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R-1523 - 01/12/2016 - WATER - Resolutions RESOLUTION 2016-WA-METR-CNTRCT-R-1523 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE VILLAGE OF OAK BROOK AND WATER SERVICES COMPANY OF ILLINOIS, INC. FOR THE PROVISION OF WATER METER TESTING, REPAIR, AND REPLACEMENT SERVICES WHEREAS, the Village desires to retain a firm to test, repair, and replace water meters in the Village ("Services'j; and WHEREAS, on December 3, 2015, the Village published a request for bids for the Services; and WHEREAS, the Village received two bids to provide the Services; and WHEREAS, Water Services Company of Illinois, Inc. ("WSC' was the lowest responsive and responsible bidder to provide the Services; and WHEREAS, the President and Board of Trustees, being fully advised in the premises, have determined that it is in the best interests of the Village and its residents to enter into an agreement with WSC for the provision of the Services; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Approval of the Agreement. The President and Board of Trustees hereby approve the Agreement by and between the Village and WSC in substantially the same form as attached as Exhibit A, and in a final form approved by the Village Attorney. Section 3: Execution of the Agreement. The Village Manager and Village Clerk shall be, and hereby are, authorized to execute the Agreement on behalf of the Village after receipt of the final Agreement fully executed by WSC. I Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Resolution 2016-WA-METR-CNTRCT-R-1523 Water Meter Services 2 of 3 APPROVED THIS 12th day of January, 2016 Gopal G. Lalmalani Village President PASSED THIS 12th day of January, 2016 Ayes: Trustees Adler Baar, Tiesenga Yusuf Nays: None Absent: Trustees Manzo Moy - ATTEST: Charlotte K. Pruss Village Clerk s s, I, Resolution 2016-WA-METR-CNTRCT-R-1523 Water Meter Services 3 of 3 EXHIBIT A i I 1 OF aqk Village of Oak Brook d Water Meter Testing/Repair/Replacement d Bid Package December,2015 �OUNS�' Table of Contents i Sec A. Notice to Bidders B. Bid ` C. Instructions to Bidders D. Specifications B. Special Conditions(Not Applicable) ` i F. Statement of Bidder's Qualifications j I i G. References H. Bid Certification f I. Contract Y I I j:\worddoc\bid packages\2015 bid packages\2015 water meter testing.doc Approved as to 0 Date:, Section A Notice to Bidders The Village of Oak Brook will receive bids for: Water Meter Testing/Repair/Replacement Sealed bids will be received by Rania Serences, Senior Purchasing Assistant,Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, IL 60523 until 11:00 A.M., Thursday, December 17, 2015, prevailing time, and publicly opened in the Samuel E.Dean Board Room at that time. A complete bid package, of which this legal notice is a part, is on file for inspection and may be downloaded from the Village's website www.oak-brook.or 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. No bid shall be withdrawn after opening of bids without the consent of the Village of Oak Brook for a period of ninety(90)days after the scheduled time of opening bids. The Village of Oak Brook reserves the right to reject any or all bids and to waive any informalities in bidding and to accept the bid deemed most advantageous to it. Charlotte Pruss Village Clerk I i Section B Bid Water Meter Testing/Repair/Replacement 1. COST OF WORK: The undersigned, acting for and on behalf of Contractor and having familiarized himself with conditions affecting the cost of the work and its performance and having carefully examined and fully understood the entire bid package, hereby affirms and agrees to enter into a contract with the Village of'Oak Brook,Oak Brook, IL. To provide all supervision, labor, material, equipment and all other expense items to completely perform the work covered by all specifications for the work. The contract will be for the three(3)years of 2016,2017, and 2018, with a Village option to renew the contract for two(2) additional one(1)year terms in 2019 and 2020. The undersigned submits herewith his bid as follows: i I I i i I I _ Y Page 1 BID For 2016 Calendar Year WATER METER TEST, REPAIR, RETEST (LABOR COST) METER SIZE/TYPE TEST ONLY TEST/REPAHZIUTEST 1 1/2"through 2" displacement type $175 00 $ 275 , 0 0 2"through 3"compound &turbine type $ 210 00 $ 380 0 0 4"through 10" compound&turbine type $ 220 0 0 $ 420 0 0 WATER METER REPLACEMENT LABOR COST MATERIAL COST (Includes labor to install all required material) SIZE IN BUILDINGS IN VAULTS SPOOLS GASKETS/ BOLTS 2" $ 300 00 $ 600 00 $ 150 . 00 $ 15 , 00 3" $ 300 . 00 $ 600 , 00 $ 150 00 $ 35 . 00 4" $ 300 00 $ 600 00 $ 200 00 $ 40 , 00 6" $ 400 . 00 $ 700 . 00 $ 225 00 $ 40 . 00 8" $ 400 00 $ 700, 00 $ 250 00 $ 50;00 Percentage discount off of manufacturer's retail pricing for major component replacement parts (as defined in Section D). 10 %. All other required repair parts are incidental to the bid prices. Page 2 BID For 2017 Calendar Year WATER METER TEST, REPAIR, RETEST(LABOR COST) METER SIZE/TYPE TEST ONLY TEST/REPAIR/RETEST 1 1/2"through 2" displacement type $ 175 00 $ 275 . 0 0 2"through 3"compound &turbine type $ 210 00 $ 380 0 0 4"through 10" compound&turbine type $ 220 . 00 $ 420 0 0 WATER METER REPLACEMENT LABOR COST MATERIAL COST (Includes labor to install all required material) SIZE IN BUILDINGS IN VAULTS SPOOLS GASKETS/ BOLTS 2" $ 300 00 $ 600 00 $ 150 00 $ 15 00 3" $ 300 00 $ 600 . 00 $ 150 . 00 $ 35 00 4" $ 300 00 $ 600 00 $ 200 00 $ 40 00 6" $ 400 . 00 $ 700 00 $ 225 ; 00 $ 40 . 00 $" $ 400 00 $ 700 00 $ 250 00 $ 50 00 Percentage discount off of manufacturer's retail pricing for major component replacement parts (as defined in Section D). 