Burning Bush Lane Street Lighting_Specs.PDF

Bid Request For

BURNING BUSH LANE STREET LIGHTING

BID OPENING:

September 29, 2025 – 1:00 P.M. Local Time 50 S. Emerson Street, Mount Prospect, Illinois 60056

Mount Prospect Public Works Department 1700 W. Central Road, Mount Prospect, Illinois

60056-2229

NOTICE TO BIDDERS

Burning Bush Lane Street Lighting

Village of Mount Prospect

Sealed bids will be received until 1:00 p.m. on September 29, 2025, 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 Burning Bush Lane Street Lighting”

The project consists of installing new streetlights, conduits, cables, and lighting controller on Burning Bush Lane from Kensington Road to Euclid Avenue in the Village of Mount Prospect, Illinois.

Electronic copies of the bidding documents are available from the Village of Mount Prospect’s bidding website (https://www.mountprospect.org/bids). Bid proposals must be submitted using the forms provided. Questions regarding this project should be directed to Joe Vondra of Ciorba Group, Inc., 773-775-4009, jvondra@ciorba.com.

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Offers may not be withdrawn for a period of ninety (90) days after the bid date without the consent of the Board of Trustees.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 subsequent to the aforementioned date and time, will be disqualified and returned to the bidder.

The Village reserves the right in its sole discretion, to reject any and all bids or parts thereof, to waive any irregularities, technicalities, and informalities in bid procedures and to award the contract in a manner best serving the interests of the Village.

Village Manager Michael J. Cassady https://www.mountprospect.org/bids mailto:jvondra@ciorba.com.

TABLE OF CONTENTS

Page

Notice to Bidders 2

Table of Contents: 3

Instructions to Bidders 4

General Conditions 10

Special Provisions 32

Contract Pay Items 35

Bid Form 46

Affidavit – Bid Certification Form 49

Bid Security 51

Bid Sheet 52

Contract 54

Labor and Material Payment Bond 60

Performance Bond 63

Supporting Documents

• Burning Bush Lane Street Lighting – plan set

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 September 29, 2025. Envelopes shall be plainly marked, “Sealed Bid for Burning Bush Lane Street Lighting” 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 no pre-bid conference for this project.

3. Bid Deposit; Surety. A bid deposit in the amount of ten percent (10%) of the total bid amount, payable to the Village, is required, unless otherwise stated in the bid package.

The deposit must be in the form of a bid bond, certified check, or a bank cashier’s check. All bid performance deposit checks will be retained by the Village until the bid award is made, at which time the checks will be promptly returned to the unsuccessful bidders. The bid performance deposit check of the successful bidder will be retained until surety bonding requirements have been satisfied and proof of insurance coverage is provided.

4. Alternate Multiple Bids/Specifications. The Specifications describe the services that the Village feels are necessary to meet the performance requirements of the Village. It is not the desire or the intent to eliminate or exclude any bidder from bidding because of minor deviations, alternates or changes.

Bidders desiring to bid on services which deviate from these Specifications, but which they believe are equivalent, are requested to submit alternate bids. However, alternate bids must be clearly indicated as such, and deviations from the applicable Specifications should be plainly noted. The bid must be accompanied by complete Specifications for the services offered. Bidders wishing to submit a secondary bid must submit it as an alternate bid. There is to be only one bid per envelope. The Village shall be the sole and final judge unequivocally as to whether any substitute is of equivalent or better quality. This decision is final and will not be subject to recourse by any person, firm or corporation.

If the bidder wishes to qualify its bid or make special stipulations thereto, such qualifications or stipulations shall be stated on standard letterhead size sheets of paper, all attached to the bid form.

5. Erasures. All erasures or revisions of the bid must be initialed by the person signing the bid.

6. Receiving Of Bids. Bids received prior to the time of opening will be securely kept, unopened. The Village Clerk or his/her designee, whose duty it is to open the bids, will decide when the specified time has arrived, and no bid received thereafter will be considered. No responsibility will be attached to the Village or its representatives for the premature or non-opening of a bid not properly addressed and identified, except as otherwise provided by law.

