HomeMy WebLinkAbout5.4 Motion to accept bid for the 2019 New Sidewalk Program 10/16/2019 BoardDocs®Pro
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Agenda Item Details
Meeting Oct 15, 2019 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - 7:00 p.m.
Category 5. CONSENT AGENDA
Subject 5.4 Motion to accept bid for 2019 New Sidewalk Program in an amount not to exceed
$81,843.
Access Public
Type Action (Consent)
Preferred Date Oct 15, 2019
Absolute Date Oct 15, 2019
Fiscal Impact Yes
Dollar Amount 81,843.00
Budgeted Yes
Budget Source General Fund
Recommended Action Staff recommends that the Village Board accept the lowest cost, responsive, bid for the
2019 New Sidewalk Program submitted by Schroeder &Schroeder, Inc. of Skokie, Illinois for
an amount not to exceed $81,843.
Public Content
Information
This year's New Sidewalk Program includes the installation of new sidewalk at locations in the Village where sidewalk
is missing. Two (2) locations are included in this year's program. One location is on the west side of Hemlock Lane,
between Kensington Road and 910 Hemlock Lane. The other location is on Ironwood Drive, west of Hemlock Lane.
This will fill in the gaps and extend the sidewalk system on the west side of Hemlock Lane between Kensington Road
and Euclid Avenue. The project plans and specifications were prepared by the Engineering Staff and the project was
let for bid. The plans are attached which depict the proposed sidewalk locations.
Bid Results
A Notice to Bidders was posted on the Demandstar website.
The bid opening for the 2019 New Sidewalk Program was held on October 7, 2019, at 1:00 PM. Nine (9) contractors
submitted bids for this project. The bids ranged from a low of $74,403.00 by Schroeder and Schroeder, Inc. to a high
of $126,203.25 by Path Construction Company, Inc. Below is a summary of the bids:
Table 1: Bid Results
Bidder Bid
...................................................................................................................................................................................................................................................................................................................................................................................................
Schroeder & Schroeder, Inc. $74,403.00
...................................................................................................................................................................................................................................................................................................................................................................................................
Copenhaver Construction, Inc. $83,112.00
...................................................................................................................................................................................................................................................................................................................................................................................................
A-Lamp Concrete Contractors, Inc. $89,095.75
...................................................................................................................................................................................................................................................................................................................................................................................................
D'Land Construction, LLC $93,303.00
La.n.d.m.a.rk...Contractors. .......I.n.c................................................................................................................................................................g.7....2.�.5..g.o..................................................
r�
.....ri..... ...Construction, Inc. .9g� C $$104,950.75
https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login# 1/2
10/16/2019 BoardDocs®Pro
Bidder Bid
...................................................................................................................................................................................................................................................................................................................................................................................................
Alliance Contractors, Inc. $114,166.83
.RAL...Co.n.c rete.......Ln.c............................................................................................................................................................................................................1.Z.2....Z.8.2..0.0............................................
Path
....Construction
....Co.m......a.n............I.n.c........................................................................................................................................1.2.6....Z.0.3..Z.S............................................
Discussion
All bidders submitted a bid bond in the amount of 10% of the total bid as required in the bid proposal packet. All bids
were checked for their accuracy. No errors were found. All bidders correctly signed their bids and bid bonds.
The low bidder, Schroeder & Schroeder, Inc. is qualified to complete the work involved with this project and meets the
requirements of the contract documents. Schroeder & Schroeder, Inc. has worked on previous Village sidewalk
projects, including the 2016, 2017, 2018 New Sidewalk Programs, 2017, 2018, 2019 Shared Cost Sidewalk Programs,
and 2017, 2018, 2019 Community Development Block Grant (CDBG) Sidewalk Programs. Their work was completed
to the satisfaction of the Village.
Construction on this contract is scheduled to start in the Fall 2019. The contract time for this project is 40 days.
Staff recommends including a 10% contingency in the project award to allow for quantity variances and unanticipated
conflicts. For this project, a 10% contingency added to the lowest bid would result in a total contract award of
$81,843 (Base Bid: $74,403 + Contingency: $7440 = Total Recommended Award: $81,843)
Alternatives
1. Accept the lowest cost, responsive bid for 2019 New Sidewalk Program.
2. Action at discretion of Village Board.
Staff Recommendation
Staff recommends that the lowest cost, responsive bidder, Schroeder &Schroeder, Inc., of Skokie, IL, be awarded the
contract for the 2019 New Sidewalk Program in the amount not to exceed $81,843.
Plans.pdf (728 KB) Schroeder & Schroeder Bid.pdf (435 KB)
Specifications for Hemlock Sidewalk.pdf (500 KB) Location Map Hemlock Sidewalk.pdf (216 KB)
Administrative Content
Executive Content
All items under Consent Agenda are considered routine by the Village Board and will be enacted by one motion. There
will be no separate discussion of those items unless a Board member or member from the audience so requests, in
which the item will be removed from the Consent Agenda and considered in its sequence on the agenda.
Motion &Voting
(not specified)
Motion by Michael Zadel, second by William Grossi.
Final Resolution: Motion Carries
Yea: William Grossi, Eleni Hatzis, Paul Hoefert, Richard Rogers, Colleen Saccotelli, Michael Zadel
https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login# 2/2
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Bid Form Page 1
BID FORM
2019 New Sidewalk Program
Village of Mount Prospect
Department of Public Works
FROM: (mm .) N..�,, .. p C"
fL
(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 New Sidewalk Program"
The bidders have familiarized themselves with the work and probable work conditions required
under this Bid affecting the cost of the work and with the Bid Documents which include:
Notice to Bidders
Table of Contents
Instructions for Bidders
General Conditions and Special Provisions
Specifications
Bid Form
Affidavit— Bid Certification Form
Bid Security
Bid Sheet
Other materials or standards provided or noted by the Village
Contract Document
Performance Bond Form
Labor and Materials Payment Bond Form
Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel, labor,
materials, tools appurtenances, equipment, and services (including all utility and transportation
services) required to construct and complete the Work, all in accordance with the above listed
documents.
Bidder agrees to perform all of the Work and provide the equipment and materials described in
the Bid Documents, as follows:
Bidder has bid on all items and has provided a price for all items.
The Bidder acknowledges that it is responsible for verification of all pipe sizes and depths prior to
the ordering of materials.
The Bidder will complete and provide all labor, equipment, materials and mobilization (if
applicable) to perform the Work as incidental to the fixed item price for each item proposed.
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. Date Authorized Re resentative Acknowledged
Failure to acknowledge receipt, as provided above, may be considered sufficient grounds for
disqualification of the bidder and rejection of his/her bid submittal. A record of all Addenda and
copies of same will be available to all qualified bidders from the Village of Mount Prospect Public
Works Department, 1700 West Central Road, Mount Prospect, Illinois two (2) days prior to the
letting. It shall be the bidder's responsibility to become fully advised of all Addenda prior to
submitting its bid.
Upon award the contract the Village will send Notice of Award to the successful bidder, the bidder
must then execute the contract and provide the required bonds or letter of credit and certificate of
insurance to the Village within ten (10) days. The Village will then issue a written Notice to
Proceed, which starts the performance period and the contractor then has ten (10) days to
commence work. The contractor shall reach substantial completion within twenty-five (25)
consecutive calendar days after the Notice to Proceed with final completion fifteen 15
consecutive calendar days thereafter. Failure to complete the work in the designated time
frame may result in the Director of Public Works withholding compensation due the contractor for
failure to complete the said work in the designated time frame, calling the bonds, or taking such
other action as may be available.
Security in the sum of ten (10%) percent of the amount bid in form of(check one):
id Bond Certified Check Bank Cashier's Check
AaitacBhed hereto in accordance with the"Instructions for Bidders".
34
Bid Form Page 3
This Bid Submittal contains the following:
1) Bid Form
2) Affidavit— Bid Certification Form
3) Bid Security
3) Bid Sheet (s)
Respectfully submitted:
Name of Firm/Bidder:\.)
By:
6
(Signature)
- i Name & Title, 1-1 k
Date.,
Contact Information:
Official Address: X06 L
Telephone:
Email:
w.
35
VILLAGE OF MOUNT PROSPECT
AFFIDAVIT—BID CERTIFICATION FORM
Bidder:
Company/Firm Name: )ZO .�,1 ��w:
L
Address:
As a condition of entering into a contract with the Village of Mount Prospect, and under oath and
p(
enalt y o ry and possible termination of contract rights and debarment, the undersigned,
' ./per being first duly sworn on oath, deposes and states that he or she
is '' (sole owner, partner,joint ventured, President,
Secretary, etc.) of TALIand has the authority to
make all
(Name of Company)
Certifications required by this affidavit.
Section I Non Collusion
The undersigned certifies that this bid is genuine and not collusive or a sham, that said bidder has
not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to
put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly,
sought by agreement or collusion, or communication or conference with any person, to fix the bid
price element of this bid, or of that of any other bidder, or to secure any advantage against any
other bidder or any person interested in the proposed contract.
Section II Bid Rigging and Rotating
The undersigned further states that,, � -1 iz r�n .`k- `< n/je) 6L //V
(Name of Company)
is not barred from bidding or contracting as a result of a conviction for violations of state laws
prohibiting bid rigging or bid rotating or any similar offense of any state of the United States, as
provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code, 720 ILCS 5/33E-3, 33E-4.
Section III Drug Free Work lace
The undersigned further states that � "` Sc �� °° I
r SL
(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 Payment
The undersigned further states that -4C' 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 Harassment Polic
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; (II) the definition of sexual harassment under
State law; (III) a description of sexual harassment, utilizing examples; (IV) the vendor's internal
complaint process including penalties; (V)the legal recourse, investigative and complaint process
available through the Department (of Human Rights) and the Commission (Human Rights
Commission); (VI) directions on how to contact the Department and Commission; and (VII)
protection against retaliation as provided by Section 6-101 of the Act. (Illinois Human Rights Act)."
A "public contract" includes: ...every contract to which the State, any of its political subdivisions
or any municipal corporation is a party." 775 ILCS 5/1-103 (M) (2002),
;.� m .�.. aG �.„
The undersigned further states that ,gym �' ��,� Eb 'A,40-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 Ie ti" Mes that �11 in ormation contained in this Affidavit is true
an.
d correct.
Signed by• � Title.
"..,,..
r
Signature
Name Printed:
Signed and sworn to before me this
day of � 20)
My commission expires
...
Notary Public
”-- F` i A L S A L
MARY L T
NOTARY PUBLIC,BTATL OF ILLINOIS
MY COMMISSION �CPIRL'S 411512020
37
BID SECURITY
Included with-this bid is a bank cashier's check, certified check or bid bond in the amount of
jo ° being ten percent (10%) of the total amount bid by
� w :-u - ', 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 � r DAY OF cl-*
„ M 200.
SEAL (if corporation)
v ,
Bidder �
CN
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 New Sidewalk Program"
(TO BE FILLED OUT BY THE CONTRACTOR/BIDDER)
The Bidder will complete pricing for all items (# 1-14)to provide all labor, equipment, materials and
mobilization (if applicable) to perform this work. The fixed item price given is to be all inclusive.
