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HomeMy WebLinkAbout5.4 Motion to reject bids for 2019 Backyard Drainage Program Improvements 9/3/2019 BoardDocs®Pro IL Agenda Item Details Meeting - REGULAR MEETINGI - . Category 5. CONSENT AGENDA Subject i reject i s for 2019 BackyardDrainage r r Improvements Access Public Tye Action (Consent) Preferred to Sep 03, 2019 Absolute Date Sep 03, 2019 Fiscal Impact Recommended Action Reject bids submitted by Mauro Sewer Construction, Inc of Des Plaines, II and Apollo r nclss, Inc. of Lombard, II for 2019 BackyardDrainage r r Improvements. Public Content Information Many properties in Mount Prospect experience recurring backyard flooding after any significant rain event. Often water will pond in their yards and remain there for a considerable length of time. On May 13, 2008, the Village Board authorized Staff to proceed with the Backyard Drainage Program in an effort to assist residents in reducing the backyard flooding they experience when it involves structure flooding. Staff has received requests for assistance through the Backyard Drainage Program for over 400 residential properties. Staff identified 69 of the properties that experience ponding severe enough that floodwaters reach the house foundation. Thus far, 42 properties have benefited from the program. It was projected that the funds available for the 2019 Backyard Drainage Program allow the Village to install the proposed drainage improvements on four (4) more properties. The property owner is required to pay 25% of the cost up to a maximum of $5,000. Staff estimates the average total cost for the improvements to each property to be over $25,000, so the homeowner cost is estimated to be $5,000.00. All the property owners participating in the 2019 Backyard Drainage Program have submitted checks covering their participation in the programs. Bid Plans and biddocuments for this project were prepared by the Engineering Division staff. A Notice to Bidders was postedthe Demandstar website. In addition, the Village sent the Notice to Bidders directly to 13 contractors. mandatory pre-bid ing was held and six ( ) contractors n . The bid was opened and read allowedn August , 2019. The bidders submitted bidons in the amount of 10% of the total bid as required in the bid proposal packet. The bids were checked and found to be accurate. The bidders correctly signed the bids and bids. Below is a summary of the bids. Bidder Total Amount Mauro Sewer Construction,Inc. $184,,985.00 Apollo Trenchless, Inc. $214.,298.00 e e ,Engineer's si to of Probables1$123.,507.00 https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login# 1/2 9/3/2019 BoardDocs®Pro Discussion Only two (2) bids were submitted even though 13 contractors received bid notices. The two bids that were received were 50% higher than the estimated cost and the project budget. Discussions with the contractors that did not bid indicated they could not fit the project into their current schedules and that they did not have enough time to submit a bid. However, six (6) contractors indicated that they would submit a bid if the project was rebid, allowing more time to submit a bid and lengthening the time to complete the project. It is staff's opinion that the bid prices received are inexplicably high. In addition., staff considers the lack of participation in the bidding process atypical to the competitive marketplace for this type of work. Therefore, staff has concluded that the bid results are above budget and too expensive and should be rejected. Alternatives 1. Reject the two (2) bids that were submitted and rebid the project. 2. Action at discretion of Village Board. Staff Recommendation Staff recommends that the bids submitted by,, Mauro Sewer Construction, Inc. and by Apollo Trenchless., Inc. for 2019 Backyard Drainage Program in the amount of $184,985-00 and $214,298.00 respectively be rejected. Staff will lengthen the time to prepare and submit a bid and modify the completion date. Specifications with Details and Plans.pdf (4,002 KB) Apollo Trenchless,, Inc..pdf (634 KB) Mauro Sewer Construction, Inc..pdf (750 KB) Administrative Content Executive Content All items under Consent Agenda are considered routine by the Village or and will be enacted by one motion. There will be no separate discussion of those items unless a Board member or member from the audience so requests, in which the item will be removed from the Consent Agenda and considered in its sequence on the agenda. https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login# 2/2 nt Prosp, Bid R For 20'19 BACKYARD DRAINAGE PROGRAM MANDATORY PRE-BID.- August 19, 2019 -r 10:00 A.M. Local Time BID OPENING. August 26, 2019 1.00 P.M. Local Time Mount Prospect Public Works Department 17001111. Central Road, Mount Prospect, Illinois 60056-2229 1 I NOTICE TO BIDDERS Bid for 2019 Backyard Drainage Program Sealed bids will be received until 1:00 p.m. on August 26, 2019 in the office of the Village Manager, 3rd Floor, 50 S. Emerson Street, Mount Prospect, Illinois 60056, in a separate, sealed envelope please submit bid clearly marked "Sealed Bid for 2019 Backyard Drainage Program". The project includes four (4) locations total. At all locations, the project consists of installing rain gardens (plants excluded) in backyards, drain pipe, catch basins in the right-of-way, and pipe connections to the sewer main. There will be a mandates pre-bid conference at 10:00 a.m. on August 19, 2019 at the Public Works Department office, 1700 West Central Road, Mount Prospect, Illinois 60056. All work under this Bid and the resulting contract shall comply with the Illinois Prevailing Wage Act, 820 ILCS 13010.01 et seq. and the other applicable laws and ordinances. Plans and specifications may be obtained at the Village of Mount Prospect's Demandstar website by using the following link: btt,p.*//www,mountpros,pect.or Offers may not be withdrawn for a period of ninety (90) days after the bid date without the consent of the Board of Trustees. Any Bid submitted unsealed, unsigned, sent via email or fax or received subsequent to the aforementioned date and time, will be disqualified and returned to the bidder. The Village reserves the right in its sole discretion, to reject any and all bids or parts thereof, to waive any irregularities technicalities and informalities, in bid procedures and to award the contract in a manner best serving the interests of the Village. Village Manager Michael J. Cassady 2 20319 Backyard Drainage, Program Table of Contents ,Page Notice to Bidders 2 Table of Contents 3 Instructions to Bidders 4 General Conditions 9 Special Provisions 27 CCDD Information 32 Bid Form 33 Affidavit— Bid Certification Form 36 Bid Security 38 Bid Sheet 39 Contract 41 Labor and Material Payment Bond 47 Performance Bond 51 Details 7 Pages Plans 4 Pages 109 Prospect Manor Avenue • 206 Prospect Manor Avenue 212 N. Elmhurst Avenue 319 Hi Lusi Avenue 3 INSTRUCTIONS TO BIDDERS 1) Bid. Bid forms are furnished by the Village. All bids must be submitted on the forms provided, complete and intact, properly signed in ink in the proper spaces, and submitted in a sealed envelope. All bids shall be delivered to the office of the Village Manager, Village Hall, 3rd Floor, 50 S. Emerson Street, Mount Prospect, Illinois 60056, not later than 1:00 p.m. on August 26, 2019. Envelopes shall be plainly marked, "Sealed Bid for 2019 Backyard Drainage Program" and with the following information: company's name, address, date and time of opening. Bids must be signed by an authorized official of the organization submitting the bid with the name of the official and his/her title typed below the signature. 2) Pre-Bid Conference. There will be a manda pre-bid conference at 10:00 a.m. on August 191 2019 at the Public Works Department office, 1700 West Central Road, Mount Prospect, Illinois 60056. 3) BJd Deposit" Surety. A bid deposit in the amount of ten percent (10%) of the total bid amount, payable to the Village, is required, unless otherwise stated in the bid package. The deposit must be in the form of a bid bond, certified check, or a bank cashier's check. All bid performance deposit checks will be retained by the Village until the bid award is made, at which time the checks will be promptly returned to the unsuccessful bidders. The bid performance deposit check of the successful bidder will be retained until surety bonding requirements have been satisfied and proof of insurance coverage is provided. 4) Alternate M,inti ple Bids/Specifications. The Specifications describe the services that the Village feels is necessary to meet the performance requirements of the Village. It is not the desire or the intent to eliminate or exclude any bidder from bidding because of minor deviations, alternates or changes. Bidders desiring to bid on services which deviate from these Specifications, but which they believe are equivalent, are requested to submit alternate bids. However, alternate bids must be clearly indicated as such, and deviations from the applicable Specifications should be plainly noted. The bid must be accompanied by complete Specifications for the services offered. Bidders wishing to submit a secondary bid must submit it as an alternate bid. There is to be only one bid per envelope. The Village shall be the sole and final judge unequivocally as to whether any substitute is of equivalent or better quality. This decision is final and will not be subject to recourse by any person, firm or corporation. If the bidder wishes to qualify its bid or make special stipulations thereto, such qualifications or stipulations shall be stated on standard letterhead size sheets of paper, all attached to the bid form. 5) Erasures. All erasures or revisions of the bid must be initialed by the person signing the bid. 6) Recetyl,nD Of Bids. Bids received prior to the time of opening will be securely kept, unopened. The Village Clerk or his/her designee, whose duty it is to open the bids, will decide when the specified time has arrived, and no bid received thereafter will be considered. No responsibility will be attached to the Village or its representatives for the premature or non-opening of a bid not properly addressed and identified, except as otherwise provided by law. 4 7) Late Bids. Bids arriving after the specified time, whether sent by mail, courier, or in person, will not be accepted. These bids will either be refused or returned unopened. It is the bidder's responsibility for timely delivery regardless of the method used. Mailed bids which are delivered after the specified hour will not be accepted regardless of post marked time on the envelope. 8} id,,s,,,,,,,,By EmailAnd Fax Email and Facsimile machine transmitted bids will not be accepted 9) Error In Bids. When an error is made in extending total prices, the unit bid price will govern, Otherwise, the bidder is not relieved from errors in bid preparation. 10} Withdrawal OfBids. A written request for the withdrawal of a bid or any part thereof may be granted if the request is received by the Director of the requesting Department prior to the specified time of opening. After the opening, the bidder cannot withdraw or cancel his bid for a period of ninety 90) calendar days, or such longer time as stated in the bid documents. 11) Bidders Qualifi atiops. All bidders must submit the following information on or before the time at which the bid is required to be submitted: a. The location of the bidder's permanent place of business. b. Evidence of ability to provide an efficient and adequate plan for executing the work. c. A list of similar projects carried out by the bidder. d. A list of projects the bidder presently has under contract. e. Any additional evidence tending to show that the bidder is adequately prepared to fulfill the contract. 12}Reference& Background, Check. Bidders shall include with its bid, on a separate sheet attached to the bid, the names of three {3} references regarding its financial qualifications and three (3) references regarding its qualifications by experience, ability, personnel and equipment to undertake work of the nature and extent contemplated by the bid and Specifications. References must include company name, address, contact person, and telephone number. The Village reserves the right to reject bids not accompanied by the required references. All Bidders, as a condition of and prior to entry into a contract, agree that a complete background investigation of the principals of the Bidder and all employees who will work on the project may be made. Bidders agree to cooperate with the appropriate Village personnel to supply all information necessary to complete these investigations. The Village in its complete discretion may disqualify any Bidder, including a low Bidder, and may void any contract previously entered into based upon its background investigation. 13) onsi erafio � Of.Bid ,AndQ,o-,0-�tract. No bid will be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to the Village upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the Village or had failed to perform faithfully any previous contract with the Village within two (2) years prior to the date of the invitation to bid. 14} Conditions. Bidders are responsible to become familiar with all conditions, instructions and Specifications governing this bid. The bidder is responsible to visit a site if necessary and its bid is based upon the knowledge of all information readily available at the site of such a visit. Once the bids have been opened, the failure to have read and understood all conditions, Specifications and instructions shall not be cause to alter the original bid or to request additional compensation. No extra compensation will be allowed the successful bidder for failure to inform or familiarize itself prior to bidding. 5 18) Infer r t tion Of 'Bid Doc,u,ments. Any bidder in doubt as to the true meaning of any part of the Specifications or other bid documents may submit a written request for interpretation to the Village, as provided in the Specifications. Bidders will acknowledge receipt of any addendum issued by so noting on the bid sheet. oral explanations are not binding. 18) Prices,,. Unit prices shall be shown for each unit on which there is a bid, and shall include all packing, crating, freight, and shipping charges, and cost of unloading at the destination unless otherwise stated in the bid. Unit prices shall not include any local, state or federal taxes. The Village is exempt, by law, from paying state and village retailer's occupation tax, service occupation tax, and federal excise tax. The Village will supply the successful bidder with its tax exemption number. Cash discounts will not be considered in determining overall price, but may be used in an overall evaluation. 17) a]lificafions pf ontr ctors. Factors. It is the intention of the Village to award the Contract only to a bidder who furnishes satisfactory evidence that it has the requisite experience, ability, capital facilities, plant organization and staffing to enable it to perform the work successfully and promptly, and to complete the work within the time set forth in the Bid Documents. The Village shall consider the following factors: a. The lowest responsible bid. b. The ability, capacity, and skill of the bidder to perform the contract to provide the service required. c. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference. d. The character, integrity, reputation, judgment, experience, and efficiency of the bidder. e. The quality of performance of previous contracts of services. f. The previous and existing compliance by the bidder with laws and ordinance relating to the contract or service. g. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service. h. The quality, availability, and adaptability of the supplies or contractual service to the particular use required. r. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract. j. The number and scope of conditions attached to the bid. k. Whether the bidder has a place of business in the Village. I. Responsiveness to the exact requirements of the invitation to bid. m. Ability to work cooperatively with the Village and its administration. n. past records of the bidder's transactions with the Village or with other entities as evidence of the bidder's responsibility, character, integrity, reputation, judgment, experience, efficiency and cooperativeness. o. Any other factor that the Village may legally consider in determining the bid that is in the best interests of the Village. 18)Award Or Reiection, The Village, at its sole discretion, reserves the right to reject any and all bids or parts thereof, to waive any irregularities, technicalities and informalities, and to award a bid in the best interests of the Village. Any bid submitted will be binding for ninety (90) calendar days after the date of the bid opening. 6 Bidders shall make all investigations necessary to thoroughly inform themselves regarding the equipment or supplies to be furnished in accordance with the bid. No plea of ignorance by the bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary examinations and investigations will be accepted as a basis for varying the requirements of the Village or the compensation to the bidder. Any bidder's exceptions to the terms or conditions, or deviations from the written Specifications must be shown in writing and attached to the bid form. No verbal exceptions or agreements with employees of the Village will be considered valid. Such exceptions or deviations can be cause for rejection of the bid proposal. Any exceptions not taken by the bidder shall be assumed by the Village to be included. A contract will be awarded to the lowest responsible bidder complying with the conditions of the bid documents only when it is in the best interest of the Village to accept the bid. The Village shall be the sole judge of compliance with the Specifications. 19) Other,Rggoirements. a. New Eggtoment. The bidder certifies that any equipment to be furnished shall be new, current model, standard production and fully operable, unless otherwise indicated on the bid form. b. MateriaL ui ment an:d, Service Standards. Unless otherwise directed by the Specifications, all materials, equipment and services provided will meet standards or requirements which would normally be anticipated in common practice. The bidder guarantees that all applicable federal, state and local laws, including OSHA, are being complied with in connection with the bid and any resultant contract or purchase by the Village. c. Data; Proprietary., Complete and detailed brochures and specifications for vehicles equipment, materials, goods, supplies and/or services to be furnished must be included with each bid. Any reservations on the use of data contained in a bid must be clearly stated in the proposal itself. Unless stated otherwise, information submitted in response to the bid is not proprietary or confidential. d. Patented Devi,gea, Matenals, And Processes,. Contract prices are to include all royalties and costs arising in the Work. It is the intent that whenever the Bidder is required or desires to use any design, device, material, or process covered by patent or copyright, the right of such use shall be provided for by suitable legal agreement with the patent owner. 20) R!gguirement Of Bidder'. The successful bidder shall, within ten (10) days after notification of the award of the contract: a) enter into a contract in writing with the Village covering all matters and things related to its bid; and b) furnish the required certificate of insurance and bonds. 21) Bid Certification Form. All bid submittals must include a signed Bid Certification Form (copy attached) certifying non-collusion in the bid, and that the bidder is in compliance with Sections 33E-3 and 33E-4 of the Illinois Criminal Code regarding bid rotating and bid- rigging, 720 ILCS 5/33E-3, 33E-4, compliance with the Illinois Drug Free Workplace Act, 30 ILCS 580/1, et seq., and Substance Abuse Prevention in Public Works Projects Act, 820 ILCS 265/1 et seq., that it is not delinquent in the payment of taxes (65 ILCS 5/11-42.1) and that it has a written sexual harassment policy in place in full compliance with Section 2-105 of the Human Rights Act, 775 ILCS 5/2-105, as amended, `7 Sections 33E-3 and 33E-4 states that it is unlawful to participate in bid-rigging and/or bid rotating. Therefore, all bidders must certify, under oath, that they are not barred from bidding on the contract as a result of a violation of Sections 33E-3 and/or 33E-4, prohibiting bid-rigging and bid rotation. Therefore, the Bid Certification Form must be notarized. 