HomeMy WebLinkAbout8.2 A Motion to Award a Contract to MX Utility Construction of Saint Charles, IL 8/22/2019 BoardDocs®Pro
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Agenda Item Details
Meeting Aug 20, 2019 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - 7:00 p.m.
Category 8. VILLAGE MANAGER'S REPORT
Subject 8.2 A motion to award a contract to MX Utility Construction of Saint Charles, Illinois to
design and construct a private fiber network for an amount not to exceed $200,619.16.
Access Public
Type Action
Preferred Date Aug 20, 2019
Absolute Date Aug 20, 2019
Fiscal Impact Yes
Dollar Amount 200,619.16
Budgeted Yes
Budget Source Community Investment Program
Recommended Action Award a contract to MX Utility Construction of Saint Charles, Illinois to design and construct
a private fiber network for an amount not to exceed $200,619.16.
Public Content
Information
The Village is currently constructing new public safety headquarters buildings for Police and Fire. These buildings will
need to be connected to the Village's existing network infrastructure. The best way to accomplish this is to connect
the new buildings to Village Hall with underground fiber optic cable. After completion of the project, the Village would
own this fiber infrastructure instead of leasing from a carrier such as AT&T or Comcast. Underground fiber owned by
the Village is also the most secure way of transmitting data between our buildings since it only touches Village owned
IT hardware.
As part of our due diligence, staff also obtained pricing to lease fiber from a major carrier. To connect Village Hall,
Police HQ and Fire HQ, the annual costs are between $30,000 and $40,000 depending on bandwidth.
By choosing to invest in our own fiber infrastructure, the Village's return on investment would be between four and
half (4.5) and six (6) years. This fiber infrastructure will last for decades and provides fast, reliable, and secure
connections between our buildings.
RFP Results
A copy of the Request for Proposal (RFP) is included as an attachment.
The RFP was sent out to four (4) companies that perform fiber design and construction services. Two (2) responses
were received by the Village. The other two (2) companies informed staff that they could either not meet workload
expectations or believed their pricing would be too high for Village consideration.
Contractor Labor & Material Total
.M.X....0 t LLLt.........0 Construction s t r u c t Lo.n...................................................................................... .8.z....3.8. ..o.5
A d .............................................................................................................................................
Y $
.e s t a.................................................................................................................................................................3.9.6...4 9.3..4. .............................................................................................................................................
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8/22/2019 BoardDocs®Pro
The proposal from MX Utility Construction was in line with staff expectations. The proposal includes all labor and
material necessary to complete the project.
This includes:
Underground 2" directional boring at a depth of 36 inches
Pulling 12,000 feet of fiber
Handholes every 1,000 feet or at 90 degree corners
Interior building work including fiber panels
Restoration from the installation
MX Utility Construction has performed identical projects in other towns including the Village of Palatine. Reference
checks were all favorable.
Budget Impact
The Village budgeted $250,000 in the 2019 CIP for this private fiber project. Staff recommends adding a 10%
contingency to the total for any unforeseen issues.
Alternatives
1. Approval to award a contract to MX Utility Construction of Saint Charles, Illinois to design and construct a private
fiber network as submitted.
2. Action at discretion of Village Board.
Staff Recommendation
Staff recommends that the Village Board award a contract to MX Utility Construction of Saint Charles, Illinois to design
and construct a private fiber network for an amount not to exceed $200,619.16.
Mount Prospect Fiber Design and Build RFP.pdf (1,098 KB)
MX Utility Construction RFP Route Drawing.jpg (735 KB)
MX Utility Construction Cost Estimate.pdf (108 KB) MX Utility Construction Exhibits.pdf (400 KB)
Administrative Content
Executive Content
Motion &Voting
Award a contract to MX Utility Construction of Saint Charles, Illinois to design and construct a private fiber network for
an amount not to exceed $200,619.16.
Motion by Michael Zadel, second by Richard Rogers.
Final Resolution: Motion Carries
Yea: William Grossi, Eleni Hatzis, Paul Hoefert, Richard Rogers, Colleen Saccotelli, Michael Zadel
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Mount Prospect JF
Proposal Request
for
Fiber Optic Cable Design and Build
July 19, 2019
Village of Mount Prospect
50 South Emerson Street, Mount Prospect, Illinois 60056-2229
NOTICE TO PROPOSERS
Proposal for
Fiber Optic Cable Design and Build Contract
Sealed proposals will be received until 3:00 p.m. on August 2, 2019 in the office of the
Office of the Village Manager, 3rd Floor, 50 S. Emerson Street, Mount Prospect, Illinois
60056, in a separate, sealed envelope please submit proposal clearly marked "Fiber
Optic Cable Design and Build".
The work includes a Base Response plus pricing for Optional Work that the Village of
Mount Prospect may require the Contractor to perform during the contract period.
Offers may not be withdrawn for a period of ninety (90) days after the proposal date
without the consent of the Board of Trustees.
Any Response submitted, unsealed, unsigned, sent via email or fax or received
subsequent to the aforementioned date and time, will be disqualified and returned to the
proposer.
The Village reserves the right in its sole discretion, to reject any and all proposals or
parts thereof, to waive any irregularities technicalities and informalities in proposal
procedures and to award the contract in a manner best serving the interests of the
Village.
Chief Technology and Innovation Officer
Andrew Schaeffer
50 S Emerson Street
Mount Prospect, Illinois 60056
847-818-5269
ASchaeffer@mountprospect.org
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Fiber Optic Cable Design and Build Contract
TABLE OF CONTENTS
Contents
NOTICETO PROPOSERS.......................................................................................................................1
TABLEOF CONTENTS ............................................................................................................................2
PROJECT DESCRIPTION........................................................................................................................3
Schedule................................................................................................................................................3
INSTRUCTIONS TO PROPOSERS..........................................................................................................8
PROPOSAL SPECIFICATIONS..............................................................................................................11
PROJECTSCOPE..................................................................................................................................11
Background:.........................................................................................................................................12
Standards.............................................................................................................................................12
Permits.................................................................................................................................................13
Installation specifications.....................................................................................................................13
Drawings..............................................................................................................................................13
"Soft Scape" Restoration: ....................................................................................................................14
Blockingof public streets:....................................................................................................................14
Terminations: .......................................................................................................................................15
Testing: ................................................................................................................................................15
WorkingHours: ....................................................................................................................................15
Inspectionof Work:..............................................................................................................................15
SiteVisits: ............................................................................................................................................15
GENERALCONDITIONS........................................................................................................................16
EXHIBITA...................................................................................................................................................25
PROPOSALFORM A..............................................................................................................................25
Email:.......................................................................................................................................................30
AFFIDAVIT— PROPOSAL CERTIFICATION FORM..............................................................................31
PROPOSALSHEET................................................................................................................................33
Proposer's Route Drawing.......................................................................................................................35
References..............................................................................................................................................36
EXHIBITB...................................................................................................................................................37
Fiber Optic Cable Design and Build Contract..........................................................................................37
PERFORMANCE BOND.........................................................................................................................43
LABOR AND MATERIAL PAYMENT BOND...........................................................................................45
EXHIBITC...................................................................................................................................................47
BuildingLocation Map.............................................................................................................................47
BuildingAccess Photo.............................................................................................................................49
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VILLAGE OF MOUNT PROSPECT
Fiber Optic Cable Design and Build
PROPOSAL PACKET
The Village of Mount Prospect is seeking proposals for its Fiber Optic Cable Design and
Build project.
PROJECT DESCRIPTION
The project shall consist of providing, designing, and installing a 72 count underground
fiber optic cable between the following locations:
• Village Hall 50 S. Emerson Street
• Fire Headquarters 111 E. Rand Road
• Police Headquarters 911 E. Kensington (Currently 799 Biermann Court)
All cable will be underground. The fiber will terminate at identified locations at a patch
panel provided by the vendor (or referred to as proposer) and mounted in an equipment
rack or wall mount location provided by the Village.
Schedule
Proposal Scheduling:
July 19, 2019 RFP Released
July 26, 2019 Questions Submitted by Vendor
July 29, 2019 Questions Answered by Village
August 2, 2019 Response Submitted by Vendor
August 21, 2019 RFP Awarded
Project Scheduling:
The Police Headquarters and Fire Headquarters are under construction and unavailable
until February or March 2020 timeframe. Therefore, the project will have two phases:
Phase 1: Complete outside plant work up to the right of way (See drawings).
Terminate at Fiber Patch Panel in Village Hall equipment room. Drop to hand
hole (vendor constructed) located adjacent to entry point to new Police
Headquarters and new Fire Headquarters.
Phase 2: Complete fiber run from the two hand hole locations at the Fire
Headquarters and Police Headquarters terminating at the identified equipment
room(s) at each respective building. Final Test, QC and Certification of work.
Phase 1 is to be completed during 2019. Phase 2 can be scheduled after construction
is completed on the Fire Department and Police Department buildings.
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Date Activity
December 31, 2019 Phase 1: Complete outside plant work up to
the hand holes for the Police and Fire
buildings. Termination to the patch panel
inside the Village Hall building.
February, 14, 2020 Begin Phase 2: Run fiber into Police and
Fire Buildings and terminate. Work to begin
upon notification from the Village that the
buildings are read
March 13, 2020 Complete testing, certification and turnover
All 2020 planned work activity is subject to the building construction schedules. In order
to ensure coordination of the inside work required at each building (Police and Fire) by
the vendor, it is expected that the vendor attend a construction coordination meeting as
scheduled by the General Contractor for each building.
1. RECEIPT OF PROPOSALS
Sealed proposals to provide Fiber Optic Cable Design and Build must be
received in the Village Manager's Office, at 50 South Emerson Street 3rd Floor,
Mount Prospect, Illinois 60056, no later than 3:OOp.m. on August 2, 2019.
Proposals arriving after that time will not be accepted. Mailed proposals, which
are delivered after the specified hour, will not be accepted regardless of
postmarked time on the envelope. Electronic mail (email) and/or facsimile
transmitted proposals will not be accepted. Proposals will be opened privately.
2. HOW TO SUBMIT A PROPOSAL
The proposal must be delivered in a sealed envelope to the Village Hall and
marked to the attention of the "Andrew Schaeffer". The proposal must be clearly
marked: Sealed Proposal " Fiber Optic Cable Design and Build" and the date
of the proposal opening. No proposal will be considered unless it is
submitted on the response proposal form, Exhibit A, included in this
response packet.
