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2017 Traffic Signal MaintenanceRebid Village of Oak Brook Traffic Control and Street Lighting System Maintenance March 2017 Table of Contents Section A. Notice to Bidders B. Bid C. Instructions to Bidders D. Specifications & Conditions E. Special Conditions - Not Applicable F. Statement of Bidder's Qualifications G. References H. Bid Certification I. Contract 2017 Traffic Signal MaintenanceRebid.doc Section A Notice to Bidders Post on the Village website on Wednesday, March 1, 2017 The Village of Oak Brook will receive bids for: Traffic Control and Street Lighting System Maintenance Sealed bids will be received by Rania Serences, Senior Purchasing Assistant, Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, IL 60523 until 1:00 P.M., Wednesday, March 15, 2017, prevailing time, and publicly opened in the Samuel E. Dean Board Room at that time. A complete bid package, of which this legal notice is a part, is on file for inspection and may be downloaded from the Village’s website www.oak-brook.org or picked up at the Butler Government Center, 1200 Oak Brook Road, Oak Brook, Illinois 60523, between the hours of 8:30 A.M. and 4:30 P.M. Monday through Friday. There is no charge for the package. The Village of Oak Brook reserves the right to reject any or all bids and to waive any informalities in bidding and to accept the bid deemed most advantageous to it. No bid shall be withdrawn after opening of bids without the consent of the Village of Oak Brook for a period of ninety (90) days after the scheduled time of opening bids. Charlotte Pruss Village Clerk 2017 Traffic Signal MaintenanceRebid.doc Section B Bid BID FOR "Traffic Control and Street Lighting System Maintenance” VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, IL 60523 1. COST OF WORK: The undersigned, acting for and on behalf of contractor and having familiarized himself with conditions affecting the cost of the work and its performance and having carefully examined and fully understood the entire bid package, hereby affirms and agrees to enter into a contract with the Village of Oak Brook, Oak Brook, IL. To provide all supervision, labor, material, equipment and all other expense items to completely perform the work covered by all specifications for the work. The undersigned submits herewith his bid as follows: SCHEDULE OF PRICES ROUTINE MAINTENANCE OF TRAFFIC SIGNAL CONTROL AND STREET LIGHTING Includes complete servicing of all intersection equipment such as posts, poles and foundations; heads, detectors, controllers, housings, pre-emptors, amplifiers, relays, service pole installations, lamps, lenses, reflectors, all cables and appurtenances, servicing, maintaining, patrolling, as described under the Specifications. Separate pages have been provided for each of the next four years (2017-2020). This contract will be awarded for a one year term with three one year options to renew. Enter your pricing for each year of the contract. The first year rates shall be in effect from approximately May 1, 2017 - April 30, 2018. The 2nd, 3rd and 4th years will extend for annual periods thereafter, if the Village exercises its option to renew. 2017 Traffic Signal MaintenanceRebid.doc 2017 COMPLETE MAINTENCE OF 12 SIGNAL CONTROL INTERSECTIONS COST PER INTESECTION MONTLY MAINTENANCE COST YEARLY MAINTENACE COST $ $ $ EXTRA WORK: LABOR ESTIMATED # OF HOURS PER HOUR EXTENDED ELECTRICIAN 300 $ $ LIST HOURS FOR HOURLY RATE ELECTRICIAN OVERTIME 35 $ $ LIST HOURS FOR OVER-TIME RATE EQUIPMENT SERVICE TRUCK 335 $ $ AERIAL TRUCK 170 $ $ COMPRESSOR 50 $ $ TRENCHER 100 $ $ BACKHOE 50 $ $ DUMP TRUCK 50 $ $ TRAILER 100 $ $ AUGER 50 $ $ Material Discount % TOTAL (INCLUDE MAINTENANCE AND EXTRA WORK) $ All hand-held power and manual tools are incidental to the hourly rates. 2017 Traffic Signal MaintenanceRebid.doc 2018 COMPLETE MAINTENCE OF 12 SIGNAL CONTROL INTERSECTIONS COST PER INTESECTION MONTLY MAINTENANCE COST YEARLY MAINTENACE COST $ $ $ EXTRA WORK: LABOR ESTIMATED # OF HOURS PER HOUR EXTENDED ELECTRICIAN 300 $ $ LIST HOURS FOR HOURLY RATE ELECTRICIAN OVERTIME 35 $ $ LIST HOURS FOR OVER-TIME RATE EQUIPMENT SERVICE TRUCK 335 $ $ AERIAL TRUCK 170 $ $ COMPRESSOR 50 $ $ TRENCHER 100 $ $ BACKHOE 50 $ $ DUMP TRUCK 50 $ $ TRAILER 100 $ $ AUGER 50 $ $ Material Discount % TOTAL (INCLUDE MAINTENANCE AND EXTRA WORK) $ All hand-held power and manual tools are incidental to the hourly rates. 2017 Traffic Signal MaintenanceRebid.doc 2019 COMPLETE MAINTENCE OF 12 SIGNAL CONTROL INTERSECTIONS COST PER INTESECTION MONTLY MAINTENANCE COST YEARLY MAINTENACE COST $ $ $ EXTRA WORK: LABOR ESTIMATED # OF HOURS PER HOUR EXTENDED ELECTRICIAN 300 $ $ LIST HOURS FOR HOURLY RATE ELECTRICIAN OVERTIME 35 $ $ LIST HOURS FOR OVER-TIME RATE EQUIPMENT SERVICE TRUCK 335 $ $ AERIAL TRUCK 170 $ $ COMPRESSOR 50 $ $ TRENCHER 100 $ $ BACKHOE 50 $ $ DUMP TRUCK 50 $ $ TRAILER 100 $ $ AUGER 50 $ $ Material Discount % TOTAL (INCLUDE MAINTENANCE AND EXTRA WORK) $ All hand-held power and manual tools are incidental to the hourly rates. 2017 Traffic Signal MaintenanceRebid.doc 2020 COMPLETE MAINTENCE OF 12 SIGNAL CONTROL INTERSECTIONS COST PER INTESECTION MONTLY MAINTENANCE COST YEARLY MAINTENACE COST $ $ $ EXTRA WORK: LABOR ESTIMATED # OF HOURS PER HOUR EXTENDED ELECTRICIAN 300 $ $ LIST HOURS FOR HOURLY RATE ELECTRICIAN OVERTIME 35 $ $ LIST HOURS FOR OVER-TIME RATE EQUIPMENT SERVICE TRUCK 335 $ $ AERIAL TRUCK 170 $ $ COMPRESSOR 50 $ $ TRENCHER 100 $ $ BACKHOE 50 $ $ DUMP TRUCK 50 $ $ TRAILER 100 $ $ AUGER 50 $ $ Material Discount % TOTAL (INCLUDE MAINTENANCE AND EXTRA WORK) $ All hand-held power and manual tools are incidental to the hourly rates. 2017 Traffic Signal MaintenanceRebid.doc 2. COSTS: The undersigned contractor hereby affirms and states the prices quoted herein constitute the total cost to the Village for all work involved in the respective items and that this cost also includes all insurance, royalties, transportation charges, use of all tools and equipment, superintendence, overhead expense, all profits and all other work, services and conditions necessarily involved in the work to be done and materials to be furnished in accordance with the requirements of the contract documents considered severally and collectively. All bids shall be held valid for a period of ninety (90) days after the bid due date. 3. PRE-BID MEETING: None. 4. INSTRUCTIONS TO BIDDERS: The undersigned vendor/contractor shall comply with all Sections of the Bid Package which are incorporated herein by reference. Firm Name:_______________________________________________________ Address:_________________________________________________________ City, State, ZIP:________________________________________________ Signature:_______________________________________________________ Name Printed:____________________________________________________ Title:___________________________________________________________ Telephone:___________________________Date:_______________________ If a Corporation: ATTEST: ____________________________ Secretary 2017 Traffic Signal MaintenanceRebid.doc Section C Instructions 1. RECEIPT OF BID: Wednesday, the 15th day of March, 2017; 1:00 P.M. 2. BASIS OF BID: Sealed bids will be received until the above noted time and date. 3. PROJECT DESCRIPTION: Traffic Control and Street Lighting System Maintenance 4. PREPARATION AND SUBMISSION OF BIDS: A. The bid must be delivered to the office of the Senior Purchasing Assistant, Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, IL 60523 on or before Wednesday, at 1:00 P.M., prevailing time, March 15, 2017, at which time it will be publicly opened and read in the S. E. Dean Board Room of the Village Hall. Bids received after this time will not be considered and will be returned unopened. B. Each bid shall be submitted on the exact form furnished. All blank spaces for bid prices, unit costs and alternates must be filled in--in ink--in both words and figures. In case of any discrepancy in the amount bid, the prices expressed in written words shall govern. C. Each bidder must complete, execute and submit with its bid a certification that contractor is not barred from public contracting due to bid-rigging or bid rotating convictions on the form included with the bidding documents. D. Each bidder must submit a complete bid package, including the following items: 1. Bid 2. Statement of Bidder's Qualifications 3. References 4. Bid Certification 6. Contract E. The Contract is provided as information, and will be completed by the successful bidder only upon acceptance of the bid by the Village. 