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Water Meter RFP Final VILLAGE OF OAK BROOK REQUEST FOR PROPOSAL ACQUISITION OF A FIXED AUTOMATIC WATER METER READING SYSTEM AND REPLACEMENT PROGRAM MARCH 2017 Please mail all responses to: Rania Serences Senior Purchasing Assistant Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 1 Table of Contents Page # 1.0 Introduction 3 1.1 Purpose of Request 3 1.2 Background 3 1.3 Project Description 3 1.4 Project Objective 3 1.5 Professional Services Required 4 1.6 Village of Oak Brook Contacts 4 1.7 Deadline of Receipt of Proposals and Submittal Address 4 1.8 RFP Process Schedule 4 2.0 Functional Requirements 5 2.1 General 5 2.2 SYSTEM Description 6 2.3 Transmitter Modules 6 2.4 Radio Frequencies 7 2.5 Meter Compatibility 7 2.6 Retrofit Hardware Requirements 8 2.7 Fixed Network Data Collection Device 8 2.8 Software for Advanced Meter Infrastructure Data Processing 8 2.9 Requirements for Reads 9 2.10 FCC Licenses 9 2.11 SYSTEM Planning for Data Collection Device Locations 9 2.12 Implementation 9 2.13 Warranty and Customer Support 10 2.14 SYSTEM Pricing 10 2.15 Ownership 10 2.16 Company Stability and Market Standing 10 3.0 Scope of Services 10 4.0 Required Proposal Content 11 4.1 Specific Proposal Content 11 4.2 Schedule of Prices 13 4.3 Miscellaneous Proposal Information 15 5.0 Procurement of Professional Services 15 5.1 Proposal Evaluation and Final Selection 15 5.2 Negotiations Guidelines 16 5.3 Standard Agreement 16 5.4 Compensation and Payment 16 5.5 Bonds and Insurance 16 5.6 General Terms, Conditions & Instructions 19 6.0 Appendix 23 6.1 Proposal Certificate 23 6.2 Sample Village Contract 24 6.3 Sample Performance and Payment Bond 29 6.4 Exhibits “A” through “D” 33 2 REQUEST FOR PROPOSAL ACQUISITION OF A FIXED BASE AUTOMATIC WATER METER READING SYSTEM AND REPLACEMENT PROGRAM 1.0 INTRODUCTION 1.1 Purpose of Request The Village of Oak Brook is seeking proposals from qualified Firms experienced in the implementation and use of fixed base automatic water meter reading systems and installation of water meters. The fixed base automatic water meter reading system and meters hereinafter shall be referred to as (the “SYSTEM”), is to be purchased by the Village of Oak Brook and installed by a qualified Firm. All constraints/limitations associated thereto will be the responsibility of the selected Firm to manage in order to deliver a “turnkey” SYSTEM within the awarded project contract price, as well as the approved installation time frame. The Village of Oak Brook has appropriated funding for this SYSTEM in its FY 2017 budget. The scope of work should anticipate completing the entire SYSTEM within one year from the date of Award. 1.2 Background Currently, the Village utilizes an ACLARA water meter reading system for approximately 5,534 meters and is seeking to update that system as well as implement a community-wide meter replacement program. Upon review of the Proposals, the Village anticipates purchasing a SYSTEM including all meters, collectors, transmitters, hardware, software and all necessary appurtenances to secure all water meter readings for the entire Village service area. 1.3 Project Description We are requesting a proposal for the SYSTEM to read water meters in an automated and cost effective manner. Upon completion of the installation of the SYSTEM, the Village shall own the entire SYSTEM infrastructure including, but not limited to, meters, collectors, transmitters, hardware, software and all necessary appurtenances. Authorized Village designees must be able to access all collected data at any time in order to perform daily operations, provide customer support, and data analysis. It is the intent of the Village of Oak Brook that once a Firm is selected and a contract is awarded by the Village Board, the Firm and its sub-contractor(s) will furnish a “turnkey” project from the acquisition of the equipment to project closeout. Further information on the project scope is contained in Section 2.0 (Functional Requirements) and 3.0 (Scope of Services). 1.4 Project Objective It is the intent of the Village of Oak Brook to issue a single contract to the selected Firm hereinafter referred to as (the “TEAM”) to provide all the necessary services to install and implement the SYSTEM. The SYSTEM shall be functional, efficient and of high quality to the maximum extent possible. This will be a “turnkey” project, functioning under a single contract. There will be no independent contracts issued by the Village of Oak Brook to any other contractor. It is the objective of the Village of Oak Brook to closely mirror the concept of “Design – Build” in order to obtain this “turnkey” SYSTEM. 3 1.5 Professional Services Required The selected TEAM must provide all services necessary to meet the objectives of this project. Further information on the services that the Village of Oak Brook anticipates will be needed for this project is contained in Section 3.0 (Scope of Services). Any work that is to be sub-contracted or performed by others in a TEAM proposal shall be clearly defined. All sub-contractor(s) are subject to the Village review and approval. Please note that the Village welcomes both individual and TEAM submittals and offers both the same fair and equitable treatment under a single contract. 1.6 Village of Oak Brook Contacts Primary Contact: Contact for RFP Inquiries: Rick Valent, Public Works Superintendent Rania Serences, Senior Purchasing Assistant 1200 Oak Brook Road 1200 Oak Brook Road Oak Brook, Illinois 60523 1200 Oak Brook 630-368-5276 630-368-5164 rvalent@oak-brook.org rserences@oak-brook.org 1.7 Deadline of Receipt of Proposals and Submittal Address All proposals 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. The envelope must state the project name: “Acquisition of a Fixed Automatic Water Meter Reading System and Meter Replacement Program” Ten (10) copies of the proposal must be submitted to: Rania Serences Senior Purchasing Assistant Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 A Pre-proposal meeting will be held at 9:00 A.M. on Wednesday, March 29, 2017, in the S.E. Dean Board Room of the Butler Government Center, 1200 Oak Brook Road, Oak Brook, Illinois 60523. Attendance at this meeting is mandatory for proposers interested in submitting a proposal in response to this request. Proposals must be received no later than 4:00 p.m. CST on Wednesday, April 26, 2017. Proposals will not be opened publically. Proposals submitted after this time and date will not be accepted and will be returned unopened. No oral, telephone, e-mail or facsimile proposals will be considered. The Village reserves the right to reject any or all proposals, to waive any informality in any proposal, to sit and act as sole judge of the merit of each response submitted, to select a proposer, and to award in any manner that is most favorable to the Village. 1.8 RFP Process Schedule “Request for Proposal” released to all interested parties 4 Mandatory Pre-proposal Meeting and Tour of proposed installation sites for the data collector units with Village staff and interested parties Proposer Questions Due on April 5, 2017 at 12:00 p.m. Issuance of any necessary Addenda Submission of proposals from interested parties Proposal Evaluation by Village Staff Negotiation with selected parties by Village Staff Completion of contract negotiations and contract submitted to Village Attorney for review and recommended approval or denial Award and Execution of contract by Village and Notice to Proceed The above schedule is a guide only, and may be amended as conditions deem necessary. 2.0 FUNCTIONAL REQUIREMENTS 2.1 General The Village seeks to acquire a SYSTEM that meets the following objectives: • Water meter reading in the most cost effective manner possible • Improved customer service through the effective use of customer usage data, customer leak detection, and off cycle meter readings • Improved utility operations and enhanced revenue generation • Ability to migrate from daily consumption reads to more advanced data analysis, should business requirements warrant, without exchanging Automatic Meter Reading modules • Increased meter reading efficiency throughout the service territory This RFP requests the proposal for purchase of the following: • Store and transmit pertinent meter reading, data logging information and tamper data from electronic meter registers • A Fixed Network data collection system to collect readings, usage, leak and tamper information from the transmitter modules, and provide the data to the Customer Service or Billing Department or Management • Firm supplied software and customer support necessary to provide upload billing data files to Village owned Munis software program • Customer support services including assistance with software operation, troubleshooting and reconciling failed devices, network growth and the addition of new devices, training, recurrent software upgrades, and other activities to sustain proper operation of the SYSTEM • Installation of meters, all necessary infrastructure equipment and appurtenances Any systems and services proposed must cover the meter requirements stated below, and must have the flexibility to read other meters as well as the potential for other applications in the future. Further, Firms are expected to propose systems and equipment with sufficient redundancy, such that if a failure of any major system component or part thereof does occur, it will not interrupt the flow of meter reading information to customer revenue systems. The proposal shall contain an explicit comply/exception assessment of whether the system meets each requirement and, whenever necessary, description of compliance to each point. If the system or any part of the system fails to meet any of the following requirements, explain the reasoning that substantiates that the variation from these requirements is not critical. Please note that all answers must reflect current capabilities. Any future capabilities must be stated as such and outlined with a development schedule. 5 Firms are also urged to propose any system, equipment, or other technology not identified in this proposal that would prove beneficial to the Village’s overall SYSTEM. 2.2 System Description 2.2.1 Briefly describe the data flow in the system, listing each component and how they interface. Detail the proposed system configuration. 