7. Late Bids. Bids arriving after the specified time, whether sent by mail, courier, or in person, will not be accepted. These bids will either be refused or returned unopened. It is the bidder’s responsibility for timely delivery regardless of the method used. Mailed bids which are delivered after the specified hour will not be accepted regardless of post marked time on the envelope.

8. Bids By Email and Fax. Email and Facsimile machine transmitted bids will not be accepted.

9. Error In Bids. When an error is made in extending total prices, the unit bid price will govern. Otherwise, the bidder is not relieved from errors in bid preparation.

10. Withdrawal Of Bids. A written request for the withdrawal of a bid or any part thereof may be granted if the request is received by the Director of the requesting Department prior to the specified time of opening. After the opening, the bidder cannot withdraw or cancel its bid for a period of ninety (90) calendar days, or such longer time as stated in the bid documents.

11. Bidders Qualifications. All bidders must submit the following information on or before the time at which the bid is required to be submitted:

a. The location of the bidder’s permanent place of business.

b. Evidence of ability to provide an efficient and adequate plan for executing the work.

c. A list of similar projects carried out by the bidder.

d. A list of projects the bidder presently has under contract.

e. Any additional evidence tending to show that the bidder is adequately prepared to fulfill the contract.

12. References; Background Check. Bidders shall include with its bid, on a separate sheet attached to the bid, the names of three (3) references regarding its financial qualifications and three (3) references regarding its qualifications by experience, ability, personnel and equipment to undertake work of the nature and extent contemplated by the bid and Specifications. References must include company name, address, contact person, and telephone number. The Village reserves the right to reject bids not accompanied by the required references.

All Bidders, as a condition of and prior to entry into a contract, agree that a complete background investigation of the principals of the Bidder and all employees who will work on the project may be made. Bidders agree to cooperate with the appropriate Village personnel to supply all information necessary to complete these investigations. The

Village in its complete discretion may disqualify any Bidder, including a low Bidder, and may void any contract previously entered into based upon its background investigation.

13. Consideration of Bid and Contract. No bid will be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to the Village upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the Village or had failed to perform faithfully any previous contract with the Village within two (2) years prior to the date of the invitation to bid.

14. Conditions. Bidders are responsible to become familiar with all conditions, instructions and Specifications governing this bid. The bidder is responsible to visit the 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 caused to alter the original bid or to request additional compensation. No extra compensation will be allowed to 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. Prices. Unit prices shall be shown for each unit on which there is a bid, and shall include all packing, crating, freight, and shipping charges, and cost of unloading at the destination unless otherwise stated in the bid.

Unit prices shall not include any local, state, or federal taxes. The Village is exempt, by law, from paying state and village retailer’s occupation tax, service occupation tax, and federal excise tax. The Village will supply the successful bidder with its tax exemption number.

Cash discounts will not be considered in determining overall price but may be used in an overall evaluation.

17. Qualifications of Contractors. Factors: It is the intention of the Village to award the Contract only to a bidder who furnishes satisfactory evidence that it has the requisite experience, ability, capital facilities, plant organization and staffing to enable it to perform the work successfully and promptly, and to complete the work within the time set forth in the Bid Documents. The Village shall consider the following factors:

a. The lowest responsible bid.

b. The ability, capacity, and skill of the bidder to perform the contract to provide the service required.

c. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference.

d. The character, integrity, reputation, judgment, experience, and efficiency of the bidder.

e. The quality of performance of previous contracts of services.

f. The previous and existing compliance by the bidder with laws and ordinance relating to the contract or service.

g. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service.

h. The quality, availability, and adaptability of the supplies or contractual service to the particular use required.

i. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.

j. The number and scope of conditions attached to the bid.

k. Whether the bidder has a place of business in the Village.

l. Responsiveness to the exact requirements of the invitation to bid.

m. Ability to work cooperatively with the Village and its administration.

n. Past records of the bidder’s transactions with the Village or with other entities as evidence of the bidder’s responsibility, character, integrity, reputation, judgment, experience, efficiency, and cooperativeness.

o. Any other factor that the Village may legally consider in determining the bid that is in the best interests of the Village.

18. Award Or Rejection. The Village, at its sole discretion, reserves the right to reject any and all bids or parts thereof, to waive any irregularities, technicalities and informalities, and to award a bid in the best interests of the Village. Any bid submitted will be binding for ninety (90) calendar days after the date of the bid opening.