22) [0terpretation Of Bid Documenits. Any bidder in doubt as to the true meaning of any part of the Specifications or other bid documents shall submit a written request for interpretation to the V1'1,1,age Engineer , no later than five (5) calendar days prior to the date set for the opening of the bid. Any questions received after that time may be answered at the discretion of the Village. In the event that the Village finds a question to be adequately addressed in the existing bidding documents, the question may be answered in writing by directing the requesting bidder to the applicable provision(s) in the existing bid documents. No further clarifications or interpretations will be issued. Bidders will acknowledge receipt of any addendum issued by so noting on the bid sheet. Oral explanations are not binding. Questions about this Instructions to Bidders should be directed to: Jeff Wulbecker Village Engineer Mount Prospect Public Works Department 1700 West Central Road Mount Prospect, IL 60056 Phone: 847-870-5640 Email: jwulbecker@mountprospect.org 8 GENERAL CONDITIONS 1. Definition Of Terms. In these specifications and the accompanying documents, the several terms hereinafter defined shall be understood to mean as follows: The term "Award" shall mean the decision of the Village of Mount Prospect to accept the bid of the lowest responsible bidder for the work, subject to the execution and approval of a satisfactory contract therefore, and bond to secure the performance thereof, and to such other conditions as may be specified or otherwise required by law. The term "Bid" shall mean a formal written offer of a bidder to perform the proposed work in accordance with these specifications. The term "Bidder" shall mean any individual, firm, or corporation submitting a bid for the work contemplated. The phrase "Bid Documents" shall mean the Notice to Bidders, Table of Contents, Instructions to Bidders, General Conditions and Special Provisions, Specifications, Bid Form, Affidavit — Bid Certification Form, Bid Security, Bid Sheet, Other Materials or standards provided or noted by the Village, Contract, Performance Bond form, and Labor and Materials Payment Bond form. The term "Board" shall mean the Board of Trustees of the Village of Mount Prospect, Illinois. The term "CCDD" shall mean Clean Construction or Demolition Debris, The term, "Contract" shall mean the written agreement between the Village and the contractor, or between the owner and the contractor. The phrase "Contract Documents" shall mean the Bid Documents, bidder's submitted Bid Form, Bid Security, Bid Sheet, Contract and required bonds or letter of credit. The term "Contractor," as successful bidder, shall mean the individual, firm or corporation who shall have entered into an agreement or contract to furnish all necessary labor, equipment, tools and materials for the performance of the work under its bid and the Bid Documents. The phrase "Director of Public Works" shall mean the Director of Public Works representing the Village of Mount Prospect. The term "EPR" shall mean the Village's Engineering Project Representative. The phrase "Final Performance Date" shall mean the date that Substantial Performance and the punchlist items must be completed. The term "Inspector" shall mean the authorized representative of the Director of Public Works assigned to make detailed inspection of any or all portions of the work or materials therefore. The phrase "Notice of Award" shall mean the written notice of award of the contract given by the Village to the successful bidder. 9 The phrase "Notice to Bidders" shall mean the official notice included in the bid inviting bids for the proposed improvements. The phrase "Notice to Proceed" shall mean the official notice to the contractor that will start the performance period/ The phrase "Performance Period" shall mean the time allotted for contractor to perform the contract from start to Substantial Performance. The term "Owner" shall mean the Village of Mount Prospect. The phrases "Payment and Performance Bond" and "Letter of Credit" shall mean the approved form of security furnished by the contractor and its financial institution as a guarantee that it will execute the work and pay all material providers and subcontractors. The terms "Plans" or "Contract Drawings" shall mean all official drawings or reproductions of drawings pertaining to the work provided in the contract. The phrase "Project schedule" shall mean the critical path schedule submitted by Contractor to the Village, which includes targeted dates of completion through the Substantial Completion Date. The term "Punchlist" shall mean a list of items to be completed after Substantial Performance. The phrase "Special Provisions" shall mean any special directions and requirements prepared to cover the method or manner of performing work on a particular project, or cover the quantities or quality of the materials to be furnished under the contract which are not covered herein. The special provisions included in the contract shall govern the work and take precedence over the general provisions and STANDARD SPECIFICATIONS noted above wherever they conflict therewith, but they shall not operate to annul those portions of the general provisions with which they are not in conflict. The term "Specifications" shall mean the general and special provisions, instructions and requirements contained herein, together with written agreements and all other executed documents which describe the method of performing the work, the quantities, or the quality of material to be furnished under the contract. Additionally, the term specifications will refer to standard practices as outlined in the Illinois Department of Transportation's "STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION (R&BC), latest revision and the "STANDARD SPECIFICATIONS FOR WATER AND SEWER MAIN CONSTRUCTION IN ILLINOISIJ prepared by the ISPE, CECI, et al, latest revision. The term "Subcontractor" shall mean any individual, firm or corporation other than the contractor supplying labor, equipment, tools and materials for use in the work of the contract. The phrase "Substantial Performance" shall mean the date that the entire Project can be used for the purposes for which it was intended, i.e., only punchlist items remain. The phrase "Substantial Performance Date" shall mean the date that substantial performance must be completed. The term "Village" shall mean the Village of Mount Prospect, Illinois. 10 The terms "Village Manager" or "Manager" shall mean the Village Manager of the Village of Mount Prospect, Illinois or his duly appointed representative. The terms "Work" and "Project" are used interchangeably and shall mean the improvement advertised for letting, described in the bid form, indicated on the plans, and covered in the specifications and contract, and authorized alterations, extensions and deductions, including labor, tools, equipment, materials and incidentals necessary for the satisfactory completion of the project. The term, 1/2 stick" shall mean one-half the standard length of pipe, typically this is seven (7) feet. 2. Award Ofp Contract*11 Performance, Payment. 10 a. Award OfCont'ract. The Village will issue a Notice of Award to the successful bidder, advising that it has been awarded the contract. Within ten (10) days of delivery of the Notice of Award, by personal service or registered or certified U.S. mail, posted prepaid and receipt requested, Contractor shall execute the Contract, attached to the Bid Documents, and furnish the Village with the required bonds and certificate of insurance. b. Not"Ice To, Proceed. Upon the Village's receipt of the executed Contract, required bonds and certificate of insurance, the Village will issue and send to Contractor a Notice to Proceed, which will start the performance period. c. Substantial Performance; Final Completion. L The Contract shall be substantially performed within forty-five (45) days after the Notice to Proceed is effective (the Substantial Performance Date"). Substantial Performance is when the entire Project can be used for the purposes for which it was intended, i.e., only punchlist items remain. It. Final completion shall be within fourteen (14) days after the Substantial Performance Date (the "Final Performance Date"). d. Prgject Schedule. Within ten (10) days after the Contractor executes the Contract, Contractor shall submit to Village a Project Schedule to include targeted dates of completion of all construction and other requirements of the Contractor through the Substantial Completion Date. Contractor shall monitor schedule progress and provide monthly updates and revisions of the Project Schedule, as needed to Village. e. Liguldate d D For,Inexcusable DeIgy., I Time is of the essence. The Contractor agrees that all work included in connection with this project must be completed by the Final Performance Date, or sooner, after receipt of Notice To Proceed. It is hereby acknowledged and agreed by both parties that the damages to the Village are not readily ascertainable but that the failure to timely complete this Work will materially and significantly damage the safety and well-being of the Village, its staff and the public, and that therefore a sum of $1,000-00 per day is a fair and reasonable damage estimate to compensate the Village for any such delay. If the Contractor fails to fully complete the Work in that time, then and in this event, the Contractor further expressly agrees that, for each day this Work and this contract shall remain uncompleted after that date, the Village may deduct the sum of $1,000.00 per day after the Final Performance Date, from the contract price as payment to the Village, by the Contractor of the liquidated damages sustained by reason of failure of the Contractor to complete the Project on or before the time aforesaid. ii, Provided, however, that if the completion of this contract is delayed by the Village, by general strikes, acts of God, or casualty beyond the control of the Contractor, then and in such event, the time of completion of this contract shall be extended for such additional time as shall be caused by such delay. HI Provided, always, however, that the Contractor shall, at the time of such delay, if any, demand of the Village, in writing, such additional time within which to complete the performance of the Contract. The Contractor will be required to notify the Village within three (3) days of such delay, stating the reason for same. If the Contractor does not notify the Village in writing, within three (3) days of the delay, no request for extension of time will be approved. f. Measurement Of Quantities. All work completed under the contract will be measured by the Village according to United States standard measures. g. Payment. Payment under the Contract will be made in accordance with the Illinois Local Government Prompt Payment Act, 50 ILCS 505/1 et seq. h, PigyLngnt For Items Omitted When a iall Com,pleted, Should the Village cancel or alter any portion of the contract which results in the elimination or non-completion of any portions of the work partially completed, the contractor will be allowed a fair and equitable amount covering all items of work incurred prior to the date of cancellation, alteration, or suspension of such work. A written change order may apply. i. Pa,rtiaIPa,y,menit. When requested, the contractor will make an approximate estimate, in writing, of the materials in place completed, the amount of work performed, and the value thereof, at the contract unit prices. From the amount so determined, there shall be deducted ten percent (10%) to be retained until after completion of the entire Work to the Village for payment, except that no amount less than $500 will be so certified unless the total amount of the contract is less than $500. In addition, an estimate may, at the discretion of the Village and upon presentation of receipted invoices and freight bills, be made for payment of the value of acceptable materials delivered on the Work or in acceptable storage places and not used at the time of such estimate. Ten percent (10%) shall be retained from the value of such materials until final payment. Such materials, when so paid for by the Village, shall become the property of the Village, and in the event of default by the Village, shall become the property of the Village, and in the event of default by the contractor, the Village may use or cause to be used such materials in the construction of the work provided for in the contract. The amount thus paid by the Village shall be deducted from estimates due the contractor as the material is used in the work. Partial payment for work or materials shall not be construed as an acceptance of the work or any part of it, or as a waiver of any provisions of the contract. Partial payment will only be granted if in the opinion of the Village sufficient labor and materials have been expended to warrant it. If partial payments are requested, the Contractor shall submit with each payment request a properly completed Contractor's Affidavit setting out, under oath, the name, 12 address and amount due or to become due, of Contractor, each subcontractor, vendor, supplier or other appropriate party included in its cost, and for every party listed a full or partial waiver of lien, as appropriate. Beginning with the second payment request, and with each succeeding payment request, the Contractor shall submit Contractor's Affidavits and partial waivers of lien for each subcontractor and supplier showing that the amount paid to date to each is at least equivalent to the total value of that subcontractor's work, less retainage, included on the previous payment request. Acceptance and; Final Payment., Whenever the Work shall have been completely performed on the part of the contractor, including Punchlist items, and all parts of the Work have been approved by the Village and accepted by the Village, a final payment showing the value of the work will be prepared by the contractor as soon as the necessary measurements and computations can be made, all prior estimates upon which payments have been made being approximate only and subject to correction in the final payment. The amount of this estimate, less any partial or semifinal payments previously made and less any sums that have been deducted or retained under the provisions of the contract, will be paid to the contractor as soon as practicable after the final acceptance, provided the contractor has furnished to the Village the required maintenance bond and satisfactory evidence that all sums of money due for any labor, materials, apparatus, fixtures or machinery furnished for the purpose of such work have been paid or that the person or persons to whom the same may be due have consented to such final payment. If final payment is requested, the Contractor shall submit a properly completed Contractor's Affidavit setting out, under oath, the name, address and amount due or to become due, of Contractor, each subcontractor, vendor, and supplier or other appropriate party included in its cost, and a full and final waiver of lien for the full amount of the Work, less retainage. The Contractor shall assign over to the Village all manufacturers' and suppliers' warranties respecting any part of the Work. The Contractor shall also deliver to the Village the required maintenance prior to Final Payment bond and upon receipt of Final Payment a set of Plans and Specifications annotated to show the Project "as-built." The acceptance by the contractor of the final payment shall constitute a release and waiver of any and all rights and privileges under the terms of the contract; further, the acceptance by the contractor of final payment shall relieve the Village from any and all claims or liabilities for anything done or furnished relative to the Work or for any act or neglect on the part of the Village relating to or connected with the Work. k. P,unchllst. The Contractor shall notify the Village when it believes substantial performance of the entire Project has been achieved. The Village, and/or any independent consultant engaged by the Village, shall then inspect the Project site with the Contractor, and prepare and deliver to the Contractor within five (5) days thereafter, a written Punchlist indicating items of construction which are not in material conformity with the Contract Documents. The Punchlist items shall be completed by the Final Performance Date. Pending completion of Punchlist items, the Village may withhold from amounts due to the Contractor an amount equal to but not greater than one and one-half(11/2) times the estimated cost to complete Punchlist items. 1, Finolidim. Of 'The Sites. Before the completed work will be ready for the Village's final inspection, the contractor shall have removed from the project sites all surplus equipment, machinery, materials, debris, barricades, and signs. The contractor shall leave said project sites in the best possible condition to the complete satisfaction of the Village. 1.3 m. Final Inst tin,. The Village shall make final inspection of all of the Work, as soon as practicable after notification in writing by the contractor that the work is completed and ready for acceptance. If the Work is not acceptable to the Village at the time of such inspection, the Village shall inform the contractor as to the particular defects to be remedied before final acceptance can be made. n. It rations Camellations., Extensions, And Deductions. The Village reserves the right to alter the plans, extend or shorten the improvement, add such incidental work as may be necessary, and increase or decrease the quantities of work to be performed to accord with such changes, including the deduction or cancellation of any one or more of the unit price items. Such changes shall not be considered as a waiver of any condition of the contract nor to invalidate any of the provisions thereof. A written change order may apply. All Work shall be done under the supervision of the Village's Director of Public Works, or a designated representative who shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress of the work, interpretation of the plans and specifications, acceptable fulfillment of the contract, compensation and disputes and mutual rights between contractors under the specifications. o. Chanae Orders. The Village may from time to time require changes in the Work. Such changes shall comply with Section 33-E9 of the Criminal Code, 720 ILCS 5/33E-9. p. Ri t The VIla,. oTerminate The Contract. I, If the Contractor fails to begin the Work under the Contract within the time specified, or fails to perform the Work in accordance with the terms of the approved schedule or performs the Work in a manner unacceptable to the Village, or neglects or refuses to remove materials or perform anew such Work as has been rejected by the Village, or if the Contractor shall become insolvent or be declared bankrupt, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall fail to carry on the Work in a manner required by the Contract, the Village shall give notice as hereinafter provided to the Contractor and its surety in writing specifying such failure, delay, neglect, refusal or default, and if the Contractor, within a period of ten (10) calendar days after the giving of such notice, shall not proceed in accordance therewith, then the Village shall have full power and authority to declare the this Contract and the Contractor in default, and to forfeit the rights of the Contractor in this Contract. Upon declaration of Contractor's default, the Village may, at its option, call upon the surety to complete the Work in accordance with the terms of this Contract or may take over the Work, including any materials on the Work site as may be suitable and acceptable to the Village and may complete the Work by its own forces or on its own account, or may enter into a new contract or contracts for the completion of the Work, or may use such other methods as shall be required for the completion of the Work in an acceptable manner as the Village may in its discretion determine. iii All costs and charges incurred by the Village, together with the cost of completing the Work shall be deducted from any moneys due or which may become due on this to the Contractor under this Contract. Following any payment due and received by the Village from the Contractor's surety following default, if the expense so incurred by the Village is less than the sum paid to the Village by the surety under this 14 Contract for work remaining, the surety shall be entitled to receive the excess difference paid to the Village. When such Contractor default costs incurred by the Village exceeds the sum paid to the Village for the work remaining under the Contract the Contractor and the surety shall be liable and shall pay to the Village the full cost of such additional expenses. 