HomeMy WebLinkAbout8.2 Motion to accept bid for construction of 2018 Backyard Drainage Program in an amount not to exceed $116,2201/20/2021 BoardDocs® Pro
Agenda Item Details
Meeting Jul 10, 2018 - SPECIAL MEETING OF THE MOUNT PROSPECT VILLAGE- 7:00 .
• •ry 8. VILLAGE MANAGER'S REPORT
Subject i to accepti for construction of 2018 BackyardDrainage r r in an amountnot
to exceed ,22 .
Access Public
Tye Action
Preferred Date Jul 10, 201�j*
Absolute Date Jul 10f 201411,,
ImpactFiscal
Dollar Amount 116f220.01
Budgeted Yes
Budget S•'urce Flood Control Construction•'
Recommended Action Accept the lowest -cost., responsive bid to construct the 2018 Backyard Drainage Program
projects in an amount not to exceed $116,220.
Public Content
cground
Several properties in Mount Prospect experience recurring backyard flooding after significant rain events. Often, water will
pond in their yards and remain there for an extended length of time. In some instances, ponded rainwater can impact
homes and contribute to structure flooding.
On May 13, 2008, the Village Board authorized staff to proceed with development of the Backyard Drainage Program in
an effort to help residents reduce private property flooding. A priority was placed on properties that experience structure
inundation as a consequence of backyard flooding.
Staff has received 375 requests for assistance through the Backyard Drainage Program. All of these requests are from
residential properties.
74 of these requests appear to involve backyard flood waters impacting houses. To date, the Village has remediated 38 of
these sites (52%) through previous Backyard Drainage Program projects (2009 - 2017).
To develop a Backyard Drainage Program project, staff will survey existing conditions and prepare plans to better drain
each property. Each design includes an inlet in the backyard draining through a pipe connecting to the existing sewer
system in the public right of way.
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To protect the receiving system from being overwhelmed, each design also includes a restrictor that controls and slows
the discharge into the receiving sewers. These restrictors, while serving to protect the Village sewer systems, may cause
water to pond in the backyards during heavy rain events for a short duration. To accommodate this ponding water, rain
gardens are installed around the inlets. These rain gardens provide a place for any ponding water to accumulate, and
provide a mechanism for the water to infiltrate into the ground quickly. This concept is depicted in the attached Rain
Garden Detail drawing.
Following construction, each property owner is responsible for maintenance of the new storm sewer and rain gardens on
their property; however, it is the Village's responsibility to maintain the new storm sewer in the public right of way. Each
design is contained on a single property, avoiding the need for easements or agreements between property owners.
It should also be noted that at the February 10, 2015 Committee of the Whole Meeting, the Village Board determined to
continue moving forward with the Backyard Drainage Program while requiring a cost share element from participating
property owners.
The Village Board committed to paying the majority of the cost of the improvements; a minimum of 75% of the total cost
for projects that help mitigate structure inundation influenced by surface water ponding. The property owner is required
to pay 25% of the cost up to a maximum of $5,000. Staff estimates the average total cost for the improvements to each
property to be over $25,000, so the homeowner cost is estimated to be $5,000.
All of the property owners participating in the 2018 Backyard Drainage Program have submitted checks covering their
participation in this year's proposed program.
Staff estimates funding exists in the current budget to support construction of four (4) more Backyard Drainage Program
projects. All of these sites have provided evidence of ponding yard water impacting homes. To facilitate this work,
detailed plans, specifications, and bid documents were prepared to secure a contractor for the work. A copy of this
compiled document is attached.
A Notice to Bidders was posted on the Demandstar by Onvia website and it was published in a local newspaper.
The bid opening for the 2018 Backyard Drainage Program was held on June 25, 2018 at 1:00 PM. Five (5) contractors
submitted bids for this project. The bids ranged from a low of $105,654.50 by Martam Construction, Inc. to a high of
by . • Sewer Construction,Below is . summary of •' •
All bidders submitted r • •' •• • in the amount of 1% of • •' • as required in the •'• proposal packet. All • •
were checked for their accuracy. All bidders correctly signed their bids and bid bonds.
The low bidder, Martam Construction, Inc., is qualified to complete the work involved with this project and satisfies the
requirements of the contract documents. Martam Construction, Inc. has worked on many previous Village projects
including the 2015, 2016, and 2017 Backyard Drainage Programs and the 2016 Storm Sewer Improvements at Lavergne
Drive and Palm Drive. Their work was completed to the satisfaction of the Village. A copy of Martam's bid submittal is
attached.
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
$116,220.00. (Base Bid: $ + Contingency: $10,565.50 = Total Recommended Award: $116,220.00)
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Martam Construction, Inc.
$105,654.50
LIFCO Construction,
$108,127.00
.............................. ..............................................................................
CopenhaverConstruction,Inc.
• of
Apollo Trenchless, Inc.
$207,061.00 0• 0/
Mauro Sewer Construction!$219,810.00
All bidders submitted r • •' •• • in the amount of 1% of • •' • as required in the •'• proposal packet. All • •
were checked for their accuracy. All bidders correctly signed their bids and bid bonds.
The low bidder, Martam Construction, Inc., is qualified to complete the work involved with this project and satisfies the
requirements of the contract documents. Martam Construction, Inc. has worked on many previous Village projects
including the 2015, 2016, and 2017 Backyard Drainage Programs and the 2016 Storm Sewer Improvements at Lavergne
Drive and Palm Drive. Their work was completed to the satisfaction of the Village. A copy of Martam's bid submittal is
attached.
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
$116,220.00. (Base Bid: $ + Contingency: $10,565.50 = Total Recommended Award: $116,220.00)
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Alternatives
1. Accept lowest -cost., responsive bid to construct 2018 Backyard Drainage Program projects.
2. Action at discretion of Village Board.
Staff Recommendation
e-
slaff recommends that the Village Board accept the lowest -cost,, responsive bid to construct the 2018 Backyard Drainage
Program projects in an amount not to exceed $116,220.
2018 Backyard Drainage Program- Location Map (002).pdf (258 KB)
Bid Document with Details and Plans.pdf (3,617 KB) Martarn Construction Bid.pdf (3,112 KB)
Rain Garden Detail.pdf (53 KB)
Administrative Content
Executive Content
Motion & Voting
Accept the lowest -cost., responsive bid to construct the 2018 Backyard Drainage Program projects in an amount not to
exceed $116,220.
Motion by Paul Hoefert, second by Michael Zadel.
Final Resolution: Motion Carries
Yea: William Grossi, Paul Hoefert,, Richard Rogers, Colleen Saccotelli, Michael Zadel
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VILLAGE OF MOUNT PROSPECT
2018 BACKYARD DRAINAGE PROGRAM
LOCATION MAP
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Bid Request
For
2018 BACKYARD DRAINAGE PROGRAM
MANDATORY PRE-BID: June 18, 2018 — 10:00 A.M. Local Time
BID OPENING: June 25,2018 — 1:00 P.M. Local Time
Mount Prospect Public Works Department
1700 W. Central Road, Mount Prospect, Illinois 60056-2229
1
NOTICE TO BIDDERS
Bid for
2018 Backyard Drainage Program
Sealed bids will be received until 1:00 p.m. on June 25, 2018 in the office of the Village
Manager, 3rd Floor, 50 S. Emerson Street, Mount Prospect, Illinois 60056, in a separate, sealed
envelope please submit bid clearly marked "Sealed Bid for 2018 Backyard Drainage
Program".
The project includes four (4) locations total. At three (3) locations, the project consists of
installing rain gardens (plants excluded) in backyards, drain pipe, catch basins in the right-of-
way, and pipe connections to the sewer main. At one location, the project consists of installing
drain pipe and a connection to an existing catch basin. This location is on a Cook County
Department of Transportation and Highways road.
There will be a mandatory pre-bid conference at 10:00 a.m. on June 18, 2018 at the Public
Works Department office, 1700 West Central Road, Mount Prospect, Illinois 60056.
All work under this Bid and the resulting contract shall comply with the Illinois Prevailing
Wage Act, 820 ILCS 130/0.01 et seq. and the other applicable laws and ordinances.
Plans and specifications may be obtained at the Village of Mount Prospect's Onvia Demandstar
website by using the following link: http://www.mountprospect.org/departments/bid-rfp-process.
Offers may not be withdrawn for a period of ninety (90) days after the bid date without the
consent of the Board of Trustees.
Any Bid submitted unsealed, unsigned, sent via email or fax or received subsequent to the
aforementioned date and time, will be disqualified and returned to the bidder.
The Village reserves the right in its sole discretion, to reject any and all bids or parts thereof, to
waive any irregularities technicalities and informalities in bid procedures and to award the
contract in a manner best serving the interests of the Village.
Village Manager
Michael J. Cassady
2
2018 Backyard Drainage Program
Table of Contents
Notice to Bidders
Table of Contents
Instructions to Bidders
General Conditions
Special Provisions
CCDD Information
Bid Form
Affidavit — Bid Certification Form
Bid Security
Bid Sheet
Contract
Labor and Material Payment Bond
Performance Bond
Details
Plans
• 1805 E. Euclid Avenue
311 S. Pine Street
• 420 N. Emerson Street
• 116 S. Albert Street
3
Page
2
3
4
9
27
33
35
38
40
41
43
49
53
8 Pages
4 Pages
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 June 25, 2018. Envelopes shall be plainly marked, "Sealed Bid for 2018 Backyard
Drainage Program" and with the following information: company's name, address, date and
time of opening. Bids must be signed by an authorized official of the organization submitting
the bid with the name of the official and his/her title typed below the signature.
2) Pre -Bid Conference. There will be a mandatory pre-bid conference at 10:00 a.m. on June
187 2018 at the Public Works Department office, 1700 West Central Road, Mount Prospect,
Illinois 60056.
3) 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.
4) 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.
5) Erasures. All erasures or revisions of the bid must be initialed by the person signing the bid.
6) 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.
4
7) Late Bids. Bids arriving after the specified time, whether sent by mail, courier, or in person,
will not be accepted. These bids will either be refused or returned unopened. It is the
bidder's responsibility for timely delivery regardless of the method used. Mailed bids which
are delivered after the specified hour will not be accepted regardless of post marked time on
the envelope.
8) Bids By Email And Fax. Email and Facsimile machine transmitted bids will not be accepted.
9) Error In Bids. When an error is made in extending total prices, the unit bid price will govern.
Otherwise, the bidder is not relieved from errors in bid preparation.
10) Withdrawal 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.
11) 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.
12) 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.
13) 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.
14) Conditions. Bidders are responsible to become familiar with all conditions, instructions and
Specifications governing this bid. The bidder is responsible to visit a site if necessary and
its bid is based upon the knowledge of all information readily available at the site of such a
visit. Once the bids have been opened, the failure to have read and understood all
conditions, Specifications and instructions shall not be cause to alter the original bid or to
request additional compensation. No extra compensation will be allowed the successful
bidder for failure to inform or familiarize itself prior to bidding.
5
15) 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.
16) Prices. Unit prices shall be shown for each unit on which there is a bid, and shall include all
packing, crating, freight, and shipping charges, and cost of unloading at the destination
unless otherwise stated in the bid.
Unit prices shall not include any local, state or federal taxes. The Village is exempt, by law,
from paying state and village retailer's occupation tax, service occupation tax, and federal
excise tax. The Village will supply the successful bidder with its tax exemption number.
Cash discounts will not be considered in determining overall price, but may be used in an
overall evaluation.
17) 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.
18) Award Or Rejection. The Village, at its sole discretion, reserves the right to reject any and
all bids or parts thereof, to waive any irregularities, technicalities and informalities, and to
award a bid in the best interests of the Village. Any bid submitted will be binding for ninety
(90) calendar days after the date of the bid opening.
Bidders shall make all investigations necessary to thoroughly inform themselves regarding
the equipment or supplies to be furnished in accordance with the bid. No plea of ignorance
by the bidder of conditions that exist or that may hereafter exist as a result of failure or
omission on the part of the bidder to make the necessary examinations and investigations
will be accepted as a basis for varying the requirements of the Village or the compensation
to the bidder.
Any bidder's exceptions to the terms or conditions, or deviations from the written
Specifications must be shown in writing and attached to the bid form. No verbal exceptions
or agreements with employees of the Village will be considered valid. Such exceptions or
deviations can be cause for rejection of the bid proposal. Any exceptions not taken by the
bidder shall be assumed by the Village to be included.
A contract will be awarded to the lowest responsible bidder complying with the conditions of
the bid documents only when it is in the best interest of the Village to accept the bid. The
Village shall be the sole judge of compliance with the Specifications.
19) Other 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.
20) 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.
21) Bid Certification Form. All bid submittals must include a signed Bid Certification Form
(copy attached) certifying non -collusion in the bid, and that the bidder is in compliance with
Sections 33E-3 and 33E-4 of the Illinois Criminal Code regarding bid rotating and bid -
rigging, 720 ILCS 5/33E-3, 33E-4, compliance with the Illinois Drug Free Workplace Act, 30
ILCS 580/1, et seq., and Substance Abuse Prevention in Public Works Projects Act, 820
ILCS 265/1 et seq., that it is not delinquent in the payment of taxes (65 ILCS 5/11-42.1) and
that it has a written sexual harassment policy in place in full compliance with Section 2-105
of the Human Rights Act, 775 ILCS 5/2-105, as amended,
Sections 33E-3 and 33E-4 states that it is unlawful to participate in bid -rigging and/or bid
rotating. Therefore, all bidders must certify, under oath, that they are not barred from
bidding on the contract as a result of a violation of Sections 33E-3 and/or 33E-4, prohibiting
bid -rigging and bid rotation. Therefore, the Bid Certification Form must be notarized.
22) 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 Instructions to Bidders should be directed to:
Jeff Wulbecker
Village Engineer
Mount Prospect Public Works Department
1700 West Central Road
Mount Prospect, IL 60056
Phone: 847-870-5640
Email: jwulbecker@mountprospect.org
0
GENERAL CONDITIONS
1. Definition Of Terms. In these specifications and the accompanying documents, the several
terms hereinafter defined shall be understood to mean as follows:
The term "Award" shall mean the decision of the Village of Mount Prospect to accept the bid
of the lowest responsible bidder for the work, subject to the execution and approval of a
satisfactory contract therefore, and bond to secure the performance thereof, and to such
other conditions as may be specified or otherwise required by law.
The term "Bid" shall mean a formal written offer of a bidder to perform the proposed work in
accordance with these specifications.
The term "Bidder" shall mean any individual, firm, or corporation submitting a bid for the
work contemplated.
The phrase "Bid Documents" shall mean the Notice to Bidders, Table of Contents,
Instructions to Bidders, General Conditions and Special Provisions, Specifications, Bid
Form, Affidavit — Bid Certification Form, Bid Security, Bid Sheet, Other Materials or
standards provided or noted by the Village, Contract, Performance Bond form, and Labor
and Materials Payment Bond form.
The term "Board" shall mean the Board of Trustees of the Village of Mount Prospect, Illinois.
The term "CCDD" shall mean Clean Construction or Demolition Debris.
The term, "Contract" shall mean the written agreement between the Village and the
contractor, or between the owner and the contractor.
The phrase "Contract Documents" shall mean the Bid Documents, bidder's submitted Bid
Form, Bid Security, Bid Sheet, Contract and required bonds or letter of credit.
The term "Contractor," as successful bidder, shall mean the individual, firm or corporation
who shall have entered into an agreement or contract to furnish all necessary labor,
equipment, tools and materials for the performance of the work under its bid and the Bid
Documents.
The phrase "Director of Public Works" shall mean the Director of Public Works
representing the Village of Mount Prospect.
The term "EPR" shall mean the Village's Engineering Project Representative.
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.
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.
10
The terms "Village Manager" or "Manager" shall mean the Village Manager of the Village of
Mount Prospect, Illinois or his duly appointed representative.
The terms "Work" and "Project" are used interchangeably and shall mean the improvement
advertised for letting, described in the bid form, indicated on the plans, and covered in the
specifications and contract, and authorized alterations, extensions and deductions, including
labor, tools, equipment, materials and incidentals necessary for the satisfactory completion
of the project.
The term, 1/2 stick" shall mean one-half the standard length of pipe, typically this is seven
(7) feet.
2. Award 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 forty-five (45) days after the
Notice to Proceed is effective (the Substantial Performance Date"). Substantial
Performance is when the entire Project can be used for the purposes for which it
was intended, i.e., only punchlist items remain.
ii. Final completion shall be within fourteen (14) 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 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
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$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.
Partial Payment. When requested, the contractor will make an approximate estimate, in
writing, of the materials in place completed, the amount of work performed, and the
value thereof, at the contract unit prices. From the amount so determined, there shall be
deducted ten percent (10%) to be retained until after completion of the entire Work to the
Village for payment, except that no amount less than $500 will be so certified unless the
total amount of the contract is less than $500.
In addition, an estimate may, at the discretion of the Village and upon presentation of
receipted invoices and freight bills, be made for payment of the value of acceptable
materials delivered on the Work or in acceptable storage places and not used at the time
of such estimate. Ten percent (10%) shall be retained from the value of such materials
until final payment. Such materials, when so paid for by the Village, shall become the
property of the Village, and in the event of default by the Village, shall become the
property of the Village, and in the event of default by the contractor, the Village may use
or cause to be used such materials in the construction of the work provided for in the
contract. The amount thus paid by the Village shall be deducted from estimates due the
contractor as the material is used in the work.
