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R-1160 - 02/28/2012 - SPORTS CORE - ResolutionsRESOLUTION 2012 -SC- GOLF -R -1160 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND E-Z -GO TEXTRON, INC. IN REGARD TO THE REPLACEMENT OF GOLF CARS WHEREAS, the Village's golf car fleet used by the Oak Brook Golf Course ( "Golf Car Fleet') was last replaced in 2005; and WHEREAS, it is recommended that the Golf Car Fleet be replaced after four seasons of use; and WHEREAS, the Village solicited bids for the replacement of the Golf Car Fleet; and WHEREAS, the Village received three bids in response to its request for bids to replace the Golf Car Fleet; and WHEREAS, E -Z -GO Textron, Inc. of Lake Zurich, Illinois ( "E- Z -GO") was the lowest responsive and responsible bidder to replace the Golf Car Fleet; and WHEREAS, the Village and E -Z -GO desire to enter into and execute a contract for E -Z -GO to replace the Golf Car Fleet ( "Contract"); and WHEREAS, the President and Board of Trustees have determined that it is in the best interests of the Village to enter into the Contract in a final form as approved by the Village Attorney; 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 Contract. The President and Board of Trustees hereby approve the Contract by and between the Village and E -Z -GO in a form acceptable to the Village Manager and Village Attorney. Section 3: Authorization and Execution of the Contract. The Village President and Village Clerk shall be, and hereby are, authorized to execute the final Contract on behalf of the Village. 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] APPROVED THIS 28t" day of February, 2012 Resolution 2012 -SC -GOLF -R -1160 Golf Car Fleet Replacement Page 2 of 3 Gopal G. Lalmalani Village President PASSED THIS 28" day of February, 2012 Ayes: Trustees AktiDis, Manzo, Moy, Wolin, Yusuf and Zannis ATTES Charlotte K. Pruss A ��� Village Clerk Resolution 2012 -SC -GOLF -R -1160 Golf Car Fleet Replacement Page 3 of 3 EXHIBIT A Feb 15 12 05:35p Greg Mark Village of Oak Brook Golf Cars -w Bid Package /c February, 2012 Table of Contents Section A. Notice to Bidders B. Bid C. Instructions to Bidders D. Specifications E. Special Conditions F. Statement of Bidder's Qualifications G. References H. Bid Certification I. Contract 2012 Golf Cars.d0c 3:37 PM 2/6/2012 815 -477 -9454 P.1 Feb 15 12 05:35p Greg Mark 815 -477 -9454 p2 Section A Notice to Bidders Posted on the Village Webs'ite February 8, 2012 The Village of Oak Brook will receive bids for: Golf Cars Sealed bids will be received by Rania Serences, Purchasing Clerk, Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, IL 60523 until 11:30 A.M., Wednesday, February 22, 2012, prevailing time, and publicly opened in the Samuel E. Dean Board Room at that time. A complete bid package, of which this notice is a part, is on file for inspection and may be downloaded from the Village's websfte www.oak- brook.ora, 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 5 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 Pruss Village Clerk Feb 15 12 05:35p Greg Mark Section B Bid Golf Cars COST OF WORK: 815 -477 -9454 p3 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, L. 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, including completely assembling all items in an operable condition and delivering said items to the Village of Oak Brook. Page 1 Feb 15 12 05:36p Greg Mark GOLF CARS PRICING Total Purchase Price of: 815-477 -9454 p.4 • Seventy (70) model year 2012 four wheel, 2 passenger, 48 volt golf cars. • One (1) model year 2012 four wheel, gas powered turf utility vehicle (beverage car). • One (1) model year 2012 four wheel, gas powered turf utility car with a driving range picker cage. • One (1) model year 2012 four wheel, 48 volt turf utility car. • Two (2) model year 2012 four wheel, gas powered turf utility car. • Two (2) model year 2012 four wheel, gas powered 4 passenger shuttle cars with a cargo box (all seats facing forward). Note: Please see Section D for Specifications g3137 9017.00 (Item 1). In Word .Jrsj Urn•iy sewn 4allafs Total trade -in price of: • Sixty -Eight (68) model year 2005 EZGo TXT 36 volt 2 — passenger golf cars (green w/ state of charge meters, message holders, wheel covers, sand/seed holders, windshields, and rear club covers). • One (1) model year 2005 EZGo TXT 36 volt 4 passenger shuttle cars. • One (1) model year 2005 EZGo TXTG gas powered 4 passenger shuttle car. • One (1) model year 2005 EZGo electric powered turf utility car (MPT 1000E). • Three (3) model year 2004 (G23A) Yamaha gas powered turf utility cars. • One (1) model year 2004 Yamaha (G22) gas powered golf car with an attached utility box. • One (1) model year 1991 EZGO gas powered (GXT 804) Note: Please see Section D for Specifications $ 162..05C30-00 (item 2). In Words 67'xf5e 1'wo Tip mmilFI�igU Runde +d dollars Annual cost for a four year lease /purchase price of Item 1 less the trade -in of Item 2. $65PLiW..DO (Item 3). In Page 2 Feb 15 12 05:36p Greg Mark 815 -477 -9454 p.5 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. TIME OF COMPLETION: The items ordered under this contract will be completed and delivered at a date chosen bytthe Village between, April 1, 2012 and May 1, 2012. The trade -in items will be available for contractor pick up, 9 the Village so awards the items, at a date chosen by the Village between April 1, 2012 and May 1, 2012. 