Bidders shall make all investigations necessary to thoroughly inform themselves regarding the equipment or supplies to be furnished in accordance with the bid. No plea of ignorance by the bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary examinations and investigations will be accepted as a basis for varying the requirements of the Village or the compensation to the bidder.

Any bidder’s exceptions to the terms or conditions, or deviations from the written Specifications must be shown in writing and attached to the bid form. No verbal exceptions or agreements with employees of the Village will be considered valid. Such exceptions or deviations can be cause for rejection of the bid proposal. Any exceptions not taken by the bidder shall be assumed by the Village to be included.

A contract will be awarded to the lowest responsible bidder complying with the conditions of the bid documents only when it is in the best interest of the Village to accept the bid. The Village shall be the sole judge of compliance with the Specifications.

19. Other Requirements.

a. New Equipment. The bidder certifies that any equipment to be furnished shall be new, current model, standard production and fully operable, unless otherwise indicated on the bid form.

b. Material, Equipment and Service Standards. Unless otherwise directed by the Specifications, all materials, equipment and services provided will meet standards or requirements which would normally be anticipated in common practice. The bidder guarantees that all applicable federal, state and local laws, including OSHA, are being complied with in connection with the bid and any resultant contract or purchase by the Village.

c. Data; Proprietary. Complete and detailed brochures and specifications for vehicles equipment, materials, goods, supplies and/or services to be furnished must be included with each bid. Any reservations on the use of data contained in a bid must be clearly stated in the proposal itself. Unless stated otherwise, information submitted in response to the bid is not proprietary or confidential.

d. Patented Devices, Materials, And Processes. Contract prices are to include all royalties and costs arising in the Work. It is the intent that whenever the Bidder is required or desires to use any design, device, material, or process covered by patent or copyright, the right of such use shall be provided for by suitable legal agreement with the patent owner.

20. Requirement of Bidder. The successful bidder shall, within ten (10) days after notification of the award of the contract: a) enter into a contract in writing with the Village covering all matters and things related to its bid; and b) furnish the required certificate of insurance and bonds.

21. Bid Certification Form. All bid submittals must include a signed Bid Certification Form (copy attached) certifying non-collusion in the bid, and that the bidder is in compliance with Sections 33E-3 and 33E-4 of the Illinois Criminal Code regarding bid rotating and bid-rigging, 720 ILCS 5/33E-3, 33E-4, compliance with the Illinois Drug Free Workplace Act, 30 ILCS 580/1, et seq., and Substance Abuse Prevention in Public Works Projects Act, 820 ILCS 265/1 et seq., that it is not delinquent in the payment of taxes (65 ILCS 5/11-42.1) and that it has a written sexual harassment policy in place in full compliance with Section 2-105 of the Human Rights Act, 775 ILCS 5/2-105, as amended, Sections 33E-3 and 33E-4 states that it is unlawful to participate in bid-rigging and/or bid rotating. Therefore, all bidders must certify, under oath, that they are not barred from bidding on the contract as a result of a violation of Sections 33E-3 and/or 33E-4, prohibiting bid-rigging and bid rotation. Therefore, the Bid Certification Form must be notarized.

22. Interpretation of Bid Documents. Any bidder in doubt as to the true meaning of any part of the Specifications or other bid documents shall submit a written request for interpretation to Project Engineer Donna Brown. P.E., no later than five (5) calendar days prior to the date set for the opening of the bid. Any questions received after that time may be answered at the discretion of the Village.

In the event that the Village finds a question to be adequately addressed in the existing bidding documents, the question may be answered in writing by directing the requesting bidder to the applicable provision(s) in the existing bid documents. No further clarifications or interpretations will be issued.

Bidders will acknowledge receipt of any addendum issued by so noting on the bid sheet.

Oral explanations are not binding.

Questions about this Request for Bids should be directed to:

Joseph Vondra, PE, LC

Ciorba Group, Inc.

8725 West Higgins Road, Suite 600

Chicago, IL 60631 Phone: 773-775-4009

Email: jvondra@ciorba.com

End of Instructions to Bidders mailto:jvondra@ciorba.com

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.