2.2.2 The system shall be full two-way communication to the water meter transmitter, allowing for not only demand and special reads but programming of the endpoint remotely. The Village of Oak Brook also requires that the proposed AMI system be able to communicate with and operate future remote shut-off valves. . 2.2.3 The system shall ensure accurate time recordings for all readings. 2.2.4 The user interface shall support multiple users across the enterprise. 2.2.5 The system shall be capable of identifying and quantifying customer leaks (after the meter). Please describe how a Village Customer Service Representative would use this feature. 2.2.6 The system should be capable of supporting acoustical leak detection to identify potential leaks in the Village’s water distribution system. 2.3 Transmitter Modules 2.3.1 Give the specifications of the transmitter module (i.e. size, weight, etc). 2.3.2 The transmitter module must be capable of operating in harsh environments. List the environmental specifications of the transmitter module and describe its ability to withstand heat/cold and water intrusion. 2.3.3 The transmitter module must last in the field without need for servicing for a minimum of 20 years. Indicate the expected product life of the transmitter module and any engineering data to support the claim. 2.3.3.1 All transmitter modules must be installed and fully functioning below grade (i.e. basements, crawl spaces, pits, etc.). No exterior installation will be allowed. 2.3.4 List all available options for the installation of the transmitter module into new or existing meters. 2.3.5 The transmitter module must utilize an accurate and reliable encoding technology to capture readings. Describe the encoding technology utilized in the transmitter module. 2.3.6 Describe the power supply utilized by the transmitter module. Battery operated modules must have a minimum battery life of 20 years with engineering data to support the claim. 2.3.7 The transmitter module must be capable of detecting and reporting theft. Describe all tamper sensors/indicators available with the transmitter module. The transmitter module must support cut cable tamper and reprogram detection. 2.3.8 The transmitter shall utilize two-way communications with the data collector to allow for wireless communications between the two devices for re-programming and time synchronization. The transmitter shall be configurable via wireless communications. 2.3.9 Each transmitter shall provide a unique pre-programmed eight digit identification number. Each transmitter shall be labeled with the ID number in both numeric and bar code form. The label shall also display FCC approval information, manufacturer’s designation, and date of manufacture. 2.3.10 The meter transmitter shall be FCC part 90, 101, and 24 approved for licensed band operation and communicate with the collection device using RF modulation designed specifically for AMR/AMI applications. This modulation shall use an error detection and forward error correction scheme capable of recovering up to one bit error every three bits. 2.3.11 The transmitter will have a fixed factory set non-programmable identification number to insure absolute identity of the transmitter within the radio AMR/AMI system. 2.3.12 The transmitter will have the capability of storing a Buyer defined programmable utility code. The utility code will be used to separate different classes of meters and differentiate the transmitter in multi-utility installations. 6 2.3.13 The transmitter will provide multiple transmissions per day at a minimum of (4) per day, with hourly readings. The transmitter shall have the ability for time synchronization. In addition, if the transmitter is configured in hourly usage /consumption profile mode, the transmitter shall also provide the daily meter reading data packet with hourly consumption data for the previous 24 hours. 2.3.14 The system shall incorporate a technology that takes into account interference and collision avoidance. Transmitter modules that operate using single channel Industrial, Scientific and Medical radio band (ISM band) transmitter modules are not permitted. 2.3.15 Firm’s solution must provide the same functionality for both indoor water meters and those located in pit settings. Module proposed for pit setting must be able to withstand the harsh pit environment and have no exposed electrical connections. 2.3.16 Transmitter module must function accurately and not be damaged over an operating temperature range of -40 degree Fahrenheit to +150 degree Fahrenheit. 2.3.17 Indoor remote must function accurately and not be damaged within humidity environments of 0% to 95% relative humidity. 2.3.18 A dual input transmitter module must be available for connecting meters with two registers. 2.3.19 The transmitter module must provide leak detection capabilities including an internal algorithm built into each individual meter transmitter device. Transmitter module must provide for programmable leak detection time periods. 2.3.20 The transmitter module device must be easy to install. 2.4 Radio Frequencies 2.4.1 Define the radio frequency and its licensing to be used for the transmitter modules and the data collection devices and explain why it is selected for the SYSTEM. 2.5 Meters and Meter Compatibility 2.5.1 Advanced Metering Infrastructure (AMI) Firm must be compatible with multiple meter manufacturers. Provide a listing of meter manufacturers and meter model numbers with which the transmitter modules are compatible. State whether the SYSTEM gives the Village the flexibility to purchase meters from multiple Firms. Meter compatibility listings for transmitter modules must be provided. 2.5.2 Currently, the Village owns approximately 5,534 positive displacement, turbo and compound series meters from a variety of manufacturers in various sizes as follows: 3,339 5/8" 511 3/4" 1,256 1" 183 1.5" 125 2" 80 3" 36 4" 4 6" 2.5.3 The proposed meters shall comply with the latest edition of American Water Works Association Standards. The applicable standard shall be stated in the proposal. Displacement type, turbo or electronic flow meters can be proposed based on the meter’s suitability for the application. Proposed meter shall have a meter reading accuracy over its flow range as specified by AWWA standards or better. If proposing an electronic meter indicate the battery life and replacement battery cost. Meter registers shall read in gallons. The registers shall communicate with the proposed meter reading transmitting device. Provide the proposed meter warranty. 7 2.5.4 Firm’s solution must be able to connect to all absolute encoder-type registers. Manufacturer must be able to provide a model number for all meter types. This model number must have the ability to work with encoder type registers. 2.6 Retrofit Hardware Requirements 2.6.1 Describe the equipment and process needed to perform retrofit installations of transmitter modules in the field. 2.7 Fixed Base Network Data Collection Device 2.7.1 Provide the specifications of Fixed Network Data Collection Device (i.e. size, weight, etc.). 2.7.2 The data collection device must be capable of operating in harsh environments. List the environmental specifications of the data collection device. 2.7.3 List all possible network backhaul options that the data collection device can support. 2.7.4 The Village desires that the SYSTEM is designed to minimize data collection points to reduce data backhaul and location lease expenses, as well as reduce inventory and maintenance requirements. These data collection points should be located on Village property to minimize vandalism opportunities. The proposed system must have the ability to migrate from a walk-by or drive-by system to a fixed base system without the requirement for a field visit. 2.7.5 Each tower collection device shall provide a live, two-way connection with the back-end computer system. 2.7.6 Define the performance characteristics of the data collection device (read rate, accuracy, etc.). 2.7.7 Indicate the capacity of readings obtained by the data collection device in an eight-hour day. 2.7.8 The SYSTEM must verify data integrity in every message. 2.7.9 Define any applicable warranties associated with the data collection device. 2.7.10 The data collection device must be easy to install. Describe installation procedures. 2.7.11 The data collection device must store 10 days of hourly data logging for 10,000 transmitter modules (if 60 minutes intervals selected). 2.7.12 The data collection device must have the capability to receive software upgrades via the network. 2.7.13 The data collection device must be capable to interface to a Windows 7 – 10 supported computer . 2.7.14 The data collection device must provide diagnostics capability to allow troubleshooting via the network. 2.7.15 Explain how the data collection device keeps time and what standard time keeping mechanism/system it uses to ensure accuracy. 2.7.16 Define the data collection devices power options. 2.7.17 The Village requires a battery backup or an alternative power source for the collection device in the event of a power failure. Please provide information on how long the device can run on battery before a recharge and expected battery life. 2.7.18 The Village requires guaranteed reliability to ensure reads are received from each transmitter module under the network on a daily basis. What means are in place in the solution to ensure a 100% probability of a daily read or a 100% weekly read probability? 2.7.19 Firm’s Fixed Based Network solution should allow for maximum spacing between data collectors in the Village’s territory. Describe the range of the data collectors indicating radius from the collector without the use of relay collectors. 2.7.20 Define any other options for data collection (e.g., cloud based). 2.8 Software for Advanced Meter Infrastructure (AMI) Data Processing 2.8.1 Describe the SYSTEM that manages the data collection device, and how it schedules uploads from the collectors. Describe how the SYSTEM processes the data it receives from the data collection devices. 8 2.8.2 AMI System will use a standard operating system and database which fully supports a WAN-based system. The Firm will specify the manufacturer, product name and product version of the operating system and database that the SYSTEM operates on. 2.8.3 The proposed SYSTEM must provide the ability to store a minimum of 40 days of meter reading data including hourly data logging information for up to 100,000 transmitter modules. 2.8.4 The Village must be able to submit customer data (name, address) to the SYSTEM via a standard file format (for access and search options in the user interface). 