Partial payment for work or materials shall not be construed as an acceptance of the
work or any part of it, or as a waiver of any provisions of the contract. Partial payment
will only be granted if in the opinion of the Village sufficient labor and materials have
been expended to warrant it.
If partial payments are requested, the Contractor shall submit with each payment
request a properly completed Contractor's Affidavit setting out, under oath, the name,
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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 to but not greater than one and
one-half (11/2) 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.
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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 I LCS 5/33E-9.
p. Right Of The Village To Terminate The Contract.
If the Contractor fails to begin the Work under the Contract within the time specified,
or fails to perform the Work in accordance with the terms of the approved schedule
or performs the Work in a manner unacceptable to the Village, or neglects or refuses
to remove materials or perform anew such Work as has been rejected by the Village,
or if the Contractor shall become insolvent or be declared bankrupt, or shall make an
assignment for the benefit of creditors, or from any other cause whatsoever shall fail
to carry on the Work in a manner required by the Contract, the Village shall 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, 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
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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.
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.
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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.
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.
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.
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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.
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,
to
except as authorized in these specifications. Exceptions to the above shall be granted
only with written permission from the Director of Public Works.
FENCING: All unpaved ground on public property within the Critical Root Zones (CRZ)
of existing trees subject to construction damage shall be fenced before any work is
started. This Tree Protection Fencing will be paid for as specified in these contract
documents. Once assembled, no fencing shall be removed without prior approval of the
Engineer, and there shall be no construction activity or material including storage,
stockpiling, and equipment access within the enclosure. Fencing material shall be
orange polypropylene snow fence supported with metal posts, and installed according to
the detail which will be provided by the Forestry Division.
CHANGES TO EXISTING GRADE: No changes to original grade shall be allowed inside
the CRZ.
ROOT PRUNING DURING CONSTRUCTION: All tree roots greater than two inches (2")
in diameter that are encountered in any construction process shall be cut cleanly with an
appropriate saw or pruning shear or other tool specifically designed for cutting wood.
Axes or other such chopping tools shall not be used. Shovels or other tools designed for
digging shall not be used. Contractor shall contact Forestry for a root inspection before
backfilling.
ATTACHMENTS TO TREES: No signs, placards or other objects may be nailed or
stapled to trees.
BRANCH REMOVAL: Tree branches shall not be cut, pruned or trimmed by the
Contractor. If parkway tree branches interfere with the Contractor's work, he should
contact the Forestry Division to request pruning. If Forestry deems the request
reasonable they will endeavor to promptly prune the branches at the Village's expense.
PENALTIES FOR TREE DAMAGE: Where limbs, trunks or roots of trees not approved
for removal are damaged, the Village shall determine whether the tree can be repaired
or must be removed. Repairs may include, but are not strictly limited to, pruning of
broken limbs, removal of loose bark and proper shaping of wounds, thinning of the
crown to compensate for root loss, fertilization, straightening and staking.
Repairs shall be performed by the Village. The cost of such repairs shall be paid for by
the Contractor to the Village, using rates listed in the current edition of the Village's
Equipment and Labor Rate 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
19
costs for tree protection fencing, posts, labor or other associated labor or material shall
be incidental to the fixed cost per unit bid.
s. Work In Street Right -Of -Waw 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 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 fourteen (14) days advance written notice will be given to the Village
before any policy covered thereby is changed or canceled.
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Insurance coverage shall be in the following minimum amounts:
Limit/ Limit/
Type of Insurance Ea. Occurrence Aggregate
General Liability
Bodily Injury $170007000 $370001000
Property Damage $1,000,000 $3,000,000
Contractual Ins. $1,000,000 $3,000,000
Automobile Liability
Bodily Injury
Property Damage
Workers Compensation
Employee Claims
Employers Liability
$170003000 $1,000,000
$170003000 $130007000
Statutory for Illinois
$1,000,000 per accident
c. Indemnification. The Contractor shall indemnify and save harmless the Village, its
officers and employees from any and all liability, losses or damages, including attorney's
fees and costs of defense, the Village may suffer as a result of claims, demands, suits,
actions or proceedings of any kind or nature, including workers' compensation claims, in
any way resulting from or arising out of the operations of the Contractor under the
Contract, including operations of subcontractors; and the Contractor shall, at his own
expense, appear, defend, and pay all fees of attorneys and all costs and other expenses
arising therefrom or incurred in connection therewith; and, if any judgments shall be
rendered against the Village in any such action, the Contractor shall, at his own
expense, satisfy and discharge same. The Contractor expressly understands and
agrees that any bonds, letters of credit or insurance protection required by the Contract,
or otherwise provided by the Contractor, shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the Village as herein provided.
Contractor agrees to defend and hold harmless the Village from and against all
demands, claims, suits, costs, expenses, damages and adjustments based upon any
infringement of any patent relating to goods specified in the contract, and on account of
the Village's use of any copyrighted or uncopyrighted, composition, trade secrets, secret
process, proprietary rights, patented of unpatented invention, article or appliance
furnished or used under the bid Specifications.
5. 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 Reaulations: Certifications Of ComDliance 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
21
indemnify and save harmless the owner, its officers, agents, and employees against any
claim or liability arising from or based on his violation of any law, ordinance, regulation,
decree or order.
The bidder and contractor, as successful bidder, shall comply with all applicable state,
federal and local laws, including, but not limited to the following:
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.
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
22
underutilized and will take appropriate affirmative action to rectify any
underutilization.
2) That, if he or she hires additional employees in order to perform this
contract or any portion of this contract, he or she will determine the availability
(in accordance with this Part) of minorities and women in the areas from which
he or she may reasonably recruit and he or she will hire for each job
classification for which employees are hired in a way that minorities and
women are not underutilized.
3) That, in all solicitations or advertisements for employees placed by him or
her or on his or her behalf, he or she will state that all applicants will be
afforded equal opportunity without discrimination because of race, color,
religion, sex, sexual orientation, marital status, order of protection status,
national origin or ancestry, citizenship status, age, physical or mental disability
unrelated to ability, military status or an unfavorable discharge from military
service.
4) That he or she will send to each labor organization or representative of
workers with which he or she has or is bound by a collective bargaining or
other agreement or understanding, a notice advising the labor organization or
representative of the contractor's obligations under the Act and this Part. If
any labor organization or representative fails or refuses to cooperate with the
contractor in his or her efforts to comply with the Act and this Part, the
contractor will promptly notify the Department and the contracting agency and
will recruit employees from other sources when necessary to fulfill its
obligations under the contract.
5) That he or she will submit reports as required by this Part, furnish all
relevant information as may from time to time be requested by the Department
or the contracting agency, and in all respects comply with the Act and this
Part.
6) That he or she will permit access to all relevant books, records, accounts
and work sites by personnel of the contracting agency and the Department for
purposes of investigation to ascertain compliance with the Act and the
Department's Rules and Regulations.
7) That he or she will include verbatim or by reference the provisions of this
clause in every subcontract awarded under which any portion of the contract
obligations are undertaken or assumed, so that the provisions will be binding
upon the subcontractor. In the same manner as with other provisions of this
contract, the contractor will be liable for compliance with applicable provisions
of this clause by subcontractors; and further it will promptly notify the
contracting agency and the Department in the event any subcontractor fails or
refuses to comply with the provisions. In addition, the contractor will not utilize
any subcontractor declared by the Illinois Human Rights Commission to be
ineligible for contracts or subcontracts with the State of Illinois or any of its
political subdivisions or municipal corporations. Title 44, Part 750, Section
750, APPENDIX A, Illinois Administrative Code,
viii. PREVAILING WAGE. This contract calls for the construction of a "public work"
within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/1, et seq.,
as amended (the "Act"). The Contractor and all subcontractors are required to
pay wage rates in accordance with the Act to all laborers, workers and
mechanics. The Village has adopted the prevailing wages as determined by the
Illinois Department of Labor ("IDOL") for Cook County. The prevailing rate of
wages is revised by the IDOL and is available on the IDOL website,
23
www.state. il. 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 than five (5) years from the date of last
payment on the contract or subcontract. No later than the 15th day of each
calendar month, each participating contractor and subcontractor shall submit a
monthly certified payroll to the Village consisting of the above -referenced
information as well as a statement signed by the participating contractor or
subcontractor that certifies: (a) the records are true and accurate; (b) the hourly
rates paid to each worker is not less than the general prevailing rate of hourly
wages required under the Prevailing Wage Act; and (c) the contractor or
subcontractor is aware that filing a certified payroll that he or she knows to be
false is a Class A misdemeanor.
ix. Compliance With Freedom Of Information Act Reauest. Section 7 of the Illinois
Freedom of Information Act (FOIA), 5 ILCS 140/7, applies to public records in the
possession of a party with whom the Village of Mount Prospect has contracted.
The Village of Mount Prospect will have only a very short period of time from
receipt of a FOIA request to comply with the request and there is a significant
amount of work required to process a request including collating and reviewing
the information.
The bidder/contractor acknowledges the requirements of FOIA and agrees to
comply with all requests made by the Village of Mount Prospect for public
records (as that term is defined by Section 2(c) of FOIA) in the undersigned's
possession and to provide the requested public records to the Village Mount
Prospect within two (2) business days of the request being made by the Village
of Mount Prospect. The bidder/contractor agrees to indemnify and hold harmless
the Village of Mount Prospect from all claims, costs, penalties, losses and injuries
24
(including but not limited to, attorney's fees, other professional fees, court costs
and/or arbitration or other dispute resolution costs) arising out of or relating to its
failure to provide public records to the Village of Mount Prospect under the
contract.
6. 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 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.
25
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.
��^
SPECIAL PROVISIONS
6"9 8" SOLID PVC SDR 26
Description:
This work shall consist of the installation of polyvinyl chloride pipe (PVC) of the size and wall
thicknesses specified on the plans, and as specified in Section 1040.03 (a) of the Standard
Specifications for Road and Bridge Construction.
Construction Methods:
Installation shall conform to Section 601 of the Standard Specifications for Road and Bridge
Construction. All fittings shall be of the same material. This work shall include connections to the
receiving storm sewer, new structure, or existing structure. All connections to existing structures
shall be cored, and shall include a rubber boot seal.
Basis of Payment:
This work will be paid for at the contract unit price per foot for 6" or 8" SOLID PVC SDR 26. This
price shall include all labor, material (including fittings), and equipment to complete this item and
make any necessary connections.
6" SOLID PVC SDR 21 (CLASS 200) (DIRECTIONAL BORE)
Description:
This work shall consist of the installation of polyvinyl chloride pipe (PVC) of the size and wall
thicknesses specified on the plans by means of directional bore.
Construction Methods:
Installation shall be done using the directional boring method. All fittings shall be of the same
material. This work shall include connections to the receiving storm sewer, new structure, or
existing structure. All connections to existing structures shall be cored, and shall include a rubber
boot seal.
Basis of Payment:
This work will be paid for at the contract unit price per foot for 6" SOLID PVC SDR 21 (CLASS 200)
(DIRECTIONAL BORE). This price shall include all labor, material (including fittings), and
equipment to complete this item and make any necessary connections.
6" PERFORATED PVC UNDERDRAIN
Description:
This work shall consist of the installation of perforated polyvinyl chloride pipe (PVC) of the size
specified on the plans, and as specified in Section 1040.03 (b) of the Standard Specifications for
Road and Bridge Construction. All perforated pipe shall be encased in geotextile filter fabric
conforming to Material Specification No. 592 of the Illinois Urban Manual. The perforated
underdrain shall be bedded, and the trench backfilled with Y2" washed stone to a depth of 6" below
the finished grade.
Construction Methods:
All installation shall conform to Section 601 of the Standard Specifications for Road and Bridge
Construction, and the UNDERDRAIN DETAIL included in these specifications.
27
Basis of Payment:
This work will be paid for at the contract unit price per foot for 6" PERFORATED PVC
UNDERDRAIN. This price shall include all labor, material (including the geotextile filter fabric and
/2" washed stone), and equipment to complete this item.
8" SOLID PVC SDR 21 (CLASS 200)
Description:
This work shall consist of the installation of polyvinyl chloride pipe (PVC) of the size and wall
thicknesses specified on the plans, and as specified in Section 1040.03 (a) of the Standard
Specifications for Road and Bridge Construction.
Construction Methods:
Installation shall conform to Section 601 of the Standard Specifications for Road and Bridge
Construction. All fittings shall be of the same material. This work shall include connections to the
receiving storm sewer, new structure, or existing structure. All connections to existing structures
shall be cored, and shall include a rubber boot seal.
Basis of Payment:
This work will be paid for at the contract unit price per foot for 8" SOLID PVC SDR 21 (CLASS
200). This price shall include all labor, material (including fittings), and equipment to complete this
item and make any necessary connections.
TRENCH BACKFILL
Description:
This work shall consist of furnishing aggregate for all trenches where the inner edge of the trench is
within 2' of pavement, curb, gutter, or sidewalk. This work also includes the disposal of any excess
material replaced by the trench backfill.
Construction Methods:
The work shall be done in accordance with Section 208 of the "Standard Specifications for Road
and Bridge Construction". All trench backfill material shall conform to CA -6 gradation as defined in
Section 1004 of the Standard Specifications for Road and Bridge Construction. The trench backfill
shall be placed in 9" lifts, and mechanically compacted.
Basis of Payment:
This work will be paid for at the contract unit price per cubic yard for TRENCH BACKFILL. This
price shall include all labor, material, and equipment to complete this item.
CATCH BASIN (48" DIA.)
Description:
This work shall consist of installing precast concrete catch basins with frames and lids at locations
specified on the plans.
Construction Methods:
All installation shall conform to Section 602 of the Standard Specifications for Road and Bridge
Construction. Eccentric cone sections shall be installed, except where such installation would
cause the pipe(s) to connect to the catch basin through the cone section. In such cases a precast
concrete flat slab top shall be installed.
W
Basis of Payment:
This work will be paid for at the contract unit price per each CATCH BASIN (48" DIA.). This price
shall include all labor, material, and equipment to complete this item.
12" AREA DRAIN W/ DOME OR FLAT GRATE
Description:
This work shall consist of the installation of a 12" round drain basin and grate manufactured by
Nyloplast, a division of ADS, Inc., and shall include a dome or flat type grate as specified on the
plan (Nyloplast H-10 dome grate or H-20 grate) or approved equal.
Construction Methods:
All installation shall conform to the manufacturer's instructions.
Basis of Payment:
This work will be paid for at the contract unit price per each 12" AREA DRAIN W/ DOME or FLAT
GRATE. This price shall include all labor, material, and equipment to complete this item.
RFSTRICTOR
Description:
This work shall consist of constructing and installing a restrictor in the downstream side of the catch
basins indicated on the plans.
Construction Methods:
The construction and installation shall conform to the CATCH BASIN WITH RESTRICTOR DETAIL
included with these specifications.
Basis of Payment:
This work will be paid for at the contract unit price per each RESTRICTOR. This price shall include
all labor, material, and equipment to complete this item.
P.C.C. SIDEWALK REMOVAL & REPLACEMENT
Description:
This work shall consist of the removal of existing sidewalk and the construction of new portland
cement concrete (PCC) sidewalk, 5" minimum thickness.
Construction Methods:
The work shall be done in accordance with Sections 424 and 440 of the "Standard Specifications
for Road and Bridge Construction". At locations specified by the Engineer, existing concrete
sidewalks will be removed and disposed of by the Contractor. The limits of removal will be marked
by the Engineer. The sidewalk will be 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. This work
shall also include any additional excavation required to meet the base elevation of the proposed
sidewalk.
At locations where unsuitable base course materials are encountered, the materials shall be
removed to a depth as specified by the Engineer. Aggregate base course material shall be used
29
and compacted to adjust the base course to the proper elevation. The excavation and aggregate
base course material shall be considered incidental to this item.
Expansion joints 1/2 inch thick shall be placed between the sidewalk and all structures such as b -
boxes, manholes, light standards, traffic light standards, and traffic poles which extend through the
sidewalk. The b -boxes must be inspected and made operational, if required, by the Village
prior to placing the concrete.
Basis of Payment:
This work will be paid for at the contract unit price per square foot for P.C.C. SIDEWALK
REMOVAL & REPLACEMENT. This price shall include the cost for excavating to the proper base
elevation, disposal of excavated material, furnishing and placing aggregate base course material
where necessary, compaction of the base course, the concrete mixture, the expansion joint filler,
and all other labor, materials, and equipment to complete this item.
COMBINATION CONCRETE CURB & GUTTER REMOVAL & REPLACEMENT
Description:
This work shall consist of the removal of designated existing curb and gutter and installation of new
curb and gutter.
Construction Methods:
The work shall be done in accordance with Sections 440 and 606 of the "Standard Specifications
for Road and Bridge Construction". The Contractor will saw -cut a clean joint between the portion of
curb and gutter to be removed and that which is to remain. If the Contractor removes or damages
the existing curb and gutter outside the limits designated by the Engineer for removal and
replacement, he will be required to remove and replace that portion at his own expense.
