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HomeMy WebLinkAboutHeritage Center Facade Restoration Project j:\worddoc\rfp\2023 rfp\heritage center facade restoration project.doc VILLAGE OF OAK BROOK Purchasing Division 1200 Oak Brook Road Oak Brook, IL 60523 (630) 368-5164 REQUEST FOR PROPOSAL HERITAGE CENTER FACADE RESTORATION PROJECT (TUCKPOINTING) August 2023 j:\worddoc\rfp\2023 rfp\heritage center facade restoration project.doc TABLE OF CONTENTS SECTION 1. REQUEST FOR PROPOSALS ............................................................................................... 2 A. NOTICE – POSTED ON VILLAGE WEBSITE FRIDAY AUGUST 11, 2023: ..................................................... 2 B. PROJECT DESCRIPTION ...................................................................................................................... 3 SECTION 00101 PROPOSALFORM ........................................................................................................ 3 PROPOSAL FORM FOR HERITAGE CENTER FAÇADE RESTORATION PROJECT ................................................. 4 PART 2 – PRODUCTS ............................................................................................................................ 10 PART 3 – EXECUTION ........................................................................................................................... 10 PART 2 - PRODUCTS ............................................................................................................................ 13 PART 3 - EXECUTION ............................................................................................................................ 13 PART 2 - PRODUCTS ............................................................................................................................ 19 PART 3 - EXECUTION ............................................................................................................................ 21 1. SEALANTS: COLOR SAMPLES OF CURED SEALANT FOR SELECTION OF COLOR BY THE OWNER AND ARCHITECT. .............................................................................................................................................. 26 PART 2 - PRODUCTS ............................................................................................................................ 26 PART 3 - EXECUTION ............................................................................................................................ 27 1.2 DESCRIPTION ........................................................................................................................... 29 1.3 DEFINITIONS ............................................................................................................................. 29 1.4 WORK NOT INCLUDED IN THIS SECTION .............................................................................. 29 1.5 MEASUREMENT AND PAYMENT .............................................................................................. 30 1.6 REFERENCES ........................................................................................................................... 30 1.7 QUALITY ASSURANCE ............................................................................................................. 30 1.8 SUBMITTALS ............................................................................................................................. 31 1.9 MOCK-UP FOR APPROVAL OF FINAL COLORS ...................................................................... 32 1.10 DELIVERY AND STORAGE ....................................................................................................... 32 1.11 WEATHER AND TEMPERATURE ............................................................................................. 32 1.12 SCAFFOLDING AND PROTECTION .......................................................................................... 32 2.2 PAINT MATERIALS .................................................................................................................... 33 3.2 PAINT PERFORMANCE AND FIELD QUALITY ASSURANCE ................................................... 35 3.3 PAINT SYSTEMS ....................................................................................................................... 36 3.4 EXTERIOR PAINTING ................................................................................................................ 36 3.5 CLEANING ................................................................................................................................. 36 C. GENERAL TERMS AND CONDITIONS ............................................................................................... 43 SECTION 2. PROPOSAL INSTRUCTIONS ............................................................................................... 53 A. GENERAL INFORMATION .................................................................................................................... 53 B. REFERENCES ................................................................................................................................... 54 C. PROPOSERS CERTIFICATION ............................................................................................................ 56 D. SEXUAL HARASSMENT POLICY .......................................................................................................... 58 E. PREVAILING WAGE AFFIDAVIT ........................................................................................................... 59 F. CERTIFICATION OF PAYROLL RECORDS ............................................................................................. 60 G. PERFORMANCE/LABOR AND MATERIAL BOND SAMPLES ...................................................................... 61 SECTION 3. REVIEW PROCESS ............................................................................................................. 66 A. EVALUATION OF PROPOSALS AND SELECTION .................................................................................... 66 B. BASIS OF AWARD ............................................................................................................................. 66 2 j:\worddoc\rfp\2023 rfp\heritage center facade restoration project.doc Section 1. Request for Proposals A. Notice – posted on Village website Friday August 11, 2023: Village of Oak Brook Request for Proposals Heritage Center Facade Restoration Project August 2023 The Village of Oak Brook is soliciting proposals for Heritage Center Facade Restoration Project. Proposals should be addressed to: Rania Serences Purchasing and Budgeting Coordinator Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 A Pre-Proposal Meeting and site visit will be held in the SE Dean Board Room of the Butler Government Center, 1200 Oak Brook Road, Oak Brook, Illinois, 60523, at 10:00 A.M., Thursday, August 17, 2023. Attendance at this meeting is mandatory. Failure to attend this meeting disqualifies a company from submitting a proposal on this work. This meeting is an opportunity to ask questions concerning the specifications and to visit the Heritage Center located at 1112 Oak Brook Road, Oak Brook, Illinois 60523. The closing date and time for receipt of proposals is Thursday, August 24, 2023, 3:00 P.M. prevailing time. Proposals received after the submittal time will be rejected and returned unopened to the sender. A complete proposal package is on file for inspection and may be downloaded from the Village’s website at www.oak-brook.org, or picked up at the Butler Government Center, 1200 Oak Brook Road, Oak Brook, Illinois 60523, between the hours of 8:00 A.M. and 4:30 P.M., Monday through Friday. There is no charge for the package. The Village reserves the right to reject any or all proposals, waive or not to waive any irregularities therein, and to accept the proposal considered to be in the best interest of the Village. 3 j:\worddoc\rfp\2023 rfp\heritage center facade restoration project.doc B. Project Description I. Introduction The Heritage Center is a 1 & 2-story community building construction circa 1921. The facades are a combination of brick masonry, limestone, and articulated wood trims. The building’s facades openings are of decorative windows of different shapes and doors. The building is experiencing water infiltration along the 2nd floor at the northwest and southwest corners (see aerial photo). The approximately 6,000 square feet Heritage Center is located on the corner of 31st Street and Oak Brook Road. The building is setback serval yards from the streets and is placed diagonally. The main entrance faces the intersecting streets. The historic brick masonry structure has two stories in the center with one-story wings at each side (see aerial photo and others). Frank Osgood Butler donated the land and funded the construction of the schoolhouse. The Old Butler School was built in 1921 in the architectural style known as Georgian Revival. It included features of the Federal style on facades. In the typical Georgian Revival style, the chimneys are on opposite sides of structure. The architect’s name is unknown. The building was added in 2003 to the National Register of Historic Places. The building has been an important community-gathering place for many generations and various events. In 1975, the Oak Brook Historical Society was established in Old Butler School to serve the community as resource for research and preserving the history of Oak Brook. The schoolhouse is now called the Heritage Center. II. Proposal Form and Specifications SECTION 00101 PROPOSALFORM PROPOSAL FROM: Name: Address: Telephone: Date: THE UNDERSIGNED: 1. Acknowledges receipt of: A. Addenda: No. , dated . No. , dated . 4 j:\worddoc\rfp\2023 rfp\heritage center facade restoration project.doc 2. Has examined the site and all proposal documents, upon which this proposal is based, and is cognizant of the Contract requirements and conditions affecting the Work. 3. Agrees to: B. Hold this Proposal open until 90 calendar days after the Proposal due date. C. Accept the provisions of the Instructions to Proposers regarding consideration of proposals. D. Enter into and execute a Construction Contract, as required by the Village of Oak Brook. 4. Proposes to furnish all labor, materials, equipment, and services, including overhead and profit, and to perform all Work necessary for the completion of the Project, as drawn and specified, in strict accordance with the above-named Construction Contract Documents, for the prices outlined below. The Unit Prices listed on the attached Proposal form shall be the basis for both the determination of this Proposal and for adjusting the Contract Sum for actual quantities of work performed. The Unit Prices shall remain constant through completion of all phases of work. 5. Should more or less work be required, Architect shall adjust work quantity and cost/credit will be recorded on a Village of Oak Brook Change Order form, based on contract unit costs. Proposal Form for Heritage Center Façade Restoration Project (Tuckpointing Restoration) Note: For a complete description of the repairs, see Summary of Work, 00101. WORK ITEM NO. WORK DISCRIPTION EST. QTY UNITS OF MEAS. TOTAL PRICE Section A (Parapet - North) 1 Performance and Payment Bond 1 Lump Sum $ 2 Mobilization and General Provisions 1 Lump Sum $ 3 Site Protection 1 Lump Sum $ 4 Tuckpointing 1 Lump Sum $ Total $ Note: See Aerial Map for location of Section listed on proposal sheets. 5 j:\worddoc\rfp\2023 rfp\heritage center facade restoration project.doc COST PER UNIT ITEM SHOULD ADDITIONAL WORK BE NECESSARY WORK ITEM NO. WORK DISCRIPTION EST. QTY UNITS OF MEAS. UNIT PRICE Scope of Work for Repairs 1 Tuckpointing 1 SF $ 2 Waterproofing existing lintel (includes see detail 4.) 1 LF $ 3 Lintel Replacement 1 LF $ 4 Brick Replacement 1 SF $ 5 Sealant Replacement (incl. Door, Window, & Louvers Frames) 1 LF $ 6 Paint Door and Window Frames $ a) Door Frames 1 Each $ b) Window Frames c) Louvers 1 1 Each Each $ $ 6 j:\worddoc\rfp\2023 rfp\heritage center facade restoration project.doc 6. LISTING OF MAJOR SUBCONTRACTS: Major subcontractors must be included in the proposal form. The Undersigned states that he will employ reputable and experienced Subcontractors for the separate portions of the Work, who are as follows: SUBCONTRACTORS PORTION OF WORK (DESCRIPTION) 7. Proposes the following voluntary alternates to the Contract requirements or specifications: Additional space may be used on a separate page to further discuss the benefits of proposed voluntary alternate. PROPOSED VOLUNTARY ALTERNATE PROPOSED CHANGE IN BASE PROPOSAL 8. Affirms that he/she has enclosed the following required attachments: A. A Completed Proposal Form Spreadsheet. B. A proposed Construction Schedule, indicating the sequence of work, starting and completion dates for all tasks. C. Names and resumes for the Superintendent and proposed candidate(s) for Foreman. PROPOSER (Legal name of person, firm, or Corporation) By: (Name) (Title) If a Corporation ATTEST: (Secretary) 7 j:\worddoc\rfp\2023 rfp\heritage center facade restoration project.doc 8 j:\worddoc\rfp\2023 rfp\heritage center facade restoration project.doc - END OF SECTION - 9 SECTION 00102 SUMMARY OF WORK PART 1 – GENERAL 1.01 BASE PROPOSAL/SCOPE OF WORK A. The following is a summary of the work to be included in the Scope of Work for the Base PROPOSAL. The Base Proposal incorporates work to be performed on all elevations. B. The Architect will perform an initial inspection with the Contractor at the start of work at each section to verify specific areas where repairs are to be performed. C. During the performance of the work, the Architect will visit the site to observe progress and verify that it is being performed in accordance with the Construction Documents. The Contractor shall allow the Architect access to the exterior walls to observe the work in progress. D. Refer to attached photographs and details. E. Scope of Work for Repairs: 1. Tuckpointing: Grind and point deteriorated or cracked masonry brick joints, at locations shown on the photographs or where directed by the Architect. See attached tuckpointing detail for further information. Color of new mortar to be selected and approved by Owner. 2. Lintel Replacement: Replace steel lintels above door frames and windows on the facades. See designated lintels shown on photographs or where directed by the Architect. (a) Perform the following: a) Remove three (3) brick courses or one (1) soldier brick course above the damaged lintel b) Coat new lintel 100% with heavy duty antirust paint (i.e. Tnemec or equal) and install. Color to be selected and approved by Owner. c) New steel lintels to bear 6” (minimum) over masonry walls at each end. d) Install stainless steel drip edge at bottom of angle and apply self- adhesive waterproofing membrane flashing over the steel lintel and S.S. drip edge e) Install end dams at each end and termination bar with 16” O.C. stainless steel fasteners and seal top of term bar (see lintel detail for more information). f) Install three (3) brick courses or one (1) soldier brick course above new matching bricks and mortar (new bricks to match existing masonry). See attached lintel detail for further information. 