2017 Traffic Signal MaintenanceRebid.doc F. The bid shall be submitted in an opaque sealed envelope on or before the time stated and shall bear the name of the individual, firm, or corporation submitting the Bid and the Project Name: “Traffic Control and Street Lighting System Maintenance”. G. Bidders may attach separate sheets to the bid for the purpose of explanation, exception, alternate bid and to cover unit prices, if needed. H. Bidders may withdraw their bid either personally or by written request at any time before the hour set for the bid opening, and may resubmit it. No bid may be withdrawn or modified after the bid opening except where the award of contract has been delayed for a period of more than ninety (90) days. I. In submitting this bid, the bidder further declares that the only person or party interested in the proposal as principals are those named herein, and that the bid is made without collusion with any other person, firm or corporation. J. The bidder further declares that he has carefully examined this entire Bid Package, and he has inspected in detail the site of the proposed work, and that he has familiarized himself with all of the local conditions affecting the contract and the detailed requirements of this work and understands that in making the bid he waives all rights to plead a misunderstanding regarding same. K. The bidder further understands and agrees that if his bid is accepted, he is to furnish and provide all necessary machinery, tools, apparatus, and other means to do all of the work and to furnish all of the materials specified in the contract, except such materials as are to be furnished by the owner (Village), in the manner and at the time therein prescribed, and in accordance with the requirements therein set forth. L. The bidder further agrees that if the Village decides to extend or shorten the work, or otherwise alter it by extras or deductions, including elimination of one or more of the items, as provided in the specifications, he will perform the work as altered, increased or decreased. M. The bidder further agrees that the Village representative may at any time during the progress of the work covered by this Contract, order other work or materials incidental thereto and that all such work and materials as do not appear in the bid or contract as a specific item covered by a unit or lump sum price, and which are not included under the bid price for other items in the Contract, shall be performed as extra work. N. The bidder further agrees to execute all documents within this Bid Package, obtain a Certificate of Insurance for this work and present all of these 2017 Traffic Signal MaintenanceRebid.doc documents to the Village within fifteen (15) days after the receipt of the Notice of Award and the Contract by him. O. The bidder further agrees to begin work not later than ten (10) days after receipt of the Notice to Proceed, unless otherwise provided, and to execute the work in such a manner and with sufficient materials, equipment and labor. P. By submitting a bid, the bidder understands and agrees that, if his bid is accepted, and he fails to enter into a contract forthwith, he shall be liable to the Village for any damages the Village may thereby suffer. 5. SUBSTITUTIONS: Not Applicable 6. CONDITIONS: A. The Village is exempt from Federal excise tax and the Illinois Retailer's Occupation Tax. This bid cannot include any amounts of money for these taxes. B. To be valid, the bids shall be itemized so that selection for purchase may be made, there being included in the price of each unit the cost of delivery (FOB Destination). C. The Village shall reserve the right to add or to deduct from the base bid and/or alternate bid any item at the prices indicated in itemization of the bid. D. All bids shall be good for ninety (90) days from the date of the bid opening. 7. BASIS OF AWARD: Contracts shall be awarded to the lowest responsive and responsible bidder on the basis of the bid that is in the best interests of the Village to accept. As a part of the evaluation process, and in addition to cost, the Village shall evaluate the responsiveness and responsibility of each bidder. To be judged responsible, a bidder must have the following capabilities in all respects to fully perform the contract requirements and will be judged against the following standards, at a minimum: A. Ability, capacity and skill to fulfill the contract as specified. B. Ability to supply the commodities, provide the services or complete the construction promptly, or within the time specified, without delay or interference. C. Character, integrity, reputation, judgment, experience and efficiency. 2017 Traffic Signal MaintenanceRebid.doc D. Quality of performance on previous contracts. E. Previous and existing compliance with laws and ordinances relating to the contract. F. Sufficiency of financial resources. G. Quality, availability and adaptability of the commodities, services or construction, in relation to the Village's requirements. H. Ability to provide future maintenance and service under the contract. I. Number and scope of conditions attached to the bid/proposal. J. Record of payments for taxes, licenses or other monies due the Village 8. LIQUIDATED DAMAGES: It is also understood and agreed that if the Village determines the Contractor failed to perform either by observing the established schedule or failing to perform to the level of service established herein for more than two (2) consecutive working days, the Village shall reserve the right to impose liquidated damages for said failure to perform, but not as penalty. The Village will serve notice either personally or in writing stating the reasons for imposing liquidated damages on the Bidder providing twenty-four (24) hour notice to correct such items. If at the end of the twenty-four (24) hour period the Bidder has not made the necessary corrections, the Contractor shall pay liquidated damages to the Village in the amount of $500 per day. This failure to perform shall include repeated incidents of any of the following: failure to perform any of the items under the scope of services, failure to respond to or resolve Village complaints, failure to adhere to any and all terms and conditions specified in the contact documents. The Village reserves the right to attempt to work through these items prior to imposing liquidated damages. 9. PERFORMANCE CLAUSE: In the event the quality of service becomes unacceptable, the Village reserves the right to cancel the contract after giving thirty (30) day written notice. 10. GUARANTEE: Not Applicable 11. PAYMENT: The Village of Oak Brook authorizes the payment of invoices on the second and fourth Tuesday of the month. For consideration on one of these dates, payment request must be received no later than fourteen (14) days prior to the second or fourth Tuesday of the month. 2017 Traffic Signal MaintenanceRebid.doc 12. INDEMNIFICATION: The Contractor shall protect, indemnify, save, defend and hold forever harmless the Village and/or its officers, officials, employees, volunteers and agents from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses, including without limitation court costs, insurance deductibles and attorney's fees and expenses, which the Village and/or its officers, officials, employees, volunteers and agents may incur, suffer or sustain, or for which the Village and/or its officers, employees and agents may become obligated by reason for any accident, injury to or death of persons or loss of or damage to property, or civil and/or constitutional infringement of rights (specifically including violations of the Federal Civil Right Statutes), arising indirectly or directly in connection with or under, or as a result of, this or any Agreement by virtue of any act or omission of any of the Contractor's officers, employees, subcontractors, and/or agents, provided that the Contractor shall not be liable for claims, obligations, damages, penalties, causes of action, costs and expenses arising solely by any act or omission of the Village's officers, officials, employees, volunteers and/or agents. The contractor shall hold the Village harmless for any and all claims for labor, material, apparatus, equipment, fixtures or machinery furnished to the contractor for the purpose of performing the work under the contract; and the payment of all direct and indirect damages to any person, firm, company or corporation suffered or sustained on account of the performance of such work during the time the contract is in force. 