____________________________ Corporate Secretary (corporations only) NOTARY STATE OF ______________ COUNTY OF ____________ I, ___________________________, a Notary Public in and for said county, do hereby certify that ____________________________________________________________ (Insert Name of Attorney-In-Fact for Surety) who is personally known to me to be the same person whose name is subscribed to the foregoing instrument on behalf of Surety, appeared before me this day in person and acknowledge respectively that he/she signed, sealed, and delivered said instrument as his/her free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this _________ day of ________________, 20___. Notary Signature: ___________________________ My Commission expires: __________ 54 t Cos $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1975 Powis Rd. t West Chicago, IL 60186 Triggi Construction, Inc. Cos $ 9,750.00$ 800.00$ 6,035.00$ 4,075.00$ 920.00$ 50,437.50$ 3,250.00$ 3,037.50$ 1,000.00$ 2,000.00$ 6,000.00$ 1,233.00$ 365.00$ 750.00$ 5,000.00$ 500.00$ 4,263.00$ 14,210.00$ 47.00$ 86.25$ 2,550.00$ 1,190.00$ 7,500.00 t Cos $ 11.25$ 5,000.00 $ 65.00$ 200.00$ 85.00$ 5.00$ 2.00$ 7.50$ 10.00$ 25.00$ 50.00$ 75.00$ 1.50$ 365.00$ 750.00$ 50.00$ 3.00$ 10.00$ 1.00$ 5.75$ 17.00$ 34.00$ 7,500.00 $ 124,999.25 75 Koppie Dr. Gilberts, IL 60136 t Cos Copenhaver Construction, Inc. $ 6,750.00$ 80.00$ 3,195.00$ 7,335.00$ 1,380.00$ 40,350.00$ 2,600.00$ 2,430.00$ 1,160.00$ 1,400.00$ 6,400.00$ 1,644.00$ 500.00$ 700.00$ 3,000.00$ 1,200.00$ 4,263.00$ 8,526.00$ 470.00$ 150.00$ 3,000.00$ 1,365.00$ 23,000.00 t Cos $ 9.00$ 3,000.00$ 39.00 $ 45.00$ 20.00$ 45.00$ 9.00$ 3.00$ 6.00$ 8.00$ 29.00$ 35.00$ 80.00$ 2.00$ 500.00$ 700.00$ 120.00$ 3.00$ 6.00$ 10.00$ 10.00$ 20.00$ 23,000.00 $ 120,898.00 1900 Wright Blvd. t Schaumburg, IL 60193 Cos Alamp Concrete Contractors, Inc. $ 6,750.00$ 80.00$ 3,195.00$ 4,075.00$ 644.00$ 43,712.50$ 2,600.00$ 1,890.00$ 1,400.00$ 1,800.00$ 4,000.00$ 822.00$ 500.00$ 650.00$ 3,000.00$ 350.00$ 1,421.00$ 15,631.00$ 94.00$ 150.00$ 2,250.00$ 875.00$ 3,500.00 t Cos $ 45.00$ 7.00$ 3,000.00$ 25.00 $ 20.00$ 45.00$ 5.00$ 1.40$ 6.50$ 8.00$ 35.00$ 45.00$ 50.00$ 1.00$ 500.00$ 650.00$ 35.00$ 1.00$ 11.00$ 2.00$ 10.00$ 15.00$ 3,500.00 $ 99,389.50 Skokie, IL 60076 7306 Central Park t Cos Schroeder & Schroeder, Inc. $ 3,750.00$ 400.00$ 3,017.50$ 4,075.00$ 920.00$ 47,075.00$ 2,437.50$ 1,755.00$ 1,080.00$ 800.00$ 2,800.00$ 8.22$ 375.00$ 625.00$ 4,500.00$ 500.00$ 1,421.00$ 14,210.00$ 235.00$ 180.00$ 2,850.00$ 875.00$ 3,000.00 t Cos 143,537.75 $ 6.50$ 4,500.00$ 25.00 $ 25.00$ 100.00$ 42.50$ 5.00$ 2.00$ 7.00$ 7.50$ 27.00$ 20.00$ 35.00$ 0.01$ 375.00$ 625.00$ 50.00$ 1.00$ 10.00$ 5.00$ 12.00$ 19.00$ 3,000.00 $ 96,889.22 Estimate Engineer's t UnitTotalUnitTotalUnitTotalUnitTotalUnitTotal Cos $ 4,350.00$ 660.00$ 5,325.00$ 4,686.25$ 1,150.00$ 55,481.25$ 2,843.75$ 1,620.00$ 1,900.00$ 2,000.00$ 8,000.00$ 1,027.50$ 1,400.00$ 900.00$ 3,700.00$ 2,750.00$ 8,170.75$ 18,828.25$ 705.00$ 270.00$ 3,000.00$ 770.00$ 14,000.00 1 4111 y 7140408010471535 150815460325270822150 6,7251,4211,421 6.00 3,700.00 29.00 165.00 75.00 5.75 2.50 8.25 8.75 47.50 50.00 100.00 1.25 1,400.00 900.00 275.00 5.75 13.25 15.00 18.00 20.00 22.00 14,000.00 UnitQuantit Foot Sq. Yd. Item Description SPECIAL EXCAVATIONCu. Yd.TREE ROOT PRUNING (over 10 