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Home My WebLink About9.1 Motion to accept the lowest cost, responsive bid for the 2023 Water Main Replacement Project in an amount not to exceed $4,550,131.08.Mr�GauC �'d'+rt;�iect Subject Motion to accept the lowest cost, responsive bid for the 2023 Water Main Replacement Project in an amount not• exceed i Meeting Fiscal Impact Dollar Amount Budget Source Category Type Information March 7, 2023 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD - true $4,550,131.08 Water and Sewer Enterprise Fund Action Item In the current budget, funds are allocated to replace aged and deteriorating Village -owned water mains. Pursuant to the findings discussed in the 2017 Water Rate Study, this year's proposed project is scaled to continue a multi-year process of reducing the life expectancy of water mains to 130 years. The improvements will increase the reliability and sustainability of the water distribution system. Analysis performed during the Water Rater Study indicated that the Village's former rate of water main renewal approached 600 years. This project includes the replacement of 12,221 feet of existing 6" water main. The locations include Emmerson; Debbie; Jerry; Lancaster Avenue from Lonnquist Boulevard to Golf Road; Elm Street from Highland Avenue to Thayer Street; School Street from Gregory Street to Central Road and Owen Street from Gregory Street to Central Road. The project includes 35 new valves in vaults, 37 new fire hydrants, 297 water service reconnections, abandonment of existing 6" water main and requisite surface restoration. The Village's engineering consultant for this project, IMEG Corporation, prepared detailed plans, specifications and bidding documents necessary to facilitate contractual performance of this work. The bid documents were sent to five (5) area firms who have experience in water main replacement projects and to all firms that previously bid on past water main replacement 1 project. In addition, the bid was publicly advertised on the Village's website utilizing Demandstar Bid services. On Tuesday, February 21, 2023 a non -mandatory pre-bid meeting was held with four (4) contractors attending along with representatives from the Village and IMEG Corporation. Based on inquires, one (1) addendum was issued to clarify the substantial and final completion dates. On Monday, February 27, 2023 the bids were publicly opened and read as required by Village Code. The following six (6) firm's submitted bids (ranked from lowest dollars). Contractor Gerardi Sewer & Water Co. (Addison) Mauro Sewer Construction (Des Plaines) Martam Construction (Elgin) John Neri Construction J Cogdon Sewer Services (Carol Stream) Alamp Concrete Contractors (Schaumburg) Base Bid Alternate 1 $4,112,732.80 $23,750.00 $4,679,865.00 $50,000.00 $4,919,025.00 $40,500.00 $5,705,931.00 $37,500.00 $6,073,779.46 $50,000.00 $6,725,947.00 $74,000.00 Engineer's Estimate - Base bid $4,358,339.00. With Alternate 1 - $4,408,339.00 All bids were reviewed to ensure that the documents had all appropriate signatures, and bid security. All bids were submitted with requisite documents, security, and signatures on the addendum. Based on the review of the bids, reference checks and past projects, the lowest responsible bidder is Gerardi Sewer & Water Company of Addison, Illinois (Gerardi). A bid tabulation is attached. Gerardi Sewer & Water Company successfully completed the Villages 2022 water main replacement project with no issues. Reference checks indicated that Gerardi has also satisfactorily completed similar water main replacement work in other communities. In 2020 and 2021, Gerardi has completed projects similar scale and scope of work for the Village of Oakbrook. Notably, the firm completed a multi-year water main replacement project worth $7 million. The project ended up $2.7 million under budget and was completed a year ahead of schedule. 2 The firm also completed a large scale water main replacement project for the City of Elmhurst where they recently completed a $3.1 million water main replacement project. Included in the project was one (1) alternate bid item. The alternate bid item is for replacing lead water service lines found within the project scope all the way to the meter located inside the house. Village staff has been working on a lead service line inventory throughout the project scope and have identified only one lead service line located on North Owen Street. Since the project includes underground work, there is a possibility of unforeseen repairs. Staff is requesting a 10% contingency ($413,648.28) to address any of these unforeseen issues should they arise. A 10% contingency would bring the project award total to $4,550,131.08 (the $4,112,732.80 base bid plus the $23,750.00 alternate bid #1 plus the 10% contingency of $413,648.28 = $4,550,131.08). Alternatives 1. Accept the lowest cost, responsive bid for the 2023 Water Main Replacement Project. 2. Action at the discretion of the Village Board. Staff Recommendation Staff recommends that the Village Board accept the lowest cost, responsive bid for the 2023 Water Main Replacement Project in an amount not to exceed $4,550,131.08. ATTACHMENTS: Gerardi.pdf Gerardi Addendum.pdf Bid Tabulation.pdf KI Bid Request For 2023 Water Main Improvements OPTIONAL PRE-BID: February 21, 2023 — 10.00AM Local Time BID OPENING: February 27, 2023—1:OOPM Local Time Mount Prospect Public Works Department 1700 W. Central Road, Mount Prospect, Illinois 60056-2229 4 2023 Water Main Improvements Project Table of Contents agg.lign Pa g e Table of Contents 2 Notice to Bidders 3 Invitation to Bid 4 Bidder's Qualification Statement 5 Instructions to Bidders 7 Bid Form 12 Bid Sheet 15 Basis for Determining Prices 18 Affidavit — Bid Certification Form 20 Bid Security 22 Contract 23 Labor and Material Payment Bond 29 Performance Bond 32 General Conditions 34 Special Provisions 56 CCDD Information 64 Pavement Boring Report • Bidder's Qualification Statement • Bid Form • Bid Sheet • Bid Security • Certification Requirements • Affidavit — Bid Certification • References 2023 Water Main Improvements N 5 NOTICE TO BIDDERS Bid for 2023 Water Main Improvements Project Sealed bids will be received until 1:00 p.m. on February 27, 2023 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 2023 Water Main Improvements". The project includes but is not limited to the following bid items: Installation of 55 feet of 6 -inch water main, 12,166 feet 8 -inch water main, 35 valves in vaults, 37 fire hydrants, reconnection of 297 water services, and all other pertinent work and material necessary to complete the project. The Work shall be constructed in accordance with the 2023 Water Main Improvements Project Documents dated February 6, 2023. There will be an optional pre-bid conference at 10:00 a.m. on February 21, 2023. The meeting will be held at the Public Works Facility 1700 W. Central Rd., Mt. Prospect, IL 60056. Specifications may be obtained at the Village of Mount Prospect's Onvia Demandstar website using the following link w.mount ros ect.or fbids. All work under this Bid and the resulting contract shall comply with the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 et seq. and the other applicable laws and ordinances. Offers may not be withdrawn for a period of ninety (90) days after the bid date without the consent of the Board of Trustees. Any Bid submitted unsealed, unsigned, sent via email or fax or received after 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 Cassady 2023 Water Main hnprovements 3 1J INVITATION TO BID Bid Let Date: February 6, 2023 Project Name: 2023 Water Main Improvements Project Location: Mount Prospect, IL Owners: Village of Mount Prospect The project includes but is not limited to the following bid items: Installation of 55 feet of 6 - inch water main, 12,166 feet 8 -inch water main, 35 valves in vaults, 37 fire hydrants, reconnection of 297 water services, and all other pertinent work and material necessary to complete the project. The Work shall be constructed in accordance with the 2023 Water Main Improvements Project Documents dated February 6, 2023. Bid Documents available from: www.moun,-t r sspc t.or /bids. Question Cut Off: 5:00 p.m., February 23, 2023 Bids Due: 1:00 p.m., February 27, 2023 Bids submitted to: Village of Mount Prospect Village Manager's Office, Third Floor 50 S. Emerson Mount Prospect, Illinois 60056-2229 (847) 870-5640 Questions to: IMEG Corp Harlan M. Doland 847-336-7100 Email: Harlan,M.Doland ime cor .com 2023 Water Main Improvements 7 BIDDER'S QUALIFICATION STATEMENT Project Name: 2023 Water Main Improvements SUBMITTED TO: Village of Mount Prospect Village Manager's Office, Third Floor 50 S. Emerson Mount Prospect, IL 60056-2229 SUBMITTED BY: r r Company �D'ER�►2J5 S� Name Address Principal Office Corporation, partnership, individual, joil enture, other Contractor license number and state 1. Bidder has been engaged as a General Contractor in construction for L4b1-1Sft0Z year and has performed work of the nature and magnitude of this Contractfor 4(40 years. Bidder has been in business under its present name for ._years. 2. Bidder now has the following bonded projects under contract: On a separate sheet, list project name, owner, engineer/architect, amount of contract, surety, and estimated completion date. 3. Bidder has completed the following three (3) contracts consisting of work similar to that proposed by this Contract: On a separate sheet, list project name, owner, engineer/architect, amount of contract, surety, and date of completion and percentage of the cost of the Work performed with Bidder's own forces. 4. Has Bidder ever failed to complete any project? If so, state when, where, and why. 5. Bidder normally performs the following work with his own forces: A- 6. Construction experience of key individuals in the organization is as follows (cd on attached s ets if needed)- ntinue __. \, a tea. � 3S 14 . 7. In the event the Contract is awarded to Bidder, the required surety Bonds will be furnished by the following surety company including name and address of agent, �-i*-s tsti /_ \ t, r�- 2023 Water Maui it��t��r<'rv�ttet�� i• � (p'y'L.,Z`� FINANCIAL STATEMENT Bidder possesses adequate financial resources as indicated by the following: a. Assets and Liabilities: Attach a financial statement, audited if available, including Bidder's latest balance sheet and income statements showingthe following items: (1) Current assets (cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory, and prepaid expenses). (2) Net fixed assets. (3) Other assets. (4) Current liabilities (accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, and accrued payroll taxes). (5) Other liabilities (capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings). (6) Name of firm preparing financial statement and date thereof: If financial statement is not for identical organization named herein, explain relationship and financial responsibility of the organization furnished. 8. Current Judgments: The following judgments are outstanding against Bidder: Judgment Creditors Where Docketed and Date Amount a. $- b. $ Bidder hereby represents and warrants that all statements set forth herein are true and correct.. Date ` � & , 202�. (OFFICIAL SEAL) Name of Organization, By Title ► D (If Bidder is a partnership, the partnership name shall be signed, followed by the signature of at least one of the partners. If Bidder is a corporation, the corporate name shall be signed, followed by the signature of a duly authorized officer and with the corporate seal affixed). 2023 Water Main Improvements 9 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 February 27, 2023. Envelopes shall be plainly marked, "Sealed Bid for 2023 Water Main Improvements" 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 an opt. on l pre-bid conference at 10:00 a.m. on February 21, 2023. The meeting will be held at the Public Works facility at 1700 W. Central Rd., Mt. Prospect, IL 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/S ecifications 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 2023 Water Main Improvements 10 delivered after the specified hour will not be accepted regardless of post marked time on the envelope. 