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2012 Public Works Building Roof RepairCOUNTI Section \ Village of Oak Brook Public Works Building Roof Restoration Bid Package February, 2012 Table of Contents 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 Ms. Holly Bratanick The Daily Herald P.O. Box 280 Arlington Heights, IL 60006 Dear Ms. Bratanick: Please publish the following legal notice on February 15, 2012: NOTICE TO BIDDERS VILLAGE OF OAK BROOK The Village of Oak Brook will receive bids for: 2012 Public Works Building Roof Restoration A Pre -Bid meeting will be held at 10:00 a.m. on Wednesday February 22 2012 at the Public Works Building, 3003 Jorie Blvd., Oak Brook, Illinois 60523. Prospective bidders must be at the Public Works Building at 10:00 a.m. to be considered an attendee. Attendance at this meeting is mandatory. The purpose of the meeting is to give all prospective bidders the opportunity to inspect the condition of the roof at the Public Works Building. Any questions or concerns can be addressed at this time. Sealed bids will be received by Rania Serences, Purchasing Clerk, Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, IL 60523 until 11:00 A.M., Wednesday, February 29, 2012, prevailing time, and publicly opened in the Samuel E. Dean Board Room at that time. A complete bid package, of which this legal notice is a part, is on file for Inspection and may be downloaded from the Village's website www.oak-brook.org or picked up at the Butler Government Center, 1200 Oak Brook Road, Oak Brook, Illinois 60523, between the hours of 8:30 A.M. and 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 No bid shall be withdrawn after opening of bids without the consent of the Village of Oak Brook for a period of ninety (90) days after the scheduled time of opening bids.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 K. Pruss Village Clerk Section B Bid 2012 Public Works Building Roof Restoration 1. COST OF WORK: The undersigned, acting for and on behalf of contractor and having familiarized himself with conditions affecting the cost of the work and its performance and having carefully examined and fully understood the entire bid package, hereby affirms and agrees to enter into a contract with the Village of Oak Brook, Oak Brook, IL. To provide all supervision, labor, material, equipment and all other expense items to completely perform the work covered by all specifications for the work. The undersigned submits herewith his bid for the indicated item as follows: Complete the Public Works Building Roof Restoration as contained in Section D: Lump Sum Total$ 94,350.00 In WOrdS Ninety Four Thousand Three Hundred Fifty nollarc R 00/100's 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. 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. 1 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 by Vill. of oak Brook , 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: DCG Roofing Solutions Inc Telephone: 847-296-6611 Date: February 22, 201 2 If a Corporation: Sec etary Page 3 Section C Instructions 1. RECEIPT OF BID: 29th day, February, 2012, 11:00 A.M. 2. BASIS OF BID: Sealed bids will be received until the above noted time and date. 3. PROJECT DESCRIPTION: Public Works Building Roof Restoration. 4. PREPARATION AND SUBMISSION OF BID: A. A Pre -Bid meeting will be held at 10:00 a.m. on Wednesday February 22 2012 at the Public Works Building, 3003 Jorie Blvd., Oak Brook, Illinois 60523. Prospective bidders must be at Public Works Building at 10:00 a.m. to be considered an attendee. Attendance at this meeting is mandatory. The purpose of the meeting is to give all prospective bidders the opportunity to inspect the condition of the roof at Public Works Building. Any questions or concerns can be addressed at that time. B. 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, February 29, 2012, at 11:00 A.M.. prevailing time, 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. 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 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 may be attached to the bid 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. O. 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: Included in Section D, Specifications. 