in. dia. tree)FootTREE AND STUMP REMOVAL (over 15 in. dia.)In. Dia.AGGREGATE BASE COURSE, TYPE B, 4”Sq. Yd.PCC SIDEWALK REMOVAL Sq. Ft.PCC SIDEWALK, 5”Sq. Ft.PCC SIDEWALK, 8”Sq. Ft.PCC SIDEWALK REMOVAL AND REPLACEMENT, 5", 8"Sq. Ft.DETECTABLE WARNINGSSq. Ft.COMB. CONC. CURB AND GUTTER REMOVAL AND REPLACEMENTHOT-MIX ASPHALT DRIVEAY APRON REMOVAL AND REPLACEMENTCONCRETE CURE AND SEAL COMPOUND SPECIALSq. Yd.CATCH BASIN REMOVAL EachCATCH BASIN ADJUSTMENT WITH NEW FRAME & LIDEachCATCH BASIN, TYPE A, 48” DIA.EachPERFORATED PIPE, PVC SDR 35, 10” DIA.EachTOPSOIL FURNISH AND PLACE, 4”Sq. Yd.SODDING Sq. Yd.PAVEMENT MARKING REMOVALFootPOLYUREA PAVEMENT MARKING, TYPE 1, 5" LINE FootPOLYUREA PAVEMENT MARKING, TYPE 1, 12" LINE FootPOLYUREA PAVEMENT MARKING, TYPE 1, 24" LINEFootTRAFFIC CONTROL & PROTECTIONL.SUM H:\\Engineering\\Sidewalk\\2018\\CDBG\\bid tab.xlsx 1.2.3.4.5.6.7.8.9. 10.11.12.13.14.15.16.17.18.19.20.21.22.23. BID OPENING: April 2, 2018VILLAGE OF MOUNT PROSPECT2018 CDBG SIDEWALK PROGRAMBID TABULATIONPage 1 of 2 t Cos $ $ t Cos t Cos $ - $ - t Cos t Cos $ -$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ - $ $ $ $ $ $ $ $ 1781 Armitage Ct. Addison, IL 60101 t Globe Construction Cos $ 11,250.00$ 400.00$ 4,615.00$ 7,987.00$ 1,380.00$ 53,800.00$ 3,087.50$ 2,700.00$ 2,000.00$ 2,000.00$ 6,400.00$ 822.00$ 1,400.00$ 2,500.00$ 500.00$ 750.00$ 7,105.00$ 17,052.00$ 470.00$ 375.00$ 5,850.00$ 2,625.00$ 14,000.00 t 133,763.80 Cos $ 65.00$ 9.80$ 3.00$ 8.00$ 9.50$ 10.00$ 50.00$ 50.00$ 80.00$ 1.00 $ 75.00$ 100.00$ 1,400.00$ 2,500.00$ 500.00$ 75.00$ 5.00$ 12.00$ 10.00$ 25.00$ 39.00$ 75.00$ 14,000.00 $ 149,068.50 1166 Lake Ave. t Woodstock, IL 60098 Alliance Contractors, Inc.UnitTotalUnitTotalUnitTotalUnitTotal Cos $ 150.00$ 80.00$ 3,195.00$ 6,520.00$ 3,450.00$ 66,241.25$ 4,468.75$ 5,197.50$ 1,000.00$ 4,600.00$ 8,960.00$ 986.40$ 750.00$ 645.00$ 3,525.00$ 2,350.00$ 4,831.40$ 5,684.00$ 141.00$ 85.35$ 2,548.50$ 1,189.65$ 7,165.00 41111 y 71404080 10471535 815460325270822 150150 6,725 1,4211,421 45.00 8.00 7.50 9.85 13.75 19.25 25.00 115.00 112.00 1.20 1.00 20.00 750.00 645.00 3,525.00 235.00 3.40 4.00 3.00 5.69 16.99 33.99 7,165.00 UnitQuantit Foot Sq. Yd. Item Description TREE AND STUMP REMOVAL (over 15 in. dia.)In. Dia.AGGREGATE BASE COURSE, TYPE B, 4”Sq. Yd.PCC SIDEWALK REMOVAL Sq. Ft.PCC SIDEWALK, 5”Sq. Ft.PCC SIDEWALK, 8”Sq. Ft.PCC SIDEWALK REMOVAL AND REPLACEMENT, 5", 8"Sq. Ft.DETECTABLE WARNINGSSq. Ft.COMB. CONC. CURB AND GUTTER REMOVAL AND REPLACEMENTHOT-MIX ASPHALT DRIVEAY APRON REMOVAL AND REPLACEMENTCONCRETE CURE AND SEAL COMPOUND SPECIALSq. Yd. SPECIAL EXCAVATIONCu. Yd.TREE ROOT PRUNING (over 10 in. dia. tree)FootCATCH BASIN REMOVAL EachCATCH BASIN ADJUSTMENT WITH NEW FRAME & LIDEachCATCH BASIN, TYPE A, 48” DIA.EachPERFORATED PIPE, PVC SDR 35, 10” DIA.EachTOPSOIL FURNISH AND PLACE, 4”Sq. Yd.SODDING Sq. Yd.PAVEMENT MARKING REMOVALFootPOLYUREA PAVEMENT MARKING, TYPE 1, 5" LINE FootPOLYUREA PAVEMENT MARKING, TYPE 1, 12" LINE FootPOLYUREA PAVEMENT MARKING, TYPE 1, 24" LINEFootTRAFFIC CONTROL & PROTECTIONL.SUM 1.2.3.4.5.6.7.8.9. 10.11.12.13.14.15.16.17.18.19.20.21.22.23. BID OPENING: April 2, 2018VILLAGE OF MOUNT PROSPECT2018 CDBG SIDEWALK PROGRAMBID TABULATIONPage 2 of 2 CDBG ELIBIGLE AREAS SEMINOLE LN . KENSINGTON RD CENTRAL RD CDBG DEMPSTER ST April 2018 Map by JJP/PW CDBG ELIGIBLE AREAS.mxd