10 %. All other required repair parts are incidental to the bid i prices. Page 3 BID For 2018 Calendar Year WATER METER TEST,REPAIR,RETEST (LABOR COST) METER SIZE/TYPE TEST ONLY TEST/REPAIR/RETEST 1 1/2"through 2" displacement type $ 175 00 $ 275 0 0 2"through 3"compound &turbine_type $ 210 00 $ 380 0 0 4"through 10" compound &turbine type $ 220 0 0 $ 420 0 0 WATER METER REPLACEMENT LABOR COST MATERIAL COST (Includes labor to install all required material) SIZE IN BUILDINGS IN VAULTS SPOOLS GASKETS/ BOLTS 2" $ 300 . 00 $ 600 , 00 $ 150 .00 $ 15 ,00 3" $ 300 . 00 $ 600 00 $ 150 . 00 $ 35 , 00 4" $ 3o0 . 00 $ 600 00 $ 200 .00 $ 40 . 00 6" $ 400 00 $ 700 00 $ 225 . 00 $ 40 . 00 $" $ 400 00 $ 700 00 $ 250 00 $ 50 . 00 I Percentage discount off of manufacturer's retail pricing for major component replacement parts (as defined in Section D). 10 %. All other required repair parts are incidental to the bid prices. _ I Page 4 2. COSTS: The undersigned Contractor hereby affirms and states the prices quoted herein constitute the total cost to the Village for all work involved in the respective items and that this cost also includes all insurance,royalties, transportation charges, applicable taxes,use of all tools and equipment, superintendence, overhead expense, all profits and all other work, services and conditions necessarily involved in the work to be done and materials to be furnished in accordance with the requirements of the contract documents considered severally and collectively. All bids shall be held valid for a period of ninety (90) days after the bid due date. 3. INSTRUCTIONS TO BIDDERS: The undersigned Contractor shall comply with all Sections of the Bid Package which are incorporated herein by reference. 4. TIW OF COMPLETION: Scheduling requirements are contained in Section D of the Bid Package. 5. BID GUARANTEE: Not Applicable. I I Page 5 Firm Name: Water Services Company 'Vir S»;ro•S Address: 848 Olive Street City, State,ZIP: Elgin, IL 60120 Signature: Dk��s Name Printed: .Anthony Gattuso Title: Operations Manager Telephone: 8 4 7-697-6623 Date: 12/17/2015 If a Corporation: ATTEST: Secretary i C i Page 6 Section C Instructions to Bidders 1. RECEIPT OF BID: Thursday,December 17,2015; 11:00 A.M. 2. BASIS OF BID: Sealed bids will be received until the above noted time and date. 3. BID DESCRIPTION: Water Meter Testing/Repair/Replacement 4. PREPARATION AND SUBMISSION OF BIDS: A. The bid must be delivered to the office of the Purchasing Clerk, Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, IL 60523 on or before Thursday,December 17, 2015; 11:00 A.M., at which time it will be publicly opened and read in the S. E. Dean Board Room of the Village Hall. Bids received after this time will not be considered and will be returned unopened. B. Each bid shall be submitted on the exact form furnished. All blank spaces for bid prices, unit costs and alternates must be filled in--in ink--in both words and figures if indicated. In case of any discrepancy in the amount bid,the prices expressed in written words shall govern. C. Each bidder must complete, execute and submit with its bid a certification that Contractor is not barred from public contracting due to bid-rigging or bid rotating convictions on the form included with the bidding documents. D. Each bidder must submit a complete bid package,including the following items: 1.Bid. 2.References 3.Statement of Bidder's Qualifications. 4.Bid Certification. 5. Copy of"Confined Space Entry"program,with evidence of training. 6. Certification of plumbing license. 7.Test meter accuracy certification. I E. The bid shall be submitted in an opaque sealed.envelope on or before the time stated and shall bear the name of the individual, firm, or corporation submitting the Bid and the Bid Name- 'Water Meter Testing/Repair/Replacement". F. Bidders may attach separate sheets to the bid for the purpose of explanation,exception, alternate bid and to cover unit prices,if needed. G. Bidders may withdraw their bid either personally or by written request at any time before the hour set for the bid opening, and may resubmit it. No bid may be withdrawn Paqe 1 or modified after the bid opening except where the award of contract has been delayed for a period of more than ninety(90)days. H. In submitting this bid, the bidder further declares that the only person or party interested in the proposal as principals are those named herein; and that the bid is made without collusion with any other person,firm or corporation. I. The bidder further declares that he has carefully examined this entire Bid Package, and he has familiarized himself with all of the local conditions affecting the contract and the detailed requirements of this work and understands that in making the bid he waives all rights to plead a misunderstanding regarding same. J. The bidder further understands and agrees that if his bid is accepted, he is to furnish and provide all necessary machinery, tools, apparatus, and other means to do all of the work and to furnish all of the materials specified in the contract, except such materials as are to be furnished by the owner (Village), in the manner and at the time therein prescribed, and in accordance with the requirements therein set forth. K. The bidder further agrees that if the Village decides to extend or shorten the work, or otherwise alter it by extras or deductions, including elimination of one or more of the items, as provided in the specifications, he will perform the work as altered, increased or decreased. L. The bidder further agrees that the Village representative may at any time during the progress of the work covered by this Contract, order other work or materials incidental thereto and that all such work and materials as do not appear in the bid or contract as a