Basis of Payment:
This work will be paid for at the contract unit price per foot for COMBINATION CONCRETE CURB
& GUTTER REMOVAL & REPLACEMENT. This price shall include all labor, material and
equipment necessary to remove and replace the Curb and Gutter including all saw -cutting. This
item will include any type of curb and gutter encountered, including but not limited to barrier curb,
mountable curb, depressed curb, and integral curb and gutter.
CLASS D PATCH, TYPE 2,3
Description:
This work shall consist of the removal and satisfactory disposal of existing pavement and
construction of a pavement patch as shown on the plans.
Construction Methods:
The pavement to be removed shall be disposed of by the Contractor. The limits of the removal
shall be marked by the Engineer; any pavement outside the area limits of removal damaged during
construction shall be removed and replaced at the Contractor's expense.
The Contractor shall constructed the pavement patch in accordance with Section 442 of the
Standard Specifications for Road and Bridge Construction insofar as applicable.
Basis of Payment:
This work will be paid for at the contract unit price per square yard of CLASS D PATCH, of the
TYPE specified. This price shall include all labor, material, and equipment to complete this item.
30
P.C.C. DRIVEWAY APRON REMOVAL & REPLACEMENT
Description:
This work shall consist of the removal and satisfactory disposal of existing concrete driveway
aprons disturbed during draintile installation as indicated on the plans. This work shall also consist
of the construction of new concrete driveway aprons as shown on the plans.
Construction Methods:
The concrete or asphalt driveway aprons to be removed shall be disposed of by the Contractor.
The limits of the removal shall be marked by the Engineer; any pavement outside the area limits of
removal damaged during construction shall be removed and replaced at the Contractor's expense.
The Contractor shall construct 5" Portland Cement Concrete driveway apron in accordance with
Section 420 of the Standard Specifications for Road and Bridge Construction insofar as applicable.
If directed by the Engineer, the Contractor shall remove a depth of the existing base and replace it
with compacted aggregate base course, CA -6 gradation as defined in Section 1004 of the
Standard Specifications for Road and Bridge Construction.
Basis of Payment:
This work will be paid for at the contract unit price per square yard of P.C.C. DRIVEWAY APRON
REMOVAL & REPLACEMENT. This price shall include all labor, material, and equipment to
complete this item.
TOPSOIL FURNISH & PLACE
Description:
This work shall consist of furnishing and placing topsoil at locations where sod is to be installed as
determined by the Engineer.
Construction Methods:
The work shall be done in accordance with Sections 211 of the "Standard Specifications for Road
and Bridge Construction".
Basis of Payment:
This work will be paid for at the contract unit price per square yard for TOPSOIL FURNISH &
PLACE. This price shall include all labor, material, and equipment to complete this item.
SODDING, SPECIAL
Description:
This work shall consist of furnishing and placing sod at locations as determined by the Engineer.
Construction Methods:
The work shall be done in accordance with Sections 252 of the "Standard Specifications for Road
and Bridge Construction".
Basis of Payment:
This work will be paid for at the contract unit price per square yard for SODDING SPECIAL. This
price shall include all labor, material, and equipment to complete this item and all the required
watering.
31
RAIN GARDEN SOIL FURNISH & PLACE
Description:
This work will consist of furnishing and placing rain garden soil mix in the rain garden areas
designated on the plans.
Construction Methods:
The rain garden soil mix shall consist of 60% sand, 25% top soil and 15% compost or peat moss.
The rain garden soil mix must be mixed offsite, and certified by the Contractor and inspected by the
Village prior to placement.
Basis of Payment:
This work will be paid for at the contract unit price per cubic yard for RAIN GARDEN SOIL
FURNISH & PLACE. This price shall include all labor, material, and equipment to complete this
item.
32
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.
33
34
Bid Form Page 1
FROM:
BID FORM
2018 Backyard Drainage Program
Village of Mount Prospect
Department of Public Works
(hereinafter called "Bidder")
TO: Office of the Village Manager, 31 Floor
50 South Emerson Street
Mount Prospect, Illinois 60056
(hereinafter called "Village" or "Village of Mount Prospect")
Bid For: "2018 Backyard Drainage Program"
The bidders have familiarized themselves with the work and probable work conditions required
under this Bid affecting the cost of the work and with the Bid Documents which include:
Notice to Bidders
Table of Contents
Instructions for Bidders
General Conditions and Special Provisions
Specifications
Bid Form
Affidavit — Bid Certification Form
Bid Security
Bid Sheet
Other materials or standards provided or noted by the Village
Contract Document
Performance Bond Form
Labor and Materials Payment Bond Form
Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel, labor,
materials, tools appurtenances, equipment, and services (including all utility and transportation
services) required to construct and complete the Work, all in accordance with the above listed
documents.
Bidder agrees to perform all of the Work and provide the equipment and materials described in
the Bid Documents, as follows:
Bidder has bid on all items and has provided a price for all items.
The Bidder acknowledges that it is responsible for verification of all pipe sizes and depths prior
to the ordering of materials.
The Bidder will complete and provide all labor, equipment, materials and mobilization (if
applicable) to perform the Work as incidental to the fixed item price for each item proposed.
35
Bid Form Page 2
In submitting this bid, the Bidder understands that the Village of Mount Prospect reserves the
right to add to or subtract from the estimated quantities.
The Village of Mount Prospect intends to award one (1) contract (if at all) for the items bid. If
written notice of award of this bid is mailed, emailed or otherwise delivered to the Bidder at any
time before this bid is withdrawn, the Bidder agrees to execute and deliver the contract in the
prescribed form and furnish payment and performance bonds, or letter of credit, and the
insurance certificates required by the Bid Documents to the Village within ten (10) days after
receipt.
The Bidder, and as successful bidder/Contractor upon award of the Contract understands and
agrees to the following:
1) The Contractor agrees to provide all Work and items and material to the Village as noted in
the Bid Documents and comply with the requirements of the Bid Documents.
2) The Contractor agrees to comply with all applicable state and federal laws, rules and
regulations, and county and municipal ordinances, as described in the General Conditions.
All Addenda pertaining to this project shall be acknowledged by the Bidder in the spaces
provided below:
Addendum
No.
Addendum
Date
Acknowledgement by Bidder or
Authorized Representative
Date
Acknowledged
Failure to acknowledge receipt, as provided above, may be considered sufficient grounds for
disqualification of the bidder and rejection of his/her bid submittal. A record of all Addenda and
copies of same will be available to all qualified bidders from the Village of Mount Prospect
Public Works Department, 1700 West Central Road, Mount Prospect, Illinois two (2) days prior
to the letting. It shall be the bidder's responsibility to become fully advised of all Addenda prior
to submitting its bid.
Upon award the contract the Village will send Notice of Award to the successful bidder, The
bidder must then execute the contract and provide the required bonds or letter of credit and
certificate of insurance to the Village within ten (10) days. The Village will then issue a written
Notice to Proceed, which starts the performance period and the contractor then has ten (10)
days to commence work. The contractor shall reach substantial performance within fourteen
(14) consecutive calendar days before final completion. Final completion shall be forty-
five (45) consecutive calendar days after the Notice to Proceed has been issued. Failure to
complete the work in the designated time frame may result in the Director of Public Works
withholding compensation due the contractor for failure to complete the said work in the
designated time frame, calling the bonds, or taking such other action as may be available.
36
Bid Form Page 3
Security in the sum of ten (10%) percent of the amount bid in form of (check one):
Bid Bond Certified Check Bank Cashier's Check
is attached hereto in accordance with the "Instructions for Bidders' .
This Bid Submittal contains the following:
1)
Bid Form
2)
Affidavit —Bid Certification Form
3)
Bid Security
3)
Bid Sheet (s)
Respectfully submitted:
Name of Firm/Bidder:
By: _
Title:
Date:
Contact Information:
Official Address:
Telephone:
Email:
(Signature)
37
VILLAGE OF MOUNT PROSPECT
AFFIDAVIT — BID CERTIFICATION FORM
Bidder:
Company/Firm Name:
Address:
As a condition of entering into a contract with the Village of Mount Prospect, and under oath and
penalty of perjury and possible termination of contract rights and debarment, the undersigned,
being first duly sworn on oath, deposes and states that he or
she is (sole owner, partner, joint ventured,
President, Secretary, etc.) of and has the
authority to make all
(Name of Company)
certifications required by this affidavit.
Section I
Non Collusion
The undersigned certifies that this bid is genuine and not collusive or a sham, that said bidder
has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person,
to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly,
sought by agreement or collusion, or communication or conference with any person, to fix the
bid price element of this bid, or of that of any other bidder, or to secure any advantage against
any other bidder or any person interested in the proposed contract.
Section II Bid Rigging and Rotating
The undersigned further states that
(Name of Company)
is not barred from bidding or contracting as a result of a conviction for violations of state laws
prohibiting bid rigging or bid rotating or any similar offense of any state of the United States, as
provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code, 720 ILCS 5/33E-3, 33E-4.
Section III Drug Free Workplace
The undersigned further states that
(Name of Company)
provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 ILCS 580/1, et
seq., and has, to the extent not covered by a collective bargaining that deals with the subject of
the Substance Abuse Prevention in Public Works Projects Act, 820 ILCS 265/1 et seq., a
substance abuse prevention program that meets or exceeds these requirements of that Act.
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.
M
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: (I) the illegality of sexual harassment; (II) the definition of sexual harassment under
State law; (III) a description of sexual harassment, utilizing examples; (IV) the vendor's internal
complaint process including penalties; (V) the legal recourse, investigative and complaint
process available through the Department (of Human Rights) and the Commission (Human
Rights Commission); (VI) directions on how to contact the Department and Commission; and
(VII) protection against retaliation as provided by Section 6-101 of the Act. (Illinois Human
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
(Name of Company)
a written sexual harassment policy in place in full compliance with
has
775 ILCS 5/2-105 (A) (4).
It is expressly understood the foregoing statements and representations and promises are made
as a condition to the right of the bidder to receive payment under any award made under the
terms and provisions of this bid.
The undersigned certifies that all information contained in this Affidavit is true and correct.
Signed by:
Signature
Name Printed:
Signed and sworn to before me this day of , 20
My commission expires:
Notary Public
39
Title:
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
40
BID SHEET
"2018 Backyard Drainage Program"
(TO BE FILLED OUT BY THE CONTRACTOR/BIDDER)
The Bidder will complete pricing for all items (# 1-17) to provide all labor, equipment, materials and
mobilization (if applicable) to perform this work. The fixed item price given is to be all inclusive.
ITEM
NO.
DESCRIPTION
UNIT
QUANTITY
UNIT
PRICE
TOTAL
1
6" Solid PVC SDR 26
Foot
60
2
6" Solid PVC SDR 21 (Class 200) (directional
bore)
Foot
560
3
6" Perforated PVC Underdrain
Foot
40
4
8" Solid PVC SDR 26
Foot
40
5
8" Solid PVC SDR 21 (Class 200)
Foot
20
6
Trench Backfill
CuYd
48
7
Catch Basin (48" dia.)
Each
3
8
12" Area Drain w/ Dome or Flat Grate
Each
6
9
Restrictor
Each
3
10
P.C.C. Sidewalk Removal & Replacement
SgFt
150
11
Combination Concrete Curb & Gutter
Removal & Repalcement
Foot
45
12
Class D Patch, Type 2
SgYd
24
13
Class D Patch, Type 3
SgYd
18
14
P.C.C. Driveway Apron Removal &
Replacement
Yd
S Yd
Sq
42
Topsoil Furnish & Place
SgYd
733
16
Sodding, Special
SgYd
733
17
Rain Garden Soil Furnish & Place
CuYd
27
TOTAL FOR ITEMS (1-17)
41
CONTRACT
THIS Contract (hereinafter the "Contract") is entered into on this 'day of , 2018, by and
between the VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation (hereinafter
the "Village"), and , a Corporation (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 2018 Backyard Drainage
Program; and
WHEREAS, the Contractor submitted a bid to perform the work associated with the 2018
Backyard Drainage Program (hereinafter the "Bid"); and
WHEREAS, upon its review of the submitted bids, the Village has awarded the contract
to perform the work associated with the 2018 Backyard Drainage Program to the Contractor,
subject to the execution of this Contract;
NOW, THEREFORE, for and in consideration of their mutual promises, covenants,
undertakings and agreements, the parties agree as follows:
ARTICLE I — CONTRACT DOCUMENTS
This Contract is subject to the terms and conditions set forth in the Contract Documents, which
are incorporated herein as if fully set forth, and include the following 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.
43
ARTICLE III — PERFORMANCE BY VILLAGE
The Village agrees to pay the Contractor for its performance of the Work in the manner and
amount provided in the Contract Documents.
ARTICLE IV - CONFLICT BETWEEN CONTRACT DOCUMENTS
In the event of a conflict between any Contract Document and the terms of this Contract, the
Contract shall control to the extent of the conflict. In the event of any other conflict between
Contract Documents, the preceding Document shall govern to the extent of the conflict based
upon the order of priority set forth in Article I of this Contract, unless otherwise specifically
stated.
ARTICLE V —COMMENCEMENT AND COMPLETION OF WORK
After the written Notice to Proceed is issued by the Village, which will start the performance
period, the Contractor then has 10 days to commence work. The Contractor shall achieved
substantial performance within fourteen (14) consecutive calendar days before final completion.
Final completion shall be forty-five (45) consecutive calendar days after the Notice to Proceed
has been issued.
The Contractor shall commence performance of the Work and complete performance of the
Work, in accordance with the schedule set forth in the Contract Documents, but in no event
shall any Work be performed prior to the Village's receipt of this Contract, executed by
Contractor, and the Village's acceptance and approval of the payment and performance bonds,
or letter of credit, and certificate of insurance required by the Contract Documents.
ARTICLE V — NOTICE
Unless otherwise provided, all notices required under this Contract shall be made in writing and
addressed or delivered as follows:
TO THE VILLAGE OF MOUNT PROSPECT -
The Village of Mount Prospect
1700 West Central Road
Mount Prospect, Illinois 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
44
in a manner unacceptable to the Village, or neglects or refuses to remove materials or perform
anew such Work as has been rejected by the Village, or if the Contractor shall become insolvent
or be declared bankrupt, or shall make an assignment for the benefit of creditors, or from any
other cause whatsoever shall fail to carry on the Work in a manner required by the Contract, the
Village shall give notice as hereinafter provided to the Contractor and its surety in writing
specifying such failure, delay, neglect, refusal or default, and if the Contractor, within a period of
ten (10) calendar days after the giving of such notice, shall not proceed in accordance therewith,
then the Village shall have full power and authority to declare the this Contract and the
Contractor in default, and to forfeit the rights of the Contractor in this Contract.
Upon declaration of Contractor's default, the Village may, at its option, call upon the surety to
complete the Work in accordance with the terms of this Contract or may take over the Work,
including any materials on the Work site as may be suitable and acceptable to the Village and
may complete the Work by its own forces or on its own account, or may enter into a new
contract or contracts for the completion of the Work, or may use such other methods as shall be
required for the completion of the Work in an acceptable manner as the Village may in its
discretion determine.
All costs and charges incurred by the Village, together with the cost of completing the Work
shall be deducted from any moneys due or which may become due on this to the Contractor
under this Contract. Following any payment due and received by the Village from the
Contractor's surety following default, if the expense so incurred by the Village is less than the
sum paid to the Village by the surety under this Contract for work remaining, the surety shall be
entitled to receive the excess difference paid to the Village. When such Contractor default
costs incurred by the Village exceeds the sum paid to the Village for the work remaining under
the Contract the Contractor and the surety shall be liable and shall pay to the Village the full
cost of such additional expenses.
ARTICLE VIII - DEFAULT BY VILLAGE
In the event of a material default by the Village under this Contract, the Village shall have sixty
(60) days, from notice thereof by Contractor, to cure the default prior to Contractor's termination
of this Contract. The failure to pay a contested invoice shall not be considered a material
default. Upon termination, the Village shall be responsible to pay any uncontested payments
due for work performed.
ARTICLE IX —VENUE
The parties hereto agree that for purposes of any lawsuit(s) between them concerning this
Agreement, its enforcement, or the subject matter thereof, venue shall be in Cook County,
Illinois, and the laws of the State of Illinois shall govern the cause of action.
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.
45
ARTICLE XIII - DISPUTE RESOLUTION
Should a dispute arise between the Village and the Contractor as to the terms and conditions of
the Contract, or the responsibilities, limitations, or working relations of either Party, the
designated project personnel will make every reasonable effort to resolve the difference in
accordance with the terms and conditions of the Contract. If a dispute continues despite these
efforts, it shall be referred to the Parties' Project Managers.
If the above action fails to resolve the dispute, the Parties may, by agreement, elect to resolve
the dispute through a mediation process. Each Party shall bear its own costs in preparing and
conducting mediation, except that the costs, if any, of the actual mediation proceeding shall be
shared equally by the Parties. The mediation process is defined as follows:
The Parties shall select a mutually agreeable mediator from American Arbitration Association
lists or any other agreeable list to aid the Parties in resolving the dispute. The mediator shall
not be an employee or former employee of either Party. The first meeting shall be held at a
location chosen by the Village. At the meetings, each Party may present materials and/or
arguments to the mediator. The mediator's decision shall be not be binding upon either Party.
In the event that the foregoing steps fail to resolve the dispute, either Party may bring suit in the
Circuit Court of Cook County, Illinois.