8) Bids B 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 shall complete and submit the Bidder's Qualification Statement. 12) References` Background Check. Upon request of the Village bidders must provide 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 a bid if the bidder does not provide produce the requested 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. 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) Murices. 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. 2023 Water Main Improvements 11 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 2023 Water Main Improvements 12 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 will take into account the Base Bid as well as each Alternate bid item. The Village reserves the right to award any combination of the Base Bid and Alternate bid items including but not limited to the Base Bid plus all of the Alternates and the Base Bid plus no Alternates. The Village shall be the sole judge of compliance with the Specifications. 19) Other Re uirements. a. New E ui ment. 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 E ui ment 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) Re uirement 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. 2023 Water Main Improvements 10 13 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 contact specified in the Invitation, 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. 2023 Water Main Improvements 11 14 BID FORM 2023 Watar Main Irnl2rovements, Village of Mount Prospect Department of Public Works FROM: C JC S `.? (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') 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 — 2023 Water Main Improvements Contract Document Labor and Materials Payment Bond Form Performance Bond Form Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel, labor, materials, tools appurtenances, equipment, and services (including all utility and transportation services) required to construct and complete the Work, all in accordance with the above listed documents. Bidder agrees to perform all of the Work and provide the equipment and materials described in the Bid Documents, as follows: Bidder has bid on all items and has provided a price for all items. The Bidder will complete and provide all labor, equipment, materials and mobilization (if applicable) to perform the Work as incidental to the fixed item price for each item proposed. In submitting this bid, the Bidder understands that the Village of Mount Prospect reserves the right to add to or subtract from the estimated quantities. 2023 Water Main Improvements 12 15 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 thespaces provided below: �...............__wwww _ _ _ _............wwww .,. .. ..w_w_.........�....wwwww_._... www....._._.—o _ wwwww � _w Addendum Addendum Acknowledgement by Bidder or Date No.Date Authorized Repres Mntative _ AcknowA ed Failure to acknowledge receipt, as provided above, may be considered sufficient grounds for disqualification of the bidder and rejection of his/her bid submittal. A record of all Addenda and copies of same will be available to all qualified bidders from the Village of Mount Prospect Public Works Department, 1700 West Central Road, Mount Prospect, Illinois two (2) days prior to the letting. It shall be the bidder's responsibility to become fully advised of all Addenda prior to submitting its bid. 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. The contractor shall reach substantial completion by Proceed with Proceed. Substantial completion shall be defined as the completion of all work except for site restoration. 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 2023 Water Main Improvements 13 16 complete the said work in the designated time frame, calling the bonds, or taking such other action as may be available. Security in the sum of ten (10%) percent of the amount bid in form of (check one): Bid Bond Certified Check Bank Cashier's Check is attached hereto in accordance with the "Instructions for Bidders". This Bid Submittal contains the following: 1) Bid Form 2) Affidavit — Bid Certification Form 3) Bid Security 4) Bid Sheet(s) — 2023 Water Main Improvements Respectfully submitted: Name of Fir ° dw: rj G � ,� R��-•-. (Signature) Title: Date: Contact Information: Official Address: (,a tJ, « � .M,LL; Q% IS. (n uok Telephone: '"lp3O — S \C� S��0 Email: Q%"R ;L SG, zc L, CC<,.4ZS 6C ONE (1) SIGNED COPY OF THIS BID FORM AND BID SHEETS ALONG WITH THE AFFIDAVIT — BID CERTIFCATION FORM, AND BID SECURITY SHALL BE SUBMITTED IN A SEALED MARKED ENVELOPE. 2023 Water Main Improvements 14 17 BID SHEET 2923 Valgr Mai Improy M.Lgjtj�— n , jF 0 tMqt UNIT PRICES: For providing, performing, and completing all work, the sum of the products resulting from multiplying the number of acceptable units by price per unit. aOMPLETE TABLE AS INDICATED ITEM ITEM DESCRIPTION UNIT QUANTITY UNIT TOTAL PRIC BASE BID 1 TRENCH BACKFILL, SPECIAL C.Y� 7395 1 --m-0 tr_:60' - S. 2 TEMPORARY AGGREGATE FOR PATCHES AND DRIVEWAYS, SPECIAL TON 1571 3 PCC SIDEWALK REMOVAL AND REPLACEMENT, SPECIAL S.F, 500 1 T. 4 COMB CONC CURB AND GUTTER REM AND REPL,SPECIAL L.F. 600 5 PAVEMENT PATCHING, CLASS D S.Y, 100 6 PAVEMENT PATCHING, CLASS 0, SPECIAL, 4" S.Y.7119 29. c= 'Zoso %51.0m 7 PAVEMENT PATCHING, CLASS 0, SPECIAL, 6" S'Y, 3730 a 8 HMA DRIVEWAY REMOVAL AND REPLACEMENT S.Y. 300 9 PCC DRIVEWAY REMOVAL ANC REPLACEMENT S.Ya 300 Ckq.M 10 BRICK DRIVEWAY REMOVAL AND REPLACEMENT S.Y. 0 1 So.op 00. 11 STORM SEWER, WATER MAIN CLASS - 12" PVC L.F. 83 12 STORM SEWER, WATER MAIN CLASS - 8" PVC L,F, 0 00 app 13 SANITARY SEWER, WATERMAiN CLASS - 10" PVC L.F, 0 ZSO, Cp bp. Cid 14 WATER MAIN - 6" D.I.P, L.F. 55 15 WATER MAIN - 8" D.I.Pg L.F. 12166 www 16 WATER MAIN - 10" HDPE - DIRECTIONALLY BORED L.F. 159 64 cx:.. 00 (03, (cc a. oz, 17 . . ............ . 16" CASING PIPE IN TRENCH, SPECIAL . ..... L.F. 715 50.00 351 0� op 18 NON -PRESSURE CONNECTIONS, SPECIAL w EACH 18 4 OCN0. oo "12-kc%nia'arm 19 PRESSURE CONNECTIONS, SPECIAL EACH 0 20 GATE VALVES,.8", SPECIAL EACH 35 21 VALVE VAULTS, 5' DIAMETER EACH 22 FIRE HYDRANT INSTALLATION, SPECIAL . ............ EACH ..... ....35 37 DOoo.op zC1 6 Mo. co 23 REMOVE EXISTING FIRE HYDRANTS, SPECIAL ...... .... EACH 37 ------ 2023 Water Main Improvements 15 18 NO _�. ..... ww.�..__ ITEM mDESCRIPTION ..... v _.. .. _._.,.. UNIT QUANTITY ........... PRNCE.......,._w w.. .,_TOTAL...._ BASE BID 24 EXISTINGALVE VAULTS T ABANDONED, SPECIAL EACH 31� DONED ..._�,...._....w._ w�__..ww... ..... V.........___._w.....� O BE�.�, �..._._...._.._.....__ ....._......._. _w...�..,_w._ ...,.�._�w�wm... �..w........ww._,._...�...__...�.�._._, 25 CAP AND PLUG EXISTING WATER MAINS, SPECIAL EACH 17 26 TEE REMOVAL, SPECIAL EACH w_ 7 ..._z. _ _ 1,.....�• C>11 27 TEE AND VALVE REMOVAL, SPECIAL EACH 0 � 28W WATER SERVICE CONNECTIONS, NEAR SIDE, 1,5', SPECIAL EACH 158 CONNECTIONS, FAR SIDE, 1.5", _ 139 ?..►MC>4 ,e„y"r� 1r 29 WATER SERVICE SPECIAL EACH w .........._.. .., __.. _.. .. .......... .__w w._ . _ ....._ 30 STORM SEWER PROTECTION L.S. 1 _., �p coo'ca to coo 4*0 6500 �� 00 q7 C" ....3.� LANDSCAPING. ._w__...._......... __...........................-.,,,.......�.�._.�..._........_.......... �M......._._ _ �'�1�.C7C! 32 TRAFFIC CONTROL AND PROTECTION, SPECIAL L.S 1 IsM0.00 TOTAL BASE BID y IIZ-132. go ADDITIVE ALTERNATE #1 .. .......... 1 PARTIAL LEAD WATER SERVICE REPLACEMENT FROM B -BOX EACH 5 TO HOME -1.5" jSp��, 23C0 TOTAL ADD, ALT. #1 GRAND TOTAL L4 136-N92.O 2023 Water Main Improvements 16 19 TOTAL BASE BID PRICE (the sum of extensions of the Schedule of Prices - BASE BID): Dollars and Cents (In writing) (In writing) It Z Dollars and lad Cents (In figure) (In figure) ADDITIVE ALTERNATE 1 PRICE (the sum of extensions of the Schedule of Prices - ALTERNATE 1): (In writing) (In writing) Cents Z' -I Via• 00 Dollars and 0p Cents (In figure) (In figure) TOTAL BID (the sum of extensions of the Schedule of Prices)w (In writing) Dollars and Cents (In writing) \3 yS Z. Dollars and 47 d Cents (In igure) (In figure) 2023 Water Main Improvements 17 20 It is expressly understood and agreed that: 1. The approximate quantities set forth in this Bid Sheet for each Unit Price Item are Owner's estimate only, that Owner reserves the right to increase or decrease such quantities, and that payment for each Unit Price Item shall be made only on the actual number of acceptable units of such Unit Price Item installed complete in place, measured on the basis defined in the Contract. 2. Owner is not subject to state or local sales, use and excise taxes and no such taxes are included in this Bid Sheet. BIDDER agrees that the Work will be Substantially Completed in 75 consecutive calendar days from the date of "Notice to Proceed" and Finally Completed in 15 calendar days thereafter. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. The following documents are attached to and made a condition of this Bid: (a) Required bid security in the amount of ten percent (10%) of the Bid in the form of a bid bond, cash, certified check, cashiers check or bank money order as stipulated in the Advertisement for Bids. (b) A tabulation of subcontractors, suppliers and other persons and organizations required to be identified in this Bid. (c) Required BIDDER's Qualification Statement with supporting data. Written communications concerning this Bid shall be addressed to: 2023 Water Main Improvements 18 21 The terms used in this Bid which are defined in the General and Supplementary Conditions of the Construction Contract, included as part of the Contract Documents, have the meanings assigned to them in the General and Supplementary Conditions. Submitted on --2-1 Z-+ 2021 State Contractor License Number (if any) Contractor Contact Information: Address: MOOS Telephone:4Q-24-+ — kUop 2023 Water Main Improvements 19 22 Sid Certification Iwo:: -i Page 'i Bidder: ��^^ U"T' Company/Firm Name: �.�c+�-2-� � +^^� C' " Address: ��$S� �+�z9`► %� Sd�-�,.,_,7..�c;�s �obIZ51 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, 'W�,,, , being first duly sworn on oath, deposes and states that he or she is wr- (sole owner, partner, joint ventured, President, Secretary, etc.) of and has the (Name of Company) authority to make all 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 The undersigned further states that GT-9A-L6.<1n�aic�. c.�.. (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. 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. 2023 Water Main Improvements 20 23 AFFIDAVIT — BID CERTIFICATION FORM Section IV Tax Payment The undersigned further states that_, W C. -,D • is (Name of Company) not delinquent in payment of any taxes to the Illinois Department of Revenue, in accordance with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned understands that making a false statement regarding delinquency in taxes is a Class A Misdemeanor and, in addition voids the contract and allows the municipality to recover all amounts paid to the individual or entity under the contract in civil action. Section V Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A), every party to a public contract must: "Have written sexual harassment policies that shall include, at a minimum, the following information: (1) the illegality of sexual harassment; (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 GV , %CAZ4.,s 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 undersignedc i `ds that I Information contained in this Affidavit is true and correct. Signed by: �"c.," � Title: WS, Signature Name Printed: GRLZ '� Signed and sworn to before me this-�-3 day of , 20 -13 . My commission expires: "otery Publi OFFICIAL SEAL MARY ANN ALFANO ENOTARY PUBLIC - STATE OF ILLINOIS OMMISSION EXPIRES:06/20/23 2023 Water Main Improvements 21 24 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 paymentand 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 , 2023. SEAL (if corporation) 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 2023 Water Main Improvements 22 25 CONTRACT THIS Contract (hereinafter the "Contract") is entered into on this day of , 2023, by and between the VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation (hereinafter the "Village"), and , an (hereinafter the `Contractor") (Village and Contractor sometimes referred to individually as "Party" and collectively as "Parties"), WHEREAS, the Village has solicited competitive bids for its "2023 Water Main Improvements Project"; and WHEREAS, the Contractor submitted a bid to perform the work associated with the 2023 Water Main Improvements Project (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 2023 Water Main Improvements Project 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. Table of Contents 2. Notice to Bidders 3. Invitation to Bid 4. Bidders Qualification Statement 5. Instructions to Bidders 6. Bid Submittals, including Bid Form, Affidavit — Bid Certification Form, Bid Security, Bid Sheet 7. Contract 8. Applicable performance and labor and materials payment bonds, or letter of credit General Conditions and Special Provisions 9. CCDD Information (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"). 