specific item covered by a lump sum price, and which are not included under the bid price for other items in the Contract, shall be performed as extra work. M. The bidder further agrees to execute all documents within this Bid Package, for this work and present all of these documents to the Village. N. The bidder further agrees to execute all documents within this Bid Package, obtain a Certificate of Insurance for this work and present all of these documents within fifteen (15) days after the receipt of the Notice of Award and the Contract by him. O. The bidder further agrees to begin work not later than ten (10) days after receipt of the Notice to Proceed, unless otherwise provided, and to execute the work in such a manner and with sufficient materials, equipment and.labor as will insure its completion within the time limit specified within the bid, it being understood and agreed that the completion within the time limit is an essential part of the contract. P. By submitting a bid, the bidder understands and agrees that, if his bid is accepted, and he fails to enter into a contract forthwith, he shall be liable to the Village for any damages the Village may thereby suffer. Page 2 Q. No bid will be considered unless the party offering it shall furnish evidence satisfactory to the Village that he has necessary facilities, ability and pecuniary resources to fulfill the conditions of the Contract. 5. SUBSTITUTIONS: Not Applicable. 6. CONDITIONS: A. The Village is exempt from Federal excise tax and the Illinois Retailer's Occupation Tax. This bid cannot include any amounts of money for these taxes. B. To be valid, the bids shall be itemized so that selection for purchase may be made, there being included in the price of each unit the cost of delivery(FOB Destination). C. The Village shall reserve the right to add or to deduct from the base bid and/or alternate bid any item at the prices indicated in itemization of the bid. D. All bids shall be good for ninety(90) days from the date of the bid opening. 7. BASIS OF AWARD: The Village of Oak Brook reserves the right to reject any or all bids and to waive any informality or technical error and to accept any bid deemed most favorable to the interests of the Village of Oak Brook. In addition to price,the Village will consider: A. Ability, capacity and skill to fulfill the contract as specified. B. Ability to supply the commodities,provide the services or complete the construction promptly, or within the time specified, without delay or interference. C. Character, integrity,reputation,judgment, experience and efficiency. D. Quality of performance on previous contracts. E. Previous and existing compliance with laws and ordinances relating to the contract. F. Sufficiency of financial resources. G. Quality, availability and adaptability of the commodities, services or construction, in relation to the Village's requirements. .H. Ability to provide future maintenance and service under the contract. Paqe 3 I. Number and scope of conditions attached to the bid/proposal. J. Record of payments for taxes, licenses or other monies due the Village. S. WARRANTY: Not applicable,except as indicated in Section D. 9. PAYMENT: The Village of Oak Brook authorizes the payment of invoices on the second and fourth Tuesday of the month. For consideration on one of these dates, payment request must be received no later than fourteen(14)days prior to the second or fourth Tuesday of the month. The Contractor 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 Owner. 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. The Owner shall review each request for payment submitted and shall make payments of all items approved less retainage as set out below on or before the tenth (10) day of the month. The Owner may retain ten percent (10%) of each payment until the work is one hundred- percent(100%)complete. The final payment constituting the unpaid balance of the cost of the work and the retention shall be paid by the Owner within thirty(30) days after work shall have been completed and accepted by the Owner'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 Owner specifically reserves any and all rights under the contract of this agreement which shall not be considered waived when payments are made. 10. INDEMNIFICATION: The Contractor shall, without regard to the availability or unavailability of any insurance, either of the Village or Consultant, indemnify and save harmless the Village against any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses, including attorneys' fees and administrative expenses, that may arise, or be alleged to have arisen, out of or in connection with the Contractor's performance of, or failure to perform,the Work or any part thereof, whether or not due or claimed to be due in whole or in part to the active, passive, or Page 4 concurrent negligence or fault of the Contractor, except to the extent caused by the sole negligence of the Village.. The Contractor shall hold the Village harmless for any and all claims for labor, material, apparatus, equipment, parts, fixtures or machinery furnished by the Contractor for the purpose of performing the Work under the contract. 