ARTICLE XIV - ASSIGNMENT
No rights or interest in this Contract may be assigned by Contractor without prior written notice
being provided by Contractor to the Village and the Village's written approval. The Village shall
not unreasonably withhold its approval of such assignment. In the event of an assignment, the
Contractor shall not be relieved of its obligations under the Contract unless agreed to by the
Village, at its sole discretion.
ARTICLE XV - RECRUITING
The Parties shall not, without the consent of the other Party, entice, encourage, offer special
inducements, or otherwise recruit employees of the other Party during the period of this
Contract and for a period of one (1) year thereafter. This clause is not intended to restrict any
individual's right of employment but rather is intended to preserve the relationship intended
under this Contract and to prevent the Parties from actively recruiting the employees of the
other Party.
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.
46
ARTICLE XXI - CAPTIONS; HEADINGS
The paragraph headings which appear herein are included solely for convenience and shall not
be used in the interpretation of this Contract.
ARTICLE XXII — ENTIRE AGREEMENT
This Contract, consisting of the Contract Documents, constitutes the entire agreement between
the Parties for the subject matter hereof and supersedes all prior arrangements, agreements,
representations and undertakings, written or oral. This Contract may not be changed or modified
except by a written instrument duly executed by each of the Parties hereto.
IN WITNESS WHEREOF, the Parties hereto have executed this Contract.
Contractor: VILLAGE OF MOUNT PROSPECT
In
Title:
Date:
ATTEST:
Title:
Date:
47
Title:
Date:
ATTEST:
Title:
Date:
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 2018
BACKYARD DRAINAGE PROGRAM in accordance with the drawings and specifications
prepared by: VILLAGE OF MOUNT PROSPECT (Village of Mount Prospect or
architect/engineer), which Contract is incorporated herein and made a part hereof; and
WHEREAS, the Contractor is required to furnish a bond in connection with the Contract
to secure the payment of claims of laborers, workmen, mechanics, material suppliers, and other
persons as provided by law;
NOW, THEREFORE, we, the undersigned Contractor and
, with main office at
as Surety, are
held and firmly bound unto the Village in the penal sum of Dollars
($ ), lawful money of the United States, for which payment well and truly to be
made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly
and severally, firmly by these present.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor
shall fully, promptly pay for all laborers, workmen and mechanics engaged in the work under the
Contract, and not less than the general prevailing rate of hourly wages as required by the
Contract and the Illinois Prevailing Wage Act, 820 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
49
service or United States Mail, postage prepaid, certified or restricted delivery,
return receipt requested, limited to addressee. The notice shall contain 1) the
name and address of the claimant; 2) the business address of the claimant
within the State of Illinois, if any, or if the claimant be a foreign corporation
having no place of business within the State, the principal place of business
of the corporation, and in the case of partnership, the names and residences
of each of the partners; 3) the name of the Contractor for the Village; 3) the
name of the person, firm or corporation by whom the claimant was employed
or to whom such claimant furnished materials; 4) a brief description of the
public improvement for the construction or installation of which the Contract is
to be performed; and 5) a description of Claimant's contract as it pertains to
the public improvement describing the work done by the claimant and stating
the total amount due and unpaid as of the date of the verified notice. No
defect in the notice herein provided for shall deprive the claimant of its right of
action under the terms and provision of this Bond unless it shall affirmatively
appear that such defect has prejudiced the rights of an interested party
asserting the same.
3. No action shall be brought on this Bond later than one year after the date of
the last item of work or of the furnishing of the last item of materials. Such suit
shall be brought only in the circuit court of the State in the judicial district in
which the Contract is to be performed.
4. The Village shall not be liable for the payment of any costs or expenses of
any such lawsuit, and the Village does not have any obligations to any
Claimants who make claims on this Bond. Surety will pay for all such claims,
and for all costs and expenses of any such lawsuit, up to a maximum of the
amount of this Bond.
Surety hereby expressly agrees that no extension of time, change, modification,
alteration, deletion, or addition to the undertakings, covenants, terms, conditions, and
agreements of the Contract, or to the work to be performed thereunder, shall in any way
affect the obligation of this Bond; and it does hereby waive notice of any such extension
of time, change, modification, alteration, deletion, or addition to the undertakings,
covenants, terms, conditions, and agreements of the Contract, or to the work to be
performed thereunder.
Surety's obligations hereunder are independent of the obligations of any other
surety for the payment of claims of laborers, workmen, mechanics, material suppliers,
and other persons in connection with the Contract; and suit may be brought against
Surety and such other sureties, jointly and severally, or against any one or more of
them, or against less than all of them without impairing the Village's rights against the
others. Any payment by the Surety made in good faith pursuant to this Bond shall
reduce the principal amount of this Bond.
50
Signed and sealed this day of
Contractor
By:
Signature
Title
ATTEST:
Corporate Secretary (corporations only)
STATE OF
COUNTY OF
I,
certify that
20
Su rety
By:
Officer Of The Surety
Title
Address:
NOTARY
, a Notary Public in and for said county, do hereby
(Insert Name of Attorney -In -Fact for Surety)
who is personally known to me to be the same person whose name is subscribed to the
foregoing instrument on behalf of Surety, appeared before me this day in person and
acknowledge respectively that he/she signed, sealed, and delivered said instrument as his/her
free and voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of , 20
Notary Signature:
My Commission expires:
(Attach Surety's Power of Attorney)
51
52
VILLAGE OF MOUNT PROSPECT
PERFORMANCE BOND
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
(hereinafter "Contract"), for the construction of
BACKYARD DRAINAGE PROGRAM in accordance with the drawings and
prepared by: VI
architect/engineer),
_CAGE OF MOUNT PROSPECT (Village of Mount
which Contract is incorporated herein and made a part hereof.
Village dated
the 2018
specifications
Prospect or
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor
shall fully, promptly and completely discharge the Contract and all duly authorized modifications,
alterations, changes, or additions to said Contract as may hereafter be made, and during the life
of any guaranty required under the Contract, and, if Contractor shall fully secure and protect the
Village from all liability and from all loss or expense of any kind, including all court costs and
attorneys' fees made necessary or arising from the failure, refusal or neglect of Contractor to
comply with all obligations assumed by Contractor in connection with the performance of the
Contract and all such modifications, alterations, changes, or additions, then this obligation shall
be null and void; otherwise it shall remain in full force and effect.
Upon receipt of written notice from the Village that the Contractor is in default, and
performance by the Village of its obligations under the Contract, Surety will promptly (1) remedy
the default; (2) arrange for the performance of Contractor's obligations under the Contract
through the use of qualified contractors acceptable to the Village; or (3) notify the Village that it
may hire a contractor to complete Contractor's obligations under the Contract. Surety will
promptly notify, in writing, the Village of which option it is exercising. Failure of the Surety to
elect an option within fifteen (15) days of receipt of the notice from the Village shall constitute
authorization to the Village to complete the improvements at Surety's expense.
The balance of the contract price shall be credited against the cost of completing and/or
correcting the Contractor's performance under the Contract. If the cost exceeds the balance of
the contract price, the Surety shall pay the excess amount to the Village, up to a maximum of
the principal amount of this Bond. If the Surety arranges for completion and/or correction or
remedies the default, the balance of the contract price that is required to complete, correct or
remedy the default shall be paid by the Village to Surety. Surety will be responsible, up to the
maximum of the principal amount of this Bond, for payment for correction and completion of the
Contract, any additional legal, design professional or delay costs arising from Contractor's
default and/or resulting from action or inaction on the part of the Surety and liquidated damages,
53
or, if no liquidated damages are provided for in the Contract, actual damages caused by
delayed performance or non-performance by the Contractor or Surety. The Village shall not be
required to pay Surety more than the balance of the contract price.
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
Contractor
By:
Signature
Title
ATTEST:
Corporate Secretary (corporations only)
STATE OF
COUNTY OF
20
Su rety
Officer Of The Surety
Title
Address:
NOTARY
, a Notary Public in and for said county, do hereby
certify that
(Insert Name of Attorney -In -Fact for Surety)
who is personally known to me to be the same person whose name is subscribed to the
foregoing instrument on behalf of Surety, appeared before me this day in person and
acknowledge respectively that he/she signed, sealed, and delivered said instrument as his/her
free and voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of
Notary Signature:
My Commission expires:
(Attach Surety's Power of Attorney)
54
.20
(2A
0
0
0
o �I
2B
NOTES:
1 A GRASS AREAS IN R.O.W. MUST BE RESTORED WITH 4" OF TOP SOIL AND SOD
1 B SEE PAVEMENT RESTORATION DETAIL FOR PATCHING REQUIREMENTS
2A UNDER GRASS AREAS BACKFILL WITH EXCAVATED MATERIAL PLACED AND COMPACTED IN 12"
LI FTS
2B UNDER, AND WITHIN 2' OF PAVEMENT, CURB & GUTTER, AND SIDEWALK, BACKFILL WITH CA -6
MATERIAL IN 9" LIFTS COMPACTED TO 95% MAX. DENSITY
3 CA -11 STONE BACKFILL PLACED AND COMPACTED IN 6" LIFTS
4 CA -11 STONE BEDDING. MINIMUM THICKNESS = 1 /4 OF THE OUTSIDE DIAMETER OF THE PIPE,
BUT NO LESS THAN 4"
O5 UNSUITABLE MATERIAL TO BE REMOVED AT THE DIRECTION OF VILLAGE ENGINEER, AND
REPLACED WITH COMPACTED CA -11 STONE
6 THE TRENCH WIDTH SHALL BE AT LEAST 18" WIDER THAN THE OUTSIDE DIAMETER OF THE PIPE
Village of Mount Prospect
Public Works Department
1700 W. Central Rd.
TRENCH SECTION DETAIL
Last Revised: 8-09
H:\Engineering\Reference\Details\Vi 11ageStandards\TRENCH SECTION DETAIL.dwg
RESTORE TO EXISTING
GRADE WHEN INS -
SOLID WALL PIPE
RFGRADE TO CREATE
ALE WHEN INSTALLING
RFORATED PIPE
UNDERDRAIN DETAIL
XISTING GROUND
6" TOP SOIL AND SOD
GRANULAR BACKFILL
SEE PLAN FOR PIPE SIZE,
LENGTH, SLOPE AND
MATERIALS
NOTE: THE HOLE FOR THE UNDERDRAIN MUST BE CORE DRILLED INTO THE STRUCTURE.
Village of Mount Prospect
Public Works Department
1700 W. Central Rd.
UNDERDRAIN DETAIL
Last Revised: 8-09 1
H:\Engineering\Reference\Details\ViIIageStandards\UNDERDRAIN DETAIL.d
EAST JORDAN 1050 W/
SOLID COVER
NOTE 3
O
INLET
COMPACT
CA -11 STC
NOTES:
1. PRECAST SECTIONS TO BE JOINED WITH TONGUE AND GROOVE JOINTS SEALED WITH MASTIC
TYPE BITUMINOUS JOINTING COMPOUND.
2. PRECAST CONCRETE BARREL SECTION ASTM C-478 AND ASTM C-443.
3. PRECAST CONCRETE RING CONSTRUCTION ASTM C -478-64T ADJUSTMENT TO 12" MAXIMUM,
USING THE MINIMUM NEEDED TO ACHIEVE THE DESIRED ELEVATION WITH 3 RINGS MAXIMUM.
RUBBER NOISE RINGS SHALL BE USED IN ALL TRAFFIC AREAS.
4. STEPS SHALL BE EMBEDDED INTO WALL A MINIMUM OF 3" AND SHALL NOT BE EXTENDED ON
THE OUTSIDE.
5. MINIMUM DIAMETER (D) SHALL BE 48" UNLESS OTHERWISE NOTED ON THE PLAN.
6. A FACTORY INSTALLED "RUBBER BOOT SEAL" SHALL BE PRECAST INTO ALL PIPE OPENINGS
WHEN CATCH BASINS ARE TIED INTO COMBINED SEWER SYSTEM.
no
OUTLET
Village of Mount Prospect
Public Works Department
1700 W Central Rd
CATCH BASIN W/ RESTRICTOR DETAIL
Scale: None I Last Revised: 05-09
H:\Engineering\Reference\Details\Vi llageStandards\CATCH BASIN WITH RESTRICTOR DETAIL.dwg
( PER MANUFACTURER'S SPECS)
21" DIA.
kq 1.75"
9,,
24" DIA.
36" DIA.
CC('TI(1K1 A -A
VHZ) I r KHIVI C
_J LOo� o�J Loo�ooJ
o,= �ooa000� o 0 0 0
00
22.75" DIA
.LO 1.38"
LO
L V T
1.5" 1.38"
1"
CC1"`_r1nK1 C2_C2
LA5 I UF'LN LI U
(PER MANUFACTURER'S SPECS)
CC:('T1nK1 (`_(`
CCAS 15UL1 U LI U
NOTES:
1. APPROVED MANUFACTURER'S PRODUCT NUMBERS FOR FRAMES AND LIDS:
- PAVED AREAS (SOLID LID): EAST JORDAN 1050, EXTRA HEAVY DUTY, TYPE A SOLID COVER
- PAVED AREAS (OPEN LID): EAST JORDAN 1050, EXTRA HEAVY DUTY, TYPE 1020M1 GRATE
- NON -PAVED AREAS (SOLID LID): EAST JORDAN 1050, MEDIUM DUTY, TYPE A SOLID COVER
- NON -PAVED AREAS (OPEN LID): EAST JORDAN 1050, MEDIUM DUTY, TYPE 01 BEEHIVE GRATE
2. SANITARY FRAMES AND COVERS FOR MANHOLES LOCATED WITHIN FLOODPLAIN AREAS AND HAVING A RIM ELEVATION BELOW THE FLOOD
PROTECTION ELEVATION SHALL BE WATER TIGHT, LOCK TYPE COVERS- NEENAH NO. R-1 755-B OR APPROVED EQUAL.
3. ALL SANITARY LIDS MUST BE GASKET TYPE WITH CONCEALED PICKHOLES.
4. SOLID LIDS FOR VILLAGE OWNED STRUCTURES MUST HAVE THE WORDS "VILLAGE OF MOUNT PROSPECT" AND HAVE THE NAME OF THE UTILITY
(WATER -SANITARY -STORM) CAST INTO THE LID.
5. OPEN LIDS MUST HAVE THE WORDS "DUMP NO WASTE, DRAINS TO WATERWAYS" CAST INTO THE LID.
6. OTHER MANUFACTURER'S PRODUCTS OF EQUAL SPECIFICATION MAY BE SUBSTITUTED AT THE APPROVAL OF THE VILLAGE ENGINEER.
Village of Mount Prospect
Public Works Department
1700 W. Central Rd.
FRAMES AND LIDS
Last Revised: 8-09
H:\Engineering\Reference\Details\ViIIageStandards\FRAMES AND LIDS.dwg
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SAW C
ED
VARII
NICIA1 DACE t-ni 1000
NOTFS-
1. HOT—MIX ASPHALT OVERLAY CONFORMING TO IDOT CLASS D PATCH AS
DEFINED IN SECTION 442 OF THE STANDARD SPECIFICATIONS FOR ROAD
AND BRIDGE CONSTRUCTION.
2. BASE COURSE SHALL MATCH EXISTING BASE COURSE THICKNESS (8" MIN.).
IF EXISTING BASE COURSE IS CONCRETE, NEW PATCH BASE COURSE MUST
ALSO BE CONCRETE. OTHERWISE, NEW PATCH BASE COURSE MAY BE
CONCRETE OR BAM.
3. AGGREGATE BASE IS NOT PERMITTED FOR PAVEMENT PATCHING.
Village of Mount Prospect
Public Works Department
1700 W. Central Rd.
PAVEMENT RESTORATION DETAIL
Last Revised: 8-09
]ICKNESS
V CUT
aE
BASE
H:\Engineering\Reference\Details\VillageStandards\PAVEMENT RESTORATION DETAIL.dwg
AREA
A
B
C
D
E
F
50 ft2
3
8
3
10
3
6
100 ft
3
12
3
16
5
8
200 f t 2
4
17
4
24
6
10
A
LIMITS OF PROPOSED RAIN
GARDEN UNLESS OTHERWISE
NOTED ON THE PLAN
A
B
B
'l
D
� E �
LIMITS OF PROPOSED RAIN
GARDEN UNLESS OTHERWISE
NOTED ON THE PLAN
THRUST BLOCK
6" PVC OVERFLOW
PIPE (SEE SITE PLAN)
'z�FrTI CTI
NOTES:
1. THE RAIN GARDEN SOIL MIX SHALL
CONSIST OF:
— 60% SAND
— 25% TOP SOIL
— 15% COMPOST OR PEAT MOSS
2. PLANTS FOR RAIN GARDEN TO BE
SELECTED FROM APPROVED LIST.
3. ROUGHEN SIDES OF EXCAVATED HOLE
PRIOR TO BACKFILLING.
H:\Engineering\Drainage\RAIN GARDEN DETAIL-C.dwg
RAIN GARDEN SOIL
MIX (SEE NOTE 1)
12" AREA DRAIN
W/ DOME GRATE
C
f�
'l
D
THRUST BLOCK
6" PVC OVERFLOW
PIPE (SEE SITE PLAN)
'z�FrTI CTI
NOTES:
1. THE RAIN GARDEN SOIL MIX SHALL
CONSIST OF:
— 60% SAND
— 25% TOP SOIL
— 15% COMPOST OR PEAT MOSS
2. PLANTS FOR RAIN GARDEN TO BE
SELECTED FROM APPROVED LIST.
