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R-1374 - 05/27/2014 - BGC-ADMIN - Resolutions Exhibits RESOLUTION 2014-BGC-I RGTN-AG-R-1374 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND TERRACOE FOR THE INSTALLATION OF AN IRRIGATION SYSTEM AT THE BUTLER GOVERNMENT CENTER WHEREAS, the Village desires to install an irrigation system at the Butler Government Center ("Improvements") to beautify the Butler Government Center campus; and WHEREAS, the Village solicited bids for the construction of the Improvements ("Construction Services"); and WHEREAS, the Village received five bids for the Construction Services; and WHEREAS, Terracoe, Inc. ("Terracoe") was the lowest responsive and responsible bidder to provide the Construction Services; and WHEREAS, the Village and Terracoe desire to enter into and execute an agreement for Terracoe to provide the Construction Services ("Agreement'); and WHEREAS, the President and Board of Trustees have determined that it is in the best interest of the Village to award the Construction Contract to Terracoe and enter into the Agreement; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Approval of the Agreement. The President and Board of Trustees hereby award a contract and approve the Agreement by and between the Village and Terracoe for Terracoe to provide the Construction Services, which Agreement shall be completed in a final form acceptable to the Village Manager. Section 3: Authorization and Execution of the Agreement. The Village President and Village Clerk shall be, and hereby are, authorized to execute the approved final Agreement on behalf of the Village after receipt of the final Agreement fully executed by Burke. Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Resolution 2014-BGC-IRGTN-AG-R-1374 Construction Services for Irrigation System 2 of 2 APPROVED THIS 27th day of May, 2014 („<____ , ,..„ ._ ,..,___ ,,,,.:______ . , Gopal G. Lalmalani Village President PASSED THIS 27th day of May, 2014 Ayes: Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf Nays: None Absent: None ATTEST: � &� t! t �,Y ///,..TV-1. .ms's yd i :: � t r'` ,; „tr 1 Charlotte K. Pruss t - �' , t -: Village Clerk F'�' 4. i`i c is ,. �cOF 044-e o Village of Oak Brook Butler Government Center Irrigation 0 o System Installation - Phase 'co ,.\ Bid Package May 2014 Table of Contents Section A. Notice to Bidders B. Bid C. Instructions D. Specifications E. General Conditions F. Statement of Contractor's Qualifications G. References H. Bid Certification I. Contract J. Contract Bond • Section A Notice to Bidders ,.. Posted on the Village Website May 1, 2014 NOTICE TO BIDDERS VILLAGE OF OAK BROOK The Village of Oak Brook will receive bids for: Butler Government Center Irrigation System Installation - Phase I A Pre-Bid meeting will be held at 10:00 a.m. on Thursday, May 8, 2014 in the Samuel E. Dean Board Room, located in the Butler Government Center, 1200 Oak Brook Road, Oak Brook, Illinois 6052. Attendance at this meeting is mandatory. The purpose of the meeting is to give all prospective bidders the opportunity to view and inspect the site. Any questions or concerns can be addressed at this time. Sealed bids will be received by Rania Serences, Senior Purchasing Assistant, Village of Oak Brook, until Friday, May 16, 2014 11:00 A.M., prevailing time, and publicly opened in the Samuel E. Dean Board Room, located in the Butler Government Center, 1200 Oak Brook Road, Oak Brook, Illinois 60523. Bids received after this time will not be considered and will be returned unopened. 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 A.M. and 4:30 P.M. Monday through Friday. There is no charge for the package. 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. 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. Charlotte K. Pruss Village Clerk Section B Bid Butler Government Center Irrigation System Installation - Phase I 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 the specifications in this Bid Package. The undersigned submits herewith his bid for the indicated item as follows: Complete the Butler Government Center Irrigation System Installation Phase I as contained in Section D and in the attached drawing: Lump Sum Total $ (1 000 • od In Words lin-% 21 e_i ct[ ,A4 (Od The Village of Oak Brook reserves the right to reject any or all bids and to waive a any informalities in bidding and to accept the bid deemed most advantageous to it. Page 1 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. This bid shall be held valid for a period of ninety (90) days after the bid due date. 3. INSTRUCTIONS: The undersigned contractor shall comply with all provisions and requirements of this,Bid Package. 4. TIME OF COMPLETION: The undersigned affirms and declares that if awarded the contract for this work he will completely perform said contract in strict accordance with its terms and conditions 45 days after the start of the project, unless additional time shall be granted by the Village in accordance with the provisions of the specifications. Should the contractor fail to complete the work by said date or within such extended time as may have been allowed, the contractor shall be liable to the Village in the amount set forth in the specifications. 5. BID GUARANTEE: N/A • Page 2 Firm Name: 25` T 22— S Pr-rk on 1 (LC • Address: ,),C W L 3 \ CdUD U 24- City, State, ZIP: 2 S G 2.o e-f TA— Signature: Name Printed: R 6 L ( F d m Q2S i C O Title: e 2 e S t n i Telephone: C6 3 a c1 e 0 Lf Date: 5 - 1 3 - If a Corporation: ATT:ST: /41 1 --- Secretary Page 3 Section C Instructions 1. RECEIPT OF BID: Friday, May 16, 2014, 11:00 A.M. 2. BASIS OF BID: Sealed bids will be received until the above noted time and date. 3. PROJECT DESCRIPTION: Butler Government Center Irrigation System Installation - Phase I 4. PREPARATION AND SUBMISSION OF BID: A. A Pre-Bid meeting will be held at 10:00 a.m. on Thursday, May 8, 2014 in the Samuel E. Dean Board Room, located in the Butler Government Center, 1200 Oak Brook Road, Oak Brook, Illinois 6052. Attendance at this meeting is mandatory. The purpose of the meeting is to give all prospective bidders the opportunity to view and inspect the site. Any questions or concerns can be addressed at this time. B. Sealed bids will be received by Rania Serences, Senior Purchasing Assistant, Village of Oak Brook, until Friday, May 16, 2014, 11:00 A.M., prevailing time, and publicly opened in the Samuel E. Dean Board Room, located in the Butler Government Center, 1200 Oak Brook Road, Oak Brook, Illinois 60523. Bids received after this time will not be considered and will be returned unopened. C. The bid shall be submitted on the exact form furnished. All blank spaces for bid price, unit cost and alternates must be filled in--in ink--in both words and figures (as stipulated). In case of any discrepancy in the amount proposed, the prices expressed in written words shall govern. D. A complete bid package must be submitted, including the following items: 1. Bid 2. Statement of Qualifications 3. References 4. Bid Certification 5. Signed Contract E. The Contract and Contract Bond (Performance and Payment) are provided as information, and will be completed only upon acceptance of the bid by the Village. The surety company issuing the Contract Bond must be listed and approved by the U.S. Department of