2.8.5 Complete data backup and restore capabilities. 2.8.6 The Firm must also provide software upgrades to the data collection devices and system software as required by the SYSTEM (must also be included in the cost of the proposal). 2.8.7 Describe the customer support for the AMI system inclusive of phone support, communications trouble shooting and proactive network monitoring. 2.8.8 Specify management reports available with the SYSTEM. 2.8.9 Define any other options for data processing (e.g., cloud based). 2.8.10 Describe the ability of customer interaction with the system via the internet, applications, etc. 2.8.11 The SYSTEM must meet Munis’ Standard Mass Meter Replacement file layout specifications. 2.9 Requirements for Reads 2.9.1 Scheduled Reads Daily consumption reads must be collected, time stamped, and available to the Village for all water customers daily. The time must be provided by the transmitter module, must be a real time clock, and must be synchronized daily to a Village acceptable standard. The transmitter modules must provide the following types of readings: • A leak detection value must be transmitted each time the module transmits a signal to the data collector. • This value must be the minimum amount of water usage over the previous 24 hour period. • Data logging time slots must be time synchronized and programmable for 15 minutes, 30 minutes, 60 minutes, or daily. • A minimum of one (1) and up to six (6) consumption reads per day with a battery life of 20 years. • Capability of real time on-demand reads. 2.10 FCC Licenses 2.10.1 If a FCC license is required, the Firm must assist in acquiring the license. Please define timetable for acquiring FCC license. 2.11 SYSTEM Planning for Data Collection Device Locations 2.11.1 Please list all available mounting options. 2.12 Implementation 2.12.1 The Firm, and its representatives, shall have a proven program of professional project management to ensure successful SYSTEM installation. Project managers shall be experienced in managing the design, installation and optimization of systems. Project management experience shall include SYSTEM integration and training support. 2.12.2 Describe the experience in implementing SYSTEMs such as those proposed here. 2.12.3 During implementation phase, the existing (ACLARA) and newly installed systems shall be fully functional in providing monthly usage information of the entire water system for billing purposes. 9 2.12.4 During the meter replacement process the selected TEAM shall be responsible for changing the existing water meters in the Village. The TEAM shall call and schedule appointments with the Village’s customers to replace meters. The TEAM’s members proposed for the meter changeout shall go through a background check, wear uniforms and carry identification with them. Weekly progress report shall be provided to the Village during the meter changeout program. 2.12.5 All old meters being replaced shall be returned to the Village tagged with the address, customer account number, and free of damage. 2.13 Warranty and Customer Support 2.13.1 Specify the warranty period on all applicable products. 2.13.2 State how long the company has supported existing AMI product lines. 2.13.3 AMR/AMI Firm must have sold, installed and put into operation the SYSTEM that is being proposed to the Village of Oak Brook to assure knowledge and familiarity with the proposed SYSTEM, and the AMR/AMI Firm shall comply with all AWWA Industry Standards as they relate to the SYSTEM that is being proposed to the Village of Oak Brook. 2.13.4 Firm must supply 24-hour per day customer support, 7 days a week. Specify details of the Firm's support package. 2.14 SYSTEM Pricing 2.14.1 Please use Schedule of Prices in Section 4.2 and describe in detail the complete pricing for the SYSTEM proposed. 2.14.2 Please include any assumptions made in the proposed solution and pricing. 2.15 Ownership 2.15.1 The proposed business transaction shall be a purchase of the SYSTEM by the Village of Oak Brook. 2.15.2 The Village shall own all data collected by the SYSTEM. Data collected by the SYSTEM shall not be used for any purpose without the written approval of the Village of Oak Brook. 2.16 Company Stability and Market Standing 2.16.1 Provide company profile and background. 2.16.2 Provide detailed manufacturer’s financial and market standing information. 2.16.3 Provide legal documentation of the Firm’s complete proprietary ownership of the SYSTEM and its technology that is being proposed for use to the Village of Oak Brook. 2.16.4 It is preferred but not mandatory that the majority of the components of the SYSTEM be produced in the United States in a manner that complies with the Buy American Requirements. 3.0 SCOPE OF SERVICES The selected Firm shall manage the acquisition of equipment from the manufacturer and oversee all sub- contractor(s) as awarded. Furthermore, all materials, methods, and workmanship shall be in conformance with all related standard practices of the construction industry, Federal, State, County and Village standards. It is anticipated that the SYSTEM shall be in an operational state immediately after the start of the project and fully implemented within one year from the date of Notice to Proceed. The selected Firm must provide all services necessary to meet the goals and objectives of this project. It is the intent of the Village of Oak Brook that this will be a “turnkey” project to deliver the requested SYSTEM within an approved budget and mutually agreed upon time frame. From the Village of Oak Brook’s 10 perspective, the services by the selected Firm, as a minimum, include, but shall not be limited to, the following: Meet with the Department of Public Works staff as necessary to establish the process for conducting the data collector and transmitter module installation. Advise the Village of Oak Brook, in writing, of any suggestions for more efficient, cost effective methods and if any infrastructure is not covered under this proposal. Verify that all sub-contractors are properly licensed and insured (i.e. liability, workers compensation, vehicle, full background check, etc.). Oversee the work of all sub-contractors in order to maintain the project within the approved budget and manage the project schedule to final completion. Provide consistent and timely on-site inspections as required to ensure the highest work quality, as well as design and specification compliance. Serve as an advisor to the Village of Oak Brook during the installation phase and assist the Department of Public Works during this project, as needed. Actively coordinate the work and scheduling of each individual sub-contractor. Maintain a daily detailed project record of conflicts, work completed, and decisions made. Resolve conflicts between the various trades in a timely manner. Verify the amounts owed to each sub-contractor as the project progresses and certify progress payments. Verify receipt of lien waivers from each sub-contractor. Prepare change orders for the Village of Oak Brook’s review, approval, and execution. Provide detailed justifications regarding the purpose and cause of each submitted change order. All change orders must be submitted to the Village of Oak Brook, in writing, for approval prior to any work relating to the change order proceeding. 4.0 REQUIRED PROPOSAL CONTENT 4.1 Specific Proposal Content The proposal should thoroughly address the project objectives; equipment and work to be provided, personnel staffing, and projected schedule for project completion. The latter shall cover the completion of the various work stages and tasks associated with each major step of the project. Also included should be an outline of the proposed sub-contractor(s). For the purpose of evaluating the proposals from the participating submitters, the Village of Oak Brook will review, at a minimum, the following proposal components: Identification of the overall project manager and most relevant past project management experiences. This shall include a minimum of three (3) representative projects; include the project description, level of professional involvement and performance related to cost control, as well as the ability to meet projected installation deadlines. Identification of the project TEAM with a clear description of the role each member of the TEAM will serve during this project. If sub-contractors are proposed, this information shall also be provided. 11 A detailed scope of overall work and services to be provided by the TEAM. Although the Village of Oak Brook has attempted to identify the basic work and services required in this “Request for Proposal”, this should not constrain any submitting firm in the development of a scope they believe is necessary to meet the Village of Oak Brook’s overall objectives. The Village of Oak Brook will be receptive to alternative scopes of service that result in a complete “turnkey” project that is both cost effective and completed within a timely manner. The scope of overall work and services must demonstrate the submitting TEAM’s understanding of the project’s objectives, priorities, and challenges. A project schedule that identifies projected important milestones and decision points for each major work task. A histogram should accompany the schedule identifying man-hours by personnel class and work tasks anticipated in order to complete the proposed project. Describe the meter changeout program in detail including proposed timeline. Experience with similar programs executed in the last 5 years shall be provided. Provide references for these programs. Information on the utilization of available technology by the submitting Firm to accurately and efficiently accomplish the project. Documentation indicating the financial stability of each sub-contractor associated with the submitting Firm. Any current adverse situations such as litigation (pending and/or probable), claims, disputes, etc. must be disclosed and sufficient documentation must be given to show that such situations will not negatively financially impact this project or the ability of the Firm member(s) to fulfill their contractual obligations during the course of this project. Other relevant material, as needed, to exhibit the submitting Firm’s ability to perform the necessary work to provide a “turnkey” SYSTEM, and to provide adequate information to the Village of Oak Brook to evaluate the proposal in its entirety. Any items not covered for the specific Firm’s SYSTEM should be added to reflect the complete installation and operating costs of the Firm’s SYSTEM. Please use the Schedule of Prices in section 4.2 on the following page. All responses shall correlate with associated section and sub-section numbers. The proposal will be used as the basis for negotiations leading to final contractual scope of services and contract fee for the project. Should the evaluation process not result in a clear choice as to the top rated Firm, the fee proposal will be used to assist the Village of Oak Brook in determining its final recommendation. 