3. ROUGHEN SIDES OF EXCAVATED HOLE
PRIOR TO BACKFILLING.
H:\Engineering\Drainage\RAIN GARDEN DETAIL-C.dwg
RAIN GARDEN SOIL
MIX (SEE NOTE 1)
12" AREA DRAIN
W/ DOME GRATE
IN
12"
fl
E EUCLID AV
l'0p /m Il e
FINLl T=-100.00
r_ -j nn .,Z! �71 Q9 A0
MH
-
;� �- , amu" •�Q� _ �L^ >_
ff ; �---•------- - q
R M �9 8G
) IN��-;�J,BC� CB 99, z
CONNECT TO EXISTING
CATCH BASIN f ',
INV=95.90 9
1
1225
r' �y
r
f 5
102.07
99.1
TC 9938
Tc 99.68
-..a
24" ,
200'-6" SOLID PVC
`[ :8,82
�CS r 9s2 :..... `
�' r
223
SDR 21 CLASS 200
0.35X
�,``3:,•
i
f
(DIRECTIONAL BORE)
10,
pp
e�99
y ii i �r1pp
{{�� ei
99,65
9-9.83
99,41' 9 9. 2 7 91dl'p
f
[
GREASE
P!T
iy
1a0.�5
10[x.;10
99.8 99.40f° r �
❑..
4-6
r
00
4
10 0. 45
trop/CON( WOOD_.��'
:� NCS. POST
X ii
'99,je22
its
WELL
�y�{ �
�
�r
i
10 0. 15
I
1805
200'-6" SOLID PVC
�' r
223
SDR 21 CLASS 200
0.35X
�,``3:,•
f
(DIRECTIONAL BORE)
10,
r
°C3 991
�1
rAY
f
[
GREASE
P!T
❑..
4-6
r
99.91
10 0. 45
trop/CON( WOOD_.��'
:� NCS. POST
X ii
X air 98.1 �3
�y�{ �
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�r
' ° r
1
EXISTING
F
x'38.8 9848
SEPTIC
X98.38 (�X
9.8.1
9. J re
1221
:�
12" AREA DRAIN
✓
W/ FLAT GRATE
RIM=98.50 99.05. ..... .,��
v. X
x
x
INV 96.60
98.80 98.70
NOTES:
?
I
1. IF ANY EXCAVATION IS NECESSARY WITHIN THE
j
aJ
'9 8. 6 0 96.75
60'-6" sOUD PVC
TREE PROTECTION AREA, THE CONTRACTOR
,
' SDR 26 0 0.3396
MUST CONTACT THE FORESTRY DIVISION PRIOR
TO BEGINNING WORK.
98.95 ; ,-
3� ��
98.85 98.3-7
X 74 X
;,8, 75 98.60 98.157
X
�
2. UNLESS OTHERWISE NOTED ON THE PLAN, SUMP
f
''
PUMPS AND DOWNSPOUTS SHALL NOT BE
CONNECTED TO THE DRAINTILE, STORM SEWER
�y r
98k'f90 08.95
93'3c 98.7 i�8}•/
aa.yyY'�y '
OR RAIN GARDEN.
12" AREA DRAIN
98.3
99,65
1807
0
W/ FLAT GRATE
3. THE WATER MAINS AND SANITARY SEWERS ARE RIM --98.80 `1 ' ■
OWNED AND MAINTAINED BY THE ILLINOIS INV=96.80
AMERICAN WATER COMPANY. LOCATIONS SHOWN i 99,20 99.05 99,10
99,55
ARE APPROXIMATE.
4. A PERMIT MUST BE OBTAINED FROM THE COOK
COUNTY HIGHWAYS DEPARTMENT FOR THE WORK " 99.4 9p.0 99,u0`°�'0 �079.t) 0 40
9�3.�a�: X X )� X X X
1MTHIN THE EUCLID AVENUE RIGHT OF WAY. - `' -° ' �.--' _ �. ,r � .
M Village of Mount Prospect Design: CML Scale: 1:40
P Public works Department 1805 EUCLID AVE Date: 3-19-18
1700 W Central Rd Drawing : RLH Sheet: 1 of
H:\Engineering\Development\by Address\Eudid Ave\1805 E\Eudid 1805.dw9
IN
CONNECT TO
EXISTING COMBINED 20'-8" SOLID PVC
15 COiMBIN'E'D SEWER SEWER INV=93.40 SDR 21 (CLASS 200)
MH
X CLASS D PATCH
BENCHMARK:
TYPE 11 (111 SY)
'To
S PINE ST P NE 801-T 9
0.
9""' ELEV= 00.00
I N <
W x
-
W -
vv W --w
0i
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O 30 3. IF ANY EXCAVATION IS NECESSARY WITHIN THE TREE PROTECTION AREA, THE
CONTRACTOR' MUST CONTACT THE FORESTRY DIVISION PRIOR TO BEGINNING WORK.
4. UNLESS OTHERWISE NOTED ON THE PLAN, 'SUMP PUMPS AND DO' SPOUTS SHALL
NOT BE CONNECTED TO THE DRAINTILE, STORM SEWER OR RAIN GARDEN.
5. SUMP PUMP & PIT TO BE REMOVED BY OWNER.
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Mount Prospect
Bid Request
For
2018 BACKYARD DRAINAGE PROGRAM
MANDATORY PRE-BID: June 18,2018 — 10:00 A.M. Local Time
BID OPENING: June 25, 2018 — 1:00 P.M. Local Time
Mount Prospect Public Works Department
1700 W. Central Road, Mount Prospect, Illinois 60056-2229
1
NOTICE TO BIDDERS
Bid for
2018 Backyard Drainage Program
Sealed bids will be received until 1:00 p.m. on June 25, 2018 in the office of the Village
Manager, 3rd Floor, 50 S. Emerson Street, Mount Prospect, Illinois 60056, in a separate, sealed
envelope please submit bid clearly marked "Sealed Bid for 2018 Backyard Drainage
Program".
The project includes four (4) locations total. At three (3) locations, the project consists of
installing rain gardens (plants excluded) in backyards, drain pipe, catch basins in the right-of-
way, and pipe connections to the sewer main. At one location, the project consists of installing
drain pipe and a connection to an existing catch basin. This location is on a cook County
Department of Transportation and Highways road.
There will be a mandator pre-bid conference at 10:00 a.m. on June 18, 2018 at the Public
Works Department office, 1700 West Central Road, Mount Prospect, Illinois 60056.
All work under this Bid and the resulting contract shall comply with the Illinois Prevailing
Wage Act, 820 ILCS 13010.01 et seq. and the other applicable laws and ordinances.
Plans and specifications may be obtained at the Village of Mount Prospect's Onvia Demandstar
website by using the following link: http://www. m o u ntros ect.org/departments/bid- rf- process.
Offers may not be withdrawn for a period of ninety (90) days after the bid date without the
consent of the Board of Trustees.
Any Bid submitted unsealed, unsigned, sent via email or fax or received subsequent to the
aforementioned date and time, will be disqualified and returned to the bidder.
The Village reserves the right in its sole discretion, to reject any and all bids or parts thereof, to
waive any irregularities technicalities and informalities in bid procedures and to award the
contract in a manner best serving the interests of the Village.
Village Manager
Michael J. Cassady
2
2018 Backyard Drainage Program
Table of contents
Notice to Bidders
Table of contents
Instructions to Bidders
General conditions
Special Provisions
CCDD Information
Bid Form
Affidavit — Bid certification Form
Bid Security
Bid Sheet
Contract
Labor and Material Payment Bond
Performance Bond
Details
Plans
• 1 805 E. Euclid Avenue
• 311 S. Pine Street
• 420 N. Emerson Street
■ 116 S. Albert Street
3
P�
2
3
4
9
27
33
35
38
40
41
43
49
53
8 Pages
4 Pages
INSTRUCTIONS TO BIDDERS
} 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 June 25, 2018. Envelopes shall be plainly marked, "Sealed Bid for 2018 Backyard
Drainage Program" and with the following information: company's name, address, date and
time of opening. Bids must be signed by an authorized official of the organization submitting
the bid with the name of the official and his/her title typed below the signature.
2} Pre -Bid conference. There will be a mandatory pre-bid conference at 10:00 a.m. on June
182 2018 at the Public Works Department office, 1700 West Central Road, Mount Prospect,
Illinois 60056.
3) 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.
4) 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.
5) Erasures. All erasures or revisions of the bid must be initialed by the person signing the bid.
6} 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.
7) Late Bids. Bids arriving after the specified time, whether sent by mail, courier, or in person,
will not be accepted. These bids will either be refused or returned unopened. It is the
bidder's responsibility for timely delivery regardless of the method used. Mailed bids which
are delivered after the specified hour will not be accepted regardless of post marked time on
the envelope.
8) Bids By Email And Fax. Email and Facsimile machine transmitted bids will not be accepted.
9) Error In Bids. When an error is made in extending total prices, the unit bid price will govern.
Otherwise, the bidder is not relieved from errors in bid preparation.
10) Withdrawal 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.
11) 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.
12) 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.
13) 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.
14) conditions. Bidders are responsible to become familiar with all conditions, instructions and
Specifications governing this bid. The bidder is responsible to visit a site if necessary and
its bid is based upon the knowledge of all information readily available at the site of such a
visit. once the bids have been opened, the failure to have read and understood all
conditions, Specifications and instructions shall not be cause to alter the original bid or to
request additional compensation. No extra compensation will be allowed the successful
bidder for failure to inform or familiarize itself prior to bidding.
5
15) 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.
1 5} Prices. Unit prices shall be shown for each unit on which there is a bid, and shall include all
packing, crating, freight, and shipping charges, and cost of unloading at the destination
unless otherwise stated in the bid.
Unit prices shall not include any local, state or federal taxes. The Village is exempt, by law,
from paying state and village retailer's occupation tax, service occupation tax, and federal
excise tax. The Village will supply the successful bidder with its tax exemption number.
Cash discounts will not be considered in determining overall price, but may be used in an
overall evaluation.
17) 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.
18) Award Or Rejection. The Village, at its sole discretion, reserves the right to reject any and
all bids or pans thereof, to waive any irregularities, technicalities and informalities, and to
award a bid in the best interests of the Village. Any bid submitted will be binding for ninety
(90) calendar days after the date of the bid opening.
Bidders shall make all investigations necessary to thoroughly inform themselves regarding
the equipment or supplies to be furnished in accordance with the bid. No plea of ignorance
by the bidder of conditions that exist or that may hereafter exist as a result of failure or
omission on the part of the bidder to make the necessary examinations and investigations
will be accepted as a basis for varying the requirements of the Village or the compensation
to the bidder.
Any bidder's exceptions to the terms or conditions, or deviations from the written
Specifications must be shown in writing and attached to the bid form. No verbal exceptions
or agreements with employees of the Village will be considered valid. Such exceptions or
deviations can be cause for rejection of the bid proposal. Any exceptions not taken by the
bidder shall be assumed by the Village to be included.
A contract will be awarded to the lowest responsible bidder complying with the conditions of
the bid documents only when it is in the best interest of the Village to accept the bid. The
Village shall be the sole judge of compliance with the Specifications.
19) other 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 Pro rietar . 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.
20) 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.
21) Bid Certification Form. All bid submittals must include a signed Bid certification Form
(copy attached) certifying non --collusion in the bid, and that the bidder is in compliance with
Sections 33E-3 and 33E-4 of the Illinois criminal Code regarding bid rotating and bid -
rigging, 720 I LCS 5133E-3, 33E-4, compliance with the Illinois Drug Free Workplace Act, 30
ILLS 580/1, et seq., and Substance Abuse Prevention in Public Works Projects Act, 820
ILLS 205/1 et seq., that it is not delinquent in the payment of taxes (55 I LCS 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 ILLS 512-105, as amended,
7
Sections 33E-3 and 33E-4 states that it is unlawful to participate in bid -rigging and/or bid
rotating. Therefore, all bidders must certify, under oath, that they are not barred from
bidding on the contract as a result of a violation of Sections 33E-3 and/or 33E-4, prohibiting
bid -rigging and bid rotation. Therefore, the Bid Certification Form must be notarized.
22) 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 Instructions to Bidders should be directed to:
Jeff Wulbecker
Village Engineer
Mount Prospect Public Works Department
1700 West Central Road
Mount Prospect, IL 60056
Phone: 847-870-5640
Email: jwulbecker@mountprospect.org
0
GENERAL CONDITIONS
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.
I
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, CECI, et al, latest revision.
The term "Subcontractor" shall mean any individual, firm or corporation other than the
contractor supplying labor, equipment, tools and materials for use in the work of the
contract.
The phrase "Substantial Performance" shall mean the date that the entire Project can be
used for the purposes for which it was intended, i.e., only punchlist items remain.
The phrase "Substantial Performance Date" shall mean the date that substantial
performance must be completed.
The term "Village" shall mean the Village of Mount Prospect, Illinois.
10
The terms "Village Manager" or "Manager" shall mean the Village Manager of the Village of
Mount Prospect, Illinois or his duly appointed representative.
The terms "Work" and "Project" are used interchangeably and shall mean the improvement
advertised for letting, described in the bid form, indicated on the plans, and covered in the
specifications and contract, and authorized alterations, extensions and deductions, including
labor, tools, equipment, materials and incidentals necessary for the satisfactory completion
of the project.
The term, 1/2 stick" shall mean one-half the standard length of pipe, typically this is seven
(7) feet.
2. Award 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 gid
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.
The Contract shall be substantially performed within forty-five (45) days after the
Notice to Proceed is effective (the Substantial Performance Date"). Substantial
Performance is when the entire Project can be used for the purposes for which it
was intended, i.e., only punchlist items remain.
ii. Final completion shall be within fourteen (14) 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. Liguidated Damages For Inexcusable Delay.
Time is of the essence. The contractor agrees that all work included in
connection with this project must be completed by the Final Performance Date,
or sooner, after receipt of Notice To Proceed. It is hereby acknowledged and
agreed by both parties that the damages to the Village are not readily
ascertainable but that the failure to timely complete this Work will materially and
significantly damage the safety and wellbeing of the Village, its staff and the
public, and that therefore a sum of $1,000.00 per day is a fair and reasonable
damage estimate to compensate the Village for any such delay. If the contractor
fails to fully complete the Work in that time, then and in this event, the Contractor
further expressly agrees that, for each day this Work and this contract shall
remain uncompleted after that date, the Village may deduct the sum of
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$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.
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 ILLS 50511 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.
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,
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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 to but not greater than one and
one-half'(1'/z) 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.
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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 I LCS 5133E-9.
p. Right of The Village To Terminate The Contract.
If the Contractor fails to begin the Work under the Contract within the time specified,
or fails to perform the Work in accordance with the terms of the approved schedule
or performs the Work in a manner unacceptable to the Village, or neglects or refuses
to remove materials or perform anew such Work as has been rejected by the Village,
or if the Contractor shall become insolvent or be declared bankrupt, or shall make an
assignment for the benefit of creditors, or from any other cause whatsoever shall fail
to carry on the Work in a manner required by the Contract, the Village shall 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, 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
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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.
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.
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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 -►Wray." 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.
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
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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.
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.
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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.
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,
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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 (211)
in diameter that are encountered in any construction process shall be cut cleanly with an
appropriate saw or pruning shear or other tool specifically designed for cutting wood.
Axes or other such chopping tools shall not be used. shovels or other tools designed for
digging shall not be used. contractor shall contact Forestry for a root inspection before
backfilling.
ATTACHMENTS TO TREES: No signs, placards or other objects may be nailed or
stapled to trees.
BRANCH REMOVAL: Tree branches shall not be cut, pruned or trimmed by the
Contractor. If parkway tree branches interfere with the Contractor's work, he should
contact the Forestry Division to request pruning. If Forestry deems the request
reasonable they will endeavor to promptly prune the branches at the Village's expense.
PENALTIES FOR TREE DAMAGE: Where limbs, trunks or roots of trees not approved
for removal are damaged, the Village shall determine Whether the tree can be repaired
or must be removed. Repairs may include, but are not strictly limited to, pruning of
broken limbs, removal of loose bark and proper shaping of wounds, thinning of the
crown to compensate for root loss, fertilization, straightening and staking.
Repairs shall be performed by the Village. The cost of such repairs shall be paid for by
the contractor to the Village, using rates listed in the current edition of the Village's
Equipment and Labor Rate 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 4-112 feet above the ground, by the rate of
$1 5o.gglinch.
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
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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- 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 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 fourteen (14) days advance written notice will be given to the Village
before any policy covered thereby is changed or canceled.
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Insurance coverage shall be in the following minimum amounts:
Workers compensation
Employee claims Statutory for Illinois
Employers Liability $1,000,000 per accident
c. Indemnification. The Contractor shall indemnify and save harmless the Village, its
officers and employees from any and all liability, losses or damages, including attorney's
fees and costs of defense, the Village may suffer as a result of claims, demands, suits,
actions or proceedings of any kind or nature, including workers' compensation claims, in
any way resulting from or arising out of the operations of the contractor under the
Contract, including operations of subcontractors; and the contractor shall, at his own
expense, appear, defend, and pay all fees of attorneys and all costs and other expenses
arising therefrom or incurred in connection therewith; and, if any judgments shall be
rendered against the Village in any such action, the contractor shall, at his own
expense, satisfy and discharge same. The contractor expressly understands and
agrees that any bonds, letters of credit or insurance protection required by the contract,
or otherwise provided by the Contractor, shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the Village as herein provided.