the Treasury. Letters of Credit will not be accepted in place of the Contract Bond. F. Separate sheets is included in the bid package for the purpose of explanation, exception, alternate bid and to cover the unit price, if needed. G. In submitting this bid, the contractor further declares that the only person or party interested in the bid as principals are those named herein, and that the bid is made without collusion with any other person, firm or corporation. Page 1 H. The contractor 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. I. The contractor 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. J. The contractor declares that he understands that the quantities listed on the Bid are approximate only and that they are subject to increase or decrease; and that he will take in full payment thereof the amount and the summation of the actual quantities, as fully determined by the Village. K. The contractor further agrees that the price submitted within the bid is for the purpose of obtaining a gross sum, and for use in computing the value of extras and deductions. If there is a discrepancy between the gross sum bid and that resulting from the summations of the quantities multiplied by the unit price, the latter shall apply. L. The contractor 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, at the contract unit price. N. The contractor 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 lump sum price, and which are not included under the bid price for other items in the Contract, shall be performed as extra work, and compensation shall be as set forth in the specifications. N. The contractor further agrees to execute all documents within this Bid Package, obtain a Certificate of Insurance for this work and present all of these documents within fifteen (15) days after the receipt of the Notice of Award and the Contract by him. 0. The contractor further agrees that he and his surety will execute and present within fifteen (15) days after the receipt of the Notice of Award and the Contract, a Contract bond satisfactory to and in the form prescribed by the Village, in the penal amount of 100% of the Contract amount, guaranteeing the faithful performance of the work and payment for labor, material supplies, and subcontractors in accordance with the terms of the Contract. P. The contractor 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 as will insure its completion within the time limit specified within the Bid, it being understood and agreed that the completion within the time limit is an essential part of the contract. Page 2 Q. By submitting a Bid, the contractor 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. R. No bid will be considered unless the party offering it shall furnish. evidence satisfactory to the Village that he has necessary facilities, ability and pecuniary resources to fulfill the conditions of the Contract. S. If the contractor is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, he may submit to the Public Works Director a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the documents will be made only by addendum duly issued by the Village. The Village will not be responsible for any other explanation or interpretation of the Bid Package. 5. SUBSTITUTIONS: A. Certain materials and equipment are specified by a manufacturer or trade name to establish standards of quality and performance and not for the purpose of limiting competition. Bidders are invited to submit bids not only on named items but also on items which they propose for substitution of named items. Products of other manufacturers may be substituted, if, in the opinion of the Village, they are equal to those specified in quality, performance, design and suitability for intended use. Where two or more items are specified, the selection among those specified is the bidder's option, or he may submit his bid on all such items. B. Bids shall be based on materials included in the specifications. Substitutions for the purpose of evaluating bids will be considered only if proposed substitutions are set forth in the sealed bid and will only be accepted prior to the award of the contract. The offer of substitutions shall be an integral part of the bid, appearing immediately after all requested bids and before the signature of the bidder. C. Substitutions of materials other than those specified will not be considered in the base bid price. However, other substitutions may be listed in the specified place in the Bid Form, with the indication of the change in the base bid price for the total cost. D. In addition to the requirements heretofore mentioned, in order for substitutions to qualify for consideration, the following shall accompany each bid: 1. Each proposed substitution shall be itemized showing manufacturer name, catalog number, quantity, unit cost and total cost. The bidder shall prepare the necessary forms to list his substitutions in the manner outlined. 2. Each bid offering substitutions shall be accompanied by descriptive literature, catalog data, complete technical specifications and reports of all pertinent tests concerning the bidder's proposed substitutions Page 3 6. BASIS OF AWARD: The Village of Oak Brook reserves the right to reject any or all bids and to waive any informality or technical error and to accept any bid deemed most favorable to the interests of the Village of Oak Brook. In addition to price, the Village will consider: 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. 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 7. CONDITIONS: The Village is exempt from Federal excise tax (#36-600-9534) and the Illinois Retailer's Occupation Tax (#E9997-4381-06). This bid cannot include any amounts of money for these taxes. 8. WARRANTY: Upon completion the Contractor shall supply a one year warranty covering material and workmanship. 9. 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. Page 4 10. 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. 11. INSURANCE: Certificates of Insurance 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 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 of 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: 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; Page 5 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 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 Page 6 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. 12. 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. 13. 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. 14. 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 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 Page 7 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. 15. EMPLOYMENT OF ILLINOIS WORKERS DURING PERIODS OF EXCESSIVE UNEMPLOYMENT: The Contractor shall comply with all Illinois statutes pertaining to the selection of labor. Whenever there is a period of excessive unemployment in Illinois, which is defined herein as any month immediately following 2 consecutive calendar months during which the level of unemployment in the State of Illinois has exceeded 5 percent as measured by the United States Bureau of Labor Statistics in its monthly publication of employment and unemployment figures, the Contractor shall employ only Illinois laborers. "Illinois laborer" means any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident. Other laborers may be used when Illinois laborers as defined herein are not available, or are incapable of performing the particular type of work involved, if so certified by the Contractor and approved by the Municipality. The Contractor may place no more than 3 of his regularly employed non-resident executive and technical experts, who do not qualify as Illinois laborers, to do work encompassed by this Contract during a period of excessive unemployment. This provision applies to all labor, whether skilled, semi-skilled or unskilled, whether manual or non-manual. 