11. INSURANCE: Certificates of Insurance shall be presented to the Village within fifteen (15) days after the receipt by the Contractor of the Notice of Award and the unexecuted contract; it. being understood and agreed that the Village will not approve and execute the contract nor will the bid guarantee be returned until acceptable insurance certificates are received and approved by the Village. Each Contractor performing any work pursuant to a contract with the Village of Oak Brook and each permittee working under a permit as required pursuant to the provisions of 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 Contractor and permittee shall procure and maintain for the duration of the contract or permit insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work under the contract or permit, either by the Contractor,permittee, or their agents,representatives,employees or subcontractors. A Contractor or permittee shall maintain insurance with limits no less than: A. General Liability- $4,000,000.00 combined single limit per occurrence for bodily injury,personal injury and property damage. In order to meet this requirement contractor may have an umbrella policy, when combined with the general liability policy, meets the$4,000,000.00 limit. B. Automobile Liability (if applicable)'- $1,000,000 combined single limit per accident for bodily injury and property damage; i 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: Paqe 5 D. General Liability and Automobile Liability Coverage- (1) The Village, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Insured;premises owned, occupied or used by the Insured. The coverage shall contain no special limitations on the scope of protection afforded to the Village,its officers,officials,employees,volunteers or agents. (2) The Insured's insurance coverage shall be primary insurance as respects the Village, its officers, officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the Village, its officers, officials, employees, volunteers or agents shall be in excess of the Insured's insurance and shall not contribute with it. (3) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village, its officers, officials, employees, volunteers or agents. (4) The Insured's insurance shall apply separately to each covered party against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. E. Worker's Compensation and Employer's Liability Coverage The policy shall waive all rights of subrogation against the Village, its officers, officials, employees, volunteers and agents for losses arising from work performed by the insured for the Village. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has been given to the Village. Each insurance policy shall name the Village, its officers, officials and employees, volunteers and agents as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no less than A: VII. Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the Village and shall be subject to approval by the Village Attorney before work commences. The Village reserves the right to require complete, certified copies of all required insurance policies, at any time. Page 6 Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 12. SAFETY: The Contractor and any subcontractors shall comply with all the provisions of the Federal Occupational Safety and Health Act of 1970(84 Stat. 1590), as amended. 13. EQUAL OPPORTUNITY: The Contractor will not discriminate against any employee or applicant for employment because of race, color,religion, sex, ancestry, national origin,place of birth, age or handicap unrelated to bona fide occupational qualifications. 14. NON-DISCRIMINATING: The Contractor, its employees and subcontractors, agrees not to commit unlawful discrimination and agrees to comply with applicable provisions of the Illinois Human Rights Act, the U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act, and rules applicable to each. 15. PREVAILING RATE OF WAGES: All wages paid by the Contractor and each subcontractor shall be in compliance with The Prevailing Wage Act (820 ILCS 130), as amended, except where a prevailing wage violates a federal law, order, or ruling, the rate conforming to the federal law, order, or ruling shall govern. The Contractor shall be responsible to notify each subcontractor of the wage rates set forth in this contract and any revisions thereto. If the Department of Labor revises the wage rates, the revised rate as provided by the public body shall apply to this contract and the Contractor will not be allowed additional compensation on account of said revisions. Contractor will comply with the Illinois prevailing wage law, as amended from time to time. Not less than the prevailing rate of wages as found by Owner or the Illinois Department of Labor shall be paid to all laborers, workers and mechanics performing work under the Contract. If the Department of Labor revises the prevailing rate of wages to be paid laborers, workers or mechanics under the Contract, Owner will notify Contractor and each Subcontractor of the change in the prevailing rate of wages; provided, however, regardless of whether Owner gives such notice, the revised prevailing rate of wages shall apply to the Contract and Contractor shall have the sole responsibility and duty to pay, and ensure that all Subcontractors pay, the revised prevailing rate of wages to each person to whom a i revised rate is applicable. Revision of the prevailing wages shall not result in an increase in the Contract sum or other cost to Owner. Contractor shall indemnify, defend and hold. Owner harmless from any loss, including but not limited to Owner's attorneys fees,resulting I Paqe 7 from Contractor's failure to comply with this prevailing wage clause. All bonds applicable to the Contract shall include a provision as will guarantee the faithful performance of the obligation to pay the prevailing rate of wages. The Contractor and each subcontractor shall make and keep, for a period of not less than 3 years, records of all laborers, mechanics, and other workers employed by them on the project; the records shall include each worker's name, address, telephone number when available, social security number, classification or classifications, the hourly wages paid in each period, the number of hours worked each day, and the starting