NOM DESCRIPTION UNIT QUANTITY NIT PITERICE TOTAL
1. SPECIAL EXCAVATION CUYD _ 168 � �a � . 1 W,W'�'�..,_,
2. TREE AND STUMP REMOVAL (over 15 in.dia.) INDIA 18 ..... 1✓ 170,roc)
3. TREE ROOT PRUNING (4 to 10 in.dia. tree) EACH 2 7
4. TREE ROOT PRUNING (over 10 in.dia. tree) EACH 12 ���� q, ..001,00
5. PCC SIDEWALK REMOVAL AND REPLACEMENT SQFT 175 � „uv 17
6. AGGREGATE BASE COURSE,
TYPE B, 4" SQYD 483 ;
Mount Prospect JF
Bid Request
For
2019 NEW SIDEWALK PROGRAM
BID OPENING: October 7, 2019 — 1 :00 P.M. Local Time
Mount Prospect Public Works Department
1700 W. Central Road, Mount Prospect, Illinois 60056-2229
1
NOTICE TO BIDDERS
Bid for
2019 New Sidewalk Program
Sealed bids will be received until 1:00 p.m. on October 7, 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 New Sidewalk
Program".
The project consists of installing new sidewalk at the following locations:
1. On the west side of Hemlock Lane, from Kensington Road to 910 Hemlock Lane.
Approximately 3100 square feet.
2. On the north and south sides of Ironwood Drive, west of Hemlock Lane.
Approximately 1245 square feet.
All work under this Bid and the resulting contract shall comply with the Illinois
Prevailing Wage Act, 820 ILCS 130/0.01 et seq. and the other applicable laws and
ordinances.
Plans and specifications may be obtained from the Village of Mount Prospect
website www.mountprospect.org/bids.
Offers may not be withdrawn for a period of ninety (90) days after the bid date without the
consent of the Board of Trustees.
Any Bid submitted unsealed, unsigned, sent via email or fax or received subsequent to
the aforementioned date and time, will be disqualified and returned to the bidder.
The Village reserves the right in its sole discretion, to reject any and all bids or parts
thereof, to waive any irregularities technicalities and informalities in bid procedures and
to award the contract in a manner best serving the interests of the Village.
Village Manager
Michael J. Cassady
2
2019 NEW SIDEWALK PROGRAM
Table of Contents
Page
Notice to Bidders 2
Table of Contents 3
Instructions to Bidders 4
General Conditions 9
Specifications 27
CCDD Information 32
Bid Form 33
Affidavit— Bid Certification Form 36
Bid Security 38
Bid Sheet 39
Contract 40
Labor and Material Payment Bond 45
Performance Bond 48
Plans for Hemlock Lane and Ironwood Drive 7 sheets
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
October 7, 2019. Envelopes shall be plainly marked, "Sealed Bid for 2019 New Sidewalk
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) Bid Deposit; Surety. A bid deposit in the amount of ten percent (10%) of the total bid amount,
payable to the Village, is required, unless otherwise stated in the bid package. The deposit
must be in the form of a bid bond, certified check, or a bank cashier's check. All bid
performance deposit checks will be retained by the Village until the bid award is made, at
which time the checks will be promptly returned to the unsuccessful bidders. The bid
performance deposit check of the successful bidder will be retained until surety bonding
requirements have been satisfied and proof of insurance coverage is provided.
3) Alternate Multiple Bids/Specifications. The Specifications describe the services that the
Village feels is necessary to meet the performance requirements of the Village. It is not the
desire or the intent to eliminate or exclude any bidder from bidding because of minor
deviations, alternates or changes.
Bidders desiring to bid on services which deviate from these Specifications, but which they
believe are equivalent, are requested to submit alternate bids. However, alternate bids must
be clearly indicated as such, and deviations from the applicable Specifications should be
plainly noted. The bid must be accompanied by complete Specifications for the services
offered. Bidders wishing to submit a secondary bid must submit it as an alternate bid. There
is to be only one bid per envelope.
The Village shall be the sole and final judge unequivocally as to whether any substitute is of
equivalent or better quality. This decision is final and will not be subject to recourse by any
person, firm or corporation.
If the bidder wishes to qualify its bid or make special stipulations thereto, such qualifications
or stipulations shall be stated on standard letterhead size sheets of paper, all attached to the
bid form.
4) Erasures. All erasures or revisions of the bid must be initialed by the person signing the bid.
5) Receiving Of Bids. Bids received prior to the time of opening will be securely kept, unopened.
The Village Clerk or his/her designee, whose duty it is to open the bids, will decide when the
specified time has arrived, and no bid received thereafter will be considered. No responsibility
will be attached to the Village or its representatives for the premature or non-opening of a bid
not properly addressed and identified, except as otherwise provided by law.
6) Late Bids. Bids arriving after the specified time, whether sent by mail, courier, or in person,
will not be accepted. These bids will either be refused or returned unopened. It is the bidder's
responsibility for timely delivery regardless of the method used. Mailed bids which are
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delivered after the specified hour will not be accepted regardless of post marked time on the
envelope.
7) Bids By Email And Fax. Email and Facsimile machine transmitted bids will not be accepted.
8) Error In Bids. When an error is made in extending total prices, the unit bid price will govern.
Otherwise, the bidder is not relieved from errors in bid preparation.
9) Withdrawal Of Bids. A written request for the withdrawal of a bid or any part thereof may be
granted if the request is received by the Director of the requesting Department prior to the
specified time of opening. After the opening, the bidder cannot withdraw or cancel his bid for
a period of ninety (90) calendar days, or such longer time as stated in the bid documents.
10)Bidders Qualifications. All bidders must submit the following information on or before the time
at which the bid is required to be submitted:
a. The location of the bidder's permanent place of business.
b. Evidence of ability to provide an efficient and adequate plan for executing the work.
C. A list of similar projects carried out by the bidder.
d. A list of projects the bidder presently has under contract.
e. Any additional evidence tending to show that the bidder is adequately prepared to fulfill
the contract.
11)References; Background. Check. Bidders shall include with its bid, on a separate sheet
attached to the bid, the names of three (3) references regarding its financial qualifications and
three (3) references regarding its qualifications by experience, ability, personnel and
equipment to undertake work of the nature and extent contemplated by the bid and
Specifications. References must include company name, address, contact person, and
telephone number. The Village reserves the right to reject bids not accompanied by the
required references.
All Bidders, as a condition of and prior to entry into a contract, agree that a complete
background investigation of the principals of the Bidder and all employees who will work on
the project may be made. Bidders agree to cooperate with the appropriate Village personnel
to supply all information necessary to complete these investigations. The Village in its
complete discretion may disqualify any Bidder, including a low Bidder, and may void any
contract previously entered into based upon its background investigation.
12)Consideration Of Bid And Contract. No bid will be accepted from or contract awarded to any
person, firm or corporation that is in arrears or is in default to the Village upon any debt or
contract, or that is a defaulter, as surety or otherwise, upon any obligation to the Village or
had failed to perform faithfully any previous contract with the Village within two (2) years prior
to the date of the invitation to bid.
13) Conditions. Bidders are responsible to become familiar with all conditions, instructions and
Specifications governing this bid. The bidder is responsible to visit a site if necessary and its
bid is based upon the knowledge of all information readily available at the site of such a visit.
Once the bids have been opened, the failure to have read and understood all conditions,
Specifications and instructions shall not be cause to alter the original bid or to request
additional compensation. No extra compensation will be allowed the successful bidder for
failure to inform or familiarize itself prior to bidding.
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14) Interpretation Of Bid Documents. Any bidder in doubt as to the true meaning of any part of
the Specifications or other bid documents may submit a written request for interpretation to
the Village, as provided in the Specifications. Bidders will acknowledge receipt of any
addendum issued by so noting on the bid sheet. Oral explanations are not binding.
15) Prices. Unit prices shall be shown for each unit on which there is a bid, and shall include all
packing, crating,freight, and shipping charges, and cost of unloading at the destination unless
otherwise stated in the bid.
Unit prices shall not include any local, state or federal taxes. The Village is exempt, by law,
from paying state and village retailer's occupation tax, service occupation tax, and federal
excise tax. The Village will supply the successful bidder with its tax exemption number.
Cash discounts will not be considered in determining overall price, but may be used in an
overall evaluation.
16)Qualifications of Contractors. Factors: It is the intention of the Village to award the Contract
only to a bidder who furnishes satisfactory evidence that it has the requisite experience, ability,
capital facilities, plant organization and staffing to enable it to perform the work successfully
and promptly, and to complete the work within the time set forth in the Bid Documents. The
Village shall consider the following factors:
a. The lowest responsible bid.
b. The ability, capacity, and skill of the bidder to perform the contract to provide the service
required.
c. Whether the bidder can perform the contract or provide the service promptly, or within the
time specified, without delay or interference.
d. The character, integrity, reputation, judgment, experience, and efficiency of the bidder.
e. The quality of performance of previous contracts of services.
f. The previous and existing compliance by the bidder with laws and ordinance relating to
the contract or service.
g. The sufficiency of the financial resources and ability of the bidder to perform the contract
or provide the service.
h. The quality, availability, and adaptability of the supplies or contractual service to the
particular use required.
i. The ability of the bidder to provide future maintenance and service for the use of the
subject of the contract.
j. The number and scope of conditions attached to the bid.
k. Whether the bidder has a place of business in the Village.
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.
17)Award Or Resection. The Village, at its sole discretion, reserves the right to reject any and all
bids or parts thereof, to waive any irregularities, technicalities and informalities, and to award
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a bid in the best interests of the Village. Any bid submitted will be binding for ninety (90)
calendar days after the date of the bid opening.
Bidders shall make all investigations necessary to thoroughly inform themselves regarding
the equipment or supplies to be furnished in accordance with the bid. No plea of ignorance
by the bidder of conditions that exist or that may hereafter exist as a result of failure or
omission on the part of the bidder to make the necessary examinations and investigations will
be accepted as a basis for varying the requirements of the Village or the compensation to the
bidder.
Any bidder's exceptions to the terms or conditions, or deviations from the written
Specifications must be shown in writing and attached to the bid form. No verbal exceptions
or agreements with employees of the Village will be considered valid. Such exceptions or
deviations can be cause for rejection of the bid proposal. Any exceptions not taken by the
bidder shall be assumed by the Village to be included.
A contract will be awarded to the lowest responsible bidder complying with the conditions of
the bid documents only when it is in the best interest of the Village to accept the bid. The
Village shall be the sole judge of compliance with the Specifications.
18) Other Requirements.
a. New Equipment. The bidder certifies that any equipment to be furnished shall be new,
current model, standard production and fully operable, unless otherwise indicated on the
bid form.
b. Material, Equipment and Service Standards. Unless otherwise directed by the
Specifications, all materials, equipment and services provided will meet standards or
requirements which would normally be anticipated in common practice. The bidder
guarantees that all applicable federal, state and local laws, including OSHA, are being
complied with in connection with the bid and any resultant contract or purchase by the
Village.
c. Data; Proprietary. Complete and detailed brochures and specifications for vehicles
equipment, materials, goods, supplies and/or services to be furnished must be included
with each bid. Any reservations on the use of data contained in a bid must be clearly stated
in the proposal itself. Unless stated otherwise, information submitted in response to the
bid is not proprietary or confidential.
d. Patented Devices, Materials, And Processes. Contract prices are to include all royalties
and costs arising in the Work. It is the intent that whenever the Bidder is required or desires
to use any design, device, material, or process covered by patent or copyright, the right of
such use shall be provided for by suitable legal agreement with the patent owner.