3. Performance Of The Work. a. Accident Prevention. The contractor shall exercise every precaution at all times for the protection of persons and properties. The safety provisions of all applicable laws and ordinances shall be strictly observed. Any practice obviously hazardous, in the opinion of the Director of Public Works or his authorized representative, shall be immediately discontinued by the contractor upon his receipt of instructions from the Director of Public Works or an authorized representative to discontinue such practice. b. rric�ad n arnin i nye An Li h s� The contractor shall erect substantial lighted barricades to protect its work at all points deemed necessary by the Director of Public Works; said contractor shall place at such points the necessary warning signs, amber lights, caution tape, and other suitable devices to protect his work properly and to provide for the convenience and safety of the public at all times. The contractor shall maintain such barricades, signs, lights and protective devices until the need for them, in the judgment of the Public Works Director of an authorized representative, has passed. Contractor shall provide warning signs and barricades to safely mark any hazards or detours caused by the work. All such warning signs and barricades for work in, or affecting Village of Mount Prospect streets, access roads, and state highways shall meet all applicable requirements as stipulated in the latest edition of the Manual for Uniform Traffic Control Devices published by the U.S. Department of Transportation. All costs for barricades, signs including all labor and other associated materials shall be incidental to the total bid price. c. Q, operation With Utilities. It is understood and agreed that the contractor has considered in its bid all of the permanent and temporary utility appurtenances in their present or relocated positions that may be encountered during construction and no additional compensation will be allowed for any delays, inconvenience, or damage sustained by it due to any interference from the said utility appurtenances either by the utility company or by it, or on account of any special construction methods required in prosecuting its work due to the existence of said appurtenances either in their present or relocated positions. The contractor shall insure that prompt repairs are, to the approval of the inspector, made to any utility appurtenances damaged by it without compensation from the Village. During performance of the work, contractor shall protect all utilities and property from damage. Contractor shall spot all utilities prior to any excavation work. contractor shall call J.U.L.l.E. one Call System ('1-800-892-0123), and request utility locations as soon as possible for emergency repairs and within forty-eight (48) hours for non-emergency work prior to excavation in strict accordance with J.U.L.I.E. one call System operation procedures. d. Clean-U .-After all work under each task phase of the work is completed, the Contractor shall remove all loose debris and other materials not incorporated in the work from the site of the work. Any clean up or restoration to private property will be the responsibility of the Contractor. e. Construction Noise Restriction. All construction activities or alteration operations within the Village shall be performed only between the hours of 7:00 a.m. and 7:00 p.m. Variations from these time limitations shall be allowed only in the case of maintenance of operation of safety and traffic control devices such as barricades, signs and lighting, or to construction of an emergency nature. More stringent requirements may be assessed for work in state highway or railroad rights-of-way." Working hours outside these times must receive prior approval from the Village. f. General. The work to be performed under the contract includes the furnishing of all supervision, labor, materials, tools, equipment and incidentals of every kind and description necessary for construction, in accordance with the Contract Documents. g. Inspection., All materials and each part or detail of the work shall be subject at all times to inspection by the Village or its inspectors, and the contractor will be held strictly to the true intent of the Specifications in regard to quality of materials, workmanship and diligent execution of the contract. The Village or its inspectors shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the contractor as is required to make a complete and detailed inspection. Materials, components or completed work not complying therewith may be rejected by the Village and shall be replaced by the Contractor at no expense to the Village. Any rejected material or component shall be removed at the entire expense of the Contractor, after written notice has been mailed by the Village to the Contractors that such materials or components have been rejected. The contractor shall, if the Village requests, remove or uncover such portions of the finished work as the Village may direct before final acceptance of the same. After the examination, the contractor shall restore said portion of the work to the standard required by the Specifications. If the work thus exposed or examined proves acceptable, the expense of uncovering or removing and the replacing of the parts removed shall be paid for as extra work; but if the work so exposed or examined is unacceptable, the expense of uncovering or removing and replacing of the same shall be borne by the contractor. h. Materials And Eggipment. Except where the Specifications indicate otherwise, the Village is not responsible for providing any tools, equipment or storage under the contract in order to permit its completion of any contractual obligations under the contract, which may be awarded as the result of the bid. i. Personne] i And E Au _ ent The contractor shall provide an adequate number of competently trained personnel with sufficient supervision to provide the services required, and contractor shall provide identification of its personnel if requested by the Village. Any contractor's employee whose employment is reasonably detrimental or objectionable to the Village shall be immediately transferred from the work-site upon the Village's request. The exercise of this option shall not be construed as placing the Village in charge of the Work or making the Village responsible for safety. All on the road vehicles or equipment shall be identified by the contractor's name for purpose of identification. , All tools or equipment required to carry out the operations within the scope of the contract shall be provided by the Contractor, and shall meet the standards of the Federal 16 Occupational Safety and Health Act and State of Illinois safety codes as may be required by law. The Village reserves the right to inspect the equipment that will be used prior to award of Bid. j. Piroped)t, LRroltectjon. No vehicles of any kind shall be placed, parked or operated upon or over any sodded areas. k. Protection, And for tion Of Pro perty. It is understood that in the execution 'of the Work herein provided for there may be interference with and/or damage to trees, shrubbery, crops, fences, railroad tracks, overhead structures such as poles, wires, cables, underground structures such as sewers, gas mains, telephone conduits and cables, water mains, drains, service connections, wires, pipes, conduits, located along, adjacent to, and/or crossing the locations of the Work, and that it may be necessary to relocate or reconstruct certain of such structures, improvements, and installations and/or to make repairs to the same by reasons of doing the Work herein provided for, and it is therefore particularly and specifically agreed that the Bidder except as otherwise herein provided, shall do the Work necessary for such relocation, reconstruction, and repair and shall bear and pay all of the cost and expense of such relocation, reconstruction, and/or repair of, and all damage done to any and all such pipe line and other structures, improvements, and installations, including service connections, if any, to adjacent property, existing at the date of the execution of the contract and/or existing, during the period of the Work to be done under the contract, which may be interfered with, damaged, and/or necessarily relocated, reconstructed, or repaired in the performance of the Work herein provided for, including the restoration and resurfacing of unpaved portions of public streets and alleys, rights-of-way, easements, and private property damaged or disturbed by the Work, the same to be restored to as good condition as the same existed at the time of the commencement of any such Work or relocation. It is further agreed that the owners of any structures, improvements, installations, referred to in the preceding paragraph shall have the right to do the Work or any part thereof necessary for the relocation, reconstruction, replacement, repair, and other Work required by reason of any interference with and/or damage to such structures, improvements, installations, due to the prosecution of the Work and upon completion of such Work by them done, said owners may render bills to the Bidder for the cost and expenses thereof which bills shall be paid by the Bidder without extra compensation therefore from the Village, upon demand by said owners, or upon demand made by the Village upon the Bidder for the payment thereof. 1. Public Convenience And Safet The contractor shall notify the Director of Public Works at least three (3) days in advance of the starting of any construction work which might in any way inconvenience traffic, and the contractor shall at all times conduct the work in such a manner as to insure the least obstruction to vehicular and pedestrian traffic. Whenever possible, the contractor shall provide and maintain at his own expense such temporary roads and approaches as may be necessary to provide access to driveways, houses, buildings or other property abutting the improvements. In no case will the contractor obstruct entrance ways into private property without first seeking the Village and private property owner's approval. m. Public Relations. The Contractor shall cooperate with the Village of Mount Prospect in maintaining a high degree of sensitivity to the needs of property and business owners along the project route. Contractor will distribute written public work notices to businesses and residences as required by the Village. '1`7 n. Removal Of Defective And Unauthorized Work. Work done without lines and grades being given, or beyond the lines shown on the plans or as given, except as herein provided, or any extra work done without authority will be considered as unauthorized and at the expense of the contractor, and will not be measured or paid for. Work so done may be ordered removed or replaced at the contractor's expense. All work which has been ordered to be removed or replaced shall be remedied or removed and replaced by the contractor in a manner approved by the Village at the contractor's expense. Upon failure of the contractor to comply promptly with any order of the Village made under this provision, the Village shall, after giving written notice to the contractor, have the authority to cause defective work to be remedied, or removed and replaced, or to cause unauthorized work to be removed, and deduct the cost thereof from any compensation due or to become due the contractor. o. phedulirna The contractor shall consult with the Village's Public Works Director or an authorized representative concerning the details and scheduling of the work contemplated herein, and shall be governed by the decisions of said Director or representative. p. iison. The contractor shall at all times have a competent person in charge of its work crew at the job site to whom the Village representative may issue directives. Such person shall be authorized to accept and act upon such directives. Such person shall be fluent in the English language. q. Traffic Control. Contractor shall maintain traffic flow(s) and accessibility to private property(s) as close to normal condition as possible. Contractor shall notify residents, Village of Mount Prospect and state/county officials, as appropriate, of any driveway or road closure. The contractor shall abide with the Illinois Department of Transportation's Standard Specifications for Road and Bridge Construction, latest edition. The Contractor shall also abide with the Manual on Uniform Traffic Control Devices, latest edition. Contractor shall also provide sufficient flag persons to assist with traffic control during operation. Traffic control costs to close the street or ROW is to be included in the "all-inclusive" unit price of the pay item and considered as incidental to that pay item and will not be considered an extra line item. r, 'Tree, Protection., All tree protection shall be incidental to the contract and shall be installed and maintained in accordance with the Tree Protection Ordinance and plan as specified by the Village. REMOVAL PROHIBITED UNLESS AUTHORIZED: All trees shall be maintained, saved, and protected from damage unless removal is approved by the Village. CRITICAL ROOT ZONE: To prevent unnecessary damage to existing public trees during construction, proper tree protection guidelines must be followed, particularly in the root zone where major support roots securely hold the tree in the soil. This Critical Root Zone (CRZ) is defined as the entire ground area within the vertical projection of the crown of a tree. This is also commonly referred to as the area within the drip line of a tree. Power equipment may not be used to excavate soil, change grades, or dig trenches in the Critical Root Zone. All soil excavation done within the CRZ must be done by hand, 18 except as authorized in these specifications. Exceptions to the above shall be granted only with written permission from the Director of Public Works. FENCING: All unpaved ground on public property within the Critical Root Zones (CRZ) of existing trees subject to construction damage shall be fenced before any work is started. This Tree Protection Fencing will be paid for as specified in these contract documents. Once assembled, no fencing shall be removed without prior approval of the Engineer, and there shall be no construction activity or material including storage, stockpiling, and equipment access within the enclosure. Fencing material shall be orange polypropylene snow fence supported with metal posts, and installed according to the detail which will be provided by the Forestry Division. CHANGES TO EXISTING GRADE: No changes to original grade shall be allowed inside the CRZ. ROOT PRUNING DURING CONSTRUCTION: All tree roots greater than two inches (2") in diameter that are encountered in any construction process shall be cut cleanly with an appropriate saw or pruning shear or other tool specifically designed for cutting wood. Axes or other such chopping tools shall not be used. Shovels or other tools designed for digging shall not be used. Contractor shall contact Forestry for a root inspection before backfilling. ATTACHMENTS TO TREES:, No signs, placards or other objects may be nailed or stapled to trees. BRANCH REMOVAL: Tree branches shall not be cut, pruned or trimmed by the Contractor. If parkway tree branches interfere with the Contractor's work, he should contact the Forestry Division to request pruning. If Forestry deems the request reasonable they will endeavor to promptly prune the branches at the Village's expense. PENALTIES FOR TREE DAMAGE: Where limbs, trunks or roots of trees not approved for removal are damaged, the Village shall determine whether the tree can be repaired or must be removed. Repairs may include, but are not strictly limited to, pruning of broken limbs, removal of loose bark and proper shaping of wounds, thinning of the crown to compensate for root loss, fertilization, straightening and staking. Repairs shall be performed by the Village. The cost of such repairs shall be paid for by the Contractor to the Village, using rates listed in the current edition of the Village's 'Equipment, and Labor Rate, Chal . Additionally, the Village may fine the contractor for unnecessary tree damage according to the schedule listed in Appendix A, Division III of the Village Code. If in the opinion of the Village, the amount of damage warrants removal of the tree due to safety or aesthetic concerns, the Contractor shall remove the tree, along with its stump to a depth of 12 inches below grade. The Contractor shall pay the Village for replacement of the tree. Replacement cost will be determined by multiplying the diameter of the damaged tree, as measured 4-1/2 feet above the ground, by the rate of $150.00/inch. The Contractor shall be responsible for being familiar with and complying with all aspects of the Village of Mount Prospect Tree Protection ordinances and Arboricultural Standards Manual as they relate to the various site locations. Any questions regarding tree protection shall be directed to the Village Forestry Division and their response or direction shall be considered as the final word/decision on tree protection issues. Any 19 costs for tree protection fencing, posts, labor or other associated labor or material shall be incidental to the fixed cost per unit bid. s. Work In Street, Ri-qht-Of-, I All of contractor's construction work in street rights-of- way shall be done in strict accordance with the applicable controlling public agency's construction specifications, permitting, bonding, rules, and regulations. All costs for necessary permits and bonds shall be borne by the Contractor and considered incidental to the fixed item price of the applicable work. Contractor shall coordinate with the proper public officials and receive approval from said officials prior to any street closings or detouring required due to the work to be performed. Contractor shall protect existing vegetation from removal or damage wherever possible. Contractor shall confine construction work to specified construction limits as shown on the drawings or defined in the specifications. Should Contractor damage or remove any vegetation outside the construction limits, Contractor shall restore the affected area to its original state at no expense to the Village. 4. Bond; 1nsura,Liq!g,; Indemnification. I a. PerfocAnd LaborAntergal aym i ,9Ot Bond. Upon submission of the executed rmane d Mah , ...21, . contract to the Village, Contractor shall furnish to the Village a surety bond in the amount one hundred and ten percent (110%) of the bid for the faithful performance of the Contract and to indemnify the Village against loss. The Contractor shall also furnish a labor and materials bond in the amount of one hundred percent (100%) of the bid to ensure payment for all labor and materials, including compliance with the provisions of law relating to the payment of the prevailing rate of wages. The premium of such bonds is to be paid by the Contractor. The surety must be with a substantial surety company satisfactory to the Village and authorized by law to do business in the State of Illinois and endorsed by a local representative of said surety company. All payment and performance bonds shall name the Village of Mount Prospect as Obligee and be written upon forms prepared or approved by the Village. Said bonds may be satisfied with a Letter of Credit, in the form acceptable to the Village, from a bank or savings and loan within the Chicago metropolitan area. The bonds and Letter of Credit shall remain in effect during the full term of the Contract and any extension thereof. Failure to so provide these bonds or Letter of Credit shall result in forfeiture of the bid bond/Letter of Credit to the Village as liquidated damages and not as a penalty, and the termination of the contract and/or withdrawal of the award. b. Insurance e urenents,. In submission of a bid the bidder is certifying that it has all insurance coverages required by law or that would normally be expected for bidder's type of work. In addition, the bidder is certifying that, as successful bidder/Contractor, upon execution of the Contract, it will provide Insurance of such types and in such amounts as may be necessary to protect itself and the interests of the Village against all hazards or risks of loss contemplated by the Contract. The Village shall be named as additional insured on all applicable insurance policies. Satisfactory certificates of insurance shall be filed with the Village upon execution of the Contract. The certificates shall state that fourteen (14) days advance written notice will be given to the Village before any policy covered thereby is changed or canceled. 20 Insurance coverage shall be in the following minimum amounts: Limit/ Limit/ I of Insurance Ea- Occurrence A reg ate General Liability Bodily Injury $17000,000 $3,000,000 Property Damage $1,000,000 $3Y000J000 Contractual Ins. $1,000,000 $3$0001000 Automobile Liability Bodily Injury $110007000 $11000,000 Property Damage $1,000,000 $11000,000 Workers Compensation Employee Claims Statutory for Illinois Employers Liability $1,000,000 per accident c. Indemnification.. The Contractor shall indemnify and save harmless the Village, its officers and employees from any and all liability, losses or damages, including attorney's fees and costs of defense, the Village may suffer as a result of claims, demands, suits, actions or proceedings of any kind or nature, including workers' compensation claims, in any way resulting from or arising out of the operations of the Contractor under the Contract, including operations of subcontractors; and the Contractor shall, at his own expense, appear, defend, and pay all fees of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and, if any judgments shall be rendered against the Village in any such action, the Contractor shall, at his own expense, satisfy and discharge same. The Contractor expressly understands and agrees that any bonds, letters of credit or insurance protection required by the Contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Village as herein provided. Contractor agrees to defend and hold harmless the Village from and against all demands, claims, suits, costs, expenses, damages and adjustments based upon any infringement of any patent relating to goods specified in the contract, and on account of the Village's use of any copyrighted or uncopyrighted, composition, trade secrets, secret process, proprietary rights, patented of unpatented invention, article or appliance furnished or used under the bid Specifications. 