2023 Water Main Improvements 23 26 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. The Village agrees to pay the Contractor for its performance of the Work in the manner and amount provided in the 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. 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 in 75 days and final completion in 15 days. 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. 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. 2023 Water Main Improvements 24 27 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 partwithout the prior written approval of the Village, except to the extent that the Contract Documents provide otherwise. R If the Contractor fails to begin the Work under the Contract within the time specified, or fails to perform the Work in accordance with the terms of the approved schedule or performs the Work in a manner unacceptable to the Village, or neglects or refuses to remove materials or perform anew such Work as has been rejected by the Village, or if the Contractor shall become insolvent or be declared bankrupt, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall fail to carry on the Work in a manner required by the Contract, the Village shall give notice as hereinafter provided to the Contractor and its surety in writing specifying such failure, delay, neglect, refusal or default, and if the Contractor, within a period of ten (10) calendar days after the giving of such notice, shall not proceed in accordance therewith, then the Village shall have full power and authority to declare the this Contract and the Contractor in default, and to forfeit the rights of the Contractor in this Contract. Upon declaration of Contractor's default, the Village may, at its option, call upon the surety to complete the Work in accordance with the terms of this Contract or may take over the Work, including any materials on the Work site as may be suitable and acceptable tothe 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 manneras 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. 2023 Water Main Improvements 25 28 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. ART19LE IN — 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. 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. 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. Each party to this Contract will comply with all applicable state and federal laws and regulations, and county and municipal ordinances and regulations. 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 being binding upon either Party. 2023 Water Main Improvements 26 29 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. 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. 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. 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. 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. The effective date of this Contract shall be the date of the last signature executing the Contract (hereinafter referred to as the "Effective Date"). 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. The paragraph headings which appear herein are included solely for convenience and shall not be used in the interpretation of this Contract. 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 notbe changed or modified except by a written instrument duly executed by each of the Parties hereto. 2023 Water Main Improvements 27 30 IN WITNESS WHEREOF, the Parties hereto have executed this Contract. Contractor: By: Title: Date: ATTEST: Title: Date: 2023 Water Main Improvements VILLAGE OF MOUNT PROSPECT By: Title- itle: Date- Date: ATTEST: ATTEST: Title: Date: 28 31 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 a as Principal (hereinafter "Contractor"), a written agreement with the Village dated (hereinafter "Contract"), for in accordance with the drawings and specifications prepared by: (Village of Mount Prospect or architect/engineer), which Contract is incorporated herein and made a part hereof; and WHEREAS, the Contractor is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, workmen, mechanics, material suppliers, and other persons as provided by law; NOW, THEREFORE, we, the undersigned Contractor and with main office at as Surety, are held and firmly bound unto the Village in the penal sum of Dollars ($ ), lawful money of the United States, for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these present. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor shall fully, promptly pay for all laborers, workmen and mechanics engaged in the work under the Contract, and not less than the general prevailing rate of hourly wages as required by the Contract and the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., and for all material used or reasonably required for use in the performance of the Contract, and all duly authorized modifications, alterations, changes or additions to said Contract as may hereafter be made, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject to the following conditions:. 1. A "Claimant" is defined as any person, firm or corporation having contracts with Contractor or with a subcontractor of Contractor to furnish labor, materials, or both, for use in the performance of the Contract. "Labor and materials" is 2023 Water Main improvements 29 32 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 ofthe last items of work or the furnishing of the last item of materials, and filed a copy of that verified notice upon the Contractor within 10 days after the filing of the notice with the Village Clerk. Filing must be by personal service or United States Mail, postage prepaid, certified or restricted delivery, return receipt requested, limited to addressee. The notice shall contain 1) the name and address of the claimant; 2) the business address of the claimant within the State of Illinois, if any, or if the claimant be a foreign corporation having no place of business within the State, the principal place of business of the corporation, and in the case of partnership, the names and residences of each of the partners; 3) the name of the Contractor for the Village; 3) the name of the person, firm or corporation by whom the claimant was employed or to whom such claimant furnished materials; 4) a brief description of the public improvement for the construction or installation of which the Contract is to be performed; and 5) a description of Claimant's contract as it pertains to the public improvement describing the work done by the claimant and stating the total amount due and unpaid as of the date of the verified notice. No defect in the notice herein provided for shall deprive the claimant of its right of action under the terms and provision of this Bond unless it shall affirmatively appear that such defect has prejudiced the rights of an interested party asserting the same. 3. No action shall be brought on this Bond later than one year after the date of the last item of work or of the furnishing of the last item of materials. Such suit shall be brought only in the circuit court of the State in the judicial district in which the Contract is to be performed. 4. The Village shall not be liable for the payment of any costs or expenses of any such lawsuit, and the Village does not have any obligations to any Claimants who make claims on this Bond. Surety will pay for all such claims, and for all costs and expenses of any such lawsuit, up to a maximum of the amount of this Bond. Surety hereby expressly agrees that no extension of time, change, modification, alteration, deletion, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this Bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, deletion, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder. 2023 Water Main Improvements 30 33 Surety's obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, workmen, mechanics, material suppliers, and other persons in connection with the Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing the Village's rights against the others. Any payment by the Surety made in good faith pursuant to this Bond shall reduce the principal amount of this Bond. Signed and sealed this day of , 20 Contractor Surety By: By: Signature Title ATTEST - Corporate Secretary (corporations only) STATE OF COUNTY OF Title Officer Of The Surety 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 20—. Notary Signature: Ply Commission expires: (Attach Surety's Power of Attorney) 2023 Water Main Improvements 31 34 VILLAGE OF MOUNT PROSPECT PERFORMANCE BOND Bond No. Principal Amount: Contract: KNOWN ALL MEN BY THESE PRESENTS, that Contractor as Principal (hereinafter "Contractor"), and , with main office at a corporation of the state of as Surety (hereinafter "Surety"), are held and firmly bound unto the Village of Mount Prospect, an Illinois municipal corporation (hereinafter "Village"), in the penal sum of Dollars (; ), lawful money of the United States, for the payment of which, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has entered into a written agreement with the Village dated (hereinafter "Contract"), for the construction of in accordance with the drawings and specifications prepared by: (Village of Mount Prospect or architect/engineer), which Contract is incorporated herein and made a part hereof. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor shall fully, promptly and completely discharge the Contract and all duly authorized modifications, alterations, changes, or additions to said Contract as may hereafter be made, and during the life of any guaranty required under the Contract, and, if Contractor shall fully secure and protect the Village from all liability and from all loss or expense of any kind, including all court costs and attorneys' fees made necessary or arising from the failure, refusal or neglect of Contractor to comply with all obligations assumed by Contractor in connection with the performance of the Contract and all such modifications, alterations, changes, or additions, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Upon receipt of written notice from the Village that the Contractor is in default, and performance by the Village of its obligations under the Contract, Surety will promptly (1) remedy the default; (2) arrange for the performance of Contractor's obligations under the Contract through the use of qualified contractors acceptable to the Village; or (3) notify the Village that it may hire a contractor to complete Contractor's obligations under the Contract. Surety will promptly notify, in writing, the Village of which option it is exercising. Failure of the Surety to elect an option within fifteen (15) days of receipt of the notice from the Village shall constitute authorization to the Village to complete the improvements at Surety's expense. The balance of the contract price shall be credited against the cost of completing and/or correcting the Contractor's performance under the Contract. If the cost exceeds the balance of the contract price, the Surety shall pay the excess amount to the Village, up to a maximum of the principal amount of this Bond. If the Surety arranges for completion and/or correction or remedies the default, the balance of the contract price that is required to complete, correct or remedy the default shall be paid by the Village to Surety. Surety will be responsible, up to the maximum of the principal amount of this Bond, for payment for correction and completion of the Contract, any 2023 Water Main Improvements 32 35 additional legal, design professional or delay costs arising from Contractor's default and/or resulting from action or inaction on the part of the Surety and liquidated damages, or, if no liquidated damages are provided for in the Contract, actual damages caused by delayed performance or non-performance by the Contractor or Surety. The Village shall not be required to pay Surety more than the balance of the contract price. The term "balance of the contract price" means the total amount payable by the Village to the Contractor under the contract, and any amendments thereto, less the amounts paid to the Contractor by the Village. Any suit under this Bond must be filed before the expiration of two years from the date on which final payment under the Contract is due or the applicable statute of limitations, whichever is longer. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Village or its heirs, executors, administrators or successors. Any proceeding, legal or equitable, under this Bond may be instituted in a court of competent jurisdiction in the location in which the work is located. Notice to any of the parties shall be mailed to the appropriate address listed above. Surety hereby waives notice of any modifications, alterations, changes, additions or extension of time in the Contract. Signed and sealed this day of 4 20_ Contractor By: Signature Title ATTEST: Corporate Secretary (corporations only) STATE OF COUNTY OF Surety M Officer Of The Surety Title Address: 1, , a Notary Public in and for said county, do hereby certify that (Insert Name of Attorney -In -Fact for Surety) who is personally known to me to be the same person whose name is subscribed to the foregoing instrument on behalf of Surety, appeared before me this day in person and acknowledge respectively that he/she signed, sealed, and delivered said instrument as his/her free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this day of , 20 Notary Signature: My Commission expires: 2023 Water Main Improvements 33 36 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 punch list items must be completed. 2023 Water Main Improvements 34 37 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 "Punch list" shall mean a list of items to be completed after Substantial Performance. The phrase "Special Provisions" shall mean any special directions and requirements prepared to cover the method or manner of performing work on a particular project, or cover the quantities or quality of the materials to be furnished under the contract 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 2023 Water Main Improvements 35 38 BRIDGE CONSTRUCTION (R&BC), latest revision and the "STANDARD SPECIFICATIONS FOR WATER AND SEWER MAIN CONSTRUCTION IN ILLINOIS" prepared by the ISPE, CECT, et al, latest revision. The term "Subcontractor" shall mean any individual, firm or corporation other than the contractor supplying labor, equipment, tools and materials for use in the work of the contract. The phrase "Substantial Performance" shall mean the date that the entire Project can be used for the purposes for which it was intended, i.e., only punch list items remain. The phrase "Substantial Performance Date" shall mean the date that substantial performance must be completed. The term "Village" shall mean the Village of Mount Prospect, Illinois. The terms "Village Manager" or "Manager" shall mean the Village Manager of the Village of Mount Prospect, Illinois or his duly appointed representative. The terms "Work" and "Project" are used interchangeably and shall mean the improvement advertised for letting, described in the bid form, indicated on the plans, and covered in the specifications and contract, and authorized alterations, extensions and deductions, including labor, tools, equipment, materials and incidentals necessary for the satisfactory completion of the project. 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 bidder, advising that it has been awarded delivery of the Notice of Award, by personal mail, posted prepaid and receipt requested, attached to the Bid Documents, and furnis and certificate of insurance. a Notice of Award to the successful the contract. Within ten (10) days of service or registered or certified U.S. Contractor shall execute the Contract, h the Village with the required bonds 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. c. Start of Construction at Pro`ect Site. Contractor shall mobilize to the project site following the Notice to Proceed. d. Substantial Performance Final Com letion. i The Contract shall be substantially performed in 75 consecutive calendar days. Substantial Performance is when the entire Project can be used for the purposes for which it was intended, i.e., only punch list items remain. 2023 Water Main Improvements 36 39 i Final completion shall be completed in 15 calendar days following substantial completion. 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 Dela i. Time is of the essence. The Contractor agrees that all work included in connection with this project must be completed by the Final Performance Date, or sooner, after receipt of Notice To Proceed. It is hereby acknowledged and agreed by both parties that the damages to the Village are not readily ascertainable but that the failure to timely complete this Work will materially and significantly damage the safety and well-being of the Village, its staff and the public, and that therefore a sum of $1,000.00 per day is a fair and reasonable damage estimate to compensate the Village for any such delay. If the Contractor fails to fully complete the Work in that time, then and in this event, the Contractor further expressly agrees that, for each day this Work and this contract shall remain uncompleted after that date, the Village may deduct the sum of $1,000.00 per day after the Final Performance Date, from the contract price as payment to the Village, by the Contractor of the liquidated damages sustained by reason of failure of the Contractor to complete the Project on or before the time aforesaid. ii. Prov 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. 2023 Water Main Improvements 37 40 f. Measurement of Quantities. All work com leted under the contract will be measured by the Village according to United States standard measures. g. Payment. Payment under the Contract will be made in accordance with the Illinois Local Government Prompt Payment Act, 50 ILCS 505/1 et seq. h. Payment for Items Omitted when Partially Completed. Should the Village cancel or alter any portion of the contract which results in the elimination or non - completion of any portions of the work partially completed, the contractor will be allowed a fair and equitable amount covering all items of work incurred prior to the date of cancellation, alteration, or suspension of such work. A written change order may apply. i. Partial Pa ment. 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 amountso determined, there shall be deducted ten percent (10%) to be retained until after completion of the entire Work to the Village for payment, except that no amount less than $500 will be so certified unless the total amount of the contract is less than $500. In addition, an estimate may, at the discretion of the Village and upon presentation of receipted invoices and freight bills, be made for payment of the value of acceptable materials delivered on the Work or in acceptable storage places and not used at the time of such estimate. Ten percent (10%) shall be retained from the value of such materials until final payment. Such materials, when so paid for by the Village, shall become the property of the Village, and in the event of default by the Village, shall become the property of the Village, and in the event of default by the contractor, the Village may use or cause to be used such materials in the construction of the work provided for in the contract. The amount thus paid by the Village shall be deducted from estimates due the contractor as the material is used in the work. Partial payment for work or materials shall not be construed as an acceptance of the work or any part of it, or as a waiver of any provisions of the contract. Partial payment will only be granted if in the opinion of the Village sufficient labor and materials have been expended to warrant it. If partial payments are requested, the Contractor shall submit with each payment request a properly completed Contractor's Affidavit setting out, under oath, the name, address and amount due or to become due, of Contractor, each subcontractor, vendor, supplier or other appropriate party included in its cost, and 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. 2023 Water Main Improvements 38 41 j. Acce Lance and Final Pa meat. Whenever the Work shall have been completely performed on the part of the contractor, including Punch list items, and all parts of the Work have been approved by the Village and accepted by the Village, a final payment showing the value of the work will be prepared by the contractor as soon as the necessary measurements and computations can be made, all prior estimates upon which payments have been made being approximate only and subject to correction in the final payment. The amount of this estimate, less any partial or semifinal payments previously made and less any sums that have been deducted or retained under the provisions of the contract, will be paid to the contractor as soon as practicable after the final acceptance, provided the contractor has furnished to the Villlage the required maintenance bond and satisfactory evidence that all sums of money due for any labor, materials, apparatus, fixtures or machinery furnished for the purpose of such work have been paid or that the person or persons to whom the same may be due have consented to such final payment. If final payment is requested, the Contractor shall submit a properly completed Contractor's Affidavit setting out, under oath, the name, address and amount due or to become due, of Contractor, each subcontractor, vendor, supplier or other appropriate party included in its cost, and a full and final waiver of lien for the full amount of the Work, less retainage. The Contractor shall assign over to the Village all manufacturers' and suppliers' warranties respecting any part of the Work. The Contractor shall also deliver to the Village the required maintenance 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 Punch list. The Contractor shall notify the Village when it believes substantial performance of the entire Project has been achieved. The Village, and/or any independent consultant engaged by the Village, shall then inspect the Project site with the Contractor, and prepare and deliver to the Contractor within five (5) days thereafter, a written Punch list indicating items of construction which are not in material conformity with the Contract Documents. The Punch list items shall be completed by the Final Performance Date. Pending completion of Punch list items, the Village may withhold from amounts due to the Contractor an amount equal to but not greater than one and one-half (1'/2) times the estimated cost to complete Punch list items. L 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 2023 Water Main Improvements 39 42 shall leave said project sites in the best possible condition to the complete satisfaction of the Village. m. final Inspection. The Village shall make final inspection of all of the Work, as soon as practicable after notification in writing by the contractor that the work is completed and ready for acceptance. If the Work is not acceptable to the Village at the time of such inspection, the Village shall inform the contractor as to the particular defects to be remedied before final acceptance can be made. n. Alterations Cancellations Extensions and Deductions. The Village reserves the right to alter the plans, extend or shorten the improvement, add such incidental work as may be necessary, and increase or decrease the quantities of work to be performed to accord with such changes, including the deduction or cancellation of any one or more of the unit price items. Such changes shall not be considered as a waiver of any condition of the contract nor to invalidate any of the provisions thereof. A written change order may apply. All Work shall be done under the supervision of the Village's Director of Public Works, or a designated representative who shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress of the work, interpretation of the plans and specifications, acceptable fulfillment of the contract, compensation and disputes and mutual rights between contractors under the specifications. Chane Orders. The Village may from time to time require changes in the Work. Such changes shall comply with Section 33-E9 of the Criminal Code, 720 ILCS 5/33E-9. m. Right of the Villa e 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. 