13. INSURANCE: Certificates of Insurance and Additional Insured Endorsement shall be presented to the Village within fifteen (15) days after the receipt by the contractor of the Notice of Award and the unexecuted contract, it being understood and agreed that the Village will not approve and execute the contract nor will the bid guarantee be returned until acceptable insurance certificates are received and approved by the Village. Each contractor performing any work pursuant to a contract with the Village of Oak Brook and each permittee working under a permit as required pursuant to the provisions of Title 1, Chapter 8 of the Code of Ordinances of the Village of Oak Brook (hereinafter referred to as "Insured") shall be required to carry such insurance as specified herein. Such contractor and permittee shall procure and maintain for the duration of the contract or permit insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work under the contract or permit, either by the contractor, permittee, or their agents, representatives, employees or subcontractors. A contractor or permittee shall maintain insurance with limits no less than: 2017 Traffic Signal MaintenanceRebid.doc A. General Liability - $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, provided that when the estimated cost of the work in question does not exceed $5,000, the required limit shall be $500,000; B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and property damage; C. Worker's Compensation and Employer's Liability - Worker's Compensation limits as required by the Labor Code of the State of Illinois and Employer's Liability limits of $1,000,000 per accident. Any deductibles or self-insured retention must be declared to and approved by the Village. At the option of the Village, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the Village, its officers, officials, employees and volunteers; or the Insured shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses to the extent of such deductible or self-insured retention. The policies shall contain, or be endorsed to contain, the following provisions: D. General Liability and Automobile Liability Coverage - (1) The Village, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Insured; premises owned, occupied or used by the Insured. The coverage shall contain no special limitations on the scope of protection afforded to the Village, its officers, officials, employees, volunteers or agents. (2) The Insured's insurance coverage shall be primary insurance as respects the Village, its officers, officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the Village, its officers, officials, employees, volunteers or agents shall be in excess of the Insured's insurance and shall not contribute with it. (3) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village, its officers, officials, employees, volunteers or agents. (4) The Insured's insurance shall apply separately to each covered party against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. E. Worker's Compensation and Employer's Liability Coverage 2017 Traffic Signal MaintenanceRebid.doc The policy shall waive all rights of subrogation against the Village, its officers, officials, employees, volunteers and agents for losses arising from work performed by the insured for the Village. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has been given to the Village. Each insurance policy shall name the Village, its officers, officials and employees, volunteers and agents as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no less than A: VII. Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the Village and shall be subject to approval by the Village Attorney before work commences. The Village reserves the right to require complete, certified copies of all required insurance policies, at any time. Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 14 SAFETY: The contractor and any subcontractors shall comply with all the provisions of the Federal Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended. 15. EQUAL OPPORTUNITY: The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, age or handicap unrelated to bona fide occupational qualifications. 16. EXECUTION OF DOCUMENTS The Contractor, in signing his Bid on the whole or on any portion of the work, shall conform to the following requirements: Bids signed by an individual other than the individual represented in the Bid documents shall have attached thereto a power of attorney evidencing authority to sign the Bid in the name of the person for whom it is signed. 2017 Traffic Signal MaintenanceRebid.doc Bids which are signed for a partnership shall be signed by all of the partners or by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the Bid a power of attorney evidencing authority to sign the bid, executed by the partners. Bids which are signed for a corporation, shall have the correct corporate name thereof and the signature of the President or other authorized officer of the corporation manually written below the corporate name. If such Bid is manually signed by an official other than the President of the Corporation, a certified copy of a resolution of the board of directors evidencing the authority of such official to sign the Bid should be attached to it. Such Bid shall also bear the attesting signature of the Secretary of the corporation and the impression of the corporate seal. The Contract shall be deemed as have been awarded when formal notice of award shall have been duly served upon the intended awardee. 17. NON-DISCRIMINATING: The Contractor, its employees and subcontractors, agrees not to commit unlawful discrimination and agrees to comply with applicable provisions of the Illinois Human Rights Act, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act, and rules applicable to each. 18. PREVAILING RATE OF WAGES: All wages paid by the Contractor and each subcontractor shall be in compliance with The Prevailing Wage Act (820 ILCS 130), as amended, except where a prevailing wage violates a federal law, order, or ruling, the rate conforming to the federal law, order, or ruling shall govern. The Contractor shall be responsible to notify each subcontractor of the wage rates set forth in this contract and any revisions thereto. If the Department of Labor revises the wage rates, the revised rate as provided by the public body shall apply to this contract and the Contractor will not be allowed additional compensation on account of said revisions. Contractor will comply with the Illinois prevailing wage law, as amended from time to time. Not less than the prevailing rate of wages as found by Owner or the Illinois Department of Labor shall be paid to all laborers, workers and mechanics performing work under the Contract. If the Department of Labor revises the prevailing rate of wages to be paid laborers, workers or mechanics under the Contract, Owner will notify Contractor and each Subcontractor of the change in the prevailing rate of wages; provided, however, regardless of whether Owner gives such notice, the revised prevailing rate of wages shall apply to the Contract and Contractor shall have the sole responsibility and duty to pay, and ensure that all Subcontractors pay, the revised prevailing rate of wages to each person to whom a 2017 Traffic Signal MaintenanceRebid.doc revised rate is applicable. Revision of the prevailing wages shall not result in an increase in the Contract sum or other cost to Owner. Contractor shall indemnify, defend and hold Owner harmless from any loss, including but not limited to Owner's attorneys fees, resulting from Contractor's failure to comply with this prevailing wage clause. All bonds applicable to the Contract shall include a provision as will guarantee the faithful performance of the obligation to pay the prevailing rate of wages. The Contractor and each subcontractor shall make and keep, for a period of not less than 3 years, records of all laborers, mechanics, and other workers employed by them on the project; the records shall include each worker's name, address, telephone number when available, social security number, classification or classifications, the hourly wages paid in each period, the number of hours worked each day, and the starting and ending times of work each day. The Contractor and each subcontractor shall submit monthly, in person, by mail, or electronically a certified payroll to the public body in charge of the project. The certified payroll shall consist of a complete copy of the records. The certified payroll shall be accompanied by a statement signed by the contractor or subcontractor which states that: (i) such records are true and accurate; (ii) the hourly rate paid to each worker is not less than the general prevailing rate of hourly wages required; and (iii) the contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class B misdemeanor. Upon 2 business days' notice, the contractor and each subcontractor shall make available for inspection the records to the public body in charge of the project, its officers and agents, and to the Director of Labor and his deputies and agents at all reasonable hours at a location within this State. The Contractor and each subcontractor shall permit his/her employees to be interviewed on the job, during working hours, by compliance investigators of the Department or the Department of Labor. 