The proposal must be typed or legibly completed in ink. Any erasures or
revisions in the proposal must be initialed by the person signing the proposal.
Should a proposer wish to qualify his proposal or make special stipulations
thereto, such qualifications or stipulations shall be stated on standard letter size
sheets of paper, separate from the proposal form but included within the sealed
proposal.
The proposal should include a USB Flash drive with all documentation of the
response.
4
Use the following naming convention to label/name the Flash Drive, Folder and
Documents provided by Vendor.
Flash Drive Label: VENDOR NAME AND DATE
Ex: ABC Contracting August 21-2019
Folder Name: MPFiberDesignBuildRFP_VENDOR NAME—DATE
The main reply document should be labeled:
VENDOR NAME RFP Proposal
Ex: ABC Contracting RFP Proposal
This file should contain the major components of the RFP:
Proposal Form A
Proposal Form B
Proposal Sheet
Affidavit Certification Form
Route Drawing
References
If these any sections are not in the main response but in other files, or if any
other documents are provided, use this format:
DOCUMENT FILE Name: VENDOR NAME RFP Doc Name
Example: ABC Contracting RFP Route Drawing
It will be the sole responsibility of the proposer to ensure that his or her proposal
reaches the Mount Prospect Village Manager's Office on or before the deadline
for proposal submissions set forth above. Any proposal that is not sealed or
marked as specified in the requirements for submitting a proposal will be
disqualified from the process.
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3. QUALIFICATION OF PROPOSERS
To be entitled to consideration, proposals must be submitted in accordance with
this Notice to Proposers and the "Village of Mount Prospect Instructions to
Proposers", and on the Proposal Form (Exhibit A). In addition, Proposer must be
licensed to do business in the Village of Mount Prospect and must furnish
satisfactory evidence of their professional experience and ability to meet the
performance requirements of the Fiber Optic Cable Design and Build Contract
(Exhibit 8).
4. AWARD OF CONTRACT TO SUCCESSFUL PROPOSER
The Village of Mount Prospect will be the sole interpreter of all proposal
documents, and reserves the right to make its own assessment of proposals
received; to reject any and all proposals; to waive irregularities and technicalities
in the proposals; to further negotiate details of the contract with the selected
proposer after award of the contract; and to award the contract based upon its
consideration of the following criteria as well as relevant statutory provisions:
a) The ability, capacity, and skill of the proposer to perform the contract to
provide the service required.
b) Whether the proposer can perform the contract or provide the service
promptly, or within the time specified, without delay or interference.
c) The character, integrity, reputation, judgment, experience, and efficiency
of the proposer.
d) The quality of performance of previous contracts.
e) The previous and existing compliance by the proposer with laws and
ordinances relating to the contract.
f) The sufficiency of the financial resources and ability of the proposer to
perform the contract and provide the service.
g) The ability of the proposer to provide future maintenance and service.
h) The number and scope of conditions attached to the proposal.
i) Whether the proposer has a place of business in the Village.
j) Responsiveness to the exact requirements of the invitation to proposal.
k) Ability to work cooperatively with the Village and its staff.
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1) Past records of the proposer 's transactions with the Village or with other
entities as evidence of the proposer 's responsibility, character, integrity,
reputation, judgment, experience, efficiency and cooperativeness.
m) Such other factors as would be in the best interest of the Village and its
operations.
The Village of Mount Prospect may make such inspections, as it deems
necessary, including the right to inspect all proposer worksites related to the
proposal.
5. CONTRACT
The specifications and terms for award of this contract include all of those set forth in
this Notice to Proposer, the Instructions to Proposer, the Proposal Form (Exhibit A), the
Specifications, the General Conditions, the Proposal Form, the Affidavit — Proposal
Certification Form, the Proposal Security Form, the Proposal Sheet and " Fiber Optic
Cable Design and Build " (Exhibit B). The successful proposer will be required to
execute the Fiber Optic Cable Design and Build Contract for the duration specified in
that contract and the successful proposer 's submitted Proposal Form will be attached
to and incorporated into that Contract.
VILLAGE OF MOUNT PROSPECT
INSTRUCTIONS TO PROPOSERS
To be entitled to consideration, proposals must be made in accordance with the
following instructions:
1. The Village of Mount Prospect reserves the right to reject any or all proposals, or
any part thereof, or to accept any proposal or any part thereof, or to waive any
information in any proposal when, it its opinion, the best interest of the Village will
be served by such action.
2. Proposers may withdraw or cancel their proposal, in written form, at any time
prior to the advertised proposal opening time. Any proposal submitted will be
binding for 90 calendar days after the date of proposal opening. No plea of
ignorance by the proposer as to the conditions that exist or that may exist
hereafter as a result of failure or omission on the part of the proposer to make the
necessary examinations and/or investigations will be accepted as a basis for
varying the requirements of the Village or the compensation to the proposer .
3. Proposals must be signed by an authorized official of the organization submitting
the proposal with the name of the official and his/her title typed below the
signature.
4. All Proposers must submit the following information on or before the deadline for
proposal submittal: (a) the location of the proposer 's permanent place of
business; (b) evidence of the ability to provide an efficient and adequate plan for
executing the services requested; and (c) any additional evidence tending to
show that the proposer is prepared adequately to fulfill the contract.
5. Proposers shall include with their proposal, on a separate attachment to the
proposal, the names of three (3) references regarding their qualifications by
experience, ability, personnel and equipment to perform the services required by
the proposal specifications. Each reference should be for a similar fiber optic
project with a $100,000 value or greater. The references must include company
name, address, contact person and telephone number. The Village reserves the
right to reject proposals not accompanied by the required references.
6. All Proposers agree that a complete background investigation of the principals of
the proposer and all employees who will perform the required services on behalf
of the be made. Proposers agree to cooperate with the appropriate Village
personnel to supply all the necessary information to complete the background
inquiries. The Village, at its complete discretion, may disqualify any Proposer,
including a low Proposer, and may void any contract previously entered into
based upon its background investigation.
7. No proposal 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
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Village or has failed to perform faithfully any previous contract with the Village
within two (2) years prior to the date of the invitation to proposal.
8. All proposal submittals must include a signed Proposal Certification Form (copy
attached) certifying non-collusion in the proposal, and that the proposer is in
compliance with Sections 33E-3 and 33E-4 of the Illinois Criminal Code
regarding proposal rotating and proposal rigging (720 ILCS 5/33E-3 and 5/33E-
4); compliance with the Illinois Drug Free Workplace Act (30 ILCS 580/1 et seq.;
that it is not delinquent in the payment of taxes (65 ILCS 5/11-42.1); and that it
has a written sexual harassment policy in place in full with the Illinois Human
Rights Act (775 ILCS 5/2-105, as amended).
9. Questions are to be submitted by July 24, 2019. 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 proposal documents, the question may be answered in writing by
directing the requesting proposer to the applicable provision(s) in the existing
proposal documents. No further clarifications or interpretations will be issued.
Proposers will acknowledge receipt of any addendum issued by so noting on the
proposal sheet. Oral explanations are not binding.
10.Prices shall be provided for each service required to be performed under the
contract.
11.All equipment and material proposal shall be in accordance with all applicable
federal, state and local laws, rules and regulations in effect at the time of the
proposal.
12.Proposals will be considered on equipment or material complying substantially
with the specifications, provided each deviation is stated and the substitution is
described, including technical data when applicable, in a letter attached to the
proposal. The Village reserves the right to determine whether such substitutions
or deviations are within the intent of the specifications and will reasonably meet
the service requirements of the applicable Village Department. Brand names
which may be mentioned in the specifications do not indicate a preference and
are used only as a reference to the type and quality of materials or equipment
desired.
13.The brand name and/or manufacturer of each item proposed must be clearly
stated. Guarantee and/or warranty information must be included with this
proposal.
14.Unless otherwise directed by the Specifications, all materials, equipment and
services provided will meet standards or requirements which would normally be
anticipated in common practice. The proposer guarantees that all applicable
federal, state and local laws, including the federal Occupational Safety and
Health Act ("OSHA"), are being complied with in connection with the proposal
and any resultant contract or purchase by the Village.
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15.All municipal, county, and State of Illinois sales taxes and federal excise taxes,
which are NOT applicable to sales to the Village of Mount Prospect, must be
excluded from proposal prices.
16.Prices shall be stated in units when applicable and quotation made on each item
separately. In case of conflict, unit price shall govern.
17.Proposers must be sure to specify any terms which they wish to offer in the
space provided. Cash discounts will be deducted from the base proposal in
determining the low proposer.
18.In case of default by the proposer, the Village may procure the services from
other sources and may deduct the cost of such services from the unpaid balance
due the proposer, or may c. and the prices paid by the Village shall be
considered the prevailing market price at the time such purchase is made.
19.The proposer shall hold the Village, its officers, employees and agents, harmless
from liability of any nature or kind on account of the Village's use of any
copyrighted or uncopyrighted composition, trade secrets, secret process,
proprietary rights, patented or unpatented invention, article or appliance
furnished or used under the proposal specifications.
20.The successful proposer is specifically denied the right of using in any form or
medium the name of the Village for any advertising, promotion or reference
unless express written permission is granted by the Village.
21.The opaque envelope containing the proposal shall be marked plainly, *SEALED
PROPOSAL" — along with the Fiber Optic Cable Design and Build Contract, and
date of the proposal opening. (See also Notice to Proposers requirements).
22.The proposer 's submittal shall include the completed Proposal Form. The Village
will strictly hold the proposer to the terms of the Proposal Form. The Proposal
Form must be executed by a person having the legal right and authority to bind
the proposer.
Questions about this Request for Proposals should be directed to:
Fiber Optic Cable Design and Build
Chief Technology and Innovation Officer
Andrew Schaeffer
50 S Emerson Street
Mount Prospect, Illinois 60056
ASchaeffer@mountprospect.org
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PROPOSAL SPECIFICATIONS
PROJECT SCOPE
The project shall consist or providing, designing, installing a 72 count underground fiber
optic cable between the following locations:
• Village Hall 50 S. Emerson Street
• Fire Headquarters 111 E. Rand Road
• Police Headquarters 911 E. Kensington (Currently 799 Biermann Court)
All cable will be underground. The fiber will terminate at identified locations at a patch
panel provided by the proposer and mounted in an equipment rack or wall mount
location provided by the Village.