4. INSTRUCTIONS To BIDDERS: The undersigned vendor/contractor shall comply with all Sections of this Bid Package which are incorporated herein by reference. Firm Name: E -7--GO `gmsion of - rex}ron Address: 1451 MArVi& Gfiffin 1\dl City, State, ZIP: RujusiA, 0, 3D906 Name Title: D t W c-etw — `Ol Il w rcl- z 0611-c" IS Telephone: 9 0 (,- 1 94- y 53 L Date: —1 '1- ZO, u I 1 If a Corporation: ATTEST: Secretary Page 3 Feb 15 12 05:37p Greg Mark 815 - 477 -9454 p.6 Section C Instructions to Bidders RECEIPT OF BID: Wednesday, the 22nd day of February; 11:30 A.M. 2. BASIS OF BID: Sealed bids will be received until the above noted time and date. 3. BID DESCRIPTION: Golf Cars. 4. PREPARATION AND SUBMISSION OF BIDS: A. The bid must be delivered to the office of the Purchasing Clerk, Village of Oak Brook, 1200 Oak Brook Road, Oak Brook IL 60523 on or before Wednesday, at 1130 A.M., prevailing time, February 22, 2012, 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 if indicated. 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. A 1. Bid. 2. References 3. Statement of Bidder's Qualifications. 4. Bid Certification. 5. Contract (Signed) E. 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 Bid Name "Golf Cam". F. Bidders may attach separate sheets to the bid for the purpose of explanation, exception, alternate bid and to cover unit prices, if needed. G. 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 Page 1 Feb 15 12 05:37p Greg Mark 815 - 477 -9454 p.7 be withdrawn or modified after the bid opening except where the award of contract has been delayed fora period of more than ninety (90) days. H. 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. I. The bidder further declares that he has carefully examined this entire Bid Package, and 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. J. 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. K. 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. L 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 lump sum price, and which are not included under the bid price for other items in the Contract, shall be performed as extra work. M. The bidder shall submit a fully executed Contract and Contractor's Certification for the supply of the Golf Cars as a part of his bid. N. The bidder further agrees to complete all work not later than the Time of Completion stated in his Bid 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. O. 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. Page 2 Feb 15 12 05:37p Greg Mark 815.477 -9454 p.8 5. 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 suitabitity 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 fisted 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 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). Page 3 Feb 15 12 05:38p Greg Mark 815 -4T7 -9454 p.9 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: 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. 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. Number and scope of conditions attached to the bid /proposal. J. Record of payments for taxes, licenses or other monies due the Village_ 8. GUARANTEE: The Contractor will also forward copies of all applicable manufacturer's warranties for all equipmenttcom modifies supplied by the Contractor as a part of the Contract. 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 Feb 15 12 05:38p Greg Mark 815 -477 -9454 p.10 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, officials, employees, volunteers 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. SAFETY: 12. 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. 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_ 13. 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. Page 5 Feb 15 12 05;38p Greg Mark 815 -477 -9454 p.11 Bids which are signed for a partnership shall be signed by all of the partners or by an attomey -in -fact If signed by an attomey -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. 14. 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. 15. 