5- !q2Mp1i,anc,e,With Laws. a. Collusion, If at any time it shall be found that the person, firm, or corporation to whom the Contract has been awarded has, in presenting any proposal or proposals, unlawfully colluded with any other party or parties, then the Contract so awarded shall be null and void and the Consultant and his sureties shall be liable to the Village for all loss or damage which the Village may suffer thereby, and the Village may advertise for new bids for said work. b. Observance Oflaws, Ordinances rfificati'ons 0 ianc,e I 6fl;d,Reg,g-lationg., Ce 'i i, f C'ompfi With licable Laws,. The contractor shall, at all times during the life of this contract, observe and abide by all federal, state and local laws which in any way affect the conduct of the work and with all decrees and orders of courts or agencies of competent jurisdiction. Likewise, said contractor shall be governed by all municipal ordinances and regulations which in any way affect the conduct of the work. The contractor shall 21 indemnify and save harmless the owner, its officers, agents, and employees against any claim or liability arising from or based on his violation of any law, ordinance, regulation, decree or order. The bidder and contractor, as successful bidder, shall comply with all applicable state, federal and local laws, including, but not limited to the following: 11. Bid.,Ri1,ggL'ng/Rotat,!' By submitting a bid, the Contractor certifies that no owner, officer or director is barred from contracting with any unit of state or local government as a result of violating the bid rigging or bid rotating provisions contained in 720 ILLS 5/33E-3 & 33E-4. ii. "Tax Paymept. The Contractor certifies that it is not delinquent in the payment of any taxes to the Illinois Department of Revenue. (65 ILLS 5111-42.1-1) 11DruqFree Workplace Act, The Contractor will comply with the requirements of 11 1. the Drug Free Workplace Act if the contract is $5,000 or more and it has more than 24 employees at the time of entering into the contract (30 ILLS 580). iv. Preference To Veterans Act. The Contractor will comply with the Preference to Veterans Act (330 ILCS 55). V, 'Substance Abuse Prevention r rami. By submitting a bid, the Contractor certifies that the company has in place, to the extent not covered by a collective bargaining agreement that deals with the subject of the Act, a substance abuse prevention program that meets or exceeds the requirements of the Substance Abuse Prevention in Public Works Projects Act, 820 ILCS 265/1 et seq. 11 vi. Non-Discrimination. The Contractor will comply with the Illinois Public Works Employment Discrimination Act (775 1 LCS 10/1, et seq.) vii,,, E,ggg! 1pQr Ern r Op t,unitiv. The Contractor will comply with Article 2 of the 0 )10 ment, Illinois Human Rights Act (775 ILLS 5/2-101, et seq.), including establishment and maintenance of a sexual harassment policy as required by Section 2105, and the Rules and Regulations of the Illinois Department of Human Rights, including the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE, which is a material term of all public contracts, as follows: EQUAL EMPLOYMENT OPPORTUNITY In the event of the contractor's non-compliance with the provisions of this Equal Employment Opportunity Clause or the Act, the contractor may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the contractor agrees as follows: 1) That he or she will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, order of protection status, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability, military status or an unfavorable discharge from military service; and, further, that he or she will examine all job classifications to determine if minority persons or women are 22 underutilized and will take appropriate affirmative action to rectify any underutilization. 2) That, if he or she hires additional employees in order to perform this contract or any portion of this contract, he or she will determine the availability (in accordance with this Part) of minorities and women in the areas from which he or she may reasonably recruit and he or she will hire for each job classification for which employees are hired in a way that minorities and women are not underutilized. 3) That, in all solicitations or advertisements for employees placed by him or her or on his or her behalf, he or she will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, order of protection status, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability, military status or an unfavorable discharge from military service. 4) That he or she will send to each labor organization or representative of workers with which he or she has or is bound by a collective bargaining or other agreement or understanding, a notice advising the labor organization or representative of the contractor's obligations under the Act and this Part. If any labor organization or representative fails or refuses to cooperate with the contractor in his or her efforts to comply with the Act and this Part, the contractor will promptly notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations under the contract. 5) That he or she will submit reports as required by this Part, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Act and this Part. 6) That he or she will permit access to all relevant books, records, accounts and work sites by personnel of the contracting agency and the Department for purposes of investigation to ascertain compliance with the Act and the Department's Rules and Regulations. 7) That he or she will include verbatim or by reference the provisions of this clause in every subcontract awarded under which any portion of the contract obligations are undertaken or assumed, so that the provisions will be binding upon the subcontractor. In the same manner as with other provisions of this contract, the contractor will be liable for compliance with applicable provisions of this clause by subcontractors; and further it will promptly notify the contracting agency and the Department in the event any subcontractor fails or refuses to comply with the provisions. In addition, the contractor will not utilize any subcontractor declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations. Title 44, Part 750, Section 750, APPENDIX A, Illinois Administrative Code, viii. PREVAILING WAGE. This contract calls for the construction of a public work within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/1, et seq., as amended (the "Act"). The Contractor and all subcontractors are required to pay wage rates in accordance with the Act to all laborers, workers and mechanics. The Village has adopted the prevailing wages as determined by the Illinois Department of Labor ("IDOL") for Cook County. The prevailing rate of wages is revised by the IDOL and is available on the IDOL website, 23 www.state.il.u§LaA.ency/idol/rates/rates.HTM. The Contractor and all subcontractors are solely responsible for checking the Department's website for revisions to prevailing wage rates. In the event that the IDOL should revise the prevailing rate of wages, then the revised rates shall apply to this Contract. In no case shall any revision in the rates of prevailing wages result in an increase in the total Contract price. All bonds provided by the Contractor under the terms of this Contract shall include such provisions as will guarantee the faithful performance of the Contractor's obligations under this clause and under the Prevailing Wage Act, 820 1 LCS 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; (110) 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 1511 day of each calendar month, each participating contractor and subcontractor shall submit a monthly certified payroll to the Village consisting of the above-referenced information as well as a statement signed by the participating contractor or subcontractor that certifies: (a) the records are true and accurate; (b) the hourly rates paid to each worker is not less than the general prevailing rate of hourly wages required under the Prevailing Wage Act; and (c) the contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class A misdemeanor. Ix. Comptiance With Freedom Of Information Act Request. Section 7 of the Illinois Freedom of Information Act (FOIA), 5 ILCS 140/7, applies to public records in the possession of a party with whom the Village of Mount Prospect has contracted. The Village of Mount Prospect will have only a very short period of time from receipt of a FOIA request to comply with the request and there is a significant amount of work required to process a request including collating and reviewing the information. The bidder/contractor acknowledges the requirements of FOIA and agrees to comply with all requests made by the Village of Mount Prospect for public records (as that term is defined by Section 2(c) of FOIA) in the undersigned's possession and to provide the requested public records to the Village Mount Prospect within two (2) business days of the request being made by the Village of Mount Prospect. The bidder/contractor agrees to indemnify and hold harmless the Village of Mount Prospect from all claims, costs, penalties, losses and injuries 24 (including but not limited to, attorney's fees, other professional fees, court costs and/or arbitration or other dispute resolution costs) arising out of or relating to its failure to provide public records to the Village of Mount Prospect under the contract. 6. " ray . a. Maintenance Bond. A maintenance bond or a maintenance letter of credit is required. This maintenance bond or maintenance letter of credit amount shall consist of ten percent (10%) of the final project cost; it shall be posted by the contractor with the Village upon completion of all Work; and it shall be valid and effective for a period of two (2) years after the final acceptance of such Work by the Village for the purpose of guaranteeing against and securing the correction of any defect in material or workmanship furnished for such improvements, latent in character and not discernible at the time of final inspection or acceptance by the Village of Mount Prospect. b. General G,uaranly. Neither partial or final payment, nor any provision in the contract, nor partial or entire use of the product/Work embraced in the contract by the Village or the Public shall constitute an acceptance of work not done in accordance with the contract, or relieve the contractor of liability in respect to any express warranties or responsibility for failure to comply with the terms of those contract documents. Unless otherwise expressly provided in the Specifications, in the event any defects or imperfections in the materials or workmanship to be furnished by the contractor herein appear within the period of two (2) years from the date of completion of all the work and acceptance thereof by the Village, the contractor will, upon notice from said Village (which notice may be given by letter to said contractor to the business address of the contractor shown in the proposal), repair and make good at his own cost any such defects or imperfections and replace any defective or imperfect materials or workmanship with other materials or workmanship satisfactory to said Village, and furnish all such new materials and labor as may be necessary to do so; and in the event of the failure, refusal or delay of said workmanship or materials said Village may do so or have same done by others, and said contractor and surety or sureties on the bonds given for the faithful performance of the contract shall be liable to the Village for all damages and expenses occasioned by such failure, refusal or delay. All details of warranties shall be included with the bid. Warranty work shall be at no additional expense to the Village. Manufacturer warranties and guaranties shall be submitted with the bid and shall be considered a part of the contract where such specifications meet the minimum bid Specifications. 7. Miscelllaneo,us Contract ! me nts, a. Contract Alterations. No amendment of a contract shall be valid unless made in writing and signed by the Village President, Village Manager, or their authorized representative. b. Licenses And Permits. The Contractor shall procure at its own expense all necessary licenses and permits in connection with the work under the Contract. c. Nonass, na ilit 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. 25 Such assignment shell not relieve the contractor from its obligations or change the terms of the contract unless agreed by the Village at its sole discretion. d. Notices. All notices required by the contract shall be given in writing e. Taxes. The contractor shall pay all federal, state and local tames as may be applicable on all materials, labor and services furnished by it under the contract, and the amounts of such takes shall be included in the unit prices bid. SPECIAL PROVISIONS 611 t 811 SOLIC SDR,26 Description: This work shall consist of the installation of polyvinyl chloride pipe (PVC) of the size and wall thicknesses specified on the plans, and as specified in Section 1040.03 (a) of the Standard Specifications for Road and Bridge Construction. Construction Methods: Installation shall conform to Section 601 of the Standard Specifications for Road and Bridge Construction. All fittings shall be of the same material. This work shall include connections to the receiving storm sewer, new structure, or existing structure. All connections to existing structures shall be cored, and shall include a rubber boot seal. Basis of Payment: This work will be paid for at the contract unit price per foot for 6" or 8" SOLID PVC SDR 26. This price shall include all labor, material (including fittings), and equipment to complete this item and make any necessary connections. 61"SOLID PV'C SDR 21 (CLASS 2 IRECT'IONAL BgREJ Description: This work shall consist of the installation of polyvinyl chloride pipe (PVC) of the size and wall thicknesses specified on the plans by means of directional bore. Construction Methods: Installation shall be done using the directional boring method. All fittings shall be of the same material. This work shall include connections to the receiving storm sewer, new structure, or existing structure. All connections to existing structures shall be cored, and shall include a rubber boot seal. Basis of Payment: This work will be paid for at the contract unit price per foot for 6" SOLID PVC SDR 21 (CLAS S 200) (DIRECTIONAL BORE). This price shall include all labor, material (including fittings), and equipment to complete this item and make any necessary connections. §14 31 1810, SOLID PVC SDR,21-(CLASS Description: This work shall consist of the installation of polyvinyl chloride pipe (PVC) of the size and wall thicknesses specified on the plans, and as specified in Section 1040.03 (a) of the Standard Specifications for Road and Bridge Construction. Construction Methods: Installation shall conform to Section 601 of the Standard Specifications for Road and Bridge Construction. All fittings shall be of the same material. This work shall include connections to the receiving storm sewer, new structure, or existing structure. All connections to existing structures shall be cored, and shall include a rubber boot seal. Basis of Payment: 27 This work will be paid for at the contract unit price per foot for 6" or 8" SOLID PVC SDR 21 (CLASS 200). This price shall include all labor, material (including fittings), and equipment to complete this item and make any necessary connections. TRENCH BACKFILL Description: This work shall consist of furnishing aggregate for all trenches where the inner edge of the trench is within 2' of pavement, curb, gutter, or sidewalk. This work also includes the disposal of any excess material replaced by the trench backfill. Construction Methods: The work shall be done in accordance with section 208 of the "Standard Specifications for Road and Bridge Construction". All trench backfill material shall conform to CA-6 gradation as defined in Section 1004 of the 'Standard 'Specifications for Road and Bridge Construction. The trench backfill shall be placed in 9" lifts, and mechanically compacted. Basis of Payment: This work will be paid for at the contract unit price per cubic yard for TRENCH BACKFILL. This price shall include all labor, material, and equipment to complete this item. CATCH I DIX,) Description: This work shall consist of installing precast concrete catch basins with frames and lids at locations specified on the plans. Construction Methods: All installation shall conform to section 602 of the Standard specifications for Road and Bridge Construction. Eccentric cone sections shall be installed, except where such installation would cause the pipe(s) to connect to the catch basin through the cone section. In such cases a precast concrete flat slab top shall be installed. Basis of Payment: This work will be paid for at the contract unit price per each CATCH BASIN (48" DIA.). This price shall include all labor, material, and equipment to complete this item. 12"AREA DRAIN wV DOME OR FLAT GRATE Description; This work shall consist of the installation of a 12" round drain basin and grate manufactured by Nyloplast, a division of ADS, Inc., and shall include a dome or flat type grate as specified on the plan (Nyloplast H-10 dome grate or H-20 grate) or approved equal. Construction Methods. All installation shall conform to the manufacturer's instructions. Basis of Payment: This work will be paid for at the contract unit price per each 12" AREA DRAIN WI DOME or FLAT GRATE. This price shall include all labor, material, and equipment to complete this item. 8 RESTRICTOR Description: This work shall consist of constructing and installing a restrictor in the downstream side of the catch basins indicated on the plans. Construction Methods: The construction and installation shall conform to the CATCH BASIN WITH RESTRICTOR DETAIL included with these specifications. Basis of Payment: This work will be paid for at the contract unit price per each RESTRICTOR. This price shall include all labor, material, and equipment to complete this item. P.C.C. SIDEWALK REMOVAL &, REPLACEMENT Description: This work shall consist of the removal of existing sidewalk and the construction of new portland cement concrete (PCC) sidewalk, " minimum thickness. Construction Methods: The work shall be done in accordance with Sections 424 and 440 of the "Standard Specifications for Road and Bridge construction". At locations specified by the Engineer, existing concrete sidewalks will be removed and disposed of by the Contractor. The limits of removal will be marked by the Engineer. The sidewalk will be sacut full-depth and any areas outside the limits of the removal which are damaged will be replaced by the Contractor at his own expense. This work shall also include any additional excavation required to meet the base elevation of the proposed sidewalk. At locations where unsuitable base course materials are encountered, the materials shall be removed to a depth as specified by the Engineer. Aggregate base course material shall be used and compacted to adjust the base course to the proper elevation. The excavation and aggregate base course material shall be considered incidental to this item. Expansion joints 1/2 inch thick shall be placed between the sidewalk and all structures such as b- boxes, manholes, light standards, traffic light standards, and traffic poles which extend through the sidewalk. The b-boxes must be inspected and made operational, if required, by the Village prior to placing the concrete. Basis of Payment: This work will be paid for at the contract unit price per square foot for P.C.C. SIDEWALK REMOVAL & REPLACEMENT. This price shall include the cost for excavating to the proper base elevation, disposal of excavated material, furnishing and placing aggregate base course material where necessary, compaction of the-base course, the concrete mixture, the expansion joint filler, and all other labor, materials, and equipment to complete this item. COMBINATION CONCRETE CURB &GUTTER REMOVAL & REPLACEMENT Description: This work shall consist of the removal of designated existing curb and gutter and installation of new curb and gutter. Construction Methods: The work shall be done in accordance with Sections 440 and 606 of the "Standard Specifications for