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 “Performance Bond” and “Labor and Material Payment Bond” and “Letter of Credit” shall mean the approved form of security furnished by the contractor and its financial institution as a guarantee that it will execute the work and pay all material providers and subcontractors.

The terms “Plans” or “Contract Drawings” shall mean all official drawings or reproductions of drawings pertaining to the work provided in the contract.

The phrase “Project Schedule” shall mean the critical path schedule submitted by Contractor to the Village, which includes targeted dates of completion through the Substantial Completion Date.

The term “Punchlist” shall mean a list of items to be completed after Substantial Performance.

The phrase “Special Provisions” shall mean any special directions and requirements prepared to cover the method or manner of performing work on a particular project or cover the quantities or quality of the materials to be furnished under the contract which are not covered in the STANDARD SPECIFICATIONS. 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 2022 “STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE

CONSTRUCTION (R&BC), and the “STANDARD SPECIFICATIONS FOR WATER AND SEWER MAIN CONSTRUCTION IN ILLINOIS” prepared by the ISPE, CECI, et al, latest revision.

The term “Subcontractor” shall mean any individual, firm or corporation other than the contractor supplying labor, equipment, tools and materials for use in the work of the contract.

The phrase “Substantial Performance” shall mean the date that the entire Project can be used for the purposes for which it was intended, i.e., only 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.

2. AWARD OF CONTRACT; PERFORMANCE; PAYMENT.

2.1. AWARD OF CONTRACT. The Village will issue a Notice of Award to the successful bidder, advising that it has been awarded the contract. Within ten (10) days of delivery of the Notice of Award, by personal service or registered or certified U.S. mail, posted prepaid and receipt requested, Contractor shall execute the Contract, attached to the Bid Documents, and furnish the Village with the required bonds and certificate of insurance.

2.2. NOTICE TO PROCEED. Upon the Village’s receipt of the executed Contract, required bonds, and certificate of insurance, the Village will issue and send to Contractor a Notice to Proceed, which will start the performance period.

2.3. SUBSTANTIAL PERFORMANCE; FINAL COMPLETION.

2.3.1. The Contractor shall begin work no later than November 10, 2025, and the Contractor shall be substantially performed of all underground and restoration work no later than December 11, 2025, with 10 working days given for the installation of the light poles, mast arms, luminaires, controller and all final wiring and testing after delivery of all items to the Contractor (the "Substantial Performance Date") unless the Village agrees to an alternate schedule with valid reasoning provided by the Contractor.

Substantial Performance is when the entire Project can be used for the purposes for which it was intended. Only punch list items are to remain uncompleted at the Substantial Performance Date.

2.3.2. Final completion shall be 10 working days after substantial completion (the "Final Performance Date") unless the Village agrees to an alternate schedule with valid reasoning provided by the Contractor.

2.4. 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. The Contractor shall monitor schedule progress and provide monthly updates and revisions of the Project Schedule, as needed to Village.

2.5. LIQUIDATED DAMAGES FOR INEXCUSABLE DELAY.

2.5.1. 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.

2.5.2. Provided, however, that if the completion of this contract is delayed by the Village, by general strikes, acts of God, or casualty beyond the control of the Contractor, then and in such event, the time of completion of this contract shall be extended for such additional time as shall be caused by such delay.

2.5.3. 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.

2.6. MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the Village according to United States standard measures.

2.7. PAYMENT. Payment under the Contract will be made in accordance with the Illinois Local Government Prompt Payment Act, 50 ILCS 505/1 et seq.

2.8. 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.

2.9. PARTIAL PAYMENT. When requested, the Contractor will make an approximate estimate, in writing, of the materials in place completed, the amount of work performed, and the value thereof, at the contract unit prices. From the amount so determined, there shall be deducted ten percent (10%) to be retained until after completion of the entire Work to the Village for payment, except that no amount less than $500 will be so certified unless the total amount of the contract is less than $500.

