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HomeMy WebLinkAbout5.3 Motion to Accept Bid for See Gwun Avenue BridgeBoardDocs® Pro Agenda Item Details Meeting Category Subject Access Type Preferred Date Absolute Date Dollar Amount Budgeted Budget Source Recommended Action Public Content Background Page I of 2 5.3 Motion to accept bid for See Gwun Avenue Bridge Repairs in an amount not to exceed $43,340. Action (Consent) Oct 16, 2018 Oct 16, 2018 43,340.00 Yes Accept the lowest cost, responsive bid to repair the See Gwun Avenue bridge as submitted by Patr'. Construction Company of Arlington Heights, Illinois in an amount not to exceed $43,340. During the routine bridge inspections in 2017, it was observed that repairs were needed to the See Gwun Bridge. Those repairs include concrete beam repair, substructure repair and deck sealing. Plans and specifications were prepared to address these repairs and the project was let for bid. A map depicting the location of the See Gwun Bridge is attached. Bid documents are als* enclosed. The contract time for this project is 30 days. The bridge will remain open to vehicular traffic throughout most of the project. However, final curing will require complete closure of the deck for a period of 48 hours. Once a detailed schedule is established, appropriate stakeholders, including the park district, school districts, residents, and public safety personnel will be advised of the bridge closure dates. In addition, notice will be posted on the roadway, Village website, and social media outlets. Bid Results A Notice to Bidders was posted on the Demandstar by Onvia website and published in a local newspaper. The bid opening was held on October 9, 2018 at 1:00 PM. Six (6) contractors submitted bids for this project. The bids ranged from a low of $39,400 by Path Construction to a high of $172,574.00 by Martam Construction, Inc. Below is a summary of thc bids: I'll 110 jp� https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login 10/12/2018 Path Construction Rausch Infrastructure Alliance Contractors Kovilic Construction Martarn Construction I'll 110 jp� https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login 10/12/2018 BoardDocs® Pro Page 2 of 2 =Sig �*J RM 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, Path Construction Company, is qualified to complete the work involved with this project and meets the requirements of the contract documents. They previously completed the Lincoln Street Bridge Rehabilitation Project and constructed the Northwest Highway Streetscape Improvements. Their work on both of these Village projects was acceptable. In addition, reference checks indicate satisfactory performance on projects of similar scope in other communities. Staff recommends including a 10% contingency in the project award to allow for quantity variances and unanticipate conditions. In this instance, a 10% contingency added to the lowest cost bid would result in a total contract award o $39,400.00 (Base Bid: $39f4OO.00 + Contingency: $3,940.00 = Total Recommended Award: $43,340.00). )1 1. Accept lowest cost, responsive bid to repair See Gwun Avenue Bridge. 2. Action at discretion of Village Board. Staff Recommendation Staff recommends that the Village Board accept the lowest cost, responsive bid to repair the See Gwun Avenue bridge as submitted by Path Construction Company of Arlington Heights, Illinois in an amount not to exceed $43,340. -i Bridge [Zepair -. Path C&nstructi&n -B-D.pdf (11,108 KB) 1-ocati&n Map.pdf (249 KB) 201.8 See Gwu�r ................ J -i�nal.pdf (4.44 KB) Pla ns- F., i na 1., pdf (900 KB) Specs --F Administrative Content Executive Content All items under Consent Agenda are considered routine by the Village Board and will be enacted by one motion. There will be no separate discussion of those items unless a Board member or member from the audience so requests, in which the item will be removed from the Consent Agenda and considered in its sequence on the agenda. https://www.boarddocs.com/il/vomp/Board.nsf/Private?open&login 10/12/2018 SEE GWUN BRIDGE REPAIRS Location Map Bid Form Page I BID FORM Bridge Repair See Gwun Avenue Over Weller Creek Village of Mount Prospect Department of Public Works (hereinafter called "Bidder") TO: Office of the Village Manager, V Floor 50 South Emerson Street Mount Prospect, Illinois 60056 (hereinafter called "Village" or "Village of Mount Prospect") Bid For: "Bridge Repair See Gwun Avenue Over Weller Creek" The bidders have familiarized themselves with the work and probable work conditions required under this Bid affecting the cost of the work and with the Bid Documents which include: Notice to Bidders Table of Contents Instructions for Bidders General Conditions and Special Provisions Specifications Bid Form Affidavit — Bid Certification Form Bid Security Bid Sheet — Bridge Repair See Gwun Avenue over Weller Creek Contract Document Labor and Materials Payment bond form Performance Bond Form Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel, labor, materials, tools appurtenances, equipment, and services (including all utility and transportation services) required to construct and complete the Work, all in accordance with the above listed documents. Bidder agrees to perform all of the Work and provide the equipment and materials described in the Bid Documents, as follows: MEMMMOM Bidder has bid on all items and has provided a price for all items. The Bidder will complete and provide all labor, equipment, materials and mobilization (if applicable) to perform the Work as incidental to the fixed item price for each item proposed. In submitting this bid, the Bidder understands that the Village of Mount Prospect reserves the right to add to or subtract from the estimated quantities. The Village of Mount Prospect intends to award one (1) contract (if at all) for the items bid. If written notice of award of this bid is mailed, emailed or otherwise delivered to the Bidder at any time before this bid is withdrawn, the Bidder agrees to execute and deliver the contract in the prescribed form and furnish payment and performance bonds, or letter of credit, and the insurance certificates required by the Bid Documents to the Village within ten (10) days after receipt. The Bidder, and as successful bidder/Contractor upon award of the Contract understands and agrees to the following: 1) The Contractor agrees to provide all Work and items and material to the Village as noted in the Bid Documents and comply with the requirements of the Bid Documents. 2) The Contractor agrees to comply with all applicable state and federal laws, rules and regulations, and county and municipal ordinances, as described in the General Conditions. All Addenda pertaining to this project shall be acknowledged by the Bidder in the spaces provided below: Addendum No, Addendum Date Acknowledgement by Bidder or Authorized Representative Date Acknowle�dqed Failure to acknowledge receipt, as provided above, may be considered sufficient grounds for disqualification of the bidder and rejection of his/her bid submittal. A record of all Addenda and copies of same will be available to all qualified bidders from the Village of Mount Prospect Public Works Department, 1700 West Central Road, Mount Prospect, Illinois two (2) days prior to the letting. It shall be the bidder's responsibility to become fully advised of all Addenda prior to submitting its bid. 53 zmmzmz� Upon award the contract the Village will send Notice of Award to the successful bidder, The bidder must then execute the contract and provide the required bonds or letter of credit and certificate of insurance to the Village within ten (10) days. The Village will then issue a written Notice to Proceed, which starts the performance period and the contractor then has ten (10) days to commence work. The contractor shall reach substantial completion by November 20, 2018 after the Notice to Proceed with final completion thirty (30) days thereafter. Failure to complete the work in the designated time frame may result in the Director of Public Works withholding compensation due the contractor for failure to complete the said work in the designated time frame, calling the bonds, or taking such other action as may be available. Security in the sum of ten (10%) percent of the amount bid in form of (check one): ;6 Bid Bond Certified Check Bank Cashier's Check is attached hereto in accordance with the "Instructions for Bidders". This Bid Submittal contains the following: 1) Bid Form 2) Affidavit — Bid Certification Form 3) Bid Security 3) BID SHEET(S) Respectfully submitted: Name of Firm/Bidder:rft CNnumw ()-,>fAFftal U-00 tore) Date: Contact Information: Official Address: /;Z5 01 AJZ4Q1V&UtN 9�29- Telephone: 044 —3 % ,[l 0 6) I =00 prt dog M M ONE (1) SIGNED COPY OF THIS BID FORM AND BID SHEET (Page 68-69) ALONG WITH THE AFFIDAVIT — BID CERTIFCATION FORM, AND BID SECURITY SHALL BE SUBMITTED IN A SEALED MARKED ENVELOPE. 54 VILLAGE OF MOUNT PROSPECT AFFIDAVIT — BID CERTIFICATION FORM Bidder: Company/Firm Name: ft!li C00m;W 611 C)N cotviphm�,' w C' Address: A.5 ---f- 4414014011IN P.P. ft?4A(A1bM-4F,4(i+r5. IL (/605 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, QC440(d lzrcw-�6 , being first duly sworn on oath, deposes and states that he or she is X64 Gtr, o t" (sole owner, partner, joint ventured, President, Secretary, etc.) of RA 0-�MV4;p6h rAmpanu, Inc, and has the authority to make all (Name of Company) I 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. iection 11 B i d The undersigned further states that faln'A collftwuhft" CkM?qV1J' Inc. (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 Work lace The undersigned further states that 704 C&ffibaA-A W Lomvaii!d' (y -kc. (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. 55 Page 2 - AFFIDAVIT — BID CERTIFICATION FORM Section IV Tax Payment The undersigned further states that F& C"Mmm) M rmpalltd. I itc— is (Name of Con�parly not delinquent in payment of any taxes to the Illinois Department of Revenue, in accordance with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned understands that making a false statement regarding delinquency in taxes is a Class A Misdemeanor and, in addition voids the contract and allows the municipality to recover all amounts paid to the individual or entity under the contract in civil action. Section V Sexual Harassment Policy Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A), every party to a public contract must: "Have written sexual harassment policies that shall include, at a mini -mum, the following information: (1) the illegality of sexual harassment; (11) the definition of sexual harassment under State law, (111) a description of sexual harassment, utilizing examples; (IV) the vendor's internal complaint process including penalties; (V) the legal recourse, investigative and complaint process available through the Department (of Human Rights) and the Commission (Human Rights Commission); (VI) directions on how to contact the Department and Commission; and (VII) protection against retaliation as provided by Section 6-101 of the Act. (Illinois Human Rights Act)." A "public contract" includes: ... every contract to which the State, any of its political subdivisions or any municipal corporation is a party." 775 ILCS 5/1-103 (M) (2002), The undersigned further states that VIA GWft then rAMI2Unq, Iyu. - has (Name of Whpa4y) 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: Signed and sworn to-T—e My commission expires: V' Notary 15u-blic day of D(6 -(/r_, 20. ARIETTA IUHAS OFFICIAL SEAL 56 Notary Public, State of Illinois My Commission Expires May 23, 20221, 1119—IN Included with this bid is a bank cashier's check, certified check or bid bond in the amount of 4 'P, Of j 0 - 60 _, being ten percent (10%) of the total amount bid by A& (AynPan!VO'L6 Bidder, in favor of the Village of Mount Prospect. It is hereby agreed that, should Bidder b6 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 0040Y 2018. SEAL (if corporation) %% I 't, I II( I I l r V # " ff, 1, OCTIO/V "IA 0 SEALµ Z:: 2008 -�l -Bidder's Agent anf] Ngent's Title -2l(,,k4td 'Y(A 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 I L'L4 N6 (S M (TO BE FILLED OUT BY THE CONTRACTOR/BIDDER) The Bidder will complete pricing for all items to provide all labor, equipment, materials and mobilization (K applicable) to perform this work. The fixed item price given is to be all inclusive. ITEM NO DESCRIPTION UNIT QUANTITY PRICE TOTAL POLYMER MODIFIED PORTLAND SQ FT 79 CEMENT MORTAR CEMENT 2 DECK CONCRETE SEALER SQ FT 1208 STRUCTURAL REPAIR OF CONCRETE (DEPTH 3 EQUAL TO OR LESS THAN 5 INCHES) SQ FT 34 4 TRAFFIC CONTROL AND PROTECTION L SUM 1 (SPECIAL) to 00 5 MOBILIZATION L SUM 1 vVitoo 11,4t TOTAL FOR ALL ITEMS — — -------- - 3""11100. SUMMARY OF PRICES: CONTRACT PRICE (the sum of extensions of the Schedule of Prices - TOTAL BID): 1,6", a&t '4�Aw,� �110 1 OV -41, Dollars and Cents I (In writing) (In writing) OAL 1'60�AWA Gje 4 Dollars and Cents (In figure) (In figure) 58 CONTRACT THIS Contract (hereinafter the "Contract") is entered into on this _ day of _, 2018, by and between the VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation (hereinafter the "Village"), and , an (hereinafter the 'Contractor") (Village and Contractor sometimes referred to individually as "Party" and collectively as "Parties"), WHEREAS, the Village has solicited competitive bids for its "Bridge Repair See Gwun Avenue Over Weller Creek"; and WHEREAS, the Contractor submitted a bid to perform the work associated with the Bridge Repair See Gwun Avenue Over Weller Creek(hereinafter the "Bid"); and WHEREAS, upon its review of the submitted bids, the Village has awarded the contract to perform the work associated with the Bridge Repair See Gwun Avenue Over Weller Creek to the Contractor, subject to the execution of this Contract; NOW, THEREFORE, for and in consideration of their mutual promises, covenants, undertakings and agreements, the parties agree as follows: ARTICLE I — CONTRACT DOCUMENTS This Contract is subject to the terms and conditions set forth in the Contract Documents, which are incorporated herein as if fully set forth, and include the following Bid Documents with Bidder's/Contractor's Bid Submittals prioritized to be included in number 6*: 1. Notice to Bidders 2. Table of Contents 3. Instructions to Bidders 4. General Conditions and Special Provisions 5. Specifications 6. Bid Submittals, including Bid Form, Affidavit — Bid Certification Form, Bid Security, Bid Sheet (*Bidder's/Contractor's completed Bid Submittals) 7. Other materials or standards provided or noted by the Village 8. Contract 9. Applicable performance and labor and materials payment bonds, or letter of credit. (Collectively the "Contact Documents") ARTICLE 11— PERFORMANCE BY CONTRACTOR 1. The Contractor agrees to perform the work, including all labor, materials, equipment and services, in accordance with the terms and conditions set forth in the Contract Documents (hereinafter the "Work"). 2. The Contractor acknowledges that the Village reserves the right to add to or subtract from the estimated quantities. 59 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 1111— PERFORMANCE BY VILLAGE The Village agrees to pay the Contractor for its performance of the Work in the manner and amount provided in the Contract Documents. ARTICLE IV - CONFLICT BETWEEN CONTRACT DOCUMENTS In the event of a conflict between any Contract Document and the terms of this Contract, the Contract shall control to the extent of the conflict. In the event of any other conflict between Contract Documents, the preceding Document shall govern to the extent of the conflict based upon the order of priority set forth in Article I of this Contract, unless otherwise specifically stated. ARTICLE V — COMMENCEMENT AND COMPLETION OF WORK After the written Notice to Proceed is issued by the Village, which will start the performance period, the Contractor then has 10 days to commence work. The Contractor shall achieved substantial performance by November 20 2018 after the Notice to Proceed has been issued with final performance thirty (30) days thereafter. The Contractor shall commence performance of the Work and complete performance of the Work, in accordance with the schedule set forth in the Contract Documents, but in no event shall any Work be performed prior to the Village's receipt of this Contract, executed by Contractor, and the Village's acceptance and approval of the payment and performance bonds, or letter of credit, and certificate of insurance required by the Contract Documents, ARTICLE V — NOTICE Unless otherwise provided, all notices required under this Contract shall be made in writing and addressed or delivered as follows: WOM1001M The Village of Mount Prospect 1700 West Central Road Mount Prospect, Illinois 60056 ATTW 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 60 Contractor shall not assign, sublet or transfer any rights or interest in this Agreement in whole or in part without the prior written approval of the Village, except to the extent that the Contract Documents provide otherwise. ARTICLE VII - DEFAULT BY CONTRACTOR If the Contractor fails to begin the Work under the Contract within the time specified, or fails to perform the Work in accordance with the terms of the approved schedule or performs the Work in a manner unacceptable to the Village, or neglects or refuses to remove materials or perform anew such Work as has been rejected by the Village, or if the Contractor shall become insolvent or be declared bankrupt, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall fail to carry on the Work in a manner required by the Contract, the Village shall give notice as hereinafter provided to the Contractor and its surety in writing specifying such failure, delay, neglect, refusal or default, and if the Contractor, within a period of ten (10) calendar days after the giving of such notice, shall not proceed in accordance therewith, then the Village shall have full power and authority to declare the this Contract and the Contractor in default, and to forfeit the rights of the Contractor in this Contract. Upon declaration of Contractor's default, the Village may, at its option, call upon the surety to complete the Work in accordance with the terms of this Contract or may take over the Work, including any materials on the Work site as may be suitable and acceptable to the Village and may complete the Work by its own forces or on its own account, or may enter into a new contract or contracts for the completion of the Work, or may use such other methods as shall be required for the completion of the Work in an acceptable manner as the Village may in its discretion determine. All costs and charges incurred by the Village, together with the cost of completing the Work shall be deducted from any moneys due or which may become due on this to the Contractor under this Contract. Following any payment due and received by the Village from the Contractor's surety following default, if the expense so incurred by the Village is less than the sum paid to the Village by the surety under this Contract for work remaining, the surety shall be entitled to receive the excess difference paid to the Village. When such Contractor default costs incurred by the Village exceeds the sum paid to the Village for the work remaining under the Contract the Contractor and the surety shall be liable and shall pay to the Village the full cost of such additional expenses. ARTICLE VIII - DEFAULT BY VILLAGE In the event of a material default by the Village under this Contract, the Village shall have sixty (60) days, from notice thereof by Contractor, to cure the default prior to Contractor's termination of this Contract. The failure to pay a contested invoice shall not be considered a material default. Upon termination, the Village shall be responsible to pay any uncontested payments due for work performed. ARTICLE IX — VENUE The parties hereto agree that for purposes of any lawsuit(s) between them concerning this Agreement, its enforcement, or the subject matter thereof, venue shall be in Cook County, Illinois, and the laws of the State of Illinois shall govern the cause of action. 61 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 X11 - COMPLIANCE WITH LAWS Each party to this Contract will comply with all applicable state and federal laws and regulations, and county and municipal ordinances and regulations. ARTICLE XIII - DISPUTE RESOLUTION Should a dispute arise between the Village and the Contractor as to the terms and conditions of the Contract, or the responsibilities, limitations, or working relations of either Party, the designated project personnel will make every reasonable effort to resolve the difference in accordance with the terms and conditions of the Contract. If a dispute continues despite these efforts, it shall be referred to the Parties' Project Managers. If the above action fails to resolve the dispute, the Parties may, by agreement, elect to resolve the dispute through a mediation process. Each Party shall bear its own costs in preparing and conducting mediation, except that the costs, if any, of the actual mediation proceeding shall be shared equally by the Parties. The mediation process is defined as follows: The Parties shall select a mutually agreeable mediator from American Arbitration Association lists or any other agreeable list to aid the Parties in resolving the dispute. The mediator shall not be an employee or former employee of either Party. The first meeting shall be held at a location chosen by the Village. At the meetings, each Party may present materials and/or arguments to the mediator. The mediator's decision shall be not be binding upon either Party. In the event that the foregoing steps fail to resolve the dispute, either Party may bring suit in the Circuit Court of Cook County, Illinois. ARTICLE XIV - ASSIGNMENT No rights or interest in this Contract may be assigned by Contractor without prior written notice being provided by Contractor to the Village and the Village's written approval, The Village shall not unreasonably withhold its approval of such assignment. In the event of an assignment, the Contractor shall not be relieved of its obligations under the Contract unless agreed to by the Village, at its sole discretion. ARTICLE XV - RECRUITING The Parties shall not, without the consent of the other Party, entice, encourage, offer special inducements, or otherwise recruit employees of the other Party during the period of this Contract and for a period of one (1) year thereafter. This clause is not intended to restrict any individual's right of employment but rather is intended to preserve the relationship intended under this Contract and to prevent the Parties from actively recruiting the employees of the other Party. BE ARTICLE XVII - COUNTERPARTS This Contract may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same agreement. ARTICLE XVIII - ENFORCEABILITY If any provision of this Contract is found to be invalid, illegal or unenforceable, that provision shall be severable from the rest of this Contract and the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired, ARTICLE XIX - EFFECTIVE DATE The effective date of this Contract shall be the date of the last signature executing the Contract (hereinafter referred to as the "Effective Date"). ARTICLE XX - ADVERTISEMENT Contractor shall not use, in its advertising, marketing programs, or other promotional efforts, any data, pictures, or other representation of the Village, except with the specific written authorization in advance by the Village. ARTICLE XXI - CAPTIONS; HEADINGS The paragraph headings which appear herein are included solely for convenience and shall not be used in the interpretation of this Contract. ARTICLE XXIII — ENTIRE AGREEMENT This Contract, consisting of the Contract Documents, constitutes the entire agreement between the Parties for the subject matter hereof and supersedes all prior arrangements, agreements, representations and undertakings, written or oral. This Contract may not be changed or modified except by a written instrument duly executed by each of the Parties hereto. IN WITNESS WHEREOF, the Parties hereto have executed this Contract. Contractor: VILLAGE OF MOUNT PROSPECT By: Title: Date: ATTEST: By: _ Title: Date: ATTEST: Title: Title: Date: Date: 63 VILLAGE OF MOUNT PROSPECT LABOR AND MATERIAL PAYMENT BOND Principal Amount: Contract: KNOWN ALL MEN BY THESE PRESENTS, that the Village of Mount Prospect, an Illinois municipal corporation (hereinafter "Village"), has awarded to I I as Principal (hereinafter "Contractor"), a written agreement with the Village dated (hereinafter "Contract"), for in accordance with the drawings and specifications prepared by: (Village of Mount Prospect or architect/engineer), which Contract is incorporated herein and made a part hereof; and WHEREAS, the Contractor is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, workmen, mechanics, material suppliers, and other persons as provided by law; NOW, THEREFORE, we, the undersigned Contractor and with main office at as Surety, are held and firmly bound unto the Village in the penal sum of Dollars ($_), lawful money of the United States, for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these present. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor shall fully, promptly pay for all laborers, workmen and mechanics engaged in the work under the Contract, and not less than the general prevailing rate of hourly wages as required by the Contract and the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., and for all material used or reasonably required for use in the performance of the Contract, and all duly authorized modifications, alterations, changes or additions to said Contract as may hereafter be made, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject to the following conditions:. A "Claimant" is defined as any person, firm or corporation having contracts with Contractor or with a subcontractor of Contractor to furnish labor, materials, or both, for use in the performance of the Contract. "Labor and materials" is construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service, rental of equipment, and any other items for which a mechanic's lien may be asserted. 2. Any person having a claim for labor and materials furnished in the performance of the Contract shall have no right of action unless he shall have 64 filed a verified notice of such claim with the Village Clerk within 180 days after the date of the last items of work or the furnishing of the last item of materials, and filed a copy of that verified notice upon the Contractor within 10 days after the filing of the notice with the Village Clerk. Filing must be by personal service or United States Mail, postage prepaid, certified or restricted delivery, return receipt requested, limited to addressee. The notice shall contain 1) the name and address of the claimant; 2) the business address of the claimant within the State of Illinois, if any, or if the claimant be a foreign corporation having no place of business within the State, the principal place of business of the corporation, and in the case of partnership, the names and residences of each of the partners; 3) the name of the Contractor for the Village; 3) the name of the person, firm or corporation by whom the claimant was employed or to whom such claimant furnished materials; 4) a brief description of the public improvement for the construction or installation of which the Contract is to be performed; and 5) a description of Claimant's contract as it pertains to the public improvement describing the work done by the claimant and stating the total amount due and unpaid as of the date of the verified notice. No defect in the notice herein provided for shall deprive the claimant of its right of action under the terms and provision of this Bond unless it shall affirmatively appear that such defect has prejudiced the rights of an interested party asserting the same. 3. No action shall be brought on this Bond later than one year after the date of the last item of work or of the furnishing of the last item of materials. Such suit shall be brought only in the circuit court of the State in the judicial district in which the Contract is to be performed. 4. The Village shall not be liable for the payment of any costs or expenses of any such lawsuit, and the Village does not have any obligations to any Claimants who make claims on this Bond. Surety will pay for all such claims, and for all costs and expenses of any such lawsuit, up to a maximum of the amount of this Bond. Surety hereby expressly agrees that no extension of time, change, modification, alteration, deletion, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this Bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, deletion, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder. Surety's obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, workmen, mechanics, material suppliers, and other persons in connection with the Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing the Village's rights against the 65 others. Any payment by the Surety made in good faith pursuant to this Bond shall reduce the principal amount of this Bond. Signed and sealed this _ day of 201_. Contractor By: Signature Title ATTEST: Corporate Secretary (corporations only) STATE OF COUNTY OF 1, — Surety -0 Officer Of The Surety Title Address: NOTARY , a Notary Public in and for said county, do hereby certify that (Insert Name of Attorney -In -Fact for Surety) who is personally known to me to be the same person whose name is subscribed to the foregoing instrument on behalf of Surety, appeared before me this day in person and acknowledge respectively that he/she signed, sealed, and delivered said instrument as his/her free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this Notary Signature: day of 1 201_. My Commission expires: (Attach Surety's Power of Attorney) 66 VILLAGE OF MOUNT PROSPECT PERFORMANCE BOND Principal Amount: Contract: KNOWN ALL MEN BY THESE PRESENTS, Principal (hereinafter "Contractor"), and that Contractor I as with main office at I 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 I (hereinafter "Contract"), for the construction of in accordance with the drawings and specifications prepared by: _ (Village of Mount Prospect or architect/engineer), which Contract is incorporated made a part hereof. herein and NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor shall fully, promptly and completely discharge the Contract and all duly authorized modifications, alterations, changes, or additions to said Contract as may hereafter be made, and during the life of any guaranty required under the Contract, and, if Contractor shall fully secure and protect the Village from all liability and from all loss or expense of any kind, including all court costs and attorneys' fees made necessary or arising from the failure, refusal or neglect of Contractor to comply with all obligations assumed by Contractor in connection with the performance of the Contract and all such modifications, alterations, changes, or additions, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Upon receipt of written notice from the Village that the Contractor is in default, and performance by the Village of its obligations under the Contract, Surety will promptly (1) remedy the default; (2) arrange for the performance of Contractor's obligations under the Contract through the use of qualified contractors acceptable to the Village; or (3) notify the Village that it may hire a contractor to complete Contractor's obligations under the Contract. Surety will promptly notify, in writing, the Village of which option it is exercising. Failure of the Surety to elect an option within fifteen (15) days of receipt of the notice from the Village shall constitute authorization to the Village to complete the improvements at Surety's expense. The balance of the contract price shall be credited against the cost of completing and/or correcting the Contractor's performance under the Contract. If the cost exceeds the balance of the contract price, the Surety shall pay the excess amount to the Village, up to a maximum of the principal amount of this Bond. If the Surety arranges for completion and/or correction or remedies the default, the balance of the contract price that is required to complete, correct or 67 remedy the default shall be paid by the Village to Surety. Surety will be responsible, up to the maximum of the principal amount of this Bond, for payment for correction and completion of the Contract, any additional legal, design professional or delay costs arising from Contractor's default and/or resulting from action or inaction on the part of the Surety and liquidated damages, or, if no liquidated damages are provided for in the Contract, actual damages caused by delayed performance or non-performance by the Contractor or Surety. The Village shall not be required to pay Surety more than the balance of the contract price. The term "balance of the contract price" means the total amount payable by the Village to the Contractor under the contract, and any amendments thereto, less the amounts paid to the Contractor by the Village. Any suit under this Bond must be filed before the expiration of two years from the date on which final payment under the Contract is due or the applicable statute of limitations, whichever is longer. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Village or its heirs, executors, administrators or successors. Any proceeding, legal or equitable, under this Bond may be instituted in a court of competent jurisdiction in the location in which the work is located. Notice to any of the parties shall be mailed to the appropriate address listed above. Surety hereby waives notice of any modifications, alterations, changes, additions or extension of time in the Contract. Signed and sealed this _ day of , 201_. Contractor S u rety By: Signature Title ATTEST: By: Officer Of The Surety Title Address: Corporate Secretary (corporations only) NOTARY STATE OF COUNTY OF 1, , a Notary Public in and for said county, do hereby certify that (Insert Name of Attorney -In -Fact for Surety) who is personally known to me to be the same person whose name is subscribed to the foregoing instrument on behalf of Surety, appeared before me this day in person and acknowledge respectively that he/she signed, sealed, and delivered said instrument as his/her free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this Notary Signature: — day of 1 201_. My Commission expires: (Attach Surety's Power of Attorney) 68 UV11no1sDqmft(V Check Sheet For Recurring Special Provisions The Following Recurring Special Provisions Indicated By An "X" Are Applicable To This ContractAnd Are Included By Check SheeL# 1 R Additional State Requirements for Federal -Aid Construction Contracts 64 2 [l Subletting mfContracts (Fedenal-Ak1Contracts) 67 3 || EEO GO 4 [| Specific EEO Responsibilities Non Federal -Aid Contracts 78 5 Required Prov|oions-Staha Contracts 83 G [l Asbestos Bearing Pad Removal 83 7 Asbestos Waterproofing Membrane and Asbestos Hot -Mix Asphalt Surface Removal BO 8 El Temporary Stream Crossings and In -Stream Work Pads 91 S Construction Layout Stakes Except for Bridges 92 10 Construction Layout Stakes 95 11 Use ofGeotexti|eFabric for Railroad Crossing 98 12 Subsea|ingofConcrete Pavements 100 13 Hot -Mix Asphalt Surface Correction 104 14 Pavement and Shoulder Resurfacing 106 15 Patching with Hot -Mix Asphalt Overlay Removal 107 16 Fl Polymer Concrete 109 17 PVCPipeDner 111 18 F| Bicycle Racks 112 18 Fl Temporary Portable Bridge Traffic Signals 114 20 Work Zone Public Information Signs 116 21 Nighttime inspection ofRoadway Lighting 117 22 F-1 English Substitution ofMetric Bolts 118 23 Calcium Chloride Accelerator for Portland Cement Concrete 118 24 Quality Control of Concrete Mixtures at the Plant 120 25 Quality Control/Quality Assurance ofConcrete Mixtures 128 26 F1 Digital Terrain Modeling for Earthwork Calculations 144 27 Fl Reserved 146 28 Fl Preventive Maintenance -BituminoueSurfaceTnoodment 147 29 Reserved 153 30 Reserved 154 31 Reserved 155 32 Temporary Raised Pavement Markers 156 33 Restoring Bridge Approach Pavements Using High -Density Foam 157 34 Portland Cement Concrete Inlay orOverlay 180 35 Portland Cement Concrete Partial Depth Hot -Mix Asphalt Patching 164 Printed 09/11118 Page 1 of 2 BLR 11300 (10/17/17) The Following Local Roads And Streets Recurring Special Provisions Indicated ByAn�"AneApplicable TbThis Contract And Are Included By Reference: LRS1 Reserved 168 LRS2 F] Furnished Excavation 168 LRS3 [] Work Zone Traffic Control Surveillance 170 LRS4 Z F|aQgenainWork Zones 171 LRS 5 Z Contract Claims 172 LRSG Fl Bidding Requirements and Conditions for Contract Proposals 173 LRS 7 Fl Bidding Requirements and Conditions for Material Proposals 170 LRS8 Reserved 185 LRSg Bituminous Surface Treatments 186 LRS 10 Reserved 187 LRS 11 Employment Practices 188 LRS 12 Wages ofEmployees onPublic Works 190 LRS 13 Z Selection ofLabor 192 LRS 14 Paving Brick and Concrete Paver Pavements and Sidewalks 193 LRS 15 Fl Partial Payments 196 LRS 16 Z Protests onLocal Lettings 197 LRS 17 [� �= Substance Abuse Prevention Program 188 LRS 18 [� �� Multigrade Cold Mix Asphalt 799 Printed 09111/18 eLRn300<1Un7x7> U C i >: 3 �� ¢ zdc o D f5 C1 OF o a °i 2 W NJ x CL ci z fn J Q W v; Cui W " z W co O � � E- z Q W x ui_ a We CD a o W a > ore W agll .. U o > O m m v� W W CL CL c zum yj a g ci CL a N t6 1 W CM CD QW JLLJ J � z ao s o a � a y $ g m ' � z W act �' z=ya a y e w a S'. gcazc F s"izy ¢ Z a W d m W 11'0008WOVHOS'3'd'310018'3 5310 O MMION3 391130 ONV Wtl000Hd 9NI'd0000 VOU013 *3'd'NI1H00tl1.0'f 3Ntl00:033NI9N3 1Ntl110SN09 0 0 O 0 \ \ 0 \ \\\\\ \ \ \§\\\ ) a �(\ / . . . - 2 \ \ \ �\ \ \ �\ \ \ \ a « . NOSLIJN« :xa \ \ 7 ( a �(\ / . . . - 2 \ \ \ �\ \ \ �\ \ \ \ a « . NOSLIJN« :xa �\ § 2 / \ \ N §\ ® & \ \ / (\ ± �(\ / . . . - 2 \ \ \ �\ \ \ �\ \ \ \ a « . NOSLIJN« :xa O LLJ LLJ cc W W U O - W V uJ VI - a I Qy - Q W ' cn � Q ti N � _ _ _ �` _ W W O - - - - - _ J W W vn Q W O W LLJ O W ¢ w OJ W w_ Ww _ - ¢ _ au W o _ w nm as N It d MI O ~ J 4' � w - = J rir CD i-es it s-s ,hrtir i %irtir e-s '.. 1 is a r - I aN CL r w a Q W _ J 1 a L I w z, o z _1 rn a ,w _ ov w l _ N 1 W� _ ow• i E;4 8 1 Z aL 0 = F w Z � 9 J 0 ti o � U _ o L W W m 0-1 _._.. LL p W �W� m r W 1 c nom. aaa a a� nw 0 `w z z ,"[/,h- l P �z-rl yz-m[ s -s - n m : � I ❑ m w rz Lu ❑ z Ij ` w Lu cz ° m V W CL N O x CL z z 0 a J 0 ti ti LL �W� S w ¢ WLLJ ,"[/,h- l P �z-rl yz-m[ s -s - n m : � I ❑ m w rz Lu ❑ z Ij ` w Lu cz ° m V W CL N O x CL z z 0 a ��r17- = �r . • Bid Request For BRIDGE REPAIR SEE GWUN AVENUE OVER WELLER CREEK BID OPENING: October 9, 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 BRIDGE REPAIR SEE GWUN AVENUE OVER WELLER CREEK Sealed bids will be received until 1:00 p.m. on October 9, 2018 in the office of the Village Manager, 3rd Floor, 50 S. Emerson Street, Mount Prospect, Illinois 60056. In a separate, sealed envelope please submit bid clearly marked "SEALED BID FOR BRIDGE REPAIR SEE GWUN AVENUE OVER WELLER CREEK". The project includes, but is not limited to the following bid items: concrete beam repair, substructure repair, and deck sealing. Plans and specifications can be obtained from the Village of Mount Prospect by visiting the Village website at www.mountprospect.org/bids. All work under this Bid and the resulting contract shall comply with the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 et seq. and the other applicable laws and ordinances. Offers may not be withdrawn for a period of ninety (90) days after the bid date without the consent of the Board of Trustees. Any Bid submitted unsealed, unsigned, sent via email or fax or received subsequent to the aforementioned date and time, will be disqualified and returned to the bidder. The Village reserves the right in its sole discretion, to reject any and all bids or parts thereof, to waive any irregularities technicalities and informalities in bid procedures and to award the contract in a manner best serving the interests of the Village. Village Manager Mike Cassady E Bridge Repair See Gwun Avenue Over Weller Creek Table of Contents Notice to Bidders Table of Contents Instructions to Bidders General Conditions Specifications Bid Form Affidavit — Bid Certification Form Bid Security Bid Sheet Contract Labor and Material Payment Bond Performance Bond Check Sheet for Local Roads Recurring Special Provisions 3 Page 2 3 4 10 32 52 55 57 58 59 64 67 INSTRUCTIONS TO BIDDERS 1) Bid. Bid forms are furnished by the Village. All bids must be submitted on the forms provided, complete and intact, properly signed in ink in the proper spaces, and submitted in a sealed envelope. All bids shall be delivered to the office of the Village Manager, Village Hall, 3rd Floor, 50 S. Emerson Street, Mount Prospect, Illinois 60056, not later than 1:00 p.m. on October 9, 2018. Envelopes shall be plainly marked, "Sealed Bid For Bridge Repair See Gwun Avenue Over Weller Creek" and with the following information: company's name, address, date and time of opening. Bids must be signed by an authorized official of the organization submitting the bid with the name of the official and his/her title typed below the signature. 2) Bid Deposit; Surety. A bid deposit in the amount of ten percent (10%) of the total bid amount, payable to the Village, is required, unless otherwise stated in the bid package. The deposit must be in the form of a bid bond, certified check, or a bank cashier's check. All bid performance deposit checks will be retained by the Village until the bid award is made, at which time the checks will be promptly returned to the unsuccessful bidders. The bid performance deposit check of the successful bidder will be retained until surety bonding requirements have been satisfied and proof of insurance coverage is provided. 3) Alternate Multiple Bids/Specifications. The Specifications describe the services that the Village feels is necessary to meet the performance requirements of the Village. It is not the desire or the intent to eliminate or exclude any bidder from bidding because of minor deviations, alternates or changes. Bidders desiring to bid on services which deviate from these Specifications, but which they believe are equivalent, are requested to submit alternate bids. However, alternate bids must be clearly indicated as such, and deviations from the applicable Specifications should be plainly noted. The bid must be accompanied by complete Specifications for the services offered. Bidders wishing to submit a secondary bid must submit it as an alternate bid. There is to be only one bid per envelope. The Village shall be the sole and final judge unequivocally as to whether any substitute is of equivalent or better quality. This decision is final and will not be subject to recourse by any person, firm or corporation. If the bidder wishes to qualify its bid or make special stipulations thereto, such qualifications or stipulations shall be stated on standard letterhead size sheets of paper, all attached to the bid form. 4) Erasures. All erasures or revisions of the bid must be initialed by the person signing the bid. I 5) Receiving Of Bids. Bids received prior to the time of opening will be securely kept, unopened. The Village Clerk or his/her designee, whose duty it is to open the bids, will decide when the specified time has arrived, and no bid received thereafter will be considered. No responsibility will be attached to the Village or its representatives for the premature or non -opening of a bid not properly addressed and identified, except as otherwise provided by law. 6) Late Bids. Bids arriving after the specified time, whether sent by mail, courier, or in person, will not be accepted. These bids will either be refused or returned unopened. It is the bidder's responsibility for timely delivery regardless of the method used. Mailed bids which are delivered after the specified hour will not be accepted regardless of post marked time on the envelope. 7) Bids By Email And Fax. Email and Facsimile machine transmitted bids will not be accepted. 8) Error In Bids. When an error is made in extending total prices, the unit bid price will govern. Otherwise, the bidder is not relieved from errors in bid preparation. 9) Withdrawal Of Bids. A written request for the withdrawal of a bid or any part thereof may be granted if the request is received by the Director of the requesting Department prior to the specified time of opening. After the opening, the bidder cannot withdraw or cancel his bid for a period of ninety (90) calendar days, or such longer time as stated in the bid documents. 10)Bidders Qualifications. All bidders must submit the following information on or before the time at which the bid is required to be submitted: a. The location of the bidder's permanent place of business. b. Evidence of ability to provide an efficient and adequate plan for executing the work. C. A list of similar projects carried out by the bidder. d. A list of projects the bidder presently has under contract. e. Any additional evidence tending to show that the bidder is adequately prepared to fulfill the contract. 11)References; Background Check. Bidders shall include with its bid, on a separate sheet attached to the bid, the names of three (3) references regarding its financial qualifications and three (3) references regarding its qualifications by experience, ability, personnel and equipment to undertake work of the nature and extent contemplated by the bid and Specifications. References must include company name, address, contact person, and telephone number. The Village reserves the right to reject bids not accompanied by the required references. 5 All Bidders, as a condition of and prior to entry into a contract, agree that a complete background investigation of the principals of the Bidder and all employees who will work on the project may be made. Bidders agree to cooperate with the appropriate Village personnel to supply all information necessary to complete these investigations. The Village in its complete discretion may disqualify any Bidder, including a low Bidder, and may void any contract previously entered into based upon its background investigation. 12) Consideration Of Bid And Contract. No bid will be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to the Village upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the Village or had failed to perform faithfully any previous contract with the Village within two (2) years prior to the date of the invitation to bid. 13) Conditions. Bidders are responsible to become familiar with all conditions, instructions and Specifications governing this bid. The bidder is responsible to visit a site if necessary and its bid is based upon the knowledge of all information readily available at the site of such a visit. Once the bids have been opened, the failure to have read and understood all conditions, Specifications and instructions shall not be cause to alter the original bid or to request additional compensation. No extra compensation will be allowed the successful bidder for failure to inform or familiarize itself prior to bidding. 14) Interpretation Of Bid Documents. Any bidder in doubt as to the true meaning of any part of the Specifications or other bid documents may submit a written request for interpretation to the Village, as provided in the Specifications. Bidders will acknowledge receipt of any addendum issued by so noting on the bid sheet. Oral explanations are not binding. 