19)Requirement Of Bidder. The successful bidder shall, within ten (10) days after notification of
the award of the contract: a) enter into a contract in writing with the Village covering all matters
and things related to its bid; and b)furnish the required certificate of insurance and bonds.
20) Bid Certification Form. All bid submittals must include a signed Bid Certification Form (copy
attached)certifying non-collusion in the bid, and that the bidder is in compliance with Sections
33E-3 and 33E-4 of the Illinois Criminal Code regarding bid rotating and bid-rigging, 720 ILCS
5/33E-3, 33E-4, compliance with the Illinois Drug Free Workplace Act, 30 ILCS 580/1, et seq.,
and Substance Abuse Prevention in Public Works Projects Act, 820 ILCS 265/1 et seq., that
it is not delinquent in the payment of taxes (65 ILCS 5/11-42.1) and that it has a written sexual
harassment policy in place in full compliance with Section 2-105 of the Human Rights Act, 775
ILCS 5/2-105, as amended,
Sections 33E-3 and 33E-4 states that it is unlawful to participate in bid-rigging and/or bid
rotating. Therefore, all bidders must certify, under oath, that they are not barred from bidding
on the contract as a result of a violation of Sections 33E-3 and/or 33E-4, prohibiting bid-rigging
and bid rotation. Therefore, the Bid Certification Form must be notarized.
21)Interpretation Of Bid Documents. Any bidder in doubt as to the true meaning of any part of
the Specifications or other bid documents shall submit a written request for interpretation to
the Village Engineer , no later than five(5)calendar days prior to the date set for the opening
of the bid. Any questions received after that time may be answered at the discretion of the
Village.
In the event that the Village finds a question to be adequately addressed in the existing bidding
documents, the question may be answered in writing by directing the requesting bidder to the
applicable provision(s) in the existing bid documents. No further clarifications or
interpretations will be issued.
Bidders will acknowledge receipt of any addendum issued by so noting on the bid sheet. Oral
explanations are not binding.
Questions about this Request for Bids should be directed:
Jeff Wulbecker
Village Engineer
Mount Prospect Public Works Department
1700 West Central Road
Mount Prospect, IL 60056
Phone: 847-870-5640
Email: jwulbeck@mountprospect.org
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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.
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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
ILLINOIS" prepared by the ISPE, CECT, et al, latest revision.
The term "Subcontractor" shall mean any individual, firm or corporation other than the
contractor supplying labor, equipment, tools and materials for use in the work of the contract.
The phrase"Substantial Performance"shall mean the date that the entire Project can be used
for the purposes for which it was intended, i.e., only 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.
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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 Of Contract; Performance; Payment.
a. Award Of Contract. The Village will issue a Notice of Award to the successful bidder,
advising that it has been awarded the contract. Within ten (10) days of delivery of the
Notice of Award, by personal service or registered or certified U.S. mail, posted prepaid
and receipt requested, Contractor shall execute the Contract, attached to the Bid
Documents, and furnish the Village with the required bonds and certificate of insurance.
b. Notice To Proceed. Upon the Village's receipt of the executed Contract, required bonds
and certificate of insurance, the Village will issue and send to Contractor a Notice to
Proceed, which will start the performance period.
c. Substantial Performance; Final Completion.
i. The Contract shall be substantially performed within twenty-five (25)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.
ii. Final completion shall be within fifteen (15)days after the Substantial Performance
Date (the "Final Performance Date").
d. Project Schedule. Within ten (10) days after the Contractor executes the Contract,
Contractor shall submit to Village a Project Schedule to include targeted dates of
completion of all construction and other requirements of the Contractor through the
Substantial Completion Date. Contractor shall monitor schedule progress and provide
monthly updates and revisions of the Project Schedule, as needed to Village.
e. Liquidated Damages For Inexcusable Delay.
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
11
the Village for any such delay. If the Contractor fails to fully complete the Work in
that time, then and in this event, the Contractor further expressly agrees that, for
each day this Work and this contract shall remain uncompleted after that date, the
Village may deduct the sum of $1,000.00 per day after the Final Performance
Date, from the contract price as payment to the Village, by the Contractor of the
liquidated damages sustained by reason of failure of the Contractor to complete
the Project on or before the time aforesaid.
ii. Provided, however, that if the completion of this contract is delayed by the Village,
by general strikes, acts of God, or casualty beyond the control of the Contractor,
then and in such event, the time of completion of this contract shall be extended
for such additional time as shall be caused by such delay.
iii. Provided, always, however, that the Contractor shall, at the time of such delay, if
any, demand of the Village, in writing, such additional time within which to complete
the performance of the Contract. The Contractor will be required to notify the
Village within three (3) days of such delay, stating the reason for same. If the
Contractor does not notify the Village in writing, within three (3) days of the delay,
no request for extension of time will be approved.
f. Measurement Of Quantities. All work completed under the contract will be measured by
the Village according to United States standard measures.
g. Payment. Payment under the Contract will be made in accordance with the Illinois Local
Government Prompt Payment Act, 50 ILCS 505/1 et seq.
h. Payment For Items Omitted When Partially Completed. Should the Village cancel or alter
any portion of the contract which results in the elimination or non-completion of any
portions of the work partially completed, the contractor will be allowed a fair and equitable
amount covering all items of work incurred prior to the date of cancellation, alteration, or
suspension of such work. A written change order may apply.
i. Partial Payment. When requested, the contractor will make an approximate estimate, in
writing, of the materials in place completed, the amount of work performed, and the value
thereof, at the contract unit prices. From the amount so determined, there shall be
deducted ten percent (10%) to be retained until after completion of the entire Work to the
Village for payment, except that no amount less than $500 will be so certified unless the
total amount of the contract is less than $500.
In addition, an estimate may, at the discretion of the Village and upon presentation of
receipted invoices and freight bills, be made for payment of the value of acceptable
materials delivered on the Work or in acceptable storage places and not used at the time
of such estimate. Ten percent (10%) shall be retained from the value of such materials
until final payment. Such materials, when so paid for by the Village, shall become the
property of the Village, and in the event of default by the Village, shall become the property
of the Village, and in the event of default by the contractor, the Village may use 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.
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Partial payment for work or materials shall not be construed as an acceptance of the work
or any part of it, or as a waiver of any provisions of the contract. Partial payment will only
be granted if in the opinion of the Village sufficient labor and materials have been
expended to warrant it.
If partial payments are requested, the Contractor shall submit with each payment request
a properly completed Contractor's Affidavit setting out, under oath, the name, address and
amount due or to become due, of Contractor, each subcontractor, vendor, supplier or other
appropriate party included in its cost, and for every party listed a full or partial waiver of
lien, as appropriate. Beginning with the second payment request, and with each
succeeding payment request, the Contractor shall submit Contractor's Affidavits and
partial waivers of lien for each subcontractor and supplier showing that the amount paid
to date to each is at least equivalent to the total value of that subcontractor's work, less
retainage, included on the previous payment request.
j. Acceptance and Final Payment. Whenever the Work shall have been completely performed on the
part of the contractor, including Punchlist items, and all parts of the Work have been approved by the
Village and accepted by the Village, a final payment showing the value of the work will be prepared
by the contractor as soon as the necessary measurements and computations can be made, all prior
estimates upon which payments have been made being approximate only and subject to correction
in the final payment. The amount of this estimate, less any partial or semifinal payments previously
made and less any sums that have been deducted or retained under the provisions of the contract,
will be paid to the contractor as soon as practicable after the final acceptance, provided the contractor
has furnished to the Village the required maintenance bond and satisfactory evidence that all sums
of money due for any labor, materials, apparatus, fixtures or machinery furnished for the purpose of
such work have been paid or that the person or persons to whom the same may be due have
consented to such final payment.
If final payment is requested, the Contractor shall submit a properly completed 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. Punchlist. The Contractor shall notify the Village when it believes substantial performance of
the entire Project has been achieved. The Village, and/or any independent consultant
engaged by the Village, shall then inspect the Project site with the Contractor, and prepare
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
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to but not greater than one and one-half(1'/2) times the estimated cost to complete Punchlist
items.
I. Final Policing Of The Sites. Before the completed work will be ready for the Village's final inspection,
the contractor shall have removed from the project sites all surplus equipment, machinery, materials,
debris, barricades, and signs. The contractor shall leave said project sites in the best possible
condition to the complete satisfaction of the Village.
m. Final Inspection. The Village shall make final inspection of all of the Work, as soon as
practicable after notification in writing by the contractor that the work is completed and ready
for acceptance. If the Work is not acceptable to the Village at the time of such inspection, the
Village shall inform the contractor as to the particular defects to be remedied before final
acceptance can be made.
n. Alterations, Cancellations, Extensions And Deductions. The Village reserves the right to alter the
plans, extend or shorten the improvement, add such incidental work as may be necessary, and
increase or decrease the quantities of work to be performed to accord with such changes, including
the deduction or cancellation of any one or more of the unit price items. Such changes shall not be
considered as a waiver of any condition of the contract nor to invalidate any of the provisions thereof.
A written change order may apply.
All Work shall be done under the supervision of the Village's Director of Public Works, or a
designated representative who shall decide all questions which arise as to the quality and
acceptability of materials furnished, work performed, manner of performance, rate of progress
of the work, interpretation of the plans and specifications, acceptable fulfillment of the contract,
compensation and disputes and mutual rights between contractors under the specifications.
o. Change Orders. The Village may from time to time require changes in the Work. Such
changes shall comply with Section 33-E9 of the Criminal Code, 720 ILCS 5/33E-9.
p. Right Of The Village To Terminate The Contract.
i. If the Contractor fails to begin the Work under the Contract within the time specified,
or fails to perform the Work in accordance with the terms of the approved schedule or
performs the Work in a manner unacceptable to the Village, or neglects or refuses to
remove materials or perform anew such Work as has been rejected by the Village, or
if the Contractor shall become insolvent or be declared bankrupt, or shall make an
assignment for the benefit of creditors, or from any other cause whatsoever shall fail
to carry on the Work in a manner required by the Contract, the Village shall give notice
as hereinafter provided to the Contractor and its surety in writing specifying such
failure, delay, neglect, refusal or default, and if the Contractor, within a period of ten
(10) calendar days after the giving of such notice, shall not proceed in accordance
therewith, then the Village shall have full power and authority to declare the this
Contract and the Contractor in default, and to forfeit the rights of the Contractor in this
Contract.
ii. Upon declaration of Contractor's default, the Village may, at its option, call upon the
surety to complete the Work in accordance with the terms of this Contract or may take
over the Work, including any materials on the Work site as may be suitable and
acceptable to the Village and may complete the Work by its own forces or on its own
account, or may enter into a new contract or contracts for the completion of the Work,
14
or may use such other methods as shall be required for the completion of the Work in
an acceptable manner as the Village may in its discretion determine.
iii. All costs and charges incurred by the Village, together with the cost of completing the
Work shall be deducted from any moneys due or which may become due on this to
the Contractor under this Contract. Following any payment due and received by the
Village from the Contractor's surety following default, if the expense so incurred by the
Village is less than the sum paid to the Village by the surety under this Contract for
work remaining, the surety shall be entitled to receive the excess difference paid to
the Village. When such Contractor default costs incurred by the Village exceeds the
sum paid to the Village for the work remaining under the Contract the Contractor and
the surety shall be liable and shall pay to the Village the full cost of such additional
expenses.