The following identifies the required fiber count to be terminated at each location:
Location Fiber Route Terminations Non- Note
terminated
Police 72 Fiber Origination
Headquarters location.
Terminate all
Fiber.
Hand hole 12 Fiber Future
Located at expansion to
Police 2000 E
Headquarters Kensington Fire
right of way Station
Fire Police 12 Fiber
Headquarters Headquarters
to Fire
Headquarters
Hand hole Police 24 Fiber
Located at Headquarters
Route 83 and to Hand Hole
Central
Village Hall Police 24 Fiber
Headquarters
to Village
Hall
The Village is requesting seventy-two (72) fiber count cable. All 72 fiber will be
terminated at a vendor provided fiber patch panel in the Police Headquarters equipment
room. Seventy Two (72) fiber will leave the Police Headquarters. Twelve (12) fiber
designated for future use will be dropped at a hand hole located near the northeast
corner right of way outside the Police Headquarters. Sixty (60) fiber will leave that hand
hole by the Police Headquarters and route to the Fire Headquarters. At the Fire
Headquarters, twelve (12) fiber will be terminated at a vendor provided fiber patch
panel. Forty Eight (48) fiber will leave the Fire Headquarters. Twenty Four (24) fiber
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will be terminated at the Village Hall at a vendor provided fiber patch panel and Twenty
Four (24) fiber designated for future use will be dropped at a hand hold located at Route
83 (Main) and Central.
Note: While the Fire Headquarters and Police Headquarters are under construction, the
fiber will be dropped to a hand hole directly adjacent to each respective building. Hand
hole(s) to be located in Right of Way.
Note: If desired by the proposer, the fiber run going from the Police Headquarters to the
Village Hall can run through the Fire Headquarters conduit to possibly reduce some of
the outside plant fiber run.
Background:
The Village Hall location currently houses a data center. This site will continue with its
existing communications network and will be augmented with capacity provided by this
project. Pictured in Exhibit C is a hand hole outside the Village Hall. Assume a 250 foot
run from the hand hole to the termination point.
The Fire Headquarters is under construction. Upon completion, a rack or designated
wall mount location will be provided for the installation of a fiber patch panel by the
proposer. The exact location of the terminations within the building has not been
determined. For purposes of this proposal, it should be assumed that rack or
designated location will be 450 feet from hand holes on Rand Road or Highway 83.
There will be conduit from the right of way that will go directly to the network room.
In a like manner the Police Headquarters is under construction. Upon completion of
new construction, a rack will be provided by the Village for the installation of a patch
panel by the proposer. For purposes of this proposal assume, 500 feet from hand hole
to the termination in the building.
Each building will have conduit access. Proposer will complete the fiber into the
building upon completion of construction.
Standards
The following standards will be observed:
• Occupational Safety and Health Code (Latest Edition).
• The statutes, codes, and ordinances of all state, county, Mt Prospect
Village and any other entity with jurisdiction.
• National Electric Safety Code (Latest Edition).
• National Electric Code (Latest Edition).
• United States Department of Labor.
• Manufacturer specifications.
Cables should be run in compliance with ANSI/TIA/EIA Telecommunications cabling
guidelines and installation practices.
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Safety Standards:
All equipment to be used and all work to be performed must be in full compliance with
the most current revision of the American National Standards Institute
Permits
Proposer will be responsible for preparing permit applications and obtaining approval
on the proposed route and acquiring necessary permits from the village and other
jurisdictions having authority (e.g. IDOT, Railroads) as required. Permit application fees
will be "pass through" to the Village.
Installation specifications
Fiber Cable
Proposer will furnish and install an all dielectric 72 Count Singlemode Outdoor Fiber
Optic Cable
The proposer will meet or exceed the Telecommunications Industry Association (TIA)
and Electronic Industries standards.
All underground duct/conduit sections will include fiber tracer tape (sometimes referred
to as wire or rope) for future locating and pulling.
Hand holes:
Hand holes are to be installed at every building entrance (transition), 90 degree corners,
and approximately every 1000'.
Route and method of construction
The proposer will be responsible for determining and designing routes. Exhibit C
contains maps showing each Village facility location that will be on the fiber network.
Proposers are to create and submit a Google Earth or equivalent route map with the
proposed route and identify hand hole locations, the method of construction (e.g.
directional bore or open cut), and splice locations.
All construction must occur in the approved right of way.
Drawings
Upon completion of the project, the proposer will provide the Village with As Built
drawings showing paths and depths of the boring, hand holes, splice locations and
other relavent information.
Directional Boring:
13
Includes the HDD installation of 2" HDPE SDR 13.5 conduit as deemed necessary and
all cables at depth of 36".
Pot holing existing utilities and infrastructure and incidental hand digging is required.
Notification of landowners, utilities, municipalities, highway departments, Mount
Prospect public works and JULIE 811 one call system.
"Soft Scape" Restoration:
Vendor is responsible for all restoration from the installation. Price also includes all
restoration to original or better condition (seed, straw, topsoil, sod and repave) as
determined by the Village.
All underground construction areas will be restored to original or like condition, if not
better.
The contractor will warranty restoration for one year after completion of all work.
Road Cutting:
Includes all labor to cut, remove, dispose, and trench for conduit, including the
placement of all conduit(s) and cables/pull strings. Notification of all landowners,
utilities, municipalities, public works departments, highway departments, permitting, and
other activities. as required. Also includes complete restoration to original condition.
Restoration must meet all local and State, CDOT, IDOT, specifications.
Concrete Restoration:
Includes full restoration to as good or better then when work began. Restoration will
consist of no less than a one (1) foot by one (1) square. Restoration must meet all local
and State, CDOT, IDOT.
Asphalt Restoration:
Includes full restoration to as good or better then when work began. Restoration will
consist of no less than a one (1) foot by one (1) square. Restoration must meet all local
and State, CDOT, IDOT.
Blocking of public streets:
Blocking streets shall not be permitted unless prior arrangements have been made with
the Village and is coordinated with the proper departments. Proper warning signs,
barricades, and/or other protective devices must be provided by the contractor. These
shall be in accordance with the Manual of Uniform Traffic Control Devices. The
contractor shall arrange to keep sidewalks open for pedestrian traffic when possible.
Vendor is responsible for appropriate traffic control and management. Vendor will
provide flaggers, cones and signs as required.
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Terminations:
Fiber will be terminated in a Corning or equivalent rack or wall mount FDP furnished
and installed by the proposer.
Cable management is required and the proposer must design, furnish and install the
appropriate trays and racks.
Patch Panels, Jacks and Cables must be labeled.
Testing:
Proposer will test fiber and provide electronic and pdf documentation results of the
certification of the fiber.
The maximum loss per fiber butt fused splice is 0.05db.
Proposer will provide Bi-directional OTDR readings at 1310nm and 1550nm.
Working Hours:
1. No work shall be performed prior to 7:00 AM and shall be completed by 6:00 PM.
2. Normal work days shall be Monday through Friday.
3. No work will be allowed on Sundays or Village holidays.
Inspection of Work:
All work must be completed to the satisfaction of the Village Chief Technology and
Innovation Officer or his Public Works representative.
Site Visits:
The Village insists that the proposer and their subcontractors understand the route
details and safety requirements.
The Village Hall location is available for inspection during normal business hours.
Contact Andrew Schaeffer at 847-818-5269 or email ASchaeffer@mountprospect.org
for scheduling. As previously noted, the police and fire locations are under construction.
15
GENERAL CONDITIONS
A. Award of Contract; Performance; Payment
1. The Village will issue a Notice of Award to the successful proposer,
advising that it has been awarded the contract. Within ten (10) business
days of delivery of the Notice of Award, by personal service or registered
or certified U.S. Mail, postage prepaid and receipt requested, the
contractor shall execute the contract, attached to the Proposal
Documents, and furnish the Village with the required bonds and certificate
of insurance.
2. Upon the Village's receipt of the executed contract, required bonds and
certificate of insurance, the Village will issue and send to the contractor a
Notice to Proceed, that will start the performance period.
3. Contract Scheduling.
(a) Proposer will adhere to timeline provided.
4. 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, proposer, supplier or other appropriate party included in its
cost, and for every party listed a full or partial waiver of lien, as
appropriate. Beginning with the second payment request, and with each
succeeding payment request, the Contractor shall submit Contractor's
Affidavits and partial waivers of lien for each subcontractor and supplier
showing that the amount paid to date to each is at least equivalent to the
total value of that subcontractor's work, less retainage, included on the
previous payment request.
5. If final payment is requested, the Contractor shall submit a properly
completed Contractor's Affidavit setting out, under oath, the name,
address and amount due or to become due, of Contractor, each
subcontractor, proposer, supplier or other appropriate party included in its
cost, and a full and final waiver of lien for the full amount of the Work, less
retainage. The Contractor shall assign over to the Village all
manufacturers' and suppliers' warranties respecting any part of the Work.
6. PREVAILING WAGE. This contract calls for the construction of a "public
work" within the meaning of the Illinois Prevailing Wage Act, 820 ILCS
130/1, et seq., as amended (the "Act"). The Contractor and all
subcontractors are required to pay wage rates in accordance with the Act
to all laborers, workers and mechanics. The Village has adopted the
prevailing wages as determined by the Illinois Department of Labor
("IDOL") for Cook County. The prevailing rate of wages is revised by the
IDOL and is available on the IDOL website,
www.state.il.us/agency/idol/rates/rates.HTM. The Contractor and all
subcontractors are solely responsible for checking the Department's
16
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.
7. The Village reserves the right to alter the scope of the required services to
be performed, add such incidental services as may be necessary and
increase or decrease the services to be performed to accord with such
changes, including the deduction or cancellation of any one or more or the
services. Such changes shall not be considered as a waiver of any
condition of the contract nor to invalidate any of the provisions thereof.
8. The performance of the required services shall be done under the
supervision of the Chief Technology and Innovation Officer or his/her
designee who shall decide all questions that arise as to the quality and
17
acceptability of materials furnished, services performed, manner of
performance, acceptable fulfillment of the contract, compensation and the
disputes and mutual rights between contractors under the Specifications.