10 3. Brick Replacement: Replace distressed brick masonry at locations shown on the photographs or at other locations of distressed brick masonry designated by the Architect. Color, texture, and shape of new brick to be selected and approved by Owner. 4. Sealant Replacement: Remove deteriorated sealant around perimeter of window frames and door frames. Frames and masonry surfaces to be scraped and cleaned for the installation of new sealant prime. Install bond breaker tape or backer rod and apply new sealant as per attached detail or as directed by Architect. Color of sealant to be selected and approved by Owner. 5. Paint Door and Window Frames: Window frames and door frames to be scraped and cleaned from deteriorated paint. Prime wood or metal frames as per manufacturer’s product data sheets. Apply two finish exterior paint as shown on photographs or as directed by Architect. Color of paint to be selected and approved by Owner. (a) Miscellaneous metals such as decorative and/or staircase shall be scraped, primed, and apply two coast of exterior finish paint. Color of paint to be selected and approved by Owner. (b) Decorative wood surfaces shall be scraped, primed, and apply two coast of exterior paint. Color of paint to be selected and approved by Owner. PART 2 – PRODUCTS Not Used PART 3 – EXECUTION Not Used END OF SECTION 11 SECTION 00301 MORTAR (Tuckpointing) PART 1 - GENERAL 1.01 SECTION INCLUDES A. Furnish all labor, materials, tools, and equipment and perform all work necessary for and incidental to providing materials and pre-mixed mortar as specified herein, in accordance with the provisions of the Contract requirements. B. 100% of all façade mortar shall be re-pointed. Custom color mortar can be obtained from Henry Frerk Sons or be field matched by the mason using DCS masonry pigments. There is an option, if approved by Owner for the Contractor to select another mortar manufacturer. The mortar color shall be approved by the Owner before work commences. It is suggested that all cleaning and stone patching repairs be completed before re pointing. Failed common brick should be replaced with lime mortar to match the dominant color (the modern Portland cement, lime, and sand from the previous repointing job) unless 100% of brick is to be repointed (recommended) then a lime mortar (N.H.L 3.5) should be used. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Section 00302 - Brick Masonry 1.03 REFERENCES A. Except as modified by this Specification, applicable portions of the following reference standards shall govern the Work: 1. ASTM C 1707-09 – Pozzolanic Hydraulic Lime 2. ASTM C 144 - Standard Specification Aggregate for Masonry Mortar 3. ASTM C 207 06 - Standard Specification for Hydrated Lime for Masonry Purposes 4. ASTM C 270 06 - Standard Specification for Mortar for Unit Masonry 5. ASTM C 780 06 - Standard Test Method for Preconstruction and Construction Evaluation of Mortars for Plain and Reinforced Unit Masonry 6. ASTM C 780 – Standard Test Method for Preconstruction and Construction Evaluation of Mortars and Plain and Reinforced Masonry 1.04 QUALITY ASSURANCE A. Mixer Qualifications: Must have experience in preparation of masonry mortar. Apprentices must be fully supervised by an experienced journeyman. B. Mortar Testing: Upon request by the Owner, the Contractor shall engage a qualified independent testing laboratory to perform specified tests of mortar. Costs for such tests will be paid by the Owner. 12 1.05 SUBMITTALS A. Manufacturer’s printed literature including instructions for handling, storing, and use, as well as “spec data” sheets for all materials specified for this specification section. B. Certifications: Prior to delivery of materials to the project site, submit to the Architect certificates attesting to compliance with the applicable specifications referenced herein, including: 1. Pre-Mixed Mortar Product Data Sheets 2. Sand Gradation 1.06 DELIVERY, STORAGE, AND HANDLING A. All materials received at the site shall arrive in unopened packaging and shall be unloaded with care and handled to avoid any damage or contamination of the materials. B. All materials shall be stored, covered, and protected from the weather in strict compliance with the manufacturer’s recommendations. C. The locations for storage shall be approved by the Owner. D. Packaged materials shall be stored above ground on platforms permitting air circulation beneath them. E. Sand shall be stored in a manner to avoid direct contact with ground surfaces, and to prevent contamination from dirt, debris, etc. 1.07 TRIAL REPAIR A. Provide a sample of the mortar work installed in a trial repair area at a location mutually agreed upon with the Architect and Owner. Upon approval, the quality of the Work used in the trial repair area shall be established as the standard for the project and remain available throughout the entire job. Do not discard, it must be present until the facade restoration is 100% completed. The trial repair shall consist of the following: 1. A sample of pre-mixed mortar for use in pointing brick masonry joints. 2. A sample of setting mortar for new brick masonry. 3. Provide up to three (3) samples of new mortar installed in a trial repair area at locations mutually agreed upon with the Architect and Owner for the purpose of selecting the appropriate finished mortar appearance. Samples are to be minimum 4 sq. ft. in area. Additional samples may be required by the Contractor until an acceptable mortar color is found. 13 PART 2 - PRODUCTS 2.01 MATERIALS A. Cementitious Materials: 1. Niagara PHL mortar pre-mix 2. MASONRY CEMENTS WILL NOT BE ALLOWED. B. Sand: ASTM C 144, except that the grading shall comply with the limits specified in Section 4.3 of Brick Institute of America (BIA) Technical Note 8A. C. Admixtures: 1. No air-entraining admixtures or materials containing air-entraining admixtures shall be used in mortar. 2. No antifreeze compounds or other substances, including calcium chloride, shall be added to mortar. D. Water: Clean, potable, and free from deleterious amounts of acids, alkalis, or organic materials. E. Mortar Colors: Inorganic compounds used in the proportions recommended by the manufacturer, but in no case exceeding 10% of the cement volume, except that carbon black may not exceed 3% of the weight of the cement. 2.02 AESTHETICS A. Colors for new mortar shall be approved by the Owner and Architect as part of the Trial Repair. B. The new mortar shall match the existing mortar in composition, texture, particle size, and appearance. C. Where possible, use colored aggregates to obtain desired mortar color. 2.03 PROPORTIONS A. Niagara PHL or equal blended hydraulic lime PART 3 - EXECUTION 3.01 MORTAR REMOVAL A. Grind or chisel out mortar joints to a depth of at least 2 1/2 times the width of the joint or deeper until sound original mortar is located. B. Remove all mortar fins left by the grinder from the top and bottom bricks so pointing mortar obtain a direct bond to the brick. 14 C. Remove all dust and debris from joints to ensure sound bonding. D. Perform the above steps without damaging the masonry units or building. E. Control of water absorption of the material. Substrate should not have standing water rapidly absorbed. A fine mist may be used to control the rate of absorption. Any issues that my attribute to the substrate retaining moisture must be repaired prior to work being done. F. The typical mix ratio for PHL is 3.5 is 1:3 (lime vs. sand) based on volume. Do not use frozen materials mixed with or coated with ice or frost. G. The lime and sand should be mixed prior to adding any water to ensure there is not to much water in the mix. H. After a dry mix of lime and sand is thoroughly performed, add water carefully for the correct consistency. Note: Too much water can cause the material to shrink and become weak. I. When the temperature of surrounding air is, or is anticipated to be, 40oF and falling, or 90oF and rising within 24 hours of Work, take precautions to protect masonry materials and installed masonry work. Comply with BIA Technical Note 1, “All-Weather Construction.” A copy of this document is available from the Architect upon request. 3.02 WALL PREPARATION A. Pre-wet the wall with copious amounts of water (SSD). Setting up a lawn sprinkler on the masonry and letting it run for an hour or so is usually a very good way to ensure the wall is thoroughly wet. Simply misting the wall with a hand sprayer or Hudson sprayer is NOT sufficient. B. Lime mortar is a very dry mix, so you want to keep the walls from absorbing what little water is in the mix. If your walls are not thoroughly pre-wetted your mortar will fail, and/or the color will shift. C. Protect the walls from high winds, direct sunlight and/or heat by tenting the area with dampened burlap attached at the wall on the top and draped over the scaffold. 3.03 MORTAR FOR SETTING NEW MASONRY A. Curing process: Material to be protected from drying wind, frost, direct sun, and rain for a minimum of 7 days. The use of wet burlap, plastic and fine misting may be necessary in conditions that are required. Freezing conditions will require special care to be taken to avoid freezing the mortar. B. Mortar can be mixed by hand or in a modern mortar mixer. Mix the dry materials for 2 minutes, add some water and mix for 5 minutes. Let mortar stand for 30 minutes then re-mix for another three minutes to required consistency. C. USE A TIMER: Add water slowly as the mixer is running to help control the amount added. It is very easy to add too much water. 15 The final consistency of the mortar should be that of brown sugar. To test for proper consistency, you can do either of the following: D. Test 1: Grab a handful of mixed mortar and form it into a ball. Toss the ball into the air and let it land in your palm several times. The ball of mortar should just barely hold together without breaking apart, but it should not leave very much (if any) residue on your skin. E. Test 2: Take a handful of mixed mortar and squeeze it in your palm. If the mortar readily oozes between your fingers you have mixed with too much water. If the mortar just starts to push between your fingers, you have a good workable consistency. F. Dry lime mixes are good for the integrity of the mortar. The drier the mix the less mortar smears you will get on the building during the pointing process. Most lime mortar pointing projects can be completed with little or no washing afterwards which saves the contractor significant time and money and extends the life of the job by not having the fine aggregates removed by washing. G. Apply the mortar in 1/4” lifts, waiting until the previous lift is thumb print hard before applying the next lift. H. Tool mortar joints when the installed mortar is thumbprint hard. Proper timing of the tooling is important to achieve uniformity in appearance. If the mortar is tooled while it is too soft, its final color can often appear lighter than expected, and hairline cracks may occur. If mortar is tooled after becoming too hard, there may be dark streaks called "tool burning" and good closure of the mortar against the masonry units will not be achieved. There are a variety of pointing styles that you can choose from, but we always recommend tooling in the same style as the original. Based on our observations, you may want to consider using a beaded joint profile to mimic the original joints found on the rest of the façade. The common brick joints should be struck with a reverse weather strike. The surface of the brick repointing mortar can be stippled with a short bristle chip brush to further enhance the weathered appearance of the new mortar. Custom pointing tools may be required depending on the final profile you select. Never allow your mason to brush freshly laid mortar joints as this destroys the aesthetics of the mortar and smears mortar across the brick. I. In some cases, it may be necessary to remove fresh mortar smears from newly pointed work. The most effective period to clean new mortar smears is between 14-28 days after the masonry has been installed. Thoroughly saturate the section of wall you wish to clean with water and, working from the bottom upward spray or scrub onto the wet wall Prosoco Vanatrol mixed at one-part chemical to 8-10 parts water. Vanatrol is a mild hydrofluoric acid, so it is necessary to wear proper protection, use acid resistant tools and protect plants, windows, metal, and anything else you do not want the acid to destroy. J. Allow the Vanatrol to dwell on the surface for 10 seconds and scrub mortar smears with a stiff acid resistant brush. Heavy buildup of excess mortar can be removed by scraping it with a wooden scraper or brick similar in color to the units the house is constructed with. Never use a metal scraper as the acid will react with the metal and may embed permanent metallic stains into the masonry. 16 K. It is important not to let the cleaner dry into the masonry as this may leave a residue and cause permanent staining. To avoid streaking, keep adjacent and lower wall surfaces wet and rinsed free of cleaning residues. Avoid more than one reapplication over the same area as repeated applications may cause a white detergent film to be deposited on the masonry surface. L. Rinse the masonry thoroughly by hand or with a power washer on a low setting with a fan tip using fresh water to remove all cleaning chemicals, free sand, loose material, and debris. Rinse from the bottom of the work area to the top. Thorough rinsing is extremely important to ensure that all residues are removed from the porous masonry. 3.04 CLEAN-UP A. At the completion of masonry work, remove all equipment and supplies used for mixing mortar. B. Clean up all debris, refuse, and surplus materials, remove them from the site, and properly and legally dispose, off site, of all such materials. END OF SECTION 17 SECTION 00302 BRICK MASONRY PART 1 - GENERAL 1.01 SECTION INCLUDES A. Furnish all labor, materials, tools, and equipment and perform all Work necessary for and incidental to brick masonry repairs as specified herein, and in accordance with the provisions of the Contract requirements. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Section 00301 – Mortar B. Section 00401 – Sealants C. Section 00402 – Exterior Painting 1.03 REFERENCES A. All masonry work shall be performed in accordance with the ACI 530.1-95/ASCE 6- 95/TMS 602-95, “Specifications for Masonry Structures.” 1.04 QUALITY ASSURANCE A. Contractor: Must have experience in construction and supervision of brick masonry repair and restoration work. B. Bricklayer/Tuckpointer Qualifications: Must have a minimum of two (2) years’ experience in brick masonry restoration work, except for apprentices, which must be fully supervised by an experienced bricklayer/tuckpointer. C. Testing of New Brick Units: Upon request by the Owner, the Contractor shall engage a qualified independent testing laboratory to perform specified tests of brick units in accordance with ASTM C 67. The Owner will pay costs for such tests. Test reports for units manufactured within the previous six months will be accepted in lieu of performing new tests. 1.05 SUBMITTALS A. Manufacturer’s printed literature includes instructions for handling, storing, and use, as well as “spec data” sheets for all materials specified for this specification section. B. Test Reports: Test reports from an independent testing laboratory for all face brick units to be incorporated into the Work, showing: 1. Compressive strength 2. 