3) Performance Of The Work.
a. Accident Prevention. The contractor shall exercise every precaution at all times for the
protection of persons and properties. The safety provisions of all applicable laws and
ordinances shall be strictly observed. Any practice obviously hazardous, in the opinion of
the Director of Public Works or his authorized representative, shall be immediately
discontinued by the contractor upon his receipt of instructions from the Director of Public
Works or an authorized representative to discontinue such practice.
b. Barricades And Warning Signs And Lights. The contractor shall erect substantial lighted
barricades to protect its work at all points deemed necessary by the Director of Public
Works; said contractor shall place at such points the necessary warning signs, amber
lights, caution tape, and other suitable devices to protect his work properly and to provide
for the convenience and safety of the public at all times. The contractor shall maintain
such barricades, signs, lights and protective devices until the need for them, in the
judgment of the Public Works Director of an authorized representative, has passed.
Contractor shall provide warning signs and barricades to safely mark any hazards or
detours caused by the work. All such warning signs and barricades for work in, or affecting
Village of Mount Prospect streets, access roads, and state highways shall meet all
applicable requirements as stipulated in the latest edition of the Manual for Uniform Traffic
Control Devices published by the U.S. Department of Transportation. All costs for
barricades, signs including all labor and other associated materials shall be incidental to
the total bid price.
c. Cooperation With Utilities. It is understood and agreed that the contractor has considered
in its bid all of the permanent and temporary utility appurtenances in their present or
relocated positions that may be encountered during construction and no additional
compensation will be allowed for any delays, inconvenience, or damage sustained by it due
to any interference from the said utility appurtenances either by the utility company or by it,
or on account of any special construction methods required in prosecuting its work 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.
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During performance of the work, Contractor shall protect all utilities and property from
damage. Contractor shall spot all utilities prior to any excavation work. Contractor shall call
J.U.L.I.E. one Call System (1-800-892-0123), and request utility locations as soon as
possible for emergency repairs and within forty-eight (48) hours for non-emergency work
prior to excavation in strict accordance with J.U.L.I.E. one Call System operation
procedures.
d. Clean-Up._After all work under each task phase of the work is completed, the Contractor
shall remove all loose debris and other materials not incorporated in the work from the site
of the work. Any clean up or restoration to private property will be the responsibility of the
Contractor.
e. Construction Noise Restriction. All construction activities or alteration operations within the
Village shall be performed only between the hours of 7:00 a.m. and 7:00 p.m. Variations
from these time limitations shall be allowed only in the case of maintenance of operation of
safety and traffic control devices such as barricades, signs and lighting, or to construction
of an emergency nature. More stringent requirements may be assessed for work in state
highway or railroad rights-of-way." Working hours outside these times must receive prior
approval from the Village.
f. General. The work to be performed under the contract includes the furnishing of all
supervision, labor, materials, tools, equipment and incidentals of every kind and description
necessary for construction, in accordance with the Contract Documents.
g. Inspection. All materials and each part or detail of the work shall be subject at all times to
inspection by the Village or its inspectors, and the contractor will be held strictly to the true
intent of the Specifications in regard to quality of materials, workmanship and diligent
execution of the contract. The Village or its inspectors shall be allowed access to all parts
of the work and shall be furnished with such information and assistance by the contractor
as is required to make a complete and detailed inspection. Materials, components or
completed work not complying therewith may be rejected by the Village and shall be
replaced by the Contractor at no expense to the Village. Any rejected material or component
shall be removed at the entire expense of the Contractor, after written notice has been
mailed by the Village to the Contractors that such materials or components have been
rejected.
The contractor shall, if the Village requests, remove or uncover such portions of the
finished work as the Village may direct before final acceptance of the same. After the
examination, the contractor shall restore said portion of the work to the standard required
by the Specifications. If the work thus exposed or examined proves acceptable, the
expense of uncovering or removing and the replacing of the parts removed shall be paid
for as extra work; but if the work so exposed or examined is unacceptable, the expense
of uncovering or removing and replacing of the same shall be borne by the contractor.
h. Materials And Equipment. Except where the Specifications indicate otherwise, the Village
is not responsible for providing any tools, equipment or storage under the contract in order
to permit its completion of any contractual obligations under the contract, which may be
awarded as the result of the bid.
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i. Personnel And Equipment. The contractor shall provide an adequate number of
competently trained personnel with sufficient supervision to provide the services required,
and contractor shall provide identification of its personnel if requested by the Village.
Any contractor's employee whose employment is reasonably detrimental or objectionable
to the Village shall be immediately transferred from the work-site upon the Village's
request. The exercise of this option shall not be construed as placing the Village in charge
of the Work or making the Village responsible for safety.
All on the road vehicles or equipment shall be identified by the contractor's name for
purpose of identification.
All tools or equipment required to carry out the operations within the scope of the contract
shall be provided by the Contractor, and shall meet the standards of the Federal
Occupational Safety and Health Act and State of Illinois safety codes as may be required
by law. The Village reserves the right to inspect the equipment that will be used prior to
award of Bid.
j. Property Protection. No vehicles of any kind shall be placed, parked or operated upon or
over any sodded areas.
k. Protection And Restoration Of Property. It is understood that in the execution of the
Work herein provided for there may be interference with and/or damage to trees,
shrubbery, crops, fences, railroad tracks, overhead structures such as poles, wires,
cables, underground structures such as sewers, gas mains, telephone conduits and
cables, water mains, drains, service connections, wires, pipes, conduits, located along,
adjacent to, and/or crossing the locations of the Work, and that it may be necessary to
relocate or reconstruct certain of such structures, improvements, and installations and/or
to make repairs to the same by reasons of doing the Work herein provided for, and it is
therefore particularly and specifically agreed that the Bidder except as otherwise herein
provided, shall do the Work necessary for such relocation, reconstruction, and repair and
shall bear and pay all of the cost and expense of such relocation, reconstruction, and/or
repair of, and all damage done to any and all such pipe line and other structures,
improvements, and installations, including service connections, if any, to adjacent
property, existing at the date of the execution of the contract and/or existing, during the
period of the Work to be done under the contract, which may 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.
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I. Public Convenience And Safety. The contractor shall notify the Director of Public Works
at least three (3) days in advance of the starting of any construction work which might in
any way inconvenience traffic, and the contractor shall at all times conduct the work in
such a manner as to insure the least obstruction to vehicular and pedestrian traffic.
Whenever possible, the contractor shall provide and maintain at his own expense such
temporary roads and approaches as may be necessary to provide access to driveways,
houses, buildings or other property abutting the improvements. In no case will the
contractor obstruct entrance ways into private property without first seeking the Village
and private property owner's approval.
M. Public Relations. The Contractor shall cooperate with the Village of Mount Prospect in
maintaining a high degree of sensitivity to the needs of property and business owners
along the project route. Contractor will distribute written public work notices to businesses
and residences as required by the Village.
n. Removal Of Defective And Unauthorized Work. Work done without lines and grades being
given, or beyond the lines shown on the plans or as given, except as herein provided, or
any extra work done without authority will be considered as unauthorized and at the
expense of the contractor, and will not be measured or paid for. Work so done may be
ordered removed or replaced at the contractor's expense.
All work which has been ordered to be removed or replaced shall be remedied or removed
and replaced by the contractor in a manner approved by the Village at the contractor's
expense. Upon failure of the contractor to comply promptly with any order of the Village
made under this provision, the Village shall, after giving written notice to the contractor,
have the authority to cause defective work to be remedied, or removed and replaced, or
to cause unauthorized work to be removed, and deduct the cost thereof from any
compensation due or to become due the contractor.
o. Scheduling. The contractor shall consult with the Village's Public Works Director or an
authorized representative concerning the details and scheduling of the work contemplated
herein, and shall be governed by the decisions of said Director or representative.
p. Supervision. The contractor shall at all times have a competent person in charge of its
work crew at the job site to whom the Village representative may issue directives. Such
person shall be authorized to accept and act upon such directives. Such person shall be
fluent in the English language.
q. Traffic Control. Contractor shall maintain traffic flow(s) and accessibility to private
property(s) as close to normal condition as possible. Contractor shall notify residents,
Village of Mount Prospect and state/county officials, as appropriate, of any driveway or
road closure.
The contractor shall abide with the Illinois Department of Transportation's Standard
Specifications for Road and Bridge Construction, latest edition. The 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.
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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, 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
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limbs, removal of loose bark and proper shaping of wounds, thinning of the crown to
compensate for root loss, fertilization, straightening and staking.
Repairs shall be performed by the Village. The cost of such repairs shall be paid for by
the Contractor to the Village, using rates listed in the current edition of the Village's
Equipment and Labor Rate Charges. Additionally, the Village may fine the contractor for
unnecessary tree damage according to the schedule listed in Appendix A, Division III of
the Village Code.
If in the opinion of the Village, the amount of damage warrants removal of the tree due to
safety or aesthetic concerns, the Contractor shall remove the tree, along with its stump to
a depth of 12 inches below grade. The Contractor shall pay the Village for replacement
of the tree. Replacement cost will be determined by multiplying the diameter of the
damaged tree, as measured 4-1/2 feet above the ground, by the rate of$150.00/inch.
The Contractor shall be responsible for being familiar with and complying with all aspects
of the Village of Mount Prospect Tree Protection ordinances and Arboricultural Standards
Manual as they relate to the various site locations. Any questions regarding tree protection
shall be directed to the Village Forestry Division and their response or direction shall be
considered as the final word/decision on tree protection issues. Any costs for tree
protection fencing, posts, labor or other associated labor or material shall be incidental to
the fixed cost per unit bid.
s. Work In Street Right-Of-Way. All of contractor's construction work in street rights-of-
way shall be done in strict accordance with the applicable controlling public agency's
construction specifications, permitting, bonding, rules, and regulations.
All costs for necessary permits and bonds shall be borne by the Contractor and considered
incidental to the fixed item price of the applicable work.
Contractor shall coordinate with the proper public officials and receive approval from said
officials prior to any street closings or detouring required due to the work to be
performed.
Contractor shall protect existing vegetation from removal or damage wherever
possible. Contractor shall confine construction work to specified construction limits as
shown on the drawings or defined in the specifications. Should Contractor damage or
remove any vegetation outside the construction limits, Contractor shall restore the affected
area to its original state at no expense to the Village.
4) Bond: Insurance: Indemnification.
a. Performance And Labor And Material Payment Bond. Upon submission of the executed
contract to the Village, Contractor shall furnish to the Village a surety bond in the amount
one hundred and ten percent (110%) of the bid for the faithful performance of the Contract
and to indemnify the Village against loss. The Contractor shall also furnish a labor and
materials bond in the amount 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
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the Village and authorized by law to do business in the State of Illinois and endorsed by a
local representative of said surety company. All payment and performance bonds shall
name the Village of Mount Prospect as Obligee and be written upon forms prepared or
approved by the Village. Said bonds may be satisfied with a Letter of Credit, in the form
acceptable to the Village, from a bank or savings and loan within the Chicago metropolitan
area. The bonds and Letter of Credit shall remain in effect during the full term of the
Contract and any extension thereof. Failure to so provide these bonds or Letter of Credit
shall result in forfeiture of the bid bond/Letter of Credit to the Village as liquidated damages
and not as a penalty, and the termination of the contract and/or withdrawal of the award.
b. Insurance Requirements. In submission of a bid, the bidder is certifying that it has all
insurance coverages required by law or that would normally be expected for bidder's type
of work. In addition, the bidder is certifying that, as successful bidder/Contractor, upon
execution of the Contract, it will provide Insurance of such types and in such amounts as
may be necessary to protect itself and the interests of the Village against all hazards or
risks of loss contemplated by the Contract. The Village shall be named as additional
insured on all applicable insurance policies. Satisfactory certificates of insurance shall be
filed with the Village upon execution of the Contract. The certificates shall state that thirty
(30) days advance written notice will be given to the Village before any policy covered
thereby is changed or canceled.