Road and Bridge Construction". The Contractor will saw-cut a clean joint between the portion of curb and gutter to be removed and that which is to remain. If the Contractor removes or damages the existing curb and gutter outside the limits designated by the Engineer for removal and replacement, he will be required to remove and replace that portion at his own expense. Basis of Payment: This work will be paid for at the contract unit price per foot for COMBINATION CONCRETE CURB & GUTTER REMOVAL & REPLACEMENT. This price shall include all labor, material and equipment necessary to remove and replace the Curb and Gutter including all saw-cutting. This item will include any type of curb and gutter encountered, including but not limited to barrier curb, mountable curb, depressed curb, and integral curb and gutter. CLASS D PATJyPE ,2,, Description: This work shall consist of the removal and satisfactory disposal of existing pavement and construction of a pavement patch as shown on the plans. Construction Methods: The pavement to be removed shall be disposed of by the Contractor. The limits of the removal shall be marked by the Engineer; any pavement outside the area limits of removal damaged during construction shall be removed and replaced at the Contractor's expense. The Contractor shall constructed the pavement patch in accordance with Section 442 of the Standard Specifications for Road and Bridge Construction insofar as applicable. Basis of Payment: This work will be paid for at the contract unit price per square yard of CLASS D PATCH, of the TYPE specified. This price shall include all labor, material, and equipment to complete this item. P.C.C. DRIVEWAY APRON REMOVAL & REPLACEMENT Description: This work shall consist of the removal and satisfactory disposal of existing concrete driveway aprons disturbed during draintile installation as indicated on the plans. This work shall also consist of the construction of new concrete driveway aprons as shown on the plans. Construction Methods: The concrete or asphalt driveway aprons to be removed shall be disposed of by the Contractor. The limits of the removal shall be marked by the Engineer; any pavement outside the area limits of removal damaged during construction shall be removed and replaced at the Contractor's expense. The Contractor shall construct 5" Portland Cement Concrete driveway apron in accordance with Section 420 of the Standard Specifications for Road and Bridge Construction insofar as applicable. If directed by the Engineer, the Contractor shall remove a depth of the existing base and replace it with compacted aggregate base course, CA-6 gradation as defined in Section 1004 of the Standard Specifications for Road and Bridge Construction. Basis of Payment: 30 This work will be paid for at the contract unit price per square yard of P.C.C. DRIVEWAY APRON REMOVAL & REPLACEMENT. This price shall include all labor, material, and equipment to complete this item. TOPSOIL FURNISH & PLACE Description: This work shall consist of furnishing and placing topsoil at locations where sod is to be installed as determined by the Engineer. Construction Methods: The work shall be done in accordance with 'Sections 211 of the "Standard Specifications for Road and Bridge Construction". Basis of Payment: This work will be pard for at the contract unit price per square yard for TOPSOIL FURNISH & PLACE. This price shall include all labor, material, and equipment to complete this item. 4 - L Description: This work shall consist of furnishing and placing sod at locations as determined by the Engineer. Construction Methods: The work shall be done in accordance with Sections 252 of the "Standard Specifications for Road and Bridge Construction". Basis of Payment: This work will be paid for at the contract unit price per square yard for SODDING SPECIAL. This price shall include all labor, material, and equipment to complete this item and all the required watering. RAIN GARDEN SOIL FURNISH & PLACE Descrr'ption: This work will consist of furnishing and placing rain garden soil mix in the rain garden areas designated on the plans. Construction Methods: The rain garden soil mix shall consist of 60% sand, 25% top soil and 15% compost or peat moss. The rain garden soil mix must be mixed offsite, and certified by the Contractor and inspected by the Village prior to placement. Basis of Payment: This work will be paid for at the contract unit price per cubic yard for RAIN GARDEN SOIL FURNISH & PLACE. This price shall include all labor, material, and equipment to complete this item. 31 CLEAN CONSTRUCTION ORMIMICILITION DEBMS MCDD) The Contractor shall only be responsible for the disposal of clean construction debris, The Contractor shall prepare all bid pricing based on the assumption that all excavations and associated debris will comply with the clean construction debris disposal requirements and that the debris can and will be disposed of at any clean debris landfill. The Village or its CCDD consultant will prepare all Source Site Certification by Owner or Operator forms (or LPC-662 manifests) for each location and for each date of excavation during this project. These forms will be provided to the contractor by the engineering project representative or (EPR). The Contractor shall acquire one manifest for each load as outlined in the state regulations and shall be responsible for only the costs of disposal of clean construction debris. SUSPECT DEBRIS The Contractor shall only be responsible for the disposal of any and all clean construction debris. If the Contractor, for whatever reason, suspects that an excavation, debris load, or any portion thereof, may contain non-clean construction debris, then he shall immediately notify the Village or the EPR. The Public Works Department can be reached at 847-870-5640. If the Village or EPR agree that the material is,�,g,§2e,ct then the Contractor shall set aside that suspect load or portion thereof on site or at a holding area identified by the Village. The Contractor shall at that time be no longer responsible for the disposal of that load or portion thereof. The Village and its CCDD consultant will become responsible for the testing and subsequent disposal of all suspect debris. 32 Bid Form Page I BID FORM 2019 Backja,,rd Drain Prygram Village of Mount Prospect Department of Public Works FROM: (hereinafter called "Bidder") TOS Office of the Village Manager, 3rd Floor 50 South Emerson Street Mount Prospect, Illinois 60056 (hereinafter called "Village" or"Village of Mount Prospect") Bid For: "2019 Backyard Drainage Program" The bidders have familiarized themselves with the work and probable work conditions required under this Bid affecting the cost of the work and with the Bid Documents which include: Notice to Bidders Table of Contents Instructions for Bidders General Conditions and Special Provisions Specifications Bid Form Affidavit— Bid Certification Form Bid Security Bid Sheet Other materials or standards provided or noted by the Village Contract Document Performance Bond Form Labor and Materials Payment Bond Form Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel, labor, materials, tools appurtenances, equipment, and services (including all utility and transportation services) required to construct and complete the Work, all in accordance with the above listed documents. Bidder agrees to perform all of the Work and provide the equipment and materials described in the Bid Documents, as follows: Bidder has bid on all items and has provided a price for all items. The Bidder acknowledges that it is responsible for verification of all pipe sizes and depths prior to the ordering of materials. The Bidder will complete and provide all labor, equipment, materials and mobilization (if applicable) to perform the Work as incidental to the fixed item price for each item proposed. 33 Bid Form Page 2 In submitting this bid, the Bidder understands that the Village of Mount Prospect reserves the right to add to or subtract from the estimated quantities. The Village of Mount Prospect intends to award one (1) contract (if at all) for the items bid. If written notice of award of this bid is mailed, emailed or otherwise delivered to the Bidder at any time before this bid is withdrawn, the Bidder agrees to execute and deliver the contract in the prescribed form and furnish payment and performance bonds, or letter of credit, and the insurance certificates required by the Bid Documents to the Village within ten (10) days after receipt. The Bidder, and as successful bidder/Contractor upon award of the Contract understands and agrees to the following: 1) The Contractor agrees to provide all Work and items and material to the Village as noted in the Bid Documents and comply with the requirements of the Bid Documents. 2) The Contractor agrees to comply with all applicable state and federal laws, rules and regulations, and county and municipal ordinances, as described in the General Conditions. All Addenda pertaining to this project shall be acknowledged by the Bidder in the spaces provided below: ............................................................................................................................................................................................................................................................................................. ..................................... Addendum mmm Addend u m Acknowledgement by Bidder or Date No. Date Authorized Representative Acknowled ed ......................................................... ............................. ......... Failure to acknowledge receipt, as provided above, may be considered sufficient grounds for disqualification of the bidder and rejection of his/her bid submittal. A record of all Addenda and copies of same will be available to all qualified bidders from the Village of Mount Prospect Public Works Department, 1700 West Central Road, Mount Prospect, Illinois two (2) days prior to the letting. It shall be the bidder's responsibility to become fully advised of all Addenda prior to submitting its bid. I Upon award the contract the Village will send Notice of Award to the successful bidder, The bidder must then execute the contract and provide the required bonds or letter of credit and certificate of insurance to the Village within ten (10) days. The Village will then issue a written Notice to Proceed, which starts the performance period and the contractor then has ten (10) days to commence work. The contractor shall reach substantial performance within fourteen 114) consecutive calendar days before final completion. Final completion shall be fortL- fivecalendar days after the Notice to Proceed has been issued. Failure to 0 complete the work in the designated time frame may result in the Director of Public Works withholding compensation due the contractor for failure to complete the said work in the designated time frame, calling the bonds, or taking such other action as may be available. 34 Bid Form Page 3 Security in the sum of ten (10%) percent of the amount bid in form of(check one): Bid gond Certified Check Bank Cashier's Check is attached hereto in accordance with the "Instructions for Bidders". This gid Submittal contains the following: 1) Bid Form 2) Affidavit— gid Certification Form 3) gid ,Security 3) Bid Sheet (s) Respectfully submitted: Name of Firm/Bidder; By: (Signature) Title: Date: Contact Information: Official Address: Telephone: Email: 35 VILLAGE OF MOUNT PROSPECT AFFIDAVIT— BID CERTIFICATION FORM Bidder: Company/Firm Name.,-, Address: , As a condition of entering into a contract with the Village of Mount Prospect, and under oath and penalty of perjury and possible termination of contract rights and debarment, the undersigned, being first duly sworn on oath, deposes and states that he or she is (sole owner, partner, joint ventured, President, Secretary, etc.) of and has the authority to make all (Name of Company) certifications required by this affidavit. Section I Non Collusion The undersigned certifies that this bid is genuine and not collusive or a sham, that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, to fix the bid price element of this bid, or of that of any other bidder, or to secure any advantage against any other bidder or any person interested in the proposed contract. Section II Bi d R'mi c mana. -a,n,d Rota The undersigned further states that (Name of Company) is not barred from bidding or contracting as a result of a conviction for violations of state laws prohibiting bid rigging or bid rotating or any similar offense of any state of the United States, as provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code, 720 ILCS 5/33E-3, 33E-4. Section III Drug ftee Wo,rkp!Lqe,, The undersigned further states that (Name of Company) provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 ILCS 580/1, et seq., and has, to the extent not covered by a collective bargaining that deals with the subject of the Substance Abuse Prevention in Public Works Projects Act, 820 ILCS 265/1 et seq., a substance abuse prevention program that meets or exceeds these requirements of that Act. Section IV 'Tax P, yment The undersigned further states that is (Name of Company) not delinquent in payment of any taxes to the Illinois Department of Revenue, in accordance with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned understands that making a false statement regarding delinquency in taxes is a Class A Misdemeanor and, in addition voids the contract and allows the municipality to recover all amounts paid to the individual or entity under the contract in civil action. 36 Page 2 -AFFIDAVIT— BID CERTIFICATION FORM Section V Sexual Kar IIIc Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A), every party to a public contract must: "Have written sexual harassment policies that shall include, at a mini-mum, the following information: (1) the illegality of sexual harassment; (11) the definition of sexual harassment under State law; (111) a description of sexual harassment, utilizing examples; (IV) the vendor's internal complaint process including penalties; (V) the legal recourse, investigative and complaint process available through the Department (of Human Rights) and the Commission (Human Rights Commission); (VI) directions on how to contact the Department and Commission; and (VII) protection against retaliation as provided by Section 6-101 of the Act. (Illinois Human Rights Act)." A "public contract" includes: ...every contract to which the State, any of its political subdivisions or any municipal corporation is a party." 775 ILLS 5/1-103 (M) (2002)7 The undersigned further states that has (Name of Company) a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105 (A) (4). It is expressly understood the foregoing statements and representations and promises are made as a condition to the right of the bidder to receive payment under any award made under the terms and provisions of this bid. The undersigned certifies that all information contained in this Affidavit is true and correct. Signed by Title: Signature Name Printed, Signed and sworn to before me this day of 20 . My commission expires-, Notary Public 3 7 BID SECURITY Included with this bid is a bank cashier's check, certified check or bid bond in the amount of A being ten percent (110%) of the total amount bid by , the Bidder, in favor of the Village of Mount Prospect. It is hereby agreed that, should Bidder be awarded the Work contemplated under this bid and fail or refuse to execute a contract for said Work, or to provide the required payment and performance bonds, or letter of credit, and certificate of insurance, then this security, in the amount stipulated above, shall be forfeited and may be retained by the Village of Mount Prospect as liquidated damages and not as a penalty. All bids to remain firm for a period of ninety (90) days after bid opening date. SUBMITTED THIS DAY OF 20, SEAL (if corporation) Bidder'. Bidder's Agent and Agent's Title.- Title Note: If bidder is a partnership, the bid must be signed by at least two of the partners. Note: If bidder is a corporation, the bid must be signed by an authorized officer of the corporation, attested and sealed by the secretary or other authorized officer. If a corporation, note here the state of incorporation: Incorporated under the laws of the State of 38 BID SHEET "2019 Backyard Drainage Program" (TO BE FILLED OUT BY THE CONTRACTOR/BIDDER) The Bidder will complete pricing for all items(#1-17)to provide all labor, equipment, materials and mobilization (if applicable)to perform this work. The fixed item price given is to be,all 1*nclusiive. -------------- ITEM DESCRIPTION UNIT QUANTITY UNIT TOTAL NO. PRICE 1 6" Solid PVC SDR 26 Foot 160 2 67" Solid PVC. SDR 21 (Class 200) Foot 50 3 6" Solid PVC SDR 21 (Class 200) (directional Foot 505 bore) I 4 8" Solid PVC SDR 26 Foot 60 5 8" Solid PVC SDR 21 (Class 200) Foot 20 6 Trench Backfill CuYd 66 Catch Basin (48" dia.) Each 4 8 12"Area Drain w/ Dome or Flat Grate Each 9 9 Restrictor Each 4 10 P.C.C. Sidewalk Removal & Replacement SqFt 250 11 Combination Concrete Curb &Gutter Foot 15 Removal & Replacement 12 Class D Patch, Type 2 SqYd 39 13 Class D Patch, Type 3 SqYd 18 14 P.C.C. Driveway Apron Removal & SqYd 47 --Replacement 15 Topsoil Furnish & Place SqYd 400 ................... ............................................................................................................................... 16 Sodding, Special SqYd 400 ......................... 17 Rain Garden Soil Furnish & Place CuYd 40 t—� ......— .................. TOTAL FOR ITEMS 39 CONTRACT THIS Contract (hereinafter the "Contract") is entered into on this day of , 2019, by and between the VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation (hereinafter the "Village"), and , a Cor oration (hereinafter the `Contractor") (Village and Contractor sometimes referred to individually as "Party" and collectively as "Parties"), WHEREAS, the Village has solicited competitive bids for its 2019 Backyard Drainage Program; and WHEREAS, the contractor submitted a bid to perform the work associated with the 2019 Backyard Drainage Program (hereinafter the "Bid"); and WHEREAS, upon its review of the submitted bids, the Village has awarded the contract to perform the work associated with the 2019 Backyard Drainage Program to the Contractor, subject to the execution of this Contract; NOW, THEREFORE, for and in consideration of their mutual promises, covenants, undertakings and agreements, the parties agree as follows: ARTICLE I —CONTRACT DOCUMENTS This Contract is subject to the terms and conditions set forth in the Contract Documents, which are incorporated herein as if fully set forth, and include the following gid Documents with Bidder's/Contractor's Bid Submittals prioritized to be included in number 8*: 1. Notice to Bidders 2. Table of Contents 3. Instructions to Bidders 4. general conditions and Special Provisions 5. Specifications 8. Bid Submittals, including Bid Form, Affidavit— Bid certification Form, Bid Security, Bid Sheet (*Bidder's/Contractor's completed gid Submittals) 7. Other materials or standards provided or noted by the Village 8. Contract 9. Applicable performance and labor and materials payment bonds, or letter of credit. (Collectively the "Contact Documents") ARTICLE 11 — PERFORMANCE BY CONTRACTOR 1. The Contractor agrees to perform the work, including all labor, materials, equipment and services, in accordance with the terms and conditions set forth in the Contract Documents (hereinafter the "Work"). 2. The Contractor acknowledges that the Village reserves the right to add to or subtract from the estimated quantities. 3. The Contractor certifies that it will comply with all state and federal laws and regulations, and county and municipal ordinances, as set forth in the general Conditions. 