19. COPIES OF DOCUMENTS The number of copies of Contract required to be executed is as follows: Two (2) original counterparts of the Contract documents will be required to be executed. 20. INDEPENDENT CONTRACTOR: There is no employee/employer relationship between the Contractor and the Village. Contractor is an independent contractor and not the Village’s employee for all purposes, including, but not limited to, the application of the Fair Labors Standards Act minimum wage and overtime payments, Federal Insurance 2017 Traffic Signal MaintenanceRebid.doc Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the Worker’s Compensation Act (820 ILCS 305/1, et seq.). The Village will not (i) provide any form of insurance coverage, including but not limited to health, worker’s compensation, professional liability insurance, or other employee benefits, or (ii) deduct any taxes or related items from the monies paid to Contractor. The performance of the services described herein shall not be construed as creating any joint employment relationship between the Contractor and the Village, and the Village is not and will not be liable for any obligations incurred by the Contractor, including but not limited to unpaid minimum wages and/or overtime premiums, nor does there exist an agency relationship or partnership between the Village and the Contractor. 21. ASSIGNMENT Neither the Village nor the Contractor shall assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld. 22. GOVERNING LAW This Agreement shall be governed by the laws of the State of Illinois as to interpretation, performance and enforcement. The forum for resolving any disputes concerning the parties’ respective performance or failure to perform under this Agreement shall be the Circuit Court for the Eighteenth Judicial Circuit, DuPage County, Illinois. 23. COMPLIANCE WITH LAWS Contractor, in performing the work and fulfilling its obligations under the contract must comply with all applicable provisions of the federal, State, and local laws, regulations, rules, and orders. 24. CONTRACT TERM Contract shall commence on approximately May 1, 2017 – April 30, 2018. This contract will be awarded for a one year term with three additional one year options to renew, solely at the Village’s discretion. 2017 Traffic Signal MaintenanceRebid.doc Section D Specifications 1. SCOPE: The service of “Traffic Control and Street Lighting System Maintenance” for Village-Owned Traffic Signals in the Village of Oak Brook. 2. SPECIFICATIONS: Beginning on the following page. 2017 Traffic Signal MaintenanceRebid.doc TRAFFIC CONTROL AND STREET LIGHTING SYSTEM MAINTENANCE VILLAGE OF OAK BROOK DESCRIPTION OF WORK: This Contract is for the maintenance of those traffic control signal systems owned and maintained by the Village of Oak Brook and for the repair of the street lighting system. The Contractor shall: 1. Furnish all labor and material to maintain the traffic control signal system in a first class working order and operating condition at all times; 2. Make permanent repairs to damaged equipment; 3. Clean, repair, and overhaul specified traffic signal equipment at stated intervals of time; 4. Shall provide the necessary transportation for workmen, materials and equipment used to execute the terms of the Contract, and; 5. PROVIDE 24-HOUR/365 DAY MAINTENANCE AND REPAIR SERVICE to correct any malfunction of equipment or effect any temporary emergency repairs to missing, defective, damaged or displaced equipment resulting from any cause whatsoever in the shortest possible time. The Contractor shall patrol the traffic signal systems twice a month (approximately the 1st and 15th of each month), for lamp failure and improper or non-operation of equipment. Contractor must record the date and time of each inspection, including repairs, on the log sheet provided in the control cabinet. The Contractor shall furnish and replace all electric lamps which burn out in the systems during the term of the Contract. A monthly report of this patrol shall be submitted to the Village. CONTRACTOR'S QUALIFICATIONS: The Contractor shall have sufficient experience in maintaining the traffic signal and street lighting systems and shall have demonstrated successful work done for other municipalities for a minimum of three years. Contractor shall complete and furnish a financial statement and experience questionnaire. Contractor shall perform all work in accordance with the latest editions of the Illinois Manual on Traffic Control Devices for Streets and Highways, IDOT Standard Specifications for Road and Bridge Construction, Standard Specifications for Traffic Control Items and all relevant State, County and Municipal Laws. The Contractor shall have sufficient administrative and technical staff to carry out the terms of the Contract. 2017 Traffic Signal MaintenanceRebid.doc The Contractor shall have an adequate inventory of the controllers to be used at particular intersections in case of failure or overhauling the controllers. The Contractor shall not rent any equipment such as controllers, high lift vehicles and other equipment, and shall have adequate facilities to use its own equipment at all times. The Contractor shall not be allowed to hire any subcontractor to do any electrical work and shall perform all electrical work with its own force but may be allowed to subcontract the work other than electrical such as concrete and steel work. PROSECUTION OF WORK The purpose of the Contract is to assure that all components of the systems and installations operate essentially as originally installed or as subsequently modified and for preventative maintenance, to guarantee against and prevent equipment failures due to mechanical, or electrical defects. The proper functioning of the systems and installations is essential to maintain smooth, expeditious, and safe movement of traffic. Consequently, it is imperative that all equipment in the systems and installations be serviceable and in good operating condition at all times so as to insure maximum working efficiency and prevent unnecessary failures. When equipment failures do occur due to unforeseen events such as knock-downs or any cause whatsoever, TIME IS OF THE ESSENCE in arriving at the scene and taking corrective measures. To insure this continuous and uninterrupted operation of the equipment; SERVICE CALLS AND EMERGENCY CALLS SHALL BE ANSWERED PROMPTLY, AND EXTRAORDINARY EFFORT SHALL BE EXERTED BY THE CONTRACTOR TO RENDER THIS SERVICE. The Contractor shall prosecute the work in the following manner: 1. The Contractor shall at all times maintain a force of qualified personnel sufficient to perform the work required and described herein. The force of qualified workmen shall be sufficient to respond to emergency calls which may be received at any time, and to promptly make temporary and permanent repairs. Immediate action shall be taken to safeguard the public at any time a signal installation becomes partly or fully inoperative from any cause whatsoever. Two signal heads facing each approach shall be considered the minimum acceptable operation pending permanent repairs, unless otherwise authorized by the Village. 2. All component parts of each system shall be maintained at all times to perform the functions for which they were designated unless authorized to the contrary by the Village. 