15) Prices. Unit prices shall be shown for each unit on which there is a bid, and shall include all packing, crating, freight, and shipping charges, and cost of unloading at the destination unless otherwise stated in the bid. Unit prices shall not include any local, state or federal taxes. The Village is exempt, by law, from paying state and village retailer's occupation tax, service occupation tax, and federal excise tax. The Village will supply the successful bidder with its tax exemption number. Cash discounts will not be considered in determining overall price, but may be used in an overall evaluation. 16) Qualifications of Contractors. Factors: It is the intention of the Village to award the Contract only to a bidder who furnishes satisfactory evidence that it has the requisite experience, ability, capital facilities, plant organization and staffing to enable it to perform the work successfully and promptly, and to complete the work within the time set forth in the Bid Documents. The Village shall consider the following factors: 0 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. 1. Responsiveness to the exact requirements of the invitation to bid. m. Ability to work cooperatively with the Village and its administration. n. Past records of the bidder's transactions with the Village or with other entities as evidence of the bidder's responsibility, character, integrity, reputation, judgment, experience, efficiency and cooperativeness. o. Any other factor that the Village may legally consider in determining the bid that is in the best interests of the Village. 17)Award Or Resection. The Village, at its sole discretion, reserves the right to reject any and all bids or parts thereof, to waive any irregularities, technicalities and informalities, and to award a bid in the best interests of the Village. Any bid submitted will be binding for ninety (90) calendar days after the date of the bid opening. Bidders shall make all investigations necessary to thoroughly inform themselves regarding the equipment or supplies to be furnished in accordance with the bid. No plea of ignorance by the bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary examinations and investigations will be accepted as a basis for varying the requirements of the Village or the compensation to the bidder. Any bidder's exceptions to the terms or conditions, or deviations from the written Specifications must be shown in writing and attached to the bid form. No verbal exceptions or agreements with employees of the Village will be considered valid. Such exceptions or deviations can be cause for rejection of the bid proposal. Any exceptions not taken by the bidder shall be assumed by the Village to be included. 7 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)Reguirement Of Bidder. The successful bidder shall, within ten (10) days after notification of the award of the contract: a) enter into a contract in writing with the Village covering all matters and things related to its bid; and b) furnish the required certificate of insurance and bonds. 20) Bid Certification Form. All bid submittals must include a signed Bid Certification Form (copy attached) certifying non -collusion in the bid, and that the bidder is in compliance with Sections 33E-3 and 33E-4 of the Illinois Criminal Code regarding bid rotating and bid -rigging, 720 ILCS 5/33E-3, 33E-4, compliance with the Illinois Drug Free Workplace Act, 30 ILCS 580/1, et seq., and Substance Abuse Prevention in Public Works Projects Act, 820 ILCS 265/1 et seq., that it is not delinquent in the payment of taxes (65 ILCS 5/11-42.1) and that it has a written sexual harassment policy in place in full compliance with Section 2-105 of the Human Rights Act, 775 ILCS 5/2-105, as amended, Sections 33E-3 and 33E-4 states that it is unlawful to participate in bid -rigging and/or bid rotating. Therefore, all bidders must certify, under oath, that they are not barred El 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 Brett Sauter at bsauter@ciorba.com, no later than five (5) calendar days prior to the date set for the opening of the bid. Any questions received after that time may be answered at the discretion of the Village. In the event that the Village finds a question to be adequately addressed in the existing bidding documents, the question may be answered in writing by directing the requesting bidder to the applicable provision(s) in the existing bid documents. No further clarifications or interpretations will be issued. Bidders will acknowledge receipt of any addendum issued by so noting on the bid sheet. Oral explanations are not binding. Questions about this Request for Bids should be directed to: Jeff Wulbecker, Village Engineer Mount Prospect Public Works Department 1700 West Central Road Mount Prospect, IL 60056 Phone: (847) 870-5640 Email: jwulbeck@mountprospect.org 0 GENERAL CONDITIONS 1) Definition of Terms. In these specifications and the accompanying documents, the several terms hereinafter defined shall be understood to mean as follows: The term "Award" shall mean the decision of the Village of Mount Prospect to accept the bid of the lowest responsible bidder for the work, subject to the execution and approval of a satisfactory contract therefore, and bond to secure the performance thereof, and to such other conditions as may be specified or otherwise required by law. The term "Bid" shall mean a formal written offer of a bidder to perform the proposed work in accordance with these specifications. The term "Bidder" shall mean any individual, firm, or corporation submitting a bid for the work contemplated. The phrase "Bid Documents" shall mean the Notice to Bidders, Table of Contents, Instructions to Bidders, General Conditions and Special Provisions, Specifications, Bid Form, Affidavit — Bid Certification Form, Bid Security, Bid Sheet, Other Materials or standards provided or noted by the Village, Contract, Performance Bond form, and Labor and Materials Payment Bond form. The term "Board" shall mean the Board of Trustees of the Village of Mount Prospect, Illinois. The term "CCDD" shall mean Clean Construction or Demolition Debris. The term, "Contract," shall mean the written agreement between the Village and the contractor, or between the owner and the contractor. The phrase "Contract Documents" shall mean the Bid Documents, bidder's submitted Bid Form, Bid Security, Bid Sheet, Contract and required bonds or letter of credit. The term "Contractor," as successful bidder, shall mean the individual, firm or corporation who shall have entered into an agreement or contract to furnish all necessary labor, equipment, tools and materials for the performance of the work under its bid and the Bid Documents. The phrase "Director of Public Works" shall mean the Director of Public Works representing the Village of Mount Prospect. The term "EPR" shall mean the Village's Engineering Project Representative. 10 The phrase "Final Performance Date" shall mean the date that Substantial Performance and the punch list items must be completed. The term "Inspector" shall mean the authorized representative of the Director of Public Works assigned to make detailed inspection of any or all portions of the work or materials therefore. The phrase "Notice of Award" shall mean the written notice of award of the contract given by the Village to the successful bidder. The phrase "Notice to Bidders" shall mean the official notice included in the bid inviting bids for the proposed improvements. The phrase "Notice to Proceed" shall mean the official notice to the contractor that will start the performance period/ The phrase "Performance Period" shall mean the time allotted for contractor to perform the contract from start to Substantial Performance. The term "Owner" shall mean the Village of Mount Prospect. The phrases "Payment Bond", "Performance Bond", and "Letter of Credit" shall mean the approved form of security furnished by the contractor and its financial institution as a guarantee that it will execute the work and pay all material providers and subcontractors. The terms "Plans" or Contract Drawings" shall mean all official drawings or reproductions of drawings pertaining to the work provided in the contract. The phrase "Project Schedule" shall mean the critical path schedule submitted by Contractor to the Village, which includes targeted dates of completion through the Substantial Completion Date. The term "Punch list" shall mean a list of items to be completed after Substantial Performance. The phrase "Special Provisions" shall mean any special directions and requirements prepared to cover the method or manner of performing work on a particular project, or cover the quantities or quality of the materials to be furnished under the contract not covered in the STANDARD SPECIFICATIONS. The special provisions included in the contract shall govern the work and take precedence over the general provisions and STANDARD SPECIFICATIONS noted above wherever they conflict therewith, but they shall not operate to annul those portions of the general provisions with which they are not in conflict. 11 The term "Specifications" shall mean the general and special provisions, instructions and requirements contained herein, together with written agreements and all other executed documents which describe the method of performing the work, the quantities, or the quality of material to be furnished under the contract. Additionally, the term specifications will refer to standard practices as outlined in the Illinois Department of Transportation's "STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (R&BC), latest revision and the "STANDARD SPECIFICATIONS FOR WATER AND SEWER MAIN CONSTRUCTION IN ILLINOIS" prepared by the ISPE, CECT, et al, latest revision. The term "Subcontractor" shall mean any individual, firm or corporation other than the contractor supplying labor, equipment, tools and materials for use in the work of the contract. The phrase "Substantial Performance" shall mean the date that the entire Project can be used for the purposes for which it was intended, i.e., only punch list items remain. The phrase "Substantial Performance Date" shall mean the date that substantial performance must be completed. The term "Village" shall mean the Village of Mount Prospect, Illinois. The terms "Village Manager" or "Manager" shall mean the Village Manager of the Village of Mount Prospect, Illinois or his duly appointed representative. The terms "Work" and "Project" are used interchangeably and shall mean the improvement advertised for letting, described in the bid form, indicated on the plans, and covered in the specifications and contract, and authorized alterations, extensions and deductions, including labor, tools, equipment, materials and incidentals necessary for the satisfactory completion of the project. 2) Award of contract; Performance; Payment. a. Award of Contract. The Village will issue a Notice of Award to the successful bidder, advising that it has been awarded the contract. Within ten (10) days of delivery of the Notice of Award, by personal service or registered or certified U.S. mail, posted prepaid and receipt requested, Contractor shall execute the Contract, attached to the Bid Documents, and furnish the Village with the required bonds and certificate of insurance. b. Notice to Proceed. Upon the Village's receipt of the executed Contract, required bonds and certificate of insurance, the Village will issue and send to Contractor a Notice to Proceed, which will start the performance period. c. Substantial Performance; Final Completion. 12 The Contract shall be substantially performed by November 20, 2018 after the Notice to Proceed is effective (the Substantial Performance Date"). Substantial Performance is when the entire Project can be used for the purposes for which it was intended, i.e., only punchlist items remain. ii. Final completion shall be within thirty (30) days after the Substantial Performance Date (the "Final Performance Date"). d. Project Schedule. Within ten (10) days after the Contractor executes the Contract, Contractor shall submit to Village a Project Schedule to include targeted dates of completion of all construction and other requirements of the Contractor through the Substantial Completion Date. Contractor shall monitor schedule progress and provide monthly updates and revisions of the Project Schedule, as needed to Village. e. Liquidated Damages for Inexcusable Delay. Time is of the essence. The Contractor agrees that all work included in connection with this project must be completed by the Final Performance Date, or sooner, after receipt of Notice To Proceed. It is hereby acknowledged and agreed by both parties that the damages to the Village are not readily ascertainable but that the failure to timely complete this Work will materially and significantly damage the safety and well-being of the Village, its staff and the public, and that therefore a sum of 1,000.00 per day is a fair and reasonable damage estimate to compensate the Village for any such delay. If the Contractor fails to fully complete the Work in that time, then and in this event, the Contractor further expressly agrees that, for each day this Work and this contract shall remain uncompleted after that date, the Village may deduct the sum of $1,000.00 per day after the Final Performance Date, from the contract price as payment to the Village, by the Contractor of the liquidated damages sustained by reason of failure of the Contractor to complete the Project on or before the time aforesaid. ii. Provided, however, that if the completion of this contract is delayed by the Village, by general strikes, acts of God, or casualty beyond the control of the Contractor, then and in such event, the time of completion of this contract shall be extended for such additional time as shall be caused by such delay. iii. Provided, always, however, that the Contractor shall, at the time of such delay, if any, demand of the Village, in writing, such additional time within which to complete the performance of the Contract. The Contractor will be required to notify the Village within three (3) days of such delay, stating 13 the reason for same. If the Contractor does not notify the Village in writing, within three (3) days of the delay, no request for extension of time will be approved. f. Measurement of Quantities. All work completed under the contract will be measured by the Village according to United States standard measures. g. Payment. Payment under the Contract will be made in accordance with the Illinois Local Government Prompt Payment Act, 50 ILCS 505/1 et seq. h. Payment for Items Omitted when Partially Completed. Should the Village cancel or alter any portion of the contract which results in the elimination or non - completion of any portions of the work partially completed, the contractor will be allowed a fair and equitable amount covering all items of work incurred prior to the date of cancellation, alteration, or suspension of such work. A written change order may apply. Partial Payment. When requested, the contractor will make an approximate estimate, in writing, of the materials in place completed, the amount of work performed, and the value thereof, at the contract unit prices. From the amount so determined, there shall be deducted ten percent (10%) to be retained until after completion of the entire Work to the Village for payment, except that no amount less than $500 will be so certified unless the total amount of the contract is less than $500. In addition, an estimate may, at the discretion of the Village and upon presentation of receipted invoices and freight bills, be made for payment of the value of acceptable materials delivered on the Work or in acceptable storage places and not used at the time of such estimate. Ten percent (10%) shall be retained from the value of such materials until final payment. Such materials, when so paid for by the Village, shall become the property of the Village, and in the event of default by the Village, shall become the property of the Village, and in the event of default by the contractor, the Village may use or cause to be used such materials in the construction of the work provided for in the contract. The amount thus paid by the Village shall be deducted from estimates due the contractor as the material is used in the work. Partial payment for work or materials shall not be construed as an acceptance of the work or any part of it, or as a waiver of any provisions of the contract. Partial payment will only be granted if in the opinion of the Village sufficient labor and materials have been expended to warrant it. If partial payments are requested, the Contractor shall submit with each payment request a properly completed Contractor's Affidavit setting out, under oath, the name, address and amount due or to become due, of Contractor, each subcontractor, vendor, supplier or other appropriate party included in its cost, and 14 for every party listed a full or partial waiver of lien, as appropriate. Beginning with the second payment request, and with each succeeding payment request, the Contractor shall submit Contractor's Affidavits and partial waivers of lien for each subcontractor and supplier showing that the amount paid to date to each is at least equivalent to the total value of that subcontractor's work, less retainage, included on the previous payment request. Acceptance and Final Payment. Whenever the Work shall have been completely performed on the part of the contractor, including Punch list items, and all parts of the Work have been approved by the Village and accepted by the Village, a final payment showing the value of the work will be prepared by the contractor as soon as the necessary measurements and computations can be made, all prior estimates upon which payments have been made being approximate only and subject to correction in the final payment. The amount of this estimate, less any partial or semifinal payments previously made and less any sums that have been deducted or retained under the provisions of the contract, will be paid to the contractor as soon as practicable after the final acceptance, provided the contractor has furnished to the Village the required maintenance bond and satisfactory evidence that all sums of money due for any labor, materials, apparatus, fixtures or machinery furnished for the purpose of such work have been paid or that the person or persons to whom the same may be due have consented to such final payment. If final payment is requested, the Contractor shall submit a properly completed Contractor's Affidavit setting out, under oath, the name, address and amount due or to become due, of Contractor, each subcontractor, vendor, supplier or other appropriate party included in its cost, and a full and final waiver of lien for the full amount of the Work, less retainage. The Contractor shall assign over to the Village all manufacturers' and suppliers' warranties respecting any part of the Work. The Contractor shall also deliver to the Village the required maintenance bond prior to Final Payment and upon receipt of Final Payment a set of Plans and Specifications annotated to show the Project "as -built." The acceptance by the contractor of the final payment shall constitute a release and waiver of any and all rights and privileges under the terms of the contract; further, the acceptance by the contractor of final payment shall relieve the Village from any and all claims or liabilities for anything done or furnished relative to the Work or for any act or neglect on the part of the Village relating to or connected with the Work. k. Punch list. The Contractor shall notify the Village when it believes substantial performance of the entire Project has been achieved. The Village, and/or any independent consultant engaged by the Village, shall then inspect the Project site with the Contractor, and prepare and deliver to the Contractor within five (5) days thereafter, a written Punch list indicating items of construction which are not in material conformity with the Contract Documents. The Punch list items shall be 15 completed by the Final Performance Date. Pending completion of Punch list items, the Village may withhold from amounts due to the Contractor an amount equal to but not greater than one and one-half (1'/) times the estimated cost to complete Punch list items. Final Policing of the Sites. Before the completed work will be ready for the Village's final inspection, the contractor shall have removed from the project sites all surplus equipment, machinery, materials, debris, barricades, and signs. The contractor shall leave said project sites in the best possible condition to the complete satisfaction of the Village. m. Final Inspection. The Village shall make final inspection of all of the Work, as soon as practicable after notification in writing by the contractor that the work is completed and ready for acceptance. If the Work is not acceptable to the Village at the time of such inspection, the Village shall inform the contractor as to the particular defects to be remedied before final acceptance can be made. n. Alterations, Cancellations, Extensions and Deductions. The Village reserves the right to alter the plans, extend or shorten the improvement, add such incidental work as may be necessary, and increase or decrease the quantities of work to be performed to accord with such changes, including the deduction or cancellation of any one or more of the unit price items. Such changes shall not be considered as a waiver of any condition of the contract nor to invalidate any of the provisions thereof. A written change order may apply. All Work shall be done under the supervision of the Village's Director of Public Works, or a designated representative who shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress of the work, interpretation of the plans and specifications, acceptable fulfillment of the contract, compensation and disputes and mutual rights between contractors under the specifications. I. Change Orders. The Village may from time to time require changes in the Work. Such changes shall comply with Section 33-E9 of the Criminal Code, 720 ILCS 5/33E-9. m. Right of the Village to Terminate the Contract. If the Contractor fails to begin the Work under the Contract within the time specified, or fails to perform the Work in accordance with the terms of the approved schedule or performs the Work in a manner unacceptable to the Village, or neglects or refuses to remove materials or perform anew such Work as has been rejected by the Village, or if the Contractor shall become insolvent or be declared bankrupt, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall fail to carry on the Work in a manner required by the Contract, the Village shall 16 give notice as hereinafter provided to the Contractor and its surety in writing specifying such failure, delay, neglect, refusal or default, and if the Contractor, within a period of ten (10) calendar days after the giving of such notice, shall not proceed in accordance therewith, then the Village shall have full power and authority to declare this Contract and the Contractor in default, and to forfeit the rights of the Contractor in this Contract. ii. Upon declaration of Contractor's default, the Village may, at its option, call upon the surety to complete the Work in accordance with the terms of this Contract or may take over the Work, including any materials on the Work site as may be suitable and acceptable to the Village and may complete the Work by its own forces or on its own account, or may enter into a new contract or contracts for the completion of the Work, or may use such other methods as shall be required for the completion of the Work in an acceptable manner as the Village may in its discretion determine. iii. All costs and charges incurred by the Village, together with the cost of completing the Work shall be deducted from any moneys due or which may become due on this to the Contractor under this Contract. Following any payment due and received by the Village from the Contractor's surety following default, if the expense so incurred by the Village is less than the sum paid to the Village by the surety under this Contract for work remaining, the surety shall be entitled to receive the excess difference paid to the Village. When such Contractor default costs incurred by the Village exceeds the sum paid to the Village for the work remaining under the Contract the Contractor and the surety shall be liable and shall pay to the Village the full cost of such additional expenses. 