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 6 Feb 15 12 05:39p Greg Mark Section D Specifications New Fleet Specifications (Base Bid) 815 -477 -9454 p.12 70 - 2012 model year four wheel 48 volt two passenger fleet golf cars with the following: ■ Electronic speed control • Extra heavy duty batteries • Total charge charger (110 -120 volt) • Single Point Watering System • Sweater basket • Scuff plates/ guards • Number decals • Hub caps • Beverage holders ■ Sun/canopy tops ■ Standard Color (TBD) ■ Message/ information holder ■ 2 - Softeed bottle/container per car (mounted on passenger and driver sides) ■ State of charge meter ■ 112 Fold Windshield ■ Collapsible club sheltering canopy for the rear of the car 1 - 2012 model year four wheel 4B volt turf utility vehicle with the following (such as the Club Car Carryall Turf 2, EZGo Hauler 1000, Yamaha Adventurer One): ■ Electronic speed control ■ Extra heavy duty batteries ■ Total charge charger (110 -120 volt) ■ Hub caps ■ Beverage holder ■ Sun/canopytops ■ Standard Color (TBD) ■ State of charge meter ■ 1/2 Fold Windshield ■ Head Lights 2 - 2012 model year four wheel, gas powered utility vehicles with the following (such as the Club Car Carryall Turf 2, EZGo Hauler 1200 Gas, Yamaha Adventurer Two): • Hub caps • Sun /Canopy tops • Beverage holder • Standard color (TBD) Page 7 Feb 15 12 05:39p Greg Mark 815 - 477 -9454 p.13 • FueVoil love[ Indicator • Hour meter • Headlights • Cargo box 2 - 2012 model year four wheel, four passenger, gas powered shuttle vehicle with the following (such as the Club Car Transporter 4, ¢Go Shuttle 4, Yamaha Concierge 4): ■ Seating for 4 adults ■ Forward facing seats • Cargo bed • surdcanopytops ■ Windshield • Beverage holders • Standard color (TBD) IN Fuel gauge IN Headlights 1 - 2012 model year two passenger, gas powered, turf utility vehicle with the following to accommodate picking up golf balls on the driving range: • Driving range cage /enclosure • Gas engine with a minimum of 13 hp. • Cargo bed t Beverage holders • Standard Color (TBD) • FueV oil level indicator • Hour meter IN Headlights 1 - 2012 model year two passenger, gas powered, turf utility vehicle with the following to accommodate on -course beverage service (such as the Club Car Cafe Express, EZGo Refresher 1200, Yamaha Deluxe Fairway Lounge): ■ Cargo bed/beverage service unit ■ canopy top ■ Standard Color (TBD) IN Fuel/ oil level indicator • Hour meter • Headlights Total Purchase r= 77 cars (71 electric, 6 gas) Page 8 Feb 15 12 05:40p Greg Mark Trade -In As Is 815 -477 -9454 p.14 Sixty -Eight (68) - 2005 EZGo TXT 36 vott, green, 2 passenger, four wheel electric golf cars with electronic speed control, extra heavy duty batteries, total charge chargers, sweater baskets, scuff plates/guards, number decals, hub caps, sun tops, sand/seed holder (with bottle), state of charge meter, club decal, club rain cover, and message holder, total charge charger. One (1) 2005 EZGo TXT 36 volt, green, 4 passenger shuttle car with sun top, front and rear facing seats, and total charge charger. One (1) 2005 EZGo TXTG gas powered, white, 4 passenger shuttle car with sun top and front and rear facing seats. One (1) 2005 EZGo (MPT 1000E) electric powered turf utility vehicle with sun top, cargo box, and total charge charger. Three (3) 2004 Yamaha (G23A) aas powered turf utility vehicle (one with sun top). One (1) 2004 Yamaha (G22) gas powered golf car with sun top and an attached utility box. One (1) 1991 EZGO (GXT 804) gas powered turf utility vehicle with a driving range cage attachment. Total Trade -In = 76 Cars (5 gas, 70 electric) Page 9 Feb 15 12 05:40p Greg Mark 815 - 477 -9454 p.15 Section E General Conditions 1. F.Q.B.: All goods are to be shipped prepaid, F.O.B. Destination. Shipments sent C.O.D. without Village's written consent will not be accepted and will, at Vendor's risk and expense, be returned to Vendor. Unauthorized shipments are subject to rejection and return at Vendor's expense. 2 Material Safety Data Sheets (MSDSi: Vendor shall furnish MSDS sheets for their products, in compliance with the Illinois Toxic Substance Disclosure to Employee Act and the "Right -To- Know" law. 3 Liens Claims, and Encumbrances: Vendor warrants and represents that all the goods and materials ordered herein are free and dear of all liens, claims, or encumbrances of any kind. 4. Inspections: The Village reserves the right to visit and inspect the premises and operation of the Vendor. 