Insurance coverage shall be in the following minimum amounts:
i. Limit/ Limit/
Type of Insurance Ea. Occurrence Aggregate
General Liability
Bodily Injury $1,000,000 $3,000,000
Property Damage $1,000,000 $3,000,000
Contractual Ins. $1,000,000 $3,000,000
Automobile Liability
Bodily Injury $1,000,000 $1,000,000
Property Damage $1,000,000 $1,000,000
Workers Compensation
Employee Claims Statutory for Illinois
Employers Liability $1,000,000 per accident
c. Indemnification. The Contractor shall indemnify and save harmless the Village, its officers
and employees from any and all liability, losses or damages, including 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.
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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) Compliance With Laws.
a. Collusion. If at any time it shall be found that the person, firm, or corporation to whom
the Contract has been awarded has, in presenting any proposal or proposals, unlawfully
colluded with any other party or parties, then the Contract so awarded shall be null and
void and the Consultant and his sureties shall be liable to the Village for all loss or
damage which the Village may suffer thereby, and the Village may advertise for new
bids for said work.
b. Observance Of Laws, Ordinances, And Regulations; Certifications Of Compliance With
Applicable Laws. The contractor shall, at all times during the life of this contract,
observe and abide by all federal, state and local laws which in any way affect the
conduct of the work and with all decrees and orders of courts or agencies of competent
jurisdiction. Likewise, said contractor shall be governed by all municipal ordinances and
regulations which in any way affect the conduct of the work. The contractor shall
indemnify and save harmless the owner, its officers, agents, and employees against any
claim or liability arising from or based on his violation of any law, ordinance, regulation,
decree or order.
The bidder and contractor, as successful bidder, shall comply with all applicable state,
federal and local laws, including, but not limited to the following:
i. Bid Rigging/Rotating. By submitting a bid, the Contractor certifies that no owner,
officer or director is barred from contracting with any unit of state or local
government as a result of violating the bid rigging or bid rotating provisions
contained in 720 ILCS 5/33E-3 & 33E-4.
ii. Tax Payment. The Contractor certifies that it is not delinquent in the payment of
any taxes to the Illinois Department of Revenue. (65 ILCS 5/11-42.1-1)
iii. Drug Free Workplace Act. The Contractor will comply with the requirements of the
Drug Free Workplace Act if the contract is $5,000 or more and it has more than 24
employees at the time of entering into the contract (30 ILCS 580).
iv. Preference To Veterans Act. The Contractor will comply with the Preference to
Veterans Act (330 ILCS 55).
V. Substance Abuse Prevention Program. By submitting a bid, the Contractor
certifies that the company has in place, to the extent not covered by a collective
bargaining agreement that deals with the subject of the Act, a substance abuse
prevention program that meets or exceeds the requirements of the Substance
Abuse Prevention in Public Works Projects Act, 820 ILCS 265/1 et seq.
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vi. Non-Discrimination. The Contractor will comply with the Illinois Public Works
Employment Discrimination Act (775 ILCS 10/1, et seq.)
vii. Equal Employment Opportunity. The Contractor will comply with Article 2 of the
Illinois Human Rights Act (775 ILCS 5/2-101, et seq.), including establishment and
maintenance of a sexual harassment policy as required by Section 2-105, and the
Rules and Regulations of the Illinois Department of Human Rights, including the
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE, which is a material term of all
public contracts, as follows:
EQUAL EMPLOYMENT OPPORTUNITY
In the event of the contractor's non-compliance with the provisions of this Equal
Employment Opportunity Clause or the Act, the contractor may be declared
ineligible for future contracts or subcontracts with the State of Illinois or any of its
political subdivisions or municipal corporations, and the contract may be cancelled
or voided in whole or in part, and other sanctions or penalties may be imposed or
remedies invoked as provided by statute or regulation. During the performance of
this contract, the contractor agrees as follows:
1) That he or she will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, marital status,
order of protection status, national origin or ancestry, citizenship status, age,
physical or mental disability unrelated to ability, military status or an unfavorable
discharge from military service; and, further, that he or she will examine all job
classifications to determine if minority persons or women are underutilized and will
take appropriate affirmative action to rectify any underutilization.
2) That, if he or she hires additional employees in order to perform this contract or any
portion of this contract, he or she will determine the availability(in accordance with
this Part) of minorities and women in the areas from which he or she may
reasonably recruit and he or she will hire for each job classification for which
employees are hired in a way that minorities and women are not underutilized.
3) That, in all solicitations or advertisements for employees placed by him or her or on
his or her behalf, he or she will state that all applicants will be afforded equal
opportunity without discrimination because of race, color, religion, sex, sexual
orientation, marital status, order of protection status, national origin or ancestry,
citizenship status, age, physical or mental disability unrelated to ability, military
status or an unfavorable discharge from military service.
4)That he or she will send to each labor organization or representative of workers with
which he or she has or is bound by a collective bargaining or other agreement or
understanding, a notice advising the labor organization or representative of the
contractor's obligations under the Act 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.
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6) That he or she will permit access to all relevant books, records, accounts and work
sites by personnel of the contracting agency and the Department for purposes of
investigation to ascertain compliance with the Act and the Department's Rules and
Regulations.
7) That he or she will include verbatim or by reference the provisions of this clause in
every subcontract awarded under which any portion of the contract obligations are
undertaken or assumed, so that the provisions will be binding upon the
subcontractor. In the same manner as with other provisions of this contract, the
contractor will be liable for compliance with applicable provisions of this clause by
subcontractors; and further it will promptly notify the contracting agency and the
Department in the event any subcontractor fails or refuses to comply with the
provisions. In addition, the contractor will not utilize any subcontractor declared by
the Illinois Human Rights Commission to be ineligible for contracts or subcontracts
with the State of Illinois or any of its political subdivisions or municipal corporations.
Title 44, Part 750, Section 750, APPENDIX A, Illinois Administrative Code,
viii. PREVAILING WAGE. This contract calls for the construction of a "public work"
within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/1, et seq., as
amended (the "Act"). The Contractor and all subcontractors are required to pay
wage rates in accordance with the Act to all laborers,workers and mechanics. The
Village has adopted the prevailing wages as determined by the Illinois Department
of Labor ("IDOL") for Cook County. The prevailing rate of wages is revised by the
IDOL and is available on the IDOL website,
www.state.ii.us/agency/idol/rates/rates.HTM. The Contractor and all
subcontractors are solely responsible for checking the Department's website for
revisions to prevailing wage rates. In the event that the IDOL should revise the
prevailing rate of wages, then the revised rates shall apply to this Contract. In no
case shall any revision in the rates of prevailing wages result in an increase in the
total Contract price.
All bonds provided by the Contractor under the terms of this Contract shall include
such provisions as will guarantee the faithful performance of the Contractor's
obligations under this clause and under the Prevailing Wage Act, 820 ILCS 130/1
et. seq.
Contractor shall comply with all applicable provisions of the Prevailing Wage Act,
including, but not limited to, the requirements of Section 5 of the Prevailing Wage
Act, 820 ILCS 130/5. The Contractor, and all Subcontractors and Sub-
Subcontractors participating on the Project, shall make and keep those records
required under Section 5 of the Prevailing Wage Act in paper or electronic format.
In conformance with the Act, each contractor and subcontractor, or other entity
performing work on the project, shall maintain records of all laborers, mechanics
and other workers employed by them on the project, including the following
information on each worker: (1) name; (2) address; (3) telephone number when
available; (4) social security number; (5) classification or classifications; (6) gross
and net wages paid in each pay period; (7) number of hours worked each day; (8)
starting and ending times of each day; (9) hourly wage rate; (10) hourly overtime
wage rate; (11) hourly fringe benefit rates; (12) the name and address of each
fringe benefit fund; (13) the plan sponsor of each fringe benefit, if applicable; and
(14)the plan administrator of each fringe benefit, if applicable. These records shall
be kept by the participating contractor and subcontractor for a period of not less
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than five (5)years from the date of last payment on the contractor subcontract. No
later than the 15th day of each calendar month, each participating contractor and
subcontractor shall submit a monthly certified payroll to the Village consisting of
the above-referenced information as well as a statement signed by the
participating contractor or subcontractor that certifies: (a) the records are true and
accurate; (b) the hourly rates paid to each worker is not less than the general
prevailing rate of hourly wages required under the Prevailing Wage Act; and (c)
the contractor or subcontractor is aware that filing a certified payroll that he or she
knows to be false is a Class A misdemeanor.
ix. Compliance With Freedom Of Information Act Request. Section 7 of the Illinois
Freedom of Information Act (FOIA), 5 ILCS 140/7, applies to public records in the
possession of a party with whom the Village of Mount Prospect has contracted.
The Village of Mount Prospect will have only a very short period of time from receipt
of a FOIA request to comply with the request and there is a significant amount of
work required to process a request including collating and reviewing the
information.
The bidder/contractor acknowledges the requirements of FOIA and agrees to
comply with all requests made by the Village of Mount Prospect for public records
(as that term is defined by Section 2(c) of FOIA) in the undersigned's possession
and to provide the requested public records to the Village Mount Prospect within
two (2) business days of the request being made by the Village of Mount Prospect.
The bidder/contractor agrees to indemnify and hold harmless the Village of Mount
Prospect from all claims, costs, penalties, losses and injuries (including but not
limited to, attorney's fees, other professional fees, court costs and/or arbitration or
other dispute resolution costs) arising out of or relating to its failure to provide
public records to the Village of Mount Prospect under the contract.
6) Work Guaranty.
a. Maintenance Bond. A maintenance bond or a maintenance letter of credit is required.
This maintenance bond or maintenance letter of credit amount shall consist of ten percent
(10%) of the final project cost; it shall be posted by the contractor with the Village upon
completion of all Work; and it shall be valid and effective for a period of two (2)years after
the final acceptance of such Work by the Village for the purpose of guaranteeing against
and securing the correction of any defect in material or workmanship furnished for such
improvements, latent in character and not discernible at the time of final inspection or
acceptance by the Village of Mount Prospect.
b. General Guaranty. Neither partial or final payment, nor any provision in the contract, nor
partial or entire use of the product/Work embraced in the contract by the Village or the
Public shall constitute an acceptance of work not done in accordance with the contract, or
relieve the contractor of liability in respect to any express warranties or responsibility for
failure to comply with the terms of those contract documents.