12 4.2 Schedule of Prices No. Item Description Unit of Measure Unit Price Quantity Extended Price 1 Collector, collector antenna, omni directional, incl. mounting hardware* Each 2 Labor for field installation of collector Lump Sum 3 Hard wire electrical Lump Sum 4 Hardware for mounting to railing Lump Sum 5 FCC license fee Lump Sum 6 Data capture and reporting software- 1st year Lump Sum 7 SYSTEM implementation and training package Lump Sum 8 5/8" Water Meter** Positive Displacement Each 3,339 Smart/Electronic Each 3,339 9 3/4" Water Meter** Positive Displacement Each 511 Smart/Electronic Each 511 10 1" Water Meter** Positive Displacement Each 1,256 Smart/Electronic Each 1,256 11 1.5" Water Meter** Positive Displacement Each 183 Turbo Each 183 Compound Each 183 12 2" Water Meter** Positive Displacement Each 125 Turbo Each 125 Compound Each 125 13 3" Water Meter** Turbo Each 80 Compound Each 80 13 14 4" Water Meter** Turbo Each 36 Compound Each 36 15 6" Water Meter** Turbo Each 4 Compound Each 4 16 Transmitters Each 5,534 17 Project management fee 18 Meter Replacement Commercial 400 Residential 5134 19 Yearly maintenance service fee 20 Yearly FCC license fee Identify Any Additional Pricing Below This Line 21 22 23 24 25 26 * Quantity per Propagation Study ** Estimated Quantities-Meters Only 14 4.3 Miscellaneous Proposal Information The Village of Oak Brook reserves the right to accept or reject, either in whole or part, any and all submittals in response to this request, with or without cause, and to waive informalities in any submittals which are in the best interest of the Village of Oak Brook. All material submitted regarding this “Request for Proposal” becomes the property of the Village of Oak Brook and will be returned to the submitting Firm(s) at the Village of Oak Brook’s sole discretion. Responses may be reviewed by any person, including the general public, after the final selection has been made. The Village of Oak Brook reserves the sole right to use any or all ideas presented in reply to this request. Disqualification of a specific Firm does not eliminate this right. The Village of Oak Brook is not liable for any costs incurred by any Firm prior to issuance of a written agreement, contract, and/or purchase order. The contents of the proposal of the successful Firm will become part of a contractual obligation if the Village of Oak Brook wishes to execute a contract based on the submitted proposal. Failure of the successful Firm to accept these obligations in a purchase agreement, purchase order, contract, and/or similar legal document may result in cancellation of the award by the Village of Oak Brook. All documents, drawings, and specifications produced in response to the contract resulting from this “Request for Proposal” will become the sole property of the Village of Oak Brook upon validated compensation of the Firm for services rendered to date. This will include any original drawings and specifications prepared for this project. The Village of Oak Brook reserves the right to contact any reference and/or client listed in the submitted documents for information which may be helpful to the Village of Oak Brook in evaluating the Firm’s performance on previous assignments and/or projects. The Village of Oak Brook reserves the right to contact any previous professional client(s) regarding any and all members associated with the Firm which may be helpful to the Village of Oak Brook in evaluating the Firm’s performance on previous assignments and/or projects. Firms shall promptly notify the Village of any ambiguity, inconsistency or error that they may discover upon examination of the RFP. Interpretations, corrections, and changes to the RFP will be made by addendum. Interpretations, corrections or changes made in any other manner will not be binding. Questions concerning the RFP must be submitted in writing to Rania Serences, Senior Purchasing Assistant, rserences@oak-brook.org , no later than 12:00 p.m., April 5, 2017. Questions must be submitted by email. A response to these questions will be made by means of an addendum distributed to all Firms, if deemed necessary no later than April 12, 2017. Addenda are written instruments issued by the Village prior to the date for receipt of submittals which modify or interpret the RFP by addition, deletion, clarification or correction. Each Firm shall ascertain prior to issuing a submittal that all addenda issued have been received and, by issuing a submittal, such act shall be taken to mean that such Firm has received all addenda and that the Firm is familiar with the terms thereof and understands fully the contents of the addenda. 5.0 PROCUREMENT OF PROFESSIONAL SERVICES 5.1 Proposal Evaluation and Final Selection 15 Upon receipt of each Firm’s submission the written proposals will be opened and evaluated in private and submittal information will be kept confidential until such time that a recommendation is made to the Village Board. Based on a proposal evaluation, the Village of Oak Brook will negotiate with the selected Firm to finalize the scope of work as well as all associated service fees, for inclusion in the final contract between the parties. If the cost estimate of the proposal is shown by review or analysis to be improper, and/or subsequent negotiations are unsuccessful in bringing the proposal within an acceptable range, the Village of Oak Brook reserves the right to cease discussions with the primary party and initiate negotiations with another party. 5.2 Negotiations Guidelines The selected primary Firm shall participate in fee negotiation meetings with the Village of Oak Brook. The negotiations will cover the Firm’s costs (direct and indirect) and profit or net fee, as may be considered by the Village of Oak Brook to be reasonable. The parties will also agree upon the proposed project schedule and any final adjustments in the project requirements at that time. 5.3 Standard Agreement When the associated costs/fees, as well as contract terms have been agreed upon, the Village of Oak Brook staff will prepare the necessary local legislation requesting approval of an Agreement to enter into a contract. The Agreement that will be entered into by the parties will specify that for purposes of any lawsuit(s) between the parties concerning the contract, its enforcement, or the subject matter thereof, the venue shall be in DuPage County, Illinois, and the laws of the State of Illinois shall govern the cause of action. 5.4 Compensation and Payment The Village of Oak Brook shall reimburse the selected party as may be necessary to complete the requirements of this assignment as set forth in the agreement between the parties. All requests for payment will be required to provide all supporting documentation in accordance with the contract between the parties before any disbursements will be executed by the Village of Oak Brook. During the installation phase, it shall be the responsibility of the party to obtain all waivers of liens from the associated sub-contractors. All contractors and sub-contractors bidding for work involving fixed works constructed for public use must pay prevailing wages as required by the Illinois Prevailing Wage Act (820 ILCS 130) and each participating contractor and sub-contractor at a minimum shall submit a monthly certified payroll to the Village as required under Section 5 of the Prevailing Wage Act (820 ILCS 130/5). 5.5 Bonds and Insurance Insurance Requirements Certificates of Insurance and Additional Insured Endorsement 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 Title 1, Chapter 8 of the Code of Ordinances of the Village of Oak Brook (hereinafter referred to as "Insured") shall be required to carry such 16 insurance as specified herein. Such contractor and permittee shall procure and maintain for the duration of the contract or permit insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work under the contract or permit, either by the contractor, permittee, or their agents, representatives, employees or subcontractors. A contractor or permittee shall maintain insurance with limits no less than: A. General Liability - $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, provided that when the estimated cost of the work in question does not exceed $5,000, the required limit shall be $500,000; B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and property damage; C. Worker's Compensation and Employer's Liability - Worker's Compensation limits as required by the Labor Code of the State of Illinois and Employer's Liability limits of $1,000,000 per accident. Any deductibles or self-insured retention must be declared to and approved by the Village. At the option of the Village, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the Village, its officers, officials, employees and volunteers; or the Insured shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses to the extent of such deductible or self-insured retention. The policies shall contain, or be endorsed to contain, the following provisions: D. General Liability and Automobile Liability Coverage - (1) The Village, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Insured; premises owned, occupied or used by the Insured. The coverage shall contain no special limitations on the scope of protection afforded to the Village, its officers, officials, employees, volunteers or agents. (2) The Insured's insurance coverage shall be primary insurance as respects the Village, its officers, officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the Village, its officers, officials, employees, volunteers or agents shall be in excess of the Insured's insurance and shall not contribute with it. (3) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village, its officers, officials, employees, volunteers or agents. (4) The Insured's insurance shall apply separately to each covered party against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. E. Worker's Compensation and Employer's Liability Coverage The policy shall waive all rights of subrogation against the Village, its officers, officials, employees, volunteers and agents for losses arising from work performed by the insured for the Village. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has been given to the Village. Each insurance policy shall name the Village, its officers, officials and 17 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 subcontractors shall be subject to all of the requirements stated herein. Indemnity The Contractor shall protect, indemnify, save, defend and hold forever harmless the Village and/or its officers, officials, employees, volunteers and agents from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses, including without limitation court costs, insurance deductibles and attorney's fees and expenses, which the Village and/or its officers, officials, employees, volunteers and agents may incur, suffer or sustain, or for which the Village and/or its officers, employees and agents may become obligated by reason for any accident, injury to or death of persons or loss of or damage to property, or civil and/or constitutional infringement of rights (specifically including violations of the Federal Civil Right Statutes), arising indirectly or directly in connection with or under, or as a result of, this or any Agreement by virtue of any act or omission of any of the Contractor's officers, employees, subcontractors, and/or agents, provided that the Contractor shall not be liable for claims, obligations, damages, penalties, causes of action, costs and expenses arising solely by any act or omission of the Village's officers, officials, employees, volunteers and/or agents. The contractor shall hold the Village harmless for any and all claims for labor, material, apparatus, equipment, fixtures or machinery furnished to the contractor for the purpose of performing the work under the contract; and the payment of all direct and indirect damages to any person, firm, company or corporation suffered or sustained on account of the performance of such work during the time the contract is in force. Performance Bond The selected team shall provide a performance bond, as well as labor and material bond in the amount of one hundred percent (100%) of the cost of the project within 14 calendar days of “Notice of Award” by the Village of Oak Brook. Said Bond shall be in a form acceptable to the Village of Oak Brook, shall be deposited with the Village of Oak Brook at the time of execution of the contract and shall provide that they shall not terminate on completion of the work, but shall be reduced to eighty percent (80%) of the contract sum upon completion of the work for a period of one (1) year to cover the first year of guaranty and maintenance period and then subsequently be reduced to sixty (60%) of the contract sum for a period of one (1) year to cover the second year of guaranty and maintenance period and so forth until the bond can be reduced to 0% in the fifth year. Execution of any contract by the Village of Oak Brook is contingent upon the provision of the required Bond by the selected team. As evidence of capability to provide such security for performance, each team shall submit with their proposal either a letter executed by its surety company indicating the teams’ performance bonding capability, or a letter from a bank or savings and loan within the Chicago metropolitan area indicating its willingness and intent to provide a letter of credit for the team. Failure to furnish the required bonding information within the submitted documents may be cause for rejection and no further consideration by the Village of Oak Brook in the selection process. 18 5.6 General Terms, Conditions and Instructions Award and Execution of Contract Acceptance of the Contractor’s Bid Proposal is contingent upon the Village of Oak Brook and Contractor fully executing a written Agreement or Contract for the completion of work on the Project. This Agreement shall include and incorporate those Contract Documents provided and/or referenced in the Project Manual for the Project. If this Bid is accepted, Firm proposes, and agrees, that it shall commence the Work within fifteen (15) calendar days after the issuance date of the Notice to Proceed provided Firm shall have furnished to Owner all required bonds, insurance certificates, and executed Contracts specified in these Contract Documents. The Firm also proposes, and agrees, that it shall perform the Work diligently and continuously and shall complete the Work in accordance with the schedule provided in the General Conditions. The Contract, when executed, shall be deemed to include the entire agreement between the parties. The Contractor shall not claim any modification from representation or promise made by representatives of the Owner or other persons. Non-Discrimination 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. DRUG FREE WORKPLACE Contractor agrees to comply with the requirements of the Drug Free Workplace Act, 30 ILCS 580/1 et seq. A copy of these policies shall be provided to the Owner or Engineer on request. GOVERNING LAW This Agreement shall be governed by the laws of the State of Illinois as to interpretation, performance and enforcement. The forum for resolving any disputes concerning the parties’ respective performance or failure to perform under this Agreement shall be the Circuit Court for the Eighteenth Judicial Circuit, DuPage County, Illinois. PREVAILING 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 19 Contract and Contractor shall have the sole responsibility and duty to pay, and ensure that all Subcontractors pay, the revised prevailing rate of wages to each person to whom a revised rate is applicable. Revision of the prevailing wages shall not result in an increase in the Contract sum or other cost to Owner. Contractor shall indemnify, defend and hold Owner harmless from any loss, including but not limited to Owner's attorneys fees, resulting from Contractor's failure to comply with this prevailing wage clause. All bonds applicable to the Contract shall include a provision as will guarantee the faithful performance of the obligation to pay the prevailing rate of wages. The Contractor and each subcontractor shall make and keep, for a period of not less than 3 years, records of all laborers, mechanics, and other workers employed by them on the project; the records shall include each worker's name, address, telephone number when available, social security number, classification or classifications, the hourly wages paid in each period, the number of hours worked each day, and the starting and ending times of work each day. The Contractor and each subcontractor shall submit monthly, in person, by mail, or 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: such records are true and accurate; the hourly rate paid to each worker is not less than the general prevailing rate of hourly wages required; and 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. LOCAL GOVERNMENT PROMPT PAYMENT ACT This Contract shall be subject to the provisions of the Local Government Prompt Payment Act. 50 ILCS 505/1 et seq. NO DAMAGES FOR DELAY The Contractor agrees that in the event of a delay caused by the Village, it will be given a reasonable extension of time to complete the Contract but will not receive additional compensation. If a delay is caused by the Contractor, the Village shall have available to it all remedies at law or in equity. SITE PROTECTION As required for public safety. Work areas must be secure from public access. DAMAGES DURING COURSE OF CONSTRUCTION Contractor will repair and replace all damaged property, including landscaping, belonging to the Owner and adjacent property owners during the course of the Project. 20 NO WAIVER BY PAYMENT Notwithstanding any language in the General Conditions or any other Contract Document to the contrary or inconsistent with this provision, Owner shall not be deemed to waive any claim or right to assert a claim by making any progress payment or final payment. WAIVER OF LIEN The Village requires for each Application for Payment, a properly completed Contractor’s Affidavit setting out, under oath, the name, address and amount due or to become due, of each sub-contractor, Firm, or party included in that payment. For every party listed, the Contractor shall also provide a full or partial waiver of lien, as appropriate, before a payment will be made to the Contractor. The Contractor’s partial or final waiver of lien must be included. Payment certificates shall not be issued by the Engineer without such mechanics’ lien waivers and Contractors’ sworn statements unless they are conditioned upon receipt of such waivers and statements. Upon satisfaction of the terms and conditions of the Contract and final payment, the Contractor agrees to provide the Owner with a final release and waiver of all liens covering all work performed under the Contract relative to the project including all work performed by all sub-contractors. Said final waiver of lien shall identify and state that all contractors and sub-contractors have been paid in full and there are no contract balances outstanding and owed to any such contractors or sub-contractors. CERTIFICATION TO ENTER INTO PUBLIC CONTRACTS The Contractor certifies that he/she is not barred from contracting with any unit of state or local government as a result of a violation of either Section 33E-3 or 33E-4 of the Illinois Criminal Code or any similar offense of any State of the United States which contains the same elements as the Illinois offenses of bid-rigging or bid rotating. CHANGE ORDERS After execution of the Contract, changes in the Work may be accomplished by Change Order or by order of a minor Change in the Work. No change orders shall be issued for the work under this Contract which authorize or necessitate an increase or decrease in the cost of the Contract by a total of $10,000 or more, or in the time of completion by a total of thirty (30) days or more unless a written determination is made by the Owner or a duly authorized designee of the Owner: The circumstances said to necessitate the change in performance were not reasonably foreseeable at the time the contract was made; or The change is germane to the original contract as signed; or The change is in the best interests of the Village and authorized by law. WARRANTY The Contractor warrants to the Village that the materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects and that the work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Village, the Contractor shall furnish satisfactory evidence as to the kind and quality of material and equipment. 