5. Contract Terms /Cancellation and Damages: Any Contract entered into by the Village and Bidder may be terminated by the Village upon thirty (30) days written notice. If such Contract is terminated by the Village because of the Vendor's breach, the Village shall have the right to purchase items covered by the Contract elsewhere and to charge the Vendor with any additional cost incurred. Notwithstanding the above, the Vendor shall not be relieved of any liability to the Village for damages sustained by the Village by virtue of any breach of such Contract by the Vendor, and the Village may withhold any payments to the Vendor until such time as the amount of such damages due the Village from the Vendor shall be determined. Page 1 Feb 15 12 05:40p Greg Mark 815-477 -9454 p.16 Section F Statement of Bidder'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: E-Z -(ad 'ODiyisto, of - Textfon 2. Permanent main office address: 45-1 geA, ) ryvsu5&, Qt 3. When organized: / q.5 4 4. If a corporation, where incorporated: (k IA u-) oy- 5. How many years have you been engaged in the contracting business under your present firm or trade name: 9-q 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: 6. 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. Q- Pfca.A,00 13. Credit available: G- t`Gckr.,4 Page 1 Feb 15 12 05:41p Greg Mark 815 -477 -9454 p.17 14. Bank reference: ct-Mo("I 15. Will you, upon request, fill out a detailed financial statement and furnish any other information that maybe required by the Village of Oak Brook: �crn Any. a l 7D*F 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. Ciro is w DATED at &v,v5 -t-t f "naffs this a() day of 2012. By: "I�st� AcQkr - lot(we'v- ��pl144c" edv oli Title STATE OF 9!W ) o' ) SS. COUNTY OF r being duly swor deposes and says that he is the n, :W and that the answers to the foregoing questions and all statements therein contained are true and correct. L SUBSCRIBED and sworn to before me this o� day of , 7,"AQ4 2012. A� Notary Public " A R 0 L DYTHE A D MI Notary Public, Georgia +i`° —°"':• Richmond County +"° "•• My Commission Expires November 04, 2013 ?age 2 Profile for Kevin P Holleran 8 Direct Reports 348 Total Team extron joo nistory Start Date End Date Title 06101/2008 President, E -Z -GO 11/01/2007 05/31/2008 President 07/16/2006 10/31/2007 VP, Sales & Marketing 08/11/2003 07/15/2006 VP Sales & Marketing Start Date End Date Title Name 05/13/2002 08/08/2003 VP Sales Terex Marketing 01/08/2001 05/10/2002 VP Sales Terex & Marketing 02/1511999 01/05/2001 Manager Rental Industry Sales 04/14/1997 02/12/1999 National Profile for Kevin P Holleran Middle Name P Last Name Holleran Title President E -Z -GO Division E -Z -GO Group Department Key Exec (30N661390) Supervisor J. S Hall HR Business Partner Location E -Z -GO Augusta GA (EZGBU- 01001) City, State, Augusta - GA - United Country States Hire Date 08/11/2003 E -Z -GO Group Augusta, United General Role GA States Management E -Z -GO Group Augusta, United General States GA States Management E -Z -GO Group Augusta, United Marketing and Sales GA States E -Z Go - old Manufacturing Westport, CT Marketing and Sales value Vice States and Sales President mass Unit City, State Country Function Business City, state Country ..function. Role Manufacturing Southaven, United Marketing Vice MS States and Sales President or equivalent Manufacturing Westport, CT United Marketing Vice States and Sales President or equivalent Ingersoll- Construction Annandale,NJ United Marketing Supervise Rand States and Sales individual contributors Ingersoll- Construction Bethlehem, United Marketing Supervise 1 of 3 :) a\k \)) {t ±05wM(_,a \ \\ _ /k ± \k f J IJ (n 2# ]I f /7/ ,k § j }k} \\ \j\) < ® 2 ) ( k }»} o )0 S § \ / { 7 }> 3± E 2 ) ) 0 k k /)fE2(E ) 2 f)£J I7 §)\} /\)\ 04 m o )0 S § \ / { 7 }> 3± E /)fE2(E Profile for Michael R Parkhurst 15 Direct Reports First Name Micnael 126 Total Team Middle Name R Last Name Parkhurst Title VP Sales Division E -Z -GO Group' Department Administration (01N9741) Supervisor Kevin P Holleran HR Business Partner Suzette M Snyder Location E -Z -GO Augusta GA (EZGBU- 01001) City, State, Country Augusta - GA - United States Hire Date 12/0112000 Years of Service (Not to 10 be used for benefit calculations) Age 45 Gender Male Minority No Early Textron Job History not Reflected in Textron Job History,Above - Start Date End Date Title Business Unit City, State Country Function Non - Textron Job History Start Date End Date Title Business Unit City, State Country Function 03/23/2009 End Date VP, Sales E -Z -GO Group Augusta, United Marketing and -; Function. _ Role , 02/01/1986 05/01/1988 GA States Sales 11/18/2007 03/22/2009 VP, Global Sales E -Z -GO Group Augusta, United Marketing and Trade States GA States Sales 07/16/2006 11/17/2007 VP, US Golf Sales & E -Z -GO Group Augusta, United Marketing and General Branch Ops Manager GA States Sales 04/01/2005 07/15/2006 Senior Director, US Golf E -Z -GO Group Augusta, United Marketing and Retail Fulton, NY Sales Marketing GA States Sales 12/01/2000 03/31/2005 Regional Manager - E -Z Go - old States and Sales Marketing and Northeast value Sales Early Textron Job History not Reflected in Textron Job History,Above - Start Date End