9. If the contractor fails to begin providing the services within the specified
time, or fails to perform these services in accordance with the terms of the
approved schedule or performs the services in a manner unacceptable to
the Village, or if the contractor becomes insolvent or is declared bankrupt,
or makes an assignment for the benefit of creditors, or from any other
cause fails to perform the required services in a manner required by the
contract, the Village shall give notice 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, does not proceed in accordance therewith, then the Village
shall have the full power and authority to declare the contract and the
contractor in default, and to forfeit the rights of the contractor in the
contract.
10. All costs and charges incurred by the Village, together with the cost of
performing the required services shall be deducted from any monies due
or which may become due to the contractor under the 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 the
performance of required services during the contract period, 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 performance of the required services under the
contract, the contractor and the surety shall be liable and shall pay to the
Village the full cost of such additional expenses.
B. Performance of the Required Services
1. The contractor shall exercise every precaution at all times for the
protection of persons and properties. The safety provisions of all
applicable laws and ordinances shall be strictly observed. Any practice
obviously hazardous, in the opinion of the Chief Technology and
Innovation Officer or his authorized representative, shall be immediately
discontinued by the contractor upon his receipt of instructions from the
Chief Technology and Innovation Officer or an authorized representative
to discontinue such practice.
2. The performance of services under the contract includes the furnishing of
all supervision, labor, materials, tools, equipment and incidentals of every
kind and description necessary, in accordance with the contract
documents.
3. The performance of services shall be subject at all times to inspection by
the Village or its inspectors, and the contractor will be held strictly to the
diligent execution of the contract. The Village or its inspectors shall be
18
furnished with such information and assistance by the contractor as is
required to make a complete and detailed inspection. Completed
performance of services not complying with the contract may be rejected
by the Village and shall be performed again by the contractor at no
expense to the Village.
4. Except where the Specifications indicate otherwise, the Village is not
responsible for providing any tools, equipment, or storage under the
contract in order to permit the completion of any contractual obligations
under the contract.
5. The contractor shall provide an adequate number of competently trained
personnel with sufficient supervision to perform the services required, and
the contractor shall provide identification of its personnel if requested by
the Village. Any contractor's employee or representative whose
employment is reasonably detrimental or objectionable to the Village shall
be transferred immediately from the work site upon the Village's request.
The exercise of this option shall not be construed as placing the Village in
charge of the performance of the services required under the contract, or
as making the Village responsible for safety. All tools or equipment
required to carry out the operations within the scope of the contract shall
be provided by the contractor and shall meet the standards of OSHA and
the State of Illinois safety codes as may be required by law. The Village
reserves the right to inspect the equipment that will be used prior to the
award of the proposal.
6. 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 competent in the English language.
C. Bond; Insurance; Indemnification
1. Performance 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°/x) of the proposal for the faithful
performance of the Contract and to indemnify the Village against loss.
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 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 proposal bond/Letter of Credit to the
19
Village as liquidated damages and not as a penalty, and the termination of
the contract and/or withdrawal of the award.
2. Labor and Material Payment Bond. Upon submission of the executed
contract to the Village, Contractor shall furnish to the Village a labor and
materials bond in the amount one hundred and ten percent (110°/x) of the
proposal 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 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
proposal bond/Letter of Credit to the Village as liquidated damages and
not as a penalty, and the termination of the contract and/or withdrawal of
the award.
3. Insurance Requirements. In the submission of a proposal, the proposer is
certifying that it has all the insurance coverage required by law or that
would normally be expected for the proposer 's type of work. In addition,
the proposer is certifying that, as the successful proposer /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 an additional insured on all
applicable insurance policies. Satisfactory certificates of insurance shall
be filed with the Village upon execution of the contract. The certificates
shall state that thirty (30) days advance written notice will be given to the
Village before any policy covered thereby is changed or canceled.
Insurance coverage shall be in the following minimum amounts:
Limit/ Limit/
Type of Insurance Ea. Occurrence Aggregate
General Liability
Bodily Injury $1,000,000 $3,000,000
Property Damage $1,000,000 $3,000,000
Contractual Ins. $1,000,000 $3,000,000
Automobile Liability
Bodily Injury $1,000,000 $1,000,000
Property Damage $1,000,000 $1,000,000
20
Workers Compensation
Employee Claims Statutory for Illinois
Employers Liability $1,000,000 per accident
4. Indemnification. The contractor shall indemnify and save harmless the
Village, its officers, employees and agents from any and all liability, losses
or damages, including attorney's fees and costs of defense, the Village
may suffer as a result of claims, demands, suits, actions or proceedings of
any kind or nature, including workers' compensation claims, in any way
resulting from or arising out of the operations of the contractor under the
contract, including operations of subcontractors; and the contractor shall,
at his own expense, appear, defend and pay all attorney's fees and all
costs and other expenses arising therefrom or incurred in connection
therewith; and, if any judgments shall be rendered against the Village in
any such action, the contractor shall, at his own expense, satisfy and
discharge same. The contractor expressly understands and agrees that
any bonds, letters of credit or insurance protection required by the
contract, or otherwise provided by the contractor, shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the
Village as herein provided.
The contractor agrees to defend and hold harmless the Village from and
against all demands, claims, suits, costs, expenses, damages and
adjustments based upon any infringement of any patent relating to goods
specified in the contract, and on account of the Village's use of any
copyrighted or uncopyrighted, composition, trade secrets, secret process,
proprietary rights, patented or unpatented invention, article or appliance
furnished or used under the proposal Specifications.
D. Compliance with Laws
1. If, at any time, it shall be found that the person, firm or corporation
to whom the contract has been awarded has, in presenting any
proposal or proposals, unlawfully colluded with any other party or
parties, then the contract so awarded shall be null and void, and the
consultant and his sureties shall be liable to the Village for all loss
or damage which the Village may suffer thereby, and the Village
may advertise for new proposals for performance of the required
services.
2. 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 court order.
21
The proposer and contractor, as the successful proposer, shall
comply with all applicable federal, state and local laws, including,
but not limited to, the following:
a. Proposal Rigging/Rotating. By submitting a proposal, 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 proposal rigging or proposal rotating
provisions contained in 720 ILCS 5/33E-3 & 33E-4.
b. Tax Payment. The contractor certifies that it is not
delinquent in the payment of any taxes to the Illinois
Department of Revenue pursuant to 65 ILCS 5/11-42.1-1.
G. 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 pursuant
to 30 1 LCS 580, et seq.
d. Preference to Veterans Act. The contractor will comply with
the Preference to Veterans Act, 330 ILCS 55, et seq.
f. Non-Discrimination. The contractor will comply with the
Illinois Public Works Employment Discrimination Act, 775
1 LCS 10/1, et seq.
g. 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 that
will be produced to the Village upon request, and the Rules
and Regulations of the Illinois Department of Human rights,
including the EQUAL EMPLOYMENT OPPORTUNITY
CLAUSE, that is a material term of all public contracts, as
set forth in Exhibit B.
h. 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 has contracted. The Village will
have only a very short time from receipt of a FOIA request to
comply with the request and there is a significant amount of
work required to process a request including collating and
reviewing the information. The proposer /contractor
acknowledges the requirements of FOIA and agrees to
comply with all requests made by the Village for public
records (as that term is defined by Section 2(c) of FOIA) in
the undersigned's possession and to provide the requested
22
public records to the Village within two (2) business days of
the request being made by the Village. The proposer
/contractor agrees to indemnify and hold harmless the
Village from all claims, costs, penalties, losses and injuries
(including but not limited to, attorneys fees, other
professional fees, court costs and/or arbitration or other
dispute resolution costs) arising out of or relating to its failure
to provide public records to the Village under the contract.
E. Work Guaranty
1. Retainage. The Village shall retain 10% from the payment on each
invoice. Upon final completion of work that is to be accepted by the
Village, and upon the presentation of a final invoice, the Village shall
pay the amount it has retained.
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 proposal. Warranty
work shall be at no additional expense to the Village.
Manufacturer warranties and guaranties shall be submitted with the
proposal and shall be considered a part of the contract where such
specifications meet the minimum proposal Specifications.
23
F. 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 the 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 proposal.
24
EXHIBIT A
(Upon award of contract, to be
attached to Fiber Optic Cable
Design and Build Contract as
Exhibit A)
PROPOSAL FORM A
Village of Mount Prospect
Fiber Optic Cable Design and Build Contract
OWNER INFORMATION
Owner Name:
Address:
Business Name:
Business Address:
Home Phone: Business Phone:
This Business is a: ❑ Individual Proprietorship
❑ Joint Venture
❑ Partnership
❑ Corporation
If applicable, give names, addresses, and dates of birth of all partners, officers or directors.
Name Address
25
Has the applicant, business, or member of the business ever had a
license or contract revoked, suspended or cancelled? ❑ YES ❑ NO
If yes, explain in full detail on a separate sheet of paper.
Does the business currently hold a license or have a contract with any other municipality for
service? ❑ YES ❑ NO
If yes, explain in full on a separate sheet of paper. Have any complaints against the business
been filed with the Illinois Commerce Commission, the Office of the Illinois Attorney General, or
any other governmental body during the period of one year prior to the date of this proposal?
❑ YES ❑ NO
If yes, explain in full on a separate sheet of paper.
Please note, the Village reserves the right to conduct its own search with the Illinois
Commerce Commission, the Illinois Attorney General, or any other governmental body,
and may take into consideration any complaints and/or pending complaints made against
the business or owner.
Services will be either full service cleaning, both inside and outside, or just outside cleaning.
In submitting this Proposal Form requesting award of the Village of Mount Prospect Fiber Optic
Cable Design and Build Contract, I hereby certify that:
In submitting this Proposal Form requesting award of the Village of Mount Prospect Fiber Optic
Cable Design and Build Contract, I hereby certify that:
1. Neither I, nor any person who will be working on my behalf, has been convicted under the
laws of Illinois or any other state of an offense which under the laws of this state would be a
felony involving the theft of property, violence to persons, or criminal damage to property.