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 2023 Water Main Improvements 40 43 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. i 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. 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 or an authorized representative, has passed. Contractor shall provide warning signs and barricades to safely mark any hazards or detours caused by the work. All such warning signs and barricades for work in, or affecting Village of Mount Prospect streets, access roads, and state highways shall meet all applicable requirements as stipulated in the latest edition of the Manual for Uniform Traffic Control Devices published by the U.S. Department of Transportation. All costs for barricades, signs including all labor and other associated materials shall be incidental to the fixed unit price bid for the pay item TRAFFIC CONTROL AND PROTECTION, SPECIAL. 2023 Water Main Improvements 41 44 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 -LIP. After all work under each task phase of the work is completed, the Contractor shall remove all loose debris and other materials not incorporated in the work from the site of the work. Any clean up or restoration to private property will be the responsibility of the Contractor. e. Construction Noise Restriction. All construction activities or alteration operations within the Village shall be performed only between the hours of 7:00 a.m. and 7:00 p.m. Variations from these time limitations shall be allowed only in the case of maintenance of operation of safety and traffic control devices such as barricades, signs and lighting, or to construction of an emergency nature. More stringent requirements may be assessed for work in state highway or railroad rights-of-way." Working hours outside these times must receive prior approval from the Village. f. General. The work to be performed under the contract includes the furnishing of all supervision, labor, materials, tools, equipment and incidentals of every kind and description necessary for construction, in accordance with the Contract Documents. g. Ins ecfion. 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. 2023 Water Main Improvements 42 45 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 E ui ment. Except where the Specifications indicate otherwise, the Village is not responsible for providing any tools, equipment or storage under the contract in order to permit its completion of any contractual obligations under the contract, which may be awarded as the result of the bid. i. Personnel and E ui mep t, 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. Propeqy PropertyProtection. 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 2023 Water Main Improvements 43 46 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 Safet The contractor shall notify the Director of Public Works at least three (3) days in advance of the starting of any construction work which might in any way inconvenience traffic, and the contractor shall at all times conduct the work in such a manner as to insure the least obstruction to vehicular and pedestrian traffic. Whenever possible, the contractor shall provide and maintain at his own expense such temporary roads and approaches as may be necessary to provide access to driveways, houses, buildings or other property abutting the improvements. In no case will the contractor obstruct entrance ways into private property without first seeking the Village and private property owner's approval. m. Public Relations, The Contractor shall cooperate with the Village of Mount Prospect in maintaining a high degree of sensitivity to the needs of property and business owners along the project route. Contractor will distribute written public work notices to businesses and residences as required by the Village. 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 2023 Water Main Improvements 44 47 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 thework 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. All applicable state standards for traffic control devices, lane closures and traffic control staging shall conform to current IDOT standards at all times. This item of work shall include the furnishing, installing; maintaining, relocating and removing all traffic control devices used for the purpose of regulating, warning, or directing traffic during the construction or maintenance of this improvement. When traffic is to be directed over a detour route, the Contractor shall furnish, erect, maintain and remove all applicable traffic control devices and signing along the detour route according to the details shown in the plans. The governing factor in the execution and staging of work for this project is to provide the motoring public, residents, and business owners with the safest possible conditions along the roadway and in the construction zone. The Contractor shall so arrange his operations as to keep the closing of any lane of the roadway to a minimum. All operations which require a reduction in the number of lanes of traffic shall comply with the aforementioned standards including a flagman posted at each end of the lane closure at all times. "stop" and 'slow" paddles shall be used to control 2023 Water Main Improvements 45 48 traffic. Flags will NOT be allowed as the sole means of traffic control. Minimum lane widths shall be 10 feet. Single lane roads will not be allowed without flagmen, and under no circumstances will a one lane condition remain overnight unless approved by the Village of Mount Prospect. Type II barricades with working steady burn light units shall be used whenever the change in pavement height exceeds 2 inches due to any construction activity and at all butt joints. The Engineer reserves the right to stop any construction activity when traffic control is neglected. Traffic control devices include signs and their supports, signals, pavement markings, barricades (with sandbags if necessary), channelization devices, warning lights, arrow boards, flaggers, or any other device used for the purpose of guiding traffic through or detouring around the construction zone. The Contractor will be responsible for the proper location, installation, and arrangement of all traffic control devices. Special attention shall be given to advance warning signs during construction operations in order to keep lane assignment consistent with barricade placement at all times. The Contractor shall cover or remove all traffic control devices which are inconsistent with detour or lane assignment patterns during the transition from one construction stage to another. The Contractor shall ensure that all traffic control devices installed by him are operational 24 hours a day, including Sundays and Holidays. The Contractor shall be reachable on a 24 hour a day basis to receive notification of any deficiencies regarding traffic control and protection and shall dispatch personnel, materials, and equipment to correct any such deficiencies. The Contractor shall respond to any call from the Village concerning a request for improving or correcting traffic control devices and begin making the requested repairs within two hours from the time of notification. When traveling in lanes open to public traffic, the Contractor's vehicles shall always move with and not against the flow of traffic. These vehicles shall enter and leave work areas in a manner which will not be hazardous to or interfere with traffic and shall not park or stop except within designated work areas. Those vehicles belonging to the Contractor or his employees shall remain on Village property only and shall not pull into, park, or block any access to private property. Any drop off greater than three inches, but less than six inches, within eight feet of the pavement edge shall be protected by Type I or II barricades equipped with mono -directional steady burn lights at 100 -foot center to center spacing. If the drop off within eight feet of the pavement edge exceeds six inches, the barricades mentioned above shall be placed at 50 -foot center to center spacing. Barricades that must be placed in excavated areas shall have leg extensions installed such that the top of the barricade is in compliance with the height requirement of Standard 702001. Vertical panels or other delineating devices may be substituted for Type I or Type II barricades with the approval of the Engineer. 2023 Water Main Improvements 46 49 Delays to the Contractor caused by complying with these requirements will be considered included in the price of the pay item TRAFFIC CONTROL & PROTECTION and no additional compensation will be allowed. 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 Tree Protection Detail (see construction drawings) 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. Trees that may be caused to be removed are called out on the Plan Sheets. Coordination with the Village should be made for final determination if these trees can be saved. If they are to be removed the cost of the Tree Removal shall be considered incidental to the contract. CRITICAL ROOT ZONE: To prevent unnecessary damage to existing public trees during construction, proper tree protection guidelines must be followed, particularly in the root zone where major support roots securely hold the tree in the soil. This Critical Root Zone (CRZ) is defined as the entire ground area within the vertical projection of the crown of a tree. This is also commonly referred to as the area within the drip line of a tree. Power equipment may not be used to excavate soil, change grades, or dig trenches in the Critical Root Zone. All soil excavation done within the CRZ must be done by hand, except as authorized in these specifications. Exceptions to the above shall be granted only with written permission from the Director of Public Works. FENCING: All unpaved ground on public property within the Critical Root Zones (CRZ) of existing trees subject to construction damage shall be fenced before any work is started. This Tree Protection Fencing will be paid for as specified in these contract documents. Once assembled, no fencing shall be removed without prior approval of the Engineer, and there shall be no construction activity or material including storage, stockpiling, and equipment access within the enclosure. Fencing material shall be orange polypropylene snow fence supported with metal posts, and installed according to the detail which will be provided by the Forestry Division. CHANGES TO EXISTING GRADE: No changes to original grade shall be allowed inside the CRZ. ROOT PRUNING DURING CONSTRUCTION: All tree roots greater than two inches (2") in diameter that are encountered in any construction process shall be cut cleanly with an appropriate saw or pruning shear or other tool specifically 2023 Water Main Improvements 47 50 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 E ui ment and Labor Rate Chap° es. Additionally, the Village may fine the contractor for unnecessary tree damage according to the schedule listed in Appendix A, Division III of the Village Code. If in the opinion of the Village, the amount of damage warrants removal of the tree due to safety or aesthetic concerns, the Contractor shall remove the tree, along with its stump to a depth of 12 inches below grade. The Contractor shall pay the Village for replacement of the tree. Replacement cost will be determined by multiplying the diameter of the damaged tree, as measured 4-1/2 feet above the ground, by the rate of $150.00/inch. The Contractor shall be responsible for being familiar with and complying with all aspects of the Village of Mount Prospect Tree Protection ordinances and Arboricultural Standards Manual as they relate to the various site locations. Any questions regarding tree protection shall be directed to the Village Forestry Division and their response or direction shall be considered as the final word/decision on tree protection issues. Any costs for tree protection fencing, posts, labor or other associated labor or material shall be incidental to the fixed cost per unit bid. s. WQrk In Street Right — of — Way. All of contractor's construction work in street rights-of-way shall be done in strict accordance with the applicable controlling public agency's construction specifications, permitting, bonding, rules, and regulations. 