Date Title Business Unit City, State Country Function Non - Textron Job History Company Type of Type of Start Date End Date Title Name _.. Business City, State -. Country -; Function. _ Role , 02/01/1986 05/01/1988 Sales B'ville Ford Retail Baldwinsville,NY United Marketing General Manager Trade States and Sales Manager 05/01/1988 05/01/1990 Sales JC Pierce Retail Fulton, NY United Marketing General Manager Trade States and Sales Manager 01/01/1990 09101/1992 Owner Greg's Auto Retail Fulton, NY United Marketing Top Trade States and Sales enterprise leader Profile for Michael R Parkhurst 1 of 4 0 .0 a) 0 c 0, \3 'C m 6 0 (D .0 Cli C) E E co \\ \ m � > co (D fn "a co m 0 \ a i Q 0 co 0 W, .0 cc 0 0, \3 'C m a) 0 Cli C) \\ \ \ � (D fn 0 \ a \ -) 04 w o a) o CD tm E 0 0 z lu 0 U) — Profile for James E Pennoyer Personal Information 5 Direct Reports First Name James 27 Total Team Middle Name E Last Name Pennoyer Title VP Finance Division E -Z -GO Group Department Administration (01N9741) Supervisor Richard L Yates HR Business Partner Suzette M Snyder Location E -Z -GO Augusta GA (EZGBU- 01001) City, State, Country Augusta - GA - United States Hire Date 1011811992 Years of Service (Not to 18 be used for benefit calculations) Age 43 Gender Male Minority No � Textron n Job History . � -, . ..., _ - . « _. _, ., - - -- -- ,,. , . — -1 _, ,r, Start Date End Date Title Business Unit City, State Country Function 11/01/2009 Supervise VP, Finance E -Z -GO Group Augusta, GA United Finance and and Real Accounting contributors States Accounting 09/11/2006 10/31/2009 Director, FPA E -Z -GO Group Augusta, GA United Finance and States Accounting 07/16/2006 09110/2006 Director Corporate Corporate Providence, United Finance and Finance Division RI. States Accounting 10/01/1995 07/1512006 Assistant Treasurer Financial- Providence„ United Legacy RI States 11/1611994 09/30/1995 Corp Invest Analyst Financial- Providence„ United Legacy RI States 10/18/1992 11/15/1994 Sr Accountant Financial- Providence„ United - Legacy RI States Early Textron Job History not Reflected in Textron Job History Above _ Start Date End Date Title Business Unit City, State Country Function 11/01/1996 07/01/1999 Snr. Financial Analyst, Corporate Providence, United Mergers & M&A Division RI States Acquisitions Non - Textron Jobs History Company Type of Type of Start Date End Date Title Name Business, City, State - Country Function Role 09/01/1990 10/15/1992 Senior Ernst & Finance; Providence, United Finance Supervise Accountant Young Insurance RI States and individual and Real Accounting contributors Estate Profile for James E Pennoyer 1 of 4 _ \IL f§) }5/!/33 � \ \ $2.5 e/ LM o ƒ { ±f / i5§ 3] }5/!/33 � \ \ $2.5 e/ LM o A Textron Company Billing address: E -Z -GO A Division of Textron Textron Finance Shared Service Center P. O. Box 77087 Ft. Worth, TX 76177 -0121 Years in business: 55 Years at current location: 44 Tax exempt: Yes Corporation type of business: Manufacturing Dun & Bradstreet # 001 - 338 -979 Federal ID# 05- 0315468 IP Morgan Chase Rita O'Donnell 300 S. Riverside Plaza Chicago, IL 60606 Ph: (312)954-9022 Fx:(312)954 -9013 1451 Marvin Griffin Rd.. Augusta, GA 30906 Ph: 706.798.4311• Fax: 706.771.4603 E -Z -GO Division of Textron Inc. Feb 15 12 05:41p Greg Mark Section G References 815 -477 -9454 p.18 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: 1"Qfk 1�gfo c} 4 H�Vcid ildr. Address: Phone #: f3Lt-)- $3l^ 'S1518 M Contact: 1�� I• D4 n IR-J421f i k 2. Company Name: 6135 Address: BZS <- ott5 kiay, fly TL, (:501Z Phone #: !Ml- C(31- 610Z Contact: >ai f _ i Ti rn 014- 3. Company Name: 117 L ma(4 Count, Garb Address: 160 giitnaore ©r, Itowadbn Tf_ OUlo Phone #: $41 3 $I- 1460 Contact: 'm r' Nyl zQuirAOIN 4. Company Name: �O(es� Hlb Ct9unTry OU6 Address: '5 t35' FO(ps} W6 Rd. 1` O(-. ,ord IL 00111 Phone #: sts• b ?I- `JISO Contact: IRu 5. Company Name: t3t�6 �� ►nkV Address: I U 0 IL 60035' Phone #: [:�t•tl - y3 2 - Oq 11 Contact: S�-PV[ motoght Page 1 Feb 15 12 05:41p Greg Mark Section H Bid Certification 815 -477 -9454 p.19 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: "Golf Cars" (A) The undersigned certifies that, pursuant to Chapter 720, Section 5133E 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- ( 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 512 -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 Fimt Name: U-&& Ol uis Wn J i -re r,"MN 141"'C. Address: /qsI ft� av ;n Grr-(7 i, . jZJ City, State, ZIP:, Name Printed: �0't° Title: Q 1 Mr—rd r 0041 ra "-- ; (2wff i S Telephone: ti OG— '196 - �/ s3 b Date: Oak 20,, 47 a l2 Paqe 2 Feb 15 12 05:42p Greg Mark SUBSCRIBED ANp WORN TO of ATTEST: Paqe 3 815 -477 -9454 p.20 ME is M Me -SEAL- ``� "P•` NotaRryy Public, Georgia `"='3• Richmond County i""" •' My Commission "sires November 04, 2013 ATTEST: Paqe 3 815 -477 -9454 p.20 ME is M Me -SEAL- Feb 15 12 05:42p Greg Mark Section Contract 815 -477 -9454 p.21 (Sign and Submit Section I as part of the Bid Package) Golf Cars THIS AGREEMENT, made and concluded this X day of &_, 2012, between the Village of Oak Brook, a municipal corporation, acting by and through its President and Board of Trustees, known as VILLAGE, and f" 111J'W,,T4 his executors, administrators, successors or assigns, known as CONTRACTOR. 