24-hour cold-water absorption 3. 5-hour boil absorption 18 4. Saturation coefficient 5. Initial rate of absorption (suction) C. Certifications: Prior to delivery of materials to the project site, submit to the Architect certificates attesting to compliance with the applicable specifications referenced herein. D. Samples: 1. Not less than five (5) brick units, showing variations in color and texture. 2. Three (3) Dur-O-Wall repair anchors. 3. Three (3) masonry wall ties. 4. Three (3) of each type of fastener and anchor to be used. 5. Three (3) 6-inch lengths of membrane flashing. 6. Three (3) 6-inch lengths of stainless-steel drip edge. 7. Three (3) 6-inch lengths of stainless-steel termination bar. E. Material Safety Data Sheets: Maintain a copy of MSDS at the project site for all materials and products for which such information is required. 1.06 DELIVERY, STORAGE, AND HANDLING A. Materials shall be stored in such a manner as to prevent damage or place undue stress on the existing structure or the roofing systems of the building. B. All materials received at the site shall arrive in unopened packaging and shall be unloaded with care and handled to avoid any damage or contamination of the materials. C. All materials shall be stored, covered and protected from the weather in strict compliance with the manufacturer’s recommendations. D. The Owner’s Agent shall approve the locations for storage. E. Brick units, accessories, and other packaged materials shall be stored above ground on wood pallets or other platforms. F. All damaged, contaminated, or otherwise unsuitable materials shall be removed from the project site. 1.07 TRIAL REPAIRS A. Provide a sample of the brick masonry repair work installed in a trial repair area at a location mutually agreed upon with the Architect and Owner’s Agent. Upon approval, the quality of the Work used in the trial repair area shall be established as the standard for the project. The trial repair shall consist of the following: 1. A sample of brick masonry crack repair, two feet in length. 2. A sample of grinding and pointing brick masonry joints, 4 ft. x 4 ft. area. 3. A sample of lintel angle removal and replacement, including flashing with end dam. 4. A sample of removal and reconstruction of distressed brick masonry. 5. A sample installation of two repair anchors. 19 B. Provide samples of new pointing mortar installed in mock-up locations in accordance with Section 00301 for the purpose of selecting the finished appearance of mortar. Samples are to be minimum 4 ft. x 4 ft. in area. 1.08 TEMPERATURE REQUIREMENTS A. When the temperature of surrounding air is, or is anticipated to be, 40 degrees F and falling, or 90 degrees F and rising within 24 hours of Work, take precautions to protect masonry materials and installed masonry work. Comply with BIA Technical Note 1, “All- Weather Construction.” A copy of this document is available from the Architect. 1.09 PROTECTION A. Work Areas: 1. The Contractor shall cover, or otherwise protect from the weather, all partially completed areas of Work at the end of each working day or shutdown, or when work is not in progress. 2. Extend cover a minimum of 24 inches beyond each side of openings in walls. 3. Cover shall be securely fastened in place. 4. New mortar shall be prevented from staining existing and new materials adjacent to work areas. B. Existing Areas: 1. Erect temporary protection as necessary to prevent the spread of dust into the interior, and to protect the interior from the weather. 2. Protect all windows, landscaping, and sidewalks below from droppings of mortar. 3. Immediately remove mortar in contact with windows and with the face of adjacent masonry. 1.10 UNANTICIPATED CONDITIONS A. Where conditions are uncovered that are not anticipated by the Drawings and Specifications, the Contractor shall notify the Architect immediately before any repairs are initiated. The Architect will review the condition and make a determination on how to properly proceed with the Work. PART 2 - PRODUCTS 2.01 MASONRY UNITS (Note: Brick color, texture, and shape to be selected and approved by Owner. A. Face Brick: ASTM C 216, Grade SW, Type FBS, and as follows: 1. For the North and Courtyard Elevations, size, texture, and color of face brick shall match existing bricks. The process of selecting an appropriate replacement brick unit may require several submittals by the Contractor. 2. Hebron Prairie Common Brick shall be used for rebuilding large areas within common brick walls, including the West Elevation and parapet rebuilding. 3. If sufficient quantities of face brick cannot be salvaged, use new face brick for repairs at other locations. 20 4. The Contractor shall provide uncored brick for corners, jambs, sills, and special shapes where required. 5. Corner and jamb units shall have finished faces on the two adjacent sides of the units. 6. Header brick units shall have a finished face on one end. 7. Minimum compressive strength shall be 2,500 psi. 8. Do not exceed variations in color and texture of samples accepted by Owner and Architect. 9. Efflorescence: Provide brick that has been tested according to ASTM C 67 and is rated "not effloresced." B. Salvaged Brick: 1. Salvaged brick shall be sound and cleaned free of mortar and dirt. No chips larger than the size of a nickel will be permitted. The Contractor and Architect shall review salvaged brick units at the start of the project to establish acceptable criteria for acceptance of salvaged units. Following the establishment of those criteria, the Architect reserves the right to reject chipped brick units. a. Salvaged FACE brick units are to be used on the building walls for localized small areas of brick replacement. b. Salvaged COMMON brick units are to be used on the building walls for localized areas of brick replacement other than the west elevation or parapet rebuilding. 2.02 ACCESSORIES A. Structural Steel Lintel Angles: 1. ASTM A 36 angles sized as necessary to be properly installed to support code- required loads for existing window opening size and conditions. Minimum size for lintel angle shall be 4in. X 4in. X 5/16 in. Minimum bearing at each end of new loose-laid lintels shall be 6 inches. Spacing for anchors is to be determined by structural evaluation for each specific condition. Max. anchor spacing to be 24 inches o.c. and 6 inches from any end. 2. All lintel angles are to be shop fabricated prior to hot-dipped galvanizing. 3. Structural steel shall be hot-dipped galvanized in accordance with ASTM A 123. 4. Clean exposed portions of lintel angles with “Oakite, #747” phosphate wash prior to painting. 5. Paint exposed portions in accordance with Section 00402. B. Masonry Wall Ties: Adjustable Triangular Type, Series No. 5801445, stainless steel, with 3/16-inch diameter pintle, and 5-1/2-inch anchor, as manufactured by Dur-O-Wall, Inc. or approval equal. C. Masonry Repair Anchors: Series No. 5005 Repair Anchor manufactured by Dur-O- Wall, Inc. D. Lintel Angle Anchors into Masonry Back-up: Type 304 stainless steel masonry sleeve anchor, manufactured by Hilti Corporation, or equal, 5/8-inch diameter, min. 4 in. embedment. 21 E. Anchors and Fasteners (General): Shall conform to ASTM A 276, Type 304, stainless steel, unless otherwise noted. F. Painting Steel: See Section 00402 G. Flashing: 40 mil, self-adhesive, cold-applied sheet, “Perm-A-Barrier” wall flashing. Lab and seam edge sealer is to be “Bituthene Mastic.” Substrate surface conditioner, if necessary, shall be “Perm-A-Barrier Surface conditioner.” All products are manufactured by W.R. Grace and Company. H. Flashing Termination Bar: Minimum 16 ga. by 1 inch in width, 300 series stainless steel bar, with pre-punched, or pre-drilled holes for fasteners at 12 inches on center. Alternative products may be submitted for review by the Architect. I. Fasteners for Termination Bar: 3/16-inch diameter by 1-1/2-inch-long min., 300 series stainless steel “Metal Hit Anchor” manufactured by Hilti Corporation. Alternative products may be submitted for review by the Architect. J. Flashing Drip Edge: Minimum 28-gauge, 300 series, stainless steel sheet. Fabricate to profile shown on Drawings, including 3/8-inch, hemmed drip edge. K. Expansion Joints: “AA3410 Joint-Tite”, by AA Wire Products Company, preformed neoprene joint filler, ASTM D 1056 compressible neoprene, of size and thickness necessary for specific joint application, but minimum of 3/8-inch thickness, or Architect approved equal. L. Weeps: 100 percent cotton cord, ¼ inch diameter, 12 inches long, min., inserted into clear plastic tube where exposed on exterior and where it penetrates sealant joints. M. Plastic shims: If used, shall be Korolath shim strips, thicknesses and sizes as required for proper installation of fasteners, or Architect approved equal. N. Exterior Sealant: See Section 00401, “Sealants.” O. Masonry Cleaner: “Enviro-Klean Mortar and Grout Remover,” as manufactured by ProSoCo, Inc. of Kansas City, Kansas. P. Water: Clean, potable, and free from deleterious amounts of acids, alkalis, or organic materials. PART 3 - EXECUTION 3.01 DEMOLITION A. Removal of Brick Masonry: At locations shown on the Drawings, or where directed by the Architect, remove existing distressed or deteriorated brick masonry. Also remove deteriorated or otherwise distressed back-up masonry. Insure that these operations will not damage or crack surrounding masonry that is intended to remain. All existing 22 sound bricks that are damaged shall be removed and replaced by the Contractor at his expense. B. At all locations where demolition is performed, inspect all brick units removed from the exterior walls. Salvage sound face brick units meeting the standards set at the start of the project for salvaged units. Clean all mortar from all brick surfaces. Store salvaged units at the Owner’s storage area. 3.02 GENERAL ERECTION REQUIREMENTS A. Bond Pattern: Bond pattern of new masonry work shall match existing masonry on the building. Where possible, install new true header brick units at locations where previous headers existed. B. Joining of Work: Where new masonry abuts existing masonry to remain, brick units shall be toothed in running bond areas, and shall be installed in existing bond patterns at other areas to naturally blend with surrounding masonry. C. Cutting Brick Units: Where necessary to cut brick units, do so with a motor-driven saw. Do not break brick units with hand tools. D. Mortar Joint Thickness: Lay all brick masonry with joint thicknesses to match existing. 3.03 ERECTION OF MASONRY A. Wetting Brick Units: If brick suction exceeds 30 grams/minute/30 sq. in., one (1) day before brick units are to be used, place a hose on pile of bricks until water wets all brick units and runs from pile. In extremely warm weather, place hose on pile several hours before bricks are to be used. B. Installation: 1. Lay masonry as plumb and true to line as adjacent surfaces will permit. 2. Lay with completely filled head and bed mortar joints. a. Do not furrow bed joints. b. Butter ends of brick with sufficient mortar to completely fill head joints. 3. Do not pound corners and ends to fit stretcher units after they are set in position. Where an adjustment must be made after brick has been placed, remove and replace mortar. C. Back-Up Walls: 1. All voids in back-up masonry that are exposed during the repair work shall be filled solid with mortar. At locations where back-up masonry is intended to remain, but is distressed and requires significant repair or reconstruction, notify the Architect for direction prior to proceeding. 2. Notify the Architect of all spalls in the concrete structure that are exposed during the demolition work. Repair of concrete spalls will be performed at the direction of the Architect, with approval from the Owner’s Agent. 23 D. Anchor new exterior masonry wythe to existing back-up with true header brick units installed in pattern to match original masonry. E. Where it is not possible to install true headers, install adjustable masonry wall ties: 1. Maximum tie spacing: a. Vertically: 16 inches on center b. Horizontally: 16 inches on center 2. No wall tie is required in a replacement area less than two square feet in area. 3. Locate pintles of ties in the middle of the horizontal mortar joints of the face brick masonry. End of pintles shall be 1 inch short from the face of the masonry. F. Tooling of Exterior Joints: 1. Tool joints to a concave profile. 2. Tool joints with a round jointer, slightly larger than the width of the joint. 3. Tool after mortar is “thumbprint” hard. G. Remove excess mortar from exterior wall surfaces as the work progresses. 3.04 TUCKPOINTING A. Remove existing mortar in joints to a depth of at least ¾ inch. Remove additional mortar to greater depth, if it is found to be unsound or deteriorated. Remove all traces of mortar on brick surfaces within the joint interface to be tuckpointed, including head joints. Remove all loose material and dust. Care shall be taken during cutting not to damage the brick. Surfaces of brick to receive new mortar must be free of all mortar and dust. B. Thoroughly rinse mortar joints with water to completely remove all loose material and dust. C. Wet the mortar joints thoroughly before applying fresh mortar. Allow water to soak in until there is no free-standing water, and masonry is in a saturated surface dry condition. Pack mortar tightly in thin layers, allowing each layer to become “thumbprint” hard before packing the next layer. Continue to pack in layers until the joint is filled. D. Tool the surface to a concave profile using a metal striking tool. E. Remove excess mortar from exterior wall surfaces as the work progresses. 3.05 SEALANT INSTALLATION A. Refer to Section 00401. 3.06 CLEANING OF MASONRY WORK A. Perform punch list repairs prior to cleaning masonry work. B. For masonry wall areas where repairs are made only at selected areas: 1. Remove excess mortar as the work proceeds. 24 2. Thoroughly rinse the exterior walls with a low-pressure (maximum pressure of 50 psi) water rinse. Use a soft-fibered masonry washing brush or wooden paddle as necessary. 3. If this cleaning process does not result in a satisfactory visual appearance due to excessive mortar on the brickwork, clean using specified product in accordance with the manufacturer’s instructions. C. At the Contractor’s option, information on alternate methods of cleaning masonry may be submitted to the Architect for review. 3.07 CLEAN-UP A. At the completion of masonry work, remove all scaffolding, tools, equipment, and unused materials from the project site. B. Clean up all debris, refuse, and surplus materials, remove them from the site, and properly and legally dispose, off site, of all such materials. END OF SECTION 25 SECTION 79000 SEALANTS PART 1 - GENERAL 1.01 SECTION INCLUDES A. Furnish all labor, materials, tools and equipment and perform all work necessary and incidental to providing and installing terra cotta as specified herein. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Section 00301 – Mortar B. Section 00302 – Brick Masonry C. Section 099723 – Painting 1.03 QUALITY ASSURANCE A. Sealant Manufacturer: Sealant manufacturer’s representative shall visit the building to become familiar with the project. The sealant manufacturer’s representative shall also review all proposed sealant profiles and approve of the use of their sealant for these applications. The sealant manufacturer shall perform necessary tests to verify compatibility of sealant with all materials that will come into contact with the sealant. The Contractor shall consult with the representative of the sealant manufacturer. B. Contractor: Must have a minimum of five (5) years’ experience in construction and supervision of masonry repair and restoration work. C. Except as modified by the drawings and specifications, all sealant work shall be in accordance with ASTM C-1193 and sealant manufacturer’s recommendations and guidelines. D. Pre-construction field adhesion testing: 1. At site prior to general installation, conduct field adhesion tests of joint sealants to actual joint substrates using proposed joint preparation methods. 2. Conduct tests for each type of sealant and substrate. 3. Locating field-test joints where inconspicuous or as approved by Architect. 4. Include new areas and areas typical of those requiring removal of existing sealants. 5. Test method: Use manufacturer's standard field adhesion test methods and methods proposed for joint preparation to verify proper priming and joint preparation techniques required to obtain optimum adhesion of joint sealants to joint substrate. 6. Evaluate and report results of field adhesion testing. 7. Joints installed during pre-construction field adhesion testing that are accepted shall be retained as standard of acceptability and incorporated into Work. 26 1.04 SUBMITTALS A. Submit three samples of each of the following items intended for use on the project: 1. Sealants: Color samples of cured sealant for selection of color by the Owner and Architect. 2. Backer Rod: One (1) foot section of each different type of backer rod to be used on the project. 3. Bond Breaker Tape: One full or partial roll of bond breaker to be used on the project. B. Manufacturer’s printed literature including installation instructions, recommendations, and guidelines for: 1. Sealant 2. Backer Rod 3. Bond Breaker Tape C. Sealant manufacturer shall submit a written statement regarding his visit to the building, review of the project, and applicability of the sealant for this project. D. Sealant compatibility and adhesion test reports shall be submitted by the sealant manufacturer indicating that all substrates which come into contact with, or are in close proximity to, the sealants have been tested for compatibility and adhesion with the sealant. 1.05 DELIVERY, STORAGE, AND HANDLING A. All materials received at the site shall arrive in unopened packaging and shall be unloaded with care and handled to avoid any damage or contamination of the materials. B. All materials shall be stored, covered, and protected from the weather in strict compliance with the sealant manufacturer’s recommendations. The locations for storage shall be approved by the Owner. PART 2 - PRODUCTS 2.01 MATERIALS A. Sealant material for sealing of masonry-to-metal, terra cotta-to-metal, metal-to-metal, and metal-to-glass joints shall be one part neutral-cure, silicone sealant in accordance with ASTM C920 Type S, Grade NS, Class 50, such as Dow Corning 795 or approved equal. Color to be selected by Owner from manufacturer’s standard colors. Different colors may be selected for different joint applications. B. Sealant material for sealing of masonry-to-masonry joints shall be a one-part silyl- terminated polyether sealant such as Sonolastic 150 as manufactured by BASF; or approved equal. Color to be selected by Owner from manufacturer’s standard colors. Different colors may be selected for different joint applications. C. Backer rod shall be extruded, closed cell polyurethane foam or polyurethane jacketed polyurethane foam, non-bleeding, non-staining, oversized 30 to 50 percent, or as otherwise recommended by the sealant manufacturer. 27 D. Bond Breaker Tape: Recommended by the sealant manufacturer for the specific joint surface and conditions. E. Primers shall be used for all exterior sealants. Primer shall be as recommended by the manufacturer of the sealant for the specific joint surface and conditions. F. Joint Cleaner shall be as recommended by the manufacturer of the sealant for the specific joint surface and conditions; compatible with joint forming materials. G. Compatibility: Provide materials that are compatible with one another and with substrates under project conditions. H. Other Materials: Provide other materials not specifically described herein or shown on the drawings but required for the complete and proper execution of the work. PART 3 - EXECUTION 3.01 FIELD QUALIFICATION TEST A. Perform specified preparation and joint sealant work on representative samples for each different sealant material and joint. B. As a check for adhesion, at least one hand-pull test shall be conducted after the sealant sample is fully cured. This will be done at each type of sample joint. The adhesion test shall be performed by the Architect or sealant manufacturer’s representative. C. Verify with the sealant manufacturer the proper techniques for repair areas. Repair the sealant in the test areas by cleaning, priming, and applying new sealant. Assure that the bond between the new and test sealants is obtained. D. The Owner and Architect reserve the right to perform additional random field adhesion tests as the Work progresses. The Contractor will be required to repair all of the test locations at no cost to the Owner. 3.02 SUBSTRATE PREPARATION A. The sealant manufacturer shall have a qualified representative visit the site at the beginning of the sealant joint work, and periodically thereafter, as necessary to ensure the proper installation of the sealant materials. B. Examine all surfaces to receive new sealant. All surfaces must be clean, dry, sound, and free of frost. At all times, follow the manufacturer’s recommendations. Application or installation of materials constitutes acceptance of the substrate. C. Verify dimensions of sealant joints by field measuring all joint locations to receive new sealant to ensure that proper sealant joint profiles will be maintained. D. Remove all dirt, grease, debris, unsound substrate materials, and residues of existing sealants. E. Clean and prepare all sealant contact surfaces with sealant manufacturer’s approved solvent and cleaner. 28 3.03 SEALANT INSTALLATION A. Install all materials in accordance with ASTM C1193 and the sealant manufacturer’s printed instructions. Unless otherwise directed, conform with the following: 1. Sealant shall not be installed below an ambient or surface temperature of 40 degrees F. Do not apply sealant materials if precipitation appears imminent within 24 hours of installation. All sealants installed contrary to these requirements are subject to rejection by the Architect. 2. Mask or otherwise prevent sealant and/or required primers from staining existing adjacent construction. 3. Apply sealant primer to sealant substrate surfaces. 4. Install appropriate backer rod or bond breakers. 5. Place sealant in joints according to sealant manufacturer’s recommendations. 6. Confine new sealant materials to joint areas shown. 7. Compress sealant in joints, and tool to profile and width-to-depth ratios in accordance with the sealant manufacturer’s recommendations and with ASTM C 962, “Standard Guide for Use of Elastomeric Joint Sealants.” 8. For sealant applied at cracks in exposed flat surfaces, and at upward-facing joints, tool new sealant to a smooth, flat profile, flush with the surface of the substrate. 9. Clean excess sealant from adjacent surfaces immediately after application, using solvents or cleaners recommended by the sealant manufacturer. B. If a new tooled sealant joint becomes damaged or disfigured prior to sealant being fully cured, the damaged sealant shall be repaired: 1. If damaged sealant has not skinned and can be properly re-tooled, re-tool the sealant to the proper joint configuration and concave profile. 2. If damaged sealant has skinned or cured, allow it to completely cure, and remove the damaged portion from the joint. Completely clean the joint substrate surfaces. Install new primer, backer rod or bond breaker tape, and sealant to the correct joint configuration and profile. 3. Cure sealants in accordance with the manufacturer’s written instructions to attain maximum durability and adhesion to substrate surfaces as soon as possible. 3.04 CLEAN-UP A. Completely remove excess sealant from all surfaces at completion of the Work. B. Clean up all debris, refuse, and surplus materials, remove them from the site, and properly and legally dispose, off site, of all such materials. END OF SECTION 29 SECTION 00402 PAINTING 1. GENERAL 1.1 WORK INCLUDES A. Paint materials B. Accessory materials 1.2 DESCRIPTION A. This work includes the painting and finishing of exterior surfaces throughout the Contract, including surface preparation, priming, and coats of paint specified. B. The work includes the field painting of bare and covered pipes and of hangers, exposed steel and iron work, and primed metal surfaces of equipment except as otherwise indicated. C. The work includes restoration of existing painted surfaces as indicated. D. Paint exposed surfaces whether or not colors are designated in any schedule, except where the natural finish of the material is specifically indicated as a surface not to be painted. Where surfaces are not specifically identified, paint such surfaces the same as adjacent similar surfaces. E. The paint systems specified indicate the basic painting systems. Deviations within the system, such as the use of two finish coats in lieu of undercoat and finish, will be permitted only where such procedure is recommended by the paint manufacturer and approved by the Owner. F. The work includes the removal and replacement of sealant backing and sealant at all expansion and control joints in concrete masonry surfaces. 1.3 DEFINITIONS A. The term “paint” as used herein means all coating systems materials, and includes primers, emulsions, enamels, stain, sealers and fillers, and other applied materials whether used as prime, intermediate, or finish coats. 1.4 WORK NOT INCLUDED IN THIS SECTION A. Nonferrous Metal Surfaces: Anodized aluminum, stainless steel, copper, and similar nonferrous metal materials will not require finish painting unless otherwise indicated or specified. 30 B. Operating Parts and Labels: 1. Moving parts of operating units, mechanical and electrical parts, such as valve and damper operators, linkages, sensing devices, motor and fan shafts, and expansion joints, will not require finish painting unless otherwise indicated. 2. Do not paint over code-required labels, such as UL, FM and WH, or equipment identification, performance rating, name, or nomenclature plates. C. Miscellaneous Surfaces: Rubber and elastomeric sealants, cementitious fireproofing, and machined surfaces of metal hardware and related fittings will not require finish painting. 1.5 MEASUREMENT AND PAYMENT A. General 1. Paint and related work will not be measured separately for payment but will be paid for as part of the contract lump sum price for the work. See Proposal Form for more information. 1.6 REFERENCES A. American National Standards Institute (ANSI): 1. ANSI A13.1 Scheme for the Identification of Piping Systems B. Painting and Decorating Contractors of America (PDCA): 1. “Painting and Decorating Craftsman’s Manual and Textbook” C. Steel Structures Painting Council (SSPC): 1. Steel Structures Painting Manual, Volume 2, “Systems and Specifications” 1.7 QUALITY ASSURANCE A. Regulatory Requirements: Paint products and solvents shall comply with the latest regulations of governing authorities regarding permissible content of volatile organic compounds (VOC). B. Quality Standards: 1. Paints, enamels, stains, lacquers, and varnishes shall be applied in accordance with the manufacturers’ latest specifications, instructions, and recommendations. C. Paint Coordination: 31 1. Provide finish coats that are fully compatible with the prime paints used. Field-applied primers shall be supplied by the same manufacturer as the intermediate (if any) and finish coats used. Review prime paints to ensure compatibility of the coating system for each of the various substrates. Provide barrier coats over incompatible primers or remove and re-prime as required. D. Paint Manufacturer’s Review: 1. Before purchasing paint materials, review the proposed paint systems, materials, and substrates with qualified representatives of the proposed paint products manufacturer. Obtain manufacturer’s concurrence of the proposed paint systems, or any recommended changes thereto, before providing product data, samples, and mock- ups specified in Articles 1.8 AND 1.9 herein. 1.8 SUBMITTALS A. Manufacturers’ Review: Submit record of paint manufacturer’s review as specified. B. Product Data: 1. Submit a complete list of all materials proposed for use, together with manufacturers’ product specifications for such products including backer rod and sealants. 2. No claim by the Contractor concerning the unsuitability of any material specified, or the Contractor’s inability to produce first class work with such materials, will be considered. C. Colors and Samples: (Owner to approve “ALL” Paint Colors) 1. Colors: The Owner will prepare a Color Schedule with samples for guidance of the painter, and reserves the right to select, allocate, and vary colors on different surfaces throughout the project, subject to the limitation that not more than 15 percent of bright or deep colors will be selected. 2. Samples: a. Before beginning work, prepare for approval a sample of each color, texture and finish required. Such samples, when approved, shall constitute standards for color, texture, and finish of completed work. b. Make samples 8 by 10 inches in size and upon materials corresponding with those to be finished on the project. c. When samples are rejected, a maximum of two additional modified samples may be required, in each instance, to obtain approval. d. Approved samples shall be marked for identification and shall be distributed to the Owner as required. e. Mock-up for approval of final colors shall match the approved colors and samples. f. Samples for color and mock-up for sealant backing and sealant will be required for Owner approval. 32 1.9 MOCK-UP FOR APPROVAL OF FINAL COLORS A. Final coat of paint and finish shall not be applied until the colors and textures have been approved by the Owner. To accomplish this, the Contractor shall paint a sample panel of approximately 24 square feet of the colors and textures selected on every surface of the building to be painted. The Owner will approve the sample panels or direct changes as desired. B. The Contractor shall be on the job and be prepared to change sample panels to colors and textures desired. The Contractor shall notify the Owner at least three days in advance of when sample panels will be ready to receive approval. 1.10 DELIVERY AND STORAGE A. Deliver paint materials to the site in original, unopened packages and containers with labels intact and seals unbroken. B. Store materials, tools, and equipment in a locked, properly ventilated, designated storage space on the site, assigned for this purpose. Receiving, opening, and mixing of paint materials shall be performed in this storage space. Keep storage space neat, clean, and accessible at all times. Protect areas from paint spillage. C. Place paint-soaked or solvent-soaked rags, waste, and other materials that might constitute a fire hazard in closable metal containers and remove from the premises at the close of each day’s work. Take all necessary precautions to avoid fire danger. 