16. COPIES OF DOCUMENTS The number of copies of Contract and Bond required to be executed is as follows: a)Two (2) original counterparts of the Contract documents will be required to be executed. • 17. 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: Page 8 • • A Bid 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. A bid 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. A bid 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. 18. NON-DISCRIMINATING: The Vendor, 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. 19. 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 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. 20. 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. Page 9 21. 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. Page 10 Section D Specifications Butler Government Center Irrigation System Installation - Phase I 1 - GENERAL 1.1 PURPOSE OF SPECIFICATIONS A. The purpose of these specifications is to provide the Contractor with sufficient information which, together with the drawings, will allow the Contractor to install the irrigation system (the Project) in an efficient, timely and satisfactory manner in accordance with the highest standards of workmanship for commercial irrigation system installation so that the completed system shall effectively and efficiently irrigate all required areas, be complete in every respect, and operate to the satisfaction of Owner. 1.2 SCOPE OF WORK A. The Work covered by these specifications shall include furnishing of all supervision, labor, materials, tools, and equipment necessary to perform and complete the installation of the Project specified herein and as shown on the drawings and any incidental work not shown or specified which can reasonably be determined to be part of the Work and necessary to provide a complete and functional system. B. Contractor shall procure and maintain in full force and effect all necessary or required permits, and shall pay or discharge, prior to the completion of the Project, all mechanics' liens, all federal, state, and local taxes and any other costs associated or incidental to the Project, whether or not foreseeable at the time of or during construction. C. No deviation from these specifications, drawings or Agreement shall be made without the prior written authorization of the Owner or his representative. 1.2 DEFINITION AND INTENT OF DOCUMENTS A. The "Contract Documents" consist of the Agreement, drawings, and the written specifications, including all modifications agreed to by the parties at any time during the construction period. They are complimentary and shall be interpreted as a whole in accordance with the laws of the State in which the contract is executed. B. Contractor shall comply with the true intent of the "Contract Documents". Indicated dimensions on drawings shall take precedence over scaled measurements. Detailed installation drawings supplied by Owner shall take precedence over any general drawing provided. 1.3 EXAMINATION AND VERIFICATION OF DRAWINGS AND SITE 1 A. All plot plan dimensions are approximate. Drawings are generally diagrammatic and indicative of the work to be performed. Due to the scale of the drawings it is not possible to indicate all offsets, fittings, sleeves, etc. which may be required. • B. When furnished, Manufacturers' directions, specifications, and detailed drawings shall be followed in all cases with regard to points not shown in the "Contract Documents". Contractor shall inform the Owner of any discrepancies between manufacturers' directions and the "Contract Documents" and such discrepancies shall be resolved in writing by the Owner, before work is done in connection therewith. C. Prior to commencing work on the Project, Contractor shall carefully check and verify all dimensions and shall make a written report to the Owner of any discrepancy or variation from those shown on the plot plan, and such discrepancy or variation shall be resolved by the Owner before any work with regard thereto is commenced. If installed equipment requires replacement or reinstallation as a result of any unresolved discrepancy or variation, it shall be at the Contractor's expense. D. Contractor shall be responsible for verifying the location of all existing utilities above and below ground, including but not limited to conduits, gas lines, water and sewer lines, sprinkler lines, and electric, telephone and TV cables, etc., prior to commencing any construction. E. Owner shall provide to Contractor all available information consisting of drawings, sketches, and observations to help the Contractor locate existing utilities. Contractor is responsible for all repairs resulting from damage to said utilities, regardless of the advice and assistance of Owner. 1.4 OWNER'S AUTHORIZED REPRESENTATIVE A. Owner shall appoint a representative to work with Contractor, who shall have full authority to make field changes deemed necessary, approve work performed by Contractor and approve Contractor's requests for payment. Contractor shall be kept advised, in writing, of the current such representative's name, address and telephone number. Whenever the Owner's action is required under the "Contract Documents", action by said representative shall be deemed the action of the Owner. 1.5 REGULATIONS, PERMITS, FEES, AND INSPECTIONS A. Contractor shall procure and pay for all temporary permits and licenses necessary to the prosecution and completion of the work. B. Permits, licenses, and easements for permanent structures or permanent changes to existing facilities shall be procured by and paid for by Owner, unless otherwise specified. C. Local, municipal, state, and federal laws, ordinances, rules and regulations governing or relating to any portion of the Project are hereby incorporated into and made part of these specifications and nothing contained herein shall be construed or interpreted to conflict therewith. However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required thereby, the provisions of the specifications and drawings shall take precedence. 2 D. If Contractor observes any conflict with said laws, ordinances, rules or regulations, it shall promptly give Owner written notification thereof, and Owner shall thereupon resolve such conflict. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, without notice to and consent by Owner, it shall be liable for all costs arising there from, including but not limited to the change and correction thereof. E. In all cases where inspection of the irrigation system work is required or where portions of the work are specified to be performed under the direction of Owner, Contractor shall notify the Owner at least 24 hours prior to the time when such inspection and/or direction is required. Any necessary re-excavation or change to the system occasioned by the failure of Contractor to give the required notification shall be performed at Contractor's expense. 