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 chnil ;;taive 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 me 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: 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 Aot, 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 2012 Public Works Building Roof Restoration Page 1 VILLAGE of OAK BROOK PUBLIC WORKS DEPARTMENT - TRANSPORATION CENTER 3003 JORIE BOULEVARD OAK BROOK, IL 60523 ROOF RESTORATION PROJECT OUTLINE BRIEF SUMMARY: 1. Replace existing perimeter edge metal cap detail with new nailer(s) & Metal Era Non -Penetrating Edge Flashing 2. Restore ail base flashings 3. Restore or replace all roof related metal work such as vent and plumbing stacks 4. Restore / Waterproof gravel surfaced membrane 5. Watertight exhaust and intake fans 6. Provide Five -Year Labor / Material Warranty Page 1 of 3 SPECIFICATIONS PERIMETER EDGE METAL REPLACEMENT: • Remove existing two-piece metal cap and dispose of • Install wood fill on outside wall edge detail per sketch • Install 5/8" plywood nailer facing over existing wood nailer and newly install wood filler blocking • Install Modified Base Sheet, such as Firestone APP Premium Base — or approved equal — over the newly installed wood nailer per sketch • Install Modified Cap Sheet, such as Firestone APP 180 —white granulated — or approved equal — over the newly installed base and down over existing base flashings to just below the cant area — see sketch • Install Metal Era Non -Penetrating Metal Edge Flashing ANCHOR-TITE FASCIA SYSTEM — B.U.R. / MODIFIED - 8 '/z" FACE HEIGHT IN MANSARD BROWN — NO SUBSTITUATIONS ALLOWED BASE FLASHING RESTORATION WORK: • Clean / inspect all base flashings • Patch all abnormalities in base flashing with a three course application of RPM (Republic Powered Metals) GeoGard Seam Sealer / RPM Permafab Fabric / RPM GeoGard Seam Sealer or approved equal .... If the abnormality is severe five course area ..... Also, three course all flashing seams and corners areas • Over the inspected / clean and patched flashings install two coats of RPM SolarGard HyBuild or approved equal ... First coat shall be in the color of Buckskin and the second coat in the color of White Page 2 of 3 FIELD ROOFING RESTORATION WORK: • Restore entire roof utilizing RPM Permaroof G, waterproofing system for gravel surface coal tar built-up roofs or approved equal per RPM specifications .... (Refer to RPM Specification PERMAROOFO G for more Information — Product information Section Attached) WARRANTY: • Provide Contractor's Five -Year Leak Free Warranty and RPM Five -Year Warranty, or approved equal ... Village of Oak Brook wants to be assured there will be no leaks for at least five -years (5) and they have ample coverage in the event there is any leakage ROOF RENDERING DETAIL The following specification is a rendition of the work that will be conducted to the roof edge. The labor provided will follow the Metal -Era@ Anchor-Tite Standard Fascia Non -Penetrating Specs, Additionally any work that will be done to the edge will follow all proper guidelines as laid out by the MRCA (Midwest Roofers Contactors Association), OSHA and Affordable Roofing Incorporated to insure that the roof meets regulations. Page 3 of 3 PRODUCT IDENTIFICATION lop "a-11111 N40605P - 5 gallon palls WATERPROOFING SYSTEM FOR GRAVEL SURFACE COAL TAR BUILT-UP ROOFS Description PERMAROOF G is an emulsified blend of special aromatic oils and additives formulated to be compatible with coal tar gravel surface built-up roofing. PERMAROOF G is asbestos free, Uses PERMAROOF G Is designed for the waterproofing, weatherproofing, and maintenance of gravel surface built-up roofing. PERMAROOF G is formulated to maintain weathered dry roof membranes and Improve self -healing characteristics of coal tar pitch. It effectively restores pliability of built-up roof bitumens. Advantages PERMAROOF G has minimal odor and Is solvent free. It Is safe to use since It is cold applied vvlth no kettles or torches needed, Limitations For Industrial use only. Application temperature shall be above 45°F. Not intended for use on smooth asphalt roofs, modified bitumen membranes or in areas subject to vehicular traffic, ponding water and over silicone based coating. Do not apply when rail Is Imminent. Do not apply to roofs having a slope greater than 2:12. Coverage PERMAROOF G is to be applied at the following recommended