Please note that in the case of a person whose last conviction was more than two years
past, and can demonstrate a compelling showing that he/she is nevertheless fit, such
person or operator may be approved by the Village Manager if otherwise eligible;
2. 1 am not barred by law from contracting with the Village because of a conviction for prior
violations of either Sections 33E-3 or 33E-4 of the Illinois Criminal Code of 1965 (720 ILCS
5/33E-3 (Proposal Rigging) or 720 ILCS 5/33-4 (Proposal Rotating));
3. 1 am not delinquent in payment of any taxes to the Illinois Department of Revenue pursuant
to Section 11-42.1-1 of the Illinois Municipal Code (65 ILCS 5/11-42.1-1) or in any payment,
fee or tax owed to the Village;
4. 1 provide a drug free workplace pursuant to the Drug Free Workplace Act (30 ILCS 580/1, et
sem); —
5. 1 shall comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et seg.),
and the Rules and Regulations of the Illinois Department of Human Rights, including
establishment and maintenance of a sexual harassment policy as required by Section 2-105
of that Article and Act;
26
6. 1 shall comply with the Americans with Disabilities Act;
T. 1 shall comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1
et seq.); and
8. All the information I have provided in this Application has been truthful and given in
good faith.
I have read and understand the information provided with this Proposal Form, including
the Notice to Proposers, Instructions to Proposer, the General Conditions, the
Specifications and the Fiber Optic Cable Design and Build Contract, and agree to abide
by the conditions set forth therein. My signature below indicates my acceptance of all
such conditions and my proposal for award of the Village of Mount Prospect Fiber Optic
Cable Design and Build Contract.
Name of Company
Proposal Submitted By
Position in Company
Phone No. Date
Proposer must use the official firm name and authorized representative must sign.
27
PROPOSAL FORM B
Fiber Optic Cable Design and Build Contract Village of Mount Prospect
FROM:
(hereinafter called "Proposer ")
TO: Office of the Village Manager, 3rd Floor
50 South Emerson Street
Mount Prospect, Illinois 60056
(hereinafter called "Village" or "Village of Mount Prospect")
Fiber Optic Cable Design and Build Contract
The Proposers have familiarized themselves with the services to be performed and
probable work conditions required under this Proposal affecting the cost of the
performance of the required services and with the Proposal Documents which include:
NOTICE TO PROPOSERS
PROJECT SCOPE
INSTRUCTIONS TO PROPOSERS
PROPOSAL SPECIFICATIONS
GENERAL CONDITIONS
EXHIBIT A
EXHIBIT B
EXHIBIT C
Therefore, the Proposer hereby proposes to furnish all supervision, technical personnel,
labor, materials, tools, equipment, and services (including all utility and transportation
services) required to perform the required services, all in accordance with the above
listed documents.
Proposer agrees to perform all of the required services and provide the equipment and
materials described in the Proposal Documents, as follows:
Proposer has has provided a price for all requested services. The Proposer
acknowledges it understands all the requested services for which it has submitted a
proposal.
The Proposer will complete and provide all labor, equipment, materials and mobilization
(if applicable) to perform the required services as incidental to the fixed item price for
each item proposed.
In submitting this proposal, the Proposerunderstands that the Village reserves the right
to add to or subtract from the estimated quantities.
The Village intends to award one (1) contract (if at all) for the items proposal. If written
notice of award of this proposal is mailed, emailed or otherwise delivered to the
28
Proposer at any time before this proposal is withdrawn, the Proposer 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 Proposal
Documents to the Village within ten (10) business days after receipt.
The Proposer, and as successful proposer /contractor upon award of the contract,
understands and agrees to the following:
1) The contractor agrees to provide all required services and items and material to the
Village as noted in the Proposal Documents and comply with the requirements of the
Proposal Documents.
2) The contractor agrees to comply with all applicable federal and state laws, rules and
regulations, and county and municipal ordinances, as described in the General
Conditions.
All Addenda pertaining to this project shall be acknowledged by the Proposer in the
spaces provided below:
Addendum No. Addendum-Date Acknowledgement by Proposeror Date
Authorized Representative Acknowledged
Failure to acknowledge receipt, as provided above, may be considered sufficient
grounds for disqualification of the proposer and rejection of his/her proposal submittal.
A record of all Addenda and copies of same will be available to all qualified Proposers
from the Village of Mount Prospect Chief Technology and Innovation Officer, 50 S.
Emerson Street, Mount Prospect, Illinois two (2) days prior to the letting. It shall be the
Proposer 's responsibility to become fully advised of all Addenda prior to submitting its
proposal.
Upon award of the contract, the Village will send Notice of Award to the successful
Proposer, the Proposer must then execute the contract and provide the required bonds
or letter of credit and certificate of insurance to the Village within ten (10) business days.
The Village will then issue a written Notice to Proceed. Failure to complete the work in
the designated time frame may result in the Village of Mount Prospect 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.
29
This Proposal Submittal contains the following:
1) Proposal Form
2) Affidavit— Proposal Certification Form
3) PROPOSAL SHEET(S) — Fiber Optic Cable Design and Build Contract
Respectfully submitted:
Name of Firm/Proposer :
By:
(Signature)
Title:
Date:
Contact Information:
Official Address:
Telephone:
Email•
ONE (1) SIGNED COPY OF THIS PROPOSAL FORM AND PROPOSAL SHEETSALONG WITH THE
AFFIDAVIT - PROPOSAL CERTIFCATION FORM, AND PROPOSAL SECURITY SHALL BE
SUBMITTED IN A SEALED MARKED ENVELOPE.
30
AFFIDAVIT — PROPOSAL CERTIFICATION FORM
Proposer :
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 proposal is genuine and not collusive or a sham, that
said proposerhas not colluded, conspired, connived or agreed, directly or indirectly, with
any proposeror person, to put in a sham proposal or to refrain from proposing, and has
not in any manner, directly or indirectly, sought by agreement or collusion, or
communication or conference with any person, to fix the proposal price element of this
proposal, or of that of any other proposer, or to secure any advantage against any other
proposer or any person interested in the proposed contract.
Section II Proposal Rigging and Rotating
The undersigned further states that
(Name of Company)
is not barred from proposing or contracting as a result of a conviction for violations of
state laws prohibiting proposal rigging or proposal rotating or any similar offense of any
state of the United States, as provided in Sections 33E-3 and 33E-4 of the Illinois
Criminal Code, 720 ILCS 5/33E-3, 33E-4.
Section III Drug Free Workplace
The undersigned further states that
(Name of Company)
provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 ILCS
580/1, et seq., and has, to the extent not covered by a collective bargaining agreement
that deals with the subject of the Substance Abuse Prevention in Public Works Projects
Act, 820 ILCS 265/1 et seq., a substance abuse prevention program that meets or
exceeds these requirements of that Act.
Section IV Tax Payment
The undersigned further states that is
(Name of Company)
31
not delinquent in payment of any taxes to the Illinois Department of Revenue, in
accordance with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned
understands that making a false statement regarding delinquency in taxes is a Class A
Misdemeanor and, in addition, voids the contract and allows the municipality to recover
all amounts paid to the individual or entity under the contract in civil action.
Section V Sexual Harassment Policy
Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A),
every party to a public contract must:
"Have written sexual harassment policies that shall include, at a minimum, the following
information: (1) the illegality of sexual harassment; (11) the definition of sexual
harassment under State law; (III) a description of sexual harassment, utilizing examples;
(IV) the proposer'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 proposer to receive payment under any
award made under the terms and provisions of this proposal.
The undersigned certifies that all information contained in this Affidavit is true and
correct.
Signed by: Title:
Signature
Name Printed:
Signed and sworn to before me this day of , 2019.
My commission expires:
Notary Public
32
PROPOSALSHEET
Fiber Optic Cable Design and Build
The undersigned herewith submits a proposal on Fiber Optic Cable Design and Build
Contract in accordance with the attached documents. All proposals are to be delivered
to the office of the Village Manager at 50 South Emerson Street 3rd Floor, Mount
Prospect, Illinois, 60056, prior to 3:00p.m. central on August 2, 2019.
SCHEDULE OF PRICES
Proposer must provide a fixed not to exceed total cost for the project. Project cost
should include, but not limited to, the cost of all labor, material and required permits.
The proposer must also include a detailed bill of material and a rate card for
construction functions.
Proposer should provide a list of material, equipment or work activity that the Proposer
assumes the Village will provide.
Bill of Material
Item Unit Quantity Unit Price $ Ext. Cost $
Conduit/Pull Wire
Fiber Optic Cable
Hand Holes
Ground rods
Splice Cases
Patch Panel
Fiber Connectors
(add other)
Material Total
Labor
Item Unit Quantity Unit Price $ Ext. Cost $
Design and
Documentation
Pull conduit
Fiber Install
Interior, installation
Flaggers
Traffic Control
(Add other)
Labor Total
33
Total Fiber Optic Cable Design and Build Price: $
Submitted this day of
Mark outside of envelope: " Total Fiber Optic Cable Design and Build," and deliver to
the Village Manager's office at 50 South Emerson Street 3rd Floor, Mount Prospect,
Illinois, 60056, by 3:00 p.m., July 31, 2019.
Name of Company/Firm
Address of Company/Firm
By:
Phone:
Date submitted: , 2019
Also note any exceptions to the specifications.
COMPANY OWNER
ADDRESS CITY, STATE, ZIP PHONE #
2019
SIGNATURE DATE
Note: All proposals to remain firm for thirty (90) days. Be sure to mark the
outside of the envelope, "Sealed Proposal for Fiber Optic Cable Design and
Build."
34
Proposer's Route Drawing
Responder provides a map or drawing showing the proposed route, location of hand
holes, and identifies construction method (for example Directional Bore vs. Open
Trench).
Upon completion of the project, the proposer will provide the Village with As Built
drawings showing paths and depths of the boring, hand holes, splice locations and
other relavent information.
35
References
Vendors shall include with their proposal, on a separate attachment to the proposal, the
names of three (3) references regarding their qualifications by experience, ability,
personnel and equipment to perform the services required by the proposal
specifications. Each reference should be for a similar fiber optic project with a $100,000
value or greater.