and ending times of work each day. The Contractor and each subcontractor shall submit monthly, in person, by mail, or electronically a certified payroll to the public body in charge of the project. The certified payroll shall consist of a complete copy of the records. The certified payroll shall be accompanied by a statement signed by the Contractor or subcontractor which states that: (i) such records are true and accurate; (ii) the hourly rate paid to each worker is not less than the general prevailing rate of hourly wages required; and (iii) the Contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class B misdemeanor. Upon 2 business days' notice, the Contractor and each subcontractor shall make available for inspection the records to the public body in charge of the project, its officers and agents, and to the Director of Labor and his deputies and agents at all reasonable hours at a location within this State. The Contractor and each subcontractor shall permit his/her employees to be interviewed on the job, during working hours, by compliance investigators of the Department or the Department of Labor. 16. 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. 17. EXECUTION OF DOCUMENTS The Contractor,in signing his Bid on the whole or on any portion of the work,shall conform to the following requirements: Bids signed by an individual other than the individual represented in the Bid documents shall have attached thereto a power of attorney evidencing authority to sign the Bid in the name of the person for whom it is signed. Bids which are signed for a partnership.shall be signed by all of the partners or by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the Bid a power of attorney evidencing authority to sign the bid,executed by the partners. Paqe 8 Bids which are signed for a corporation shall have the correct corporate name thereof and the signature of the President or other authorized officer of the corporation manually written below the corporate name. If such Bid is manually signed by an official other than the President of the Corporation, a certified copy of a resolution of the board of directors evidencing the authority of such official to sign the Bid should be attached to it. Such Bid shall also bear the attesting signature of the Secretary of the corporation and the impression of the corporate seal. The Contract shall be deemed as have been awarded when formal notice of award shall have been duly served upon the intended awardee. 18. EMPLOYMENT OF ILLINOIS WORKERS DURING PERIODS OF EXCESSIVE UNEMPLOYMENT: The Contractor shall comply with all Illinois statutes pertaining to the selection of labor. Whenever there is a period of excessive unemployment in Illinois, which is defined herein as any month immediately following 2 consecutive calendar months during which the level of unemployment in the State of Illinois has exceeded 5 percent as measured_by the United States Bureau of Labor Statistics in its monthly publication of employment and unemployment figures, the Contractor shall employ only Illinois laborers. "Illinois laborer" means any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident. Other laborers may be used when Illinois laborers as defined herein are not available, or are incapable of performing the particular type of work involved, .if so certified by the Contractor and approved by the Municipality. The Contractor may place no more than 3 of his regularly employed non-resident executive and technical experts, who do not qualify as Illinois laborers, to do work encompassed by this Contract during a period of excessive unemployment. This provision applies to all labor, whether skilled, semi-skilled or unskilled, whether manual or non-manual. 19. INDEPENDENT CONTRACTOR: There is no employee/employer relationship between the Contractor and the Village. Contractor is an independent Contractor and not the Village's employee for all purposes, including, but not limited to, the application of the Fair Labors Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the Worker's Compensation Act (820 ILCS 305/1, et seq.). The Village will not (i) provide any form of insurance coverage, including but not limited to health, worker's compensation, professional liability insurance, or other employee benefits, or (ii) deduct any taxes or related items from the Page ' 9 monies paid to Contractor. The performance of the services described herein shall not be construed as creating any joint employment relationship between the Contractor and the Village, and the Village is not and will not be liable for any obligations incurred by the Contractor, including but not limited to unpaid minimum wages and/or overtime premiums, nor does there exist an agency relationship or partnership between the Village and the Contractor. 20. APPROVAL AND USE OF SUBCONTRACTORS: The Contractor shall perform the Services with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved by the Village in writing. All subcontractors and subcontracts used by the Contractor shall be acceptable to, and approved in advance by, the Village. The Village's approval of any subcontractor or subcontract shall not relieve the Contractor of full responsibility and liability for the provision, performance, and completion of the Work in full compliance with, and as required by or pursuant to, this Contract. If the Contractor chooses to use subcontractors to perform any of the Work, the Work performed under any subcontract shall be subject to all of the provisions of this Contract in the same manner as if performed by employees of the Contractor. Every reference in this Contract to "Contractor" shall be deemed to also apply to all subcontractors of the Contractor. Every subcontract entered into by the Contractor to provide the Work or any part thereof -- shall include a provision binding the subcontractor to all provisions of this Contract. If any personnel or subcontractor fail to perform the part of the Work undertaken by it in a manner satisfactory to the Village, the Contractor shall immediately upon notice from the Village remove and replace such personnel or subcontractor. The Village shall have no claim for damages, for compensation in excess of the contract price, or for a delay or extension of the contract time as a result of any such removal or replacement. 