In addition, an estimate may, at the discretion of the Village and upon presentation of receipted invoices and freight bills, be made for payment of the value of acceptable materials delivered on the Work or in acceptable storage places and not used at the time of such estimate. Ten percent (10%) shall be retained from the value of such materials until final payment. Such materials, when so paid for by the Village, shall become the property of the Village, and in the event of default by the Village, shall become the property of the Village, and in the event of default by the Contractor, the Village may use or cause to be used such materials in the construction of the work provided for in the contract. The amount thus paid by the Village shall be deducted from estimates due the Contractor as the material is used in the work.

Partial payment for work or materials shall not be construed as an acceptance of the work or any part of it, or as a waiver of any provisions of the contract. Partial payment will only be granted if in the opinion of the Village sufficient labor and materials have been expended to warrant it.

If partial payments are requested, the Contractor shall submit with each payment request a properly completed Contractor’s Affidavit setting out, under oath, the name, 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.

2.10. ACCEPTANCE AND FINAL PAYMENT. 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 Village the required maintenance bond and satisfactory evidence that all sums of money due for any labor, materials, apparatus, fixtures or machinery furnished for the purpose of such work have been paid or that the person or persons to whom the same may be due have consented to such final payment.

If final payment is requested, the Contractor shall submit a properly completed Contractor’s Affidavit setting out, under oath, the name, address and amount due or to become due, of Contractor, each subcontractor, vendor, 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 bond prior to Final Payment 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.

2.11. 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 (1½) times the estimated cost to complete Punch list items.

2.12. FINAL POLICING OF THE SITES. Before the completed work will be ready for the Village’s final inspection, the Contractor shall have removed from the project sites all surplus equipment, machinery, materials, debris, barricades, and signs. The Contractor shall leave said project sites in the best possible condition to the complete satisfaction of the Village.

2.13. 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.

2.14. 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.

2.15. CHANGE ORDERS. The Village may from time to time require changes in the Work.

Such changes shall comply with Section 33-E9 of the Criminal Code, 720 ILCS 5/33E-9.

2.16. RIGHT OF THE VILLAGE TO TERMINATE THE CONTRACT.

2.16.1. 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 Contract and the Contractor in default, and to forfeit the rights of the Contractor in this Contract.

2.16.2. Upon declaration of Contractor’s default, the Village may, at its option, call upon the surety to complete the Work in accordance with the terms of this Contract or may take over the Work, including any materials on the Work site as may be suitable and acceptable to the Village and may complete the Work by its own forces or on its own account, or may enter into a new contract or contracts for the completion of the Work, or may use such other methods as shall be required for the completion of the Work in an acceptable manner as the Village may in its discretion determine.

2.16.3. All costs and charges incurred by the Village, together with the cost of completing the Work shall be deducted from any moneys due or which may become due on this to the Contractor under this Contract. Following any payment due and received by the Village from the Contractor’s surety following default, if the expense so incurred by the Village is less than the sum paid to the Village by the surety under this Contract for work remaining, the surety shall be entitled to receive the excess difference paid to the Village. When such Contractor default costs incurred by the Village exceeds the sum paid to the Village for the work remaining under the Contract the Contractor and the surety shall be liable and shall pay to the Village the full cost of such additional expenses.

3. PERFORMANCE OF THE WORK.

3.1. 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 its receipt of instructions from the Director of Public Works or an authorized representative to discontinue such practice.

3.2. 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 its 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 specific repair or pay item.

3.3. 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. (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. operation procedures.

3.4. CLEAN–UP. After all work under each task phase of the work is completed, the Contractor shall remove all loose debris and other materials not incorporated in the work from the site of the work. Any clean up or restoration to private property will be the responsibility of the Contractor.

3.5. 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. Monday through Saturday. No work will be allowed on Sundays and legal holidays as listed in Article 107.09 in the Standard Specifications. 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.

3.6. 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.

3.7. INSPECTION. All materials and each part or detail of the work shall be subject at all times to inspection by the Village or its inspectors, and the Contractor will be held strictly to the true intent of the Specifications in regard to quality of materials, workmanship and diligent execution of the contract. The Village or its inspectors shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. Materials, components or completed work not complying therewith may be rejected by the Village and shall be replaced by the Contractor at no expense to the Village. Any rejected material or component shall be removed at the entire expense of the Contractor, after written notice has been mailed by the Village to the Contractors that such materials or components have been rejected.