3. The Contractor shall furnish transportation for his employees and equipment used in the performance of this Contract. All vehicles used by the Contractor shall conform with 2017 Traffic Signal MaintenanceRebid.doc all applicable laws and Village safety code and shall carry such lights and safety appurtenances as may be prescribed by the Village. Patrol cars, trucks, and supervisory cars operated by the Contractor in connection with the Contract shall be equipped with two-way radio or cellular telephone as a means of expediting and maintaining 24 hour communications with the Contractor's headquarters and field crews. The Contractor shall maintain a dispatcher 24 hours a day, seven days a week. 4. The Contractor shall designate in writing representatives in his organization to whom instructions may be given by the Village. One of these representatives shall be available at all times to the Village for consultation, at no added expense to the Village. The Contractor shall furnish the names, addresses, telephone, pager numbers and cellular numbers of his representative to the Village. 5. Any maintenance operations found unsatisfactory, any equipment found not properly maintained, or any repair or extra work found necessary by the Village shall be reported to the Contractor. Upon receipt of such report, the Contractor shall immediately make the necessary corrections and perform any work necessary to bring the system up to the prescribed standard. The Contractor shall submit a report to the Village indicating that the work covered by the Village's request has been completed, giving the date of completion of the work. 6. Priority and performance of the routine work on the system shall be at the discretion of the Contractor unless otherwise directed by the Village. 7. Immediate response shall be made by the Contractor to service any equipment of any system which may be reported or discovered by the Contractor as inoperative or operating improperly. 8. The Contractor shall act in the best interest of the Village in the selection of material and equipment which has been authorized for purchase by the Village. 9. The Contractor shall submit to the Village an annual Condition Report. This Report shall contain the following information: (1) The general condition of the traffic controllers and other equipment comprising each system or any part thereof; (2) any major breakdowns or individual pieces of equipment due to mechanical or electrical failure; (3) any major repairs to any equipment and the reason for repairs; and (4) a recommendation for any major repairs to equipment that the Contractor deems necessary for proper performance. 10. The Contractor shall erect barricades, signs, cones, flags, and lights as may be required by Section 107.14 of the Standard Specifications for Road and Bridge Construction, to properly protect his workmen and the motoring public when repairs are being performed on or near the roadway. Number, type, color, size and placement of 2017 Traffic Signal MaintenanceRebid.doc all traffic control devices shall conform to the Illinois Manual On Uniform Traffic Control Devices for Streets and Highways, latest edition. 11. The Contractor shall promptly report to the Village any unauthorized construction or repair work being done by others upon Village owned equipment being maintained by the Contractor. The Contractor shall also report any construction or repair work in progress, which work may endanger the equipment or the system. 12. The Contractor shall promptly notify the Village of the disablement of any piece of equipment on any system due to an accident or other cause, such as damaged cable, broken parts, or other difficulties, when such pieces of equipment cannot be readily repaired, making it necessary to discontinue operation of all or part of the installation. 13. The Contractor shall make all necessary service calls when requested by the Village to install or supervise the installation by others of additional or auxiliary equipment to any of the Village systems, or whenever necessary to locate cables or utility lines to prevent damage by any proposed construction, at no additional cost to the Village. MATERIAL, LABOR AND EQUIPMENT TO BE FURNISHED BY THE CONTRACTOR All workmanship, equipment, materials, miscellaneous items and component parts incorporated in the work covered by this contract are to be of the best grade of the respective kinds for the purpose. Where equipment, materials, miscellaneous items or component parts are referred to in the Specifications as "equal to" any particular standard, the Village will decide the question of equality. The Contractor shall furnish to the Village, for its approval, the name of the manufacturer of machinery, mechanical or other equipment which Contractor contemplates incorporating in the work, and when requested by the Village, the capacities and other pertinent information including samples. Machinery, equipment, materials, miscellaneous items and components installed or used without such approval shall be at the risk of subsequent rejection. 1. The Contractor shall furnish all transportation, equipment and material for maintenance at his own expense, except as specified in Extra Work. 2. The Contractor shall furnish all necessary testing instruments for making tests on the systems or equipment at his own expense. 3. All locks shall be kept in proper working order at all times. Whenever it is necessary to change, replace or add new locks to any part of the system for cause whatsoever, the Contractor shall assume cost of such new locks and keys. Whenever a lock or the tumblers are changed, the Contractor shall furnish the Village with keys. 4. The Contractor shall furnish at his own expense, except as specified in Extra Work, a sufficient number of qualified employees who are experienced in the various technical 2017 Traffic Signal MaintenanceRebid.doc and mechanical fields associated with the specialized equipment at all times to maintain the respective system adequately. 5. The Contractor shall maintain adequate storage and shop repair facilities to perform this Contract, including a reasonable stock of spare parts and equipment. MATERIAL AND EQUIPMENT FURNISHED BY THE VILLAGE The Village may supply the Contractor during any time of the Contract period with its own usable parts, materials and equipment from its own stock or the salvage material procured from the removal of existing systems. 1. All parts, materials and equipment furnished to the Contractor shall be transported by him at his sole expense, to his warehouse, shops, or sites, where such materials and equipment are to be stored, repaired or used. Upon receipt of such parts, materials, and equipment, the Contractor shall acknowledge receipt thereof on forms furnished by the Village. 2. The parts, materials, and equipment furnished by the Village and stored by the Contractor shall constitute the Village of Oak Brook Inventory or Parts and Materials as used herein. 3. The Village shall have the right to visit storage facilities and shops at any time for the purpose of examining the inventory of Village-owned parts and equipment. The Contractor shall comply with any instructions given by the Village relating to the care, storage and marking of Village-owned parts and equipment for identification purposes. 4. At the termination of the Contract, the complete stock shall be delivered by the Contractor to the Village at locations designated by the Village with all items replaced or accounted for. The Contractor shall also be solely responsible for any replacements required due to loss, theft, burglary, damage or destruction from any cause whatsoever, of any and all such parts, material and equipment. 5. Nothing herein shall be construed as obligating the Village to furnish any parts, materials or equipment. CONTRACT DURATION: The Term of the Contract shall be for a four year period, beginning in 2017. SIGNALIZED INTERSECTION LOCATIONS: Spring Road and Harger Road Spring Road and Commerce Drive Jorie Blvd. and Forest Gate Jorie Blvd. and Jorie Plaza 2017 Traffic Signal MaintenanceRebid.doc Jorie Blvd. and Kensington Road York Road and Dover Drive York Road and Clearwater Drive York Road and Wood Glen Lane York Road and Tollway Exit 31st Street and Jorie Blvd. 16th Street and S-3 (Oakbrook Center Entrance) Jorie Blvd. and Fire Station #94 ROUTINE WORK SPECIFICATIONS: 1. Patrol and inspect each traffic signal installation a minimum of once every two (2) weeks and replace burned out lamps or damaged sockets as may be required. The reflector and lens shall be cleaned each time a lamp is replaced. 