Contractor agrees to defend and hold harmless the Village from and against all
demands, claims, suits, costs, expenses, damages and adjustments based upon any
infringement of any patent relating to goods specified in the contract, and on account of
the Village's use of any copyrighted or uncopyrighted, composition, trade secrets, secret
process, proprietary rights, patented of unpatented invention, article or appliance
furnished or used under the bid Specifications.
5. 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 Reaulations: 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
21
Limit/
Limit/
Type of Insurance
Ea. occurrence
Aggregate
General Liability
Bodily Injury
$1,000,000
$3,0007000
Property Damage
$1)0007000
$3,000,000
Contractual Ins.
$1 ,0002000
$310007000
Automobile Liability
Bodily Injury
$1,000,000
$130001000
Property Damage
$1 1000,000
$1)0001000
Workers compensation
Employee claims Statutory for Illinois
Employers Liability $1,000,000 per accident
c. Indemnification. The Contractor shall indemnify and save harmless the Village, its
officers and employees from any and all liability, losses or damages, including attorney's
fees and costs of defense, the Village may suffer as a result of claims, demands, suits,
actions or proceedings of any kind or nature, including workers' compensation claims, in
any way resulting from or arising out of the operations of the contractor under the
Contract, including operations of subcontractors; and the contractor shall, at his own
expense, appear, defend, and pay all fees of attorneys and all costs and other expenses
arising therefrom or incurred in connection therewith; and, if any judgments shall be
rendered against the Village in any such action, the contractor shall, at his own
expense, satisfy and discharge same. The contractor expressly understands and
agrees that any bonds, letters of credit or insurance protection required by the contract,
or otherwise provided by the Contractor, shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the Village as herein provided.
Contractor agrees to defend and hold harmless the Village from and against all
demands, claims, suits, costs, expenses, damages and adjustments based upon any
infringement of any patent relating to goods specified in the contract, and on account of
the Village's use of any copyrighted or uncopyrighted, composition, trade secrets, secret
process, proprietary rights, patented of unpatented invention, article or appliance
furnished or used under the bid Specifications.
5. 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 Reaulations: 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
21
indemnify and save harmless the owner, its officers, agents, and employees against any
claim or liability arising from or based on his violation of any law, ordinance, regulation,
decree or order.
The bidder and contractor, as successful bidder, shall comply with all applicable state,
federal and local laws, including, but not limited to the following:
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 5133E-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 20511 et seq.
vi. Non -Discrimination. The Contractor will comply with the Illinois Public Works
Employment Discrimination Act (775 ILCS 10/1, et seq.)
vii. Equal Employment Opportunity. The Contractor will comply with Article 2 of the
Illinois Human Rights Act (775 ILCS 512-101, 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
22
underutilized and will take appropriate affirmative action to rectify any
underutilization.
2) That, if he or she hires additional employees in order to perform this
contract or any portion of this contract, he or she will determine the availability
(in accordance with this Part) of minorities and women in the areas from which
he or she may reasonably recruit and he or she will hire for each job
classification for which employees are hired in a way that minorities and
women are not underutilized.
3) That, in all solicitations or advertisements for employees placed by him or
her or on his or her behalf, he or she will state that all applicants will be
afforded equal opportunity without discrimination because of race, color,
religion, sex, sexual orientation, marital status, order of protection status,
national origin or ancestry, citizenship status, age, physical or mental disability
unrelated to ability, military status or an unfavorable discharge from military
service.
4) That he or she will send to each labor organization or representative of
workers with which he or she has or is bound by a collective bargaining or
other agreement or understanding, a notice advising the labor organization or
representative of the contractor's obligations under the Act and this Part. If
any labor organization or representative fails or refuses to cooperate with the
contractor in his or her efforts to comply with the Act and this Part, the
contractor will promptly notify the Department and the contracting agency and
will recruit employees from other sources when necessary to fulfill its
obligations under the contract.
5) That he or she will submit reports as required by this Part, furnish all
relevant information as may from time to time be requested by the Department
or the contracting agency, and in all respects comply with the Act and this
Part.
6) That he or she will permit access to all relevant books, records, accounts
and work sites by personnel of the contracting agency and the Department for
purposes of investigation to ascertain compliance with the Act and the
Department's Rules and Regulations.
7) That he or she will include verbatim or by reference the provisions of this
clause in every subcontract awarded under which any portion of the contract
obligations are undertaken or assumed, so that the provisions will be binding
upon the subcontractor. In the same manner as with other provisions of this
contract, the contractor will be liable for compliance with applicable provisions
of this clause by subcontractors; and further it will promptly notify the
contracting agency and the Department in the event any subcontractor fails or
refuses to comply with the provisions. In addition, the contractor will not utilize
any subcontractor declared by the Illinois Human Rights commission to be
ineligible for contracts or subcontracts with the State of Illinois or any of its
political subdivisions or municipal corporations. Title 44, Part 750, Section
750, APPENDIX A, Illinois Administrative Code,
viii. PREVAILING WAGE. This contract calls for the construction of a "public work"
within the meaning of the Illinois Prevailing Wage Act, 820 I LCS 13011, et seq.,
as amended (the "Act"). The Contractor and all subcontractors are required to
pay wage rates in accordance with the Act to all laborers, workers and
mechanics. The Village has adopted the prevailing wages as determined by the
Illinois Department of Labor ("IDOL") for cook county. The prevailing rate of
wages is revised by the IDOL and is available on the IDOL website,
23
www.state.il-us/agenc/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 13011 et. seq.
Contractor shall comply with all applicable provisions of the Prevailing Wage Act,
including, but not limited to, the requirements of Section 5 of the Prevailing Wage
Act, 820 ILCS 130/5. The Contractor, and all Subcontractors and Sub -
Subcontractors participating on the Project, shall make and keep those records
required under Section 5 of the Prevailing Wage Act in paper or electronic
format. In conformance with the Act, each contractor and subcontractor, or other
entity performing work on the project, shall maintain records of all laborers,
mechanics and other workers employed by them on the project, including the
following information on each worker: (1) name; (2) address; (3) telephone
number when available; (4) social security number; (5) classification or
classifications; (6) gross and net wages paid in each pay period; (7) number of
hours worked each day; (8) starting and ending times of each day; (9) hourly
wage rate; (10) hourly overtime wage rate; (11) hourly fringe benefit rates; (12)
the name and address of each fringe benefit fund; (13) the plan sponsor of each
fringe benefit, if applicable; and (14) the plan administrator of each fringe benefit,
if applicable. These records shall be kept by the participating contractor and
subcontractor for a period of not less than five (5) years from the date of last
payment on the contract or subcontract. No later than the 15t" 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
24
(including but not limited to, attorney's fees, other professional fees, court costs
and/or arbitration or other dispute resolution costs) arising out of or relating to its
failure to provide public records to the Village of Mount Prospect under the
contract.
6. 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 productMlork embraced in the contract by the Village or the
Public shall constitute an acceptance of work not done in accordance With the contract,
or relieve the contractor of liability in respect to any express warranties or responsibility
for failure to comply with the terms of those contract documents.
Unless otherwise expressly provided in the Specifications, in the event any defects or
imperfections in the materials or workmanship to be furnished by the contractor herein
appear within the period of two (2) years from the date of completion of all the Work and
acceptance thereof by the Village, the contractor will, upon notice from said Village
(which notice may be given by letter to said contractor to the business address of the
contractor shown in the proposal), repair and make good at his own cost any such
defects or imperfections and replace any defective or imperfect materials or
workmanship with other materials or workmanship satisfactory to said Village, and
furnish all such new materials and labor as may be necessary to do so; and in the event
of the failure, refusal or delay of said workmanship or materials said Village may do so or
have same done by others, and said contractor and surety or sureties on the bonds
given for the faithful performance of the contract shall be liable to the Village for all
damages and expenses occasioned by such failure, refusal or delay. All details of
warranties shall be included with the bid. Warranty work shall be at no additional
expense to the Village.
Manufacturer warranties and guaranties shall be submitted with the bid and shall be
considered a part of the contract Where such specifications meet the minimum bid
Specifications.
7. 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.
25
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
SPECIAL PROVISIONS
6". 8" SOLID PVC SDR 26
Description:
This work shall consist of the installation of polyvinyl chloride pipe (PVC) of the size and wall
thicknesses specified on the plans, and as specified in Section 1040.03 (a) of the Standard
Specifications for Road and Bridge Construction.
Construction Methods:
Installation shall conform to Section 601 of the Standard Specifications for Road and Bridge
Construction. All fittings shall be of the same material. This work shall include connections to the
receiving storm sewer, new structure, or existing structure. All connections to existing structures
shall be cored, and shall include a rubber boot seal.
Basis of Payment:
This work will be paid for at the contract unit price per foot for 6" or 8" SOLID PVC SDR 26. This
price shall include all labor, material (including fittings), and equipment to complete this item and
make any necessary connections.
6" SOLID PVC SDR 21 CLASS 208 DIRECTIONAL BORE
Description:
This work shall consist of the installation of polyvinyl chloride pipe (PVC) of the size and wall
thicknesses specified on the plans by means of directional bore.
Construction Methods:
Installation shall be done using the directional boring method. All fittings shall be of the same
material. This work shall include connections to the receiving storm sewer, new structure, or
existing structure. All connections to existing structures shall be cored, and shall include a rubber
boot seal.
Basis of Payment:
This work will be paid for at the contract unit price per foot for 6" SOLID PVC SDR 21 (CLASS 200)
(DIRECTIONAL BORE). This price shall include all labor, material (including fittings), and
equipment to complete this item and make any necessary connections.
6" PERFORATED PVC UNDERDRAIN
Description:
This work shall consist of the installation of perforated polyvinyl chloride pipe (PVC) of the size
specified on the plans, and as specified in Section 1040.03 (b) of the Standard Specifications for
Road and Bridge Construction. All perforated pipe shall be encased in geotextile filter fabric
conforming to Material Specification No. 592 of the Illinois Urban Manual. The perforated
underdrain shall be bedded, and the trench backfilled with X�" mashed stone to a depth of 6" below
the finished grade.
Construction Methods:
All installation shall conform to Section 601 of the Standard Specifications for Road and Bridge
Construction, and the UNDERDRAIN DETAIL included in these specifications.
2�
Basis of Payment:
This work will be paid for at the contract unit price per foot for 6" PERFORATED PVC
UNDERDRAIN. This price shall include all labor, material (including the geotextile filter fabric and
Y2" washed stone), and equipment to complete this item.
8" SOLID PVC SDR 21 (CLASS 288
Description:
This work shall consist of the installation of polyvinyl chloride pipe (PVC) of the size and wall
thicknesses specified on the plans, and as specified in Section 1040.03 (a) of the Standard
Specifications for Road and Bridge Construction.
Construction Methods:
Installation shall conform to Section 601 of the Standard Specifications for Road and Bridge
Construction. All fittings shall be of the same material. This work shall include connections to the
receiving storm sewer, new structure, or existing structure. All connections to existing structures
shall be cored, and shall include a rubber boot seal.
Basis of Payment:
This work will be paid for at the contract unit price per foot for 8" SOLID PVC SDR 21 (CLASS
200). This price shall include all labor, material (including fittings), and equipment to complete this
item and make any necessary connections.
TRENCH BACKFILL
Description:
This work shall consist of furnishing aggregate for all trenches where the inner edge of the trench is
within 2' of pavement, curb, gutter, or sidewalk. This work also includes the disposal of any excess
material replaced by the trench backfill.
Construction Methods:
The work shall be done in accordance with Section 208 of the "Standard Specifications for Road
and Bridge Construction". All trench backfill material shall conform to CA -6 gradation as defined in
Section 1 004 of the Standard Specifications for Road and Bridge Construction. The trench backfill
shall be placed in 9" lifts, and mechanically compacted.
Basis of Payment.
This work will be paid for at the contract unit price per cubic yard for TRENCH BACKFILL. This
price shall include all labor, material, and equipment to complete this item.
CATCH BASIN (48" DIA.)
Description:
This work shall consist of installing precast concrete catch basins with frames and lids at locations
specified on the plans.
Construction Methods:
All installation shall conform to Section 602 of the Standard Specifications for Road and Bridge
Construction. Eccentric cone sections shall be installed, except where such installation would
cause the pipe(s) to connect to the catch basin through the cone section. In such cases a precast
concrete flat slab top shall be installed.
28
Basis of Payment.
This work will be paid for at the contract unit price per each CATCH BASIN (48" DIA.). This price
shall include all labor, material, and equipment to complete this item.
12" AREA DRAIN W/ DOME OR FLAT GRATE
Description:
This work shall consist of the installation of a 12" round drain basin and grate manufactured by
Nyloplast, a division of ADS, Inc., and shall include a dome or flat type grate as specified on the
plan (Nyloplast H-10 dome grate or H-20 grate) or approved equal.
Construction Methods:
All installation shall conform to the manufacturer's instructions.
Basis of Payment:
This work will be paid for at the contract unit price per each 12" AREA DRAIN W/ DOME or FLAT
ORATE. This price shall include all labor, material, and equipment to complete this item.
V ;U1-11 110 to] 16,
Description:
This work shall consist of constructing and installing a restrictor in the downstream side of the catch
basins indicated on the plans.
Construction Methods:
The construction and installation shall conform to the CATCH BASIN WITH RESTRI CTOR DETAIL
included with these specifications.
Basis of Payment:
This work will be paid for at the contract unit price per each RESTRICTOR. This price shall include
all labor, material, and equipment to complete this item.
P.C.C. SIDEWALK REMOVAL & REPLACEMENT
Description:
This work shall consist of the removal of existing sidewalk and the construction of new portland
cement concrete (PCC) sidewalk, 5" minimum thickness.
Construction Methods:
The work shall be done in accordance with Sections 424 and 440 of the "Standard Specifications
for Road and Bridge Construction". At locations specified by the Engineer, existing concrete
sidewalks will be removed and disposed of by the Contractor. The limits of removal will be marked
by the Engineer. The sidewalk will be 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. This work
shall also include any additional excavation required to meet the base elevation of the proposed
sidewalk.
At locations where unsuitable base course materials are encountered, the materials shall be
removed to a depth as specified by the Engineer. Aggregate base course material shall be used
29
and compacted to adjust the base course to the proper elevation. The excavation and aggregate
base course material shall be considered incidental to this item.
Expansion joints 1/2 inch thick shall be placed between the sidewalk and all structures such as b -
boxes, manholes, light standards, traffic light standards, and traffic poles which extend through the
sidewalk. The b -boxes must be inspected and made operational, if required, by the Village
prior to placing the concrete.
Basis of Payment.
This work will be paid for at the contract unit price per square foot for P.C.C. SIDEWALK
REMOVAL & REPLACEMENT. This price shall include the cost for excavating to the proper base
elevation, disposal of excavated material, furnishing and placing aggregate base course material
where necessary, compaction of the base course, the concrete mixture, the expansion joint filler,
and all other labor, materials, and equipment to complete this item.
COMBINATION CONCRETE CURB & GUTTER REMOVAL & REPLACEMENT
Description:
This work shall consist of the removal of designated existing curb and gutter and installation of new
curb and gutter.
Construction Methods:
The work shall be done in accordance with Sections 440 and 000 of the "Standard Specifications
for Road and Bridge Construction". The Contractor will saw -cut a clean joint between the portion of
curb and gutter to be removed and that which is to remain. If the Contractor removes or damages
the existing curb and gutter outside the limits designated by the Engineer for removal and
replacement, he will be required to remove and replace that portion at his own expense.
Basis of Payment:
This work will be paid for at the contract unit price per foot for COMBINATION CONCRETE CURB
& GUTTER REMOVAL & REPLACEMENT. This price shall include all labor, material and
equipment necessary to remove and replace the Curb and Gutter including all saw -cutting. This
item will include any type of curb and gutter encountered, including but not limited to barrier curb,
mountable curb, depressed curb, and integral curb and gutter.
CLASS D PATCH. TYPE 2.3
Description:
This work shall consist of the removal and satisfactory disposal of existing pavement and
construction of a pavement patch as shown on the plans.
Construction Methods:
The pavement to be removed shall be disposed of by the Contractor. The limits of the removal
shall be marked by the Engineer; any pavement outside the area limits of removal damaged during
construction shall be removed and replaced at the Contractor's expense.
The Contractor shall constructed the pavement patch in accordance with Section 442 of the
Standard Specifications for Road and Bridge Construction insofar as applicable.
Basis of Payment:
This work will be paid for at the contract unit price per square yard of CLASS D PATCH, of the
TYPE specified. This price shall include all labor, material, and equipment to complete this item.
30
P.C.C. DRIVEWAY APRON REMOVAL & REPLACEMENT
Description:
This work shall consist of the removal and satisfactory disposal of existing concrete driveway
aprons disturbed during draintile installation as indicated on the plans. This work shall also consist
of the construction of new concrete driveway aprons as shown on the plans.