1 ARTICLE III — PERFORMANCE BY VILLAGE The Village agrees to pay the Contractor for its performance of the Work in the manner and amount provided in the Contract Documents. ARTICLE IV - CONFLICT BETWEEN CONTRACT DOCUMENTS In the event of a conflict between any Contract Document and the terms of this Contract, the Contract shall control to the extent of the conflict. In the event of any other conflict between Contract Documents, the preceding Document shall govern to the extent of the conflict based upon the order of priority set forth in Article I of this contract, unless otherwise specifically stated. ARTICLE V--COMMENCEIVIENTAND COMPLETION OF WORK After the written Notice to Proceed is issued by the Village, which will start the performance period, the Contractor then has 10 days to commence work. The Contractor shall achieved substantial performance within fogrt consecutive calendar days before final completion. Final completion shall be fo l-v consecutive calendar days after the Notice to Proceed has been issued. The Contractor shall commence performance of the Work and complete performance of the Work, in accordance with the schedule set forth in the Contract Documents, but in no event shall any Work be performed prior to the Village's receipt of this contract, executed by Contractor, and the Village's acceptance and approval of the payment and performance bonds, or letter of credit, and certificate of insurance required by the Contract Documents. ARTICLE V— NOTICE Unless otherwise provided, all notices required under this Contract shall be made in writing and addressed or delivered as follows: TO THE VILLAGE OF MOUNT PROSPECT- The Village of Mount Prospect 1700 West Central Road Mount Prospect, Illinois 00056 ATTN: Director of Public Works TO CONTRACTOR- at the address set forth on the Bid Form, or: Notices shall be deemed effective when received by personal service or registered or certified U.S. mail, postage prepaid and receipt requested, to the address so specified. Either Party may, by written notice to the other, change its own mailing address. ARTICLE VI — PRIOR AGREEMENTS; SUCCESSORS This Contract supersedes all previous agreements, understandings and representations of any nature whatsoever, whether oral or written, and constitutes the entire understanding between the Parties. The terms of this Contract shall be binding upon and inure to the benefit of the parties and the partners and officials, successors in interest, executors, administrators, assigns and representatives and their respective successors and assigns, provided, however, that the Contractor shall not assign, sublet or transfer any rights or interest in this Agreement in whole or in part without the prior written approval of the Village, except to the extent that the Contract Documents provide otherwise. ARTICLE VII - DEFAULT BY CONTRACTOR If the Contractor fails to begin the Work under the Contract within the time specified, or fails to perform the Work in accordance with the terms of the approved schedule or performs the Work 42 in a manner unacceptable to the Village, or neglects or refuses to remove materials or perform anew such Work as has been rejected by the Village, or if the Contractor shall become insolvent or be declared bankrupt, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall fail to carry on the Work in a manner required by the Contract, the Village shall give notice as hereinafter provided to the Contractor and its surety in writing specifying such failure, delay, neglect, refusal or default, and if the Contractor, within a period of ten (10) calendar days after the giving of such notice, shall not proceed in accordance therewith, then the Village shall have full power and authority to declare the this Contract and the Contractor in default, and to forfeit the rights of the Contractor in this Contract. Upon declaration of Contractor's default, the Village may, at its option, call upon the surety to complete the Work in accordance with the terms of this Contract or may take over the Work, including any materials on the Work site as may be suitable and acceptable to the Village and may complete the Work by its own forces or on its own account, or may enter into a new contract or contracts for the completion of the Work, or may use such other methods as shall be required for the completion of the Work in an acceptable manner as the Village may in its discretion determine. All costs and charges incurred by the Village, together with the cost of completing the Work shall be deducted from any moneys due or which may become due on this to the Contractor under this Contract. Following any payment due and received by the Village from the Contractor's surety following default, if the expense so incurred by the Village is less than the sum paid to the Village by the surety under this Contract for work remaining, the surety shall be entitled to receive the excess difference paid to the Village. When such Contractor default costs incurred by the Village exceeds the sum paid to the Village for the work remaining under the Contract the Contractor and the surety shall be liable and shall pay to the Village the full cost of such additional expenses. ARTICLE Vill - DEFAULT BY VILLAGE In the event of a material default by the Village under this Contract, the Village shall have sixty (60) days, from notice thereof by Contractor, to cure the default prior to Contractor's termination of this Contract. The failure to pay a contested invoice shall not be considered a material default. Upon termination, the Village shall be responsible to pay any uncontested payments due for work performed. ARTICLE IX—VENUE The parties hereto agree that for purposes of any lawsuit(s) between them concerning this Agreement, its enforcement, or the subject matter thereof, venue shall be in Cook County, Illinois, and the laws of the State of Illinois shall govern the cause of action. 11 ARTICLE X - SEVERABILITY OF CONTRACT If any term of this Contract is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the Contract terms will remain in full force and effect and will not be affected. ARTICLE X1 - CUMULATIVE REMEDIES The exercise or failure to exercise any legal rights and remedies associated with any act of default or breach hereunder by either Party will not constitute a waiver or forfeiture of any other rights and remedies, and will be without prejudice to the enforcement of any other right or remedy available by law or authorized by this Contract. ARTICLE X11 - COMPLIANCE WITH LAWS Each party to this Contract will comply with all applicable state and federal laws and regulations, and county and municipal ordinances and regulations. 43 ARTICLE X111 - DISPUTE RESOLUTION Should a dispute arise between the Village and the Contractor as to the terms and conditions of the Contract, or the responsibilities, limitations, or working relations of either Party, the designated project personnel will make every reasonable effort to resolve the difference in accordance with the terms and conditions of the Contract. If a dispute continues despite these efforts, it shall be referred to the Parties' Project Managers. If the above action fails to resolve the dispute, the Parties may, by agreement, elect to resolve the dispute through a mediation process. Each Party shall bear its own costs in preparing and conducting mediation, except that the costs, if any, of the actual mediation proceeding shall be shared equally by the Parties. The mediation process is defined as follows: The Parties shall select a mutually agreeable mediator from American Arbitration Association lists or any other agreeable list to aid the Parties in resolving the dispute. The mediator shall not be an employee or former employee of either Party. The first meeting shall be held at a location chosen by the Village. At the meetings, each Party may present materials and/or arguments to the mediator. The mediator's decision shall be not be binding upon either Party. In the event that the foregoing steps fail to resolve the dispute, either Party may bring suit in the Circuit Court of Cook County, Illinois. ARTICLE XIV -ASSIGNMENT No rights or interest in this Contract may be assigned by Contractor without prior written notice being provided by Contractor to the Village and the Village's written approval. The Village shall not unreasonably withhold its approval of such assignment. In the event of an assignment, the Contractor shall not be relieved of its obligations under the Contract unless agreed to by the Village, at its sole discretion. ARTICLE XV - RECRUITING The Parties shall not, without the consent of the other Party, entice, encourage, offer special inducements, or otherwise recruit employees of the other Party during the period of this Contract and for a period of one (1) year thereafter. This clause is not intended to restrict any individual's right of employment but rather is intended to preserve the relationship intended under this Contract and to prevent the Parties from actively recruiting the employees of the other Party. ARTICLE XVII -COUNTERPARTS This Contract may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same agreement. ARTICLEXV11111. - ENFORCEABILITY If any provision of this Contract is found to be invalid, illegal or unenforceable, that provision shall be severable from the rest of this Contract and the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired. ARTICLE XIX - EFFECTIVE DATE The effective date of this Contract shall be the date of the last signature executing the Contract (hereinafter referred to as the "Effective Date"). ARTICLE XX -ADVERTISEMENT Contractor shall not use, in its advertising, marketing programs, or other promotional efforts, any data, pictures, or other representation of the Village, except with the specific written authorization in advance by the Village. 44 ARTICLE XXI - CAPTIONS• HEADINGS The paragraph headings which appear herein are included solely for convenience and shall not be used in the interpretation of this Contract. ARTICLE XXII — ENTIRE AGREEMENT This Contract, consisting of the Contract Documents, constitutes the entire agreement between the Parties for the subject matter hereof and supersedes all prior arrangements, agreements, representations and undertakings, written or oral. This Contract may not be changed or modified except by a written instrument duly executed by each of the Parties hereto. IN WITNESS WHEREOF, the Parties hereto have executed this Contract. Contractor: VILLAGE OF MOUNT PROSPECT By: By: , Title: Title: Date: Date'. ATTEST- ATTEST: Title-, Title: Date: Date: 45 ''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 the 2019 BACKYARD DRAINAGE PROGRAM in accordance with the drawings and specifications prepared by. VILLAGE OF MOUNT PROSPECT (Village of Mount Prospect or architect/engineer), which contract is incorporated herein and made a part hereof; and WHEREAS, the Contractor is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, workmen, mechanics, material suppliers, and other persons as provided by law; NOW, THEREFORE, we, the undersigned Contractor and with main office at as Surety, are held and firmly bound unto the Village in the penal sum of Dollars ($ , lawful money of the United states, for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these present. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor shall fully, promptly pay for all laborers, workmen and mechanics engaged in the work under the Contract, and not less than the general prevailing rate of hourly wages as required by the Contract and the Illinois Prevailing Wage Act, 820 ILLS 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 47 service or United States Mail, postage prepaid, certified or restricted delivery, return receipt requested, limited to addressee. The notice shall contain 1) the name and address of the claimant; 2) the business address of the claimant within the State of Illinois, if any, or if the claimant be a foreign corporation having no place of business within the State, the principal place of business of the corporation, and in the case of partnership, the names and residences of each of the partners; 3) the name of the Contractor for the Village; 3) the name of the person, firm or corporation by whom the claimant was employed or to whom such claimant furnished materials; 4) a brief description of the public improvement for the construction or installation of which the Contract is to be performed; and 5) a description of Claimant's contract as it pertains to the public improvement describing the work done by the claimant and stating the total amount due and unpaid as of the date of the verified notice. No defect in the notice herein provided for shall deprive the claimant of its right of action under the terms and provision of this Bond unless it shall affirmatively appear that such defect has prejudiced the rights of an interested party asserting the same. 3. No action shall be brought on this Bond later than one year after the date of the last item of work or of the furnishing of the last item of materials. Such suit shall be brought only in the circuit court of the State in the judicial district in which the Contract is to be performed. 4. The Village shall not be liable for the payment of any costs or expenses of any such lawsuit, and the Village does not have any obligations to any Claimants who make claims on this Bond. Surety will pay for all such claims, and for all costs and expenses of any such lawsuit, up to a maximum of the amount of this Bond. Surety hereby expressly agrees that no extension of time, change, modification, alteration, deletion, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this Bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, deletion, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder. Surety's obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, workmen, mechanics, material suppliers, and other persons in connection with the Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing the Village's rights against the others. Any payment by the Surety made in good faith pursuant to this Bond shall reduce the principal amount of this Bond. 48 Signed and sealed this day of 1, 20 Contractor Surety By: By: , Signature Officer Of The Surety Title Title Address: ATTEST: Corporate Secretary (corporations only) NOTARY STATE OF COUNTY OF 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 '120 Notary Signature-, My Commission expires,: (Attach Surety's Power of Attorney) 49 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 i" a corporation of the state of ,as Surety (hereinafter "Surety"), are held and firmly bound unto the Village of Mount Prospect, an Illinois municipal corporation (hereinafter"Village"), in the penal sum of Dollars ($ 1 , lawful money of the United States, for the payment of which, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has entered into a written agreement with the Village dated I (hereinafter "Contract"), for the construction of the 2019 BACKYARD DRAINAGE PROGRAM in accordance with the drawings and specifications prepared by: VILLAGE CSF MOUNT PROSPECT. (Village of Mount Prospect or architect/engineer), which Contract is incorporated herein and made a part hereof. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor shall fully, promptly and completely discharge the Contract and all duly authorized modifications, alterations, changes, or additions to said Contract as may hereafter be made, and during the life of any guaranty required under the Contract, and, if Contractor shall fully secure and protect the Village from all liability and from all loss or expense of any kind, including all court costs and 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, 51 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 20 Contractor Surety By: By: Signature Officer Of The Surety Title Title ATTEST: Address: Corporate Secretary (corporations only) OWWWWWWWWWWWWWN" NOTARY STATE OF COUNTY OF I t, 1, a Notary Public in and for said county, do hereby certify that (insert Name of Attorney-In-Fact for Surety) who is personally known to me to be the same person whose name is subscribed to the foregoing instrument on behalf of Surety, appeared before me this day in person and acknowledge respectively that he/she signed, sealed, and delivered said instrument as his/her free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this day of 1120 Notary Signature: My Commission expires' (Attach Surety's Power of Attorney) 0 5 2 I GRASS AREAS PAVED AREAS I �..� �M°u..xie M, a'w ,�< iN""y�.,',ti �a�'v.;iVl�Jry .,:.. .. �df"yV1M°'" +MWN � Msx ~�,�N Jx, r � s �Ir� N . P' a y )Q''�o rl 775'^M..,,a ��u1M ,nra �'•+�w uN"g „yk�"(,, 141, r iW � r 4r 'ga� h � a�� tlM v"x � I U11 NOTES: GRASS AREAS IN R.O.W. MUST BE RESTORED WITH 4"OF TOP SOIL AND SOD B SEE PAVEMENT RESTORATION DETAIL FOR PATCHING REQUIREMENTS 2A UNDER GRASS AREAS BACKFILL WITH EXCAVATED MATERIAL PLACED AND COMPACTED IN 12" LIFTS UNDER, AND WITHIN 2' OF PAVEMENT, CURB&GUTTER, AND SIDEWALK, BACKFILL WITH CA-5 MATERIAL IN 9" LIFTS COMPACTED TO 95%MAX. DENSITY CA-11 STONE BACKFILL PLACED AND COMPACTED IN 8" LIFTS 4 CA-11 STONE BEDDING. MINIMUM THICKNESS=1 l4 OF THE OUTSIDE DIAMETER OF THE PIPE, BUT NO LESS THAN 40 " UNSUITABLE MATERIAL TO BE REMOVED AT THE DIRECTION OF VILLAGE ENGINEER, AND REPLACED WITH COMPACTED CA-11 STONE THE TRENCH WIDTH ,SHALL BE AT LEAST 18"WIDER THAN THE OUTSIDE DIAMETER OF THE PIPE Village + Mountt,06ros '+pct Public Works Department 1700 W. Central Rd. TRENCH SECTION DETAIL Last Revised: 8-09 H:\Engineering\ReferencelDetails\VillageStandards\TRENCH SECTION DETAIL.dwg EAST JORDAN 1050 W1 SOLID COVER NOTE 3 I a. ECCENTRIC CONE SECTION v" a w rt, i rtrt STEPS 8"x8"TEE IYyl.o i�IIIM � . NNNI µ j yy ' w 7 REMOVABLE INLET CAP q a wW P OUTLET 3"-011 1L11 UNLESS OTHERWISE NOTED " .oti�° RESTRICTOR CAP WI w16 2"HOLE COMPACTED ro CA-11 STONE _m '14 14 'ow w,�; ,��• v ° Nxm .x "�,4' m �' m'6 �`�," 4P''4, w Ji wwywro""; a NOTES: I., PRECAST SECTIONS TO BE JOINED WITH TONGUE AND GROOVE JOINTS SEALED WITH MASTIC TYPE BITUMINOUS JOINTING COMPOUND. 2. PRECAST CONCRETE BARREL SECTION ASTM C-478 AND ASTM C-443. 3. PRECAST CONCRETE RING CONSTRUCTION ASTM C-478-64T ADJUSTMENT TO 12"MAXIMUM, USING THE MINIMUM NEEDED TO ACHIEVE THE DESIRED ELEVATION WITH 3 RINGS MAXIMUM, RUBBER NOISE RINGS SHALL BE USED IN ALL TRAFFIC AREAS. 4. STEPS,SHALL BE EMBEDDED INTO WALL A MINIMUM OF 3"AND SHALL NOT BE EXTENDED ON THE OUTSIDE. 5. MINIMUM DIAMETER(D)SHALL BE 48"UNLESS OTHERWISE NOTED ON THE PLAN. 6. A FACTORY INSTALLED"RUBBER BOOT SEAL"SHALL BE PRECAST INTO ALL PIPE OPENINGS WHEN CATCH BASINS ARE TIED INTO COMBINED SEWER SYSTEM. Village of Mount P Public Works Department 1700 W Centrad Rd CATCH BASIL W/ RESTRICTOR DETAIL Scale: None Last Revised: 05-09 H:1Engineering\Reference\Details\VillageStandards\CATCH BASIN WITH RESTRICTOR DE' AIL A A g B c C i l 0.75" " i (PER MANUFACTURER'S SPEC; ) 21"DIA. .75" DIA 1.75" LO `'j 969 f 1.5 1.3844.Y.3id"" IyW 20 1211 24"DIA. (PER MANUFACTURER'S RER' SPECS) 36"DIA. SECTION A-A SECTION B-B SECTION C-C CAST FRAME CAST OPEN LID CAST SOLID LID NOTES: 1 APPROVED MANUFACTURER"S.PRODUCT NUMBERS FOR FRAMES AND LIDS: PANED AREAS(SOLID LID).EAST JORDAN 1050,EXTRA HEAVY DUTY,TYPE A,SOLID COVER -PAVED AREAS(OPEN LID):EAST JORDAN 10501,EXTRA HEAVY DUTY,TYPE 1020M1 GRATE NON-WAVED AREAS(SOLID LID):EAST JORDAN 1450,MEDIUM DUTY,TYPE A SOLID COVER -NON-PAVED AREAS(OPEN LID):EAST JORDAN 1050,MEDIUM DUTY,TYPE 01 BEEHIVE GRATE 2. SANITARY FRAMES AND COVERS FOR MANHOLES LOCATED WITHIN FLOODPLAIN AREAS AND HAVING A RIM ELEVATION BELOW THE FLOOD PROTECTION ELEVATION,SHALL RE WATER TIGHT,LOCK TYPE COVE RS-NEENAH NO.R-1755-B OR APPROVED EQUAL, 3. ALL SANITARY LIDS MUST BE GASKET TYPE WITH CONCEALED PICKHOLE;,. 4, ,SOLID LIDS FOR VILLAGE OWNED STRUCTURES MUST HAVE THE WORDS"VILLAGE OF MOUNT PROSPECT"AND HAVE THE NAME OF THE UTILITY (WATER-SANITARY-STORM)CAST INTO THE LID. 5, OPEN LID'S MUST HAVE THE WORDS"DUMP NO WANE,DRAIN'S TO WAT ERWAYS"CAST INTO THE LID. 6. OTHER MANUFACTURER'S PRODUCTS OF EQUAL SPECIFICATION MAY RE'SUBSTITUTED AT THE APPROVAL.OF THE VILLAGE ENGINEER. i Village of Mount Prospect Public Works Department 1700 W. Central Rd. FRAMES AND LIDS Last Revised: 8-09 H:\Engineering\R farm a\Chet,ail, Vi11ageStandard T RAM ES AND LID .dwg i U C !� pw 1 •i-r 00 w ui �i W J U) z iW � ¢ Loo X IL m —W � _ z Z O LLNom. 1 U Y + z o ,, , 0 z J WW F- w 0 C■■� �I > d Q- W J M W J z Z 10 ■ w W a) �— CU w cn cn ca 00 Ye µ J ,iN1"'e w 'MvdN i 1 " I "14 z w z z 0 CL W W z t '"� [� W e W LL CC ~ � 0 CL <Lij Q 0 F- Cwt C1 E-LZ < W � W Lij CLqq � cn co C) M m to Z w s < Z Q < 0 O -r 0 LLJ CL J w W = z ? rn "6 1- W U- fes- fes- (n Ir LL CC C1 W 0 < 00 n- W = 0 I- 0 _ z 0 w � L W " e C J � ~ = z LLLL U} C1 _ < W CD ""�" LL C) Fr LL (n. 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CL ir z x mw U) w ui w 3: z 'r Z U) z 00 < 0 -n 0 m ,000 Tot LM E cl CLU_ Z z CO n < CL ------------ 0 x C/) *00 CL UJ w Z U- 0 Er z a 00 w--------- Alk 11, < cn En ui AV- z z w lw o�, al. ,'I a: �- < Z 0 -j W > 0 x C)f 0 00 4* 0 C) ui (n j z Cr z < w En w (1) w ?,- +�— (Y) z UJ 0 ca --3 (D C\jcc I- w w loom= 0 (0 2 CO) w 0 < Cb > C.) < > W U) Cr -j "o. m z CM m uj CL uj MCn w > U) z z z > 0 z cr w D 0 0 w 0 0 < U)F- C)Z 0 Z < 0 Z C) ; Lu CL w -j < w 0 uj Cc 0 U- cd > 0 z < < (D 0 >!� U) < Er W MI CL 0 0 z r- :) 0 0 Z CL < 0 W 2 w w M 0 U- W wm L) U M z z C� w CL < co CC Z 0 "T ox CIO 0 z z = U) z2< uiOUZ < X ui LJJctzw 0 - F- < w U) w In 0 ui U) < U- Ww U) Z Er 3: �- < < w < 0 tr —Z a- 3: cill"Alt L) 'll;d- W C) 0 x 0 3: F- w C-) uj z w Z al. c -17 p 0 w UJ < m w uJ (1) -jm co LL z U) uj C/) co o UJ w w LLJ UJI 0 w > M U) w C/) cc < _j Lu 0 < F- W EL Z)1 -r Z Z w U) W < LL1 < ?"Ifil v r) m -r m ro% %..