3) Performance of the Work. a. Accident Prevention. The contractor shall exercise every precaution at all times for the protection of persons and properties. The safety provisions of all applicable laws and ordinances shall be strictly observed. Any practice obviously hazardous, in the opinion of the Director of Public Works or his authorized representative, shall be immediately discontinued by the contractor upon his receipt of instructions from the Director of Public Works or an authorized representative to discontinue such practice. b. Barricades and Warning Signs and Lights. The contractor shall erect substantial lighted barricades to protect its work at all points deemed necessary by the Director of Public Works; said contractor shall place at such points the necessary warning signs, amber lights, caution tape, and other suitable devices to protect his work properly and to provide for the convenience and safety of the public at all times. The contractor shall maintain such barricades, signs, lights and 17 protective devices until the need for them, in the judgment of the Public Works Director or an authorized representative, has passed. Contractor shall provide warning signs and barricades to safely mark any hazards or detours caused by the work. All such warning signs and barricades for work in, or affecting Village of Mount Prospect streets, access roads, and state highways shall meet all applicable requirements as stipulated in the latest edition of the Manual for Uniform Traffic Control Devices published by the U.S. Department of Transportation. All costs for barricades, signs including all labor and other associated materials shall be incidental to the fixed unit price bid for the specific repair or pay item. c. Cooperation with Utilities. It is understood and agreed that the contractor has considered in its bid all of the permanent and temporary utility appurtenances in their present or relocated positions that may be encountered during construction and no additional compensation will be allowed for any delays, inconvenience, or damage sustained by it due to any interference from the said utility appurtenances either by the utility company or by it, or on account of any special construction methods required in prosecuting its work due to the existence of said appurtenances either in their present or relocated positions. The contractor shall insure that prompt repairs are, to the approval of the inspector, made to any utility appurtenances damaged by it without compensation from the Village. During performance of the work, Contractor shall protect all utilities and property from damage. Contractor shall spot all utilities prior to any excavation work. Contractor shall call J. U. L. I. E. (1-800-892-0123), and request utility locations as soon as possible for emergency repairs and within forty-eight (48) hours for non- emergency work prior to excavation in strict accordance with J. U. L. I. E. operation procedures. d. Clean-up. After all work under each task phase of the work is completed, the Contractor shall remove all loose debris and other materials not incorporated in the work from the site of the work. Any clean up or restoration to private property will be the responsibility of the Contractor. e. Construction Noise Restriction. All construction activities or alteration operations within the Village shall be performed only between the hours of 8:00 a.m. and 7:00 p.m. Monday through Saturday. No work will be allowed on Sundays and legal holidays as listed in Article 107.09 of the Standard Specifications. Variations from these time limitations shall be allowed only in the case of maintenance of operation of safety and traffic control devices such as barricades, signs and lighting, or to construction of an emergency nature. More stringent requirements may be assessed for work in state highway or railroad rights-of- way. Working hours outside these times must receive prior approval from the Village. f. General. The work to be performed under the contract includes the furnishing of all supervision, labor, materials, tools, equipment and incidentals of every kind and description necessary for construction, in accordance with the Contract Documents. g. Inspection. All materials and each part or detail of the work shall be subject at all times to inspection by the Village or its inspectors, and the contractor will be held strictly to the true intent of the Specifications in regard to quality of materials, workmanship and diligent execution of the contract. The Village or its inspectors shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the contractor as is required to make a complete and detailed inspection. Materials, components or completed work not complying therewith may be rejected by the Village and shall be replaced by the Contractor at no expense to the Village. Any rejected material or component shall be removed at the entire expense of the Contractor, after written notice has been mailed by the Village to the Contractors that such materials or components have been rejected. The contractor shall, if the Village requests, remove or uncover such portions of the finished work as the Village may direct before final acceptance of the same. After the examination, the contractor shall restore said portion of the work to the standard required by the Specifications. If the work thus exposed or examined proves acceptable, the expense of uncovering or removing and the replacing of the parts removed shall be paid for as extra work; but if the work so exposed or examined is unacceptable, the expense of uncovering or removing and replacing of the same shall be borne by the contractor. h. Materials and Equipment. Except where the Specifications indicate otherwise, the Village is not responsible for providing any tools, equipment or storage under the contract in order to permit its completion of any contractual obligations under the contract, which may be awarded as the result of the bid. i. Personnel and Equipment. The contractor shall provide an adequate number of competently trained personnel with sufficient supervision to provide the services required, and contractor shall provide identification of its personnel if requested by the Village. Any contractor's employee whose employment is reasonably detrimental or objectionable to the Village shall be immediately transferred from the work -site upon the Village's request. The exercise of this option shall not be construed as placing the Village in charge of the Work or making the Village responsible for safety. All on the road vehicles or equipment shall be identified by the contractor's name for purpose of identification. 19 All tools or equipment required to carry out the operations within the scope of the contract shall be provided by the Contractor, and shall meet the standards of the Federal Occupational Safety and Health Act and State of Illinois safety codes as may be required by law. The Village reserves the right to inspect the equipment that will be used prior to award of Bid. j. Property Protection. No vehicles of any kind shall be placed, parked or operated upon or over any sodded areas. k. Protection and Restoration of Property. It is understood that in the execution of the Work herein provided for there may be interference with and/or damage to trees, shrubbery, crops, fences, railroad tracks, overhead structures such as poles, wires, cables, underground structures such as sewers, gas mains, telephone conduits and cables, water mains, drains, service connections, wires, pipes, conduits, located along, adjacent to, and/or crossing the locations of the Work, and that it may be necessary to relocate or reconstruct certain of such structures, improvements, and installations and/or to make repairs to the same by reasons of doing the Work herein provided for, and it is therefore particularly and specifically agreed that the Contractor except as otherwise herein provided, shall do the Work necessary for such relocation, reconstruction, and repair and shall bear and pay all of the cost and expense of such relocation, reconstruction, and/or repair of, and all damage done to any and all such pipe line and other structures, improvements, and installations, including service connections, if any, to adjacent property, existing at the date of the execution of the contract and/or existing, during the period of the Work to be done under the contract, which may be interfered with, damaged, and/or necessarily relocated, reconstructed, or repaired in the performance of the Work herein provided for, including the restoration and resurfacing of unpaved portions of public streets and alleys, rights-of-way, easements, and private property damaged or disturbed by the Work, the same to be restored to as good condition as the same existed at the time of the commencement of any such Work or relocation. It is further agreed that the owners of any structures, improvements, installations, referred to in the preceding paragraph shall have the right to do the Work or any part thereof necessary for the relocation, reconstruction, replacement, repair, and other Work required by reason of any interference with and/or damage to such structures, improvements, installations, due to the prosecution of the Work and upon completion of such Work by them done, said owners may render bills to the Contractor for the cost and expenses thereof which bills shall be paid by the Contractor without extra compensation therefore from the Village, upon demand by said owners, or upon demand made by the Village upon the Contractor for the payment thereof. I. Public Convenience and Safety. The contractor shall notify the Director of Public Works at least three (3) days in advance of the starting of any construction work which might in any way inconvenience traffic, and the contractor shall at all 20 times conduct the work in such a manner as to insure the least obstruction to vehicular and pedestrian traffic. Whenever possible, the contractor shall provide and maintain at his own expense such temporary roads and approaches as may be necessary to provide access to driveways, houses, buildings or other property abutting the improvements. In no case will the contractor obstruct entrance ways into private property without first seeking the Village and private property owner's approval. m. Public Relations. The Contractor shall cooperate with the Village of Mount Prospect in maintaining a high degree of sensitivity to the needs of property and business owners along the project route. Contractor will distribute written public work notices to businesses and residences as required by the Village. n. Removal of Defective and Unauthorized Work. Work done without lines and grades being given, or beyond the lines shown on the plans or as given, except as herein provided, or any extra work done without authority will be considered as unauthorized and at the expense of the contractor, and will not be measured or paid for. Work so done may be ordered removed or replaced at the contractor's expense. All work which has been ordered to be removed or replaced shall be remedied or removed and replaced by the contractor in a manner approved by the Village at the contractor's expense. Upon failure of the contractor to comply promptly with any order of the Village made under this provision, the Village shall, after giving written notice to the contractor, have the authority to cause defective work to be remedied, or removed and replaced, or to cause unauthorized work to be removed, and deduct the cost thereof from any compensation due or to become due the contractor. o. Scheduling. The contractor shall consult with the Village's Public Works Director or an authorized representative concerning the details and scheduling of the work contemplated herein, and shall be governed by the decisions of said Director or representative. p. Supervision. The contractor shall at all times have a competent person in charge of its work crew at the job site to whom the Village representative may issue directives. Such person shall be authorized to accept and act upon such directives. Such person shall be fluent in the English language. q. Traffic Control. Contractor shall maintain traffic flow(s) and accessibility to private property(s) as close to normal condition as possible. Contractor shall notify residents, Village of Mount Prospect and state/county officials, as appropriate, of any driveway or road closure. The contractor shall abide with the Illinois Department of Transportation's Standard Specifications for Road and Bridge Construction, latest edition. The 21 Contractor shall also abide with the Manual on Uniform Traffic Control Devices, latest edition. Contractor shall also provide sufficient flag persons to assist with traffic control during operation. Traffic control costs to close the street or ROW is to be included in the "all- inclusive" unit price of the pay item and considered as incidental to that pay item and will not be considered an extra line item. r. Tree Protection. All tree protection shall be incidental to the contract and shall be installed and maintained in accordance with the Tree Protection Ordinance and plan as specified by the Village. Tree protection fencing shall be paid for per FOOT of TEMPORARY FENCING. REMOVAL PROHIBITED UNLESS AUTHORIZED: All trees shall be maintained, saved, and protected from damage unless removal is approved by the Village. CRITICAL ROOT ZONE: To prevent unnecessary damage to existing public trees during construction, proper tree protection guidelines must be followed, particularly in the root zone where major support roots securely hold the tree in the soil. This Critical Root Zone (CRZ) is defined as the entire ground area within the vertical projection of the crown of a tree. This is also commonly referred to as the area within the drip line of a tree. Power equipment may not be used to excavate soil, change grades, or dig trenches in the Critical Root Zone. All soil excavation done within the CRZ must be done by hand, except as authorized in these specifications. Exceptions to the above shall be granted only with written permission from the Director of Public Works. FENCING: All unpaved ground on public property within the Critical Root Zones (CRZ) of existing trees subject to construction damage shall be fenced before any work is started. This Tree Protection Fencing will be paid for as specified in these contract documents. Once assembled, no fencing shall be removed without prior approval of the Engineer, and there shall be no construction activity or material including storage, stockpiling, and equipment access within the enclosure. Fencing material shall be orange polypropylene snow fence supported with metal posts, and installed according to the detail which will be provided by the Forestry Division. CHANGES TO EXISTING GRADE: No changes to original grade shall be allowed inside the CRZ. ROOT PRUNING DURING CONSTRUCTION: All tree roots greater than two inches (2") in diameter that are encountered in any construction process shall be cut cleanly with an appropriate saw or pruning shear or other tool specifically designed for cutting wood. Axes or other such chopping tools shall not be used. 22 Shovels or other tools designed for digging shall not be used. Contractor shall contact Forestry for a root inspection before backfilling. ATTACHMENTS TO TREES: No signs, placards or other objects may be nailed or stapled to trees. BRANCH REMOVAL: Tree branches shall not be cut, pruned or trimmed by the Contractor. If parkway tree branches interfere with the Contractor's work, he should contact the Forestry Division to request pruning. If Forestry deems the request reasonable they will endeavor to promptly prune the branches at the Village's expense. PENALTIES FOR TREE DAMAGE: Where limbs, trunks or roots of trees not approved for removal are damaged, the Village shall determine whether the tree can be repaired or must be removed. Repairs may include, but are not strictly limited to, pruning of broken limbs, removal of loose bark and proper shaping of wounds, thinning of the crown to compensate for root loss, fertilization, straightening and staking. Repairs shall be performed by the Village. The cost of such repairs shall be paid for by the Contractor to the Village, using rates listed in the current edition of the Village's Equipment and Labor Rate Charges. Additionally, the Village may fine the contractor for unnecessary tree damage according to the schedule listed in Appendix A, Division III of the Village Code. If in the opinion of the Village, the amount of damage warrants removal of the tree due to safety or aesthetic concerns, the Contractor shall remove the tree, along with its stump to a depth of 12 inches below grade. The Contractor shall pay the Village for replacement of the tree. Replacement cost will be determined by multiplying the diameter of the damaged tree, as measured 4-1/2 feet above the ground, by the rate of $150.00/inch. The Contractor shall be responsible for being familiar with and complying with all aspects of the Village of Mount Prospect Tree Protection ordinances and Arboricultural Standards Manual as they relate to the various site locations. Any questions regarding tree protection shall be directed to the Village Forestry Division and their response or direction shall be considered as the final word/decision on tree protection issues. Any costs for tree protection fencing, posts, labor or other associated labor or material shall be incidental to the fixed cost per unit bid. s. Work In Street Right — of — Way. All of contractor's construction work in street rights-of-way shall be done in strict accordance with the applicable controlling public agency's construction specifications, permitting, bonding, rules, and regulations. 23 All costs for necessary permits and bonds shall be borne by the Contractor and considered incidental to the fixed item price of the applicable work. Contractor shall coordinate with the proper public officials and receive approval from said officials prior to any street closings or detouring required due to the work to be performed. Contractor shall protect existing vegetation from removal or damage wherever possible. Contractor shall confine construction work to specified construction limits as shown on the drawings or defined in the specifications. Should Contractor damage or remove any vegetation outside the construction limits, Contractor shall restore the affected area to its original state at no expense to the Village. 4) BOND; INSURANCE; INDEMNIFICATION. a. Performance and Labor and Material Payment Bond. Upon submission of the executed contract to the Village, Contractor shall furnish to the Village a surety bond in the amount one hundred and ten percent (110%) of the bid for the faithful performance of the Contract and to indemnify the Village against loss. The Contractor shall also furnish a labor and materials bond in the amount one hundred and ten percent (110%) of the bid to ensure payment for all labor and materials, including compliance with the provisions of law relating to the payment of the prevailing rate of wages. The premium of such bonds is to be paid by the Contractor. The surety must be with a substantial surety company satisfactory to the Village and authorized by law to do business in the State of Illinois and endorsed by a local representative of said surety company. All payment and performance bonds shall name the Village of Mount Prospect as Obligee and be written upon forms prepared or approved by the Village. Said bonds may be satisfied with a Letter of Credit, in the form acceptable to the Village, from a bank or savings and loan within the Chicago metropolitan area. The bonds and Letter of Credit shall remain in effect during the full term of the Contract and any extension thereof. Failure to so provide these bonds or Letter of Credit shall result in forfeiture of the bid deposit to the Village as liquidated damages and not as a penalty, and the termination of the contract and/or withdrawal of the award. b. Insurance Requirements. In submission of a bid, the bidder is certifying that it has all insurance coverages required by law or that would normally be expected for bidder's type of work. In addition, the bidder is certifying that, as successful bidder/Contractor, upon execution of the Contract, it will provide Insurance of such types and in such amounts as may be necessary to protect itself and the interests of the Village against all hazards or risks of loss contemplated by the Contract. The Village shall be named as additional insured on all applicable insurance policies. Satisfactory certificates of insurance shall be filed with the Village upon execution of the Contract. The certificates shall state that thirty (30) 24 days advance written notice will be given to the Village before any policy covered thereby is changed or canceled. Insurance coverage shall be in the following minimum amounts: Limit/ Limit/ Type of Insurance Ea. Occurrence Aggregate General Liability Bodily Injury $1,000,000 $3,000,000 Property Damage $1,000,000 $3,000,000 Contractual Ins. $1,000,000 $3,000,000 Automobile Liability Bodily Injury Property Damage Workers Compensation Employee Claims Employers Liability $1,000,000 $1,000,000 $1,000,000 $1,000,000 Statutory for Illinois $1,000,000 per accident c. Indemnification. The Contractor shall indemnify_and save harmless the Village, its officers and employees from any and all liability, losses or damages, including attorneys fees and costs of defense, the Village may suffer as a result of claims, demands, suits, actions or proceedings of any kind or nature, including workers' compensation claims, in any way resulting from or arising out of the operations of the Contractor under the Contract, including operations of subcontractors; and the Contractor shall, at his own expense, appear, defend, and pay all fees of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and, if any judgments shall be rendered against the Village in any such action, the Contractor shall, at his own expense, satisfy and discharge same. The Contractor expressly understands and agrees that any bonds, letters of credit or insurance protection required by the Contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Village as herein provided. Contractor agrees to defend and hold harmless the Village from and against all demands, claims, suits, costs, expenses, damages and adjustments based upon any infringement of any patent relating to goods specified in the contract, and on account of the Village's use of any copyrighted or uncopyrighted, composition, trade secrets, secret process, proprietary rights, patented of unpatented invention, article or appliance furnished or used under the bid Specifications. 