Construction Methods:
The concrete or asphalt driveway aprons to be removed shall be disposed of by the Contractor.
The limits of the removal shall be marked by the Engineer; any pavement outside the area limits of
removal damaged during construction shall be removed and replaced at the contractor's expense.
The Contractor shall construct 5" Portland Cement Concrete driveway apron in accordance with
Section 420 of the Standard Specifications for Road and Bridge Construction insofar as applicable.
If directed by the Engineer, the Contractor shall remove a depth of the existing base and replace it
with compacted aggregate base course, CA -5 gradation as defined in Section 1004 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 of P.C.C. DRIVEWAY APRON
REMOVAL & REPLACEMENT. This price shall include all labor, material, and equipment to
complete this item.
TOPSOIL FURNISH & PLACE
Description:
This work shall consist of furnishing and placing topsoil at locations where sod is to be installed as
determined by the Engineer.
Construction Methods:
The work shall be done in accordance with Sections 211 of the "Standard Specifications for Road
and Bridge Construction".
Basis of Payment.
This work will be paid for at the contract unit price per square yard for TOPSOIL FURNISH &
PLACE. This price shall include all labor, material, and equipment to complete this item.
SODDING, SPECIAL
Description:
This work shall consist of furnishing and placing sod at locations as determined by the Engineer.
Construction Methods:
The work shall be done in accordance with Sections 252 of the "Standard Specifications for Road
and Bridge Construction".
Basis of Payment:
This work will be paid for at the contract unit price per square yard for SODDING SPECIAL. This
price shall include all labor, material, and equipment to complete this item and all the required
watering.
31
RAIN GARDEN SOIL FURNISH & PLACE
Description:
This work will consist of furnishing and placing rain garden soil mix in the rain garden areas
designated on the plans.
Construction Methods:
The rain garden soil mix shall consist of 50% sand, 25% top soil and 15% compost or peat moss.
The rain garden soil mix must be mixed offsite, and certified by the Contractor and inspected by the
Village prior to placement.
Basis of Payment:
This work will be paid for at the contract unit price per cubic yard for RAIN GARDEN SOIL
FURNISH & PLACE. This price shall include all labor, material, and equipment to complete this
item.
32
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 847-870-5540.
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.
33
Bid Form Page I
BID FORM
2018 Backyard Drainage Program
Village of Mount Prospect
Department of Public Works
S, 0", j .. -
(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: "2018 Backyard Drainage Program"
The bidders have familiarized themselves with the work and probable work conditions required
under this Bid affecting the cost of the work and with the Bid Documents which include:
Notice to Bidders
Table of Contents
Instructions for Bidders
General Conditions and Special Provisions
Specifications
Bid Form
Affidavit — Bid Certification Form
Bid Security
Bid Sheet
Other materials or standards provided or noted by the Village
Contract Document
Performance Bond Form
Labor and Materials Payment Bond Form
Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel, labor,
materials, tools appurtenances, equipment, and services (including all utility and transportation
services) required to construct and complete the Work, all in accordance with the above listed
documents.
Bidder agrees to perform all of the Work and provide the equipment and materials described in
the Bid Documents, as follows:
Bidder has bid on all items and has provided a price for all items.
The Bidder acknowledges that it is responsible for verification of all pipe sizes and depths prior
to the ordering of materials.
The Bidder will complete and provide all labor, equipment, materials and mobilization (if
applicable) to perform the Work as incidental to the fixed item price for each item proposed.
35
Bid Form Page 2
In submitting this bid, the Bidder understands that the Village of Mount Prospect reserves the
right to add to or subtract from the estimated quantities.
The Village of Mount Prospect intends to award one (1) contract (if at all) for the items bid. If
written notice of award of this bid is mailed, emailed or otherwise delivered to the Bidder at any
time before this bid is withdrawn, the Bidder agrees to execute and deliver the contract in the
prescribed form and furnish payment and performance bonds, or letter of credit, and the
insurance certificates required by the Bid Documents to the Village within ten (10) days after
receipt.
The Bidder, and as successful bidder/Contractor upon award of the Contract understands and
agrees to the following:
1) The Contractor agrees to provide all Work and items and material to the Village as noted in
the Bid Documents and comply with the requirements of the Bid Documents.
2) The Contractor agrees to comply with all applicable state and federal laws, rules and
regulations, and county and municipal ordinances, as described in the General Conditions.
All Addenda pertaining to this project shall be acknowledged by the Bidder in the spaces
provided below:
Addendum
No.
Addendum
Date
Acknowledgement by Bidder or
Authorized Representative
Date
Acknowledged
Failure to acknowledge receipt, as provided above, may be considered sufficient grounds for
disqualification of the bidder and rejection of his/her bid submittal. A record of all Addenda and
copies of same will be available to all qualified bidders from the Village of Mount Prospect
Public Works Department, 1700 West Central Road, Mount Prospect, Illinois two (2) days prior
to the letting. It shall be the bidder's responsibility to become fully advised of all Addenda prior
to submitting its bid.
Upon award the contract the Village will send Notice of Award to the successful bidder, The
bidder must then execute the contract and provide the required bonds or letter of credit and
certificate of insurance to the Village within ten (10) days. The Village will then issue a written
Notice to Proceed, which starts the performance period and the contractor then has ten (10)
days to commence work. The contractor shall reach substantial performance within fourteen
1'14) consecutive calendar days before final completion. Final completion shall be f rte
five (45) consecutive calendar days after the Notice to Proceed has been issued. Failure to
complete the work in the designated time frame may result in the Director of Public Works
withholding compensation due the contractor for failure to complete the said work in the
designated time frame, calling the bonds, or taking such other action as may be available.
36
Bid Form Page 3
5ecur* y in the sum of ten (10%) percent of the amount bid in form of (check one):
Bid Bond Certified Check Bank Cashier's check
is attached hereto in accordance with the "Instructions for Bidders".
This Bid Submittal contains the following:
1) Bid Form
2) Affidavit —Bid Certification Form
3) Bid Security
3) Bid Sheet (s)
Respectfully submitted:
10F1i
02
Title:
Date:
Contact Information:
Official Address. 1140 bA � W,+ I V
37
VILLAGE OF MOUNT PROSPECT
AFFIDAVIT -- BID CERTIFICATION FORM
Bidder:
Company/Firm Name: M 0i �i�A VVI� LAs'rl�l1�'1�'VI
Address:
As a condition of entering into a contract with the Village of Mount Prospect, and under oath and
p natty of p Y.Pury and possible termination of contract rights and debarment, the undersigned,
KA6&%IlAtbeing first duly sworn on oath, deposes and states that he or
she is
President, Secretary, etc.) of
authority to make all
(Name of Company)
certifications required by this affidavit.
Section I Non Collusion
(sole ower, partner, joint ventured,
,6 M , . G and has the
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 Wigging and Rotatin
The undersigned further states that _ M -A 4A ►M PA) Y► r,.fia(/i1 0A
(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 I LCS 5133E-3, 33E--4.
Section Ill
Drug Free Workplace
The undersigned further states that 9A.(kAVVXty)MAt,�V��
(Name of Company) I -
provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 I LCS 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 I LCS 28511 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 t4a4arM, N VIY��VA W., is
(Mame of Company)
not delinquent in payment of any taxes to the Illinois Department of Revenue, in accordance
with Illinois Compiled Statues, 55 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.
38
Page 2 - AFFIDAVIT — BID CERTIFICATION FORM
Section V Sexual Harassment Polic
Pursuant to Section 2w105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A), every party to a
public contract must:
"Have written sexual harassment policies that shall include, at a mini -mum, the following
information: (I) the illegality of sexual harassment; (11) the definition of sexual harassment under
State law; (111) a description of sexual harassment, utilizing examples; (IV) the vendor's internal
complaint process including penalties; (V) the legal recourse, investigative and complaint
process available through the Department (of Human Rights) and the Commission (Human
Rights commission); (VI) directions on how to contact the Department and Commission; and
(VII) protection against retaliation as provided by Section 6-101 of the Act. (Illinois Human
Rights Act) ."
A "public contract" includes: ...every contract to which the State, any of its political subdivisions
or any municipal corporation is a party." 775 ILCS 511-103 (M) (2002),
0<1
The undersigned further states that _M A&A vv,..- 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 th t all i fo ation contained in this Affidavit is true and correct.
Signed by: Title:
Sig
Name Printed: � i1 VI PiY-I" I U,'rVv va-,5
Signed and sworn to before me this � day of QUI, VI,Q_ , 20
My commission expires:
C/,
ary Public
.�v
OFFICIAL SEAL
ELIZABETH ADERTON
NOTARY PUBLIC, STATS OF ILLINOIS
MY COMMISSION EXPIRES 01/20/20
39
BID SECURITY
Included with this bid is a bank Cashier's check, certified check or bid bond in the amount of
, being ten percent (10%) of the total amount bid by
, the Bidder, in favor of the Village of Mount Prospect. It is hereby
agreed that, should Bidder be awarded the Work contemplated under this bid and fail or refuse
to execute a contract for said Work, or to provide the required payment and performance bonds,
or letter of credit, and certificate of insurance, then this security, in the amount stipulated above,
shall be forfeited and may be retained by the Village of Mount Prospect as liquidated damages
and not as a penalty. All bids to remain firm for a period of ninety (90) days after bid opening
date.
SUBMITTED THIS
SEAL (if corporation)
DAY OF , 20
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
40
BID SHEET
"2818 Backyard Drainage Program"
(TO BE FILLED OUT BY THE CONTRACTOR/BIDDER)
The Bidder will complete pricing for all items (# 1-17) to provide all labor, equipment, materials and
mobilization (if applicable) to perform this work. The fixed item price given is to be all inclusive.
ITEM
No.
DESCRIPTION
UNIT
QUANTITY
UNIT
PRICE
TOTAL
1
6" Solid PVC SDR 26
Foot
604
�
0 Q �
2
6" Solid PVC SDR 21 (Class 200) (directional
bore)
Foot
550
-i
``�
3
6" Perforated PVC U nderdrain
Foot
40
2
4
8" Solid PVC SDR 26
Foot
40
1 7
5
8" Solid PVC SDR 21 (Class 200)
Foot
20
j
5
Trench Backfill
CuYd
48
3j 2,
7
Catch Basin (48" dia.)
Each
3
�.
gao,
8
12" Area Drain wl Dome or Flat Grate
Each
6
�.
YX ,
9
Restrictor
Each
3
10
P.C.C. Sidewalk Removal & Replacement
SgFt
150
0—
74 0
11
Combination Concrete Curb & Gutter
Removal & Repalcement
Foot
45
4
4 ?a
12
Class D Patch, Type 2
SgYd
24
13
Class D Patch, Type 3
SgYd
18
J
ao
14
P.C.C. Driveway Apron Removal &
Replacement
S Yd
q
42
�-
, 9V
15
Topsoil Furnish & Place
SgYd
733
](Zv. cjm
16
Sodding, Special
SgYd
733
4
0 6,9
17
Rain Garden Soil Furnish & Place
CuYd
27
190
TOTAL FOR ITEMS 1-17)
ag�-, ('�-V
41
CONTRACT
THIS Contract (hereinafter the "Contract") is entered into on this ' day of , 2018, by and
between the VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation (hereinafter
the "Village"), and , a Corporation (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 2018 Backyard Drainage
Program; and
WHEREAS, the Contractor submitted a bid to perform the Work associated with the 2018
Backyard Drainage Program (hereinafter the "Bid"); and
WHEREAS, upon its review of the submitted bids, the Village has awarded the contract
to perform the work associated With the 2018 Backyard Drainage Program to the Contractor,
subject to the execution of this Contract;
NOW, THEREFORE, for and in consideration of their mutual promises, covenants,
undertakings and agreements, the parties agree as follows:
ARTICLE I — CONTRACT DOCUMENTS
This Contract is subject to the terms and conditions set forth in the Contract Documents, which
are incorporated herein as if fully set forth, and include the following Bid Documents With
Bidder's/Contractor's Bid Submittals prioritized to be included in number 0*:
1. Notice to Bidders
2. Table of Contents
3. Instructions to Bidders
4. General Conditions and Special Provisions
5. Specifications
5. 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
0. Applicable performance and labor and materials payment bonds, or letter of credit.
(Collectively the "Contact Documents")
ARTICLE 11 — PERFORMANCE BY CONTRACTOR
1. The Contractor agrees to perform the work, including all labor, materials, equipment and
services, in accordance with the terms and conditions set forth in the Contract
Documents (hereinafter the "Work"}.
2. The Contractor acknowledges that the Village reserves the right to add to or subtract
from the estimated quantities.
3. The Contractor certifies that it Will comply with all state and federal laws and regulations,
and county and municipal ordinances, as set forth in the General Conditions.
43
ARTICLE III — PERFORMANCE BY VILLAGE
The Village agrees to pay the Contractor for its performance of the Work in the manner and
amount provided in the Contract Documents.
ARTICLE IV - CONFLICT BETWEEN CONTRACT DOCUMENTS
In the event of a conflict between any Contract Document and the terms of this Contract, the
Contract shall control to the extent of the conflict. In the event of any other conflict between
Contract Documents, the preceding Document shall govern to the extent of the conflict based
upon the order of priority set forth in Article I of this Contract, unless otherwise specifically
stated.
ARTICLE V — COMMENCEMENT AND COMPLETION OF WORK
After the written Notice to Proceed is issued by the Village, which will start the performance
period, the Contractor then has 10 days to commence work. The Contractor shall achieved
substantial performance within fourteen (14) consecutive calendar days before final completion.
Final completion shall be forty-five (45) consecutive calendar days after the Notice to Proceed
has been issued.
The Contractor shall commence performance of the Work and complete performance of the
Work, in accordance with the schedule set forth in the Contract Documents, but in no event
shall any Work be performed prior to the Village's receipt of this Contract, executed by
Contractor, and the Village's acceptance and approval of the payment and performance bonds,
or letter of credit, and certificate of insurance required by the Contract Documents.
ARTICLE V — NOTICE
Unless otherwise provided, all notices required under this Contract shall be made in writing and
addressed or delivered as follows:
TO THE VILLAGE OF MOUNT PROSPECT -
The Village of Mount Prospect
1 700 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
44
in a manner unacceptable to the Village, or neglects or refuses to remove materials or perform
anew such Work as has been rejected by the Village, or if the Contractor shall become insolvent
or be declared bankrupt, or shall make an assignment for the benefit of creditors, or from any
other cause whatsoever shall fail to carry on the Work in a manner required by the Contract, the
Village shall give notice as hereinafter provided to the Contractor and its surety in writing
specifying such failure, delay, neglect, refusal or default, and if the Contractor, within a period of
ten (10) calendar days after the giving of such notice, shall not proceed in accordance therewith,
then the Village shall have full power and authority to declare the this Contract and the
Contractor in default, and to forfeit the rights of the Contractor in this Contract.
Upon declaration of contractor's default, the Village may, at its option, call upon the surety to
complete the Work in accordance with the terms of this Contract or may take over the Work,
including any materials on the Work site as may be suitable and acceptable to the Village and
may complete the Work by its own forces or on its own account, or may enter into a new
contract or contracts for the completion of the Work, or may use such other methods as shall be
required for the completion of the Work in an acceptable manner as the Village may in its
discretion determine.
All costs and charges incurred by the Village, together with the cost of completing the Work
shall be deducted from any moneys due or which may become due on this to the Contractor
under this Contract. Following any payment due and received by the Village from the
Contractor's surety following default, if the expense so incurred by the Village is less than the
sum paid to the Village by the surety under this Contract for work remaining, the surety shall be
entitled to receive the excess difference paid to the Village. When such Contractor default
costs incurred by the Village exceeds the sum paid to the Village for the work remaining under
the Contract the Contractor and the surety shall be liable and shall pay to the Village the full
cost of such additional expenses.
ARTICLE Vill - DEFAULT BY VILLAGE
In the event of a material default by the Village under this Contract, the Village shall have sixty
(60) days, from notice thereof by Contractor, to cure the default prior to Contractor's termination
of this Contract. The failure to pay a contested invoice shall not be considered a material
default. Upon termination, the Village shall be responsible to pay any uncontested payments
due for work performed.
ARTICLE IX — VENUE
The parties hereto agree that for purposes of any lawsuit(s) between them concerning this
Agreement, its enforcement, or the subject matter thereof, venue shall be in Cook County,
Illinois, and the laws of the State of Illinois shall govern the cause of action.
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.
45
ARTICLE XIII - DISPUTE RESOLUTION
Should a dispute arise between the Village and the Contractor as to the terms and conditions of
the Contract, or the responsibilities, limitations, or working relations of either Party, the
designated project personnel will make every reasonable effort to resolve the difference in
accordance with the terms and conditions of the Contract. If a dispute continues despite these
efforts, it shall be referred to the Parties' Project Managers.
If the above action fails to resolve the dispute, the Parties may, by agreement, elect to resolve
the dispute through a mediation process. Each Party shall bear its own costs in preparing and
conducting mediation, except that the costs, if any, of the actual mediation proceeding shall be
shared equally by the Parties. The mediation process is defined as follows:
The Parties shall select a mutually agreeable mediator from American Arbitration Association
lists or any other agreeable list to aid the Parties in resolving the dispute. The mediator shall
not be an employee or former employee of either Party. The first meeting shall be held at a
location chosen by the Village. At the meetings, each Party may present materials and/or
arguments to the mediator. The mediator's decision shall be not be binding upon either Party.