1.6 GUARANTY—WARRANTY A. Contractor warrants and guarantees that for a period of one (1) year from the date of final completion and acceptance of its work hereunder, all work performed by it under this contract shall be free from any defects in workmanship and materials and agrees, at its own expense, to repair and/or replace any defective work and materials and all other work damaged thereby which become defective during the term of the guaranty-warranty in an expeditious manner. B. Owner retains the right to make emergency repairs without relieving Contractor's guaranty obligation. In the event Contractor does not respond to Owner's request for repair work under this guaranty-warranty within a period of forty-eight hours, Owner may make such repairs as he deems necessary at the full expense of Contractor. C. Any settling of backfilled trenches that may occur during the guaranty-warranty period shall be repaired by Contractor at no additional expense to Owner, including the complete restoration of all plantings, paving, or other improvements of any kind, damaged as a result thereof. 1.7 PROTECTION OF WORK AND PROPERTY A. Contractor shall be liable for any damage resulting from its operations, to existing buildings, equipment, piping, pipe coverings, electrical systems, sewers, sidewalks, roads, grounds, landscaping, or structure of any kind, occurring during the course of its work, whether through negligence or otherwise. Such damaged property shall be replaced or repaired by Contractor at its own expense in a manner satisfactory to Owner, which repair or replacement shall be a condition precedent to Owner's obligation to make final payment under the Contract. B. Contractor shall be responsible for damage to any work, completed or otherwise covered by this specification before final acceptance of the work. Contractor shall securely cover all openings into the system (i.e. unfinished pipelines) and cover all apparatus, equipment, and appliances, both before and after being set in place to prevent obstructions in the pipes and the breakage, misuse, or disfigurement of the apparatus, equipment, or appliance. 3 C. Contractor shall adequately protect adjacent property as provided by law and the Contract Documents. 1.8 SUPERVISION A. Contractor shall at all times have a competent superintendent acceptable to the Owner; and any necessary assistants, on the site of the work to insure complete compliance with the "Contract Documents". B. The superintendent shall represent Contractor and all directions given to him shall be as binding as if given to Contractor. 1.9 SUBMITTALS A. Within seven calendar days of the award of the contract, Contractor shall submit to Owner three copies of a materials list complete with manufacturers' names, and model numbers covering all material to be furnished under these specifications with three copies of descriptive literature on all items listed on the material list. Items to be covered are as follows. 1. pipe; 2. solvent welded and ring gasket joint fittings; 3. brass and bronze fittings; 4. gate valves; 5. valve boxes; 6. sprinklers; 7. remote control valves; 8. wire and connectors; 9. pump and controls. C. All materials shall be those specified herein and approved by Owner. Substitutions must be approved in writing by Owner. No work shall be commenced prior to such approval. C. Contractor shall furnish the Owner with two individually bound manuals detailing operation and maintenance requirements for all components installed in the irrigation system. Each manual shall include the following items: 1. index sheet stating Contractor's name, address, and telephone number; 2. duration and calendar dates of warranty period; 3. materials list including manufacturers' names, make and model numbers, name, address, and telephone number of manufacturers' representatives; 4. spare parts list; 5. detailed operation and maintenance instructions for all equipment. D. Contractor shall furnish the Owner with a signed and dated check list prior to the final review of the work. The check list shall include the following items, each of which shall be fully detailed with names and dates: 1. permits; 2. material list approvals; 3. leakage tests; 4. record drawings (as-built); 5. operation and maintenance manuals; 4 6. manufacturers' warranties; 7. Contractor's guarantees. 1.11 RECORD DRAWINGS A. Owner shall furnish Contractor with a copy of Irrigation Plane drawing file containing the system design for the purpose of having Contractor produce prints for field work and for record keeping during construction. One set of prints shall be designated as a record set. B. Immediately upon installation of any piping, valves, wiring, splices, sprinklers, etc., in loca- tions other than shown on the original drawings or of sizes other than indicated, Contractor shall clearly indicate such changes on the record set of prints. Location of changes shall be indicated by dimensions from two permanent points of reference. Entries shall be made on a daily basis. All record prints shall be neat and subject to the approval of Owner. C. Contractor shall indicate on the record prints the location of all wire splices, original or due to repair, that are installed underground in a location other than next to a satellite controller pedestal, remote control valve box, power source, or connection to a valve in head sprinkler. D. The record prints shall also serve as work progress sheets. Contractor shall make neat and legible notations thereon daily as the work proceeds, showing the work as actually installed. Record prints shall be available at all times for review and shall be kept in a location designated by Owner. E. If in the opinion of Owner the as-built information is not being properly recorded, construction may be stopped until the proper information has been recorded. Any such stoppage of the work by Owner shall not extend the time for completion of the contract. F. Before final inspection and approval, Contractor shall deliver a final drafted copy of the drawing file or a reproducible print of that file, plus one set of prints generated from that file, incorporating all changes noted on the work copies and all notes made during construction. 1.12 CERTIFICATES OF PAYMENT - NOTICE OF COMPLETION A. The completion of the contract will be accepted and the Notice of Completion recorded only when the entire Project is complete to the satisfaction of Owner. Completion of contract implies that all intended areas of the project are irrigated as shown on the drawings, the irrigation system and pumping plant operate automatically as intended, operations and maintenance manuals have been delivered to the Owner, and operator training has been completed. B. No certificate issued or payment made to Contractor shall be construed or interpreted as an acceptance of any work or materials not in accordance with this contract. C. Partial or complete occupancy of the work by Owner shall not be construed or interpreted as an acceptance of any work or materials not in accordance with this contract. 