25 5) Compliance with Laws. a. Collusion. If at any time it shall be found that the person, firm, or corporation to whom the Contract has been awarded has, in presenting any proposal or proposals, unlawfully colluded with any other party or parties, then the Contract so awarded shall be null and void and the Contractor and his sureties shall be liable to the Village for all loss or damage which the Village may suffer thereby, and the Village may advertise for new bids for said work. b. Observance of Laws, Ordinances, and Regulations; Certifications of Compliance with Applicable Laws. The contractor shall, at all times during the life of this contract, observe and abide by all federal, state and local laws which in any way affect the conduct of the work and with all decrees and orders of courts or agencies of competent jurisdiction. Likewise, said contractor shall be governed by all municipal ordinances and regulations which in any way affect the conduct of the work. The contractor shall indemnify and save harmless the Village, its officers, agents, and employees against any claim or liability arising from or based on his violation of any law, ordinance, regulation, decree or order. The bidder and contractor, as successful bidder, shall comply with all applicable state, federal and local laws, including, but not limited to the following: Bid Ripping/Rotating. By submitting a bid, the Contractor certifies that no owner, officer or director is barred from contracting with any unit of state or local government as a result of violating the bid rigging or bid rotating provisions contained in 720 ILCS 5/33E-3 & 33E-4. ii. Tax Payment. The Contractor certifies that it is not delinquent in the payment of any taxes to the Illinois Department of Revenue. (65 ILCS 5/11-42.1-1) iii. Drug Free Workplace Act. The Contractor will comply with the requirements of the Drug Free Workplace Act if the contract is $5,000 or more and it has more than 24 employees at the time of entering into the contract (30 ILCS 580). iv. Preference to Veterans Act. The Contractor will comply with the Preference to Veterans Act (330 ILCS 55). V. Substance Abuse Prevention Program. By submitting a bid, the Contractor certifies that the company has in place, to the extent not covered by a collective bargaining agreement that deals with the subject of the Act, a substance abuse prevention program that meets or exceeds the requirements of the Substance Abuse Prevention in Public Works Projects Act, 820 ILCS 265/1 et seq. 26 vi. Non -Discrimination. The Contractor will comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1, et seq.) vii. Equal employment Opportunity. The Contractor will comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et seq.), including establishment and maintenance of a sexual harassment policy as required by Section 2-105, and the Rules and Regulations of the Illinois Department of Human Rights, including the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE, which is a material term of all public contracts, as follows: EQUAL EMPLOYMENT OPPORTUNITY In the event of the contractor's non-compliance with the provisions of this Equal Employment Opportunity Clause or the Act, the contractor may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the contractor agrees as follows: 1) That he or she will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, order of protection status, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability, military status or an unfavorable discharge from military service; and, further, that he or she will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any underutilization. 2) That, if he or she hires additional employees in order to perform this contract or any portion of this contract, he or she will determine the availability (in accordance with this Part) of minorities and women in the areas from which he or she may reasonably recruit and he or she will hire for each job classification for which employees are hired in a way that minorities and women are not underutilized. 3) That, in all solicitations or advertisements for employees placed by him or her or on his or her behalf, he or she will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, order of protection status, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability, military status or an unfavorable discharge from military service. 4) That he or she will send to each labor organization or representative of workers with which he or she has or is bound by a collective bargaining or other agreement or understanding, a notice advising the labor organization or representative of the contractor's obligations under the Act 27 and this Part. If any labor organization or representative fails or refuses to cooperate with the contractor in his or her efforts to comply with the Act and this Part, the contractor will promptly notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations under the contract. 5) That he or she will submit reports as required by this Part, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Act and this Part. 6) That he or she will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purposes of investigation to ascertain compliance with the Act and the Department's Rules and Regulations. 7) That he or she will include verbatim or by reference the provisions of this clause in every subcontract awarded under which any portion of the contract obligations are undertaken or assumed, so that the provisions will be binding upon the subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply with the provisions. In addition, the contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. Title 44, Part 750, Section 750, APPENDIX A, Illinois Administrative Code, viii. PREVAILING WAGE. This contract calls for the construction of a "public work" within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/1, et seq., as amended (the "Act"). The Contractor and all subcontractors are required to pay wage rates in accordance with the Act to all laborers, workers and mechanics. The Village has adopted the prevailing wages as determined by the Illinois Department of Labor ("IDOL") for Cook County. The prevailing rate of wages is revised by the IDOL and is available on the IDOL website, www.stgtq.il.us/agencv/idol/rates/rates.HTM. The Contractor and all subcontractors are solely responsible for checking the Department's website for revisions to prevailing wage rates. In the event that the IDOL should revise the prevailing rate of wages, then the revised rates shall apply to this Contract. In no case shall any revision in the rates of prevailing wages result in an increase in the total Contract price. All bonds provided by the Contractor under the terms of this Contract shall include such provisions as will guarantee the faithful performance of the Contractor's obligations under this clause and under the Prevailing Wage Act, 820 ILCS 130/1 et. seq. Contractor shall comply with all applicable provisions of the Prevailing Wage Act, including, but not limited to, the requirements of Section 5 of the Prevailing Wage Act, 820 ILCS 130/5. The Contractor, and all Subcontractors and Sub -Subcontractors participating on the Project, shall make and keep those records required under Section 5 of the Prevailing Wage Act in paper or electronic format. In conformance with the Act, each contractor and subcontractor, or other entity performing work on the project, shall maintain records of all laborers, mechanics and other workers employed by them on the project, including the following information on each worker: (1) name; (2) address; (3) telephone number when available; (4) social security number; (5) classification or classifications; (6) gross and net wages paid in each pay period; (7) number of hours worked each day; (8) starting and ending times of each day; (9) hourly wage rate; (10) hourly overtime wage rate; (11) hourly fringe benefit rates; (12) the name and address of each fringe benefit fund; (13) the plan sponsor of each fringe benefit, if applicable; and (14) the plan administrator of each fringe benefit, if applicable. These records shall be kept by the participating contractor and subcontractor for a period of not less than five (5) years from the date of last payment on the contract or subcontract. No later than the 15th day of each calendar month, each participating contractor and subcontractor shall submit a monthly certified payroll to the Village consisting of the above -referenced information as well as a statement signed by the participating contractor or subcontractor that certifies: (a) the records are true and accurate; (b) the hourly rates paid to each worker is not less than the general prevailing rate of hourly wages required under the Prevailing Wage Act; and (c) the contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class A misdemeanor. ix. Compliance with Freedom of Information Act Request. Section 7 of the Illinois Freedom of Information Act (FOIA), 5 ILCS 140/7, applies to public records in the possession of a party with whom the Village of Mount Prospect has contracted. The Village of Mount Prospect will have only a very short period of time from receipt of a FOIA request to comply with the request and there is a significant amount of work required to process a request including collating and reviewing the information. The bidder/contractor acknowledges the requirements of FOIA and agrees to comply with all requests made by the Village of Mount Prospect for public records (as that term is defined by Section 2(c) of FOIA) in the undersigned's possession and to provide the requested public records to the Village Mount Prospect within two (2) business days of the request being made by the Village of Mount Prospect. The bidder/contractor 29 agrees to indemnify and hold harmless the Village of Mount Prospect from all claims, costs, penalties, losses and injuries (including but not limited to, attorney's fees, other professional fees, court costs and/or arbitration or other dispute resolution costs) arising out of or relating to its failure to provide public records to the Village of Mount Prospect under the contract. X. Work Guaranty. 1. Maintenance Bond. A maintenance bond or a maintenance letter of credit is required. This maintenance bond or maintenance letter of credit amount shall consist of ten percent (10%) of the final project cost; it shall be posted by the contractor with the Village upon completion of all Work; and it shall be valid and effective for a period of two (2) years after the final acceptance of such Work by the Village for the purpose of guaranteeing against and securing the correction of any defect in material or workmanship furnished for such improvements, latent in character and not discernible at the time of final inspection or acceptance by the Village of Mount Prospect. 2. General Guaranty. Neither partial or final payment, nor any provision in the contract, nor partial or entire use of the product/Work embraced in the contract by the Village or the Public shall constitute an acceptance of work not done in accordance with the contract, or relieve the contractor of liability in respect to any express warranties or responsibility for failure to comply with the terms of those contract documents. Unless otherwise expressly provided in the Specifications, in the event any defects or imperfections in the materials or workmanship to be furnished by the contractor herein appear within the period of two (2) years from the date of completion of all the Work and acceptance thereof by the Village, the contractor will, upon notice from said Village (which notice may be given by letter to said contractor to the business address of the contractor shown in the proposal), repair and make good at his own cost any such defects or imperfections and replace any defective or imperfect materials or workmanship with other materials or workmanship satisfactory to said Village, and furnish all such new materials and labor as may be necessary to do so; and in the event of the failure, refusal or delay of said workmanship or materials said Village may do so or have same done by others, and said contractor and surety or sureties on the bonds given for the faithful performance of the contract shall be liable to the Village for all damages and expenses occasioned by such failure, refusal or delay. All details of warranties shall be included with the bid. Warranty work shall be at no additional expense to the Village. 30 Manufacturer warranties and guaranties shall be submitted with the bid and shall be considered a part of the contract where such specifications meet the minimum bid Specifications. A. Miscellaneous Contract Requirements 1. Contract Alterations. No amendment of a contract shall be valid unless made in writing and signed by the Village President, Village Manager, or their authorized representative. 2. Licenses and Permits. The Contractor shall procure at its own expense all necessary licenses and permits in connection with the work under the Contract. 3. Nonassignability. The contractor shall not assign the contract, or any part thereof, to any other person, firm or corporation without the previous written consent of the Village. Such assignment shall not relieve the contractor from its obligations or change the terms of the contract unless agreed by the Village at its sole discretion. 4. Notices. All notices required by the contract shall be given in writing. 5. Taxes. The contractor shall pay all federal, state and local taxes as may be applicable on all materials, labor and services furnished by it under the contract, and the amounts of such taxes shall be included in the unit prices bid. 31 SPECIFICATIONS The following Special Provisions supplement the "Standard Specifications for Road and Bridge Construction," adopted April 1, 2016, the latest edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways," and the "Manual of Test Procedures for Materials" in effect on the date of invitation for bids, and the Supplemental Specifications and Recurring Special Provisions indicated on the Check Sheet included herein which apply to and govern the construction of Bridge Repair See Gwun Avenue Over Weller Creek; and in case of conflict with any part or parts of said Specifications, the said Special Provisions shall take precedence and shall govern. COMPLETION DATE PLUS WORKING DAYS Revise Article 108.05 (b) of the Standard Specifications as follows: "When a completion date plus working days is specified, the Contractor shall complete all contract items and safely open all roadways to traffic by 11:59 PM on November 20, 2018 except as specified herein. The Contractor will be allowed to complete all clean-up work and punch list items within 30 working days after the completion date for opening the roadway to traffic. Under extenuating circumstances the Engineer may direct that certain items of work, not affecting the safe opening of the roadway to traffic, may be completed within the working days allowed for cleanup work and punch list items. MOBILIZATION Mobilization shall be in accordance with Section 671 of the Standard Specifications. 32 MAINTENANCE OF ROADWAYS Beginning on the date that work begins on this project, the Contractor shall assume responsibility for normal maintenance of all existing roadways within the limits of the improvement. This normal maintenance shall include all repair work deemed necessary by the Engineer, but shall not include snow removal operations. Traffic control and protection for maintenance of roadways will be provided by the Contractor as required by the Engineer. If items of work have not been provided in the contract, or otherwise specified for payment, such items, including the accompanying traffic control and protection required by the Engineer, will be paid for in accordance with Article 109.04 of the Standard Specifications. 33 TRAFFIC CONTROL PLAN Traffic Control shall be according to the applicable sections of the Standard Specifications, the Supplemental Specifications, the "Illinois Manual on Uniform Traffic Control Devices for Streets and Highways", any special details and Highway Standards contained in the plans, and the Special Provisions contained herein. Special attention is called to Article 107.09 of the Standard Specifications and the following Highway Standards, Details, Quality Standard for Work Zone Traffic Control Devices, Recurring Special Provisions and Special Provisions contained herein, relating to traffic control. The Contractor shall contact Mount Prospect Public Works at least 72 hours in advance of beginning work. STANDARDS: 701006 701901 DETAILS: None SPECIAL PROVISIONS: Maintenance of Roadways Traffic Control and Protection (Special) Work Zone Traffic Control TRAFFIC CONTROL AND PROTECTION (SPECIAL) Specific traffic control plan details and Special Provisions have been prepared for this contract. This work shall include all labor, materials, transportation, handling and incidental work necessary to furnish, install, maintain and remove all traffic control devices required as indicated in the plans and as approved by the Engineer. When traffic is to be directed over a detour route, the Contractor shall furnish, erect, maintain and remove all applicable traffic control devices along the detour route according to the details shown in the plans. Method of Measurement: All traffic control indicated on the traffic control plan details and specified in the Special Provisions will be measured for payment on a lump sum basis. Basis of Payment: All traffic control and protection will be paid for at the contract lump sum price for TRAFFIC CONTROL AND PROTECTION (SPECIAL). 34 BRIDGE DECK CONCRETE SEALER Effective: June 17, 2010 Revised: July 1, 2012 Description: This work shall consist of the surface preparation and application of a concrete sealer or protective coat upon the entire top surface of the deck and the tops and inside vertical faces of the parapets of the structure(s), as outlined in the contract. Materials: Materials shall be according to the following. Item Article/Section (a) Concrete Sealer............................................................................................. 1026 (b) Protective Coat............................................................................................. 1023 Concrete sealers shall be penetrating sealers from the Department's approved list of concrete sealers. CONSTRUCTION REQUIREMENTS General: Surfaces which are to be sealed shall be thoroughly cleaned by brooming and blowing off with high pressure air. Mechanical scraping may also be required to assist in the removal of mud and other foreign material. The use of chemicals and other cleaning compounds to facilitate the removal of foreign materials shall be approved by the manufacturer or its representative before use. Traffic shall not be allowed on the cleaned surface prior to treatment. Cleaning and application equipment shall be fitted with suitable traps, filters, drip pans, and other devices in order to prevent oil and other foreign material from being deposited on the surface. Deck drains shall be temporarily plugged before the bridge deck concrete sealer is applied to control run off. The material used to plug the drains shall be removed and disposed of upon the completion of the sealing treatment. Existing pavement markings shall be temporarily covered prior to the application of the bridge deck concrete sealer. The temporary covering material used shall be such that it will not affect the marking's retroreflectivity when removed. After application of the bridge deck concrete sealer and prior to opening to traffic, all temporary coverings shall be removed. For new concrete, sealing shall be performed after all grinding and/or saw cut grooving is completed and before the deck is marked and open to traffic. The concrete surface moisture condition state shall be dry. Pavement moisture shall be checked by the following procedure. Tape the edges of a square foot of plastic to the pavement surface. Allow the plastic to stand for 15 minutes. After 15 minutes, observe the plastic for drops of moisture. If moisture is present and the drop sizes are larger than a pencil eraser, the pavement moisture is too high and bridge deck concrete sealer shall not be applied. Do not apply when inclement weather is anticipated within 12 hours. Bridge deck surfaces shall be flooded using a distribution sprayer, roller, brush or broom. Distribution sprayers shall include a skirting system to control overspray. Material shall be brushed or squeegeed for even distribution. When two applications are required, let the 35 surface absorb the sealer and follow-up immediately with a second application before the surface dries; wet on wet method. Redistribute any puddles or free standing material. The bridge deck concrete sealer shall be applied according to the manufacturer's instructions, an d information provided on the approved list of concrete sealers. The final total coverage rate shall not exceed 400 sq.ft./gal. Traffic will be allowed on the deck only after a treated area does not track. Method of Measurement: The quantity shall be the actual coverage area in Square Foot of surfaces treated and shall include all surface preparation, material, and application costs. Basis of Payment: Payment for completed work shall be made at the contract unit price per Square Foot for BRIDGE DECK CONCRETE SEALER. 36 POLYMER MODIFIED PORTLAND CEMENT MORTAR Effective: June 7, 1994 Revised: April 1, 2016 Description. This work shall consist of furnishing all materials and labor required to remove and dispose of deteriorated concrete, and replace it with a polymer modified portland cement mortar at those locations shown on the plans or designated by the Engineer. The use of this mortar is intended to repair spalls between 3/8 in. (10 mm) and 2 in. ( 50 mm) deep on horizontal, vertical, and overhead surfaces. Materials. Materials shall be according to the following. Item Article/Section (a) Polymer Modified Portland Cement Concrete (Note 1) (b) Reinforcement Bars 1006.10 (c) Water 1002 (d) Cotton Mats 1022.02 (e) Protective Coat 1023 (f) Epoxy (Note2) 1025 (g) Mechanical Bar Splicers 508.08(c) Note 1. Polymer modified portland cement mortar shall be a packaged product consisting of portland cement, fine aggregate, and a polymer modifier. (1) The portland cement shall be according to Article 1001.01 (2) The fine aggregate shall be an FA 1 or FA 2, according to Articles 1003.01 and 1003.02. (3) The polymer modified portland cement mortar shall meet the following physical requirements: a. The mortar shall be a workable mix capable of bonding and holding its own plastic weight, when mixed and placed according to manufacturer instructions, on vertical and overhead surfaces. The testing shall be according to Illinois Laboratory Test Procedure "Evaluation of Vertical and Overhead Adhesion for Polymer Modified Portland Cement Mortar'. b. The mortar shall have a minimum compressive strength of 1,500 psi (10,300 kPa) at 24 hours, 3,000 psi (20,700 kPa) at 3 days, and 5,000 psi (34,500 kPa) at 28 days; according to ASTM C 109. c. The mortar shall have a minimum bond strength of 2,000 psi (13,800 kPa) at 28 days, according to the Illinois Laboratory Test Procedure "Evaluation of Bond Strength by Slant Shear'. 