coverage rates: *Gravel Surface 5 - 6 gat./100 sq. ft, (96 wet rolls) TECHNICAL DATA VOC (ASTM D 3960.93) 299/1 Density O 77°F (ASTM D 1475-85) 8,6 Ib/gal Storage (unopened containers) Up to one year Clean Up Soap and Water *Note: Because of the irregular, rough surface that can be encountered, these amounts are minimum requirements and may be increased due to surface conditions. Preparation Remove loose gravel, dirt, dust, rotted felt, and foreign matter. Roof must be clean and dry. Repair or replace flashings with compatible flashing material. Coat vertical flashings with ALUMANATION 301 at 1-1/2 gal./100 sq, ft. or 24 wet mils. Repair defects, breaks and weak areas with PERMAFAB reinforcing fabric and cement in a 3 course method. Use PERMAROOF TAR PATCH for tar gravel surface. Roof must be watertight. Refer to appropriate BUR application specification for further information. Application PERMAROOF G can be applied by brush, roller, or spray gun to specified coverage rates. Apply PERMAROOF G to the prepared surface at the recommended coverage rates. Immediately broadcast aggregate surfacing to current local building code/dead load original design (typically 400 lbs per 100 sq. ft.). Refer to appropriate BUR application specification for additional information. Spray Equipment Recommendation Minimum 11:1 ratio pump with 156" to .172" spray tip, Maintenance It is recommended that the coating installation be checked on a regular schedtrin yvith additional Inspections after the system has been exposed to severe weather conditions. Small area touch up can be made at any time by following recommended application procedures. REI' LIC POWDERED METAL.S, INC. Republic Powdered Metals, Inc. 2628 Pearl Road * Medina, OH 44256 rnvwwapnrepubllc.com Section E General Conditions 1. Contractor shall have five (5) years of experience which is comparable in type and scope to this project. 2. Work hours are 7:00 a.m. to 3:30 p.m. Monday through Friday. Any deviation is subject to the approval of the Village representative. 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. 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.All 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. Page 1 15. Upon completion the Contractor shall supply a one year warranty covering material and workmanship; contractor shall submit sample warranty with bid. Page 2 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: DCG Roofing Solutions Inc 2. Permanent main office address: 1 285 Rand Road Des Plaines, IL 60016 3. When organized: July 2005 4. If a corporation, where incorporated: Illinois 5. How many years have you been engaged in the contracting business under your present firm or trade name: 6 Years 6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion) US Navy Great Lakes Naval Base -Building 329 $370,313.00 3/1/12 US Navy Great Lakes Naval Base -Building 1506 $382,500.00 4/15/12 7. General character of work performed by your company: Roofing 8. Have you ever defaulted on a contract: No 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 _ Crane. Sorav Machine, and Gravel Carts 11. Experience in work similar in importance to this project: 15 Years 12. Background and experience of the principal members of your organization, including the officers. 13. Credit available: $300,000.00 14. Bank reference: AmericaUnited Scgaumburg, IL Page 1 DCG Roofing Solutions Incorporated 1285 Rand Rd. • Des Plaines, Illinois 60016 ph 847/296-6611 fax 847/296-4604 Company Name Crystal Lake School Dist #47 Business References Company Name Systems Company Name 300 Commerce Rd. Crystal Lake, IL 60014 Contact Person Eric Kretchmer Architect DLA, Ltd Architect: 2 Pierce Place Ste#1300 Construction Area: Itasca, IL 60143 Material: 847-742-4063 Construction Area: 32,500 Square Feet Material: Modified Built-up Roof Date of Service June 2010 -July 2010 Contract Amount $ 344,900.00 Scope of Work As Prime Contractor Roof Scope of Work on Five(5) Schools Replaced Business References Company Name Systems Company Name Joliet Junior College 1215 Houbolt Rd. Contact Person Joliet, IL 60431 Contact Person Ali Mahood Architect: Stanley Consultants, Inc Construction Area: 8501 W Higgins Rd Ste#730 Material: Chicago, IL 60631 Date of Service 773-693-9624 Construction Area: 23,500 Square Feet Material: Modified Built-up Roof Date of