5 D. The making and acceptance of the final payment shall constitute a waiver of all claims by Owner, other than those arising from unsettled liens, unsettled claims previously made in writing, from faulty work appearing after final payment, or from requirements of the specifications, and of all claims by Contractor, except those previously made in writing and still unsettled. 1.13 MATERIALS AND EQUIPMENT FURNISHED BY OTHERS A. In the event the scope of work includes installation of materials or equipment furnished by others, it shall be the responsibility of Contractor to examine the items so provided and thereupon handle, store, and install the items with such skill and care as to insure satisfactory completion of the Project. B. Loss or damage due to acts of Contractor shall be charged to the account of Contractor and deducted from moneys due under this Agreement. 1.14 CONTRACTOR AS AN INDEPENDENT CONTRACTOR A. Contractor is an independent contractor and shall, at his sole cost and expense, and without increase in the Contract Price, comply with all laws, rules, ordinances, and regu- lations of all governing bodies having jurisdiction over the work; obtain all necessary permits and licenses therefore; pay all manufacturer's taxes, sales taxes, use taxes, pro- cessing taxes, and all federal and state taxes; provide liability insurance protecting it and the Owner from all risks and perils usually inherent in work of the kind and nature contemplated hereby; make appropriate provisions for withholding taxes for its employees and contributions for Social Security, Worker's Compensation and unemployment in- surance benefits which are measured by wages, salaries, or other remuneration paid to Contractor's employees, whether levied under existing or subsequently enacted laws, rules, or regulations. Contractor, upon request, shall furnish evidence satisfactory to Owner that any or all of the foregoing obligations have been fulfilled. 1.15 COMPENSATION FOR ADDITIONS AND DELETIONS A. Minor additions to or deletions from the project will be reimbursed to Contractor based upon the unit prices listed on the material take-off accompanying the Bid Form. B. Compensation for major additions to the project involving main pipelines, water services, electrical services, sizable additions to area of coverage, etc., will be determined on a time and material basis. C. All changes, deletions, and additions shall be approved in advance and in writing by Owner prior to incorporation of said change. 1.16 CLEAN-UP OF WORK SITE A. Contractor shall, during the course of construction remove all waste materials from the site recurrently as is necessary to maintain the site in a clean and orderly condition-. B. Upon completion of the work under this contract, Contractor shall remove from the work site all temporary structures, debris, and waste due to his operation and clean all surfaces, equipment, etc., relative to the performance of this contract. 6 D. If Contractor fails to perform a clean-up function within forty-eight hours after notification by Owner to do so, Owner may proceed with the clean-up function as he deems necessary and in the manner deemed most expedient, and all costs thereof shall be at the sole expense of Contractor, and shall be deducted from moneys due under this contract. 1.17 INSPECTIONS A. The following inspections shall be made by Owner during construction. 1. Pressure and leakage test of the piping system. Test to be conducted by Contractor. 2. Trench depth, change of depth, thrust blocking of pipe lines. 3. Finished grade of sprinklers and valve boxes. 4. Restoration of grades upon completion of installation. 5. Test of manual and automatic operation of all equipment. B. All tests and inspections must be passed satisfactorily before final acceptance of the system by Owner. C. Some tests and inspections may be waived at the discretion of Owner. Waiver of tests and inspections shall be permitted upon written notification by Owner. D. Contractor shall remain responsible for all work and proper function of all system components whether tested, inspected, or not. 1.18 POWER SOURCES A. Contractor shall be responsible for electrical permitting for his work where required by local ordinances. 2-MATERIAL Materials shall be purchased from John Deere Landscapes. 2.1 PIPE AND FITTINGS A. Material Source and Quality: Use only new materials throughout. Use only those cleaners, solvents, primers, lubricants, and sealants specified herein and/or accepted and specified by the pipe and fitting manufacturers. B. Solvent Weld Joint Pipe: All plastic pipe shall be PVC 1120, Class 200, SDR 21, solvent weld joint, and be in accordance with the latest revision of ASTM Standard 2241. The pipe shall be supplied in twenty foot lengths. One end shall have an integral molded socket conforming to the outside diameter of the pipe. C. Above Ground Pipe: All pipe installed in an exposed location, regardless of size, shall be Type K copper water tube. D. Solvent Weld Fittings: Meeting or exceeding the requirements set forth in ASTM D-2466, Polyvinyl chloride Schedule 40 Socket Type Pipe Fittings. 2.2 SPRINKLERS 7 A. Turf Rotors B. Spray Sprinklers C. Landscape Drip/Xerigation 2.3 VALVES A. Bronze Body, Threaded, Manual Valves: Isolation valves shall be Hammond model and size as noted on the drawing. B. Valve Boxes: Valve boxes are to be high impact plastic as manufactured by Carson Brooks, or equal. 'Economy' grade boxes are not acceptable. C. Quick Coupling Valves D. Remote Control Valve E. Backflow Preventor. 1. The backflow preventor shall be a reduced pressure zone unit, meeting or exceeding the requirements for flow rates and head loss of FCCCHR at U.S.C., ASSE Standard 1013, ANSI/AWWA C511-89, IAPMO (UPC), and CSA B64.4. 2. Body shall be bronze meeting ASTM Standard B584-89. Internal parts shall be made from corrosion resistant materials. 3. The unit shall be equipped at the inlet and outlet with ball valves and unions. 4. The backflow preventor shall be Wilkins or Febco model and size as indicated on drawing. 2.4 CONTROL SYSTEM A. Irrigation Controller B. Rain Sensor 2.5 WIRING A. 24 Volt Valve Wire: The 24 volt valve control wire shall be copper type OF irrigation control wire. 14/2 twisted 2 wire red/blue B. Wire Splices 1. Valve control wire, 14 AWG, shall be spliced using 3M Corporation model DBY or DBR direct burial splice kits. 8 2. Power wire, 120/240 vac, shall be spliced using 3M Corporation model DBY-6 or DBR- 6 direct burial splice kits. 3 - EXECUTION 3.1 PIPE AND FITTINGS A. Pipe Sizes 1. Contractor will follow pipe sizing as shown on the drawings. Changes in size and points of interconnections must be approved by Owner. Improper changes in size and points of interconnections may result in poor sprinkler performance or excessive water hammer. C. Above Ground Pipe: All copper pipe shall be fitted with solder joints and/or solder x threaded adapters. D. Threaded Fittings . 1. All threaded fittings shall be made using Teflon tape. 2. Plastic threaded fittings shall be made using hand pressure only. Threaded plastic assemblies made using wrenches will be rejected. 3. Metal pipe threaded fittings shall be made using Teflon tape or paste and wrench pressure. E. Solvent Welding 1. All solvent welding of pipe and fittings shall be in accordance with their manufacturer's recommendations. Color tinted primer and clear solvent must be used at all joints. 