37 d. The mortar shall have a water soluble chloride ion content of less than 0.40 Ib/cu yd (0.24 kg/cu m). The test shall be performed according to ASTM C 1218, and the mortar shall have an age of 28 to 42 days at the time of test. The ASTM C 1218 test shall be performed by an independent lab a minimum of once every two years, and the test results shall be provided to the Department. The Department will maintain an Approved List of Polymer Modified Portland Cement Mortar. Note 2. In addition ASTM C 881, Type IV, Grade 2 or 3, Class A, B, or C may be used. Equipment. Equipment shall be according to Article 503.03 and the following (a) Chipping Hammer — The chipping hammer for removing concrete shall be a light-duty pneumatic or electric tool with a 15 Ib (7 kg) class or less. (b) Blast Cleaning Equipment — Blast Cleaning equipment for concrete surface preparation shall be the abrasive type, and the equipment shall have oil traps. (c) Hydrodemolition Equipment — Hydrodemolition equipment for removing concrete shall be calibrated, and shall use water according to Section 1002. Concrete Removal. The Contractor shall provide ladders or other appropriate equipment for the Engineer to mark the removal areas. Repair configurations will be kept simple, and squared corners will be preferred. The repair perimeter shall be sawed a depth of 3/8 in. (10 mm) or less, as required to avoid cutting the reinforcement. If the concrete is broken or removed beyond the limits of the initial saw cut, the new repair perimeter shall be recut. The areas to be repaired shall have all loose, unsound concrete removed completely by the use of chipping hammers, hydrodemolition equipment, or other methods approved by the Engineer. The concrete removal shall extend along the reinforcement bar until the reinforcement is free of bond inhibiting corrosion. The outermost layer of reinforcement bar within the repair area shall be undercut to a depth of 3/4 in. (19 mm) or the diameter of the reinforcement bar, whichever value is larger. The underlying transverse reinforcement bar shall also be undercut as previously described, unless the reinforcement is not corroded, and the reinforcement bar is encased and well bonded to the surrounding concrete. If sound concrete is encountered before existing reinforcement bars are exposed, further removal of concrete shall not be performed unless the minimum repair depth is not met. The repair depth shall be a minimum of 3/8 in. (10 mm) and a maximum of 2 in. (50 mm). The substrate profile shall be ± 1/16 in. (± 1.5 mm). The perimeter of the repair area shall have a vertical face. If a repair is located at the ground line, any excavation required below the ground line to complete the repair shall be included in this work. The Contractor shall have a maximum of 14 calendar days to complete each repair location with mortar, once concrete removal has started for the repair. 38 Surface Preparation. Prior to placing the mortar, the Contractor shall prepare the repair area and exposed reinforcement by blast cleaning. The blast cleaning shall provide a surface that is free of oil, dirt, and loose material. The repair area and perimeter vertical face shall have a rough surface. Care shall be taken to ensure the perimeter sawcut is roughened. Just prior to mortar placement, saturate the repair area with water to a saturated surface -dry condition. Any standing water shall be removed. Mortar placement shall be done within 3 calendar days of the surface preparation or the repair area shall be prepared again. Reinforcement. Exposed reinforcement bars shall be cleaned of concrete and corrosion by blast cleaning. After cleaning, all exposed reinforcement shall be carefully evaluated to determine if replacement or additional reinforcement bars are required. Reinforcing bars that have been cut or have lost 25 percent or more of their original cross sectional area shall be supplemented by new in kind reinforcement bars. New bars shall be lapped a minimum of 32 bar diameters to existing bars. A mechanical bar splicer shall be used when it is not feasible to provide the minimum bar lap. No welding of bars shall be performed. Intersecting reinforcement bars shall be tightly secured to each other using 0.006 in. (1.6 mm) or heavier gauge tie wire, and shall be adequately supported to minimize movement during mortar placement. For reinforcement bar locations with less than 0.75 in. (19 mm) of cover, protective coat shall be applied to the completed repair. The application of the protective coat shall be according to Article 503.19. Placement. Mix and place the polymer modified portland cement mortar according to the manufacturer's instructions. The mortar shall be placed and finished to the contours of the member, as originally constructed. The mortar shall not be placed when the air temperature is below 45 OF (7 °C) and falling or below 40 OF (4 °C). Mortar shall not be placed when the air temperature is greater than 90 OF (32 °C). The mortar shall have a minimum temperature of 50 OF (10 °C) and a maximum temperature of 90 OF (32 °C). The mortar shall not be applied during periods of rain unless protective covers or enclosures are installed. The mortar shall not be applied when frost is present on the surface of the repair area, or the surface temperature of the repair area is less than 40 OF (4 °C). Curing. Cotton mats shall be applied, according to Article 1020.13(a)(5), to the exposed layer of mortar within 10 minutes after finishing, and wet curing shall begin immediately. Curing shall be for a minimum of 3 days. If temperatures below 45°F (7°C) are forecast during the curing period, protection methods shall be used. Protection Method I according to Article 1020.13(d)(1), or Protection Method II according to Article 1020.13(d)(2) shall be used during the curing period. Inspection of Completed Work. The Contractor shall provide ladders or other appropriate 39 equipment for the Engineer to inspect the repaired areas. After curing but no sooner than 28 days after placement of the mortar, the repair shall be examined for conformance with original dimensions, cracks, and delaminations. Sounding for delaminations will be done with a hammer or by other methods determined by the Engineer. The repaired area shall be removed and replaced, as determined by the Engineer, for nonconformance with original dimensions, surface cracks greater than 0.01 in. (0.25 mm) in width, map cracking with a crack spacing in any direction of 18 in. (450 mm) or less, or delaminations. If the repair is allowed to remain in place, cracks 0.01 in. (0.25 mm) or less shall be repaired with epoxy according to Section 590. For cracks less than 0.007 in. (2 mm), the epoxy may be applied to the surface of the crack. Method of Measurement. Polymer modified portland cement mortar shall be measured for payment in place, and the area computed in square feet (square meters). Basis of Payment. This work will be paid for at the contract unit price, per square foot (square meter) for POLYMER MODIFIED PORTLAND CEMENT MORTAR. The furnishing and installation of supplemental reinforcement bars, mechanical bar splicers, and protective coat will be paid according to Article 109.04. 40 STRUCTURAL REPAIR OF CONCRETE Effective: March 15, 2006 Revised: April 1, 2016 Description. This work shall consist of structurally repairing concrete. Materials. Materials shall be according to the following. Item Article/Sectio n (a) Portland Cement Concrete (Note 1)............................................................................ 1020 (b) R1 or R2 Concrete (Note 2) (c) Normal Weight Concrete (Notes 3 and 4) (d) Shotcrete (High Performance) (Notes 5 and 6) (e) Reinforcement Bars...............................................................................................1006.10 (f) Anchor Bolts...........................................................................................................1006.09 (9) Water...........................................................................................................................1002 (h) Curing Compound..................................................................................................1022.01 (i) Cotton Mats............................................................................................................1022.02 U) Protective Coat.......................................................................................................1023.01 (k) Epoxy (Note 7)............................................................................................................1025 (1) Mechanical Bar Splicers .................................................................................... 508.06(c) Note 1. The concrete shall be Class SI, except the cement factor shall be a minimum 6.65 cwt/cu yd (395 kg/cu m), the coarse aggregate shall be a CA 16, and the strength shall be a minimum 4000 psi (27,500 kPa) compressive or 675 psi (4650 kPa) flexural at 14 days. A high range water -reducing admixture shall be used to obtain a 5-7 in. (125-175 mm) slump, but a cement factor reduction according to Article 1020.05(b)(8) is prohibited. A self -consolidating concrete mixture is also acceptable per Article 1020.04, except the mix design requirements of this note regarding the cement factor, coarse aggregate, strength, and cement factor reduction shall apply. Note 2. The R1 or R2 concrete shall be from the Department's approved list of Packaged, Dry, Rapid Hardening, Cementitious Materials for Concrete Repairs. The R1 or R2 concrete shall comply with the air content and strength requirements for Class SI concrete as indicated in Note 1. Mixing shall be per the manufacturer's recommendations, except the water/cement ratio shall not exceed the value specified for Class SI concrete as indicated in Note 1. A high range water -reducing admixture shall be used to obtain a 5-7 in. (125-175 mm) slump, and a retarder may be required to allow time to perform the required field tests. The admixtures shall be per the manufacturer's recommendation, and the Department's approved list of Concrete Admixtures shall not apply. Note 3. The "high slump" packaged concrete mixture shall be from the Department's approved list of Packaged, Dry, Formed, Concrete Repair Mixtures. The materials and preparation of aggregate shall be according to ASTM C 387. The cement 41 factor shall be 6.65 cwt/cu yd (395 kg/cu m) minimum to 7.05 cwt/cu yd (418 kg/cu m) maximum. Cement replacement with fly ash or ground granulated blast - furnace slag shall be according to Section 1020. The "high slump" packaged concrete mixture shall have a water soluble chloride ion content of less than 0.40 Ib/cu yd (0.24 kg/cu m). The test shall be performed according to ASTM C 1218, and the "high slump" packaged concrete mixture shall have an age of 28 to 42 days at the time of test. The ASTM C 1218 test shall be performed by an independent lab a minimum of once every two years, and the test results shall be provided to the Department. The coarse aggregate shall be a maximum size of 1/2 in. (12.5 mm). The packaged concrete mixture shall comply with the air content and strength requirements for Class SI concrete as indicated in Note 1. Mixing shall be per the manufacturer's recommendations, except the water/cement ratio shall not exceed the value specified for Class SI concrete as indicated in Note 1. A high range water -reducing admixture shall be used to obtain a 5-7 in. (125-175 mm) slump. The admixture shall be per the manufacturer's recommendation, and the Department's approved list of Concrete Admixtures shall not apply. A maximum slump of 10 in. (250 mm) may be permitted if no segregation is observed by the Engineer in a laboratory or field evaluation. Note 4 The "self -consolidating concrete" packaged concrete mixture shall be from the Department's approved list of Packaged, Dry, Formed, Concrete Repair Mixtures. The materials and preparation of aggregate shall be according to ASTM C 387. The cement factor shall be 6.65 cwt/cu yd (395 kg/cu m) minimum to 7.05 cwt/cu yd (418 kg/cu m) maximum. Cement replacement with fly ash or ground granulated blast -furnace slag shall be according to Section 1020. The "self- consolidating concrete" packaged concrete mixture shall have a water soluble chloride ion content of less than 0.40 Ib/cu yd (0.24 kg/cu m). The test shall be performed according to ASTM C 1218, and the "self - consolidating concrete" packaged concrete mixture shall have an age of 28 to 42 days at the time of test. The ASTM C 1218 test shall be performed by an independent lab a minimum of once every two years, and the test results shall be provided to the Department. The concrete mixture should be uniformly graded, and the coarse aggregate shall be a maximum size of 1/2 in. (12.5 mm). The fine aggregate proportion shall be a maximum 50 percent by weight (mass) of the total aggregate used. The packaged concrete mixture shall comply with the air content and strength requirements for Class SI concrete as indicated in Note 1. Mixing shall be per the manufacturer's recommendations, except the water/cement ratio shall not exceed the value specified for Class SI concrete as indicated in Note 1. The admixtures used to produce self - consolidating concrete shall be per the manufacturer's recommendation, and the Department's approved list of Concrete Admixtures shall not apply. The packaged concrete mixture shall meet the self -consolidating requirements of Article 1020.04. Note 5. Packaged shotcrete that includes aggregate shall be from the Department's approved list of Packaged High Performance Shotcrete, and independent 42 laboratory test results showing the product meets Department specifications will be required. The product shall be a packaged, pre -blended, and dry combination of materials, for the wet -mix shotcrete method according to ASTM C 1480. A non- chloride accelerator may be used according to the shotcrete manufacturer's recommendations. The shotcrete shall be Type FA or CA, Grade FR, and Class I. The fibers shall be Type III synthetic according to ASTM C 1116. The packaged shotcrete shall have a water soluble chloride ion content of less than 0.40 Ib/cu yd (0.24 kg/cu m). The test shall be performed according to ASTM C 1218, and the hardened shotcrete shall have an age of 28 to 42 days at the time of test. The ASTM C 1218 test shall be performed by an independent lab a minimum of once every two years, and the test results shall be provided to the Department. Each individual aggregate used in the packaged shotcrete shall have either a maximum ASTM C 1260 expansion of 0.16 percent or a maximum ASTM C 1293 expansion of 0.040 percent. However, the ASTM C 1260 value may be increased to 0.27 percent for each individual aggregate if the cement total equivalent alkali content (Na2O + 0.658K2O) does not exceed 0.60 percent. As an alternative to these requirements, ASTM C 1567 testing which shows the packaged shotcrete has a maximum expansion of 0.16 percent may be submitted. The ASTM C 1260, C 1293, or C 1567 test shall be performed a minimum of once every two years. The 7 and 28 day compressive strength requirements in ASTM C 1480 shall not apply. Instead the shotcrete shall obtain a minimum compressive strength of 4000 psi (27,500 kPa) at 14 days. The packaged shotcrete shall be limited to the following proportions: The portland cement and finely divided minerals shall be 6.05 cwt/cu yd (360 kg/cu m) to 8.50 cwt/cu yd (505 kg/cu m) for Type FA and 6.05 cwt/cu yd (360 kg/cu. m) to 7.50 cwt/cu yd (445 kg/cu m) for Type CA. The portland cement shall not be below 4.70 cwt/cu yd (279 kg/cu m) for Type FA or CA. The finely divided mineral(s) shall constitute a maximum of 35 percent of the total cement plus finely divided mineral(s). Class F fly ash is optional and the maximum shall be 20 percent by weight (mass) of cement. Class C fly ash is optional and the maximum shall be 25 percent by weight (mass) of cement. Ground granulated blast -furnace slag is optional and the maximum shall be 30 percent by weight (mass) of cement. 43 Microsilica is required and shall be a minimum of 5 percent by weight (mass) of cement, and a maximum of 10 percent. As an alternative to microsilica, high- reactivity metakaolin may be used at a minimum of 5 percent by weight (mass) of cement, and a maximum of 10 percent. Fly ash shall not be used in combination with ground granulated blast -furnace slag. Class F fly ash shall not be used in combination with Class C fly ash. Microsilica shall not be used in combination with high -reactivity metakaolin. A finely divided mineral shall not be used in combination with a blended hydraulic cement, except for microsilica or high -reactivity metakaolin. The water/cement ratio as defined in Article 1020.06 shall be a maximum of 0.42. The air content as shot shall be 4.0 — 8.0 percent. Note 6 Packaged shotcrete that does not include pre -blended aggregate shall be from the Department's approved list of Packaged High Performance Shotcrete, and independent laboratory test results showing the product meets Department specifications will be required. The shotcrete shall be according to Note 5, except the added aggregate shall be according to Articles 1003.02 and 1004.02 in addition to each individual aggregate meeting the maximum expansion requirements of Note 5. The aggregate gradation shall be according to the manufacturer. The shotcrete shall be batched and mixed with added aggregate according to the manufacturer. Note 7. In addition ASTM C 881, Type IV, Grade 2 or 3, Class A, B, or C may be used. Equipment. Equipment shall be according to Article 503.03 and the following Chipping Hammer — The chipping hammer for removing concrete shall be a light-duty pneumatic or electric tool with a 15 Ib. (7 kg) maximum class or less. Blast Cleaning Equipment — Blast cleaning equipment for concrete surface preparation shall be the abrasive type, and the equipment shall have oil traps. Hydrodemolition Equipment — Hydrodemolition equipment for removing concrete shall be calibrated, and shall use water according to Section 1002. High Performance Shotcrete Equipment — The batching, mixing, pumping, hose, nozzle, and auxiliary equipment shall be for the wet -mix shotcrete method, and shall meet the requirements of ACI 506R. Construction Requirements General. The repair methods shall be either formed concrete repair or shotcrete. The repair method shall be selected by the Contractor with the following rules. (a) Rule 1. For formed concrete repair, a subsequent patch to repair the placement point after initial concrete placement will not be allowed. As an example, this may 44 occur in a vertical location located at the top of the repair. (b) Rule 2. Formed concrete repair shall not be used for overhead applications. (c) Rule 3. If formed concrete repair is used for locations that have reinforcement with less than 0.75 in. (19 mm) of concrete cover, the concrete mixture shall contain fly ash or ground granulated blast -furnace slag at the maximum cement replacement allowed. (d) Rule 4. Shotcrete shall not be used for any repair greater than 6 in. (150 mm) in depth, except in horizontal applications, where the shotcrete may be placed from above in one lift. (e) Rule 5. Shotcrete shall not be used for column repairs greater than 4 in. (100 mm) in depth, unless the shotcrete mixture contains 3/8 in. (9.5 mm) aggregate. Temporary Shoring or Cribbing. When a temporary shoring or cribbing support system is required, the Contractor shall provide details and computations, prepared and sealed by an Illinois licensed Structural Engineer, to the Department for review and approval. When ever possible the support system shall be installed prior to starting the associated concrete removal. If no system is specified, but during the course of removal the need for temporary shoring or cribbing becomes apparent or is directed by the Engineer due to a structural concern, the Contractor shall not proceed with any further removal work until an appropriate and approved support system is installed. Concrete Removal. The Contractor shall provide ladders or other appropriate equipment for the Engineer to mark the removal areas. Repair configurations will be kept simple, and squared corners will be preferred. The repair perimeter shall be sawed a depth of 1/2 in. (13 mm) or less, as required to avoid cutting the reinforcement. Any cut reinforcement shall be repaired or replaced at the expense of the Contractor. If the concrete is broken or removed beyond the limits of the initial saw cut, the new repair perimeter shall be recut. The areas to be repaired shall have all loose, unsound concrete removed completely by the use of chipping hammers, hydrodemolition equipment, or other methods approved by the Engineer. The concrete removal shall extend along the reinforcement bar until the reinforcement is free of bond inhibiting corrosion. Reinforcement bar with 50 percent or more exposed shall be undercut to a depth of 3/4 in. (19 mm) or the diameter of the reinforcement bar, whichever is greater. If sound concrete is encountered before existing reinforcement bars are exposed, further removal of concrete shall not be performed unless the minimum repair depth is not met. The repair depth shall be a minimum of 1 in. (25 mm). The substrate profile shall be ± 1/16 in. (± 1.5 mm). The perimeter of the repair area shall have a vertical face. If a repair is located at the ground line, any excavation required below the ground line to complete the repair shall be included in this work. 45 The Contractor shall have a maximum of 14 calendar days to complete each repair location with concrete or shotcrete, once concrete removal has started for the repair. The Engineer shall be notified of concrete removal that exceeds 6 in. (150 mm) in depth, one fourth the cross section of a structural member, more than half the vertical column reinforcement is exposed in a cross section, more than 6 consecutive reinforcement bars are exposed in any direction, within 1.5 in. (38 mm) of a bearing area, or other structural concern. Excessive deterioration or removal may require further evaluation of the structure or installation of temporary shoring and cribbing support system. Surface Preparation. Prior to placing the concrete or shotcrete, the Contractor shall prepare the repair area and exposed reinforcement by blast cleaning. The blast cleaning shall provide a surface that is free of oil, dirt, and loose material. If a succeeding layer of shotcrete is to be applied, the initial shotcrete surface and remaining exposed reinforcement shall be free of curing compound, oil, dirt, loose material, rebound (i.e. shotcrete material leaner than the original mixture which ricochets off the receiving surface), and overspray. Preparation may be by lightly brushing or blast cleaning if the previous shotcrete surface is less than 36 hours old. If more than 36 hours old, the surface shall be prepared by blast cleaning. The repair area and perimeter vertical face shall have a rough surface. Care shall be taken to ensure the sawcut face is roughened by blast cleaning. Just prior to concrete or shotcrete placement, saturate the repair area with water to a saturated surface -dry condition. Any standing water shall be removed. Concrete or shotcrete placement shall be done within 3 calendar days of the surface preparation or the repair area shall be prepared again. Reinforcement. Exposed reinforcement bars shall be cleaned of concrete and corrosion by blast cleaning. After cleaning, all exposed reinforcement shall be carefully evaluated to determine if replacement or additional reinforcement bars are required. Reinforcing bars that have been cut or have lost 25 percent or more of their original cross sectional area shall be supplemented by new in kind reinforcement bars. New bars shall be lapped a minimum of 32 bar diameters to existing bars. A mechanical bar splicer shall be used when it is not feasible to provide the minimum bar lap. No welding of bars shall be performed. Intersecting reinforcement bars shall be tightly secured to each other using 0.006 in. (1.6 46 mm) or heavier gauge tie wire, and shall be adequately supported to minimize movement during concrete