The Contractor shall, if the Village requests, remove or uncover such portions of the finished work as the Village may direct before final acceptance of the same.

After the examination, the Contractor shall restore said portion of the work to the standard required by the Specifications. If the work thus exposed or examined proves acceptable, the expense of uncovering or removing and the replacing of the parts removed shall be paid for as extra work; but if the work so exposed or examined is unacceptable, the expense of uncovering or removing and replacing of the same shall be borne by the Contractor.

3.8. MATERIALS AND EQUIPMENT. Except where the Specifications indicate otherwise, the Village is not responsible for providing any tools, equipment or storage under the contract in order to permit its completion of any contractual obligations under the contract, which may be awarded as the result of the bid.

3.9. PERSONNEL AND EQUIPMENT. The Contractor shall provide an adequate number of competently trained personnel with sufficient supervision to provide the services required, and Contractor shall provide identification of its personnel if requested by the Village.

Any Contractor’s employee whose employment is reasonably detrimental or objectionable to the Village shall be immediately transferred from the work-site upon the Village’s request. The exercise of this option shall not be construed as placing the Village in charge of the Work or making the Village responsible for safety.

All on the road vehicles or equipment shall be identified by the Contractor’s name for purpose of identification.

All tools or equipment required to carry out the operations within the scope of the contract shall be provided by the Contractor and shall meet the standards of the Federal Occupational Safety and Health Act and State of Illinois safety codes as may be required by law. The Village reserves the right to inspect the equipment that will be used prior to award of Bid.

3.10. PROPERTY PROTECTION. No vehicles of any kind shall be placed, parked or operated upon or over any sodded areas.

3.11. 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 Contractor except as otherwise herein provided, shall do the Work necessary for such relocation, reconstruction, and repair and shall bear and pay all of the cost and expense of such relocation, reconstruction, and/or repair of, and all damage done to any and all such pipe line and other structures, improvements, and installations, including service connections, if any, to adjacent property, existing at the date of the execution of the contract and/or existing, during the period of the Work to be done under the contract, which may be interfered with, damaged, and/or necessarily relocated, reconstructed, or repaired in the performance of the Work herein provided for, including the restoration and resurfacing of unpaved portions of public streets and alleys, rights-of-way, easements, and private property damaged or disturbed by the Work, the same to be restored to as good condition as the same existed at the time of the commencement of any such Work or relocation.

It is further agreed that the owners of any structures, improvements, installations, referred to in the preceding paragraph shall have the right to do the Work or any part thereof necessary for the relocation, reconstruction, replacement, repair, and other Work required by reason of any interference with and/or damage to such structures, improvements, installations, due to the prosecution of the Work and upon completion of such Work by them done, said owners may render bills to the Contractor 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 Contractor for the payment thereof.

3.12. PUBLIC CONVENIENCE AND SAFETY. The Contractor shall notify the Director of Public Works at least three (3) days in advance of the starting of any construction work which might in any way inconvenience traffic, and the Contractor shall at all times conduct the work in such a manner as to insure the least obstruction to vehicular and pedestrian traffic. Whenever possible, the Contractor shall provide and maintain at its 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.

3.13. 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. The Contractor will distribute written public work notices to businesses and residences as required by the Village.

3.14. REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK. Work done without lines and grades being given, or beyond the lines shown on the plans or as given, except as herein provided, or any extra work done without authority will be considered as unauthorized and at the expense of the Contractor, and will not be measured or paid for. Work so done may be ordered removed or replaced at the Contractor’s expense.

All work which has been ordered to be removed or replaced shall be remedied or removed and replaced by the Contractor in a manner approved by the Village at the Contractor’s expense. Upon failure of the Contractor to comply promptly with any order of the Village made under this provision, the Village shall, after giving written notice to the Contractor, have the authority to cause defective work to be remedied, or removed and replaced, or to cause unauthorized work to be removed, and deduct the cost thereof from any compensation due or to become due the Contractor.

3.15. SCHEDULING. The Contractor shall consult with the Village’s Public Works Director or an authorized representative concerning the details and scheduling of the work contemplated herein, and shall be governed by the decisions of said Director or representative.

3.16. SUPERVISION. The Contractor shall at all times have a competent person…