2. All solvent welded joints must remain undisturbed for at least 15 minutes, and not subjected to internal nor external pressure for at least one hour. 3. Contractor shall familiarize himself and his workers with proper solvent welding technique as outlined below. a. Cut pipe as square as possible using proper pipe cutting tools. b. Deburr the cut end, both inside and outside surfaces using a deburring tool or knife. c. Clean the surfaces to be joined using a dry towel and/or sandpaper. d. Using a natural bristle brush apply primer to both of the mating surfaces, ensur- ing that all surface is covered liberally. e. Before the primer dries apply solvent liberally to the pipe, once around and to a depth exceeding the socket depth. f. Apply a light coat of solvent around the entire depth of the socket. g. Apply a second liberal coat of solvent on the pipe. h. Insert the pipe into the socket to its full depth and rotate one quarter turn. i. Hold joint together for at least 15 seconds. j. Wipe excess solvent from the joint before it hardens. 9 k. Do not allow a bead of solvent to harden at the exterior corner between the pipe and the fitting. I. Notes regarding solvent welding: m. Do not solvent weld when the surfaces are wet with water. n. The solvent, primer, pipe, and fittings should be at the same temperature. o. Use solvent and primer appropriate to the pipe size and the temperature. p. Discard outdated or obviously contaminated solvent and primer. F. Trench Installation 1. All mainline pipe shall have a minimum of 18" of cover. All lateral line pipe shall have a minimum of 12" of cover. 2. Depth changes shall be accomplished by sloping the pipe or by using 45 degree fittings. 3. The minimum trench width for pipe sized shall be six inches (4"). 4. Blocking should not be used to change pipe grade or to intermittently support pipe across excavated sections. Do not lay pipe so that local 'low spots' occur that will not allow the water to drain and introduce possible freeze damage in the winter. 5. Pipe shall be laid in open trenches so that it snakes back and forth through the trench to allow for expansion and contraction. 6. At the end of each work day, the Contractor shall cover the open end of the pipe so as to prevent silt, debris, or small animals from entering the pipe. Open ends shall be covered with a ten (10) mil plastic held securely in place with tape. G. Contractor is responsible for disposal of uncovered rock and debris resulting from his work. H. Rock Excavation: Contractor shall be compensated for trenching through rock according to a previously agreed upon price. Owner shall be notified immediately by Contractor when normal open trench technique is not possible due to rock obstructions. 1. The initial backfill in contact with the pipe and immediately surrounding it shall be of fine-grained material free from rocks, stones, or clods greater than approximately 3/4" diameter and earth clods greater than approximately 2" diameter. The back-fill shall be tamped in layers not to exceed 6" lift and compacted firmly around the pipe and up to at least 6" above the top of the pipe. Backfill shall be compacted to 95% standard proctor density. The back-fill material shall be sufficiently damp to permit thorough compaction under and on each side of the.pipe to provide support, free from voids. Care should be taken to avoid deforming, displacing, or damaging the pipe during this phase of the operation. 2. The final back-fill shall be placed and spread in approximately uniform layers in such a manner as to fill the trench completely so that there will be no unfilled spaces under or around rocks or lumps of earth in the back-fill. Final back-fill shall be free of large rocks, frozen clods and other debris greater than 3" in diameter. Final back-fill shall be 10 mechanically tamped to 95% standard proctor density and finished with grade. Mounding of final back-fill in anticipation of natural settling is not acceptable. 3. Backfill excavations promptly following installation of irrigation sleeves. Compact material under sleeve haunches and bring backfill evenly up on both sides. Place and compact initial backfill of satisfactory soil material, free of particles larger than 1 inch, in layers no more than 4 inches in loose depth. Compact each layer with a hand- operated tamper. Place and compact final backfill of satisfactory soil material to final subgrade. 4. Compact each layer to at least 95 percent of maximum dry density in accordance with ASTM D698. Each layer shall be thoroughly tamped before placement of the successive layer. The top 12 inches of backfill shall be compacted to at least 98 percent of maximum dry density. Owner's geotechnical testing service shall be notified of the schedule for installation of irrigation sleeves in order to provide random testing of the backfilling and compaction. 5. If settling occurs, the Contractor shall remove finished surfacing, backfill with additional approved material, compact, and reconstruct surfacing. K. Flushing and Testing 1. Every effort must be made to prevent soil, sand, and other construction debris from entering the pipe. Mainline pipes must be thoroughly flushed with water prior to opening lateral isolation valves. Lateral pipes must be flushed with water vented through drains or sprinklers with the internal components removed. Contractor is responsible for the effects of construction debris in the pipelines on the irrigation equipment. 2. Contractor is responsible for pressure and leak testing the pipe network. Owner must be notified 24 hours in advance of a test. Tests may be applied to individual sections of the pipe network. 3. Test is to be conducted with pipe filled with water and all air expelled. 4. Test pressure is to be available line pressure. 5. Pressure test duration is to be 1 hour. Pressure must not drop more than 5 psi over the duration of the test. 3.2 SPRINKLERS A. Set all sprinkler heads perpendicular to finished grades with the top of the sprinkler at finished grade. 3.3 VALVES A. Bronze body, threaded, manual valves not associated with an electric remote control valve shall be installed below a 6" round valve box with 4" sleeving. 11 B. Remote control valve assemblies shall be installed as shown on the detail drawing. 3.4 VALVE BOXES A. Valve boxes shall be installed with the top flush with finished grade. Rectangular boxes shall be supported on block, brick, or pressure treated lumber. Excavation for the box shall be deep enough to accommodate 3" of gravel below the valve assembly, the valve assembly, support blocks, and valve box. There must be a minimum of 1" clearance between the bottom of the valve assembly and the top of the gravel bed. B. Round valve boxes are to be supported by plastic sleeving. Sleeve is to be notched to fit around the pipe and shall rest on a brick pad below the pipe. Sleeve must not rest on the pipe. 3.5 CONTROL SYSTEM A. Install irrigation controller at location to be determined. Valve wires to be carried in PVC conduit from trench to controller. B. Install rain switch in location to be determined. Location is to be exposed to rain, but protected from vandalism. Connect to controller with two 14 gauge wires installed in PVC conduit. 