Unless otherwise expressly provided in the Specifications, in the event any defects or
imperfections in the materials or workmanship to be furnished by the contractor herein
appear within the period of two (2) years from the date of completion of all the Work and
acceptance thereof by the Village, the contractor will, upon notice from said Village (which
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notice may be given by letter to said contractor to the business address of the contractor
shown in the proposal), repair and make good at his own cost any such defects or
imperfections and replace any defective or imperfect materials or workmanship with other
materials or workmanship satisfactory to said Village, and furnish all such new materials
and labor as may be necessary to do so; and in the event of the failure, refusal or delay
of said workmanship or materials said Village may do so or have same done by others,
and said contractor and surety or sureties on the bonds given for the faithful performance
of the contract shall be liable to the Village for all damages and expenses occasioned by
such failure, refusal or delay. All details of warranties shall be included with the bid.
Warranty work shall be at no additional expense to the Village.
Manufacturer warranties and guaranties shall be submitted with the bid and shall be
considered a part of the contract where such specifications meet the minimum bid
Specifications.
7) Miscellaneous Contract Requirements.
a. Contract Alterations. No amendment of a contract shall be valid unless made in writing
and signed by the Village President, Village Manager, or their authorized representative.
b. Licenses And Permits. The Contractor shall procure at its own expense all necessary
licenses and permits in connection with the work under the Contract.
c. Nonassignability. The contractor shall not assign the contract, or any part thereof, to any
other person, firm or corporation without the previous written consent of the Village. Such
assignment shall not relieve the contractor from its obligations or change the terms of the
contract unless agreed by the Village at its sole discretion.
d. Notices. All notices required by the contract shall be given in writing.
e. Taxes. The contractor shall pay all federal, state and local taxes as may be applicable on
all materials, labor and services furnished by it under the contract, and the amounts of
such taxes shall be included in the unit prices bid.
26
SPECIFICATIONS
SPECIAL EXCAVATION
Description:
This work shall consist of excavating for the installation of new portland cement concrete sidewalk
and aggregate base. It shall include earthwork, bushes, hot-mix asphalt driveway material, and
portland cement concrete driveway material.
Construction Methods:
The work shall be done in accordance with Sections 201 and 202 of the"Standard Specifications for
Road and Bridge Construction".
Basis of Payment:
This work will be paid for at the contract unit price per cubic yard for SPECIAL EXCAVATION. This
price shall include excavating to the proper base elevation, disposal of the material, and all other
labor and equipment to complete this item.
TREE AND STUMP REMOVAL
Description:
This work shall consist of removing trees and stumps as shown on the plans or as determined by
the Engineer.
Construction Methods:
The work shall be done in accordance with Section 201 of the Standard Specifications for Road and
Bridge Construction.
Basis of Payment:
This work will be paid for at the contract unit price per inch diameter for TREE AND STUMP
REMOVAL (4 to 15 in. dia.) or (over 15 in. dia.) This price shall include all labor, material, and
equipment to complete this item.
TREE ROOT PRUNING
Description:
This work shall consist of root pruning those trees in the vicinity of the new sidewalk installation. For
each tree, the limits for the root pruning will be marked out by the Engineer.
Construction Methods:
The work shall be done in accordance with Section 201 of the"Standard Specifications for Road and
Bridge Construction". The root pruning shall be done with an approved root pruning device such as
a stump grinder. Root pruning shall be done to a depth equal to the total excavation depth for the
sidewalk and extend the width of the dripline of the tree.
Basis of Payment:
This work will be paid for at the contract unit price per each tree for TREE ROOT PRUNING (4 to 10
in.dia. tree)or(over 10 in.dia. tree). This price shall include all labor and equipment to complete this
item.
PCC SIDEWALK REMOVAL AND REPLACEMENT, 5"
Description:
27
This work shall consist of the removal of existing sidewalk and the construction of new portland
cement concrete sidewalk.
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 shall be sawcut full-depth and any areas outside the limits of the removal
which are damaged will be replaced by the Contractor at his own expense.
The Contractor shall install sidewalk within five (5) days of excavation, or removal of the existing
sidewalk. Should the Contractor fail to install the sidewalk within the specified time, the Contractor
shall be subject to liquidated damages equal to one hundred dollars ($100.00) per calendar day for
each sidewalk location.
The sidewalk shall be constructed of Class SI Concrete. The base shall be tamped or rolled until
thoroughly compacted. The thickness shall be 5"thick, or as directed by the Engineer.
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.
Basis of Payment:
This work will be paid for at the contract unit price per square foot for PCC SIDEWALK REMOVAL
AND REPLACEMENT, of the thickness specified. This price shall include removal of existing
sidewalk, excavating to the proper base elevation, disposing of excavated material, furnishing and
placing aggregate base course material where necessary, compaction of the base course, the
concrete mixture, the expansion joint filler, and all other labor, materials, and equipment to complete
this item.
AGGREGATE BASE COURSE, TYPE B, 4"
Description:
This work shall consist of installing an aggregate base course for the portland cement concrete
sidewalk.
Construction Methods:
The work shall be done in accordance with Section 351 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 AGGREGATE BASE
COURSE, TYPE B, 4". This price shall include furnishing and placing the aggregate, compacting
the base course, and all other labor and equipment to complete this item.
PCC SIDEWALK, 5"
Description:
This work shall consist of the construction of new portland cement concrete sidewalk.
Construction Methods:
The work shall be done in accordance with Section 424 of the"Standard Specifications for Road and
Bridge Construction". The new sidewalk shall have a maximum cross slope of 1.5%. Any new
sidewalk with a greater cross slope shall be removed and replaced at the Contractor's expense.
28
Basis of Payment:
This work will be paid for at the contract unit price per square foot for PCC SIDEWALK, 5". This
price shall include furnishing and placing the concrete mixture, the expansion joint filler, and all other
labor, materials, and equipment to complete this item.
DETECTABLE WARNINGS
Description:
This work shall consist of providing a detectable warning for a concrete sidewalk ramp by installing
pre-manufactured tiles in fresh concrete. The pre-manufactured tiles shall be Armor-Tile Tactile
Systems Cast in Place Tile, or approved equal, 2'x 4' in size, and Colonial Red (Federal No. 20109)
in color.
Construction Methods:
Pour concrete according to the specifications. Install tile in accordance with the manufacturer's
specifications and finish surface in a manner that the tile becomes an integral part of the sidewalk.
Basis of Payment:
This work will be paid for at the contract unit price per square foot for DETECTABLE WARNINGS
and shall include the pre-manufactured tiles and all work to install a detectable warning in concrete.
This pay item covers the preparation of fresh concrete in order to provide a bed for the pre-
manufactured tile, the installation of the tile, and the finishing of the surrounding fresh concrete
surface. The actual concrete installation under and around the tile will be paid for separately as PCC
SIDEWALK, 5".
COMBINATION CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENT
Description:
This work shall consist of the removal of designated existing curb and gutter and installation of new
curb and gutter.
Construction Methods:
The work will be done 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
AND GUTTER REMOVAL AND REPLACEMENT. This price shall include all labor, material and
equipment necessary to remove and replace the curb and gutter including all saw-cutting. This item
will include any type of curb and gutter encountered, including but not limited to barrier curb,
mountable curb, depressed curb, and integral curb and gutter.
HOT- MIX ASPHALT PAVEMENT REMOVAL AND REPLACEMENT
Description:
This work shall consist of the removal and replacement of hot-mix asphalt pavement adjacent to
where curb and gutter is being replaced.
Construction Methods:
29
The work will be done in accordance with Sections 440 and 606 of the "Standard Specifications for
Road and Bridge Construction". The limits of the replacement shall be determined by the Engineer.
Any work outside the marked area due to damage caused by the Contractor shall be performed at
the Contractor's expense. The hot-mix asphalt pavement shall be saw-cut, removed, and disposed
of by the Contractor. The Contractor shall install Hot-Mix Asphalt Surface Course, Mix "D", N50 to
a depth not less than two inches (3").
Basis of Payment:
This work will be paid for at the contract unit price per square yard for HOT-MIX ASPHALT
PAVEMENT REMOVAL AND REPLACEMENT. This price shall include the labor, materials, and
equipment to complete this item, including the saw-cutting.
PCC DRIVEWAY APRON REMOVAL AND REPLACEMENT
Description:
This work shall consist of the removal and satisfactory disposal of existing concrete driveway aprons;
and the construction of new concrete driveway aprons, as shown on the plans.
Construction Methods:
The concrete driveway aprons to be removed shall be disposed of by the Contractor. The limits of
the removal shall be marked by the Engineer; any pavement outside the area limits of removal
damaged during construction shall be removed and replaced at the Contractor's expense.
The Contractor shall install Portland Cement Concrete, 5". The Portland Cement Concrete shall be
constructed in accordance with Section 423 of the Standard Specifications for Road and Bridge
Construction insofar as applicable. The aggregate base course, CA-6 gradation as defined in
Section 1004, shall be installed and compacted in accordance with the Standard Specifications for
Road and Bridge Construction.
Basis of Payment:
This work will be paid for at the contract unit price per square yard of PCC DRIVEWAY APRON
REMOVAL AND REPLACEMENT. This price shall include the AGGREGATE BASE COURSE and
all labor, material, and equipment to complete this item.
CONCRETE CURE AND SEAL COMPOUND, SPECIAL
Description:
This work shall consist of coating new concrete surfaces with a single application of a combination
curing, sealing, and anti-scaling compound that is specifically formulated to resist de-icing salts.
The compound shall meet the requirements of ASTM C 1315, Type I, Class A and ASTM C 309,
Type I, Class B. In addition, the compound shall be "milky-white" in the container and first applied
so that coverage can be verified. The compound must dry to a clear and transparent finish.
Construction Methods:
The compound shall be applied according to the manufacturer's recommendations and
precautions.
Basis of Payment:
This work will be paid for at the contract unit price per square yard for CONCRETE CURE AND
SEAL COMPOUND, SPECIAL. This price shall include all labor, material, and equipment to
complete this item and full cleaning of the surfaces if required prior to the application of the material.
TOPSOIL FURNISH AND PLACE, 4"
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Description:
This work shall consist of furnishing and placing topsoil at locations where sod is to be installed or
as determined by the Engineer. This shall include regrading parkways as required.
Construction Methods:
The work shall be done in accordance with Section 211 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 TOPSOIL FURNISH AND
PLACE, 4". This price shall include all labor, material, and equipment to complete this item.
SODDING
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 Section 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. This price shall
include all labor, material, and equipment to complete this item and all the required watering.
TRAFFIC CONTROL PLAN
Traffic Control shall be according to the applicable sections of the Standard Specifications, the
Supplemental Specifications, the "Illinois Manual on Uniform Traffic Control Devices for Streets
and Highways", any special details and Highway Standards contained in the plans, and the
Special Provisions contained herein.
Special attention is called to Article 107.09 of the Standard Specifications and the Highway
Standards, Details, Quality Standard for Work Zone Traffic Control Devices, Recurring Special
Provisions and Special Provisions contained herein, relating to traffic control.
The Contractor shall contact the District One Bureau of Traffic at least 72 hours in advance of
beginning work near Cook County or IDOT highway ROW.
Basis of Payment:
The work associated with the Traffic Control Plan shall be incidental to the cost of the project.
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CLEAN CONSTRUCTION OR DEMOLITION DEBRIS (CCDD)
The Contractor shall only be responsible for the disposal of clean construction debris.