placement or application of shotcrete. For reinforcement bar locations with less than 0.75 in. (19 mm) of cover, protective coat shall be applied to the completed repair. The application of the protective coat shall be according to Article 503.19, 2nd paragraph, except blast cleaning shall be performed to remove curing compound. The Contractor shall anchor the new concrete to the existing concrete with 3/4 in. (19 mm) diameter hook bolts for all repair areas where the depth of concrete removal is greater than 8 in. (205 mm) and there is no existing reinforcement extending into the repair area. The hook bolts shall be spaced at 15 in. (380 mm) maximum centers both vertically and horizontally, and shall be a minimum of 12 in. (305 mm) away from the perimeter of the repair. The hook bolts shall be installed according to Section 584. Repair Methods. All repair areas shall be inspected and approved by the Engineer prior to placement of the concrete or application of the shotcrete. (a) Formed Concrete Repair. Falsework shall be according to Article 503.05. Forms shall be according to Article 503.06. Formwork shall provide a smooth and uniform concrete finish, and shall approximately match the existing concrete structure. Formwork shall be mortar tight and closely fitted where they adjoin the existing concrete surface to prevent leakage. Air vents may be provided to reduce voids and improve surface appearance. The Contractor may use exterior mechanical vibration, as approved by the Engineer, to release air pockets that may be entrapped. The concrete for formed concrete repair shall be a Class SI Concrete, or a packaged R1 or R2 Concrete with coarse aggregate added, or a packaged Normal Weight Concrete at the Contractor's option. The concrete shall be placed and consolidated according to Article 503.07. The concrete shall not be placed when frost is present on the surface of the repair area, or the surface temperature of the repair area is less than 40 OF (4 °C). All repaired members shall be restored as close as practicable to their original dimensions. Curing shall be done according to Article 1020.13. If temperatures below 45°F (7°C) are forecast during the curing period, protection methods shall be used. Protection Method I according to Article 1020.13(d)(1), or Protection Method II according to Article 1020.13(d)(2) shall be used during the curing period. The surfaces of the completed repair shall be finished according to Article 503.15. (b) Shotcrete. Shotcrete shall be tested by the Engineer for air content according to Illinois Modified AASHTO T 152. The sample shall be obtained from the discharge end of the nozzle by shooting a pile large enough to scoop a representative amount 47 for filling the air meter measuring bowl. Shotcrete shall not be shot directly into the measuring bowl for testing. For compressive strength of shotcrete, a 18 x 18 x 3.5 in. (457 x 457 x 89 mm) test panel shall be shot by the Contractor for testing by the Engineer. A steel form test panel shall have a minimum thickness of 3/16 in. (5 mm) for the bottom and sides. A wood form test panel shall have a minimum 3/4 in. (19 mm) thick bottom, and a minimum 1.5 in. (38 mm) thickness for the sides. The test panel shall be cured according to Article 1020.13 (a) (3) or (5) while stored at the jobsite and during delivery to the laboratory. After delivery to the laboratory for testing, curing and testing shall be according to ASTM C 1140. The method of alignment control (i.e. ground wires, guide strips, depth gages, depth probes, and formwork) to ensure the specified shotcrete thickness and reinforcing bar cover is obtained shall be according to ACI 506R. Ground wires shall be removed after completion of cutting operations. Guide strips and formwork shall be of dimensions and a configuration that do not prevent proper application of shotcrete. Metal depth gauges shall be cut 1/4 in. (6 mm) below the finished surface. All repaired members shall be restored as close as practicable to their original dimensions. For air temperature limits when applying shotcrete in cold weather, the first paragraph of Article 1020.14(b) shall apply. For hot weather, shotcrete shall not be applied when the air temperature is greater than 90°F (320C). The applied shotcrete shall have a minimum temperature of 50°F (10°C) and a maximum temperature of 90°F (320C). The shotcrete shall not be applied during periods of rain unless protective covers or enclosures are installed. The shotcrete shall not be applied when frost is present on the surface of the repair area, or the surface temperature of the repair area is less than 40°F (40C). If necessary, lighting shall be provided to provide a clear view of the shooting area. The shotcrete shall be applied according to ACI 506R, and shall be done in a manner that does not result in cold joints, laminations, sandy areas, voids, sags, or separations. In addition, the shotcrete shall be applied in a manner that results in maximum densification of the shotcrete. Shotcrete which is identified as being unacceptable while still plastic shall be removed and re-applied. The nozzle shall normally be at a distance of 2 to 5 ft. (0.6 to 1.5 m) from the receiving surface, and shall be oriented at right angles to the receiving surface. Exceptions to this requirement will be permitted to fill corners, encase large diameter reinforcing bars, or as approved by the Engineer. For any exception, the nozzle shall never be oriented more than 45 degrees from the surface. Care shall be taken to keep the front face of the reinforcement bar clean during shooting operations. Shotcrete shall be built up from behind the reinforcement bar. Accumulations of rebound and overspray shall be continuously removed prior to application of new shotcrete. Rebound material shall not be incorporated in the work. Whenever possible, shotcrete shall be applied to the full thickness in a single layer. The maximum thickness shall be according to Rules 4 and 5 under Construction Requirements, General. When two or more layers are required, the minimum 48 number shall be used and shall be done in a manner without sagging or separation. A flash coat (i.e. a thin layer of up to 1/4 in. (6 mm) applied shotcrete) may be used as the final lift for overhead applications. Prior to application of a succeeding layer of shotcrete, the initial layer of shotcrete shall be prepared according to the surface preparation and reinforcement bar cleaning requirements. Upon completion of the surface preparation and reinforcement bar treatment, water shall be applied according to the surface preparation requirements unless the surface is moist. The second layer of shotcrete shall then be applied within 30 minutes. Shotcrete shall be cut back to line and grade using trowels, cutting rods, screeds or other suitable devices. The shotcrete shall be allowed to stiffen sufficiently before cutting. Cutting shall not cause cracks or delaminations in the shotcrete. For depressions, cut material may be used for small areas. Rebound material shall not be incorporated in the work. For the final finish, a wood float shall be used to approximately match the existing concrete texture. A manufacturer approved finishing aid may be used. Water shall not be used as a finishing aid. All repaired members shall be restored as close as practicable to their original dimensions. Contractor operations for curing shall be continuous with shotcrete placement and finishing operations. Curing shall be accomplished using wetted cotton mats, membrane curing, or a combination of both. Cotton mats shall be applied according to Article 1020.13(a)(5) except the exposed layer of shotcrete shall be covered within 10 minutes after finishing, and wet curing shall begin immediately. Curing compound shall be applied according to Article 1020.13(a)(4), except the curing compound shall be applied as soon as the shotcrete has hardened sufficiently to prevent marring the surface, and each of the two separate applications shall be applied in opposite directions to ensure coverage. The curing compound shall be according to Article 1022.01. Note 5 of the Index Table in Article 1020.13 shall apply to the membrane curing method. When a shotcrete layer is to be covered by a succeeding shotcrete layer within 36 hours, the repair area shall be protected with intermittent hand fogging, or wet curing with either burlap or cotton mats shall begin within 10 minutes. Intermittent hand fogging may be used only for the first hour. Thereafter, wet curing with burlap or cotton mats shall be used until the succeeding shotcrete layer is applied. Intermittent hand fogging may be extended to the first hour and a half if the succeeding shotcrete layer is applied by the end of this time. The curing period shall be for 7 days, except when there is a succeeding layer of shotcrete. In this instance, the initial shotcrete layer shall be cured until the surface preparation and reinforcement bar treatment is started. If temperatures below 45°F (7°C) are forecast during the curing period, protection methods shall be used. Protection Method I according to Article 1020.13(d)(1), or Protection Method II according to Article 1020.13(d)(2) shall be used during the curing period 49 Inspection of Completed Work. The Contractor shall provide ladders or other appropriate equipment for the Engineer to inspect the repaired areas. After curing but no sooner than 28 days after placement of concrete or shooting of shotcrete, the repair shall be examined for conformance with original dimensions, cracks, voids, and delaminations. Sounding for delaminations will be done with a hammer or by other methods determined by the Engineer. The acceptable tolerance for conformance of a repaired area shall be within 1/4 in. (6 mm) of the original dimensions. A repaired area not in dimensional conformance or with delaminations shall be removed and replaced. A repaired area with cracks or voids shall be considered as nonconforming. Exceeding one or more of the following crack and void criteria shall be cause for removal and replacement of a repaired area. 1. The presence of a single surface crack greater than 0.01 in. (0.25 mm) in width and greater than 12 in. (300 mm) in length. 2. The presence of two or more surface cracks greater than 0.01 in. (0.25 mm) in width that total greater than 24 in. (600 mm) in length. 3. The presence of map cracking in one or more regions totaling 15 percent or more of the gross surface area of the repair. 4. The presence of two or more surface voids with least dimension 3/4 in. (19 mm) each A repaired area with cracks or voids that do not exceed any of the above criteria may remain in place, as determined by the Engineer. If a nonconforming repair is allowed to remain in place, cracks greater than 0.007 in. (0.2 mm) in width shall be repaired with epoxy according to Section 590. For cracks less than or equal to 0.007 in. (0.2 mm) in width, the epoxy may be applied to the surface of the crack. Voids shall be repaired according to Article 503.15. Publications and Personnel Requirements. The Contractor shall provide a current copy of ACI 506R to the Engineer a minimum of one week prior to start of construction. The shotcrete personnel who perform the work shall have current American Concrete Institute (ACI) nozzlemen certification for vertical wet and overhead wet applications, except one individual may be in training. This individual shall be adequately supervised by a certified ACI nozzlemen as determined by the Engineer. A copy of the nozzlemen certificate(s) shall be given to the Engineer. Method of Measurement. This work will be measured for payment in place and the area computed in square feet (square meters). For a repair at a corner, both sides will be measured. Basis of Payment. This work will be paid for at the contract unit price per square foot (square meter) for STRUCTURAL REPAIR OF CONCRETE (DEPTH GREATER THAN 5 IN. (125 MM), STRUCTURAL REPAIR OF CONCRETE (DEPTH EQUAL TO OR LESS THAN 5 IN. (125 MM). 50 When not specified to be paid for elsewhere, the work to design, install, and remove the temporary shoring and cribbing will be paid for according to Article 109.04. With the exception of reinforcement damaged by the Contractor during removal, the furnishing and installation of supplemental reinforcement bars, mechanical bar splicers, hook bolts, and protective coat will be paid according to Article 109.04. 51 Bid Form Page 1 BID FORM Bridge Repair See Gwun Avenue Over Weller Creek Village of Mount Prospect Department of Public Works FROM: (hereinafter called "Bidder") TO: Office of the Village Manager, 3rd Floor 50 South Emerson Street Mount Prospect, Illinois 60056 (hereinafter called "Village" or "Village of Mount Prospect") Bid For: "Bridge Repair See Gwun Avenue Over Weller Creek" The bidders have familiarized themselves with the work and probable work conditions required under this Bid affecting the cost of the work and with the Bid Documents which include: Notice to Bidders Table of Contents Instructions for Bidders General Conditions and Special Provisions Specifications Bid Form Affidavit — Bid Certification Form Bid Security Bid Sheet — Bridge Repair See Gwun Avenue over Weller Creek Contract Document Labor and Materials Payment bond form Performance Bond Form Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel, labor, materials, tools appurtenances, equipment, and services (including all utility and transportation services) required to construct and complete the Work, all in accordance with the above listed documents. Bidder agrees to perform all of the Work and provide the equipment and materials described in the Bid Documents, as follows: 52 Bid Form Page 2 Bidder has bid on all items and has provided a price for all items. The Bidder will complete and provide all labor, equipment, materials and mobilization (if applicable) to perform the Work as incidental to the fixed item price for each item proposed. In submitting this bid, the Bidder understands that the Village of Mount Prospect reserves the right to add to or subtract from the estimated quantities. The Village of Mount Prospect intends to award one (1) contract (if at all) for the items bid. If written notice of award of this bid is mailed, emailed or otherwise delivered to the Bidder at any time before this bid is withdrawn, the Bidder agrees to execute and deliver the contract in the prescribed form and furnish payment and performance bonds, or letter of credit, and the insurance certificates required by the Bid Documents to the Village within ten (10) days after receipt. The Bidder, and as successful bidder/Contractor upon award of the Contract understands and agrees to the following: 1) The Contractor agrees to provide all Work and items and material to the Village as noted in the Bid Documents and comply with the requirements of the Bid Documents. 2) The Contractor agrees to comply with all applicable state and federal laws, rules and regulations, and county and municipal ordinances, as described in the General Conditions. All Addenda pertaining to this project shall be acknowledged by the Bidder in the spaces provided below: Addendum No. Addendum Date Acknowledgement by Bidder or Authorized Representative Date Acknowledged Failure to acknowledge receipt, as provided above, may be considered sufficient grounds for disqualification of the bidder and rejection of his/her bid submittal. A record of all Addenda and copies of same will be available to all qualified bidders from the Village of Mount Prospect Public Works Department, 1700 West Central Road, Mount Prospect, Illinois two (2) days prior to the letting. It shall be the bidder's responsibility to become fully advised of all Addenda prior to submitting its bid. 53 Bid Form Page 3 Upon award the contract the Village will send Notice of Award to the successful bidder, The bidder must then execute the contract and provide the required bonds or letter of credit and certificate of insurance to the Village within ten (10) days. The Village will then issue a written Notice to Proceed, which starts the performance period and the contractor then has ten (10) days to commence work. The contractor shall reach substantial completion by November 20, 2018 after the Notice to Proceed with final completion thirty (30) days thereafter. Failure to complete the work in the designated time frame may result in the Director of Public Works withholding compensation due the contractor for failure to complete the said work in the designated time frame, calling the bonds, or taking such other action as may be available. Security in the sum of ten (10%) percent of the amount bid in form of (check one): Bid Bond Certified Check Bank Cashier's Check is attached hereto in accordance with the "Instructions for Bidders". This Bid Submittal contains the following: 1) Bid Form 2) Affidavit — Bid Certification Form 3) Bid Security 3) BID SHEET(S) Respectfully submitted: Name of Firm/Bidder: By: — Title: Date: Contact Information: Official Address: Telephone: Email: (Signature) ONE (1) SIGNED COPY OF THIS BID FORM AND BID SHEET (Page 68-69) ALONG WITH THE AFFIDAVIT — BID CERTIFCATION FORM, AND BID SECURITY SHALL BE SUBMITTED IN A SEALED MARKED ENVELOPE. 54 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. 55 Page 2 - AFFIDAVIT — BID CERTIFICATION FORM Section IV Tax Payment The undersigned further states that is (Name of Company) not delinquent in payment of any taxes to the Illinois Department of Revenue, in accordance with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned understands that making a false statement regarding delinquency in taxes is a Class A Misdemeanor and, in addition voids the contract and allows the municipality to recover all amounts paid to the individual or entity under the contract in civil action. Section V Sexual Harassment Policy Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A), every party to a public contract must: "Have written sexual harassment policies that shall include, at a mini -mum, the following information: (1) the illegality of sexual harassment; (11) the definition of sexual harassment under State law; (111) a description of sexual harassment, utilizing examples; (IV) the vendor's internal complaint process including penalties; (V) the legal recourse, investigative and complaint process available through the Department (of Human Rights) and the Commission (Human Rights Commission); (VI) directions on how to contact the Department and Commission; and (VII) protection against retaliation as provided by Section 6-101 of the Act. (Illinois Human Rights Act)." A "public contract" includes: ... every contract to which the State, any of its political subdivisions or any municipal corporation is a party." 775 ILCS 5/1-103 (M) (2002), The undersigned further states that has (Name of Company) a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105 (A) (4). It is expressly understood the foregoing statements and representations and promises are made as a condition to the right of the bidder to receive payment under any award made under the terms and provisions of this bid. The undersigned certifies that all information contained in this Affidavit is true and correct. Signed by: Signature Name Printed: Title: Signed and sworn to before me this day of 20 My commission expires: Notary Public 56 BID SECURITY Included with this bid is a bank cashier's check, certified check or bid bond in the amount of being ten percent (10%) of the total amount bid by the Bidder, in favor of the Village of Mount Prospect. It is hereby agreed that, should Bidder be awarded the Work contemplated under this bid and fail or refuse to execute a contract for said Work, or to provide the required payment and performance bonds, or letter of credit, and certificate of insurance, then this security, in the amount stipulated above, shall be forfeited and may be retained by the Village of Mount Prospect as liquidated damages and not as a penalty. All bids to remain firm for a period of ninety (90) days after bid opening date. SUBMITTED THIS SEAL (if corporation) DAY OF , 2018. Bidder: Bidder's Agent and Agent's Title Title Note: If bidder is a partnership, the bid must be signed by at least two of the partners. Note: If bidder is a corporation, the bid must be signed by an authorized officer of the corporation, attested and sealed by the secretary or other authorized officer. If a corporation, note here the state of incorporation: Incorporated under the laws of the State of 57 BID SHEET "Bridge Repair See Gwun Avenue Over Weller Creek" (TO BE FILLED OUT BY THE CONTRACTOR/BIDDER) The Bidder will complete pricing for all items to provide all labor, equipment, materials and mobilization (if applicable) to perform this work. The fixed item price given is to be all inclusive. SUMMARY OF PRICES: CONTRACT PRICE (the sum of extensions of the Schedule of Prices —TOTAL BID): (In writing) (In figure) Dollars and Dollars and 58 (In writing) (In figure) Cents Cents DESCRIPTION UNIT QUANTITY NIT PITE TOTAL NOM RICE 1 POLYMER MODIFIED PORTLAND SQ FT 79 CEMENT MORTAR 2 BRIDGE DECK CONCRETE SEALER SQ FT 1208 STRUCTURAL REPAIR OF CONCRETE (DEPTH 3 EQUAL TO OR LESS THAN 5 INCHES) SQ FT 34 4 TRAFFIC CONTROL AND PROTECTION L SUM 1 (SPECIAL) 5 MOBILIZATION L SUM 1 TOTAL FOR ALL ITEMS SUMMARY OF PRICES: CONTRACT PRICE (the sum of extensions of the Schedule of Prices —TOTAL BID): (In writing) (In figure) Dollars and Dollars and 58 (In writing) (In figure) Cents Cents CONTRACT THIS Contract (hereinafter the "Contract") is entered into on this day of , 2018, by and between the VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation (hereinafter the "Village"), and , an (hereinafter the `Contractor") (Village and Contractor sometimes referred to individually as "Party" and collectively as "Parties"), WHEREAS, the Village has solicited competitive bids for its "Bridge Repair See Gwun Avenue Over Weller Creek"; and WHEREAS, the Contractor submitted a bid to perform the work associated with the Bridge Repair See Gwun Avenue Over Weller Creek(hereinafter the "Bid"); and WHEREAS, upon its review of the submitted bids, the Village has awarded the contract to perform the work associated with the Bridge Repair See Gwun Avenue Over Weller Creek to the Contractor, subject to the execution of this Contract; NOW, THEREFORE, for and in consideration of their mutual promises, covenants, undertakings and agreements, the parties agree as follows: ARTICLE I — CONTRACT DOCUMENTS This Contract is subject to the terms and conditions set forth in the Contract Documents, which are incorporated herein as if fully set forth, and include the following Bid Documents with Bidder's/Contractor's Bid Submittals prioritized to be included in number 6*: 1. Notice to Bidders 2. Table of Contents 3. Instructions to Bidders 4. General Conditions and Special Provisions 5. Specifications 6. Bid Submittals, including Bid Form, Affidavit — Bid Certification Form, Bid Security, Bid Sheet (*Bidder's/Contractor's completed Bid Submittals) 7. Other materials or standards provided or noted by the Village 8. Contract 9. Applicable performance and labor and materials payment bonds, or letter of credit. (Collectively the "Contact Documents") ARTICLE II — PERFORMANCE BY CONTRACTOR 1. The Contractor agrees to perform the work, including all labor, materials, equipment and services, in accordance with the terms and conditions set forth in the Contract Documents (hereinafter the "Work"). 2. The Contractor acknowledges that the Village reserves the right to add to or subtract from the estimated quantities. 