Reference 1:
Company Name
Address:
Contact Person:
Phone:
Email
Brief Project Description
Approximate Project Value:
Reference 2:
Company Name
Address:
Contact Person:
Phone:
Email
Brief Project Description
Approximate Project Value:
Reference 1:
Company Name
Address:
Contact Person:
Phone:
Email
Brief Project Description
Approximate Project Value:
36
EXHIBIT B
VILLAGE OF MOUNT PROSPECT
Fiber Optic Cable Design and Build Contract
THIS AGREEMENT (hereinafter the "Contract") is entered into by and between the
Village of Mount Prospect, an Illinois home rule municipality (hereinafter the "Village"),
and , an located at
Illinois, (hereinafter the "Contractor").
1. GENERAL As stated in the proposal document.
2. SPECIFICATIONS As stated in the proposal document.
3. CONTRACTOR RESPONSIBILITY FOR PROPERTY/HOLD HARMLESS
Contractor agrees to defend and hold harmless the Village from and against all
demands, claims, suits, costs, expenses, damages and adjustments based upon
any infringement of any patent relating to goods specified in the contract, and on
account of the Village's use of any copyrighted or uncopyrighted, composition,
trade secrets, secret process, proprietary rights, patented of unpatented
invention, article or appliance furnished or used under the proposal
Specifications.
4. ADHERENCE TO LAWS
Employees and agents of Contractor shall obey all federal, state, county and
municipal laws and ordinances during the execution of their duties under this
Contract. The existence of this Contract does not exempt such individuals from
compliance with such laws or ordinances, nor does it convey any special rights or
privileges upon those individuals.
Contractor shall meet all applicable licensing requirements of the Village.
In addition, Contractor is required to comply with all federal, state, county and
municipal laws and ordinances, including the following:
a. Provide a drug free workplace pursuant to the Illinois Drug Free
Workplace Act (30 ILCS 580/1, et seq.);
b. Comply with the Illinois Public Works Employment Discrimination Act (775
ILCS 10/1 et seq.);
C. Comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101 ,
et seq.), and the Rules and Regulations of the Illinois Department of
Human Rights, including establishment and maintenance of a sexual
harassment policy as required by Section 2-105 of that Article and Act;
37
d. Comply with the Americans with Disabilities Act; and
e. Comply with the provisions of the EQUAL EMPLOYMENT
OPPORTUNITY CLAUSE required by the Illinois Department of Human
Rights as a material term of all public contracts, which states as follows:
Title 44, Part 750, Section 750, APPENDIX A , Illinois Administrative Code,
Equal Employment Opportunity Clause
EQUAL EMPLOYMENT OPPORTUNITY
In the event of contractor's non-compliance with the provisions of this Equal
Employment Opportunity Clause, the Illinois Human Rights Act or the Rules and
Regulations of the Illinois Department of Human Rights ("Department"),
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 such 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 it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, marital status, national origin or
ancestry, age, physical or mental handicap unrelated to ability, or an unfavorable
discharge from military service; and further that it will examine all job
classifications to determine if minority persons or women are underutilized and
will take appropriate affirmative action to rectify any such underutilization.
2) That, if it hires additional employees in order to perform this contract or
any portion thereof, it will determine the availability (in accordance with the
Department's Rules) of minorities and women in the area(s) from which it may
reasonably recruit and it will hire for each job classification for which employees
are hired in such a way that minorities and women are not underutilized.
3) That, in all solicitations or advertisements for employees placed by it or
on its behalf, it will state that all applicants will be afforded equal opportunity
without discrimination because of race, color, religion, sex, marital status,
national origin or ancestry, age, physical or mental handicap unrelated to ability,
or an unfavorable discharge from military service.
4) That it will send to each labor organization or representative of workers
with which it has or is bound by a collective bargaining or other agreement or
understanding, a notice advising such labor organization or representative of the
contractor's obligations under the Illinois Human Rights Act and the Department's
Rules. If any such labor organization or representative fails or refuses to
cooperate with the contractor in its efforts to comply with such Act and Rules, the
contractor will promptly so notify the Department and the contracting agency and
will recruit employees from other sources when necessary to fulfill its obligations
thereunder.
38
5) That it will submit reports as required by the Department's Rules, 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 Illinois Human
Rights Act and the Department's Rules.
6) That it will permit access to all relevant books, records, accounts and
work sites by personnel of the contracting agency and the Department for
purposes of investigation to ascertain compliance with the Illinois Human Rights
Act and the Department's Rules.
7) That it will include verbatim or by reference the provisions of this clause
in every subcontract it awards under which any portion of the contract obligations
are undertaken or assumed, so that such provisions will be binding upon such
subcontractor. In the same manner as with other provisions of this contract, the
contractor will be liable for compliance with applicable provisions of this clause by
such subcontractors; and further it will promptly notify the contracting agency and
the Department in the event any subcontractor fails or refuses to comply
therewith. In addition, the contractor will not utilize any subcontractor declared
by the Illinois Human Rights Commission to be ineligible for contracts or
subcontracts with the State of Illinois or any of its political subdivisions or
municipal corporations.
With respect to the two types of subcontracts referred to under paragraph 7 of
the Equal Employment Opportunity Clause above, following is an excerpt of
Section 750.30 of the Department of Human Right's Rules and Regulations for
Public Contracts:
Title 44, Part 750, Section 750.30, Illinois Administrative Code,
Subcontracts
Each public contractor and subcontractor shall in turn include the Equal
Employment Opportunity Clause set forth in Appendix A of this Part in each of its
subcontracts under which any portion of the contract obligations are undertaken
or assumed, said inclusion to be either verbatim or by reference so that the
provisions of the clause will be binding upon such subcontractors.
5. FEE SCHEDULE
The charges to be assessed by Contractor under this Contract are set forth in the
fee schedule contained in Exhibit A.
6. LOG BOOK, RECORDS & REPORTS REQUIRED
The Contractor shall provide the Village with a written status report on its
provision of services required by the Contract. This report shall be due before the
tenth day of the following month.
7. METHODS OF PAYMENT
Payment under the Contract will be made in accordance with the Illinois Local
Government Prompt Payment Act, 50 ILCS 505/1 et seq.
39
8. HOLD HARMLESS AGREEMENT (CONTRACTUAL LIABILITY)
Contractor assumes full responsibility for the acts and omissions of its employees
and agents while engaged in performing services under the Contract. Contractor
agrees, to the greatest extent permitted by Illinois law, to protect, indemnify, save
and hold forever harmless the Village, its officers, appointed and elected officials,
Mayor and Board of Trustees, employees, volunteers, attorneys and agents from
and against any and all liabilities, obligations, claims, losses, damages, penalties,
and costs and expenses resulting from any suit, claim, demand, judgment, or
cause of action initiated by any person, including Contractor and its officers,
officials, employees, subcontractors, volunteers and agents, arising out of,
connected with, or in any way associated with the performance of services
covered by this Contract or the equipment used in connection therewith.
9. CONTRACTOR'S LIABILITY INSURANCE
Contractor shall not commence with the performance of services under this
Contract until it has obtained all insurance required hereunder and such
insurance has been approved by the Village. Certificates of such insurance shall
be filed with the Village prior to commencing work. Additionally, Contractor will
provide the Village with a letter from the insurance carrier that the Village will be
notified within thirty (30) days of the pending cancellation of any policy relating to
this Contract.
Each insurance company shall be subject to approval by the Village, and the
respective policies shall name the Village as an additional named insured.
Approval of the insurance by the Village shall not relieve or decrease the liability
of Contractor hereunder. Such insurance is primary and in no event will be
considered contributory to any insurance purchased by the Village. Such
insurance will not be canceled, reduced, or materially changed without providing
the Village thirty (30) days advance written notice, via certified mail.
Contractor shall maintain all insurance required under subsections a through h of
this Section for not less than one (1) year after completion of this contract.
10. CONTRACT TERMINATION
The Village and Contractor reserve the right to terminate the Contract at any time
upon ten (10) days advance written notice to the other party. In addition to the
provisions set forth in Section General conditions (A,6) for immediate termination,
failure of Contractor to perform any aspect of this Contract properly and/or to
provide proper treatment to the general public, in the sole discretion of the
Vilage, is cause for immediate termination of the Contract without prior notice.
11. LENGTH OF CONTRACT
This Contract shall be in effect beginning , 2019, and shall remain in effect
until , 2020, unless terminated by either party under the conditions
specified in Section 10, Contract Termination. The Contract may be extended for
up to one (1) year period beyond the termination date by mutual, written
agreement between the Village and the Contractor.
40
12. COMPLIANCE WITH FREEDOM OF INFORMATION ACT REQUEST
The Illinois Freedom of Information Act (FOIA), 5 ILCS 140/1 et seq., applies to
public records in the possession of a party with whom the Village has contracted.
The Village will have only a very short period of time from receipt of a FOIA
request to comply with the request, and there is a significant amount of work
required to process a request including collating and reviewing the information.
Contractor acknowledges the requirements of FOIA and agrees to comply with all
requests made by the Village for public records (as that term is defined by
Section 2(c) of FOIA) in its possession and to provide the requested public
records to the Village within two (2) business days of the request being made by
the Village. Contractor agrees to indemnify and hold harmless the Village from all
claims, costs, penalty, losses and injuries (including but not limited to, attorney's
fees, other professional fees, court costs and/or arbitration or other dispute
resolution costs) arising out of or relating to its failure to provide the public
records to the Village under this Contract.
13. Contractor shall not assign this Contract or any part thereof without the prior
written consent of the Village. Approval, if any, for such assignment shall be
made by the Corporate Authorities of the Village. This Agreement shall be
binding upon and inure to the benefit of the parties hereto and their respective
assigns, legal representatives and successors in interest.
14. GOVERNING LAW
This Contract shall be governed by and construed in accordance with the laws of
the State of Illinois and applicable federal law. Venue shall only be proper in a
court of competent jurisdiction located within the County of Cook, Illinois.
15. SEVERABILITY
The invalidity or unenforceability of one or more of the terms or provisions
contained in this Contract shall not affect the validity or enforceability of the
remaining terms and provisions of this Contract so long as the material purposes
of this contract can be determined and effectuated.
16. INTERPRETATION
Any headings of the Contract are for convenience of reference only and do not
define or limit the provisions thereof. Words of gender shall be deemed and
construed to include correlative words of other genders. Words importing the
singular shall include the plural and vice versa, unless the context shall otherwise
indicate. All references to any person or entity shall be deemed to include any
person or entity succeeding to the rights, duties and obligations of such person or
entity succeeding to the rights, duties and obligations of such person or entity in
accordance with the terms and conditions of the Contract.