3.6 WIRING A. 24 Volt Valve Wire 1. One individual valve control wire shall be run from the controller to each valve, no matter how many valves are controlled per station. As many white common wires as necessary shall connect all of the valves controlled by a single satellite. 2. Provide an expansion coil within three feet of each wire splice or connection and at each change of direction. Each expansion coil shall be formed by wrapping at least six turns of wire around a two inch diameter pipe, then removing the pipe. 3. Install valve wire in trenches wherever possible. 3.7 GROUNDING 1. It is the responsibility of Contractor to provide surge protection for all electrical equipment installed by him in relation to the irrigation contract. 3.7 PUMPING SYSTEM 1. Construct the point of connection as shown on the drawing. 2. Motor control cabinet to be mounted adjacent to the pump enclosure on wood or steel supports. Interconnect the motor control cabinet to the pump enclosure with PVC conduit. 12 Section E General Conditions 1. Contractor shall have five (5) years of experience which is comparable in type and scope to this project. 2. All work shall take place between the hours of 7:00 a.m. and 3:30 p.m. Monday through Friday unless otherwise approved in writing by the Village. 3. The project will be done on consecutive work days until completed, delays only to inclement weather. 4. Contractor is required to obtain all necessary permits from the Village of Oak Brook, and schedule required inspections through Community Development. All Village permit fees will be waived. 5. The contractor shall supply to the Village, phone numbers where he/she can be reached after normal working hours. 6. The contractor must submit with the bid proposal five (5) references, names and phone numbers of similar projects completed within the last two (2) years. 7. The contractor must submit all manufacturers' literature on all materials that will be used on this project, including M.S.D.S. (Material Safety Data Sheets) prior to any work beginning. 8. A storage location for supplies, ladders and scaffolding shall be mutually agreed upon between the Village and the contractor before any material is stored on site. Deliver material with manufacturers labels intact and legible, store material on raised platforms and cover material with protective covering. 9. Before work is started, deliver to the job site sufficient material to complete the project. 10.If a dumpster is required, the location of the dumpster placement shall be mutually agreed upon between the Village and the contractor. 11.AII ladders and scaffolding shall be maintained during the course of this project and shall be secured at the end of each workday. 12.Provide barricades to ensure that falling debris will not injure anyone, and to prevent public access to the work area at all times. Yellow "CAUTION" tape will be placed below the immediate work areas of laborers and scaffolds to warn the public of men working overhead. 13.At all times the work and storage areas shall be kept in a clean, orderly, and a picked up manner, to prevent debris from blowing. Clean adjoining streets and immediate vicinity at the end of each work day. Sidewalks, windowsills, roofs and other work areas will be broom swept to remove all debris. Daily material and debris not placed into dumpster will be removed from the site. 14.Upon completion of the project the work area shall be cleaned. All debris and remaining material and supplies shall be removed from the jobsite, including the dumpster within 72 hours of completion. 1 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 Contractor may submit any additional information he or she desires. 1. Name of Contractor: C`(\ J QQ1 i an 1 (1 C 2. Permanent main office address: .)-0 ) ka\ Cc z b C-J ) toc.onczc. �2),--)c I-L 60G IL 3. When organized: M-a ` 1,9, I ,c) 4. If a corporation, where incorporated: o S 5. How many years have you been engaged in the contracting business under your present firm or trade name: e PL2-) 6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion) 1\ 0'(. 7. General character of work performed by your company: 2223 Pr T Co'01 8. Have you ever defaulted on a contract: jJ C) 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 \)e,( rnee? (_Mti6 T-erck P } Ve2_.MccfL (30(2:( r M4,, dr.\ n e 11. Experience in work similar in importance to this project: S q ez. E-1 eP9 ua aTe._ ( �1�Z n b 2 i S cn C.rivrt-e 2 Ei AM IpTb 'TY J1 S O F' et 1 ek c U s (�J c(R 6 'i e `( d=cis 12. Background and experience of the principal members of your organization, including the officers. `,Jo�k 4 g 't r� 'One_ •r2.2_,5 A-t bus Hess FG g_ U v et ..S ea2� 13. Credit available: 100 0OC) 14. Bank reference: T CF B pn,\ Page 1 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: \feS 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 Contractor's Qualifications. DOW r c- ) 7'N" DATED at G ate►ve , Illinois this l3 day of , 2014. I . By: 2-CS(dr 2vv't- Title STATE OF ILLINOIS ) ) SS. COUNTY OF ) (4a l F o rn P 2S7 C5) being duly sworn deposes and says that he is the P 2es; a c ■f of Mo-(u 2e12.fSn c cn z n e- and that the answers to the foregoing questions and all statements therein contained are true and correct. SUBSCRIBED and sworn to before me this '31-1/41-day of (r1P�r i 2C�� L 2014. / OFFICIAL SEAL , ROBERT S SPADONI No ;ry Public NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:09129/14 Page 2 Section G References Bidder shall supply the following information listing at least five customers for which the bidder has supplied a similar type of commodities, service, or construction. 1. Company Name: GCLc.GC) 4- (Ze `i O S5 Address: ( S 5O Heck-T- A2`�Le-fi( f L b O 14-3 Phone #: Cl 0 ) — 1 Contact: () p-22 i O V pp 2. Company Name: BR._e.r — C��2 l� P nAS C41,p 1 my Address: f SOOO L \ Cock_ 2-0 l , 14 C MC9 6(e■ ,i (_ 6 O k 1 Phone #: C� CA) 3 Contact: Ku (Zi CYN Q(?`% C\ 3. Company Name: �Clak% bc.A 1 d ee_.N rt fl C Address: �100J S i 5L ) (Z0( 1 ns (Y`eac)c)Las -60c0� Phone #: (V1-(c1' Contact: C i`r)Pc ar1 4. Company Name: 5■ ConS 12vc-1( or' A) 1 \a e2' Cop Address: 63g, S . �Unnc��e f 'Jc, d0 1.2_6 Phone #: Ct.3 0) 1 5g - 0 MO Contact: N 2 , pc_`re.p 5. Company Name: P 0-G - I Li, (-L C, Address: - H l_nre2.nciiS� D2, � Sv 11C_ (6°jO �- -T �s� Phone #: C� O F\ 6 Contact: G-eo Page 1 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: Butler Government Center Irrigation System Installation - Phase I (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: (Y} 0-2_ ' -(LZ t 5 A-!co 4/1 ` T--- fl C Address: )-0 t CcD( CO 2- City, State, ZIP: 0 fl C 2d v e I r-(- 60 1 1 Signature: ‘''' -,..--. / Name Printed: l _cs,rj b ( &® m a(2-S )c_ G Title: 1 e__ •S 1 e-/1.T Telephone:(,3C)910 - c)2_3 1 Date: v-- 13 —I ll Page 1 ATT- T: `/ SUBSCRIBED AND SWORN TO before me this ( 1tM day of (`n :1.. , 20.11-1 PeRic--1/4_1( Notary Publifi OFFICIAL SEAL ROBERT S SPADONI MY COMMISSION EXPIRES 0W29/114 Page 2 Section 1 Contract Butler Government Center Irrigation System Installation - Phase I 1. THIS AGREEMENT, made and concluded this J day of AMI44, 2014, between the Village of Oak Brook, a municipal corporation, acting by and through its President and Board of Trustees, known as VILLAGE, and 1 T5 . 