21. ASSIGNMENT Neither the Village nor the Contractor shall assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld. 22. GOVERNING LAW This Contract and the rights of Owner and Consultant under this Contract shall be interpreted according to the internal laws,but not the conflict of laws rules, of the State of Illinois. Venue for any action related to this Contract will be in the Circuit Court of DuPage County, Illinois. 23. CHANGES IN LAW Unless otherwise explicitly provided in this Contract, any reference to laws shall include such laws as they may be amended or modified from time to time. Paqe 10 24. TIME The Contract Time is of the essence of this Contract. Except where otherwise stated, references in this Contract to days shall be construed to refer to calendar days. 25. CONTRACT TERM This contract is for the three (3) years of 2016, 2017 and 2018. The Village has the option to renew for two (2) additional one (1) year terms in 2019 and 2020. The Contract is subject to the right of the Village to cancel and terminate the same at any time, with or without cause,by giving not less than ten (10) days notice to the Contractor. In the event of such cancellation, the Contractor shall be entitled to receive payment for services and work performed and materials and equipment furnished under the terms of the Contract prior to the effective date of such cancellation, but shall not be entitled to receive any damages on account of such cancellation or any further payment whatsoever. i Paqe 11 Section D •Specifications SCOPE OF SERVICES The intent and purpose of these specifications is to describe the procedures for the testing, repair and or replacement of water meters as directed by the Village of Oak Brook. SCHEDULING Upon notification by the Village via a Work Order/Service Request form, the Contractor shall make arrangements with the owner of said premises to schedule certain time(s) that the building water meter can be tested/repaired, and if necessary replaced. If required by the owner.of the premises, night time hours and weekends shall be utilized if scheduling cannot be accomplished during the day. Any additional costs for night time and/or weekend work shall be incidental to the contract. - Once the Contractor has been notified by the Village to begin scheduling, said scheduling shall be completed within twenty-one (21) days and the actual water meter tested, repaired, and/or replaced within forty-five (45)days of notification by the Village. If the Contractor has unusual difficulty with the owner of premises for scheduling said work, the Contractor shall notify the Village immediately. CREW COMPOSITION If the water meter is located within the building proper, a two (2) person crew shall be required. If, however, the water meter is located within a water meter vault, all "confined space entry" procedures, as required under Part 1910 of the Occupational Safety and Health standards of the Occupational Safety and Health Administration (OSHA) shall be followed. Bidders shall submit a copy of their `Confined Space Entry' program with their bid. All Contractor's personnel working in `Confined' spaces must be trained in the proper procedures. Evidence of training must be submitted with the bid. If water meter replacement is required and authorized by the Village, said replacement must be supervised by a licensed plumber with the State of Illinois. Certification of plumbing license shall be presented to the Village as part of the bid submittal. TRAVEL TIME This shall be incidental to the contract prices. RESPONSIBILITY FOR DAMAGES In addition to the Contractor's responsibilities and obligations under Section C.10 of this Bid Package, the Contractor shall be solely responsible for any damage to plumbing or appurtenances resulting from testing, repair and/or replacement if it is determined that said damage was a result of the Contractor's workmanship or negligence. Repair and/or replacement of water meter isolation valves that fail or break during operation to isolate the water meter for testing, repair and/or replacement shall be at the expense of the owner of the premises. Page 1 METER TESTING/REPAIR/REPLACEMENT PROCEDURE Contractor shall first test the water meter for accuracy in accordance with C-700 of the American Water Works Association (AWWA) standards, however, for compound water meters, the Contractor shall test the water meter at six (6) flow rates, not three (3). If the water meter accuracy falls within the standards as set by C-700, no further work is to be performed. If the water meter accuracy falls below C-700, the meter shall be repaired by the Contractor and retested to AWWA standards. If major components are required for the repair, the Village shall be notified and approval granted before the repair work is undertaken. Major components are defined as: Rotor assemblies, gear train assemblies, cross over valves, change gears, coordinators, check valves and registers. All other parts are incidental to the contract prices. Contractor to supply manufacturer's replacement parts listing prior to work performed. If, in the opinion of the Contractor and concurred with by the Village in advance