41
17. WAIVER OF BREACH
If either party waives a breach of any provision of this Contract by the other party,
that waiver will not operate or be construed as a waiver of any subsequent
breach by either party or prevent either party from enforcing such provisions.
18. MERGER - AMENDMENT
This Contract sets forth the entire understanding of the parties relative to the
subject hereof and supersedes any and all prior agreements, express or implied,
oral or written. No amendment or modification of this Contract shall be effective
unless reduced to writing and executed by the parties.
19. COUNTERPARTS
This Contract may be executed in several counterparts each of which shall be an
original and all of which shall constitute but one and the same instrument.
20. EFFECTIVE DATE
The Effective Date of this Contract shall be the date executed by the Village
President, and attested by the Village Clerk.
In Witness thereof, the said parties have executed and signed this contract
on , 2019.
VILLAGE OF MOUNT PROSPECT, an
Illinois Municipal Corporation
BY:
Attest:
Karen Agoranos, Village
Clerk
Corporate Name:
BY:
Its
Attest:
Secretary
(Corporate Seal)
42
VILLAGE OF MOUNT PROSPECT
PERFORMANCE BOND
Bond No.
Principal Amount:
Contract:
KNOWN ALL MEN BY THESE PRESENTS, that Contractor
,as
Principal (hereinafter "Contractor"), and , with main
office at a corporation of the
state of as Surety (hereinafter "Surety"), are held and firmly bound unto
the Village of Mount Prospect, an Illinois municipal corporation (hereinafter "Village"), in the
penal sum of Dollars ($ ), lawful money
of the United States, for the payment of which, we bind ourselves, our heirs, executors,
administrators, successors and assigns,jointly and severally, firmly by these presents.
WHEREAS, Contractor has entered into a written agreement with the Village dated
(hereinafter "Contract"), for the construction of
in accordance with the drawings and specifications prepared by:
(Village of Mount Prospect or architect/engineer), which Contract is incorporated herein and
made a part hereof.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor
shall fully, promptly and completely discharge the Contract and all duly authorized modifications,
alterations, changes, or additions to said Contract as may hereafter be made, and during the life
of any guaranty required under the Contract, and, if Contractor shall fully secure and protect the
Village from all liability and from all loss or expense of any kind, including all court costs and
attorneys' fees made necessary or arising from the failure, refusal or neglect of Contractor to
comply with all obligations assumed by Contractor in connection with the performance of the
Contract and all such modifications, alterations, changes, or additions, then this obligation shall
be null and void; otherwise it shall remain in full force and effect.
Upon receipt of written notice from the Village that the Contractor is in default, and
performance by the Village of its obligations under the Contract, Surety will promptly (1) remedy
the default; (2) arrange for the performance of Contractor's obligations under the Contract
through the use of qualified contractors acceptable to the Village; or (3) notify the Village that it
may hire a contractor to complete Contractor's obligations under the Contract. Surety will
promptly notify, in writing, the Village of which option it is exercising. Failure of the Surety to
elect an option within fifteen (15) days of receipt of the notice from the Village shall constitute
authorization to the Village to complete the improvements at Surety's expense.
The balance of the contract price shall be credited against the cost of completing and/or
correcting the Contractor's performance under the Contract. If the cost exceeds the balance of
the contract price, the Surety shall pay the excess amount to the Village, up to a maximum of
the principal amount of this Bond. If the Surety arranges for completion and/or correction or
remedies the default, the balance of the contract price that is required to complete, correct or
remedy the default shall be paid by the Village to Surety. Surety will be responsible, up to the
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,
43
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 Surety
By: By:
Signature Officer Of The Surety
Title Title
ATTEST: Address:
Corporate Secretary (corporations only)
NOTARY
STATE OF
COUNTY OF
I, a Notary Public in and for said county, do hereby
certify that
(Insert Name of Attorney-In-Fact for Surety)
who is personally known to me to be the same person whose name is subscribed to the
foregoing instrument on behalf of Surety, appeared before me this day in person and
acknowledge respectively that he/she signed, sealed, and delivered said instrument as his/her
free and voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of 201_
Notary Signature: My Commission expires:
44
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 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
45
claimant and stating the total amount due and unpaid as of the date of the verified notice. No
defect in the notice herein provided for shall deprive the claimant of its right of action under
the terms and provision of this Bond unless it shall affirmatively appear that such defect has
prejudiced the rights of an interested party asserting the same.
3. No action shall be brought on this Bond later than one year after the date of the last item of
work or of the furnishing of the last item of materials. Such suit shall be brought only in the
circuit court of the State in the judicial district in which the Contract is to be performed.
4. The Village shall not be liable for the payment of any costs or expenses of any such lawsuit,
and the Village does not have any obligations to any Claimants who make claims on this
Bond. Surety will pay for all such claims, and for all costs and expenses of any such lawsuit,
up to a maximum of the amount of this Bond.
Surety hereby expressly agrees that no extension of time, change, modification, alteration,
deletion, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract,
or to the work to be performed thereunder, shall in any way affect the obligation of this Bond; and it does
hereby waive notice of any such extension of time, change, modification, alteration, deletion, or addition
to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be
performed thereunder.
Surety's obligations hereunder are independent of the obligations of any other surety for the
payment of claims of laborers, workmen, mechanics, material suppliers, and other persons in connection
with the Contract; and suit may be brought against Surety and such other sureties, jointly and severally,
or against any one or more of them, or against less than all of them without impairing the Village's rights
against the others. Any payment by the Surety made in good faith pursuant to this Bond shall reduce the
principal amount of this Bond.
Signed and sealed this day of 201_
Contractor Surety
By: By:
Signature Officer Of The Surety
Title Title
ATTEST: Address:
Corporate Secretary(corporations only)
NOTARY
STATE OF
COUNTY OF
I, a Notary Public in and for said county, do hereby
certify that
(Insert Name of Attorney-In-Fact for Surety)
who is personally known to me to be the same person whose name is subscribed to the foregoing
instrument on behalf of Surety, appeared before me this day in person and acknowledge respectively that
he/she signed, sealed, and delivered said instrument as his/her free and voluntary act for the uses and
purposes therein set forth.
Given under my hand and notarial seal this day of 201_
Notary Signature: My Commission expires:
(Attach Surety's Power of Attorney)
46
EXHIBIT C
Building Location Map
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Village Hall 50 S. Emerson
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Fire Headquarters 111 E. Rand Road
47
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48
Building Access Photo
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Village Hall Hand Hole
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Exposed Ceiling Run in Village Hall Basement
49
to �
100 Illinois St. Ste. 200
Saint Charles, IL 60174 Received On 7/19/2019
Submitted On 8/2/2019
Project Name: Fiber Optic Design/Build On Premise Costs
Street Address: Total Labor: $154,734.20
City, State Zip Code: Mount Prospect Total Materials: $27,646.85
Contact: Andrew Schaffer Total Installation Costs: """$" $1
Contact Phone:
On Premise Labor Estimate
'
2" Directional Bore foot 10120 $ 11.00 $111,320.00
Install Handhole each 13 $ 480.00 $6,240.00
Pull Fiber each 12010 $ 0.92 $11,049.20
Fusion Splice Fibers each 120 $ 65.00 $7,800.00
Engineering and Documentation lump sum 1 $3,800.00 $3,800.00
Prep Splice Cases each 4 $ 500.00 $2,000.00
Mount and Prep Fiber Panels(inside) each 3 $ 500.00 $1,500.00
Interior Installation each 1.5 $2,000.00 $3,000.00
Core and Vac Road(includes traffic setup) each 1 $1,800.00 $1,800.00
Install Ground Rod each 3 $ 75.00 $225.00
Restoration lump sum 1 $4,000.00 $4,000.00
Traffic Control lump sum 1 $2,000.00 $2,000.00
$154,734.20
On Premise Material Estimate
r i� r rvr i� l i '�o;
11 i/i,/i/i/ / i/.. //, / %i,,, / /%/ /ii/%%%// !//% !/i f'//////' i// /0 G '
��ip„ /i//o,. /i, ,r/ �������� /.���,/
2"HDPE w/Pull Rope 10200 $0.82 $8,364.00
Tracer Wire 1 $1,467.00 $1,467.00
Handhole 13 $500.00 $6,500.00
E-Loc 20 $10.00 $200.00
Fiber Patch Panels 3 $482.00 $1,446.00
Maker Posts 15 $55.35 $830.25
72ct Fiber, Loose Tube,Single Mode,Armored 11000 $0.62 $6,820.00
12ct Fiber, Loose Tube, Single Mode,Armored 1010 $0.36 $363.60
12ct Fiber Pigtail Kit,with SC/UPC Connectors 4 $54.00 $216.00
Fiber B Kits 4 $360.00 $1,440.00
//00 '.; ffl $27,646.85
Total Fiber Optic Cable Design and Build Price: $ 182,381.05
Submitted this 2nd day of August , 2019.
Mark outside of envelope: " Total Fiber Optic Cable Design and Build," and deliver to
the Village Manager's office at 50 South Emerson Street 3rd Floor, Mount Prospect,
Illinois, 60056, by 3:00 p.m., July 31, 2019.
MX Utility Construction
Name of Company/Firm
100 Illinois St. Ste. 200, Saint Charles, IL
Address of Company/Firm
By: Joseph Cosentino
Phone: 630-441-6670
Date submitted: August 2 2019
Also note any exceptions to the specifications.
COMPANY MX Utility Construction OWNER Joseph Cosentino
100 Illinois St. Ste. 200 Saint Charles, IL 60174
630-441-6670
ADDRESS CITY, STATE, ZIP PHONE #
August 2 2019
SIGN URE DATE
Note: All proposals to remain firm for thirty (90) days. Be sure to mark the
outside of the envelope, "Sealed Proposal for Fiber Optic Cable Design and
Build."
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EXHIBIT A
(Upon award of contract, to be
attached to Fiber Optic Cable
Design and Build Contract as
Exhibit A)
PROPOSAL FORM A
Village of Mount Prospect
Fiber Optic Cable Design and Build Contract
OWNER INFORMATION
Owner Name: Joseph Cosentino
Address: 2357 Elm Rd, West Chicago, IL 60185
Business Name: MX Utility Construction
Business Address: 100 Illinois St. Ste. 200, St. Charles, IL 60174
Home Phone: 630-441-6670 Business Phone:: 630-318-3978
This Business is a: ❑ Individual Proprietorship
Joint Venture
Ej Partnership
Q Corporation
If applicable, give names, addresses, and dates of birth of all partners, officers or directors.