In the event that the foregoing steps fail to resolve the dispute, either Party may bring suit in the
Circuit Court of Cook County, Illinois.
ARTICLE XIV - ASSIGNMENT
No rights or interest in this Contract may be assigned by Contractor without prior written notice
being provided by Contractor to the Village and the Village's written approval. The Village shall
not unreasonably withhold its approval of such assignment. In the event of an assignment, the
Contractor shall not be relieved of its obligations under the Contract unless agreed to by the
Village, at its sole discretion.
ARTICLE XV - RECRUITING
The Parties shall not, without the consent of the other Party, entice, encourage, offer special
inducements, or otherwise recruit employees of the other Party during the period of this
Contract and for a period of one (1) year thereafter. This clause is not intended to restrict any
individual's right of employment but rather is intended to preserve the relationship intended
under this Contract and to prevent the Parties from actively recruiting the employees of the
other Party.
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.
46
ARTICLE XXI - CAPTIONS; HEADINGS
The paragraph headings which appear herein are included solely for convenience and shall not
be used in the interpretation of this Contract.
ARTICLE XXII — ENTIRE AGREEMENT
This contract, consisting of the Contract Documents, constitutes the entire agreement between
the Parties for the subject matter hereof and supersedes all prior arrangements, agreements,
representations and undertakings, written or oral. This Contract may not be changed or modified
except by a written instrument duly executed by each of the Parties hereto.
IN WITNESS WHEREOF, the Parties hereto have executed this Contract.
Contractor: VILLAGE OF MOUNT PROSPECT
By:
Title:
Date:
ATTEST:
Title:
Date:
47
By:
Title:
Date:
ATTEST:
Title:
Date:
VILLAGE OF MOUNT PROSPECT
LABOR AND MATERIAL PAYMENT BOND
Principal Amount:
Contract:
KNOWN ALL MEN BY THESE PRESENTS, that the Village of Mount Prospect, an
Illinois municipal corporation (hereinafter "Village"), has awarded to
, as Principal (hereinafter "Contractor"), a written
agreement with the Village dated , (hereinafter "Contract"), for the 2018
BACKYARD DRAINAGE PROGRAM in accordance with the drawings and specifications
prepared by: VILLAGE OF MOUNT PROSPECT (Village of Mount Prospect or
arch itectlengineer), 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 `Nage Act, 820 ILCS 130/1 et seq., and for all material used
or reasonably required for use in the performance of the Contract, and all duly authorized
modifications, alterations, changes or additions to said Contract as may hereafter be made, then
this obligation shall be null and void; otherwise it shall remain in full force and effect, subject to
the following conditions:.
A "Claimant" is defined as any person, firm or corporation having contracts
with Contractor or with a subcontractor of Contractor to furnish labor,
materials, or both, for use in the performance of the contract. "Labor and
materials" is construed to include that part of water, gas, power, light, heat,
oil, gasoline, telephone service, rental of equipment, and any other items for
which a mechanic's lien may be asserted.
2. Any person having a claim for labor and materials furnished in the
performance of the Contract shall have no right of action unless he shall have
filed a verified notice of such claim with the pillage 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
49
service or United States Mail, postage prepaid, certified or restricted delivery,
return receipt requested, limited to addressee. The notice shall contain 1) the
name and address of the claimant; 2} the business address of the claimant
within the State of Illinois, if any, or if the claimant be a foreign corporation
having no place of business within the State, the principal place of business
of the corporation, and in the case of partnership, the names and residences
of each of the partners; 3) the name of the contractor for the Village; 3) the
name of the person, firm or corporation by whom the claimant was employed
or to whom such claimant furnished materials; 4} a brief description of the
public improvement for the construction or installation of which the contract is
to be performed; and 5) a description of Claimant's contract as it pertains to
the public improvement describing the work done by the claimant and stating
the total amount due and unpaid as of the date of the verified notice. No
defect in the notice herein provided for shall deprive the claimant of its right of
action under the terms and provision of this Bond unless it shall affirmatively
appear that such defect has prejudiced the rights of an interested party
asserting the same.
3. No action shall be brought on this Bond later than one year after the date of
the last item of work or of the furnishing of the last item of materials. Such suit
shall be brought only in the circuit court of the State in the judicial district in
which the Contract is to be performed.
4. The Village shall not be liable for the payment of any costs or expenses of
any such lawsuit, and the Village does not have any obligations to any
Claimants who make claims on this Bond. Surety will pay for all such claims,
and for all costs and expenses of any such lawsuit, up to a maximum of the
amount of this Bond.
Surety hereby expressly agrees that no extension of time, change, modification,
alteration, deletion, or addition to the undertakings, covenants, terms, conditions, and
agreements of the contract, or to the work to be performed thereunder, shall in any way
affect the obligation of this Bond; and it does hereby waive notice of any such extension
of time, change, modification, alteration, deletion, or addition to the undertakings,
covenants, terms, conditions, and agreements of the contract, or to the work to be
performed thereunder.
Surety's obligations hereunder are independent of the obligations of any other
surety for the payment of claims of laborers, workmen, mechanics, material suppliers,
and other persons in connection with the Contract; and suit may be brought against
Surety and such other sureties, jointly and severally, or against any one or more of
them, or against less than all of them without impairing the Village's rights against the
others. Any payment by the Surety made in good faith pursuant to this Bond shall
reduce the principal amount of this Bond.
50
Signed and sealed this day of , 20
Contractor
By:
Signature
Title
ATTEST:
Corporate Secretary (corporations only)
STATE OF
COUNTY OF
certify that
S u rety
By:
Officer Of The Surety
Title
Address:
NOTARY
, a Notary Public in and for said county, do hereby
(Insert Name of Attorney -I n -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)
51
Bond No. :
Principal Amount:
Contract:
as
VILLAGE OF MOUNT PROSPECT
PERFORMANCE BOND
KNOWN ALL MEN BY THESE PRESENTS, that Contractor
Principal (hereinafter "Contractor"),
with
main office
1
and
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
, (hereinafter "Contract"), for the construction of
BACKYARD DRAINAGE PROGRAM in accordance with the drawings and
prepared by: VI
architect/engineer),
_CAGE OF MOUNT PROSPECT (Village of Mount
which Contract is incorporated herein and made a part hereof.
Village dated
the 2018
specifications
Prospect or
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor
shall fully, promptly and completely discharge the Contract and all duly authorized modifications,
alterations, changes, or additions to said Contract as may hereafter be made, and during the life
of any guaranty required under the Contract, and, if Contractor shall fully secure and protect the
Village from all liability and from all loss or expense of any kind, including all court costs and
attorneys' fees made necessary or arising from the failure, refusal or neglect of Contractor to
comply with all obligations assumed by Contractor in connection with the performance of the
Contract and all such modifications, alterations, changes, or additions, then this obligation shall
be null and void; otherwise it shall remain in full force and effect.
Upon receipt of Written notice from the Village that the Contractor is in default, and
performance by the Village of its obligations under the Contract, Surety will promptly (1) remedy
the default; (2) arrange for the performance of Contractor's obligations under the Contract
through the use of qualified contractors acceptable to the Village; or (3) notify the Village that it
may hire a contractor to complete Contractor's obligations under the Contract. Surety will
promptly notify, in Writing, the Village of Which option it is exercising. Failure of the Surety to
elect an option within fifteen (15) days of receipt of the notice from the Village shall constitute
authorization to the Village to complete the improvements at Surety's expense.
The balance of the contract price shall be credited against the cost of completing and/or
correcting the Contractor's performance under the Contract. If the cost exceeds the balance of
the contract price, the Surety shall pay the excess amount to the Village, up to a maximum of
the principal amount of this Bond. If the Surety arranges for completion and/or correction or
remedies the default, the balance of the contract price that is required to complete, correct or
remedy the default shall be paid by the Village to Surety. Surety will be responsible, up to the
maximum of the principal amount of this Bond, for payment for correction and completion of the
Contract, any additional legal, design professional or delay costs arising from Contractor's
default and/or resulting from action or inaction on the part of the Surety and liquidated damages,
53
or, if no liquidated damages are provided for in the Contract, actual damages caused by
delayed performance or non-performance by the Contractor or Surety. The Village shall not be
required to pay Surety more than the balance of the contract price.
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
Contractor
By:
Signature
Title
ATTEST:
Corporate Secretary (corporations only)
COUNTY OF
20
S u rety
By:
Officer Of The Surety
Title
Address:
NOTARY
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
Notary Signature:
My Commission expires:
(Attach Surety's Power of Attorney)
54
, 20
2A
0
0
o�
m
NOTES:
1A GRASS AREAS IN R.O.W. MUST BE RESTORED WITH 4" OF TOP SOIL AND SOD
1B SEE PAVEMENT RESTORATION DETAIL FOR PATCHING REQUIREMENTS
2A UNDER GRASS AREAS BACKFILL WITH EXCAVATED MATERIAL PLACED AND COMPACTED IN 12"
LIFTS
2B UNDER, AND WITHIN 2' OF PAVEMENT, CURB & GUTTER, AND SIDEWALK, BACKFILL WITH CA -5
MATERIAL IN 9" LIFTS COMPACTED TO 95% MAX. DENSITY
3 CAW11 STONE BACKFILL PLACED AND COMPACTED IN 5" LIFTS
4 CA -11 STONE BEDDING. MINIMUM THICKNESS = 1 14 OF THE OUTSIDE DIAMETER OF THE PIPE,
BUT NO LESS THAN 4"
O5 UNSUITABLE MATERIAL TO BE REMOVED AT THE DIRECTION OF VILLAGE ENGINEER, AND
REPLACED WITH COMPACTED CA -11 STONE
s THE TRENCH WIDTH SHALL BE AT LEAST 18" WIDER THAN THE OUTSIDE DIAMETER OF THE PIPE
Village of Mount Prospect
Public Works Department
1700 W, Central Rd.
TRENCH SECTION DETAIL
Last Revised: 8-09
HAEngineering\Refore ncelDetails\VillageStandards\TRENCH SECTION DETAIL,dwg
RESTORE TO EXISTING
GRADE WHEN INS'
SOLID WALL PIPE
QF=GRADE TO CREATE
ALE WHEN INSTALLING
RFORATED PIPE
UNDERDRAIN DETAIL
XISTING GROUND
6" TOP SOIL AND SOD
.RANULAR BACKFILL
SEE PLAN FOR PIPE SIZE,
LENGTH, SLOPE AND
MATERIALS
NOTE: THE HOLE FOR THE UNDERDRAIN MUST BE CORE DRILLED INTO THE STRUCTURE,
Village of Mount Prospect
Public Works Department
1700 W. Central Rd.
UNDERDRAIN DETAIL
Last Revised: 8-09 1
H:\Engineering\Reference\DetailsWillageStandards\UNDERDRAIN DETAIL.
N(
MN
IN -
INLET
COMPACT!
CA -11 STD
NOTES:
1. PRECAST SECTIONS TO BE JOINED WITH TONGUE AND GROOVE JOINTS SEALED WITH MASTIC
TYPE BITUMINOUS JOINTING COMPOUND.
2. PRECAST CONCRETE BARREL SECTION ASTM C-478 AND ASTM C-443.
3. PRECAST CONCRETE RING CONSTRUCTION ASTM C -478-64T ADJUSTMENT TO 12" MAXIMUM,
USING THE MINIMUM NEEDED TO ACHIEVE THE DESIRED ELEVATION WITH 3 RINGS MAXIMUM.
RUBBER NOISE RINGS SHALL BE USED IN ALL TRAFFIC AREAS.
4. STEPS SHALL BE EMBEDDED INTO WALL A MINIMUM OF 3" AND SHALL NOT BE EXTENDED ON
THE OUTSIDE.
5. MINIMUM DIAMETER (D) SHALL BE 48" UNLESS OTHERWISE NOTED ON THE PLAN.
6. A FACTORY INSTALLED "RUBBER BOOT SEAL" SHALL BE PRECAST INTO ALL PIPE OPENINGS
WHEN CATCH BASINS ARE TIED INTO COMBINED SEWER SYSTEM.
OUTLET
Village of Mount Prospect
Public Works Department
1700 W Central Rd
CATCH BASIN W/ RESTRICTOR DETAIL
Scale: None I Last Revised: 05-09
H:1Engineering\Reference\Details\VlllageStandards\CATCH BASIN WITH RESTRICTOR DETAIL.dwg
� DO
Ooo ooh B C
00
o.,s"
Ri oo�o
( PER MANUFACTURER'S SPECS)
21 " DIA.
1.75"
g,$
24" DIA.
36" DIA.
gPr.Tlnnl a_A
UHC I r KHNI L
NOTES:
D.
1.3811
1.5" 1 3��j r
�Rr'.T1nnf R_R
CAST OPEN LID
(PER MANUFACTURER'S SPECS)
CAST SOLID LID
1. APPROVED MANUFACTURER'S PRODUCT NUMBERS FOR FRAMES AND LIDS:
- PAVED AREAS (SOLID LID): EAST JORDAN 1056, EXTRA HEAVY DUTY, TYPE A SOLID COVER
- PAVED AREAS (OPEN LID): EAST JORDAN 1050, EXTRA HEAVY DUTY, TYPE 1020M1 GRATE
- NON -PAVED AREAS (SOLID LID): EAST JORDAN 1050, MEDIUM DUTY, TYPE A SOLID COVER
- NON -PAVED AREAS (OPEN LID): EAST JORDAN 1050, MEDIUM DUTY, TYPE 01 BEEHIVE GRATE
2. SANITARY FRAMES AND COVERS FOR MANHOLES LOCATED WITHIN FLOODPLAIN AREAS AND HAVING A RIM ELEVATION BELOW THE FLOOD
PROTECTION ELEVATION SHALL BE WATER TIGHT, LOCK TYPE COVERS- NEENAH NO. R-1 755-B OR APPROVED EQUAL.
3. ALL SANITARY LIDS MUST BE GASKET TYPE WITH CONCEALED PICKHOLES.
4. SOLID LIDS FOR VILLAGE OWNED STRUCTURES MUST HAVE THE WORDS "VILLAGE OF MOUNT PROSPECT" AND HAVE THE NAME OF THE UTILITY
(WATER -SANITARY -STORM) CAST INTO THE LID.
5. OPEN LIDS MUST HAVE THE WORDS "DUMP NO WASTE, DRAINS TO WATERWAYS" CAST INTO THE LID.
6. OTHER MANUFACTURER'S PRODUCTS OF EQUAL SPECIFICATION MAY BE SUBSTITUTED AT THE APPROVAL OF THE VILLAGE ENGINEER.
Village of Mount Prospect
Public Works Department
1700 W. Central Rd.
FRAMES AND LIDS
Last Revised: 8-09
H:\Engineering\Reference\Details\VlllageStandards\FRAMES AND LIDS.dwg
AREA A
B
C
D
E F
50 ft, 3
8
3
10
3 6
100 ft' 3
12
3
16
5 8
200 Ft 4
17
4
24
6 10
A
LIMITS OF PROPOSED RAIN
GARDEN UNLESS OTHERWISE
NOTED ON THE PLAN
A
B
D �
RAIN GARDEN GRADE 6"
LOWER THAN RIM ELEV.
I
i.... E,,,..,,.....,r.,.
LIMITS OF PROPOSED RAIN
GARDEN UNLESS OTHERWISE
NOTED ON THE PLAN
PLAN
n o a a a°v°o°°°
a v°v°o°avo0000a0004°v°v°°vovoav o a °• .,
THRUST BLOCK
6" PVC OVERFLOW PIPE
(SEE SITE PLAN)
NOTES:
1. THE RAIN GARDEN SOIL MIX SHALL
CONSIST OF:
— 40% SAND
— 40% TOP SOIL
-- 20% COMPOST OR PEAT MOSS
2. PLANTS FOR RAIN GARDEN TO BE
SELECTED FROM APPROVED LIST.
3. ROUGHEN SIDES OF EXCAVATED HOLE
PRIOR TO BACKFILLING.
L.
n-.%t=ngineenngiurainage%"rN UHnutN ut IA[L-5.awg
6''
30
RAIN GARDEN SOIL MIX
(SEE NOTE 1)
12 AREA DRAIN W/ DOME GRATE
(SET GRATE 6" ABOVE RAIN
GARDEN GRADE)
C
D �
PLAN
n o a a a°v°o°°°
a v°v°o°avo0000a0004°v°v°°vovoav o a °• .,
THRUST BLOCK
6" PVC OVERFLOW PIPE
(SEE SITE PLAN)
NOTES:
1. THE RAIN GARDEN SOIL MIX SHALL
CONSIST OF:
— 40% SAND
— 40% TOP SOIL
-- 20% COMPOST OR PEAT MOSS
2. PLANTS FOR RAIN GARDEN TO BE
SELECTED FROM APPROVED LIST.
3. ROUGHEN SIDES OF EXCAVATED HOLE
PRIOR TO BACKFILLING.
L.
n-.%t=ngineenngiurainage%"rN UHnutN ut IA[L-5.awg
6''
30
RAIN GARDEN SOIL MIX
(SEE NOTE 1)
12 AREA DRAIN W/ DOME GRATE
(SET GRATE 6" ABOVE RAIN
GARDEN GRADE)