1.11 WEATHER AND TEMPERATURE A. Surfaces shall be painted only when they are free from moisture. No painting on exterior surfaces shall be performed less than 72 hours of actual drying weather after a rain, or during periods of dew or fog. Receiving surfaces shall be properly dried out before proceeding with the work. B. No painting shall be performed when temperature is below 40 degrees F and above 90 degrees F or when the relative humidity is above 90 percent, unless recommended otherwise in writing by the paint manufacturer. 1.12 SCAFFOLDING AND PROTECTION A. Furnish, maintain, and remove all scaffolding, ladders, and planks required for this work, and all drop Cloths for the protection of concrete walks, floors, adjacent surfaces, prefinished materials, building fixtures, and similar surfaces. 33 B. Painted and finished surfaces subject to damage or defacement due to other work in the station or building shall be properly protected and covered. The Contractor shall be responsible for damage to painted work and for that other work caused by painting operations under this Section until final acceptance by the Owner. 1. PRODUCTS 2.1 PAINT QUALITY STANDARDS A. Paint and painter’s finish shall be the highest quality products of nationally recognized manufacturers specializing in the manufacture of paint products. Minimum percentage solids (MPS) required for the paint products herein specified shall be as indicated in the following example: MPS:35. B. Provide primer and undercoated paints produced by the same manufacturer as the intermediate and finish coats. Use thinners approved by the paint manufacturer which meet previously referenced regulatory requirements and provide only to recommended limits. C. Provide primers and under coaters which are suitable for each surface to be painted and which are compatible with specified intermediate and finish paint coats. D. Materials necessary to complete the painting work are herein generically specified. Except as otherwise specified, materials for any one paint system shall be by the same manufacturer. E. Minimum dry film thicknesses (MDFT), in mils, and the number of coats required to obtain such thicknesses shall be in accordance with the paint manufacturer’s application instructions and recommendations. 2.2 PAINT MATERIALS A. Type and Manufacture: The following products constitute the standards for the primers, intermediate, and finish coats of the paint systems herein specified in Articles 3.4 and 3.5. 1. Ferrous Metal Primer: Alkyd, Anti-Corrosive for Metal 2. Galvanized Metal Primer: As recommended in writing by topcoat manufacturer. 3. Masonry Surface Conditioner: Acrylic latex masonry filler. MPS:35. 4. Exterior Masonry Paint: Exterior 100 percent acrylic latex masonry paint. MPS:35. 34 5. Exterior Wood Primer: Exterior wood primer as recommended by the manufacturer for the location and conditions. MPS:40. 6. Exterior House and trim Paint: Exterior enameled house and trim paint for wood and metal, MPS: 40. 7. Enamel undercoat: Alkyd or acrylic latex enamel undercoat. MPS: 35. 8. Semi-Gloss Enamel: Alkyd or acrylic latex enamel, semi-gloss sheen, washable. MPS: 35. 9. Eggshell Enamel: Alkyd or acrylic latex enamel, eggshell, washable. MPS:35. 10. Heavy-Duty Glass Enamel: Heavy-duty, industrial grade, polyurethane, gloss sheen. MPS:45. B. Accessory Materials: 1. Shellac: ASTM D207, Type I, bleached, No. 4, cut with pure grain alcohol. 2. Thinner: As recommended by the manufacturer for the respective product. 3. Spackle or Putty: Standard commercial product manufactured for the purpose, thoroughly mixed to prevent the possibility of shrinkage. Use exterior grade for exterior Work. Spackles or putty containing white lead will not be permitted for use on this Project. 4. Sealant Backing: Compatible with substrate and sealant to meet ASTM 1330. 5. Sealant: Silicone-type, non-staining, non-sag compatible with substrate to meet ASTM 920. 2. EXECUTION 3.1 PREPARATION OF SURFACES A. Existing Painted Surfaces to be Painted: 1. Concrete, Masonry, and Stucco Surfaces: a. Exterior concrete, masonry, and stucco surfaces shall be sandblasted by the “wet” sandblast method to remove all existing paint film from these surfaces. 1) When “wet” sandblasting is not permitted by jurisdictional authority, surfaces shall be selectively power wire-brushed to remove loose and defective paint film. Edges of removed paint film shall be feathered out to conceal such edges in the finished work. b. Surfaces not to be sandblasted shall be properly masked and otherwise protected to preclude damage to these surfaces. c. Protection of the public and adjacent buildings from the residue of sandblasting operations shall be provided in accordance with the requirements of the jurisdictional authority. 35 2. Wood Surfaces: All wood surfaces shall be power sanded as required to remove all peeling, flaking, blistering, loose, or otherwise defective existing paint surfaces. 3. Metal Surfaces: Immediately preceding power-tool cleaning, pressure wash and rinse existing painted metal surfaces. Where access problems or the likelihood of damaging adjacent surfaces exist, wash and rinse. Existing painted metal surfaces shall be power-tool cleaned in accordance with SSPC-SP 3 to remove loose and defective paint surfaces, and then feathered smooth. Rust shall be completely removed. Then solvent clean surfaces in accordance with SSPC-SP 1 to remove dust and apply prime coat of Ferrous Metal Primer or Galvanized Metal Primer, as applicable, to existing surfaces as herein specified in Articles 3.4 and 3.5. B. Hardware and Fixtures: 1. Hardware, hardware accessories, plates, lighting fixtures, and similar items in place shall be removed prior to painting and replaced upon completion of each space. 2. Heating and other equipment adjacent to walls shall be disconnected, using workers skilled in appropriate trades, and moved to permit wall surfaces to be painted. Following completion of painting, they shall be expertly replaced and reconnected. C. Exposed Plumbing, Mechanical, and Electrical Items: 1. Items without factory finish such as conduits, pipes, ducts, grilles, registers, vents, access panels, and items of similar nature shall be finished to match adjacent wall and ceiling surfaces, unless otherwise directed. Paint visible surfaces behind vents, registers, and grilles flat black. 2. Wash exposed metal with solvent, prime and paint as scheduled or specified. Spray paint wherever practicable. Do not paint concealed conduits, piping, and ducts. 3.2 PAINT PERFORMANCE AND FIELD QUALITY ASSURANCE A. Painting shall be performed by skilled and experienced painters, working under the supervision of a capable Supervisor. Materials shall be thinned only for proper workability and in compliance with the manufacturer’s specifications. B. Paint material shall be evenly brushed or smoothly flowed on without runs or sagging, and free from drops, ridges, laps, and brush marks. Assure that all coats are thoroughly dry before applying succeeding coats. Sand surfaces between coats as necessary to produce a smooth finish and as may be required for adhesion of succeeding coats. 36 3.3 PAINT SYSTEMS A. Provide three-coat work (unless otherwise specified), consisting of prime coat, intermediate coat, and finish Coat, in texture and color as selected and approved by the Owner. B. Exterior paint systems are specified and identified herein by letter and the systems specified correspond to the finishes indicated on the Owner’s Schedule and Drawings. C. The herein specified paint systems indicate the minimum dry mil film thickness (MDFT) required for the particular paint system. Paint shall be applied at the manufacturer’s recommended rate to achieve the proper MDFT specified. If a manufacturer normally does not utilize an intermediate coat in its paint system to achieve the specified MDFT, then the intermediate coat may be omitted. 3.4 EXTERIOR PAINTING A. Paint System “A” – Paint Finish on Concrete, Masonry, and Stucco: Prime Coat: Masonry Surface Conditioner, tinted toward finish color Intermediate Coat: Exterior Masonry Paint Finish Coat: Exterior Masonry Paint MDFT: 6 B. Paint System “B” – Paint Finish on Ferrous and Galvanized Metal: Prime Coat: For new ferrous metal: Field-apply Ferrous Metal Primer. For shop primed ferrous Metal: Apply touchup primer. For galvanized metal: Galvanized Metal Primer touch-up. For existing ferrous and galvanized metal: Rust-inhibitive primer as recommended by manufacturer of finish coats. Intermediate Coat: Heavy-Duty Gloss Enamel Finish Coat: Heavy-Duty Gloss Enamel MDFT: 6 C. Paint System “C” – Paint Finish on Wood: Prime Coat: Factory-primed (new surfaces). Exterior Wood Primer (existing surfaces). Intermediate Coat: Exterior House and Trim Paint Finish Coat: Exterior House and Trim Paint MDFT: 7 3.5 CLEANING A. Clean and retouch the work as necessary for a first-class application. All surfaces of the station or building and surrounding areas shall be left clean and neat in all respects, free from any paint spots, smears, smudges, or stain. - END OF SECTION - 37 SECTION 00501 CLEANING PART 1 - GENERAL 1.1 DESCRIPTION A. During construction, coordinate all other Contractors and Subcontractors to maintain premises and public properties free from accumulations of waste, debris, and rubbish caused by operations. B. Work areas are to be broom swept at the close of each workday. B. At completion of Work, remove waste materials, rubbish, tools, equipment, machinery, and surplus materials; and clean all sight-exposed surfaces. 1.2 RELATED SECTIONS A. Specified elsewhere: 1. Section 00100 - Summary of Work. 1.3 SAFETY REQUIREMENTS A. Maintain safety requirements for the Project in accordance with all applicable provisions of the General Conditions, Supplementary Conditions, and Division 1 of the Specifications. B. Hazards control: 1. Store volatile waste in covered metal containers and remove it from the premises daily. 2. Prevent accumulation of waste, which creates hazardous conditions. 3. Provide adequate ventilation when using volatile or noxious substances. C. Conduct cleaning and disposal operations to comply with local ordinances and anti-pollution laws: 1. Do not dispose of volatile wastes such as mineral spirits, oil, or paint thinner in storm or sanitary drainage system. 2. Do not dispose of waste into streams or waterways. PART 2 - PRODUCTS 2.1 MATERIALS A. To clean the surface of any material, use only the cleaning agent recommended by the material manufacturer appropriate for the surface to be cleaned. 38 PART 3 - EXECUTION 3.1 DURING CONSTRUCTION A. Execute cleaning on a daily basis, to ensure that building, grounds, and public properties are broom swept and maintained free from accumulations of waste materials debris, and rubbish. B. Coordinate and require that all Contractors and Subcontractors conform to their part of cleaning work on a daily basis. Do not stockpile debris from demolition unless stored in a dumpster or other container. C. Each Contractor and Subcontractor shall be responsible for providing their own on-site dump containers for collection of waste materials, debris, rubbish. D. Wet down dry materials and rubbish to prevent blowing dust. E. Waste materials, debris, and rubbish removed from site shall be legally disposed of at public or private dumping areas off Owner's property. F. Handle materials in a controlled manner with as few handlings as possible; do not drop or throw materials from heights. G. Schedule cleaning operations so that dust and other contaminants resulting from the cleaning process will not fall on wet, newly painted surfaces. 3.2 FINAL CLEANING A. Employ experienced workmen, for final cleaning. B. Throughout the life of the Project, clean all common spaces and roofs that have been soiled by the construction work. This cleaning work shall be done to the satisfaction of the Owner or Building Engineer. C. In preparation for substantial completion, conduct final inspection of exposed interior surfaces. D. Remove grease, dust, dirt, stains and other foreign materials from exposed interior surfaces. E. Enforce and require that all Contractors and Subcontractors clean their work before permanently leaving the Work. F. Owner will assume responsibility for cleaning as of the time designated on the Certificate of Substantial Completion for the Owner's acceptance of the Project or portion thereof. - END OF SECTION - 39 North Aerial View K West A South East Waterproofing Lintel Completed November 2022, 1st Floor. Section “A” Completed May 2019 (No Work) Section “K” Completed November 2018 (No Work) North 40 A K Waterproofing Lintel Completed November 2022, 1st Floor. Section “K” Completed November 2018 (No Work) Section “A” Completed May 2019 (No Work) A Section “A” Completed May 2019 (No Work) Photo 1. View of the north and west elevations. Photo 2. View of the north and east elevations. 41 Photo 3. View of the south and west elevations. III. Special Conditions 1. Contractor shall have five (5) years of experience which is comparable in type and scope to this project. 2. All work shall be done during the work hours as specified by the Public Works Director or his Designee. Any change in the work schedule must have prior written approval from the Village of Oak Brook. 3. The project will be done on consecutive workdays until completed, delays only to inclement weather or act of God. 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 the Village phone numbers where he/she can be reached after normal working hours. 6. The contractor shall post a Village of Oak Brook supplied sign- in a prominent and readily visible location- that provides 24-hour contact information. A Section “A” Completed May 2019 (No Work) 42 7. The contractor must submit with the proposal five (5) references, names and phone numbers of similar projects completed. 8. 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. 9. 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. 10. Before work is started, deliver to the job site sufficient material to complete the project. 11. If a dumpster is required, the location of the dumpster placement shall be mutually agreed upon between the Village and the contractor. 12. All ladders and scaffolding shall be maintained during the course of this project and shall be secured at the end of each workday. 13. 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. 14. At all times the work and storage areas shall be kept in a clean, orderly, and picked-up manner, to prevent debris from blowing. Clean adjoining streets and immediate vicinity at the end of each workday. 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. 15. 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. 15. Upon completion the Contractor shall supply a one-year warranty covering material and workmanship; contractor shall submit sample warranty with proposal. 