Name Address
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Has the applicant, business, or member of the business ever had a
license or contract revoked, suspended or cancelled? ❑ YES ® NO
If yes, explain in full detail on a separate sheet of paper.
Does the business currently hold a license or have a contract with any other municipality for
service? ® YES ❑ NO
If yes, explain in full on a separate sheet of paper. Have any complaints against the business
been filed with the Illinois Commerce Commission, the Office of the Illinois Attorney General, or
any other governmental body during the period of one year prior to the date of this proposal?
❑ YES X❑ NO
If yes, explain in full on a separate sheet of paper.
Please note, the Village reserves the right to conduct its own search with the Illinois
Commerce Commission, the Illinois Attorney General, or any other governmental body,
and may take into consideration any complaints and/or pending complaints made against
the business or owner.
Services will be either full service cleaning, both inside and outside, or just outside cleaning.
In submitting this Proposal Form requesting award of the Village of Mount Prospect Fiber Optic
Cable Design and Build Contract, I hereby certify that:
In submitting this Proposal Form requesting award of the Village of Mount Prospect Fiber Optic
Cable Design and Build Contract, I hereby certify that:
1. Neither I, nor any person who will be working on my behalf, has been convicted under the
laws of Illinois or any other state of an offense which under the laws of this state would be a
felony involving the theft of property, violence to persons, or criminal damage to property.
Please note that in the case of a person whose last conviction was more than two years
past, and can demonstrate a compelling showing that he/she is nevertheless fit, such
person or operator may be approved by the Village Manager if otherwise eligible;
2. 1 am not barred by law from contracting with the Village because of a conviction for prior
violations of either Sections 33E-3 or 33E-4 of the Illinois Criminal Code of 1965 (720 ILCS
5/33E-3 (Proposal Rigging) or 720 ILCS 5/33-4 (Proposal Rotating));
3. 1 am not delinquent in payment of any taxes to the Illinois Department of Revenue pursuant
to Section 11-42.1-1 of the Illinois Municipal Code (65 ILCS 5/11-42.1-1) or in any payment,
fee or tax owed to the Village;
4. 1 provide a drug free workplace pursuant to the Drug Free Workplace Act (30 ILCS 580/1, et
sea.);
5. 1 shall comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et seq.),
and the Rules and Regulations of the Illinois Department of Human Rights, including
establishment and maintenance of a sexual harassment policy as required by Section 2-105
of that Article and Act;
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6. 1 shall comply with the Americans with Disabilities Act;
7., I shall comply with the Illinois Public Works Employment Discrimination Act (775 ILCS 10/1
et seq.); and
8. All the information I have provided in this Application has been truthful and given in
good faith.
I have read and understand the information provided with this Proposal Form, including
the Notice to Proposers, Instructions to Proposer, the General Conditions, the
Specifications and the Fiber Optic Cable Design and Build Contract, and agree to abide
by the conditions set forth therein. My signature below indicates my acceptance of all
such conditions and my proposal for award of the Village of Mount Prospect Fiber Optic
Cable Design and Build Contract.
Name of Company Mx utility Construction
Proposal Submitted By Joseph Cosentino
Position in Company President
Phone No. 630-441-6670 Date $/1/2019
Proposer must use the official firm name and authorized representative must sign.
27
PROPOSAL FORM B
Fiber Optic Cable Design and Build Contract Village of Mount Prospect
FROM: MX Utility Construction
100 Illinois St. Ste. 200
Saint Charles, IL 60174
(hereinafter called "Proposer ")
TO: Office of the Village Manager, 3rd Floor
50 South Emerson Street
Mount Prospect, Illinois 60056
(hereinafter called "Village" or "Village of Mount Prospect")
Fiber Optic Cable Design and Build Contract
The Proposers have familiarized themselves with the services to be performed and
probable work conditions required under this Proposal affecting the cost of the
performance of the required services and with the Proposal Documents which include:
NOTICE TO PROPOSERS
PROJECT SCOPE
INSTRUCTIONS TO PROPOSERS
PROPOSAL SPECIFICATIONS
GENERAL CONDITIONS
EXHIBIT A
EXHIBIT B
EXHIBIT C
Therefore, the Proposer hereby proposes to furnish all supervision, technical personnel,
labor, materials, tools, equipment, and services (including all utility and transportation
services) required to perform the required services, all in accordance with the above
listed documents.
Proposer agrees to perform all of the required services and provide the equipment and
materials described in the Proposal Documents, as follows:
Proposer has has provided a price for all requested services. The Proposer
acknowledges it understands all the requested services for which it has submitted a
proposal.
The Proposer will complete and provide all labor, equipment, materials and mobilization
(if applicable) to perform the required services as incidental to the fixed item price for
each item proposed.
In submitting this proposal, the Proposerunderstands that the Village reserves the right
to add to or subtract from the estimated quantities.
The Village intends to award one (1) contract (if at all) for the items proposal. If written
notice of award of this proposal is mailed, emailed or otherwise delivered to the
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Proposer at any time before this proposal is withdrawn, the Proposer 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 Proposal
Documents to the Village within ten (10) business days after receipt.
The Proposer, and as successful proposer /contractor upon award of the contract,
understands and agrees to the following:
1) The contractor agrees to provide all required services and items and material to the
Village as noted in the Proposal Documents and comply with the requirements of the
Proposal Documents.
2) The contractor agrees to comply with all applicable federal and state laws, rules and
regulations, and county and municipal ordinances, as described in the General
Conditions.
All Addenda pertaining to this project shall be acknowledged by the Proposer in the
spaces provided below:
..........................
Addendum No. Addendum Date Acknowledgement by Proposeror Date
Authorized Representative Acknowledged
Failure to acknowledge receipt, as provided above, may be considered sufficient
grounds for disqualification of the proposer and rejection of his/her proposal submittal.
A record of all Addenda and copies of same will be available to all qualified Proposers
from the Village of Mount Prospect Chief Technology and Innovation Officer, 50 S.
Emerson Street, Mount Prospect, Illinois two (2) days prior to the letting. It shall be the
Proposer 's responsibility to become fully advised of all Addenda prior to submitting its
proposal.
Upon award of the contract, the Village will send Notice of Award to the successful
Proposer, the Proposer must then execute the contract and provide the required bonds
or letter of credit and certificate of insurance to the Village within ten (10) business days.
The Village will then issue a written Notice to Proceed. Failure to complete the work in
the designated time frame may result in the Village of Mount Prospect 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.
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This Proposal Submittal contains the following:
1) Proposal Form
2) Affidavit— Proposal Certification Form
3) PROPOSAL SHEET(S) — Fiber Optic Cable Design and Build Contract
Respectfully submitted:
Name of Firm/Proposer : MX Utility Construction
By: Joseph Cosentino4/4
Title:
President ignature)
Date: $/1/2019
Contact Information:
Official Address: 100 Illinois St. Ste. 200
Saint Charles IL 60,174
Telephone: 630-441-6670
Email: joe@mxutility.net
ONE (1) SIGNED COPY OF THIS PROPOSAL FORM AND PROPOSAL SHEETSALONG WITH THE
AFFIDAVIT - PROPOSAL CERTIFCATION FORM, AND PROPOSAL SECURITY SHALL BE
SUBMITTED IN A SEALED MARKED ENVELOPE.
30
AFFIDAVIT —PROPOSAL CERTIFICATION FORM
Proposer
Company/Firm Name.'. MX Utility Construction
Address: 100 Illinois St. Ste. 200, Saint Charles, IL 60174
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, Joseph Cosentino , being first duly sworn on oath,
deposes and states that he or she is President
(sole owner, partner, joint ventured, President, Secretary, etc.) of
MX Utility Construction and has the authority to make all
(Name of Company)
certifications required by this affidavit.
Section I Non-Collusion
The undersigned certifies that this proposal is genuine and not collusive or a sham, that
said proposerhas not colluded, conspired, connived or agreed, directly or indirectly, with
any proposeror person, to put in a sham proposal or to refrain from proposing, and has
not in any manner, directly or indirectly, sought by agreement or collusion, or
communication or conference with any person, to fix the proposal price element of this
proposal, or of that of any other proposer, or to secure any advantage against any other
proposer or any person interested in the proposed contract.
Section II Proposal Rigging and Rotating
The undersigned further states that MX Utility Construction
(Name of Company)
is not barred from proposing or contracting as a result of a conviction for violations of
state laws prohibiting proposal rigging or proposal 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 MX Utility Construction
(Name of Company)
provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 ILCS
580/1, et seq., and has, to the extent not covered by a collective bargaining agreement
that deals with the subject of the Substance Abuse Prevention in Public Works Projects
Act, 820 ILCS 265/1 et seq., a substance abuse prevention program that meets or
exceeds these requirements of that Act.
Section IV Tax Payment
The undersigned further states that MX Utility Construction is
(Name of Company)
31
not delinquent in payment of any taxes to the Illinois Department of Revenue, in
accordance with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned
understands that making a false statement regarding delinquency in taxes is a Class A
Misdemeanor and, in addition, voids the contract and allows the municipality to recover
all amounts paid to the individual or entity under the contract in civil action.
Section V Sexual Harassment Policy
Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A),
every party to a public contract must:
"Have written sexual harassment policies that shall include, at a minimum, the following
information: (1) the illegality of sexual harassment; (11) the definition of sexual
harassment under State law; (111) a description of sexual harassment, utilizing examples;
(IV) the proposer'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 MX Utility Construction 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 proposer to receive payment under any
award made under the terms and provisions of this proposal.
The undersigned certifies at all information contained in this Affidavit is true and
correct.
Signed by: Title: President
Signature
Name P ° ted: Jo ph Cosentino
Signe and sworn t before me this 2 day of August 2019,
M miss'on a ires:
otary Public
OFFICIAL.SEAT.
CHRISTOPHER JANs
NOTARY PUBLIC STATE OF ILLN01S
MY COMMISSION EXPIRES:04/25/23
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