Service June 10, 2007 - July 27, 2007 Contract Amount $ 369,000.00 Scope of Work As Prime Contractor, Replace Roof on Building J Company Name Allied Tube & Conduit 16100 Lathrop Ave Contact Person Harvey, IL 60426 Contact Person Robert Kristek Construction Area: 708-339-1610 x7954 Construction Area: 33,300 Square Feet Material: Modified Built-up Roof Date of Service September 2010 Contract Amount $ 764,300.00 Scope of Work As Prime Contractor Remove and Replace Roof Mill East Company Name Waukegan Park District Contact Person Construction Area: Material: Date of Service Contract Amount Scope of Work Company Name Contact Person Architect: Construction Area: Material: Date of Service Contract Amount Scope of Work Company Name Contact Person Architect: Construction Area Materials: Date Of CP.rvIC_e Contract Amount Scope of Work Company Name Contact Person: Construction Area: Material: Date of Service: Contract Amount: Scope of Work: Allied Tube & Conduit 16100 Lathrop Ave. Harvey, IL 60426 Gary Knapik 708-339.1610 42,500 Square Feet Modified Built-up Roof August 20, 2009 $ 535,000.00 As Prime Contractor, Reroof/Repair Saw Mill #2 Roosevelt Elementary School 111 W 1461h Street Dolton, IL John Moraris 630-541-6014 x227 Chevron Energy Solutions Co. 619 Enterprise Drive #201 Oak Brook, IL 60523 35,000 Square Feet Modified Built-up Roof August 01, 2009 $ 344,900.00 As Prime Contractor, Replace Roof Roosevelt School Chicago Heights School Dist #170 25 W 16" Place Chicago Heights, IL 60411 Mario Planera 708-474-3600 Detella Planera & Paukner, Inc 20060 Governors Dr Ste# 101 Olympia Fields, IL 60461 12,500 Square Feet Modified Built-up Roof August 01, 2009 $ 175,000.00 As Prime Contractor, Replace Roof McKinley School Second Congressional Church 403 Church St Rockford, IL 61125 Jamie Pickens 815-226-4348 17,900 Square Feet Modified Built-up Roof May 20 -June 15,2007 229,291.00 As Prime Contractor, Replace Roof on Main Sanctuary. 2000 Belvidere St. Waukegan, IL 60085-6172 Contact Person Bill Walker 847-360-4754 Construction Area: 12,900 Square Feet Material: Modified Built-up Roof Date of Service August 14, 2007 Contract Amount $ 68,505.00 Scope of Work As Prime Contractor, Replace Belvidere Rec. Center Contact Person Construction Area: Material: Date of Service Contract Amount Scope of Work Company Name Contact Person Architect: Construction Area: Material: Date of Service Contract Amount Scope of Work Company Name Contact Person Architect: Construction Area Materials: Date Of CP.rvIC_e Contract Amount Scope of Work Company Name Contact Person: Construction Area: Material: Date of Service: Contract Amount: Scope of Work: Allied Tube & Conduit 16100 Lathrop Ave. Harvey, IL 60426 Gary Knapik 708-339.1610 42,500 Square Feet Modified Built-up Roof August 20, 2009 $ 535,000.00 As Prime Contractor, Reroof/Repair Saw Mill #2 Roosevelt Elementary School 111 W 1461h Street Dolton, IL John Moraris 630-541-6014 x227 Chevron Energy Solutions Co. 619 Enterprise Drive #201 Oak Brook, IL 60523 35,000 Square Feet Modified Built-up Roof August 01, 2009 $ 344,900.00 As Prime Contractor, Replace Roof Roosevelt School Chicago Heights School Dist #170 25 W 16" Place Chicago Heights, IL 60411 Mario Planera 708-474-3600 Detella Planera & Paukner, Inc 20060 Governors Dr Ste# 101 Olympia Fields, IL 60461 12,500 Square Feet Modified Built-up Roof August 01, 2009 $ 175,000.00 As Prime Contractor, Replace Roof McKinley School Second Congressional Church 403 Church St Rockford, IL 61125 Jamie Pickens 815-226-4348 17,900 Square Feet Modified Built-up Roof May 20 -June 15,2007 229,291.00 As Prime Contractor, Replace Roof on Main Sanctuary. Key Personnel DCG Roofing Solutions Incorporated 1285 Rand Rd. • Des Plaines, Illinois 60016 ph 847/296-6611 fax 847/296-4604 Dominic W. Dunlap President • 20 Years Roofing Industry Experience • 12 Years Working for Tremco Roof Consulting • Licensed with the State of Illinois Department of Financial and Professional Regulation • Obtained Certified Roofing Consultant Status • Obtained Construction Document Technologist From CSI Rodrigo Palomino Foreman • 23 Years Roofing Practical Experience • Certified OSHA 30 Hour Safety Certificate • Safety Trained • 15 Years with Riddiford Roofing 15. In 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: Yes 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 