43 C. General Terms and Conditions 1. PREPARATION AND SUBMISSION OF PROPOSALS: A. The proposal 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 Proposal and the Proposal Name - “Heritage Center Facade Restoration Project”. B. Proposers may attach separate sheets to the proposal for the purpose of explanation, exception, alternate proposal and to cover unit prices, if needed. C. Proposers may withdraw their proposal either personally or by written request at any time before the hour set for the proposal opening and may resubmit it. No proposal may be withdrawn or modified after the receipt of proposals due date except where the award of contract has been delayed for a period of more than ninety (90) days. D. In submitting this proposal, the proposer further declares that the only person or party interested in the proposal as principals are those named herein; and that the proposal is made without collusion with any other person, firm, or corporation. E. The proposer further declares that he has carefully examined this entire Proposal 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 proposal he waives all rights to plead a misunderstanding regarding same. F. The proposer further understands and agrees that if his proposal 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 Village, in the manner and at the time therein prescribed, and in accordance with the requirements therein set forth. G. The proposer 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. H. The proposer 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 proposal or contract as a specific item covered by a lump sum price, and which are not included under the proposal price for other items in the Contract, shall be performed as extra work. I. The proposer further agrees to execute all documents within this Proposal Package, for this work and present all of these documents to the Village. J. The proposer further agrees to execute all documents within this Proposal 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. 44 K. The proposer further agrees to begin work not later than ten (10) days after receipt of the Notice to Proceed from the Village, 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 proposal package, it being understood and agreed that the completion within the time limit is an essential part of the contract and time is of the essence. L. By submitting a proposal, the proposer understands and agrees that, if his proposal 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, including any indirect and consequential damages. M. No proposal 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. 2. SUBSTITUTIONS: Not Applicable. 3. CONDITIONS: A. The Village is exempt from Federal excise tax and the Illinois Retailer's Occupation Tax. This proposal cannot include any amounts of money for these taxes. The total amount proposal includes all applicable federal, state, and local taxes of every kind and nature applicable to the work as well as all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or similar benefits and all costs, royalties and fees arising from the use on, or the incorporation into, the work, of patented or copyrighted equipment, materials, supplies, tools, appliances, devices, processes, or inventions. All claim or right to claim additional compensation by reason of the payment of any such tax, contribution, premium, costs, royalties, or fees is hereby waived and released by Proposer. B. To be valid, the proposals shall be itemized so that selection for purchase may be made, there being included in the price of each unit the cost of delivery (FOB Destination). C. The Village shall reserve the right to add or to deduct from the base proposal and/or alternate proposal any item at the prices indicated in itemization of the proposal. D. All proposals shall be good for ninety (90) days from the date of the proposal opening. 4. WARRANTY: Proposer warrants that all work, equipment, labor, and materials furnished hereunder will conform in all respects to the terms of the Proposal Package, including all specifications and standards, and will be free of defects in materials and workmanship. The Proposer also warrants that the work shall be performed in accordance with the highest standards of professional practice, care, and diligence practiced by recognized firms in performing services of a similar nature in existence at the time of performance. The warranties 45 expressed shall be in addition to any other warranties expressed in this Proposal Package, or expressed or implied by law, which are hereby reserved unto the Village. 5. 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. The Proposer shall submit request for payment with the appropriate waivers for the work on or before the twenty-sixth (26) of the month, on an approved payment request form, for work performed and material and supplies purchased, delivered and suitably stored on the job site and/or built into the work through the twenty-fifth (25) of the month. Request for payment shall be based on a basic contract schedule of values approved by the Village. Request for payment for extra work and credits for deductions from the work shall be itemized and attached to the contract payment request as a sub-total amount due at the time of the payment requested and subjected to the terms of payment as provided herein. Notwithstanding any other provision of the Contract and without prejudice to any of the Village’s other rights or remedies, the Village shall have the right at any time or times, whether before or after approval of any pay request, to deduct and withhold from any progress or final payment that may be or become due under the Contract such amount as may reasonably appear necessary to compensate the Village for any actual or prospective loss due to: (1) work that is defective, damaged, flawed, unsuitable, nonconforming, or incomplete; (2) damage for which Proposer is liable under the Contract; (3) state or local sales, use, or excise taxes from which the Village is exempt; (4) liens or claims of lien regardless of merit; (5) claims of subcontractors, suppliers, or other persons regardless of merit; (6) delay in the progress or completion of the work; (7) inability of Proposer to complete the Work; (8) reasonable doubt that the Contract can be completed for the balance of the contract price then unpaid; (9) reasonable doubt that the balance of the contract price then unpaid is not adequate to cover actual or liquidated damages, if any; (10) failure of Proposer to properly complete or document any pay request; (11) any other failure of Proposer to perform any of its obligations under this Contract; or (12) the cost to the Village, including attorneys’ fees and administrative expenses, of correcting any of the aforesaid matters or exercising any one or more of the Village's remedies set forth in the Proposal Package. The Village shall be entitled to retain any and all amounts withheld pursuant to this Section until Proposer shall have either performed the obligation or obligations in question or furnished security for such performance satisfactory to the Village. The Village shall be entitled to apply any money withheld or any other money due to Proposer under the Contract to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, attorneys’ fees, and administrative expenses incurred, suffered, or sustained by the Proposer and chargeable to the Proposer under the Contract. The final payment constituting the unpaid balance of the cost of the work and the retention shall be paid by the Village within thirty (30) days after work shall have been completed and accepted by the Village’s Representative and the contract fully performed. Payments made pursuant to the provisions to this agreement shall not be considered as evidence of performance or acceptance of work either in whole or in part and the Village 46 specifically reserves any and all rights under the contract of this agreement which shall not be considered waived when payments are made. 6. LIQUIDATED DAMAGES: It is also understood and agreed that if the Village determines the Proposer failed to perform either by observing the established schedule or failing to perform to the level of service established herein for more than two (2) consecutive working days, the Village shall reserve the right to impose liquidated damages for said failure to perform, but not as penalty. The Village will serve notice either personally or in writing stating the reasons for imposing liquidated damages on the Proposer providing twenty-four (24) hour notice to correct such items. If at the end of the twenty-four (24) hour period the Proposer has not made the necessary corrections, the Proposer shall pay liquidated damages to the Village in the amount of $500 per day. This failure to perform shall include repeated incidents of any of the following: failure to perform any of the items under the scope of services, failure to respond to or resolve Village complaints, failure to adhere to any and all terms and conditions specified in the contact documents. The Village reserves the right to attempt to work through these items prior to imposing liquidated damages. 7. PERFORMANCE CLAUSE: In the event the quality of service becomes unacceptable, the Village reserves the right to cancel the contract after giving thirty (30) days written notice. 8. INDEMNIFICATION: The Proposer shall protect, indemnify, save, 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 Proposer's officers, employees, subcontractor, and/or agents, provided that the Proposer 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 Proposer shall hold the Village harmless for any and all claims for labor, material, apparatus, equipment, fixtures or machinery furnished to the Proposer 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. 9. INSURANCE: Certificates of Insurance shall be presented to the Village within fifteen (15) days after the receipt by the Proposer of the Notice of Award and the unexecuted contract, it being understood and agreed that the Village will not approve and execute the contract, nor will the 47 proposal guarantee be returned until acceptable insurance certificates are received and approved by the Village Attorney. The Village of Oak Brook must be listed as certificate holders and as additional insured. An additional insured endorsement must accompany the certificate of insurance. Each Proposer 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 Article III of Chapter 12 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 Proposer 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 Proposer, permittee, or their agents, representatives, employees, or subcontractor. A Proposer 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 $25,000, the required limit shall be $1,000,000; B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and property damage; C. Worker's Compensation and Employer's Liability - Worker's Compensation limits as required by the Labor Code of the State of Illinois and Employer's Liability limits of $1,000,000 per accident. Any deductibles or self-insured retention must be declared to and approved by the Village. At the option of the Village, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the Village, its officers, officials, employees, and volunteers; or the Insured shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses to the extent of such deductible or self-insured retention. The policies shall contain, or be endorsed to contain, the following provisions: D. General Liability and Automobile Liability Coverage - (1) The Village, its officers, officials, employees and volunteers are to be covered as additional insureds as respects to: 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. 48 (3) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village, its officers, officials, employees, volunteers or agents. (4) The Insured's insurance shall apply separately to each covered party against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. E. Worker's Compensation and Employer's Liability Coverage The policy shall waive all rights of subrogation against the Village, its officers, officials, employees, volunteers and agents for losses arising from work performed by the insured for the Village. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled or not renewed by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has been given to the Village. Each insurance policy shall name the Village, its officers, officials and employees, volunteers and agents as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no less than A: VII. Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the Village and shall be subject to approval by the Village Attorney before work commences. The Village reserves the right to require complete, certified copies of all required insurance policies, at any time. Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractor shall be subject to all of the requirements stated herein. 10. PERFORMANCE AND PAYMENT BONDS: The successful Bidder will be required to furnish a Performance Bond and a Labor and Material Payment Bond on award of the Contract, each in the penal sum of the full amount of the Contract Price, on forms provided by, or otherwise acceptable to, Owner, from a surety company meeting the requirements set forth above. Each Bidder’s Proposal must be accompanied by a letter from such a surety company stating that it will execute Bonds on forms provided by, or otherwise acceptable to, Owner, on award of the Contract to Bidder. 11. SAFETY: The Proposer and any subcontractor shall comply with all the provisions of the Federal Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended. 12. NON-DISCRIMINATING: The proposer, its employees and subcontractor, 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. 49 13. EQUAL OPPORTUNITY: The Proposer 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. If the Department of Labor revises the wage rates, the revised rate, as made available on the Department’s official website, shall apply to this contract and the Contractor will not be allowed additional compensation because of said revisions. The Contractor shall be responsible to notify each subcontractor of the wage rates set forth in this contract and any revisions thereto. Contractor will comply with the Illinois prevailing wage law, as amended from time to time and made available on the Department of Labor’s official website. Not less than the prevailing rate of wages as found by 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, 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 Village of Oak Brook. Contractor shall indemnify, defend, and hold Village of Oak Brook harmless from any loss, including but not limited to Village of Oak Brook’s attorney’s 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, last four digits of their social security number, gender, race, ethnicity, veteran status, classification or classifications, the hourly wages paid in each period, the number of hours worked each day, the starting and ending times of work each day, the worker’s hourly rate, the worker’s hourly overtime wage rate, the worker’s hourly fringe benefit rates, the name and address of each fringe benefit fund, the plan sponsor of each fringe benefit, if applicable, and the plan administrator of each fringe benefit. The Contractor and each subcontractor shall submit monthly, in person, by mail, or electronically a certified payroll to the Department of Labor, through the database created by Section 5.1 of 820 ILCS 130. 