4 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 ag d that the tir Bid Package hereto attached, approved by the VILLAGE this day of � 2012, 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: VI GE OF OAK BROOK ey Village Clerk s3F_ttr; Gopal Lalmalani iaac�4ir >__ Village President ATTEST: Secretary 0�Nu /�sm�e„ \ dutaTV Contractor Paqe 1 Feb 15 12 05:43p Greg Mark 815477 -9454 p.22 Partners doing Business under the firm name of (If a Co- Partnership) Party of the Second Part (If an Individual) Party of the Second Part Page 2 Feb 15 12 05:43p Greg Mark 815 -477 -9454 p.23 SEXUAL HARASSMENT CERTIFICATE 2 Cs� Ow�si�n n� 7P1Ctlanc hereinafter referred to as "Contractor" having submitted a bid /proposal for 01 ? �,1 t{ —('c.f S 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 ILLS 5/2- 105(A)(4) including the following information: I . 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 contractors 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. Subscribed and swOT to before his �_ ay of 24L o ary Pubic ' NDRfx Fublic. Ge role Richmond Courtly E201 November Od as By: j(c�Ia Authorized Agent Mr Page 3 A Textrrrt Company NO HARASSMENT POLICY E -Z -GO Textron Inc. does not tolerate harassment of any of our employees, applicants or customers. Any form of harassment related to an individual's race, color, sex/gender, religion, age, national origin, disability or citizenship status is a violation of this policy and will be treated as a disciplinary matter. For these purposes the term "harassment," includes: Offensive remarks, comments, jokes or slurs pertaining to an individual's race, color, sex/gender, religion, age, national origin, disability, or citizenship status • Offensive sexual remarks, sexual advances or requests for sexual favors regardless of the gender of the individuals involved • Offensive physical conduct, including touching, regardless of the gender of the individuals involved • Offensive pictures, drawings or photographs or other communications, including e-mail • Threatening reprisals for an employee's refusal to respond to requests for sexual favors or for reporting a violation of this policy Violation of this policy will subject an employee to disciplinary action, up to and including immediate discharge. Therefore, if you have any questions about what constitutes harassing behavior or what conduct is prohibited by this policy; please discuss them with your manager, or supervisor. Our supervisors and managers are also covered by this policy and are prohibited from engaging in any form of harassing conduct. No supervisor or other member of management has the authority to suggest to any employee or applicant that that individual's employment or advancement will be affected in any way by the individual's entering into (or refusing to enter into) any form of personal relationship with him or her. Harassment of our employees in connection with their work by non - employees is also a violation of this policy. Any employee who experiences or observes any harassment of an employee by a non - employee should report such harassment to his or her manager or supervisor. Appropriate action will be taken. If you feel that you are being harassed by another employee or by anyone else, you should tell that individual how you feel. We also ask that you report the matter to your manager or supervisor so that we can ensure the conduct is stopped. If the problem involves your manager or supervisor or if you do not feel that the matter can be discussed with your manager or supervisor, you should report the problem to your local Human Resources Department. You may be assured that your complaint will be kept as confidential as possible and you will not be penalized in any way for reporting a harassment problem. If, at any time, you feel that your complaint is not being handled properly, please contact Human Resources immediately. We are serious about enforcing our policy against harassment. However, we cannot resolve a harassment problem unless we know about it Therefore, it is your responsibility to bring any such problems to our attention so that we can take whatever steps are necessary to correct it. Kevin P. Holleran, President January 1, 2012 1451 Marvin Griffin Road • Augusta, GA 30906 • 800.241.5855 E -Z -GO Division of Textron Inc. Feb 15 12 05:43p Greg Mark 815 -477 -9454 p.24 CONTRACTOR'S CERTIFICATIONS (CONTRACT EXECUTION) 0 -1-ft i0,o, uxi ah614n laving executed a contract for 9_01 Z co If CC.0 with the VILLAGE, hereby certifies that said contractor is not barred from executing said contract as a result of a violation of either Section 5133E -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/Witness: 0 Title: 'S>46?, A_ft d Subscribed and Sworn to beforeM this _..