2. Maintain signal posts, controller pedestals, and foundations in alignment at all times. 3. Maintain signal posts and controller pedestals tight on foundations. 4. Maintain signal heads and controller cabinets tight on their pedestals and properly adjusted. 5. Maintain detector equipment in proper working order at all times. 6. Check/inspect controllers, relays, and detectors at least once every two (2) weeks to ascertain that they are functioning properly and make necessary repairs, replacements or adjustments. A maintenance sheet shall be maintained inside the cabinet indicating dates of service, service performed and signature of service person. 7. Furnish, install and maintain temporary controller(s) whenever necessary. 8. Maintain interior of controller cabinets in a neat condition at all times and maintain all inspection plates (handholes) for traffic signals at all times and replace missing ones from any cause whatsoever. 9. Maintain proper timing and dial settings of the controls and detector relays as directed. 10. Maintain proper coordination between interconnected controllers, coordinating units and synchronizers for proper timing and maintain all interconnecting cables. 11. Remove to Contractor's shop to clean, test, lubricate, and overhaul the controllers, relays, special auxiliary control equipment, and time clock once a year or more often as necessary. A record tag shall be attached to each controller on which the date of overhaul or other service work shall be indicated. Equipment shall be returned to the 2017 Traffic Signal MaintenanceRebid.doc same intersection at which it was originally installed unless otherwise directed by the Village. Solid state traffic control equipment shall be removed to the Contractor's shop once every two years. At that time the equipment will be cleaned and tested for proper timing. A record tag shall be attached t each piece of equipment indicating work performed, date work performed and persons performing work. 12. Replace burned out fuses, whether external or internal to specific signal control equipment. 13. Clean, adjust and overhaul flashing mechanism whenever necessary. 14. Clean reflectors, lenses, and lamps once every six (6) months. Wash heads and posts and control cabinets at least once per year. 15. Group re-lamp traffic signal heads annually. Schedule to be provided to the Village. 16. If mounted Stop Signs are not attached; place stop signs on each approach to the intersection as a temporary means of regulating traffic whenever repairs at a signalized intersection require that the controller be disconnected. However, if power is available, the Contractor shall install a flasher, flashing "red" on all approaches to the intersection until a temporary controller can be installed. 17. Respond to all calls within one (1) hour, during normal weather and traffic conditions from authorized parties twenty-four (24) hours a day, including Saturdays, Sundays, and Holidays. Controller failure, lights out, knockdowns, or two (2) red lights out at an intersection are considered emergencies. No trouble found calls are not to be billed as extra work. 18. Provide Village the name, address, telephone number, and pager number of at least two (2) persons who will be available for emergency repair of the traffic signals and keep the Village informed of any changes of same. 19. Detector loops and cable failures that are not caused by deteriorated pavement or deteriorated cable will be repaired under the maintenance contract at no additional charge to the Village. 20. Provide locations for other utilities or contractors as required. 21. Return all damaged, worn out, and obsolete Village owned equipment to the Village, if requested; otherwise it shall be disposed of by the Contractor at his expense. 22. Traffic Signal controlled intersections may be added to or deleted from this contract at the unit price bid at the option of the Village. 23. Contractor shall carry all necessary property damage and liability insurance involving the operation of the signals. 2017 Traffic Signal MaintenanceRebid.doc EXTRA WORK SPECIFICATIONS: (Traffic Signal and Street Lighting) Whenever any major equipment in any system (traffic signal or street lighting) is damaged or has deteriorated as a result of causes other than the negligence of the Contractor or his agents so as to require repairs to or replacement of such equipment, except as hereinafter provided, or whenever the Village of Oak Brook deems it necessary to make changes in existing equipment, the Village shall authorize the Contractor to make the necessary repairs or changes or authorize the repairs by others under the supervision of the Contractor. Such repairs shall be in accordance with these Specifications, except that the Village reserves the right to advertise for competitive bids to effect major repairs or changes on any system. Any extra work shall be done under the direction of the Village and shall conform to the Village's requirements. Authorization of extra work shall be given by the Village in writing. Contractor shall prepare and submit a quote for the work using the labor, equipment and material rates contained within the contract. Claims for extra work which have not been authorized by the Village shall be rejected. The Contractor shall furnish to the Village itemized statements in triplicate of the cost of all extra work, which shall include a true copy of the payroll and the original receipted bills for the materials used and any freight charges paid on same. Where materials used are not specifically purchased for use on extra work but are taken from the Contractor's stock, the Contractor may submit an affidavit of the quality, price and any freight on such materials in lieu of certified copies of original bills and invoices. This affidavit must be approved by the Village. 1. The Village of Oak Brook reserves the right to furnish any materials or parts for extra work, in which case no charge for items so furnished shall be made by the Contractor. Materials or parts furnished by the Village of Oak Brook may be from the Village's Inventory of Parts and Materials. 2. When the Contractor is authorized to furnish both materials and labor, at the direction of the Village, as expediency, parts may be taken from the Village's Inventory of Parts and Materials. The Contractor shall then either replace the items used or shall give the credit for all materials used for extra work form the inventory showing the entire cost of each item. 3. A non-working foreman shall not be employed on extra work unless there are more than three men employed at any one time, place and job. 4. For portions of extra work performed by a subcontractor, the Contractor shall submit to the Village in writing the name of the subcontractor he intends to utilize and the subcontractor’s cost prior to performance of said work. The Village reserves the right to reject or approve said subcontractor before the work is performed. 2017 Traffic Signal MaintenanceRebid.doc The Scope of EXTRA WORK for the Traffic Control and Street Lighting System Maintenance is as follows: 1. Repair and/or replacement of major equipment including controllers, detectors, posts, mast arm poles and assembly signal heads, pedestrian heads, foundations, handholes and cabinets. 2. Repair and/or replacement of damaged conduit and damaged or grounded wiring extending beyond the post. 3. Replacement of deteriorated wiring beyond the post. 4. Relocation of posts or other fixed equipment. The Contractor shall prepare an "as- built" drawing showing such new locations and furnish same to the Village. 5. Installation of temporary traffic signals. 6. Removal of temporary traffic signals. The Scope of EXTRA WORK for the Traffic Control and Street Lighting System Maintenance is as follows: 1. Repair and/or replacement of structural equipment including brackets, poles, foundations, control cabinet and hand holes. 2. Repair and/or replacement of damaged conduit or shorted wiring extending beyond the pole or service cabinet. 3. Replacement of deteriorated wiring. 4. Relocation of poles and other fixed equipment. 