21 In addition to any other obligation set forth in the Contract Documents, if within one year after the completion of the Work on the Project, any Work not found to be in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner. Nothing contained in this or any other provision of the Contract Documents shall be construed to establish a period of limitation with respect to other obligations, which the Contractor might have under the Contract Documents. Establishment of the one-year period for correction of Work relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work.” TIME Time is of the essence under the terms of the Contract. All work shall be fully completed within one year from the date of Notice to Proceed. 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.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. 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. INDEPENDENT CONTRACTOR There is no employee/employer relationship between the Contractor and the Village. Contractor is an independent contractor and not the Village’s employee for all purposes, including, but not limited to, the application of the Fair Labors Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the Worker’s Compensation Act (820 ILCS 305/1, et seq.). The Village will not (i) provide any form of insurance coverage, including but not limited to health, worker’s compensation, professional liability insurance, or other employee benefits, or (ii) deduct any taxes or related items from the monies paid to Contractor. The performance of the services described herein shall not be construed as creating any joint employment relationship between the Contractor and the Village, and the Village is not and will not be liable for any obligations incurred by the Contractor, including but not limited to unpaid minimum wages and/or overtime premiums, nor does there exist an agency relationship or partnership between the Village and the Contractor. 22 (CERTIFICATION UNDER 720 ILCS 5/33E-11) PROPOSAL I, (name), certify that I am employed as the (title) of (company), a candidate for the prime contract for the work described in the proposal to which this certificate is attached, and I hereby certify that I am authorized to make this certificate and that I have personal knowledge of the matters certified to herein, and that the company named above is not barred from contracting with any unit of state or local government as a result of a violation of either Section 33E-3 or 33E-4 of Article 33E of the Illinois Criminal Code of 1961 or any similar offense of any State of the United States which contains the same elements as the Illinois offenses of bid-rigging or bid rotating. ____________________________________ Firm Name By: ____________________________________ Name/Title ____________________________________ Signature SUBSCRIBED AND SWORN to before me this _____ day __________, 2017. ________________________________ Notary Public 23 VILLAGE OF OAK BROOK CONTRACT FOR THE [INSERT NAME OF WORK] Full Name of Contractor __________________________________________________________________________(“Contractor”) Principal Office Address ________________________________________________________________________________ Local Office Address ________________________________________________________________________________ Contact Person _______________________________ Telephone Number _______________________ TO: Village of Oak Brook (“Village”) 1200 Oak Brook Road Oak Brook, Illinois Attention: [INSERT NAME OF VILLAGE CONTACT] Contractor warrants and represents that Contractor has carefully examined the Work Site described below and has reviewed and understood all documents included, referred to, or mentioned in this bound set of documents, including Addenda Nos._____________ [if none, write “NONE”], which are securely stapled to the end of this Contract. 1. Work A. Contract and Work. Contractor acknowledges, and agrees, that Contractor shall, at its sole cost and expense, provide, perform, and complete, in the manner specified and described, and upon the terms and conditions set forth, in this Contract, all of the following, all of which is herein referred to as the “Work”: 1. Labor, Equipment, Materials, and Supplies. Provide, perform, and complete, in the manner specified and described in this Contract, all necessary work, labor, services, transportation, equipment, materials, supplies, information, data, and other means and items necessary for the [INSERT DESCRIPTION OF WORK], as is more fully specified in Exhibit A attached hereto, at the [INSERT DESCRIPTION OF WORK SITE] (“Work Site”); 2. Permits. Procure and furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith; 3. Bonds and Insurance. Procure and furnish all bonds and all insurance certificates and policies of insurance specified in this Contract; 4. Taxes. Pay all applicable federal, state, and local taxes; 5. Miscellaneous. Do all other things required of Contractor by this Contract; and 6. Quality. Provide, perform, and complete all of the foregoing in a proper and workmanlike manner, consistent with the standards of recognized professional firms in performing Work of a similar nature, in full compliance with, and as required by or pursuant, to this Contract, and with the greatest economy, efficiency, and expedition consistent therewith, with only new, undamaged, and first quality equipment, materials, and supplies. B. Performance Standards. Contractor acknowledges and agrees that all Work shall be fully provided, performed, and completed in accordance with the specifications and description of Work attached hereto as Exhibit A. C. Responsibility for Damage or Loss. Contractor proposes, and agrees, that Contractor shall be responsible and liable for, and shall promptly and without charge to Village repair or replace, any damage done to, and any loss or injury suffered by, the Village, the Work, the Work Site, or other property or persons as a result of the Work. 24 D. Inspection/Testing/Rejection. Village shall have the right to inspect all or any part of the Work and to reject all or any part of the Work that is, in Village’s judgment, defective or damaged or that in any way fails to conform strictly to the requirements of this Contract and the Village, without limiting its other rights or remedies, may require correction or replacement at Contractor's cost, perform or have performed all Work necessary to complete or correct all or any part of the Work that is defective, damaged, or nonconforming and charge Contractor with any excess cost incurred thereby, or cancel all or any part of any order or this Contract. Work so rejected may be returned or held at Contractor's expense and risk. 2. Contract Price Contractor acknowledges and agrees that Contractor shall take in full payment for all Work and other matters set forth under Section 1 above, including overhead and profit; taxes, contributions, and premiums; and compensation to all subcontractors and suppliers, the compensation set forth below. A. SCHEDULE OF PRICES For providing, performing, and completing all Work, the [total Contract Price of:] [sum of products resulting from multiplying the number of acceptable units of Unit Price Items listed below incorporated into the Work by the Unit Price set forth below for such Unit Price Item:] [INSERT TABLE OF UNIT PRICES, IF REQUIRED] TOTAL CONTRACT PRICE (in writing): _____________________Dollars and ___ Cents TOTAL CONTRACT PRICE (in figures): _____________________Dollars and ___ Cents B. BASIS FOR DETERMINING PRICES It is expressly understood and agreed that: 1. All prices stated in the Schedule of Prices are firm and shall not be subject to escalation or change; 2. The Village is not subject to state or local sales, use, and excise taxes, that no such taxes are included in the Schedule of Prices, and that all claim or right to claim any additional compensation by reason of the payment of any such tax is hereby waived and released; 3. All other applicable federal, state, and local taxes of every kind and nature applicable to the Work are included in the Schedule of Prices. C. TIME OF PAYMENT It is expressly understood and agreed that all payments shall be made in accordance with the following schedule: [INSERT SCHEDULE RE: MILESTONE OR PROGRESS PAYMENTS/RETAINAGE REQUIREMENTS/SUBMISSION DATES]. All payments may be subject to deduction or setoff by reason of any failure of Contractor to perform under this Contract. Each payment shall include Contractor's certification of the value of, and partial or final waivers of lien covering, all Work for which payment is then requested and Contractor's certification that all prior payments have been properly applied to the payment or reimbursement of the costs with respect to which they were paid. 3. Contract Time Contractor acknowledges and agrees that Contractor shall commence the Work within [Number of days] following the Village’s acceptance of this Contract provided Contractor shall have furnished to the Village all bonds and all insurance certificates [and policies of insurance] specified in this Contract (“Commencement Date”). Contractor further acknowledges and agrees that Contractor shall perform the Work diligently and continuously and shall complete the Work not later than [DATE CERTAIN] [________ days following the Commencement Date] (“Time of Performance”). The Village may modify the Time of Performance at any time upon 15 days prior written notice to the Contractor. Delays caused by the Village shall extend the Time of Performance; provided, however, that Contractor shall be responsible for completion of all Work within the Time of Performance, notwithstanding any strike or other work stoppage by employees of either Contractor or of the Village. 