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 50 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 seven (7) business days’ notice, the contractor and each subcontractor shall make available for inspection and copying at a location within this State during reasonable hours, 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. 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. COPIES OF DOCUMENTS The number of copies of Contract and Bond required to be executed is as follows: a) Three (3) original counterparts of the Contract documents will be required to be executed. 16. EXECUTION OF DOCUMENTS The proposer, in signing his proposal on the whole or on any portion of the work, shall conform to the following requirements: Proposals signed by an individual other than the individual represented in the Proposal documents shall have attached thereto a power of attorney evidencing authority to sign the Proposal in the name of the person for whom it is signed. Proposals which are signed for a partnership shall be signed by all of the partners or by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the Proposal a power of attorney evidencing authority to sign the proposal, executed by the partners. Proposals 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 Proposal 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 Proposal should be attached to it. Such Proposal shall also bear the attesting signature of the Secretary of the corporation and the impression of the corporate seal. The Contract shall be deemed as have been awarded when formal notice of award shall have been duly served upon the intended awardee. 17. INDEPENDENT CONTRACTOR: There is no employee/employer relationship between the Proposer and the Village. Contractor is an independent Contractor and not the Village’s employee for all purposes, including, but not limited to, the application of the Fair Labors Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the Worker’s Compensation Act (820 ILCS 305/1, et seq.). The Village will not (i) provide any form of insurance coverage, including 51 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. 18. ASSIGNMENT Neither the Village nor the Proposer 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. 19. GOVERNING LAW This Agreement shall be governed by, construed, and enforced in accordance with the internal laws, but not the conflicts of laws rules, of the State of Illinois. 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. 20. COMPLIANCE WITH LAWS Proposer, in performing the work and fulfilling its obligations under the contract must comply with all applicable provisions of the federal, State, and local laws, regulations, rules, and orders. 21. NON-WAIVER OF RIGHTS No failure of the Village to exercise any power given to it hereunder or to insist upon strict compliance by the proposer with its obligations hereunder, and no custom or practice of the Village at variance with the terms hereof, and no payment made constitutes a waiver of the Village’s right to demand exact compliance with the terms hereof. 22. LIENS, CLAIMS, ENCUMBRANCES Proposer warrants and represents that all the goods and materials ordered herein are free and clear of all liens, claims, or encumbrances of any kind. If at any time any notice of any lien is filed for or by reason of any equipment, materials, supplies, or other item furnished, labor performed, or other thing done in connection with the equipment or this Contract, then Proposer shall, promptly and without charge, discharge, remove, or otherwise dispose of such lien, or, if permitted by the Village, furnish a bond or other collateral satisfactory to the Village to indemnify the Village against such lien. Until such discharge, removal or disposition, or furnishing of any permitted bond or other collateral, the Village shall have the right to retain from any money payable under this Contract an amount that the Village, in its sole judgment, deems necessary to satisfy such lien and to pay the costs and expenses, including attorneys’ fees and administrative expenses, of any actions brought in connection therewith or by reason thereof. 52 23. NEGOTIATIONS The Village reserves the right to negotiate specifications, terms, and conditions which may be necessary or appropriate to the accomplishment of the purpose of the RFP. The Village may require the entire proposal be made an integral part of the resulting contract. This implies that all responses, supplemental information, and other submissions provided by the proposer during discussions or negotiations will be held by the Village as contractually binding on the successful proposer. 24. PROPOSERS RESPONSIBILITIES The selected Proposer will be required to assume responsibility for all services offered in this proposal. The Village will consider the selected Proposer to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. 25. FORCE MAJEURE A force majeure occurrence is an event or effect that cannot be reasonably anticipated or controlled and is not due to the negligence or willful misconduct of the affected party. Unless otherwise agreed in the agreement between the parties expressly or impliedly, where a party to a agreement fails to perform one or more of its contractual duties, the consequences set out in this clause will follow if and to the extent that the party proves: (a) that its failure to perform was caused by an impediment beyond its reasonable control; (b) that it could not reasonably have been expected to have taken the occurrence of the impediment into account at the time of the signing of the contract; and (c) that it could not reasonably have avoided or overcome the effects of the impediment. A party invoking this clause shall be presumed to have established the conditions described in the preceding paragraph in the case of the occurrence including, but not limited to, one or more of the following impediments or other similar causes beyond the control of the proposer or the Village in the performance of the agreement where non-performance, by exercise of reasonable diligence, cannot be prevented: • acts of God or natural disaster such as but not limited to violent storm, cyclone, typhoon, hurricane, tornado, blizzard, earthquake, volcanic activity, landslide, tidal wave, tsunami, flood, damage or destruction by lightning, drought; • acts of war (whether declared or not), armed conflict or the serious threat of the same (including but not limited to hostile attack, blockade, military embargo), hostilities, invasion, act of a foreign enemy, extensive military mobilization; • civil war, riot, rebellion, revolution, military or usurped power, insurrection, civil commotion or disorder, mob violence, act of civil disobedience; • acts of public enemies, acts of terrorism, sabotage or piracy; • plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions; 53 • act of authority whether lawful or unlawful, compliance with any law or governmental order, rule, regulation or direction, curfew restriction, expropriation, compulsory acquisition, seizure of works, requisition, nationalization; • explosion, fire, destruction of machines, equipment, factories and of any kind of installation, prolonged break-down of transport, telecommunication or electric current; • general labor disturbance such as but not limited to boycott, strike and lock- out, go-slow, occupation of factories and premises; • shortage or inability to obtain critical material or supplies to the extent not subject to the reasonable control of the subject Party. The affected party shall provide the other party with written notice of any force majeure occurrence as soon as the delay is known and provide the other party with a written contingency plan to address the force majeure occurrence. Furthermore, the affected party shall use its commercially reasonable efforts to resume proper performance within an appropriate period of time. Notwithstanding the foregoing, if the force majeure condition continues beyond 30 days, the parties to the agreement shall jointly decide on an appropriate course of action that will permit fulfillment of the parties’ objectives under the contract. Proposer shall not be entitled to an adjustment in agreement price or other non-price related items caused by or within the control of proposer. Delay, disruption, and interference attributable to and within the control of a subcontractor or supplier shall be deemed to be within the control of proposer. Section 2. Proposal Instructions A. General Information A Pre-Proposal Meeting and site visit will be held in the SE Dean Board Room of the Butler Government Center, 1200 Oak Brook Road, Oak Brook, Illinois, 60523, at 10:00 A.M., Thursday, August 17, 2023. Attendance at this meeting is mandatory. Failure to attend this meeting disqualifies a company from submitting a proposal on this work. This meeting is an opportunity to ask questions concerning the specifications and to visit the Heritage Center located at 1112 Oak Brook Road, Oak Brook, Illinois 60523. Four (4) copies of the proposal shall be submitted in a sealed envelope to: Rania Serences Purchasing and Budgeting Coordinator Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 and clearly marked on the outside of the envelope “Heritage Center Facade Restoration Project” on or before 3:00 p.m., prevailing time, Thursday, August 24, 2023. Proposals received after the submittal time will be rejected and returned unopened to the sender. 54 B. References Your Company Name: (Please Print) The Proposer shall list five (5) current references with needs similar to the Village of Oak Brook for whom Proposer has provided comparable services. Please include company name, address, telephone number, year(s) employed by referenced firms, contact person, and type of work you performed for that entity. 1. Company Name/Municipality: Address: Phone: ( ) Contact Person: Type of Work and Date Performed: 2. Company Name/Municipality: Address: Phone: ( ) Contact Person: Type of Work and Date Performed: 3. Company Name/Municipality: Address: 55 Phone: ( ) Contact Person: Type of Work and Date Performed: 4. Company Name/Municipality: Address: Phone: ( ) Contact Person: Type of Work and Date Performed: 5. Company Name/Municipality: Address: Phone: ( ) Contact Person: Type of Work and Date Performed: 56 C. Proposers 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 proposer for the construction, product, commodity, or service briefly described as follows: “HERITAGE CENTER FACADE RESTORATION PROJECT” 1) The undersigned certifies that, pursuant to Chapter 720, Section 5/33E of the Illinois Compiled Statutes, 1993, the proposer is not barred from proposal on this agreement as a result of a conviction for the violation of State of Illinois laws prohibiting PROPOSAL-rigging or PROPOSAL-rotating. 2) The undersigned states under oath that, pursuant to Chapter 65, Section 5/11-42.1-1 of the Illinois Compiled Statutes, 1993, the proposer is not delinquent in the payment of any tax administered by the Illinois Department of Revenue. 3) The undersigned certifies that, pursuant to Chapter 775, Section 5/2-105. of the Illinois Compiled Statutes, 1993, the proposer has a written sexual harassment policy in place including the following information: a) An acknowledgment of the illegality of sexual harassment. b) The definition of sexual harassment under State law. c) A description of sexual harassment, utilizing examples. d) The Consultant’s internal complaint process including penalties. e) The legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission. f) Directions on how to contact the Department or the Commission. This business firm is: (check one) _____ Corporation _____ Partnership _____ Individual Firm Name: Address: City, State, ZIP: Signature: Name Printed: Title: Telephone: __________________________ Date: ____________________ 57 ATTEST: ___________________________ -SEAL- SUBSCRIBED AND SWORN TO before me this ______ day of _____________, 2023. _____________________________ Notary Public 58 D. Sexual Harassment Policy hereinafter referred to as “Proposer” having submitted a PROPOSAL/proposal for to the Village of Oak Brook, DuPage/Cook Counties, Illinois, hereby certifies that said Proposer 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 proposer’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 proposer must provide a copy of such written policy to the Illinois Department of Human Rights upon request. By: Authorized Agent of Proposer Subscribed and sworn to before me this _____ day of , 2023 ___________________________________ Notary Public 59 E. Prevailing Wage Affidavit I, ___________________________(name of signatory), on oath hereby state and certify that _____________________________ (name of Contractor), pursuant to a Contract dated ___________, 2023, with the Village of Oak Brook for the Project, has complied and will comply with all laws, including those relating to the employment of labor, the payment of the current general prevailing rate of hourly wages for each craft or type of worker or mechanic needed to execute the Contract or perform such work, and also the current general prevailing rate for legal holiday and overtime work, as ascertained by the Illinois Department of Labor for DuPage County, Illinois, and those prevailing rates are paid and shall be paid for each craft or type of worker or mechanic needed to execute the aforesaid Contract or to perform such work. _____________________________ (name of Contractor) has also complied and will comply with all record keeping requirements established in the Prevailing Wage Act (820 ILCS 130/0.01, et seq. CONTRACTOR: By: _____________________________________ Title: ___________________________________ SUBSCRIBED AND SWORN TO BEFORE ME THIS _____ DAY OF _______________, 2023 ________________________________________ NOTARY PUBLIC 60 F. Certification of Payroll Records I, ___________________ (name of person executing this certificate), do hereby certify that I am the duly qualified and acting __________________ (title) for ____________________ , (name of contractor) and, as such, am authorized to certify payroll records as true and accurate for such company in accordance with the requirements of Section 5 of the Prevailing Wage Act (820 ILCS 130/5) (the "Act"). I do hereby further certify that the following document is a true and accurate copy of the records of all laborers, mechanics, and other workers employed by _____________ (name of contractor) on the _____________ Project (the "Project") for the Village of Oak Brook (the “Village”), including each such worker's name, address, telephone number, social security number, classification or classifications; and the hourly wages paid in each pay period, hours worked each day, and the starting and ending times of work each day for each such worker on such Project. I do hereby further certify that the hourly rate paid to each worker is not less than the general prevailing rate of hourly wages required by the Act, and that _______________ (name of contractor), and I on behalf of such contractor, are fully aware that filing a certified payroll that we know to be false is a Class B misdemeanor. I further certify that upon two (2) business days' notice, if requested, we and any subcontractor hired by us shall make available for inspection the records required in the Act to the District, its officers and agents, and to the Director of Labor, his deputies and agents, at reasonable hours at a location within the State of