c DATED at Des Plaines ,Illinois this In STATE OF ILLINOIS ) ) SS. COUNTY OF Cook ) Title Dominic Dunlap being duly sworn deposes and says that he is the President of DCG Roofing Solutions Inc and that the answers to the foregoing questions and all statements therein contained are true and correct. SUBSCRIBED and sworn to before me this22nd day of February 2012. OFFICIAL SEAL ANDREA L LAPENTA NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES:05125115 Page 2 ' '- 1--=tary Public ap 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: Chicago Heights School District 170 Address: 25W1 6th place Chicago Heights, IL 60411 Phone #: 708-456-4165 Contact: Ron Mascitti 2. Company Name: Crystal Lake School District 47 Address: 300 Commerce Rd. Crystal Lake, IL 60014 - Phone #: 847-742-4063 Contact: Eric Kretchmer 3. Company Name: Allied Tube & Conduit Address:16100 Lathrop Ave. Harvey, IL 60426 Phone* 708-339-1610x7954 Contact: Robert Kristek 4. Company Name: Waukegan Park District Address:2000 Belvidere Str. Waukegan, 1L 60085 Phone #: 847-360-4754 Contact: Bill Walker 5. Company Name: Roosevelt Elementary School Address:111W146th Str. Dolton, IL 60419 Phone #: 630-541-6014x227 Contact: John Moraris 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: "2012 Public Works Building Roof Restoration" (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) I ' X Corporation Partnership Individual Firm Name: DCG Roofing solutions Inc Address: 1285 IJALnd Road City, State, Ia.D Plaines IL 1 6 Signature: Name Printed: Dominic Du ap President Telephone: 847-296-6611 Date: 2/22/2012 Page 1 SUBSCRIBED AND SWORN TO before me this 22nd day Of February 2612 i a is WWAL- OFFICIAL SEAL ANDREA L LAPENTA NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES:05/25/15 Page 2 Section I Contract 2012 Public Works Building Roof Restoration 1. THIS AGREEMENT, made and concluded this 22nd day of FebruarY2012, between the Village of Oak Brook, a municipal corporation, acting by and through its President and Board of Trustees, known as VILLAGE, and Dominic Dunlap 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. 1 And it is also understood and agreed that the entire Bid Package hereto attached, approved by the VILLAGE this 22nd day of February2012, 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 Clerk ATTEST: Secretary Page 1 Village Roofing Solutions Inc Dunlap 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 DCG Roofing Solutions Inc hereinafter referred to as "Contractor" having submitted a bid/proposal for Roofing Restoration to the Village of Oak Brook, DuPage/Cook Counties, Illinois, hereby certifies that said Contractor has a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105(A)(4) including the following information: 1. An acknowledgment of the illegality of sexual harassment. 2. The definition of sexual harassment under State law. 3. A description of sexual harassment, utilizing examples. 4. The contractor's internal complaint process including penalties. 5. The legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission. 6. Directions on how to contact the Department 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 p f(c 'to the Illinois Department of Human Rights upon request. 0 oubscribed and sworn to before me this 22nd day of February 2012 of N"ary Wc M rwveryALENTA OF ILLINOISES:05/25/15 Page 3 ominic Dunlap CONTRACTOR'S CERTIFICATIONS (CONTRACT EXECUTION) DCG Roofing Solutions , having executed a contract for Roofing RestoraticWlth the VILLAGE, hereby certifies that said contractor is not barred from executing said contract as a result of a violation of either Section 5/33E-3 or 5133E-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 Title: Subscribed and Sworn to before me this 22nd day of February 12012 Notary u is By.