1 i-f-Icier ors 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. And it is also understood and agreed,that the etAtire Bid Package hereto attached, approved by the VILLAGE this )3" day of 1\Lk9 - , 2014, are all essential documents of this contract and are a part hereof. 4. IN WITNESS WHEREOF, the said parties have executed these presents on the above mentioned date. ATTEST: VILLAGE OF OAK BROOK / ( i IA"' / I/ 9 ‘ -di' zz By Village Clerk Village President ATTEST: fnae-_s I-¢..Q1 P=Ti 0r.t 17.( C Corporate Wile /4_,L2_,_c:„. By / / / Secretary Con .cto Page 1 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 Page 2 SEXUAL HARASSMENT CERTIFICATE [\PR-N s�22-\t R i,on ( _fly hereinafter referred to as "Contractor" having submitte'&a bid/proposal for s 2QJ i i a ( to the Village of Oak Brook, DuPage/Cook Counties, Illinois, reby 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 or 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: • Auth•rize Agen of Contractor Subscribed and sworn to before me this 1 afi --day of P-7 , 20 f PC3-Qi ---0— C-\ -- F^A Notary Public OFFICIAL SEAL ROBERT S SPADONI NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:09/29/14 Page 3 CONTRACTOR'S CERTIFICATIONS (CONTRACT EXECUTION) (" , having executed a contract for IQQ s 41- with the VILEAGE, hereby certifies that said contractor is not barred `from executing said contract as a result of a violation of either Section 5/33E-3 or 5/33E-4 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/Witne • Contrac •� By: B : Rr' o m> i co Y Y Name of Contractor's Executing Officer Title: S C QcT Title: e(2-eS i enT- Title of Contractor's Executing Officer Subscribed and Sworn to before me this 131 day of (`1\ 'I , 20111 . PrPie . My Commission Expires: a- I Notary Public 1' -SEAL- OFFICIAL SEAL ROBERT S SPADONI NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:09129114 Page 4 PREVAILING WAGE AFFIDAVIT I, ( cj �c Fc) Pr\ ‘ CO (name of signatory), on oath hereby state and certify that (442_ 1-22.3A-T cc^ In C- (name of Contractor), pursuant to a Contract dated , 2014, with the Village of Oak Brook for the L9 2%S a TI o n 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. 1'\ QS. tQ2a A-C I c , C C (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: t Q..cS I I?eN_1 SUBSCRIBED AND SWORN TO BEFORE M THIS _Oa-I�AY F MP- , 2014 NOTARY PUBLIC OFFICIAL SEAL ROBERT S SPADONI NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:09129/14 Page 5 CERTIFICATION OF PAYROLL RECORDS I, RO (F u ' - I-Co (name of person executing this certificate), do hereby certify that I am the duly qualified and acting {)2es t cl ei . 1 (title) for c`\F.as L.2.rA .4=-i,orN III t-\c-- , (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 p-.pfi5 Toe 0--(c,01 -LT<<. (name of contractor) on the ..�Q22 P.-i Lun Project (the "Project") forte Village of Oak Brook (the "Village"), includRig 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 M P25 TQ-t.;,SArb, 7-1-_11C- (name of contractor), and I on behalf of such contractor,Jare 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: MP- y 13 , 2014 Mo-2-5 .2 7'I(aN nC. (N.. eofCo , • ) ignat/ -) �" — (2o 7\ Fo f (\ ► cO (Printed Name) P2'esrd-c,A.T (Title) Subscribed and sworn to before me this j3fWday of P\ --y , 2014. OFFICIAL SEAL ROBERT S SPADONI ,l_i , I,.s11 NOTARY PUBLIC•STATE Of ILLINOIS Notary Public MY COMMISSION EXPIRES;09129/14 Page 6 Section J Contract Bond Butler Government Center Irrigation System Installation - Phase I Bond# 93 CL T698 1 Subject to Adjustment Based on Final Contract Price We, MARS IRRIGATION INC as PRINCIPAL, and STATE FARM FIRE AND CASUALTY COMPANY , as SURETY, are held and firmly bound unto the Village of Oak Brook (hereafter referred to as"VILLAGE) in the penal sum of THIRTY EIGHT THOUSAND & No/10Dollars ($ 38,000.00 ), lawful money of the United States, well and truly to be paid unto said VILLAGE, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, jointly to pay to VILLAGE this sum under the conditions of this instrument. WHEREAS THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that, the said Principal has entered into a written contract with the Village acting through its awarding authority for the above stated project, which contract is hereby referred to and made a part hereof, as if written herein at length, and whereby the said Principal has promised and agreed to perform said work in accordance with the terms of said contract, including, but not limited to the term requiring the payment at the prevailing rate of hourly wages, and has promised to pay all sums of money due for any labor, materials, apparatus, fixtures or machinery furnished to such Principal for the purpose of performing such work and has further agreed to pay 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 thereof and until such work is completed and accepted, except as modified by the Guarantee section of the Bid; and has further agreed that this bond shall insure to the benefit of any person, firm, company or corporation, to whom any money may be due from the Principal, subcontractor or otherwise, for any such labor, materials, apparatus, fixtures or machinery so furnished and that suit may be maintained on such bond by any such person, firm, company, or corporation, for the recovery of any such money. NOW, THEREFORE, if the said Principal shall well and truly perform said work in accordance with the terms of said contract, and shall pay all sums of money due or to become due for any labor, materials, apparatus, fixtures or machinery furnished to him for the purpose of performing such work, and shall commence and complete the work within the time prescribed in said contract, and shall pay and discharge all damages, direct and Page 7 indirect, that may be suffered or sustained on account of such work during the time of the performance thereof and until the said work shall have been accepted, and shall hold VILLAGE harmless on account of any such damages and shall in all respects fully and faithfully comply with all the provisions, conditions, and requirements of said contract, then this obligation to be void;otherwise to remain in full force and effect. IN TESTIMONY WHEREOF, the said PRINCIPAL and the said SURETY have caused this instrument to be signed by their respective officers this 15TH day of AUGUST , galt, 2014. PRINCIPAL MARS IRRIGATIO INC ( .•mpany j7-) (Company Name) By: '��0,...41,_ , _ J BY: ( ignat ) ' (Signature) (Title) (Title) (If PRINCIPAL is a joint venture of two or more contractors, the company names and authorized signatures of each contractor must be affixed.) SURETY STATE FARM FIRE AND CASUALTY COMPANY BY ,. __A/ (Name of Surety) (Signa ure o` ttorney/ Fact) Page 8 1 State of Illinois County of MC LEAN)) SS. I, SUZANNE M ROBERTSON:1 Notary Public in and for said county, do hereby certify that PERRY TRACY (names of individuals signing on behalf of Principal and Surety) who are each personally known to me to be the same persons whose names are subscribed to the foregoing instrument on behalf of PRINCIPAL and SURETY, appeared before me this day in person and acknowledged respectively, that they signed and delivered said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this 15HT day of AUGUST 2014. Notary ublic My commission expires: MARCH 12, 2017 OFFICIAL SEAL Suzanne M.Robertson NOTARY PUBLIC-STATE OF ILLINOIS My Commission Expires March 1Z,2017 Page 9