Illinois. Date: ____________________, 2023 ____________________________________ (Name of Contractor) ____________________________________ (Signature) ____________________________________ (Printed Name) ____________________________________ (Title) Subscribed and sworn to before me. this ____ day of _____________, 2023. Notary Public ______________________________ 61 G. Performance/Labor and Material Bond Samples PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that [FULL NAME, ADDRESS AND ORGANIZATION OF CONTRACTOR], as Principal, hereinafter called Contractor, and [FULL NAME AND ADDRESS OF SURETY], as Surety, a corporation organized and existing under the laws of the State of [INCORPORATION], hereinafter called Surety, are held and firmly bound unto the Village of Oak Brook, as Obligee, hereinafter called Owner, in the full and just sum of [CONTRACT PRICE] Dollars ($[CONTRACT PRICE]), for the payment of which sum of money well and truly to be made, Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, said amount to include payment of actual costs and damages and for attorneys’ fees, architectural fees, design fees, engineering fees, accounting fees, testing fees, consulting fees, administrative costs, court costs, interest and any other fees and expenses resulting from or incurred by reason of Contractor’s failure to promptly and faithfully perform its contract with Owner, said contract being more fully described below, and to include attorneys’ fees, court costs and administrative and other expenses necessarily paid or incurred in successfully enforcing performance of the obligation of Surety under this bond. WHEREAS, Contractor has entered into a written agreement dated [DATE OF CONTRACT AGREEMENT], with Owner entitled “Contract Agreement Between Village of Oak Brook and [CONTRACTOR’S NAME] for the Construction of Golf Course Hole #13 C-Wall Removal and Replacement Project” (the “Contract”), the terms and conditions of which are by this reference incorporated herein as though fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if Contractor shall well, truly, and promptly perform all the undertakings, covenants, terms, conditions, and agreements of said otherwise, under the Contract, including, but not limited to, Contractor’s obligations under the Contract: (1) to provide, perform and complete at the Work Site and in the manner specified in the Contract all necessary work, labor, services, transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water, waste disposal, information, data, and other means and items necessary for the design, if any, construction, and installation of the Golf Course Hole #13 C-Wall Removal and Replacement Project, together with related attachments, equipment, and appurtenances thereto; (2) to procure and furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith except as otherwise expressly provided in the Special Conditions of Contract; (3) to procure and furnish all bonds and certificates and policies of insurance specified in the Contract; (4) to pay all applicable federal, state, and local taxes; (5) to do all other things required of Contractor by the Contract; and (6) to provide, perform, and complete all of the foregoing in a proper and workmanlike manner and in full compliance with, and as required by and pursuant to, the Contract; all of which is herein referred to as the “Work,” whether or not any of said Work enter into and become component parts of the improvement contemplated, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Surety, for value received, hereby stipulates and agrees that no changes, modifications, alterations, omissions, deletions, additions, extensions of time, or forbearances on the part of either Owner or Contractor to the other in or to the terms of said Contract; in or to 62 the schedules, plans, drawings, or specifications; in or to the method or manner of performance of the Work; in or to Owner-furnished facilities, equipment, materials, services, or sites; or in or to the mode or manner of payment therefor, shall in any way release Contractor and Surety or either or any of them, or any of their heirs, executors, administrators, successors, or assigns, or affect the obligations of Surety on this bond, all notice of any and all of the foregoing changes, modifications, alterations, omissions, deletions, additions, extensions of time, or forbearances, and notice of any and all defaults by Contractor or of Owner’s termination of Contractor being hereby waived by Surety. Notwithstanding anything to the contrary in the foregoing paragraph, in no event shall the obligations of Surety under this bond in the event of Contractor’s default be greater than the obligations of Contractor under the Contract in the absence of such Contractor default. In the event of a default or defaults by Contractor, Owner shall have the right to take over and complete the Contract upon 30 calendar days’ written notice to Surety, in which event Surety shall pay Owner all costs incurred by Owner in taking over and completing the Contract. At its option, Owner may instead request that Surety take over and complete the Contract, in which event Surety shall take reasonable steps to proceed promptly with completion no later than 30 calendar days from the date on which Owner notifies Surety that Owner wants Surety to take over and complete the Contract. Owner shall have no obligation to actually incur any expense or correct any deficient performance of Contractor in order to be entitled to receive the proceeds of this bond. No right of action shall accrue on this bond to or for the use of any person or corporation other than Owner or the heirs, executors, administrators, or successors of Owner. Signed and sealed this ___ day of ______, 2023. Attest/Witness: PRINCIPAL: [NAME OF CONTRACTOR] By: _______________________ By: ___________________________________ [NAME OF CONTRACTOR’S EXECUTING OFFICER] Title: ________________________ Title: [TITLE OF CONTRACTOR'S EXECUTING OFFICER] Attest/Witness: SURETY: [NAME OF SURETY] By: _______________________ By: ___________________________________ Title: ________________________ Title: ___________________________________ Telephone: _____________________________ 63 LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that [FULL NAME, ADDRESS AND ORGANIZATION OF CONTRACTOR], as Principal, hereinafter called Contractor, and [FULL NAME AND ADDRESS OF SURETY], as Surety, a corporation organized and existing under the laws of the State of [INCORPORATION], hereinafter called Surety, are held and firmly bound unto the Village of Oak Brook, as Obligee, hereinafter called Owner, for the use and benefit of itself and of claimants as hereinafter defined, in the full and just sum of [CONTRACT PRICE] Dollars ($[CONTRACT PRICE]), to be paid to it or the said claimants or its or their assigns, to which payment well and truly to be made Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, said amount to include attorney’s fees, court costs, and administrative and other expenses necessarily paid or incurred in successfully enforcing performance of the obligation of Surety under this bond. WHEREAS, Contractor has entered into a written agreement dated [DATE OF CONTRACT AGREEMENT], with Owner entitled “Contract Agreement Between Village of Oak Brook and [CONTRACTOR’S NAME] for the Construction of Golf Course Hole #13 C-Wall Removal and Replacement Project” (the “Contract”), the terms and conditions of which are by this reference incorporated herein as though fully set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if Contractor shall promptly pay or cause to be paid all sums of money that may be due to any claimant with respect to Contractor’s obligations under the Contract: (1) to provide, perform, and complete at the Work Site and in the manner specified in the Contract all necessary work, labor, services, transportation, equipment, materials, apparatus, machinery, tools, fuels, gas, electric, water, waste disposal, information, data, and other means and items necessary for design, if any, construction, and installation of the Golf Course Hole #13 C-Wall Removal and Replacement Project, together with related attachments, equipment, and appurtenances thereto; (2) to procure and furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith except as otherwise expressly provided in the Special Conditions of Contract; (3) to procure and furnish all bonds and certificates and policies of insurance specified in the Contract; (4) to pay all applicable federal, state, and local taxes; (5) to do all other things required of Contractor by the Contract; and (6) to provide, perform, and complete all of the foregoing in a proper and workmanlike manner and in full compliance with, and as required by and pursuant to, the Contract; all of which is herein referred to as the “Work,” whether or not any of said Work enter into and become component parts of the improvement contemplated, then this obligation shall be null and void; otherwise it shall remain in full force and effect. For purpose of this bond, a claimant is defined as one having a direct contract with Contractor or with a subcontractor of Contractor to provide, perform or complete any part of the Work. Contractor and Surety hereby jointly and severally agree that every claimant who has not had all just claims for the furnishing of any part of the Work paid in full, including, without limitation, all claims for amounts due for materials, lubricants, oil, gasoline, rentals of, or service or repairs on, machinery, equipment, and tools consumed or used in connection with the furnishing of any part of the Work, may sue on this bond for the use of such claimant, may 64 prosecute the suit to final judgment for such sum or sums as may be justly due such claimant, and may have execution therein; provided, however, that Owner shall not be liable for the payment of any costs or expenses of any such suit. The provisions of 30 ILCS 550/1 and 30 ILCS 550/2 shall be deemed inserted herein, including the time limits within which notices of claim must be filed and actions brought under this bond. Contractor and Surety hereby jointly agree that Owner may sue on this bond if Owner is held liable to, or voluntarily agrees to pay, any claimant directly, but nothing in this bond shall create any duty on the part of Owner to pay any claimant. Surety, for value received, hereby stipulates and agrees that no changes, modifications, alterations, omissions, deletions, additions, extensions of time, or forbearances on the part of Owner or Contractor to the other in or to the terms of said Contract; in or to the schedules, plans, drawings, or specifications; in or to the method or manner of performance of the Work; in or to Owner-furnished facilities, equipment, materials, services, or sites; or in or to the mode or manner of payment therefor shall in any way release Contractor and Surety or either or any of them, or any of their heirs, executors, administrators, successors, or assigns, or affect the obligations of said Surety on this bond, all notice of any and all of the foregoing changes, modifications, alterations, omissions, deletions, additions, extensions of time, or forbearances and notice of any and all defaults by Contractor or of Owner’s termination of Contractor being hereby waived by Surety. Signed and sealed this ___ day of ______, 2023. Attest/Witness: PRINCIPAL: [NAME OF CONTRACTOR] By: _______________________ By: ___________________________________ [NAME OF CONTRACTOR’S EXECUTING OFFICER] Title: ________________________ Title: [TITLE OF CONTRACTOR'S EXECUTING OFFICER] Attest/Witness: SURETY: [NAME OF SURETY] By: _______________________ By: ___________________________________ Title: ________________________ Title: ___________________________________ Telephone: _____________________________ 65 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 ____________, 2023. __________________________________ Notary Public My commission expires: _____________________ 66 Section 3. Review Process A. Evaluation of Proposals and Selection The proposals received will be evaluated by the Village on the basis of professional qualifications, previous experience on similar projects, satisfaction of previous clients on work performed for them, contract price, and the proposal that best meets the needs of the Village. Vendors will be contacted during the evaluation if further information is needed. The Village may choose to interview one or more vendors before final selection is made. This Request for Proposal does not commit the Village to award a contract, to pay any costs incurred in the preparation of a proposal based on this request, or to procure or contract for services. All proposals submitted in response to this Request for Proposal become the property of the Village. The Village reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with qualified vendors, or to cancel in part or in its entirety the Request for Proposal, if it is in the best interest of the Village to do so. The Village may require the proposer selected to participate in negotiations concerning contract price or the nature and extent of services to be provided. The results of such negotiations shall be incorporated into the final contract between the Village and the proposer. B. Basis of Award Village staff will perform an evaluation of the proposals received. Appropriate finalist(s) may be interviewed by the Village, after which a selection will be made. The Village reserves the right to reject any or all proposals and to waive any informality or technical error and to accept any proposal deemed most favorable to the interests of the Village. The Village will review proposals based on the following criteria: 1. Compliance with RFP. Adherence to all conditions and requirements of the RFP. 2. Understanding of the Project. The proposers understanding of the engagement, the Village’s objectives, and the nature and scope of the work involved. 3. Services to be Provided. The exact type and nature of the proposers proposed services and how they accomplish the objectives of the project. 4. Qualifications of the Proposer. The proposer’s capability in all respects to perform fully all contract requirements, and the integrity and reliability which will assure good faith performance. This criterion includes: • The experience of the contractor and its record on projects of a similar nature. • The availability of necessary personnel and other resources to successfully complete the project specified herein on a timely basis. 5. Costs. Proposed contract price. 6. Ability, capacity and skill to fulfill the contract as specified. 67 7. Ability to supply the commodities; provide the services or complete the construction promptly, or within the time specified, without delay or interference. 8. Character, integrity, reputation, judgment, experience and efficiency. 9. Quality of performance on previous contracts. 10. Previous and existing compliance with laws and ordinances relating to the contract. 11. Sufficiency of financial resources. 12. Quality, availability and adaptability of the commodities, services or construction, in relation to the Village’s requirements. 13. Ability to provide future maintenance and service under the contract. 14. Number and scope of conditions attached to the proposal. 15. Record of payments for taxes, licenses or other monies due the Village.