2023 Water Main Improvements 48 51 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. 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°/x) 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 to ensure payment for all labor and materials, including compliance with the provisions of law relating tothe 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 ithas 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 and IMEG Corporation shall be named as additional insured on all applicable insurance policies. Satisfactory certificates of insurance shall be filed with the Village upon execution of the Contract. The certificates shall state that thirty (30) days advance written notice will be given to the Village before any policy covered thereby is changed or canceled. 2023 Water Main Improvements 49 52 Insurance coverage shall be in the following minimum amounts: Limit/ Limit/ Type of Insurance Ea. Occurrence Aggregate General Liability Bodily Injury $1,000,000 $3,000,000 Property Damage $1,000,000 $3,000,000 Contractual Ins. $1,000,000 $3,000,000 Automobile Liability Bodily Injury Property Damage Workers Compensation Employee Claims Employers Liability $1,000,000 $1,000,000 $1,000,000 $1,000,000 Statutory for Illinois $1,000,000 per accident a 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. 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. 2023 Water Main Improvements 50 53 b. Observance of Laws Ordinances and Re ulations Certifications of Compliance with Applicable Laws. The contractor shall, at all times during the life of this contract, observe and abide by all federal, state and local laws which in any way affect the conduct of the work and with all decrees and orders of courts or agencies of competent jurisdiction. Likewise, said contractor shall be governed by all municipal ordinances and regulations which in any way affect the conduct of the work. The contractor shall indemnify and save harmless the owner, its officers, agents, and employees against any claim or liability arising from or based on his violation of any law, ordinance, regulation, decree or order. The bidder and contractor, as successful bidder, shall comply with all applicable state, federal and local laws, including, but not limited to the following: Bid Aiin /Notating,. 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. i. 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) i 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.) A. E Ual employment 00DOrtUnity. 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: 2023 Water Main Improvements 51 54 EQUAL EMPLOYMENT OPPORTUNITY In the event of the contractor's non-compliance with the provisions of this Equal Employment Opportunity Clause or the Act, the contractor may be declared ineligible for future contracts or subcontracts with the State of Illinois or any of its political subdivisions or municipal corporations, and the contract may be cancelled or voided in whole or in part, and other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of this contract, the contractor agrees as follows: 1) That he or she will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, order of protection status, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability, military status or an unfavorable discharge from military service; and, further, that he or she will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any underutilization. 2) That, if he or she hires additional employees in order to perform this contract or any portion of this contract, he or she will determine the availability (in accordance with this Part) of minorities and women in the areas from which he or she may reasonably recruit and he or she will hire for each job classification for which employees are hired in a way that minorities and women are not underutilized. 3) That, in all solicitations or advertisements for employees placed by him or her or on his or her behalf, he or she will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, order of protection status, national origin or ancestry, citizenship status, age, physical or mental disability unrelated to ability, military status or an unfavorable discharge from military service. 4) That he or she will send to each labor organization or representative of workers with which he or she has or is bound by a collective bargaining or other agreement or understanding, a notice advising the labor organization or representative of the contractor's obligations under the Act and this Part. If any labor organization or representative fails or refuses to cooperate with the contractor in his or her efforts to comply with the Act and this Part, the contractor will promptly notify the Department and the contracting agency and will recruit employees from other sources when necessary to fulfill its obligations under the contract. 5) That he or she will submit reports as required by this Part, furnish all relevant information as may from time to time be requested by the Department or the contracting agency, and in all respects comply with the Act and this Part. 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. 2023 Water Main Improvements 52 55 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, \1 PREVAILING WAGE. This contract calls for the construction of a "public work" within the meaning of the Illinois Prevailing Wage Act, 820 ILCS 130/1, et seq., as amended (the "Act"). The Contractor and all subcontractors are required to pay wage rates in accordance with the Act to all laborers, workers and mechanics. The Village has adopted the prevailing wages as determined by the Illinois Department of Labor ("IDOL") for Cook County. The prevailing rate of wages is revised by the IDOL and is available on the IDOL website, www.stg1pJl.us/,acLenp/ dol/rate/'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 2023 Water Main Improvements 53 56 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. be Compliance with Freedom of Information Act Re nest. Section 7 of the Illinois Freedom of Information Act (FOIA), 5 ILCS 140/7, applies to public records in the possession of a party with whom the Village of Mount Prospect has contracted. The Village of Mount Prospect will have only a very short period of time from receipt of a FOIA request to comply with the request and there is a significant amount of work required to process a request including collating and reviewing the information. The bidder/contractor acknowledges the requirements of FOIA and agrees to comply with all requests made by the Village of Mount Prospect for public records (as that term is defined by Section 2(c) of FOIA) in the undersigned's possession and to provide the requested public records to the Village Mount Prospect within two (2) business days of the request being made by the Village of Mount Prospect. The bidder/contractor agrees to indemnify and hold harmless the Village of Mount Prospect from all claims, costs, penalties, losses and injuries (including but not limited to, attorney's fees, other professional fees, court costs and/or arbitration or other dispute resolution costs) arising out of or relating to its failure to provide public records to the Village of Mount Prospect under the contract. x Work Guarant . 1. Maintenance Bond. A maintenance bond or a maintenance letter of credit is required. This maintenance bond or maintenance letter of credit amount shall consist of ten percent (10%) of the final project cost; it shall be posted by the contractor with the Village upon completion of all Work; and it shall be valid and effective for a period of two (2) years after the final acceptance of such Work by the Village for the purpose of guaranteeing against and securing the correction of any defect in material or workmanship furnished for such improvements, latent in character and not discernible at the time of final inspection or acceptance by the Village of Mount Prospect. 2- General Guaranty. Neither partial or final payment, nor any provision in the contract, nor partial or entire use of the product/Work embraced in 2023 Water Main Improvements 54 57 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. A Miscellaneous Contract Re uirements 1. Contract Alterations. No amendment of a contract shall be valid unless made in writing and signed by the Village President, Village Manager, or their authorized representative. 2. Licenses and Permits. The Contractor shall procure at its own expense all necessary licenses and permits in connection with the work under the Contract. 3. Nonassi nabilit . The contractor shall not assign the contract, or any part thereof, to any other person, firm or corporation without the previous written consent of the Village. Such assignment shall not relieve the contractor from its obligations or change the terms of the contract unless agreed by the Village at its sole discretion. 4. Notices. All notices required by the contract shall be given inwriting. 5. Taxes. The contractor shall pay all federal, state and local taxes as may be applicable on all materials, labor and services furnished by it under the contract, and the amounts of such taxes shall be included in the unit prices bid. 2023 Water Main Improvements 6S7 58 SPECIAL PROVISIONS The following Special Provisions supplement the "Standard Specifications for Road and Bridge Construction", adopted April 1, 2016 and the "Supplemental Specifications and Recurring Special Provisions", to be adopted January 1, 2023 (hereinafter referred to as the Standard Specifications); the latest edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD); and the "Manual of Test Procedures for Materials" in effect on the date of invitation for bids; and the "Supplemental Specifications and Recurring Special Provisions" indicated on the Check Sheet included herein which apply to and govern the construction of the 2023 Water Main Improvements in Mount Prospect, Cook County, and in case of conflict with any part or parts of said Specifications, the said Special Provisions shall take precedence and shall govern. GENERAL DESCRIPTION: Payment for all work done in compliance with the Contract Documents, inclusive of furnishing all manpower, equipment, materials, and performance of all operations relative to construction of this project, will be made under pay items listed herein. Work for which there is not a pay item will be considered incidental to the contract and no additional compensation will be allowed. The OWNER reserves the right to alter the drawings, modify incidental work as may be necessary, and increase or decrease quantities of work to be performed in accord with such changes, including deduction or cancellation of any one or more of the pay items. Changes in the work shall not be considered as a waiver of any conditions of the contract nor invalidate any provisions thereof. When changes result in changes in the quantities