&,'' day Of ?� 20L otary Pubic •r f 'pC `OY'nII• R KNDRIZ Notery Pu=County? r' Richmo"tl My Commi°�' Noremb Contractor By: L9 0 ame of Contractor's Executing Officer Title: dthe CYA - 6n�rr � ra,u f ?��1f/D S Title of Contractor's Executing Officer My Commission Expires: aD/ 3 Page 4 -SEAL- TEXTRON INC. Assistant Secretary's Certificate I, ANN T. WILLAMAN, a duly elected Assistant Secretary of TEXTRON INC., a Delaware corporation ( "Textron "), do hereby certify to the following: 1. That Philip Jhant and Byrd P. (Rusty) McGahee are the duly appointed Director of Sales and Director of Controls & Compliance, respectively, of the E -Z -GO Division, which is an unincorporated operating division of Textron ("E- Z -GO "); and 2. That each of Messrs. Jhant and McGahee is authorized by Textron to execute municipal contract bids on behalf of E -Z -GO. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Corporate seal this j 0 day of ZI rUQCL., 2012. CORPORATE SEAL _i. t—J Assistant Secretary S: \Iegal\ATW \Certificates \Incumbency \EZGO - 2011 Qhant, McGahm).doc CONDUCT $ EMPLOYMENT OUTSIDE WORK 1 /1 /06 In general, the Company does not seek to interfere with employees' off - duty activities. However, the Company will not tolerate off -duty conduct that impacts negatively on the Company, either in terms of an employee's individual work performance, the ability of other employees to perform work as necessary, or the business interests of the Company, including its reputation. Also, the Company prohibits outside employment (including self - employment) that conflicts with employment at E -Z -GO, impacts the employee's work performance or schedule, and /or affects the business interests of the Company. Employees must contact Human Resources prior to engaging in any outside employment. EZGD DRUG $ ALCOHOL ABUSE 1/1106 E -Z -GO maintains a strong commitment to provide a safe, efficient, and productive work environment. The Company expects that employees will perform their duties safely and efficiently in a manner that protects their interests and those of their coworkers. In keeping with this commitment, E -Z-GO maintains zero tolerance for drug and alcohol abuse by its employees. Illicit drug use and irresponsible alcohol consumption puts everyone at risk and cannot be tolerated. Consistent with our efforts to promote health and safety and protect the interests of our employees, customers, and the Company, we cannot allow anyone to use, possess, distribute, sell, manufacture, purchase, or be under the influence of alcohol or illegal drugs, intoxicants, or controlled substances at any time on Company premises, in Company vehicles, or while on Company business, or during off hours if such activity is illegal. Prohibited Acts The following rules and standards of conduct apply to all employees. The Company strictly prohibits: 1. Possession, use, or being under the influence of alcohol or an illegal drug, intoxicant, or controlled substance while on the job, or on Company-owned or occupied premises, or during off hours if such activity is illegal; 2. Driving any vehicle on Company business while under the influence of alcohol or an illegal drug, intoxicant, or controlled substance; 3. Driving any Company vehicle on personal business while under the influence of alcohol or an illegal drug, intoxicant, or controlled substance; 4. Distributing, selling, manufacturing, or purchasing —or attempting to distribute, sell, manufacture, or purchase —an illegal drug, intoxicant, or controlled substance during working hours or during off hours if such activity is illegal, or while on Company-owned or occupied premises; EZGO 5. Testing positive on a required or requested drug or alcohol test or screen; 6. Refusing either to take or to release information regarding a required or requested drug or alcohol test or screen; and 7. Violating any Company rule or policy regarding alcohol and drug use. Testing Program The Company will require drug and/or alcohol testing: 1. Contingent with an offer of employment, and before the applicant commences employment; 2. When a reasonable suspicion exists that any employee is under the influence of alcohol or any illegal drug, intoxicant, or controlled substance while on the job, or is otherwise in violation of this policy. Reasonable suspicion means suspicion based on Information regarding, among other things, the appearance, behavior, speech, attitude, mood, and /or breath odor of any employee; 3. When any employee is found in possession of alcohol or any illegal drug, intoxicant, or controlled substance in violation of Company policy, or when any of those items are found in an area controlled or used by the employee, such as a desk or locker; 4. When an accident, or Incident occurs in the workplace or in the course of employment. 