- w U) cc 0 VIP CL cr) IM uj — -n _ jr r z U) (y) 0 U3 cf) 0 W 0 0 1, Z w -11) uj 0 w Z Z Z ui 0 < 0 (D U) M LLJ Li C:s 1z, z o Cr� > Z -j C.) z rc UJ EL < < W EL z 0 n- < cr CL ui OU) wQr) xw co Lij UU Q�_ w > Z1, cl� cyi 6 < w CL > < CL ——--------- ------ i NEW BABE COURSE (SEE BELOW) NEW ASPHALT OVERLAY, 3" MIN.THICKNESS (SEE BELOW), SAW CUT 21 2' SAW CUT EDGE EDGE INSCINNNNNNIC ix Y M N uu 2 li iM 1 1' EXISTING BASE VARIES EXISTING BASE COMPACTED CA-8 TRENCH BACKFILL v i NOTES; 1. HOT-MIX ASPHALT OVERLAY CONFORMING TO IDOT CLASS D PATCH AS DEFINED IN SECTION 442 OF THE STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION. 2. BASE COURSE SHALL MATCH EXISTING BASE COURSE THICKNESS (8" MIN.). IF EXISTING BASE COURSE IS CONCRETE, NEW PATCH BASE COURSE MUST ALSO BE CONCRETE. OTHERWISE, NEW PATCH BASE COURSE MAY BE CONCRETE OR BAM, v 3. AGGREGATE BASE IS NOT PERMITTED FOR PAVEMENT PATCHING. Village of Mount Prospect Public Works Department 1700 W. Central Rd. PAVEMENT RESTORATION DETAIL Last Revised: 8-09 H:\Engineering\Reference\Details\VillageStandards\PAVEMENT RESTORATION DETAIL.dwg Poll I 00,10,101"M i AREA A B C D E F 50 fit' 3 9 3 10 3 6 100 fit3 12 3 16 5 9 200 W 4 17 4 24 6 10 LIMITS OF PROPOSED RAIN E GARDEN UNLESS OTHERWISE NOTED ON THE PLANIlk, LIMITS OF PROPOSED RAIN GARDEN UNLESS OTHERWISE B NOTED ON THE PLAN F A C B D PLAN r 6 I •N M r M1 y W, IV, & w 1& �I a k ,µry yv ! ifi uN 9 n Wnie.W 1, r a"'»r a , M •7w v ^.oap ro m w s°I ' "r. � m "w ,® .,L 30 r 11 W it rmm r f'r n � RAIN GARDEN 501E THRUST BLOCK f" PVC OVERFLOW MIX (SEE NOTE 1) PIPE (SEE SITE PLAN) 12" AREA DRAIN SECTION- W/ DOME GRATE NOTES. 1. THE RAIN GARDEN SOIL MIX SHALL CONSIST OF: — 60% SAND -- 25% TOP SOIL -- 159 COMPOST OR PEAT MOSS Village of Mount p 2.PLANTS FOR RAIN GARDEN TO BE public Works Department SELECTED FROM APPROVED LIST. 3.ROUGHEN SIDES OF EXCAVATED HOLE 1700 W Central Rd PRIOR TO BACKFILLING. CAIN GARDEN DETAIL - C Scale: None Last Revised: 08-18 I n E N '\O I �R�AIN GARDEN DETAIL-C (DIRECTIONAL BORE) ~ ------ ------- ...........JJ ........... ....... ............. 6 9 5, X 97,0 5 x RAIN GARDEN—C (100 SF) GRADE—96.4, GARDEN 12*0 AREA DRAIN W/ DOME, GRATE RIM,=96.4 30"-6'" SOLID, PVC, 9 7.'1[0 9700 1 N V=9 4.9 AM SDR' 26 0 1 Va x x ffffff 97,25 316,11"0' x 20 3 97 5�25 191.35 9'7.310 10 ........ x x '121"" AREA, DRAIN W/ FLAT' QRATE RIM, 96.8 INV. 94.6 q-7,50 s 30 )7, 115 6 SO 0 PVC' SDR 21, CLASS 2,00, (DIRECTIONAL BORE) 204 2,06 X 208 0�19700 97.8.5 9 r"k 21 0 9 7 10 7,.6() PORCH, 1548,50 0,7 25 '97.75, Ile ............. .........-,I/ 6"0 - 98.40 98,20 x '17.20 SANITARY SE VICE I (APR OX. StDEWA,LK REMOVAL AND REPL,,AC'EMENT' ................ -—----- .......... ................. ------------- .... .... .... ........ ........... Y, 9,7.,0-5.1, '370 2110 "AIP9,71.30 97,15,1 *I*—15 ;, 7'10'�i; '-wo 15 . 8 0 TREE PROTECTION SNOW FENCE (TYP %,................ '7' 0 L A. ....... 96.75 (T/C TYPN-) 97.60 96.165 1 9 7.31 ""�4 8" DIA. CATCH BASIN CLASS D PATCH 30'_8, SOLID PVC (CLOSED LID) TYPE 11 (24 SY) SDR 26 @ 0.33% W/ RESTRICTOR 15 ------ k x k RIM 97.40 CONNECT TO EXIST. MH IM 97.22 97.47 INV. 93-40 INV. 93.3 (APPROX.) INV 89.87 PROSPEC M ANOR A V TOP EAST 8101–T=100.00 W", BENCHMARK NOTES HYDRANT 0 211 PROSPECT MANOR 1, REPLACE SIDEWALK DISTURBED BY DRAINTILE INSTALLATION (50 SF MAX.) TOP EAST BOLT=100.00 2. REPLACE CURB AND GUTTER DISTURBED BY DRAINTILE INSTALLATION (15' MAX.) 3. IF ANY EXCAVATION IS NECESSARY WITHIN THE TREE PROTECTION AREA, THE CONTRACTOR MUST CONTACT THE FORESTRY DIVISION PRIOR TO BEGINNING WORK. 4. SUMP PUMPS AND DOWNSPOUTS SHALL NOT BE CONNECTED TO THE NEW DRAINTILE. Village of Mount Prospect Design By: DMB Scale: 1:20 Public Works Department 206 PROSPECT MANOR AVE Date, Mar 20,,2011 1700 W Central Rd Drawing By: RLH Sheet: 1 of 1 Addresswrospect Manor,Ave\20'6\Drainage\Prospect Manor 206 dwg ............... --------------- 16 1 9,0,,195 96,95,14"" _74 C3 P ITO RAN GARDEN-Q 97.77 97-20 241, 0 1 1 z� ", ",I,., -1 1 r So, S TU�Ivl P GRADE=96.50 9&85 96 6 0 IL 97.15 x J, , X x 97.05 x x X 9 2" AREA DRAIN 7.10 97,45 9 6.,7�5 96.90 HP 1 w/ 0 GRATE RIM=96.50 9- 4 5 97-35 97.70 97�00 04 x X INV=95.00 97,10 x X 97.30 x 98.20 19 7.10 97.80 9. 7 55 97.50 97.70" 9 7 6a x .................... 98 -6" SOLID PVC SDR 21.20 19&90 90.00, 135' (CLASS 200) 0 1.75% (DIRECTIONAL BORE) 97a.L'i 0 If 9 8',4.5 00 1x x e%4, 9 9.3 8 98.67 ',F3 5 5 98.55 Yr 99.20, x 98.84 (zl 6 97.72 U3 P v x 'N 5' CD 21- 2- 214 210 3 ..........007� 98.55 xf P0 C" 98.90 99.70 98.10 PCC SIDEWALK REMOVAL DRIVEWAY APRON & REPLACEMENT REMOVAL & REPLACEMENT (20 SY) 48"0 CATCH BASIN (CLOSED LID) W/ RESTRICTOR BENCHMARK: r 7 "f RIM=97.80 ' UPPER NE BOLT INV=92.65(W), 92.50(E) ELEV=1 00.00 .............. .............. ..... ............... 71 "_9�78 98. " 65"' 8..55 97.61 ........... 97.7,1 7" . ................... FH GC) ------ WATER MAIN W, _x W__ W ................... 97.9 0 C fx T/ x X TC 97,08 x C 6.3 TREE PROTECTION f , .9 r I IN RIM= 5.7"7 FL 97.70 If FL 9&90 FL 96.31 L 9 6. SNOW FENCE (TYP) CLASS D PATCH TREE PROTECTION TYPE III I (19 S Y) A- SNOW FENCE (TYP) I IT 8 -CONNECT TO EXISTING 45'-8pe SOLID PVC q COMBINED SEWER -SDR 21 (CLASS 200) INV=92.05 0 1.00% M 33"' COMBINED SE'WER MAIN IN R I M 9 5.7_7 of ..............)y 1 REPLACE SIDEWAL9 DISTURBED BY'STORM; SEWER, INSTALtAIRON, (so SF MAX.) 2. REPLACE CORS AND GLITTER, SwISM)ROED By STORM SEWER INSTALLATION ('I V` MAX'.) 3. IF ANY EXCAVA110N IS A %17N THE TREE' PROTECNN ARE,,A.0 7HE CONTRACTOR MUST CONTACT-THE FORESTRY DIIIIIA,SION POR TO, BEGINNING WORK. ......... 4. UNLESS OTHERYASE NOTED ON 1141E PL,AN,, SUMP PUMPS, AND DOIOMSPOLI'M SRALL ...... NOT BE CONNECTED TO THE DRAINMU. STORM SEWER OR RAIN GARDE ,,N0 ......................... 20 ..................... Village of Mount Prospect Design: CML Scale: i 20 Public Works Department 212 N ELMHURST AVE Date: 1-24- 1 7.0 0 W Central Rd - Drawing: LH Sheet: 1 of 1 . ........... v Address\Elmhurst Ave\212 I ............... ....„......... .... ........... ................ .........- .. ............ . RAIN GARDEN—C ul,ll 3'�"lu II',:;ul 1,8,4,5 (100 SO La. J GRADE 98.0 6 12" AREA DRAIN 35'-6" SOLID PVCX,98,45 W/FLAT GRATE SDR 26 0 1.OX �`��" 12" AREA DRAIN RIM 98.9 W/DOME GRATE INV 96.85 �d_ �� �� Ir RIM 98.0 INV 96.5 -,99.+60 PVC SDR 21 CLASS 200 SHED 0 I.OX MIN. ° 55—$0 SOUO PVC SDR 26 m I.OX MIN. PUMP TO BE u 'I' REMOVED BY OWNER PRIOR TO BEGINNING CONST. Ilmm�r 98,20 i 12'm AREA DRAIN 1 12" AREA, ORS'N W/FLAT GRATE RIM 98.0 W E" /FLAT All' �c INV 96.0 �� Ilm RIM 98.4 1 I lu,u qI I INV 97.4 19 l 98,'6°' g4 r l x r n ,1 � I ,.e... __J 310 314 312 9 51 130—s SOLID PVC SDR 21 CLASS 200 306 O I.OX MIN, (DIRECTIONAL BORE) ��4° 308 0,j 13 "N :r CATCH BASIN SIDEWALK REMOVAL �` DIA. a1 REPLACEMENT (CLOSED L1D) 10'-8" SOLID PVC W/RESTRICTORRIM 98.10 SDR 26 O I.OX MIN. INV 94.70 .�.,.. ... d, , r de 90AG '1111, (IfIR F �. MR P44, jf z, -ml - 1) SNOW CE TREE PROTECTION I R � .................... ------ --� PCC DRIVEWAY APRON 15"' I UI L� SEW[-P�R-,� REMOVAL& REPLACEMENT (22 SY) 97,83 IN WATER MAIN . ............. , W, " ; m VIII - kfz,R ILII R CltK"1" 'I SIO 0 ,0, , .. °n,,,,,, ...... j I. REPLACE SIDEWALK DISTURBED BY STORM SEWER INSTALLATION (125 SF MAX.) 2. IF ANY EXCAVA11ON IS NECESSARY WITHIN THE TREE PROTECTION AREA, THE CONTRACTOR MUST CONTACT THE FORESTRY DIVISION PRIOR TO BEGINNING WORK. 0 30 3. UNLESS OTHERWISE NOTED ON THE PLAN. SUMP PUMPS AND DOWNSPOUTS SHALL NOT BE CONNECTED TO THE DRAINTILE, STORM SEWER OR RAIN GARDEN. Village of Mount Prospect Design: DMB Scale: 1:30 Public Works Department 310 HI LU5I AVE Date: 10-31-12 110th CentralRd Drawing: RLH Sheet: 1 of11 m 1 p-1:\i--ngineee ,ing\Devdap ment'by ddr sskM-lw.u5 eve\1.0�Draina\Fii Iwai 310 dw Bid Form Page I BID FORM 2,0129ran -13ackjLa[d D ,* a 111111R Qe[ Pro'gLam'' Village of Mount Prospect Department 'of Public Works FROM: Apollo Trenchless, Inc. (hereinafter called "Bidder") TO: Office of the Village Manager, 3rd Floor 50 South Emerson Street Mount Prospect, Illinois 60056 (hereinafter called 'Village" or"Village of Mount Prospect") Bid For: "2019 Backyard Drainage Program" The bidders have familiarized themselves with the work and probable work conditions required under this Bid affecting the cost of the work and with the Bid Documents which include: Notice to Bidders Table of Contents Instructions for Bidders General Conditions and Special Provisions Specifications Bid Form Affidavit—Bid Certification Form Bid Security Bid Sheet Other materials or standards provided or noted by the Village Contract Document Performance Bond Form Labor and Materials Payment Bond Form Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel, labor, materials, tools appurtenances, equipment, and services ('including all utility and transportation services) required to construct and complete the Work, all in accordance with the above listed documents. Bidder agrees to perform all of the Work and provide the equipment and materials described in the Bid Documents, as follows: Bidder has bid on all items and has provided a price for all items. The Bidder acknowledges that it is responsible for verification of all pipe sizes and depths prior to the ordering of materials. The Bidder will complete and provide all labor, equipment, materials and mobilization (if applicable)to perform the Work as incidental to the fixed item price for each item proposed. 33 Bid Form Page 2 In submitting this bid, the Bidder understands that the Village of Mount Prospect reserves the right to add to or subtract from the estimated quantities. The Village of Mount Prospect intends to award one (1) contract (if at all) for the items bid. If written notice of award of this bid is mailed, emailed or otherwise delivered to the Bidder at any time before this bid is withdrawn, the Bidder agrees to execute and deliver the contract in the prescribed form and furnish payment and performance bonds, or letter of credit, and the insurance certificates required by the Bid Documents to the Village within ten (10) days after receipt. The Bidder, and as successful bidder/Contractor upon award of the Contract understands and agrees to the following: 1) The Contractor agrees to provide all Work and items and material to the Village as noted in the Bid Documents and comply with the requirements of the Bid Documents. 2) The Contractor agrees to comply with all applicable state and federal laws, rules and regulations, and county and municipal ordinances, as described in the General Conditions. All Addenda pertaining to this project shall be acknowledged by the Bidder in the spaces provided below: -1................................ "........ ...... ..................................................................................................... Addendum Addendum Acknowledgement by Bidder or Date No. Date Authorized Representative Acknowledged rvmm� mmmm .............. N/A ............. ..... ............................. ............ Failure to acknowledge receipt, as provided above, may be considered sufficient grounds for disqualification of the bidder and rejection of his/her bid submittal. A record of all Addenda and copies of same will be available to all qualified bidders from the Village of Mount Prospect Public Works Department, 1700 West Central Road, Mount Prospect, Illinois two (2) days prior to the letting. It shall be the bidder's responsibility to become fully advised of all Addenda prior to submitting its bid. I Upon award the contract the Village will send Notice of Award to the successful bidder, The bidder must then execute the contract and provide the required bonds or letter of credit and certificate of insurance to the Village within ten (10) days. The Village will then issue a written Notice to Proceed, which starts the performance period and the contractor then has ten (10) days to commence work. The contractor shall reach substantial performance within fourteen (141 consec!Ltive calendar days before final completion. Final completion shall be far, fiv,01 consecutive calendar days after the Notice to Proceed has been issued. Failure to complete the work in the designated time frame may result in the Director of Public Works withholding compensation due the contractor for failure to complete the said work in the designated time frame, calling the bonds, or taking such other action as may be available. 34 Biot Form Page 3 Security in the sum of ten (10%) percent of the amount bid in form of(check one): X_Bid gond Certified Check Bank Cashier's Check is attached hereto in accordance with the "Instructions for Bidders". This Bid submittal contains the following, 1) Bid Dorm 2) Affidavit—gid Certification Form 3) Bid security 3) Bid Sheet (s) Respectfully submitted: Name of Apollo Tr�enchless, Inc. fir � _der, By: (Signature) Titley President Date: 8/28/2019 Contact Information: Official Address: PO Box 928 Lombard IL. 80148 Telephone: ) 816-8791 Email: aaroncohen@apollotrenchless.com VILLAGE OF MOUNT PROSPECT AFFIDAVIT— BID CERTIFICATION FORM Bidder: Company/Firm Name,,- Apollo Trenchless, Inc. Address: PO Box 928, Lombard, IL_ 60148 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, Aaron Cohen being first duly sworn on oath, deposes and states that he or she isPrIe,sl dent (sole owner, partner, joint ventured, k W President, Secretary, etc.) of Apollo Trn,chless, Inc. and has the authority to make all (Name of Company) certifications required by this affidavit, Section I N'on CoHMILog The undersigned certifies that this bid is genuine and not collusive or a sham, that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, to fix the bid price element of this bid, or of that of any other bidder, or to secure any advantage against any other bidder or any person interested in the proposed contract. B0 Section II 1d ffilgqfna and Rotgft The undersigned further states that Apollo Trenchless, Inc. MM�6000 --00, (Name of Company) is not barred from bidding or contracting as a result of a conviction for violations of state laws prohibiting bid rigging or bid rotating or any similar offense of any state of the United States, as provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code, 720 ILLS 5/33E-3, 33E-4. Section III DrulQ Free,Wo,,�', 11a,ce The undersigned further states that Apollo Trenchless, Inc. (Name of Company) provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 ILCS 58011, et seq., and has, to the extent not covered by a collective bargaining that deals with the subject of the Substance Abuse Prevention in Public Works Projects Act, 820 ILCS 265/1 et seq., a substance abuse prevention program that meets or exceeds these requirements of that Act. Section IV Tax Pament, The undersigned further states that �6pollo Trenchless, Inc, is (Name of Company) not delinquent in payment of any taxes to the Illinois Department of Revenue, in accordance with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned understands that making a false statement regarding delinquency in taxes is a Class A Misdemeanor and, in addition voids the contract and allows the municipality to recover all amounts paid to the individual or entity under the contract in civil action. 36 Page 2 -AFFIDAVIT--BID CERTIFICATION FORMA Section V sexual Harassment lig Pursuant to Section 2-105(A)of the Illinois Human Rights Act, 775 1 LC5 512-105(A), every party to a public contract must: "Have written sexual harassment policies that shall include, at a mini-mune, the following information: (1) the illegality of sexual harassment; (11) the definition of sexual harassment under Mate law; (111) a description of sexual harassment, ptilizing examples; (IV) the vendor's internal complaint process including penalties; (V) the legal recourse, investigative and complaint process available through the Pepartment (of Humian tights) 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 Mate, any of its political subdivisions or any municipal corporation is a party." 775 ILCS 511-103 (M) (2002), The undersigned further states that Apollo Trenchless, Inc. has 'Name of Company) a written sexual harassment policy in place in full compliance with 775 ILCS 512105 (A) (4). It is expressly understood the foregoing statements and representations and promises are made as a condition to the right of the bidder to receive payment under any award made under the terms and provisions of this bid. The undersigned certifies that all information contained in this Affidavit is true and correct. Signed by: , -------- Title: President Signature Name Printed: Aaron Cohen Signed and sworn to before me this y ofL414� �o 20 j. My commission expires; i Wary Public OFFICIAL SEAL NANCY WEI BLE.R Notary Public-Mate of Illinois My Commission Expires 8/15/2020 BICC SHEET "2019 Backyard Drainage Program" (TO BE FILLED OUT BY THE CONT ACTORIBIDD'ER) The .Sidder,will com,plete pricing for all ftems,(#1 tc provide Il°l b r, equipment, materials and mobilization (if applicable)to perform, this work. The ix' W'idem price givent'sbe alli c , i e r ITEM DESCRIPTION UNIT NO. UNIT QUANTITY PRICE TOTAL 1 6"Solid PVC SDR 26 Foot 160 ��rvrvrvrvrv����� ��rvm� $110.00 $17,600.00 ««R� �. _ . 2 6"Solid MIC SDR 21 (Class 200) Foot 50 $115.00 $5,750.00 3 6"Solid PVC SDR 21 (Class"200) (directional bore) Foot 505 $102.00 $51,510.00 �........... � m�������. �� .....er� �m ............ .............................................................. 0.............. 01-C 4 8" Solid PVC SDR 26 Foot 601 �. 1" ,7 .................. ............... ..........................I 5 8"Sold PVC SDR 21 Class 2 $215,00 ( 00) Foot 20 6 Trench Backfill CuYd $75�,OU $4,950.0066 7 Catch Basin (48"dia.) Each 4 $6,500-00 $26,000.00 ................. M ....... � .. . 8 12"Area Dram wl Dome or Flat Grata Each .......................................................................... +' 1,750 $15,750.00 Restrictor Each 4 $1 9250.00 $5,000.00 10 P.C.C. Sidewalk Removal &. Replacement SgFt 250w $70 0 $171500.00 Combination Concrete Curb&Gutter 11 $11500.00 Removal&ReplacementFoot 15 $100.0 ....... 12 Class D Patch, Type 2 SgYd 39 $242.00W438.00 f �nT wnnnnr.....vu„„rcrcfimmwmwwwww '.n. uwuah�hrv3wM•'...mnmm�wmm'm'� n....wwuouu vwmmn �,,,, ,.•rvmmnvirivrvrv,��wuwnw�.�.�.+.+.++...�nr*rmmnmmiwwwmv®�m............�iimimimim ,,,,,,,:..iw;�nn�,�wcirr�«rrrrr mmnw riririri .:uhu.�,.mmnmm�mmmm 13 Class D Patch, Type 3SqYd 1$ $250,000 $4 500.0 0 _ � _ n �mmm ...... P.C.C. Driveway Apron Removal & $400.00 nnnnn 14 SgYd 47 $18,800.00 ��......... ���, 15 Topsoil Furnish & Place ............... qYd 400 $7-5C 3$000.00 16 Sodding, Special S Yd 400 $17.15C $7,000-00 ��.�� Y.mrvrvrvrvrvrv���„ r 17 Rain Garden Soil Furnish & Place CuYd 40 $250.0C $10$000.00 TOTAL FOR ITEMS M<<�.,y..-�.m,'�w�" $214,298.00 r r v�iv�mmw r�immmmmmmme�ereuwwwww wwwwwmwr�w�a�r,�u,�w, m,..=,nnnm.�wm uuu mr<<n.,+a.»--..ern..�mwwrwwiwv�u,um,»:,'..�,nnmrvmmimnimmn 9 BID SECURITY Included with this bid is a bank cashier's check, certified check or bid bond in the amount of being ten percent (10%) of the total amount bid by -7-p—o-110 Tref-,Chlerss,, Inc. the Bidder, in favor of the Village of Mount Prospect. It is hereby agreed that, should Bidder be awarded the Work contemplated under this bid and fail or refuse to execute a contract for said Work, or to provide the required payment and performance bonds, or letter of credit, and certificate of insurance, then this security, in the amount stipulated above, shall be forfeited and may be retained by the Village of Mount Prospect as liquidated damages and not as a penalty. All bids to remain firm for a period of ninety (90) days after bid opening date. SUBMITTED THIS 26th DAY OF g u st 201Q SEAL (if corporation) Apollo Trenchless, Inc. .............. Bidder: Dohn & Maher Associates Bidder's Agent and Agent's Title: W 0 1 111 i a P oy In Fact Note: If bidder is a partnership, the bid must be signed by at least two of the partners. Note: If bidder is a corporation, the bid must be signed by an authorized officer of the corporation, attested and sealed by the secretary or other authorized officer. If a corporation, note here the state of incorporation: Incorporated under the laws of the State of Illinois R 3B fi THE AMERICAN INSTITUTE OF ARCHITECTS AiA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE -APolio Trenchless, Inc. P 0 Box 928 Lombardl IL 60148 as Principal, hereinafter called the Principal, and Washin ton International Insurance Com an 1200 Main Street, Suite 800 Kansas Citv, MO 64105 a corporation duly organized under the laws of the State of NH as Surety, hereinafter called the Surety, are held and firmly bound unto Village of Mount Pros, ect 1700 W Central Road Mt Pro,s,pect, IL 60056 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent,of Amount Bid Dollars ($ 10% for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for Yount Prospect 2019 backyard Drainage Program. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter Into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 26th day of August 2019 Apollo Trenchless, Inc. (Pfincipa� (sea/) dmoq (Witnes"s) LBy'/ (Title) Washington International Insurance Company NAI (Surety) i 4Z�i 01"ess)" SEAL Attomey4n-Fact William P. Maher A AIA DOCUMENT A310 0 jo W,XI'A 0 FEBRUARY 1970 ED.0 THE AMERICAN INSTITUTE OFARC,11,1111 EC"'111S,"s 1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 G-23208-B ss. STATE OF Illinois COUNTY OF Cook 17 V Broaddus Notary Public of Cook County, in the State of Illinois do hereby certify that William P. Maher Attorney-in-Fact, of the Washi-nMon International Insurance Comerg .............. who is personally known to me to be the same person whose name is ,subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered said instrument, for and on behalf of the 1 "a1,shi.n_q on International Insurance Company for the uses and purposes therein set forth. Given under my hand and notarial seal at my office in the City of Palatine in said County,this 26th day of August A.D., 2019 fl Notary Public V Broaddus My Commission expires: April 28, 2021 V Ugqrn D I UJI 0 --------- -------------............................. SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL. INSURANCE COMPANY GENERAI.,POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Kansas City,Missouri.,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City,Missouri,each does hereby make,constitute and appoint,William P.Maher Principal: Apollo`ire nchless,.Inc. Bojid Number Bid Bond obligee: Village of.Mount Prospect Bond Ainount-, See Bond Fonin Bond Description, Mount Prospect 2019 backyard Drainage Program. Its true and lawful Attorney(s)-in-`act,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of- FIFTY M11..J--,ION($50,000,000.00)DOLT...ARS This Power ofAttorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9'1"of May,,20I.*,,1,": "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of thein hereby is authorized to attest to the execution of any such.Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,,that the signature of such officers and the seat of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such-facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of"surety to which it is attached." At ON "A A A By SEAL Steven P.Anderson,Senior Vice President of%Washington Company A L 1973 &Senior Vice President of North American Specialty Insurance Company w, OP -&4 M By 77 Michael A.Ito,Stvivr,Vkv F're'siffefl't 14110,11141,4onal Insurance Company &Senior Vice.President of North Arnerican Specialty Insurance Company IN WITNESS WHEREOF.,North American Specialty Insurance Company and Washington International Insurance Company have caused their of seals to be hereunto affixed,and these presents to be signed by their authorized officers this I st day of F e 1)qLa re 2019 North American Specialty Insurance Company Washington International Insurance Company State ofIllinois County of Cook ss: On this I st day of Febrt!lry before me a Notary Public personally appeared, Sleveg-P.,Anderson Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and, Michael X 110. Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies, OFFICIAL SIAL M.KENNY Noiary PuMic-Stole of iiiinois My Comomisiloin Expires I' M.Kenny,Notary Pubi iii I., Jeffrey Qq[4bgrg., the duly elected Assistant Secre(pr ...,y of North Arnerican Specialty Insurance Company and' asl ington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International.Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 26th day of August 2019 Jeff'rey Goldberg,Vice President&Assislaw Secretary of Washington Intemational Insurance Company&Norlh Arnerican Specialty Insurance Cornpany Mill! ..................1 Bid Form Page 3 Security in the sum of ten 10%) percent of the amount bid in form of(check one): Bid Band Certified Check � Bank Cashier's Check is attached hereto in accordance with the"Instructions for Bidders". This Bid Submittal contains the following: 1) Bid Form 2) Affidavit-- Bid Certification Form 3) Bid Security 3) Bid Sheet (s) Respectfully submitted: Name of Firm/Bidder: Apollo Trenchless, Inc. wo By: o�'­'-Cn__ en.. ...... ................... (Signature) r Title: � Dates 8128119 Contact Information: Official Address: P 0 Box 928 Lombard, IL 89148 Telephoner 11630-816-8791 Email: Ott � o 5 1, "Prospe €i Bid Request For 2019 BACKYARD DRAINAGE PROGRAM MANDATORY PRE-BID: August 19, 2019 -- 10.-,00 A.M. Local Time BID OPENING: August 26, 2019--- 1:00 P.M. Local Time Mount Prospect Public Works Department 1700 W. Central Road, Mount Prospect, Illinois 60056-2229 1 Bid Form Page I BID FORM 2,019 Bac Dra airk a Village of Mount Prospect Department of Public Works FROW MAURO SEWER CONSTRUCTION, INC, 1251 REDEKER RD, DES PLAINES, IL 60016 OWN (hereinafter called "Bidder") TO Office of the Village Manager, 3111 Floor 50 South Emerson Street Mount Prospect, Illinois 60056 (hereinafter called "Village" or"Village of Mount Prospect") Bid For: "2019 Backyard Drainage Program" The bidders have familiarized themselves with the work and probable work conditions required under this Bid affecting the cost of the work and with the Bid Documents which include: Notice to Bidders Table of Contents Instructions for Bidders General Conditions and Special Provisions Specifications Bid Form Affidavit— Bid Certification Form Bid Security Bid Sheet Other materials or standards provided or noted by the Village Contract,Document Performance Bond Form Labor and Materials Payment Bond Form Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel, labor, materials, tools appurtenances, equipment, and services (including all utility and transportation services) required to construct and complete the Work, all in accordance with the above listed documents. Bidder agrees to perform all of the Work and provide the equipment and materials described in the Bid Documents, as follows: Bidder has bid on all items and has provided a price for all items. The Bidder acknowledges that it is responsible for verification of all pipe sizes and depths prior to the ordering of materials. The Bidder will complete and provide all labor, equipment, materials and mobilization (if applicable) to perform the Work as incidental to the fixed item price for each item proposed. 33 Bid Form Page 2 In submitting this bid, the Bidder understands that the Village of Mount Prospect reserves the right to add to or subtract from the estimated quantities. The Village of Mount Prospect intends to award one (1) contract (if at all) for the items bid. If written notice of award of this bid is mailed, emailed or otherwise delivered to the Bidder at any time before this bid is withdrawn, the Bidder agrees to execute and deliver the contract in the prescribed form and furnish payment and performance bonds, or letter of credit, and the insurance certificates required by the Bid Documents to the Village within ten (10) days after receipt. The Bidder, and as successful bidder/Contractor upon award of the Contract understands and agrees to the following: 1) The Contractor agrees to provide all Work and items and material to the Village as noted in the Bid Documents and comply with the requirements of the Bid Documents. 2) The Contractor agrees to comply with all applicable state and federal laws, rules and regulations, and county and municipal ordinances, as described in the General Conditions. All Addenda pertaining to this project shall be acknowledged by the Bidder in the spaces provided below: " Addendum Addendum Acknowledgement by Bidder or Date No. wW Date Authorized Rep,le sentative Acknowledged Failure to acknowledge receipt, as provided above, may be considered sufficient grounds for disqualification of the bidder and rejection of his/her bid submittal. A record of all Addenda and copies of same will be available to all qualified bidders from the Village of Mount Prospect Public Works Department, 1700 West Central Road, Mount Prospect, Illinois two (2) days prior to the letting. It shall be the bidder's responsibility to become fully advised of all Addenda prior to submitting its bid. I Upon award the contract the Village will send Notice of Award to the successful bidder, The bidder must then execute the contract and provide the required bonds or letter of credit and certificate of insurance to the Village within ten (10) days. The Village will then issue a written Notice to Proceed, which starts the performance period and the contractor then has ten (10) days to commence work. The contractor shall reach substantial performance within fourteen 22,,(n,se,cuti*"ve calendar days before final completion. Final completion shall be forty- five 146)_onsecutive calendar days after the Notice to Proceed has been issued. Failure to complete the work ire the designated time frame may result in the Director of Public Works withholding compensation due the contractor for failure to complete the said work in the designated time frame, calling the bonds, or taking such other action as may be available. 34 Bid Form Page 3 Srity in the sum of ten (10%) percent of the mount bid in form of(check one): Sec Bid Bond Certified Check Bank Cashier's Check is attached hereto in accordance with the"Instructions for Bidders". This Bid Submittal contains the following�� 1) Bid Form 2) Affidavit— Bid Certification Form 3) Bid Security 3) Bid Sheet (s) Respectfully submitted Name of FI mBidder:_, MAURg WER CONSTRUCTION, INC. Y,. I0 By: ° (S*g,nature) Title: P R I D E N T Date: 08/26/2019 Contact Information: Official Address: AURO SEWER CONSTRUCTION, INC, 1251 REDEKER RD. DES PLAINES, IL 80018 Telephone; 847-8033-2033 Email: mauro@sewer-wAW- ater.com 35 VILLAGE OF MOUNT PROSPECT AFFIDAVIT— BID CERTIFICATION FORM Bidder: Company/Firm Name: MAURO SEWER CONSTRUCTION, INC., . 1251 REDEKER RD, DES PLAINES, IL 60016 Address. As a condition of entering into a contract with the Village of Mount Prospect, and under oath and Pena" of perjury and possible termination of contract rights and debarment, the undersigned, PAS UALE MAURO......... ........ being first duly sworn on oath, deposes and states that he or she is PRESIDENT (sole owner, partner, joint ventured, President, Secretary, etc.) of MAURO SEWER CONSTRUCTION, INC,, and has the authority to make all (Name of Company) certifications required by this affidavit. Section I Non Coilu,sion The undersigned certifies that this bid is genuine and not collusive or a sham, that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, to fix the bid price element of this bid, or of that of any other bidder, or to secure any advantage against any other bidder or any person interested in the proposed contract. Section 11 The undersigned further states that MAURO SEWER CONSTRUCTION, INC. (Name of Company) is not barred from bidding or contracting as a result of a conviction for violations of state laws prohibiting bid rigging or bid rotating or any similar offense of any state of the United States, as provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code, 720 ILCS 5/33E-3, 33E-4. Section III Dr Free,Workplace The undersigned further states that MAURO SEWER CONSTRUCTION, INC. (Name of Company) provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 ILLS 580/1, et seq., and has, to the extent not covered by a collective bargaining that deals with the subject of the Substance Abuse Prevention in Public Works Projects Act, 820 ILLS 265/1 et seq., a substance abuse prevention program that meets or exceeds these requirements of that Act. Section IV 'Tax' avmRnt The undersigned further states that MAURO SEWER CONSTRUCTION, INC. is (Name of Company) not delinquent in payment of any taxes to the Illinois Department of Revenue, in accordance with Illinois Compiled Statues, 65 ILLS 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. 36 Page 2 -AFFIDAVIT— BID CERTIFICATION FORM Section V x t Pttc Pursuant to Section 2-105(A)of the Illinois Human Rights Act, 775 I LCS 5/2-105 (A), emery party to a public contract must: "Have written sexual harassment policies that shall include, at a mini-mum, the following information: (l) the illegality of sexual harassment; (1I) the definition of sexual harassment under State law; (Ill) a description of sexual harassment, utilizing examples; (IV) the vendor's internal complaint process including penalties; (V) the legal recourse, investigative and complaint process available through the Department (of Human Rights) and the Commission (Human Rights Commission); (VI) directions on how to contact the Department and Commission; and (VII) protection against retaliation as provided by Section 5-101 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 511-103 (M) (2002), The undersigned further states that MAURO SEWER CONSTRUCTION, INC- has (Name of Company) a written sexual harassment policy in place in full compliance with 775 I LCS 512-105 (A) (4)_ It is expressly understood the foregoing statements and representations and promises are made as a condition to the right of the bidder to receive payment under any award made under the terms and provisions of this bid. The undersigned certifies that all infto(n contained in this Affidavit is true and correct. j Q?I Signed by: Title: PRESIDENT ra Signature /,jo "lfpfffW Name Printed ASQ UALE MAU RO Signed and sworn to before me this 26THdayof AUGUST 2019. My commission expires: w. Notary Pulblic OFFICIAL SEAL COURTNEY L. MOLINA NOTARY PUBLIC,STATE OF ILLINOIS MY Commission Expires Aug,21,2022 37 BID SECURITY Included with t i i a bank cashier's check, certified check or bid bond in the amount of � o being ten percent (10%) of the total amount bid b y MAURO SEWER CONS` I , INC. the Bidder, in favor of the Village of Mount Prospect. It is hereby agreed that, should Bidder be awarded the Work contemplated under this bid and fail or refuse to execute a contract for said Work, or to provide the required payment and performance bonds, or letter of credit, and certificate of insurance, then this security, in the amount stipulated above, shall be forfeited and may be retained by the Village of Mount Prospect as liquidated damages and not as a penalty. All bids to remain firm for a period of ninety (90) days after bid opening date. SUBMITTED THIS 26TH DAY OF AUGUST , 20190 SEAL (if corporation) MAURO SEWER CONSTRUCTION, INC, Bidder: MAURO SEWER CONSTRUCTION, INC. 000" OP a A6et rAgent"� Title: PASQUALE MAURO, PRESIDENT Title Mote: If bidder is a partnership, the bid must be signed by at least two of the partners, Note: If bidder is a corporation, the bid must be signed by an authorized officer of the corporation, attested and sealed by the secretary or other authorized officer. If a corporation, note here the state of incorporation: Incorporated under the laws of the State of ILLINOIS 38 BID SHEET "2019 Backyard Drainage Program" (TO BE FILLED OUT BY THE CONTRACTORIBIDDER) The Bidder will complete pricing for all items(#1-17)to provide all labor, equipment, materials and mobilization (if applicable)to perform this work. The fixed item price given is to be all��roclusive. NOM DESCRIPTION UNIT QUANTITY NIT PITERICE TOTAL 1 6"Solid PVC SDR 26 Foot 160 $75.00 $12,000.00 2 6"Solid PVC SDR 21 (Class 200) Foot 50 $100.001 $5,000.00 3 6"Solid PVC SDR 21 (Class 200) (directional Foot 505 $149.00 $75245.00 bore) s 4 8" Solid PVC SDR 26 Foot 60 $85.00 $5100-00 5 s° Solid PVC SDR 21 (Class 200) Foot zo $105.00 $2,100.00 ............ s Trench Backfill CuYd ss $45.00 $2,970.00 7 Catch Basin (48"dia.) Each a X4,950.00 $19,800.00 8 12"Area Drain w/Dome or Flat Grate Each 9 $1,575.00' $14Y 175.00 9 Restrictor Each 4 $1,150.00 $4,600.00 10 P.C.C. Sidewalk Removal &Replacement SgFt 250 $25.00 $6,250.00 -------------- Combination Concrete Curb 8�Gutter Foot 15 $69-0& $1035.00 Removal &Replacement , 12 Class D Patch, Type 2 SgYd 39 $150.00 $5,850.00 13 Class D Patch,Type 3 SgYd 18 $300.001 $5,40a.00 14 P.C.C. Driveway Apron Removal& SgYd 47 $100.00 $4,700.00 Replacement 15Topsoil Furnish& Place SgYd 400 $13.00 $5,200.00 16 Sodding, Special SgYd 40025.00 $10,000.00 -1- 17 Rain Garden Soil Furnish& Place CuYd ao $139.001, $5,560.,0.0 .......... .......... TOTAL FOR ITEMS 1-17 $1g4,985.00 ....................................- 39 tll II,ilip�i THE GUARANTEE Bid Barad CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and ad tvss,) Mauro Sewer Construction Inc. The guarantee Comyany of North America USA 1251 Redeker(Road One Town uaire Suite 1470 Des Plaines IL. 60016 Southfield, MI 48070 OWNER: (Name, legal status and address) Village of Mount Pres s D Prospect-PUblic Worke t. 1700 W. Central Road Mount Pros ect IL. 6005 BOND AMOUNT Ten Percent of Amount Bid (10%) This document has important legal consequences.Consultation with an attorney PROJECT: is encouraged with respect to its completion or (Name, location or address and Project number, if any) modification. 2019 Backyard Drainage Im rovements Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference, not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect, The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other 1,eal requirement in the location of the Project,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 26th g day of August �..2019 Y: M!4jro Sewer o r>tr ction, Inc. Pr L '� � InC al ea ff fig' l) �� " Witness Courtney � bIina, Oer. Mgr, z, �wa�Mauro�Pre�iden�t (Title) a Witness (Title), (Seal) The guarantee Company,of North America USA Witness 'Doi o Scott, 'Dept., Mlq r s, Attorney-in-Fact (Title), (Seal) The language of this document conforms exactly to the language used in AIA Document A310—Bid Band 2010 edition. Rev.,6/6/2016 One Towne Square,Suite 1470,Southfield,Michigan,USA 48076 1 Tel:248,281,0281 1.866-328.0567 1 Fax:248.750.0431 i THE The Guarantee Company of North America USA GUARANTEE Southfield, Michigan POWER OF ATTORNEY NOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield,Michigan,does hereby constitute and appoint Greg Cerniglia,James Tragos,Marsha Patterson, Donald J.Scott S&C Insurance Center, Inc. its true and lawful attorneys)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31 sl day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: ., To appoint Attorneys)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3, In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power,and'authority hereby iver to the y y consents for the release of retained percentages and/or final estimates on engineering and construction contracts and all I cones r ,arts ttorn�e ��n��F�a�ct includes an m g gyred by the State of Florida Copattmi�eint�of ran�s �ortatilion, It is fully understood that consenting to the State of FloridaiDepartment of Transport�at o�n u a rig Payment,of the final estimate to the Contractor and..,/or,its assignee,shall not relieve this surety company of any of its obligations under its bond. 4. In connection withobligations,, v ., � i �n favor of the...Kentucky Iep�artr�ent of Highways only, �t�s agreed that the power and authority hereby given to the, Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner--Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 0th day of December 2011,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,,contracts,of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 2nd day of October,2015. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C.Ruschak,President&Chief Operating Officer Randall Musselman,Secretary County of Oakland On this 2nd day of October,2015 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. w Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. � nr County of Oakland My Commission Expires February 27,2024 w p ���mr9 Acting in Oakland County I, Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 26th day of August 2019 i Randall Musselman,Secretary U r-- o U-)LO a I— c a) rn �. cm t L- LCC 4 r- •v p 4 W n. Wcm -- Y � n C „nn oo j , ca � © as s �- > W) caNE LCuN - c��.. •c lt? CL W cc 0 U) � U CO W d Z m N Cl"f _ Z 0 wb- CU < C�? cin C*) E Cr) :3CO "0 (� 00 CoCUCOCL Y ca E 00 0 Wco a) Y '• C) c 0 c Ci c `3 .c ciu co 04 E a) ....., CU L]. ,-- C CO Z D C3 O O LO O p 2 0 0 0 00 0 06 r- co 0) css .- c o cry v L co o � � C\i 0 W, U ---------------Y DC t� w w w w w w z 06W < w w w w w U) � AmLaw W U) U) U) U) U) >. w W w [� CC C� CC CC � c��" F- 0 0 0 0 0 U) Q um F— F— F— LU 1�.- U) U) U) U7 U) < U) LLC� J Q . ,,��ASLAMIkz 0 C.) w � CO >.-U) z > 0< oma.. vc C) oC cr w w L) .�. W O U Y U7 C'.3 w Z 6 a) Z 0 w '� C� ? W � W b- w 0 p -J ::C -r Lo W W �`.� 0 Z Qco U) w < CC) co T— ;vww ow < o im o 0 N-- U) "" OC (Dcv z CCW ��., o o U) < �z•- > 0 w o 0 Z p < F- 2 �.- JW C CC Z � NtrN MW CJ W C > D- U) a_ ❑ U) U) 2 < _i cr Q 2tr s - a� �- z U) ❑ z sW F- C/)CL � W '" C� W Z Z W O 0>'" Z m ` :E z cD � �t � ` 2 W Im p 0 -r < V � W WWW � w C) -� Z O . w F-- < 0 Z � w < z CL C� W �- C� 0 W Z (� z W D CL > CL N C� ,r -) „� -- mow -- z_ z_ �- UJ Z w —1W Cl) J �� ( W < w p C� Mauro Sewer construction, Inc. ................ 1251 Redeker Road, Des Plaines, IL 60016 Phone: (847) 803-2033 Fax: (847) 803-2034 FINAI�CIAL REFERENCES Belmont Bank & Trust Company (Maria Bobel) 1958 West Division Street Chicago, IL 60622 773-413-1351 Kubota Credit Corporation 4400 Amon Carter Blvd, Suite 100 Ft. Worth, TX 76155 888-465-8268 CNH Industrial Capital America P.O. Box 71264 Philadelphia, PA 19176 800-501-5711 PROJECTS UNDER CONTRACT' JOB NAME OWNER/GC SPE OF WORK GLEN ELLYN SCOT-CLIFTON CHICAGOLAND DRAINAGE PAVING STORM SEWER CHICAGOLAND ZION ALLEY IMPROVEMENTS PAVING STORM SEWER STONE PARK NORTH ALLEY CHICAGOLAND IMPROVEMENTS PAVING WATER MAIN CHICAGOLAND STONE PARK CDBG CONSTRUCTION PAVING WATER MAIN VILLAGE OF HUNTLEY WATER MAIN REPLACEMENT HUNTLEY WATER MAIN ELGIN NEIGHBOORHOOD STREET REHABILITATION &WATER MAIN LANDMARK STORM SEWER, REPLACEMENT CONTRACTORS WATER MAIN STORM SEWER, SCHROEDER SANITARY SEWER, MUNDELEIN STREET PROGRAMASPHALT WATER MAIN ....................... ----------- -------- MOUNT PROSPECT FOREST AVENUE VILLAGE OF MOUNT DRAINAGE IMPROVEMENTS PROSPECT STORM SEWER