and in writing, the water meter shall be replaced with a water meter supplied by the Village. TEST METERS Water meters that are to be used by the Contractor for performing the metering testing must have been tested for accuracy by an independent agency or company within the past year from the date of the bid, and annually, thereafter. Test meter accuracy certification must be submitted with the bid. WARRANTY In addition to any manufacturers' warranties, Contractor's workmanship and all replacement parts utilized shall be warranteed for a period of 1 year from'the time of the work. If the meter becomes inoperable within the year period and it is found that the malfunction was a result of poor workmanship and/or replacement part failure, the Contractor shall make the necessary repairs at no cost to the Village. Page 2 Section E Special Conditions Not Applicable Page 1 Section F Statement of Bidder's Qualifications All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he or she desires. 1. Name of Bidder: Water Services Company cA' S)I s nois- 2. Permanent main office address: 848 Olive Street, Elgin, IL 60120 3. When organized: October 1985 4. If a corporation,where incorporated: State of Illinois 5. How many years have you been engaged in the contracting business under your present firm or trade name: 30 Years 6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion) Village o f Schaumburg $5 0, 0 0 0.0 0 Village of Lisle $89,500. 00 7. General character of work performed by your company: Meter 'resting, Leak Survey Meter installations 8. Have you ever defaulted on a contract: No Water Services has not defaulted a contract 9. List, on an attached sheet,the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. Include a contact person and phone#for each. 10. List your major equipment available for this contract: Meter Testing Cart, Confined Space Equipment. 11. Experience in work similar in importance to this project: 30 Years 12. Background and experience of the principal members of your organization, including the officers. Michael J Pedone 51% President, Bret A Pedone 24 .5°% Vice President Michael D Pedone 24.5%, Peggy Pedone Secretary 13. Credit available: $S00, 000. 00 i I i i Page 1 I' 14. Bank reference: BMO Harris Bank NA Bartlett 15. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Village of Oak Brook: A Reasonable Request 16. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the Village of Oak Brook in verification of the recitals comprising this Statement of Bidder's Qualifications. DATED at 1 ,Illinois this 11:!:�day of 70 -Ce W^)-%s ,2015 Title STATE OF ILLINOIS) )SS. COUNTY OF t00� ) hk�m being duly sworn deposes and says that he is the of and that the answers to the. foregoing questions and all statements therein contained are true and correct. SUBSCRIBED and sworn to before me this )� day of ,2015 OFFICIAL SEAL June Termini Notary Public Notary Public,State Of INInds Commission ices 05!28/2016 Page 2 Section G References Bidder shall supply the following information listing at least five customers for which the bidder has supplied a similar type of commodities, service, or construction. 1. Company Name: Village of Schaumburg Address: 714 S Plum Grove Rd, Schaumburg, IL 60193 Phone#: 847-923-6641 Contact: Brian Wagner 2. Company Name: village of Lisle Address: 925 Burlington Ave, Lisle IL 60532 Phone#: 630-271-4187 Contact: John Valenti 3. Company Name: Village of Glendale Heights Address: 300 Civic Center Plaza Phone#: 630-260-6040 Contact: Jeff McCumber 4. Company Name: Illinois American Water Address: 1000 Internationale Parkway, Woodridge IL 60517 Phone#: Terry Harrington Contact: 630-739-8818 5. Company Name: Village of Bloomingdale Address: 305 Bloomingdale Rd, Bloomingdale IL 60108 Phone#: 630-671-5851 Contact: Elias Vega Page 1 Section H Bid Certification The undersigned, being first duly sworn an oath, deposes and states that he has the authority to make this certification on behalf of the bidder for the construction, product, commodity, or service briefly described as follows: "Water Meter Testing/Repair/Replacemenf (A) The undersigned certifies that, pursuant to Chapter 720, Section 5/33E of the Illinois Compiled Statutes, 1993,the bidder is not barred from bidding on this contract as a result of a conviction for the violation of State of Illinois laws prohibiting bid-rigging or bid-rotating. (B) The undersigned states under oath that, pursuant to Chapter 65, Section 5/11-42.1-1 of the Illinois Compiled Statutes, 1993, the bidder is not delinquent in the payment of any tax administered by the Illinois Department of Revenue. (C) The undersigned certifies that, pursuant to Chapter 775, Section 5/2-105.of the Illinois Compiled Statutes, 1993, the bidder has a written sexual harassment policy in place including the following information: 1. An acknowledgment of the illegality of sexual harassment. 2. The definition of sexual harassment under State law. 3. A description of sexual harassment,utilizing examples. 4. The Contractor's internal complaint process including penalties. 5. The legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission. 6. Directions on how to contact the Department or the Commission. This business firm is:' (check one) xx Corporation Partnership Individual Firm Name: Water Service Company � �noO Address: 848 Olive Street City, State,ZIP: Elgin, IL 60120 Signature: Name Printed: Anthony Gattuso Title: Operations Manager Telephone: 847-697-6623 Date: 12/17/2015 Paqe 1 ATTEST: -SEAL- SUBSCRIBED SWORNTO befo e this day of ,2015. FFICIAL SEAL Julie Termini Notary Public,State Of Illinois Commission Expires 05/28/2018 I i4! I Page 2 Section I Contract Water Meter Testing/Repair/Replacement 1. THIS AGREEMENT, made and concluded this day of-�' 2016 between the Village of Oak Brook, a municipal corporation, actin bya�d�through its President and Board of Trustees, known as VILLAGE, and 010--t> his executors administrators, successors or assigns,known as CONTRACTOR.