�I Dominic Dunlap me _ on ractor's Executing Officer Title: president Title of Contractor's Executing Officer My Commission Expires: 5/25/15 OFFICIAL SEAL ANDREA L LAPENTA NOTARY PUBLIC -STATE Of ILLINOIS MY COMMISSION EXPIRES:05125/15 Page 4 -SEAL- PREVAILING WAGE AFFIDAVIT I, Dominic Dunlap (name of signatory), on oath hereby state and certify that DCG Roofing Solutions Inc (name of Contractor), pursuant to a Contract dated February 22 2012, with the Village of Oak Brook for the Public works 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. DCG Roofing Solutions Inc (name of Contractor) has also complied and will comply with all record keeping requirements established in the Prevailing WageAct (820 ILCS 130/0.01, et seq. Dominic Dunl Title: President SUBSCRIBED AND SWORN TO BEFORE l Y OF February 2012 OFFICIAL SEAL ANDREA L LAPENTA NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES:05/25/15 Paaei �Yr»V'� (3 3i�S CERTIFICATION OF PAYROLL RECORDS 1, Dominic Dunlap (name of person executing this certificate), do hereby certify that I am the duly qualified and acting President (title) for DCG Roofing solutions ,I"me 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 DCG Roofing solutio(Mme of contractor) on the Public works Project (the "Project") for the Village of Oak Brook (the "Village"), including each such worker's name, address, telephone number, social security number, classification or classifications; and the hourly wages paid in each pay period, hours worked each day, and the starting and ending times of work each day for each such worker on such Project. I do hereby further certify that the hourly rate paid to each worker is not less than the general prevailing rate of hourly wages required by the Act, and that Dec Roofing solutions Inc (name of contractor), and I on behalf of such contractor, are fully aware that filing a certified payroll that we know to be false is a Class B misdemeanor. I further certify that upon two (2) business days' notice, if requested, we and any subcontractor hired by us shall make available for inspection the records required in the Act to the District, its officers and agents, and to the Director of Labor, his deputies and agents, at reasonable hours at a location within the State of Illinois. Date: February 22 2012 tions (Name (Sig Dominic Dunlap (Printed Name) Presid (Title) nic Dunlap Subscribed and sworn to before me this 22nd f February 2012. IIY'� .�a �i IV oa OFFICIAL SEAL ANDREA L LAPENTA NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES:OS/25115 ��-�'br�5'I'7Sf�� Page 6 ROOFING CONTRACTOR WORKMANSHIP WARRANTY 1) Contractor: 2) Roof Owner: 3) Type and Name of Building: Building location: 4) Roofing Materials Manufacturer: (Name and Address) Area of Roof 5) Warranty begins: and expires: (Date) (Date) 6) Warranty: Contractor warrants to Owner that it applied the roofing materials to the above-described roof in accordance with (a) the written specifications of Roofing Materials Manufacturer and (b) good roofing industry practices, in effect on the date application commenced. Subject to the following terms, conditions and limitations, Contractor will, during the term of this Warranty, at its expense, repair or cause to be repaired leaks in said roof which are the result of defects in Contractor's workmanship. Upon expiration of the term of this Warranty, without notice from Owner of some defect, Contractor shall have no further obligation to make repairs at Contractor's expense under any provision of this Warranty and Owner shall not make any further demand or claim against Contractor concerning Contractor's workmanship, or the roofing materials installed, provided that Contractor promptly commences and diligently proceeds with the correction and repair of all such defects covered by this Warranty which are called to Contractor's attention in the manner set forth in paragraph 8 below during the term of this Warranty by Owner. 7) Terms, Conditions and Limitations. This warranty does not cover any leaks in the roof caused by: the acts or omissions of other trades or contractors; lightning, winds of peak gust speeds of 55 m.p.h. or higher measured at 10 meters above ground, hail storm, flood, earthquake or other unusual phenomenon of the elements; structural settlement; failure, movement, cracking or excess deflection of the roof deck; defects or failure of materials used as a roof substrate over which the roof system is applied; faulty condition of parapet walls, copings, chimneys, skylights, vents, supports or other parts of the building; vapor condensation beneath the roof; penetrations for pitch boxes; erosion, cracking and porosity of mortar and brick; dry rot; stoppage of roof drains and gutters; penetration of the roof from beneath by rising fasteners of any type; inadequate drainage, slope or other conditions beyond the control of Contractor which cause ponding or standing of water; termites or other insects; rodents or other animals; fire; or harmful chemicals, oils, acids and the like that come in contact with the roofing system and cause a leak or otherwise damage the roof system. If the roof fails to maintain a water -tight condition because of damage by reason of any of the foregoing, this warranty shall immediately become null and void for the balance of its term unless such damage is repaired by Contractor at the expense of Owner. 