of work to be performed, the CONTRACTOR will accept payment according to contract unit prices that appear in the original contract. A supplemental agreement between the CONTRACTOR and the OWNER will be required when such changes involve a net increase or decrease of more than 25 percent in the total contract amount. Quantities necessary to complete the work as shown on the drawings or as specified herein shall govern over those shown in the proposal. The CONTRACTOR shall take no advantage of any apparent error or omission in the drawings or specifications, and the ENGINEER shall be permitted to make corrections and interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. Pay items which are to be measured in terms of weight shall be weighed on scales which have been approved by the OWNER prior to receipt of any weighed material. Approved weight tickets must be given to the OWNER prior to the material being placed. The ENGINEER will make measurements and determinations as necessary to classify the work within pay items and determine the quantities for pay purposes; such decisions will be final after three (3) days if the CONTRACTOR does not submit a written notice as defined in the following paragraph. If the CONTRACTOR differs with the Engineer's classification of the pay items or 2023 Water Main Improvements 56 59 determination of quantities of the pay items, he must notify the ENGINEER in writing within three (3) days of the time that the CONTRACTOR is informed of the Engineer's decision. Otherwise the OWNER will not consider any such difference as a claim for payment. Any such written notice received by the ENGINEER from the CONTRACTOR within the three (3) day period shall be just reason for the ENGINEER to re-evaluate his previous decision. TRENCH BACKFILL SPECIAL This item shall consist of furnishing coarse aggregate for backfilling trenches within pavement areas caused by the installation of the new water main or any appurtenances following applicable requirements of the Standard Specifications and applicable Village of Mount Prospect details. Maximum pay quantities will be calculated per Section 20 of the Standard Specifications and the detail shown on the plans. Backfill Compaction shall follow Method 1 of Section 20-4.06B of the Standard Specifications for Water and Sewer Main Construction in Illinois, latest edition. Each lift shall be compacted to 85 percent of standard lab density. The Owner's representative will be checking compaction. This item will be paid for at the contract unit price per cubic yard for TRENCH BACKFILL, SPECIAL, and shall include all labor, compaction, equipment and material necessary to complete this item as specified. TEMPORARY AGGREGATE FOR PATCHES AND DRIVEWAYS SPECIAL This work shall consist of furnishing, installing and subsequently removing and disposing aggregate material for items such as stabilizing sewer trenches and for providing temporary access ramps for driveways and roadways. Due to the temporary nature of this item, the CONTRACTOR will be allowed to use Porous Granular Embankment, Crushed Recycled Concrete, Reclaimed Asphalt Pavement, or crushed stone or gravel following the specification for CA -6 in Section 1004 of the Highway Standards. The material furnished shall be placed to a minimum thickness of 4" and compacted sufficiently to support vehicular traffic without rutting, raveling or pushing and shoving. When temporary asphalt patching is required, the aggregate material in the trenches shall be placed so that the required asphalt may be installed flush with the existing abutting pavement. Material shall be placed in driveways so that vehicles do not scrape or "bottom out". After the temporary driveways and patches have served their purpose, the suitable aggregate shall be removed and, at the direction and approval of the ENGINEER, 2023 Water Main Improvements 57 60 utilized for other purposes, such as for other driveway aprons. Payment for aggregate will be determined by weight tickets and will be paid for its initial use only regardless of the number of times the aggregate is moved. In the event that weight tickets are not available for this item, the ENGINEER and CONTRACTOR will agree on the average cubic yards per truckload being delivered to the site and tonnage will be calculated as follows: Material Tons/C.Y. Porous Granular Embankment 1.69 Tons/C.Y. Recycled Crushed Concrete 1.73 Tons/C.Y. Reclaimed Asphalt Pavement 1.80 Tons/C.Y. Crushed Stone or Gravel (CA -6) 1.98 Tons/C.Y. This work will be paid for at the contract unit price per ton for TEMPORARY AGGREGATE FOR PATCHES AND DRIVEWAYS, SPECIAL which price shall be payment in full for furnishing, transporting, placing, maintaining and removing, reusing or disposing of the aggregate, as herein specified and as directed by the ENGINEER. PCC SIDEWALK REMOVAL AND REPLACEMENT Description: Work under this item includes removing and replacing concrete sidewalk in accordance with Section 21-2.03f of the Standard Specifications for Water & Sewer Construction in Illinois with a minimum thickness of five inches and six inches through driveways. Sidewalks shall be finished to match the existing adjacent sidewalk surfaces. Measurement: Concrete sidewalk will be measured in square feet. Basis of Payment: Concrete sidewalk will be paid for at the contract unit price bid per square foot for PCC SIDEWALK REMOVAL AND REPLACEMENT. COMBINATION CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENT This item shall consist of the removal and replacement of the curb and gutter lying in the path of the proposed water mains, water service lines (5' maximum) or other appurtenances and at locations determined by the ENGINEER during construction. Concrete shall be Class SI following the applicable requirements of Section 606 of the Standard Specifications for Road and Bridge Construction in Illinois. Sub -base shall be crushed limestone following the requirements for CA -6 gravel in Section 1004 of the Standard Specifications for Road and Bridge Construction in Illinois. Curb and gutter removal shall follow applicable requirements of Section 440 of the 2023 Water Main Improvements 58 61 Standard Specifications for Road and Bridge Construction in Illinois. The curb and gutter shall be saw cut the full depth a distance of 5' beyond the edges of the trench. (The distance may be varied slightly to coincide with joints in the existing curb.) Removed material shall be disposed of offsite in a satisfactory manner. Two each No. 4 rebars shall be installed into the ends of all existing curb prior to curb and gutter replacement. The replacement curb and gutter shall conform to the cross section of the existing curb and gutter and shall be constructed on a 4" layer of crushed CA -6 limestone compacted to 95% of the Modified Proctor density. This CA -6 sub -base shall be not less than 1 foot wider than the curb and gutter being constructed. The curb and gutter shall be depressed to meet sidewalks or driveways. The transition rate shall be at the rate of 3" per one foot. The CONTRACTOR shall be responsible for protecting the curb against damage until the concrete has hardened. This item will be paid for at the contract unit price per lineal foot for COMBINATION CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENT, and shall include items such as saw cutting, removal and disposal, granular sub -base, forming, steel reinforcement bars, backfilling and all other labor, equipment and material necessary to complete this item as specified. CASING PIPE IN TRENCH, SPECIAL. This item shall consist of installing steel casing pipe or C900 PVC, DR18 in trench of the size and locations shown on the plans. Work shall follow applicable requirements of Section 41 of the Standard Specifications and Standard Drawing No. 23. The ends of the casing pipe shall be sealed. This item will be paid for at the contract unit price per lineal foot for [SPECIFIED SIZE] CASING PIPE IN TRENCH, SPECIAL of the size specified in the plans, and shall include all necessary labor, equipment and material necessary to construct this item as specified. This item shall consist of connecting the proposed water main to the existing water main at the locations shown on the Plans. Work and materials shall follow applicable requirements of Section 41 of the Standard Specifications and the Material Specifications as shown on the Plans. Retainer glands shall be "Megalug". All bolts shall be stainless steel. Work shall be done in such a manner that will preserve the integrity of the existing water mains and shall be organized in order to minimize the time any user is without water service. All "shutdowns" shall be coordinated with the Village of Mount Prospect Water Department. Minimum 48 hours' notice shall be given to the Water Department so that 2023 Water Main Improvements 59 62 users may be informed of the proposed service shut down. This item will be paid for at the contract unit price each for NON -PRESSURE CONNECTIONS, SPECIAL and shall include items such as excavating, backfilling, compacting, cutting the existing mains, plugging sections to be abandoned, tees, reducers, blocking, retainer glands, and all other labor, equipment and material necessary to complete this item as specified. WATER VALVES SPECIAL This item shall consist of furnishing and installing water valves of the size specified on the proposed water main at the locations shown on the plans. Valves shall be equipped with manual operators designed for submersible service in vaults and provide with two (2) inch Standard AWWA nut. All valves 8 inches and smaller shall be Mueller Resilient Wedge Gate valves #A-2360- 20, non -rising stem gate valves abiding to AWWA C500. All valves larger than 8 inches shall be Pratt -Groundhog Butterfly, Mueller Lineseal III #b-32-11, or approved equal. Valves shall conform to AMA C504 and be approved by the Owner. Work and materials shall follow the applicable requirements of Section 42 of the Standard Specifications. This item will be paid for at the contract unit price each for [SPECIFIED SIZE] WATER VALVES as appropriate and shall include all labor, equipment and material necessary to complete this item as specified. VALVE VAULTS This item shall consist of furnishing and installing valve vaults of the size specified on the proposed water main at the locations shown on the plans. Valve vaults shall conform to ASTM C478 and ASTM C443. Work and materials shall follow the applicable requirements of the valve manufacturer and Section 42 of the Standard Specifications. Valves shall be centered directly under the vault lid opening unless otherwise approved by the Engineer. Valve vaults shall conform to ASTM C478 and ASTM C443. For valves up to and including 8 inches in diameter, valve vaults shall have a forty-eight (48) inch inside diameter; for pressure connections and valves larger than 8 inches in diameter, valve vaults shall have a sixty (60) inch inside diameter. This item will not be paid for separately but shall be included in the cost for VALVE VAULTS, [SPECIFIED SIZE] per each location in the plans and shall include items such as excavation, de -watering, shoring, stone bedding, trench backfill, soil backfill, asphalt paving or sod restoration and all other labor, equipment and material necessary to complete this item as specified. 