&)w V& �tt`naQ• MCA 2. WFFNESSETH: That for and in consideration of the payments and agreements mentioned in the Bid hereto attached, to be made and performed by the VILLAGE, and according to the terms expressed in the Bond (if applicable) referring to these presents, the CONTRACTOR agrees, at their own proper cost and expense, to do all work, furnish all materials and all labor necessary to complete the work in accordance with the plans and specifications hereinafter described, and in full compliance with all of the terms of this Contract. 3. PERIOD OF CONTRACT: This Contract is for the three (3) years of 2016, 2017; and 2018. The Village has the option to renew the contract for two (2) additional one (1) year terms in 2019 and 2020. This Contract is subject to the right of the Village to cancel and terminate the same at any time, with or without cause, by giving not less than ten (10) days notice to the Contractor. In the event of such cancellation,the Contractor shall be entitled to receive payment for services and work performed and materials and equipment furnished under the terms of the Contract prior to the effective date of such cancellation, but shall not be entitled to receive any damages on account of such cancellation or any further payment whatsoever. 4. And it is also understood and agreed that the entire Bid P p age hereto attached, approved by the VILLAGE of the State of Illinois this kday of `L 2016, are all essential documents of this contract and are a part hereof. 5. IN WITNESS WHEREOF, the said parties have executed these presents on the above mentioned date. Page 1 ATTEST- VILLAGE OF O BROOK By Lb Charlotte Pruss Riccardo F. Ginex Village Clerk Village Manager ATTEST: `-� Corporate Name 1 Secre Contractor Partners doing Business under (If a Co-Partnership) the firm name of Party of the Second Part (If an Individual) Party of the Second Part I Page 2 I I SEXUAL HARASSMENT CERTIFICATE WPA. Ser%JVA.. C o.nP..,,/ o IL SA-00% hereinafter referred to as"Contractor"having submitted a bid/proposal for ie( . r �-tes�,..,� ,�al,�,....a to the Village of Oak Brook, DuPage/Cook Counties, Illinois,hereby certifies that said Contractor has a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105(A)(4)including the following information: 1. An acknowledgment of the illegality of sexual harassment. 2. The definition of sexual harassment under State law. 3. A description of sexual harassment,utilizing examples. 4. The Contractor's internal complaint process including penalties. 5. The legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission. 6. Directions on how to contact the Department of the Commission. 7. An acknowledgment of protection of a complaint against retaliation as provided in Section 6- 101 of the Human Rights Act. Each Contractor must provide a copy of such written policy to the Illinois Department of Human Rights upon request. By. Authorized Ag of Contractor Subscribed and sworn to befszq me this da f �[,201 OFFICIAL SEAL Julie Termini Notary Public,State Of Illinois tary Public Commission ices 05/28/2018 dr�fi}'� GG� I�IO�I Page 3 CONTRACTOR'S CERTIFICATIONS (CONTRACT EXECUTION) M-.eLw*A -Pekefte having executed a contract for W Akwx OU)Iirm the VILLAGE, hereby certifies that said Contractor is not barred from executing said contract as a result of a violation of either Section 5/33E of Chapter 720 of the Illinois Compiled Statutes. (DRUG-FREE WORKPLACE) Contractor deposes, states and certifies it will provide a drug free workplace by complying with Section 3 of the Illinois Drug Free Workplace Act,being 30 ILCS 580/3. Attest/Witness: Suc s 'dder By: _ By: /fit r- H4,04 Name of Contractor's Executing. Officer Title: < Title: I et s Q f w r Title of Contractor's Executing Officer Subscribed and Sworn to befoze me this�_day of ,2016 My Commission Expires: N4K Public OFFICIAL SEAL June Tannin - L'1 AL— Notary Public,State Of IIIInoie Mv Commission Exotres 05/28/2018 Page 4 PREVAILING WAGE AFFIDAVIT I, (n;o�►�,\ 5, t?e& (name of signatory), on oath hereby state and certify that k-JAv (name of Contractor), pursuant to a Contract dated -Z? , 2016 with the Village of Oak Brook for the W+a—r h-T.54 Project, has -T.54's�f 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. W 'A (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: B . Title: OFF1C sw�EN.�`v SUBSCRIBED AND SWO TO BEFORE JUNG TOM" ME THIS��DAY F 7, A'15 ,,,m' �s ARY PUBLIC ��mz'o Page 5 CERTIFICATION OF PAYROLL RECORDS �k. '�ekwtc. (name of person executing this certificate), do hereby certify that I am the duly qualified and acting (title) for 6j•rN-+r Sdt4,c-: C-wt2l 04 -r •s-g (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: 1' Z 7 72016 (Name of Contractor) 4(Signature) i (Printed Name) j0R4s1 e/ r (Title) OFFICUU. ,WDD Termlyd P State Of iNHwb Subscribed and s rn to before me 1 on ireS05 Ole ;tary P;_day o , 201 Public Page 6 i a3, REVIEW OF CONTRACTS Awarding Agency: < a of Contract: < penartment: � Program/Account Number: Awarded Contract Price: Budgeted Amount: "It I S-7 '�.7+mmR6rhw .n• h•.f '"{y �rpy` , �..'+Yfi ti r:.R '� � E3 under$20,000 $500,001 - $1,000,000 $20,000 -$500,000 [] Over $1,000,000 Now ME n1 1.)-IQ n C A oL Name: Date: Name: Date: Name:ame: , Name: Date: Three (3) Originals signed by other party Date/Initials9 t� r Original provided to staff member for other party Date/Initlal -� 1 1 Original provided to Offlclal Files Date/Initiala . village of Oak Brook I Approved by Board of Trustees- Date/Initlats: j 1 ` ' I