8) Notification by Owner. During the term of this warranty, if the roof leaks, Owner must immediately notify Contractor by telephone of such leaks, and promptly confirm such telephone notice by written notice to Contractor. 9) Events Which May Void Warranty. This warranty shall become null and void: (a) Unless Contractor receives notice from Owner during the term of this Warranty in accordance with paragraph 8 above of any leaks and is provided an opportunity to inspect, and if required by the terms of this warranty to repair the roof; (b) If work is done on such roof, including, but without limitation, work in connection with flues, vents, drains, sign braces, railings, platforms or other equipment fastened to or set on the roof or if repairs or alterations are made to said roof, without first notifying Contractor in writing and giving Contractor the opportunity to make the necessary roofing application recommendations with respect thereto, which recommendations are complied with. Contractor shall be paid for time and materials expended in making recommendations or repairs occasioned by the work of others on the subject roof; (c) If any area of the roof is used as a promenade, walkway or work area or is sprayed or flooded, unless such use was originally specified with a defined area and the specification is noted in paragraph 14 below. 10) Transferability. This warranty shall accrue only to the benefit of the original owner named above. It is not transferable to any other person, except with the prior written consent of Contractor. 11) No Other Warranties. NO OTHER EXPRESS WARRANTY IS GIVEN BY CONTRACTOR TO OWNER. THE REPAIR OF THE SUBJECT ROOF IS THE EXCLUSIVE REMEDY. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ALL IMPLIED WARRANTIES, AND SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. This warranty is separate and apart from any warranty that may be issued to Omer by the Roofing Materials Manufacturer. CONTRACTOR EXPRESSLY EXCLUDES AND DISCLAIMS ANY RESPONSIBILITY TO OWNER IN CONNECTION WITH OR ATTRIBUTABLE TO THE ROOFING MATERIALS AND ANY SUCH ROOFING MATERLALS MANUFACTURER'S WARRANTY. 12) Incidental or Consequential Damages. UNDER NO CIRCUMSTANCES SHALL CONTRACTOR BE LIABLE TO OWNER OR ANY OTHER PERSON FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUD- ING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO OR LOSS OF USE OF THE BUILDING OR ITS CONTENTS, WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT OR UNDER ANY OTHER THEORY OF LAW. 13) Payment to Contractor. This warranty shall not be or become effective unless and until Contractor has been paid in full for said roof in accordance with the agreement pursuant to which said roof was applied. 14) Additional conditions or exclusions This warranty has been duly executed this day of 20_ By: By: Contractor Owner 2007B_Roofing_Contractor_Workmanship_Warranty • Midwest Roofing Contractors Association • 800/497-6722 • www.mrca.org % Section J Contract Bond 2012 Public Works Building Roof Restoration , Subject to Adjustment Based on Final Contract Price vve, as PRINCIPAL, and as SURETY, are held and firmly bound unto the Village of Oak Brook (hereafter referred to as "VILLAGE") in the penal sum of Dollars ($ ), 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 day of 2012. PRINCIPAL (Company Name) By: (Signature) (Title) (Company Name) By: (Signature) (Title) (If PRINCIPAL is a joint venture of two or more contractors, the company names and authorized signatures of each contractor must be affixed.) (Name of Surety) SURETY By: (Signature of Attorney in Fact) State of Illinois ) ) SS. County of ) I, a Notary Public in and for said county, do hereby certify that (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 day of 2012. Notary Public My commission expires: Page 9