4. Financial Assurance A. Bonds. Contractor acknowledges and agrees that Contractor shall provide a Performance Bond and a Labor and Material Payment Bond, on forms provided by, or otherwise acceptable to, the Village, from a surety company acceptable to the Village, each in the penal sum of the Contract Price, within 10 days following the Village’s acceptance of this Contract. B. Insurance. Contractor acknowledges and agrees that Contractor shall provide certificates of insurance evidencing the minimum insurance coverages and limits set forth in Exhibit B within 10 days following the Village’s acceptance of this Contract. Such policies shall be in form, and from companies, acceptable to the Village. The insurance coverages and limits set forth Exhibit B shall be deemed to be minimum coverages and limits and shall not be construed in any way as a limitation on Contractor's duty to carry adequate insurance or on Contractor's liability for losses or damages under this Contract. The minimum insurance coverages and limits that shall be maintained at all times while providing, performing, or completing the Work are as set forth in Exhibit B. 25 C. Indemnification. Contractor acknowledges and agrees that Contractor shall indemnify, save harmless, and defend the Village against all damages, liability, claims, losses, and expenses (including attorneys' fee) that may arise, or be alleged to have arisen, out of or in connection with Contractor's performance of, or failure to perform, the Work or any part thereof, or any failure to meet the representations and warranties set forth in Section 6 of this Contract. D. Penalties. Contractor acknowledges and agrees that Contractor shall be solely liable for any fines or civil penalties that are imposed by any governmental or quasi-governmental agency or body that may arise, or be alleged to have arisen, out of or in connection with Contractor's performance of, or failure to perform, the Work or any part thereof. 5. Firm Proposal All prices and other terms stated in this Contract are firm and shall not be subject to withdrawal, escalation, or change. 6. Contractor's Representations and Warranties In order to induce the Village to accept this Contract, Contractor hereby represents and warrants as follows: A. The Work. The Work, and all of its components, shall strictly conform to the requirements of this Contract, including, without limitation, the performance standards set forth in Subsection 1B of this Contract; and shall be fit, sufficient, and suitable for the purposes expressed in, or reasonably inferred from, this Contract and the warranties expressed herein shall be in addition to any other warranties expressed or implied by law, which are hereby reserved unto the Village. B. Compliance with Laws. The Work, and all of its components, shall be provided, performed, and completed in compliance with, and Contractor agrees to be bound by, all applicable federal, state, and local laws, orders, rules, and regulations, as they may be modified or amended from time to time, including without limitation the Prevailing Wage Act, 820 ILCS 130/0.01 et seq. (in furtherance of which, a copy of Village’s ordinance ascertaining the prevailing rate of wages, in effect as of the date of this Contract, has been attached as an Appendix to this Contract; if the Illinois Department of Labor revises the prevailing rate of hourly wages to be paid, the revised rate shall apply to this Contract); any other prevailing wage laws; any statutes requiring preference to laborers of specified classes; any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited classification; and any statutes regarding safety or the performance of the Work. Further, Contractor shall have a written sexual harassment policy in compliance with Section 2-105 of the Illinois Human Rights Act during the course of the work. C. Not Barred. Contractor is not barred by law from contracting with the Village or with any other unit of state or local government as a result of (i) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless Contractor is contesting, in accordance with the procedures established by the appropriate Revenue Act, its liability for the tax or the amount of tax, as set forth in 65 ILCS 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or Section 33E-4 of Article 33 of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq. D. Qualified. Contractor has the requisite experience, ability, capital, facilities, plant, organization, and staff to enable Contractor to perform the Work successfully and promptly and to commence and complete the Work within the Contract Price and Contract Time set forth above. 7. Acknowledgements In submitting this Contract, Contractor acknowledges and agrees that: A. Reliance. The Village is relying on all warranties, representations, and statements made by Contractor in this Contract. B. Acceptance. If this Contract is accepted, Contractor shall be bound by each and every term, condition, or provision contained in this Contract. D. Remedies. Each of the rights and remedies reserved to the Village in this Contract shall be cumulative and additional to any other or further remedies provided in law or equity or in this Contract. E. Time. Time is of the essence in the performance of all terms and provisions of this Contract and, except where stated otherwise references in this Contract to days shall be construed to refer to calendar days and time. F. No Waiver. No examination, inspection, investigation, test, measurement, review, determination, decision, certificate, or approval by the Village, whether before or after the Village’s acceptance of this Contract; nor any information or data supplied by the Village, whether before or after the Village’s acceptance of this Contract; nor any order by the Village for the payment of money; nor any payment for, or use, possession, or acceptance of, the whole or any part of the Work by the Village; nor any extension of time granted by the Village; nor any delay by the Village in exercising any right under this Contract; nor any other act or omission of the Village shall constitute or be deemed to be an acceptance of any defective, damaged, or nonconforming Work, nor operate to waive or otherwise diminish the effect of any representation or warranty made by Contractor; or of any requirement or provision of this Contract; or of any remedy, power, or right of the Village. G. Severability. It is hereby expressed to be the intent of the parties to this Contract that should any provision, covenant, agreement, or portion of this Contract or its application to any Person or property be held invalid by a court of competent jurisdiction, the remaining provisions of this Contract and the validity, enforceability, and application to any Person or property shall not be impaired thereby, but the remaining provisions shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Contract to the greatest extent permitted by applicable law. H. Amendments and Modifications. No amendment or modification to this Contract shall be effective until it is reduced to writing and approved and executed by the corporate authorities 26 of the parties in accordance with all applicable statutory procedures. I. Assignment. Neither this Contract, nor any interest herein, shall be assigned or subcontracted, in whole or in part, by Contractor except upon the prior written consent of the Village. J. Governing Law; Venue. This Contract 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. Venue for any action arising out of or due to this Contract shall be in the Circuit Court for DuPage County, Illinois. K. Certified Payrolls. Contractor shall, in accordance with Section 5 of the Illinois Prevailing Wage Act, 820 ILCS 130/5, submit to the Village, on a monthly basis, a certified payroll. The certified payroll shall consist of a complete copy of those records required to be made and kept by the Prevailing Wage Act. The certified payroll shall be accompanied by a statement signed by the Contractor or subcontractor which certifies that: (1) such records are true and accurate; (2) the hourly rate paid is not less than the general prevailing rate of hourly wages required by the Prevailing Wage Act; and (3) Contractor or subcontractor is aware that filing a certified payroll that he or she knows to be false is a Class B misdemeanor. A general contractor may rely upon the certification of a lower tier subcontractor, provided that the general contractor does not knowingly rely upon a subcontractor's false certification. Upon two business days' notice, Contractor and each subcontractor shall make available for inspection the records required to be made and kept by the Act: (i) to the Village, its officers and agents, and to the Director of the Illinois Department of Labor and his or hers deputies and agents; and (ii) at all reasonable hours at a location within this State. L. Conflicts of Interest. Contractor represents and certifies that, to the best of its knowledge, (1) no elected or appointed Village official, employee or agent has a personal financial interest in the business of the Contractor or in this Agreement, or has personally received payment or other consideration for this Agreement; (2) as of the date of this Agreement, neither Contractor nor any person employed or associated with Contractor has any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement; and (3) neither Contractor nor any person employed by or associated with Contractor shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement. M. Exhibits. If any conflict exists between this Contract and any exhibit attached hereto, the terms of this Contract shall prevail. 