2023 Water Main Improvements 60 63 Description of Work Fire hydrants shall be Mueller Super Centurion 250 A-423 or approved equal with 5-1/4" main valve, (2) 2-1/2" hose nozzle, (1) 4-1/2" pumper nozzle all national standard, 1-1/2" pentagon, open left (counter -clockwise), 6' bury. Provide 6" N.R.S. resilient wedge gate valve and valve box with "WATER" cast into the lid, Mueller A-2360-16 open left. Zinc caps will be required on all mechanical joint fittings. Fire hydrants shall be located as shown in the details or as directed by the Village and shall be painted in a manner acceptable to the Village. This item will be paid for at the contract unit price each for FIRE HYDRANT INSTALLATION and shall include items such as fire hydrants, trench backfill, 6" hydrant leads, retainer glands, fittings, thrust blocking, washed gravel, filter fabric, and all other labor, equipment and material necessary to complete this item as specified. This item shall consist of the removal of existing fire hydrants and auxiliary valves at the locations shown on the Plans. After the proposed water main has been placed in service and the old main disconnected (abandoned), the old fire hydrant and auxiliary valves shall be removed. After removal of the fire hydrant assembly, the remaining 6" hydrant lead shall be plugged with brick and mortar, and the excavation backfilled. This work will be paid for at the contract unit price each for REMOVE EXISTING FIRE HYDRANTS, and shall include items such as excavation, trench backfill, plugging the hydrant lead and all other labor, equipment and material necessary to complete this item as specified. EXISTING VALVE VAULTS TO BE ABANDONED This item shall consist of abandoning existing valve vaults at the locations shown on the Plans. Work shall follow applicable requirements of Section 605 of the Standard Specifications for Road and Bridge Construction in Illinois. The top of the existing valve vault and frame shall be removed. Care shall be taken to prevent damage to the existing valves and the water mains. The valves shall be left in the "closed" position and the remaining structure shall be filled with CA 6 and compacted to the satisfaction of the ENGINFFR. Restore the area disturbed per page 2 of the plans. This item will be paid for at the contract unit price each for EXISTING VALVE VAULTS TO BE ABANDONED, SPECIAL, and shall include all labor, equipment and material necessary to complete this item as specified. 2023 Water Main Improvements 61 64 CAP AND PLUG EXISTING WATER MAINS This item shall consist of cutting and capping the existing water main with a mechanical plug at the locations shown on the Plans. All fittings shall be Megalugs and conform to ANSI/AWWA C153/A21.53 and C111/A21.11 (current revisions) and follow the applicable requirements of Section 40 of the Standard Specifications. This work will be paid for at the contract unit price each for CAP AND PLUG EXISTING WATER MAINS, SPECIAL, and shall include items such as excavation, trench backfill, capping the water main, thrust blocks, and all other labor, equipment and material necessary to complete this item as specified. TEE AND VALVE REMOVAL This item shall consist of the removal of a tee, valve and vault, cutting and capping the existing water main to be abandoned, and installing new pipe for the water main to remain in service as shown on the Plans. All fittings shall be according to the Pipe Material shown on Page 2 of the plans. This work will be paid for at the contract unit price each for TEE AND VALVE REMOVAL, and shall include items such as excavation, trench backfill, tee and valve removal, vault removal, new spool piece installation of the correct size, thrust blocks, and all other labor, equipment and material necessary to complete this item as specified. TRAFFIC CONTROL AND PROTECTION SPECIAL Description: The work of this lump sum payment item consists of providing traffic control throughout the construction process in conformance with Federal, State, and Local regulations. All forms of traffic control on public roadways required by the construction operations shall be in accordance applicable portions of Section 701 of the "Standard Specifications for Road and Bridge Construction", latest edition, and with the Manual of Uniform Traffic Control Devices for Streets and Highways, Traffic Control for Highway Construction, and Maintenance Operations. At the Pre -Construction Meeting, the CONTRACTOR shall furnish the name and 24- hour phone number of the individual in his direct employ who is responsible for the installation and maintenance of the traffic control for the project. The CONTRACTOR is responsible to ensure that all barricades, warning signs, lights, and other devices are in place and operating 24 hours each calendar day this contract is in effect. 2023 Water Main Improvements 62 65 The CONTRACTOR shall respond promptly to requests by the OWNER for corrections or additional traffic control to be implemented. If the OWNER must make corrections to the traffic control, the CONTRACTOR will be billed for the cost. Traffic control will be paid for at the lump sum price bid for TRAFFIC CONTROL AND PROTECTION, SPECIAL. E. CENTRAL RD The CONTRACTOR shall be responsible for securing all governing agency Road Right - of -Way, Soil Erosion, and Water use permits including paying for all costs associated with the permit and bonds. Note: No work may be performed within IDOT Right of Way until a signed permit is issued. WATER SERVICE LINE CONNECTION This item shall consist of abandoning the existing water service line, pressure taping the new water main, directional boring a new 1-1/2" Type K Copper service line, installing a new B -box, and connecting to the existing service line. Service saddles shall be Mueller Double Strap Brass H-16000 Series with corporation stop type Mueller H-15000 Low Lead Series. Curb stops shall be Mueller Mark II Oriseal H-15154 model with a Mueller H-103304 LL B -Box. Service lines shall be installed by directional bore. V -Bio polyethylene encasement shall be retaped following tap and service line installation. Connections sizes and types beyond the B -box may vary in size. Additional compensation will not be provided for connection to various sizes or types of service lines. This work shall be paid for at the contract unit price for WATER SERIVCE CONNECTIONS, NEAR SIDE, 1.5", SPECIAL or WATER SERVICE CONNECTIONS, FAR SIDE, 1.5", SPECIAL. `Near side' is defined as the water service connections that are on the same side of the street as the proposed water main. `Far side' is defined as the water service connections on the opposite side of the street of the proposed water main. These pay items shall include all labor, equipment, and material necessary to complete this item as specified. 2023 Water Main Improvements 63 66 An environmental assessment of the project areas has been performed and it was found that there is no reason to believe that these project sites contain contaminated soils. Uncontaminated Soil Certification Forms LPC -663 has been provided at the end of these bid documents. The full environmental data report can be provided upon request. 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 use 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. 2023 Water Main Improvements 64 67 CONTRACT DOCUMENTS FOR THE VILLAGE OF MOUNT PROSPECT, ILLINOIS 2023 Water Main Improvements DATE: February 13, 2023 BID OPENING: February 27, 2023 LOCATION: 50 South Emerson Street, 3rd Floor, Village Manager's Office Please note the following clarifications, revisions, and additions the bid documents. To All Prospective Bidders: All BIDDERS for the above contract shall carefully read the enclosed addendum and consider its impact in the preparation of their 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. The contractor shall reach substantial completion by October 1, 2023 with final completion by October 31 2023. Substantial completion shall be defined as the completion of all work except for site restoration. 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. Page 1 of 2 BIDDERS ACKNOWLEDGEMENT OF RECEIPT CONTRACT DOCUMENTS FOR THE VILLAGE OF MOUNT PROSPECT, ILLINOIS 2023 Water Main Improvements ADDENDUM NO. 1 BIDDER hereby acknowledges receipt of Addendum No. 1 Company Name:. Signature: Print Name: Position/Title: Date: Note: This Addendum shall be included with and is considered part of the bid documents. Failure to return this form may result in disqualification of the BIDDER. Include this original in your bid. M. PERFORMANCE REFERENCE FORM Each BIDDER shall supply three (3) names, addresses, telephone numbers and names of persons to contact as performance references. Company Name: ,.w�_.:.. _. Address ,•A�/ City & State .......... ---- .... Telephone Number, ..... . _.M::...... . ! :_ _ ..r �..._......_ . ...... ..._...._..___.- Person to Contact : ..L',L�z�s.�...�.._� Title/Position...................... Company Name: .................. _......t -a-L L- -.—a. Address Cit& State . Telephone Number...............w...�;...,......._..:p.�_.�..r��...t��w.._._ Person to Contact Title/Position .......................: o� Company Name: ........... Address.............................. : _ � ... '._.._ a` ..._w_ .. .` _ .._.m_......._w_.w_ .........._.._ Cit& State y �M.. rv;....�- .........._- ...w__.....fm�_ ......_. TelephoneNumber........w..�..: ..� ......� _............w,.....�.�.�..9,��......._..................._�_._.w_. v...._ Person to Contact ................: . Title/Position.................,,, "' ... k: __. a .._ ..w' 70 THE AMERICAN INSTITUTE "ITUT OF ARCHITECTS CTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Cerardi Sewer & Water Co. 1785 W Armitagee _oullt AddisoCl, I.L 0101 _ � .�.. _ ...__.� ........ as Principal, hereinafter called the Principal, and Swiss Re Cor orate Solutions America Insurance Corporation a corporation duly organized under the laws of the State of MO as Surety, hereinafter called the Surety, are held and firmly bound unto Villa a of Mount Pros ect 50 South Emerson Street Mount Pros eat IL 5005fa as Obligee, hereinafter called the Obligee, in the sum of Ten Pfrcentf,gT,gu. n,1 Ld ,,,,_,_ Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 2023 Water Main Im rovements Pra'ect NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 27th I day of February 2023 AIA DOCUMENT A310 0 BID BOND • AIA 0 FEBRUARY 1970 ED. 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 71 SS STATE OF ILLINOIS COUNTY OF DuPAGE I, Karen A. Ryan Notary Public of DuPage County, in the State of Illinois , do hereby certify that Kirr�berl Holmes, Attorney -in -Fact, of the Swiss [ e r NpAor a n Cto who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that she signed, sealed and delivered said instrument, for and on behalf of the Swiss Fie Coraorate SolUtin America Insurance Cor orationrar the used and purposes therein set forth. Given under my hand and notarial seal at my office in the City of Na erville in said County, this Q � J'tx day of J ��—A.D., 2023. (Notary Pubrc) Karen A. l' My Commission expires; Notary Seal:gF .su'L Aor . Ryan STATE or' ILLI"O's p, May 15, 2024 My 72 SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC") GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City, Missouri, each does hereby make, constitute, and appoint: Kimberly R. Holmes Principal: Gerardi Sewer & Water Co. Obliget: Village of Mount Pros ae Bonf1 Description: 2023 Wi'Ita r Dalin Improvements Project Bond Nurubcr; Rid Bond Bond Amount: See Bond Form Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on Its behalf and as Its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the fallowing Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 91h of May 2012; "RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,, and any such lower of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the fixture with regard to any bond, undertaking or contract of surety to which it is attached." s+' sNwwem4x....Avy ,t, yy, a�CaF seek f kar ° *r as rsrs,rn Eriik Janssens. Senior Vice President orrs k's,%i grarnk'a,o vic r eoo* 9rrsw of SRCSPIC S E A L S EAL a�1J�"O��y„ �� 11w � l� ., �„�„ "�, J�.�, •.,,,,„,,, ,� , e Grnld Jagrossski, Vice President of SHCSA1C&Vire President of SRCSPIC IN WITNESS WHEREOF. SRCSAIC and SRCSPIC have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 10TH day of(dDV (Etw 20 22 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation County of Cook ss On this 10TH day of, tt)Vd'Etr SER , 20 22 , before me, a Notary Public personally appeared , Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and i; , Vice President of SRCSAIC and Vice President of SPCSPIC, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies, aWAL SEAL NA MANISCOn. 0AM 0F' t~ Ffank I, ll the duly elected " " " M of SRCSAIC and SRCSPIC, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 27th day of February . 2023 . r, Jeffrey Goldberg, Senior Vice President & Assistant Secretary of SRCSAIC and SRCSPIC 73