The Contractor shall prepare all bid pricing based on the assumption that all excavations and
associated debris will comply with the clean construction debris disposal requirements and that
the debris can and will be disposed of at any clean debris landfill.
The Village or its CCDD consultant will prepare all Source Site Certification by Owner or Operator
forms (or LPC-662 manifests)for each location and for each date of excavation during this project.
These forms will be provided to the contractor by the engineering project representative or(EPR).
The Contractor shall acquire one manifest for each load as outlined in the state regulations and
shall be responsible for only the costs of disposal of clean construction debris.
SUSPECT DEBRIS
The Contractor shall only be responsible for the disposal of any and all clean construction debris.
If the Contractor, for whatever reason, suspects that an excavation, debris load, or any portion
thereof, may contain non-clean construction debris, then he shall immediately notify the Village
or the EPR.
The Public Works Department can be reached at 847-870-5640.
If the Village or EPR agree that the material is suspect then the Contractor shall set aside that
suspect load or portion thereof on site or at a holding area identified by the Village. The Contractor
shall at that time be no longer responsible for the disposal of that load or portion thereof.
The Village and its CCDD consultant will become responsible for the testing and subsequent
disposal of all suspect debris.
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Bid Form Page 1
BID FORM
2019 New Sidewalk Program
Village of Mount Prospect
Department of Public Works
FROM:
(Hereinafter called "Bidder")
TO: Office of the Village Manager, 3rd Floor
50 South Emerson Street
Mount Prospect, Illinois 60056
(Hereinafter called "Village" or"Village of Mount Prospect")
Bid For: "2019 New Sidewalk Program"
The bidders have familiarized themselves with the work and probable work conditions required
under this Bid affecting the cost of the work and with the Bid Documents which include:
Notice to Bidders
Table of Contents
Instructions for Bidders
General Conditions and Special Provisions
Specifications
Bid Form
Affidavit— Bid Certification Form
Bid Security
Bid Sheet
Other materials or standards provided or noted by the Village
Contract Document
Performance Bond Form
Labor and Materials Payment Bond Form
Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel, labor,
materials, tools appurtenances, equipment, and services (including all utility and transportation
services) required to construct and complete the Work, all in accordance with the above listed
documents.
Bidder agrees to perform all of the Work and provide the equipment and materials described in
the Bid Documents, as follows:
Bidder has bid on all items and has provided a price for all items.
The Bidder acknowledges that it is responsible for verification of all pipe sizes and depths prior to
the ordering of materials.
The Bidder will complete and provide all labor, equipment, materials and mobilization (if
applicable) to perform the Work as incidental to the fixed item price for each item proposed.
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. Date Authorized Representative Acknowledged
Failure to acknowledge receipt, as provided above, may be considered sufficient grounds for
disqualification of the bidder and rejection of his/her bid submittal. A record of all Addenda and
copies of same will be available to all qualified bidders from the Village of Mount Prospect Public
Works Department, 1700 West Central Road, Mount Prospect, Illinois two (2) days prior to the
letting. It shall be the bidder's responsibility to become fully advised of all Addenda prior to
submitting its bid.
Upon award the contract the Village will send Notice of Award to the successful bidder, the bidder
must then execute the contract and provide the required bonds or letter of credit and certificate of
insurance to the Village within ten (10) days. The Village will then issue a written Notice to
Proceed, which starts the performance period and the contractor then has ten (10) days to
commence work. The contractor shall reach substantial completion within twenty-five (25)
consecutive calendar days after the Notice to Proceed with final completion fifteen (15)
consecutive calendar days thereafter. Failure to complete the work in the designated time
frame may result in the Director of Public Works withholding compensation due the contractor for
failure to complete the said work in the designated time frame, calling the bonds, or taking such
other action as may be available.
Security in the sum of ten (10%) percent of the amount bid in form of(check one):
Bid Bond Certified Check Bank Cashier's Check
is attached hereto in accordance with the "Instructions for Bidders".
34
Bid Form Page 3
This Bid Submittal contains the following:
1) Bid Form
2) Affidavit— Bid Certification Form
3) Bid Security
3) Bid Sheet (s)
Respectfully submitted:
Name of Firm/Bidder:
By:
(Signature)
Name & Title:
Date:
Contact Information:
Official Address:
Telephone:
Email:
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 Bid Rigging and Rotating
The undersigned further states that
(Name of Company)
is not barred from bidding or contracting as a result of a conviction for violations of state laws
prohibiting bid rigging or bid rotating or any similar offense of any state of the United States, as
provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code, 720 ILCS 5/33E-3, 33E-4.
Section III Drug Free Workplace
The undersigned further states that
(Name of Company)
provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 ILCS 580/1, et seq.,
and has, to the extent not covered by a collective bargaining that deals with the subject of the
Substance Abuse Prevention in Public Works Projects Act, 820 ILCS 265/1 et seq., a substance
abuse prevention program that meets or exceeds these requirements of that Act.
Section IV Tax Payment
The undersigned further states that is
(Name of Company)
not delinquent in payment of any taxes to the Illinois Department of Revenue, in accordance with
Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned understands that making a false
statement regarding delinquency in taxes is a Class A Misdemeanor and, in addition voids the
contract and allows the municipality to recover all amounts paid to the individual or entity under
the contract in civil action.
36
Page 2 -AFFIDAVIT— BID CERTIFICATION FORM
Section V Sexual Harassment Policy
Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A), every
party to a public contract must:
"Have written sexual harassment policies that shall include, at a mini-mum, the following
information: (1) the illegality of sexual harassment; (11) the definition of sexual harassment under
State law; (III) a description of sexual harassment, utilizing examples; (IV) the vendor's internal
complaint process including penalties; (V)the legal recourse, investigative and complaint process
available through the Department (of Human Rights) and the Commission (Human Rights
Commission); (VI) directions on how to contact the Department and Commission; and (VII)
protection against retaliation as provided by Section 6-101 of the Act. (Illinois Human Rights Act)."
A "public contract" includes: ...every contract to which the State, any of its political subdivisions
or any municipal corporation is a party." 775 ILCS 5/1-103 (M) (2002),
The undersigned further states that has
(Name of Company)
a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105 (A) (4).
It is expressly understood the foregoing statements and representations and promises are made
as a condition to the right of the bidder to receive payment under any award made under the
terms and provisions of this bid.
The undersigned certifies that all information contained in this Affidavit is true and correct.
Signed by: Title:
Signature
Name Printed:
Signed and sworn to before me this day of 20_.
My commission expires:
Notary Public
37
BID SECURITY
Included with this bid is a bank cashier's check, certified check or bid bond in the amount of
being ten percent (10%) of the total amount bid by
the Bidder, in favor of the Village of Mount Prospect. It is hereby
agreed that, should Bidder be awarded the Work contemplated under this bid and fail or refuse to
execute a contract for said Work, or to provide the required payment and performance bonds, or
letter of credit, and certificate of insurance, then this security, in the amount stipulated above,
shall be forfeited and may be retained by the Village of Mount Prospect as liquidated damages
and not as a penalty. All bids to remain firm for a period of ninety (90) days after bid opening
date.
SUBMITTED THIS 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 New Sidewalk Program"
(TO BE FILLED OUT BY THE CONTRACTOR/BIDDER)
The Bidder will complete pricing for all items (# 1-14) to provide all labor, equipment, materials and
mobilization (if applicable) to perform this work. The fixed item price given is to be all inclusive.
NOM DESCRIPTION UNIT QUANTITY ITEUNIT PRICE TOTAL
1. SPECIAL EXCAVATION CUYD 168
2. TREE AND STUMP REMOVAL (over 15 in.dia.) INDIA 18
3. TREE ROOT PRUNING (4 to 10 in.dia. tree) EACH 2
4. TREE ROOT PRUNING ( over 10 in.dia. tree) EACH 12
5. PCC SIDEWALK REMOVAL AND REPLACEMENT SQFT 175
6. AGGREGATE BASE COURSE, TYPE B, 4" SQYD 483
7. PCC SIDEWALK, 5" SQFT 4345
8. DETECTABLE WARNINGS SQFT 16
COMB. CONC. CURB AND GUTTER
9' REMOVAL AND REPLACEMENT FOOT 30
HOT-MIX ASPHALT PAVEMENT
10. REMOVAL AND REPLACEMENT SQYD 7
11. PCC DRIVEWAY APRON REMOVAL AND SQYD 180
REPLACEMENT
12 CONCRETE CURE AND SEAL SQYD 483
COMPOUND, SPECIAL
13. TOPSOIL FURNISH AND PLACE, 4" SQYD 670
14. SODDING SQYD 670
TOTAL FOR ITEMS (1 —14)
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 (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 New Sidewalk
Program; and
WHEREAS, the Contractor submitted a bid to perform the work associated with the 2019
New Sidewalk 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 New Sidewalk Program to the Contractor, subject
to the execution of this Contract;
NOW, THEREFORE, for and in consideration of their mutual promises, covenants,
undertakings and agreements, the parties agree as follows:
ARTICLE I — CONTRACT DOCUMENTS
This Contract is subject to the terms and conditions set forth in the Contract Documents, which
are incorporated herein as if fully set forth, and include the following Bid Documents with
Bidder's/Contractor's Bid Submittals prioritized to be included in number 6*:
1. Notice to Bidders
2. Table of Contents
3. Instructions to Bidders
4. General Conditions and Special Provisions
5. Specifications
6. Bid Submittals, including Bid Form, Affidavit— Bid Certification Form, Bid Security, Bid Sheet
(*Bidder's/Contractor's completed Bid Submittals)
7. Other materials or standards provided or noted by the Village
8. Contract
9. Applicable performance and labor and materials payment bonds, or letter of credit.
(Collectively the "Contact Documents")
ARTICLE II — PERFORMANCE BY CONTRACTOR
1. The Contractor agrees to perform the work, including all labor, materials, equipment and
services, in accordance with the terms and conditions set forth in the Contract Documents
(hereinafter the "Work").
2. The Contractor acknowledges that the Village reserves the right to add to or subtract from
the estimated quantities.
3. The Contractor certifies that it will comply with all state and federal laws and regulations,
and county and municipal ordinances, as set forth in the General Conditions.
ARTICLE III — PERFORMANCE BY VILLAGE
40
The Village agrees to pay the Contractor for its performance of the Work in the manner and
amount provided in the Contract Documents.
ARTICLE IV- CONFLICT BETWEEN CONTRACT DOCUMENTS
In the event of a conflict between any Contract Document and the terms of this Contract, the
Contract shall control to the extent of the conflict. In the event of any other conflict between
Contract Documents, the preceding Document shall govern to the extent of the conflict based
upon the order of priority set forth in Article I of this Contract, unless otherwise specifically stated.
ARTICLE V— COMMENCEMENT AND COMPLETION OF WORK
After the written Notice to Proceed is issued by the Village,which will start the performance period,
the Contractor then has 10 days to commence work. The Contractor shall achieved substantial
performance within twenty-five (25) consecutive calendar days after the Notice to Proceed has
been issued with final performance fifteen (15) consecutive calendar dans thereafter.
The Contractor shall commence performance of the Work and complete performance of the Work,
in accordance with the schedule set forth in the Contract Documents, but in no event shall any
Work be performed prior to the Village's receipt of this Contract, executed by Contractor, and the
Village's acceptance and approval of the payment and performance bonds, or letter of credit, and
certificate of insurance required by the Contract Documents.