5. Replacement of ballast and lamps. INTERSECTIONS-ADDITIONS/DELETIONS Whenever the quantity of any item of work given in the this Bid shall be increased or decreased because of new intersections added or eliminated in the system, payment will be made on the basis of the actual work performed, at the unit price stated in the Bid, except as otherwise provided in the Specifications. The Village shall notify the Contractor in writing when new intersections are to be placed in operation in any of the systems, or when equipment has been inactivated or eliminated, thus increasing or decreasing the quantities listed in the Bid. In case of a new intersection to be added to this Contract, the Contractor shall make such an inspection as is necessary at the time of activation to ascertain that the equipment is in working order, and henceforth, from that time that the equipment is placed in operation, the Contractor shall assume 2017 Traffic Signal MaintenanceRebid.doc responsibility for the maintenance and repair of such equipment. The Contractor shall assume responsibility for maintenance and repair, except for work which is determined by the Village or by the Illinois Department of Transportation not to be the responsibility of the Contractor, regardless of the acceptance of the installation by the Illinois Department of Transportation or by the Village; and during the period of operation prior to the time of acceptance by the Illinois Department of Transportation and the Village, shall notify the Village concerning matters pertaining to failure of parts, guarantee periods, knockdowns, stoppage due to faulty construction, etc. at no extra cost to the Village. TIMING AND DIAL SETTINGS FOR TRAFFIC CONTROL SIGNALS AND TIME CLOCKS The Contractor shall make no changes in the timing and settings for the traffic control signal systems unless authorized to do so by the Village or by Engineers of other public agencies responsible for such settings. Whenever the Village has the occasion to make investigations relative to traffic and finds that conditions warrant the changing in timing or dial settings on the traffic control system, on the time clocks, or any other system which may be on a meter rate, the Village shall have the right to do so and will inform the Contractor of such changes within a reasonable time. The Contractor shall keep timing and dial settings in accordance with the Village's instructions at all times. The Contractor shall initiate and maintain a written record of all controller dial or time clock settings. Whenever such a setting is changed, as authorized herein, the Contractor shall prepare a record of such changes, in triplicate. One copy will be retrained by the Contractor, one copy shall be kept in the control cabinet, and one copy delivered to the Village. METHOD OF PAYMENT At the first of each month, the Contractor shall submit invoices to the Village for work performed during the preceding month. These invoices shall be made for the regular maintenance work performed under this Contract and at the unit prices stated in the Bid. The amounts for any Extra Work performed under the terms of the contract shall be on separate invoices. Billings for the cost of maintenance operations shown on invoices shall be for full month periods only, and be prorated for shorter periods when new installations are completed and activated during a month. Billing for equipment that has been inactivated, eliminated or on which the Village has relinquished maintenance responsibility shall be prorated based on the monthly unit cost. During the entire 12-month guarantee period, the Contractor shall have the full benefit of Village recovery under the guarantee with respect to both labor and materials for replacement of any defective installations. 2017 Traffic Signal MaintenanceRebid.doc Section E Special Conditions Not Applicable 2017 Traffic Signal MaintenanceRebid.doc Section F Statement of Contractor’s Qualifications All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he or she desires. 1. Name of Bidder: 2. Permanent main office address: 3. When organized: 4. If a corporation, where incorporated: 5. How many years have you been engaged in the contracting business under your present firm or trade name: 6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion) 7. General character of work performed by your company: 8. Have you ever defaulted on a contract: 9. List, on an attached sheet, the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. Include a contact person and phone # for each. 10. List your major equipment available for this contract: 11. Experience in work similar in importance to this project: 12. Background and experience of the principal members of your organization, including the officers. 2017 Traffic Signal MaintenanceRebid.doc 13. Credit available: 14. Bank reference: 15. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Village of Oak Brook: 16. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the Village of Oak Brook in verification of the recitals comprising this Statement of Bidder's Qualifications. DATED at _____________, Illinois this ____ day of _________________, 2017. By: Title STATE OF ILLINOIS ) ) SS. COUNTY OF ) ___________________________ being duly sworn deposes and says that he is the ___________ of ____________________________ and that the answers to the foregoing questions and all statements therein contained are true and correct. SUBSCRIBED and sworn to before me this _____ day of _____________________, 2017. Notary Public 2017 Traffic Signal MaintenanceRebid.doc Section G References Bidder shall supply the following information listing customers for which the bidder has supplied a similar type of commodities, service, or construction. 1. Company Name: _______________________________________________ Address: ____________________________________________________ Phone #: ____________________________________________________ Contact: ____________________________________________________ 2. Company Name: _______________________________________________ Address: ____________________________________________________ Phone #: ____________________________________________________ Contact: ____________________________________________________ 3. Company Name: _______________________________________________ Address: ____________________________________________________ Phone #: ____________________________________________________ Contact: ____________________________________________________ 4. Company Name: _______________________________________________ Address: ____________________________________________________ Phone #: ____________________________________________________ Contact: ____________________________________________________ 5. Company Name: _______________________________________________ Address: ____________________________________________________ Phone #: ____________________________________________________ Contact: ____________________________________________________ 2017 Traffic Signal MaintenanceRebid.doc Section H Bid Certification The undersigned, being first duly sworn an oath, deposes and states that he has the authority to make this certification on behalf of the bidder for the construction, product, commodity, or service briefly described as follows: “Traffic Control and Street Lighting System Maintenance” (A) The undersigned certifies that, pursuant to Chapter 720, Section 5/33E of the Illinois Compiled Statutes, 1993, the bidder is not barred from bidding on this contract as a result of a conviction for the violation of State of Illinois laws prohibiting bid-rigging or bid-rotating. (B) The undersigned states under oath that, pursuant to Chapter 65, Section 5/11- 42.1-1 of the Illinois Compiled Statutes, 1993, the bidder is not delinquent in the payment of any tax administered by the Illinois Department of Revenue. (C) The undersigned certifies that, pursuant to Chapter 775, Section 5/2-105. of the Illinois Compiled Statutes, 1993, the bidder has a written sexual harassment policy in place including the following information: 1. An acknowledgment of the illegality of sexual harassment. 2. The definition of sexual harassment under State law. 3. A description of sexual harassment, utilizing examples. 4. The contractor’s internal complaint process including penalties. 5. The legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission. 