59 3. The Contractor certifies that it will comply with all state and federal laws and regulations, and county and municipal ordinances, as set forth in the General Conditions. ARTICLE III — PERFORMANCE BY VILLAGE The Village agrees to pay the Contractor for its performance of the Work in the manner and amount provided in the Contract Documents. ARTICLE IV - CONFLICT BETWEEN CONTRACT DOCUMENTS In the event of a conflict between any Contract Document and the terms of this Contract, the Contract shall control to the extent of the conflict. In the event of any other conflict between Contract Documents, the preceding Document shall govern to the extent of the conflict based upon the order of priority set forth in Article I of this Contract, unless otherwise specifically stated. ARTICLE V — COMMENCEMENT AND COMPLETION OF WORK After the written Notice to Proceed is issued by the Village, which will start the performance period, the Contractor then has 10 days to commence work. The Contractor shall achieved substantial performance by November 20, 2018 after the Notice to Proceed has been issued with final performance thirty (30) days thereafter. The Contractor shall commence performance of the Work and complete performance of the Work, in accordance with the schedule set forth in the Contract Documents, but in no event shall any Work be performed prior to the Village's receipt of this Contract, executed by Contractor, and the Village's acceptance and approval of the payment and performance bonds, or letter of credit, and certificate of insurance required by the Contract Documents. ARTICLE V — NOTICE Unless otherwise provided, all notices required under this Contract shall be made in writing and addressed or delivered as follows: TO THE VILLAGE OF MOUNT PROSPECT - The Village of Mount Prospect 1700 West Central Road Mount Prospect, Illinois 60056 ATTN: Director of Public Works TO CONTRACTOR- at the address set forth on the Bid Form, or: Notices shall be deemed effective when received by personal service or registered or certified U.S. mail, postage prepaid and receipt requested, to the address so specified. Either Party may, by written notice to the other, change its own mailing address. ARTICLE VI — PRIOR AGREEMENTS; SUCCESSORS This Contract supersedes all previous agreements, understandings and representations 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 .6 Contractor shall not assign, sublet or transfer any rights or interest in this Agreement in whole or in part without the prior written approval of the Village, except to the extent that the Contract Documents provide otherwise. ARTICLE VII - DEFAULT BY CONTRACTOR If the Contractor fails to begin the Work under the Contract within the time specified, or fails to perform the Work in accordance with the terms of the approved schedule or performs the Work in a manner unacceptable to the Village, or neglects or refuses to remove materials or perform anew such Work as has been rejected by the Village, or if the Contractor shall become insolvent or be declared bankrupt, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall fail to carry on the Work in a manner required by the Contract, the Village shall give notice as hereinafter provided to the Contractor and its surety in writing specifying such failure, delay, neglect, refusal or default, and if the Contractor, within a period of ten (10) calendar days after the giving of such notice, shall not proceed in accordance therewith, then the Village shall have full power and authority to declare the this Contract and the Contractor in default, and to forfeit the rights of the Contractor in this Contract. Upon declaration of Contractor's default, the Village may, at its option, call upon the surety to complete the Work in accordance with the terms of this Contract or may take over the Work, including any materials on the Work site as may be suitable and acceptable to the Village and may complete the Work by its own forces or on its own account, or may enter into a new contract or contracts for the completion of the Work, or may use such other methods as shall be required for the completion of the Work in an acceptable manner as the Village may in its discretion determine. All costs and charges incurred by the Village, together with the cost of completing the Work shall be deducted from any moneys due or which may become due on this to the Contractor under this Contract. Following any payment due and received by the Village from the Contractor's surety following default, if the expense so incurred by the Village is less than the sum paid to the Village by the surety under this Contract for work remaining, the surety shall be entitled to receive the excess difference paid to the Village. When such Contractor default costs incurred by the Village exceeds the sum paid to the Village for the work remaining under the Contract the Contractor and the surety shall be liable and shall pay to the Village the full cost of such additional expenses. ARTICLE VIII - DEFAULT BY VILLAGE In the event of a material default by the Village under this Contract, the Village shall have sixty (60) days, from notice thereof by Contractor, to cure the default prior to Contractor's termination of this Contract. The failure to pay a contested invoice shall not be considered a material default. Upon termination, the Village shall be responsible to pay any uncontested payments due for work performed. ARTICLE IX —VENUE The parties hereto agree that for purposes of any lawsuit(s) between them concerning this Agreement, its enforcement, or the subject matter thereof, venue shall be in Cook County, Illinois, and the laws of the State of Illinois shall govern the cause of action. 61 ARTICLE X - SEVERABILITY OF CONTRACT If any term of this Contract is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the Contract terms will remain in full force and effect and will not be affected. ARTICLE XI - CUMULATIVE REMEDIES The exercise or failure to exercise any legal rights and remedies associated with any act of default or breach hereunder by either Party will not constitute a waiver or forfeiture of any other rights and remedies, and will be without prejudice to the enforcement of any other right or remedy available by law or authorized by this Contract. ARTICLE XII - COMPLIANCE WITH LAWS Each party to this Contract will comply with all applicable state and federal laws and regulations, and county and municipal ordinances and regulations. ARTICLE XIII - DISPUTE RESOLUTION Should a dispute arise between the Village and the Contractor as to the terms and conditions of the Contract, or the responsibilities, limitations, or working relations of either Party, the designated project personnel will make every reasonable effort to resolve the difference in accordance with the terms and conditions of the Contract. If a dispute continues despite these efforts, it shall be referred to the Parties' Project Managers. If the above action fails to resolve the dispute, the Parties may, by agreement, elect to resolve the dispute through a mediation process. Each Party shall bear its own costs in preparing and conducting mediation, except that the costs, if any, of the actual mediation proceeding shall be shared equally by the Parties. The mediation process is defined as follows: The Parties shall select a mutually agreeable mediator from American Arbitration Association lists or any other agreeable list to aid the Parties in resolving the dispute. The mediator shall not be an employee or former employee of either Party. The first meeting shall be held at a location chosen by the Village. At the meetings, each Party may present materials and/or arguments to the mediator. The mediator's decision shall be not be binding upon either Party. In the event that the foregoing steps fail to resolve the dispute, either Party may bring suit in the Circuit Court of Cook County, Illinois. ARTICLE XIV - ASSIGNMENT No rights or interest in this Contract may be assigned by Contractor without prior written notice being provided by Contractor to the Village and the Village's written approval. The Village shall not unreasonably withhold its approval of such assignment. In the event of an assignment, the Contractor shall not be relieved of its obligations under the Contract unless agreed to by the Village, at its sole discretion. ARTICLE XV - RECRUITING The Parties shall not, without the consent of the other Party, entice, encourage, offer special inducements, or otherwise recruit employees of the other Party during the period of this Contract and for a period of one (1) year thereafter. This clause is not intended to restrict any individual's right of employment but rather is intended to preserve the relationship intended under this Contract and to prevent the Parties from actively recruiting the employees of the other Party. 62 ARTICLE XVII - COUNTERPARTS This Contract may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same agreement. ARTICLE XVIII - ENFORCEABILITY If any provision of this Contract is found to be invalid, illegal or unenforceable, that provision shall be severable from the rest of this Contract and the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired. ARTICLE XIX - EFFECTIVE DATE The effective date of this Contract shall be the date of the last signature executing the Contract (hereinafter referred to as the "Effective Date"). ARTICLE XX - ADVERTISEMENT Contractor shall not use, in its advertising, marketing programs, or other promotional efforts, any data, pictures, or other representation of the Village, except with the specific written authorization in advance by the Village. ARTICLE XXI - CAPTIONS; HEADINGS The paragraph headings which appear herein are included solely for convenience and shall not be used in the interpretation of this Contract. ARTICLE XXII — ENTIRE AGREEMENT This Contract, consisting of the Contract Documents, constitutes the entire agreement between the Parties for the subject matter hereof and supersedes all prior arrangements, agreements, representations and undertakings, written or oral. This Contract may not be changed or modified except by a written instrument duly executed by each of the Parties hereto. IN WITNESS WHEREOF, the Parties hereto have executed this Contract. Contractor: VILLAGE OF MOUNT PROSPECT By: Title: Date: ATTEST: Title: Date: By: Title: Date: ATTEST: Title: Date: 63 VILLAGE OF MOUNT PROSPECT LABOR AND MATERIAL PAYMENT BOND Bond No. : Principal Amount: Contract: KNOWN ALL MEN BY THESE PRESENTS, that the Village of Mount Prospect, an Illinois municipal corporation (hereinafter "Village"), has awarded to , as Principal (hereinafter "Contractor"), a written agreement with the Village dated (hereinafter "Contract"), for in accordance with the drawings and specifications prepared by: (Village of Mount Prospect or architect/engineer), which Contract is incorporated herein and made a part hereof; and WHEREAS, the Contractor is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, workmen, mechanics, material suppliers, and other persons as provided by law; NOW, THEREFORE, we, the undersigned Contractor and with main office at as Surety, are held and firmly bound unto the Village in the penal sum of Dollars ($ ), lawful money of the United States, for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these present. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor shall fully, promptly pay for all laborers, workmen and mechanics engaged in the work under the Contract, and not less than the general prevailing rate of hourly wages as required by the Contract and the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., and for all material used or reasonably required for use in the performance of the Contract, and all duly authorized modifications, alterations, changes or additions to said Contract as may hereafter be made, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject to the following conditions:. 1. A "Claimant" is defined as any person, firm or corporation having contracts with Contractor or with a subcontractor of Contractor to furnish labor, materials, or both, for use in the performance of the Contract. "Labor and materials" is construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service, rental of equipment, and any other items for which a mechanic's lien may be asserted. 2. Any person having a claim for labor and materials furnished in the performance of the Contract shall have no right of action unless he shall have 64 filed a verified notice of such claim with the Village Clerk within 180 days after the date of the last items of work or the furnishing of the last item of materials, and filed a copy of that verified notice upon the Contractor within 10 days after the filing of the notice with the Village Clerk. Filing must be by personal service or United States Mail, postage prepaid, certified or restricted delivery, return receipt requested, limited to addressee. The notice shall contain 1) the name and address of the claimant; 2) the business address of the claimant within the State of Illinois, if any, or if the claimant be a foreign corporation having no place of business within the State, the principal place of business of the corporation, and in the case of partnership, the names and residences of each of the partners; 3) the name of the Contractor for the Village; 3) the name of the person, firm or corporation by whom the claimant was employed or to whom such claimant furnished materials; 4) a brief description of the public improvement for the construction or installation of which the Contract is to be performed; and 5) a description of Claimant's contract as it pertains to the public improvement describing the work done by the claimant and stating the total amount due and unpaid as of the date of the verified notice. No defect in the notice herein provided for shall deprive the claimant of its right of action under the terms and provision of this Bond unless it shall affirmatively appear that such defect has prejudiced the rights of an interested party asserting the same. 3. No action shall be brought on this Bond later than one year after the date of the last item of work or of the furnishing of the last item of materials. Such suit shall be brought only in the circuit court of the State in the judicial district in which the Contract is to be performed. 4. The Village shall not be liable for the payment of any costs or expenses of any such lawsuit, and the Village does not have any obligations to any Claimants who make claims on this Bond. Surety will pay for all such claims, and for all costs and expenses of any such lawsuit, up to a maximum of the amount of this Bond. Surety hereby expressly agrees that no extension of time, change, modification, alteration, deletion, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this Bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, deletion, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder. Surety's obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, workmen, mechanics, material suppliers, and other persons in connection with the Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing the Village's rights against the M others. Any payment by the Surety made in good faith pursuant to this Bond shall reduce the principal amount of this Bond. Signed and sealed this day of 201_ Contractor By: Signature Title ATTEST: Corporate Secretary (corporations only) STATE OF _ COUNTY OF I, certify that Surety By: _ Title Officer Of The Surety Address: NOTARY , a Notary Public in and for said county, do hereby (Insert Name of Attorney -In -Fact for Surety) who is personally known to me to be the same person whose name is subscribed to the foregoing instrument on behalf of Surety, appeared before me this day in person and acknowledge respectively that he/she signed, sealed, and delivered said instrument as his/her free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this day of 1201 Notary Signature: My Commission expires: (Attach Surety's Power of Attorney) H. H. VILLAGE OF MOUNT PROSPECT PERFORMANCE BOND -000► • Principal Amount: Contract: KNOWN ALL MEN BY THESE PRESENTS, that Contractor as Principal (hereinafter "Contractor"), and with main office at a corporation of the state of as Surety (hereinafter "Surety"), are held and firmly bound unto the Village of Mount Prospect, an Illinois municipal corporation (hereinafter "Village"), in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of which, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has entered into a written agreement with the Village dated (hereinafter "Contract"), for the construction of in accordance with the drawings and specifications prepared by: (Village of Mount Prospect or architect/engineer), which Contract is incorporated made a part hereof. herein and NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor shall fully, promptly and completely discharge the Contract and all duly authorized modifications, alterations, changes, or additions to said Contract as may hereafter be made, and during the life of any guaranty required under the Contract, and, if Contractor shall fully secure and protect the Village from all liability and from all loss or expense of any kind, including all court costs and attorneys' fees made necessary or arising from the failure, refusal or neglect of Contractor to comply with all obligations assumed by Contractor in connection with the performance of the Contract and all such modifications, alterations, changes, or additions, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Upon receipt of written notice from the Village that the Contractor is in default, and performance by the Village of its obligations under the Contract, Surety will promptly (1) remedy the default; (2) arrange for the performance of Contractor's obligations under the Contract through the use of qualified contractors acceptable to the Village; or (3) notify the Village that it may hire a contractor to complete Contractor's obligations under the Contract. Surety will promptly notify, in writing, the Village of which option it is exercising. Failure of the Surety to elect an option within fifteen (15) days of receipt of the notice from the Village shall constitute authorization to the Village to complete the improvements at Surety's expense. The balance of the contract price shall be credited against the cost of completing and/or correcting the Contractor's performance under the Contract. If the cost exceeds the balance of the contract price, the Surety shall pay the excess amount to the Village, up to a maximum of the principal amount of this Bond. If the Surety arranges for completion and/or correction or remedies the default, the balance of the contract price that is required to complete, correct or 67 remedy the default shall be paid by the Village to Surety. Surety will be responsible, up to the maximum of the principal amount of this Bond, for payment for correction and completion of the Contract, any additional legal, design professional or delay costs arising from Contractor's default and/or resulting from action or inaction on the part of the Surety and liquidated damages, or, if no liquidated damages are provided for in the Contract, actual damages caused by delayed performance or non-performance by the Contractor or Surety. The Village shall not be required to pay Surety more than the balance of the contract price. The term "balance of the contract price" means the total amount payable by the Village to the Contractor under the contract, and any amendments thereto, less the amounts paid to the Contractor by the Village. Any suit under this Bond must be filed before the expiration of two years from the date on which final payment under the Contract is due or the applicable statute of limitations, whichever is longer. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Village or its heirs, executors, administrators or successors. Any proceeding, legal or equitable, under this Bond may be instituted in a court of competent jurisdiction in the location in which the work is located. Notice to any of the parties shall be mailed to the appropriate address listed above. Surety hereby waives notice of any modifications, alterations, changes, additions or extension of time in the Contract. Signed and sealed this day of , 201_ Contractor By: Signature Title ATTEST Surety By: _ Title Officer Of The Surety Address: Corporate Secretary (corporations only) NOTARY STATE OF COUNTY OF I, _ certify that , a Notary Public in and for said county, do hereby (Insert Name of Attorney -In -Fact for Surety) who is personally known to me to be the same person whose name foregoing instrument on behalf of Surety, appeared before me this acknowledge respectively that he/she signed, sealed, and delivered said free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this Notary Signature: is subscribed to the day in person and instrument as his/her _ day of My Commission expires: (Attach Surety's Power of Attorney) 68 1201 _ 1011n, De enl Check Sheet For Recurring ! ��'�n�41t�"MCin Special Provisions 0.4 The Following Recurring Special Provisions Indicated By An "X" Are Applicable To This Contract And Are Included By Reference: Recurring Special Provisions Check Sheet # Page No. 1 ❑ Additional State Requirements for Federal -Aid Construction Contracts 64 2 ❑ Subletting of Contracts (Federal -Aid Contracts) 67 3 ❑ EEO 68 4 ❑ Specific EEO Responsibilities Non Federal -Aid Contracts 78 5 ❑ Required Provisions - State Contracts 83 6 ❑ Asbestos Bearing Pad Removal 89 7 ❑ Asbestos Waterproofing Membrane and Asbestos Hot -Mix Asphalt Surface Removal 90 8 ❑ Temporary Stream Crossings and In -Stream Work Pads 91 9 ❑ Construction Layout Stakes Except for Bridges 92 10 ❑ Construction Layout Stakes 95 11 ❑ Use of Geotextile Fabric for Railroad Crossing 98 12 ❑ Subsealing of Concrete Pavements 100 13 ❑ Hot -Mix Asphalt Surface Correction 104 14 ❑ Pavement and Shoulder Resurfacing 106 15 ❑ Patching with Hot -Mix Asphalt Overlay Removal 107 16 ❑ Polymer Concrete 109 17 ❑ PVC Pipeliner 111 18 ❑ Bicycle Racks 112 19 ❑ Temporary Portable Bridge Traffic Signals 114 20 ❑ Work Zone Public Information Signs 116 21 ❑ Nighttime Inspection of Roadway Lighting 117 22 ❑ English Substitution of Metric Bolts 118 23 ❑ Calcium Chloride Accelerator for Portland Cement Concrete 119 24 ❑ Quality Control of Concrete Mixtures at the Plant 120 25 ❑ Quality Control/Quality Assurance of Concrete Mixtures 128 26 ❑ Digital Terrain Modeling for Earthwork Calculations 144 27 ❑ Reserved 146 28 ❑ Preventive Maintenance - Bituminous Surface Treatment 147 29 ❑ Reserved 153 30 ❑ Reserved 154 31 ❑ Reserved 155 32 ❑ Temporary Raised Pavement Markers 156 33 ❑ Restoring Bridge Approach Pavements Using High -Density Foam 157 34 ❑ Portland Cement Concrete Inlay or Overlay 160 35 ❑ Portland Cement Concrete Partial Depth Hot -Mix Asphalt Patching 164 Printed 09/11/18 Page 1 of 2 BLR 11300 (10/17/17) The Following Local Roads And Streets Recurring Special Provisions Indicated By An "X" Are Applicable To This Contract And Are Included By Reference: Local Roads And Streets Recurring Special Provisions Check Sheet # Page No. LRS 1 Reserved 168 LRS 2 ❑ Furnished Excavation 169 LRS 3 ❑ Work Zone Traffic Control Surveillance 170 LRS 4 ® Flaggers in Work Zones 171 LRS 5 ® Contract Claims 172 LRS 6 ❑ Bidding Requirements and Conditions for Contract Proposals 173 LRS 7 ❑ Bidding Requirements and Conditions for Material Proposals 179 LRS 8 Reserved 185 LRS 9 ❑ Bituminous Surface Treatments 186 LRS 10 Reserved 187 LRS 11 ❑ Employment Practices 188 LRS 12 ❑ Wages of Employees on Public Works 190 LRS 13 ® Selection of Labor 192 LRS 14 ❑ Paving Brick and Concrete Paver Pavements and Sidewalks 193 LRS 15 ❑ Partial Payments 196 LRS 16 ® Protests on Local Lettings 197 LRS 17 ® Substance Abuse Prevention Program 198 LRS 18 ❑ Multigrade Cold Mix Asphalt 199 Printed 09/11/18 BLR 11300 (10/17/17)