5. Through Programmed Random Testing (except where prohibited by State Law); 6. For a period of time after any employee has participated in a rehabilitation program; and 7. When required by a state or federal law or regulation. EZGO In the event that a drug and /or alcohol test is required, where practicable, the employee will not be permitted to work until a negative test result is received. If the test result is negative, the employee will be paid for any lost work time. Employees suspected of possessing alcohol, Illegal drugs, intoxicants, or controlled substances are subject to inspection and search, with or without notice. Employees' personal belongings, including any bags, purses, briefcases, and clothing, and all Company property, are also subject to inspection and search, with or without notice. Employees who violate the Company's drug and alcohol abuse policy will be removed from the workplace immediately. The Company may also bring the matter to the attention of appropriate law enforcement authorities. Any conviction for criminal conduct Involving illegal drugs, intoxicants, or controlled substances, whether on or off duty, or any violation of the Company's drug and alcohol abuse policy, including having a positive drug -test result, may lead to disciplinary action, up to and including termination. Any employee's conviction on a charge of sale, distribution, manufacturing —or attempted sale, distribution, or manufacturing —or possession of any controlled substance while off Company property will not be tolerated because that conduct, even though off duty, reflects adversely on the Company. In addition to reflecting adversely on the Company, the Company must keep people who are involved with illegal drugs, intoxicants, and controlled substances off premises owned or occupied by the Company in order to keep those substances off the premises. The use of prescription drugs and/or overdhecounter drugs may also affect an employee's job performance and seriously impair that employee's value to the Company. Any employee who is using prescription or over- the-counter drugs that may impair his or her ability to safely perform the job or may affect the safety or well being of others must submit a physician's statement that the prescription drug use will not affect job safety. The employee is not required to identify the medication or the underlying illness. Various federal, state, and local laws protect the rights of individuals with disabilities and others with regard to the confidentiality of medical information, medical treatment, and the use of prescription drugs and substances taken under medical supervision. Nothing EZGO contained in this policy is intended to violate or interfere with individual rights under these laws. NOTE: On occasion, managerial, executive, and sales staff may entertain customers during work hours or after work hours as representatives of the Company. These occasions may include lunches, dinners, and business conferences. On these occasions, only the moderate and limited use of alcoholic beverages is acceptable. In addition, occasionally, alcohol is served at social events sponsored by the Company. Only the moderate and limited use of alcohol is acceptable. Employees are expected to remain responsible, professional, and sober at all times. Accommodation of Employees Seeking Treatment/Rehabilitation The Company will attempt to reasonably accommodate employees with chemical dependencies (alcohol or drugs), if they voluntarily wish to seek treatment and /or rehabilitation and have not failed a Company required drug and/or alcohol test. Employees desiring such assistance should request an unpaid treatment or rehabilitation leave of absence. The Company's support for treatment and rehabilitation does not obligate the Company to employ any person who violates the Company's drug and alcohol abuse policy or whose job performance is impaired because of substance abuse. The Company is also not obligated to reemploy any person who has participated in treatment or rehabilitation if that person's job performance remains impaired as a result of dependency. Employees who have had an opportunity to seek treatment and /or rehabilitation and are involved in any further violations of this policy may not be given a second opportunity to seek treatment or rehabilitation. EZGO