6. Directions on how to contact the Department or the Commission. This business firm is: (check one) _____ Corporation _____ Partnership _____ Individual Firm Name: __________________________________________________ Address: ___________________________________________________ City, State, ZIP:____________________________________________ Signature:___________________________________________________ 2017 Traffic Signal MaintenanceRebid.doc Name Printed:________________________________________________ Title:_______________________________________________________ Telephone:__________________________Date:____________________ ATTEST: ___________________________ -SEAL- SUBSCRIBED AND SWORN TO before me this ______ day of _____________, 20___ _____________________________ Notary Public 2017 Traffic Signal MaintenanceRebid.doc Section I Contract Traffic Control and Street Lighting System Maintenance 1. THIS AGREEMENT, made and concluded this _____ day of ________, 2017 between the Village of Oak Brook, a municipal corporation, acting by and through its President and Board of Trustees, known as VILLAGE, and ________________ his executors, administrators, successors or assigns, known as CONTRACTOR. 2. WITNESSETH: That for and in consideration of the payments and agreements mentioned in the Bid hereto attached, to be made and performed by the VILLAGE, and according to the terms expressed in the Bond (if applicable) referring to these presents, the CONTRACTOR agrees, at their own proper cost and expense, to do all work, furnish all materials and all labor necessary to complete the work in accordance with the plans and specifications hereinafter described, and in full compliance with all of the terms of this Contract. 3. PERIOD OF CONTRACT: This Contract will be in full force for one year beginning May 1, 2017 – April 30, 2018. This contract will be for one year with three additional one year options to renew at the Village’s sole discretion. This Contract is subject to the right of the VILLAGE to cancel and terminate the same at any time, with or without cause, by giving not less than thirty (30) days notice to the CONTRACTOR. In the event of such cancellation, the CONTRACTOR shall be entitled to receive payment for services and work performed and materials and equipment furnished under the terms of the Contract prior to the effective date of such cancellation, but shall not be entitled to receive any damages on account of such cancellation or any further payment whatsoever. 4. And it is also understood and agreed that the entire Bid Package hereto attached, approved by the VILLAGE of the State of Illinois this _____ day of ________, 2017, are all essential documents of this contract and are a part hereof. 5. IN WITNESS WHEREOF, the said parties have executed these presents on the above mentioned date. 2017 Traffic Signal MaintenanceRebid.doc ATTEST: VILLAGE OF OAK BROOK ____________________________ By____________________________ Charlotte K. Pruss Gopal G. Lalmalani Village Clerk Village President ATTEST: _____________________________ Corporate Name ___________________________ By______________________________ Secretary Contractor Partners doing Business under (If a Co-Partnership) the firm name of _____________________________ _____________________________ _____________________________ ________________________________ Party of the Second Part (If an Individual) _____________________________ Party of the Second Part 2017 Traffic Signal MaintenanceRebid.doc SEXUAL HARASSMENT CERTIFICATE hereinafter referred to as “Contractor” having submitted a bid/proposal for to the Village of Oak Brook, DuPage/Cook Counties, Illinois, hereby certifies that said Contractor has a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105(A)(4) including the following information: 1. An acknowledgment of the illegality of sexual harassment. 2. The definition of sexual harassment under State law. 3. A description of sexual harassment, utilizing examples. 4. The contractor’s internal complaint process including penalties. 5. The legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission. 6. Directions on how to contact the Department of the Commission. 7. An acknowledgment of protection of a complaint against retaliation as provided in Section 6-101 of the Human Rights Act. Each contractor must provide a copy of such written policy to the Illinois Department of Human Rights upon request. By: Authorized Agent of Contractor Subscribed and sworn to before me this _____ day of ____________, 20____ ___________________________________ Notary Public 2017 Traffic Signal MaintenanceRebid.doc CONTRACTOR'S CERTIFICATIONS (CONTRACT EXECUTION) ______________________, having executed a contract for ____________________with the VILLAGE, hereby certifies that said contractor is not barred from executing said contract as a result of a violation of either Section 5/33E of Chapter 720 of the Illinois Compiled Statutes. (DRUG-FREE WORKPLACE) Contractor deposes, states and certifies it will provide a drug free workplace by complying with Section 3 of the Illinois Drug Free Workplace Act, being 30 ILCS 580/3. Attest/Witness: Successful Bidder By: _____________________ By: ____________________________ Name of Contractor’s Executing Officer Title: _____________________ Title: ___________________________ Title of Contractor’s Executing Officer Subscribed and Sworn to before me this ______ day of ______________, 20____ ___________________________ My Commission Expires: __________ Notary Public -SEAL- 2017 Traffic Signal MaintenanceRebid.doc PREVAILING WAGE AFFIDAVIT I, ___________________________(name of signatory), on oath hereby state and certify that _____________________________ (name of Contractor), pursuant to a Contract dated ___________, 2017, with the Village of Oak Brook for the ______________ Project, has complied and will comply with all laws, including those relating to the employment of labor, the payment of the current general prevailing rate of hourly wages for each craft or type of worker or mechanic needed to execute the Contract or perform such work, and also the current general prevailing rate for legal holiday and overtime work, as ascertained by the Illinois Department of Labor for DuPage County, Illinois, and those prevailing rates are paid and shall be paid for each craft or type of worker or mechanic needed to execute the aforesaid Contract or to perform such work. _____________________________ (name of Contractor) has also complied and will comply with all record keeping requirements established in the Prevailing Wage Act (820 ILCS 130/0.01, et seq. CONTRACTOR: By:_____________________________________ Title: ___________________________________ SUBSCRIBED AND SWORN TO BEFORE ME THIS _____ DAY OF _______________, 2017 ________________________________________ NOTARY PUBLIC 2017 Traffic Signal MaintenanceRebid.doc CERTIFICATION OF PAYROLL RECORDS I, ___________________ (name of person executing this certificate), do hereby certify that I am the duly qualified and acting __________________ (title) for ____________________, (name of contractor) and, as such, am authorized to certify payroll records as true and accurate for such company in accordance with the requirements of Section 5 of the Prevailing Wage Act (820 ILCS 130/5) (the "Act"). I do hereby further certify that the following document is a true and accurate copy of the records of all laborers, mechanics, and other workers employed by _____________ (name of contractor) on the 2010 Water Main Replacement Project (the "Project") for the Village of Oak Brook (the "Village"), including each such worker's name, address, telephone number, social security number, classification or classifications; and the hourly wages paid in each pay period, hours worked each day, and the starting and ending times of work each day for each such worker on such Project. I do hereby further certify that the hourly rate paid to each worker is not less than the general prevailing rate of hourly wages required by the Act, and that _______________(name of contractor), and I on behalf of such contractor, are fully aware that filing a certified payroll that we know to be false is a Class B misdemeanor. I further certify that upon two (2) business days' notice, if requested, we and any subcontractor hired by us shall make available for inspection the records required in the Act to the District, its officers and agents, and to the Director of Labor, his deputies and agents, at reasonable hours at a location within the State of Illinois. Date: ____________________, 2017 ____________________________________ (Name of Contractor) ____________________________________ (Signature) ____________________________________ (Printed Name) ____________________________________ (Title) Subscribed and sworn to before me this ____ day of _____________, 2017. ______________________________ Notary Public 2017 Traffic Signal MaintenanceRebid.doc