ARTICLE V— NOTICE
Unless otherwise provided, all notices required under this Contract shall be made in writing and
addressed or delivered as follows:
TO THE VILLAGE OF MOUNT PROSPECT-
The Village of Mount Prospect
1700 West Central Road
Mount Prospect, Illinois 60056
ATTN: Director of Public Works
TO CONTRACTOR- at the address set forth on the Bid Form, or:
Notices shall be deemed effective when received by personal service or registered or certified
U.S. mail, postage prepaid and receipt requested, to the address so specified. Either Party may,
by written notice to the other, change its own mailing address.
ARTICLE VI — PRIOR AGREEMENTS; SUCCESSORS
This Contract supersedes all previous agreements, understandings and representations of any
nature whatsoever, whether oral or written, and constitutes the entire understanding between the
Parties. The terms of this Contract shall be binding upon and inure to the benefit of the parties
and the partners and officials, successors in interest, executors, administrators, assigns and
representatives and their respective successors and assigns, provided, however, that the
Contractor shall not assign, sublet or transfer any rights or interest in this Agreement in whole or
in part without the prior written approval of the Village, except to the extent that the Contract
Documents provide otherwise.
ARTICLE VII - DEFAULT BY CONTRACTOR
If the Contractor fails to begin the Work under the Contract within the time specified, or fails to
perform the Work in accordance with the terms of the approved schedule or performs the Work
in a manner unacceptable to the Village, or neglects or refuses to remove materials or perform
anew such Work as has been rejected by the Village, or if the Contractor shall become insolvent
or be declared bankrupt, or shall make an assignment for the benefit of creditors, or from any
41
other cause whatsoever shall fail to carry on the Work in a manner required by the Contract, the
Village shall give notice as hereinafter provided to the Contractor and its surety in writing
specifying such failure, delay, neglect, refusal or default, and if the Contractor, within a period of
ten (10) calendar days after the giving of such notice, shall not proceed in accordance therewith,
then the Village shall have full power and authority to declare the this Contract and the Contractor
in default, and to forfeit the rights of the Contractor in this Contract.
Upon declaration of Contractor's default, the Village may, at its option, call upon the surety to
complete the Work in accordance with the terms of this Contract or may take over the Work,
including any materials on the Work site as may be suitable and acceptable to the Village and
may complete the Work by its own forces or on its own account, or may enter into a new contract
or contracts for the completion of the Work, or may use such other methods as shall be required
for the completion of the Work in an acceptable manner as the Village may in its discretion
determine.
All costs and charges incurred by the Village, together with the cost of completing the Work shall
be deducted from any moneys due or which may become due on this to the Contractor under this
Contract. Following any payment due and received by the Village from the Contractor's surety
following default, if the expense so incurred by the Village is less than the sum paid to the Village
by the surety under this Contract for work remaining, the surety shall be entitled to receive the
excess difference paid to the Village. When such Contractor default costs incurred by the Village
exceeds the sum paid to the Village for the work remaining under the Contract the Contractor and
the surety shall be liable and shall pay to the Village the full cost of such additional expenses.
ARTICLE VIII - DEFAULT BY VILLAGE
In the event of a material default by the Village under this Contract, the Village shall have sixty
(60) days, from notice thereof by Contractor, to cure the default prior to Contractor's termination
of this Contract. The failure to pay a contested invoice shall not be considered a material default.
Upon termination, the Village shall be responsible to pay any uncontested payments due for work
performed.
ARTICLE IX—VENUE
The parties hereto agree that for purposes of any lawsuit(s) between them concerning this
Agreement, its enforcement, or the subject matter thereof, venue shall be in Cook County, Illinois,
and the laws of the State of Illinois shall govern the cause of action.
ARTICLE X - SEVERABILITY OF CONTRACT
If any term of this Contract is held by a court of competent jurisdiction to be void or unenforceable,
the remainder of the Contract terms will remain in full force and effect and will not be affected.
ARTICLE XI - CUMULATIVE REMEDIES
The exercise or failure to exercise any legal rights and remedies associated with any act of default
or breach hereunder by either Party will not constitute a waiver or forfeiture of any other rights
and remedies, and will be without prejudice to the enforcement of any other right or remedy
available by law or authorized by this Contract.
ARTICLE XII - COMPLIANCE WITH LAWS
Each party to this Contract will comply with all applicable state and federal laws and regulations,
and county and municipal ordinances and regulations.
ARTICLE XIII - DISPUTE RESOLUTION
Should a dispute arise between the Village and the Contractor as to the terms and conditions of
the Contract, or the responsibilities, limitations, or working relations of either Party, the designated
project personnel will make every reasonable effort to resolve the difference in accordance with
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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.
ARTICLE XVIII - ENFORCEABILITY
If any provision of this Contract is found to be invalid, illegal or unenforceable, that provision shall
be severable from the rest of this Contract and the validity, legality and enforceability of the
remaining provisions will in no way be affected or impaired.
ARTICLE XIX- EFFECTIVE DATE
The effective date of this Contract shall be the date of the last signature executing the Contract
(hereinafter referred to as the "Effective Date").
ARTICLE XX- ADVERTISEMENT
Contractor shall not use, in its advertising, marketing programs, or other promotional efforts, any
data, pictures, or other representation of the Village, except with the specific written authorization
in advance by the Village.
ARTICLE XXI - CAPTIONS; HEADINGS
The paragraph headings which appear herein are included solely for convenience and shall not
be used in the interpretation of this Contract.
ARTICLE XXII — ENTIRE AGREEMENT
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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:
44
VILLAGE OF MOUNT PROSPECT
LABOR AND MATERIAL PAYMENT BOND
Bond No.
Principal Amount:
Contract:
KNOWN ALL MEN BY THESE PRESENTS, that the Village of Mount Prospect, an Illinois
municipal corporation (hereinafter "Village"), has awarded to , as
Principal (hereinafter "Contractor"), a written agreement with the Village dated ,
(hereinafter "Contract"), for the 2019 NEW SIDEWALK PROGRAM in accordance with the
drawings and specifications prepared by: VILLAGE OF MOUNT PROSPECT (Village of Mount
Prospect or arch itect/engineer), which Contract is incorporated herein and made a part hereof;
and
WHEREAS, the Contractor is required to furnish a bond in connection with the Contract
to secure the payment of claims of laborers, workmen, mechanics, material suppliers, and other
persons as provided by law;
NOW, THEREFORE, we, the undersigned Contractor and
with main office at
as Surety, are
held and firmly bound unto the Village in the penal sum of Dollars ($
), lawful money of the United States, for which payment well and truly to be made we bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,
firmly by these present.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor
shall fully, promptly pay for all laborers, workmen and mechanics engaged in the work under the
Contract, and not less than the general prevailing rate of hourly wages as required by the Contract
and the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., and for all material used or
reasonably required for use in the performance of the Contract, and all duly authorized
modifications, alterations, changes or additions to said Contract as may hereafter be made, then
this obligation shall be null and void; otherwise it shall remain in full force and effect, subject to
the following conditions:.
1. A "Claimant" is defined as any person, firm or corporation having contracts with
Contractor or with a subcontractor of Contractor to furnish labor, materials, or both, for
use in the performance of the Contract. "Labor and materials" is construed to include
that part of water, gas, power, light, heat, oil, gasoline, telephone service, rental of
equipment, and any other items for which a mechanic's lien may be asserted.
2. Any person having a claim for labor and materials furnished in the performance of the
Contract shall have no right of action unless he shall have filed a verified notice of such
claim with the Village Clerk within 180 days after the date of the last items of work or
the furnishing of the last item of materials, and filed a copy of that verified notice upon
the Contractor within 10 days after the filing of the notice with the Village Clerk. Filing
must be by personal service or United States Mail, postage prepaid, certified or
restricted delivery, return receipt requested, limited to addressee. The notice shall
contain 1) the name and address of the claimant; 2) the business address of the
45
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.
Signed and sealed this day of 20
Contractor Surety
By: By:
Signature Officer Of The Surety
Title Title
ATTEST: Address:
Corporate Secretary (corporations only)
46
NOTARY
STATE OF
COUNTY OF
I, a Notary Public in and for said county, do hereby
certify that
(Insert Name of Attorney-In-Fact for Surety)
who is personally known to me to be the same person whose name is subscribed to the foregoing
instrument on behalf of Surety, appeared before me this day in person and acknowledge
respectively that he/she signed, sealed, and delivered said instrument as his/her free and
voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of 20
Notary Signature: My Commission expires:
(Attach Surety's Power of Attorney)
47
VILLAGE OF MOUNT PROSPECT
PERFORMANCE BOND
Bond No.
Principal Amount:
Contract:
KNOWN ALL MEN BY THESE PRESENTS, that Contractor
as Principal (hereinafter "Contractor"), and
with main office at
a
corporation of the state of as Surety (hereinafter"Surety"), are held
and firmly bound unto the Village of Mount Prospect, an Illinois municipal corporation
(hereinafter "Village"), in the penal sum of Dollars ( $ ),
lawful money of the United States, for the payment of which, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, Contractor has entered into a written agreement with the Village dated
(hereinafter "Contract"), for the construction of the 2019 SIDEWALK PROGRAM in
accordance with the drawings and specifications prepared by: VILLAGE OF MOUNT
PROSPECT (Village of Mount Prospect or architect/engineer), which Contract is incorporated
herein and made a part hereof.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor
shall fully, promptly and completely discharge the Contract and all duly authorized modifications,
alterations, changes, or additions to said Contract as may hereafter be made, and during the life
of any guaranty required under the Contract, and, if Contractor shall fully secure and protect the
Village from all liability and from all loss or expense of any kind, including all court costs and
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
48
additional legal, design professional or delay costs arising from Contractor's default and/or
resulting from action or inaction on the part of the Surety and liquidated damages, or, if no
liquidated damages are provided for in the Contract, actual damages caused by delayed
performance or non-performance by the Contractor or Surety. The Village shall not be required
to pay Surety more than the balance of the contract price.
The term "balance of the contract price" means the total amount payable by the Village to
the Contractor under the contract, and any amendments thereto, less the amounts paid to the
Contractor by the Village.
Any suit under this Bond must be filed before the expiration of two years from the date on
which final payment under the Contract is due or the applicable statute of limitations, whichever
is longer. No right of action shall accrue on this Bond to or for the use of any person or corporation
other than the Village or its heirs, executors, administrators or successors. Any proceeding, legal
or equitable, under this Bond may be instituted in a court of competent jurisdiction in the location
in which the work is located. Notice to any of the parties shall be mailed to the appropriate address
listed above.
Surety hereby waives notice of any modifications, alterations, changes, additions or
extension of time in the Contract.
Signed and sealed this day of 20
Contractor Surety
By: By:
Signature Officer Of The Surety
Title Title
ATTEST: Address:
Corporate Secretary (corporations only)
NOTARY
STATE OF
COUNTY OF
I, a Notary Public in and for said county, do hereby
certify that
(Insert Name of Attorney-In-Fact for Surety)
who is personally known to me to be the same person whose name is subscribed to the foregoing
instrument on behalf of Surety, appeared before me this day in person and acknowledge
respectively that he/she signed, sealed, and delivered said instrument as his/her free and
voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of , 20
Notary Signature: My Commission expires:
(Attach Surety's Power of Attorney)
49
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