27 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed, effective on __________________, 2017. ATTEST: VILLAGE OF OAK BROOK, an Illinois municipal corporation By: By: Charlotte Pruss, Village Clerk Village Manager ATTEST: By: [CONTRACTOR] By: Its: 28 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: [insert contractor name and address here:] as Principal (hereinafter called the “Contractor”) and [insert surety name and address here:] , organized and existing under the laws of the State of _______________ (hereinafter called the “Surety”) are held and firmly bound unto Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, Illinois, as the obligee (hereinafter called the “Owner”), in the full and just sum of [insert full contract price here:] $__________________________ for the payment of which sum of money well and truly to be made, the Contractor and the Surety bind themselves and 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 the Contractor’s failure to promptly and faithfully perform its contract with the 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 the Surety under this bond. WHEREAS, the Contractor has entered into a written agreement dated [insert contract date here:] __________________, 201__, with the Owner titled [insert contract title here:] ______________________________________________________________________” (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 the Contractor shall well, truly, and promptly perform all the undertakings, covenants, terms, conditions, and agreements of the Contractor under the contract, including but not limited to the 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 [insert general description of the Work here:] __________________________________________________________________________________ ______________________; (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 Attachment ___ of the Contract]; (3) to procure and furnish all bonds, 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 the 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 the 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. The 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 the Owner or the 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, material, service, or site; or in or to the mode or manner of payment therefore shall in any way release the Contractor and the Surety or either or any of them, or any of their heirs, executors, 29 administrators, successors, or assigns, or affect the obligations of the 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 the Contractor or of the Owner’s termination of the Contractor being hereby waived by the Surety. Notwithstanding anything to the contrary in the foregoing paragraph, in no event shall the obligations of the Surety under this bond in the event of the Contractor’s default be greater than the obligations of the Contractor under the Contract in the absence of the Contractor default. In the event of a default or defaults by the Contractor, the Owner shall have the right to take over and complete the Contract on 30 calendar days’ written notice to the Surety, in which event the Surety shall pay the Owner all costs incurred by the Owner in taking over and completing the Contract. At its option, the Owner may instead request that the Surety take over and complete the Contract, in which event the Surety shall take reasonable steps to proceed promptly with completion no later than 30 calendar days after the date on which the Owner notifies the Surety that the Owner wants the Surety to take over and complete the Contract. The Owner shall have no obligation to actually incur any expense or correct any deficient performance of the Contractor 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 the Owner or the heirs, executors, administrators, or successors of the Owner. Signed and sealed this _____ day of _______________ 201__. Attest/Witness: PRINCIPAL By: _________________________________ By: _________________________________ Title: _________________________________ By: _________________________________ Attest/Witness: SURETY By: _________________________________ By: _________________________________ Title: _________________________________ By: _________________________________ 30 LABOR AND MATERIALS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: [insert contractor name and address here:] as Principal (hereinafter called the “Contractor”) and [insert surety name and address here:] , organized and existing under the laws of the State of _______________ (hereinafter called the “Surety”) are held and firmly bound unto Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, Illinois, as the obligee (hereinafter called the “Owner”), for the use and benefit of itself and of claimants as hereinafter defined (the “Claimants”) in the full and just sum of [insert full contract price here:] $_________________________ to be paid to the Owner or the Claimants or the Owner’s or the Claimant’s assigns, to which payment well and truly to be made the Contractor and the Surety bind themselves and 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 the Surety under this bond. WHEREAS, the Contractor has entered into a written agreement dated [insert contract date here:] __________________, 201__, with the Owner titled [insert contract title here:] ____________ _________________________________________________________________” (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 the Contractor shall promptly pay or cause to be paid all sums of money that may be due to any Claimant with respect to the 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 [insert general description of the Work here:] ________________________________________________________________________ ______________________________________________; (2) to procure and furnish all permits, licenses, and other governmental approvals and authorizations necessary in connection therewith [except as otherwise expressly provided in Attachment A to the Contract]; (3) to procure and furnish all Bonds and all 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 the 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 or 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 the Contractor or with a subcontractor of the Contractor to provide, perform, or complete any part of the Work. The Contractor and the Surety hereby jointly and severally agree that every Claimant that 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 that Claimant, may prosecute the suit to final judgment for such sum or sums as may be justly due that Claimant, and may have execution therein; provided, however, that the Owner shall not be liable for the payment of any costs or expenses of any such suit. 31 The provisions of 30 ILCS 550/1 and 2 of the Illinois Compiled Statutes shall be deemed inserted herein, including the time limits within which notices of claim must be filed and actions brought under this bond. The Contractor and the Surety hereby jointly agree that the Owner may sue on this bond if the 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 the Owner to pay any Claimant. The 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 the Owner or the Contractor to the other in or to the terms of the 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, material, service, or site; or in or to the mode or manner of payment therefor shall in any way release the Contractor and the Surety or either or any of them, or any of their heirs, executors, administrators, successors, or assigns, or affect the obligations of the 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 the Contractor or of the Owner’s termination of the Contractor being hereby waived by the Surety. Signed and sealed this _____ day of _______________ 2017 Attest/Witness: CONTRACTOR By: _________________________________ By: _________________________________ Title: _________________________________ By: _________________________________ Attest/Witness: SURETY By: _________________________________ By: _________________________________ Title: _________________________________ By: _________________________________ 32 Exhibit “A” CONTRACTOR'S CERTIFICATION: Sexual Harassment Policy _______________________________________ (Name of Contractor), having submitted a proposal for a Fixed Base Automatic Water Meter Reading System to the Village of Oak Brook, hereby certifies that this Contract shall be performed in compliance with all requirements of the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq., and that the Contractor and any of its sub-contractors shall not engage in any prohibited form of discrimination in employment as defined by the Act. The Contractor further certifies that it and any of its sub-contractors shall maintain a policy of equal employment opportunity consistent with the requirements of the Act. The Contractor further certifies that said contractor has a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105(A) (4). A copy of these policies shall be provided to the Village or Engineer on request. By: ___________________________ Authorized Agent of Contractor SUBSCRIBED AND SWORN TO before me this _____ day of __________________, 2017 ________________________________________ NOTARY PUBLIC 33 Exhibit “B” CONTRACTOR'S CERTIFICATION: Illinois Department of Revenue - Tax Compliance _______________________________________ (Name of Contractor), having submitted a bid/proposal for a Fixed Base Automatic Water Meter Reading System to the Village of Oak Brook, hereby certifies that said contractor is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, or if it: Is contesting its liability for the tax or the amount of tax in accordance with procedures established by the appropriate Revenue Act; or Has entered into an agreement with the Department of Revenue for payment of all taxes due and is currently in compliance with that agreement. By: ___________________________ Authorized Agent of Contractor SUBSCRIBED AND SWORN TO before me this _____ day of __________________, 2017 ________________________________________ NOTARY PUBLIC 34 Exhibit “C” CERTIFICATION OF CONTRACTOR c174E FHA Rules, 49 CFR 382 _______________________________________ (Name of Contractor), hereby certifies that it is in full compliance with the Federal Highway Administration Rules on Controlled Substances and Alcohol Use and Testing, 49 CFR 382 et. seq. and that (Name of employee/driver or “all employee drivers”) is/are currently participating in a drug and alcohol testing program pursuant to the aforementioned rules. [Company Name] By: Its: SUBSCRIBED AND SWORN TO before me this _____ day of __________________, 2017 ________________________________________ NOTARY PUBLIC 35 Exhibit “D” PAYROLL CERTIFICATION UNDER 820 ILCS 130/5 I, ______________________________ (name), certify under oath that I am employed as the _________________ (title) of ___________________________ (company), a contractor or sub-contractor that has performed work on the Fixed Base Automatic Water Meter Reading System for the Village of Oak Brook for the relevant periods set forth in the attached records kept and maintained in conformance with the requirements of Section 5 of the Prevailing Wage Act (820 ILCS 130/5). I hereby certify that I am authorized to make this certificate and that I have personal knowledge of the matters certified to herein, and that the attached payroll records are: (1) true and accurate; (2) the hourly rate paid to each worker is not less than the general prevailing rate of hourly wages required under the Prevailing Wage Act (820 ILCS 130/0.01 et seq.); and (3) that I am aware that filing a certified payroll that I know to be false is a Class B misdemeanor. ______________________________ Firm Name By: ______________________________ Name/Title ______________________________ Signature SUBSCRIBED AND SWORN to before me this _______day__________, 2017 ________________________________________ NOTARY PUBLIC 36